September 1 5,20 1 0 

By First Class Mail 

Kathryn L. Tierney 

Bay Mills Indian C~rnrnunit>~ 

12140 West Lakeshore Dr. 

Brimley, MI 49715 

Re: Bay Mills Indian Community gaming ordinance amendment 

Dear Ms. Tierney : 

This letter responds to your request to review and approve an amendment to the 

Community's gaming ordinance. The amendment was adopted by the Executive Council 

Resolution No. 10-7-30 on July 30,2010, and submitted to NIGC on August 2,2010. 

The amendment rescinds two previous amendments enacted earlier this year, Resolution 

Nos. 10-2-9 and 10-5-20. The amendment removes site-specific language in the 

ordinance in favor of a genera1 definition of Indian lands that is comparabIe to the 

provisions in the IGRA. 

The ordinance amendment satisfies the requirements of lGRA and NIGC 

regulations, and this letter constitutes my approval of it. It is important to note that 

approval is granted only for gaming on Indian lands as defined by lGRA over whlch the 

Community hasjurisdiction. Thank you for your submission. The NICC staffand I 

look forward to working with you on future gaming issues. If you have questions, please 

do not hesitate to contact Dawn Sturdevant Baurn, Staff Attorney, at 202-632-7003. 

Sincerely, h 

Tracie L. Stevens 

C haitwoman 

NATIONAL HEAOQUARTERS 1441 L St NVli SIJII? qlw, Wa~h~ngton. DC 2W5 Te\ 202 632.7003 Fax: 202.632 7066 W.NICC.GOV 

REGIONAL OFFICES Ponland, OR; Sacramento, CA. Phoen~x. AZ, St Paul. MN: Tulsa. OK 
Bay Mills Indian Community 

121 40 West Lakeshore Drive 

Brimley, Michigan 4971 5 

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

RESOLUTION 

Resolution No. 10-7-30 

Amendment to Gaming Ordinance 

WHEREAS: The Bay Mills Indian Community is a federally recognized Indian tribe with a Constitution 

enacted pursuant to the Indian Reorganization 

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

WHEREAS: The Tribe regulates gaming on its tribal lands 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WHEREAS: The Executive Council has determined that it is 

in the best interest of the Bay Mills Indian 

Community to describe the lands upon which 

gaming may be conducted pursuant to this 

Ordinance and in conformance with the Indian 

Gaming Regulatory Act, 25 U.S.C. sec. 2701, et 

seq. 

NOW, THEREFORE BE IT RESOLVED, that the Executive Council 

of the Bay ills Indian Community hereby amends 

the Gaming Ordinance by revising Sections 2.30, 

and 5.5(A), and deleting Section 2.45, and 

renumbering Sections 2.31 through 2.45, with 

addirions underlined and deletions struck out: 

2.30 ''Indian landst1 means: 

(A) All lands within the limits of the Reservation 

of the Bay Mills Indian Community; and 

(B) Any lands title to which is either held in 

trust by the United States for the benefit of the 

Bay Mills Indian Community or held bv the Bay Mills 

Indian Community subject to restriction bv United 

States asainst alienation and over which the Tribe 

exercises governmental power. 

2.31 "fRSM means .... 

2.32 "Key employeew means 

2.33 "License" means ... 

2 .34 "Manaqer means. . . 
Resolution No. 10-7-30 

2.35 'INational Indian Gamins Commisaioq" means.. . 

2.36 "Net proceeds11 means. . . 

2.37 flOperatoru means.. . 

2 .38 "Ordinancev1 means. . . 

2.39 "Participatev1 or 'lParticipationfl or 'fParticipatinqvl 

in any gaming activity means ... 

2.40 IlPersonlt means. . . 

2.41 llPlaverlf means.. . 

2.42 I1Primarv management officialIt means. . 

2.43 It Proqressive saminqu means. . . 

2 -44 vlPull- tabs, punchboards and tin i arsn means 

2.45 "Reservakiea Raffle" means... 

5.5 Threshold Criteria Which a Potential O~erator Must 

Meet. The Tribal Commission shall automatically 

issue the above license to any tribally-owned or 

tribally-operated Class I1 or Class I11 proposed 

gaming enterprise if: 

(A) The proposed gaming activity is to be located 

on "Indian landsu, as defined in Section 2.30 of 

this Ordinance, and is not prohibited by Section 20 

of IGFLA ~a~d-whieh-~s-he~d-i~-~~~s~-~ef-~he-T

p~ie~-Ee-0ekeber-~7~-3988~-ef-e~1-k~~sE-fands-whieh 

we~e-feea~ed-w~~hi~-e~-ee~~ig~e~s-~e-khe-

oE-~he-ReservaEiea-e~-Qe~eBer-~?~-~988;--e~-~a~ds 

Eake~-inEe-- Lmsk-agker-GeEeBef -27; -%908-as- a 

seEkTemeaE-ef-$and-eJaim. 

AND BE IT FURTHER RESOLVED, that Resolution Nos. 10-2-9 

and 10-5-20 are hereby rescinded as redundant and 

superfluous upon enactment of this Resolution. 

APPROVED : 
Resolution No. 1 0-7-30 

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 30th day of July, 2010, 

with a vote of 4 for, 0 absent, and / 

-- abstaining. AS=~ provisions 

Constitution, the Tribal Presi 

the event of a tie. 

Bay ~ill~~cbnnnuni ty * 

Executive 
GAMING ORDINANCE 

BA Y MILLS INDiAN COMMUNITY 

Table of Contents 

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

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

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

3.1 Authority and Sovereign Powers and 

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

3.2 Title, Repeal of Prior Laws, and Effect of 

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

3.3 Classes of Gaming .......................... 11 

3.4 Construction .............................. 11 

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

Section 4 . 4.1 

4.2 

4.3 

4.4 

4.5 

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

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

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

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

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

Recognition as a Political Subdivision of the 

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

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

Waiver of Sovereign Immunity of the Tribal 

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

Sovereign Immunity of the Tribe ............ 13 

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

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

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

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

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

Meetings ................................... 15 

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

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

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

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

Annual Budget ............................. 21 

Tribal Commission Regulations ............. 21 

Right of Entrance; Monthly Inspection ..... 22 

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

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

Appointment of Examiner; Power of Examiner 22 

Staff of Gaming Commission ................ 23 

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

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

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

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

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

~pplication Procedures ..................... 24 

Threshold Criteria Which a Potential Operator 

Must Meet .................................. 25 

License Application Fees ................... 26 

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

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

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

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

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

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

Gaming Uployee Requirements ............... 28 

Current and Valid Gaming Employee License 

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

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

Review Procedure ............................. 

Scope of License ........................... 30 

Licensing Period ........................... 31 

Renewals ................................... 31 

Requirement to Produce License Upon Request.31 

Suspension or Termination of Employee Licenses ............................................ 31 

Temporary Suspension of Employee Gaming 

License .................................... 33 

Section 7 . Provisions of General Applicability to All 

Operators .................................. 34 

7.1 Gaming License Required .................... 34 

7.2 Site and Operator Specified ................ 34 

7.3 License Not Assignable ..................... 34 

7.4 Employee Licenses Required ................. 34 

7.5 Eligible Licensees ......................... 34 

7.6 Employee Drug Tests ........................ 34 

7.7 Regulations Posted or Available ............ 34 

7.8 Minimum Age to Play ........................ 35 

7.9 Minimum Age to Enter Facility .............. 35 

7-10 Posting of Rules of Play ................... 35 

7.11 Equipment Rental ~estrictions .............. 35 

7.12 Restrictions on Gaming Apparatus Exchange .. 35 

7.13 Approval of Gaming Materials Required ....... 35 

7.14 Requisite Sale and Redemption Value ........ 35 

7.15 Record Maintenance ~equirements ............ 35 

7.16 Liquor Sale Restrictions ................... 36 

7.17 Form of Payment for Chance to Play ......... 36 

7.18 Documentation of Winnings and Losses for 

Tax Purposes ............................... 36 

7.19 Taxes, Fees and Reports Timely Transmitted .. 36 

7.20 Response to Regulatory Inquiries ........... 36 

7.21 Display of Gaming License .................. 36 

7.22 Maintenance of Premises ................... 36 

7.23 Facility Security .......................... 36 

7.24 Cooperation with Law Enforcement ........... 36 

7.25 Record Inspection .......................... 36 
7.26 Gaming Occasion Restrictions ............... 36 

7.27 Discrunination Prohibited .................. 37 

7.28 Financial Record Review .................... 37 

7.29 Use of Net Proceeds ........................ 37 

7.30 Reportitlg Requirement Compliance ........... 37 

7.31 Trlbal Law Violation ....................... 37 

7.32 Employee Misconduct ........................ 37 

Section 8 . 8.1 

8.2 

8.3 

Gross Proceeds Tax ........................ 37 

Rate ...................................... 37 

Separate Accounting Practices ............. 38 

Tax Due Date; Accr~al. Return and 

Signature ................................. 38 

Annual Periodic Reconciliations ........... 38 

Tax Revenue Distribution .................. 38 

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

Excess of Receipts over Expenses .......... 39 

Annual Budget ......................... 39 

Section 9 . Operation of Tribally-Owned or TriballyOperated Games ............................ 39 

