:-- a", NATIONAL . 

::;. INDIAN 

f i! ,i GAMING 

 COMMISSION SEP 1 9 1995 

A1 Trepania, ~hairmhn 

Lac Courte ~reillesi Band of Lake superior ~hippewa 

Route 2, Box 2700 

Hayward, WI 54843 

Dear Chairman ~re~abia: 

This letter re ponds to your request to review and approve 

the tribal gaming o dinance, Resolution No. 95-63, adopted on 

August 7, 1995, by e he Lac Courte Oreilles Band of Lake Superior 

Chippewa (Tribe). phis letter constitutes such approval under 

the Indian Gaming Rbgulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian 

Gaming Commission ( IGC), the Chairman is directed to review 

ordinances with res ect to the requirements of the IGRA and the 

implementing regula k ions. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or t e C NIGC regulations that may be included in a 

tribal ordinance ark not subject to review and approval. Also, 

such approval does ot constitute approval of specific games. It 

is important to not b that the gaming ordinance is approved for 

gaming only on 1ndihn lands as defined in the IGRA. 

With the chairban's approval of the Tribers gaming 

ordinance, the Trib is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIG expects to receive a completed application 

for each key employ e and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report on each 

background investig tion before issuing a license to a key 

employee or 

556.5(b). 

primary: 1 management official pursuant to 25 C.F.R. 

1 

Thank you for ubmitting the ordinance of the Lac Courte 

Oreilles Band of La e Superior Chippewa for review and approval. 

The NIGC staff and look forward to working with you and the 

Tribe in implernenti/lg the IGRA. 

Sincerely yours, 

-- ---- ~~~~SS~RECT FI)L_'lJlIE 450 L\AStiINC~II It4 1)C. 20036 1CL 202 632 7003 FAX 202 632 7066 
Pride Of the Ojibwa 

Route 2 Box 2700 

Hayward, Wisconsin 54843 

(7 15) 634-8934 FAX (7 15) 634-4797 

RESOLUTION NO. 95-63 

WHEREAS, the Lac Courte Oreilles Band of Lake Superior Chippewa Indians is a 

Federally Recognized American Indian Tribe, and 

WHEREAS, the Lac Courte Oreilles Tribal Governing Board is the governing body of 

the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, and 

WHEREAS, it is the interest of the Tribe to develop its gaming enterprises, and 

WHEREAS, the Tribal Governing Board has developed and reviewed the attached 

comprehensive Gaming Code which the Tribal Governing Board believes will serve the 

best interests of the Tribe, and 

WHEREAS, the Gaming Code will provide appropriate regulation of gaming activities 

within the Lac Courte Oreilles Reservation and upon Lac Courte Oreilles trust lands, and 

WHEREAS, the Gaming Code incorporates Policies and Procedures relating to 

Background Investigations, Tribal Felony Waivers and Employee License Applications 

that will serve to protect the integrity of Lac Courte Oreilles Tribal Gaming Enterprises; 

and 

WHEREAS, the Tribe is required to submit the amended Comprehensive Gaming Code 

and 0the;materials to the National Indian Gaming Commission (NlGC) for approval. 

NOW THEREFORE BE IT RESOLVED, that the attached amended Gaming Code is 

herein enacted. 
RESOLUTION NO. 95-63 

Page 2 of 2 

I, the undersigned, as Secretary/Treasurer of the Lac Courte Oreilles Tribal 

Governing Board, hereby certifjl that the Governing Board is composed of 7 members, of 

whom 4 being present, constituted a quorum at a meeting thereof, duly called, 

convened and held on this 7th day of August , 1995; that the foregoing resolution 

was duly adopted at said meeting by an affirmative vote of 3 members, o 

against, 0 abstaining and that said resolution has not be rescinded or amended in any 

way. 

Donald Carley, Sec 

LAC COURTE OREILLES TRIB~ GOVERNING BOARD 
LAC COURTE OREILLES BAND OF LAKE SUPERIOR CHIPPEWA INDIANS 

AMENDED GAMING CODE 

CHAPTER I 

INTRODUCTION 

701.01 TITLE. 

This Code shall be known as the "LacCourte Oreilles Gaming Code". 

701. 02 REPEAL OF PRIOR AUTHORITY. 

This Code hereby repeals all other previously enacted gaming codes to the extent 

that the previous gaming codes are inconsistent with this Code. 

701.03 AUTHORITY. 

This Code is enacted pursuant to Article V, Section I (n) of the Constitution and 

By-Laws of the Lac Courte Oreilles Band of Lake Superior Chippewa Indians, as 

amended. 

701.04 DECLARATION OF POLICY 

The Tribal Governing Board declares that: 

1. All phases of the conduct of games of chance should be closely controlled 

by appropriate laws and rules which should be strictly and uniformly enforced 

throughout the Lac Courte Oreilles Reservation. 

2 . The conduct of games of chance and all attendant activities, should be so 

regulated as to discourage private commercialization and to ensure the maximum 

use of gaming exclusively for lawfbl purposes specified in this Code. 

3 . It is a matter of tribal concern to foster and support such lawf3l purposes 

and to prevent commercialized gambling, participation by criminal and other 

undesirable elements and diversion of funds from the lawfbl purposes herein 

authorized. 

4. Lawful purposes contemplated within this Code are: support of tribal 

government operations, of tribal members, contributions to tribal philanthropic 

activities, and support of social welfare and education of tribal members. 
5 . Preference snail be granted in the recruiting, traning and ernpio~lmento 

qualified members of the Tribe. their spouses and children. Tribal preference 

shall apply in all job categones falling under the gaming code and provisions. 

6. To the extent that qualified members of the Tribe, their spouses or 

children are not avaiiable to fill a position. preference shall be given first to 

qualified members of other Tribes of Chippewa Indians and then to qualified 

members of any other Indian Tribe. 

701.05 INTERPRETATION 

The provisions of this Code: 

1. Shall be interpreted and appiied as minimum requirements applicable to 

gaming activities on the Lac Coune Oreilles Reservation. 

2. Shall be liberailv construed in favor of the Tribe. 

3 . Shall be construed consistent with the provisions of the National Indian 

Gaming Regulatory Act, 25 U.S.C. Section 2701, et seq., and the 1991 TribalState Gaming compact (governing Class 111 games) between the Tribe and the 

State of Wisconsin and such Gaming Management Contracts as the Tribe may 

enter into. 

701.06 OWNERSHIP OF GAMING 

The Lac Courte Oreilles Tribe shall have the sole proprietary interest in and 

responsibility for the conduct of any gaming operation authorized by this 

ordinance. 

701.07 USE OF GAMlNG REVENUE 

A. Net revenues fiom class I1 gaming shall be used only for the following 

purposes: to bd tribal government operations and programs, provide for the 

general welfare of the Tribe and its members, promote tribal economic 

development, and donate to charitable organizations. 

