ORDINANCE NO. 166

BE IT RESOLVED, that Title XXIII, Licensing and Regulation of

Bingo and Other Games of Chance, of the Code of Justice of the

Standing Rock Sioux Tribe, be and the same is hereby repealed

and replaced with the attached new Title XXIII, Licensing and

Regulation of Bingo and Other Games of Chance.

ATTACHED PAGES

i-v and XXIII-1 through XXIII-35

RESOLUTION NO. 323-96

BE IT RESOLVED, that pursuant to the power vested in the Standing

Rock Sioux Tribal Council under the Constitution of the Standing

Rock Sioux Tribe, the foregoing Ordinance No. 166 repealing Title

XXIII, Licensing and Regulation of Bingo and Other Games of

Chance of the Code of Justice of the Standing Rock Sioux Tribe

and replaced with the attached new Title XXIII be and the same is

hereby approved.

BE IT FURTHER RESOLVED, that the Chairman and Secretary of the

Tribal Council be authorized and instructed to sign this

resolution for and on behalf of the Standing Rock Sioux Tribe.

CERTIFICATION

We, the undersigned Chairman and Secretary of the Standing Rock

Sioux Tribal Council, do hereby certify that the Tribal Council

is composed of 17 members, of whom 14 constituting a quorum, were

present at a meeting thereof, duly and regularly called, noticed,

convened and held on the 8th day of November, 1996, and that the

foregoing resolution was duly adopted by the affirmative vote of

8 members, with 4 opposing, and with 2 not voting. The

Chairmans vote is not required except in case of a tie.

Dated this 24th day of February, 1997.

J,~se Tak n Alive, Chairman

~anding Rock Sioux Tribal Council

ATTEST:

lame cLaughlin, Secretary

Standing Rock Sioux Tribal Co

(Official Seal)
Of~ONIENIS

TITLE XXIII. LICENSING AND REGULATION OF BINGO AND OTHER GAMES

OF CHANCE (With Amendments Through November 8, 1996) Page

Chapter I. Findings XXIII-I

Chapter 2. Definitions XXIII-l

23-201. Class I Gaming XXIII-l

23-202. Class II Gaming XXIII-l

23-203. Class Ill Gaming XXIII-2

23-204. Traditional Forms of Indian Gaming XXIII-2

23-205. Social Games for Prizes of Minimal Value XXIII-2

23-206. Tribal Subdivision XXIII-2

23-207. Net Revenues XXIII-3

23-208. Primary Management Official XXIII-3

23-209. Key Employee XXlll-3

23-210. North Dakota Compact XXIII-3

23-211. South Dakota Compact XXIII-3

23-212. Act XXIll-3

23-213. North Dakota Portion of the Reservation XXIII-4

23-214. South Dakota Portion of the Reservation XX 111-4

23-215. Commission XXIII-4

23-216. National Indian Gaming Commission XXIII-4

23-217. Tribe XXIII-4

Chapter 3. Tribal Gaming Commission and Professional Staff XXIII-4

23-301. Establishment XXIII-4

1
23-302. Function .

XXI~l-5

23-303. Appointment of Members XXIII-5

23-304. Terms XXIII-6

23-305. Qualifications XXIII-6

23-306. Removal and Vacancies XXIII-7

23-307. Meetings XXIII-7

23-308. Compensation XXIII-8

23-309. Monthly Reports XXIII- 8

23-310. Notice of Commission Decisions XXIII-8

23-311. Appeals XXlll-8

23-312. Law Trained Judges XXlll-9

23-313. Tribal Gaming Commission Chairman-Executive Secretary XXIII-9

23-314. Gaming Inspectors XXIII-I0

23-315. Executive Committee Member and Tribal Liaison Officer XXIII-I0

23-316. Tribal Immunity XXIII-II

Chapter 4. Compliance with the Act XXIII-ll

23-401. Applicability XXIII-ll

23-402. Sole Proprietary Interest XXIII-12

23-403. Use of Revenues XXIII-12

23-404. Audits XXIII-12

23-405. Environmental and Public Health and Safety Standards XXIII-12

23-406. Status as a Tribal Subdivision XXIII-13

23-407. Licenses for Gaming Activities XXIII-13

23-408. License Fees and Duration of License XXIII-14

11
23-409. Hearing on Application for a License XXIII-15

23-410. Conditions of the Tribal License XXIII-l5

23-411. Assignment or Transfer XXIII-16

23-412. Cancellation and Suspension XXIII-16

23-4)3. Report to the Commission XXIII-17

Chapter 5. Background Investigations and Licensing of Key Employees

and Primary Management Personnel XXIII-l7

23-501. License Required XXIII-17

23-502. Background Investigation XXIII-17

23-503. Licensing Standard XXllI-18

23-504. Application for License XXIII-18

23-505. Determination of Eligibility XXIII-20

23-506. Issuance of License XXIII-20

23-507. Duration of License XXIII-21

23-508. Effect of License Denial XXIII-21

23-509. Hearings XXIII-21

23-510. License Suspension XXIII-21

Chapter 6. Management Contractors XXIII-22

23-601. Management Contracts Allowed XXIII-22

23-602. Standard for Approval XXIII-22

23-603. Submission to the National Indian Gaming Commission XXIII-22

23-604. Licenses Required XXIII-23

23-605. Background Investigation XXIII-23

23-606. Licensing Standard XX 111-23

iii
23-607. Application for License XXIII-23

23-608. Determination of Eligibility XXIII-25

23-609. Issuance of License XXllI-26

23-610. Duration of License XXIII-26

23-611. Hearings XXIII-26

23-612. License Suspension XXIII-26

23-613. Definitions XXIII-27

Chapter 7. Class II Gaming XXIII-28

23-701. Conditions XXIII-28

Chapter 8. Class Ill Gaming XXlll-29

23-801. Applicability XXIII-29

Subchapter A. Gaming in North Dakota XXIII-29

23-802. Applicability XXIII-29

23-803. Governing Law XXIII-29

23-804. Adoption of Compact XXIII-29

23-805. Types of Class Ill Games Authorized XXIII-29

23-806. Bet Limits XXlll-30

23-807. Minimum Age Requirement XXIII-30

23-808. Record Keeping Requirement XXIII-30

23-809. Inspection XXIII-30

23-810. Technical Standards XXIII-31

Subchapter B. Gaming in South Dakota XXIII-31

23-811. Applicability XX~~~-3~

23-812. Governing Law XX~~l-3I

iv
23-813. Adoption of Compact.

XXIII-31

23-814. Types of Class Ill Games Authorized XXIII-3l

23-815. Bet Limits XXIII-32

23-816. Accounting Standards XXlll-32

23-817. Minimum Age Requirement XXlll-32

23-818. Technical Standards for Gaming Machines XXIII- 32

23-819. Number of Gaming Devices XXlIl-32

Chapter 9. No Credit Extended XXIII-32

23-901. No Credit Extended XXIII-32

Chapter 10. Jurisdiction Over Class Ill Gaming XXIII-33

23-1001. Clvii Jurisdiction in South Dakota XXIII-33

23-1002. Civil Jurisdiction in North Dakota XXlll-33

23-1003. Criminal Jurisdiction in South Dakota XXIII-33

23-1004. Criminal Jurisdiction in North Dakota XXIII-33

23-1005. Federal Jurisdiction XXIII-33

Chapter I I. Penalties XXIII-34

23-1101. Criminal Penalties XXIII-34

23-1102. Civil Penalties XXIII-34

Chapter I 2. Customer Disputes XXIII-34

23-1201. Customer Disputes XXIII-34

23-1202. Customer Rights Regarding Disputes XXIII-34

23-1203. Commission Action on Customer Disputes XXIII-34

Chapter I 3. Miscellaneous XXIII-35

23-1301. Severability XXIII-35

V
XXIII

Title XXIII. Licensing and Regulation of Bingo and Other Games of Chance

With Amendments Through November 8, 1996

Chapter I. Findings

23-101. Thetrib~LCmin~iLEinds.

(a) That operation of bingo and other games of chance by thelribe and

tribal subdivisions is a valid means of promoting tribal economic develop

ment and the health and welfare of tribal members;

(b) That, under the principles established by the United States Supreme

Court in CaIIfoLnia_V~CabaZufLBancLQLMisS onindians 94 L. Ed 2d 244

(1987), Indian tribes have the exclusive right to regulate gaming activity

on Indian lands if the activity is not specifically prohibited by federal law

and is conducted within a state which does not criminally prohibit the

activity;

(c) That the United States Congress has enacted the Indian Gaming Regu

latory Act, 25 U.S.C. §2701 eLse~q., providing for certain federal regu

lation of Indian gaming;

(d) That tribal regulation of gaming activity on the Reservation is vital to the

protection of trust land on the Reservation and to the protection of the

interests of the Tribe and its members;

(e) That the Tribe has entered into tribal-state compacts with the State of

North Dakota and the State of South Dakota which provide for the

operation of Class Ill gaming.