9.1 Management by a Primary Management 

Official .................................. 39 

9.2 Use of Net Revenues of Tribally-Owned or 

Tribally- Operated Gaming Enterprises ..... 40 

9.3 Audit Requirements ........................ 40 

9.4 Management Contracts ...................... 41 

Section 10 . 10.1 

1.0.2 

10.3 

10.4 

10.5 

10.6 

10.7 

10.8 

10.9 

Enforcement ................................ 43 

Jurisdiction ............................... 43 

Prohibited Acts ............................ 43 

Criminal Violation ......................... 45 

Civil Violation ............................ 45 

Cumulative Fines ........................... 45 

Purpose of Civil Penalties ................. 46 

Civil Action for Penalties ................. 46 

Seizure of Property ........................ 46 

Reporting of Offenders ..................... 46 

Section 11 . Authorized Games .......................... 46 

11.1 Games Playable ............................. 46 

11.2 License Required ........................... 46 
2.28 "Immediate family" means, with respect to the person 

under consideration, a husband or wife, and any other 

individual who resides in the household of the person 

under consideration. 

2.29 "In privity with" means a relationship involving one 

who acts jointly with another or as an accessory before 

the fact to an act committed by the other or as a coconspirator with the other. 

2 .3 0 "Indian lands means : 

(A) All lands within the limits of the Reservation of 

the Bay Mills Indian Community; and 

(B) Any lands title to which is either held in trust 

by the united States for the benefit of the Bay Mills 

Indian Community or held by the Bay Mills Indian 

Community subject to restriction by the United States 

against alienation and over which the Tribe exercises 

governmental power. 

2.31 "IRSil means the United States Internal Revenue 

Service. 

2.32 "Rev em~lovee'~ means: 

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

functions : 

11) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

18) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gaming devices including persons 

with access to cash and accounting records within 

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

total cash compensation is in excess of $50,000 per 

year; or, 

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

compensated persons in the gaming operation; or 

(D) any employee whom the Tribal Commission may by 

written notice classify as a key employee. 

2.33 "License1' means the official, legal, and revocable 

permission granted by the Tribal Commission to an 

applicant Lo conducr lllicensedfl gaming activity on the 

lands of the Tribe. 

2.34 "Manasern means an entity who has a management 

contract pursuant to Section 9.4 to operate a tribal 

gaming enterprise. 

2.35 "National Indian Gaminq Commission" means the 

National Indian Gaming Commission established by the 

Indian Gaming Regulatory Act. 

2.36 "Net proceeds1' or "net revenuesf1 means gross gaming 

revenues of a gaming operation less amounts paid out as, 

or paid for, prizes, and total gaming-related operating 

expenses, excluding management fees. 

2.37 Ifmerator" means a person which has obtained a gaming 

license under this Ordinance or which is otherwise . - 

permitted by this Ordinance to perf om, promote, conduct, 

or operate any lawful gaming activity on tribal lands at a 

gaming establishment. 

2.38 vOrdinanceu means the Gaming Ordinance of the Bay 

Mills Indian Community, as it may from time to time be 

amended. 

2.3 9 "Particiwate" or tlPartici~ationl~ or "Particiwatinq" 

in any gaming activity means operating, directing, 

financing or in any way assisting in the establishment of 

or operation of any class of gaming or any site at which 

such gaming is being conducted, directly or indirectly, 

whether at the site in person or off the Reservation. 

2.40 "Person" means any individual, partnership, joint 

venture, corporation, joint stock company, company, firm, 

association, trust, estate, club, business trust, 

municipal corporation, society, receiver, assignee, 

trustee in bankruptcy, political entity, and any owner, 

direcror, officer or employee of any such entity, or any 

group of individuals acting as a unit, whether mutual, 

cooperative, fraternal, nonprofit, or otherwise, the 

government of the Tribe, any governmental entity of the 
Tribe, or any of the above listed forms of business 

entities that are wholly owned or operated by the Tribe; 

provided, however, that the term does not include the 

federal government and any agency thereof. The 

plural of "persont1 is 'Ipeople1l. 

2.41 '1Pla~er71 means a person participating in a game with 

the hope of winning money or other benefit, but does not 

include an operator, or any assistant of an operator. 

2.42 "Primary Manaqement OfficialM means 

(A) The person having management responsibility for a 

management contract; 

(B) Any person who has authority: 

11) To hire and fire employees; or 

(2) To set up working policy for the gaming 

operation; or 

IC) The chief financial officer or other person who 

has financial management responsibility. 

2 -43 I1Proqressive1' means any game in which a cash 

prize which, not being won by any player during any game, 

is retained and further monetarily enhanced by the 

operator or eligible organization, and offered as a prize 

to players in the next game. 

2.44 llPull-tabs, punchboards and tip iarsu means a form of 

gaming in which preprinted cards utilizing symbols or 

numbers in random order which are uncovered by random 

choice in expectation of cash prizes if prescribed 

combinations of symbols and numbers are revealed. 

2.45 "Raf f lefl means a form of gaming in which each player 

buvs a ticket for a chance to win a nrize with the winner 

determined by a random method. "~affl;" does not include a 

slot machine. 

2.46 "Stateu means the State of Michigan. 

2.47 I1Takeout" means that portion of a wager which is 

deducted from or not included in the pari-mutual pool, and 

which is distributed to people other than those placing 

wagers. 

2.48 llTele-bett1 means any system of telephone account 

wagering on a gaming event. 

2.49 LITele-binsol' means a form of lawful gaming in which 

the game defined as "bingo" is conducted on tribal lands, 
but through a system combining the use of computers and 

cable television or telephone lines, and does not require 

the presence of the players at the site from where the 

telecast is originating. The presence of players is 

required, however, at the site on the reservation where 

the tele-bingo game is being offered. 

2.50 "Tribal Commissionqt means the Gaming Commission 

described in Section 4 of this Ordinance. 

2.51 "Tribal Court1' means the Tribal Court of the Bay 

Mills Indian Community. 

2.52 "Tribe" means the Bay Mills Indian Community. 

2.53 qlTwenty-onell, also known as "blackiack, " is the card 

game played by a maximum of seven players and one dealer 

wherein each player plays his hand against the dealer's 

hand, and the object of which is for a player to obtain a 

higher total card count than the dealer by reaching 21 or 

as close to 21 as possible without exceeding that count. 

The cards have the following value: 

(A) Aces count either one or 11, at the player's 

option. 

(3) Kings, queens, and jacks each have a count of ten. 

(C) All other cards are counted at their face value 

2.54 ITWaqerq1 means the initial bet made in any game. 

2.55 "Waqerinq Office" means any locaticln within tribal 

lands at which wagers are placed or accepted by an 

operator. 

Section 3. General Provisions. 

3.1 Authority and Sovereiqn Powers and Reswonsibilities. 

This ordinance is enacted pursuant to the inherent 

sovereign powers of the Tribe. The power to 

enact these ordinances is expressly delegated to the 

Tribal Council in Article VI of the Tribal Constitution. 

3.2 Title, Repeal of Prior Laws, and Effect of Repeal. 

This Ordinance may be cited as the Bay r ills Gaming 

Ordinance. 

All titles, chapters, and sections of the Tribal Code of 

the Bay Mills Indian Community which pertain to gaming, 

and are in effect as of the date that this Ordinance 

becomes operative, are hereby repealed, and all other 
laws, or parts thereof, inconsistent with the provisions 

of this Ordinance are hereby repealed. 

Repeal of this Ordinance or any portion thereof shall not 

have the effect of reviving any prior Law, Ordinance, or 

Resolution theretofore repealed or suspended. 

3.3 Classes of Gaminq. This Ordinance shall divide 

gaming into the following three Classes: Class I, Class I1 

and Class 111. 

3.4 Construction. In construing the provisions of this 

Ordinance, unless the context otherwise requires, the 

following shall apply: 

(A) This Ordinance shall be liberally construed to 

effect its purpose and to promote substantial justice. 

(B) Words in the present tense include the future and 

past tenses. 

(C) Words in the singular number include the plural, and words in the plural number include the singular, 

(D) Words of the masculine gender or neuter include 

masculine and feminine genders and the neuter. 

