AUG 2 2 2011 

By First Class Mail 

Brooklyn D. Baptiste, Chairman 

Nez Perce Tribe Executive Committee 

P.O. Box 305 

Lapwai, Idaho 83540 

Re: Nez Perce Tribe amended gaming ordinance 

Dear Chairman Baptiste: 

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

review and approve an amendment to the Nez Perce Gaming Ordinance. The amendment was 

approved by tribal resolution NP 11-25 1 on March 22,201 1. 

I note that the amendment authorizes the placement of state lottery ternlinals on 

the reservation. Pursuant to IGRA. the Tribe must receive not less than 60% of the net 

revenues from gaming owned by a person or entity other than the Tribe. I further note 

that the Tribe's ordinance also includes this requirement. 

Thank you for bringing this amendment to our attention and for providing us with a copy 

of the updated ordinance. The ordinance is approved as it is consistent with the requirements of 

the IGRA and the NIGC's regulations. If you have any questions, please feel free to contact 

Senior Attorney John R. Hay at 202-632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St NW, Suite 9100. Washington, DC 20005 Tel: 202632.7003 Fax: 202.632.7066 WWW.NIGC.GOV 

REGIONAL OF~ICES Portland, OR: Sacramento, CA: Phoenix. AZ: St. Paul, MN;Tulsa, OK 
RESOLUTION 

WHEREAS; the Nez Perce Tribal Executive Committee has been empowered to act for and 

in behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By-Laws, 

adopted by the General Council of the Nez Perce Tribe, on May 26, 1961 and approved 

by the Acting Commissioner of Indian Affairs on June 27, 1961 ; and 

WHEREAS, it is the responsibility of t.he Nez Perce Tribal Executive Committee (NPTEC) 

to promote and protect the health, education and welfare of the Nez Perce 

people; and 

WHEREAS, there were proposed amendments to various sections of the Chapter 6-2, 

Gaming Ordinance. 

NOW, THEREFORE BE IT RESOLVED, that having opened a comment ~eriod for the 

required minimum of fifteen (15) days and having considered such 

comments, the Nez Perce Tribal Executive Committee hereby authorizes the 

amendments (see attached) to Chapter 6-2, Gaming Ordinance. 

CERTIFICATION 

The foregoing resolution was duly adopted by the Nez Perce Tribal Executive Committee 

meeting in Special Session, March 22,201 1, in the Wa A'Yas Community 

Center, Kamiah, Idaho, a quorum of its Members being present and voting. 

ATTEST: 
CHAPTER 6-2 

GAMING ORDINANCE 

(adopted by NPTEC 919103 and approved by NIGC 2/27/04) 

5 6-2-1 Definitions 

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

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

$ 2701 et seq., and its regulations, 25 C.F.R. 5 500 et seq. 

(a) "Act" means the Federal Indian Ganing Regulatory Act, Pub. L. 100-497,25 U.S.C. 

$§ 2701 etseq. and 18 U.S.C. §$ 1166-68. 

(b) "Bingo" ineans a gaine, whether or not electronic, computer or other tecl~nological 

aids are used in connection therewith 

1) which is played for prizes, including monetary prizes with cards bearing 

nu~nbers or other designations 

2) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically 

determined; and 

3) in which thc game is won by the first person covering a previously designated 

arrangement of numbers or designations on such cards, including (if played in 

same location) pull tabs, lotto, punch cards, tip jars, instant bingo, and other 

games similar to bingo. 

(c) "Class I gaming" ineans social gaines solely for prizes of miniinal value or traditional 

forms &Indian gaming engaged in by individuals as a part of, or in connection with, 

tribal ceremonies or celebrations. 

(d) "Class 11 galling" see $6-2-8 

(e) "Class I11 garning" incans all for~ns 01 gamiug that are not class I or class 11 gaming. 

(t) "Com~nission" or "Gaming Cornmission" means the Nez Perce Tribal Gaining 

Commission, the single tribal agency primarily responsible for regulatory oversight 

and for lnonitoring coinpliance with Tribal, Federal and applicable State regulations. 

(g) "Fishing Derby" means a fishing contest, with or without the payment or given of any 

entry fee or other consideration by some or all of the contestants wherein prizes are 
awarded for the species, size, weight or quality of fish caught in a bona fide fishing or 

recreational event. 

(11) "Fund raising event" ineans a fund raising event sponsored by a bona fide religious, 

charitable or nonprofit organization at which gaming activities will be conducted 

under the regulation of the Nez Perce Tribal Gaining Collmission. Gaming as 

authorized under this section may be allowed provided that sixty percent of tle net 

income from such events shall be devoted solely to a lawful purpose of the Nez Perce 

Tribe and provided that the tribal or BIA law enforcement agency shall be notified as 

to the time and place where such activity shall be conducted. 

(i) "Gaming" means those activities defined in 56-2-7, 56-2-8 and 8 6-2-9. 

(j) "Gaming area" means the area where Class I1 or Class 111 gaming occurs. This does 

not include cage, soft count, sl~owrooin, food and beverage, parking lots, delivery 

areas, hotels, warehouses, money areas, gift shops or the Events Center when gaining 

is not being conducted. 

(1~) "Gaining code" means the laws, rules and regulations adopted by the Tribe as 

amended from tiine to tiine governing gaining activities at Tribal gaming facilities, 

and any other gaming operations conducted within the boundaries of the Nez Perce 

Reservation. 

(1) "Gaming employee" means any natural person mployed in the operation or 

rnanagernent of the gaming operation, whether employed by the Tribe or by any 

enterprise providing onsite services to the Tribe within the gaming facility, excluding 

persons providing maintenance, janitorial or other such ancillary non-gaming services 

such as food service e~nployees. For purposes of this chapter, "gaming employee" 

shall include any employee whose duties include the handling of cash generated from 

Class I1 or Class I11 ganliug activities. 

(m)"Gaming contractor" rneans persons or cntities which engage in gaming relatcd 

contracts that result in the purchase of supplies, scrviccs, or collcessions in excess of 

$25,000.00 annually, except contracts for professional legal and accounting services. 

(11) "Gaming facility" or "gaming facilities" means all buildings, i~uprovements and 

facilities used or maintailled in connection wit11 the conduct of gaining whether or not 

authorized by the Nez Perce Tribe. 

31 may 2011 - 2 
(0) "Gaining operation" ineans any gaming enterprise whether or not authorized by the 

Tribe on Indian lands for the conduct of gaining. 

