JUN 1 3 1994 FILE COPY 

John F. Petoskey, Esq. 

Chief Executive Officer and Genera.1 Counsel 

Grand Traverse Band of Ottawa and Chippewa Indians 

2331 N.W. Bayshore Drive, Box 157A 

Suttons Bay, MI 49682 

Dear Mr. Petoskey: . 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted on May 20, 1987, and amended on 

May 17, 1994, by the Grand Traverse Band of Ottawa and Chippewa 

Indians (Band). This letter constitutes such approval under the 

Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian amin in^ 

Commission (NIGC), the chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, 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. 

With the Chairman's approval of the Band's gaming ordinance, the 

Band is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. S 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. § 556.5(b). 

Thank you fof submitting the ordinance of the drand Traverse Band 

of Ottawa and Chippewa Indians for review and approval. The NIGC 

staff and I look forward to working with you and the Band in 

implementing the IGRA. 

sincerely yours, WAS.- Ch irman 

107n tt CTOCTT LIVI r141~r ~r,n irr~s!r!hlr:-rnt.! nr ?On76 TFI ?0?.G72-7003 FAX 202.632-7066 ... . 
The Grand Traverse Band of 

Ottawa and Chippewa Indians 

Route 1. Box 135 Suttons Bay. Michigan 49682 616-271-3538 

GAMING CODE AMENDMENT 

[GTB Gaming Code, enacted October 1, 19931 

WHEREAS: The Grand Traverse Band of Ottawa and Chippewa Indians 

("GTBn) Tribal Council has enacted a Tribal Gaming Code 

dated October 1, 1993 for the comprehensive regulation of 

gaming on land owned and controlled by the GTB; and 

WHEREAS: Section 4.11 (A) of the GTB Gaming Code provides that the 

Tribal Council or their designees are the commissioners 

for the regulation of gaming; and 

WHEREAS: The Tribal Gaming Commission met with key gaming 

employees on May 13, 1994 to discuss various amendments 

to the GTB Gaming Code; and 

WHEREAS: At the May 13, 1994 meeting the Tribal Gaming Commission 

recommended to the Tribal Council to approve the various 

amendments to the GTB Gaming Code which would cure 

deficiencies to the GTB Gaming Code for Tribal gaming 

purposes. 

NOW THEREFORE BE IT RESOLVED that the following amendments to the 

GTB Gaming Code are hereby approved: 

A. Any and all references to a "Chief Executive Officer" shall be 

replaced with "gaming manager", and any and all references to 

"background check" shall be replaced with "background 

investigation". 

B. Section 1.1 (I) , Section 2.3 ("charitable gaming ticket") , and 

Section 2.33 (I1Raf le") shall be deleted. 

C. The subsection numbers of Section 2, Definitions, shall be 

deleted, and the definition of "en banc Tribal Commission" 

shall be added to Section 2 as follows: 

"en banc Tribal Commiasionu means the Grand Traverse Band of 

Ottawa and Chippewa Indians seven-member Gaming Commission 

described in Section 4 of this Code. 

D. Section 3.5 shall read as follows: 

Classes of Gaming. There are three classes of gaming 

authorized on Indian lands under this Code: 

E. Section 3.7 shall read as follows: 

Savings Clause. If any section of this Code is invalidated by 

GRAND TRAVERSE CHARLEVOIX LEELANAC; BENZIE .\/\ANISTEE \hTRl,\\ 
a court of competent jurisdiction, the section is only invalidated 

for purposes of the litigated instant case and the remaining 

sections shall not be affected thereby. 

F. Section 4.3 shall add an additional sentence after the first 

sentence to read "The Tribal Commission shall not be dissolved 

while any obligations or indebtedness of the Tribal Commission 

incurred under Sections 4.18(AA) and 13 remains unpaid or 

undischarged." 

G. Section 4.10 shall add an additional sentence after the first 

sentence to read "The property of the Tribal Commission is 

declared to be public property used for essential public and 

governmental purposes and such property and the Tribal 

Commission are exempt from all taxes and special assessments 

of the Tribe. Upon diseolution of the Tribal Commission, the 

title to all property owned by it shall vest in and become the 

property of the Tribe." 

H. Section 4.11 (A) shall add an additional sentence after the 

first sentence to read "Four Commissioners shall perform the 

duties determining the suitability of issuing gaming licenses 

as provided in Section 6 of this Code. Three Commissioners 

shall perform the duties as operator/regulator as provided in 

Section 4.15 of this Code." 

I. Section 4.11(B) shall add the following subsections after the 

first sentence to read: 

" (1) The four Commissioners designated to determine 

suitability of employees must pass a written test, 

compiled by a recognized testing authority, to determine 

their knowledge of the Indian Gaming Regulatory Act, 25 

C.F.R. 556 and 558, and this Gaming Code. The four 

Commissioners must demonstrate competency in the 

application of procedures and internal controls of the 

gaming facility. Such competency shall be demonstrated 

in accord with Section 4.11 (D) (1) and 4.11 (D) (2) herein. 

(2) The three Commissioners designated to determine 

operator and regulatory functions must pass a written 

test, compiled by a recognized testing authority, to 

determine their knowledge of the gaming industry and the 

application of financial analysis to balance sheets and 

income statements generated by the gaming entities and 

the application of internal controls to the movement of 

cash and cash equivalents in the gaming environment." 

J. Section 4.11(C) shall add the following subsections after 

subsection 4.11(C) (3) as follows: 

"(4) Each Commissioner must pass a TRW credit check and 
have a certifiable history of credit worthiness from the 

TRW for the last 10 years. 

(5) Each Commissioner must pass a drug test as provided 

in Section 14 of this Code." 

K. Section 4.11 (Dl shall add the following subsections after the 

first sentence to read: 

" (1) Each new Councilor/Commissioner will receive the 

equivalent of 40 hours of training within the first three 

months in office as a Commissioner. The training will 

consist of the application of this Code, applicable 

federal law, and financial analysis necessary to control 

and manage the gaming facility. 

(2) Each new Councilor/Commissioner will have six months 

from the date of their appointment to demonstrate their 

competence by successfully completing an open-book 

examination on the application of the Code to their 

positions. Failure to pass the exam within the 

designated time period shall be construed as an automatic 

resignation from the Commission. Thereafter, the 

Commission shall progressively and aggressively develop 

the gaming expertise necessary to perform their job 

functions. 

L. Section 4.15 shall add after the first sentence as follows: 

(A) The Tribal Commission shall consist of three 

distinct entities. 

(1,) The en banc Tribal Commission is the full seven 

Commissioners acting together. 

(2) The "regulatory Commissioners" consisting of 

four Commissioners. 

(3) The "operator CommissionersI1 consisting of 

three Commissioners. 

(B) The en banc Tribal Commission shall carry out all 

functions of the Tribal Commission not specifically delegated 

to the regulatory Commissioners or the operator Commissioners. 

(C) The four regulatory Commissioners shall carry out 

the licensing authority conferred upon them in Section 4.18 (Q) 

of this Code, in accordance with Section 6.3 of this Code. The 

same four Commissioners shall carry out the regulator 

functions conferred upon them in Section 4.18 (A) of this Code 

in accordance with this Section 4.15(C). 
(1) Regulator. The four Commissioners shall act as 

compliance regulators under the following guidelines. 

The en banc Tribal Commission shall issue further 

guidelines and clarifications to the gaming facilities' 

gaming managers consistent with the following sections. 

(a) Policy. The en banc Tribal Commission 

shall, consistent with Tribal Council policy as 

articulated in the Gaming Code, issue policy 

statements regarding the operation of gaming. 

(b) Position Description. The four 

Commissioners charged with regulatory functions 

shall issue position descriptions for every 

position designated in the gaming facility. Each 

position description shall be subject to background 

investigations, as directed by this Code and 25 

C.F.R. 556 and 558. In addition, each position 

within the gaming environment, whether or not a 

licensed position under this Code and 25 C.F.R. 556 

and 558 shall be subject to drug testing as stated 

in Section 14 of this Code. No position 

description shall be left undefined. 

(c) Procedures. Procedures shall consist of 

the interaction amongst various position 

descriptions carrying out the duties of the 

position in association with other position 

descriptions. The four Commissioners charged with 

regulator functions shall propose a system of 

procedures for all regulated gaming activities. 

(d) Internal Controls. The four 

Commissioners charged with regulatory functions 

shall propose a system of internal controls 

describing the position descriptions and procedures 

necessary to effect appropriate internal controls. 

The en banc Tribal Commission shall approve and 

publish the procedures. 

(e) Internal Auditor. The four Commissioners 

charged with regulatory functions shall employ a 

procedures auditor who shall have the 

responsibility of determining compliance auditing 

with the published internal controls procedures and 

position descriptions. The internal auditor shall 

be an employee of the en banc Tribal Commission 

reporting directly to the four Commissioners on a 

monthly basis in accord with an audit schedule 

covering position descriptions, procedures, and 

internal controls. Audit findings shall be 

addressed in the following month by the en banc 
Tribal Commission and the gaming manager. The 

gaming manager shall have 30 days to comply with 

audit findings . A consistent pattern of 

noncompliance in excess of 90 days shall be grounds 

for the en banc Tribal Commission revoking gaming 

licenses of the employees responsible for the 

noncompliance. 

(D) The operator Commissioners shall carry out the 

operator responsibility and authority conferred upon them in 

Section 4.18(D) of this Code in accordance with this Section 

4.15(D). 

(1) Operator. The three Commissioners shall act as 

compliance operators under the following guidelines. The 

en banc Tribal Commission shall issue further guidelines 

and clarifications to the gaming facilities' general 

managers consistent with the following sections. 

(a) Financial Ratios. Each year the 

Commission shall promulgate financial ratios for 

the operation of each regulated entity . Such 

rations shall be constructed from a spreadsheet 

review of existing annual reports published by 

publically held gaming enterprises and a review of 

the Nevada gaming abstract. Such ratios shall 

cover the following four points: 

Profitability Ratios 

Gross Profit Margin (or Gross Margin) = Profit/Sales. Gross profit 

margin measures the margin available to cover a company's operating 

expenses and yield a profit. 

Operating Margin = Operating Profit/Sales. Operating margin 

measures a company's profitability from its main source of 

business. 

Net Profit Margin (or Net Margin or Return on Sales) = NIAT (net 

income after tax)/Sales. Net profit margin measures how much a 

company earns for each dollar of sales. Thus if a company has a 

net profit margin of 3%' it earns three cents on every dollar of 

sales. 

Liquidity Ratios 

Current Ratio = Current Assets/Current Liabilities. The current 

ratio measures the extent to which the claims of the short-term 

creditors are covered by the company's current or short-term 

assets. 

Working Capital = Current Assets - Current Liabilities. Working 
capital measures the excess of current resources over the current 

obligations. The greater the working capital, the greater is the 

cushion to meet any unforeseen cash requirements. 

Quick Ratio = (Current Assets - Inventory)/Current Liabilities. 

The quick ratio measures the extent to which the claims of shortterm creditors are covered without the need for an inventory selloff. 

Inventory to Net Working Capital = Inventory/ (Current Assets - 

Current Liabilities). Inventory to net working capital measures 

the extent to which the company's working capital is tied up in 

inventory. 

Solvency Ratios 

Debt to Assets - Total Debt/Total Assets. Debt to assets measures 

the extent to which a company borrows money to finance its 

operations. 

Debt to Equity = Total Debt/Total Equity. Debt to equity measures 

the creditor's funds as a percentage of stockholders' funds. 

Long-Term Debt to Equity = Long-Term Debt/Total Equity. Long-term 

debt to equity measures the balance between a company's debt and 

its equity; a high financial leverage indicates a risk in meeting 

the principal and/or interest on the debt. 

Interest Coverage Ratio = Operating ~ncome/Interest Expense. The 

interest coverage ratio is calculated from the income statement. 

It measures the multiple by which the operating income exceeds the 

fixed interest expense which must be paid. The higher the ratio, 

the less chance of defaulting on the payment. 

Activity Ratio6 

Inventory Turnover = Cost of Sales/Average Inventory. Inventory 

turnover measures the number of times a company turns over all its 

inventory during a year. The higher the turnover, the shorter the 

time that a company must sit with idle inventory. 

Accounts Receivable Turnover = Sales/Average Accounts Receivable. 

Accounts receivable turnover measures the number of time a company 

turns over all its receivables during a year. The higher the 

turnover, the more quickly customers are paying their bills. 

(b) Operating Budgets. The three 

Commissioners shall promulgate an operating budget 

for each property. The budget shall be promulgated 

under the principles of profit planning and 

control. The budget preparation cycle shall begin 

at the beginning of the fourth quarter by each 
department head submitting a historical record of 

expenses for the previous three quarters 30 days 

after the fourth quarter begins. Each department 

head, for purposes of the budgetary cycle, shall be 

the following : food & beverage, cage, 

surveillance, security, table games, slots, 

personnel and management, and maintenance. The 

three Commissioners shall review the historical 

expenses in relation to the promulgated operating 

financial ratios, and submit a revised budget to 

the department heads within 30 days of receipt of 

the historical record of expenses from the 

department heads. The department heads and the 

three Commissioners shall then meet within 15 days 

to negotiate compromises on budgetary items. 

Thereafter the en banc Tribal Commission shall 

issue the operating budget within 15 days for the 

next fiscal year. 

(c) Capital Budget. The en banc Tribal 

Commission shall propose and the Tribal Council 

must ratify capital budget items for the next 

fiscal year. In the event that the Tribal Council 

fails to ratify the proposed capital budget, then 

the Tribal Commission shall meet with the Tribal 

Council to prepare a capital budget acceptable to 

the Tribal Council. A capital budget item is 

defined as an expenditure in excess of $50,000 that 

is listed as a capital expense on the balance sheet 

not subject to the operating cycle as an expense 

item. Capital budgets shall be subject to revision 

only with the consent of the Tribal Council in 

conformity with outstanding obligations of capital 

facilities debt under Section 13 of this Code. 

M. Section 4.17 shall read after the first sentence as follows: 

(A) For purposes of conflict of interest, a "personal 

conflict of interestn shall be a family relationship within 

the first degree of consanguinity. 

(B) For purposes of conflict on interest, a "business 

conflict of interestn shall be a business relationship that 

directly competes with the gaming facilities' markets. Direct 

competition shall be defined as a business relationship within 

a 200-mile diameter of the gaming facility. 

(C) For purposes of conflict of interest, a "legal 

conflict of interestn shall be a relationship recognized as a 

conflict by a panel shall be ad hoc and formed for the sole 

basis of addressing the alleged legal conflict of interest. 

The Commissioner who is alleged to be in a legal conflict of 
interest shall have the opportunity to appoint one person to 

the panel. The Tribal Commission shall appoint the other two 

panel members. 

(D) The charge of an alleged conflict of interest can 

only be raised by a Tribal member or an interested party with 

a direct financial interest in the resolution of the charge. 

General allegations by persons without a financial interest 

will not be reviewed. 

(E) If the Commissioner is found to be in a conflict of 

interest by the panel, then the Commissioner shall withdraw 

from the matter before the Tribal Commission, and the 

Commission shall pay all costs of the person bringing the 

charge. If the Commission is found not to be in a conflict of 

interest by the panel, then the person bringing the charge 

shall pay all costs of the Tribal Commission proceeding. 

To the extent permitted by law, a personal, business, or legal 

conflict of interest can be waived by majority vote of the Tribal 

Commission only after full, complete and continuing disclosure is 

made by the Commissioner in the alleged conflict of interest. 

N. Section 4.18 shall add subsection (C) as follows: 

(C) To issue subpoena ad testificandum and subpoena duces tecum. 

0. Section 4.18(2) and (AB) shall delete the words "personal 

property and assets" and replace with "property, assets and 

revenues." Section 4.18(AE) shall be deleted. 

P. Section 4.19 shall add after the first sentence as follows: 

The request of the en banc Tribal Commission shall be subject to 

the Tribal Appropriations Act. 

Q. Section 5.1 shall change the first sentence to read: 

This Code governs all persons engaged or employed in gaming within 

the jurisdiction of the Tribe. 

Section 5.1 shall change the second sentence to read: 

Any application for license pursuant to this Code; participation in 

any gaming activity within... 