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

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

ofthe Interior under 25 U.S.C. Section 2710 (b). 
A. The Tribe shall cause to be conducted annually an independent audit of 

gaming operations and shall subrmt the resulting audit repons that inciude financial 

statements and management letters to the National Indian Gamng Commission. 

B. All gaming - related contracts that result in the purchase of supplies. 

services, or concessions in excess of $25,000.00 annually, except contracts for 

professional legal and accounting services. shall be specifically included within the 

scope of the audit that is described in subsection A. above. -- 

701.09 PROTECTION OF THE ENMRONMENT AND PUBLIC HEALTH AND 

SAFETY 

Lac Courte Oreilles Class 11 gaming facilities shall be constructed, maintained and 

operated in a manner that adequately protects the environment and the public 

health and safety. 

701.10 NOTlCES TO AGENT 

The Secretary of the Lac Courte Oreiiles Tribe shall be designated as agent for 

savice of any official determination, order, or notice of violation pursuant to 25 

CFR Section 522.2 (g). 
CHAPTER I1 

702.01 The following definitions shall be applicable. 

1. "Act" shall mean the Indian Gaming Regulatory Act. 

P.L. 100 - 497,25 U.S.C. Section 2701 et sea. 

2. "Class 1 Gaming" means: -- 

a. Social games played solely for prizes of minimal value or traditional 

forms of Indian gaming engaged in as part of tribal ceremonies or 

celebrations. 

3. "Class I1 Gaming" means: 

a . BINGO - The game of chance which is played for prizes, including 

monetary prizes, with cards bearing numbers or other designations, 

in which the holder of the card oversees such numbers or 

designations when objects, similarly numbered or designated, are 

drawn or electronically determined in which the game is won by the 

fist person. 

Electronic, computer or technological aids such as computer-generated number 

sequences-can be used in connection with Class I1 bingo, so long as all players are 

playing against each other to achieve the same sequences. Computerized or 

"video" bingo, in which players play against the machine rather than against each 

other, are Class I11 games, subject to Chapter V of this Title. 

Class I1 gaming shall not include bingo included as Class I gaming in Section 

702.01. 

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, and "instant bingo", in which prizes are 

awarded on the basis of a designated winning number or numbers, 

color or colors, symbol or symbols determined by chance. 
4. "Class III Gamng" means all forms of gmne that are not Class i or 

Class I1 gamng, including: 

a. Elecrromc or electromechamcal facsirmies of any game of chance or 

slot machines of any kind, including "video bingo". 

b. All banlung card games: that is, card games played agamst the 

house. inciuding baccarat, chemin de fer, and blackjack. 

5. "Department of Justice" means the Department of Justice of the State of 

Wisconsin, its authorized Officiais, agents and representatives. 

6. "Enterprise" is a commercial enterprise of the Tribe authorized to engage 

in (a) gaming of every variety defined as Class 11 Gaming by the IGRA; (b) gaming 

defined as Class I11 Gaming pursuant to the Lac Coune Oreilles Band of Lake 

Superior Chippewa [ndians/State of Wisconsin Gaming Compact for 199 1 (the 

"Compact"); and (c) any other lahi commercial activity related to Gaming and 

permitted by the Tribe. 

7. "Faciiity" shail mean the buildig, including related or connected modular, 

tent-like or other structures, and associated and adjacent real estate property, 

within which the Enterprise will be housed, and the parking areas sewing the 

Facility, all as located on the Property. 

8 . "Garmng" shall mean activities defined as Class I Gaming, Class iI Gaming 

and Class Ill Gaming under the IGRA and the Compact. 

9. "General Contractor" shall mean the person or entity selected by the 

Governing Board. on behalf' of the Tribe, who is a licensed general contractor 

experienced in the Construction of commercial buildings and appurtenant structures 

and semce faciiities. 

10. "General Manager" shall mean the person selected by the Tribal Governing 

Board, who is experienced in the operation, maintenance and accounting of a 

Gaming facility. Such General Manager shall be employed by the Tribe and shall 

be the person responsible for and with the necessary authority for general 

operations, in connection with the operation of the Facility. 

1 1. "LCO" shall mean the Lac Coune Oreilles Band of Lake Superior 

Chippewa Indians. 
12. "Lottey Board" means the Wisconsin Lottery Board, its authorized 

officials. and agents and representatives. 

13. "Management Contract" means agreements covering the overall 

management and operation of a Tribal game or gaming facility by an entity other 

than the Tribe or its employees. including all collaterai agreements to such 

agreement that relate to gaming activity. The term does not include ageements 

for the procurement of particular services, materials or supplies related to the 

Tribe's operation of Class In gaming under the Compact and Class I1 gaming 

activities, such as the supply of gaming aids, communication and other equipment, 

computers and software and scratch tickets. 

14. "Person" includes all partnerships (general and limited), associations and 

corporations. 

15. "State" means the State of Wisconsin, its authorized officials, agents and 

representatives. 

16. "Tribal Gaming Commission" Tribal members who are appointed by the 

Tribal Governing Board who shall be responsible for carrying out the duties of 

this Gaming Code as specified in Sections 703.02 - 703.14. 

17. "Tribal Governing Board", "Governing Board" or "Board" shall mean the 

Governing Board established under the Constitution and By-Laws ofthe Lac Courte 

Oreiiies Band of Lake Superior Chippewa Indians of WisconsinTribe with jurisdiction 

to oversee and regulate the all gaming activities on behalf of the Tribe 

18. "Tribal lands" for purposes of this code has the following meaning: 

a. All lands within the territorial limits of the Lac Courte Oreiiles 

Band of Lake Superior Chippewa Indians Reservation: 

b. All lands within the State of Wisconsin held in trust by the United 

States for the benefit of the Lac Courte Oreiiles Band of Lake 

Superior Chippewa Indians as of October 17,1988; and 

c. All lands within the State of Wisconsin which may be acquired in 

trust by the United States for the benefit of the Lac Coune Oreilles 

Band of Lake Superior Chippewa Indians after October 17, 1988, 

over which the Tribe exercises governmental power, and which 

meet the requirements of sec. 20 of the Act. 25 U.S.C. Section 

2719. 

6 
19. "Tribe" means the Lac Coune Oreiiies Band of Lake Supenor Chippewa 

Indians. its authonzea officiais. agents and representatives. 

20. " Tribal Garmng Attornev" means the Chief Legal Counsei employed bv 

the Tribe, in charge of and responsible for legal issues relating to gaming 

operations of the Tribe and associated enterprises. 

21. "Tribal Gaming Enforcement Officer" means the Enforcement Officer, 

appointed by the Tribe to work with the Tribal Garmng Commission, who is 

responsible for initiating background investigations and monitoring all aspects of 

gaming operations within the Lac Coune Oreiiies jurisdiction 

22. "Tribal Gaming Liaison" means the tribal official designated to interact 

between the gaming operations, the Tribal Governing Board, and the Tribal 

Gamg Commission. 
CHAPTER I11 

703 .O 1 DUTTES OF THE TRIBAL GOVERNlNG BOARD 

1. The Tribal Governing Board shall oversee, supervise and govern all aspects 

of tribal gaming. 