@) "Indian lands" ineans Indian lands as defined in the Act, as well as lands within the 

State which meet the requirements of 25 U.S.C. $2719. 

(q) ''Icey employee" means: 

1) a person who performs one or inore of the following hnctions: 

i. All bingo personnel 

ii, bingo caller; or 

iii. bingo supervisor 

iv. any cashier; 

v, all security personnel; or 

vi. any shift manager; or 

vii. any shift supervisor; or 

viii. all vault personnel; or 

ix. all surveillance personnel; 

x. counting room supervisor, personnel, drop team personnel; 

xi. custodian of gaming supplies or cash; or 

xii, floor manager; or 

xiii. pit boss; or 

xiv. croupier; or 

xv, approver of credit, pay-outs or conlplimentary items; 

xvi. custodian of gsuning devices (including persons with access to cash 

and accounting records within such devices) andlor financial records; 

xvii. If not otherwise included, any othcr person whose total cash 

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

xviii. If not otherwise included, tl~e four (4) most highly coinpensated 

persons in the gaming operation. 

(r) "License" and variations of that word such as licenses and licensed, unless otherwise 

defined herein and as indicated by the context, means either: 

1) an approval or certification issued by the Ncz Pcrce Tribal Gaming 

Co~ninission to any natural person or enterprise to bc involved in the 

gaming operation or in the providing of gaining services lo the gaining 

operation, or 
2) the for~nal doc~unent evidencing authority granted by the Nez Perce 

Tribe to engage in gaming under this Act. 

(s) "Licensee" ineans any natural person or enterprise that has been approved and 

licensed by the Nez Perce Tribe Gaming Commissio~l to be involved in the 

gaining operation or in the provisioil of gaming services to or in the gaming 

opera'tions. 

(t) "Management Coiltract" ineans a contract for the developineilt and 

management of a Class 111 gaming operation, as provided in Article 9 of the 

Nez Perce 1995 Class I11 Gaining Compact with the State of Idaho, and 

approved pursuant to the Act. 

(u) "Mai~agement Contractor" meails any person, corporation or entity that enters 

into a development and management contract with the Tribe pursuant to 

Article 9 of the Nez Perce 1995 Class 111 Gaining Compact. 

(v) "Net revenue" means gross gaming receipts of a gaining operation minus 

amounts paid out as, or paid for, prizes; and total gaining-related operating 

expeilses, excluding inanagement fees. 

(w) "NIGC" means the National Indian Gaming Commission 

(x) "NPTEC" meals the Nez Perce Tribal Executive Committee, which is the 

govcrning body of the Nez Perce Tribe. 

(y) "Operator" means any person, organizatioil or entity that operates any 

gaming activity that is subject to regulation under tbis Ordinance, on the Nez 

Perce Resewation. 

(z) "Pan-~nutual betting" means a system of wagering on a live race whereby the 

winners divide the total amount wagered, in proportion to the amount 

individually wagered after deducting commissions, fees and taxes. For 

purposes of this Ordinance wagering on live races is authorized if it occurs 

either at a racetrack or on India~l lands by ineans of a simulcast of a live race 

and is approved by the Coinniission. 

(aa) "Primary management official" means: 

31 may 2011 - 4 
(1) the person having rnallageinent responsibility for a management contract; 

01' 

(2) any person who has authority to hire and fire enlployees or to set up 

working policy for the gaming operation; or 

(3) the executive officer; or 

(4) other person who has financial management responsibility; including 

(a) accounting controller; or 

(b) the general manager. 

(bb) "Regulations" rneans the gaming regulations promulgated by the 

Nez Perce Tribe pursuant to this chapter. 

(cc) "Simulcast" means a sinlultaneous telecast of a live race, including horses, dogs, 

mules and any other race contest of a species legal in this jurisdiction. 

(dd) "State" means the State of Idaho, its authorized officials, agents and 

represeutatives. 

(ee) "State galling agency" means the Ida110 State Lottery or any other agency 

designated by the State of Idaho to coordinate Class 111 ganling. 

(ff) "State Lottery" means: 

(1) Any type of game that the State hereafter conducts as a lottery game. 

(gg) "Track" means an in-state or out-of-state facility licensed lo operate horsc or 

other racing where pari-mutuel wagering on races is conclucted. 

(hh) "Tribal law cnforcc~nent agency" means the police forcc of the TTbe, established 

and maintained by the Tribe, pursuant to the Tribe's powers of self-government to 

carry out law enforce~nent on Indian lands. 

(ii) "Tribe" means the Nez Perce Tribe its authorized officials, agents and 

representatives. 

5 6-2-2 Purpose 
This ordinance is enacted to: 

(a) Regulate all forms of pernlissible and authorized gaining within the jurisdiction of the 

Nez Perce Tribe. 

(b) Safeguard all persoils from ullscrupulous and illegal operations of any type of 

gaining. 

(c) Protect all persons from any infiltration of orga~~ized crime into any gaming 

operation within the jurisdiction. 

(d) Provide for tribal audit system on all gaming operations. 

(e) Provide that the Tribe will have primary regulatory authority over all fonns of 

gaining on the Nez Perce Reservation subject only to applicable federal law. 

(Q Provide for system of investigations of all persons associated wit11 gaining. 

(g) Provide a system of licensing for any gaining activities subject to the provisions of 

this Act that occur within the Nez Perce Reservation. 

(h) To provide revenues for the operation of the tribal government. 

(i) To allow the tribal governinelit to use the revenues generated for tribal self 

determination, to generate value on the reservation, to provide additional tribal 

services, employment for tribal members and for general econo~nic developinent aid 

individual self-sufficiency of tribal members. 

(i) To hal~~ionize with and adhere to the Indian Gaining Regulatory Act, Public Law 

100-497, 102 Stat. 2467-88.25 U.S.C. $5 2701 et seq. as enacted by thc U.S. 

Congress on October 17, 1988. 

(k) To cooperate and agree on a sovereign to sovereign basis with the State of Idaho and 

ally other concer~~ed oraffected states to enter illto compacts or other agreements for 

gaming operatioil, regulation or coordination. 

(I) To establish a coininissioil within the tribal organization to oversee and regulate 

gaming consistent with this odi~lailce and within the precepts established by the Nez 

Perce Tribal Executive Committee. 

