April 29, 2013 

By First Class Mail 

Mr. Zelte Fletcher 

Fletcher Law PLLC 

Boji Tower 

124 W. Allegan Street 

Suite 1400 

Lansing, MI 48823 

Re: Match-E-Be-Nash-She-Wish (Gun Lake) Tribal Gaming Ordinance, Res. No. 13- 

761 

Dear Mr. Fletcher: 

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

review and approve the amended Gun Lake Tribal Gaming Ordinai~ce submitted with 

Resolution No. 13-761 on February 19,2013. The amended ordinance includes numerous 

technical and substantive revisions to the current ordinance that was approved on February 

22, 2010. The notable changes include the following: 

Background and Licensing provisions are revised to comply with the new NIGC 

regulations, parts 556 and 558, including updates to the Privacy Act and false 

statement language, notice of results requirements, license notification 

requirements, and elimination of Gaming Commission's authority to extend 

temporary licenses to 120 days; 

License suspension authority is conferred on the enlire Gaming Coinmission and 

specifies additional procedures; 

The Gaming Commission is reduced from five lo four members and additional 

qualification criteria is set forth; 

w The Gaming Commission's authority is clarified; 

The nlinimum age of players is raised from 18 to 21, in confor~nity with the 

Tribal-State compact; 

NATIONAL HEADQUARTERS 1441 L St. NW. Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WW.NlGC.GOv 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix. AZ: St. Paul. MN:TuIra. OK 
The Gaming Authority is identified as the tribal entity responsible for operating 

the casino and the Authority may contract for gaming management services rather 

than perform them itself; and 

Section 15.03, regarding jurisdiction over criminal violations, is modified. 

Thanlc you for bringing this amended gaming ordinance to my attention and for 

providing me with a copy of the updated ordinance, which will be posted on the NIGC 

website. The ordinance is approved, as it is consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. As my review and approval is limited to the 

requirements set forth in IGRA, I express no opinion on whether the provision in the 

ordinance relating to criminal jurisdiction is consistent with other applicable federal law. 

If you have any questions, please feel free to contact Attorney Jennifer Ward at 202- 

632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 
Match-E-Be-Nash-S he- Wish David K. Spraarc 

Tribal Clsinna~~ 

Band of Pottawatomi Indians 

GUN LAKE TRPlPE Fc(lcr111ly Acl~nowlcclgcd 

Augusi 23.1999 

Sewice Arco: AUegt111. Bany 

I<alom%~oo, Kent, and 

RESOLUTION 13-761 Olla7va Couuties 

OF THE MATCH-E-BE-NASU-SHE-WISH BAND 

OF POTTAWATOMI INDIANS 

A RESOLUTION APPROVING AND ADOPTWG AMENDMENTS TO THE GUN 

LAKE TRIBAL GAMING ORDINANCE AND AUTHORUNG SUBMISSTON OF THE 

AMENDMENTS TO THE NATIONAL INDIAN GAMING COMMISSION 

WHEREAS, The Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of 

Michigan is a federally recognized Indian Tribe organized pursuant to a Constitution approved 

by the Tribal Membership on June 19, 2000; and 

WHEREAS, The Governing Body of the Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians ofMichigan is the Tribal Council; and 

WHEREAS, The Tribal Council of the Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians of Michigan is authorized pursuant to Article VII, Section l(1) of the Tribal 

Constitution to enact resolutions or ordinances; and, 

WHEREAS, The Tribal Council is authorized pursuant to Article VII, Section l(m) of 

the Tribal Constitution to govern the conduct of Indians and others as it relates to gaming 

conducted on the Tribe's reservation pursuant to the Indian Gaming Regulatory Act, Public Law 

100-497, as codified in 25 U.S.C. $2701 et seq., and its implementing regulations promulgated 

by the National Indian Gaining Commission ("NIGC"); and 

WHEREAS, The Tribal Council adopted the Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians Gaming Ordinance on July 17, 2003, which was duly approved by the 

NIGC on August 6, 2003, and the Council adopted amendments on December 2, 2009 via 

Resolution 09-55 1, which amendments were approved by the NIGC on February 22,2010; and 

WHEREAS, The Tribal Council finds it necessary to amend said Gaming Ordinance to 

provide clarification on the authority of the Gun Lake Tribal Gaming Commission to ban, expel, 

licenses, and prohibit certain individuals from licensed gaming facilities, to modify the stlucture 

of the Gaming Commission, and to clarify the registered agent for service under the Gaming 

Ordinance; and 

NOW THEREFORE BE IT RESOLVED, that the Tribal Council of the Match-E-BeNash-She-Wish Band of Pottawatomi Indians hereby approves and adopts the amended Gaming 

Ordinance as attached: 

BE IT FURTHER RESOLVED, that the Tribal Chairman is hereby authorized to take 

all necessary action required to obtaining the full Federal approval of the above amendment to 

1743 142rid Ave., PO BOX 218 Don; MI 49323 - Teleplio~~c: (616) 681-8830 Fax: (616) 681-8836 

www nipbi.org 
the Gaming Ordinance, and is permitted to approve (without krther Tribal Committee action) 

further non-material amendments suggested by the NIGC, if any. 

BE IT I;"URTFLW RESOLVED, that the Tribal Council hereby rescinds Tribal Council 

Resolutions 12-720 and 12-745, and this Resolution shall supersede such prior resolution. 

BE IT IWRTHER RESOLVED, that the amended sections of the Gaming Ordinance 

shall be effective immediately. 

We, the undersigned duly elected officials of the Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians, do hereby certify that on February 14, 2013, the foregoing Resolution was 

adopted at a regular meeting of the Tribal Council with a quorum present by a vote of S for, 

4 

(. ) against; I_ abstaining, and absent. 

&A*; BCLolrSECRETARY 

Dated 

2.d /(/, 3.0 /3 

Dated 

I743 142nd Ave., PO BOX 218 D0t.r. MI 49323 - Teleohone: (616) 681-8830 Fax: (616) 681-8836 
MATCH-%BE-NASH-SHE-WISH BAND 

Section 1. 

OF POTTAWATOMI INDIANS OF MICHIGAN 

GUN LAKE TRIBAL GAMING ORDINANCE 

PURPOSE. 

1.01 Governance. The Tribal Council of the Match-E-Be-Nash-She-Wish 

Band of Pottawatomi Indians (hereinafter "Tribe" or "MBPI"), 

empowered by the Tribal Constit~~tion to enact ordinances, hereby declares 

that the purpose of this Ordinance is to govern and regulate the operation 

and conduct of all Class I1 and Class 111 gaming activities on lands within 

the jurisdiction of the Tribe as defined in the Indian Gaming Regulatory 

Act, P.L. 100-447, 25 U.S.C. Section 2703(7)(A) and 25 U.S.C. Section 

2703(8) ("IGRA") and by the regulations promulgated by the National 

Indian Gaming Commission at 25 C.F.R. 6 502.3 and 5 502.4 is hereby 

authorized. 

1.02 Importance. The gaming industry of the Tribe is vitally important to the 

economy of the Tribe and the general welfare of Tribal members. 

Protecting this gaming industry requires that the public maintain 

confidence and trust in the integrity of gaming activities, which activities 

must be free of criminal and corruptive elements. 

1.03 Strict Regulation. To prevent improper or unlawful conduct in the course 

of gaming activities and to pro~note the development of a balanced tribal 

economy by dedicating all of the net revenues from gaming activities to 

the public purposes of the Tribe, including the support of the Tribe's 

governmental programs and Tribal members, strict regulation of all 

persons, locations, practices, associations and activities must be 

maintained. Therefore, all establishments where gaming is conducted and 

where gaming devices are operated must be formally licensed, controlled 

and operated to protect public safety, morals, good order and general 

welfare, and to foster the stability and success of gaming. 

Section2. DEFINITIONS. For purpose of this Ordinance: 

2.01 "Act" means the Indian Gaming Regttlatory Act, Pub.L. 100-497, 25 

U.S.C. Sections 2701, etseq., and 18U.S.C. $6 1166- 1168. 

2.02 "Applicant" means any person who has applied for a license under the 

provisions of this Ordinance. 

2.03 "Application" means a request for the issuance of a license under the 

provisions of this Ordinance. 
2.04 "Banked Card Games" means a card game in which anyone who is a 

participant in the game, takes on all players, collects from all losers, and 

pays all winners. 

2.05 "Class I gaming" means social games played solely for prizes of minimal 

value or traditional forms of Indian gaming engaged in by individuals as a 

part of, or in conjunction with, tribal ceremonies or celebrations. 

2.06 "Class I1 gaming" means: 

2.06.1 Bingo or lotto (whether or not electronic, computer, or 

other technologic aids are used) when players: 

(A) play for prizes with cards bearing numbers or other 

designations; 

(B) cover numbers or designations when objects, 

similary numbered or designated, are drawn or 

electronically determined; and 

(C) win the gaming by being the first person to cover a 

previously designated pattern of such cards. 

2.06.2 If played in the same location as bingo or lotto, pull-tabs, 

punch boards, tip jars, instant bingo, and other games 

similar to bingo. 

2.06.3 Nonbanking card games that are: 

(A) explicitly authorized by the State of Michigan; or 

(B) are not explicitly prohibited by the laws of the State 

of Michigan and are played at any location in the 

State of Michigan; 

(but only if such card games are played in 

conformity with those laws and regulations (if any) 

of the State of Michigan regarding hours or periods 

of operation of such card games or limitations on ~~~ ~~~- ~ - ~~ 

wagers or pot sizes in such card games:) 

2.07 "Class I11 gaming" means all forms of gaming that are not Class I gaming 

or Class I1 gaming, including, but not limited to: 

2.07.1 Anybanked card games andlor casino games such as 

roulette, craps and keno; 
2.07.2 Any electronic or electroinechanical facsimiles of any 

game of chance or slot machines of any kind; 

2.07.3 Any sports betting and pari-mutuel wagering including but 

not limited to wagering on horse racing, dog racing or jail 

alai; and 

2.07.4 Lotteries. 

2.08 "Commission" means the MBPI Tribal Gaming Commission. 

2.09 "Compact" means such agreement governing the conduct of Class 111 

gamingon MBPI's Reservation or Indian Lands as may be entered into 

pursuant to the Indian Gaming Regulatory Act between the State of 

Michigan and the MBPI, and approved by the Secretary of the Interior, or such 

procedures promulgated by the Secretary of the Interior pursuant to the 

Indian Gaming Regulatory Act governing the conduct of Class 111 gaming on 

MBPI's Reservation or Indian Lands. 

2.010 "Director" means the Executive Director of the Commission established 

pursuant to this Ordinance. 

2.11 "Electronic, computer or other technologic aid" means any machine or 

device that: 

2.1 1.1 Assists a player or the playing of a game, including, but not limited 

to, machines or devices that: 

(A) broaden the participation levels in a common game; 

(B) facilitate coinmunication between or among gaming 

sites; or 

(C) allow a player to play a game with or against other 

players rather than with or against a machine; 

2.11.2 Is not an electronic or electromechanical facsimile; and 

2.1 1.3 Is operated in accordance with applicable Federal communications 

law. Examples of electronic, computer or other technologic 

aids include, but are not limited to, pull tab dispensers 

andlor readers, telephones, cables, televisions, 

screens, satellites, bingo blowers, electronic player 

stations, or electronic cards for participants in bingo 

games. 

2.12 "Electronic or electromechanical facsimile" means a game played in an 

electronic or electromechanical format that replicates a game of chance by 
incorporating all the cliaracteristics of the gaine, except when, for bingo, 

lotto, and other games similar to bingo, the electronic or electromechanical 

format allows multiple players to play with or against each other rather 

than with or against a machine. 

2.13 "Game," "Gaming" and "Gambling Game" means any game played 

with cards, dice, equipment or any mechanical, electromechanical, or 

electronic device or machine for money, property, checks, credit or any 

representative of value,-including, without limiting the generality of the 

foregoing, faro, monte, roulette, keno, bingo, fan-tan, blackjack (21), 

seven-and-a-half, Iclondike, craps, poker, chuck-a-luck, Chinese chuck-aluck (dai shu), wheel of fortune, chemin de fer, baccarat, pai gow, beat the 

banker, panguingui, slot machine, any banking or percentage game or any 

other game or device approved by the Commission, but does not include 

games in which prizes, chance, or consideration are absent. 

2.14 "Game Classification" means the determination made by the Commission 

to identify not only Class I1 games and Class I11 games as defined by the 

IGRA, the Compact, 25 CFR Parts 502.3 and 502.4, and this Ordinance, 

but also to identify games as Class I1 or Class I11 pursuant to the 

definitions of "electronic, computer or other technologic aid," "electronic 

or electromechanical facsimile" and "other games similar to bingo." 