2. The Tribal Governing Board shall. 

a. Effectuate policy associated with tribal gaming; 

b. Delegate authority as appropriate to tribal gaming commission 

members, tribal officers and other instrumentalities of tribal 

government; 

c. Promulgate rules relating to the issuance, renewal, amendment, 

suspension and revocation of gaming licenses and the conduct of 

such activity upon Lac Courte Oreilles Lands; 

d. Receive recommendations fiom the Tribal Gaming Commission to 

approve, license, and suspend or deny tribal licensees as to gaming 

activities; 

e. Establish terms and conditions as to the distribution of lottery 

tickets associated with the tribal lottery; 

f. Appoint key personnel, including Tribal Games Manager, and 

Gaming Enforcement Officer; 

g. Determine appeals fiom actions of tribal officers associated with 

gaming; and 

h . Determine the powers and duties of the Board in addition to 

those set forth under this Code. 

i . Desigate areas on the reservation on which the selling of gaming 

supplies and equipment may be purchased and sold by approved 

suppliers to licensees. 

J. Delegate oversight to the Tribal Gaming Commission in the fitness 

of all contractors providing supplies and equipment through 

contracts exceeding $10,000.00 in vaiue. 

8 
3. No member of the Board, nor tribal official, shall participate in the 

approval, denial, revocation, or suspension of any application or license of an 

organization of which he or she is an officer, director, shareholder, member, or if 

any member of his or her immediate family, or in any matter affecting the scope of 

business or financial resources of such an organization or person. This shall not 

serve to limit the authority andfor responsibility of individual members of the 

Board as to activities of the Tribe or tribal organizations. 

GAMING COMMISSION 

1. In order to cany out the purpose of this Code and to assure the proper 

operation of gaming within the Lac Courte Oreilles jurisdiction, the Tribal 

Governing Board shall establish a Lac Courte Oreilles Tribal Gaming Commission 

with delegated powers to oversee and preserve the integtity of gaming activities. 

2. The Tribal Governing Board, with a majority constituting a quorum, 

convened at a duly called meeting, shall appoint five members to the Lac Courte 

Oreilles Tribal Gaming Commission. Such persons appointed must meet the 

qualifications set forth in this Code. 

3. The Tribal Governing Board shall recruit and post vacancies to be filled 

fiom the tribal membership. Applications for appointment shall be developed by 

the Tribal Governing Board. 

4. Applicants shall submit to a background investigation for a determination 

of suitability by the Tribal Governing Board. Applicants shall be required to 

cooperate with the fingerprint process and provide all relevant information to 

facilitate the investigation. 

QUALIFICATIONS OF COMMISSIONERS 

Applicants for appointment to the Tribal Gaming Commission must satisfjl the 

following requirements: 

1. Be an enrolled Lac Courte Oreilles tribal member. 

2. Be at least 21 years of age. 

3. Have obtained a High School Diploma or GED equivalent or a degree of 

Higher Education. 
4. Have no prior record of, or entry of a plea of no contest to, any of the 

following in any tribal, county, state or federal court, unless pardoned: 

a. a felony 

b. any gaming - related offense. 

c. fiaud or misrepresentation in any connection. 

d. a violation of any provision of this Code or any law of Lac Courte 

Oreilles, including the Compact, regulating or prohibiting gaming. 

5. Shall not be an immediate family member or cohabiting partner of any 

member of the Tribal Governing Board or Key Employee of a gaming facility. 

6. Shall not be employed by any Gaming Operation and not be a Primary 

Management Official in any gaming facility. 

7. Shall have no financial interest in any management or vendor contract. 

8. Shall not be primarily employed in a tribal Director or Management 

position that will impede the availability as a Commissioner. 

9. Shall not be an elected tribal official 

10. Shd have some gaming experience through education, experience, 

and/or interest. 

TERM 

The Tribal Governing Board may appoint applicants who meet the above criteria 

as Gaming Commissioners as follows: 

1. The original Commission shall be: 

a. Three commissioners shall be appointed for a two year term, and 

b. Two commissioners shall be appointed for a one year term 

2. Subsequent terms on the Commission shall be maintained to assure that 

consistency of the Commission functions are maintained. The Tribal Governing 

Board shall appoint Commissioners for all vacancies. 
3. Appointments shall occur on the anniversq date of the original 

Commission appointment, unless otherwise scheduled due to reasons of death, 

resignation, or removal. 

4. The Tribal Governing Board may remove appointed Gaming Commission 

members when required by conflict of interest, non-participation, misfeasance, 

malfeasance, death, or resignation. 

OFFICERS 

Gaming Commission Officers shall bechairman, Vice-Chairman, and Secretary1 

Treasurer. The Chairman shall serve for two year periods. The Vice-Chairman 

and SecretarylTreasurer shall serve one year periods. The Tribal Gaming 

Commission shall elect its own Officers. 

703.06 POWERS OF COMMISSION 

The Commission shall be delegated the following powers: 

1. The Tribal Gaming Commission is hereby vested with the delegated 

authority and powers to perform its duties and responsibilities pursuant to this 

Code and any regulations or policies adopted by the Lac Courte Oreilles Tribe in 

connection with this Code. 

2. To promulgate rules of procedure as are reasonably necessary to carry out 

the responsibilities of this Code and all relevant gaming regulations and policies so 

as to ensure the integrity of gaming activities of the Lac Courte Oreilles Tribe.. 

3. To review, determine, and recommend the suitability of license applications 

and felony waiver petitions to the Tribal Governing Board who makes the final 

determination as to approval or denial of license or felony waiver applications. 

4. To conduct background investigations of employment license applicants, 

petitioners seeking felony waivers for employment, and vendor license applicants 

seeking to do business with the Tribe in its gaming activities. 

5. To resolve disputes between players or patrons of gaming facilities located 

on trust lands of the Lac Courte Oreilles Reservation within an expedient manner 

on behalf of the Tribe. 

6. To enforce this Code upon all gaming operations and licensed gaming 

activities located within the territorial boundaries of the Lac Courte Oreilles Tribe, 

except as otherwise exempted by tribal law, ordinance or code. 
703.07 DUTIES OF COMMISSION 

The Tribal Gaming Commission shall carry out the following official duties: 

1. Convene duly called meetings not less than monthly called meetings or 

more fiequent as determined by the Commission. 

2. Implement and enforce all provisions of the Code within the scope of 

powers pertaining to background investigations, licensing, and player disputes. 

3. Establish an efficient process fir license applications and promptly 

communicate suitability determinations to tribal and federal authorities and license 

applicants. 

4. Establish a fee schedule for license applicants and vendors doing business 

with Tribally licensed gaming facilities. 

MEETINGS OF GAMLNG COMMISSION 

QUORUM 

Three of the Commissioners present at a duly called meeting of the Lac Courte 

Oreilles Tribal Gaming Commission shall constitute a quorum necessary to 

conduct Gaming Commission business. 