R. Section 5.2 shall add the following sentence after the second 

sentence : 

The decision to grant, revoke or decline to renew shall be final 

and not subject to appeal. 
S. Section 5.11 shall add to the first sentence after the word It issuance" : 

or until further action of the en banc Tribal Commission to extend 

the license. 

T. Section 6.2 (GI (3) shall add the sentence after the last 

sentence : 

The Tribal Commission may revise the application fee. 

U. Section 6.2 (G) shall add the following subsection (4) : 

(4) All employees of a gaming facility shall be subject to a 

$20 .OO deposit on any uniforms issued to the employee. The deposit 

shall be returned upon the termination or resignation of the 

employee' s employment relationship and the employee' s return of the 

uniform in good condition. 

V. Section 6.3(A) shall revise the last sentence to read: 

If the four Commissioners charged with enforcing this section votes 

to deny the license, it shall include in such notice the specific 

reasons for its decision. 

W. Section 6.3(C) shall revise the first sentence to read: 

All applicants, background investigations and four Commissioners 

decisions shall be retained in the en banc Tribal Commission files 

for a period of at least 10 years. 

X. Section 6.5 shall add to the first sentence after the word 

wissuance" to read "or until such time as the en banc Gaming 

Commission changes the effective date". 

Y. Section 7.13 shall delete the word "anticipatesu and add the 

words "participates in" to the first sentence. 

Z. Section 7.16 shall be deleted. 

AA. Section 9.1(A) second sentence shall delete the words "Tribal 

Commission" and replace with the words "four Commissioners 

charged with the background investigation regulatory function" 

and add after the words "gaming licenseu the words "from the 

en banc Tribal Commissionn. 

AB. Section 9.1(A) third sentence shall be revised to read: 

The three Commissioners charged with the operation function under 

Section 4.15 (D) of this Code shall be the direct supervisor of the 

gaming manager. 
AC. Section 9.1(A) fourth sentence shall be revised to read: 

The en banc Tribal Commission shall retain the authority to suspend 

or dismiss the gaming manager for a violation of this gaming code. 

AD. Section 9.1(C) shall delete the words "Tribal Commissionu and 

replace with the words "three member operating Commissioners" 

AE. Section 9.1 (Dl and 9.1 (E) shall be deleted. 

AF. Section 9.4(B) shall delete the word "Tribe" and replace with 

the words "gaming facilities" and add to the end of the 

sentence the words ", as determined by the en banc Tribal 

Commission." 

AG. Section 9.5 shall be deleted. 

AH. Section 12.4 shall add to the first sentence after the words 

"deemed disqualified by the Tribal commission^ the words "four 

Commissioners charged with the responsibility of enforcing 

Section 6 of this Code" and delete the words "Tribal 

Commission". 

AI. The following Sections 13 and 14 shall be added to the Code: 

Section 13. Financing of Capital Improvements. 

13.1 Financing Authority. The en banc Tribal Commission 

shall carry out the financing authority conferred upon it in 

Section 4.18(AA) in accordance with this Section 13. 

13.2 Borrowing. Subject to the limitations set forth in 

this Section 13.2, the en banc Tribal Commission shall have the 

power to borrow money and incur indebtedness by issuing its 

obligations, in its own name or in the name of and on behalf of the 

Tribe, for purposes of acquiring, constructing, maintaining, 

managing and improving any capital facilities within Tribal lands 

and owned or to be owned by the Tribe or the en banc Tribal 

Commission. Such obligations shall be issued and sold in such 

manner and shall be in the amount and form and bear interest at the 

rat or rates set by the en banc Tribal Commission. Each such 

obligation must be approved by the Tribal Council prior to its 

issuance. 

(A) All such obligations shall be payable solely from 

revenues, income, receipts and profits derived by the en banc 

Tribal Commission from projects or facilities operated by it 

whether or not such projects were financed in whole or in part 

with the proceeds of such obligations; from the revenue of 

evidences of indebtedness issued and sold by the en banc 

Tribal Commission which are payable solely from any of such 

revenues, income, receipts and profits; or from federal or 
state grants or other money received by the Tribe and 

allocated to the en banc Tribal Commission by the Tribal 

Council. The en banc Tribal Commission may further secure 

such obligations with any assets of the en banc Tribal 

Commission as the Tribal Commission may specifically pledge to 

the payment of the obligations in accordance with Section 

4.18 (AA) . 

(B) The en banc Tribal Commission is without power to 

pledge or encumber any other revenues, income or assets of the 

Tribe, or any other organization or instrumentality of the 

Tribe, to the repayment of such obligations. The Tribal 

Council may, if it deems it to be in the best interests of the 

Tribe to do so, pledge to the payment of any such obligations 

such specific revenues, income or assets of the Tribe as it 

may deem appropriate. In any event, no such obligations shall 

be payable from, or be a charge upon, any funds other than the 

revenues specifically pledged to the payment thereof, nor 

shall the Tribe be liable thereon other than to the extent 

specifically provided in accordance with this subsection, and 

such limitation shall be expressly stated in each such 

obligation. 

(C) he en banc Tribal Commission, with the approval of 

the Tribal Council, may provide for the refunding of any 

obligation of the en banc Tribal Commission through the 

issuance of other obligations of the en banc Tribal 

Commission, entitled to rights and priorities similar in all 

respects to those held by the obligations that are refunded. 

(Dl In connection with the issuance of any such 

obligations, the en banc Tribal Commission is authorized to 

consent to be sued in accordance with, and subject to the 

limitations provided in, Section 4.8. As provided in Section 

4.7, the en banc Tribal Commission is without power to waive 

the sovereign immunity of the Tribe, to consent to the 

jurisdiction of any court over the Tribe, or to the levy of 

any judgment, lien or attachment upon any property or income 

of the en banc Tribal Commission, the Tribe or any other 

organization or instrumentality of the Tribe other than that 

specifically pledged or assigned. 

(E) No member of the en banc Tribal Commission, no 

member of the Tribal Council, and no officer, employee or 

agent of the en banc Tribal Commission or the Tribe, shall be 

personally liable for any of the obligations or indebtedness 

of the en banc Tribal Commission. 

Section 14. Drug and Alcohol Testing. The en banc Tribal 

Commission is conknitted to providing a work environment free from 

the effects of alcohol and illegal drugs. The Tribe is also 

committed to providing employees who abuse alcohol or use illegal 
drugs the opportunity for rehabilitation. Consistent with this 

philosophy, the en banc Tribal Commission shall implement 

comprehensive drug and alcohol testing for all applicants for 

employment and for all employees and Commissioners connected with 

the gaming enterprise. 

14.1. All applicants for employment in licensed positions 

shall be required to submit to a drug and alcohol test as a 

condition of obtaining a gaming license. All applicants for 

employment in nonlicensed positions shall be required to submit to 

a drug and alcohol test as a condition of employment. Testing 

shall be in accordance with the rules and regulations of the en 

banc Tribal Commission. 

14.2. Employees shall be required to submit to drug and 

alcohol testing in accordance with the rules and regulations of the 

en banc Tribal Commission. 

14.3 Refusal by an applicant for employment to submit to a 

drug and alcohol test shall be grounds for the denial of a gaming 

license and, in the case of a nonlicensed position, for the denial 

of employment. Refusal by an employee to submit to a drug and 

alcohol test shall be grounds for termination of employment. 

14.4 In the case of an applicant for employment, a positive 

test result shall be grounds for the denial of a gaming license 

and/or the denial of employment. In the case of an employee, a 

positive test result shall not result in termination of employment 

where such result, is the employee's first positive test result on 

a drug or alcohol test required by the en banc Tribal Commission, 

unless : 

(A) the en banc Tribal Commission has given the employee 

the opportunity to participate, at the employee's own expense, 

in a drug or alcohol counseling or rehabilitation program 

whichever is more appropriate; and 

(B) the employee has either refused to participate in 

the counseling or rehabilitation program or has failed to 

complete the program successfully. 

14.5 The en banc Tribal Commission shall develop procedures 

and forms consistent with this Code. 

AJ. Section 4.25 shall be deleted and replaced to read as follows: 

4.25 Revenues and Accounts. 

(A) The Tribal Commission shall collect all gross proceeds 

from all tribally-owned and operated gaming activities and shall 

pay all prizes, all operating and maintenance expenses and all 

other fees, charges and deductions appropriate under general 
accepted accounting principles (including necessary or appropriate 

reserves). The Tribal Commission shall deposit all revenues of the 

gaming activities in separate funds and accounts under the control 

of the Tribal Commission. 

(B) In each month, from the net revenues of the triballyowned and operated gaming activities, the Tribal Commission shall: 

first, set aside funds sufficient, with any other amounts then 

available and properly appropriated for the purpose, to pay or 

provide for all amounts payable, or required to be set aside, in 

that month with respect to obligations incurred by the Tribal 

Commission under Sections 4.18(AB) and 13, including the funding of 

any necessary reserves; 

second, set aside amounts sufficient to fund any capital 

accounts or capital reserves in accordance with the annual capital 

budget approved under Section 4.15 (A) (3 1 ; and 

third, transfer all remaining net revenues to such tribal 

funds or account, under the control of the Tribal Council, as the 

Tribal Council shall designate from time to time. 

AK. The addition of the words "en baneu to the words "Tribal 

Commission" where appropriate in the Gaming Code. 

APPROVED : ADOPTED : 

Rhonda Sands, Secretary 

~GTB Tribal Council GTB Tribal Council 

CERTIFICATION 

As secretary of the Tribal Council of the Grand Traverse Band of Ottawa 

and Chippewa Indians, I hereby certify that the above amendment to the GTB 

Gaming Code was approved and adopted at a regular session of the Tribal 

Council held on May 17, 1994, hawbestown, Michigan by a vote of _&FOR, 

&AGAINST, &ABSTAINING, and in - &?ABSENT. 

ATTEST : 6&?42+s& 

Rhonda Sands, Secretary 
TABLE OF CONTENTS 

Section 1 . 1.1 

1.2 

1.3 

Section 2 . 

Section 3 . 3.1 

Section 4 . 4.1 

4.2 

4.3 

4.4 

4.5 

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

Findings ................... 1 

Purposes ................... 2 

Grand Traverse Band Tribal Policy of SelfGovernment .................. 2 

Tribal Gaming Policy ............. 2 

Definitions .................. 2 

General Provisions .............. 7 

Authority and Sovereign Powers and 

Responsibilities .............. 7 

Application of Federal Policy ........ 7 

Grand Traverse Band Tribal Policy of SelfGovernment .................. 8 

Title. Repeal of Prior Laws. and Effect of 

Repeal .................... 8 

Classes of Gaming ............... 8 

Construction ................. 9 

SavingsClause ................ 9 

Tribal Gaming Commission ......... 9 

Establishment ................. 9 

Location and Place of Business . 9 

Duration ................... 9 

Attributes .................. 9 

Recognition as a Political Subdivision of the 

Tribe .................... 10 

Sovereign Immunity of the Tribal Commission . . 10 

Sovereign Immunity of the Tribe . 10 

Waiver of Sovereign Immunity of the Tribal 

Commission .................. 10 

Credit of the Tribe or Tribal Commission . 11 

Assets of the Tribal Commission ... 11 

Membership .................. 11 

Number of Commissioners ............ 11 

Qualification of Commissioners ........ 11 

Background Investigation ....... 12 

Date of Appointment .............. 12 

Term of Office ................ 12 

Ex.OfficioMembers ............. 13 

Meetings ................... 13 

Regular Meetings ............... 13 

Special Meetings ............... 13 

Compensation of Commissioners ........ 13 

Quorum .................... 13 

Voting .................... 13 

Organization ................. 13 

Regulator ................... 14 

Policy ................... 14 
Section 5 . 5.1 

5.2 

5.3 

Position Description ............. 14 

Procedures .................. 14 

Internal Controls ............... 14 

Internal Auditor ............... 14 

Operator ................... 15 

Financial Ratios ............... 15 

Profitability Ratios ........ 15 

LiquidityRatios ... 15 

Solvency Ratios ........ 15 

Activity Ratios ......... 16 

Operating Budgets ............... 16 

Capital Budget ................ 16 

Removal of Members or Vacancies .. 16 

Removal .................... 16 

Vacancies ................... 17 

Conflict of Interest ............. 17 

Authority of Tribal Commission . 18 

AnnualBudget ................. 22 

Tribal Commission Regulations ........ 22 

Right of Entrance; Monthly Inspection . 22 

Investigations ................ 23 

Hearings; Examiner .............. 23 

Appointment of Examiner; Power of Examiner . . 23 

RevenuesandAccounts ............. 23 

Quarterly Report of Tribal Gaming Manager 

Reports .................... 24 

Gaming Licenses ................ 24 

~pplicability ................. 24 

License Required ............... 24 

Types of Licenses ............... 24 

Tribally-Owned or Tribally-Operated Class 

I1 ...................... 24 

Tribally-Owned or Tribally-Operated Class 

I11 ...................... 24 

No License Requirement for Class I Gaming . 24 

Application Procedures ............ 24 

Application for Gaming License . 24 

Tribally-Owned and Tribally-Operated Class 

I1 ...................... 25 

Tribally-Owned and Tribally-Operated Class 

I11 ...................... 25 

Criteria Which a Potential Gaming Operator 

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

LicenseApplicationFees ........... 26 

License Tax .................. 27 

Form of Gaming License ............ 27 

Scope of gaming License ............ 27 

Terms of License ............... 27 

Posting of Licenses .............. 27 

GamingLicenseRenewals ............ 27 

Annual Reports ................ 27 
Procedure to Remedy Gaming License 

Violation ................... 29 

Section 6 . 6.1 

Section 7 . 

Section 8 . 8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

8.8 

8.9 

Section 9 . 

Section 10 . 

Section 11 . 

Gapling Employee Licenses ........... 29 

Current and Valid Gaming Employee License 

Required ................... 29 

Application for Gaming Employee License . 29 

Review Procedure for Gaming Employee License 

Application .................. 32 

ScopeofGamingEmployeeLicense ....... 32 

LicensingPeriod ............... 33 

Renewals ................... 33 

Requirement to Produce License Upon Request . . 33 

Permanent License Revocation of Employee 

GamingLicense ................ 33 

Grounds for Permanent Revocation . 33 

procedure for Permanent Revocation . 34 

Temporary Suspension of Employee Gaming 

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

Grounds for Temporary Suspension . 34 

Procedure for Temporary Suspension . 35 

Provisions of General Applicability to All 

GamingOperators ............... 35 

Enforcement .................. 37 

Jurisdiction ............... 37 

ProhibitedActs ........... 37 

Criminalviolation .............. 40 

Civilviolation ................ 40 

CumulativeFines ............... 40 

Purpose of Civil Penalties ......... 40 

Civil Action for Penalties ......... 40 

Seizure and Forfeiture of Property . 40 

Notice to en banc Tribal Commission . 40 

Operation of Tribally-Owned or TriballyOperatedGames ................ 40 

Management by a Gaming Manager ........ 40 

Use of Net Revenue of Tribally-Owned or 

Tribally-Operated Gaming Activities . 41 

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

Additional Requirements for Operation of 

Tribally-Owned or Tribally-Operated Games . 41 

Electronic Devices or Service Provider 

Licenses ................... 43 

Applicability ................. 43 

Licenses Required ............... 43 

Types of Licenses ............... 43 
Section 12 . 

Section 13 . 13.1 

13.2 

Section 14 . 

Application Procedures ............ Application For a Vendor License. Service 

License. or Vendor/Service License ...... Criteria Which A Potential Gaming Operator 

Must Meet ................... License Application Fee ............ Form of License ................ Scope of License ............... Term of License ................ License Renewal ................ AnnualReports ................ Procedure to Remedy License Violations .... Application to GTB/EDA Employees ....... 

Procedure for a Certificate of Rehabilitation 

for the Limited Purpose of Obtaining a GTB 

GamingLicense ................ Applicability ................. GTBGarningLicense .............. Certificate of Rehabilitation ......... Standards for Issuing a Certificate of 

Rehabilitation ................ 

Financing of Capital Improvements ....... Financing Authority .............. Borrowing ................... 

Drug and Alcohol Testing ........... 
GAMING CODE 

OF THE 

GRAND TRAVERSE BAND OF OTTAWA AND CHIPPEWA INDIANS 

October 1, 1993 

A law to authorize, license and regulate certain forms of gaming, within 

the jurisdiction of the Grand Traverse Band of Ottawa and Chippewa Indians. 

Section 1. Findings, Intent and Policy. 