2.15 "Gaming Authority" or "Authority" or "Gaming Operation" means the 

Gun Lake Tribal Gaming Authority created by the Gun Lake Tribal 

Gaming Authority Ordinance to own and operate the Tribe's gaming 

facilities, which is a wholly owned unicorporated instrumentality of the 

Tribe. For avoidance of doubt, the Gaining Authority is, and means, the 

Gaming Operation as defined at 25 C.F.R. 5 502.10. 

2.16 "Gaming Device" means a microprocessor-controlled electronic device 

which allows a player to play games of chance, some of which are affected 

by skill, which the device is activated by the insertion of a coin, currency, 

tokens or by the use of c~dit, and which awards gaine credits, cash, 

tokens, replays or a receipt that can be redeemed by the player for any of 

the foregoing. Game play may be displayed by video facsimile, or 

mechanical rotating reels whereby the software of the device 

predetermines the stop positions and the presence, or lack thereof, of a 

winning combination and pay out, if any. 

2.17 "Gaming Employee" means any key employee, any primary management 

official or any other person employed by the Authority who performs 

gaming related activities, including those persons whose employment 

duties require or authorize access to restricted gaming related areas of the 

gaming facility. 
2.18 "Gaming Employee License" means a license issued by the Commissioil 

or the Director, pursuant to Section 12 of this Ordinance, permitting a 

person to be employed as a gaming employee. 

2.19 "Gaming Equipment" means any machine, equipment or device which is 

specially designed or manufactured for use in the operation of any Class I1 

or Class I11 gaming activity, including any gaining device. 

2.20 "Gaming Facility" or "Gaming Facilities" means the buildings or 

structures in which Class I1 gaming or Class 111 gaming is conducted on 

the Reservation or Indian Lands. 

2.21 "Gaming Facility Operational License" means a license issued by the 

Commission pursuant to Section 11 of this Ordinance, permitting the 

Authority to conduct gaming operations at a gaming facility compliant 

with 25 C.F.R. Part 559. 

2.22 [Intentionally omitted]. 

2.23 "Gaming-Related Activities" means any type of employment activity that 

causes direct interaction with those items falling within the definition of 

the term "Game", "Gaming" and "Gambling Game" including, but not 

limited to, administrative and financial activities for the revenue 

associated with gaming. 

2.24 "Gaming Services" means: 

2.24.1 The providing of any goods or services (except 

professional, legal and accounting services to a gaming 

facility, a gaming operation, or to the Authority, the value 

of which exceeds the amount of $5,000 in any single 

month, or $75,000 annually, including but not limited to 

such goods or services as equipment, transportation, food, 

linens, janitorial supplies, maintenance, or security 

services; 

2.24.2 The providing of any amount of gaming equipment or 

gaming devices to MBPI or the Authority in connection 

with the operation of Class I1 or Class I11 gaming in the 

gaming facility; 

2.24.3 The extension of or guarantee of any financing for the 

Authority or a gaming facility by any person or entity other 

than MBPI or another federally-recognized Indian tribe 

(provided the tribe has been subject to NIGC regulation for 

a minimum of five (5) years, and has no record of NIGC 

violations) provided, however, a Chartered Institutional 

Investor that provides the extension of or guarantee of any 
financing for the Authority does not constitute Gaming 

Services (and therefore is not required to be licensed 

pursuant to this Ordinance). For purposes of this 

Ordinance "Chartered Institutional Investor" shall mean 

"any person or firm that qualifies as an "accredited 

investor" under the regulations of the United States 

Securities and Exchange Commission which extends credit 

or buys loans in the ordinary course of business; 

2.24.4 To the extent not covered by Section 14, the provision of 

any services by a management contractor, or 

2.24.5 The construction of gaming facilities or ancillary gaming 

facility properties. 

2.25 "Gaming Support Employee" means any employee or person employed 

by the Authority who performs employment duties that are not gaming 

related activities and do not meet the definition of "Gaming Employee," 

including employees having access to non-public areas but not restricted 

related areas of the gaming facility. Gaming Support Employees are not 

subject to the Gaming Employee licensing requirements of this Ordinance. 

2.26 "Indirect Financial Interest" means when a corporation is a party to a 

contract, any person who is a director or who holds at least 5% of the 

issued and outstanding stock alone or in combination with another 

stockholder who is a spouse, parent, child or sibling when the corporation 

is publicly traded or the top ten (10) shareholders for a privately held 

corporation. 

2.27 "Indian Lands" means lands within the limits of the Tribe's Reservation; 

or land over which the Tribe exercises governmental power that is either 

held in trust by the United States for the benefit of the Tribe or individual; 

or held by the Tribe or individual citizen of the Tribe subject to restriction 

by the United States against alienation. 

2.28 "Key Employee" means: 

2.28.1 A person who performs one or more of the following functions: 

(D) Bingo Caller; 

(E) Counting Room Supervisor; 

(F) Chief of Security; 

(G) Custodian of gaming supplies or cash; 

(H) Floor Manager or Management; 
(I) Pit Boss; 

(3) Dealer; 

(K) Croupier; 

(L) Approver of Credit; or 

(M) Custodian of gaming devices including persons with 

access to cash and accounting records within such 

devices; 

2.28.2 If not otherwise included, any other person whose total 

cash compensation is in excess of $50,000 per year; or 

2.28.3 If not otherwise included, the four most highly 

compensated persons in the Authority. 

2.28.4 Any other person designated by the Authority as a key 

employee 

2.29 "MBPI" means the Match-E-Be-Nash-She-Wish Band of Pottawatomi 

Indians, also referred to as the "Tribe". 

2.30 "Management Contract" means a contract within the meaning of 25 

U.S.C. $5 2710(d)(9) and2711, and25 C.F.R. 5 502.15. 

2.31 "Management Contractor" means a natural person or entity that has 

entered into a management contract with MBPI or the Authority which has 

been approved pursuant to 25 U.S.C $5 2710(d)(9), 271 1 and Section 14 of this 

Ordinance. 

2.32 "Manufacturer" means a natural person or entity that manufactures 

Gaming Devices andior component parts thereof as defined herein for use 

or play in the Gaming Facilities. 

2.33 "National Indian Gaming Commission" means the National Indian 

Gaming Commission established pursuant to 25 U.S.C. $ 2704. 

2.34 "National Indian Gaming Commission Facility Licenese" means the 

license granted by the Commission and submitted to the NIGC pursuant to 

25 CFR Part 559. 

2.35 "Net Revenues" means the gross gaming revenues of an Indian gaming 

operation less amounts paid out as, or paid for, prizes and total gaming 

related operating expenses, including all those expenses of the gaming 

operation commonly known as operating expenses and non-operating expenses 

GUN LAKE TRIBAL GAMING ORDINANCE - 7 
consistent with professional accounting pronouncements, excluding 

management fees. 

2.36 "Ordinance" means this Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians Ordinance to govern the operation of gaining. 

2.37 "Other games similar to bingo" means any game played in the same 

location as bingo constituting a variant on the game of bingo and permits 

players to compete against each other for a common prize or prizes. 

2.38 "Person" includes a corporation, company, partnership, firm, association 

or society, as well as a natural person. When "person" is used to designate 

the violator or offender of any law, it includes a corporation, partnership, or 

any association of persons. 

2.39 "Primary Management Official" means: 

2.39.1 The ~erson having management responsibility for or 

under a management contract; or 

2.39.2 Any person who has the authority to: 

(A) hire and fire employees; or 

(B) set up working policy for the Authority; or 

2.39.3 The chief financial officer or other person who has 

financial management responsibilities for the Authority. 

2.39.4 Any other person designated by the Authority as a 

primary management official. 

2.40 "Principal" means, with respect to any Person: 

2.40.1 Each of its officers and directors; 

2.40.2 Each of its principal management employees, including any 

chief executive officer, chief financial officer, chief operating 

officer or general management; 

2.40.3 Each of its owners or partners, if an unincorporated business; 

2.40.4 Each of its shareholders who own more than ten percent of the 

shares of the corporation, if a corporation; 

2.40.5 Each person other than a chartered banking institution who has 

provided financing for the entity constituting more than ten 

percent of the total financing of the entity; and 
2.40.6 Each of the beneficiaries, or trustees of a trust. 

2.41 "Property" means, for purposes of Section 11, any tangible property or a 

fixed and certain interest in intangible property that is held, issued or owed 

in the course of a holder's business or by a government, governmental 

subdivision, agency or instrumentality, and all income or increments 

therefrom. The term includes, without limitation, property that is referred 

to as or evidenced by: 

2.41.1 Money or a check, draft, deposit, interest or dividend; 

2.41.2 A credit balance, customer's overpayment, security deposit, 

refund, credit memorandum, unpaid wage, mineral proceeds or 

unidentified remittance; 

2.41.3 Stock or other evidence of ownership of an interest in a business 

association or financial organization; 

2.41.4 A bond, debenture, note or other evidence of indebtedness; 

2.41.5 Money deposited to redeem stocks, bonds, coupons or other 

securities or to make distributions; 

2.41.6 An amount due and payable under the terms of an annuity or 

insurance policy, including policies providing life insurance, 

property and casualty insurance, workers' compensation insurance 

or health and disability insurance; and 

2.41.7 An amount distributable from a trust or custodial fund established 

under a plan to provide health, welfare, pension, vacation, 

severance, retirement, death, stock purchase, profit sharing, 

employee savings, supplemental unemployment insurance or 

similar benefits 

2.42 "Reservation" means all lands within the limits of the Match-E-Be-NashShe- Wish Band of Pottawatomi Reservation, and all other lands title to which 

is held in trust by the United States for the benefit of MBPI or any individual 

member or members of MBPI or held by MBPI or an individual member of 

MBPI subject to- restriction by the United States against alienation and over 

which MBPI exercises governmental power. 

2.43 "Revocation Hearing" means a hearing conducted to consider the initial 

denial, or subsequent conditioning, suspension or revocation of a license. 

2.44 "State" means the State of Michigan, its authorized officials, agents and 

representatives. 
2.45 "State Gaming Agency" means the Michigan Gaming Control Board or 

such successor agency of the State of Michigan that the Governor may from 

time to time designate by written notice to MBPI as the single state agency 

that shall act on behalf of the State under the Comnpact. Nothing herein shall 

be construed as an admission that the State Gaming Agency has jurisdiction 

over MBPI or any gaming conducted on Indian Lands. 

2.46 "Tribe" means MBPI. 

Section 3. GENERAL PROVISIONS. 

3.01 Authoritv and Sovereign Powers and Responsibilities. This Ordinance 

is enacted pursuant to the inherent sovereign powers of the Tribe. The 

power to enact this Ordinance is expressly delegated to the Tribal Council 

in Article VI, Section 4 of the Tribal Constitution. 

3.02 Title, Repeal of Prior Laws, and Effect of Repeal. This Ordinance may 

be cited as the MBPI Gaming Ordinance. All titles, chapters, and sections 

of the Tribal Code of the Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians, which pertain to gaming, and are in effect as of the 

date that this Ordinance becomes operative, are hereby repealed, and all 

other laws, or parts thereof, inconsistent with the provisions of this 

Ordinance are hereby repealed. Repeal of this Ordinance or any portion 

thereof shall not have the effect of reviving any prior Law, Ordinance, or 

Resolution theretofore repealed or suspended. 

3.03 Classes of Gaminv. This Ordinance shall divide gaming into the 

following three classes: Class I, Class 11, and Class 111. 

3.04 Construction. In construing the provisions of this Ordinance, unless the 

context otherwise requires, the following shall apply: 

3.04.1 This Ordinance shall be liberally construed to affect its purpose 

and to promote substantial justice. 

3.04.2 Words in the present tense include the future and past tenses. 

3.04.3 Words in the singular number include the plural, and words in 

the plural numberinclude the singular. 

3.04.4 Words of the masculine gender or neuter include masculine and 

feminine genders and the neuter. 

3.04.5 Ambiguities in this Ordinance are to be construed in favor of 

MBPI. 

3.05 Compliance with Bank Secrecy Act. Any licensed gaming 

establishment shall comply with all applicable provisions of the Bank 
Secrecy Act, P.L. 91-508 84 Stat. 1122, 31 U,S.C. $5 5311-5314, as 

amended. 

3.06 Minimr~m Age of Gaming Patrons. 

3.06.1 No person under the age of 21 may participate in any Class 111 

game. 

3.06.2 No person under the age of 18 may participate in any Class I1 

game. 