VOTING 

All Gaming Commission members are entitled to vote on ail issues. At the Call 

of any one member on a particular issue, voting shall take place thereon. Voting 

by proxy representation shall be prohibited. 

REGULARITY OF MEETINGS 

The Gaming Commission shall meet at least monthly, with additional meetings 

as required at the Call of the Chainnan or fiom four (4) Commission members. 

Notices for meetings shall be provided at least 24 hours before the meeting. 

PROCEEDINGS 

AU deliberations of the Gaming Commission, except in Executive session, 

shall be recorded. Minutes of all meetings shall be taken and copies distributed 

to Gaming Commission members prior to the next meeting. Minutes shall be 

provided to the Tribal Governing Board upon adoption by the Commission. 
EXECUTIVE SESSIONS 

The Gaming Commission may consider the following matter in executive (closed) 

sessions, but no action shall be taken in executive session, but rather thereafter in 

open session: 

1. Conferring with legal counsel who is rendering oral or written legal advice 

concerning strategy to be adopted by the Gaming Commission with respect to 

litigation in which it is or likely to become involved. 

2. Administrative status of background investigations for management 

license applicants, vendor license applications, and felony waiver 

petitions. 

REPORTING OF COMMISSION 

The Gaming Commission shall submit regular monthly reports of every Gaming 

Commission meeting to the Tribal Governing Board consisting of at least minutes 

of meetings, summary data of investigative activity, dispute resolution actions, 

and Gaming Commission activities. 

703.11 COMPENSATION OF COMMISSIONERS 

1. The Tribal Gaming Commission shall establish an annual operation budget 

for hnding approval by the Tribal Governing Board. Such budget shd be 

submitted on the anniversw date of the first annual Commission budget adoption. 

2. Commissioners shall be paid an amount determined by the Tribal 

Governing Board which reasonably reflects time required for services to cany out 

the powers and duties specified in this Code. 

3. Training for commission members to effectively and diligently carry out 

the powers and duties of this Code shall be provided by the Tribe, including travel, 

traininglconference registration fees, and lodging costs. 

4. Commissioners shall be prohibited from charging or receiving actual or inkind compensation, fees, or gifts from license applicants, vendors, and Tribally 

licensed gaming facility. 

703.12 RESTRICTIONS ON GAMING COMMISSION 

1. No Gaming Commission member shall be in a position involving a conflict 

of interest. 
2. No Lac Courte Oreilles Casino Employee shall be a member of the 

Gaming Commission. 

3. No immediate family members of a Casino employee shall serve on the 

Gaming Commission. Immediate family members are defined as: FatherIMother, 

HusbandlWife, SisterBrother, Cohabiting partners, and/or children. 

4. No elected official of the Tribal Governing Board shall be a Gaming 

Commissioner. 

5. Nothing in this Code authorizes the Tribal Gaming Commission to 

interfere with gaming management, operations, and employment relations or to 

overturn any decision of employee grievance boards. 

703.13 PERSONAL LIABILITY AND IMMUNITY 

1. Gaming Commission members shall not have any personal liability for 

Gaming Commission activities and obligations, except as may be imposed by law. 

2. The Gaming Commission, as a delegated body of the Tribal Governing 

Board pursuant to the Lac Courte Oreilles Constitution, Article V, Section l(m), 

is immune, as is the Tribe, fiom suit and legal process, including but not limited 

to, levy, seizure, execution, and sale. Notwithstanding any provision of this Code, 

the Lac Courte Oreilles Band of Lake Superior Chippewa Indians of Wisconsin 

does not waive any aspect of its sovereign immunity. 

Notwithstanding any other provisions of this Code, all activities, actions, powers 

exercised, requirements, restrictions, and the like of this Gaming Commission, are 

subject to the review by the Tribal Governing Board, pursuant to Article V, 

Section l(m), of the Lac Courte Oreilles Tribal Constitution. In the event any 

corrective action appears necessary by reason of, for example, debilitating 

litigation or conduct that compromises the integrity of the tribe, which threaten 

the existence or stability of the Gaming Commission and/or the Lac Courte 

Oreilles Casino or gaming activities and/or the Tribe, this right may be exercised 

by the Tribal Governing Board, and, as such is hereby reserved. This right will 

not be arbitrarily, discriminatorily, politically, vindictively, or capriciously 

exercised, but will be exercised with restraint so that the Gaming Commission 

may duly fblfill its purpose. Each member of the Gaming Commission shall be 

given notice of the Tribal Governing Board's intent to exercise this right. 
CHAPTER IV 

TRIBAL GAMES 

GENERAL 

1. The Board may, in its discretion, organize and supervise tribal operations 

of gaming activities, including: 

a. Bingo, including traditional bingo and video bingo. 

b. Pulltabs. 

c. Raffles, including special raffles, lotto, punch boards, tip jars, and instant 

bingo. 

d. Electronic games of chance with video facsimile displays. 

e. Electronic games of chance with mechanical displays. 

E Blackjack. 

g. All Class I games. 

h. All Class I1 games. 

I. Any other Class 111 games as provided in the 1991 Tribal-State Gaming 

Compact. 

j. Any additional Class I11 games, in addition to those specified above, that 

the Tribe in the opinion of the Tribal Governing Board, advised by legal 

counsel, is of the opinion that it may legally offer to the public. 

2. Any persons employed to offer, operate, supervise, or manage any tribal 

games shall be investigated in a manner consistent with the LCOIState of 

Wisconsin Compact and federal National Indian Gaming Commission regulations. 

Such investigations shall be confidential. 

3. No person shall be licensed to offer, operate, supervise, or manage tribal 

games whose prior activities, criminal record, reputation, habits and associations 

pose a threat to the public interest or to the effective regulation of gaming, or who 

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

methods and activities in the conduct of gaming. 
704.02 TRIBAL BINGO 

1. The Board periodically shall offer such advice, guidance, and review as it 

deems appropriate as to all bingo events. The Tribe, shall schedule and conduct 

such bingo events as he or she finds appropriate and in the interest of the Tribe, 

provided that no person under the age of 18 shall be allowed to play bingo or be 

allowed on the premises where bingo is played during business hours. 

2. Profits from tribal bingo operations shall be utilized for tribal purposes as 

determined by the Board. Specific bingo events may be held for the benefit or a 

particular tribal organization, a public cause of interest to the Tribe or needy tribal 

members. 

1. The Tribe may not hire, employ or enter into a contract for services 

relating to Class I11 gaming with any person or entity which employs a person 

who: 

a. Is under the age of 18, except that the Tribal Games Manager may 

not enter into a retailer or management contract with any person 

who is under the age of 18. 

b. Has, within the immediately preceding ten (10) years, been 

convicted of, or entered a plea of guilty or no contest to a felony, 

any gambling-related offense, fraud or misrepresentation or any 

violation of Wisconsin Statues, Chapters 562 or 565, unless the 

person has been pardoned or the Board has made a determination 

consistent with Wis. Stats., Chapters 562.5(5)(b)4, or Chapter 

565.10 (3) (c) 4. 