5 6-2-3 Ownership of Gaming and Use of Gaming Revcnuc 
(a) The Tribe shall have the sole proprietary interest in and responsibility for the conduct 

of any ga~ning operation authorized by this ordinance unless individually owned 

ga~ning is approved and licensed under this ordina~~ce. 

(1) In order to be licensed by the Nez Perce Tribe, individual owners, in 

addition to the requirements of this ordinance, shall also be required to: 

(i) Pay to the Nez Perce Tribe not less than 60 percent of the 

individually owned operation's net revenues, to be used only 

for the purposes set forth below; 

(ii) Pay an assessment to the National Indian Gaming 

Colnmission as set forth in 25 CFR 9 5 14.1; 

(iii) Comply with eligibility standards of a State license for the 

same activity, so that if the individual is ineligible to receive a 

State license to conduct the same activity within that 

jurisdiction, a tribal license shall be denied. 

(b) Net revenues from tribal gaming or from individually owned gaines or State Lottery 

agreements shall be used only for one or more of the following purposes: 

1) To fund tribal government operations or programs; 

2) To provide for the general welfare of the tribe and its members; 

3) To promote tribal economic development; 

4) To donate to charitable organizations; or 

5) To help 51nd operations of local government agencies. 

(c) If the Tribe elects to make per capita payments to tribal menlbers, it shall authorize 

such payn~ents only upon approval of a plan submitted to the Secretary of the Interior 

under 25 U.S.C. § 2710(b)(3). 

(d) The Nez Perce Tribe hereby specifically reserves, through its inherent power, the full 

right and authority to adopt or impose a uniform and comprehe~~sive system of 

revenue, taxation and licensing relating to gaming allowed by this ordinance. 

5 6-2-4 Severability (section amended by NPTEC 919103) 

Ira~~y clause, provision or scction of this ordinance shall be ruled invalid or 

unenforceable by any court ol competent jurisdiction by final order after all appellate 

jurisdiction is cxhaustcd, such holding shall not invalidate or render unenforceable 
any other remaining provisiolls of this ordinance. Until such final order is entered and 

review exhausted, the questioned provisions shall be valid absent an enforceable 

injunction to the contrary, in full force and effect. 

5 6-2-5 Amendment 

Except as provided in 5 6-2-13(1n), all powers of anlendinent are retained by the Nez 

Perce Tribal Executive Committee. 

5 6-2-6 Sovereignty 

The Nez Perce Tribal Executive Committee acting for the Nez Perce Tribe by this 

enactment, does expressly retain and does not in any way waive its right of 

sovereignty as expressed in treaties, laws or in any other manner. 

AUTHORIZED GAMBLING ACTIVITIES 

5 6-2-7 Class I Gaming 

Class I gaming is defined as social games solely for prize of minimal value or 

traditional forms of Indian gaming engaged in by individuals as part of, or in 

connection with. tribal ceremonies or celebrations. 

(a) Class I gaming may be engagcd in by individuals and organizations without 

restriction and is not subject to the provisions of this Act. 

5 6-2-8 Class I1 Gaming 

Class I1 gan~ing is dcfined as: 

(a) The game of cllcu~ce conlmonly known as bingo (whether or not electronic, comnputer, 

or other technological aids are used in collnection therewith) 

1) which is played for prizes, including monetary prizes, wit11 cards 

bearing nurnbers or other designations; 

2) in whlch the holder of the card covers such nurnbers or dcsignat~ons 

with objects, similarly nurnbcrcd or designated, which are drawn or 

electronically deter~nined; and 

31 may 2011 - 8 
3) in which the game is won by the first person covering a previously 

designated arrangement of llumbers or designations on such cards, 

including, (if played ill the same location) pull-tabs, lotto, pullch 

boards, tip jars, insta~~t bingo, and other games similar to bingo; and 

(b) Card games that: 

1) are explicitly authorized by the laws of the State of Idaho, or 

2) are not explicitly prollibited by the laws of the State of Idaho and are played at 

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

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

operation of such card games or limitations on wagers or pot sizes in such card 

games. 

(c) The Nez Perce Tribe has authorized Idaho State Lotte~y Tern~inals located on the Nez 

Perce Reservation, through the 2008 Class I11 Gaming Compact 

(d) The Nez Perce Tribe may engage in Class I1 gaming as an operator without the 

necessity of a license under this Act but shall comply with other applicable provisions 

of this Act. 

(e) Until this Act is amended by appropriate action of the Nez Perce Tribal Executive 

Committee in a manner consistent with the relevant provisions of the National 111dian 

Gaming Regulatory Act, 25 U.S.C. $5 2701et seq., the Nez Perce Tribe shall be the 

only entity or organization authorized to engage in gaining activities on the Nez Perce 

Reservation for profit to the exclusion of any othcr entity, organization or person. The 

Nez Perce Tribe may conduct or license gaming activities on behalf of bona fide 

charitable, religious and non-profit orgailizations subject to regulations pro~nulgated 

by the Coinmission on this topic and the National India11 Gaming Regulatory Act, 25 

U.S.C. $5 2701 et seq. 

5 6-2-9 Class 111 Gaming 

(a) Class I11 gaming means all rorms of gaming that are not Class I or Class 11 gaming. 

(b) No person, entity, corporation, organization or government, except the Nez Perce 

Tribe, shall authorize or conduct any form of Class 111 gaming within the Nez Perce 

Reservation unless such gaming is consistent with: 

1) the Indian Gaming Regulatory Act; 
2) a Tribal-State coinpact for Class I11 gaining; and 

3) is licei~sed by the Nez Perce Tribe. 

(c) The Nez Perce Tribe has authorized Idaho State Lottery Ter~nillals located on the Nez 

Perce Reservation, through the 2008 Class I11 Gaining Compact. 

(d) The Nez Perce Tribe shall enact rules and regulations regarding licensing of Class 111 

games which shall be consistent with the provisions of the Iildian Gaining Regulatory 

Act and the laws of the Nez Perce Tribe. 

(e) Any person, entity, corporation, organizatioil or goverili~lenthat conducts Class 111 

gaming within the Nez Perce Reseivation or that purports to authorize such gaming in 

violation of the laws or regulations of the Nez Perce Tribe commits a civil infraction. 

(f) Any person, entity, corporation, organization or goveimnent fouild to have cominitted 

a civil infraction by failing to comply with the laws of the Nez Perce Tribe shall be 

subject to a civil fine in addition to other legal and equitable remedies available in 

civil cases. 

