I

RESOLUTION NO. ~ s.~ 93

(Designation of Agent for Service of Gaming Related Doctiients)

WHEREAS, the Standing Rock Sioux Tribe is an unincorporated Tribe of Indians

having accepted the rndian Reorganization Act of June 18, 1934, with the

governing body of the Tribe known as the Standing Rock Sioux Tribal Council; and

WH~EAS, the Standing Rock Sioux Tribal Council, pursuant to the amended

Constitution of the Standing Rock Sioux Tribe, Article IV, Section 1(a) and (c),

is ~i~owered to negotiate with Federal, State, local governments and others on

behalf of the Tribe, to pranote and protect the health, education and general

welfare of the members of the Tribe and to administer services that nay

contribute to the social and econanic advancement of the Tribe and its members;

and

WHEREAS, the Standing Rock Sioux Tribe has determined that gaming is a valid

means of prar~ting econcxnic develo~nent and the health and welfare of tribal

members; and

WHEREAS, the Standing Rock Sioux Tribe has entered c~r~acts with the States of

North Dakota and South Dakota which provide for the operation of Class III

gaming, and

WHEREAS, federal regulations require that the Tribe designate an agent for the

service of any official determination, order, or notice of violation by the

National Indian Gaming Cciimission.

NC~1 THEREFORE BE IT~ RESOLVED, that the Standing Rock Sioux Tribal Council hereby

designates the Tribal Chairman, Box D, Fort Yates, North Dakota 58538, as the

agent for the Standing Rock Sioux Tribe for the purposes of receiving service of

any gaining related notice in accordance with federal regulations; and

BE IT FURTHER RESOt~VED, that this Resolution is for purposes of designating an

agent only for the purpose specified, and no other purpose.

BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Tribal Council are

hereby authorized and instructed to sign this Resolution for and on behalf of the

Tribe.

CERTIFICATION

We, the undersigned Chairman and Secretary of the Standing Rock Sioux Tribal

Council, do hereby certify that the Tribal Council is ccuiposed of 17 n~nbers, of

whan 16 constituting a quorum, were present at a meeting thereof, duly and

regularly called, noticed, and convened and held on the23rd day of APRIL 1993,

and that the foregoing resolution was duly adopted by the affirmative vote of

14 rr~ribers, with 1 opposing, and 1 not voting. The Chairmans vote

is not required except in case of a tie.

Dated this 23~ d~y of APRIL 1993.

ATrEST:

~JJ~e~A~

Elaine

F~1~L4A~44~J

~4cLaughlin, Secret y

Standing Rock Sioux Tribal Council

Standing Rock

(OFFICIAL SEAL)
RESOLUTION NO. 2 76-93

BE IT ENACTED, That Title XXIII, Licensing and Regulation of Bingo

and Other Games of Chance, of the Tribal Code of Justice, be and

the same is hereby amended as follows:

1. Section 23-402 is amended to read as follows:

Section 23-402. Sole Proprietary intereBt

In compliance with 25 U.S.C. 2710 (b) (2) (A), the

Tribe or a tribal subdivision shall have the sole

proprietary interest and responsibility for the

conduct of any gaming activity on the Reservation.

Ownership of any Class II or III game by any other

entity or individual is prohibited.

2. Section, 23-504 (b) (5) is amended to read as follows:

5. A description of any current or previous

business relationships with Indian tribes,

including ownership interests in those

businesses;

3. Section 23-504 (b) (6) is amended to read as follows:

6. A description of any current or previous

business relationships with the gaming industry

generally, including ownership interests in

those businesses;

4. Section 23-504 (b) is amended to add a new subsection

10 to read as follows:

10. Por each criminal charge (excluding minor

traffic charge) within 10 years of the date of

application, other than those listed in

response to Sections 23-504 (b) (8) or (b) (9)

of this Ordinance, the charge, the name and

address of the Court involved, and the date and

disposition of the charge.

5. Section 23-504 (b) is amended by renumbering subsections

10, 11, 12, and 13, as subsections 11,12,13, and 14

respectively.

6. The first section of Section 23-603 is amended to read as

follows:

The Tribe shall submit to the National Indian Gaming

Commission for approval any management contract for the

operation of a Class II or Class III game.
PAGE TWO

RESOLUTION NO. 276-93

BE IT RESOLVED, That pursuant to the power vested in the Tribal

Council Under the Constitution of the Standing Rock Sioux Tribe,

that the foregoing Resolution No.276-93 amending Title XXIII,

Licensing and Regulation of Bingo and Other Games of Chance, be and

the same is hereby enacted.

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

Tribal Council be authoized and instructed to sign this resolution

for and on behalf of the Standing Rock Sioux Tribe.

CERTIFICATION

we, the undersigned, Chairman and Secretary of the Tribal Council

of the Standing Rock Tribe, hereby certify that the Tribal Council

composed of 17 members of which j~, constituting a quorum were

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

and convened and held this lth day of October 1993, that the

foregoing resolution was duly adopted by the affirmative vote of ~

members, with Q opposing, with ~ not voting. The Chairmans vote

is not required except in the case of a tie.

DATED THIS 1tfl DAY OF October 1993.

ATTEST:

Elaine McLaughlin S~cretary

Standing Rock Sioux Tribe

(OPPICIAL SE~L)
Ordinance 150

Title XXIII, Licensing and Regulation of Bingo and Other Games

of Chance, of the Tribal Code of Justice is hereby repealed and

replaced with the following:

Chapter 1: Findings

Section 23101 The Tribal Council finds

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

the Tribe and tribal subdivisions is a valid means of promoting

tribal economic development and the health and welfare of tribal

members;

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

States Supreme Court in California v. Cabazon Band of Mission

Indians 94 L.Ed.2d 244 (1987), Indian tribes have the exclusive

right to regulate gaming activity on Indian lands if the activity

is not specifically prohibited by federal law and is conducted

within a state which does not criminally prohibit the activity;

(c) That the United States Congress has enacted the

Indian Gaming Regulatory Act, 25 U.S.C. §2701 ~ ~g., providing

for certain federal regulation of Indian gaming;

(d) That tribal regulation of gaming activity on the

Reservation is vital to the protection of trust lands on the

Reservation and to the protection of the interests of the Tribe and

its members;
(e) That the Tribe has entered into tr~ba1-state

compacts with the State of North Dakota and the State of South

Dakota which provide for the operation of Class III gaming.

Chapter 2: Definitions

Section 23201 Class I gaming

Class I gaming means:

(a) Social games played solely for prizes of minimal

value.