3.06.3 No person under the age of 18 may be physically present during 

the play of Class I1 gaming, except that children over 12 years 

of age may be present during the play of bingo when 

accompanied by a parent or legal guardian. 

3.06.4 No person under the age of 18 may be physically present on or 

in those portions of the premises of a licensed gaming facility 

where Class 111 gaming is being played. Persons under the age 

of 18 may be physically present on or in those portions of the 

premises of a licensed gaming facility where Class 111 gaming is 

not being played or in the restaurant area of such premises. 

3.06.5 This section establishes minimum age requirements. Nothing in 

this section shall prevent the Authority of any licensed gaming 

facility from imposing minimum ages higher than those 

established in this section. 

3.07 Protection of the Environment and Public Health and Safety. All 

gaming facilities shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and 

safety. 

3.08 Savin~s Clause. If a court of competent jurisdiction invalidates any 

section of this Ordinance the remaining sections shall not be affected 

thereby. 

Section 4. OWNERSHIP OF GAMING: GAMING AUTHORIZED; 

MANAGEMENT. 

4.01 Ownership. MBPI shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming authorized by this Ordinance 

and consistent with 25 U.S.C. 5 2710(b)(2)(A). No part or share of the 

proceeds of any Tribal gaming operation shall inure to the benefit of any 

person except as provided in a management contract approved in 

accordance with this Ordinance. No gaming employee shall have any 

interest in the ownership or leasing of any property, gaming device or 

facility used by the Authority in gaming operations. 
Section 5. 

5.01 

Section 6. 

6.01 

Gaming Management. The Authority shall operate and manage the 

Tribe's Class I1 and Class I11 gaming p~~rsuant tothe Gun Lalte Tribal 

Gaming Authority Ordinance, and in accordance with this Ordinance, 

IGRA, and the regulations promulged at the NIGC to implement IGRA. 

Management Contractors. The Authority or the Tribe may contract with 

any person to operate each licensed gaming operation. The Authority may 

delegate to a management contractor any Authority power or duty as the 

Authority deems appropriate, subject to the Authority's supervisory 

authority. Any person contracted with to operate gaming shall obtain a 

gaming license as required by this Ordinance. 

USE OF GAMING REVENUE. 

Net Revenues. Net Revenues from Class I1 and Class 111 gaming shall be 

used solely for the following purposes: 

5.01.1 To fund the tribal government operations and programs; 

5.01.2 Provide for the general welfare of the Tribe and its members; 

5.01.3 Promote tribal economic development; 

5.01.4 Donate to charitable organizations; or 

5.01.5 Help fund operations of local government agencies. 

Per Capita. 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. 5 2710(b)(3). 

AUDIT. 

Annual Submission. In accordance with 25 U.S.C. 5 2710@)(2)(C), and 

subject to other applicable NIGC regulations,' the Authority shall cause to 

be conducted annually an independent audit of all gaming operations and 

shall submit the resulting audit reports to the National Indian Gaming 

Commission and the Commission. 

Applicability. 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 

Section 6.01, above. 

Accounting Records. All accounting records at any licensed gaming 

operation shall be kept on a double entry system of accounting, 

maintaining detailed supporting, subsidiary records. The licensed gaming 
establishment shall maintain the following records for not less than five 

(5) years: 

6.03.1 Revenues, expenses, assets, liabilities and equity for each 

licensed gaming operation; 

6.03.2 Daily cash transactions for each Class I11 game, including but 

not limited to transactions relating to each gaming table bank, 

game drop box and gaming room bank; 

6.03.3 All markers, IOU's, returned checks, hold checks or other 

similar credit instruments; 

6.03.4 Individual and statistical game records (except card games) to 

reflect statistical drop and statistical win; for electronic, 

computer, or other technologically assisted games, analytic 

reports which show the total amount of cash wagered and the 

total amount of prizes won; 

6.03.5 Contracts, correspondence and other transaction documents 

related to the provision of gaming services; 

6.03.6 Records of all gaming enforcement activities; 

6.03.7 Internal audits prepared by internal auditors on behalf of the 

licensed gaming operation and provided to the Commission; 

6.03.8 Personnel information on all Class I1 and Class I11 gaming 

employees, including personnel information involving rotation 

sheets, hours worked, employee profiles and background 

checks. 

Section 7. TRIBAL GAMING COMMISSION. 

7.01 Establishment. The Tribal Council hereby charters, creates and 

establishes the MBPl Tribal Gaining Commission as a governmental 

subdivision of the Tribe. 

7.02 Authority. The MBPI Gaming Commission is a regulatory subdivision of 

the Tribe, and is only vested with those authorities to ensure the Gaming 

Authority's compliance with applicable laws and regulations. The 

Commission will conduct oversight to ensure compliance with Tribal, 

Federal, and, if applicable, State laws and regulations regarding gaming. 

The Commission will serve as the licensing authority for individuals 

employed in the gaming operation and will administer background 

investigations as part of the licensing process. The Commission will also 

have a role in monitoring compliance with the internal control standards 

for the gaming operation and in tracking revenues. 
7.03 Limitation on Authority. The MBPI Gaming Commission is a regulatory 

subdivision of the Tribe, and is only vested with those authorities to 

ensure the Gaming Authority's compliance with applicable laws and 

regulations. The MBPI Gaming Commission is not vested with the 

authority to manage the day-to-day operations of the Gaming Authority. 

7.04 Location and Place of Business. The Commission shall be a resident of 

and maintain its headquarters, principal place of business and office on the 

MBPI Reservation. The Commission may, however, establish other 

places of business in such other locations as the Commission may from 

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

7.05 Duration. The Commission shall have perpetual existence and succession 

in its own name, unless dissolved by the Tribal Council pursuant to Tribal 

law. 

7.06 Attributes. As a governmental subdivision of MBPI, the Commission is 

delegated the right to exercise one or more of the substantial governmental 

functions of the Tribe. In creating the Commission, the Tribal Council 

intends the Commission to operate on behalf of the Tribe for the sole 

benefit and interests of the Tribe and Tribal members. In carrying out its 

purposes under this Ordinance, the Commission shall function as an arm 

of the Tribe. Notwithstanding any authority delegated to the Commission 

under this Ordinance, the Tribe reserves to itself the right to bring suit 

against any person or entity in the Tribe's own right, on behalf of the 

Tribe or on behalf of the Commission, whenever the Tribe deems it 

necessary to protect the sovereignty, rights and interests of the Tribe or the 

Commission. 

7.07 Recognition as a Political Subdivision of the Tribe. The Tribe, on 

behalf of the Commission, shall take all necessary steps to acquire 

recognition of the Commission as a political subdivision of the Tribe, 

recognized by all branches of the United States Government and the 

various states as having been delegated the right to exercise one or more 

substantial governmental functions of the Tribe. 

7.08 Sovereign Immunity of the Commission. The Commission is clothed by 

federal and tribal law with all the privileges and immunities of the Tribe, 

except as specifically limited by this Ordinance; inCluiling sovereign 

immunity from suit in any state, federal or tribal court. Nothing in this 

Ordinance shall be deemed or construed to be a waiver of sovereign 

immunity of the Commission from suit, which shall only be waived 

pursuant to Section 7.09 below. Nothing in this Ordinance shall be 

deemed or construed to be consent of the Commission to the jurisdiction 

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

business or affairs of the Commission. 
7.09 Waiver of Sovereivn Immunitv of the Commission. Sovereign 

immunity of the Commission may be waived only by express resolutions 

of both the Commission and the Tribal Council, after consultation with its 

respective attorneys. Waivers of sovereign immunity are disfavored and 

shall be granted only when necessary to secure a substantial advantage or 

benefit to the Commission. Waivers of sovereig~l immunity shall not be 

general but shall be specific and limited as to duration, grantee, 

transaction, property or funds, if any, of the Comn~ission and shall specify 

the court having jurisdiction and the law applicable. Neither the power to 

sue and be sued, nor any express waiver of sovereign immunity by 

resolution of the Commission shall be deemed a consent to the levy of any 

judgment, lien or attachment upon property of the Commission other than 

property specifically pledged or assigned, or a consent to suit in respect to 

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

the alienation, attachment or encumbrance of any such land, or any Indian 

Lands. 

7.10 Sovereign Immunitv 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 Commission are hereby expressly reserved, including 

sovereign immunity from suit in any state, federal or tribal court. Nothing 

in this Ordinance, nor any action of the Commission, shall be deemed or 

construed to be a waiver of sovereign immunity from suit of the Tribe; or 

to be a consent of the Tribe to the jurisdiction of the United States or of 

any state or any other tribe with regard to the business or affairs of the 

Commission or the Tribe; or to be a consent of the Tribe to any cause of 

action, case or controversy, or to the levy of any judgment, lien or 

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

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

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

land, or any Indian Lands. 

7.11 Credit of the Tribe. Nothing in this Ordinance or any activity of the 

Commission shall implicate or any way involve the credit of the Tribe. 

7.12 Assets of the Commission. The Commission shall have only those assets 

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

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

indebtedness incurred by it shall implicate or in any way involve any 

assets of tribal members or the Tribe not assigned in writing to the 

Commission. 

7.13 Meetings. 

7.13.1 Remlar Meetings. The Commission shall hold at least one (1) 

monthly meeting, which shall take place on the days designated 

by the Commission. If the meeting date falls on a holiday, it 
may be rescheduled to another date not in conflict with the 

regular meetings of the Tribal Council. 

7.13.2 Special Meetings. At the request of the Chairperson of the 

Commission, by two (2) or more members of the Commission, 

or by the Director, special meetings of the Commission may be 

called. 

7.13.3 Compensation of Commissioners. Coinmissioners shall be 

compensated at a rate to be established by the Tribal Council. In 

no event shall compensation be based on the profitability of 

gaming operations. 

7.13.4 Quorum. A quorum for all meetings shall consist of three (3) 

members until February 18, 2014. After February 19, 2014 a 

quorum for all meetings shall consist of two (2) members. 

7.13.5 Voting. All questions arising in connection with the action of 

the Coinmission shall be decided by majority vote. The 

Chairperson of the Commission shall only be entitled to vote to 

break a tie. 

7.14 Organization. The Commission shall develop its own operating 

procedures and shall elect from within itself a Chairperson to direct 

meetings, a reporter to be responsible for keeping Commission minutes, 

handling correspondence and reporting Commission decisions, and such 

other officers as it deems advisable. 

7.15 Annual Budget. The Commission shall prepare an annual operating 

budget for all Commission activities and present it to the Tribal Council 

for approval. 

7.16 Rieht of Entrance: Monthly Inspection. 

7.16.1 The Commission, the Director, and duly authorized officers and 

employees of the Commission, during regular business hours, 

may enter upon the premises of the Authority, any gaming 

operator or gaming facility for the purpose of making 

inspections and examining the accounts, books, papers, and 

documents of the Authority, any operator or gaming facility. 

The Authority, operator or gaming operation shall facilitate 

such inspection or examinations by giving every reasonable aid 

to the Commission or the Director and to any properly 

authorized officer or employee. 

7.16.2 A Commissioner, a member of the Commission's staff, or the 

Director, shall visit each gaming facility during normal business 

hours for the purpose of monitoring its operation. Such visits 
shall be unannounced. 

7.17 Hearings; Appeals. Pursuant to Commission regulations, the 

Commission may hold any hearing, and shall provide for any appeal 

deemed necessary in the administration of its powers and duties under this 

Ordinance. Whenever it shall appear to the satisfaction of the 

Commission that all of the interested parties involved in any proposed 

hearing or appeal have agreed concerning the matter at hand by written 

stipulation, the Commission may issue its order without convening a 

hearing. 

7.17.1 Patron Dispute Resolution. In the event of a patron dispute, a 

licensee must notify the patron of hisher right to contact the 

Commission regarding the dispute. 

7.17.2 Dispute Procedures. The Commission shall establish 

procedures for resolution of patron disputes and such 

procedures shall provide the opportunity for a hearing and an 

appeal process. If, however, a dispute occurs prior to the 

establishment of patron dispute resolution procedures by the 

Commission, the Commission or its designee shall be 

responsible for patron dispute resolution. The Commission or 

its designee may conduct any investigation, hold any hearing 

and shall provide for any appeal deemed necessary to resolve 

the patron dispute in accordance with section 9.01.12 of this 

Ordinance. 

7.17.3 Hearings Involving the Management Contractor and its 

affiliates. The Management Contractor and its affiliates shall be 

provided with appropriate due process procedures, with respect 

to the resolution of disputes concerning the issuance, nonissuance, renewal, non-renewal, condition, suspension, denial or 

revocation of any licenses to the Management Contractor or any 

affiliate. 