(g) The Nez Perce Tribal Executive Committee hereby reserves the right to later enact 

authorization of Class I11 gaming as defined herein upon proper coinpliai~ce with the 

Class I11 gaining requirements of the National Indian Gaining Regulatory Act, 25 

U.S.C. $5 2701ct seq. 

3 6-2-10 Gaming Prohibited 

All gaming activities not authorized by this Act are unlawhl and prohibited. 

3 6-2-1 1 Nez Pcrcc Tribe Gaming Commission Established 

(a) The Nez Perce Tribe Gaming Co~IImissioll (the "Commission") shall consist of three 

individuals appointed by the Nez Perce Tribal Executive Committee. Co~mnission 

members shall meet the qualificatioils of a primary manageinent official licensing 

standards, as set forth ill this Ordina~~ce. 

1) NPTEC shall establish such applicatioil procedures as it deems appropriate Tor 

members ofthe Tribe interested in serving on the Cominission. 

(b) The following persons are not allowed to serve on the Commission: 
1) Current inernbers of the Nez Perce Tribe's Enterprise Board (not applicable to any 

designated NPTEC representative) 

2) Persons having a direct or indirect financial interest in a management contract, 

gaming coiltractors (including any principal or member of a illanagement or other 

contracting company); 

3) Persons directly related to or sharing a residence with any parties listed in criteria 

2; 

4) Current Key ErnployeeiPriinary Management officials 

5) Persons previously convicted of a felony, or e~nbezzleinent, of theft, or of any 

other money-related crimes or honesty-related crime (such as fraud). 

(c) Each Coin~nissioner shall serve for a term of three (3) years, with the term begin~ling 

on Jan~iary 1 of the year of the appointment and ending on December 3 1 of the third 

year; except that for the initial group of Coininissioners, one position will be for a 

term of three (3) years, one position will be for a term of two (2) years and one 

position will be for a term of one (1) year allowing for a staggered term process 

thereafter. 

(d) Commission inembers shall serve beyond their term only in the event that NPTEC 

fails to promptly inalte appointments for the subscquent year. Upon the appointments 

for the following year, the prior year's appointine~~ts shall expire. 

(e) Commission positions vacated prior to the end of the term shall be promptly filled by 

NPTEC so that a full Co~n~nission may serve on a continual basis. However, a 

temporary vacancy on the Commission shall not mean the Coininissioil will be nonfunctional, since business can be conducted with a miniinu~l of two ine~nbers being 

present. 

(f) The Co~n~nissioil shall elect amoilg themselves a President, Vice President and 

Sccrctary-Treasurer. Elections shall be conducted each year, within two weelts after 

NPTEC appointments are made. 

(i 6-2-12 Powers and Duties of the Commission and of the Nez Perce Tribal Executive 

Committee with Regard to the Commission Hours, Compensation and Removal (section 

amended by NPTEC 9/9/03) 
(a) Duties shall include: 

1) Such power includes the power to inspect premises. 

2) Safeguard and regulate by civil fines and other actions as specified in 5 6- 

2-25 of this chapter. 

3) Issue licenses when such are required by this chapter, and in accordance 

with 5 6-2-16 through 5 6-2-22 of this chapter. 

4) Deny or revoke such license when the results of a thorough and objective 

investigation by the NPTGC indicates that such action is appropriate 

andlor in accordance with 5 6-2-23 through 5 6-2-25 of this chapter. 

5) Forinulate and promulgate rules and regulations which shall govern in 

detail the issuance of licenses, the amount of the license fee, and the 

revocation of licenses. 

6) Insure the proper record keeping of gambling proceeds of the Nez Perce 

Tribe Gaming Enterprise, gaming licenses and anyone whose gambling 

activities subject him to the provisions of the Bank Secrecy Act, CFR Title 

12, Banks and Banking or CFR Title 3 1, Money and Finance, or any other 

applicable requirement of the Internal Revenue Service. 

7) Insure a review of the appropriatc records of gaming licensees orthe Nez 

Pcrcc Tribe at least cvery three years. Appropriate records are those 

directly related to deternlining a licensee's suitability to hold a gaming 

license. 

8) Cause annual outside audits as required by the Indian Gaining Regulatory 

Act, of all gaming activities on the Nez Perce Reservation to be conducted 

and subnlitted to the National 111dian Gaming Com~nission specifically 

including all gaming-related contracts for supplies, services or concessions 

having a contract iunount in excess of $25,000.00 per aixiuin or in any 12 

month period. 

9) Insure that facilities where gaming occurs are properly constructed and 

maintained and that the operation of the game is conducted in a rnaiuler 

which adequately protects the enviroll~nent and the public health and 

safety. 

31 mav 2011 - 12 
10) Cause to be coilducted backgrou~d investigation and suitability 

deter~ninations of potential gaining employees as required by the National 

Indian Gmling Regulatory Act, 25 U.S.C. 5 2701 et seq. 

b) The President of the Gaining Coin~nission shall oversee the work of the 

Coininission Director, and delegate to the Coininission Director such tasks as the 

Coininission deems necessary. 

1) The role of the Commissio~l Director will be to oversee and manage the 

day-to-day operations and employees of the Commission, and will serve 

as a full time employee. 

c) It shall be the responsibility of tlle NPTEC to set the maximnun hours (not to 

exceed 40 hours per week) and hourly coinpensation for the Gaming Coininission. 

d) Any Gaming Coininission ineinber may be removed by NPTEC for cause, 

including neglect of duty, failure to recuse oneself in cases of coilflicts of interest 

as set forth in 5 6-2-12(d), gross n~isconduct or failure to attend more than one 

half of the regular coininission meetings, or for any offense listed in Q: 4-1-93 

through Q: 4-1-1 11, inclusive of the Nez Perce Tribal Code. 

e) The Chairman or Vice-Chairinan of Law & Order Subcommittee shall be 

appointed by NPTEC to act as the Gaining Comnission for purposcs of making 

the suitability determination for a gaming license applica~~t in the event that a 

Gaming Coininissioner has a conflict, or the appearance of a conflict, and a 

quorum cannot be met including the following: 

1) Any member of the Gaming Coinmission has applicd for thc same 

position held by a particular gaming license applicant; or 

2) Any member of the Gaming Co~ninission has participated in the 

baclcground investigation of a license applicant; or 

3) Any member of the Gaming Coinmission is coilsidered "immediate 

family" as defincd in thc Gaming Enterprise Human Resources Manual, of 

a gaining license applicant. 

