Lower Sioux Indian Community in Minnesota

Tribal Gaming Ordinance

[Revised April 28, 2010, Resolution 10-88, and July 8, 2010, Resolution 10-111]

[Approved by National Indian Gaming Commission, August 3, 2010]

Table of Contents

I. Purpose 

II. Definitions 

III. Gaming Authorized 

IV. Ownership of Gaming 

V. Use of Gaming Revenue 

VI. Gaming Commission 

VII. Ethics 

VIII. Complimentary Items 

IX. Audit 

X. Environment and Public Health and Safety 

XI. Dispute Resolution 

XII. Licenses for Key Employees and Primary Management Officials 

A. Scope 

B. Application Forms 

C. Background Investigations 

D. Eligibility Determination 

E. Procedures for Forwarding Applications and Reports for Key Employees and Primary 

Management Officials to the NIGC 

F. Report to the NIGC 

G. Granting a Gaming License 

H. License Suspension 

I. Board of Review for Disputes 
XIII. Licenses for Vendors 

XIV. Minimum Internal Control Standards 

XV. License Locations 

XVI. Agent for Service of Process 

XVII. Compliance with Federal Law 

XVII. Repeal 

I. Purpose.

The Lower Sioux Indian Community empowered by Community’s Constitution hereby enacts

this ordinance in order to regulate gaming activities within the Community’s jurisdiction. 

II. Definitions.

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein shall 

have the same meaning as defined in the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 

§2701 et seq., and its regulations, 25 C.F.R. § 500 et seq. Specifically: 

A. “Class I gaming” means social games 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 celebrations. 

B. “Class II gaming” has the same definition as laid out in 25 U.S.C. § 2703(7)(A) and 

means

1. the game of chance commonly known as bingo (whether or not electronic, computer, 

or other technologic aids are used in connection therewith): 

i. which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

ii. in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically 

determined, and 

iii. 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, and 

2. card games that --

i. are explicitly authorized by the laws of the State, or 
ii. are not explicitly prohibited by the laws of the State and are played at any 

location in the State, but only if such card games are played in conformity 

with those laws and regulations (if any) of the State regarding hours or 

periods of operation of such card games or limitations on wagers or pot 

sizes in such card games. 

3. The term "Class II gaming" does not include: 

i. any banking card games, including baccarat, chemin de fer, or blackjack 

(21), or 

ii. electronic or electromechanical facsimiles of any game of chance or slot 

machines of any kind. 

C. “Class III gaming” means all forms of gaming that are not class I gaming or class 

II gaming. 

D. “Commission” means the Lower Sioux Community Council acting as the 

Community’s Tribal Gaming Commission, performing regulatory oversight and 

monitoring, in compliance with Tribal, federal, and applicable State regulations. 

E. “Commissioner” means a member of the Lower Sioux Community Council, 

acting as a Tribal Gaming Commissioner. 

F. “Compact” means a Tribal-State Compact concerning class III gaming approved 

pursuant to 25 U S.C. § 2710(d). 

G. “Complimentary” means a service or item provided at no cost, or at a reduced 

cost, to a customer “Community Council” means the Community Council of the Lower 

Sioux Indian Community.

H. “Directly related to” means a spouse, child, parent, grandparent, or grandchild. 

I. “Director” means a Member of the Tribal Gaming Board of Directors. 

J. “Indian lands” means:

1. all lands within the limits of any Indian reservation; and 

2. any lands title to which is either held in trust by the United States for the benefit 

of any Indian Tribe or individual or held by any Indian Tribe or individual subject 

to restriction by the United States against alienation and over which an Indian 

Tribe exercises governmental power. 

K. “Indian Tribe” means the Lower Sioux Indian Community. 

L. “Key Employee” means:
1. A person who performs one or more of the following functions: 

i. Bingo caller; 

ii. Counting room supervisor; 

iii. Chief of security; 

iv. Custodian of gaming supplies or cash; 

v. Floor manager; 

vi. Pit boss; 

vii. Dealer; 

viii. Croupier; 

ix. Approver of credit; or 

x. Custodian of gambling devices including persons with access to 

cash and accounting records within such devices; 

2. If not otherwise included, any other person whose total cash compensation is 

in excess of $50,000 per year; or 

3. If not otherwise included, the four most highly compensated persons in the 

gaming operation. 

