USC RESOLUTION NO. 30-97

WHEREAS, The Upper Sioux Community is a federally recognized Indian

Community possessing the powers of self-government and selfdetermination, and is governed by the Constitution of the Upper

Sioux Community; and

WHEREAS, The Upper Sioux Community has an elected governing body called

the Upper Sioux Board of Trustees which is empowered by the

Tribal Constitution to act on behalf of the members of the Upper

Sioux Community; and

The Upper Sioux Community has entered into a compact with the

State of Minnesota under the Indian Gaming Regulatory Act, 25

USC 2701 et. seq. and operates the Firefly Creek Casino on the

Upper Sioux Community reservation near Granite Falls,

Minnesota; and

WHEREAS, The Indian Gaming Regulatory Act requires that the Community

adopt a Gaming Ordinance in compliance with Federal law; and

WHEREAS, The Board of Trustees on January 27, 1997 adopted non

substantive, technical amendments to its Federally approved

Gaming Ordinance to reflect grammatical errors and to provide for

the empowerment of the Gaming Regulations Compliance Board;

and

WHEREAS, On April 22, 1997, the National Indian Gaming Commission

requested further changes to the Upper Sioux Community Gaming

Ordinance; and

WHEREAS, Those changes were approved and incorporated into the Upper

Sioux Community Gaming Ordinance.

(320) 5O4-3853 ~O. Box ~47 Granite Falls, MN 56241 Fax (320) 564-2547

Upper Sioux Community

Board of Trustees

Dallas Ross, Chairman

L. Alan Olson, Vice Chairman

Brad Lerschen, Tribal Secretary

Jeanette Marlow, Treasurer

Tom Ross, Member At Large

WHEREAS,
USC Resolution No. 30-97

THEREFORE BE IT RESOLVED, That the Upper Sioux Community Board of

Trustees does hereby adopt the attached Upper Sioux Community Gaming

Ordinance, regulating Class II and Class III gaming in compliance with the

Indian Gaming Regulatory Act (IGRA) and National Indian Gaming

Commission (NIGC) regulations.

BE IT FURTHER RESOLVED, to the extent that prior gaming laws/ordinances

are inconsistent with the attached Upper Sioux Community Gaming

Ordinance, such gaming laws/Ordinances are now hereby repealed.

CERTIFICATION

We, the undersigned members of the Board of Trustees, do hereby certify that

the foregoing USC Resolution No. 30-97 was duly adopted and approved on

June 4, 1997 by a vote of Five (5) in favor, Zero (0) opposed and Zero (0)

abstentions.

__________

~ :~Ø1JJ~

Dallas Ross, Tribal Chairman Brad Le~schen, Tribal Secretary

Upper Sioux Board of Trustees Upper Sioux Board of Trustees

Page 2
UPPER SIOUX COMMUNITY GAMING ORDINANCE

CONTENTS

TITLE I. GENERA!, PROVISIONS.

Section 100.

Section 101.

Section 102.

Section 103.

Section 104.

Section 105.

Section 106.

Section 107.

Section 108.

Section 109.

Section 110.

Short Title

Purpose

Games Authorized

Ownership of Gaming

Use of Gaming Revenue

Audit

Protection of the Environment

License for Key Employees and Primary Management Officials

License Locations

Definitions

Severability

TITLE II. REGULATIONS AND ENFORCEMENT.

Section 200.

Section 201.

Section 202.

Section 203.

Section 204.

Section 205.

Gaming Regulation Compliance Board

Regulations

Hiring and Training

Hearing Officer

Hearings

Sanctions

TITLE III. LICENSING OF DISTRIBUTORS. EMPLOYEES. FEES

Section 300.

Section 301.

Section 302.

Section 303.

Section 304.

Section 305.

License Required

Applications for License

Machine Leases

Classes of Licenses

Renewal

License Fees

TITLE IV. RULES OF GENERAL APPLICABILITY

Section 400.

Section 401.

Section 402.

Rules of Gaming Operation

Dispute Resolution

Restriction for Gaming Enterprise

TITLE V. RESERVED FOR FITTIJRF. IJSE.
UPPER SIOUX COMMUNITY

GAMING ORDINANCE

LI/v2

-.1

Title I. GENERAL PROVISIONS.