7.17.4 Exclusion and Reinstatement Authority. The Commission shall 

have the authority to issue all permanent exclusions from access 

to the Gaming Facility and to issue reinstatements in accordance 

with the provisions of this Ordinance, the IGRA, NIGC 

regulations and Commission regulations. 

7.18 Staff of Gaming Commission; Director, 

7.18.1 Director Appointment. The Tribal Council, with the advice and 

consent of the Commission, shall appoint an Executive Director 

of the Commission. The Director shall be responsible for the 

day-to-day management of the affairs of the Commission. A 
detailed background investigation shall be conducted on the 

Director before his appointment. The Commission shall 

maintain oversight of the Director on an ongoing basis. 

Preference shall be given to applicants with experience in legal 

gaming or law enforcement subject to applicable Tribal 

Preference Policies. The Director shall meet the requirements 

of Section 8.03. The Director shall not have any personal 

interest in any gaming operations. 

7.18.2 Director's Contract. The Director shall be hired pursuant to 

contract. The Tribal Council shall approve the terms of the 

contract, including compensation, and tennination. 

Compensation for the Director shall not be based, in whole or in 

part, on the profitability of the gaming operations. 

7.18.3 Duties of Director. The Director shall, subject to the 

supervision of the Commission, perform all duties, exercise all 

powers, and assume and discharge all responsibilities imposed 

by this Ordinance or delegated by the Commission. The 

Director's duties shall include but not be limited to the 

following: 

(A) serve as the chief executive officer of the Commission 

and supervise its staff; 

(B) negotiate contracts for the provision of services 

necessary for the operation of the Commission as 

approved by the Commission and expend funds for its 

operation within its budget as approved by the Tribal 

Council; 

(C) provide for an adequate system that ensures that the 

background investigations required by this Ordinance 

are conducted in a manner which complies with this 

Ordinance and with NIGC regulations; 

(D) make a decision on all applications for licenses as the 

authorized official for licensing, subject to appeal to the 

Commission; 

(E) conduct hearings, investigations, inquiries and oversight 

of licensees, make decisions on suspension of licenses, 

and initiate license revocation proceedings; 

(F) provide for investigation of complaints relating to 

activities which fall within the regulatory authority of 

the Commission; 
(G) send notice to the NIGC of all actions or matters for 

which such notice is required by this Ordinance, the 

IGRA or NIGC regulations; 

(H) prepare reports and make recommendations to the 

Commission about any other matter within the 

Commission's jurisdiction; 

(I) hire, pursuant to an authorized budget, and supervise 

inspectors and such other staff, consultants and counsel 

as required for Commission responsibilities; 

and 

(J) be the registered agent of the Tribe for service of 

process by the NIGC, or other official notices pursuant 

to the Act. 

7.18.4 Investigations. The Director, upon complaint or upon his own 

initiative or whenever he may deem it necessary in the 

performance of his duties or the exercise of his powers, may 

investigate and examine the operation and premises of any 

person who is subject to the provisions of this Ordinance. 

Unless notified otherwise by the Commission, in conducting 

such investigation, the Director may proceed either with or 

without a hearing of the Commission, as the Director may deem 

best, unless such action involves suspensions andlor revocation 

of gaming licenses. License suspensions andlor revocations of 

gaming licenses must follow the hearing procedures established 

under this Ordinance. 

7.18.5 Review. All actions of the Director may be reviewed by the 

Commission, acting upon the Commission's own initiative or at 

the request of the Director. Subject to such review, any action 

of the Director may be upheld, vacated, or revised by the 

Commission. 

7.1 8.6 Staff. Commission staff are considered employees of the Tribe, 

subject to the personnel policies of the Tribe. No person shall 

be hired or retained as Commission staff who do not meet the 

standards imposed on Commissioners by Section 8 of this 

Ordinance. 

7.19 Quarterly Reports. The Commission shall file a quarterly report to the 

Tribal Council summarizing reports received from the Authority and 

making such comments, as it deems necessary, to keep the Tribal Council 

llly informed as to the status of the various gaming operations. 
Section 8. COMMISSION MEMBERSHIP. 

8.01 Number of Commissioners. The Conlmission shall be comprised of four 

(4) Tribal Gaming Commissioners until Febn~ary 18, 2014. Beginning 

February 19, 2014, the Commission shall be comprised of three (3) Tribal 

Gaming Coinmissioners. All Tribal Gaming Commissioners shall consist 

of persons appointed by the Tribal Council by resolution. 

8.02 Qualification of Commissioners. Each Commissioner inust be a member 

of the Tribe. No sitting member of the Tribal Council or employee of the 

Gaining Authority or Gaming Operation inay serve concurrently as a 

member of the Gaming Commission. No sitting member of the 

Commission may act concurrently as an employee or contractor of the 

Gaming Commission. 

8.03 Background Check. Prior to the time that any Commissioner takes office 

on the Commission, the Tribe shall perform or arrange to have performed 

a comprehensive background check on each prospective Commissioner, 

the results of which shall be transmitted to the Tribal Council. No person 

shall serve as a Commissioner if: 

8.03.1 His prior activities, criminal record, if any, or reputation, habits 

or associations: 

(A) pose a threat to the public interest; 

(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 

8.03.2 He has, in any jurisdiction involving a matter which would be a 

crime under the provisions of the MBPI Criminal Code, or any 

code of similar nature, been convicted of or entered a plea of 

nolo contendere (no contest) to: 1) a felony or any gaming 

offense; or 2) to a misdemeanor within five (5) years of 

consideration for appointment; or 

8.03.3 He has a present interest in the conduct of any gaining operation 

or in any business which is licensed to provide gaming services 

to a gaming operation of the Tribe; or 

8.03.4 He or any member of his immediate family is a key employee 

or primary management official of, or has a financial interest in, 

any management contract or gaming supply business, or if he 

has any other personal or legal relationship which places him in 
a conflict of interest. The Tribal Council may waive this 

provision, provided, however, the Commissioner does not 

participate in actions, discussion, or voting where a perceived 

conflict of interest exists. 

8.04 Term of Office. Each Commissioner shall serve a term of four years, or 

until a successor Cominissioner is appointed and the terms of the 

Commissioner's shall he staggered to he defined by resolution of the 

Tribal Council. The Tribal Council's appointment of any Colnmissioner 

shall be by resolution. 

8.05 Removal of Commissioners or Vacancies. 

8.05.1 Removal. 

(A) a Commissioner shall be immediately removed by the 

Tribal Council for any action that bars eligibility for 

serving in that capacity under Title Section 12 of this 

Ordinance. 

(B) a Commissioner may be removed by affirmative vote of 

the Tribal Council for the following reasons: serious 

inefficiency, neglect of duty, malfeasance, misfeasance, 

nonfeasance, misconduct in office, or for any conduct 

which threatens the honesty and integrity of the 

Commission or otherwise violates the letter or intent of 

this Ordinance. 

(C) no Commissioner may be removed without notice and 

an opportunity to be heard before the Tribal 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. 

(D) if the Tribal Council determines that immediate removal 

of a Comnissioner is necessary to protect the interests 

of the Tribe, the Tribal Council may immediately 

remove the Commissioner on a temporary basis. 

Thereafter, the question of permanent removal shall he 

determined pursuant to Tribal Council hearing 

procedures. 

(E) the Tribal Secretary shall keep a written record of all 

removal proceedings, together with the charges filed and 

the findings made therein. The decision of the Tribal 

GUN LAKE TRIBAL GAMING ORDINANCE - 21 
Couilcil upon the removal of a Commissioner shall be 

final, and is not subject to review by any court. 

8.05.2 Vacancies. If any Commissioner shall die, resign, beremoved, 

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

Tribal Council shall declare the position vacant and shall 

appoint another person to fill the position. The terms of office 

of each person appointed to replace a Commissioner shall be for 

the balance of any un-expired term for such position, provided, 

however, that any prospective appointee must meet the 

Commissioner qualifications established by this Ordinance. 

Section 9. GENERAL POWERS OF THE COMMISSION: REGULATIONS. 

9.01 Powers. The Commission shall have the powers and duties granted or 

imposed by this Ordinance, which shall include the following: 

9.01.1 Consistent with its responsibility to regulate gaming and in 

conformity with revised federal regulations, amended by the 

NIGC on June 17, 2002, and contained at 25 C.F.R. $5 502.7, 

502.8 and 502.9, to determine proper game classifications on 

whether a game is Class I1 or Class 111, or to decide whether an 

electronic, computer or other technological aid or other games 

similar to bingo is Class I1 gaming, or whether a electronic or 

electromechanical facsimile is Class 111 gaming. 

9.01.2 To inspect and examine all premises wherein gaming is 

conducted or gambling or gambling devices, equipment or 

supplies are manufactured, sold or distributed. 

9.01.3 To inspect all gaming devices, equipment and supplies in, upon 

or about a licensed gaming operation, or inspect any gaming 

devices, equipment or supplies wherever located, which may or 

have been used in the licensed gaming operation. 

9.01.4 To summarily seize and remove and impound such gaming 

devices, equipment or supplies for the purpose of examination 

or inspection. 

9.01.5 To demand reasonable access to and inspect, examine and audit 

all papers, books, and records of all applicants and licensees or 

affiliates of an applicant or licensee respecting any income 

produced or expenditures made by any licensed gaming 

operation, and require verification of income and all other 

matters affecting the enforcement of any provision of this 

Ordinance vested in the Commission. 

9.01.6 To demand reasonable access to and inspect, examine and audit 
all papers, books, and records of any and all business conducted 

in a licensed gaining operation whether or not a license is 

required to conduct such business. 

9.01.7 To refer to federal, state or Tribal prosecutors or the NIGC the 

results of any regulatory investigation for possible prosecution, 

institution of civil remedial forfeiture proceedings, or other 

remedial action. 

9.01.8 To conduct hearings, inclusive of appeals, to issue subpoenas 

and compel the attendance of witnesses, to administer oaths and 

to require testimony under oath at any such hearing. Any 

person making false statements in any matter before the 

Commission is guilty of perjury. Any process or notice may be 

served in the manner provided for service of process and notices 

in a civil action. The Commission may pay such transportation 

and other expenses of witnesses, as it may deem reasonable and 

proper. 

9.01.9 To promulgate regulations as authorized in this Ordinance, 

subject to approval by the Tribal Council. 

9.01.10 To meet at least quarterly with the Director on all matters 

pertaining to the regulation of gaming, including the designation 

of powers, duties and responsibilities between the Commission 

and the Director. 

9.01.11 To organize itself into such functional divisions as deemed 

necessary or expedient from time to time. 

9.01.12 To receive and investigate complaints from patrons and other 

persons alleging violations of this Ordinance, Commission 

regulations, or other applicable law. 

9.01.13 To employ staff and consultants to carry out its duties, and to 

make other expenditures consistent with its approved budget. 

9.01.14 To keep and maintain a file of all applications for licenses, 

together with a record of all action taken with respect to such 

applications. 

9.01.15 To keep and maintain such other files and records as deemed 

necessary. 

9.01.16 To approved, review, and oversee implementation of internal 

controls adopted by the Authority or gaming operation. 

9.01.17 To hear appeals in any matter involving gaming related 
disputes, including but not limited to: license suspe~~sions, 

revocations, denials, or conditional licenses; issues between 

patrons and the Authority or gaming operations; Director 

decisions. 

9.01.1 8 To take other action necessary and incidental to the enumerated 

powers and duties. 

9.02 Regulations. 

9.02.1 Commission regulations necessary to carry out the orderly 

performance of its duties and powers, along with those of the 

Director, shall include, but not be limited to the following: 

(A) internal operational procedures of the Commission and 

its staff; 

(B) interpretation and application of this Ordinance as may 

be necessary to casry out Commission duties and 

powers; 

(C) a regulatory system for all gaming activity, including 

accounting, contracting, management and supervision; 

(D) the findings of any reports or other information required 

by or necessary to implement this Ordinance; 

(E) the conduct of inspections, investigations, hearings, 

enforcement actions and other powers of the 

Commission authorized by this Ordinance; 

(F) procedures for conducting background investigations of 

gaming employees, including the designation of a law 

enforcement agency to take fingerprints and the process 

for conducting criminal history checks in accordance 

with 25 C.F.R. $ 522.2(h), including criminal history 

records of the Federal Bureau of Investigation; 

(G) procedures for issuing licenses; 

(H) procedures for resolving gaming disputes between the 

gaming public and the Authority; 

(I) procedures for ensuring compliance with the NIGC 

regulations; and 

(J) appeal procedures. 
9.02.2 No regulation of the Commission shall be of any force or effect 

unless it is adopted by the Commission by written resolution 

and subsequently approved by a resolution of the Tribal Council 

and both are filed for the record in the office of the Tribal 

Secretary. 