2 . The Tribe upon request shall make available the odds and prize structure of 

each Class I11 game. 

3. The Tribe shall permanently maintain the following records. All accounting 

records shall be kept on a double-entry system of accounting, maintaining detailed, 

supporting, subsidiary records. 

a. Revenues, expenses, assets, liabilities, and equity for each location 

at which any component of Class I11 gaming, including ticket sales 

is conducted. 
b. Daily cash transactions for each game at each location at which 

Class I11 gaming is conducted, including but not limited to 

transactions relating to each gaming tablebank, game drop box and 

gaming room bank. 

c. All returned checks, hold checks or other similar credit instruments. 

d. Individual and statistical game records to reflect statistical drop and 

statistical win, and the percentage of statistical win to statistical 

drop by table for each table game, and individual and statistical 

game records reflecting similar information for all other games. 

e. For video, slot or other electronic or electromechanical machine 

games, analytic reports which, by each machine, compare actual 

hold percentages to theoretical hold percentages. 

f. Contracts, correspondence and other transaction documents 

relating to all vendors and contractors. 

g. All audits prepared by or on behalf of the Tribe. 

h. Personnel information on all Class I11 gaming employees or agents, 

including rotation sheets, hours worked, employees profiles and 

background checks. 

4 . No person under the age of 18 may purchase a ticket, make a wager, or 

otherwise participate in any Class I11 game; provided that this section shall not 

prohibit a person 18 years old or older from giving a ticket or share to a person 

under the age of 18 as a gift. 

5. No person under 18 years of age may be employed in the conduct of 

gaming. 

6 . No person under the age of 18 shall be permitted on the premises where 

any component of Class I11 gaming is conducted, during business hours, unless 

accompanied by a member of the minor's immediate family; provided that his subsection shall not apply to locations at which sale of tickets is the only component 

of Class I11 gaming. 

7. No person who is employed in connection with tribal gaming, including 

vendors or contractors, shall be permitted to participate in any tribal gaming, either 

directly or indirectly by offering consideration to another person to play a game on 

their behalf 

17 
8. The Tribe shall not conduct pari-mutuel betting except in accordance with 

1991 Tribal-State Gaming Compact. 

9. No person who is visibly intoxicated shall be permitted to play any game. 

10. All gaming shall be conducted on a cash basis. Except as herein provided, 

no person shall be extended credit for gaming by any tribal gaming facility, or shall 

the Tribe permit any other person to offer such credit for a fee. This section shall 

not restrict the right of the Tribe to install or accept bank card or credit card 

transactions in the same manner as would normally be permitted at any retail 

business within the State. 

1 1. Alcohol beverages may be served at locations where games are conducted 

only during the hours prescribed in sec. 125.3 15(3), Wis. Stats. Alcohol 

beverages may not be sold for the purpose of off-premises consumption at 

locations where games are conducted. 

704.04 DISPUTE RESOLUTION 

1. In the event of a player dispute concerning the conduct of a game, the 

General Manager of the facility or his appointed representative shall confer with the 

player in an effort to resolve the dispute. 

2 . Disputes not resolved between the gaming facility and player shall be 

documented for mediation with the Tribal Gaming Commission. A quorum of the 

Commission shall resolve and settle the patron dispute within thirty (30) days of 

the notice of filing. 

3. These procedures will be made available to players and customers. 

704.05 FELONY WAIVERS 

1. The Lac Courte Oreilles Tribe retains the discretion to approve or deny a 

felony waiver for employment in gaming upon a due diligent investigation 

of rehabilitation and present fitness, accompanied by a recommendation 

from the Tribal Gaming Commission. 

2. Information required for "Background Investigations" is specified in this 

Code and the Lac Courte Oreilles Tribal Felony Waiver Policy and Procedure 

adopted and incorporated as an Exhibit to this Code. 

3. Any person requesting a Tribal Waiver must also complete a "Felony 

Waiver Petition" which is attached and incorporated as an exhibit to this Code. 

4. No person who meets the criteria in 25 U.S.C. 271 l(a)l A shall be granted 

a Felony Waiver. 

18 
4. Any person filing a Felony Waiver Petition must also complete an 

Employee License Application Form. 

5. The Tribal Gaming Enforcement Official conducting the Background 

Investigation will complete a "Background Investigation Form" as described in 

section 704.06(c) and as incorporated and attached as an exhibit to this Code. 

6. The Tribal Gaming Enforcement Official will also contact a sufficient 

number of the persons listed on the Felony Waiver Petition and others including, 

but not limited to: current and past Probation/Parole Officers, counselors, psychotherapists, neighbors and others. 

704.06 LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

OFFICIALS 

- The Tribe shall ensure that the policies and procedures set out in this section are 

implemented with respect to key employees and primary management officials 

employed at any class I1 gaming enterprise operated on Indian lands: 

A. DEFINITIONS 

For the purposes of this section, the following definitions apply: 

1. KEY EMPLOYEE MEANS 

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

(1) Bingo caller; 

(2) Counting room supervisor 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gambling devices including persons with 

access to cash and accounting records within such devices; 

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

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

(C) If not other wise included, the four most highly compensated 

persons in the gaming operation. 

2. PRIMARY MANAGEMENT OFFICIAL MEANS 

(A) A person having responsibility for a management contract 

19 
(B) Any person who has authority: 

(1) To hire and fire employees; or 

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

(C) The chief financial officer or other person who has financial 

management responsibility. 

APPLICATION FORMS 

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

key employee or a primary management official before that form 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 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 agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by a tribe 

or the National Indian Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a gaming 

operation. Failure to consent to the disclosures indicated in this notice will 

result in a tribe's 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. Existing key employees and primary management officials shall be 

notified in writing that they shall either: 

(a) Complete a new application form that contains a Privacy 

Act notice; or 
(b) Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

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

employee or primary official before that form is filled out by an applicant. 

"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 100 1 .)" 

4 The Tribe shall notify in writing existing key employees and primary 

management officials that they shall either: 

(a) Complete a new application form that contains a notice 

regarding false statements; or 

(b) Sign a statement that contains the notice regarding false 

statements. 

BACKGROUND INVESTIGATIONS 

The Tribe will conduct Background Investigations of "Key Employees and 

Primary Management Officials" as well as Felony Waiver Petitioners. 

1. The Tribe shall request fiom each primary management official, key 

employee and petitioner for felony waiver (see 704.05) all of the 

following information: 

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

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

gender, all languages (spoken or written); 

(b) Currently and for the previous 5 years: Business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers 

license numbers; 

(c) The names and current addresses of at least three personal 

references, including one personal reference who was 

acquainted with the applicant during each period of 

residence listed under paragraph (1) (b) of this section; 

(d) Current business and residence telephone numbers; 

2 1 
A description of any existing and previous business 

relationships with Indian Tribes, including ownership 

interests in those businesses; 

A description of any existing and previous business 

relationships with gaming industry generally, including 

ownership interests in those businesses; 

The name and address of any licensing or regulatory agency 

with which the person has filed an application for a license 

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

permit was granted; 

For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and address of the 

court involved, and the date and disposition if any; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within 10 

years of the date of the application, the name and address of 

the court involved and the date and disposition; 

For each criminal charge (excluding minor trac charges), 

whether or not there is conviction, if such criminal charge is 

within 10 years of the date of application and is not 

otherwise listed pursuant to paragraph (I) (h) or (1) (i) of 

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

the court involved and the date and disposition. 