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

part of tribal ceremonies, celebrations, or powwows.

Section 23202 Class II gaming

The term Class II 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 covers such numbers or designations

when objects, similarly numbered or designated, are drawn or

electronically determined, and in which the game is won by the

first person covering a previously designated arrangement of

numbers or designations on such cards.

Electronic, computer or technological aides  such as

computergenerated number sequences  can be used in connection

with Class II bingo, so long as all players are playing against

each other to achieve the same sequences.

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(b) Other games of chance

Games similar to bingo, including, if played at the same

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

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

symbols determined by chance, and nonbanking card games.

Section 23203 Class III gaming

Class III gaming means all forms of gaming that are not

Class I or Class II gaming, including:

(a) Electronic or electromechanical facsimiles of any

game of chance or slot machines of any kind.

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

against the house, including baccarat, chemin de fer, and

blackjack.

Section 23204 Traditional forms of Indian gaming

Traditional forms of Indian gaming means:

(a) Gaming activities such as stick or bone games

played as part of tribal ceremonies, celebrations, or powwows.

(b) Games such as rodeos or horse races, including those

for which purses or prizes are awarded, that are played as part of

tribal ceremonies, celebrations, or powwows. This does not

include games operated prior to a ceremony, celebration, or powwow

for the purpose of raising funds for the ceremony, celebration, or

powwow; these are considered Class II games unless they meet the

definition set forth in Section 205, below.

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Section 23205 Social games for prizes of minimal value

Social gaines for prizes of minimal value means games in

which the total value of prizes awarded during the calendar year

does not exceed $10,000.

Section 23206 Tribal subdivision

Tribal subdivision means:

(a) The districts, as set forth in Article III, Section

2 of the Constitution of the Standing Rock Sioux Tribe.

(b) Nonprofit entities organized to raise funds and

operate programs to promote the health and welfare of tribal

members and/or to organize and operate ceremonies, celebrations,

and powwows.

(c) Tribal school boards.

Section 23207 Net revenues

Net revenues means gross revenues of a gaming activity less

(i) amounts paid out as, or paid for, prizes and (ii) total

operating expenses, except that management fees shall not be

deducted to determine net revenues.

Section 23208 Primary management official

Primary management official means (1) any person having

management responsibility for a management contract; (2) any person

who has authority to hire and fire employees or to set up working

policy for a gaming operation, or (3) the chief financial officer

or other person who has financial management responsibility.

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Section 23209 Key employee

Key employee means (1) a person who performs one or more of

the following functions: bingo caller, counting room supervisor,

chief of security, custodian of gaming supplies or cash, floor

manager, pit boss, dealer, croupier, approver of credit or

custodian of gambling devices including persons with access to cash

and accounting records within such devices; or (2) if not otherwise

included, any other person whose total cash compensation is in

excess of $50,000 per year, or (3) if not otherwise included, the

four most highly compensated persons in a gaming operation.

Section 23-210 North Dakota Compact

North Dakota Compact means the document entitled Tribal

State Compact for Control of Class III Games of Chance, Standing

Rock Sioux in North Dakota, entered into between the Standing Rock

Sioux Tribe and the State of North Dakota.

Section 23-211 South Dakota Compact

South Dakota Compact means the document entitled Gaming

Compact Between the Standing Rock Sioux Tribe and the State of

South Dakota, entered into between the Standing Rock Sioux Tribe

and the State of South Dakota.

Section 23212 Act

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

~ ~q.

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Section 23-213 North Dakota portion of the Reservation

North Dakota portion of the Reservation means that portion

of the Standing Rock Sioux Reservation which lies within the

boundaries of the State of North Dakota.

Section 23214 South Dakota portion of the Reservation

South Dakota portion of the Reservation means that portion

of the Standing Rock Sioux Reservation which lies within the

boundaries of the State of South Dakota.

Section 23-215 Commission

Commission means the Standing Rock Gaming Commission

established pursuant to Chapter 3 of this Ordinance.

Section 23-216 National Indian Gaming Commission

National Indian Gaming Commission means the National Indian

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

Section 23-217 Tribe

Tribe means the Standing Rock Sioux Tribe.

Chapter 3: Tribal Gaming Commission

Section 23-301 Establishment

There is hereby established the Standing Rock Gaming

Commission (Commission), an agency of the Tribe, consisting of a

Chairman and eight other members.

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Section 23302 Function

The Commission shall have the following powers and duties:

(a) The Commission shall have primary responsibility for

oversight of tribal gaming operations to ensure the integrity of

such operations and thereby shall monitor and regulate all gaming

authorized under this Ordinance;

(b) TI~ie Commission may on its own initiative investigate

any aspect of an~ gaming operation on the Reservation or purporting

to operate unde~- this Ordinance in order to protect the public

interest in the integrity of such gaming operation and to prevent

improper or unlawful conduct, and shall investigate any report of

a failure of a gaining operation to comply with the provisions of

this Ordinance,~ federal law, or any applicable tribal-state

compact, and may require any such gaming operation to take any

corrective action deemed necessary by the Commission upon such

terms and conditions as the Commission may determine to be

appropriate.

(c) The Commission shall review all license applications

and determine whether the application is complete and in compliance

with the Ordinance, and whether such license should be issued, and

shall further del~ermine if any license so issued shall be revoked,

suspended, or re~-iewed, as appropriate;

(d) Tile Commission shall collect any fees required to be

paid under this Ordinance;

(e) The Commission shall establish a mechanism for

reviewing and investigating public comments or complaints regarding

gaining conducted~pursuant to this Ordinance.

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(f) The Commission may impose civil penalties for

violations of this Ordinance.

(g) The Commission may, in the name of the Tribe, bring

any civil action or criminal complaint in any court of competent

jurisdiction to enforce the provisions of this Ordinance or to

enjoin or otherwise prevent any violation of this Ordinance, the

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

occurring or threatened to occur.

(h) The Commission shall adopt an annual operating

budget which shall be subject to the approval of the Standing Rock

Sioux Tribal Council and may in accordance with such budget employ

such staff from time to time as it deems necessary to fulfill its

responsibilities under this Ordinance, and may retain professional

services including investigative services to assist the Commission

with respect to any issues over which the Commission exercises

jurisdiction.

(i) The Commission shall promulgate such regulations as

it deems necessary in order to implement and enforce the provisions

of this Ordinance.