9.02.3 The Tribal Court and any other court of competent jurisdiction 

shall take judicial notice of all Commission regulations adopted 

pursuant to this Ordinance. 

Section 10. GAMING LICENSES: GENERAL PROVISIONS. 

10.01 Applicability. This Ordinance applies to all persons engaged in gaining 

within the jurisdiction of the Tribe. The application for a gaming license 

and the conduct of gaming within the jurisdiction of the Tribe shall be 

deemed to be consent to the jurisdiction of the Tribe and the Tribal Court 

in all matters arising from the conduct of such gaining, and all matters 

arising under any of the provisions of this Ordinance or other applicable 

tribal laws. 

10.02 Tvpes of Licenses. 

10.02.1 Gamine. Operations. Each gaming facility on Indian Lands 

shall obtain a license. The Authority, in anticipation of 

conducting Class I1 or Class I11 gaming on Indian land shall 

apply for a license authorizing such gaming. In the event the 

Authority has entered into a Management Contract, the 

Management Contractor shall apply for such license. 

10.02.2 Gamine. Employees. Any person who has been hired for 

employment in any licensed gaming operation as a primary 

management official, a key employee, or other gaming 

employee as deemed necessary by the Commission to be 

licensed, shall apply for a license authorizing such employment. 

10.02.3 Gamine. Services. Any Gaming Service supplier shall apply for 

and obtain a license before providing any Gaming Service. 

10.02.4 Management Contractors. Any person awarded a management 

contract by the MBPI or the Authority shall comply with the 

requirements of Section 14 of this Ordinance, the IGRA, and 

the Compact before beginning gaming operations pursuant to 

such contract. 

10.02.5 Any person seeking to license a gaming operation, or become a 

gaming employee, a management contractor, or provide gaming 

services on Indian land shall apply for, and receive, all required 

licenses prior to engaging in such activity. 
10.03 Non-Transferabili* of License. Any license issued pursuant to the 

provisions of this Ordinance is valid only for the person or gaming 

operation at the place of business shown on the face of the license. The 

license is not assignable or otherwise transferable pursuant to the 

requirements of this Ordinance. 

10.04 Grantinv of License. 

10.04.1 Unless the Commission reserves the power to itself to issue 

certain licenses, the Director shall issue all licenses. Before a 

license is issued by the Commission or the Director, appropriate 

background investigations and suitability determinations shall 

be conducted pursuant to the requirements of this Ordinance, 

including any regulations promulgated thereto. Any decision of 

the Director in relation to a license is subject to appeal to the 

Commission. 

10.04.2 No license shall be issued to a person whose license has 

previously been revoked pursuant to this Ordinance, or to whom 

the issuance or renewal of a license has been denied, except 

with the unanimous approval of the Commissioners. 

10.05 Background Investigations of Primary Mana~ement Officials and Key 

Employees: and Other Gaming Employees. 

10.05.1 The Commission or the Director shall request from each 

primary management official and from each key employee all of 

the following information, which will be used by the 

Commission or a designated independent investigator to 

conduct or cause to be conducted a background investigation for 

each primary management official and key employee at least as 

stringent as those required by parts 556 and 558 of the Code of 

Federal Regulations. The Commission or the Director shall 

perform or cause to be performed a criminal records check, 

conducted in accordance with state law procedures, on all 

applicants and licensees, for verification: 

(A) Full name, other names used (oral or written), social 

sec~~rityrimb~ei(s)~birtb date, place of birth, 

citizenship, gender, all languages (spoken or written); 

(B) Currently and for the previous 5 years; business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and 

drivers license numbers; 

(C) The names of current addresses of at least three 

personal references, including one personal reference 
that was acquainted with the applicant during each 

period of residence listed under paragraph (b) of this 

section; 

Current business and residence telephone numbers; 

A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses; 

A description of any existing and previous business 

relationships with the gaming industry generally, 

including ownership interests in those businesses; 

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; 

For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the name and 

address of the court involved, and the date and 

disposition if any; 

For each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic 

violations), within 10 years of the date of the 

application, the name and address of the court involved 

and the date and disposition; 

For each criminal charge (excluding minor traffic 

charges), whether or not there is a conviction, if such 

criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to 

paragraph (h) or (i) of this section, the criminal charge, 

the name and address of the court involved and the date 

and disposition; 

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; 

A current passport quality photograph taken within the 

thirty (30) days prior to the submission of the 

background information; 

Any other information the Commission or Director 

GUN LAKE TRIBAL GAMING ORDINANCE - 27 
deems relevant; and 

(N) Fingerprints consistent with procedures adopted by the 

Commission or Director according; to 25 C.F.R. 6 

10.06 Consultation with Law Enforcement. As a part of the background 

investigation, the Director shall consult with appropriate law enforcement -- - officials concerning any application for a license before the license is . . ~ssued. 

10.07 Fees. The Commission shall set fees for application, background 

investigations and licenses. All such fees shall be made payable to the 

Tribe for use under the Commission's approved budget. 

10.08 Ninety Day Limitation: Grace Period: Temporary License. 

10.08.1 No licensed gaming operation shall employ a gaming employee 

who does not obtain a license within ninety (90) days of being 

hired. No such person may begin employment without having 

had completed an application for a license. No provider of 

gaming services shall provide any services for a licensed 

gaming operation prior to the issuance of a license. If any 

information is received that would disqualify the applicant from 

receiving a license, the applicant will no longer be employed or 

provide gaming services. 

10.08.2 For gaming employees, within twenty (20) days of the receipt of 

a completed application for licensing, and upon request of the 

applicant, the Commission may issue a temporary license to the 

applicant unless the background investigation undertaken 

discloses that the applicant has a criminal history, or unless 

other grounds sufficient to disqualify the applicant are apparent 

on the face of the application. The temporary license shall 

become void and be of no effect upon: 1) the issuance of the 

license; 2) the issuance of a notice of denial of a license; or 3) 

the expiration of ninety (90) days after the applicant has begun 

working and no license has been issued. 

10.09 Disclosure bv Applicant. The burden of providing eligibility to receive 

any license is on the applicant. An applicant for licensing shall make true 

and full disclosure of all information to the Commission or the Director as 

required by this Ordinance and applicable regulations. It is the duty of the 

applicant to disclose all information material to whether the applicant's 

involvement with gaming would jeopardize or compromise the Tribe's 

interest, whether or not the applicant has been specifically requested to 

provide that information. 
10.10 Violations by Licensee. 

10.10.1 Violation of any material provision of this Ordinance or of any 

Commission regulation by a licensee or its agent or employee as 

determined by written order of the Director or the Commission 

after conducting a hearing shall be deemed contrary to the 

public health, safety, morals, good order, and general welfare of 

the Tribe, and shall be deemed grounds for refusing to grant, 

renew, or place conditions on a license, or to suspend or revoke 

a license. 

10.10.2 Acceptance of a license or renewal on the part of the licensee 

shall constitute the licensee's agreement to be bound by all of 

the regulations and conditions of the Commission and Director 

and by the provisions of this Ordinance and any amendments 

hereafter promulgated, and to cooperate fully with the 

Commission and Director. It is the responsibility of the 

Licensee to keep informed of the contents of this Ordinance, its 

regulations, and any amendments thereto. Ignorance will not 

excuse violations. 

10.10.3 The Authority or management of any licensed gaming operation 

shall report to the Director any known or suspected violation of 

this Ordinance, regulations under this Ordinance or any criminal 

activity, whether related to gaming or otherwise, by any person 

licensed under this Ordinance as soon as the information 

becomes known to the Authority or management. The reports 

must be made regardless of whether disciplinary action or 

referral for prosecution is contemplated. 

Section 11. LICENSING CLASS I, CLASS 11, AND CLASS 111 OPERATIONS. 

11.01 Class I. Class I gaming may be conducted on Indian land without a 

license. The Commission or the Director may investigate such activity to 

insure it does not constitute Class I1 or Class I11 gaming. 

11.02 Class 11. A separate gaming license shall be required for each place, 

facility, or location on Indian land at which Class I1 gaming is conducted 

by the Authority. 

11.03 Class 111. The Coinmission or the Director, as the Cominission deems 

appropriate, may license Class I11 gaming if such gaming is conducted in 

conformity with the Act, NIGC regulations, the Compact, and this 

Ordinance. A Class I11 Gaming Facility Operational License shall be 

required for all tribally-owned or operated gaming operations conducted 

by the Authority for any gaming other than Class I or Class I1 gaming. 

11.04 Privately Owned Gaming Not Licensable. No license may be issued for 
any gaining operation, whether for one or more occasions, which are 

owned or operated by any person other than the Tribe. 

11.05 Application Elements. 

11.05.1 Class I1 and Class 111. Before issuing a license for any Class I1 

or Class 111 gaming operation the Commission or the Director, 

as the Commission deems appropriate, shall: 

(A) review the proposed gaming activity to ensure that all 

threshold criteria required by this Ordinance shall be 

met; 

(B) ensure that the necessary background checks on 

management contractors, gaming employees, and 

providers of gaming services as required by this 

Ordinance has been, or is being, conducted; 

(C) review and approve the accounting procedures to be 

used in such gaming activity; 

(D) take any additional steps necessary to ensure the 

integrity of such gaming activity; 

(E) for Class IS1 gaming, review all aspects of the proposed 

gaming operation to ensure that it will be in compliance 

with the provisions of the applicable Compact; and 

(F) ensure that the threshold criteria in 11.06 are met. 

11.06 Threshold Criteria for Potential Gaming Operations. The 

Commissioil or the Director, as the Commission deems appropriate, shall 

issue a license for Class I1 or Class I11 gaming to any &ally-owned or 

tribally-operated gaming operation if: 

11.06.1 The proposed gaming activity 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~l7,1988 or on lands 

taken into trust after October 17, 1988 which has been 

authorized for gaming by the Secretary of the Interior under 25 

U.S.C. 5 2719(b)(1); 

11.06.2 The State of Michigan continues to permit such gaming for any 

purpose by any person, organization or entity, and such gaming 

is not otherwise specifically prohibited on Indian land by 

federal law: 
11.06.3 The Tribe will have the sole proprietary interest; 

11.06.4 The proposed gaining activity is authorized by a Tribal Council 

resolution; 

11.06.5 The resolution authorizing the proposed gaming activity 

provides that: 

(A) the revenues or the proposed gaming activity shall be 

audited annually and copies of those audits will be 

provided to the Commission and the National Indian 

Gaming Commission; 

(B) the proposed gaming activity shall comply with all IRS 

reporting and filing requirements; 

(C) all of the proceeds of the proposed gaming activity shall 

be used for the purposes stated in Section 5; 

(D) all contracts for gaming services for an amount in excess 

of $25,000 annually, except contracts for legal and 

consulting services, shall be subject to an annual 

independent audit; 

(E) the construction or maintenance of the gaming facility 

, 

and the operation of the proposed gaming activity shall 

be conducted in a manner which the Coinrnission finds 

will adequately protect the environment and the public 

health and safety; 

(F) all primary management officials and key employees 

shall pass background checks and obtain the tribal 

gaining employee licenses required by this Ordinance; 

(G) the Commission shall have the authority to regulate the 

proposed gaming activity; 

(H) the proposed gaming activity shall pay to the National 

Indian Gaming Commission such fees as federal law 

may require to be paid; and 

(I) in the event the gaming activity is Class I11 gaming, 

such gaming activity meets all other criteria established 

by the Compact. 

11.07 License Application Pees. An application fee shall be required for a 

Class I1 or Class 111 gaming operation. Said fee shall be set by the 

Commission and shall accompany the application. 
11.08 License Tax. No annual license tax shall be required for a Class I1 or 

Class I11 gaming operation. 

11.09 Terms of License. A Class I1 and Class 111 gaming license shall be valid 

for a period of three (3) years from the date of issuance. 

11.10 Posting of Licenses. Each Class I1 or Class I11 gaming operation shall 

post the applicable tribal gaming license in a conspicuous location in the 

facility where such gaming is offered. 

11.1 1 Criteria for Gaming License Renewals. Each gaming license must be 

renewed every three (3) years from the date of issuance. A renewal fee, in 

an amount as determined by the Commission shall be submitted with 

every renewal applisation. In order to obtain a renewal of a license, the 

licensee shall submit a written renewal application to the Director on the 

form provided by the Director. No renewal application for a gaming 

operation shall be approved until the annual report, required by Section 

11.12 below, has been properly filed. All renewal applications submitted 

shall be approved in 30 days or less unless the Commission or the Director 

believes, based on reasonable grounds, that the gaming has been or will be 

operated in violation of tribal, federal or other applicable law, or the terms 

and conditions of the Compact have been or will be violated. 

