September 12,2007 

Ms. Kathryn Tierney 

Tribal Attorney 

Bay Mills Indian Community 

12 140 W. Lakeshore Dr. 

Brimley MI 49715 

Re: Amended gaming ordinance, Resolution No. 07-6-1 1A 

Dear Ms. Tierney: 

This is in response to your June 25, 2007 submission seeking review and approval of the 

amendments to the tribe's gaming ordinance enacted pursuant to Resolution No. 07-6- 

11A. The amended ordinance is consistent with the requirements of the Indian Gaming 

Regulatory Act (IGRA) and this agency's regulations, and it is therefore approved. 

/'--I 

on. If you have any questions or require assistance, please 

iate General Counsel, General Law, at 202-632-7003. 

Chairman 

Philip N. Hogen 

NATIONAL HEADQUARTERS 1447 L St NW, Suite 9100. Washington, DC 20005 Tel: 202.632.7003 Fax. 202.632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland. OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK 
Bay Mills Indian Community 

121 40 West Lakeshore Drive 

Brimley, Michigan 4971 5 

(906) 248-3241 Fax-(906) 248-3283 

RESOLUTION 

Resolution No. 07-6-1 1 -A 

Amendment to Gaming Ordinance 

WHEREAS: The Bay Mills Indian Community is a federally 

recognized Indian tribe with a Constitution 

enacted pursuant to the Indian Reorganization 

Act of 1934, 25 U.S.C. sec. 461, et seq., and 

WHEREAS: The Tribe regulates gaming on its Reservation 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WHEREAS: Technological changes in the manner in which 

gaming is conducted and monitored requires 

revisions to the Gaming Ordinance, and 

WHEREAS: The licensing of key employees by location must 

take into account the manner in which job 

functions are conducted at the two 

on-Reservation gaming facilities. 

NOW, THEREFORE BE IT RESOLVED, that the Executive Council 

of the Bay Mills Indian Community hereby amends 

the Gaming Ordinance by revising Section 2.23 to 

add a new definition, and further revising 

Section 6.4, with additions underlined and 

deletions struck out: 

2.23 I1Gaminq machine" or "slot machine" means anv device 

which, uwon insertion of cash, tokens or cash 

eauivalent, allows a player to wlav sames of chance, 

some of which mav be affected by skill, that mav 

deliver or entitle the person plavins or operatinq 

the machine to receive cash, tokens, cash 

equivalents, merchandise or any other thins of 

value, whether the pavoff is made automaticallv from 

the machine or in any other manner. 

6.4 Scope of License. 

(A) Any employee gaming licenses issued pursuant to 

this section shall be effective for only the 

location, job and employer contained in the 

application. 
-- ---. --- 

Resolution No. 07-6-1 I -A 

(B) Any licensed employee shall apply to have his 

license transferred to a new location by requesting 

that the transfer be in writing to the Tribal 

Commission in a manner which details the new job and 

location and the operator for whom s/he proposes to 

work. 

(C) The Tribal Commission may waive the requirements 

contained in subsections 6.4(A) and 6.4(B) for those 

employees of a licensed operator when the Commission 

determines: 

(1) The position for which the employee is 

licensed requires carryins out employment 

res~onsibilities in more than one location on a 

resular basis; and 

(2) Providinq authorization to carry out 

employment res~onsibilities in more than one 

location does not conflict with the Commission's 

minimum internal control stadmds and does not 

compromise the intesritv ofkhe )licensed qaminq 

operations. 

Executive 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills 

Indian Community Executive Council, do hereby certify that 

the above resolution was adopted and approved at a meeting 

of the Bay Mills Indian Council held 

at Bay Mills, Michigan, June, 2007, 

with a vote of 2 for, and - 1 

abstaining. As per 

Constitution, the Tribal Preside 

Bay Mills I ownu unit^ * 

Executive C 
2.19 "Games of chancel1 mean any game or activity which 

falls within the broad definition of gaming or gaming 

activity. 

2.20 IfGaminqn or llgaminq activityf1 means any activity, 

operation or game of chance in which any valuable 

consideration may be wagered upon the outcome determined 

by chance, skill, speed, strength or endurance, and in 

which any valuable prize is awarded to the player so 

wagering. 

2 .2 1 IfGaminq apparatus or Ifgaminq ecrui~rnent~~ means any 

device, machine, paraphernalia, or equipment that is used 

or usable in the playing phases of any gaming activity, 

whether or not specifically designed for the purpose, but 

excluding tables and chairs normally used in the occupancy 

of any gaming establishment. 

2.22 "Gamins establishmentll means any location or 

structure, stationary or movable, wherein gaming is 

permitted, promoted, performed, conducted, or operated 

and the operator of which establishment contributes the 

net proceeds derived from the gaming activity toward 

eligible organizational uses as defined. Gaming 

establishment does not include the site of a fair, 

carnival, exposition, or similar occasion. 

2 "23 I1Gaminq machinet1 or "slot machinelf means any device 

which, upon insertion of cash, tokens or cash equivalent, 

allows a player to play games of chance, some of which may 

be affected by skill, that may deliver or entitle the 

person playing or operating the machine to receive cash, 

tokens cash equivalents, merchandise or any other thing of 

value, whether the payoff is made automatically from the 

machine or in any other manner. 

2.24 I1Gaminq ProqramI1 means any Tribal Program which 

oversees one or more parts of the operation of all tribal 

gaming activity. The Gaming Program must work closely with 

the Tribal Commission or be licensed by it. 

2.25 I1Gross proceeds" means all money collected or 

received from lawful gaming activity. 

2.26 I1Gross proceeds tax1' means a tax imposed and 

collected by the Tribe on all monies received by any 

gaming establishment in return for the opportunity to play 

a game of chance. 

2.27 "Indian Gamins Requlaton Act" or "IGRAf1 means 

Public Law 100-497,102 Stat. 2426, 25 U.S.C. sec. 2701, et 

seq. , as amended. 

7bJTn\l \,I\''. ' ' 

,,.,\: )jy g.fj~h1 ;!'; !\ -'-" -. >,,I 4.2 

Revised 6-11-07 
2.28 "Immediate familyff means, with respect to the person 

under consideration, a husband or wife, and any other 

individual who resides in the household of the person 

under consideration. 

2.29 "In privity with" means a relationship involving one 

who acts jointly with another or as an accessory before 

the fact to an act committed by the other or as a coconspirator with the other. 

2.30 means the United States Internal Revenue 

Service. 

2.31 "Key em~loyee~ 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 gaming devices including. persons 

with access to cash and accounting records within 

such devices. 

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

total cash compensation is in excess of $50,000 per 

year; or, 

(C) If not otherwise included, the four most highly 

compensated persons in the gaming operation; or 

(D) any employee whom the Tribal Commission may by 

written notice classify as a key employee. 

2.32 "License" means the official, legal, and revocable 

permission granted by the Tribal Commission to an 

applicant to conduct "licensedu gaming activity on the 

lands of the Tribe. 

Revieed 6-11-07 
2.33 "Manasern means an entity who has a management 

contract pursuant to Section 9.4 to operate a tribal 

gaming enterprise. 

2.34 "National Indian Gamins Commission" means the 

National Indian Gamins Commission established by the 

Indian Gaming ~egulatory Act. 

2.35 "Net proceeds" or "net revenuesu means gross gaming 

revenues of a gaming operation less amounts paid out as, 

or paid for, prizes, and total gaming-related operating 

expenses, excluding management fees. 