3.5 Savinss Clause. If any section of this Ordinance is 

invalidated by a court of competent jurisdiction, the 

remaining sections shall not be affected thereby. 

Section 4. Tribal Gaming Commission. 

4.1 Establishment. The Council hereby charters, creates 

and establishes the Gaming Commission as a governmental 

subdivision of the Tribe. The Commission shall be 

referred to throughout this Ordinance as the Tribal 

Commission. 

4.2 Location and Place of Business. The Tribal 

Commission shall be a resident of and maintain its 

headquarters, principal place of business and office on 

the Bay Mills Reservation, Michigan. The Tribal Commission 

may, however, establish other places of business in such 

other locations as the Tribal Commission may from time to 

time determine to be in the best interest of the Tribe. 

4.3 Duration. The Tribal Commission shall have perpetual 

existence and succession in its own name, unless dissolved 

by the Tribal Council pursuant to Tribal law. 

4.4 Attributes. As a governmental subdivision of the 

Tribe, the Tribal Commission has been delegated the right 
to exercise one or more of the substantial governmental 

functions of the Tribe. In creating the Tribal Commission, 

it is the purpose and intent of the Tribal Council that 

the operations of the Tribal Commission be conducted on 

behalf of the Tribe for the sole benefit and interests 

of the Tribe, its members and the residents of the 

Reservation. In carrying out its purposes under this 

Ordinance, the Tribal Commission shall function as an arm 

of the Tribe. Notwithstanding any authority delegated to 

the Tribal Commission under this Ordinance, the Tribe 

reserves to itself the right to bring suit against any 

person or entity in its own right, on behalf of the Tribe 

or on behalf of the Tribal Commission, whenever the Tribe 

deems it necessary to protect the sovereignty, rights and 

interests of the Tribe or the Tribal Commission. 

4.5 Recoqnition as a Political Subdivision of the Tribe. 

The Tribe, on behalf of the Tribal Commission, shall take 

all necessary steps to acquire recognition of the Tribal 

Commission as a political subdivision of the Tribe, 

recognized by all branches of the United States Government 

as having been delegated the right to exercise one or more 

substantial governmental functions of the Tribe. 

4.6 Sovereisn Immunity of the Tribal Commission. The 

Tribal Commission is clothed by federal and tribal law 

with all the privileges and immunities of the Tribe, 

except as specifically limited by this Ordinance, 

including sovereign irnmunity from suit in any state, 

federal or tribal court. Nothing in this Ordinance shall 

be deemed or construed to be a waiver of sovereign 

immunity of the Tribal Commission from suit, which shall 

only be waived pursuant to subsection 4.7. Nothing in this 

Ordinance shall be deemed or construed to be a consent of 

the Tribal Commission to the jurisdiction of the United 

States or of any state or of any other tribe with regard 

to the business or affairs of the Tribal Commission. 

4.7 Waiver of Sovereiqn Immunity of the Tribal 

Commission. Sovereign immunity of the Tribal Commission 

may be waived only by express resolutions of both the 

Tribal Commission and the Tribal Council after 

consultation with its attorneys. All waivers of sovereign 

immunity must be preserved with the resolutions of the 

Tribal Commission and the Tribal Council of continuing 

force and effect. Waivers of sovereign immunity are 

disfavored and shall be granted only when necessary to 

secure a substantial advantage or benefit to the Tribal 

Commission. Waivers of sovereign immunity shall not be 

general but shall be specific and limited as to duration, 

grantee, transaction, property or funds, if any, of the 

Tribal Commission subject thereto, and shall specify the 

court having jurisdiction pursuant thereto and the 

applicable law. Neither the power to sue and be sued 
provided in Subsection 4.18 (2) , nor any express waiver of 

sovereign immunity by resolution of the Tribal Commission 

shall be deemed a consent to the levy of any judgment, 

lien or attachment upon property of the Tribal Commission 

other than property specifically pledged or assigned, or a 

consent to suit in respect of any land within the exterior 

boundaries of the Reservation or a consent to the 

alienation, attachment or encumbrance of any such land. 

4.8 Sovereiqn Immunity of the Tribe. All inherent 

sovereign rights of the Tribe as a federally-recognized 

Indian tribe with respect to the existence and activities 

of the Tribal Commission are hereby expressly reserved, 

including sovereign immunity from suit in any state, 

federal or tribal court. Nothing in this Ordinance, nor 

any action of the Tribal Commission, shall be deemed or 

construed to be a waiver of sovereign immunity from suit 

of the Tribe; or to be a consent of the Tribe to the 

jurisdiction of the United States or of any state or any 

other tribe with regard to the business or affairs of the 

Tribal Commission or the Tribe; or to be a consent of the 

Tribe to any cause of action, case or controversy, or to 

the levy of any judgment, lien or attachment upon any 

property of the Tribe; or to be a consent to suit with 

respect to any land within the exterior boundaries of the 

Reservation, or to be a consent to the alienation, 

attachment or encumbrance of any such land. 

4.9 Credit of the Tribe. Nothing in this Ordinance nor 

any activity of the Tribal omm mission shall implicate or 

any way involve the credit of the Tribe. 

4.10 Assets of the Tribal Commission. The Tribal 

Commission shall have only those assets specifically 

assigned to it by the Council or acquired in its name by 

the Tribe or by it on its own behalf. No activity of the 

Tribal Commission nor any indebtedness incurred by it 

shall implicate or in any way involve any assets of tribal 

members or the Tribe not asslgned in writing to the Tribal 

Commission. 

4.11 Membership. 

(A) Number of Commissioners. The Tribal Commission 

shall be comprised of five (5) Tribal Gaming Commissioners consisting of persons appointed by the 

Executive Council. 

(B) Qualification of Commissioners. Each Commissioner 

must be a member of the Tribe, and, as of the date of 

appointment, shall not be: 

(1) An employee of a gaming enterprise of the 

Tribe; or 
(2) A member of the Gaming Commission staff. 

(C) Background Check. Prior to the time that any 

Tribal Commission member takes office on the Tribal 

Commission, the Tribe shall perform or arrange to have 

performed a comprehensive background check on each 

prospective member, the results of which shall be 

transmitted to the Executive Council. No person shall 

serve as a Commissioner if: 

(1) His prior activities, criminal record, if any, 

or reputation, habits or associations: 

(a) Pose a threat to the public interest; or 

(b) Threaten the effective regulation and 

control of gaming; or 

(c) Enhance the dangers of unsuitable, unfair, 

or illegal practices, methods, or activities in 

the conduct of gaming; or 

(2) S/he has been convicted of or entered a plea 

of nolo contendere to a felony or any gaming 

offense in any jurisdiction or to a misdemeanor 

within five (5) years of consideration for 

appointment involving a matter which would be a 

crime under the provisions of the Michigan Penal 

Code or the controlled substance provisions of the 

Michigan Public Health Code; or 

(3) S/he has a present interest in the conduct of 

any gaming enterprise or in any business which is 

licensed as a vendor to a gaming enterprise of the 

Tribe; or 

(4) S/he has a member of his immediate family 

employed as a primary management official by any 

tribal gaming establishment. 

4.12 Term of Office. Each Commissioner shall serve a 

term of four years, commencing on January lst, or until a 

successor Commissioner is appointed. On January 1, 1998, 

two Commissioners shall be appointed for a term of two 

years, and three Commissioners shall be appointed for a 

term of four years. Thereafter, all Commissioners shall 

serve four-year terms. The Council's appointment of any 

Commissioner who is not a member of the Execut.ive Council 

shall be by resolution. 

4.13 Ex Officio Members. At the direction of the Tribal 

Council, any member of the Tribal Council, any Tribal or 

Bureau of Indian Affairs employee or any other person may 
be designated to participate, without vote, in Tribal 

Commission meetings. 

4.14 Meetinas. 

(A) Reqular Meetinqs. The Tribal Commission shall hold 

at least two regular monthly meetings, which shall 

take place on the first and third Tuesdays of each 

month. If the meeting date falls on a holiday, it may 

be rescheduled to another date not in conflict with 

the regular meetings of the Executive Council on the 

second and fourth Mondays of each month. 

(B', Saecial Meetinss. Special meetings may be called 

at the request of <he Tribal Council, the Chairman of 

the Tribal Commission or three (3) or more members of 

the Tribal Commission. 

(C) Com~ensation of Commissioners. An honorarium set 

by the Executive Council may be paid to Commissioners 

as compensation. 

(Dl Quorum. A quorum for all meetings shall consist 

of four (4) members. 