Section 23303 Appointment of members

One Commission member must be a resident of each District of

the Reservation. Each District shall recommend persons to serve as

Commission member from that District. The Chairman and members of

the Commission shall each be appointed by majority vote of the

Tribal Council. The Chairman of the Commission may reside anywhere

on the Reservation.

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Section 23304 Terms

The initial members of the Commission shall serve as follows:

(a) Four members shall serve through January 1, 1995.

(b) Four members shall serve through January 1, 1996.

(c) The Chairman shall serve through January 1, 1997.

Thereafter all terms shall be for three years and until a successor

is appointed and qualified. If a vacancy occurs during a term, the

Council may appoint a successor for the unexpired portion of the

term, with recommendations from the District in which the vacancy

arose.

Section 23305 Qualifications

To be eligible to serve as Chairman or a member of the

Commission, a person shall:

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

public confidence in gaming by the Tribe;

(b) Have sufficient education and work experience to be

able to fulfill the functions of the Commission;

(C) Have no financial stake in any gaming operated under

the Ordinance nor participate as a player in any gaming operated

under this Ordinance. A person has a financial stake in any

gaming operated under the Ordinance if that person, or that

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

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

has invested in, has a direct or indirect financial interest in,

has a management contract in or has any other pecuniary interest

whatever in gaming operated under this Ordinance. Membership in

9
the Tribe does not, in itself, create a financial stake in any

gaming operated under this Ordinance. Employment at a tribally

licensed gaming facility, other than as a primary management

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

grandmother, grandfather, son, daughter, grandson, granddaughter or

first cousin does not create in such person a financial stake in

any gaming operated under this Ordinance.

(ci) Never have been convicted of a felony, or any crime

involving fraud, misrepresentation, moral turpitude or gambling.

Section 23306 Removal and vacancies

Members, including the Chairman, may be removed by a two

thirds vote of the Tribal Council with cause. Vacancies shall be

filled by majority vote of the Council, with recommendations

provided by the Districts from which the vacancy arose.

Section 23307 Meetings

The Commission shall meet as necessary to fulfill its duties

and obligations under this Ordinance, but in no event less

frequently than once per month. Meetings may be called by the

Chairman, or by any three members of the Commission, upon at least

three days written notice to all members. If the Chairman or any

three members certify in writing that a meeting must be held on

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

provided that best efforts must be made to provide the Chairman and

all members with as much advance notice of such meeting as

possible. Five members, or four members and the Chairman, shall

10
constitute a quorum for the transaction of business. The vote of

a majority of the members present at a meeting at which a quorum is

present shall be the act of the Commission.

Section 23-308 Compensation

Members of the Commission shall be paid reasonable mileage for

their participation in Commission meetings. In addition, the

Council may, in its sole discretion, authorize payment of a

reasonable p~ diem not to exceed $30 per day, for participation

in Commission meetings.

Chapter 4: Compliance with the Act

Section 23-401 Applicability

All gaming on the Reservation shall be conducted according to

the provisions of this Ordinance and in compliance with the Indian

Gaming Regulatory Act.

Section 23-402 Sole proprietary interest

In compliance with 25 U.S.C. §2710(b) (2) (A), the Tribe or a

tribal subdivision shall have the sole proprietary interest and

responsibility for the conduct of any gaming activity on the

Reservation. Ownership of any Class II or Class III game by any

other entity or any individual is prohibited. An entity shall be

deemed to have the sole proprietary interest in a game if it has

the authority to direct distribution of the games revenues.

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Section 23403 Use of revenues

In compliance with 25 U.S.C. §2710(b) (2) (B), net revenues from

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

(a) to fund tribal government operations or programs;

(b) to provide for the general welfare of the Indian

tribe and its members;

(c) to promote tribal economic development;

(d) to donate to charitable organizations; or

(e) to help fund operations of local government agencies

of the State and its political subdivisions.

Section 23404 Audits

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

gaming activities shall be subject to an audit by independent

certified accountants, not less than annually. The audit shall

include all contracts for supplies, services or concessions for a

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

professional legal or accounting services) relating to Class II or

Class III gaming. The audit shall be arranged by the licensee

conducting the gaming, who shall provide a copy of the audit to the

Commission upon completion. The Commission shall thereafter

forward the audit report to the Tribal Council and the National

Indian Gaming Commission.

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Section 23405 Environmental and public health and safety

standards

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

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

activities, shall be conducted in a manner which adequately

protects the environment and the public health and safety, and for

that purpose shall comply with all applicable health, safety and

environmental standards enacted by the Tribe. Those standards

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

Dakota relating to public facilities with regard to building,

sanitary, and health standards and fire safety shall be deemed to

be incorporated by this Ordinance as the laws of the Tribe

applicable to gaming facilities of the Tribe on the North Dakota

portion of the Reservation, provided however that such state laws

have no force or effect on the Reservation other than by

incorporation into this Ordinance, and provided further that if an

approved management agreement stipulates that national building,

electric and fire codes apply, then those standards shall be used.

Those standards generally imposed by the laws and regulations of

the State of South Dakota relating to public facilities with regard

to building, sanitary, and health standards and fire safety shall

be deemed to be incorporated by this Ordinance as the laws of the

Tribe applicable to gaming facilities of the Tribe on the South

Dakota portion of the Reservation, provided however, that such

state laws have no force or effect on the Reservation other than by

incorporation into this Ordinance.

13
Section 23-406 Status as a tribal subdivision

Each entity seeking designation as a tribal subdivision for

the purpose of this Ordinance shall file an application with the

Commission. The application shall provide information on the

nature and purpose of the entity and the programs it operates, and

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

to Section 23-403. This requirement is waived for the districts;

these entities shall be designated as tribal subdivisions effective

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

district seeking a license under this Code must specify, in

writing, the members of the District entity responsible for gaming

by that District. The decision of the Council on any application

shall be final. Tribal subdivisions shall be eligible for Class II

gaming only.

Section 23-407 Licenses for gaming activities

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

or location where gaming is conducted. For each location licensed,

a sworn application must be filed by the Tribe or the sponsoring

organization that contains a full and complete showing of the

following:

(a) Satisfactory proof that the sponsoring organization

(if other than the Tribe) is of good character and reputation among

the people of the Reservation, with particular reference to the

Indian people, and that it is financially responsible.

(b) A description of the premises in which the game is

to be held, and proof that the applicant is the owner of such

14
premises, or lessee of such premises, for at least the term of the

license.

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

all applicable provisions of this Title and all conditions of the

tribal license.