2.36 MOperatorn means a person which has obtained a gaming 

license under this Ordinance or which is otherwise 

permitted by this Ordinance to perform, promote, conduct, 

or operate any lawful gaming activity on tribal lands at a 

gaming establishment. 

2.37 "Ordinanceu means the Gaming Ordinance of the Bay 

Mills Indian Community, as it may from time to time be 

amended. 

2.38 "Participate" or "Participationn or "Participatinq" 

in any gaming activity means operating, directing, 

financing or in any way assisting in the establishment of 

or operation of any class of gaming or any site at which 

such gaming is being conducted, directly or indirectly, 

whether at the site in person or off the Reservation. 

2.39 "PersonM means any individual, partnership, joint 

venture, corporation, -J olnt stock company, company, firm, 

association, trust, estate, club, business trust, 

municipal corporation, society, receiver, assignee, 

trustee in bankruptcy, political entity, and any owner, 

di-rector, officer or employee of any such entity, or any 

group of individuals acting as a unit, whether mutual, 

cooperative, fraternal, nonprofit, or otherwise, the 

government of the Tribe, any governmental entity of the 

Tribe, or any of the above listed forms of business 

entities that are wholly owned or operated by the Tribe; 

provided, however, that the term does not include the 

federal government and any agency thereof. The 

plural of "person1I is "peopleu. 

2.40 llPla~er" means a person participating in a game with 

the hope of winning money or other benefit, but does not 

include an operator, or any assistant of an operator. 

2.41 "Primary Manaqement Officialu means 

(A) The person having management responsibility for a 

management contract; 

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Revised 6-11-07 
(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. 

2.42 uProqressive qaminqu means any game in which a cash 

prize which, not being won by any player during any game, 

is retained and further monetarily enhanced by the 

operator or eligible organization, and offered as a prize 

to players in the next game. 

2.43 llPull-tabs, punchboards and tip jarst1 means a form of 

gaming in which preprinted cards utilizing symbols or 

numbers in random order which are uncovered by random 

choice in expectation of cash prizes if prescribed 

combinations of symbols and numbers are revealed. 

2.44 "Raf f leu means a f orm of gaming in which each player 

buys a ticket for a chance to win a prize with the winner 

determined by a random method. llRaffleu does not include a 

slot machine. 

2.45 llReservationrr means all lands within the original 

confines of the Bay Mills Reservation, and other lands 

added thereto by Executive Order, federal statute or other 

legal action. 

2.46 I1Statev means the State of Michigan. 

2.47 "Takeoutu means that portion of a wager which is 

deducted from or not included in the pari-mutual pool, and 

which is distributed to people other than those placing 

wagers. 

2.48 "Tele-bet" means any system of telephone account 

wa.gering on a gaming event. 

2.49 I1Tele-binqou means a form of lawful gaming in which 

the game defined as "bingoM is conducted on tribal lands, 

but through a system combining the use of computers and 

ca.ble television or telephone lines, and does not require 

th.e presence of the players at the site from where the 

telecast is originating. The presence of players is 

required, however, at the site on the reservation where 

th.e tele-bingo game is being offered. 

2.50 "Tribal commission^ means the Gaming Commission 

described in Section 4 of this Ordinance. 

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Revised 6-11-07 
2.51 I1Tribal Courtu means the Tribal Court of the Bay 

Mills Indian Community. 

2.52 "TribeM means the Bay Mills Indian Community 

2.53 "Twenty-one1', also known as ~blackiack, I' is the card 

game played by a maximum of seven players and one dealer 

wherein each player plays his hand against the dealer's 

hand, and the object of which is for a player to obtain a 

higher total card count than the dealer by reaching 21 or 

as close to 21 as possible without exceeding that count. 

The cards have the following value: 

(A) Aces count either one or 11, at the player's 

option. 

(B) Kings, queens, and jacks each have a count of ten. 

(C) All other cards are counted at their face value 

2.54 I1Waqeru means the initial bet made in any game. 

2.55 "Waserinq Officeu means any location within tribal 

lands at which wagers are placed or accepted by an 

operator. 

Section 3. General Provisions. 

3.1 Authority and Sovereiqn Powers and Responsibilities. 

This ordinance is enacted pursuant to the inherent 

sovereign powers of the Tribe. The power to 

enact these ordinances is expressly delegated to the 

Tribal Council in Article VI of the Tribal Constitution. 

3.2 Title, Repeal of Prior Laws, and Effect of Re~eal. 

This Ordinance may be cited as the Bay Mills Gaming 

Ordinance. 

All titles, chapters, and sections of the Tribal Code of 

the Bay Mills Indian Community which pertain to gaming, 

and are in effect as of the date that this Ordinance 

becomes operative, are hereby repealed, and all other 

laws, or parts thereof, inconsistent with the provisions 

of this Ordinance are hereby repealed. 

Repeal of this Ordinance or any portion thereof shall not 

have the effect of reviving any prior Law, Ordinance, or 

Resolution theretofore repealed or suspended. 

3.3 Classes of Gaminq. This Ordinance shall divide 

gaming into the following three Classes: Class I, Class I1 

and - Class 111. 

- 10 - 

Revised 6-11-07 
3.4 Construction. In construing the provisions of this 

Ordinance, unless the context otherwise requires, the 

following shall apply: 

(A) This Ordinance shall be liberally construed to 

effect its purpose and to promote substantial justice. 

(B) Words in the present tense include the future and 

past tenses. 

(C) Words in the singular number include the plural, 

and words in the plural number include the singular. 

(D) Words of the masculine gender or neuter include 

masculine and feminine genders and the neuter. 

3.5 Savinqs Clause. If any section of this Ordinance is 

invalidated by a court of competent jurisdiction, the 

remaining sections shall not be affected thereby. 

Section 4. Tribal Gaming Commission. 

4.1 Establishment. The Council hereby charters, creates 

and establishes the Gaming Commission as a governmental 

subdivision of the Tribe. The Commission shall be 

referred to throughout this Ordinance as the Tribal 

Commission. 

4.2 Location and Place of Business. The Tribal 

Commission shall be a resident of and maintain its 

headquarters, principal place of business and office on 

the Bay Mills Reservation, Michigan. The Tribal Commission 

may, however, establish other places of business in such 

other locations as the Tribal Commission may from time to 

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

4.3 Duration. The Tribal Commission shall have perpetual 

existence and succession in its own name, unless dissolved 

by the Tribal Council pursuant to Tribal law. 

4.4 Attributes. As a governmental subdivision of the 

Tribe, the Tribal Commission has been delegated the right 

to exercise one or more of the substantial governmental 

functions of the Tribe. In creating the Tribal Commission, 

it. is the purpose and intent of the Tribal Council that 

the operations of the Tribal Commission be conducted on 

behalf of the Tribe for the sole benefit and interests 

of the Tribe, its members and the residents of the 

Reservation. In carrying out its purposes under this 

Ordinance, the Tribal Commission shall function as an arm 

of the Tribe. Notwithstanding any authority delegated to 

th.e Tribal Commission under this Ordinance, the Tribe 

reserves to itself the right to bring suit against any 

-11- 

Revised 6-11-07 
person or entity in its own right, on behalf of the Tribe 

or on behalf of the Tribal Commission, whenever the Tribe 

deems it necessary to protect the sovereignty, rights and 

interests of the Tribe or the Tribal Commission. 

4.5 Recoqnition as a Political Subdivision of the Tribe. 

The Tribe, on behalf of the Tribal Commission, shall take 

all necessary steps to acquire recognition of the Tribal 

Commission as a political subdivision of the Tribe, 

recognized by all branches of the United States Government 

as having been delegated the right to exercise one or more 

substantial governmental functions of the Tribe. 