GAMING OPERATIONS 

56-2-13 General Gaming Operations Requirements (section an~ei~ded by NPTEC 9/9/03) 

31 mav 2011 - 13 
(a) Each gaming eillployee or operator including owners of an operating entity as defined in 

(0) of this section, prior to beginning work, shall be required to be licensed, at least on a 

teiuporary or conditioilal basis as provided for in this chapter, by the Nez Perce Tribe 

Gaming Coinnlission and shall be required to apply to the Coininission for a 

determination that he: 

1) has not been convicted of ail offense related to gambling, fraud, misrepresentation 

or deception, drugs or a felony; for the past ten (10) years; 

2) has no prior activities, reputation, habits, or associations affecting his present 

conduct that would pose a threat to the effective regulation and control of gaining, 

or enhance the dangers of unsuitable, unfair or illegal practices, methods or 

activities, in the conduct of gaming; and 

3) has no present interest in the conduct of any gaming business, 

(b) The determination shall be confidential unless otherwise required for purposes of the 

tribal Human Resources Manual or the requirements of federal law or regulatioil 

(c) The Gaming Coininission is also subject to periodic background investigations, at the 

discrction of NPTEC, and by the full NPTEC, based on any findings brought to the 

attention of NPTEC by the Internal Auditor or Baclcground Investigator. 

(d) The ernployee or contractor shall follow the application procedure for licenses 

described herein, provided that, no notice shall be published, and no public hearing 

shall be held. No employee may accept any gift or thing oTvalue from a gaining 

contractor. 

(e) In addition to ally provisions of the tribal Human Resources Manual which may be 

applicable, any employee or operator shall be required to coinply with the provisions 

of this ordinance, tlie provisions of his contract with tl~e Tribe, if any, and the 

provisions of applicable federal law. 

(f) Any entity which contracts with a tribal gaining operation, shall be required to submit 

to a determination as required in (a) of this section. No such contract will be valid 

~u~til it is approvecl by thc Colnniission and tlie Secretary of the Interior as is 

necessary undcr federal law. 

(g) Tribally operated gaining shall bc held in conipliance with this ordinmcc, and any 

other applicable laws, rules and regulations. 
(11) Operators or elnployees in charge of tribally operated gaming shall provide required 

reports, audits and the results of any contract for service or supplies at least quarterly 

or when req~iired. 

(i) Any operator or employee of the tribal gaming operation shall deposit the proceeds of 

the gaining operation according to applicable federal and tribal law. 

(j) Any operator or employee may request the assistance of the Comnission in obtaining 

training or iilstruction for the benefit of the tribal gaming operation as well as in 

determining the proper meaning of this ordinance. 

(k) The Coinmission inay require that any operator or enlployee of a tribal gaming 

operation be bonded in a particular amount. The Gaming Enterprise will pay for the 

bonds of the Tribe's ganing employees; independent contractors are responsible for 

the cost of their own bonds. 

(1) The Coininission may recoinrnend to the Nez Perce Tribal Executive Connnittee that 

a particular type of tribal gaming be operated through a management contract. The 

management contract must bc in coinpliance with applicable federal law. Thc 

Commissioil shall require that the proposed operator coinply with the req~~irenlei~ts 

for licenses under this section of the ordinance. A proposed manager need not be a 

tribal member. Sole tribal approval of all management contracts shall remain with the 

Nez Percc Tribal Executive Coininittee. 

(1n)All tribal gaining operations are subject to monitoring and inspection by the 

Coininission or agcnts of the Cominission. 

(11) The Colnlnission shall issue regulations, which will control: 

1) Thc possessioil of firearms by operators or employees. No fireanns or weapons 

of ally lclnd shall bc allowed on gaining premises with the exception of 4 

annorcd car personnel and on-duty law enforcement officers. 

2) Thc security requirements for the operations. 

3) The posting of rules of play. 

4) Rules for the conduct of the games, should the Coininission deem that such rules 

are necessary for the proper conduct of gaming. 

31 may 2011 - 15 
5) Any other regulations controlliilg the operatioil which are deemed necessary in 

writing by Nez Perce Tribal Executive Committee. NPTEC shall provide written 

notice to the Commission, in a reasonably timely manner before additional 

regulations take effect by means of anendinei~ts or revisions to the Tribe's 

gaining compact. 

(0) Ally person authorized by the Coinmission, ail einployee or independent 

contractor, who has a financial interest other than salary or wages or 

management respoilsibility in the coilduct of tribal gaming activities must be 

licei~sed by the Coinmissioil including those persons who may serve on the 

Board of Directors or other gover~ling body of a corporation, bust, partnership 

or other entity or who ow11 ten (10%) or more of the stock of a corporation or 

lilte interest in profits or capital of any other busiiless entity. 

(p) The Co~nmissioil may charge a fee uot in excess of that approved by NPTEC 

for each application of renewal. 

(q) NPTEC has the sole authority to approve the Cominission budget. 

(r) Meinbers of the Commission and its staff are prohibited from participating in 

bingo games. 

(s) Members of the Comnlission and its staff are prohibited from participating in 

any gaining sponsored by the Nez Perce Tribal Gaming Enterprise. This 

prohibition on participation shall not include gaming spoilsored by the Nez 

Perce Tribal Ganiing Enterprise that is Class 1.-(amended by NPTEC 

12/22/09) 

5 6-2-14 Inspection of Premises 

(a) The premises where authorized gambling activities are being held shall be subject to 

inspection and audit at any reasonable time by pcrsoils dcsignatcd by thc 

Cominission. 

(b) The Corn~nissioil shall be provided, at such reasonablc intcrvals as the Coininissio~l 

shall detelmine, with a report, under oath, detailing all receipts and disbursements in 

conllectioil with such gambling activities together with such other reasonable 

i~lforrnation as required in order to determine whether such activities colnply with this 

chapter or other applicable laws, rules or regulations. 
IUCY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS 

5 6-2-15 Applications for Key Ernployee and Primary Management Official Positions 

(section amended by NPTEC 919103) 

(a) Applications for individuals that have been offered employment by the Nez Perce 

Tribe's gaming enterprises for ltey employee and primary management official 

positioils with the Nez Perce Tribe's ga~ning enterprises shall be submitted to the 

Co~lvnission for licensing and background cl~eclts. 