(d) Satisfactory proof that no employees of the

applicant has ever been convicted of a felony.

(e) Satisfactory proof that notice of the application

has been posted in a prominent, noticeable place in the Tribal

Office and on the premises where the game is to be held for at

least 30 days prior to consideration by the Commission, and

published at least twice in a local newspaper serving the

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

the application shall be considered by the Tribal Gaming

Commission.

Section 23408 License fees and duration of license

(a) Each application for a license under this Section

shall be accompanied by an application fee of $50, provided however

that the Tribe shall not be required to pay any such fee. In

addition, each licensee, other than the Tribe, shall pay to the

Tribal Gaming Commission a fee according to the following schedule:

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

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

$250,000; and

-

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

15
Such fees shall be paid to the Commission by the last day of each

month for the previous months net revenues.

(b) Where the Tribe is the licensee, and the Tribe

retains a management contractor pursuant to Chapter 6 of this

Ordinance, the management contractor shall pay an annual license

fee of $10,000.00. The first such license fee shall be due prior

to the contractor operating any Class III games. Thereafter, such

license fees shall be due on December 31 of each year for the

following calendar year.

(c) Fees collected by the Commission under this section

shall be used to administer this Code, including monitoring

tribally licensed gaming, performing required audits, and

maintaining a reserve fund sufficient to protect tribally licensed

gaming in the event of litigation or other expenses of the

Commission. Such reserve fund shall be maintained in an amount

determined by the Commission, but not less than $30,000. The

reserve fund may be invested, but may not be spent for purposes

other than those relating to tribal gaming.

(d) Each license shall expire on December 31 of the

calendar year in which it is issued, and may be renewed by the

Commission upon proper application.

Section 23-409 Hearing on application for a license

(a) All applications for a gaming license shall be

considered by the Gaming Commission in open session at which the

applicant, his attorney and any person protesting the application

shall have the right to be present, and to offer sworn oral or

16
documentary evidence relevant to the application. After the

hearing, the Commission shall determine whether to grant or deny

the application, based on the Commissionts determination of the

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

shall be final.

(b) Existing licensees shall have no vested right to

have their licenses renewed or extended, and compliance with this

Ordinance does not guarantee an existing licensee a renewal or

extension. In each case, the Commission shall, in the exercise of

its discretion, make its determination based on all the evidence

presented to it, provided that, with respect to Class III gaming

operated under a management contract, the Commission shall not

revise or fail to renew a license except on grounds permissible

under such management contract.

Section 23-410 Conditions of the tribal license

Any tribal license issued under this Title shall be subject to

such reasonable conditions as the Gaming Commission shall fix,

including, but not limited to the following:

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

clean, and neat establishment, both inside and outside the licensed

premises.

(b) The licensed premises shall be subject to patrol by

the tribal and BIA police force, for the purpose of enforcing

tribal law, and the licensees shall cooperate at all times with

such police and law officers.

17
(c) The licensed premises shall be open to inspection by

duly authorized tribal officials and officials of the National

Indian Gaming Commission at all times during the regular business

hours.

(d) There shall be no discrimination in the operations

under a tribal license by reason of race, color or creed, age, sex,

or national origin, provided, however, that a licensee shall give

a preference in employment to Indians.

(e) No operator shall allow a person who manages or

receives any compensation, directly or indirectly, for the

operation of any Class II game of chance conducted by the operator

to play in that game or other game of chance while on duty. No

operator shall allow any person who, without payment, assists in

the operation of any Class II or Class III game of chance conducted

by the operator, to play in any game conducted by the operator

within 24 hours after the time said person did so assist. No

operator shall allow any person who receives any compensation,

directly or indirectly, for the operation of a Class III game, to

play any Class III game conducted by the operator.

(f) No beverage containing alcohol, including but not

limited to, beer or liquor, shall be offered or awarded as a prize

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

authorized by this Ordinance.

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

discharging dangerous projectiles, includes but not limited to

b.b. ~5 or C02 guns, rifles, shotguns, pistols, or revolvers; shall

18
be offered or awarded as a prize or in lieu of a prize for winning

at any of the activities authorized by this Ordinance.

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

authorized by this Ordinance shall, directly or indirectly, in the

course of such operation, employ any device, scheme, or artifice to

defraud make any untrue statement of a fact, or omit to state a

fact necessary in order to make a statement not misleading in

consideration of the circumstances under which such statement was

made, or engage in any act, practice, or course of operation as

would operate as a fraud or deceit upon any person.

(i) All licensees shall comply with all applicable

requirements of the federal Internal Revenue Code.

Section 23-411 Assignment or transfer

No license issued under this Ordinance shall be assigned or

transferred without the written approval of the Commission and the

Tribal Council, both expressed by formal resolution.

Section 23412 Cancellation and suspension

The licensee must have, and exercise, complete control over

the premises being used for gaming at all times said games are

being played. The licensee, the manager, and the employees shall

be legally responsible for any violation of the Ordinance. Any

license issued hereunder may be canceled by the Commission for the

breach of any of the provisions of this Ordinance or of the tribal

license, upon hearing before the Commission, after 10 days notice

of the claimed breach to the licensee. If the Tribe is the

19
licensee, notice shall be served on the manager of the tribal

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

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

serving the Reservation. The licensee, manager, their attorney and

any person affected by the license shall have the right to be

present and to offer sworn oral or documentary evidence relevant to

the breach charged. A license may be suspended during the 10 day

period by a three-quarters vote of the Commission at a meeting at

which a quorum is present. The decision of the Commission shall be

final.

Section 23413 Report to the Commission

Each licensee shall submit to the Commission, on a quarterly

basis, a financial report for the previous quarters operations.

Such reports shall be signed, under oath, by an official or

representative of the licensee, who in the case of a tribal

operation shall be the operations manager. The reports shall

document:

(a) Gross receipts for each month.

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

compensation paid to each.

(c) All expenses in the operation of the facility,

specifying all payments to vendors and contractors.

(d) The amount paid in prizes each month.

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

operations, including any interest received on such deposits.

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

20
(g) All expenditures of net proceeds including the

amount, person or organization paid, date, and purpose of such

expenditures.

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

required forms.

Chapter 5: Background investigations and licensing of

key employees and primary management personnel

Section 23501 License required

All primary management officials and key employees of any

gaming facility on the Reservation or licensed under this Ordinance

shall be required to obtain a gaming employment license from the

Commission prior to the commencement of employment.