4.6 Sovereisn Immunity of the Tribal Commission. The 

Tribal Commission is clothed by federal and tribal law 

with all the privileges and immunities of the Tribe, 

except as specifically limited by this Ordinance, 

including sovereign immunity from suit in any state, 

federal or tribal court. Nothing in this Ordinance shall 

be deemed or construed to be a waiver of sovereign 

immunity of the Tribal Commission from suit, which shall 

only be waived pursuant to subsection 4.7. Nothing in this 

Ordinance shall be deemed or construed to be a consent of 

the Tribal Commission to the jurisdiction of the United 

St.ates or of any state or of any other tribe with regard 

to the business or affairs of the Tribal Commission. 

4.7 Waiver of Sovereisn Immunity of the Tribal 

Commission. Sovereign immunity of the Tribal Commission 

may be waived only by express resolutions of both the 

Tribal Commission and the Tribal Council after 

consultation with its attorneys. All waivers of sovereign 

immunity must be preserved with the resolutions of the 

Tribal Commission and the Tribal Council of continuing 

force and effect. Waivers of sovereign immunity are 

disfavored and shall be granted only when necessary to 

secure a substantial advantage or benefit to the Tribal 

Commission. Waivers of sovereign immunity shall not be 

general but shall be specific and limited as to duration, 

grantee, transaction, property or funds, if any, of the 

Tribal Commission subject thereto, and shall specify the 

court having jurisdiction pursuant thereto and the 

applicable law. Neither the power to sue and be sued 

provided in Subsection 4.18(2), nor any express waiver of 

sovereign immunity by resolution of the Tribal Commission 

shall be deemed a consent to the levy of any judgment, 

lien or attachment upon property of the Tribal Commission 

other than property specifically pledged or assigned, or a 

consent to suit in respect of any land within the exterior 

boundaries of the Reservation or a consent to the 

al-ienation, attachment or encumbrance of any such land. 

4.8 Sovereisn Immunity of the Tribe. All inherent 

sovereign rights of the Tribe as a federally-recognized 

-12- Revised 6-11-07 
Indian tribe with respect to the existence and activities 

of: the Tribal Commission are hereby expressly reserved, 

including sovereign immunity from suit in any state, 

federal or tribal court. Nothing in this Ordinance, nor 

any action of the Tribal Commission, shall be deemed or 

construed to be a waiver of sovereign immunity from suit 

of: the Tribe; or to be a consent of the Tribe to the 

jurisdiction of the United States or of any state or any 

other tribe with regard to the business or affairs of the 

Tribal Commission or the Tribe; or to be a consent of the 

Tribe to any cause of action, case or controversy, or to 

the levy of any judgment, lien or attachment upon any 

property of the Tribe; or to be a consent to suit wlth 

respect to any land within the exterior boundaries of the 

Reservation, or to be a consent to the alienation, 

attachment or encumbrance of any such land. 

4.9 Credit of the Tribe. Nothing in this Ordinance nor 

any activity of the Tribal Commission shall implicate or 

any way involve the credit of the Tribe. 

4.10 Assets of the Tribal Commission. The Tribal 

Commission shall have only those assets specifically 

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

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

Tribal Commission nor any indebtedness incurred by it 

shall implicate or in any way involve any assets of tribal 

members or the Tribe not assigned in writing to the Tribal 

Commission. 

4.11 Membership. 

(A) Number of Commissioners. The Tribal Commission 

shall be comprised of five (5) Tribal Gaming 

Commissioners consisting of persons appointed by the 

Executive Council. 

(B) Qualification of Commissioners. Each Commissioner 

must be a member of the Tribe, and, as of the date of 

appointment, shall not be: 

(1) An employee of a gaming enterprise of the 

Tribe; or 

(2) A member of the Gaming Commission staff. 

(C) Backsround Check. Prior to the time that any 

Tribal Commission member takes office on the Tribal 

Commission, the Tribe shall perform or arrange to have 

performed a comprehensive background check on each 

prospective member, the results of which shall be 

transmitted to the Executive Council. No person shall 

serve as a Commissioner if: 

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Revised 6-11-07 
(1) His prior activities, criminal record, if any, 

or reputation, habits or associations: 

(a) Pose a threat to the public interest; or 

(b) Threaten the effective regulation and 

control of gaming; or 

(c) Enhance the dangers of unsuitable, unfair, 

or illegal practices, methods, or activities in 

the conduct of gaming; or 

(2) S/he has been convicted of or entered a plea 

of nolo contendere to a felony or any gaming 

offense in any jurisdiction or to a misdemeanor 

within five (5) years of consideration for 

appointment involving a matter which would be a 

crime under the provisions of the Michigan Penal 

Code or the controlled substance provisions of the 

Michigan Public Health Code; or 

(3) S/he has a present interest in the conduct of 

any gaming enterprise or in any business which is 

licensed as a vendor to a gaming enterprise of the 

Tribe; or 

(4) S/he has a member of his immediate family 

employed as a primary management official by any 

tribal gaming establishment. 

4.12 Term of Office. Each Commissioner shall serve a 

term of four years, commencing on January lst, or until a 

successor Commissioner is appointed. On January 1, 1998, 

two Commissioners shall be appointed for a term of two 

years, and three Commissioners shall be appointed for a 

term of four years. Thereafter, all Commissioners shall 

serve four-year terms. The Council's appointment of any 

Commissioner who is not a member of the Executive Council 

shall be by resolution. 

4.13 Ex Officio Members. At the direction of the Tribal 

Council, any member of the Tribal Council, any Tribal or 

Bureau of Indian Affairs employee or any other person may 

be designated to participate, without vote, in Tribal 

Commission meetings. 

4.14 Meetinqs. 

(A) Reqular Meetinqs. The Tribal Commission shall hold 

at least two regular monthly meetings, which shall 

take place on the first and third Tuesdays of each 

month. If the meeting date falls on a holiday, it may 

be rescheduled to another date not in conflict with 

the regular meetings of the Executive Council on the 

second and fourth Mondays of each month. 

- 14 - 

Revised 6-11-07 
(B) Special Meetings. Special meetings may be called 

at the request of the Tribal Council, the Chairman of 

the Tribal Commission or three (3) or more members of 

the Tribal Commission. 

(C) Compensation of Commissioners. An honorarium set 

by the Executive Council may be paid to Commissioners 

as compensation. 

(D) Quorum. A quorum for all meetings shall consist 

of four (4) members. 

(E) Votinq. All questions arising in connection with 

the action of the Tribal Commission shall be decided 

by majority vote. The Chairman of the Tribal 

Commission shall only be entitled to vote to break a 

tie. 

4.15 Orqanization. The Tribal Commission shall develop 

its own operating procedures and shall elect from within 

itself a Chairman to direct meetings, a reporter to be 

responsible for keeping Tribal Commission minutes and 

transmitting to the Tribal Council a copy of those 

minutes, handling correspondence and reporting Tribal 

Commission decisions and such other officers as it deems 

advisable. 

4.16 Removal of Members or Vacancies. 

(A) Removal. 