1.1 Findings. The Grand Traverse Band Tribal Council on behalf of 

the Grand Traverse Band of Ottawa and Chippewa Indians finds that: 

(A) Tribal regulation and control of gaming activity within the 

jurisdiction of the Grand Traverse Band is essential for the protection 

of public health and welfare, and the interests of the Tribe and the 

residents and visitors to the tribal community. 

(B) The Tribe has the legal authority to license and regulate any 

gaming activity within the jurisdiction of the Grand Traverse Band that 

is not specifically prohibited by federal law. 

(C) Properly licensed and regulated gaming activity conforms with 

announced federal policy promoting Indian self-government and Indian 

tribal economic self-sufficiency. 

(D) It is essential that the Tribe, through its Tribal Council, 

regulate gaming in a manner commensurate with applicable federal and 

tribal law and policy. 

(E) The present needs of the Tribe include increased employment, 

job and skills training, housing, quality health care, nutrition, 

educational opportunities, social services, and community and economic 

development needs which are not adequately addressed by present tribal, 

federal and state programs. 

(F) Tribal operation and licensing of gaming activities on the 

Reservation is an appropriate means of generating revenue to address the 

needs of the Tribe. 

(G) The Tribe is vigorously pursuing its goal of self-sufficiency 

and self-determination through the development of tribal businesses and 

enterprises. Because the Grand Traverse Band lacks income-generating 

natural resources and because the Tribe's tax base is almost nonexistent, the Tribe must rely on tribal business development to raise 

the funds necessary to expand its social, health and education programs, 

increase employment and improve its on-reservation economy. This effort 

has recently become increasingly important as a result of cutbacks in 

federal and state funding and the increased costs of self-government. 

It is, therefore, essential that the Tribe develop new and expanded 

sources of revenue to support its ever-increasing governmental needs and 

to provide much needed employment and training for tribal members. 

(HI As a result, the adoption of the following new and expanded 

gaming laws is in the best interest of the Grand Traverse Band of Ottawa 

and Chippewa Indians. 

GTB GAMING CODE 
1.2 Purposes. The purposes of this Code are to: 

(A) Regulate, control, and license the operation of all gaming 

within the jurisdiction of the Tribe. 

(B) Make c1,ear and explicit that a tribal license to operate a 

gaming activity is a revocable privilege, not a right or property 

interest. 

(C) Ensure that the operation of tribally-regulated gaming will 

continue as a means of generating tribal revenue. 

(D) Ensure that tribally-regulated gaming is conducted fairly and 

honestly by both gaming operators and players, and that it remain free 

from corrupt, incompetent, unconscionable and dishonest persons and 

practices. 

(E) Promote and strengthen tribal economic development and selfdetermination and to enhance employment opportunities for its members. 

(F) Generate revenue to strengthen and improve tribal selfgovernment and the provision of tribal governmental services. 

(G) Ensure that all gaming revenue is used for the benefit of the 

Tribe and the Reservation community. 

(H) Ensure that tribal gaming laws are strictly and fairly 

enforced against all persons involved in gaming activities within the 

jurisdiction of the Tribe. 

(I) Ensure that the Tribe provide a fair and impartial forum for 

the resolution of gaming disputes. 

1.3 Grand Traverse Band Tribal Policy of Self-Government. The 

Tribe is firmly committed to the principle of tribal self-government. 

Consistent with federal policy, tribal government provides a wide range of 

public services on the Reservation, including general governmental services, 

maintenance of peace and good order, establishment of educational programs, 

and promotion and regulation of economic activities within the sovereign 

jurisdiction of the Tribe. 

1.4 Tribal Gaming Policy. The establishment, promotion and 

operation of gaming is necessary and desirable, provided that such gaming is 

regulated and controlled by the Tribe pursuant to tribal and federal law and 

any Tribal-State compact entered pursuant to the Indian Gaming Regulatory Act 

[25 U.S.C. 2701 et. seq., and federal regulations promulgated under the 

authority of the Act. 25 C.F.R. 501 et. al.], and that all revenue of such 

gaming are used for the benefit of the Tribe as required by the Indian Gaming 

Regulatory Act and tribal law. When operated in accordance with the 

provisions of this Code, such gaming will be conducive to the general welfare 

of all residents of the Reservation and service area of the Tribe. 

Section 2. Definitions. 

In this Code, except where otherwise specifically provided or the 

context otherwise requires, the following terms and expressions shall have 

the following meanings. 

GTB GAMING CODE 
I1Adjusted gross revenuew means gross revenue less all cash prizes or the 

aggregate price of merchandise prizes, except in the case of the games of 

draw poker and stud poker. Regarding games of draw poker and stud poker, 

"adjusted gross revenue" means the time buy-ins or tournament fees collected 

by the gaming operator. 

"BingoH means the game of chance commonly known as bingo (whether or not 

electronic, computer, or other technologic aids are used in connection 

therewith) which is played for prizes, including monetary prizes, with cards 

bearing numbers or other designations, in which the holder of each card 

covers such numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically determined, and in which the game is 

won by the first person covering a previously designated arrangement of 

numbers or designations on such cards, including (if played in the same 

location) pull-tabs, lotto, punch boards, tip-jars, instant bingo and other 

games similar to bingo. 

I1Cheatinglf means operating or playing in any game in a manner in 

violation of the written or commonly understood rules of the game, with the 

intent to create for himself or someone in privity with him an advantage over 

and above the chance of the game. 

"Codenf means this Code, the Grand Traverse Band Gaming Code, as now or 

hereafter amended. 

llCompactn means a gaming compact between the Tribe and the State of 

Michigan as authorized by the Indian Gaming Regulatory Act (IGRA), or by 

state or tribal law. 

MCompensationll means all wages, salaries, bonuses, and all other forms 

of enumeration for services rendered. 

"Councilu8 or "Tribal Co~ncil~~ means the governing body of the Grand 

Traverse Band of Ottawa and Chippewa Indians. 

18Educational, charitable, patriotic, veterans, fraternal, religious, 

civic, or public-spirited usesu are: 

(A) Uses benefiting an indefinite number of people by bringing 

them under the influence of educational or cultural programs. 

(B) Uses otherwise lessening the burden of tribal government. 

(C) Uses benefiting one or more persons suffering from a seriously 

disabling disease or injury causing severe loss of income or incurring 

extraordinary medical expense that is uncompensated by insurance. 

(D) Uses for community service projects that promote the common 

good, enhance the social and economic welfare of the community, and 

benefit an indefinite number of people. 

"Eligible organizationt1 means any nonprofit organization operated for 

educational, charitable, patriotic, veterans, fraternal, religious, civic, or 

public-spirited uses, or for the relief of poverty, distress, or other 

condition with the Grand Traverse Band Reservation or six county service area 

of Grand Traverse, Charlevoix, Leelanau, Benzie, Manistee, and Antrim 

Counties. 

GTB GAMING CODE 
"en banc Tribal C~mmission~~ means the Grand Traverse Band of Ottawa and 

Chippewa Indians seven-member Gaming Commission described in Section 4 of 

this Code. 

I1Equipment for games of chanceu. See "Gaming Apparatus." 

"Game or games of chance" mean any activity which falls within the broad 

definition of gaming or gaming activity. 

"Gaming employeen means any natural person employed in the operation or 

management of each gaming activity or operation, whether employed by or 

contracted to the Tribe or by any person or enterprise providing on or offsite services to the Tribe within or without the gaming facility regarding 

any gaming activity or operation, including, but not limited to, gaming 

managers and assistant mangers; accounting personnel; surveillance personnel; 

security officers; cashier supervisors; dealers or croupiers; box men; 

floormen; pit bosses; shift bosses; cage personnel; collection personnel; 

gaming consultants; management companies and their principals; and any other 

natural person whose employment duties require or authorize access to 

restricted areas of each gaming activity or operation not otherwise opened to 

the public. 

"Gamingw or "gaming activityt1 means any activity, operation or game in 

which valuable consideration is wagered upon the outcome determined in whole 

or in part by chance, skill, speed, strength or endurance or any combination 

of strength or endurance, and in which something of value is awarded to a 

person or persons so wagering, and any activity in furtherance thereof, 

including owning, financing, managing, participating in, conducting or 

assisting in any way in any such activity at the site at which it is being 

conducted, directly or indirectly, whether at the site in person or off the 

Reservation. 

I8Gaming apparatus or gaming equipmentb1 means any device, machine, 

paraphernalia, or equipment that is used or usable in the playing phases of 

any gaming activity, whether or not specifically designed for the purpose, 

but excluding tables and chairs normally used in the occupancy of any gaming 

facility. 

I1Gaming facilityl1 means any location or structure, stationary or 

movable, wherein gaming is permitted, promoted, performed, conducted, or 

operated. Gaming facility does not include the site of a fair, carnival, 

exposition, or similar occasion. 

InGa.ming Operatorm1 means a person who has obtained a gaming license under 

this Code or who is otherwise permitted by this Code to perform, promote, 

conduct, or operate any gaming activity on tribal lands. 

"Gross revenuen8 means any money collected or received from any gaming 

activity. 

"Indian Gaming Regulatory Actt1 or nIGRA1l means Public Law 100-497, 102 

Stat. 2426, 25 U.S.C. Subsection 2701 et sea. (19881, as amended. 

'IImmediate familyn means, with respect to the person under 

consideration, a husband, wife, father, mother, son, daughter, brother, 

sister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brotherin-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, 

stepbrother, stepsister, half brother or half sister. 

GTB GAMING CODE 
"IRSM means the United States Internal Revenue Service. 

"Key employeen1 means : 

(A) Any person involved in gaming under this Code and who comes 

within one or more of the following descriptions: 

(1) 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; 

( 8 ) Croupier; 

(9) Approver of credit; 

(10) Custodian of gambling devices including persons with 

access to cash and accounting records within such devices; or 

(11) Employee or any other person with access to finance or 

accounting offices; 

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

compensation derived from gaming subject to this Code is in excess of 

$50,000 per year; or, 

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

persons in any gaming activity subject to this Code; or 

(D) Any employee whom the Tribal Commission may by written notice 

classify as a key employee. 

llLicensell means any official, legal, and revocable permission granted by 

the Tribal Commission pursuant to this Code to an applicant to conduct any 

gaming activity on tribal lands. 

"Lotton1 means a form of gaming in which all or a part of the revenue 

derived from the sale of tickets or chances are pooled and such revenue are 

allotted by chance to one or more chance takers or ticket purchasers. The 

amount of cash prizes or winnings are determined by the gaming operator 

conducting the "lottery" and a progressive pool is permitted. Tele-lottery 

means that the drawing is televised for use in a cable television broadcast. 

"Net revenue" means adjusted gross revenue less expenses, fees, charges, 

and any other deductions as are specifically authorized under this Law. 

"Participate" in any gaming activity means to operate, direct, finance 

or in any way assist in the establishment of or operation of any class of 

gaming or any site at which such gaming is being conducted, directly or 

GTB GAMING CODE 5 
indirectly, whether at the site in person or off the Reservation. 

"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, director, 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. 

IfPlayerM means a person participating in any game, but does not include 

a gaming operator. 

l1Primary Management Official1I means: 

(A) The person having management responsibility for a management 

contract approved by the National Indian Gaming Commission; or 

(B) Any person who has authority: 

(1) to hire and fire gaming employees, or 

(2) to set up working policy for a gaming enterprise; or 

(C) The chief financial officer or other person who has financial 

management responsibility for a gaming activity. 

"PrincipalIf means with respect to any management contractor: (i) each 

of its officers and directors; (ii) each of its principal management 

employees, including any gaming manager, chief financial officer, chief 

operating officer, or general manager; (iii) each of its owners or partners, 

if it is an unincorporated business; (iv) each of its shareholders who owns 

more than ten percent of the shares of the corporation, if a corporation; and 

(v) each person other than a banking institution who has provided financing 

for the enterprise constituting more than ten percent of the total financing 

of the enterprise. 

IfProgressive gamingff 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 gaming operator or eligible organization, and offered as a 

prize to players in the next game. 

IfPull- tabs, punch boards and tip jars" means any disposable card, board, 

ticket or display which accords the player an opportunity to win something of 

value by opening, pulling, detaching, or otherwise removing or uncovering 

tabs or covers from the card, board, ticket or display to reveal a set of 

numbers, letters, symbols, configurations, or combinations thereof which have 

been previously specified as a winning combination. 

"Reservationf1 means all lands lying within the exterior boundaries of 

the townships set aside for the Grand Traverse Band of Ottawa and Chippewa 

Indians under the Treaty of Detroit July 31, 1855, Article I, clause fifth, 

11 Stat. 691, and other lands added thereto by Executive Order, Act of 

Congress, or otherwise under federal law. 

GTB GAMING CODE 
ltState1l means the State of Michigan. 

'#Tribal C~mmission~~ means the Grand Traverse Band of Ottawa and Chippewa 

Indians Gaming Commission described in Section 4 of this Code. 

"Tribal landsu1 means : 

(A) all lands within the limits of the Grand Traverse Band 

Reservation, not withstanding the issuance of any patent and including 

rights-of-way running through such lands; and 

(B) all lands title to which is either held in trust by the United 

States for the benefit of the Tribe or individual member of the Tribe or 

held by the Tribe or individual member of the Tribe subject to 

restriction by the United States against alienation in over which the 

Tribe possesses governmental powers; and 

(C) all lands within the State of Michigan which may be acquired 

by the Tribe and which meet the requirements of Section 20 of the IGRA, 

25 U.S.C. Section 2719. 

"Tribe" means and l1TribalN refers to the Grand Traverse Band of Ottawa 

and Chippewa Indians, a federally-recognized Indian tribe acting through the 

duly elected Tribal Council pursuant to the tribal constitution and bylaws. 

wTwenty-onell, also known as "blackjacku, means a card game played by a 

maximum of seven players and one dealer where each player plays his hand 

against the dealer's hand, with the object of obtaining a higher total card 

value 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 eleven, at the player's option. 

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

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

I1Wagerl1 means the bet made or consideration or value given by a player 

in any game. 

Section 3. General Provisions. 

3.1 Authority and Sovereign Powers and Responsibilities. This 

Code is enacted pursuant to the inherent sovereign powers of the Tribe and 

the powers expressly delegated to the Tribal Council by Article IV of the 

Tribal Constitution. The Tribe shall have the sole proprietary interest in 

and responsibility for the conduct of any gaming operation. 

3.2 Application of Federal Policy. In 1970 President Nixon 

announced the policy of the United States government to promote selfdetermination for Indian tribes. At the heart of this policy is a commitment 

by the federal government to foster and encourage tribal self-government, 

economic development and self-sufficiency. That commitment was signed into 

law in 1975 as the Indian Self-Determination and Education Assistance Act, 

Public Law 93-638, 88 Stat.2203, 25 U.S.C. Subsection 450-45011. In 1983, 

President Reagan reaffirmed that commitment in his Indian policy statement, 

encouraged tribes to reduce their dependence on federal funds by generating 

more of their own revenues, and pledged to assist tribes in that endeavor. 

GTB GAMING CODE 7 
The policy of self-governance has continued with amendments to P.L. 93-638 

enacted as the Tribal Self-Governance Demonstration Project, P.L. 100-472 

(1988) . 

In 1988 the federal commitment to promote tribal economic development, 

tribal self-sufficiency, and strong tribal government was expressly 

legislated in the Indian Gaming Regulatory Act ("IGRA"), Public Law 100-497, 

102 Stat. 2426, 25 U.S.C. Subsection 2701, et seq. (1988), which recognized 

the inherent sovereign right of tribes to operate and their exclusive right 

to regulate on Indian lands gaming which is not specifically prohibited by 

federal law and is conducted within a state which does not, as a matter of 

criminal law and public policy, prohibit such gaming, and provided a federal 

statutory basis for operation and regulation of Indian gaming. 

The federal commitment was furthered in 1988 by passage of the Indian 

Gaming Regulatory Act ("IGRA"), Public Law 100-497, 102 Stat. 2426, 25 U.S.C. 

Subsection 2701, et seq. (1988) , through which the federal government 

recognized the inherent sovereign right of tribes to conduct and regulate 

gaming on their reservations and preempted state authority in the area of 

Indian gaming. 

3.3 Grand Traverse Band Tribal Policy of Self-Government. The 

Tribe is firmly committed to the principle of tribal self-government. 