The name and address of any licensing or regulatory agency 

with which the person has filed an application for an 

occupational license or permit, whether or not such license 

or permit was granted; 

A current photograph; 

Any other information the Tribe deems relevant; and 

Fingerprints consistent with procedures adopted by the 

Tribe according to 25 C.F.R. Section 522.2(h). 
2 . The Tribe shall conduct an investigation sufficient to make a 

determination under subsection D. below. In conducting a background 

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

identity of each person interviewed in the course of the investigation. 

3. The Tribe will follow the procedures outlined in the Background 

Investigations Policy and Procedures as attached to and incorporated in 

this Code in conducting investigations. 

(D) ELIGIBILITY DETERMINATION 

The Tribe shall review a person's prior activities, criminal record, if any, 

and reputation, habits and associations to make a finding concerning the 

eligibility of a key employee or primary management official for 

employment in a gaming operation. If the Tribe determines that 

employment of the person poses a threat to the public interest or to the 

effective regulation of gaming, or creates or enhances dangers of 

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

conduct of gaming, a tribal gaming operation shall not employ that person 

in a key employee or primary management official position. 

(E) PROCEDURES FOR FORWARDING APPLICATIONS AND 

REPORTS FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

OFFICIALS TO THE NATIONAL INDIAN GAMING COMMISSION 

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

at a gaming operation authorized by this ordinance, the Tribe shall forward 

to the National Indian Gaming Commission a completed application for 

employment and conduct the background investigation and make the 

determination referred to in subsection D of this section. 

2. The Tribe shall forward the report referred to in subsection F of this 

section to the National Indian Gaming Commission within 60 days after an 

employee begins work or within 60 days of the approval of this ordinance 

by the Chairman of the National Indian Gaming Commission. 

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

primary management official a person who does not have a license after 90 

days. 

F REPORT TO THE NATIONAL INDIAN GAMING COMMISSION 

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

the Tribe shall prepare and forward to the National Indian Gaming 

Commission an investigative report on each background investigation. An 

investigative report shall include all of the following: 
a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The basis for those conclusions. 

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

determination made under subsection D of this section. 

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

a . Shall notifjl the National Indian Gaming Commission; and 

b . May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

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

the Tribe shall retain applications for employment and reports (if any) of 

background investigations for inspection by the Chairman of the National 

Indian Gaming Commission or his or her designee for no less than three (3) 

years fiom the date of termination of employment. 

G. GRANTING A GAMING LICENSE 

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

Commission receives a report, the National Indian Gaming Commission 

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

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

management official for whom the tribe has provided an application and 

investigative report to the National Indian Gaming Commission, the Tribe 

may issue a license to such applicant. 

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

the Chairman of the National Indian Gaming Commission concerning a key 

employee or a primary management official who is the subject of a report. 

Such a request shall suspend the 30-day period under paragraph G. 1 or 

this section until the Chairman of the National Indian Gaming Commission 

receives the additional information. 
the 

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

Indian Gaming Commission provides the Tribe with a statement itemizing 

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

management official for whom the Tribe has provided an application and 

investigative report to the National Indian Gaming Commission, the Tribe 

shall reconsider the application, taking into account the objections itemized 

by the National Indian Gaming Commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

H. LICENSE SUSPENSION 

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

National Indian Gaming Commission reliable information indicating that a 

key employee or a primary management official is not eligible for 

employment under subsection D. above, the Tribe shall suspend such 

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

proposed revocation. 

2. The Tribe shall noti@ the licensee of a time and a place for a 

hearing on the proposed revocation of a license. 

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

reinstate a gaming license. The Tribe shall notifjl the National Indian 

Gaming Commission of its decision. 
CHAPTER V 

LICENSING FOR NON-TRIBAL GAMES 

705.01 PROHIBITION AGAINST NON-TRIBAL GAMES 

The conduct of any non-licensed gaming shall be prohibited within the exterior 

boundaries of the Lac Courte Oreilles Reservation except: 

1. Games presented by the Tribe itself and/or any instrument of tribal 

government including tribally controlled non-profit corporations. 

2 . Single events involving no more than eight (8) persons wherein there is no 

sponsor or odds favoring only one particular player and individual winnings do not 

exceed fifty dollars ($50.00.). 

705. 02 TRIBALLY LICENSED GAMES - GENERALLY 

I. The Tribal Governing Board may, in its discretion, license on a 

nonexclusive basis and supervise the conduct of specified gaming operations 

within boundaries of the Lac Courte Oreilles Reservation. 

2 . A separate license shall be required for each place, facility or location on 

Lac Courte Oreilles Lands at which any Class I1 games are conducted. 

3. Activities which the Tribal governing Board may license include: 

a. Bingo, if three hundred (300) seats or less and a maximum prize 

pay-out of Three Thousand Dollars ($3,000.00) per session; and 

b. Pull tabs as permitted by law. 

4. The Gaming Commission shall establish appropriate license fees, for 

approval by the Tribal Governing Board, and facilitate assessments as provided 

herein which those granted licenses shall be responsible for paying. 

5. The Board shall appoint and supervise the Tribal Gaming Commission to 

oversee such gaming operations as may be licensed under the authority of the 

Tribe and to authorize the licensing procedures and the collection of all license 

fees and assessments. 
LICENSE APPLICATIONS 

1 . An organization eligible for a gaming license must: 

a. Be a nonprofit corporation upon or engaged in activities within the 

Lac Courte Oreilles Reservation as a group (including partnerships 

and corporations) to operate the license in which at least 8 1% of 

the individuals in the group are members of the Tribe and at least 

5 1% of the financial interest of the group is held by members of the 

Tribe. 

b. Have at least seven (7) members in good standing. 

c. Operate without profit to its members, and no part of the net 

earnings of such organization shall inure to the benefit of any 

private shareholder or individual. 

d. Have been in existence for one (1) year immediately preceding its 

application for a license, and shall have had during that one (1) 

year period a bona fide membership actively engaged in hrthering a 

lawfbl purpose. 

e . Have received and used and shall continue to receive and use, for 

lawfUl purposes, knds derived from sources other than from the 

conduct of Class 11 games. 