@) The following notice shall be placed on the application form for a key employee or a 

primary management official before that forin is filled out by an applicant: 

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 members and staffwho have need for the 

information in the performance of their official duties, The information may 

be disclosed to appropriate Federal, Tribal, State, local or foreign law 

enforcement and regulatory agencies when relevant to civil, criminal or 

regulatory investigations orprosecutions or when pursuant to a requirement 

by a tribe or the National Indian Gaming Commission 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 oficial or ltey enployee 

position. 

The disclosure of a Social Secwrily Number (SSW is voluntary. However, failure to 

supply a SSNmay result in errors in processing your applicalion. 

(c) Existing ltey employees and pri~mry lnanage~llent officials shall be notified in writing 

that they shall either: 

1) Complete a new application foi~ll that contains a Privacy Act notice; or 

2) Sign a statemel11 that contains the Privacy Act notice and consent to tllc routine 

uses described in that notice. 

(d) The followi~lg notice shall be placed on the appllcat~on form for a lccy 

employee or primary management oElicial before that form is filled out by an 

apphcant. 

31 may 2011 - 17 
A jblse statement on any part ofyour license application may be grounds for 

denying a license or the suspension or revocation of a license. Also, you may 

be punished byjine or imprisonment. & 18 U.S.C. AT 1001. 

(e) The Coininission shall notify in writing existing ltey employees and primary 

management officials that they shall either: 

1) Complete a new application form that contains a notice regarding false 

statements; or 

2) Sign a statement that contains the notice regarding false statements. 

Background Investigations 

5 6-2-16 Applications - Required Information (section amended by NPTEC 9/9/03) 

(a) The Tribe shall require, in its initial investigation of each lcey employee and from 

each primary management official all of the followii~g information: 

1) Full name, other names used (oral or written), social security numbers, birth date, 

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

2) Currently and for thc previous five (5) years: Business and employment positions 

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

and driver's license numbers; 

a 

3) The names and current addresses of at least three personal references, including 

oiic pcrsonal reference who was acquainted with the applicant during each period 

or residence addresses, and drivcrs licensc nunbers; 

4) Current business and residence telephone numbers; 

5) A description of any existing and previous business relationships with any Indian 

tribes, including ownership interests in those businesses; 

6) A description of any existing and previous b~~sincss relationships with the 

gaming industry generally, including ownership interests in those 

b~~sinesses; 

7) Thc lia~nc and address of any licensi~ig or regulatory agency with which the 

person has filcd an application for a license or permit related to gaining, whcther 

or not such license or permit was grantcd; 

8) For cach fclony for which there is an ongoing prosecution or a conviction, the 

charge, the namc or address of the Court involved, and the dale and disposition if 

any; 
9) For each inisdeineanor coilviction or ongoing inisdeineanor prosecution 

(excluding inillor traffic violations), witliin 10 years of the date of the application, 

the name and address of the Court involved and the date and disposition; 

10) For each criminal charge (excluding minor traffic charges), whether or not there 

was a conviction, if such criminal charge itwithin 10 years of the date of the 

application and is not otherwise listed pursuant to paragraph (8) or (9) of this 

section, the cii~ninal charge, the name and address of the Court involved and the 

date and disposition; 

11) The naine and address of any licensing or regulatory agency with which the 

person has filed an application for an occupational liceilse or pennit, whether or 

not such license or pennit was granted; 

12) A current photograph; 

13) Any other information the Tribe deems relevant; 

14) Fingerprints consistent with procedures adopted by the Tribe according to 25 

C.F.R. 522.2(11). 

(b) The Human Resources Director shall provide a written statement to the Background 

Investigator stating that three personal references and three employinent checks were 

perfonned, stating that no probleins were discovered, or details of any probleins 

discovered. 

(c) The Hun~ail Resources Director shall provide the Gaining Commission with 

Employee Action Reports for key employees and primary management officials, 

including Employee Action Reports for ncw hires, terminations, and transfers. Such 

Employee Action reports shall include the employee's name, new position, and shall 

be sent to the Gaming Commission witliin one weelc of the employee action. 

(d) The Tribe shall conduct ail investigatioll sufficie~lt to make a deter~nination under 

6-2-1 9. In conclucting a baclcground investigation, the Tribe or its agent shall promise 

to keep conf dential the identity oEeach persoil interviewed in the course of the 

invcstigation. 

(e) Unless extraordinary circumstances apply, the Tribe shall require, for a tri-annual 

baclcground investigation of an ernployee already issued a guning license, 

inforination regarding only the past 36-month period afterthe issuailce of the gaining 

license. 

5 6-2-17 Investigative Procedures for Background Checlzs (section amended by NPTEC 

9/9/03) 

31 may 2011 - 19 
(a) A Baclcground Iilvestigator shall not condnct the background investigatioil for a 

gaining license applicant if that Baclcground Investigator has a conflict, or the 

appearance of a conflict, including the following: 

1) The Baclcground Investigator has applied for the same position held by a 

particular gaming license applicant; or 

2) ~he~aclt~round Iilvestigator is considered "immediate faillily" as defined in the 

Gaining Enterprise Hwnan Resources Manual, of a gaining license applicant. 

(b) The Nez Perce Tribe's Investigative Officer shall conduct the initial investigation by: 

1) Verifying written or oral information submitted by the applicant; 

2) Iilquiriilg into the applicailt's prior activities, criininal record, if any, and 

reputation, habits and associations; 

3) Interviewing a sufficient number of ltnowledgeable people such as former 

employers, personal references, and others to whoin referred; and 

4) Documenting the disposition of all potential problem areas noted and 

disqualifying informatioil obtained. 

(c) The lnvestigative Officer shall utilize the employlneilt and personal reference 

checlts conducted by I-Iuman Resources. 

(d) The Investigative Omcer shall then prepare and subinit to the Coininission a11 

investigative report detailing: 

1) Steps taken in coilductiilg the baclcground investigation; and 

2) Results obtained; 

(e) The Baclcground Investigator shall use NlGC's Notification of Results/Eligibility 

Determination electronic form, or the shortest form approved by NIGC, to report the 

details oE the bacltground iilvestigation. 

(f) Fingerprints of all applicants shall also be talten by the Nez Perce Tribal Police. 

Coinpleted fingerprint cards will be returned to the Colnlnissio~l and placed in the 

applicant's background file. 

1) The Comlnission shall send to the NIGC, at the Regional Office, Portland 

Area or to the Washington, D.C. office, whichever is designated, the nanes 

and fingerprint cards for those licensees who require an FBI criminal 

baclcground check, with the appropriate funds to cover the costs of such 

inquiry. 