Consistent with federal policy, tribal government provides a wide range of 

public services on the Reservation, including general governmental services, 

the maintenance of peace and good order, the establishment of educational 

programs, and the promotion and regulation of economic activities within the 

sovereign jurisdiction of the Tribe. 

3.4 Title, Repeal of Prior Laws, and Effect of Repeal. This Code 

may be cited as the Grand Traverse Band Gaming Code. The Code shall be 

appropriately inserted in the Grand Traverse Band Tribal Code. 

All ordinances of the Tribe and all titles, chapters, and sections of 

the Tribal Code that pertain to gaming, and are in effect as of the effective 

date of this Code, are hereby repealed, and all other tribal laws or parts 

thereof, inconsistent with the provisions of this Code are hereby repealed. 

Repeal of this Code or any portion thereof shall not have the effect of 

reviving any prior tribal law theretofore repealed or suspended. 

3.5 Classes of Gaming. There are three classes of gaming 

authorized on Indian lands under this Code: 

(A) "Class I Gaming" means social gaming solely for prizes of 

minimal value or traditional forms of Indian gaming engaged in by 

individuals as a part of, or in connection with tribal ceremonies or 

celebration. 

(B) "Class I1 Gaming" means 

(1) The game of chance commonly known as bingo (whether or 

not electronic, computer, or other technologic aids are used in 

connection therewith), which is played for prizes, including 

monetary prizes, with cards bearing numbers or other designations, 

in which the holder of the card covers such numbers or designations 

when objects, similarly numbered or designated, are drawn or 

electronically determined, and in which the game is won by the 

GTB GAMING CODE 8 
first person covering a previously designated arrangement of 

numbers or designations on such cards, including (if played at the 

same location) pull-tabs, lotto, punch boards, tip jars, instant 

bingo and other games similar to bingo; 

(2) All card games operated by the Tribe prior to May 1, 

1988; and 

(3) All other card games explicitly authorized or not 

explicitly prohibited by the laws of the State and which are played 

at any location in the State, if played in conformity with State 

laws and regulations regarding hours or periods of operation of 

such card games or limitations on wagers or pot size in such card 

games. 

(C) I1Class I11 Gaming" means all forms of gaming that are not 

Class I or Class I1 gaming. 

3.6 Construction. In construing the provisions of this Code, unless 

the context otherwise requires, the following rules shall apply: 

(A) This Code 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. 

3.7 Savings Clause. If any section of this Code is invalidated by 

a court of competent jurisdiction, the section is only invalidated for 

purposes of the litigated instant case and the remaining sections shall not 

be affected thereby. 

Section 4. Tribal Gaming Commission. 

4.1 Establishment. The Tribe hereby charters, creates and 

establishes the Grand Traverse Band Gaming Commission as a governmental 

subdivision of the Tribe. 

4.2 Location and Place of Business. The Tribal Commission shall 

be a resident of and maintain its headquarters, principal place of business 

and offices on the Grand Traverse Band Reservation. 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 Tribe 

pursuant to Tribal law. The Tribal Commission shall not be dissolved while 

any obligations or indebtedness of the Tribal Commission incurred under 

Sections 4.18(AA) and 13 remains unpaid or undischarged. 

4.4 Attributes. As a governmental subdivision of the Tribe, the 

GTB GAMING CODE 9 
Tribal Commission has been delegated the right to exercise one or more of the 

substantial governmental functions of the Tribe, including regulation of 

tribal gaming pursuant to the IGRA and tribal law. It is the purpose and 

intent of the Tribe in creating the Tribal Commission 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 Code, the Tribal 

Commission shall function as an arm of the Tribe. Notwithstanding any 

authority delegated to the Tribal Commission under this Code, 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 Recognition 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 Grand Traverse Band of Ottawa and Chippewa 

Indians. 

4.6 Sovereign Imunity of the Tribal Commission. The Tribal 

Commission is hereby clothed with all the privileges and immunities of the 

Tribe, except as specifically limited by this Title or other tribal law, 

including sovereign immunity from suit in any state, federal or tribal court. 

Except as provided in this section, nothing in this Title nor any action of 

the Tribe or the Tribal Commission shall be deemed or construed to be a 

waiver of sovereign immunity from suit of the Tribal Commission, or to be a 

consent of the Tribe or the Tribal Commission to the jurisdiction of the 

United States or of any state or any other tribe with regard to the business 

or affairs of the Tribe or the Tribal Commission 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 the Tribal Commission, or to be a consent of the 

Tribe or the Tribal Commission to suit in respect to any Indian land, or to 

be a consent of the Tribe or the Tribal Commission to the alienation, 

attachment or encumbrance of any such land. 

4.7 Sovereign 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. Except as provided in section 4.8 below, nothing in this Code 

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 of 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 in respect to any Indian 

land, or to be a consent to the alienation, attachment or encumbrance of any 

such land. 

4.8 Waiver of Sovereign 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 the Tribe's attorneys. All waivers of sovereign immunity 

must be preserved by resolutions of the Tribal Commission and the Tribal 

GTB GAMING CODE 10 
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, court having jurisdiction pursuant thereto and law 

applicable thereto. Neither the power to sue and be sued provided in 

Subsection 4.18(W), 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 with 

respect to any land within the exterior boundaries of the Reservation or a 

consent to the alienation, attachment or encumbrance of any such land. 

4.9 Credit of the Tribe or Tribal Commission. Nothing in this 

Code nor any activity of the Tribal Commission shall implicate or any way 

involve the credit of the Tribe or the Tribal Commission. 

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 the Tribal Commission on its own behalf. The 

property of the Tribal Commission is declared to be public property used for 

essential public and governmental purposes and such property and the Tribal 

Commission are exempt from all taxes and special assessments of the Tribe. 

Upon dissolution of the Tribal Commission, the title to all property owned by 

it shall vest in and become the property of the Tribe. No activity of the 

Tribal Commission nor any indebtedness incurred by it shall implicate or in 

any way involve or effect any assets of tribal members or the Tribe not 

assigned in writing to the Tribal Commission. 

4.11 Membership. 

(A) Number of Commissioners. The Tribal Commission shall be 

comprised of seven Tribal Gaming Commissioners consisting of the seven 

elected members of the Tribal Council or their designees appointed by 

the Tribal Council. Four Commissioners shall perform the duties 

determining the suitability of issuing gaming licenses as provided in 

Section 6 of this Code, and regulator functions as provided in Section 

4.15 of this Code. Three Commissioners shall perform the duties of 

operator as provided in Section 4.15 of this Code. 

(B) Qualification of Commissioners. Each Commissioner must be a 

member of the Tribe. 

(1) The four Commissioners designated to determine 

suitability of employees must pass a written test, compiled by a 

recognized testing authority, to determine their knowledge of the 

Indian Gaming Regulatory Act, 25 C.F.R. 556 and 558, and this 

Gaming Code. The four Commissioners must demonstrate competency in 

the application of procedures and internal controls of the gaming 

facility. Such competency shall be demonstrated in accord with 

Section 4.11(D) (1) and 4.11(D) (2) herein. 

(2) The three Commissioners designated to determine operator 

and regulatory functions must pass a written test, compiled by a 

recognized testing authority, to determine their knowledge of the 

gaming industry and the application of financial analysis to 

balance sheets and income statements generated by the gaming 

GTB GAMING CODE 11 
entities and the application of internal controls to the movement 

of cash and cash equivalents in the gaming environment. 

(C) Background Investigation. 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 

investigation on each prospective member. 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) He has been convicted of or entered a plea of nolo 

con tendere to a felony or any gaming offense in any jurisdiction or 

to a misdemeanor involving dishonesty or moral turpitude; or 

(3) He or any member of his immediate family has a financial 

interest in any gaming activity or facility. 

(4) Each Commissioner must pass a TRW credit check and have 

a certifiable history of credit worthiness from the TRW for the 

last 10 years. 

(5) Each Commissioner must pass a drug test as provided in 

Section 14 of this Code. 

(D) Date of Appointment. Each member of the Tribal Commission 

shall take office no later than one week after a new Tribal Council is 

sworn in following a tribal election. 

(1) Each new Councilor/Commissioner will receive the 

equivalent of 40 hours of training within the first three months in 

office as a Commissioner. The training will consist of the 

application of this Code, applicable federal law, and financial 

analysis necessary to control and manage the gaming facility. 

(2) Each new Councilor/Commissioner will have six months from 

the date of their appointment to demonstrate their competence by 

successfully completing an open-book examination on the application 

of the Code to their positions. Failure to pass the exam within 

the designated time period shall be construed as an automatic 

resignation from the Commission. Thereafter, the Commission shall 

progressively and aggressively develop the gaming expertise 

necessary to perform their job functions. 

The Council1 s appointment of any Tribal Commission member who is 

not a member of the Tribal Council shall be by resolution. 

4.12 Term of Office. Each Commissioner shall serve a term of four 

GTB GAMING CODE 12 
years to coincide with the term of Tribal Council members. No member shall 

serve more than two terms. No person shall remain on the Tribal Commission 

after leaving or beingremoved from the Council. 

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 Meetings. 

(A) Regular Meetings. The Tribal Commission shall hold at least 

one regular monthly meeting which shall take place on the first Monday 

of each month, or as otherwise determined by the Tribal Commission. 

(B) Special Meetings. Special meetings may be called at the 

request of the Tribal Council, the Chairman of the Tribal Commission or 

4 or more members of the Tribal Commission. 

(C) Compensation of Commissioners. An honorarium may be paid for 

attendance at each meeting. 

(D) Quorum. A quorum for all meetings shall consist of six 

members. 

(E) Voting. All questions arising in connection with the action 

of the Tribal Commission shall be decided by majority vote. The 

Chairman of the Tribal Commission shall be entitled to vote only to 

break a tie. 

4.15 Organization. The en banc Tribal Commission shall develop its 

own operating procedures and shall elect from within itself a Chairman to 

direct meetings, a reporter to be responsible for keeping Tribal Commission 

minutes and transmitting to the Tribal Council a copy of those minutes, 

handling correspondence and reporting Tribal Commission decisions, and such 

other officers as the Tribal Council deems advisable. 

(A) The Tribal Commission shall consist of three distinct 

entities. 

(1) The en banc Tribal Commission is the full seven 

Commissioners acting together. 

(2) The I1regulatory commissioner^^^ consisting of four 

Commissioners. 

(3) The "operator Commissioners" consisting of three 

Commissioners. 

(B) The en banc Tribal Commission shall carry out all functions of 

the Tribal Commission not specifically delegated to the regulatory 

Commissioners or the operator Commissioners. 

(C) The four regulatory Commissioners shall carry out the 

licensing authority conferred upon them in Section 4.18 (Q) of this Code 

in accordance with Section 6.3 of this Code. The same four 

Commissioners shall carry out the regulator functions conferred upon 

them in Section 4.18 (A) of this Code in accordance with this Section 

GTB GAMING CODE 13 
( 1 ) Regulator. The four Commissioners shall act as 

compliance regulators under the following guidelines. The en banc 

Tribal Commission shall issue further guidelines and clarifications 

to the gaming facilities' gaming managers consistent with the 

following sections. 

(a) Policy. The en banc Tribal Commission shall, 

consistent with Tribal Council policy as articulated in the 

Gaming Code, issue policy statements regarding the operation 

of gaming. 

(b) Position Description. The four Commissioners 

charged with regulatory functions shall issue position 

descriptions for every position designated in the gaming 

facility. Each position description shall be subject to 

background investigations, as directed by this Code and 25 

C.F.R. 556 and 558. In addition, each position within the 

gaming environment, whether or not a licensed position under 

this Code and 25 C.F.R. 556 and 558 shall be subject to drug 

testing as stated in Section 14 of this Code. No position 

description shall be left undefined. 

( C) Procedures. Procedures shall consist of the 

interaction amongst various position descriptions carrying out 

the duties of the position in association with other position 

descriptions. The four Commissioners charged with regulator 

functions shall propose a system of procedures for all 

regulated gaming activities. 

(d) Internal Controls. The four Commissioners charged 

with regulatory functions shall propose a system of internal 

controls describing the position descriptions and procedures 

necessary to effect appropriate internal controls. The en 

banc Tribal Commission shall approve and publish the 

procedures. 

(el Internal Auditor. The four Commissioners charged 

with regulatory functions shall employ a procedures auditor 

who shall have the responsibility of determining compliance 

auditing with the published internal controls procedures and 

position descriptions. The internal auditor shall be an 

employee of the en banc Tribal Commission reporting directly 

to the four Commissioners on a monthly basis in accord with an 

audit schedule covering position descriptions, procedures, and 

internal controls. Audit findings shall be addressed in the 

following month by the en banc Tribal Commission and the 

gaming manager. The gaming manager shall have 30 days to 

comply with audit findings. A consistent pattern of 

noncompliance in excess of 90 days shall be grounds for the en 

banc Tribal Commission revoking gaming licenses of the 

employees responsible for the noncompliance. 

(D) The operator Commissioners shall carry out the operator 

responsibility and authority conferred upon them in Section 4.18(D) of 

this Code in accordance with this Section 4.15(D). 

GTB GAMING CODE 
( 1) Operator. The three Commissioners shall act as 

compliance operators under the following guidelines. The en banc 

Tribal Commission shall issue further guidelines and clarifications 

to the gaming facilities' general managers consistent with the 

following sections. 

(a) Financial Ratios. Each year the Commission shall 

promulgate financial ratios for the operation of each 

regulated entity. Such rations shall be constructed from a 

spreadsheet review of existing annual reports published by 

publically held gaming enterprises and a review of the Nevada 

gaming abstract. Such ratios shall cover the following four 

points : 

profitability Ratios 

Gross Profit Margin (or Gross Margin) = Profit/Sales. Gross profit margin 

measures the margin available to cover a company's operating expenses and 

yield a profit. 

Operating Margin = Operating Profit/Sales. Operating margin measures a 

company's profitability from its main source of business. 

Net Prof it Margin (or Net Margin or Return on Sales) = NIAT (net income after 

tax) /Sales. Net profit margin measures how much a company earns for each 

dollar of sales. Thus if a company has a net profit margin of 3%, it earns 

three cents on every dollar of sales. 

Liquidity Ratios 

Current Ratio = Current Assets/Current Liabilities. The current ratio 

measures the extent to which the claims of the short-term creditors are 

covered by the company's current or short-term assets. 

Working Capital = Current Assets - Current Liabilities. Working capital 

measures the excess of current resources over the current obligations. The 

greater the working capital, the greater is the cushion to meet any 

unforeseen cash requirements. 

Quick Ratio = (Current Assets - Inventory) /Current Liabilities. The quick 

ratio measures the extent to which the claims of short-term creditors are 

covered without the need for an inventory sell-off. 

Inventory to Net Working Capital = Inventory/(Current Assets -Current 

Liabilities). Inventory to net working capital measures the extent to which 

the company's working capital is tied up in inventory. 

Solvency Ratios 

Debt to Assets - Total Debt/Total Assets. Debt to assets measures the extent 

to which a company borrows money to finance its operations. 

Debt to Equity = Total Debt/Total Equity. Debt to equity measures the 

creditor's funds as a percentage of stockholdersf funds. 

Long-Term Debt to Equity = Long-Term Debt/Total Equity. Long-term debt to 

equity measures the balance between a company's debt and its equity; a high 

financial leverage indicates a risk in meeting the principal and/or interest 

GTB GAMING CODE 15 
on the debt. 

Interest Coverage Ratio = Operating Income/Interest Expense. The interest 

coverage ratio is calculated from the income statement. It measures the 

multiple by which the operating income exceeds the fixed interest expense 

which must be paid. The higher the ratio, the less chance of defaulting on 

the payment. 

Activity Ratios 

Inventory Turnover = Cost of Sales/Average Inventory. Inventory turnover 

measures the number of times a company turns over all its inventory during a 

year. The higher the turnover, the shorter the time that a company must sit 

with idle inventory. 

Accounts Receivable Turnover = Sales/Average Accounts Receivable. Accounts 

receivable turnover measures the number of time a company turns over all its 

receivables during a year. The higher the turnover, the more quickly 

customers are paying their bills. 

(b) Operating Budgets. The three Commissioners shall 

promulgate an operating budget for each property. The budget 

shall be promulgated under the principles of profit planning 

and control. The budget preparation cycle shall begin at the 

beginning of the fourth quarter by each department head 

submitting a historical record of expenses for the previous 

three quarters 30 days after the fourth quarter begins. Each 

department head, for purposes of the budgetary cycle, shall be 

the following: food & beverage, cage, surveillance, security, 

table games, slots, personnel and management, and maintenance. 