(E) Votinq. All questions arising in connection with 

the action of the Tribal Commission shall be decided 

by nlajority vote. The Chairman of the Tribal 

Commission shall only be entitled to vote to break a 

tie. 

4.15 Orsanization. The Tribal Commission shall develop 

its own operating procedures and shall elect from within 

itself a Chairnian to direct meetings, a reporter to be 

responsible for keeping Tribal Commission minutes and 

transmitting to the Tribal Council a copy of those 

minutes , hand1 ing correspondence and reporting Tribal 

Commission decisions and such other officers as it deems 

advisable. 

4.16 Removal of Members or Vacancies. 

{A) Removal. 

(1) A Commissioner shall be immediately removed 

by the Executive Council for any action which bars 

eligibility for serving in that capacity under 

subsections 411C2, 3, or I41 of this 

Ordinance. 

(2) A Commissioner may be removed by the Courlcil 

for the following reasons: serious inefficiency, 

neglect of duty, malfeasance, misfeasance, 

nonfeasance, misconduct in office, or for any 

-15- Kevioed 7-10-10 
conduct which threatens the honesty and integrity 

of the Tribal Commission or otherwise violates the 

letter or intent of this Ordinance. Except as 

provided below, no Commissioner may be removed 

without notice and an opportunity for a hearing 

before the Council, and then only after the 

Commissioner has been given written notice of the 

specific charges at least ten days prior to such 

hearing. At any such hearing, the Commissioner 

shall have the opportunity to be heard in person 

or by counsel and to present witnesses on his 

behalf. If the Council determines that immediate 

removal of a Commissioner is necessary to protect 

the interests of the Tribe, the Council may 

immediately remove the Commissioner temporarily, 

and the question of permanent removal shall be 

determined thereafter pursuant to Tribal 

Commission hearing procedures. A written record of 

all removal proceedings together with the charges 

and findings thereon shall be kept by the Tribal 

Secretary. The decision of the Council upon the 

removal of a Conm~issioner shall be final. 

(3) Vacancies. If any Commissioner shall die, resign, 

be removed or for any reason be unable to serve as a 

Commissioner, the Council shall declare his posirion 

vacant and shall appoint another person to fill the 

position. The terms of office of each person appointed 

to replace an initial Commissioner shall be for the 

balance of any unexpired term for such position, 

provided, however, that any prospective appointee must 

meet the qualifications established by thls Ordinance. 

4.17 Conflict of Interest. No person shall serve as a 

Commissioner if s/he or any member of his immediate family 

is a primary management official of, or has a financial 

interest in, any management contract or gaming supply 

business, or ~f s/he has any other personal or legal 

relationship which places him in a conflict of interest. 

4.18 Powers of the Tribal Commission. In furtherance, 

but not in limitation, of the Tribal Commissionls purposes 

and responsibilities, and subject to any restrictions 

contained in this Ordinance or other applicable law, the 

Tribal Commission shall have and is authorized to exercise 

by majority vote, the following powers in addition to all 

powers already conferred by this Ordinance: 

(A) To regulate all day-to-day gaming activity within 

the jurisdiction of the Tribe including tele-bingo and 

other unusual games. 

(B) To promote the full and proper enforcement of all 

tribal civil and criminal gaming laws and policies. 
(C) To enact: and enforce such rules and regulations 

regarding its activities and governing its internal 

affairs as the Tribal Commission may deem necessary 

and proper to effectuate the powers granted by this 

Ordinance and the powers granted and duties imposed by 

applicable law. 

(D) To publish and distribute copies of this 

Ordinance, Tribal Commission rules, and any Council, 

Tribal Commission or Tribal Court decisions regarding 

gaming matters. 

(E) To prepare and submit for Council approval 

proposals, including budget and monetary proposals, 

which could enable the Tribe to better carry forth the 

policies and intent of this Ordinance. 

(F) To work with the staff of any tribal department, 

program, project, or operation and to cooperate with 

the Council or any Council Committee in regard to 

gaming issues. 

(G) where it is in the best interest of the Tribe, to 

develop a cooperative working relationship with 

federal and state agencies and officials. 

(H) To arrange for and direct such inspections and 

investigations as it deems necessary to ensure 

compliance with this Ordinance and implementing 

regulations. In undertaking such investigations, the 

Trlbal Commission may request the assistance of tribal 

gaming staff, federal, state and tribal law 

enforcement officials, legal counsel and other third 

parties. 

(I) To maintain and keep current a record of new 

developments in the area of Indian gaming. 

(J) To request the assistance of the Tribal Court or 

Tribal Appellate Court in conducting gaming hearings, 

defining terms used in this Ordinance or other tribal 

laws, or in any other matter in which the Tribal 

Commission deems such assistance to be necessary or 

proper. 

IK) To consider any gaming matter brought before it 

by any person, organization or business, and all 

matters referred to it by the Tribal Council. 

(L) To obtain and publish a summary of federal revenue 

laws relating to gaming and to insure compliance with 

the same. 
(M) To arrange for training of Tribal Commission 

members, tribal employees and others in areas relating 

to the regulation or operation of gaming. 

IN) With the approval of the Council, to employ such 

advisors as it may deem necessary. Advisors may 

include, but are not limited to, lawyers, accountants, 

law enforcement specialists and gaming professionals. 

(0) To make recommendations to the Council on the 

hiring of all supervisory gaming employees. 

(P) To promulgate rules and regulations to implement 

and further the provisions of this Ordinance. 

(Ql To approve or disapprove any application for a 

tribal gaming license. 

(R) To consult with and make recommendations to the 

Council regarding changes in tribal gaming laws and 

policies. 

(S) To administer oaths, conduct hearings, and by 

subpoena compel the attendance of witnesses and the 

production of any books, records and papers relating 

to the enforcement of tribal gaming laws, regulations 

and policies. 

(T) To make, or cause to be made by its agents or 

employees, an examination or investigation of the 

place of business, equipment, facilities, tangible 

personal property, and the books, records, papers, 

vouchers, accounts, documents and financial statements 

of any gaming or enterprise operating, or suspected to 

be operating, within the jurisdiction of the Tribe. 

(U) When necessary or appropriate, to request the 

assistance and utilize the services of the courts, law 

enforcement and government officials and agencies, and 

private parties, in exercising its powers and carrying 

out its responsibilities. 

(V) To examine under oath, either orally or in 

writing, any person or agent, officer, or employee of 

any person, with respect to any matters related to 

this Ordinance. 

(W) To delegate to an individual member of the 

Commission, or to an individual member of the Tribal 

Council, or to the Tribal Commission or tribal staff , such of its functions as may be necessary to 

administer these ordinances efficiently; provided, 

that the Tribal Commission may not re-delegate its 

power to exercise any of the substantial governmental 

-18- 

Revised 7-30-10 
functions of the Tribe delegated to the Tribal 

Commission by the Tribe; and provided further, that 

the Tribal Commission may not delegate its power to 

promulgate rules and regulations. It may also not 

delegate to anybody except the Tribal Council or 

Tribal Court the power to revoke a tribal gaming 

license permanently. The Tribal Commission may, 

however, delegate the power to suspend a gamlng 

license temporarily and to close a licensed gaming 

enterprise for no more than 30 days when its continued 

operation threatens the public health, welfare or 

safety . 

(X) To close permanently, after notice and a hearing, 

any game or games which are operating in violation of 

tribal law. 

(Y) To sue or be sued in courts of competent 

jurisdiction within the United States and Canada, 

subject to the provisions of this Ordinance and other 

tribal laws relating to sovereign immunity; provided, 

that no suit shall be brought by the ~ribal Commission 

without the prior explicit written approval of the 

Tribal Council. 

(2) To purchase, lease, take by gift, devise or 

bequest, or otherwise acquire, own, hold, improve and 

use property and assets of every description, real and 

personal, tangible or intangible, including money, 

securities, or any interests therein, rights and 

services of any kind and description or any interest 

therein; provided that the Tribal Commission shall 

have authority to purchase any interest in real 

property, whether located on or off the Reservation, 

only with the express, prior written consent of the 

Tribal Council as to each such action, and title to 

such real property and property which is to become a 

fixture or permanent improvement or part of the real 

property shall be taken in the name of the Tribe or in 

the name of the United States in trust for the Tribe, 

and title to all trust and restricted real property 

shall remain in trust or restricted status. 

(AA) To sell, convey, martgage, pledge, lease, 

exchange, transfer and otherwise dispose of all or any 

part of its personal property and assets. 