(1) A Commissioner shall be immediately removed 

by the Executive Council for any action which bars 

eligibility for serving in that capacity under 

subsections 4.11 C 2 , (3), or (4) of this 

Ordinance 

(2) A Commissioner may be removed by the Council 

for the following reasons: serious inefficiency, 

neglect of duty, malfeasance, misfeasance, 

nonfeasance, misconduct in office, or for any 

conduct which threatens the honesty and integrity 

of the Tribal Commission or otherwise violates the 

letter or intent of this Ordinance. Except as 

provided below, no Commissioner may be removed 

without notice and an opportunity for a hearing 

before the Council, and then only after the 

Commissioner has been given written notice of the 

specific charges at least ten days prior to such 

hearing. At any such hearing, the Commissioner 

shall have the opportunity to be heard in person 

or by counsel and to present witnesses on his 

behalf. If the Council determines that immediate 

removal of a Commissioner is necessary to protect 

- 15 - Revised 6-11-07 
the interests of the Tribe, the Council may 

immediately remove the Commissioner temporarily, 

and the question of permanent removal shall be 

determined thereafter pursuant to Tribal 

Commission hearing procedures. A written record of 

all removal proceedings together with the charges 

and findings thereon shall be kept by the Tribal 

Secretary. The decision of the Council upon the 

removal of a Commissioner shall be final. 

(B) Vacancies. If any Commissioner shall die, resign, 

be removed or for any reason be unable to serve as a 

Commissioner, the Council shall declare his position 

vacant and shall appoint another person to fill the 

position. The terms of office of each person appointed 

to replace an initial Commissioner shall be for the 

balance of any unexpired term for such position, 

provided, however, that any prospective appointee must 

meet the qualifications established by this Ordinance. 

4.17 Conflict of Interest. No person shall serve as a 

Commissioner if s/he or any member of his immediate family 

is a primary management official of, or has a financial 

interest in, any management contract or gaming supply 

business, or if s/he has any other personal or legal 

relationship which places him In a conflict of interest. 

4.18 Powers of the Tribal Commission. In furtherance, 

but not in limitation, of the Tribal Commissionls purposes 

and responsibilities, and subject to any restrictions 

contained in this Ordinance or other applicable law, the 

Tribal Commission shall have and is authorized to exercise 

by majority vote, the following powers in addition to all 

powers already conferred by this Ordinance: 

(A) To regulate all day-to-day gaming activity within 

the jurisdiction of the Tribe including tele-bingo and 

other unusual games. 

(B) To promote the full and proper enforcement of all 

tribal civil and criminal gaming laws and policies. 

(C) To enact and enforce such rules and regulations 

regarding its activities and governing its internal 

affairs as the Tribal Commission may deem necessary 

and proper to effectuate the powers granted by this 

Ordinance and the powers granted and duties imposed by 

applicable law. 

(D) To publish and distribute copies of this 

Ordinance, Tribal Commission rules, and anv Council. 

Tribal commission or Tribal Court decisionsA regardink 

gaming matters. 

-16- Revised 6-11-07 
(E) To prepare and submit for Council approval 

proposals, including budget and monetary proposals, 

which could enable the Tribe to better carry forth the 

policies and intent of this Ordinance. 

(F) To work with the staff of any tribal department, 

program, project, or operation and to cooperate with 

the Council or any Council Committee in regard to 

gaming issues. 

(G) Where it is in the best interest of the Tribe, to 

develop a cooperative working relationship with 

federal and state agencies and officials. 

(H) To arrange for and direct such inspections and 

investigations as it deems necessary to ensure 

compliance with this Ordinance and implementing 

regulations. In undertaking such investigations, the 

Tribal Commission may request the assistance of tribal 

gaming staff, federal, state and tribal law 

enforcement officials, legal counsel and other third 

parties. 

(I) To maintain and keep current a record of new 

developments in the area of Indian gaming. 

(J) To request the assistance of the Tribal Court or 

Tribal Appellate Court in conducting gaming hearings, 

defining terms used in this Ordinance or other tribal 

laws, or in any other matter in which the Tribal 

Commission deems such assistance to be necessary or 

proper. 

(K) To consider any gaming matter brought before it 

by any person, organization or business, and all 

matters referred to it by the Tribal Council. 

(L) To obtain and publish a summary of federal revenue 

laws relating to gaming and to insure compliance with 

the same. 

(M) To arrange for training of Tribal Commission 

members, tribal employees and others in areas relating 

to the regulation or operation of gaming. 

(N) With the approval of the Council, to employ such 

advisors as it may deem necessary. Advisors may 

include, but are not limited to, lawyers, accountants, 

law enforcement specialists and gaming professionals. 

(0) To make recommendations to the Council on the 

hiring of all supervisory gaming employees. 

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Revised 6-11-07 
(P) To promulgate rules and regulations to implement 

and further the provisions of this Ordinance. 

(Q) To approve or disapprove any application for a 

tribal gaming license. 

(R) To consult with and make recommendations to the 

Council regarding changes in tribal gaming laws and 

policies. 

(S) To administer oaths, conduct hearings, and by 

subpoena compel the attendance of witnesses and the 

production of any books, records and papers relating 

to the enforcement of tribal gaming laws, regulations 

and policies. 

(T) To make, or cause to be made by its agents or 

employees, an examination or investigation of the 

place of business, equipment, facilities, tangible 

personal property, and the books, records, papers, 

vouchers, accounts, documents and financial statements 

of any gaming or enterprise operating, or suspected to 

be operating, within the jurisdiction of the Tribe. 

(U) When necessary or appropriate, to request the 

assistance and utilize the services of the courts, law 

enforcement and government officials and agencies, and 

private parties, in exercising its powers and carrying 

out its responsibilities. 

(V) To examine under oath, either orally or in 

writing, any person or agent, officer, or employee of 

any person, with respect to any matters related to 

this Ordinance. 

(W) To delegate to an individual member of the 

Commission, or to an individual member of the Tribal 

Council, or to the Tribal Commission or tribal staff, 

such of its functions as may. be necessary to 

administer these ordinances efficiently; provided, 

that the Tribal Commission may not re-delegate its 

power to exercise any of the substantial governmental 

functions of the Tribe delegated to the Tribal 

commission by the Tribe; and provided further, that 

the Tribal Commission may not delegate its power to 

promulgate rules and regulations. It may also not 

delegate to anybody except the Tribal Council or 

Tribal Court the power to revoke a tribal gaming 

license permanently. The Tribal Commission may, 

however, delegate the power to suspend a gaming 

license temporarily and to close a licensed gaming 

enterprise for no more than 30 days when its continued 

operation threatens the public health, welfare or 

safety . 

-18- 

Revised 6-11-07 
(11) Each application for a gaming employee 

license shall be accompanied by an application fee 

of $10.00. 

(C) Any application for a gaming employee license 

shall be accompanied by an application fee of $10.00. 

6.3 Review Procedure. 

(A) The Tribal Commission or its designee shall 

forward a copy of each application to a tribal or 

state law enforcement agency and arrange for that 

agency to verify in writing the accuracy of the 

applicant's criminal record. The Commission or its 

designee shall also contact each reference provided in 

the application and take other appropriate steps to 

verify the accuracy of the other information presented 

and prepare a report of their findings for the 

Commission. Once these two reviews are completed, the 

Commission shall review the findings and either grant 

or deny the license, if one is required by this 

Ordinance, or advise the Primary Management Official 

that the applicant's information has been reviewed and 

there exists no barrier to employment. The applicant 

shall be notified in writing of the Comrnissionrs 

decision. If the Commission votes to deny a license, 

it shall include within this notification the specific 

reasons for its decision. 

(B) A copy of the application, the results of the 

background checks performed and the Tribal 

Commission's findings and decision shall be forwarded 

to the National Indian Gaming Regulatory Commission 

before a license is issued. 