Section 100. Short Title

This Ordinance shall be known as the Upper Sioux Community Gaming Ordinance. It is

promulgated pursuant to Provision 9(H) of the Constitution of the Upper Sioux

Community.

Section 101. Purpose

The purpose of this Ordinance is to regulate the conduct of Class II and Class III gaming

activities on the trust land of the Upper Sioux Community.

(a) All gaming activities shall be conducted exclusively on Indian Lands as defined

by 25 U.S.C § 2703(4) and 25 C.F.R § 502.12, and limited by 25 U.SC. § 2719.

(b) All gaming activities shall be conducted under the exclusive control and

responsibility of the Upper Sioux Community;

Section 102. Gaming Authorized

Class II and Class III gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-

447, 25 U.S.C. Section 2701 et-seq. is hereby authorized.

Section 103. Ownership of Gaming

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

any gaming operation authorized by this Ordinance.

I

(320) 5o4-3853 P.O. Box 147 GranIte Falls, MN 56241 Fax (320) 564-2547
Upper Sioux munity Gaming Ordinance

Section 104. Use of Gaming Revenue

A. Net revenues from Class II and Class III gaming shall be used only for

the following purposes: to fund tribal government operations and

programs, provide for the general welfare of the Tribe and its members;

promote tribal economic development; donate to charitable organizations;

or help fund operations of local government agencies.

B. If the Tribe elects to make per capita payments to tribal members, it shall

authorize such payments only upon approval of a plan submitted to the Secretary

of the Interior under 25 U.S.C. 2710 (b) (3).

C. The Gaming Regulations Compliance Board shall oversee the transfer of funds to

ensure the percentages of the Upper Sioux Community Per Capita Plan are met.

Once this is completed their responsibility for overseeing the proper distribution

of funds ends.

Section 105. Audit

A. The Tribe shall cause to be conducted annually an independent audit of gaming

operations and shall submit the resulting 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 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.

Section 106. Protection of the Environment

Class II and Class III gaming facilities shall be constructed, maintained and operated in a

manner that adequately protects the environment and the public health and safety.

Section 107. Licenses for Key Employees and Primary Management Officials

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 Class IT or Class III gaming enterprise operated on Tribal lands:

2
Upper Sioux C munity Gaming Ordinance

A. Definitions.

For the purpose of this section, the following definitions apply.

Key employee means

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

(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 gaming devices including persons with access

to cash and accounting records within such devices;

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

compensation is in excess of $50,000.00 per year; or

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

persons in the gaming operation.

2. Primary Management Official means

(a) The person having management responsibility for a

management contract;

(b) Any person who has authority:

(1) To hire and fire employees; or

(2) To set up working policy for the gaming operation; or

(c) :The chief financial officer or other person who has financial

management responsibility.

3
Upper Sioux Community Gaming Ordinance

B. Application Forms.

1. The following notices 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 employed in a gaming operation. The information

will be used by National Indian Gaming Commission members and staff who

have need for 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 a tribes

being unable to hire you in 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.

A false statement on any part of your applications may be grounds for not hiring

you, or for firing you after you begin work. Also, you may be punished by fine or

imprisonment (U.S. Code, title 18, section 1001).

2. Existing key employees and primary management officials shall be notified

in writing that they shall either:

a. Complete a new application form that contains a

Privacy Act Notice and a notice regarding false statements; or

b. Sign a, statement that contains the Privacy Act Notice and consent to the

routine described in that notice and sign a statement that contains the

notice regarding false statements.

C. Background Investigations.

1. The Tribe shall request from each primary management official and

from each employee all of the following information:

a. Full name, other names used (oral or written), social security

number(s), birth date, place of birth, citizenship, gender, all

languages (spoken or written);

4
Upper Sioux Community Gaming Ordinance

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

employment positions held, ownership interested on those

businesses, business and residence addresses, and drivers license

numbers;

c. The names and current addresses of at least three personal

references, including one personal reference who was acquainted

with the applicant during each period of residence listed under

paragraph (1)(b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business relationships

with Indian Tribes, including ownership interests in those

businesses;

f. A description of any existing and previous business relationships

with the gaming industry generally, including ownership interests

in those businesses;

g. The name and address of any licensing or regulatory agency with

which the person has filed an application for a license or permit

was granted;

h. For each felony for which there is an ongoing prosecution or a

conviction, the charge, the names and address of the court

involved, and the date and disposition;

i. 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 (1 )(h) or 1(i) of this section,

the criminal charge, the name and addresses of the court

involved and the date and disposition;

j. 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;

k. a current photograph;

1. Any other information the tribe deems relevant; and

5
Upper Sioux Community Gaming Ordinance

m. Fingerprints consistent with procedures adopted by the Tribe

according to 25 C.F.R. 522.2 (h).