Chapter 2. Definitions

23-201. CI~ssiGaming.

Class I Gaming Means:

(a) Social games played solely for prizes of minimal value.

(b) Traditional forms of Indian gaming engaged in as a part of tribal cere

monies, celebrations, or pow-wows.

23-202. ClassJLGaming.

The Term Class II Gaming Means:

(a) Bingo: The game of chance which is played for prizes, including mone

tary prizes, with cards bearing numbers or other designations, in which
XXIII2

the holder of the card covers such numbers or designations when ob

jects, similarly numbered or designated, are drawn or electronically

determined, and in which the game is won by the first person covering a

previously designated arrangement of numbers or designations on such

cards. Electronic, computer or technological aides such as computer

generated number sequences can be used in connection with Class II

bingo, so long as all players are playing against each other to achieve

the same sequence.

(b) Other games of chance: Games similar to bingo, including, if played at

the same location as bingo, pull-tabs, lotto, punch boards, tip jars of a

designated winning number or numbers, color or colors, symbol or

symbols determined by chance, and non-banking card games.

23-203. ClassilLGaming.

Class Ill gaming means all forms of gaming that are not Class I or Class II

gaming, including:

(a) Electronic or electromechanical facsimiles of any game of chance or slot

machines of any kind.

(b) All banking card games; that is, card games played against the house,

including baccarat, chemin de fer, and blackjack.

23-204. Tiaditi~naLEorms_o1indian~aming.

Traditional Forms of Indian Gaming Means:

(a) Gaming activities such as stick or bone games played as part of

tribal ceremonies, celebrations, or pow-wows.

(b) Games such as rodeos or horse races, incuding those for which purses

or prizes are awarded, that are played as part of tribal ceremonies, cele

brations, or pow-wows. This does not include games operated prior

to a ceremony, celebration, or pow-wow for the purpose of raising

funds for the ceremony, celebration, or pow-wow; these are considered

Class II games unless they meet the definition set forth in Section

205, below.

23-205. SciaG.amesJ~rizesotMinimaLVaEu~.

Social games for prizes of minimal value means games in which the total

value of prizes awarded during the calendar year does not exceed $10,000.

23-206. TIibaLSub~JIMisi~n.
XXIII3

Tribal Subdivision Means:

(a) The districts, as set forth in Article Ill, Section 2 of the Constitution of

the Standing Rock Sioux Tribe.

(b) Nonprofit entities organized to raise funds and operate programs to pro

mote the health and welfare of tribal members and/or to organize and

operate ceremonies, celebrations, and pow-wows.

(c) Tribal school boards.

23-207. Nift_Revenu~.

Net revenues means gross revenues of a gaming activity less (i) amounts

paid out as, or paid for, prizes and (ii) total operating expenses, except that

management fees shall not be deducted to determine net revenues.

23-208. PrimaryiVianagement_Official.

Primary management official means (I) any person having management

responsibility for a management contract; (2) any person who has authority to hire

and fire employees or to set up working policy for a gaming operation; or (3) the

chief financial officer or other person who has financial management responsibility.

23-209. Key_EmpkLyee.

Key employee means (I) a person who performs one or more of the following

functions: bingo caller, counting room supervisor, chief of security, custodian of gaming

supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit or

custodian of gambling devices including persons with access to cash and accounting

records within such devices; or (2) if not otherwise included, any other person whose

total cash compensation is in excess of $50,000 per year; or (3) if not otherwise

included, the four most highly compensated persons in a gaming operation.

23-210. N~r1hDakiitaC~mpact.

North Dakota Compact means the document entitled Tribal State Compact

for Control of Class Ill Games of Chance, Standing Rock Sioux in North Dakota,

entered into between the Standing Rock Sioux Tribe and the State of North Dakota.

23-211. SouTh DakotaCompact.

South Dakota Compact means the document entitled Gaming Compact

Between the Standing Rock Sioux Tribe and the State of South Dakota, entered

into between the Standing Rock Sioux Tribe and the State of South Dakota.

23-212. Act.
XXIII4

Act means the Indian Gaming Regulatory Act, 25 U.S.C. §2701.

23-213. North Dakot&Poition of the Reservation.

North Dakota portion of the Reservation means that portion of the Standing

Rock Sioux Reservation which lies within the boundaries of the State of North Dakota.

23-214. South DakotaPortion of the Reservati~n

South Dakota portion of the Reservation means that portion of the Standing

Rock Sioux Reservation which lies within the boundaries of the State of South Dakota.

23-215. Commission.

Commission means the Standing Rock Gaming Commission established

pursuant to Chapter 3 of this Ordinance.

23-216. National_Indian_Gaming_Commission.

National Indian Gaming Commission means the National Indian Gaming

Commission established pursuant to 25 U.S.C. § 2704.

23-217. Tribe.

Tribe means the Standing Rock Sioux Tribe.

Chapter 3. Tribal GamingCommissionand_ProfessianetSitaif

23-301. Establishment.

There is hereby established the Standing Rock Gaming Commission

(Commission), an agency of the Tribe, consisting of a Chairman-Executive

Secretary and eight member commissioners, an Office Manager and three Gaming

Inspectors. There shall be an Executive Committee Member to work with the

Prairie Knights Casino and Lodge and a Tribal Liaison Officer to work with the

Grand River Casino and Resort gaming enterprises. The Commissioners and the

aforementioned staff shall be subject to a background investigation under the

same procedures applicable to prospective Class Ill primary management

officials or key employees in the State in which said commissioners and

respective staff resides under Section 23-502 for a determination whether such

commissioner or staff meets the licensing standard set forth in Section 23-503.

Such information shall be forwarded to the Chairman of the Standing Rock Sioux

Tribe who shall with the assistance of Legal Counsel advise the Tribal Council

whether said commissioners and staff meet the licensing standard set forth in

Section 23-503.
XXIII5

23-302. Euncti~n.

The Commission shall have the following powers and duties:

(a) The Commission shall have primary responsibility for regulatory functions

relating to tribal gaming operations authorized under this Ordinance;

(b) The Commission shall review all license applications and determine

whether the application is complete and in compliance with the

Ordinance, and whether such license should be issued, and shall

further determine if any license so issued shall be revoked, suspended

or renewed, as appropriate;

(c) The Commission shall collect any fees required to be paid under this

Ordinance. Such fees shall become tribal gaming revenues, shall be

subject to tribal financial policies and procedures, and shall be dis

bursed as directed by the Tribal Council;

(d) The Commission may bring any civil action or criminal complaint in any

Court of competent jurisdiction to enforce the provisions of this Ordi

nance or to enjoin or otherwise prevent any violation of this Ordinance,

the Act, the North Dakota Compact or South Dakota Compact, occurring

or threatened to occur;

(e) The Commission shall propose an annual operating budget which shall be

subject to review by the Chairman-Executive Secretary and to the approval

of the Standing Rock Sioux Tribal Council. The Commission may in

accordance with such budget employ such staff from time to time as it

deems necessary to fulfill its responsibilities under this Ordinance, and

may retain professional services including investigative services to assist

the Commission with respect to any issues over which the Commission

exercises jurisdiction;

(f) The Commission shall, subject to approval by the Tribal Council,

promulgate such regulations as it deems necessary in order to

implement and enforce the provisions of this Ordinance.

(g) The Commission shall act in accordance with the By-Laws as adopted

by the Standing Rock Sioux Tribal Council in a manner consistent with

this Ordinance.

23-303. AppaintmentofiVI~mbers.

Each District shall recommend persons to serve as Commission member from

that District. The Chairman-Executive Secretary and members of the Commission

shall each be appointed by majority vote of the Tribal Council. The Chairman

Executive Secretary of the Commission may reside anywhere on the Reservation.
xxIII6

23-304. Terms.

The initial members of the Commission shall serve as follows:

(a) Four members shall serve through January I, 1995.

(b) Four members shall serve through January I, ~996.

(c} The Chairman-Executive Secretary shall serve a continuous term

consistent with the Standing Rock Sioux Tribe Personnel Policies

and Procedures and the provisions of this Ordinance as an appointed

official, subject to the supervision of the Standing Rock Sioux Tribal

Administration.

Thereafter all terms shall be for two years and until a successor is appointed

and qualified. If a vacancy occurs during a term, the Council may appoint a

successor for the unexpired portion of the term, with recommendations from the

District in which the vacancy arose.