(C) All applications, background checks and Commission 

decisions shall be retained in the Commission files 

for a period of at least five (5) years. 

6.4 Scone of License. 

(A) Any employee gaming licenses issued pursuant to 

this section shall be effective for only the location, 

job and employer contained in the application. 

(B) Any licensed employee shall apply to have his 

license transferred to a new location by requesting 

that transfer in writing to the Tribal Commission in a 

manner which details the new job and location and the 

operator for whom s/he proposes to work. 

(C) The Tribal Commission may waive the requirements 

contained in subsections 6.4(A) and 6.4(B) for those 

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Revised 6-11-07 
employees of a licensed operator when the Commission 

determines : 

(1) The position for which the employee is 

licensed requires carrying out employment 

responsibilities in more than one location on a 

regular basis; and 

(2 Providing authorization to carry out 

employment responsibilities in more than one 

location does not conflict with the Commission's 

minimum internal control standards and does not 

compromise the integrity of the licensed gaming 

operations. 

6.5 Licensins Period. Any permanent employee gaming 

license issued pursuant to this section shall be effective 

for a period of one year from the date of issuance and 

sh.all contain the licensee's photograph and shall state on 

its face the name of the employee, the location at which 

s/he is licensed to work, the gaming operator who employs 

him, the date that the license became effective and the 

date that it expires. 

6.6 Renewals. A holder of an employee gaming license 

sh.all petition to have his license renewed, by applying to 

the Tribal Commission for a renewal before his original 

license has expired and updating all information contained 

in. the original application. 

6.7 Requirement to Produce License Upon Request. Any 

person receiving an employee gaming license must carry 

th.at license upon his person during all working hours and 

must produce that license upon the request of any person. 

6.8 Suspension or Termination of Employee License. 

(A) Grounds for Sus~ension or Termination. The Tribal 

Commission may suspend or terminate the license of any 

employee, after notice and an opportunity for a 

hearing, for any of the following reasons: 

(1) The employee has withheld pertinent 

information on his application; 

(2) The employee has made false statements on the 

application; 

(3) The employee has participated in gaming 

activity which was not authorized by any tribal 

gaming license; 

(4) The employee has attempted to bribe a tribal 

council member, Commissioner or other person in an 

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Revised 6-11-07 
attempt to avoid or circumvent tribal law; 

(5) The employee has offered something of value or 

accepted a loan, financing or other thing of value 

from a Tribal Commission member, a subordinate 

employee or any person participating in any gaming 

activity; 

(6) The employee has knowingly promoted, played or 

participated in any gaming activity operated in 

violation of tribal or federal law or the 

tribal/state gaming compact; 

(7) The employee has been knowingly involved in 

the falsification of books or records which relate 

to a transaction connected with the operation of 

gaming activity; 

(8) The employee has violated any provision of 

this Ordinance or the rules and regulations of the 

Tribal Commission; 

(9) The employee has been convicted of, or has 

entered a plea of nolo contendere to, any crime 

involving gaming, fraud, theft, embezzlement or 

other activity which, if perpetrated at his 

operator's place of employment, would injure or 

pose a threat to the public interest, or the 

integrity of the gaming activity, or the effective 

regulation of gaming or enhance the dangers of 

unfair, unsuitable or illegal gaming practices; 

(10) The employee has refused to comply with any 

lawful order, inquiry or directive of the Tribal 

Commission, the Tribal Council, the federal 

government or any court of competent jurisdiction; 

(11) The employee has been convicted of, or 

entered a plea of nolo contendere to, a crime 

involving the sale of illegal narcotics or 

controlled substances; or 

(12) The employee has been determined to have 

present or prior activities, criminal record, if 

any, or reputation, habits and associations which 

pose a threat to the public interest or to the 

effective regulation of gaming, or create or 

enhance the dangers of unsuitable, unfair, or 

illegal practices and methods and activities in 

the conduct of gaming. 

(B) Procedure for Sus~ension or Termination. Whenever 

it is brought to the attention of the Tribal 

Commission that a person has failed to comply with any 

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Revised 6-11-07 
of the conditions of subsection (A), above, the Tribal 

Commission or its designee may either undertake an 

investigation of the gaming enterprise, or serve upon 

such person or any agent of such person an order to 

show cause why the employee should not be subject to 

disciplinary action. Such notice shall state the 

reason for the order, the time and place for the show 

cause hearing before the Tribal Commission, and that 

the person shall have an opportunity to present 

testimony and cross examine opposing witnesses, and to 

present any other evidence as to why a disciplinary 

action should not be issued. The hearing shall be set 

for not less than ten (10) days nor more than 14 days 

from the date of the notice. The hearing shall be 

governed in all respects in accordance with tribal law 

and Tribal Commission regulations. 

6.9 Temporarv Suswension of Ehployee Gaminq License. 

(A) Any employee gaming license may be temporarily and 

immediately suspended by the Tribal Commission, the 

Tribal Court or the Council or its designee for not 

more than 30 days if any of the following have 

occurred : 

(1) The employee has been charged with a violation 

of any gaming law. 

(2) The employee's continued employment as a 

primary management official or key employee of a 

game or gaming enterprise poses a threat to the 

general public. 

(3) The employee has made a material false 

statement in his license application. 

(4) The employee has participated in gaming 

activity unauthorized by his tribal gaming 

license. 

(5) The employee has refused to comply with any 

lawful order of the Tribal Commission, the 

Council, the Tribal Court or the National Indian 

Gaming Commission. 

(B) In the event the Tribal Commission determines that 

any employee meets any of the criteria stated in 

subsections 6.9 (A) (1) through 6.9 (A) (5) above or that 

his non-compliance with this Ordinance is a direct and 

immediate threat to the peace, safety, morals or 

health or welfare of the community, the Tribal 

Commission or its designee shall issue a notice of 

temporary suspension of his employee gaming license 

which shall be served upon the employee or any agent 

-33- 

Revised 6-11-07 
of the employee. The order shall state the grounds 

upon which it is issued and the employee's right to a 

hearing. The employee shall cease and desist operating 

in his management position or in his capacity as a key 

employee immediately upon receipt of the order, but 

s/he may file a notice of appeal with the Tribal 

Commission which shall hold a hearing on the order 

within 14 calendar days of its receipt of the appeal. 

At the hearing the employee shall have an opportunity 

to present testimony and cross-examine opposing 

witnesses, and to present any other evidence as to why 

a temporary suspension order or an injunction should 

not be issued. The hearing shall be governed in all 

respects in accordance with tribal law and Tribal 

Commission regulations. 

Section 7. Provisions of General Applicability to All Operators. 

7.1 Gamins License Rewired. Each Class I1 or Class I11 

gaming activity within the jurisdiction of the Tribe shall 

be conducted only by an operator who possesses a current 

and valid tribal gaming license. 

7.2 Site and Operator Specified. Each tribal gaming 

license shall be applicable only to one gaming site and 

the operator named on such license. 

7.3 License Not Assiqnable. No tribal gaming license 

shall be sold, lent, assigned or otherwise transferred. 

7.4 Employee Licenses Required. Each management and key 

employee of a licensed gaming operation shall possess 

a current and valid tribal gaming employee license. 

7.5 Eliqible Licensees. A tribal gaming license shall be 

issued only to a person who qualifies therefor under the 

ordinance, or to the Tribe or a tribal subdivision. 

7.6 Employee Druq Tests. Any person employed in a 

Commission-licensed gaming enterprise may be randomly 

selected for testing for utilization of marijuana, 

cocaine, amphetamines, opiates and phencyclidine (PCP). 