M. “Net Revenues” means gross gaming revenues of an Indian gaming operation less 

1. Amounts paid out as, or paid for, prizes; and 

2. Total gaming-related operating expenses, excluding management fees. 

N. “Per Capita Payment” means the distribution of money or other thing of value to 

all members of the Community, or to identified groups of members, which is paid 

directly from the net revenues of any tribal gaming activity. 

O. “Primary Management Official” means --

1. The person(s) having management responsibility for a management contract; 

2. Any person who has authority: 

i. To hire and fire employees; or 

ii. To set up working policy for the gaming operation; or 

3. The chief financial officer or other person who has financial management 

responsibility. 
III. Gaming Authorized. 

Class II and Class III gaming are hereby authorized. 

IV. Ownership. 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of 

any gaming operation authorized by this ordinance. 

V. Use of Gaming Revenue.

A. Net revenues from tribal gaming shall be used only for the following purposes: 

1. to fund tribal government operations and 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; or 

5. to help fund operations of local government agencies. 

B. Any Community Per Capita Payments to tribal members shall be in accordance 

with a plan submitted to and approved by the Secretary of the Interior under 25 U.S.C. § 

2710(b)(3). 

C. The Community shall ensure that the interests of minors and other legally 

incompetent persons who are entitled to receive any per capita payments under a Tribal 

per capita payment plan are protected and preserved, and that the per capita payments are 

disbursed to the parents or legal guardian of such minors or legal incompetents in such 

amounts as may be necessary for the health, education, or welfare of the minor or other 

legally incompetent person, under a plan approved by the Community Council and the 

Secretary of the Interior. 

VI. Gaming Commission.

A. The Community hereby establishes a Tribal Gaming Commission whose duty it is 

to regulate tribal gaming operations. The Tribal Gaming Commission shall be the 

Community Council. 

B. The purpose of the Tribal Gaming Commission is regulatory, not managerial. The 

Tribal Gaming Commission will conduct oversight to ensure compliance with Tribal, 

Federal, and, if applicable, State laws and regulations. The Tribal Gaming Commission 

will serve as the icensing authority for individuals employed in the gaming operation and 

administer background investigations as part of the licensing process. The Tribal Gaming

Commission will also have a role in monitoring compliance with the internal control 

standards for the gaming operation and in tracking revenues. In order to carry out its 

regulatory duties, the Tribal Gaming Commission shall have unrestricted access to all 
areas of the gaming operation and to all records. The Tribal Gaming Commission shall 

have authority to take enforcement actions, including suspension or revocation of an 

individual gaming license when appropriate. 

C. The Community recognizes the importance of an independent Tribal Gaming 

Commission in maintaining a well-regulated gaming operation. To avoid potential 

conflicts of interest between the operation and regulation of the gaming facility, the 

Community hereby finds that, at a minimum, members of the Gaming Commission are 

prohibited from accepting complimentary items from the gaming operation. 

D. The Tribal Gaming Commission shall: 

1. Conduct or cause background investigations to be conducted on, at a minimum, 

primary management officials and key employees; 

2. Review and approve all investigative work conducted; 

3. Report results of background investigations to the NIGC; 

4. Obtain and process fingerprints, or designate a law enforcement agency to obtain 

and process fingerprints; 

5. Make suitability determinations, which shall be signed by the Chairperson of the 

Tribal Gaming Commission; 

6. Issue gaming licenses to management officials and employees of the operation, 

consistent with the suitability determination; 

7. Inspect, examine and monitor all gaming activities, and have immediate access to 

review, inspect, examine, photocopy and audit all records of the gaming 

stablishment; 

8. Ensure compliance with all Tribal, State, and Federal laws, rules, and regulations 

regarding Indian gaming; 

9. Investigate any suspicion of wrongdoing associated with any gaming activities; 

10. Hold hearings on patron and/or employee complaints, in compliance with 

procedures established in the gaming ordinance and other Tribal gaming 

regulations; 

11. Comply with any and all reporting requirements under the IGRA, any Tribal-State 

Compact to which the Community is a party, and any other applicable law; 

12. Promulgate and issue regu1ations necessary to comply with the Community and 

the NIGC's Minimum Internal Control Standards (MICS); 

13. Promulgate and issue regulations on the levying of fees and/or taxes associated 

with gaming license applications; 
14. Promulgate and issue regulations on the levying of fines and/or suspension or

revocation of gaming licenses for violations of the gaming ordinance, or any other 

Tribal, Federal, or State, if applicable, gaming regulations; and 

15. Perform such other duties that the Tribal Gaming Commission deems appropriate 

for the proper regulation of the Tribal gaming operation. 