(BB) With the prior permission of the Tribal Council, 

to borrow money and to make, accept, endorse, execute 

and issue bonds, debentures, promissory notes, 

guarantees and other obligations of the Tribal 

Commission for moneys borrowed, or in payment for 

property acquired or for any of the purposes of the 

Tribal Commission and to secure payment of any 

- 19 - Revised 7-30-10 
obligations by secured interest, mortgage, pledge, 

deed, indenture, agreement or other instrument of 

trust or by other lien upon, assignment of or 

agreement in regard to all or any part of rhe 

property, rights or privileges of the Tribal 

Commission. 

(CC) To arbitrate, compromise, negotiate or settle any 

dispute to which it is a party relating to the Tribal 

Commission's authorized activities. 

(DD) To enter into, make, perform and carry out any 

agreement, partnership, joint venture contract or 

other undertaking with any federal, state or local 

governmental agency, tribe, person, partnership, 

corporation or other association or entity for any 

lawful purpose pertaining to the business of the 

Tribal Commission or which is necessary or incidental 

to the accomplishment of the purposes of the Tribal 

Commission. 

(EE) To invest and reinvest its funds in such 

mortgages, bonds, notes, debentures, share of 

preferred and common stock, and any other securities 

of any kind whatsoever, and property, real, personal 

or mixed, tangible or intangible, as the Tribal 

Commission shall deem advisable and as may be 

permitted under applicable law, provided that the 

Tribal Commission shall have authority to invest or 

reinvest in real property, whether located on or off 

the Reservation, subject to the restrictions set forth 

in Subsection 4.18 (DD) above. 

(FF) To exercise the tribal power to tax authorized by 

the Tribal Constitution, and, in accordance with other 

applicable law, by establishing and collecting gaming 

fees from gaming enterprises. 

(GG) To purchase insurance from any stock or mutual 

company for any property, or against any risk or 

hazard. 

(HH) To establish and maintain such bank accounts as 

may be necessary or convenient. 

(TI) To engage in any and all activities which 

directly or indirectly carry out the purposes of the 

Tribe as set forth in this Ordinance. 

IJJ) With prior approval of the Tribal Council, to 

make application and accept grants and other awards 

from prlvate and governmental sources in carrying out 

or furthering the purposes of the Tribal Commission or 

the Tribe. 
(KK) To exercise all authority delegated to it or 

conferred upon it by law and to take all action which 

shall be reasonably necessary and proper for carrying 

into execution the foregoing powers and all of the 

powers vested in this Ordinance as permitted by the 

purposes and powers herein stated and which are deemed 

to be in the best interests of the Tribe, exercising 

prudent management and good business judgment, all in 

compliance with applicable law. 

4.19 Annual Budaet. The Tribal Commission shall prepare 

an annual ooerating budget for all Tribal Commission 

activities and present it to the Council by November 15th 

of each year. 

4.20 Tribal Commission Recrulations. 

(A) Tribal Commission regulations necessary to carry 

out the orderly performance of its duties and powers 

shall include, but shall not be limited to the 

following: 

(1) Internal operational procedures of the Tribal 

Commission and its staff; 

(2) Ir-terpretation and application of this 

Ordinance as may be necessary to carry out the 

Tribal Commission's duties and exercise its 

powers ; 

(3) A regulatory system for all gaming activity, 

including accounting, contracting, management and 

supervision; 

(4) The findings of any reports or other 

informarion required by or necessary to implement 

this Ordinance; and 

(5) The conduct of inspections, investigatians, 

hearings, enforcement actions and other powers of 

the Tribal Commission authorized by this 

Ordinance. 

(B) No regulation of the Tribal Commission shall be of 

any force or effect unless it is adopted by the Tribal 

Commission by written resolution and subsequently 

approved by a resolution of the Tribal Council and 

both filed for record in the office of the Tribal 

Secretary. 

(C) The Tribal Court and any other court of competent 

jurisdiction shall take judicial notice of all Tribal 

Commission regulations adopted pursuant to this 

Ordinance. 

-21- Rev1 oed 7- 30- 10 
4.21 Risht of Entrance; Monthlv Inspection. The Tribal 

Commission and duly authorized officers and employees of 

the Tribal Commission, during regular business hours, may 

enter upon any premises of any operator or gaming 

establishment for the purpose of making inspections and 

examining the accounts, books, papers, and documents, of 

any such operator or gaming establishment. Such operator 

shall facilitate such inspection or examinations by giving 

every reasonable aid to the Tribal Commission and to any 

properly authorized officer or employee. 

A Commissioner or a member of the Tribal Commissionls 

staff shall visit each tribally-owned or tribally-operated 

gaming establishment during normal business hours for the 

purpose of monitoring its operation. Such visits shall be 

unannounced. 

4.22 Investigations. The Tribal Commission, upon 

complaint or upon its own initiative or whenever it may 

deem it necessary in the performance of its duties or the 

exercise of its powers, may investigate and examine the 

operation and premises of any person who is subject to the 

provisions of this Ordinance. In conducting such 

investigation, the Tribal Commission may proceed either 

with or without a hearing as it may deem best, but it 

shall make no order without affording any affected party 

notice and an opportunity for a hearing pursuant to Tribal 

Commission regulations. 

4.23 Hearinpa;* Pursuant to regulations, the 

Tribal Commission may hold any hearing it deems to be 

reasonably required in administration of its powers and 

duties under this Ordinance. Whenever it shall appear to 

the satisfaction of the Tribal Commission that all of the 

interested parties involved in any proposed hearing have 

agreed concerning the matter at hand, the Tribal 

Commission may issue its order without a hearing. 

The Tribal Commission may designate one of its members to 

act as examiner for the purpose of holding any such 

hearing or the Tribal Commission may appoint another 

person to act as examiner under subsection 4.24 below. The 

Tribal Commission shall provide reasonable notice and the 

right to present oral or written testimony to all people 

interested therein as determined by the Tribal Commission. 

4.24 Appointment of Examiner: Power of Examiner. The 

Tribal Commission may appoint any person qualified in the 

law or possessing knowledge or expertise in the subject 

matter of the hearing to act as examiner for the purpose 

of holding any hearing which the Tribal Commission, or any 

member thereof, has power or authority to hold. Any such 

appointment shall constitute a delegation to such examiner 

-22- 

Revinsd 7-30-10 
of all powers of a Commissioner under this Ordinance with 

respect to any such hearing. 

4.25 Staff of Gamins Commission. Staff of the Gaming 

Commission are employees of the Bay Mills Indian 

Community, subject to the governmental personnel policies 

of the Tribe and supervised by the Commission. 

(A) Any staff position which includes responsibility 

for monitoring, reviewing and investigating the dayto-day gaming operations of a tribally-operated gaming 

enterprise, or supervision of such monitoring, review, 

and investigation, must be held by a person who meets 

the standards contained in subsection 4.11IC) of this 

Ordinance. 

(B) All other staff positions maintained by the 

Gaming Commission must be held by persons who meet the 

standards contained in subsection 4.11 (C) (1) -- (3) of 

this Ordinance. 

(C) No staff member may serve as a Commissioner of 

the Tribal Gaming Commission. 

4.26 Quarterlv Reworts, The Tribal Commission shall 

file a quarterly report to the Council summarizing reports 

received from each of the Tribe's Primary Management 

Officials, and making such comments as it deems necessary 

to keep the Council fully informed as to the status of its 

various gaming operations. 

Section 5. Gaming Licenses. 

5.1 Aw~licabilitv. This Ordinance applies to all people 

engaged in gaming within the jurisdiction of the Tribe. 

The application for license and the conduct of gaming 

within the iurisdiction of the Tribe shall be deemed to be 

a consent tb the jurisdiction of the Tribe and the Tribal 

Court in all matters arising from the conduct of such 

gaming, and all matters arising under any of the 

provisions of this Ordinance or other tribal laws. 

5.2 License Reauired. No person shall operate Class I1 

or Class I11 gaming within the jurisdiction of the Tribe 

unless such gaming is licensed by the Tribe. 

5.3 Wpes of Licenses. The Tribe shall issue each of 

the following types of gaming licenses: 

(A) Tribally-Owned or Tribally-Operated Class 11. This 

license shall be required of all tribally-owned or 

tribally-operated gaming enterprises operating one or 

more Class I1 gaming activities. 

-23- 

Revised 7- 30-10 
(B) Triballv-Owned or Triballv-Operated Class 111. 

This license shall be required -for all tribally- owned 

or operated gaming enterprises operating any gaming 

other than Class I or Class I1 gamlng. 

(C) Privately Owned Gamincr Not Licensable. No license 

may be issued for any gaming operation, whether for 

one or more occasions, which are owned or operated by 

any person other than the Tribe. 

5.4 Application Procedures. 

(A) Tribally-Owned or Tribally-O~erated Class 11. 

Before issuing a license to a tribally-owned or 

operated Class I1 gaming activity the Tribal 

Commission shall: 

(1) Review the proposed gaming activity to ensure 

that all threshold criteria required by this 

Ordinance shall be met. 