31 may 2011 - 20 
2) Infor~nation obtained from NIGC as a result of the FBI fingerprint check shall 

be reviewed o~lly by the Co~nrnission and the Tribe's Investigative Officer. No 

further disseinination of this i~lforrnation is authorized; and in fact, the Tribe is 

subject to the restrictions set forth in an MOU with NIGC forbidding use of 

such infornlation for any other purpose. See NP 95-102. 

5 6-2-18 Eligibility Determination 

(a) The Commission shall meet with the Investigative Officer, inalce a suitability 

determination based on all the infoin~ation gathered from the various sources set forth 

above, including prior activities, criminal record, reputation, habits and associations, 

and the infonnation received froin NIGC resulting froin the FBI fingerprint check; 

and subinit this determination in written form to the National Indian Gaming 

Coin~nission (NIGC) for review. If the Colnrnission deterinines that employment of 

the person poses a threat to the public interest or to the effective regulation of gaming, 

or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, a tribal gaming operation shall not employ 

that person in a key employee or priinary inanage~nent position. (If the applicant is 

not hired and issued a license by the Tribe, NIGC shall be notified, but submittal of 

the determillatioil and report shall be at the discretion of the Commission.) The report 

to NIGC shall also contain the information docuinenting investigative steps taken by 

the Investigative Officer, including those set forth above. 

(b) The report to NIGC shall be sent within 60 days after an e~nployee begins work with 

the Tribe. A response froin NIGC shall be requested by the Coininission within 30 

days orreceipt of the Com~nission's rcport. 

(c) If the Chairinan of NIGC requests additioilal infonnation fioin the Commission 

regarding any einployee who is a subject of a report, such information, if available 

shall be fo~warded as soon as possible. 

(d) When NlGC notifies the Coininissio~l that it has no objections to the issuance of a 

license to a particular applicant, the Connnission nlay proceed with annual licensing 

of the applicant. 

(e) If NIGC provides the Coinn~ission with a statement iteinizing objections to the 

issuance of a license to a particular applicailt, the Cornrnission must reconsider the 

application, taking into account the objectio~ls itemized by NIGC. The Coininission 

inay then inalce a final licensing decision as to such applicant. 

56-2-19 Proccdurc for Submission of Applications and LZcports for National Indian Gaming 

Commission Approval 

31 may 2011 - 21 
(a) The Co~n~nissioll shall follow the following procedures when forwarding reports for 

key en~ployees and primary managenlent officials to the National Illdial1 Gaming 

Colnlliissioil (NIGC): 

1) The Coininission shall forward the report referred to in (b) of this section to 

the NIGC within 60 days after an einployee begins work or within 60 days of 

the approval of this ordinance by the Chaircnan of the NIGC. 

2) The ganing operation shall not einploy as a key employee or a primary 

ina~ageinent official a person who does not have a license after 90 days. 

(b) Pursuant to the procedures set forth in paragraph (a) above, the Commission shall 

forward to NIGC an investigative report on each background investigation. 

1) An investigative report shall include all of the following: 

i. Steps taken in conducting a background investigation; 

ii. Results obtained; 

. . . 

111. Conclusions reached; and 

iv. The basis for those coi~clusions. 

2) T11c Coinmission shall submit, with the report, a copy of the eligibility 

deterinination made under 5 6-2-18. 

3) If a license is not issued to the applicant, bytk&k the 

Commissio~~: 

i. Shall notify NIGC; a~d 

ii. May forward copies of its eligibility deter~niilatioll and 

investigative report (if any) to NIGC for inclusion in thc Indian 

Gaming Individuals Records System. 

4) With respect to ltey employees a11cI primary inanagement officials, the 

Coinnlission shall retain application for einploymellt and reports (if 

any) of backgrou~~d investigations for inspection by the Chairinan of 

the NIGC or his or her designee no less than three (3) years from the 

date of termination of e~nployment. 
§ 6-2-20 Gaming Licenses 

(a) The Colninission shall issue a ninety (90) day temporary license based on Huma~l 

Resources' review and approval of a colnpleted employee application. If granted, the 

enlployee will work under the temporary licensiilg agreement pending receipt of a 

response froin the National Indian Ganling Comn~issioll pursuant to 5 6-2-1 8 of this 

chapter. 

1) The Co~nlnission Director has the authority to sign and approve temporary 

gaining licenses if Commission lneinbers are not available. 

(b) Colninission members shall determine whether or not to issue a three-year license 

within ninety (90) days after application. 

(c) A conditioilal license may be issued when an applicant does not meet the standards 

required of licensees outlined in the Nez Perce Tribal Code, Gaming Ordinance, the 

Nez Perce TribeiState of Idaho Ganing Conlpact or the rules and regulations 

promulgated by the NPTGC. A conditional license shall not exceed one (1) year. 

1) Co~n~nission nleinbers have exclusive authority to sign and approve a 

conditional license. 

(d) A liceilse shall be valid for not more than three years and shall be renewed followiilg 

a satisfactory criminal background check for the preccding three years. Only when 

extraordinary circumstances warrant an additional background ii~vestigation shall the 

Commissioner's investigation inquire into an applicant's activities earlier than the 

past licensing period. Ths section does not relieve a licensee of the obligation and 

responsibility of providing required updated infonnatioil to the Background 

Investigator, s~ich as: 

1) criminal charges, convictions; or 

2) status changes, new addresses. 

(c) Response fsom National Indian Gaming Conlnlission (NIGC) 

1) I, within a thirty (30) day period after the NIGC receives a report, the NIGC 

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

Colnlnission to the individual for whom the Com~nissioil has provided an 

applicatioil and investigative report to the NIGC, the Comlnissioll nlay issue a 

license to such applicant. 

2) Thc Colnmission shall respond lo a request for additioilal information from 

the Chairman of the NIGC concerning a ltey einployee or a primary 

management official who is the subject of a report. Such a request shall 
suspe~~d the 30-day period under the preceding paragraph until the Chairman 

of NIGC receives the additional inforn~ation. 

3) If, within the thirty (30) day period described above, the NIGC provides the 

Tribe with a statement itemizing objections to the issuance of a license to a 

key employee or to a primary inanageinent official for whom the Tribe has 

provided an application and investigative report to the NIGC, the Tribe shall 

recoiisider the application, taking into account the objections itemized by the 

NIGC. The Tribe shall make the final decision whether to issue a license to 

such applicant. 