E. The Tribal Gaming Commission shall ensure that all records and information 

obtained as a result of all employee background investigations shall remain 

confidential and shall not be disclosed to persons who are not directly involved in the 

licensing process. Under no circumstances shall information obtained during the 

course of an employee background investigation be disclosed to members of 

management, human resource personnel or others employed by the tribal gaming 

operation. This Section shall not apply to requests for such information or records 

from any Tribal, Federal or State law enforcement or regulatory agency, or for the 

use of such information or records by the Tribal Gaming Commission and its staff in 

the performance of their official duties. 

F. A majority of the Tribal Gaming Commission shall constitute a quorum. The 

concurrence of a majority of the members appointed to the Tribal Gaming Commission 

shall be required for any final determination by the Tribal Gaming Commission. The 

Tribal Gaming Commission may act in its official capacity even if there are vacancies on 

the Commission. 

G. Tribal Gaming Commissioners shall be compensated at a level determined by the 

Community Council. This compensation shall be included in the gaming operation's 

annual estimated budget, and shall be approved by the Community Council. Tribal 

Gaming Commissioner compensation shall not be based on a percentage of gaming 

revenue to ensure the Tribal Gaming Commission is not improperly influenced. 

H. The Tribal Gaming Commission shall keep a written record of all its meetings.

VII. Ethics.

A. The Community recognizes that the duties of the Tribal Gaming Commission 

include making important decisions on highly sensitive issues. As such, the 

Community has determined that the Gaming Commission shall be held to 

extremely high ethical standards. Prior to taking their positions, Tribal Gaming 

Commissioners shall agree to be bound by the following principles: 

1. Tribal Gaming Commissioners shall not hold financial interests that 

conflict with the conscientious performance of their duties as managers 

and regulators. 

2. Tribal Gaming Commissioners shall not engage in financial transactions 

using nonpublic information or allow the improper use of such 

information by others on their behalf to further any private interest. 
3. Tribal Gaming Commissioners shall not solicit or accept any gift or other 

item of monetary value, including complimentary items (see Section VIII, 

below), from any person or entity seeking official action or inaction from, 

doing business with, or conducting activities regulated by the member's 

organization, or whose interests may be substantially affected by the 

performance or nonperformance of the Members' duties. 

4. Tribal Gaming Commissioners shall make no unauthorized commitments 

or promises of any kind purporting to bind the Community. 

5. Tribal Gaming Commissioners shall not use their positions for private 

gain. 

6. Tribal Gaming Commissioners shall act impartially, in accordance with all 

relevant Triba1, Federal, and State laws (where applicable), and shall not 

give preferential treatment to any private organization or individual, 

including to any persons related to Tribal Gaming Commissioners. 

7. Tribal Gaming Commissioners shall ensure that Tribal property and 

gaming assets shall be properly segregated and safeguarded, and that such 

property and assets shall not be used for unauthorized activities. 

8. Tribal Gaming Commissioners shall not engage in outside employment or 

activities, including seeking or negotiating for future employment, which 

conflict with their official duties and responsibilities. 

9. Tribal Gaming Commissioners shall disclose waste, fraud, abuse, and 

corruption to appropriate authorities. 

10. Tribal Gaming Commissioners shall endeavor to avoid any actions 

creating the appearance that they are violating the law or the ethical 

standards listed herein. 

11. In the event that a Tribal Gaming Commissioner initiates a proceeding 

before the Commission, or is otherwise the subject of a proceeding before 

the Commission, that Commissioner shall recuse himself or herself, and 

shall take no part in the Commission’s consideration of the issues in that 

proceeding.

VIII. Complimentary Items.

A. The use of complimentary items shall be governed by regulations established by 

the Tribal Gaming Commission, which shall be in accord with the NIGC's Minimum 

Internal Control Standards, found at 25 C.F.R. § 542.17. 