23-305. Qu~lificati~ns.

To be eligible to serve as Chairman-Executive Secretary or a member of

the Commission, a person shall:

(a) Be of high moral character and reputation to promote public

confidence in gaming by the Tribe;

(b) Have sufficient education and work experience to be able to fulfill the

functions of the Commission.

(c) Have no financial stake in any gaming operated under the Ordinance nor

participate as a player in any gaming operated under this Ordinance.

A person has a financial stake in any gaming operated under the

Ordinance if that person, or that persons spouse, brother, sister,

mother, father, grandmother, grandfather, son, daughter, grandson,

granddaughter or first cousin has invested in, has a direct or indirect

financial interest in, has a management contract in, or has any other

pecuniary interest whatever in gaming operated under this Ordinance.

Membership in the Tribe does not, in itself, create a financial stake in

any gaming operated under this Ordinance. Employment at a tribally

licensed gaming facility, other than as a primary management official,

by a persons spouse, brother, sister, mother, father, grandmother,

grandfather, son, daughter, grandson, granddaughter or first cousin

does not create in such person a financial stake in any gaming

operated under this Ordinance;

(d) Never have been convicted of a tribal, federal or state felony, or any
XXIII7

crime involving fraud, misrepresentation, moral turpitude or gambling;

(e) Not participate as a player in any gaming facility on the Reservation

during the time such person is serving as Chairman-Executive

Secretary or member of the Commission;

(f) Submit to a background investigation under the same procedure

applicable to prospective Class Ill primary management officials or

key employees in the State in which the prospective Commissioner

resides under Section 23-502. The Tribal Chairman with the

assistance of legal counsel, in accordance with official background

investigative reports submitted by investigative agencies, advise

the Tribal Council whether the prospective Commission member meets

the licensing standard set forth in Section 23-503;

(g) Not be delinquent on a debt to the Tribe, any agency of the Tribe, or

corporation owned or controlled by the Tribe;

(h) Not be a member of the Tribal Council, or a local District officer.

(i) The Chairman-Executive Secretary of the Commission shall be selected

as advertised with an added Position Description detailing duties and

responsibilities as authorized by the Tribal Council.

23-306. Removal andVacancies

Members, including the Chairman-Executive Secretary, may be removed by a twothirds vote of the Tribal Council, at a meeting at which a quorum is present. Members,

including the Chairman-Executive Secretary, may be removed for cause, including

malfeasance, neglect of duty, unexcused failure to attend two successive Commission

meetings, conviction of a felony or failure to comply with the Constitution or laws of the

Tribe. Any Commissioner being considered for removal shall be provided with notice from

the Tribal Chairman or Tribal Secretary stating the grounds for removal, specifying a

date, time, and place for a hearing to be held by the Tribal Council within 20 days of

receipt of such notice. At the hearing, the Commissioner shall be entitled to appear,

present testimony and other evidence, and be represented by an attorney at the

Commissioners own expense. Vacancies shall be filled by majority vote of the

Council, with recommendations provided by the Districts from which the vacancies

arose.

23-307. IVleelings.

The Commission shall meet as scheduled to fulfill its duties and obligations

under this Ordinance, but in no event less frequently than once per month. Meetings

may be called by the Chairman-Executive Secretary, or by any three members of the

Commission, upon at least three days written notice to all members. If the Chairman

Executive Secretary or any three members certify in writing that a meeting must be
XXIII8

held on less than three~ days notice, a meeting may be held as necessary, provided

that best efforts must be made to provide the Chairman-Executive Secretary and all

members with as much advance notice of such meeting as possible. Five members,

or four members and the Chairman-Executive Secretary, shall constitute a quorum

for the transaction of business. The vote of a majority of the members present at a

meeting at which a quorum is present shall be the act of the Commission.

23-308. Cmnpensatiiin.

Members of the Commission shall be compensated in accordance with By

Laws for performing Commission duties in accordance with a budget approved by

the Tribal Council.

23-309. M1hIy_Rep~irts.

The Commission shall make a report to the Tribal Council at least once each

month, or more as requested. Each report shall include a summary of all licensing

and enforcement activities, a summary of meeting and travel activities and dates,

and any additional information requested by the Tribal Council or the Judicial

Committee.

23-310. Niitic_oi_C~mmissiiln_De~isi~ns.

The Commission shall provide written notice to any applicant and any other

interested party of any decision or order. Notice shall be by personal service, or

certified mail, to the persons last known address, or to such persons registered

agent or attorney.

23-311. Appeals.

(a) An applicant for a license, or any other aggrieved party, may appeal

from any final order or decision of the Tribal Gaming Commission by

filing a notice of appeal with the Tribal Gaming Commission within 30

days of receipt of notice of the final order or decision.

(b) If a motion for reconsideration of a Tribal Gaming Commission final

order or decision is filed with the Commission within 20 days of

issuance of such order, the time for appeal shall not begin to run

until the motion for reconsideration is ruled upon by the Commission.

(c) The Commission shall certify the hearing record within 30 days of

receipt of a notice of appeal.

(d) Review by the Tribal Court shall be based on the record. A decision or

order of the Commission shall be affirmed unless arbitrary and capri

cious, or contrary to law.
XXIII9

(e) The Tribal Court shall have no jurisdiction to award money damages

against the Commission or any member of the Commission for any

action appealed under this section.

(f) The Tribal Court shall require parties to exhaust administrative remedies

provided by this Ordinance prior to judicial review, absent an express

finding of futility or other good cause to the contrary.

23-312. Law_IrainerLJudges.

Any party to an appeal taken under Section 23-312, including the Commission,

shall have a right, upon timely request, to have a licensed attorney serve as Tribal

Judge with respect to such appeal. A request for a licensed attorney to serve as

Judge shall be timely under this Section if the party submits such a request to the

Tribal Court at the time of the filing of the notice of appeal, or, in the event an

order is issued without notice against a party by a Judge who is not a licensed

attorney, within 10 days of notice of such order. If no licensed attorney, Chief

Judge or Associate Judge of the Tribal Court is available to hear the case, because

of disqualification or otherwise, the Chief Judge shall appoint a Special Judge to

hear such case, upon timely request of a party. The Clerk of Court shall maintain

a list of qualified persons who can serve as Special Judge for such cases.

23-313. IrihaLGamingCommission Chairman-Executive_Secretary.

(a) There is hereby created a Tribal Gaming Commission Chairman-Executive

Secretary position who shall be responsible for the oversight of gaming

activities as set forth in this Ordinance.

(b) The Chairman-Executive Secretary of the Tribal Gaming Commission

shall have primary responsibility for the functions of the Commission,

and shall supervise all Commission Professional Staff.

(c) The Chairman-Executive Secretary shall be a full-time employee, shall

be subject to the Tribes personnel policies and procedures, and shall

be under the supervision of the Tribal Chairman.

(d) To be eligible for the position of Chairman-Executive Secretary, an

individual must have a bachelors degree. Experience in administration,

business, gaming or related fields is preferred. The Chairman-Executive

Secretary shall not be a Tribal Council Member or District Officer.

(e) The Chairman-Executive Secretary shall develop an annual budget for

the Gaming Commission, subject to approval by the Tribal Council.

(f) The Tribal Gaming Commission Chairman-Executive Secretary shall

have the following duties:
xxIII1o

(I) To oversee all functions relating to the Tribes regulation of gaming

operations, including all financial aspects of such gaming;

(ii) To assist in fulfilling the Tribes duties under any Class Ill

management agreement;

(iii) To secure public input and to recommend through the Judicial

Committee to the Tribal Council a budget regarding the expenditure

of tribal gaming revenues;

(iv) To provide supervision on personnel matters to tribal gaming

inspectors;

(v) To determine whether prospective Tribal Gaming Commission

members meet the background investigation requirements set

forth in Section 23-305;

(vi) To secure audits as required by this Ordinance; and

(vii) To fulfill such other duties as may be delegated by the Tribal

Council.

23-314. Gaming_Inspectors.

(a) The Tribe shall employ tribal gaming inspectors who shall have

primary responsibility for monitoring ongoing Class II and Class Ill

gaming operations authorized by this Ordinance.

(b) Tribal gaming inspectors shall be full time tribal employees and shall be

subject to tribal personnel policies and procedures. The Gaming

Commission Chairman-Executive Secretary shall supervise the tribal

gaming inspectors with respect to compliance with personnel

policies and procedures. The budget for the Tribal Gaming Commission

shall include the costs associated with tribal gaming inspectors.

(c) Tribal gaming inspectors shall report any violations of this Ordinance,

the Act, the North Dakota Compact or South Dakota Compact to the

Tribal Gaming Commission.