2. The Tribe shall conduct an investigation sufficient to make a

determination under subsection D below. In conducting a

background investigation, the Tribe or its agent shall promise to keep

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

investigation.

D. Eligibility Requirements.

The Tribe shall review a persons prior activities, criminal record, if any, and

reputation, habits and association to make a finding concerning the eligibility of a

key employee or primary management official for employment in a gaming

operation. If the Tribe determines that employment of the person poses a threat to

the public interest or to the effective regulations 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 report for Key Employees and

Primary Management Officials to the National Indian Gaming

Commission.

1. When a key employee or primary management official begins work at a

gaming operation authorized by this ordinance, the Tribe 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 Tribe shall forward the report referred to in subsection F of this

section to the National Indian Gaming Commission within 60 days

after an employee begins work or within 60 days of the approval of

this ordinance by the Chairman of the National Indian Gaming

Commission.

3. The gaming operations shall not employ as a key employee or primary

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

6
Upper Sioux Community Gaming Ordinance

F. Report to the National Indian Gaming Commission.

1. Pursuant to the procedures set out in subsection E of this section, the Tribe

shall prepare and forward to the National Indian Gaming Commission

an investigative report on each background investigation. An investigative

report shall include all of the following:

a. Steps taken in conducting a background investigation;

b. Results obtained;

c. Conclusions reached; and

d. The basis for those conclusions.

2. The Tribe shall submit, with the report, a copy of the eligibility

determination made under subsection D of this section.

3. If a license is not issued to an applicant, the Tribe:

a. Shall notify the National Indian Gaming Commission; and

b. May forward copies of its eligibility determination and

investigative report (if any) to the National Indian Gaming

Commission for inclusion in the Indian Gaming Individuals

Records systems.

4. With respect to key employees and primary management officials, the

Tribe shall retain applications for employment and reports (if

any) of background investigations for inspection by the Chairman of the

National Indian Gaming Commission or his or her designee for not less

than three (3) years from the date of termination of employment.

G. Granting A Gaming License.

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

Commission receives a report, the National Indian Gaming Commission

notifies the Tribe that it has no objection to the issuance of a license

pursuant to a license application filed by a key employee or primary

management official for whom the tribe has provided an application

and investigation report to the National Indian Gaming Commission, the

Tribe may issue a license to such applicant.

7
Upper Sioux C unity Gaming Ordinance

2. The Tribe shall respond to a request for additional information from the

Chairman of the National Indian Gaming Commission concerning

a key employee or primary management official who is the subject of a

report. Such a request shall suspend the 30-day period under paragraph G.

1 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 Tribe with a statement itemizing

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

management official for whom the Tribe has provided an application

and investigative report to the National Indian Gaming Commission,

the Tribe shall reconsider the application, taking into account the

objections itemized by the National Indian Gaming Commission. The

Tribe shall make the final decision whether to issue a license to such

applicant.

H. License Suspension.

1. If, after the issuance of a gaming license, the Tribe receives from the

National Indian Gaming Commission reliable information indicating that

a key employee or a primary management official is not eligible for

employment under subsection D above, the Tribe shall suspend such

license and shall notify in writing the licensee of the suspension and the

proposed revocation.

2. The Tribe shall notify the licensee of a time and a place for hearing on

the proposed revocation of a license.

3. After a revocation hearing, the Tribe shall decide to revoke or to reinstate

a gaming license. The Tribe shall notify the National Indian

Gaming Commission of its decision.

Section 108. License Locations

The Tribe shall issue a separate license to each place, facility, or location on

Indian lands where gaming is conducted under this ordinance.