Random drug testing of employees is a mandatory operating 

procedure for all operators. 

7.7 Requlations Posted or Available. Each operator shall 

have a copy of this Ordinance and regulations readily 

available for inspection by any person at each authorized 

gaming site. 

7.8 Minimum Aqe to Play. In any gaming facility which 

has a retail alcoholic beverage license, the minimum age 

to play any Class I11 game is 21 years of age. In any 

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Revised 6-11-07 
gaming facility which does not have a retail alcoholic 

bp,verage license, the minimum age to play is 19 years of 

age. 

7.9 Minimum Aqe to Enter Facilitv. No person, other 

than a Class I11 enterprise employee, shall be permitted 

to: 

(A) Enter the area of any building which has a retail 

alcoholic beverage license and in which Class I11 

gaming is conducted, if under 21 years of age; 

(B) Enter the area of any building which does not 

have a retail alcoholic beverage license and in which 

Class I11 gaming is conducted, if under 19 years of 

age. 

7.10 Postinq of Rules of Plav. Each operator shall post 

in a conspicuous location near where any gaming activity 

is being played, or shall otherwise provide the public 

with an explanation of the rules of play of every specific 

game s/he operates. 

7.11 Equipment Rental Restrictions. Each operator of a 

gaming activity is prohibited from renting or lending 

gaming equipment to any person. 

7.12 Restrictions on Gaminq Apparatus Exchanqe. Each 

operator is prohibited from exchanging pull-tabs, punchboards, sports pools, and twenty-one boxes (shoes). All 

other gaming equipment may be exchanged without prior 

approval. Any request for approval shall be made to the 

Tribal Commission at least 5 days prior to the exchange. 

7.13 Ap~roval of Gamins Materials Remired. Any 

operator who anticipates the printing, manufacture, or 

construction of any equipment for gaming activity shall 

first notify the Tribal Commission of his intention and 

sh.al1 have the finished product approved by the Tribal 

Commission before it is placed in service. 

7.14 Requisite Sale and Redemption Value. Gaming chips 

and other tokens of value shall only be sold and redeemed 

by the operator and only for full value. 

7.15 Record Maintenance Requirements. Each licensed 

gaming operation shall maintain and keep for not less than 

five (5) years permanent books of accounts and records, 

including inventory records of gaming supplies, sufficient 

to establish the gross and net income, deductions, 

expenses, receipts and disbursements of the enterprise. 

7.16 Liquor Sale Restrictions. There shall be no sale 

of liquor at any gaming site without the requisite license 

-35- 

Revised 6-11-07 
for such sale issued under the Tribe's liquor control 

ordinance. 

7.17 Form of Payment for Chance to Play. Consideration 

for the chance to play in any gaming activity shall only 

be cash, house token or chip, and shall be presented at 

the time the game is played. No other form of 

consideration shall be allowed unless the Tribal 

Commission gives prior written approval. 

7.18 Documentation of Winninqs and Losses for Tax 

- Purposes. Evidence of any win or loss incurred by a 

player may, upon request, be provided to such player. 

7.19 Taxes, Fees and Reports Timely Transmitted. Each 

operator shall pay all applicable taxes and fees, 

including those assessed by the National Indian Gaming 

Commission, and file all applicable reports on time. 

7.20 Response to Resulatow Inquiries. Each operator 

shall respond immediately to and obey all inquiries, 

subpoenas or orders of the Tribal Commission, the Tribal 

Council, the Tribal Court, or the National Indian Gaming 

Commission. 

7.21 Display of Gamins License. Each operator shall 

prominently display at each gaming site a current, valid 

tribal gaming licence. 

7 -22 Maintenance of Premises. Each operator shall, at 

all times, maintain an orderly, clean, and neat gaming 

establishment, both inside and out. 

7.23 Facility Security. Each operator shall provide 

ad.equate security to protect the public before, during and 

after any gaming activity. 

7.24 Cooperation with Law Enforcement. Each operator 

shall cooperate at all times with law enforcement 

personnel. 

7.25 Record Inspection. Each operator shall make its 

premises and books and records available for inspection 

during normal business hours by the Tribal Commission or 

their designee, and by authorized representatives of the 

National Indian Gaming Commission. 

7.26 Gaminq Occasion Restrictions. No gaming shall be 

conducted on special days of observance designated by the 

Tribal Council. 

7.27 Discrimination Prohibited. No operator may 

discriminate on the basis of sex, race, color, or creed in 

the conduct of any licensed gaming activity. Employment 

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Revised 6-11-07 
preference for tribal members and other Native Americans 

shall not constitute discrimination by the operator. 

7.28 Financial Record Review. Each operator shall keep 

accurate books and records of all moneys received and paid 

out and provide authorized representatives of the National 

Indian Gaming Commission and the Tribal Commission or its 

designee with copies of or access to the same upon 

request. 

7.29 Use of Net Proceeds. All net proceeds of any 

gaming activity shall be used only in a manner prescribed 

by this Ordinance. 

7.30 Reportins Requirement Com~liance. Every operator 

shall comply with all applicable tribal and federal 

revenue reporting laws. 

7.31 Tribal Law Violation. It shall be a violation of 

the Tribe's Criminal Code to violate any provision of this 

Ordinance, any regulation of the Tribal Commission, or any 

order of the Tribal Court. 

7.32 Em~lovee Misconduct. Each operator may immediately 

suspend without pay any employee who is charged with an 

offense described in subsection 10.2(BB) or any offense 

related to the sale, possession, manufacture and/or 

transport of illegal drugs. If a suspension is made on 

these grounds, the operator shall also immediately notify 

the Tribal Commission in writing of the name of the person 

and the pending charge and advise the Tribal Commission of 

the outcome of the case. If the employee is convicted or 

pleads nolo contendere to the charge, his or her 

employment shall be terminated. An employee terminated 

under this section for a drug-related conviction may be 

rehired, provided that such person is eligible for a 

gaming license, and provided further that such person 

passes a pre-employment drug screen test, and furnishes a 

substance abuse assessment by a licensed substance abuse 

program, and demonstrates compliance with that program's 

rehabilitation/ counseling plan. 

Section 8. Gross Proceeds Tax. 

8.1 Rate. There is hereby levied upon and there shall 

be collected from all enterprises an annual tax for the 

purpose of funding the Tribal Gaming Commission equal to 

one (1) per cent of the adjusted gross proceeds thereof, 

as that term is defined in subsection 2.1 of this 

Ordinance. The tax levied by this section shall be a 

personal obligation of the taxpayer. 
8.2 Separate Accountinq Practices. Any enterprise which 

obtains revenue from sources other than activities 

directly related to gaming, such as the sale of food and 

beverages, shall keep books to show separately the 

transactions used to determine the tax levied in this 

section. 

8.3 Tax Due Date; Accrual, Return and Sisnature. 

(A) Duty of Enter~rise. The enterprise shall, on or 

before the fifteenth (15th) day of each month, make 

out a return for the preceding month on a form 

prescribed by the Tribe, showing the entire amount of 

adjusted gross proceeds of his gaming activities, and 

the amount of tax for which it is liable, and shall 

transmit the return signed by the Primary Management 

Official, together with payment of the amount of tax 

owed, on or before the fifteenth day of the month. If 

the return is prepared by other than said Manager, the 

return shall so state, and shall give the name and 

address of the person preparing the return, together 

with his signature and the name of his employer, if 

any. 

(B) Accrual of Tax. The tax imposed by this section 

shall accrue to the Tribe on the last day of the month 

in which the gaming activity occurred. 