23-315. Executive Committee Member and Tribal Liaison Officer.

There shall be established an Executive Committee Officer position who

shall be responsible for the oversight of the Standing Rock Sioux Tribes proprietary

interests in the Prairie Knights Casino and Lodge enterprise located on the Standing

Rock Sioux Reservation.

There shall be established a Tribal Liaison Officer position who shall be
XXIII1 1

responsible for the oversight for the Tribes proprietary interests in the Grand River

Casino and Resort enterprise located on the Standing Rock Sioux Reservation.

The Executive Committee Member officer and the Tribal Liaison Officer

shall operate in accordance with the position description as adopted by the Standing

Rock Sioux Tribe detailing their duties and responsibilities which shall include:

(a) Meeting with casino management on a regular basis on casino

operations.

(b) Submission of written reports on the status of casino operations.

(c) Preparing with casino management the gaming activities license

application (faciities).

(d) Assure compliance with management contracts and or employee

agreements of the Tribes gaming enterprises (Class Ill).

(e) Submission of financial reports to the Tribal Council of the Tribes

gaming enterprises (Class Ill).

(f) Assure the Tribes gaming enterprises are operating according to

generally accepted gaming industry standards.

(g) Assure that Indian Preference remains a priority in the recruitment,

hiring, training, promotions, and career opportunities with the Tribes

gaming enterprises.

23-316. TiibaLlmmunity.

Nothing in this Ordinance shall be construed to waive the immunity from suit

of the Tribe, the Tribal Gaming Commission or Professional Staff; provided that

judicial review of actions of the Tribal Gaming Commission shall be available as

set forth in this Ordinance. In no event shall this Ordinance be construed as consent

to any money judgment, lien or attachment of any property of the Tribe, Commission

or Professional Staff. No money damages shall be awarded against a Commission

member, Professional Staff, or other Tribal official acting in good faith within the

scope of their official duties under this Ordinance.

Chapter 4. Compliance With The Act

23-401. Applicability.

All gaming on the Reservation shall be conducted according to the

provisions of this Ordinance and in compliance with the Indian Gaming Regulatory

Act.
XXIII12

23-402. Si~1eProprietary_Interest.

In compliance with 25 U.S.C.~27l0(b)(2)(A), the Tribe or a tribal subdivision

shall have the sole proprietary interest and responsibility for the conduct of any

gaming activity on the Reservation. Ownership of any Class Il or Ill game by any

other entity or individual is prohibited.

23-403. Use of Revenue.

In compliance with 25 U.S.C. §27l0(b)(2)(B), net revenues from any gaming

activity are not to be used for any purposes other than:

(a) To fund tribal government operations or programs;

(b) To provide for the general welfare of the Indian tribe and its members;

(c) To promote tribal economic development;

(d) To donate to charitable organizations;

(e) To help fund operations of local government agencies of the State

and its political subdivisions; or

(f) To provide per capita payments to Standing Rock Sioux Tribe enrollees

in accordance with the Indian Gaming Regulatory Act.

23-404. Au~Iits.

In compliance with 25 U.S.C. §2710(b)(2)(C) and (D), all gaming activities

shall be subject to an audit by independent certified accountants, not less than

annually. The audit shall include all contracts for supplies, services or concessions

for a contract amount in excess of $25,000 annually (except contracts for

professional legal or accounting services) relating to Class II or Class Ill gaming.

The audit shall be arranged by the licensee conducting the gaming, who shall

provide a copy of the audit to the Tribal Gaming Commission Chairman-Executive

Secretary upon completion. The Commission Chairman-Executive Secretary shall

thereafter forward the audit report to the Tribal Council, Tribal Gaming Commission,

and the National Indian Gaming Commission.

23-405. En~v mnmentaLan Public H EthaniLSafety~ StandMd.s.

In compliance with 25 U.S.C. §2710(b)(2)(E), the construction and

maintenance of any gaming facility, and the operation of gaming activities, shall

be conducted in a manner which adequately protects the environment and the

public health and safety, and for that purpose shall comply with all applicable

health, safety and environmental standards enacted by the Tribe. Those

standards generally imposed by the laws and regulations of the State of North
XXIII13

Dakota relating to public facilities with regard to building, sanitary, and health standards

and fire safety shall be deemed to be incorporated by this Ordinance as the laws of

the Tribe applicable to gaming facilities of the Tribe on the North Dakota portion of

the Reservation, provided however that such state laws have no force or effect on

the Reservation other than by incorporation into this Ordinance, and provided

further that if an approved management agreement stipulates that national building,

electric and fire codes apply, then those standards sha~~ be used. Those standards

generally imposed by the laws and regulations of the State of South Dakota relating

to public facilities with regard to building, sanitary, and health standards and fire

safety shall be deemed to be incorporated by this Ordinance as the laws of the Tribe

applicable to gaming facilities of the Tribe on the South Dakota portion of the

Reservation, provided however, that such state laws have no force or effect on the

Reservation other than by incorporation into this Ordinance.

23-406. Status_as.a_Tribal_Subdivision.

Each entity seeking designation as a tribal subdivision for the purpose of

this Ordinance shall file an application with the Tribal Council. The application

shall provide information on the nature and purpose of the entity and the programs

it operates, and shall demonstrate that the uses to which it puts its funds conform

to Section 23-403. The Districts shall be designated as tribal subdivisions

effective on enactment of this Ordinance by the Council, provided that any

District seeking a license under this Code must specify, in writing, the members

of the District entity responsible for gaming by that District. The decision of the

Council on any application shall be final. Tribal subdivisions shall be eligible for

Class II gaming only.

23-407. Licenses for GamingActivities

The Commission shall issue a license for each place, facility, or location

where gaming is conducted. For each location licensed, a sworn application must

be filed by the Tribe or the sponsoring organization that contains a full and

complete showing of the following:

(a) Satisfactory proof that the sponsoring organization (if other than the

Tribe) is of good character and reputation among the people of the

Reservation, with particular reference to the indian people, and that

it is financially responsible.

(b) A description of the premises in which the game is to be held, and

proof that the applicant is the owner of such premises, or lessee of

such premises, for at least the term of the license.

(c) Agreement by the applicant to accept and abide by all applicable

provisions of this Ordinance and all conditions of the tribal license.
XXIII14

(d) Satisfactory proof that no primary management officials or key

employees of the applicant has ever been convicted of a felony.

Non-primary management officials or non-key employees hereinafter

referred to as support staff shall not have any felony conviction

within ten (10) years prior to the commencement of their employment

and shall have demonstrated rehabilitative status which shall mean

no criminal convictions other than minor traffic offenses or minor

crimes which did not result in incarceration or imprisonment.

Support staff who have a felony conviction shall not be allowed to

assume any primary management official or key employee positions

or duties and responsibilities.

(e) Satisfactory proof that notice of the application has been posted in a

prominent, noticeable place in the Tribal Office and on the premises

where the game is to be held for at least 30 days prior to consideration

by the Commission, and published at least twice in a local newspaper

serving the Reservation. The notice shall state the date, time and place

when the application shall be considered by the Tribal Gaming

Commission

23-408. Lieense Fees and Duration of License

(a) Each application for a license under this Section shall be accompanied by

an application fee of $50, provided however that the Tribe shall not be

required to pay any such fee. In addition, each licensee, other than the

Tribe, shall pay to the Tribal Finance Office a fee according to the

following schedule:

5% of the first $100,000 of net revenues;

2% of the net revenues between $100,000 and $250,000; and

1% of the net revenues above $250,000.

Such fees shall be paid to the Commission by the last day of each

month for the previous months net revenues.

(b) Where the Tribe is the licensee, and the Tribe retains a management

contractor pursuant to Chapter 6 of this Ordinance, the management

contractor shall pay an annual license fee of $10,000.00. The first

such license fee shall be due prior to the contractor operating any

Class Ill games. Thereafter, such license fees shall be due on

December 31 of each year for the following calendar year.

(c) Each license shall expire on December 31 of the calendar year in which

it is issued, and may be renewed by the Commission upon proper

appication.
XXIII15

23-409. H~&ingonAiplica1icin_fftr&Li~ense.

(a) All applicatipns for a gaming license shall be considered by the Gaming

Commission in open session at which the applicant, his attorney and any

person protesting the application shall have the right to be present, and

to offer sworn oral or documentary evidence relevant to the application.

After the hearing, the Commission shall determine whether to grant or

deny the application, based on the Commissions determination of the

best interests of the Tribe. The decision of the Gaming Commission

shall be final.