Section 23502 Background investigation

As part of the licensing process, each prospective primary

management official and key employee shall be subject to a

background investigation prior to hiring. For Class III gaming

conducted in North Dakota, the investigation shall be conducted by

the State of North Dakota. For Class III gaming conducted in South

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

Dakota. Any costs of such investigations shall be paid by the

applicant. In addition, the Commission may conduct its own

investigation on any applicant for such license, with the costs

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

Reservation, the investigation shall be conducted by the licensee

or, at its discretion, by the Commission. Each applicant for a

21
license regarding Class II or Class III employment shall execute a

release permitting the appropriate State or the Commission to

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

address and social security number.

Section 23-503 Licensing standard

No one shall be issued a license to serve as a primary

management official or key employee if he or she (1) has been

convicted of a federal, state or tribal felony or released from

parole or probation or incarcerated within five years of the

commencement of his or her employment with the Tribe, (2) has been

convicted of a felony or misdemeanor involving fraud,

misrepresentation or gambling, (3) has been found to be not a

person of good character, honesty and integrity or a person whose

prior activities, criminal record, reputation, habits, and

associations pose a threat to the public interest of the Tribe or

the State of North Dakota or the State of South Dakota or to the

effective regulation and control of gaming, or create or enhance

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

and activities in the conduct of gaming or the carrying on of the

business and financial arrangements incidental to the conduct of

gaming, or (4) has been found to have participated in organized

crime or unlawful gambling.

Section 23504 ApplIcation for license

(a) Each primary management official and key employee shall,

at the time of their hiring but prior to commencing employment,

22
fill out an application for a tribal license to be provided by the

Commission. Each such application shall have printed on it the

following notices:

1. Privacy notice:

In compliance with the Privacy Act of 1974, the following

information is provided: Solicitation of the information

on this form is authorized by 25 U.S.C. §~27Ol ~ ~q.

The purpose of the requested information is to determine

the eligibility of individuals to be employed in a gaming

operation. The information will be used by National

Indian Gaming Commission members and staff who have need

for the information in the performance of their official

duties. The information may be disclosed to appropriate

Federal, Tribal, State, local or foreign law enforcement

and regulatory investigations and prosecutions or when

pursuant to a requirement by a tribe or the National

Indian Gaming Commission in connection with the hiring

and firing of an employee, the issuance or revocation of

a gaming license, or investigations of activities while

associated with a tribe or a gaming operation. Failure

to consent to the disclosures indicated in this notice

will result in a tribes being unable to hire you in a

primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result

in errors in processing your application.

23
2. Notice regarding false statements:

A false statement on any part of your application may be

grounds for not hiring you, or for firing you after you

begin work. Also, you may be punished by fine or

imprisonment (U.S. Code, title 18, section 1001).

(b) The applicant will provide the following information:

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

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

gender, all languages (spoken or written);

2. For the previous five years: business and employment

positions held, ownership interests in those businesses, business

and residence addresses, and driver license numbers;

3. The names and current addresses of at least three

personal references, including one personal reference who was

acquainted with the applicant during each period of residence

listed in subparagraph 2;

4. Current business and residence telephone numbers;

5. A description of any previous business relationships

with Indian tribes, including ownership interests in those

businesses;

6. A description of any previous business relationships

with the gaming industry generally, including ownership interests

in those businesses;

7. The name and address of any licensing or regulatory

agency with which the applicant has filed an application for a

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

permit was granted;

24
8. For each felony for which there is an ongoing

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

the court involved, and the date and disposition, if any;

9. For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic violations) within

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

the court involved and the date and disposition;

10. 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;

11. A photograph;

12. Fingerprints; and

13. Any other information which, in a particular case,

the Commission deems relevant.

Section 23-505 Determination of Eligibility

On the basis of the information received under subparagraph

(b) of Section 23-504, and the background investigation conducted

by the appropriate State, the Commission shall consider the

applicant for a license. Upon a vote of a majority of its members,

including the Chairman, the Commission shall make a determination

of the applicantts eligibility for a license, pursuant to the

standards set forth in Section 23-503. Notwithstanding any other

provision, any person who supplies materially false or misleading

information, or who has omitted material information in connection

with the requirements of this Chapter, shall be denied a license.

25
Section 23506 Issuance of license

When the Commission determines that an applicant is eligible

for a license, it shall promptly forward its determination and the

results of its investigation to the National Indian Gaming

Commission. The information forwarded to the Commission shall

include the notices set forth in Section 23504(a) (1) and (a)(2),

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

background investigation under 23-502. If, at the conclusion of

the 30day period beginning when the National Indian Gaming

Commission receives the report submitted pursuant to this

subparagraph, the National Indian Gaming Commission has not

notified the Tribal Commission that it has any objections, the

Tribal Commission may issue the license to the applicant. If the

National Indian Gaming Commission informs the Tribal Commission

that it objects to issuance of the license, the Tribal Commission

shall reconsider the application in lig1~t of the National Indian

Gaming Coinmissionts objections. The Tribal Commission shall make

the final decision on whether to issue such license.

Section 23507. Duration of license

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

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

information produced during the original investigation. The

Commission shall conduct a review to determine that each licensee

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

Commission finds that the licensee continues to meet the standards,

it shall renew the license for an additional year. Notice of any

26
such renewals shall be forwarded to the National Indian Gaming

Commission.

Section 23508. Effect of license denial

No person denied a license under this Chapter shall be

employed in any capacity at a tribally authorized gaming facility,

provided that such person shall be eligible to reapply for a

license one year or more after the license denial.

Section 23509. Hearings

Any person who applies for a license under this Chapter may

request a hearing before the Commission on its license application.

The Commission may grant such a request for a hearing in its sole

discretion, provided that, if the hearing is requested by a person

or entity whose application under this chapter has been denied by

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

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

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

be present, be represented by counsel at the applicantts own

expense, to review all evidence before the Commission on the

application, and to present additional oral or documentary evidence

in support of the application. The decision of the Commission

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

hearing.

27
Section 23510. License Suspension

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

Commission receives reliable information that a key employee or

primary management official is not eligible for employment under

this Chapter, the Commission shall suspend the license and notify

the licensee in writing of the suspension and proposed revocation.

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

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

place of the hearing. At the hearing, the licensee shall be

entitled to the rights specified in Section 23-509.

(c) After a revocation hearing, the Commission shall

determine, based on the evidence presented at the hearing, whether

to revoke or reinstate the license. If the licensee continues to

meet the standards of Section 23-503, the license shall be

reinstated. If not, the license shall be revoked.