The three Commissioners shall review the historical expenses 

in relation to the promulgated operating financial ratios, and 

submit a revised budget to the department heads within 30 days 

of receipt of the historical record of expenses from the 

department heads. The department heads and the three 

Commissioners shall then meet within 15 days to negotiate 

compromises on budgetary items. Thereafter the en banc Tribal 

Commission shall issue the operating budget within 15 days for 

the next fiscal year. 

(c) Capital Budget. The en banc Tribal Commission shall 

propose and the Tribal Council must ratify capital budget 

items for the next fiscal year. In the event that the Tribal 

Council fails to ratify the proposed capital budget, then the 

Tribal Commission shall meet with the Tribal Council to 

prepare a capital budget acceptable to the Tribal Council. A 

capital budget item is defined as an expenditure in excess of 

$50,000 that is listed as a capital expense on the balance 

sheet not subject to the operating cycle as an expense item. 

Capital budgets shall be subject to revision only with the 

consent of the Tribal Council in conformity with outstanding 

obligations of capital facilities debt under Section 13 of 

this Code. 

4.16 Removal of Members or Vacancies. 

(A) Removal. A Commissioner may be removed by the Council for 

serious inefficiency, neglect of duty, malfeasance, misfeasance, 

GTB GAMING CODE 16 
nonfeasance, misconduct in office, or for any conduct which threatens 

the honesty or indegrity of the Tribal Commission or otherwise violates 

the letter or intent of this Code. 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 Commissioner shall be final. 

(B) Vacancies. If any Commissioner shall die, resign, be removed 

or for any reason be unable to serve as a Commissioner, the Council 

shall declare this position 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 this 

Code. 

4.17 Conflict of Interest. No person shall be appointed or 

continue serving as a Commissioner if he has any personal, business, or legal 

relationship that creates a conflict of interest with his duties and 

responsibilities as a Commissioner. 

(A) For purposes of conflict of interest, a "personal conflict of 

interestu shall be a family relationship within the first degree of 

consanguinity. 

(B) For purposes of con£ lict of interest, a "business con£ lict of 

interestM shall be a business relationship that directly competes with 

the gaming facilities' markets. Direct competition shall be defined as 

a business relationship within a 200-mile diameter of the gaming 

facility. 

(C) For purposes of conflict of interest, a "legal conflict of 

interest" shall be a relationship recognized as a conflict by a panel of 

three consisting of two attorneys and one non-attorney. The panel shall 

be ad hoc and formed for the sole basis of addressing the alleged legal 

conflict of interest. The Commissioner who is alleged to be in a legal 

conflict of interest shall have the opportunity to appoint one person to 

the panel. The Tribal Commission shall appoint the other two panel 

members. 

(D) The charge of an alleged conflict of interest can only be 

raised by a Tribal member or an interested party with a direct financial 

interest in the resolution of the charge. General allegations by 

persons without a financial interest will not be reviewed. 

(E) If the Commissioner is found to be in a conflict of interest 

by the panel, then the Commissioner shall withdraw from the matter 

before the Tribal Commission, and the Commission shall pay all costs of 

GTB GAMING CODE 17 
the person bringing the charge. If the Commission is found not to be in 

a conflict of interest by the panel, then the person bringing the charge 

shall pay all costs of the Tribal Commission proceeding. 

To the extent permitted by law, a personal, business, or legal conflict of 

interest can be waived by majority vote of the Tribal Commission only after 

full, complete and continuing disclosure is made by the Commissioner in the 

alleged conflict of interest. 

4.18 Authority of Tribal Commission. The Tribal Commission shall 

have the following authority: 

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

jurisdiction of the Tribe. 

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

and criminal gaming laws and policies. 

(C) To issue subpoena ad testificandum and subpoena duces tecum. 

(D) To oversee the day-to-day operations of all tribally-owned 

gaming activities. 

(E) 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 

Code and the powers granted and duties imposed by applicable law. 

(F) To publish and distribute copies of this Code and Tribal 

Commission rules and any Council, Tribal Commission or Tribal Court 

decisions regarding gaming matters. 

(G) 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 Code. 

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

project, or operation and to cooperate with the Tribal Council or any 

Council Committee in regard to gaming issues. 

(I) 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 game or 

gaming activity operating, or suspected of operating, within the 

jurisdiction of the Tribe. In undertaking such examination or 

investigation, the Tribal Commission may request the assistance of 

tribal gaming staff, federal and local law officials, legal counsel, and 

other third parties. 

(J) To maintain and keep current a record of new developments in 

the area of Indian gaming. 

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

Appellate Court in conducting gaming hearings, defining terms used in 

this Code or other tribal laws, or in any other matter in which the 

Tribal Commission deems such assistance to be necessary or proper. 

GTB GAMING CODE 
(L) To consider any gaming matter brought bef ore it by any person, 

organization or business, and all matters referred to it by the Tribal 

Counc i 1 . 

(M) To obtain and publish a summary of federal revenue laws 

relating to gaming and to insure compliance with same. 

(N) To arrange for training of Tribal Commission members, tribal 

employees and others in areas relating to the regulation or operation of 

gaming. 

(0) Upon prior explicit written approval of the-Council, to employ 

such advisors as it may deem necessary. Advisors may include, but shall 

not be limited to, law enforcement specialists and gaming professionals, 

the Tribe's general or special counsel and the Tribe's accountants. 

(PI To make recommendations to the Council on the hiring of all 

supervisory gaming employees. 

(Q) To promulgate rules and regulations to implement and further 

the provisions of this Code. 

(R) To approve or disapprove any application for a tribal gaming 

license. 

(S) To consult with and make recommendations to the Tribal Council 

regarding changes in tribal gaming laws and policies. 

(T) To examine under oath, either orally or in writing, in 

hearings or otherwise, any person or agent, officer or employee of any 

person, or any other witness, with respect to any matters related to 

this Code, including enforcement of tribal gaming laws, regulations and 

policies, and to compel by subpoena the attendance of witnesses and the 

production of any books, records and papers with respect thereto. 

(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 delegate to an individual member or members of the Tribal 

Commission, or, with the approval of the Tribal Council, to Tribal or 

Tribal Commission staff, such of its functions as may be necessary to 

administer this Code efficiently, provided, that the Tribal Commission 

may not re-delegate its power to exercise any substantial governmental 

function of the Tribe or its power to promulgate rules and regulations, 

and provided further, that the Tribal Commission may not delegate to 

anyone the power to permanently revoke a tribal gaming license. 

(W) To close permanently, after notice and a hearing, any game or 

games which are operating in violation of tribal law. 

(X) To sue or be sued in courts of competent jurisdiction within 

the United States and Canada, subject to the provisions of this Code and 

other tribal laws relating to sovereign immunity, provided, that no suit 

shall be brought by the Tribal Commission without the prior explicit 

written approval of the Tribal Council. 

GTB GAMING CODE 
(Y) 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. 

(Z) To sell, convey, mortgage, pledge, lease, exchange, transfer 

and otherwise dispose of all or any part of its property, assets and 

revenues. 

(AA) To deal in inventions, copyrights, and trademarks; to acquire 

by application, assignment, purchase, exchange, lease, hire or 

otherwise; and to hold, own, use, license, lease and sell, either alone 

or in conjunction with others, the absolute or any partial or qualified 

interest in and to inventions, improvement, letters patent and 

applications therefor, licenses, formulas, privileges, processes, 

copyrights and applications therefor, trademarks and applications 

therefor, and trade names, provided that title to all such interests 

shall be taken in the name of the Tribe. 

(AB) 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 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 the property, 

assets and revenues of the Tribal Commission. 

(AC) To arbitrate, compromise, negotiate or settle any dispute to 

which it is a party relating to the Tribal Commission's authorized 

activities. 

(AD) 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. 

(AE) 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(AC) above. 

GTB GAMING CODE 20 
(AF) To purchase insurance from any stock or mutual company for any 

property, or against any risk or hazard. 

(AG) To engage in any and all activities which directly or 

indirectly carry out the purposes of the Grand Traverse Band of Ottawa 

and Chippewa Indians as set forth in this Code. 

(AH) With prior approval of the Tribal Council, to make application 

and accept grants and other awards from private and governmental sources 

in carrying out or furthering the purposes of the Tribal Commission or 

the Tribe. 

(AI) 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 Code 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. 

(AJ) To establish and maintain such bank accounts as may be 

necessary or convenient. 

(AK) To require by regulation, the filing of any records, forms and 

reports and all other information desired by the Council for 

implementation of this Code relating to any gaming activity or operation 

or any investigation as required by tribal law and the IGRA. 

(AL) To provide for an internal system of recordkeeping with 

adequate safeguards for preserving confidentiality as deemed necessary 

by the Tribal Commission. All applications, background investigations 

and Tribal Commission decisions shall be retained in Tribal Commission 

files for a period of at least 10 years. 

(AM) To adopt a schedule of fees to be charged for gaming licenses 

issued pursuant to this Code. 

(AN) To adopt a schedule of fees and charges for services rendered 

relating to transcripts and the furnishing or certifying of copies of 

proceedings, files and records. 

(AO) To supervise, inspect and regulate all gaming activities 

within the jurisdiction of the Tribe. 

(AP) To promote the full and proper enforcement of this Code and 

other applicable law regarding gaming activities within the jurisdiction 

of the Tribe. 

(AQ) To conduct background investigations of all persons who 

propose to participate in any gaming activity or operation. 

(AR) To compel obedience of its lawful orders by proceedings of 

mandamus or injunction or other proper proceedings in the name of the 

Tribe in Tribal Court or any other court having jurisdiction of the 

parties and of the subject matter; provided, that no suit shall be 

brought by the Tribal Commission without the prior explicit written 

approval of the Tribal Council after consultation with the Tribal 

Attorneys. 

GTB GAMING CODE 21 
(AS) To discipline any licensee or other person participating in 

any gaming activity by ordering immediate compliance with this Code or 

Tribal Commission regulations and to issue an order of temporary 

suspension of any license issued under this Code, whenever the Tribal 

Commission is notified of a violation by any such person of this Code or 

any other applicable law. 

(AT) To issue an order of temporary closure of any gaming activity 

or operation in the event the Tribal Commission determines that 

immediate closure is necessary to protect assets or interests of the 

Tribe, pursuant to Tribal Commission regulations, or whenever the Tribal 

Commission shall receive information from the National Indian Gaming 

Commission that a primary management official or key employee of a 

licensee does not meet the standards for being licensed under the IGRA. 

(AU) To become self-regulating whenever the Tribe becomes eligible 

for a certificate of self-regulation under the IGRA. 

4.19 Annual Budget. The en banc Tribal Commission shall prepare an 

annual operating budget for all Tribal Commission activities and present it 

to the Council by August 15th of each year. The request of the en banc 

Tribal Commission shall be subject to the Tribal Appropriations Act. 

4.20 Tribal Commission Regulations. 

(A) En banc 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 en banc Tribal 

Commission and its staff; 

(2) Interpretation and application of this Code 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 information required 

by or necessary to implement this Code; and 

(5) The conduct of inspections, investigations, hearings, 

enforcement actions and other powers of the Tribal Commission 

authorized by this Code. 

(B) No regulation of the en banc Tribal Commission shall be of any 

force or effect unless it is adopted by the en banc 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 and in the Office of the Clerk of the Tribal Court. 

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

shall take judicial notice of all Tribal Commission regulations adopted 

pursuant to this Code. 

4.21 Right of Entrance; Monthly Inspection. The en banc Tribal 

Commission and duly authorized officers and employees of the en banc Tribal 

GTB GAMING CODE 
Commission, during regular business hours, may enter upon any premises of any 

gaming operator or gaming establishment for the purpose of making inspections 

and examining the accounts, books, papers, and documents, of any such gaming 

operator or gaming establishment. Such gaming operator shall facilitate such 

inspection or examinations by giving every reasonable aid to the en banc 

Tribal Commission and to any properly authorized officer or employee. 

A Commissioner or a member of the en banc Tribal Commission's staff 

shall visit each tribally-owned or tribally-operated gaming establishment at 

least once every two weeks during normal business hours for the purpose of 

monitoring its operation. Such visits shall be unannounced. 

4.22 Investigations. The en banc 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 Code. In conducting such investigation, the en banc 

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 Hearings; Examiner. Pursuant to regulations, the en banc 

Tribal Commission may hold any hearing it deems to be reasonably required in 

administration of its powers and duties under this Code. Whenever it shall 

appear to the satisfaction of the en banc Tribal Commission that all of the 

interested parties involved in any proposed hearing have agreed concerning 

the matter at hand, the en banc Tribal Commission may issue its order without 

a hearing. 

The en banc Tribal Commission may designate one of its members to act as 

examiner for the purpose of holding any such hearing or the en banc Tribal 

Commission may appoint another person to act as examiner under subsection 

4.24 below. The en banc Tribal Commission shall provide reasonable notice 

and the right to present oral or written testimony to all people interested 

therein as determined by the en banc Tribal Commission. 

4.24 Appointment of Examiner; Power of Examiner. The en banc 

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 en banc Tribal 

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

appointment shall constitute a delegation to such examiner of all powers of 

a Commissioner under this Code with respect to any such hearing. 

4.25 Revenues and Accounts. 

(A) The Tribal Commission shall collect all gross proceeds from 

all tribally-owned and operated gaming activities and shall pay all 

prizes, all operating and maintenance expenses and all other fees, 

charges and deductions appropriate under general accepted accounting 

principles (including necessary or appropriate reserves). The Tribal 

Commission shall deposit all revenues of the gaming activities in 

separate funds and accounts under the control of the Tribal Commission. 

(B) In each month, from the net revenues of the tribally-owned and 

operated gaming activities, the Tribal Commission shall: 

first, set aside funds sufficient, with any other amounts then 

GTB GAMING CODE 23 
available and properly appropriated for the purpose, to pay or 

provide for a11 amounts payable, or required to be set aside, in 

that month with respect to obligations incurred by the Tribal 

Commission under Sections 4.18 (AB) and 13, including the funding of 

any necessary reserves; 

second, set aside amounts sufficient to fund any capital 

accounts or capital reserves in accordance with the annual capital 

budget approved under Section 4.15 (A) (3 ) ; and 

third, transfer all remaining net revenues to such tribal 

funds or accounts, under the control of the Tribal Council, as the 

Tribal Council shall designate from time to time. 

4.26 Quarterly Report of Tribal Gaming Manager Reports. The Tribal 

Commission shall file a quarterly report to the Council summarizing reports 

received from each manager of any tribally-owned or managed gaming activity 

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 Applicability. This Code governs all persons engaged or 

employed in gaming within the jurisdiction of the Tribe. Any application for 

license pursuant to this Code; participation in any gaming activity within 

the jurisdiction of the Tribe shall be deemed to be a consent to 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 Code or other tribal laws. 

5.2 Licenee Required. No person shall operate Class I1 or Class 

I11 gaming within the jurisdiction of the Tribe unless such gaming is 

licensed by the Tribe. A separate tribal gaming license shall be obtained 

for each game authorized by Section 10. The decision to grant, revoke or 

decline to renew shall be final and not subject to appeal. 

5.3 Types 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 

activity operating one or more Class I1 games of chance. 

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

shall be required for all tribally-owned or operated gaming activity 

operating any games of chance other than Class I or Class I1 gaming. 

5.4 No License Requirement for Class I Gaming. A tribal license 

shall not be required for any Class I gaming activity or operation, provided, 

however, that each Class I gaming activity or operation must have written 

permission of the Tribal Commission, and such permission must be on file with 

the Tribal Secretary before any such Class I gaming is conducted. 

5.5 Application Procedures. 

(A) Application for Gaming License. For any proposed Class I1 or 

Class I11 gaming activity, the Council shall file with the Tribal 

Commission an application for a tribally-owned or tribally operated 

GTB GAMING CODE 24 
Class I1 or Class I11 gaming license, whichever is appropriate, which 

shall contain the name of the proposed enterprise, its location and all 

other pertinent information required by this Code and Tribal Commission 

regulations. 

(B) Tribally-Owned and Tribally-Operated Class 11. Before issuing 

a license to a tribally-owned or operated Class I1 gaming activity the 

en banc Tribal Commission shall: 

(1) Review the proposed gaming activity to ensure that all 

criteria required by this Code shall be met. 