(b) Existing licensees shall have no vested right to have their licenses

renewed or extended, and compliance with this Ordinance does not

guarantee an existing licensee a renewal or extension. In each case,

the Commission shall, in the exercise of its discretion, make its

determination based on all the evidence presented to it, provided

that, with respect to Class lii gaming operated under a management

contract, the Commission shall not revise or fail to renew a license

except on grounds permissible under such management contract.

23-410.

Any

~

tribal license issued under this Ordinance shall be subject to such

reasonable conditions as the Gaming Commission shall fix, including, but not

limited to the following:

(a) The licensee shall at all times maintain an orderly, clean, and neat

establishment, both inside and outside the icensed premises.

(b) The licensed premises shall be subject to patrol by the Tribal and BIA

police force, for the purpose of enforcing tribal law, and the licensees

shall cooperate at all times with such police and law officers.

(c) The licensed premises shall be open to inspection by duly authorized

tribal officials and officials of the National Indian Gaming Commission

at all times during the regular business hours.

(d) There shall be no discrimination in the operations under a tribal license

by reason of race, color or creed, age, sex, or national origin, provided,

however, that a licensee shall give a preference in employment to

Indians.

(e) Management shall not allow a person who manages or receives any

compensation, directly or indirectly, for the operation of any Class II

game of chance conducted by the operator to play in that game or

other game of chance while on duty. Management shall not allow any

person who, without payment, assists in the operation of any Class II
XXIII16

or Class Ill game of chance conducted by the management, to play in

any game conducted by the operator within 24 hours after the time

said person did so assist. Management shall not allow any person who

receives any compensation, directly or indirectly, for the operation of a

Class Ill game, to play any Class Ill game conducted by the management.

(f) No beverage containing alcohol, including but not limited to, beer or

liquor, shall be offered or awarded as a prize or in lieu of a prize for

winning at any of the activities authorized by this Ordinance.

(g) No firearms, air guns which are capable of discharging dangerous

projectiles, including but not limited to b.b.s or CO2 guns, rifles,

shotguns, pistols, or revolvers; shall be offered or awarded as a prize

or in lieu of a prize for winning at any of the activities authorized by

this Ordinance.

(h) No person involved in the operation of any activity authorized by the

Ordinance shall, directly or indirectly, in the course of such operation,

employ any device, scheme, or artifice to defraud, make any untrue

statement o,f a fact, or omit to state a consideration of the circum

stances under which such statement was made, or engage in any act,

practice, or course of operation as would operate as a fraud or deceit

upon any person.

(i) All licensees shall comply with all applicable requirements of the

Federal Internal Revenue Code.

23-411. Ass gnment~r1ransfer.

No license issued under this Ordinance shall be assigned or transferred

without the written approval of the Commission and the Tribal Council, both

expressed by formal resolution.

23-412. cncellatimian~LSitspe.nsion.

The licensee must have, and exercise, complete control over the premises

being used for gaming at all times said games are being played. The licensee, the

manager, and the employees shall be legally responsible for any violation of the

Ordinance. Any license issued hereunder may be canceled by the Commission

for the breach of any of the provisions of this Ordinance or of the tribal license,

upon hearing before the Commission, after 10 days notice of the claimed breach

to the licensee, If the Tribe is the licensee, notice shall be served on the manager

of the tribal operation. The time and place of the hearing shall be posted in the

Tribal Office, and if time permits, in a local newspaper serving the Reservation.

The licensee, manager, their attorney and any person affected by the license shall

have the right to be present and to offer sworn oral or documentary evidence

relevant to the breach charged. A license may be suspended during the 10 day
XXIII]. 7

period by a majority vote of the Commission at a meeting at which a quorum is

present. The decision of the Commission shall be final.

23-413. Report to the Commission

Each licensee shall submit to the Tribal Gaming Commission, on a quarterly

basis, a financial report for the previous quarters operations. Such reports shall be

signed, under oath, by an official or representative of the licensee, who in the case

of a tribal operation shall be the operations manager. The reports shall document:

(a) Gross receipts for each month.

(b) Names of each employee and the salary or other compensation

paid to each.

(c) All expenses in the operation of the facility, specifying all payments

to vendors and contractors.

(d) The amount paid in prizes each month.

(e) All bank deposits made from proceeds of the facility operations,

including any interest received on such deposits.

(f) All bank withdrawals, and the purpose of each.

(g) All expenditures of net proceeds including the amount, person or

organization paid, date, and purpose of such expenditures.

(h) That each licensee will submit copies of all IRS required forms.

Chapter 5. Background Investigations and Licensing of Key Employees

and Primary Management Personnel

23-501. License_Required.

All primary management officials and key employees of any gaming facility

on the Reservation or licensed under this Ordinance shall be required to obtain a

gaming employment license from the Commission prior to the commencement of

employment.

23-502. Backgmumliniestigation.

As part of the licensing process, each prospective primary management

official and key employee shall be subject to a background investigation prior to

hiring. For Class Ill gaming conducted in North Dakota, the investigation shall be

conducted by the State of North Dakota. For Class Ill gaming conducted in South
XXIII18

Dakota, the investigation shall be conducted by the State of South Dakota. Any

costs of such investigations shall be paid by the applicant. In addition, the

Commission may conduct its own investigation on any applicant for such license,

with the costs paid by the applicant. For Class II gaming conducted on the

Reservation, the investigation shall be conducted by the licensee or, at its

discretion, by the Commission. Each applicant for a license regarding Class II or

Class Ill employment shall execute a release permitting the appropriate State or

the Commission to conduct such investigation, and shall provide his or her full

name, address and social security number.

23-503. Licensing_Standard.

No person or entity shall be issued a license under this Chapter if that

person or entity (or a principal of such entity) (I) has been convicted of a federal,

state or tribal felony or (2) released from parole or probation or incarcerated

within five years of the application date, (3) has been convicted of a felony or

misdemeanor involving fraud, misrepresentation or gambling, (4) has been found

to be not a person of good character, honesty and integrity or a person or entity

whose prior activities, criminal record, reputation, habits and associations pose a

threat to the public interest of the Tribe or the State of North Dakota or the State

of South Dakota 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 to the conduct of gaming, or (5) has been found to have

participated in organized crime or unlawful gambling.

23-504. Applls~atio.n for License

(a) Each primary management official and key employee shall, at the time of

their hiring but prior to commencing employment, fill out an application

for a tribal license to be provided by the Commission. Each such

application shall have printed on it the following notices:

I. Privacy 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 eLseq. The purpose of the requested information

is to determine the eligibility of individuals to be employed in a gaming

operation. The information will be used by National Indian Gaming

Commission members and staff who have need for 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 investigations and prosecutions or when

pursuant to a requirement by a Tribe or the National Indian Gaming

Commission in connection with the hiring and firing of an employee,

the issuance or revocation of a gaming license, or investigations of
XXIII19

activities while associated with a Tribe or a gaming operation.

Failure to consent to the disclosures indicated in this notice will

result in a Tribes being unable to hire you in a primary management

official or key employee position. The disclosure of your Social

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

SSN may result in errors in processing your application.

2. Notice regarding false statements:

A false statement on any part of your application may be grounds

for not hiring you or for firing you after you begin work. Also, you

may be punished by fine or imprisonment (U.S. Code, Title 18,

Section 1001).

(b) The applicant will provide the following information:

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

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

languages (spoken or written);

2. For the previous five years: business and employment positions

held, ownership interests in those businesses, business and

residence addresses, and driver license numbers;

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

references, including one personal reference who was acquainted

with the applicant during each period of residence listed in

Subparagraph 2;

4. Current business and residence telephone numbers;

5. A description of any current or previous business relationships with

Indian Tribes, including ownership interests in those businesses;

6. A description of any current or previous business relationships with

the gaming industry generally, including ownership interests in those

businesses;

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

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

related to gaming, whether or not such license or permit was

granted;

8. 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;
XXIII20

9. For each misdemeanor conviction or ongoing misdemeanor

prosecution (excluding minor traffic violations) within 10 years from

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 charge) within 10

years of the date of application, other than those listed in response

to Sections 23-504(b)(8) or (b)(9) of this Ordinance, the charge, the

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

of the charge;

II. 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;

12. A photograph;

13. Fingerprints; and

14. Any other information which, in a particular case, the Commission

deems relevant.

23-505. DeterminationotEllgihillty.

On the basis of the information received under Subparagraph (b) of Section

23-504, and the background investigation conducted by the appropriate State, the

Commission shall consider the applicant for a license. Upon a vote of a majority of

its members, including the Chairman-Executive Secretary, the Commission shall

make a determination of the applicants eligibility for a license, pursuant to the

standards set forth in Section 23-503. The Commission shall make its

determination of eligibility within 30 days of receipt of the information under

Section 23-504(b), the result of the background investigation of the appropriate

State, and the results of the additional background investigation, if any, conducted

by the Commission. Notwithstanding any other provision, any person who supplies

materially false or misleading information, or who has omitted material information

in connection with the requirement of this Chapter, shall be denied a license.