8
Upper Sioux Community Gaming Ordinance

Section 109. Definitions

The definitions stated in 25 CFR part 502 shall be utilized and are incorporated

herein by reference.

The following words and phrases when used in this Ordinance shall have the

meaning respectively ascribed to them in this section:

(a) Board of Trustees shall mean the governing body of the Community,

duly elected in accordance with the terms of the

Constitution of the Upper Sioux Community, adopted January 9, 1996;

(b) Community or Tribe shall mean the Upper Sioux Community, a

federally recognized Indian tribe located on the Upper Sioux

Reservation and governed by its duly elected Board of Trustees.

(c) Tribal/State Compacts shall mean the Tribal/State Compact for Control

of Class III Video Games of Chance on the Upper Sioux Community

Reservation entered into with the State of Minnesota in 1989 and the

Tribal/State Compact for Control of Class III Blackjack on the Upper

Sioux Community Reservation entered into with the State of Minnesota in

May of 1991.

(d) Gaming enterprise shall mean any commercial business owned by the

Community and operated, in part or in whole, for the conduct of Class II

and Class III gaming as authorized by the tribe, the Indian Gaming

Regulatory Act, and the Tribal/State Compacts.

(e) Gaming test laboratory shall mean, as contemplated by Section 6.1 of

the Tribal-State Compact regarding Video Games of Chance, a laboratory

agreed to and designated in writing by the Minnesota State

Commissioner of Public Safety and the Community as competent and

qualified to conduct scientific tests and evaluations of video games of

chance and related equipment; a laboratory operated by or under

contract with the states of Minnesota, or Nevada, or New Jersey,

or South Dakota constitutes a designated gaming test laboratory.

(f) Indian Gaming Regulatory Act of 1988 shall mean the Act of the United

States Congress adopted on October 17, 1988, as Public Law 100-497,

102 Stat. 2467, codified at 25 U.S.C. 2701 et seq.

9
Upper Sioux Community Gaming Ordinance

Section 110. Severability

If a Court finds that any provision of this Gaming Ordinance is invalid or unenforceable,

the Court may sever that provision, and the remaining provisions of this Gaming

Ordinance shall remain in full force and effect.

TITLE II REGULATION AND ENFORCEMENT.

Section 200. Upper Sioux Community Gaming Regulation Compliance Board

There is hereby established an Upper Sioux Community Gaming Regulations

Compliance Board (Compliance Board) for the exclusive purpose of regulating and

monitoring gaming on behalf of the tribe. The Board of Trustees shall appoint Three (3)

Upper Sioux Community members or other persons with gaming experience to the

Compliance Board to serve in accordance with this title and the Compliance Boards

operating regulations.

Section 201. Regulations

The Compliance Board shall develop regulations to enforce this Ordinance,

subject to approval by the Board of Trustees.

Section 202. Hiring and Training

Due to the high unemployment of the Upper Sioux Community members,

preference in hiring will be given to Indian Community members and then to other

American Indian persons permitted by federal law. This rule shall be enforced in hiring,

training and promotion.

Section 203. Hearing Officer

The Compliance Board may appoint a hearing officer with legal training to hear a

dispute that may come before the Compliance Board concerning this Ordinance and

regulations and enforcement. The hearing officer will make recommended findings and

reasons for the Compliance Board.

Section 204. Hearings

The Compliance Board shall provide a hearing prior to final action concerning

suspending or revoking a license, if requested; and as allowed or set by regulation or law.

I0
Upper Sioux C unity Gaming Ordinance

Section 205. SanctiOns

Violations of this Ordinance will subject a person to sanctions that may include

fine and suspension as appropriate. Unlawful trespass will prompt immediate response

and appropriate sanction. The Compliance Board shall set up a schedule of fines and

sanctions as deemed necessary.

TITLE III. LICENSING OF DISTRIBUTORS. EMPLOYEES. FEES.

Section 300. License Required

Any person, organization or entity (including management officials and key

employees), on behalfof the Community, conducting a public gaming enterprise pursuant

to the provisions of this Ordinance or any person, organization or entity selling, leasing or

otherwise distributing gambling equipment or video games of chance to the Community,

shall be required to have a license. Community public gaming operations being

conducted within the jurisdiction of the Community without the lawful written approval

of the Compliance Board is prohibited.