(2) Perform the necessary background checks on 

management contractors, primary management 

officials and key employees required by this 

Ordinance. 

I3 ) Review and approve the accounting procedures 

to be used in such gaming activity. 

(4) Take any additional steps necessary to ensure 

the integrity of such gaming activity. 

(B) Tribally-Owned or Tribally-Operated Class 111. 

Before issuing a license to a tribally-owned or 

operated Class I11 gaming activity, the Tribal 

Commission shall: 

(1) Review the proposed gaming activity to ensure 

that all threshold criteria required by this 

Ordinance shall be met. 

(2) Perform the necessary background checks on 

managemen t contractors, primary management 

officials and key employees required by this 

Ordinance. 

(3 1 Review and approve the accounting procedures 

to be used in such gaming activity. 

(4) Take any additional steps necessary to ensure 

the integrity of such gaming activity. 

(5) Review all aspects of the proposed gaming 

operation to ensure that it will be In compliance 

-24- 

Revioed 7-30-10 
with the provisions of the applicable state/tribal 

compact . 

5.5 Threshold Criteria Which a Potential merator Must 

Meet. The Tribal Commission shall automatically issue the 

above license to any tribally--owned or tribally-operated 

Class I1 or Class 111 proposed gaming enterprise if: 

(A) The proposed gaming activity is to be located on 

IfIndian landsw, as defined in Section 2.30 of this 

Ordinance, and is not prohibited by Section 20 of 

IGRA. 

{B) The proposed gaming activity is to be played as 

Class I1 gaming as defined by this Ordinance and the 

IGRA. 

(C) The proposed gaming activity is authorized by a 

Tribal Council resolution. 

(D) The Tribe or one of its subdivisions will have the 

sole proprierary interest and the Tribe will have the 

exclusive responsibility for the conduct of the 

proposed gaming activity. 

(E) The resolution authorizing the proposed gaming 

activity provides that: 

(1) The revenues of the proposed gaming activity 

shall be audited annually and copies of those 

audits will be provided to the Tribal Commission 

and the National Indian Gaming Comrnission. 

(2) The proposed gaming activity shall comply with 

all IRS reporting and filing requirements. 

(3) All of the proceeds of the proposed gaming 

activity shall be used for the purposes stated in 

subsection 9.2. 

(4) All contracts for supplies services or 

concessions for an amount in excess of $25,000 

annually, except contracts for legal and 

consulting services, shall be subject to an annual 

independent audit. 

(5) The construction or maintenance of the gaming 

facility and the operation of the proposed gaming 

activity shall be conducted in a manner which the 

Tribal Commission finds will adequately protect 

the environment and the public health and safety. 

(6) All primary management officials and key 

employees shall pass the background checks and 
cbtain the tribal gaming employee licenses 

required by this Ordinance. 

(7) The Tribal Commission shall have the authority 

to regulate the proposed gaming activity. 

(8) The proposed gaming activity shall pay to the 

National Indian Gaming Commission such fees as 

federal law may require to be paid. 

(9) In the event the gaming activity is Class I11 

gaming, such gaming activity meets all other 

criteria established by the Tribal-State Gaming 

compact. 

5.6 License Amlication Fees, An application fee shall 

be required for a or tribally-operated Class I1 or Class 

111 gaming enterprise. Said fee shall be in the amount of 

$250 and shall accompany the application. 

5.7 License Tax. No annual license tax shall be 

required for a tribally-owned or cribally-operated Class 

I1 or Class IrI gaming operation. 

5.8 Terms of License. A tribally-owned and triballyoperated Class I1 and Class I11 gaming license shall be 

valid for a period of one year from the date of issuance, 

5.9 Poatinq of Licenses. Each operator shall post his 

tribal gaming license in a conspicuous location at his 

place of business. If an operator has more than one 

location, the operator must obtain and post a separate 

license for each location. 

5.10 Gamins License Renewals. Each annual tribal gaming 

license must be renewed every 365 days from the date of 

i-ssuance. A renewal fee shall be requlred for a triballyowned Class I1 or Class I11 license in the amount of $100. 

In order to obtain a renewal of a license, the operator 

shall submit a written renewal application to the Tribal 

Commission on the form provided by the Tribal Comnission. 

No renewal application shall be approved until the annual 

report, required by subsection 5.11, has been properly 

filed. All renewal applications submitted by a triballyowned Class I1 or Class 111 gaming enterprise shall be 

approved in 30 days or less unless the Commission 

believes, based on reasonable grounds, that the enterprise 

has been or will be operated in violation of tribal, 

federal or other applicable law or the terms and 

conditions of the Tribal-State Compact. 

5.11 Annual Reports. Each operator who possesses an 

annual Class I1 or Class I11 license must file an afinual 

report with the Tribal Commission and the ~ribal Council 
between the 15th and the last day of the 12th month 

duration of each such license. The report shall be 

submitted to the Tribal Commission on the annual report 

form provided by the Tribal Commission and shall include, 

at a minimum, the following information: 

(A) The name, address and telephone number of the 

operator ; 

(B) The names, addresses and titles of all of the 

current managers of the operator; 

(C) A description of the gaming activity that it has 

operated and the total gross sales; 

(Dl A written copy of any changes it proposes to 

initiate in its rules; 

(E) A statement of the specific date or dates and time 

or times on which it wishes to operate its gaming 

activity over the next license period; 

(F) The name and addresses of the person who will be 

designated as primary management official over the 

next license period; 

(GI A statement of any changes in the primary 

management officials or key employees who will operate 

the gaming activity over the next license period; 

(H) The names and addresses of any employees who the 

Tribal Commission may determine to be key employees 

during review of the application; 

(I) Written proof that the operator has paid to the 

National Indian Gaming Commission such fees as federal 

and tribal law may require it to pay and will continue 

to do so; 

(J) A sworn statement that the operator has complicd 

with the Internal Revenue Codes and Regulations, 

including written notice of customer winnings, and a 

statement that the operator shall continue to obey all 

tribal and federal laws and shall hold the Tribal 

Commission and the Tribe harmless for failure to do 

SO; 

(K) Any location at which the gaming activity has been 

conducted and any new location which will be 

established in the next license period; 

(L) The number of full-time equivalent people, on an 

annualized basis, employed by the operation during the 

past 12 months, together with a projection of the 
number of full-time equivalent people who are expected 

to be employed during the next license period; 

(M) The total gross revenue of the operator 

attributable directly or indirectly to triballylicensed gaming activity over the preceding 12 months; 

(N) Written proof that the operator has paid to the 

Tribe the gross receipts tax, and a sworn statement 

that it will continue to make such payments as may be 

required during the next license period; 

(0) A sworn statement that the operator will continue 

to comply with all tribal and federal laws applicable 

to the operator's gaming operation; 

(P) A sworn statement that Lhe operator and all of its 

key employees and management contractors continue to 

consent to Tribal Court jurisdiction and service of 

process in all matters arising from the conduct of 

tribally-licensed gaming activity; 

(Q) If the operator is a corporation, a copy of any 

amendment to its articles of incorporation, properly 

certified by the incorporating government, unless a 

current copy has already been filed with the Tribal 

Commission. 

5.12 Closure of a Tribally Licensed Gamins Activitv. If 

the Tribal Commission finds that any tribally owned gaming 

activity is operating in violation of this Ordinance, or 

otherwise presents a threat to the public, the Tribal 

Commission must immediately notify the Tribal Chairman and 

the Tribal Council. The Tribal Council may close down any 

tribally owned or operated gaming activity temporarily or 

permanently at any time with or without cause. 

Section 6. Gaming Employee Requirements. 

6.1 Current and Valid Gamins mlovee License Remired. 

Each primary management official and key employee of a 

Class I1 or Class I11 gaming operation must possess a 

current, valid gaming employee license. 

Application Procedure for mwlovment. 

(A) Any person seeking employment with a gaming 

enterprise licensed by the Commission shall submit an 

application to the Tribal Commission on such form or 

in such manner as the Tribal Commission may require. 

The application form and any changes thereto shall be 

reviewed and approved by the Bay Mills Indian 

Community Executive Council prior to utilization. 
(B) At a minimum, the application shall contain the 

following information: 

(1) All information required under Part 556 of 

Title 25, Code of Federal Regulations, as that may 

from time to time be amended. 

(2) The name, address and telephone number of the 

Primary Management Official for whom the applicant 

is appl ing to work and the specific location at 

which srhe or she is applying to be employed. 

(3) The name and job description of the position 

the applicant is applying for. 