23-506. Issuance of License

When the Commission determines that an applicant is eligible for a license,

it shall promptly forward its determination and the results of its investigation to the

National Indian Gaming Commission. The information forwarded to the Commission

shall include the notices set forth in Section 23-504(a)(I) and (a)(2), the information

provided under 23-504(b), and a report of the background investigation under 23-

502. If, at the conclusion of the 30-day period beginning when the National Indian

Gaming Commission receives the report submitted pursuant to this subparagraph,

the National Indian Gaming Commission has not notified the Tribal Commission that
XXIII21

it has any objections, the Tribal Commission may issue the license to the applicant.

If the National Indian Gaming Commission informs the Tribal Commission that it

objects to issuance of the license, the Tribal Commission shall reconsider the

application in light of the National Indian Gaming Commissions objections. The

Tribal Commission shall make the final decision on whether to issue such license.

23-507. Durati~n_ofiJcense.

Each license shall be effective for a period of one year. Prior to expiration

of the license, the licensee shall update the information produced during the

original investigation. The Commission shall conduct a review to determine that

each licensee continues to meet the standards of Section 23-503. If the

Commission finds that the licensee continues to meet the standards, it shall renew

the license for an additional year. Notice of any such renewals shall be forwarded

to the National Indian Gaming Commission.

23-508. Effect otLk~ense Denial

No person denied a license under this Chapter shall be employed in any

capacity at a tribally authorized gaming facility, provided that such person shall

be eligible to reapply for a license one year or more after the license denial.

23-509. Hearings.

Any person who applies for a license under this Chapter may request a

hearing before the Commission on its license application. The Commission may

grant such a request for a hearing in its sole discretion, provided that, if the hearing

is requested by a person or entity whose application under this Chapter has been

denied by the Commission and such request is made in writing within 30 days of

the denial, such request for a hearing shall be granted. At any hearing under this

section, the applicant shall have the right to be present, be represented by counsel

at the applicants own expense, to review all evidence before the Commission on

the application, and to present additional oral or documentary evidence in support

of the application. The decision of the Commission shall be in writing, and shall be

rendered within three days of the hearing.

23-510. License_Suspension.

(a) If, after issuance of a license under this Chapter, the Commission

receives reliable information that a key employee or primary

management official is not eligible for employment under this

Chapter, the Commission shall suspend the license and notify the

licensee in writing of the suspension and proposed revocation.

Such suspension shall not extend beyond 7 days without a hearing.

(b) The Commission shall notify the licensee of the time and place of the

hearing. At the hearing, the licensee shall be entitled to the rights
XXIII22

specified in Section 23-509.

(c) After a revocation hearing, the Commission shall determine, based on

the evidence presented at the hearing, whether to revoke or reinstate

the license. If the licensee continues to meet the standards of Section

23-503, the license shall be reinstated. If not, the license shall be

revoked.

Chapter 6. Management Contractors

23-601. Management Contracts Allowed.

Subject to the approval of the Tribal Commission and the National Indian

Gaming Commission, a licensee may enter a management contract for the

operation and management of gaming activities.

23-602. Standard for Approval

The Commission shall not approve any management contract unless its

terms include:

(a) Adequate accounting procedures to be maintained by the contractor

and verifiable financial reports submitted to the licensee and the

Commission on a monthly basis.

(b) Access to the daily operation of the gaming facility for appropriate

officials of the licensee and the Commission, who shall also have

the right to verify the daily gross revenues and income made from

the gaming activity.

(c) A minimum guaranteed payment to the licensee that has preference over

the retirement of development and construction costs.

(d) A contract term not to exceed seven years.

(e) A management fee not to exceed 40 percent of the net revenues of

the gaming activity.

(f) Grounds and mechanisms for terminating the contract.

23-603. Submission to the National Indian.G~aming Commission.

The Tribe shall submit to the National Indian Gaming Commission for

approval any management contract for the operation of a Class II or Class Ill

game. The Tribe shall submit with the contract all information required by the

National Indian Gaming Commission for its review of the contract.
XXIII23

23-604. Licenses Required

All persons or entities (I) with a financial interest in or having a management

responsibility for a Class Ill management contract, or (2) which are vendors to a

Class Ill gaming operation under this Ordinance shall be required to obtain a license

from the Commission. For each person or entity with a financial interest in or

having a management responsibility for a Class Ill management contract, the

initial license fee shall be $1,000, and the renewal license fee shall be $500. For

each vendor to a Class Ill gaming operation, the annual license fee shall be $2,500.

23-605. Bai~kgmimdinvestigatian.

As part of the licensing process, each person or entity having a financial

interest in or having a management responsibility for a management contract and

each vendor shall be subject to a background investigation. For Class Ill gaming

conducted in North Dakota, the investigation shall be conducted by the State of

North Dakota. For Class Ill gaming conducted in South Dakota, the investigation

shall be conducted in South Dakota. Any costs of such investigation shall be paid

by the applicant. In addition, the Commission may conduct its own investigation

on any such person or entity, with the costs paid by the applicant. Each applicant

for a license shall execute a release permitting the appropriate State or the

Commission to conduct such investigation, and shall provide his or her full name,

address and social security number.

23-606. Licensing.Standard.

No person or entity shall be issued a license under this Chapter if that

person or entity (or a principal of such entity) (I) has been convicted of a federal,

state or tribal felony or (2) released from parole or probation or incarcerated within

five years of the application date, (3) has been convicted of a felony or

misdemeanor involving fraud, misrepresentation or gambling, (4) has been found

to be not a person of good character, honesty and integrity or a person or entity

whose prior activities, criminal record, reputation, habits and associations pose a

threat to the public interest of the Tribe or the State of North Dakota or the State

of South Dakota 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 to the conduct of gaming, or (5) has been found to have

participated in organized crime or unlawful gambling.

23-607. Application_foriJcen.se.

(a) Each applicant with a financial interest in or having a management

responsibility for a Class Ill management agreement shall fill out an

application for a tribal license to be provided by the Commission.

Each such applicant shall sign and submit the following statements:
XXIII24

I. Privacy notice:

Solicitation of the information in this section is authorized by

25 U.S.C. §2701 et seq The purpose of the requested information

is to determine the suitability of individuals with a financial interest

in, or having management responsibility for, a management

contract. The information will be used by the National Indian

Gaming Commission members and staff and Indian tribal officials

who have need for the information in the performance of their

official duties. The information may be disclosed to appropriate

federal, tribal, state, or foreign law enforcement and regulatory

agencies in connection with a background investigation or when

relevant to civil, criminal or regulatory investigations or prosecutions

or investigations of activities while associated with a gaming

operation. Failure to consent to the disclosures indicated in this

statement will mean that the Chairman of the National Indian

Gaming Commission will be unable to approve the contract in

which the person has a financial interest or management

responsibility.

The disclosure of a personal Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result in errors

in processing the information provided.

2. Notice regarding false statements:

(a) Applicant shall sign and submit the following statement:

A false statement knowingly and willfully provided in any of the

information pursuant to this section may be grounds for not

approving the contract in which I have a financial interest or

management responsibility, or for the disapproving or voiding

such contract after it is approved by the Chairman of the

National Indian Gaming Commission. Also, I may be punished

by fine or imprisonment (U.S. Code, Title 18, Section 1001).

(b) Each person seeking a license under this Chapter shall provide

the following information:

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

number(s), birth date, place of birth, citizenship, and gender;

2. A current drivers license and a list of all languages spoken

or written;

3. For the previous ten years: business and employment positions

held, ownership interests in those businesses, business and

residence addresses, and the city, state and country of
XXIII25

residence from age 18 to the present;

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

references, including one personal reference who was

acquainted with the applicant at each different residence

location over the past five years;

5. Current business and residence telephone numbers;

6. A description of any previous business relationships with

Indian Tribes, including ownership interests in those

businesses;

7. The name and address of any licensing or regulatory agency

with which the applicant has filed an application for a license

or permit related to gaming, whether or not such license or

permit was granted;

8. For each gaming offense and 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 of the charge and

of the disposition;

9. For each misdemeanor or other conviction or ongoing

misdemeanor or other prosecution (excluding minor traffic

violations) within 10 years from the date of the application,

the name and address of the Court involved and the dates

of prosecution and of the disposition;

10. 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;

II. A photograph;

12. Fingerprints;

13. A complete and current financial statement showing all sources

of income for the previous three (3) years, and costs, liabilities,

and net worth as of the date of the submission;

14. Any other information which, in a particular case, the

Commission deems relevant.