Section 301. Application for License

Any person, organization or entity (including management officials and key

employees), on behalf of the Community, wishing to conduct a public gaming enterprise

pursuant to the provisions of this Ordinance or any person, organization or entity selling,

leasing or otherwise distributing gambling equipment or video games of chance to the

Community, the application shall contain the following information:

(a) the name(s) and mailing address of the person or entity making the

application;

(b) the name(s) and addresses of all interested parties (including those with

direct or indirect financial interest and their interest and connection to the

applicant);

(c) the nature of the license applied for; the type of activity to be engaged in

under the license;

(d) explicit and detailed disclosure of any criminal record, including any

delinquent taxes owned to the State of Minnesota, of the applicant, any

person involved in the organization, and any party of interest whose name

appears on the application;

(e) any additional information necessary to allow the Community or the State

of Minnesota to investigate the applicant or any person included on the

application;

11
Upper Sioux Community Gaming Ordinance

(f) whether the applicant, if a distributor of gambling equipment, has been

properly licensed by the State of Minnesota pursuant to Minnesota

Statute section 349.151; and proof of being the holder of a current and

valid distributor or manufacturer license from the State of Minnesota; or

properly licensed and holding a current and valid license from either the

State of New Jersey, Nevada or South Dakota;

(g) whether the applicant, if a distributor of gambling equipment, has ever

had a distributor or manufacturer license revoked or suspended by the

state that issued the license and, if so, the circumstances surrounding the

states action;

(h) a statement of waiver allowing the Community and the State of Minnesota

to conduct a background investigation of the applicant and any person

whose name is required to appear on the application;

(i) whether the applicant or any person whose name is required to appear on

the application maintains any involvement in the business of wholesale

distribution of alcoholic beverages.

Section 302. Machine Leases

In addition to a distributor license provided for in Section 301, the person or entity

with whom the Community enters into a lease or sales agreement regarding video games

of chance must obtain from the Compliance Board an annual non-transferable license for

each video game of chance to be placed in a gaming enterprise operating under the

provision of this Ordinance.

(a) An application for a license for a video game of chance shall contain the

following information:

(1) the name and address of the applicant with proof of a current and valid

distributors or manufacturer license issued by a state and the Community.

(2) identification numbers or codes for each video game of chance placed in a

Community gaming enterprise, including the manufacturer, the serial

number and the model number.

(3) proof of approval and certification of the machine by an approved gaming

test laboratory or proof that the video game of chance conforms precisely

to the exact specifications of the video game of chance prototype tested

and approved by the gaming test laboratory.

(4) all other information as required by the Tribal/State Compacts;

12
Upper Sioux Lummunity Gaming Ordinance

(5) proof of a current and valid video game of chance license issued by the

State of Minnesota pursuant to Minnesota Statute section 349.52.

(b) Upon issuance, the Compliance Board shall have attached to each video game

of chance licensed under the provisions of this Ordinance, an

unremovable identification plate on the exterior cabinet which contains the

information as: required by the Tribal/State Compacts.

Section 303. Classes of Licenses

Upon proper application and approval, the following classes of licenses may be issued by

the Compliance Board:

(a) Class A license for a gaming enterprise in which a gaming operator wishes to

conduct Class II gaming at a Community gaming enterprise; the license shall be

site specific;

(b) Class B license for a gaming enterprise in which a gaming operator wishes to

conduct Class III gaming at a Community gaming enterprise; the license

shall be site specific;

(c) Class C license to any management official or key employee of either a gaming

operator or the Community; the license shall be valid for a period of one year and

a Class C-I license to any other employee, not licensed as a management official

or key employee, of a gaming operator or the Community employed in a gaming

enterprise licensed under the provisions of this Ordinance; the license shall be

valid for a period of one year.

(d) Class D license to any distributor or manufacturer of gambling equipment andlor

video games of chance to be used in a Community gaming enterprise; the license

shall be valid for a period of one year.

(e) Class E license for each video game of chance to be used in a Community gaming

enterprise; the license shall be valid for a period of one year.

Section 304. Renewal

All licenses granted pursuant to TITLE must be renewed on an annual basis in

accordance with the procedure set forth in Section 301

Section 305. License Fees

Annual license fees shall be set by the Compliance Board for gaming distributors,

management officials and employees.