2. Each applicant for a gaming license shall file with the Tribal Gaming 

Commission an application on a form prescribed by the Tribe. The application 

shall include: 

a. The names and address of the applicant. 

b. Sufficient facts relating to the incorporation or organization of the 

applicant to prove the applicant is eligible for a license under this 

Code. 

c . The name and address of each officer of the applicant, if an 

organization. 
d. The place and date of each gaming occasion proposed to be 

conducted during the effective period of the license. 

e . The name and address of the owner of the premises in which 

gaming will be conducted and the approximate capacity of the 

premises. 

f . The name, date of birth, and address of each supervising 

member for each gaming occasion who shall be of good moral 

character and one or more of whom shall be present and in 

immediate charge of an responsible for the conduct of games at 

each occasion. 

g. The name of any licensed organization or individual co-sponsoring 

any gaming occasion. 

h. The specific purposes to which the profits fiom the conduct of 

games are to be devoted. 

1. Other information which the Tribal Governing Board deems 

necessary to administer this Code. 

ADDITIONAL APPLICATION DOCUMENTS 

An application for license to conduct gaming shall be accompanied by: 

1 . A sworn statement of each designated supervising member that he or she 

will be responsible for compliance with this Code and rules promulgated under it 

for each gaming occasion which he or she supervises. 

2. A specification of the period of time for which a license is sought or the 

specific events for which a license is requested. 

3 . A license fee as may be required by the Tribal Governing Board which shall 

be returned should the license not be granted. 

4. Such bond as may be required by the Tribal Governing Board. 
705.05 LNVESTIGATION 

Upon receipt of an application for a license to conduct gaming activities, the 

Gaming Commission shall cause to conduct a background investigation on the 

primary management officials and key employees of the applicant and determine 

whether the interests of the Tribe will be met through the issuance of such license 

and shall make recommendations to the Tribal Governing Board, which shall take 

final action. The Gaming Enforcement Officer shall noti@ the Commission of the 

results of any background investigation. 

705.06 SELECTION OF LICENSEES 

1. The Tribal Governing Board shall not issue a gaming license unless: 

a. It is satisfied with the moral character, financial responsibility and 

quality of operations of the proposed licensee. 

b. The proposed gaming operation will complement rather than 

adversely affect games offered by the Tribe. 

c . The issuance of the license shall be in the best interest of the Tribe. 

d. The applicant is not deficient in the payment of post gaming 

assessments. 

e. The construction and maintenance of the gaming facility, and the 

operation of that gaming is conducted in a manner which 

adequately protects the environment and the public health and 

safety. 

f. There is no manager or employee of the applicant whose prior 

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

threat to the public interest or to the effective regulation of gaming, 

or who creates or enhances the dangers of unsuitable, unfair or 

illegal practices and methods and activities in the conduct of 

gaming. 
REOUIREMENTS OF LICENSEES 

In applying for and accepting a gaming license, the applicant/licensee agrees: 

1. To abide by the rules and regulations of the Tribe and with all other 

applicable legal authority as to all aspects associated with the conduct of licensed 

games, including any rules, regulations or assessments under the Act. 

2 . To pay all applicable license fees and assessments. 

3. To make all books and records of gaming operations upon the Lac Courte 

Oreilles Reservation available for inspection by the Tribal Governing Board or its 

appointed agents during all hours of operation and all normal business hours. 

4 . To provide preferential hiring to qualified members of the Tribe as to all 

positions open for employment. 

5. To promptly pay to all winners such prizes as they might respectively be 

entitled to. 

6. To provide annual outside audits of the gaming and all contracts for 

supplies, services of concessions in excess of $25,000.00 per year, to the 

Commission. 

7. To conspicuously post any gaming license granted. 

8. To accept the Lac Courte Oreilles Tribe as the sole dispute resolution 

forum disputes associated with games operations. 

9 . To hold the Tribe, the Tribal Governing Board and tribal officers harmless 

as to all claims associated with the conduct of the licensed gaming operations and 

to indernnifjl each as to all expenses including legal fees utilized to defend against 

such claims. 

REPORTS AND FINANCES OF LICENSEES 

1. Within three (3) days after the conclusion of each gaming occasion, each 

licensee shall execute and file a report of operations on a form prescribed by the 

Tribal Governing Board. The licensee shall retain a copy of the report for its 

permanent record. The report shall include: 
a. The name and address of each supervising member and each 

member responsible for the proper utilization of gross receipts. 

b. The date, hour and address of the gaming occasion. 

c. The number of games played. 

d. An itemized statement of the gross receipts from the gaming 

occasion, including gross receipts fiom sales of regular bingo cards, 

extra regular cards, special game cards and sale of supplies. 

e. An itemized statement of expenditures, including amounts paid for 

prizes, supplies and equipment, license fees and other expenses. 

f . The name of the depository and the title and number of the account. 

g. The report shall be signed by an individual responsible for the 

proper utilization of gross receipts for the gaming occasion 

705. 09 RECORDS IMPROPERLY FILED 

1. If a licensee fails to file a financial statement of gaming operations within 

five (5) days after notification by the Gaming Commission of the delinquency, the 

Gaming Commission may suspend the license pending the filing of the financial 

statement. 

2. If the financial statement filed by a licensee is not hlly, accurately and 

truthfidly completed, the Commission may suspend a license until such time as a 

statement in proper form has been filed. 

705. 10 GAMING ACCOUNT 

Each licensee shall maintain one (1) account which shall be designated as the 

"Gaming Account." All gross receipts derived fiom the conduct of gaming 

operations shall be deposited into the gaming account. No other receipts shall be 

deposited into the gaming account. 
BOOKKEEPING AND ACCOUNTING 

1 . Each licensee shall maintain a double-entry bookkeeping system for the 

purpose of recording all receipts and expenditures in connection with the conduct 

of gaming operations and the disbursement of profits derived therefrom. Such 

bookkeeping system shall consist of a columnar book maintained on a calendar of 

fiscal year basis. 

2 . The columnar book, deposit books, savings account pass books, canceled 

checks, checkbooks, deposit slips, and bank statements of gaming operations and 

all other books and accounts shall be available at reasonable times for examination 

by the Tribe or its authorized representative. All documents supporting the entries 

made in the books of accounts shall be kept by the licensee for a period of not less 

than four (4) years. Such documents shall include, but are not limited to, bank 

statements, canceled checks, deposit slips and invoices for all expenditures. 

705. 12 SUSPENSION AND REVOCATION OF LICENSES 

1. A violation of any applicable ordinance, law or code of the Tribe or rules 

promulgated thereunder shall constitute grounds for suspension or revocation of a 

gaming license. 

2 . Procedures for suspending or revoking a gaming license shall be as follows: 

a. Proceeding to suspend a license to conduct games shall be initiated 

by the Tribal Gaming Commission of the Board. The notice shall 

state the alleged violations which constitute the grounds for the 

proceedings. The Tribal Gaming Commission for the Board may 

temporarily suspend such license for a period of 40 days while any 

such proceedings are pending, and shall notifjl the licensee of the 

date of the temporary suspension. 

b . The Tribal Gaming Commission shall hold a hearing on a proposed 

suspension or proposed revocation as soon as practicable should 

such be requested by the licensee. The Tribal Gaming Commission 

shall issue, in writing, its findings and decision on suspension or 

revocation within 20 days after the hearing. A copy of the findings 

and decision shall be sent immediately to the licensee. If the Tribal 

Gaming Commission suspends or revokes the license, the licensee 

shall be informed of the effective date of such suspension or 

revocation. Within twenty (20) days of the Tribal Gaming 

Commission's written decision, an appeal may be filed with the 

Tribal Governing Board and such decision shall be final. 
c. When a license suspension or revocation is upheld by the Tribal 

Governing Board, the licensee shall immediately surrender the 

license to the Board. A licensee whose license has been revoked 

may reapply for a license one (I) year after the effective date of the 

revocation. If a license has been suspended, the Tribal Gaming 

Commission shall reinstate the licensee at the end of the period of 

suspension. 