B. No Key Employee, Primary Management Official, Community Council member, 

or Tribal Gaming Commission or any person directly related to or sharing a residence 

with those persons, shall be authorized to receive complimentary items. 
C. Complimentary Items shall be included in the annual budget for the gaming 

operation, with maximum limits specified, and shall be subject to approval by the 

Community Council. 

IX. Audit.

A. The Community shall cause an annual outside independent audit of gaming 

operations to be conducted, and shall submit the resulting audit reports to the National 

Indian Gaming Commission. 

B. All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services shall be specifically included within the scope of the audit that is 

described in subsection A above. 

X. Environment and Public Health and Safety. 

Gaming facilities shall be constructed, maintained and operated in a manner that 

adequately protects the environment and the public health and safety. [25 C F.R. § 

522.4(b)(7)] 

XI. Dispute Resolution. 

Patrons who have complaints against the gaming establishment, a gaming employee, or a 

management contractor shall have as their sole remedy the right to file a petition for relief 

with the Tribal Gaming Commission. Complaints shall be submitted in writing, and at the 

discretion of the Commission, the petitioner may be allowed to present evidence. The 

Tribal Gaming Commission shall hold a hearing within thirty (30) days of receipt of 

petitioner’s complaint. The Tribal Commission shall render a decision in a timely fashion 

and all such decisions will be final when issued. 

XII. Licenses for Key Employees and Primary Management Officials.

A. Scope. The Tribe shall ensure that the policies and procedures set out in this section 

are implemented with respect to key employees and primary management officials 

employed at any gaming enterprise operated on Indian lands. 

B. Application Forms. 

1. The following notice shall be placed on the application form for a key employee or 

a primary management official: 

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 granted a gaming license. The information will be used by the 

Tribe and 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 necessary pursuant to a 

requirement by a Tribe or the National Indian Gaming Commission in connection 

with the issuance or revocation of a gaming license, or investigation 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 Tribe being unable to license 

you for a primary management official or key employee position. The disclosure 

of your Social Security Number (SSN) is voluntary. However, failure to supply a 

SSN may result in errors in processing your application.

The following additional notice shall be placed on the application form for a key

employee or a primary official: “A false statement on any part of your application 

may be grounds for denying a license or the suspension or revocation of a license. 

Also, you may be punished by fine or imprisonment. (U.S. Code, Title18, section

1001). 

The Commission shall notify in writing existing key employees and primary 

management officials that they shall either: 

i. Complete a new application form that contains a Privacy Act notice; or 

ii. Sign a statement that contains the the Privacy Act notice and consent to 

the routine uses described in that notice. .

The Tribe may charge a license fee, to be set by the Tribal Gaming Commission 

to cover its expenses in investigating and licensing Key Employees and Primary 

Management Officials of the gaming operation. 

C. Background Investigations 

1. The Tribal Gaming Commission is responsible for conducting background

investigations, collecting fingerprints, and making eligibility determinations. 

2. According to the terms of a Memorandum of Understanding currently in effect, 

the National Indian Gaming Commission shall run the fingerprints, generate 

reports and provide the results to the Tribal Gaming Commission. 

3. The Tribal Gaming Commission shall request from each primary management 

official and from each key employee all of the following information: 

i. Full name, other names used (oral or written), social security number(s), birth

date, place of birth, citizenship, gender, and languages (spoken or written); 

ii. Currently and for the previous five (5) years: business and employment

positions held, ownership interests in those businesses, business and residence 

addresses, and drivers’ license numbers; 
iii. The names and current addresses of at least three personal references, 

including one personal reference that was acquainted with the applicant during 

each period of residence listed on the application; 

iv. Current business and residence telephone numbers;

v. A description of any existing and previous business relationships with Indian 

Tribes, including ownership interests in those businesses; 

vi. A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interest in those businesses; 

vii. The name and address of any licensing or regulatory agency with which the

person has filed an application for a license or permit related to gaming, 

whether or not such license or permit was granted; 

viii. For each felony for which there was an ongoing prosecution or a conviction, 

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

disposition, if any; 

ix. For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations) within ten (10) years of the date of the 

application, the name and address of the court involved and the date and 

disposition; 

x. For each criminal charge (excluding minor traffic charges), whether or not 

there is a conviction, if such criminal charge is within ten (10) years of the date of 

the application and is not otherwise listed pursuant to paragraph (a)(viii) or (a)(ix) 

of this section, the criminal charge, the name and address of the court involved 

and the date and disposition; 

xi. The name and address of any licensing or regulatory agency with which the 

person has filed an application for an occupational license or permit, whether or 

not such license or permit was granted; 

xii. A photograph taken within the last year; and 

xiii. Any other information the Community deems relevant. 