8.4 Annual Periodic Reconciliations. In the event that 

the annual financial report provided by each enterprise 

indicates that the amount of adjusted gross proceeds for 

the year differs from the total of the adjusted gross 

proceeds reported monthly under sec . 8.3, the enterprise 

shall file with the Commission a reconciliation return, 

which indicates the proper amount of the adjusted gross 

proceeds, and if, additional tax is due, provide the 

correct amount together with one per cent (1%) penalty 

interest, compounded monthly, on the amount unreported or 

underreported, commencing with the month in which the 

report required by sec. 8.3 was due. 

8.5 Tax Revenue Distribution. All sums of money 

received and collected under this section shall be 

deposited by the Tribe to the credit of an Internal 

Service Fund to be used solely for the purpose of funding 

the operations of the Tribal Gaming Commission, in 

carrying out its responsibilities pursuant to this 

ordinance, the Indian Gaming Regulatory Act, and the 

Tribe's Compact with the State of Michigan, published at 

58 Fed. Reg. 63262 (Nov. 29, 1993). 

8.6 Internal Service Fund. The Fund is used to account 

for the financing of goods and services provided by one 

department or agency to other departments or agencies of 

-38- 

Revised 6-11-07 
the governmental unit, or to other governmental units, on 

a cost reimbursement basis. 

8.7 Excess of Receiwts over Expenses. In the event that 

receipts exceed expenses, as determined by the annual 

audit, the Internal Service Fund will rebate such excess 

to enterprises proportionately. 

8.8 Annual Budqet . The Tribal Gaming Commission will 

p:repare and submit for approval by the Executive Council 

an annual budget. 

Section 9. Operation of Tribally-Owned or Tribally- Operated Games. 

9.1 Manaqement bv a Primary Manaqement Official. 

(A) The Tribal Council shall appoint one person who 

shall serve as Primary Management Official at each of 

its tribally-operated gaming establishments. The 

person appointed shall undergo a background check by 

the Tribal Commission and shall obtain an employee 

gaming license before commencing work. The Tribal 

Council shall be the direct supervisor of the Primary 

Management Official. 

(B) The Primary Management Official shall be 

responsible for managing and overseeing the day-to-day 

operations of the gaming operation. S/he shall have 

such authority as the Tribal Council may delegate. 

(C) The Primary Management Official shall present a 

written monthly report to the Tribal omm mission and 

the Tribal Council which details the number of Datrons 

served, the amount of income generated, the numbers of 

employees working at the establishment, a detailed 

description of any patron complaints and other 

problems experienced at the establishment, also a 

written statement of any changes in key employees or 

primary management officials and all bills which are 

30 days or more past due. 

(D) Any patron's cash winnings shall be paid in cash 

or check and shall be paid within 72 hours after it is 

won. 

(E) The Primary Management Official shall propose and 

the Tribal Commission shall approve a patron's 

complaint process. Each tribally-owned and 

tribally-managed gaming establishment shall post at 

least one sign in each gaming room informing patrons 

that they may file any complaints that they have 

directly with the Tribal Commission, and advising them 

of the Tribal Commission's address and phone number. 

-39- 

Revised 6-11-07 
(F) Each tribally-owned or tribally-operated gaming 

establishment shall carrv sufficient liabilitv 

insurance to protect the p;blic in the event of 

accident. The Tribal Council shall determine the 

amount of liability insurance required for each gaming 

establishment. 

(G) Each tribally-owned or tribally-operated gaming 

establishment shall post the rules of play of each 

game in a conspicuous place in the establishment, and 

shall make written copies of them available to any 

member of the general public upon request. 

(H) The Primary Management Official shall be 

personally responsible for seeing that gaming activity 

is managed in accordance with tribal and federal law 

and that such gaming activity complies with all IRS 

reporting requirements. 

9.2 Use of Net Revenues of Triballv-Owned or Triballymerated Gamins Enterprises. 

(A) All net proceeds of a tribally-owned or triballyoperated gaming enterprise shall be held in the name 

of the Tribe. Such net proceeds may only be expended 

by the Tribal Council by resolution and only for the 

following purposes: 

(1) To fund tribal government operations or 

programs. 

(2) To provide for the general welfare of the 

Tribe and its members. 

(3) To promote tribal economic development. 

(4) To donate to charitable organizations. 

(5) To help to fund operations of local government 

agencies. 

9.3 Audit Requirements. 

(A) The Tribal Commission and the Primary Management 

Official of each tribally-owned or tribally-operated 

gaming establishment shall obtain an annual outside 

audit of such gaming establishment. A copy of such 

audit shall be provided to the Tribal Commission, the 

Tribal Council and the National Indian Gaming 

Commission. 

(B) Each contract for supplies, services (other than 

legal and accounting services) or concessions for a 

contract amount in excess of $25,000.00 annually shall 

be subject to an independent audit. A copy of such 

-40- 

Revised 6-11-07 
audit will be provided to the Tribal Commission, the 

Tribal Council and the National Indian Gaming 

Commission. 

.4 Manaqement Contracts . 

(A) Each management contract is subject to the prior 

approval of the National Indian Gaming Commission. 

(B) Each management contract shall be approved by the 

Council with the advice and comment of the Tribal 

Commission. Before giving final consideration to any 

proposed management contract, the Council shall direct 

the Tribal Commission to obtain the following 

information and submit it to the Council for review: 

(1) Background information on the proposed 

management contractor including its name, its 

address, the names and addresses of each person or 

entity having a direct financial interest or 

management responsibility for the proposed 

management contractor, and in the case of a 

corporation, the names and addresses of each 

member of its board of directors and all 

stockholders who hold directly or indirectly 10 

percent or more of its issued or outstanding 

stock. 

(2) A description of any previous experience that 

each person listed in subsection 9.1 above has had 

with other gaming contracts with Indian tribes or 

with the gaming industry generally, including the 

name and address of any tribal government or 

licensing agency with wh~ch such person has had a 

contract relating to gaming. 

(3) A complete financial statement of each person 

listed in subsection 9.4 (B) (1) above. 

(4) The Tribal Commission shall contact each of 

the tribal governments and licensing agencies in 

Subsection 9.4(B)(2) above to determine the 

performance history of the proposed management 

contractor. 

(5) The Tribal Commission shall arrange to have 

each proposed management contractor investigated 

to learn of his personal attributes and to 

determine whether s/he has a prior criminal record 

or any pending criminal charges. 

(6) The Tribal Commission shall obtain an 

independent verification of the completed 

-41- 

Revised 6-11-07 
financial statements of each proposed management 

contractor. 

( 7) The Commission shall undertake any additional 

steps it can to determine the character and 

reputation of each proposed management contractor. 

(8) If the Tribal Council, after reviewing the 

above described information still desires to enter 

into a management contract with the proposed 

management contractor, such management contract 

shall be placed in writing and submitted to legal 

counsel for review before the Council approves it. 

(C) Any management contract approved by the Council 

must contain at a minimum the following with respect 

to the gaming enterprise to which the contract is 

applicable: 

(1) A provision requiring a monthly financial 

accounting of the gaming enterprise's income and 

expenses, with an annual financial accounting to 

be prepared by an independent auditor who is 

acceptable to the Tribe. 

(2) A provision providing the Tribe absolute 

access to the daily operation of the gaming 

enterprise and to its books, and the Tribe's 

absolute right to verify the daily gross revenues 

of the gaming enterprise at any time. 

(3) A provision guaranteeing the Tribe a minimum 

guaranteed payment which shall always take 

precedence over the management contractor's right 

to recoup development and construction costs. 