11.12 Annual Reports. For each separate license issued to a gaming operation 

under the control'of the Authority, the Authority or the gaming operation 

shall file an annual report with the Director between the 15th and the last 

day of the 12-month term of each license. The report shall be submitted to 

the Director on the annual report form provided by the Director and shall 

include, at a minimum, the following information: 

11.12.1 The name, address and telephone number of the manager of 

gaming for the operation; 

11.12.2 The names, addresses and titles of all key employees of the 

operation; 

11.12.3 A description of the gaming activity that has been operated 

under the license and the total gross sales thereafter; 

11.12.4 A written copy of any changes the Authority or management 

proposes to the gaming operation's rules; 

11.12.5 A statement of the specific date or dates and time or times on 

which the Authority or management wishes to operate its 

gaming activity over the next license period; 

1 1.12.6 The name and address of the person who will be designated as 

the primary management official over the next license period; 
11.12.7 A statement of any changes in the primary management 

officials or key employees who will operate the gaming activity 

over the next license period; 

11.12.8 The names and addresses of any employees who the 

Commission or the Director may determine to be key 

employees during review of the application; 

11.12.9 Written proof that the gaining operation has paid, and will 

continue to pay, to the National Indian Gaming Coinmission 

such fees as federal and tribal law may require it to pay; 

11.12.10 A sworn statement that the Authority or mangement has 

complied with the Internal Revenue Codes and Regulations, 

including written notice of customer winnings, and a statement 

that the Authority or management shall continue to obey all 

tribal and federal laws and shall hold the Commission, the 

Director, and the Tribe harmless for failure to do so; 

11.12.11 Any location at which gambling has been conducted and any 

new location where gambling will be established in the next 

license period; 

11.12.12 The number of full-time equivalent people, on an annualized 

basis, employed by the gaming 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; 

11.12.13 The total gross revenue of the gaming operation attributable 

directly or indirectly to gambling over the proceeding 12 

months; 

11.12.14 A sworn statement that the Authority, management and all of 

their gaming employees continue to consent to Tribal Court 

jurisdiction and service of process in all matters arising from the 

conduct of tribally-licensed gaming activity; and 

11.12.15 If the manager 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 Commission. 

11.13 Closure of a Licensed Tribal Gaming Activity. If the Commission or 

the Director finds that any tribally owned gaming operation is in violation 

of this Ordinance, or othenvise presents a threat to the public, the 

Commission or the Director, with the consent of the Commission, must 

immediately notify the Tribal Chairman and the Tribal Council to correct 
the violation. The Tribal Council may close down any gaming operation 

temporarily or permanently at any time with or without cause. 

11.14 Unclaimed Property; Annual Report. In the event the Gaming 

Operation is in receipt of Unclaimed Property, the Gaming Operation shall 

file an annual report to the Commission, and shall submit an amount equal 

to the Unclaimed Property to the Tribe. The report must be verified and 

must contain: 

1 1.14.1 A description of the property; 

11.14.2 Except with respect to a traveler's check or money order, the 

name, if known, and last known address, if any, and the social 

security number or taxpayer identification number, if readily 

ascertainable, of the apparent owner of property of the value of 

$50 or more; 

11.14.3 In the case of an amount of $50 or more held or owing under an 

annuity or a life or endowment insurance policy, the full name 

and last known address of the annuitant or insured and of the 

beneficiary; 

11.14.4 In the case of property held in a safe-deposit box or other 

safekeeping depository, an indication of the place where it is 

held and where it may be inspected by the Administrator and 

any amounts owing to the holder; and 

11.14.5 The date, if any, on which the property became payable, 

demandable or returnable and the date of the last transaction 

with the apparent owner with respect to the property. 

11.14.6 Other information that the Administrator by regulation 

prescribes as necessary for the administration of this chapter. 

11.14.7 The report must be filed before November 1 of each year and 

cover the 12 months next preceding July 1 of that year. The 

report shall include an amount equal to the total amount of 

Unclaimed Property submitted via check or wire transfer to the 

Tribe's general fund. 

11.14.8 Upon payment or delivery of property to the Tribe, the Tribe 

assumes custody and responsibility for the safekeeping of the 

property. The Gaming Operation who pays or delivers property 

to the Tribe in good faith is relieved of all liability arising 

thereafter with respect to the property. 

11.14.9 The Gaming Operation who has paid money to the Tribe 

pursuant to this chapter may subsequently make payment to a 
person reasonably appearing to the holder to be entitled to 

payment. Upon a filing by the holder of proof of payment and 

proof that the payee was entitled to the payment, the Tribe shall 

promptly reimburse the holder for the payment without 

imposing a fee or other charge. If reimbursement is sought for a 

payment made on a negotiable instrument, including a traveler's 

check or money order, the holder must be reimbursed upon 

filing proof that the instrument was duly presented and that 

payment was made to a person who reasonably appeared to be 

entitled to payment. 

11.14.10 The Tribe may accept a holder's affidavit as sufficient proof of 

the holder's right to recover money and property under this 

section. 

Section 12. LICENSING PRIMARY MANAGEMENT OFFICIALS AND KEY 

EMPLOYEES: AND OTHER GAMING EMPLOYEES. 

12.01 Current and Valid Gaming Emplovee License Required. Each primary 

management official and key employee of a Class I1 or Class I11 gaming 

operation must possess a current and valid gaming employee license. Any 

other Class I1 or Class I11 gaining employee deemed by the Commission to 

be licensed must possess a current and valid gaming employee license. 

12.02 Elivibilitv Determination. 

12.02.1 Any person determined by the Commission or the Director, as 

the case may be, to be qualified to receive a gaming employee 

license shall be issued a license. No license shall be issued 

unless a background investigation has been completed on the 

applicant. 

12.02.2 The Commission or the Director, as the case may be, shall 

review an applicant's prior activities, criminal record, if any, 

and reputation, habits and associations to make a finding 

concerning the eligibility of a key employee or primary 

management official or other gaming employee for a license. If 

the Commission or Director determines that the licensing 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, the Commission or Director shall not 

license that person in a key employee or primary management 

official position. 

12.02.3 No license shall be granted to any person who: 

(A) is under the age of 18; or 
(B) has been convicted of or entered a plea of guilty or no 

contest to a gambling related offense, fraud or 

mi~re~rese~tation; or 

(C) has been convicted of or entered a plea of guilty or no 

contest to any offense not specified in subsection (B) 

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, is 

determined to be a person who is not likely again to 

engage in any offense or criminal course of conduct and 

the public good does not require that the applicant be 

denied a gaming license; or 

(D) is determined to have participated in organized crime or 

unlawful gambling or whose prior activities, criminal 

record, if any, or reputation, habits, and 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 the 

carrying on of the business and financial arrangements 

incidental thereto. 

12.03 Application Procedure for License. 

12.03.1 Any person seeking employment with a gaming operation as a 

primary management official, key employee or gaming 

employee which gaming employee is deemed by the 

Commission or Director as needing a gaming license, shall 

submit an application to the Commission or Director on such 

form or in such manner as the Commission or Director may 

require. 

12.03.2 The Commission or Director will conduct or cause to be 

conducted a background investigation on each applicant using 

the information provided on the application. At a minimum, the 

application shall contain the following information: 

(A) the applicant's name, including all other names used, 

current home and work addresses and telephone 

numbers, gender, Social Security Number, place of 

birth, date of birth, citizenship, and driver's license 

number, as well as the address of his personal residences 

over the past 5 years; 
(B) the specific location at which the applicant is applying to 

be employed; 

the name and job description of the position the 

applicant is applying for; 

the names and addresses of the applicant's living 

parents, grandparents, spouse, children, brothers, and 

sisters, including step-, half- and in-laws; 

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; 

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 (A) above; 

a list of the applicant's current and previous jobs over 

the preceding 5 years, including the name, address and 

telephone number of his employer, and the position 

held; 

the names and addresses and a brief description of all 

businesses in which the applicant currently holds, or has, 

within the last 5 years held, an ownership interest; 

a description of any existing and previous employment 

relationships 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; 

a description of any current or past non-employee 

business arrangements that 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; 

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 position, the dates during which 

that position was held, a description of the applicant's 

GUN LAKE TRIBAL GAMING ORDINANCE - 37 
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; 

(L) a list of all gaming-related licenses the applicant has 

applied for, whether or not those licenses were granted 

and the name and address and phone number of the 

regulatory agency involved; 

(M) 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; 

(N) a statement of all languages written or spoken; 

(0) 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 activity anywhere. If the applicant has 

any relative who has such a relationship, the applicant 

shall hlly disclose the name and the nature of the 

relationship; 

(P) written permission giving the Commission or the 

Director the right to investigate the applicant's 

background, including the applicant's criminal record, 

civil and criminal judgments and credit history; 

(Q) 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; 

(R) 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; and 

(S) any other information that might bring into question the 

applicant's fitness to serve as a gaming employee of a 

licensed gaming operation. 

12.03.3 Each application shall be accompanied by a sworn statement 

that the applicant will submit to the jurisdiction of the Tribe and 

the Tribal Court, if employed. 
12.03.4 Each application shall be accompanied by two (2) passport 

quality photographs taken within the last thirty (30) days prior 

to the submission of the information. 

12.03.5 Each application shall be accompanied by a sworn statement 

that the applicant will abide by all applicable tribal and federal 

laws, regulations and policies. 

12.03.6 Each application shall be accompanied by an application fee the 

amount of which shall be set by the Commission. 

12.03.7 The following notice shall be placed on the application form for 

a key employee or a primary management official or other 

employee before that form is filled out by the applicant, along 

with a written statement that the applicant has read, understands 

and approves of the following Privacy Act notice and False 

Statement 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 granted a gaming license. The 

information will be used by the Tribal gaming regulatory 

authorities and by the National Indian Gaming Commission 

(NIGC) members and staff who have need for the 

information in the performance of their official duties. The 

information may be disclosed by the Tribe or the NIGC 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 NIGC in 

connection with the issuance, denial, 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 tribe's 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. 

A false statement on any part of your license 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, title 18, section 1001). 
12.03.8 Fingerprint Verification. A law enforcement officer of the 

Allegan County Sheriffs Department, or other designated entity 

qualified to conduct backgrounding, will take andprocess the 

fingelprints of each gaming license applicant for a criminal 

history check to be conducted in accordance with state law 

procedures. A criminal history check will include a check of 

criminal history records maintained by the Federal B~~reau of 

Investigation. 

12.04 Review Procedure. 

12.04.1 The Director shall forward a copy of each application to a 

designated tribal or state law enforcement agency and arrange 

for that agency to verify in writing the accuracy of the 

applicant's criminal record. The Director shall also contact 

each reference provided in the application and take other 

appropriate steps to verify the accuracy of the information 

presented and prepare a report of findings. The Commission or 

the Director shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

finding concerning eligibility of a key employee or primary 

management official or other employee for employment in the 

gaming operation. If the Commission or Director determines 

that licensing 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, the Commission will 

not issue a license for that person. For all other gaming 

employees, the Commission or the Director shall review the 

findings resulting from the application and either grant or deny 

the license, if one is required by this Ordinance or advise the 

Authority that the applicant's information has been reviewed 

and there exists no barrier to employment. The applicant shall 

be notified in writing of the Commission or the Director's 

decision. Should the applicant disagree with a decision made 

by the Director, the applicant may request a hearing of the 

Commission to review the decision. After the hearing, if the 

Commission votes to deny a license, it shall include within this 

notification the specific reasons for its decision. 

12.04.2 All applications, background checks and Commission or 

Director decisions shall be retained in the Commission files for 

a period of at least three (3) years from date of termination or 

after the denial of a license. 

12.05 Reports to NIGC; Processing of Applications for Key Employees or 

Primary Management Officials. 
12.05.1 At the time a primary management-official or key employee is 

employed by a licensed gaming operation, the Director shall 

forward to the NIGC a completed application for a license 

containing the information required in this Title and conduct the 

background investigation required in this Ordinance. 

12.05.2 Before issuing a license to a primary management official or 

key employee, and in no event more than sixty (60) days aRer a 

primary management official or a key employee begins work or 

of the effective date of this Ordinance, the Director shall 

forward to NIGC an investigative report on the background 

investigation for that primary management official or key 

employee, together with a copy of the determination on 

eligibility for licensing. The investigative report shall include 

the following: 

(A) steps taken in conducting a background investigation; 

(B) results obtained; 

(C) conclusions reached; and 

(D) the bases for those conclusions. 