4. Each applicant for a Key Employee or Primary Management official shall be 

required to have fingerprints taken by the Tribal Gaming Commission as part of 

the license application procedure. 

5. As part of its review procedure, the Tribal Gaming Commission or its authorized 

Agent shall conduct a background investigation on each applicant sufficient to 

allow the Tribal Gaming Commission to make an eligibility determination under 

subsection D below. The investigator shall: 

i. Verify the applicant’s identity through items such as a social security

card, driver’s license, birth certificate or passport; 
ii. Contact each personal and business reference provided in the license 

application, when possible; 

iii. Obtain a personal credit check; 

iv. Conduct a civil history check; 

v. Conduct a criminal history check via the submission of the applicant’s 

fingerprints to the NIGC which shall include a criminal check of the 

history and information maintained by the Federal Bureau of 

Investigation, and further obtain information from the appropriate court 

regarding past felony and/or misdemeanor convictions and criminal 

charges; 

vi. Inquire into any previous or existing business relationships with the 

gaming industry and Indian tribes by contacting the entities or tribes; 

vii. Verify the applicant’s history and status with any licensing agency by 

contacting the agency; and 

viii. Take other appropriate steps to verify the accuracy of the information, 

focusing on problem areas noted. 

6. The investigator shall create an investigative report noting the steps taken, 

information gained, potential problems areas, and disqualifying information.

7. The Tribal Gaming Commission and its investigator shall promise to keep

confidential the identity of each person interviewed in the course of the 

investigation, other than disclosure as required under Federal, Tribal, or State law. 

D. Eligibility Determination.

The Tribal Gaming Commission shall review a person's prior activities, crimina1 record, 

if any, reputation, habits and associations to make a finding concerning the eligibility of a 

key employee or primary management official for employment in a gaming operation. If 

the Tribal Gaming Commission determines that employment of the person poses a threat 

to the public interest or to the effective regulation of gaming, or creates or enhances 

dangers of unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming a tribal gaming operation shall not employ that person in a key 

employee or primary management official position. 

E. Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the National Indian Gaming Commission.

1. When a key employee or primary management official is employed to work at

a gaming operation authorized by this ordinance, the Tribal Gaming Commission 

shall forward to the National Indian Gaming Commission a completed application
for employment and conduct the background investigation and make the 

determination referred to in subsection D of this section. 

2. The gaming operation shall not employ as a key employee or primary

management official a person who does not have a license after ninety (90) days. 

F. Report to the National Indian Gaming Commission. 

1. The Tribal Gaming Commission shall prepare and forward a report on each 

background investigation to the National Indian Gaming Commission. An 

investigative report shall include all of the following: 

i. Steps taken in conducting a background investigation; 

ii. Results obtained; 

iii Conclusions reached; and 

iv. The bases for those conclusions. 

2. The Tribal Gaming Commission shall forward the completed investigative 

report to the National Indian Gaming Commission within sixty (60) days after 

an employee begins work or within sixty (60) days of the approval of this 

ordinance by the Chairman of the National Indian Gaming Commission. 

3. The Tribal Gaming Commission shall submit, with the investigative report, a 

copy of the eligibility determination, unless the N1GC shall have advised the 

Community that the submission of the eligibility determination is not 

necessary. This determination shall include a statement describing how the 

information submitted by the applicant was verified; a statement of results 

following an inquiry into the applicant's prior activities, criminal record, if 

any, and reputation, habits and associations; a Statement showing the results 

of interviews of a sufficient number of knowledgeable people (such as former 

employers, personal references, and others referred to by the applicant) in 

order to provide a basis for the Community to make a finding concerning the 

eligibility for employment in a gaming operation; and a Statement 

documenting the disposition of all potential problem areas noted and 

disqualifying information obtained. If a license is not issued to an applicant, 

the Tribal Gaming Commission: 

i. Shall notify the NIGC; and

ii. Shall forward copies of its eligibility determination and investigative

report (if any) to the NIGC for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to all employees, and in particular Key Employees and primary

management officials, the Tribal Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for inspection by
the Chairman of the NIGC or his or her designee for no less than three (3) years 

from the date of termination of employment. 