(2) Perform the necessary background investigations on 

management contractors, primary management officials and key 

employees required by this Code. 

(3) 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. 

(C) Tribally-Owned and Tribally-Operated Class 111. Before 

issuing a license to a tribally-owned or operated Class I11 gaming 

activity the en banc Tribal Commission shall: 

(1) Review the proposed gaming activity to ensure that all 

criteria required by this Code shall be met. 

(2) Perform the necessary background investigations on 

management contractors, primary management officials and key 

employees required by this Code. 

(3) 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 with the provisions of the 

applicable tribal/state compact. 

5.6 Criteria Which a Potential Gaming Operator Must Meet. The en 

banc Tribal Commission shall issue the above license to any tribally-owned or 

tribally-operated Class I1 or Class I11 proposed gaming activity only if all 

of the following criteria are met: 

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

land which was held in trust for the Tribe prior to October 17, 1988 or 

on trust lands which were located within or contiguous to the boundaries 

of the Reservation on October 17, 1988 or on lands taken into trust 

after October 17, 1988 as a settlement of a claim. 

(B) The proposed gaming activity is to be played as Class I1 

gaming as defined by this Code and the IGRA or is Class I11 gaming 

authorized by a tribal/state gaming compact. 

GTB GAMING CODE 
(C) The proposed gaming activity is authorized by a Tribal Council 

resolution. i 

(D) The Tribe will have the sole proprietary interest and the 

Tribe will have the exclusive responsibility for the conduct of the 

proposed gaming activity, or if it is not, the management contract or 

other management agreement for that gaming is consistent with tribal and 

federal law and is properly approved by the Chairman of the Indian 

Gaming Tribal Commission. 

(El 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 

en banc Tribal Commission and the National Indian Gaming 

Commission. 

(2) The proposed gaming activity shall comply with all IRS 

reporting and filing requirements. 

(3) All of the revenue 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 en banc Tribal Commission finds 

will adequately protect the environment and the public health and 

safety . 

(6) The gaming manager, all primary management officials, and 

all key employees have passed the background investigations and 

obtained the tribal gaming employee licenses required by this Code. 

Each application must state in writing that all future management 

officials and key employees will be required to pass background 

investigations and obtain tribal gaming employee licenses before 

they are hired. 

(7) The en banc 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) If the gaming activity is Class 111 gaming, such gaming 

activity meets all other criteria established by the tribal/state 

compact. 

5.7 License Application Fees. No application fee shall be 

required for a tribally-owned or tribally-operated Class I1 or Class I11 

gaming activity. 

GTB GAMING CODE 
5.8 License Tax. No annual license tax shall be required for a 

tribally-owned or tribally-operated Class I1 or Class I11 gaming operation. 

5.9 Form of Gaming License. Every gaming license issued by the en 

banc Tribal Commission shall include the name and address of the authorized 

licensee and the signature of an authorized officer of the en banc Tribal 

Commission. 

5.10 Scope of gaming License. A gaming license issued by the en 

banc Tribal Commission shall be effective only for the gaming activity and 

location specified in the application. Such license may be transferred only 

upon prior approval of the en banc Tribal Commission upon written request 

that details the proposed new gaming activity, its location and proposed 

gaming operator. 

5.11 Terms of License. A tribally-owned and tribally-operated 

Class I1 and Class I11 gaming license shall be valid for a period of one year 

from the date of issuance or until further action of the en banc Tribal 

Commission to extend the license. 

5.12 Posting of Licenses. Each gaming operator shall post its 

tribal gaming license in a conspicuous location at the gaming operator's 

gaming facility. If a gaming operator has more than one gaming facility, the 

gaming operator must obtain and post a separate license for each gaming 

facility. A gaming operator licensed to sell raffle tickets outside a gaming 

facility shall carry a copy of the gaming license in which such person is 

employed . 

5.13 Gaming License Renewals. Each tribal gaming license must be 

renewed every year. No renewal fee shall be required for a tribally-owned or 

tribally-operated Class I1 or Class 11 license. In order to obtain a 

renewal of a license, the gaming operator shall submit a written renewal 

application to the en banc Tribal Commission on the form provided by the en 

banc Tribal Commission. No renewal application shall be approved until the 

annual report, required by subsection 5.14, has been properly filed. All 

renewal applications submitted by a tribally-owned Class I1 or Class I11 

gaming activity shall be approved within a reasonable time unless the Gaming 

Commission determines, 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 of the tribal/state compact. 

5.14 Annual Reports. Each gaming operator who possesses a Class I1 

or Class I11 tribal gaming license must file an annual report with the Tribal 

Commission and the Tribal 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 en banc 

Tribal Commission and shall include the following information: 

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

(B) The names, addresses and titles of its current gaming managers 

and all submanagers; 

(C) A description of each gaming activity that is operated and the 

total gross revenue of each; 

(D) A written copy of any changes the gaming operator proposes to 

initiate in its rules; 

GTB GAMING CODE 27 
(E) A statement of the specific dates and times during which the 

gaming activity will be operated during the next license period; 

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

manager and the names and addresses of all persons who will be the 

primary management officials during the next license period; 

(G) A statement of any changes in the gaming manager or 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 whom the en banc 

Tribal Commission may determine to be key employees during review of the 

application; 

(I) Written proof that the gaming 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 gaming operator has complied with 

the Internal Revenue Code and regulations, including written notice of 

customer winnings, and a statement that the gaming 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) The description of any location at which the gaming activity 

has been conducted and any new location which is expected to be 

established during the next license period; 

(L) The number of full-time equivalent persons, 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; 

(MI The total gross revenue of the gaming operator attributable 

directly or indirectly to tribally-licensed gaming activity over the 

proceeding 12 months; 

(N) A sworn statement that the gaming operator will continue to 

comply with all tribal and federal laws applicable to the gaming 

operator's gaming operation; 

(0) A sworn statement that the gaming 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; 

(P) The name, address and signature of the agent who will accept 

service of process on behalf of the gaming operator, who must reside on 

the Reservation; and 

(Q) If the gaming 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. 

GTB GAMING CODE 
5.15 Procedure to Remedy Gaming License Violation. If the en banc 

Tribal Commission finds that a tribally-owned or operated gaming activity is 

being operated in violation of this Code or otherwise presents a threat to 

the Tribe or to the public, the en banc Tribal Commission shall immediately 

take all necessary steps to bring such activity into compliance, including, 

but not limited to, closing down such activity temporarily or permanently 

pursuant to enforcement procedures and regulations duly promulgated by the en 

banc Tribal Commission under this Code. Nothing contained in this Section or 

in this Code shall be construed as limiting, restraining or effecting a 

waiver of the Tribe or of the Tribal Council's right and authority to take 

appropriate action to remedy any gaming violation pursuant to tribal and 

federal law. 

Section 6. Gaming Employee Licenses. 

6.1 Current, and Valid Gaming Employee License Required. Every 

primary management official and every key employee of any Class I1 or Class 

111 gaming activity subject to this Code shall possess a current, valid 

gaming employee license. 

6.2 Application for Gaming Employee License. 

(A) A person seeking a tribal gaming employee license shall submit 

an application to the Tribal Commission on such form and in such manner 

as the Tribal Commission may require. 

(B) Such application shall include the following information: 

(1) The applicant's name, including all other names used, 

current home and work addresses and telephone numbers, social 

security number, place of birth, date of birth, citizenship, and 

driver's license number, as well as the address of his or her 

personal residences over the past five years. If the applicant has 

resided at his or her current address for less than two years, his 

or her previous address. 

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

facility and of the gaming operator for whom the applicant intends 

to work and the specific location in which the applicant will be 

employed. 

(3) The name and job description of the applicant's position. 

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

parents, grandparents, spouse, children, brothers, and sisters. 

(5) A statement as to whether or not the applicant has ever 

been charged with a crime, and if so, the charge, the name and 

address of the court involved, the applicant's explanation of the 

outcome of the case, including the date of final disposition. 

(6) The names, current addresses and telephone numbers of 

three references who are not related to the applicant and who were 

acquainted with the applicant when the applicant was residing at 

each of the addresses listed in subsection 6.2(B) (1). 

(7) A list of the applicant's previous jobs over the 

preceding five years, including the name, address and telephone 

GTB GAMING CODE 29 
number of his or her employer, and the position held. 

(8) he names and addresses and a brief description of all 

businesses in which the applicant currently holds, or has within 

the last five years held, an ownership interest. 

(9) A description of any previous employment relationship 

with an Indian Tribe, including the employee position held, name of 

the Tribe involved and name and address of a person who can attest 

to the accuracy of the information provided. 

(10) A description of any current or past non-employee 

business arrangement which the applicant has had with an Indian 

Tribe, including the name of the Tribe involved and the name and 

address of a person who can attest to the accuracy of the 

information provided. 

(11) A statement as to whether the applicant has had any past 

employment with, or ownership interest in, any gaming business. If 

so, the applicant shall provide a written statement describing his 

or her position, the dates during which that position was held, a 

description of the applicant's ownership interest or job 

responsibilities and the name, address and phone number of the 

business, and a person who can attest to the accuracy of the 

information provided. 

(12) A 'list of all gaming-related licenses the individual has 

ever applied for, whether or not those licenses were granted and 

the name and address and phone number of the regulatory agency 

involved. 

(13) A list of all professional or business licenses the 

applicant has applied for, whether or not those licenses were 

granted and the name, address and phone number of the regulatory 

agency involved. 

(14) A statement of all languages written or spoken. 

(15) 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. 

(16) Written permission giving the Tribal Commission or its 

designee the right to investigate the applicant's background, 

including his criminal record, civil and criminal judgments and 

credit history. 

(17) A complete disclosure of any pending or anticipated civil 

or criminal action against the applicant, including the name and 

address of the police department and court involved. 

(18) A disclosure of any civil or criminal judgments rendered 

against the applicant, including the case number, a description of 

the judgment and the name and address of the court involved. 

GTB GAMING CODE 
(19) The applicant' s fingerprints will be taken by GTB Tribal 

Police, who 'are responsible for conducting this portion of the 

applicant's criminal history check and forwarding the fingerprint 

cards to the NIGC for processing through the FBI. 

(20) Any other information which might bring into question his 

fitness to serve as a primary management official or key employee 

of a licensed gaming operation. 

(C) Each application shall be accompanied by a sworn statement 

that if the license is issued, the applicant will submit to the 

jurisdiction of the Tribe and the Tribal Court. 

(D) Each application shall be accompanied by a photograph of the 

applicant taken within the last year. 

(E) Each application shall be accompanied by a sworn statement 

that the applicant will abide by this Code and all other applicable law. 

(F) Each application shall be accompanied by a written statement 

that the applicant has read, understands and approves of the following 

Privacy Act notice: 

In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on this form 

is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be 

employed in a gaming operation. The information will be used by the 

National Indian Gaming Commission members and staff who have need for 

the information in the performance of their official duties. The 

information may be disclosed to appropriate federal, tribal, state, 

local, or foreign law enforcement and regulatory agencies when relevant 

to civil, criminal or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National Indian Gaming 

Commission in connection with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or investigations of 

activities while associated with a tribe or a gaming operation. Failure 

to consent to the disclosures indicated in this notice will result in a 

tribe1 s being unable to hire you in a primary management official or key 

employee position. The disclosure of an applicant's social security 

number (SSN) is voluntary; however, failure to supply a SSN may result 

in errors in processing the application. 

(G) Each application for a gaming employee license shall be 

accompanied by a fee of $50.00 subject to the following conditions: 

(1) All key employees and primary management officials 

employed as of December 10, 1993 shall be exempt from payment of 

the application fee. 

(2) All key employees and primary management officials 

employed after December 10, 1993 shall be subject to payment of the 

$50.00 application fee. 

(3) All key employees and primary management officials 

employed after December 10, 1993, as a condition of their 

employment which shall be evidenced by a voluntary consent form, 

hereby agree that the $50.00 application fee delineated in 

GTB GAMING CODE 3 1 
Subparagraphs (3) and (4) of this section shall be deducted from 

their first paycheck by withholding $25.00 and from their second 

paycheck by withholding $25.00. The Tribal Commission may revise 

the application fee. 

(4) All employees of a gaming facility shall be subject to a 

$20.00 deposit on any uniforms issued to the employee. The deposit 

shall be returned upon the termination or resignation of the 

employeei s employment relationship and the employee's return of the 

uniform in good condition. 

6.3 Review Procedure for Gaming Employee License Application. 

Before issuing a gaming employee license, the four Tribal Commissioners 

responsible for carrying out gaming licensing eligibility investigations 

shall : 

(A) Perform or arrange to have performed the necessary background 

investigation on the applicant required by this Code and by 25 C.F.R. 

556 and 558, in order to determine the applicant's prior activities, 

criminal record, if any, and reputation, habits and associations. 

provided in the application and all appropriate steps to verify the 

accuracy of information contained in the application. This 

investigation shall include contacting each reference provided in the 

application, and interviewing a sufficient number of knowledgeable 

people such as former employers and personal references of the applicant 

to provide the Tribal Commission with a rational basis upon which to 

determine the applicant's eligibility for licensing. A complete record 

of these background investigative procedures shall be kept for each 

applicant and summarized in a written report. This background 

investigative report shall include all steps taken in conducting the 

investigation of the applicant, the results obtained, conclusions 

reached, and the bases for these conclusions. The Tribal Commission 

shall review the contents of these background investigative reports 

according to the requirements of this Code and requirements at least as 

stringent as those in 25 C.F.R. 556 and 558. Based upon this review, 

the Tribal Commission shall grant or deny a gaming license to a key 

employee or primary management official. The applicant shall be 

notified in writing of the Tribal Commission's decision. If the four 

Commissioners charged with enforcing this section votes to deny the 

license, it shall include in such notice the specific reasons for its 

decision. 

(B) Forward to the National Indian Gaming Commission a copy of the 

application, the results of the background investigations performed and 

the Tribal Commission's findings and decision. 

(C) All applicants, background investigations and four 

Commissioners decisions shall be retained in the en banc Tribal 

Commission files for a period of at least 10 years. 

6.4 Scope of Gaming Employee License. A gaming employee license 

shall be effective only for the person to whom it is issued and only with 

respect to the gaming facility specified in the application. Any such 

license may be transferred to a new gaming facility only upon prior approval 

of the en banc Tribal Commission upon written request of the licensee which 

shall identify the proposed new gaming facility, its location and the 

proposed gaming operator thereof. 

GTB GAMING CODE 
6.5 Licensing Period. An employee gaming license issued pursuant 

to this Code shall be effective for a period of one year from the date of 

issuance or until such time as the en banc Gaming Commission changes the 

effective date and shall state on its face the date that the license became 

effective and the date that it expires. 

6.6 Renewals. A holder of an employee gaming license shall apply 

to the Tribal Commission for a renewal before his original license has 

expired, updating all information contained in the original application. 

6.7 Requirement to Produce License Upon Request. 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 law enforcement official with jurisdiction over the gaming activity or 

any agent of the Tribe, the Tribal Commission or the National Indian Gaming 

Commission. 

6.8 Permanent License Revocation of Employee Gaming License. 

(A) Grounds for Permanent Revocation. The en banc Tribal 

Commission may permanently revoke an employee's gaming license, 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 

application; 

(3) The employee has participated in gaming activity which 

was not authorized by any tribal gaming license; 

(4) The employee has attempted to bribe a tribal council 

member, Tribal Commissioner or other person in an attempt to avoid 

or circumvent this Code or any other applicable law; 

(5) The employee has offered something of value or accepted 

a loan, financing or other thing of value from an en banc 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 this 

Code or any other applicable law; 

(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 Code or 

the rules and regulations of the en banc 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 gaming 

operator's place of employment would injure or pose a threat to the 

public interest, or the integrity of the gaming activity, or the 

GTB GAMING CODE 33 
effective regulation of gaming or enhance the dangers of unfair, 

unsuitable or illegal gaming practices; 

(10) 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; 

(11) The employee has failed to comply with any lawful order, 

inquiry or directive of the Tribal Commission, the Tribal Council 

or any administrative or judicial body of competent jurisdiction, 

arising from any gaming activity whether or not subject to this 

Code; or 

(12) The employee is determined to have present or prior 

activities, including criminal record, or reputation, habits or 

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 Permanent Revocation. Whenever it is brought to 

the attention of the Tribal Commission that a person has violated any of 

the conditions in subsections 6.8(A) (1) through (12), or has failed to 

comply with any condition of his tribal gaming license or has failed to 

obtain a license, the en banc Tribal Commission or its designee may 

either undertake an investigation, or serve upon such person an order to 

show cause why the personf s license should not be revoked or why the 

person should not be enjoined from conducting gaming activities within 

the jurisdiction of the Tribe. The order shall state the grounds for 

which such revocation is sought, and that the employee shall have an 

opportunity to present testimony and to cross examine opposing 

witnesses, and to present any other evidence as to why revocation or 

injunction should not be issued. The hearing shall be set for not less 

than 10 days nor more than 14 days from the date of notice. The hearing 

shall be governed in all respects in accordance with tribal law and 

Tribal Commission regulations. 