The Commission shall submit a notice of results of the 

applicant's background investigation to the Commission no 

later than sixty (60) days aAer the applicant begins work. The 

notice of results shall contain: 

(A) Applicant's name, date of birth, and social security 

number. 

(B) Date on which applicant began or will begin work as 

key employee or primary management official. 

(C) A summary of the information presented in the 

investigative report, which shall at a minimum include a 

listing of: 

(i) Licenses that have previously been denied; 

(ii) Gaming licenses that have been revoked, even if 

subsequently reinstated; 

(iii) Every known criminal charge brought against the 

applicant within the last 10 years of the date of 

application; and 

(iv) Every felony of which the applicant has been 
convicted or any ongoing prosecution. 

(D) A copy of the eligibility determination made under 25 

C.F.R. 5 556.5. 

12.05.3 No license shall be issued to a key employee or a primary 

management official until the happening of the first of these 

events: 

(A) receipt of notification that the NIGC has no objection to 

the issuance of a license; or 

(B) the expiration of the thirty (30) day period for NIGC 

review under 25 CPR 5 558.3(c). 

12.05.4 If, within the thirty (30) day period provided for NIGC review 

under 25 CFR 5 558.3(c), NIGC provides the Director with a 

statement itemizing objections to the issuance of the license, the 

Director shall reconsider the application, taking into account the 

objections itemized by NIGC. The Director shall then make a 

recommendation on whether to issue a license in light of the 

NIGC objection(s) and refer the recommendation to the 

Commission for consideration. The Director or the 

Commission shall make the final decision whether to issue a 

license to the applicant. 

12.05.5 Within thirty (30) days after the issuance of a license or upon 

any final decision not to license an applicant, the Commission 

shall notify the NIGC in writing of such decision. The 

Commission shall submit to the NIGC each notice of results and 

eligibility determination within sixty (60) days of each 

determination. 

12.05.6 The Commission, ninety-one (91) days after the receipt of an 

application, the Director shall notify the NIGC of whether a 

license was issued to an applicant or not. 

12.06 Scope of License. 

12.06.1 Any gaming employee licenses issued pursuant to this Section 

shall be effective for only the location, job and employer 

contained in the application. 

12.06.2 Any licensed gaming employee applying for a different gaming 

position shall apply to have his license transferred to the new 

position by requesting that transfer in writing to the Director in 

a manner which details the new job and location and the 
operator for whom he proposes to work. 

12.07 Licensidg Period. Any gaming employee license issued pursuant to this 

Section shall be effective until the licei~see's birthday following the one 

(1) year anniversary of the issuing date indicated on their license. 

Thereafter, renewals will be on an annual basis on the licensee's birthday. 

Each license shall contain the licensee's photograph and shall state on its 

face the name of the employee, the location at which he is licensed to 

work, the gaming operation who employs him, the date that the licei~se 

became effective and the date the license expires. 

12.08 Renewals. A holder of a gaming einployee license shall petition to have 

his license renewed, by applying to the Director for a renewal thirty (30) 

days prior to expiration of the license and the licensee is required to 

update all information contained in the original application. 

12.09 Requirement to Produce License Upon Request. Any person receiving 

a gaming employee license must carry that license upon his person during 

all working hours and must produce that license upon request of any 

person. 

12.10 Suspension or Revocation of Gaming Employee License. 

12.10.1 Grounds for Suspension or Revocation. Subject to applicable or 

appropriate notice and hearing requirements, a license may be 

suspended or revoked for any of the following reasons: 

(A) the employee has withheld pertinent illformation on his 

application; 

(B) the employee has made false statements on the 

application; 

(C) the employee has participated in gaming that was not 

authorized by any tribal gaming license; 

(D) the employee has attempted to bribe a Tribal Council 

member, Commissioner or other person in an attempt to 

avoid or circumvent Tribal law; 

(E) the employee has offered something of value or 

accepted a loan, financing or other thing of value from a 

~oimiissioner, a subordinate employee or any person 

participating in any gaming; 

(F) the employee has knowingly promoted, played or 

participated in any gaming operated in violation of tribal 

or federal law or the Compact; 
(G) the employee has been knowingly involved in the 

falsification of books or records which relate to a 

transaction connected with the operation of a gaming; 

(H) the employee has been convicted of, or has entered a 

plea of nolo contendere to, any crime involving gaming, 

fraud, theft, embezzlement or other activity which, if 

perpetrated at his operator's place of employment, 

would injure or pose a threat to the public interest, or the 

integrity of gaming, or the effective regulation of 

gaming or enhance the dangers of unfair, unsuitable or 

illegal gaming practices; 

(I) the employee has refused to comply with any reasonable 

and lawful written order of the Director, or the 

Commission; 

(J) the employee has been convicted of, or entered a plea of 

nolo contendere to, a crime involving the sale of illegal 

narcotics or controlled substances; or 

(I<) the employee, through prior activities or criminal 

records (if any), or through reputation, habits and 

associations poses a threat to the public interest or to the 

effective regulation of gaming, or creates or enhances 

the dangers of unsuitable, unfair, or illegal practices, 

methods and activities in the conduct of gaming. 

12.10.2 Investigation Required. Whenever it is brought to the attention 

of the Commission or the Director that grounds may exist for 

suspending or revoking a license pursuant to subsection (1) 

above, the Commission or the Director shall undertake an 

investigation to determine whether disciplinary action should be 

taken pursuant to Section 12.11 below. 

12.10.3 Notification from the NIGC. If, after the issuance of a gaming 

license, the Commission or Director 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 section 12 above, the Commission or the 

Director shall suspend such license and shall notify in writing 

the licensee of the suspension and the proposed revocation. The 

Commission shall notify the NIGC of its decision after the 

revocation hearing within forty-five (45) days after receving 

such notification from the NIGC that a lcey employee or a 

primary management official is not eligble for employment. 
12.1 1 Basis of Suspension of Employee Gaming License. 

12.1 1.1 If the Commission determines that provisions listed pursuant to 

Section 12.10.1 were violated by any gaming employee 

licensee, the Commission shall provide written notice to the 

gaming employee licensee and afford the licensee the 

opportunity for a hearing prior to the issuance of any written 

order from the Commission suspending a gaming employee 

license. Only in the event the Comn~ission determines that 

there exists a direct and immediate threat to the peace, safety, 

morals or health or welfare of the community may the 

Commission summarily suspend a gaming employee license 

pursuant to Sections 12.11.2 and 12.11.3. In the event the 

Commission suspends a license, the Commission may proceed 

to revoke a gaming employee license and affording the gaming 

employee licensee the opportunity to written notice and a 

hearing within thirty (30) days of any order suspending a 

gaming employee license. The Commission shall not, however, 

have the authority to suspend the pay of a licensee during the 

suspension process and/or any suspension periods. The 

Commission may assess penalties andlor fines against a licensee 

in the event such conduct of a licensee warrants penalties and/or 

fines. 

12.11.2 Emergency Suspension. Any gaming employee license may 

only be temporarily and immediately suspended by written 

order of the Commission for not more than thirty (30) days if 

any of the following have occurred: 

(A) the employee's continued employment as a primary 

management official or key employee of a game or 

gaining operation poses a direct and immediate threat to 

the peace, safety, morals or health or welfare of the 

community; 

(B) the employee has made a material false statement in his 

license application; 

(C) the employee has participated in gaming unauthorized 

by his tribal gaming license; or 

(D) the employee has refused to comply with any written 

and lawhl order of the Commission or the National 

Indian Gaming Commission. 

12.1 1.3 If an employee has conducted any of the events as contained in 

Section 12.11.1(A) through (E) above, or that his non- 
compliance with this Ordinance is a direct and immediate threat 

to the peace, safety, morals or health or welfare of the 

community, the Commission shall issue a written order of 

temporary suspension of the employee's gaming license which 

notice shall be served upon the employee or any agent of the 

employee. The order shall state the grounds upon which it is 

issued and the employee's right to a hearing. The employee 

shall immediately cease and desist operating in his gaming 

employee position upon receipt of the order. The Commission 

shall hold a hearing on the order within 14 calendar days of its 

receipt of the appeal (unless the hearing date is mutually 

extended by the Commission and the employee). At the hearing 

the employee shall have an opportunity to present testimony and 

cross-examine opposing witnesses, and to present any other 

evidence as to why his license should not be revoked. The 

hearing shall be governed in all respects in accordance with 

Tribal law and Commission regulations. The burden shall be on 

the licensee to establish continued eligibility for a license. 

12.11.4 After the hearing, the Commission shall make one of the 

following dispositions: 

(A) revoke the license; 

(B) reinstate the license; 

(C) order a further suspension or not more than sixty (60) 

days; or 

(D) reinstate the license with conditions or limitations 

12.1 1.5 The decision of the Commission is final. The Commission may 

revoke a license regardless of whether: 

(A) the licensee has been disciplined or discharged by the 

licensed gaming operation or the Authority; 

(B) criminal or civil remedial forfeiture proceedings have 

been initiated; or 

(C) if criminal charges were brought, whether or not such 

charges resulted in dismal or acquittal. 
Section 13. LICENSING OF GAMING SERVICE SUPPLIERS; BACICGROUND 

CHECIC. 

13.01 Gaming Service Suppliers. 

13.01.1 Any person who supplies gaming services in the amount of 

$5,000 or more in any one month period, or $75,000 annually, 

to any licensed gaming operation shall have a license issued by 

the Commission or the Director, as the case may be. 

13.01.2 Prior to entering into any agreement, the licensed gaming 

operation or the proposed gaming services supplier, and all 

persons holding a direct or indirect financial interest in the 

gaming services supplier or in the agreement for such services, 

shall provide to the Director such information as the Director 

shall prescribe to permit the Director to conduct a background 

investigation on those persons or entities. The applicant shall 

provide any additional information that the Director may 

request. 

13.01.3 The Director shall review the information submitted and 

recommend to the Commission, based upon the applicant's 

prior activities, criminal record, if any, and reputation, habits 

and associations, whether to license the gaining services 

supplier. The Commission shall review the Director's 

recommendation and decide whether to issue the license, 

provided, however, any Commissioner that performs the 

background on a gaming service suppier shall not participate in 

actions, discussion, or voting where a perceived conflict of 

interest exists. No license shall be issued if the applicant, or 

any manager or person holding direct or indirect financial 

interest in the supplier or the proposed agreement is determined 

to have: 

(A) participated in or have involvement with organized 

crime; or 

(B) been convicted of or entered a plea of guilty or no 

contest to a gambling related offense, fraud or 

misrepresentation; or 

(C) been convicted of or entered a plea of guilty or no 

contest to any other felony offense within the 

immediately preceding five years, unless that person has 

been pardoned. 

13.01.4 The Authority or a gaming operation shall not contract with or 

purchase any equipment, supplies or services from any gaming 
services supplier if the supplier does not have a required gaming 

license or the backsound check reveals that such supplier, or 

any manager of or person holding a direct or an "Indirect 

Financial Interest" in such supplier or the proposed lease or 

contract: 

(A) has been convicted of or pled guilty or no contest to any 

felony offense within the immediately preceding five 

years; or 

(B) has participated in or has involvement with organized 

crime or unlawful gaming; or 

(C) whose prior activities, criminal record, if any, or 

reputation, habits, and 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. 

13.01.5 Any license issued pursuant to this section shall be effective for 

a period of one year from the date of issuance. 

13.01.6 A holder of a gaming supplier license shall petition to have his 

license renewed, by applying to the Director or the Commission 

for a renewal thirty (30) days before the original license has 

expired and updating all information contained in the original 

application. 

Section 14. MANAGEMENT CONTRACTS. 

14.01 Commission Approval Required 

14.01.1 Any management contract entered into by the Authority or by 

the Tribe for the management of Class I1 or Class I11 gaming 

must be submitted to the Commission for approval and a 

finding of suitability. Before approving such contract, the 

Commission shall require and obtain the following information: 

(A) the name, address of each of the following: 

(i) each person with management responsibility for 

a management contract; 

(ii) each person who is the director of a corporation 

that is a party to a management contract; 
(iii) each member of the Board of Directors of a 

corporation that is a party to a management 

contract; 

(iv) each stockholder of a corporation who holds 

either directly or indirectly 10% or more of its 

issued and outstanding stock; 

(v) each person who has a direct or indirect financial 

interest in an entity that is a party to a 

management contract; and 

(vi) each person who has a direct or indirect financial 

interest in a management contract. 