705.13 MONITORING 

The Tribal Gaming Commission and the Tribal Gaming Enforcement Officer are 

hereby designated and empowered to monitor the gaming activities of any 

licensee, to investigate the backgrounds of management officials and key 

employees, to inveqigate the backgrounds of vendor license applicants and felony 

waiver petitioners, to enforce the provisions of this Code, and to report criminal 

violations of state, federal or tribal laws to the Tribal Gaming Commission. 
CHAPTER VI 

GAMLNG ASSESSMENT 

GAMLNG ACTlVITLES ASSESSED 

1. There shall be an assessment upon all gaming activities within the exterior 

boundaries of the Lac Courte Oreilles Reservation except as hereafter specified. 

Said assessment shall equal ten percent (10%) of the total moneys included within 

prize as to all prizes in excess of twenty dollars ($20.00) and ten percent (10%) of 

the total value of all non-cash prizes when such value exceeds twenty dollars 

($20.00). The gaming assessment shall be paid by the party presenting any form of 

regulated gaming. 

2 . Assessments shall be payable within 72 hours of a gaming occasion. 

Assessments shall be paid to the Gaming Commission or to such other agent as 

shall be identified by the Tribal Governing Board. 

3 . Assessments that are not timely paid shall, after 72 hours, be increased to 

incorporate a penalty of five percent (5%) and thereafter be increased an 

additional five percent (5%) per week to a maximum of twenty-five percent 

(25%). 

4. The following are exempt from assessment: 

a. Games presented by the Tribe itself andlor any instrument of tribal 

government, including Tribally controlled non-profit corporations. 

b. Single events wherein proceeds are directed to a previously 

announced charitable purpose and wherein a waiver of assessments 

is applied for in advance of the event and is granted by the Board. 

c. Single events involving no more than eight (8) persons wherein 

there is no sponsor nor odds favoring only one particular player and 

individual winnings do not exceed fifty dollars ($50.00). 
CHAPTER VI1 

BINGO 

707.01 SALE OF BINGO, CARDS 

I . Bingo cards shall be sold or rented without disclosing the face of the card 

to either the purchaser or seller. Bingo cards shall be printed only on one side. 

2. An accurate, separate count of the number of regular bingo cards, extra 

regular bingo cards, special bingo cards and video bingo games, which are sold, 

rented or used. Such information shall be available for inspection at the close of 

the bingo occasion. 

3 . Regular bingo cards, extra regular cards and special bingo cards and video 

bingo cards shall each be assigned a specific price, and the price shall remain the 

same during a bingo occasion. At any time during a bingo occasion, a card may be 

changed between games at no additional cost. Cards shall be sold or rented only 

on the premises at which bingo is being conducted. A price list shall be posted 

where the regular bingo cards are distributed, setting for the price of each type of 

card. Only the posted price may be charged. The regular bingo cards and the 

extra regular cards shall be readily distinguishable From each other. 

707 .02 METHOD OF PLAY 

1. The method of play in any bingo game and the utilization of bingo 

equipment and supplies shall be such that each player is afforded an equal 

opportunity to win. 

2. The object to be drawn shall be essentially the same in all characteristics, so 

that at all times during the conduct of bingo, each object possesses the capacity for 

equal agitation with any other object within the receptacle. 

3 . The announcement of all numbers drawn shall be clearly audible to the 

players present. 

4. When more than one room is used for any one bingo game, the receptacle 

and the caller and any assistant shall be in the room where the greater number of 

players are present; and all numbers shall be announced in a manner clearly audible 

to the players in each room. 

5 . Once removed, no object shall be returned to the receptacle until after the 

conclusion of the game. 
6. The particular arrangement of numbers required to be covered in order to 

win and the amount of the prize for each game shall be clearly described and 

audibly announced to the players immediately before each game. The amount of 

the prize for each bingo game also shall be posted where the regular bingo cards 

are distributed. 

707. 03 VERIFICATION OF WINNERS 

1. The numbers on the winning card at the time a winner is determined shall 

be verified in the immediate presence of at least one disinterested player. 

2. At the time a winner is determined, any player may call for verification of 

all numbers and of the objects remaining in the receptacle and not yet drawn. This 

verification shall be made in the immediate presence of the supervising members 

and at least one disinterested player. 

AWARD OF PRIZES 

1. Each Bingo winner shall be determined and every prize awarded after each 

game. 

2. When more than one winner is found to be a winner on the call of the same 

number in the same bingo game, a cash prize shall be divided equally, to the 

nearest nickel, among the winners, except that any licensed organization may elect 

to set a minimum prize of not exceeding $5.00 for each winner. When equal 

division of a merchandise prize is not possible, identical substitute prizes whose 

aggregate retail value is approximately equal to that of the designated prize may be 

awarded or a cash prize equal to the retail value may be divided to the nearest 

nickel. 

707.05 PERSONNEL 

1. No person who is conducting or assisting in the conduct of bingo on a 

bingo occasion shall participate as a player in any game within said bingo occasion 

but shall be permitted to play on other occasions at normal rates. 

2. All persons conducting or assisting in the conduct of bingo shall conform 

to such policies and procedures as may be adopted by the Tribal Governing Board. 

707.06 OPERATION AS PART OF NETWORK 

Bingo may be conducted as part of a network consisting of other sites and 

operators and common prizes only upon approval of the Tribal Governing Board. 
CHAPTER VIII 

SEVERABILITY AND NON-LIABILITY 

708.01 SEVERABLLITY 

If any section, provision or portion of this Code is adjudged unconstitutional or 

invalid by a court of competent jurisdiction, the remainder of this Code shall not 

be affected thereby. 

708.02 NON-LIABILITY 

The Lac Courte Oreilles Band of Lake Superior Chippewa Indians asserts 

immunity on its part and that of its agencies, employees, andlor agents from any 

action or damages that may occur as a result of reliance upon and conformance 

with this Code. 

CHAPTER IX 

AMENDMENTS 

709.01 This Code may be amended solely by the Tribal Governing Board by a majority 

vote of the entire existing Tribal Governing Board at any special or regular 

meeting of the Tribal Governing Board provided, however, that consideration 

of the proposed amendment(s) shall be provided to the Tribal Gaming Commission 

at least seventy-two (72) hours prior to said meeting of the Tribal Governing 

Board.