(4) The names and addresses of the applicant's 

living parents, grandparents, spouse, children, 

brothers, and sisters, including step-, half - and 

in- law. 

(5) A sworn statement that neither the applicant 

nor any member of his immediate family has a past 

or current financial interest, other than a salary 

interest, in any gaming-related enterprise 

anywhere. If the applicant has any relative who 

has such a relationship, the applicant shall fully 

disclose his name and the nature of the 

relationship. 

(6) Written permission giving the Tribal 

Commission or its designee the right to 

investigate the applicant's background, including 

his criminal record, civil and criminal - iudments - 

and credit history. 

(71 A disclosure of any civil judgments rendered 

against the applicant, which constitute a 

collection action for money owed by the applicant, 

including the case number, a description of the 

judgment and the name and address of the court 

involved. 

(8) Any other information which might bring illto 

question his fitness to serve as a primary 

management official or key employee of a llcensed 

gaming operation. 

9 Each application shall be accompanied by a 

sworn statement that the applicant will submit to 

the jurisdiction of the Tribe and the Tribal 

Court, if employed. 

(10) Each application shall be accompanied by a 

sworn statement that the applicant will abide by 
all applicable tribal and federal laws, 

regulations and policies. 

(11) Each application for a gaming employee 

license shall be accompanied by an application fee 

of $10.00. 

6.3 Review Procedure. 

(A) The Tribal Commission or its designee shall 

forward a copy of each application to a tribal or 

state law enforcement agency and arrange for that 

agency to verify in writing the accuracy of the 

applicant's criminal record. The Commission or its 

designee shall also contact each reference provided in 

the application and take other appropriate steps to 

verify the accuracy of the other information presented 

and prepare a report of their findings for the 

Commission. Once these two reviews are completed, the 

Commission shall review the findings and either grant 

or deny the license, if one is required by this 

Ordinance, or advise the Primary Management Offici-a1 

that the applicant's information has been reviewed and 

there exists no barrier to employment. The applicant 

shall be notified in writing of the Comrnissionfs 

decision. If Lhe 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 

Commissionfs 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 five (5) 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 Lo 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. 

1C) The Tribal Commission may waive the requirements 

contained in subsections 6.4(A) and 6.4(B) for those 
employees of a licensed operator when the Commission 

determines: 

(1) The position for which the employee is 

licensed requires carrying out employment 

responsibilities in more than one location on a 

regular basis; and 

(2 1 Providing authorization to carry out 

employment responsibilities in more than one 

location does not conflict with the Cornmissionls 

minimum internal control standards and does not 

compromise the integrity of the licensed gaming 

operations. 

6.5 Licensins Period. Any permanent employee gaming license issued pursuant to thls 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 petition to have his license renewed, by applying to 

the Tribal Commission for a renewal before his original 

license has expired and updating all information contained 

in the original application. 

6.7 Reauirement to Produce License Upon Reauest. 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 Sus~ension or Termination of Ehnployee 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 

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 

applicat.ion; 

(3) The employee has participated in gaming 

activity which was not authorized by any tribal 

gaming license; 

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Revised 7-3D-1D 
(4) The employee has attempted to bribe a tribal 

council member, Commissioner or other person in an 

attempt to 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 

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 ~ermination. Whenever 

it is brought to the attention of the Tribal 

Commission that a person 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 Temporarv Suspension of Bnwlovee 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. 

(5) The employee has refused to comply with any 

lawful order of the Tribal Commission, the 

Council, the Tribal Court or the National Indian 

Gaming Commission. 

(B) In the event the Tribal Commission determines that 

any employee meets any of the criteria stated in 

subsect ions 6.9 (A) (1) through 6.9 (A) (5) above or that 

his non-compliance with this Ordinance is a direct and 

immediate threat to the peace, safety, morals or 

health or welfare of the community, the Tribal 

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Revised 7-30-10 
Commission or its designee shall issue a notice of 

temporary suspension of his employee gaming license 

which shall be served upon the employee or any agent 

of the employee. The order shall state the grounds 

upon which it is issued and the employee's right to a 

hearing. The employee shall cease and desist operating 

in his management position or in his capacity as a key 

employee immediately upon receipt of the order, but 

s/he may file a notice of appeal with the Tribal 

Commission which shall hold a hearing on the order 

within 14 calendar days of its receipt of the appeal. 

At the hearing the employee shall have an opportunity 

to present testimony and cross-examine opposing 

witnesses, and to present any other evidence as to why 

a temporary suspension order or an injunction should 

not be issued. The hearing shall be governed in all 

respects in accordance with tribal law and Tribal 

Commission regulations. 

Section 7. Provisions of General Applicability to All Operators. 

7.1 Gamins License Remired. Each Class I1 or Class I11 

gaming activity within the jurisdiction of the Tribe shall 

be conducted only by an operator who possesses a current 

and valid tribal gaming license. 

7.2 Site and Operator Specified. Each tribal gaming 

license shall be applicable only to one gaming site and 

the operator named on such license. 

7.3 License Not ~ssisnable. No tribal gaming license 

shall be sold, lent, assigned or otherwise transferred. 

7.4 Elovee Licenses Remired. Each management and key 

employee of a licensed gaming operation shall possess 

a current and valid tribal gaming employee license. 

7.5 Elisible Licensees. A tribal gaming license shall be 

issued only to a person who qualifies therefor under the 

Ordinance, or to the Tribe or a tribal subdivision. 

7.6 Emwlovee Druq Tests. Any person employed in a 

Commission-licensed gaming enterprise may be randomly 

selected for testing for utilization of marijuana, 

cocaine, amphetamines, opiates and phencyclidine (PCP). 

Random drug testing of employees is a mandatory operating 

procedure for all operators. 

7.7 Requlations Posted or Available. Each operator shall 

have a copy of this Ordinance and regulations readily 

available for inspection by any person at each authorized 

gaming site. 

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Revised 7-30-10 
7.8 Minimum Ase to Plav. In any gaming facility which 

has a retail alcoholic beverage license, the minimum age 

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

gaming facility which does not have a retail alcoholic 

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

age. 

7.9 Minimum Aqe to Enter Facilitv. No person, other 

than a Class 111 enterprise employee, shall be permitted 

to: 

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

alcoholic beverage license and in which Class 111 

gaming is conducted, if under 21 years of age; 

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

have a retail alcoholic beverage license and in which 

Class I11 gaming is conducted, if under 19 years of 

age. 

7.10 Postins of Rules of Play. Each operator shall post in a conspicuous location near where any gaming activity 

is being played, or shall otherwise provide the public 

with an explanation of the rules of play of every specific 

game s/he operates. 

7.11 Equipment Rental Restrictions. Each operator of a 

gaming activity is prohibited from renting or lending 

gaming equipment to any person. 

7.i2 Restrictions on Gamins Apparatus Exchanse. Each 

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

other gaming equipment may be exchanged without prior 

approval. Any request for approval shall be made to the 

Tribal Commission at least 5 days prior to the exchange. 

7.13 Approval of Gamins Materials Required. Any 

operator who anticipates the printing, manufacture, or 

construction of any equipment for gaming activity shall 

first notify the Tribal Commission of hls intention and 

shall have the finished product approved by the Tribal 

Commission before it is placed in service. 

7.14 Requisite Sale and Redmnwtion Value. Gaming chips 

and other tokens of value shall only be sold and redeemed 

by the operator and only for full value. 

7.15 Record Maintenance Requirements. Each licensed 

yarning operation shall maintain and keep for not less than 

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

including inventory records of gaming supplies, sufficient 

to establish the gross and net income, deductions, 

expenses, receipts and disbursements of the enterprise. 

-35- Kevioed 7-30-10 
7.16 Liauor Sale Restrictions. There shall be no sale 

of liquor at any gaming site without the requisite license 

for such sale issued under the Tribe's liquor control 

ordinance. 

7.17 Form of Payment for Chance to Play. Consideration 

for the chance to play in any gaming activity shall only 

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

the time the game is played. No other form of 

consideration shall be allowed unless the Tribal 

Commission gives prior written approval. 

7.18 Documentation of Winninss and Losses for Tax 

Pumoses. Evidence of any win or loss incurred by a 

player may, upon request, be provided to such player. 

7.19 Taxes, Fees and Reports Timely Transmitted. Each 

operator shall pay all applicable taxes and fees, 

including those assessed by the National Indian Gaming 

Commission, and file all applicable reports on time. 

7.20 Response to Requlatorv Inquiries. Each operator 

shall respond immediately to and obey all inquiries, 

subpoenas or orders of the Tribal Commission, the Tribal 

Council, the Tribal Court, or the National Indian Gaming 

Commission. 