(B) for each of the individuals identified in subsection (A), 

the management contractor shall provide to the 

Commission: 

(i) full name, other names used, social security 

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

and gender; 

(ii) a current photograph, driver's license number, 

and which state(s) issued a driver's license; 

(iii) business and employment positions held, 

business and residence addresses held currently 

and for the previous ten (10) years; the city, state 

and country of residence from age eighteen (1 8) 

until the present; 

(iv) the names and current addresses of at least three 

(3) personal references, including one personal 

reference who was acquainted with the person at 

each different residence for the past five (5) 

years; 

(v) current residence and business addresses and 

telephone numbers; 

(vi) a description of any previous business 

relationships with Indian tribes, including 

ownership interests in those businesses; 

(vii) a description of any previous business 

relationships with the gaming industry generally, 
including ownership interests in those 

businesses; 

(viii) 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; 

(ix) for each gaming related offense and for each 

felony for which there is an ongoing prosecution 

or a conviction, or for which a plea of guilty or 

no contest was entered, the name and address of 

the court involved, the charge, and the dates of 

the charge and of the disposition; 

(x) 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 dates of the 

prosecution and the disposition; 

(xi) a complete financial statement showing all 

sources of income for the previous three years, 

and assets, liabilities, and net worth as of the 

date of the submission; and 

(xii) the management contractor shall arrange will1 an 

appropriate federal, state or Tribal law 

enforcement authority to supply the Commission 

with a completed fingerprint form (form FD258) which is supplied by the NIGC for each of 

the individuals identified in Section 14.01. 

14.01.2 The management contractor shall supply any further or 

additional information as may be required by the IGRA, NIGC 

regulations or the Compact. 

14.01.3 The management contractor and any other person listed in 

Section 14.01.1(A) shall be required to respond to such written 

or oral questions as the Commission may propound in 

accordance with its responsibilities under this section. 

14.01.4 For purposes of this Ordinance, any reference to the 

management contract described in Section 14.01.1 shall be 

considered to include all collateral agreements to such contract 

that relate to the gaming operation. 
14.02 Requirements for Approval. The Commission inay approve any 

management contract entered into by the Tribe or by the Authority only if 

the Commission determines that such contract provides at a minimum: 

14.02.1 That all gaming covered by the contract will be conducted in 

accordance with the IGRA, NIGC regulations, the Compact and 

this Ordinance. 

14.02.2 For the establishment and maintenance of satisfactory 

accounting systems and procedures that shall, at a minimum: 

(A) include an adequate system of internal accounting 

controls; 

(B) include the preparation of financial statements in 

accordance with generally accepted accounting 

principles. 

14.02.3 For immediate access to the gaming operation, including its 

books and records, by appropriate Tribal officials who shall 

have a right to verify the daily gross revenues and income made 

from any gaming activity. 

14.02.4 For verifiable financial reports that are prepared by or for the 

Tribal Council on a monthly basis. 

14.02.5 For a minimum guaranteed payment to the Tribe that has 

preference over the retirement of development and construction 

costs. 

14.02.6 For an agreed ceiling for repayment of development and 

construction costs. 

14.02.7 For a contract term not to exceed five years, except that, upon 

the request of the Tribe, a contract term of not more than seven 

years may be approved where the capital investment required 

and the income projections for the gaming activity require the 

additional time. 

14.02.8 For grounds and mechanisms for terminating such contract. 

14.02.9 For preference to Native Americans in the hiring of employees 

for the licensed gaming operation. 

14.02.10 For a fee based upon a percentage of the net revenues of a 

licensed gaming operation that is reasonable in light of 

surrounding circumstances. Such fee shall not exceed thirty 

(30%) of the net revenues except that a management fee of not 
more than forty percent (40%) of net revenues may be approved 

when requested by the Tribe only if the capital investment 

required and income projections for such gaming activity 

require the additional fee. 

14.03 Contract Disapproval. The Commission shall not approve any 

management contract if it determines that: 

14.03.1 Any person listed in Section 14.01.1(A): 

(A) is an elected member of the Tribal Council; or 

(B) has been or subsequently is convicted of any felony or 

gaming offense; or 

(C) has knowingly and willfully provided materially 

important false statements or information to the 

Commission or Tribal officials or has refused to respond 

to questions propounded under Section 14.01.3; or 

(D) has been determined to be a person whose prior 

activities, criminal record if any, or reputation, habits, 

and 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 the carrying on of the business and financial 

arrangements thereto; 

14.03.2 The management contractor has, or has attempted to, unduly 

interfere with or influence for its gain or advantage any decision 

or process of the Tribal Government relating to gaming activity; 

or 

14.03.3 The management contractor has deliberately or substantially 

failed to comply with the terms of the management contract or 

the provisions of the IGRA, NIGC regulations, the Compact or 

this Ordinance. 

14.04 Modifyinv or Voidinv Contract. 

14.04.1 The Commission, after notice and hearing, shall have the 

authority to require appropriate contract modifications or may 

void any management contract if it subsequently determines 

that any of the provisions of this Ordinance have been violated. 

14.04.2 If the Tribe elects to agree contractually to resolve disputes in a 

manner other than by revocation of a management contract, 
such contractual agreement shall supersede Section 14.04.1 so 

long as the agreement provides a reasonable avenue for the 

Tribe to insure a contractor's compliance with all other aspects 

of this Ordinance. 

14.05 Conveying Interest in Land. No management contract shall transfer or 

in any manner convey any interest in land or other real property, unless 

specific statutory authority exists and unless clearly specified in writing in 

the contract. 

14.06 Fee for Costs of Investigation. The Commission shall require a potential 

contractor to pay a fee to cover the cost of investigation necessary to reach 

a determination required by this Title. 

14.07 Approval by Tribal Council. The Commission shall approve no 

management contract unless first reviewed and approved by the Tribal 

Council through resolution. 

14.08 Submission to NIGC. After the Commission has given its approval of a 

management contract, the Commission shall submit such contract to the 

NIGC for its approval. Any such contract shall not take effect until the 

NIGC has approved it. 

14.09 Notice to State of Michigan. If the Tribe enters into a management 

contract for the operation of any class I11 gaming or component thereof, 

the State of Michigan shall be given written notice of such contract. 

Section 15. ENFORCEMENT. 

15.01 Jurisdiction. Except as provided in this Ordinance and in any Compact, 

the Tribal Court shall have jurisdiction over all violations of this 

Ordinance. 

15.02 Prohibited Acts. In addition to other civil and criminal offenses provided 

for in this Ordinance, the following acts are prohibited and subject any 

violator to the civil remedies or criminal penalties specified herein: 

15.02.1 Participating in any Gaming not authorized by this Ordinance. 

15.02.2 Knowingly making a false statement in an application for a 

license with the Director or with the Coinmission. 

15.02.3 Knowingly making a false statement in connection with any 

contract to participate in any gaming. 

15.02.4 Attempting to bribe any person participating in any gaming. 

15.02.5 Offering or accepting a loan, financing or other thing of value 
between a Coinmission member or employee and any person 

participating in any gaming. 

15.02.6 Promoting or participating in any illegal gaming. 

15.02.7 Failing to keep sufficient books and records to substantiate 

receipts, disbursements and expenses incurred or paid from any 

gaming authorized pursuant to this Ordinance. 

15.02.8 Falsifying any books or records that relate to any transaction 

connected with any gaming pursuant to this Ordinance. 

15.02.9 Conducting or participating in any gaming which in any manner 

results in cheating or misrepresentation, and which allows any 

other disreputable tactics which 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 which affects its outcome. 

15.02.10 To conduct gaming with or to allow participation in gaming by 

or with an intoxicated or disorderly player. 

15.02.11 To allow or participate in the sale of liquor at gaming facilities 

when such sale is prohibited by Tribal law. 

15.02.12 To accept consideration other than money, personal checks or 

other approved consideration for the chance to play or 

participate in any gaming. 

15.02.13 To use bogus or counterfeit chips or charitable gaming tickets, 

or to substitute or use any cards, charitable gaming tickets or 

gaming equipment that has been marked or tampered with. 

15.02.14 To employ or possess any cheating device or to facilitate 

cheating in any gaming. 

15.02.15 To willfully use any fraudulent scheme or technique to change 

the odds of any game of chance. 

15.02.16 To solicit, directly or indirectly, or use inside information on the 

nature or status of any gaming for the benefit of an individual. 

15.02.17 To tamper with a gaming device or attempt to conspire to 

manipulate the outcome or the payoff of a gaming device, or 

otherwise unlawfully tamper with or interfere with the proper 

functioning of the machine. 

15.02.18 To alter or counterfeit a gaming license. 
15.02.19 To aid, abet, or conspire with another person knowingly or 

knowingly to cause any person to violate any provision of this 

Ordinance or any rules and regulations adopted hereunder. 

15.02.20 To operate, use or make available to the public any illegal 

gaming device, apparatus, material, or equipment. 

15.02.21 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. 

15.02.22 To assist or allow a person who is under age to participate in a 

game of chance. 

15.02.23 To possess any illegal narcotics or controlled substances in any 

licensed gaming facility. 

15.02.24 To steal or attempt to steal funds or other items of value from 

any gaming operation or from the Commission. 

15.02.25 To employ any person at a licensed gaming operation whom the 

operator knows has been convicted of a gaming crime or a 

crime of fraud. 

15.02.26 To conspire with or induce any person to violate any of the 

provisions of this Ordinance or any tribal or federal law. 

15.02.27 No gaming operation or any gaming operation employees or 

agents shall engage in any act, practice, or course of operation 

which could result in a fraud or deceit upon any person. 

15.02.28 No gaming operation shall employ any person who has been 

convicted of or entered a plea of nolo contendere to a criminal 

offense committed in Michigan or any other jurisdiction, 

involving theft, fraud, or misrepresentation, which would be a 

felony if committed in Michigan, and which was committed as 

an adult or prosecuted as an adult offense, and which has not 

been effectively removed from the person's criminal record by 

executive pardon, state court order, or operation of law; or to a 

gaming crime. 

15.03 Criminal Violation. Any Person who violates or fails to comply with any 

provision of this Ordinance, or who fails or neglects to comply with any 

order or decision of the Commission, shall be guilty of a crime and may be 

required to pay a fine not to exceed $5,000 or be incarcerated for a period 

not to exceed 1 year. Each day during which any such violation or failure 

to comply continues shall constit~lte a separate violation of this Ordinance. 

Criminal violations of this Ordinance may only be determined by the 

GUN LAKE TRIBAL GAMING ORDINANCE - 55 
MBPI Tribal Court. 

15.04 Civil Violation. Any non-Indian who violates or fails to comply with any 

provision of this Ordinance, or who fails or neglects to comply with any 

order of the Director or the Commission, shall be liable for a civil fine not 

to exceed $5,000 for each violation thereof. Each day during which any 

such violation or failure to comply continues shall constitute a separate 

violation of this Ordinance. The amount of any such civil fine may be 

recovered in a civil action in the Tribal Court. Civil violations of this 

Ordinance may only be determined by the MBPI Tribal Court. 

15.05 Cumulative Fines. All civil fines accruing under this Ordinance shall be 

cuinulative 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 against any officer, director, agent, or 

employee of any operator, or any other person. 

15.06 Purpose of Civil Fines. The civil fines imposed under this Ordinance 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 Ordinance. The civil fines 

under this Ordinance are also intended to coerce all people into complying 

with this Ordinance and Commission regulations. The civil fines are not 

to punish such people for violation of such laws and regulations. 

15.07 Civil Action for Fines. In enforcing the civil infraction provisions of this 

Ordinance, the Commission shall proceed, In the name of the Tribe, 

against a person for violation of such provision by civil complaint 

pursuant to the provisions of this Ordinance. The Commission in such 

action shall have the burden of showing, by the preponderance of the 

evidence, that such person violated the applicable provision of this 

Ordinance. 

Section 16. INTERPRETATION. 

16.01 The provisions of this Ordinance, being necessary for Tribe and its 

members, shall be liberally construed purposes and objectives thereof. 

Section 17. DESIGNATED AGENT FOR SERVICE OF PROCESS. The designated 

agent for service of process is as follows: 

MBPI Tribal Chairperson 

1743 142nd Avenue, Suite 7 

Dorr, MI 49323 

616-681-8830-Phone 

616-681-8836-Fax 
With copies to: 

MBPI General Counsel 

1123 129th Avenue 

Wayland, MI 49348 

269-792-7742 Phone 

269-792-7744 Fax 

MBPl Tribal Gaming Commission Chairperson 

1123 129th Avenue 

Wayland, MI 49348 

269-792-1750 Phone 

269-792-41 19 Fax