(4) An agreed upon ceiling for the management 

contractor's development and construction costs. 

(5) A provision that the contract shall not exceed 

the term limit established by federal law. 

(6) A provision for termination of the contract 

and the grounds for termination. 

(D) If the Council is satisfied with the information 

it receives it shall submit its proposed contract 

along with all of the above described information to 

the Chairman of the National Indian Gaming Commission 

for approval. 

-42- 

Revised 6-11-07 
Section 10. Enforcement. 

10.1 Jurisdiction. Except as provided in this Ordinance 

and in any IGRA compact, the Tribal Court shall have 

jurisdiction over all violations of this Ordinance. 

10.2 Prohibited Acts. In addition to other civil and 

criminal offenses provided for in this Ordinance, the 

following acts are prohibited and subject any violator to 

the civil or criminal penalties specified herein: 

(A) Participating in any on-reservation gaming 

activity which is not authorized by this Ordinance. 

(B) Knowingly making a false statement in an 

application for employment with any operator or with 

the Tribal Commission. 

(C) Knowingly making a false statement in connection 

with any contract to participate in any gaming 

activity. 

(D) Attempting to bribe any person participating in 

any gaming activity. 

(E) Offering or accepting a loan, financing or other 

thing of value between a Tribal Commission member or 

employee and any person participating in any gaming 

activity. 

(F) Promoting or participating in any illegal gaming 

activity. 

(G) Failing to keep sufficient books and records to 

substantiate receipts, disbursements and expenses 

incurred or paid from any gaming activity authorized 

pursuant to this Ordinance. 

(H) Falsifying any books or records which relate to 

any transaction connected with any gaming activity 

pursuant to this Ordinance. 

(I) Conducting or participating in any gaming activity 

which in any manner results in cheating or 

misrepresentatlon, and which allows any other 

disreputable tactics which detract from the fair 

nature and equal chance of participation between 

gaming players, or which otherwise creates an 

advantage over and above the chance of such gaming 

activity which affects its outcome. 

(J) To conduct gaming activity with or to allow 

participation in gaming activity by or with an 

intoxicated or disorderly player. 

-43- 

Revised 6-11-07 
(K) To allow or participate in the sale of liquor at 

gaming sites when such sale is prohibited by tribal 

law. 

(L) To accept consideration other than money, personal 

checks or other approved consideration for the chance 

to play or participate in any gaming activity. 

(M) To use bogus or counterfeit chips or charitable 

gaming tickets, or to substitute or use any cards, 

charitable gaming tickets or gaming equipment that has 

been marked or tampered with. 

(N) To employ or possess any cheating device or to 

facilitate cheating in any gaming activity. 

(0) To willfully use any fraudulent scheme or 

technique to change the odds of any game of chance. 

(P) To solicit, directly or indirectly, or use inside 

information on the nature or status of any gaming 

activity for the benefit of an individual. 

(Q) To tamper with a gaming device, attempt to 

conspire to manipulate the outcome or the payoff of a 

gaming device, or otherwise unlawfully tamper with or 

interfere with the proper functioning of the machine. 

(R) To alter or counterfeit a gaming license. 

(S) To aid, abet, or conspire with another person 

knowingly or knowingly to cause any person to violate 

any provision of this Ordinance or any rules and 

regulations adopted thereunder. 

(T) To operate, use or make available to the public 

any illegal gaming device, apparatus, material, or 

equipment. 

(U) To sell, hold out for sale or transport into or 

out of the jurisdiction of the Tribe any illegal 

gaming device, apparatus, material, or equipment. 

(V) To assist or allow a person who is under age to 

participate in a game of chance. 

(W) To possess any illegal narcotics or controlled 

substances on any llcensed gaming site. 

(X) To steal or attempt to steal funds or other items 

of value from any gaming establishment or from the 

Tribal Commission. 

-44- 

Revised 6-11-07 
(Y) To employ any person at a licensed gaming 

establishment whom the operator knows has been 

convicted of a gaming crime or a crime of fraud. 

(Z) To conspire with or induce any person to violate 

any of the provisions of this Ordinance or any tribal 

or federal law. 

(AA) No operator or any of his employees or agents 

shall engage in any act, practice, or course of 

operation which could result in a fraud or deceit upon 

any person. 

(BB) No operator shall employ any person who has been 

convicted of or entered a plea of nolo contendere to a 

criminal offense committed in Michigan or any other 

jurisdiction, involving theft, fraud, or 

misrepresentation, which would be a felony if 

committed in Michigan, and which was committed as an 

adult or prosecuted as an adult offense, and which has 

not been effectively removed from the person's 

criminal record by executive pardon, state court 

order, or operation of law; or to a gaming crime. 

10.3 Criminal Violation. Any Indian who violates or 

fails to comply with any provision of this Ordinance, or 

who fails or neglects to comply with any order or decision 

of the Tribal Commission, shall be guilty of a crime and 

may be required to pay a fine not to exceed $5,000 or be 

incarcerated for a period not to exceed 2 years. Each day 

during which any such violation or failure to comply 

continues shall constitute a separate violation of this 

Ordinance. 

10.4 Civil Violation. Any non-tribal member who violates 

or fails to comply with any provision of this Ordinance, 

or who fails or neglects to comply with any order of 

the Tribal Commission, shall be liable for a civil fine 

not to exceed $5,000 for each violation thereof. Each day 

during which any such violation or failure to comply 

continues shall constitute a separate violation of this 

Ordinance. The amount of any such civil fine may be 

recovered in a civil action In the Tribal Court. 

10.5 Cumulative Fines. All civil fines accruing under 

this Ordinance shall be cumulative and a suit for the 

recovery of one fine shall not bar or affect the 

recovery of any other fine, or judgment, penalty, 

forfeiture or damages, nor bar the power of the Tribal 

Court to punish for contempt, nor bar any criminal 

prosecution against any officer, director, agent, or 

employee of any operator, or any other person. 

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Revised 6-11-07 
10.6 Purpose of Civil Penalties. The civil fines imposed 

under this Ordinance are intended to be remedial and not 

punitive and are designed to compensate the Tribe for the 

damage done to the peace, security, economy and general 

welfare of the Tribe and the Reservation and to compensate 

the Tribe for costs incurred by the Tribe in enforcing 

this Ordinance. The civil fines under this Ordinance are 

also intended to coerce all people into complying with 

this Ordinance and Tribal Commission regulations and not 

to punish such people for violation of such laws and 

regulations. 

10.7 Civil Action for Penalties. In enforcing the civil 

infraction provisions of this Ordinance, the Tribal 

Commission shall proceed, in the name of the Tribe, 

against a person for violation of such provision by civil 

complaint pursuant to the provisions of this Ordinance. 

The Tribal Commission in such action shall have the 

burden of showing, by the preponderance of the evidence, 

that such person violated the applicable provision of this 

Ordinance. 

10.8 Seizure of Pro~ertv. All property utilized in 

violation of this Ordinance shall be subject to seizure by 

order of the Tribal Court. 

10.9 Re~ortinq of Offenders. The Clerk of the Tribal 

Court shall, upon final conviction of any person under 

this subsection, report the name of the person convicted 

to the Tribal Commission. 

Section 1 1. Authorized Games. 

11.1 Games Playable. All games of chance which are valid 

under the law of the State of Michigan are authorized for 

licensing. 

11.2 License Required. A separate tribal gaming license 

shall be obtained for the operation of each of the gaming 

establishments authorized by this Section. 

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Revised 6-11-07