7.21 Display of Gamina 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 Facility 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 Inspection. Each operator shall make its 

premises and books and records available for inspection 

during normal business hours by the Tribal Commission or 

their designee, and by authorized representatives of the 

National Indian Gaming Commission. 

7.26 Gamins Occasion Restrictions. No gaming shall be 

conducted on special days of observance designated by the 

Tribal Council. 
7.27 Discrimination Prohibited. No operator may 

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

the conduct of any licensed gaming activity. Employment 

preference for tribal members and other Native Americans 

shall not constitute discrimination by the operator. 

7.28 Financial Record Review. Each operator shall keep 

accurate books and records of all moneys received and paid 

out and provide authorized representatives of the ~ationai 

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 Reportinq Requirement 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 mployee Misconduct. Each operator may immediately 

suspend without pay any employee who is charged with an 

offense described in subsection 10.2IBB) or any offense 

related Lo 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 

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Revised 7-30-10 
Ordinance. The tax levied by this section shall be a 

personal obliga~ion of the taxpayer. 

8.2 Sevarate 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 Siaature. 

(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 give the name and 

address of the person preparing the return, together 

with his signature and the name of his employer, if 

any. 

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

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

in which the gaming activity occurred. 

8.4 Annual Periodic Reconciliations. In the event that 

the annual financial report provided by each enterprise 

indicates that the amount of adjusted gross proceeds for 

the year differs from the total of the adjusted gross 

proceeds reported monthly under sec. 8.3, the enterprise 

shall file with the Commission a reconciliation return, 

which indicates the proper amount of the adjusted gross 

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

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

interest , compounded monthly, on the amount unreported or 

underreported, commencing with the month in which the 

report required by sec. 8.3 was due. 

8.5 Tax Revenue Distribution. All sums of money 

received and collected under this section shall be 

deposited by the Tribe to the credit of an Internal 

Service Fund to be used solely for the purpose of funding 

the operations of the Tribal Gaming Commission, in 

carrying out its responsibilities pursuant to this 

ordinance, the Indian Gaming Regulatory Act, and the 

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

58 Fed. Reg. 63262 (Nov. 29, 1993). 
8.6 Internal Service Fund. The Fund is used to account 

for the financing of goods and services provided by one 

department or agency to other departments or agencies of 

the governmental unit, or to other governmental units, on 

a cost reimbursement basis. 

8.7 Excess of Receipts over Exvenses. In the event that 

receipts exceed expenses, as determined by the annual 

audit, the Internal Service Fund will rebate such excess 

to enterprises proportionately. 

8.8 Annual Budget. The Tribal Gaming Commission will 

prepare and submit for approval by the Executive Council 

an annual budget. 

Section 9. Operation of Tribally-Owned or Tribally- Operated Games. 

9.1 Manasement bv a Primary Manasement Official. 

(A) The Tribal Council shall appoint one person who 

shall serve as Primary Management Official at each of 

its tribally- operated gaming establishments . The 

person appointed shall undergo a background check by 

the Tribal Commission and shall obtain an employee 

gaming license before commencing work. The Tribal 

Council shall be the direct supervisor of the Primary 

Management Official. 

(B) The Primary Management Official shall be 

responsible for managing and overseeing the day-to-day 

operations of the gaming operation. S/he shall have 

such authority as the Tribal Council may delegate. 

IC) The Primary Management Official shall present a 

written monthly report to the Tribal Commission and 

the Tribal Council which details the number of patrons 

served, the amount of income generated, the numbers of 

employees working at the establishment, a detailed 

description of any patron complaints and other 

problems experienced at the establishment, also a 

written statement of any changes in key employees or 

primary management officials and all bills which are 

30 days or more past due. 

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

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

won. 

(E) The Primary Management Official shall propose and 

the Tribal Commission shall approve a patron's 

complaint process. Each tribally-owned and 

tribally-managed gaming establishment shall post at 

least one sign in each gaming room informing patrons 

-39- 

Revised 7-30- 10 
that they may file any complaints that they have 

directly with the Tribal Commission, and advising them 

of the Tribal Commissionls address and phone number. 

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

establishment shall carry sufficient liability 

insurance to protect the public in the event of an 

accident. The Tribal Council shall determine the 

amount of liability insurance required for each gaming 

establishment. 

(GI Each tribally-owned or tribally-operated gaming 

establishment shall post the rules of play of each 

game in a cons~icuous place in the establishment, and 

shall make written copies of them available to any 

member of the general public upon request. 

(H) The Primary Management Official shall be 

personally responsible for seeing that gaming activity 

is managed in accordance with tribal and federal law 

and that such gaming activity complies with all IRS 

reporting requirements. 

9 -2 Use of Net Revenues of Tribally-Owned or Triballvmerated Gamins Enterprises. 

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

of the Tribe. Such net proceeds may only be expended 

by the Tribal Council by resolution and only for the 

following purposes: 

(1) To fund tribal government operations or 

programs. 

(2) To provide for the general welfare of the 

Tribe and its members. 

(3) To promote tribal economic development. 

donate to charitable organizations. 

(5) To help to fund operations of local government 

agencies. 

9.3 Audit Reauirements. 

(A) The Tribal Commission and the Primary Management 

Official of each tribally-owned or tribally-operated 

gaming establishment shall obtain an annual outside 

audit of such gaming establishment. A copy of such 

audit shall be provided to the Tribal Commission, the 

Tribal Council and the National Indian Gaming 

Commission. 

-40- 

Revised 7-30-10 
(B) Each contract for supplies, services (other than 

legal and accounting services) or concessions for a 

contract amount in excess of $25,000.00 annually shall 

be subject to an independent audir. A copy of such 

audit will be provided to the Tribal Commission, the 

Tribal Council and the National Indian Gaming 

Commission. 

9 .4 Manaqement Contracts . 

(A) Each management contract is subject to the prior 

approval of the National Indian Gaming Commission. 

(B) Each management contract shall be approved by the 

Council with the advice and comment of the Tribal 

Commission. Before giving final consideration Lo any 

proposed management contract, the Council shall direct 

the Tribal Commission to obtain the following 

information and submit it to the Council for review: 

(1) Background information on the proposed 

management contractor including its name, its 

address, the names and addresses of each person or 

entity having a direct financial interest or 

management responsibility for the proposed 

management contractor, and in the case of a 

corporation, the names and addresses of each 

member of its board of directors and all 

stockholders who hold directly or indirectly 10 

percent or more of its issued or outstanding 

stock. 

(2) A description of any previous experience Lhat 

each person listed in subsection 9.1 above has had 

with other gaming contracts with Indian tribes or 

with the gaming industry generally, including the 

name and address of any tribal government or 

licensing agency with which such person has had a 

contract relating to gaming. 

(3) A complete financial statement of each person 

listed in subsection 9.4(8) (1) above. 

(4) The Tribal Commission shall contact each of 

the tribal governments and licensing agencies in 

Subsection 9.4 (8) (2) above to determine the 

performance history of the proposed management 

contractor. 

(5) The Tribal Commission shall arrange to have 

each proposed management contractor investigated 

to learn of his personal attributes and to 

determine whether s/he has a prior cr,iminal record 

or any pending criminal charges. 

-41- 

Revioed 7-30-10 
(6) The Tribal Commission shall obtain an 

independent verification of the completed 

financial statements of each proposed management 

contractor. 

(7) The Commission shall undertake any additional 

steps it can to determine the character and 

reputation of each proposed management contractor. 

(8) If the Tribal Council, after reviewing the 

above described information still desires to enter 

into a management contract with the proposed 

management contractor, such management contract 

shall be placed in writing and submitted to legal 

counsel for review before the Council approves it. 

(C) Any management contract approved by the Council 

must contain at a minimum the following with respect 

to the gaming enterprise to which the contract is 

applicable : 

(1) A provision requiring a monthly financial 

accounting of the gaming enterprise's income and 

expenses, with an annual financial accounting to 

be prepared by an independent auditor who is 

acceptable to the Tribe. 

(2) A provision providing the Tribe absolute 

access to the daily operation of the gaming 

enterprise and to its books, and the Tribe's 

absolute right to verify the daily gross revenues 

of the gaming enterprise at any time. 

(3) A provision guaranteeing the Tribe a minimum 

guaranteed payment which shall always take 

precedence over the management contractor's right 

to recoup development and construction costs. 

(4) An agreed upon ceiling for the management 

contractor's development and construction costs. 

(5) A provision that the contract shall not exceed 

the term limit established by federal law. 

(6) A provision for termination of the contract 

and the grounds for termination. 

(D) If the Council is satisfied with the information 

it receives it shall submit its proposed contract 

along with all of the above described information to 

the Chairman of the National Indian Gaming Commission 

for approval. 

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Revised 7-30-10