Chapter 6: Management contractors

Section 23-601 Management contracts allowed

Subject to the approval of the Tribal Commission and the

National Indian Gaming Commission, a licensee may enter a

management contract for the operation and management of gaming

activities.

28
Section 23602 Standard for approval

The Commission shall not approve any management contract

unless its terms include:

(a) Adequate accounting procedures to be maintained by

the contractor and verifiable financial reports submitted to the

licensee and the Commission on a monthly basis.

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

appropriate officials of the licensee and the Commission, who shall

also have the right to verify the daily gross revenues and income

made from the gaming activity.

(c) A minimum guaranteed payment to the licensee that

has preference over the retirement of development and construction

costs.

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

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

revenues of the gaming activity.

(f) Grounds and mechanisms for terminating the contract.

Section 23-603 Submission to the National Indian Gaming

Commission

The Tribe shall submit to the National Indian Gaming

Commission for approval any management contract for the operation

or management of a Class III game. The Tribe shall submit with the

contract all information required by the National Indian Gaming

Commission for its review of the contract.

29
Section 23604. Licenses required

All persons or entities 1) with a financial interest in or

having a management responsibility for a Class III management

contract, or 2) which are vendors to a Class III gaming operation

under this Ordinance shall be required to obtain a license from the

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

or having a management responsibility for a Class III management

contract, the initial license fee shall be $1000, and the renewal

license fee shall be $500. For each vendor to a Class III gaming

operation, the annual license fee shall be $2,500.

Section 23605. Background investigation

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

a financial interest in or having a management responsibility for

a management contract and each vendor shall be subject to a

background investigation. For Class III gaming conducted in North

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

Dakota. For Class III gaming conducted in South Dakota, the

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

costs of such investigation shall be paid by the applicant. In

addition, the Commission may conduct its own investigation on any

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

applicant for a license shall execute a release permitting the

appropriate State or the Commission to conduct such investigation,

and shall provide his or her full name, address and social security

number.

30
Section 23606. Licensing standard

No person or entity shall be issued a license under this

Chapter if that person or entity (or a principal of such entity)

(1) has been convicted of a federal, state or tribal felony or

released from parole or probation or incarcerated within five years

of the application date, (2) has been convicted of a felony or

misdemeanor involving fraud, misrepresentation or gambling, (3) has

been found to be not a person of good character, honesty and

integrity or a person or entity whose prior activities, criminal

record, reputation, habits, and association pose a threat to the

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

State of South Dakota or to the effective regulation and control of

gaming, or create or enhance the dangers of unsuitable, unfair or

illegal practices, methods, and activities in the conduct of gaming

or the carrying on of the business and financial arrangements

incidental to the conduct of gaming, or (4) has been found to have

participated in organized crime or unlawful gambling.

Section 23607. Application for license

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

management responsibility for a Class III management agreement

shall fill out an application for a tribal license to be provided

by the Commission. Each such applicant sign and submit the

following statements:

1. Privacy notice:

Solicitation of the information in this section is

authorized by 25 U.S.C. 2701 et seq. The purpose of the requested

31
information is to determine the suitability of individuals with a

financial interest in, or having management responsibility for, a

management contract. The information will be used by the National

Indian Gaming Commission members and staff and Indian tribal

officials who have need for the information in the performance of

their official duties. The information may be disclosed to

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

regulatory agencies in connection with a background investigation

or when relevant to civil, criminal or regulatory investigations or

prosecutions or investigations of activities while associated with

a gaming operation. Failure to consent to the disclosures

indicated in this statement will mean that the Chairman of the

National Indian Gaming Commission will be unable to approve the

contract in which the person has a financial interest or management

responsibility.

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

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

in processing the information provided.

2. Notice regarding false statements:

a. Applicant shall sign and submit the following

statement:

A false statement knowingly and willfully provided in any

of the information pursuant to this section may be

grounds for not approving the contract in which I have a

financial interest or management responsibility, or for

the disapproving or voiding such contract after it is

32--
approved by the Chairman of the National Indian Gaming

Commission. Also, I may be punished by fine or

imprisonment (U.S. Code, title 18, section 1001).

b. Each person seeking a license under this

Chapter shall provide the following information:

1. Full name, other names used (oral or

written), social security number(s), birth date, place of birth,

citizenship, and gender;

2. A current photograph, drivers license

number, and a list of all languages spoken or written;

3. For the previous ten years: business and

employment positions held, ownership interests in those businesses,

business and residence addresses, and driver license numbers, and

the city, state and country of residence from age 18 to the

present;

4. The names and current addresses of at

least three personal references, including one personal reference

who was acquainted with the applicant at each different residence

location over the past five years;

5. Current business and residence telephone

numbers;

6. A description of any previous business

relationships with Indian tribes, including ownership interests in

those businesses;

7. The name and address of any licensing or

regulatory agency with which the applicant has filed an application

33
for a license or permit related to gaming, whether or not such

license or permit was granted;

8. For each gaming offense and each felony

for which there is an ongoing prosecution or a conviction, the

charge, the name and address of the court involved, and the date of

the charge and of the disposition;

9. For each misdemeanor or other conviction

or ongoing misdemeanor or other prosecution (excluding minor

traffic violations) within 10 years from the date of the

application, the name and address of the court involved and the

dates of prosecution and of the disposition;

10. The name and address of any licensing or

regulatory agency with which the person has filed an application

for an occupational license or permit, whether or not such license

of permit was granted;

11. A photograph;

12. Fingerprints;

13. A complete and current financial statement

showing all sources of income for the previous three (3) years, and

costs, liabilities, and net worth as of the date of the submission;

14. Any other information which, in a

particular case, the Commission deems relevant.

Section 23608. Determination of Eligibility

On the basis of the information received under subparagraph

(b) of Section 23-607, and the background investigation conducted

by the appropriate State, the Commission shall consider the

34
application for a license. Upon a vote of a majority of its

members, including the Chairman, the Commission shall make a

determination of the applicant~s eligibility for a license,

pursuant to the standards set forth in Section 23606.

Notwithstanding any other provision, any person or entity which

supplies materially false or misleading information, or who has

omitted material information in connection with the requirements of

this Chapter, shall be denied a license.

Section 23609. Issuance of license

When the Commission determines that a person or entity with a

financial interest in or having a management responsibility for a

Class III management agreement is eligible for a license, it shall

promptly forward its determination and the results of its

investigation to the National Indian Gaming Commission. If, at the

conclusion of the 30day period beginning when the National Indian

Gaming Commission receives the report submitted pursuant to this

subparagraph, the National Indian Gaming Commission has not

notified the Tribal Commission that it has any objections, the

Tribal Commission may issue the license to the applicant.