6.9 Temporary Suspension of Employee Gaming License. 

(A) Grounds for Temporary Suspension. The en bane Tribal 

Commission may temporarily suspend an employee gaming license for not 

more than thirty days for any of the following reasons: 

(1) The employee has been charged with a violation of any 

gaming law. 

(2) The employeef s continued employment as a primary 

management official or key employee of a game or gaming activity 

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 en bane Tribal Commission, the Tribal Council, the Tribal 

GTB GAMING CODE 34 
Court or the National Indian Gaming Commission arising from or 

relating to gaming. 

(B) Procedure for Temporary Suspension. Whenever it is brought to 

the attention of the en banc Tribal Commission that a person has 

violated any of the conditions in subsections 6.9(A) (1) through (5), or 

has failed to comply with any condition of his employee gaming license 

or of this Code that constitutes a direct and immediate threat to the 

peace, safety, morals or health or welfare of the community, the en banc 

Tribal Commission or its designee shall issue a notice of temporary 

suspension of such person's employee gaming license, which shall be 

served upon the employee. The notice shall state the grounds upon which 

such temporary suspension is ordered and that the employee shall have an 

opportunity to present testimony and to cross-examine opposing witnesses 

and to present any other evidence as to why suspension should not issue. 

The employee shall immediately cease and desist operating in his 

management position or in his capacity as a key employee upon receipt of 

the order, but such person may file a notice of appeal with the en banc 

Tribal Commission within five days of such receipt. Upon receipt of 

such notice of appeal, the en banc Tribal Commission shall hold a 

hearing on the order within fourteen calendar days of its receipt of the 

appeal. At the hearing, the employee shall have the opportunity to 

present testimony and cross-examine witnesses, and present any other 

evidence as to why temporary suspension order should not be issued. 

Such hearing shall be governed in all respects by tribal law and en banc 

Tribal Commission regulations. 

Section 7. Provisions of General Applicability to All Gaming Operators. 

7.1 Each Class I1 or Class I11 gaming activity within the jurisdiction 

of the Tribe shall be conducted only by a gaming operator who possesses a 

current and valid tribal gaming license. 

7.2 Each tribal gaming license shall be applicable only to one gaming 

site and the gaming operator named on such license. 

7.3 No tribal gaming license shall be sold, lent, assigned or otherwise 

transferred. 

7.4 Each management and key employee of a licensed gaming activity 

shall possess a current and valid tribal gaming employee license. 

7.5 A tribal gaming license shall be issued only to a person who 

qualifies therefore under this Code, or to the Tribe or a tribal subdivision. 

7.6 Each gaming operator shall have a copy of this Code and regulations 

readily available for inspection by any person at each authorized gaming 

facility or activity. 

7.7 No person under the age of 18 years shall be permitted to conduct, 

assist in or play any gaming activity conducted at any location having an 

alcoholic beverage license of any type or class. 

7.8 No person under the age of 14 years shall be permitted to enter the 

area of any building in which a gaming activity is being conducted. 

7.9 A person under the age of 14 years may participate in gaming 

activity in private homes, purchase raffle tickets, attend sporting contests 

GTB GAMING CODE 35 
or ticket drawings, and stick game and other traditional gaming tournaments. 

7.10 Each gaming operator shall post in a conspicuous location near 

where each gaming activity is being played or shall otherwise provide the 

public with an explanation of the rules of play of every game he operates. 

7.11 A gaming operator is prohibited from renting or lending gaming 

equipment to any person without the prior written approval of the Tribal 

Commission. 

7.12 A gaming operator is prohibited from exchanging pull-tabs, punchboards, sports pools, and twenty-one boxes (shoes) without the approval of 

the Tribal Commission. 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 Each gaming operator who participates in the printing, manufacture, 

or construction of any equipment for gaming activity shall first notify the 

Tribal Commission of his intention and shall have the finished product 

approved by the Tribal Commission before it is placed in service. 

7.14 Gaming chips. and other tokens of value may be sold and redeemed 

only by the gaming operator and only for full value. 

7.15 Every licensed gaming operation shall maintain and keep for not 

less than 10 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. 

7.16 There shall be no sale of liquor at any gaming site without the 

prior approval of the Tribal Council. 

7.17 Consideration for the chance to play in any gaming activity shall 

only be cash or, if allowed by the gaming operator, personal check and shall 

be presented at the time the game is played. No other form of consideration 

shall be allowed unless the en banc Tribal Commission gives prior written 

approval. 

7.18 Evidence of any win or loss incurred by a player must, upon 

request, be provided to such player in such form as will be acceptable to the 

IRS . 

7.19 Each gaming operator shall pay all fees and file all reports 

required by law within the time prescribed. 

7.20 Each gaming 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 Each gaming operator shall prominently display at each gaming site 

a current, valid tribal gaming license. 

7.22 Each gaming operator shall at all times maintain an orderly, clean, 

and neat gaming establishment, inside and out. 

7.23 Each gaming operator shall provide adequate security to protect the 

public before, during and after any gaming activity. 

GTB GAMING CODE 36 
7.24 Each licensed gaming activity shall be subject to patrol by the 

tribal police force for the purpose of enforcing tribal law, and each gaming 

operator shall cooperate at all times with the tribal police force. 

7.25 Each gaming operator shall make its premises and books and records 

available for inspection during normal business hours by the en banc Tribal 

Commission and members of the Tribal Council or their designee. 

7.26 No gaming shall be conducted on special days of observance 

designated by the en banc Tribal Commission. 

7.27 No gaming operator may discriminate on the basis of sex, race, 

color, or creed in the conduct of any licensed gaming activity. 

7.28 Each gaming operator shall keep accurate books and records of all 

monies received and paid out and provide the en banc Tribal Commission or its 

designee with copies of or access to the same upon request. 

7.29 All net revenue of any gaming activity shall be used only in a 

manner prescribed by this Code. 

7.30 Every gaming operator shall comply with all applicable tribal and 

federal revenue reporting laws. 

7.31 Each gaming operator shall immediately suspend any employee who is 

charged with an offense described in subsection 8.2 (A) - (AG) or any offense 

related to the sale, possession, manufacture and/or transport of illegal 

drugs. The gaming operator shall also immediately notify the en banc Tribal 

Commission in writing of the name of the person and the pending charge and 

advise the en banc Tribal Commission of the outcome of the case. If the 

employee is convicted or pleads nolo contendere to the charge, the employee's 

employment shall be terminated. 

7.32 Any dispute between GTB gaming enterprises and the gaming public 

which arises over the payment of winnings to a member of the gaming public 

shall be resolved according to the following schedule: 

(A) If the disputed win is less than $200.00 the department head, 

or designee, of that game shall resolve the matter at the time of the 

dispute, and that resolution shall be final. 

(B) If the disputed win is more than $200.00 but less than 

$1,000.00, the gaming manager shall resolve the matter within 8 hours, 

and that resolution shall be final. 

(C) If the disputed win is $1,000.00 or more, the Tribal 

Commission shall resolve the matter within 30 days, and that resolution 

shall be final. 

Section 8. Enforcement. 

8.1 Jurisdiction. Except as provided in this Code or in any 

tribal/state compact under the IGRA, the Tribal Court shall have jurisdiction 

over all violations of this Code. 

8.2 Prohibited Acts. In addition to other civil and criminal 

offenses provided for in this Code or under other applicable law, the 

following acts are prohibited and subject any violator to the civil or 

GTB GAMING CODE 37 
criminal penalties specified herein: 

(A) Operating or in any way participating in any on-reservation 

gaming activity not authorized by this Code. 

(B) Knowingly making a false statement in an application for 

employment with any gaming operator or with the en banc Tribal 

Commission. 

(C) Knowingly making a false statement in connection with any 

contract to participate in any gaming activity. 

(D) Attempting to bribe any person participating in any gaming 

activity. 

(E) Offering or accepting a loan, financing or other thing of 

value between a Tribal Commission member or employee and any person 

participating in any gaming activity. 

(F) Promoting or participating in any illegal gaming activity. 

(G) Failing to keep sufficient books and records to substantiate 

receipts, disbursements and expenses incurred or paid from any gaming 

activity authorized pursuant to this Code. 

(HI Falsifying any books or records which relate to any 

transaction connected with any gaming activity pursuant to this Code. 

(I) Conducting or participating in any gaming activity which in 

any manner results in cheating or misrepresentation or which allows any 

other disreputable tactics that detract from the fair nature and equal 

chance of participation between gaming players, or which otherwise 

creates an advantage over and above the chance of such gaming activity 

and which affects its outcomes. 

(J) To conduct a gaming activity with, or to allow participation 

in a gaming activity by, an intoxicated or disorderly player. 

(K) To allow or participate in the sale of liquor at gaming sites 

when such sale is prohibited by tribal law. 

(L) To accept consideration other than money, personal checks or 

other approved consideration for the chance to play or participate in 

any gaming activity. 

(M) To use bogus or counterfeit chips or charitable gaming 

tickets, or to substitute or use any cards, charitable gaming tickets or 

gaming equipmentthat has been marked or tampered with. 

(N) To employ or possess any cheating device or to facilitate 

cheating in any gaming activity. 

(0) To willfully use any fraudulent scheme or technique to change 

the odds of any game of chance. The technique known as "card counting" 

is specific grounds for barring a patron from the casino. 

(P) To solicit, directly or indirectly, or to use, inside 

information on the nature or status of any gaming activity for the 

GTB GAMING CODE 38 
benefit of any person. 

(Q) To tamper with a gaming device or attempt to conspire to 

tamper with or manipulate the outcome or the payoff of a gaming device, 

or otherwise interfere with the proper functioning of the machine. 

(R) To alter or counterfeit a gaming license. 

(S) To aid, abet, or conspire with another person knowingly or 

knowingly to cause any person to violate any provision of this Code or 

any rules and regulations adopted hereunder. 

(T) To operate, use or make available to the public any illegal 

gaming device, apparatus, material, or equipment. 

(U) To sell, hold out for sale or transport into or out of the 

jurisdiction of the Tribe any illegal gaming device, apparatus, 

material, or equipment. 

(V) To assist or allow a person who is underage to participate in 

any gaming activity. 

(W) To possess any illegal narcotics or controlled substances on 

any licensed gaming site. 

(X) To steal or attempt to steal funds or other items of value 

from any gaming establishment or from the Tribal Commission. 

(Y) To employ any person at a licensed gaming establishment whom 

the gaming operator knows has been convicted of a gaming crime or a 

crime of fraud. 

(Z) To conspire with or induce any person to violate any of the 

provisions of this Code or any tribal or federal law. 

(AA) No gaming operator or any of his employees or agents shall 

engage in any act, practice, or course of operation which could result 

in a fraud or deceit upon any person. 

(AB) To employ or have on the Reservation any device to facilitate 

cheating in any game of chance. 

(AC) To use any fraudulent scheme or technique knowingly, or to 

solicit, provide, or receive inside information about any gaming 

activity with the intent of benefiting any person. 

(AD) To alter or counterfeit a gaming license. 

(AE) To knowingly aid, abet, or conspire with another person to 

violate or to cause any person to violate any provision of this Code or 

other applicable law. 

(AF) To take, solicit or encourage any action which undermines the 

integrity of any game of chance. 

(AG) No gaming operator shall employ any person who has been 

convicted of or entered a plea of nolo contendere to a crime of theft, 

embezzlement, fraud, a gaming crime or any other crime which, if 

GTB GAMING CODE 39 
perpetrated on the gaming operator's premises would threaten the 

fairness or integrity of the game or create a threat to the public. 

8.3 Criminal Violation. Any Indian who violates or fails to 

comply with any provisilon of this Code, or who fails to comply with any order 

or decision of the Tribal Commission, shall be guilty of a crime and shall be 

required to pay a maximum fine of $5,000 or to serve 2 years imprisonment, or 

both. Each day during which such violation or failure to comply continues 

shall constitute a separate violation of this Code. 

8.4 Civil Violation. Any person who violates or fails to comply 

with any provision of this Code, or who fails or neglects to comply with any 

order of the Tribal Commission, shall be liable for a civil fine not to 

exceed $5,000 for each violation thereof. Each day during which such 

violation or failure to comply continues shall constitute a separate 

violation of this Code. The amount of any such civil fine may be recovered 

in a civil action in the Tribal Court. 

8.5 Cumulative Fines. All civil fines accruing under this Code 

shall be cumulative and a suit for the recovery of one fine shall not bar or 

affect the recovery of any other fine, or judgment, penalty, forfeiture or 

damages, nor bar the power of the Tribal Court to punish for contempt, nor 

bar any criminal prosecution. 

8.6 Purpose of Civil Penalties. The civil fines imposed under 

this Code are intended to be remedial and not punitive and are designed to 

compensate the Tribe for the damage done to the peace, security, economy and 

general welfare of the Tribe and the Reservation, and to compensate the Tribe 

for costs incurred by the Tribe in enforcing this Code. The civil fines 

under this Code are also intended to coerce persons into complying with this 

Code and Tribal Commission regulations and are not intended to punish such 

persons for violation of such laws and regulations. 

8.7 Civil Action for Penalties. In enforcing the civil infraction 

provisions of this Code, the Tribal Commission shall proceed, in the name of 

the Tribe, by civil complaint pursuant to the provisions of this Code. The 

Tribal Commission in such action shall have the burden of showing, by a 

preponderance of the evidence, that such person violated the applicable 

provision of this Code. 

8.8 Seizure and Forfeiture of Property. All property utilized in 

violation of this Code shall be subject to seizure and forfeiture by order of 

the Tribal Court. 

8.9 Notice to en banc Tribal Commission. Upon final order of the 

tribal court in any action for criminal or civil violation under this 

Section, the Clerk of the Tribal Court shall notify the en banc Tribal 

Commission in writing of the final court disposition. 

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

9.1 Management by a Gaming Manager. 

(A) The Tribal Council shall appoint or delegate the 

responsibility for appointing one person to serve as gaming manager of 

each tribally-owned or tribally-operated gaming facility. The gaming 

manager shall undergo a background investigation by the four 

Commissioners charged with the background investigation regulatory 

GTB GAMING CODE 40 
function and shall obtain an employee gaming license from the en banc 

Tribal Commission before commencing work. The three Commissioners 

charged with the operation function under Section 4.15(D) of this Code 

shall be the direct supervisor of the gaming manager. The en banc 

Tribal Commission shall retain the authority to suspend or dismiss the 

gaming manager for a violation of this gaming code. 

(B) The gaming manager shall be responsible for managing and 

overseeing the day-to-day operations of the gaming operation. The 

gaming manager shall have such authority as the en banc Tribal 

Commission may delegate by written rules. 

(C) The gaming manager shall provide a written monthly report to 

the three member operating Commissioners 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. 

9.2 Use of Net Revenue of Tribally-Owned or Tribally-Operated 

Gaming Activities. 

(A) All net revenue of a tribally-owned or tribally-operated 

gaming activity shall be held in the name of the Tribe. Such net 

revenue 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. 

(4) To donate to charitable organizations. 

(5) To help to fund operations of local government agencies. 

9.3 Audit Requirements. 

(A) The en banc Tribal Commission and the gaming manager of each 

tribally-owned or tribally-operated gaming activity shall obtain an 

annual independent audit of such gaming activity. A copy of such audit 

shall be provided to the en banc Tribal Commission, the Tribal Council 

and the National Indian Gaming Commission. 

(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 audit. A copy of 

such audit will be provided to the en banc Tribal Commission, the Tribal 

Council and the National Indian Gaming Commission. 