§ 6-2-21 Facility Licenses 

(a) The Coininission shall issue a separate license to each place, facility, or location on 

Indian lands where any gaming is conducted under this ordinance. 

1) The Tribe hereby designates the NPTEC Chairman as agent for service of 

process. 

a 6-2-22 License Suspension 

(a) If, after the issumce of a gaming license by the Commission, the NIGC receives 

reliable infonnation indicating that a ltey employee or a primary management official 

is not eligible for employment, NIGC shall notify the Gaining Commission. 

(b) Upon receipt of such notification, the Commission shall suspend such license and 

shall notify in writing the licensee of the suspension, proposed revocation, and their 

right to request a hearing. 

(c) No less than fourteen (14) days before the time of the hearing, the Coin~~~ission shall 

notify the licensee of a time and a place for a hearing on the proposcd rcvocation of a 

licensc. 

(d) The Colnmission shall provide, to the licensee, upon his written request, f~~ll 

disclosure of all information and evidence which has bccn thc basis for the 

Co~mnission's decision to suspend such license. 

(e) After a revocation hearing, the Comnlission shall decide to revoke or to reinstate a 

gai~ling license. The Comlnission shall notify NTGC of its decision and shall notify 

the person in writing of its decision within fourteen (14) business days following the 

hearing as described in 5 6-2-24(a) of this chapter. 

(fj If the person does not receive written notice of decision by registered mail, return 

reccipt requested or other carrier as evidenced by a return receipt, as outlined in this 

chapter within fourteen (14) business days of the hearing, the person nlay 

iinrnediately file notice in the Nez Perce Tribal Court for an order requiring the 
Gaming Coin~nission to issue a teinporary lice~~se to work pending a rehearing on this 

matter. 

§ 6-2-23 Dispute Resolution Process 

(a) The Nez Perce Tribal Gaining Coinmission, as established in 5 6-2-1 1 is authorized to 

oversee and regulate all gainbling activities authorized by this ordinance, including 

decision-making authority in regard to any disputes that inay arise by the gaining 

public. 

(b) Any person having a dispute with the Gan~ing Operator or Management Company 

licensed by the Tribe may request that the Gaining Manager resolve the dispute. If 

dissatisfied with the result, the person inay request a hearing with the Nez Perce 

Tribal Gaining Cominission. Such a hearing shall be held within thirty (30) business 

days of receipt of a written request from the grievant. A decision shall be issued at the 

hearing or within fourteen (14) business days of the hearing. 

5 6-2-24 Appeal from Decisions of the Commission 

(a) If the Coinmission denies a person a license, or if the Coininission revokes a license 

which was previously granted, the Comlnission shall do so in writing, outlining the 

reasons for such decision, and deliver such writing to the person by certified mail, 

return receipt requested. If a person considers himself or herself aggrieved by sucb a 

decision, he or she may appeal to the Nez Perce Tribal Court within thirty (30) 

business days of the date of the mailing was received by the U.S. Postal Service or 

other carrier as evidenced by a dated receipt for sane. The appeal shall be only on the 

record, and shall not be heard de novo. If the Court finds that the order of the 

Coin~nission was issued arbitrarily and capriciously, clearly erroneously, or in 

violation of the Constitution of the Nez Perce Tribe or the constitutional rights of 

Indians (25 U.S.C. $5 1301-1303), made upon unlawful procedure or some other 

clear error of law, the Court shall vacate the same and remand the issuance or reissuance of a license. Otherwise, the denial shall be upheld. 

(b) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal Gaming 

Comnmission, he or she inay appeal to the Nez Perce Tribal Court within thirty (30) 

business days of the issuance of the written decision fro111 the Nez Pcrce Tribe 

Gaming Cominission. The appeal shall be only on the record and shall not be heard 

de novo. If the Court finds that the order of the Nez Perce Tribe Gaming Co~n~nission 

was issued arbitrarily and capriciously, clearly erroneously, or in violation of the 

Constitution of the Nez Perce Tribe of Indians or the constitutional rights of Indiar~s 

(25 U.S.C. $5 1301-1303), lnadc upon unlawful procedure or some other clear error 

of law, the Court shall vacate the same and remand. Otherwise, the decision of the 

Nez Perce Tribe Gallling Coinmission shall be upheld. 

31 may 2011 - 25 
(c) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal Court 

under either (a) or (b) above, he or she inay appeal to the Nez Perce Court of Appeals 

in accordai~ce wit11 chapter 2-9 of the Nez Perce Tribal Code. 

3 6-2-25 Penalties for Violations 

(a) Ally person, or gaming operation, who shall violate provisioils of this ordinance; or 

shall conduct gainbling operations without a required license; or coininits acts of 

' 

fi-aud or deceit; or shall engage in professional gambling is subject to one or more of 

the following: 

1) A letter of warning; 

2) A letter of reprimand; 

3) A civil fine of up to a inaxiinum of $500.00 per occurrence per day; 

4) And/or revocation of gaming license. 

(b) The Coininissioll may refer violations under this chapter to the Tribal Prosecutor for 

possible civil or criminal prosecution in conformance with the Nez Perce Tribal 

Code. 

5 6-2-26 Excll~sion of Individuals from Gaming Activities 

(a) Any person inay be excluded from the premises for good cause at any time at the 

discretion of the operator. This may include but not be limited to: 

1) Appears to be violating rules or regulations governing gaming activities as 

established by the Coin~nission or operator; 

2) By virtue of his condition or activities, disturbs the peaceful participation of 

other individuals in gaining activities or disrupts the orderly conduct of the 

gaming activity; 

3) To either intentionally or ncgligcntly cause injury or harm to any patron or 

einployee or threaten to do so; 

4) To posscss any illegal ilarcotics or controlled substances on any Licensed 

Gaming Facility. 

(b) An operator may inalce reasonable inquiries of inclividuals in the course of 

determining whether any of the activities defined in paragraph (a) above are 

occurring; 

31 may 2011 - 26 
(c) An operator who excludes any individual pursuant to this section shall not incur any 

liability, criminal or civil, as a result of doing so. 

(d) Any person who is excluded fiom gaming by an operator pursuant to this section may 

petition the Colnlnission for an order lifting the exclusion. The Commissio~l shall 

have full discretion in deter~nining whether to hear any such petition. The 

Commission shall fiutller have discretion to impose such collditiolls as they deem 

appropriate in issuing any order lifting an exclusion. 

31 may 2011 - 27