13
Upper Sioux Community Gaming Ordinance

TITLE IV. RULES AND GENERAL APPLICABILITY.

Section 400. Rules of Gaming Operations

Each licensee operating a gaming enterprise under a license issued pursuant the provision

of this Ordinance shall prominently display in writing all rules and regulations pertaining

to all gaming activity, including but not limited to traditional bingo, other games of

chance and video games of chance, near the specific locations where such gaming activity

is conducted; or shall make a written copy of all such rules and regulations available to

any person making a request for such.

Section 401. Dispute Resolution

The gaming enterprise shall use the following dispute resolution system to fairly and

promptly settle any customer or patron complaint or dispute with the casino/employee.

The system will be periodically reviewed as necessary to insure fairness to the customer

and to prevent recurring problems.

Any person who may have a dispute with the casino, its management or its employees

may bring such grievance to the Gaming Regulations Compliance Board (GRCB) for

resolution. The GRCB, if necessary and appropriate under the circumstances, will

consider evidence, hear witnesses and receive exhibits in keeping with its goal of making

a just and equitable determination. The GRCB will weigh the evidence, testimony of

witnesses, and exhibits and will make an appropriate and equitable decision under the

circumstances on the basis of the preponderance of evidence and credibility of the

evidence and witnesses.

Any person who disagrees with the determination made by the GRCB must, within ten

(10) days of the determination, send a written request to the GRCB requesting a hearing

before the Board of Trustees of the Upper Sioux Community.

The matter will be scheduled for a hearing before the Board of Trustees within thirty (30)

days of the receipt of the written request for a hearing. The Board of Trustees shall

review the GRCBs findings and may hear testimony and accept evidence before making

a final decision.

The decision of the Board of Trustees shall be final.

Section 402. Restriction for Gaming Enterprise

The Upper Sioux gaming enterprise must at all times observe the following restrictions

on gaming activities:

(a) No credit extended: All gaming shall be conducted on a cash basis. Except as

herein provided, no person shall be extended credit for gaming by any gaming

enterprise. This restriction shall not apply to credits won by players who activate

14
Upper Sioux Community Gaming Ordinance

plays on video games of chance after inserting coins or currency into the game,

and shall not restrict the right of a gaming enterprise to offer check cashing or to

install or accept bank card or credit card transactions in the same manner as would

normally be permitted at any retail business within the State of Minnesota.

(b) Minimum age for players: No person below the age of nineteen (19) shall be

permitted to participate in the gaming in any gaming enterprise licensed under the

provisions of this Ordinance. If any persons below the age of nineteen (19) years

plays and otherwise qualifies to win any prize, the prize shall not be paid. The

estimated amount wagered during the course of the game may be returned to the

player at the discretion of the casino.

(c) Regulation of alcohol: no gaming enterprise shall allow to be sold or otherwise

make available any beverage containing alcohol except in strict compliance with

the Upper Sioux Community Liquor Control Ordinance.

d) Prohibition on firearms: no firearms or air guns which are capable of discharging

dangerous projectiles or gases including, but not limited to, bbs or Co2

guns, rifles, shotguns, pistols or revolvers, shall be allowed in the premises

except as permitted for security by an employed security force or other city, state,

or federal law enforcement officers in the course of their official duties.

(e) Other rules of conduct and regulations will be developed by the Gaming

Commission as needs arise.

TITLE V. RESERVED FOR FUTURE USE

CERTIFICATION

We, the undersigned members of the Upper Sioux Community Board of Trustees, do

hereby certify that the foregoing revised Ordinance was duly adopted and approved on

June 5, 1997 by a vote of Five (5) for, Zero (0) Against, and with Zero (0) Abstentions.

Dallas Ross, Tribal Chairman L. Alan Olson, Tribal Vice Chair

U~per Si~ux1Board of Trustees Upper Sioux Board of Trustees

Brad Ler chen, Tnbal Secretary ( J~nette Marlow, Tnbal Treasurer

Upper Sioux Board of Trustees ~Upper Sioux Board of Trustees

/

Tom Ross, Tribal mber at Large

Upper Sioux Board of Trustees

15