23-608. Determination of
XXIII26

On the basis of the information received under subparagraph (b) of Section

23-607, and the background investigation conducted by the appropriate State, the

Commission shall consider the application for a license. Upon a vote of a majority

of its members, including the Chairman-Executive Secretary, the Commission shall

make a determination of the applicants eligibility for a license, pursuant to the

standards set forth in Section 23-606. Notwithstanding any other provision, any

person or entity which supplies materially false or misleading information, or who

has omitted material information in connection with the requirements of this

Chapter, shall be denied a license.

23-609. Issuance of License

When the Commission determines that a person or entity with a financial

interest in or having a management responsibility for a Class Ill management

agreement is eligible for a license, it shall promptly forward its determination and

the results of its investigation to the National Indian Gaming Commission. If, at

the conclusion of the 30-day period beginning when the National Indian Gaming

Commission receives the report submitted pursuant to this subparagraph, the

National Indian Gaming Commission has not notified the Tribal Commission that

it has any objections, the Tribal Commission may issue the license to the applicant.

23-610. Duration of License

Each license under this Chapter shall be effective for a period of one year.

Prior to the expiration of the license, the licensee shall update the information

produced during the original investigation. The Commission shall conduct a review

to determine that each license continues to meet the standards of Section 23-606.

If the Commission finds that the licensee continues to meet the standards, it shall

renew the license for an additional year. Notice of any such renewals shall be

forwarded to the National Indian Gaming Commission.

23-611. Hearings.

Any person or entity which applies for a license under this Chapter may

request a hearing before the Commission on its license application. The

Commission may grant such a request for a hearing in its sole discretion, provided

that, if the hearing is requested by a person or entity whose application under this

Chapter has been denied by the Commission and such request is made in writing

within 30 days of the denial, such request for a hearing shall be granted. At any

hearing under this section, the applicant shall have the right to be present, be

represented by counsel at the applicants own expense, to review all evidence

before the Commission on the application, and to present additional oral or

documentary evidence in support of the application. The decision of the

Commission shall be in writing, and shall be rendered within three days of the

hearing.

23-612. LieenseSuspension.
XXIII27

(a) If, after issUance of a license under this Chapter, the Commission

receives reliable information that such person or entity is not eligible for

a license under this Chapter, the Gaming Commission shall suspend

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

proposed revocation. Such suspension shall not extend beyond 7 days

without a hearing.

(b) The Gaming Commission shall notify the licensee of the time and place

of the hearing. At the hearing, the licensee shall be entitled to the

rights specified in Section 23-611.

(c) After a revocation hearing, the Commission shall determine, based on the

evidence presented at the hearing, whether to revoke or reinstate the

Ilcense. If the licensee continues to meet the standards of Section

23-609, the license shall be reinstated. If not, the license shall be

revoked.

23-613. Definitions.

(a) For purposes of this Chapter, the term persons or entities with a

financial interest in, or having management responsibility for, a

management contract means:

I. Each person with management responsibility for a management

contract;

2. Each person who is a director of a corporation that is a party to a

management contract;

3. The ten (10) persons who have the greatest direct or indirect

financial interest in a management contract;

4. Any entity with a financial interest in a management contract;

5. Any other person with a direct or indirect financial interest in a

management contract.

(b) For purposes of this Chapter, vendor means: (i) any person or entity

providing Class Ill gaming equipment to a gaming operator under this

Ordinance in a total amount exceeding $50,000.00 in a twelve-month

period, or (ii) any other person or entity which provides goods or

services (other than accounting or legal services) to a gaming operator,

provided that, notwithstanding any other provision of this Ordinance, a

vendor as defined under this Subsection (ii) shall be required to obtain a

license under Section 23-604 only if the Commission, in its discretion,

specifically so requires.
XXIII28

Chapter 7. Class II Gaming

23-701. Conditions

The following conditions and restrictions shall apply to the conduct of

Class II gaming, including bingo:

(a) No person who is under the age of 16 shall participate or play in any

Class II game of chance. No person under the age of 16 shall be

allowed on premises where Class II games are being conducted unless

that person is accompanied by a member of his immediate family or

guardian who is not younger than 18 years of age. It shall be the

responsibility of the licensee and of those persons physically operating

the games to determine that no unauthorized person is allowed to play

in or participate in any manner in the operation of any bingo game.

(b) All Class II licensees shall impose a uniform charge on all players for the

bingo cards to be used in each bingo game. The rate to be charged

players for cards shall be fixed by each licensee and posted conspicuously

on the premises. No person shall be allowed to play in a game without

first paying this uniform charge. Each person paying for the opportunity

to participate in a bingo game shall be given a bingo card which shall be

numbered and can be readily identified as belonging to that licensee.

Each card issued shall represent a specific amount of money which has

been paid to the licensee. The amount of prize money represented by

each card issued shall be clearly made known to all players prior to

anyone paying to participate in the activity.

(c) Bingo cards shall be sold and paid for, only in advance for use in a

specified game or games. All sales of bingo cards shall take place upon

the premises and upon the occasion that the bingo games for which the

card is being sold are conducted. No cards may be sold on credit or as

a gift or loan of any kind whatever.

(d) Each numbered ball, or other device, used in a bingo game for the

selection of numbers to be called in play shall be the same weight as

each of the other balls or devices used for the purpose in that game.

Immediately following the calling of each number in a bingo game, the

caller shall turn the portion of the ball or other device used to determine

which number is called which shows the number and letter to the

participants in the game so that participants may know that the proper

number has been called out. Nothing in this section shall prohibit the

use of electronic, computer or other technological aids in games of

bingo or other games of chance provided that such aids are used

properly and fairly.
XXIII29

Chapter 8. Class Ill Gaming

23-801. Applicability.

In addition to the forms of Class II gaming authorized pursuant to Chapter

7, the Tribe shall be authorized to conduct certain specified forms of Class Ill

gaming. This chapter imposes conditions and regulations on Class Ill gaming in

addition to the conditions in Chapter 4 which are applicable to all gaming on the

Reservation.

Subchapter A. Gaming in North Dakota.

23-802. Applicability

This subchapter applies to Class Ill gaming, as defined in Section 23-203 of

this Ordinance and in the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8), that

occurs on lands within the State of North Dakota which are on the Standing Rock

Sioux Reservation, held in trust by the United States for the Tribe or individual

Indians or are otherwise subject to the jurisdiction of the Standing Rock Sioux Tribe.

23-803. Governing Law

Class Ill gaming under this subchapter shall be governed by and conducted

in conformity with the laws of the Standing Rock Sioux Tribe, the North Dakota

Compact and the laws of the United States.

23-804. Ad~p1i~nof Compact.

The North Dakota Compact is hereby incorporated within and enacted as an

integral part of this Ordinance with respect to all forms of Class Ill gaming, and the

Compact is appended to and made a part of this Ordinance as if set forth in full

herein; provided however, that nothing in the adoption of the North Dakota Compact

herein shall be deemed to affect the operation by the Tribe of Class Ill gaming on the

South Dakota portion of the Reservation, or the operation by the Tribe of Class II

gaming on any portion of the Reservation, or to confer upon the State of North

Dakota any jurisdiction over Class II gaming conducted by the Tribe on the Reservation.

23-805. types of Class Ill Game~s Authorized.

The following Class Ill games are authorized to be operated and played on

the North Dakota Portion of the Reservation.

a. Video games of chance and electronic slot machines utilizing a central

computer system.

b. Paddle wheel.
XXIII30

c. Blackjack.

d. Poker, including pai gai poker and Caribbean poker.

e. Keno.

f. Sports and calcutta pools as defined under North Dakota law.

g. Parimutuel and simulcast betting if an agreement governing such betting

is reached between the Tribe and North Dakota.

23-806. Bet Limits

The following bet limits shall apply to the following games:

Blackjack $50.00 maximum

Any Machine 5.00 maximum

Poker 25.00 maximum (single bet)

50.00 maximum (overall bet)

Paddle Wheel 25.00 maximum (single bet)

50.00 maximum (overall bet)

23-807. Minimum Age Requirement

No person under the age of 18 shall be allowed to play any Class Ill gaming

on the North Dakota portion of the Reservation. If any person below the age of lB

plays and qualifies to win any Class Ill game, the prize shall not be paid, and the

amount wagered during the course of the game shall be forfeited by the minor.

23-808. Record Keepina Requirement

Each location which contains video games of chance shall have an inter

connected one-way reporting system which shall provide, for each machine,

periodic analy-tic reports that record coins in and coins out, calculate actual

hold, and compare actual hold to theoretical percentages. Reports shall be

prepared on at least a monthly basis and shall be made available for inspection

by agents of the State of North Dakota. The reports shall be maintained by the

Tribe for a minimum of three years.