G. Granting a Gaming License.

1. If within a thirty (30) day period after the National Indian Gaming

Commission receives a report, the National Indian Gaming Commission notifies 

the Community that it has no objection to the issuance of a license pursuant to a 

license application filed by a key employee or a primary management official for 

whom the Community has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribal Gaming Commission, acting for 

the Community, may issue a license to such applicant.

2. The Tribal Gaming Commission shall respond to a request for additional 

information from the Chairman of the National Indian Gaming Commission 

concerning a key employee or a primary management official who is the 

subject to a report. Such a request shall suspend the thirty (30) day period 

under paragraph G(a) of this section until the Chairman of the National Indian 

Gaming Commission receives the additional information. 

3. If, within the thirty (30) day period described above, the National Indian 

Gaming Commission provides the Community with a Statement itemizing 

objections to the issuance of a license to a key employee or a primary 

management official for whom the Tribal Gaming Commission has provided 

an application and investigative report to the National Indian Gaming 

Commission the Community shall reconsider the application taking into 

account the objections itemized by the National Indian Gaming Commission.

The Community shall make the final decision whether to issue a license to the 

applicant 

H. License Suspension. 

1. If, after the issuance of a gaming license, the Tribal Gaming Commission

receives from the National Indian Gaming Commission reliable information 

indicating that a key employee or a primary management official is not eligible 

for employment, the Tribal Gaming Commission shall suspend such license and 

shall notify in writing the licensee of the suspension and the proposed revocation. 

2. The Tribal Gaming Commission shall notify the licensee of a time and a place 

for a hearing on the proposed revocation of a license. 

3. After revocation hearing, the Tribal Gaming Commission shall decide to 

revoke or to reinstate a gaming license. The Commission shall notify the NIGC of 

its decision. 

I. Board of Review for Disputes.

1. The Community has determined that, in order to adhere to this Ordinance and all

gaming regulations there shall be established a Tribal Gaming Board of Review 
(Board of Review). The Board of Review shall serve as the final review body for 

employee disputes. Employee disputes shall include disputes with management, 

terminations, fines or other internal employee disputes, not to include actions taken 

by the Commission.

2. The Board of Review shall consist of five (5) members. The membership shall be

comprised of two members of the Tribal Gaming Commission, one primary 

management official or key employee, one enrolled Tribal member not employed 

by the gaming operation, and one employee of the gaming operation. The 

members shall be elected from their representative group and shall serve 

staggered terms. The two Tribal members shall serve three-year terms. The 

primary management official or key employee shall serve a two-year term. The 

members from the Tribal Gaming Commission shall serve one-year terms. The 

Community Council shall determine the level of compensation for the Board of 

Review. However, compensation shall never be tied to tribal gaming revenues. 

3. The Board Review members shall elect a Chairperson from among them, whose

duty it shall be to preside over all meetings and hearings. In addition, the 

members shall elect a Vice-Chair who shall be the custodian of any evidence 

submitted, and who shall preside in the Chairperson’s absence. The Board of 

Review shall meet as needed and shall keep official records of the meetings. No 

later than three (3) working days following a hearing on employer disputes, the 

Board of Review shall issue its findings. Findings of the Board shall be final

when issued. 

4. No Board of Review member shall be removed prior to the end of their term 

without cause. Remova1 shall be effectuated by a majority vote of the entire 

Board of Review, and shall be a final decision. Board of Review members shall 

not review any decisions affecting himself/herself or any person directly related to 

him or her.

XIII. Licenses for Vendors.

A. Vendors of services or supplies with a value of $25,000 or more annually must

have a vendor license issued by the Tribal Gaming Commission in order to 

transact business with the Tribal gaming operation. Contracts for professional 

legal and accounting services are excluded from this section. 