Section 23610. Duration of license

Each license under this Chapter shall be effective for a

period of one year. Prior to the expiration of the license, the

license shall update the information produced during the original

investigation. The Commission shall conduct a review to determine

that each license continues to meet the standards of Section 23

35-.
606. If the Commission finds that the licensee continues to meet

the standards, it shall renew the license for an additional year.

Notice of any such renewals shall be forwarded to the National

Indian Gaming Commission.

Section 23611. Hearings

Any person or entity which applies for a license under this

Chapter may request a hearing before the Commission on its license

application. The Commission may grant such a request for a hearing

in its sole discretion, provided that, if the hearing is requested

by a person or entity whose application under this chapter has been

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

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

At any hearing under this section, the applicant shall have the

right to be present, be represented by counsel at the applicants

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

application, and to present additional oral or documentary evidence

in support of the application. The decision of the Commission

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

hearing.

Section 23612. License Suspension

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

Commission receives reliable information that such person or entity

is not eligible for a license under this Chapter, the Tribe shall

suspend the license and notify the licensee in writing of the

36
suspension and proposed revocation. Such suspension shall not

extend beyond 7 days without a hearing.

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

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

the rights specified in Section 23-611.

(c) After a revocation hearing, the Commission shall

determine, based on the evidence presented at the hearing, whether

to revoke or reinstate the license. If the licensee continues to

meet the standards of Section 23-609, the license shall be

reinstated. If not, the license shall be revoked.

Section 23613. Definitions

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

entities with a financial interest in, or having management

responsibility for, a management contract means:

(1) Each person with management responsibility for a

management contract;

(2) Each person who is a director of a corporation that

is a party to a management contract;

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

indirect financial interest in a management contract;

(4) Any entity with a financial interest in a management

contract;

(5) Any other person with a direct or indirect financial

interest in a management contract.

37
(b) For purposes of this Chapter vendor means: i) any

person or entity providing Class III gaming equipment to a gaming

operator under this Ordinance in a total amount exceeding

$50,000.00 in a twelve-month period, or ii) any other person or

entity which provides goods or services (other than accounting or

legal services) to a gaming operator, provided that,

notwithstanding any other provision of this Ordinance, a vendor as

defined under this subsection ii) shall be required to obtain a

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

discretion, specifically so requires.

Chapter 7: Class II Gaming

Section 23701 Conditions

The following conditions and restrictions shall apply to the

conduct of Class II gaming, including bingo:

(a) No person who is under the age of 16 shall

participate or play in any Class II game of chance. No person

under the age of 16 shall be allowed on premises where Class II

games are being conducted unless that person is accompanied by a

member of his immediate family or guardian who is not younger than

18 years of age. It shall be the responsibility of the licensee

and of those persons physically operating the games to determine

that no unauthorized person is allowed to play in or participate in

any manner in the operation of any bingo game.

(b) All Class II licensees shall impose a uniform charge

on all players for the bingo cards to be used in each bingo game.

The rate to be charged players for cards shall be fixed by each

38
licensee and posted conspicuously on the premises. No person shall

be allowed to play in a game without first paying this uniform

charge. Each person paying for the opportunity to participate in

a bingo game shall be given a bingo card which shall be numbered

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

card issued shall represent a specific amount of money which has

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

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

prior to anyone paying to participate in the activity.

(C) Bingo cards shall be sold and paid for, only in advance

for use in a specified game or games. All sales of bingo cards

shall take place upon the premises and upon the occasion that the

bingo games for which the card is being sold are conducted. No

cards may be sold on credit or as a gift or loan of any kind

whatever.

(d) Each numbered ball, or other advice, used in a bingo game

for the selection of numbers to be called in play shall be the same

weight as each of the other balls or devices used for the purpose

in that game. Immediately following the calling of each number in

a bingo game, the caller shall turn the portion of the ball or

other device used to determine which number is called which shows

the number and letter to the participants in the game so that

participants may know that the proper number has been called out.

Nothing in this section shall prohibit the use of electronic,

computer or other technological aids in games of bingo or other

games of chance provided that such aids are used properly and

fairly.

39
Chapter 8: Class III Gaming

Section 23801 Applicability

In addition to the forms of Class II gaming authorized

pursuant to Chapter 7, the Tribe shall be authorized to conduct

certain specified forms of Class III gaming. This chapter imposes

conditions and regulations on Class III gaming in addition to the

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

Reservation.

Subchapter A: Gaming in North Dakota

Section 23-802 Applicability

This subchapter applies to Class III gaming, as defined in

Section 23203 of this Ordinance and in the Indian Gaming

Regulatory Act at 25 U.S.C. §2703(8), that occurs on lands within

the State of North Dakota which are on the Standing Rock Sioux

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

individual Indians or are otherwise subject to the jurisdiction of

the Standing Rock Sioux Tribe.

Section 23-803 Governing law

Class III gaming under this subchapter shall be governed by

and conducted in conformity with the laws of the Standing Rock

Sioux Tribe, the North Dakota Compact and the laws of the United

States.

40
Section 23804 Adoption of compact

The North Dakota Compact is hereby incorporated within and

enacted as an integral part of this Ordinance with respect to all

forms of Class III gaming, and the Compact is appended to and made

a part of this Ordinance as if set forth in full herein; provided

however, that nothing in the adoption of the North Dakota Compact

herein shall be deemed to affect the operation by the Tribe of

Class III gaming on the South Dakota portion of the Reservation, or

the operation by the Tribe of Class II gaming on any portion of the

Reservation, or to confer upon the State of North Dakota any

jurisdiction over Class II gaming conducted by the Tribe on the

Reservation.

Section 23-805 Types of Class III Games Authorized

The following Class III games are authorized to be operated

and played on the North Dakota portion of the Reservation:

a. video games of chance and electronic slot machines

utilizing a central computer system.

b. paddle wheel

c. blackjack

d. poker, including pai gai poker and caribbean poker

e. keno

f. sports and calcutta pools as defined under North

Dakota law

g. parimutuel and simulcast betting if an agreement

governing such betting is reached between the Tribe and North

Dakota.