9.4 Additional Requirements for Operation of Tribally-Owned or 

Tribally-Operated Games. 

(A) Any cash winning of an amount under $25,000.00 shall be paid 

in cash or check and shall be paid on the date it is won. Each patron's 

GTB GAMING CODE 41 
winnings of an amount over $25,000.00 shall be paid by check and shall 

be paid within 72 hours after it is won. 

(B) The gaming facilities shall comply with all applicable 

provisions of the: Bank Secrecy Act, P.L. 91-508, October 26, 1970, 31 

U.S.C. § 5311-5314, as determined by the en banc Tribal Commission. 

(C) Each tribally-owned or tribally-operated gaming facility shall 

carry sufficient liability insurance to protect the public in the event 

of an accident. The en banc Tribal Commission shall determine the 

amount of liability insurance required for each gaming facility. 

(D) Each tribally-owned or tribally-operated gaming activity shall 

post the rules of play of each game in a conspicuous place where gaming 

is conducted and shall make written copies of such rules available to 

any member of the general public upon request. 

Section 10. Authorized Games. 

Consistent with applicable law, the Tribe authorizes the licensing of 

the following games of chance: 

(A) Bingo. 

(B) Twenty-one or Blackjack. 

(C) Poker. 

(D) Craps and related dice games. 

(E) Roulette. 

(F) Banking card games that are not otherwise treated as class I1 

gaming in Michigan pursuant to 25 U.S.C. Section 2703(7) (c), 

and non-banking card games played by any Michigan tribe on or 

before May 1, 1988. 

Electronic games of chance featuring coin drop and pay out as 

well as printed tabulations, whereby the software of the 

device predetermines the presence or lack of a winning 

combination and pay out. Electronic games of chance are 

defined as a microprocessor-controlled electronic device which 

allows a player to play games of chance, which may be a£ fected 

by an element of skill, activated by the insertion of a coin 

or currency, or by the use of credit, and awards games 

credits, cash, tokens, or replays, or a written statement of 

the player's accumulated credits, which written statements are 

redeemable for cash. 

(H) Keno. 

(I) Interactive satellite or telephonic games of chance. 

(J) All other games of chance that may be authorized under a 

Tribal/State Gaming Compact with the State of Michigan pursuant to the 

IGRA. 

GTB GAMING CODE 
Section 11. Electronic Devices or Service Provider Licenses. 

11.1 Applicability. This section and Code applies to all suppliers 

of electronic gaming devices engaged in the sale of, or service thereto, of 

electronic gaming within the jurisdiction of the Tribe. Any application for 

a vendor license pursuant to this Code and participation in the sale of 

electronic gaming devices to the Tribe, or service thereof, shall be deemed 

to be a consent to thejurisdiction of the Tribe and the Tribal Court in all 

matters arising from the conduct of such activities and all matters arising 

under any of the provisions of this Code or other Tribal laws. A license 

under this Code is a privilege and not a right. 

11.2 Licenses Required. No person shall sell or provide service to 

an electronic gaming device within the jurisdiction of the Tribe unless such 

person is licensed by the Tribe. 

11.3 Types of Licenses. The Tribe shall issue each of the 

following types of electronic gaming licenses: 

(A) Vendor License; 

(B) Service License; and 

(C) Vendor/Service License. 

11.4 Application Procedures. 

(A) Application For a Vendor License, Service License, or 

Vendor/Service License. For any proposed sale or service of an 

electronic gaming device, the proposed licensee shall file with the en 

banc Tribal Commission an application entitled "Vendor Disclosure Formu 

which shall cont'ain the name of the proposed vendor/licensee, its 

location, financial history, controlling principals, legal entity and 

criminal background investigation, and all other pertinent information 

required by this Code and Tribal Commission regulations. 

11.5 Criteria Which A Potential Gaming Operator Must Meet. The en 

banc Tribal Commission shall issue the above license to any vendor, service 

provider or vendor/servicer only if one of the following criteria are met: 

(A) The vendor, service provider or vendor/servicer is licensed to 

sell and/or service electronic gaming equipment in the State of Nevada 

or the State of New Jersey; or 

(B) The principals and all employees of the principals, all 

primary management officials and all key employees have passed the 

background investigations and obtained a license required under this 

Code. Each application must state in writing that all future management 

officials and key employees will be required to pass background 

investigations and obtain a license under this Code. 

11.6 License Application Fee. 

(A) All vendors and vendor/servicers shall pay an application 

license fee of $500.00. 

(B) All service providers shall pay a license application fee of 

$lOO.OO. 

GTB GAMING CODE 43 
11.7 Form of License. Every license under this section shall be 

issued by the en banc Tribal Commission and shall include the name and 

address of the authorized licensee and the signature of an authorized officer 

of the en banc Tribal Commission. 

11.8 Scope of License. A license issued by the en banc Tribal 

Commission shall be effective only for the specific purpose state in the 

license. Such license is not transferrable. 

11.9 Term of License. Each license shall be valid for one year. 

11.10 License Renewal. Each license must be renewed every year. A 

renewal fee of $100.00 shall be applied to vendor and vendor/servicer 

licenses. A renewal fee of $25.00 shall be applied for a service provider. 

No renewal application shall be approved until the Annual Rewort, required by 

subsection 11.11, has been properly filed. 

11.11 Annual Reports. Each licensee must file an annual report with 

the en banc Tribal Commission between the 15th day and the last day of the 

12th month duration of each such license. The report shall be submitted to 

the Tribal Commission in an Annual Report form provided by the Tribal 

Commission. 

11.12 Procedure to Remedy License Violations. If the en banc Tribal 

Commission finds that a vendor, service provider, or vendor/service provider 

is operating in violation of this Code or otherwise presents a threat to the 

Tribe or the public, the en banc Tribal Commission shall immediately take all 

necessary steps to bring such activity into compliance including, but not 

limited to, closing down such activity temporarily or permanently pursuant to 

enforcement procedures and regulations promulgated by the en banc Tribal 

Commission under this Code. Nothing contained in this section or in this 

Code shall be construed as limiting, restraining, or effecting a waiver of 

the Tribe or of the Tribal Council's right and authority to take appropriate 

action to remedy any gaming violation pursuant to Tribal and federal law. 

11.13 Application to GTB/EDA Employees. The provisions of Section 

11.1-11.12 of this Code do not apply to employees of the GTB/EDA who are 

licensed under the gaming code as key employees or primary management 

officials. 

Section 12. Procedure for a Certificate of Rehabilitation for the Limited 

Purpose of Obtaining a GTB Gaming License. 

12.1 Applicability. This section and Code applies only to all 

Tribal members of the Grand Traverse Band of Ottawa and Chippewa Indians. Any 

application for a Certificate of Rehabilitation for the limited purpose of 

obtaining a GTB Gaming License shall be deemed to be a consent to the 

jurisdiction of the Tribe and the en banc Tribal Commission in all matters 

arising from the conduct of such activities and all matters arising under any 

of the provisions of t,his Code or other Tribal laws. 

12.2 GTB Gaming License. Consistent with Section 6.3 (A) of this 

Code, all employees shall obtain a GTB Gaming License. The en banc Tribal 

Commission shall apply Sections 4 (D) (2) - (4) of the GTB/~ichigan gaming 

compact which provides that: 

"The Tribe may not license ... any person who: ... 

GTB GAMING CODE 
(2) Has been convicted of or entered a plea of guilty or no 

contest to : a gambling-related offense, fraud or 

misrepresentation; or 

(3) Has been convicted of or entered a plea of guilty or no 

contest to any offense not specified in subparagraph (2) 

within the immediately preceding five years; this 

provision shall not apply if that person has been 

pardoned by the Governor of the State where the 

conviction occurred or, if a tribal member, has been 

determined by the Tribe to be a person who is not likely 

again to engage in any offensive or criminal course of 

conduct and the public good does not require that the 

applicant be denied a license as a key employee or 

primary management official; or 

(4) Is determined by the Tribe to have participated in 

organized crime or unlawful gambling or whose prior 

activities, criminal record, reputation, habits, and/or 

associations pose a threat to the public interest or to 

the effective regulation and control of gaming, or create 

or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods and activities in the conduct of 

gaming or to the carrying on of the business and 

financial arrangements incidental to the conduct of 

gaming. " 

If the applicant for a GTB Gaming License is disqualified by the en banc 

Tribal Commission because of a criminal conviction, guilty plea or entrance 

of a plea of no contest which would be deemed a disqualifying event under 

Section 4 (D) (2) - (4) of the GTB/Michigan compact, then the applicant, if he or 

she meets the categorical standards of 12.1 herein, may apply for a 

Certificate of Rehabilitation from the Tribal Commission for purposes of 

obtaining a GTB Gaming License. 

12.3 Certificate of Rehabilitation. The en banc Tribal Commission 

shall have the power to issue a Certificate of Rehabilitation to those 

applicants identified in Section 12.1 of this Code for purposes of issuing a 

GTB Gaming License. 

12.4 Standards for Issuing a Certificate of Rehabilitation. The en 

banc Tribal Commission shall issue the above Certificate of Rehabilitation to 

any applicant who has been deemed disqualified by the four Commissioners 

charged with the responsibility of enforcing Section 6 of this Code because 

of the application of Sections 4 (D) (2) - (4) of the GTB/Michigan gaming compact 

upon a showing that the following criteria have been met by the applicant: 

(A) If the applicant is a member of the Grand Traverse Band of 

Ottawa and Chippewa Indians; and 

(B) If the applicant has been convicted of a misdemeanor, plead 

guilty or entered a plea of no contest within the last five years and 

the conviction, plea of guilty or no contest does not relate to theft, 

fraud, or misrepresentation; and 

(C) If the applicant has been disqualified based upon a felony 

conviction, plead guilty or entered a plea of no contest, or based upon 

a gambling-related offense, theft, fraud, or misrepresentation 

GTB GAMING CODE 45 
conviction, pleadguilty, or entered a plea of no contest, then if that 

felony or offense is more than ten (10) years old, said felony or 

offense shall not' be considered as a disqualifying factor. 

(D) The en banc Tribal Commission may then issue a Certificate of 

Rehabilitation upon a finding that the particular circumstances and 

behavior of the applicant balanced against the public welfare 

demonstrates the applicant's fitness to serve as a primary management 

official or key employee. 

Section 13. Financing of Capital Improvements. 

GTB POLICY 

No license 

License only with 

Certificate of 

Rehabilitation 

No license 

License only with 

Certificate of 

Rehabilitation 

License only with 

Certificate of 

Rehabilitation 

License 

CRIME 

FELONY : 

I 

FELONY : 

THEFT, FRAUD, 

MISREPRESENTATION, OR 

GAMBLING RELATED OFFENSE: 

THEFT, FRAUD, 

MISREPRESENTATION, OR 

GAMBLING RELATED OFFENSE: 

MISDEMEANOR NOT THEFT, 

FRAUD, MISREPRESENTATION, 

OR GAMBLING RELATED 

OFFENSE : 

MISDEMEANOR NOT THEFT, 

FRAUD, MISREPRESENTATION, 

OR GAMBLING RELATED 

OFFENSE : 

13.1 Financing Authority. The en banc Tribal Commission shall 

carry out the financing authority conferred upon it in Section 4.18 (AA) in 

accordance with this Section 13. 

ELAPSED TIME 

Within past 10 years 

More than 10 years 

Within past 10 years 

More than 10 years 

Within past 5 years 

More than 5 years 

13.2 Borrowing. Subject to the limitations set forth in this 

Section 13.2, the en banc Tribal Commission shall have the power to borrow 

money and incur indebtedness by issuing its obligations, in its own name or 

in the name of and on behalf of the Tribe, for purposes of acquiring, 

constructing, maintaining, managing and improving any capital facilities 

within Tribal lands and owned or to be owned by the Tribe or the en banc 

Tribal Commission. Such obligations shall be issued and sold in such manner 

and shall be in the amount and form and bear interest at the rate or rates 

set by the en banc Tribal Commission. Each such obligation must be approved 

by the Tribal Council prior to its issuance. 

(A) All such obligations shall be payable solely from revenues, 

income, receipts and profits derived by the en banc Tribal Commission 

from projects or facilities operated by it whether or not such projects 

were financed in whole or in part with the revenue of such obligations; 

from the revenue of evidences of indebtedness issued and sold by the en 

GTB GAMING CODE 46 
banc Tribal Commission which are payable solely from any of such 

revenues, income, receipts and profits; or from federal or state grants 

or other money received by the Tribe and allocated to the en banc Tribal 

Commission by the Tribal Council. The en banc Tribal Commission may 

further secure such obligations with any assets of the en banc Tribal 

Commission as the, en banc Tribal Commission may specifically pledge to 

the payment of the obligations in accordance with Section 4.18(AA). 

(B) The en banc Tribal Commission is without power to pledge or 

encumber any other revenues, income or assets of the Tribe, or any other 

organization or instrumentality of the Tribe, to the repayment of such 

obligations. The Tribal Council may, if it deems it to be in the best 

interests of the Tribe to do so, pledge to the payment of any such 

obligations such specific revenues, income or assets of the Tribe as it 

may deem appropriate. In any event, no such obligations shall be 

payable from, or be a charge upon, any funds other than the revenues 

specifically pledged to the payment thereof, nor shall the Tribe be 

liable thereon other than to the extent specifically provided in 

accordance with this subsection, and such limitation shall be expressly 

stated in each such obligation. 

(C) The en banc Tribal Commission, with the approval of the Tribal 

Council, may provide for the refunding of any obligation of the en banc 

Tribal Commission through the issuance of other obligations of the en 

banc Tribal Commission, entitled to rights and priorities similar in all 

respects to those held by the obligations that are refunded. 

(D) In connection with the issuance of any such obligations, the 

en banc Tribal Commission is authorized to consent to be sued in 

accordance with, and subject to the limitations provided in, Section 

4.8. As provided in Section 4 -7, the en banc Tribal Commission is 

without power to waive the sovereign immunity of the Tribe, to consent 

to the jurisdiction of any court over the Tribe, or to the levy of any 

judgment, lien or attachment upon any property or income of the en banc 

Tribal Commission, the Tribe or any other organization or 

instrumentality of the Tribe other than that specifically pledged or 

assigned. 

(E) No member of the en banc Tribal Commission, no member of the 

Tribal Council, and no officer, employee or agent of the en banc Tribal 

Commission or the Tribe, shall be personally liable for any of the 

obligations or indebtedness of the en banc Tribal Commission. 

Section 14. Drug and Alcohol Testing. The en banc Tribal Commission is 

committed to providing a work environment free from the effects of alcohol 

and illegal drugs. The Tribe is also committed to providing employees who 

abuse alcohol or use illegal drugs the opportunity for rehabilitation. 

Consistent with this philosophy, the en banc Tribal Commission shall 

implement comprehensive drug and alcohol testing for all applicants for 

employment and for all employees and Commissioners connected with the gaming 

enterprise. 

14.1. All applicants for employment in licensed positions shall be 

required to submit to a drug and alcohol test as a condition of obtaining a 

gaming license. All applicants for employment in nonlicensed positions shall 

be required to submit to a drug and alcohol test as a condition of 

employment. Testing shall be in accordance with the rules and regulations of 

the en banc Tribal Commission. 

GTB GAMING CODE 47 
14.2. Employees shall be required to submit to drug and alcohol testing 

in accordance with the rules and regulations of the en banc Tribal 

Commission. 

14.3. Refusal by an applicant for employment to submit to a drug and 

alcohol test shall be grounds for the denial of a gaming license and, in the 

case of a nonlicensed position, for the denial of employment. Refusal by an 

employee to submit to a drug and alcohol test shall be grounds for 

termination of employment. 

14.4. In the case of an applicant for employment, a positive test 

result shall be grounds for the denial of a gaming license and/or the denial 

of employment. In the case of an employee, a positive test result shall not 

result in termination of employment where such result is the employee's first 

positive test result on a drug or alcohol test required by the en banc Tribal 

Commission, unless: 

(A) the en banc Tribal Commission has given the employee the 

opportunity to participate, at the employee's own expense, in a drug or 

alcohol counseling or rehabilitation program, whichever is more 

appropriate; and 

(B) the employee has either refused to participate in the 

counseling or rehabilitation program or has failed to complete the 

program successfully. 

14.5. The en banc Tribal Commission shall develop procedures and forms 

consistent with this Code. 

GTB GAMING CODE