B. In order to obtain a vendor license, a business must complete a vendor

application and submit to background checks of itself and its principals. Principals 

of a business include its officers, directors, management, owners, partners, noninstitutional stockholders that either own 10% or more of the stock or are the ten 

(10) largest stockholders, and the on-site supervisor or manager under the 

agreement with the Community, if applicable.

C. Applications for vendor licenses must include the following: 

1. The name of the business, its business address, business phone, federal tax ID

Number (or SSN if a sole proprietorship), its main office address if different 
from business address, any other names that the applicant has done business 

under, and the type of service the applicant will provide; 

2. A statement whether the applicant is a partnership, corporation, limited 

liability company, sole proprietorship, or other entity; 

3. If the applicant is a corporation, the State of its incorporation, and the 

qualification to do business in the State of Minnesota if the business is not 

incorporated in Minnesota;

4. Its trade name, other names it ever has used, and the names of any wholly 

owned subsidiaries or other businesses owned by the vendor or its principals; 

5. A general description of the business and its activities; 

6. A statement whether the applicant will be investing in or loaning money to the 

gaming operation and, if so, how much; 

7. A description of any existing and previous business relationships the applicant 

has or has had with the gaming industry generally, including ownership 

interests in those businesses; 

8. A description of any existing and previous business relationships the applicant 

has or has had with Indian tribes, including ownership, financial, management 

interests in non-gaming activities; 

9. The names, addresses, and phone numbers of three business references with 

whom the applicant had regularly done business for the last five years; 

10. The name and address of any licensing or regulatory agency with which the 

applicant has filed an application for a license or permit related to gaming, 

whether or not such license or permit was granted; 

11. If the applicant has ever had a license revoked for any reason, a statement of 

the circumstances involved; 

12. A list of lawsuits in which the applicant has been a defendant, including the 

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

lawsuit, if any; 

13. A list of the applicant’s funding sources, together with a list of all of the 

applicant’s liabilities of $50,000 or more; 

14. A list of the principals of the applicant, together with their social security 

numbers, addresses and telephone numbers, their titles, and the percentage of 

their ownership in the company; and 

15. Any further information that the Tribal Gaming Commission deems relevant. 
B. The following notice shall be placed on the application form for a vendor and its 

principals: “Inclusion of false or misleading information on the vendor application 

may be grounds for denial or revocation of the Community's vendor license”.

C. The Community may charge a license fee, to be established by the Tribal Gaming 

Commission, to cover its expenses in investigating and licensing vendors of the 

gaming operation.

XIV. Minimum Internal Control Standards. 

The Community acknowledges its obligation to adopt and implement Minimum Internal Control

Standards (MICS) for the operation of its Tribal gaming operation that are no less stringent than 

those found in the regulations of the NIGC at 25 C.F.R. Part 542. The Community's MICS shall 

be set forth in separate regu1ations to be reviewed and approved by the Community Council. 

XV. License Locations. 

The Tribal Gaming Commission shall issue a separate license to each place, facility, or location 

on Indian lands where gaming is conducted under this ordinance. 

XVII. Agent for Service of Process. 

The Community hereby designates the Community’s President as agent for service of process. 

The President may be contacted at: President of the Lower Sioux Indian Community, R.R. 1, 

Box 1, Morton MN 56270.

XVII. Compliance with Federal Law. 

The Community will comply with all applicable federal law, including the Bank Secrecy Act, 31

U.S.C. §5311 et seq..

XVII. Repeal. 

To the extent that they are inconsistent with this ordinance, all prior gaming ordinances are 

hereby repealed. 

[Enacted November 11, 1993, Resolutions 17-93-94, 18-93-94.] 

[Approved by NIGC November 19, 1993.] 

[Revised February 11, 2000, Resolution 09-00.] 

[Approved by NIGC April 18, 2000.] 

[Revised March 16, 2006, Resolution 06-39.] 

[Approved by NIGC March 28, 2006.] 

[Revised May 6, 2008, Resolutions 08-51, 08-132.] 
[Approved by NIGC October 7, 2008.] 

[Revised , 2009, Resolution 09-430]

[Approved by NIGC, January 29, 1010]

[Revised April 28, 2010, Resolution 10-88, and July 8, 2010, Resolution 10-111]

[Approved by NIGC, August 3, 2010]