23-809. Inspeclion.

Gaming Agents of the Tribe or the State of North Dakota shall have the

right to gain access, without notice during normal hours of operation, to all

premises used for the operation of Class Ill games of chance on the North Dakota
XXIII31

portion of the Reservation, or for the storage of such games and equipment related

thereto, and may inspect all premises, equipment, daily records, documents or

items related to the operation of Class Ill games of chance.

23-810. Ie~hnicaLStandards.

The provisions of Section 6 of the North Dakota Compact, Technical

Standards for Class Ill Video Games of Chance, are hereby adopted and

incorporated into this Ordinance.

Subchapter B. Gaming in South Dakota.

23-811. Applicability

This subchapter applies to Class Ill gaming, as defined in Section 23-203 of

this Ordinance and in the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8),

that occurs on lands within the State of South Dakota which are on the Standing

Rock Sioux Reservation, held in trust by the United States for the Tribe or individual

Indians or are otherwise subject to the jurisdiction of the Standing Rock Sioux Tribe.

23-812. GoverningLaw.

Class Ill gaming under this subchapter shall be governed by and conducted

in conformity with the laws of the Standing Rock Sioux Tribe, the South Dakota

Compact and the laws of the United States.

23-813. Adnption of Compai~t

The South Dakota Compact is hereby incorporated within and enacted as

an integral part of this Ordinance with respect to ~ forms of Class ~ gaming, and

the Compact is appended to and made a part of this Ordinance as if set forth in full

herein; provided however, that nothing in the adoption of the South Dakota

Compact herein shall be deemed to affect the operation by the Tribe of Class Ill

gaming on the North Dakota portion of the Reservation, or the operation by the

Tribe of Class II gaming on any portion of the Reservation, or to confer upon the

State of South Dakota any jurisdiction over Class II gaming conducted by the Tribe

on the Reservation.

23-814. typesof Class liLGames AuthQrizecl.

The following Class Ill games are authorized to be operated and played on

the South Dakota portion of the Reservation:

a. Blackjack, as that term is defined in South Dakota Codified Laws

42-7B-4(3);

b. Poker, as that term is defined in South Dakota Codified Laws
XXIII32

42-7B-4(l8);

c. Slot machines, as that term is defined in South Dakota Codified Laws

42-7B4(2l).,

23-815. Bet Limits

Class Ill gaming operations on the South Dakota portion of the Reservation

may offer the highest bet limits on any game consistent with the laws of the State

of South Dakota and the regulations of the South Dakota Gaming Commission.

23-816. Accrninting Standards

The accounting standards of Chapter 20:18:22 of the South Dakota Rules

and Regulations for Limited Gaming are hereby adopted and incorporated into this

Ordinance.

23-817. MinimumAgeLReguirement.

No person under the age of 21 shall play or be allowed to play any Class Ill

gaming device in the South Dakota portion of the Reservation, If any person below

the age of 21 plays and qualifies to win any Class Ill game, the prize shall not be

paid, and the amount wagered during the course of the game shall be forfeited by

the minor.

23-818. Technical Standards for Gaming

The hardware and software specifications set forth by the South Dakota

Gaming Commission and SDCL 42-7B-43 are hereby adopted and incorporated

into this Ordinance. All Class Ill gaming machines on the South Dakota portion of

the Reservation shall meet or exceed these standards.

23-819. Number of Gaming De.vi~es

The Tribe shall be authorized to operate up to 180 gaming devices on the

South Dakota portion of the Reservation, or such greater amount as may be

authorized under the South Dakota compact, provided however, that any increase

or decrease in the gaming device limitation contained in the laws of the State of

South Dakota will result in a proportional increase or decrease in the limit of 180

devices permitted under this Ordinance.

Chapter 9. No Credit Extended

23-901. No Credit Extended

All Class Ill gaming shall be conducted on a cash basis. No person shall

be extended credit for gaming and no licensee shall be permitted to offer credit for
XXIII33

gaming for a fee; provided however that this section shall not apply to credits won

by players who activate play after inserting coins or currency into the game, and

provided further that this section shall not restrict the right of the Tribe or any other

person to offer check cashing or to install or accept bank or credit card transaction

in the same manner as would be normally permitted at a retail business.

Chapter 10. Jurisdiction Over Class Ill Gaming

23-1001. Civil Jurisdiction inSouth Dakota

The Standing Rock Tribal Court shall have civil jurisdiction exclusive of the

State of South Dakota over all transactions or disputes related to or arising from

gaming conducted on the South Dakota portion of the Reservation, and all disputes

related to or arising from this Ordinance on the South Dakota portion of the

Reservation, provided however, that any such case involving one or more persons

who are not tribal members shall be heard in the courts of the State of South

Dakota, unless all parties stipulate the action may be heard in Tribal Court. This

provision shall not be construed as a waiver of sovereign immunity by the Tribe.

23-1002. Civil jurisdiction in Dakota

The Standing Rock Sioux Tribal Court shall have civil jurisdiction exclusive

of the State of North Dakota over all transactions or disputes related to or arising

from gaming conducted on the Reservation or in North Dakota under this Ordinance.

23-1003. Criminal South Dakita

The Standing Rock Sioux Tribal Court shall have criminal jurisdiction exclusive

of the State of South Dakota over all persons who are members of the Tribe in any

criminal proceeding related to or arising from gaming conducted on the Reservation

in South Dakota. The courts of the State of South Dakota shall have jurisdiction

over persons who are non-members of the Tribe in a criminal proceeding related to

or arising from gaming conducted on the South Dakota portion of the Reservation,

to the extent set forth in the South Dakota Compact.

23-1004. Criminal Jurisdiction North Dakota

The Standing Rock Sioux Tribal Court shall have criminal jurisdiction exclusive

of the State of North Dakota over all persons as to whom the Tribe has criminal

jurisdiction generally, in any criminal proceeding related to or arising from gaming

conducted on the Reservation in North Dakota. The courts of the State of North

Dakota shall have jurisdiction over persons who are nonindians in a criminal

proceeding related to or arising from gaming in North Dakota.

23-1005. Federal Jurisdiction.

Nothing herein shall be construed to limit or deprive the federal courts of
XXIII34

any civil or criminal jurisdiction which they might otherwise have.

Chapter II. Penalties

23-1101. Criminal Penalties.

Violation of this Ordinance shall constitute a Class A misdemeanor.

23-1102. Civil Penalties

Notwithstanding criminal penalties which may be imposed, any individual

who violates any provision of this Ordinance shall be subject to civil penalties

including exclusion from employment by any Tribal gaming enterprise, exclusion

from attendance at any Tribal gaming facility, or exclusion from the Reservation

if a non-member of the Tribe. The Tribal Court shall have the jurisdiction to impose

any such civil penalty on any person within the jurisdiction of the Tribe to impose

such penalty.

Chapter 12. Customer Disputes

23-1201. Customer_Disputes.

Any person who has any dispute, disagreement or other grievance that

involves currency, tokens, coins or any other thing of value and is between the

customer or player and a tribally licensed gaming facility, may raise such dispute

with the following persons and in the following order: (a) a member of the staff of

the facility, (b) the supervisor in the area in which the dispute arose, (c) a

managerial level supervisor of the facility, and (d) the Tribal Gaming Commission.

23-1202. Customer RighlsRegarding Disputes

At each level, the complainant has the right to explain his side of the

dispute, and to present witnesses in connection with any factual allegation. At

each level, if the dispute remains unresolved, the complainant shall be informed of

this right to take the dispute to the next higher level as set forth in Section 23-1201.

Resolution of any dispute by staff of the facility shall always involve two or more

staff members. All disputes, whether resolved or not, shall be the subject of a

detailed report by all staff involved to their supervisors, or, in the case of the senior

staff member handling a dispute, to the Tribal Gaming Commission.

23-1203. Commission Action on Customer Disputes.

All disputes which are submitted to the Tribal Gaming Commission shall be

decided by the Commission based on information provided by the complainant, any

witnesses for or documents provided by the complainant, or by the licensee or

manager of the facility or any other person who has relevant information to provide.

The decision of the Commission shall be in writing, shall be issued within 14 days of
XXIII35

submission of the matter to the Commission, and shall be provided to the licensee

or manager of the facility and the complainant.

Chapter 13. Miscellaneous

23-1301. Sevexahillty.

In the event that any section or provision of this Ordinance is held invalid,

the remaining sections or provisions shall continue in full force and effect.

With Amendments Through November 8, 1996

Pages XXIII-l through XXIII-35