4 1
Section 23806 Bet limits

The following bet limits shall apply to the following gaines:

Blackjack $50.00 maximum

Any machine 5.00 maximum

Poker 25.00 maximum (single bet)

50.00 maximum (overall bet)

Paddle wheel 25.00 maximum (single bet)

50.00 maximum (overall bet)

Section 23807 Minimum age requirement

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

Class III gaming on the North Dakota portion of the Reservation.

If any person below the age of 18 plays and qualifies to win any

Class III game, the prize shall not be paid, and the amount wagered

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

Section 23808 Record keeping requirement

Each location which contains video games of chance shall have

an interconnected one-way reporting system which shall provide, for

each machine, periodic analytic reports that record coins in and

coins out, calculate actual hold, and compare actual hold to

theoretical percentages. Reports shall be prepared on at least a

monthly basis and shall be made available for inspection by agents

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

the Tribe for a minimum of three years.

42
Section 23-809 Inspection

Agents of the Commission or the State of North Dakota shall

have the right to gain access, without notice during normal hours

of operation, to all premises used for the operation of Class III

games of chance on the North Dakota portion of the Reservation, or

for the storage of such games and equipment related thereto, and

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

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

Section 23-810 Technical standards

The provisions of Section 6 of the North Dakota Compact,

Technical Standards for Class III Video Games of Chance, are

hereby adopted and incorporated into this Ordinance.

Subchapter B: Gaming in South Dakota

Section 23-811 Applicability

This subchapter applies to Class III gaming, as defined in

Section 23203 of this Ordinance and in the Indian Gaming

Regulatory Act at 25 U.S.C. §2703(8), that occurs on lands within

the State of South Dakota which are on the Standing Rock Sioux

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

individual Indians or are otherwise subject to the jurisdiction of

the Standing Rock Sioux Tribe.

Section 23-812 Governing law

Class III gaming under this subchapter shall be governed by

and conducted in conformity with the laws of the Standing Rock

43
Sioux Tribe, the South Dakota Compact and the laws of the United

States.

Section 23813 Adoption of compact

The South Dakota Compact is hereby incorporated within and

enacted as an integral part of this Ordinance with respect to all

forms of Class III gaming, and the Compact is appended to and made

a part of this Ordinance as if set forth in full herein; provided

however, that nothing in the adoption of the South Dakota Compact

herein shall be deemed to affect the operation by the Tribe of

Class III gaming on the North Dakota portion of the Reservation, or

the operation by the Tribe of Class II gaming on any portion of the

Reservation, or to confer upon the State of South Dakota any

jurisdiction over Class II gaming conducted by the Tribe on the

Reservation.

Section 23-814 Types of Class III Games Authorized

The following Class III games are authorized to be operated

and played on the South Dakota portion of the Reservation:

a. blackjack, as that term is defined in South Dakota

Codified Laws 427B4(3);

b. poker, as that term is defined in South Dakota

Codified Laws 427B4(18);

c. slot machines, as that term is defined in South

Dakota Codified Laws 42-7B-4(2l).

44
Section 23815 Bet limits

Class III gaming operations on the South Dakota portion of the

Reservation may offer the highest bet limits on any game consistent

with the laws of the State of South Dakota and the regulations of

the South Dakota Gaming Commission.

Section 23816 Accounting standards

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

Dakota Rules and Regulations for Limited Gaming are hereby adopted

and incorporated into this Ordinance.

Section 23-817 Minimum age requirement

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

any Class III gaming device in the South Dakota portion of the

Reservation. If any person below the age of 21 plays and qualifies

to win any Class III game, the prize shall not be paid, and the

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

the minor.

Section 23-818 Technical standards for gaming machines

The hardware and software specifications set forth by the

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

and incorporated into this Ordinance. All Class III gaming

machines on the South Dakota portion of the Reservation shall meet

or exceed these standards.

45
Section 23819 Number of gaming devices

The Tribe shall be authorized to operate up to 180 gaming

devices on the South Dakota portion the Reservation, or such

greater amount as may be authorized under the South Dakota compact,

provided however, that any increase or decrease in the gaming

device limitation contained in the laws of the State of South

Dakota will result in a proportional increase or decrease in the

limit of 180 devices permitted under this Ordinance.

Chapter 9: No Credit Extended

Section 23901 No Credit Extended

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

person shall be extended credit for gaming and no licensee shall be

permitted to offer credit for gaming for a fee, provided however

that this section shall not apply to credits won by players who

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

provided further that this section shall not restrict the right of

the Tribe or any other person to offer check cashing or to install

or accept bank card or credit card transactions in the same manner

as would be normally permitted at a retail business.

Chapter 10: Jurisdiction Over Class III Gaming

Section 23-1001 Civil jurisdiction in South Dakota

The Standing Rock Tribal Court shall have civil jurisdiction

exclusive of the State of South Dakota over all transactions or

disputes related to or arising from gaming conducted on the South

Dakota portion of the Reservation, and all disputes related to or

46
arising from this Ordinance on the South Dakota portion of the

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

more persons who are not tribal members shall be heard in the

courts of the State of South Dakota, unless all parties stipulate

the action may be heard in Tribal Court. This provision shall not

be construed as a waiver of sovereign immunity by the Tribe.

Section 23-1002 Civil lurisdiction in North Dakota

The Standing Rock Tribal Court shall have civil jurisdiction

exclusive of the State of North Dakota over all transactions or

disputes related to or arising from gaming conducted on the

Reservation or in North Dakota under this Ordinance.

Section 23-1003 Criminal lurisdiction in South Dakota

The Standing Rock Sioux Tribal Court shall have criminal

jurisdiction exclusive of the State of South Dakota over all

persons who are members of the Tribe in any criminal proceeding

related to or arising from gaming conducted on the Reservation in

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

jurisdiction over persons who are nonmembers of the Tribe in a

criminal proceeding related to or arising from gaming conducted on

the South Dakota portion of the Reservation, to the extent set

forth in the South Dakota Compact.

Section 231004 Criminal lurisdiction in North Dakota

The Standing Rock Sioux Tribal Court shall have criminal

jurisdiction exclusive of the State of North Dakota over all

persons as to whom the Tribe has criminal jurisdiction generally,

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in any criminal proceeding related to or arising from gaining

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

State of North Dakota shall have jurisdiction over persons who are

nonIndians in a criminal proceeding related to or arising from

gaming in North Dakota.

Section 23-1005 Federal jurisdiction

Nothing herein shall be construed to limit or deprive the

federal courts of any civil or criminal jurisdiction which they

might otherwise have.

Chapter 11: Penalties

Section 231101 Criminal penalties

Violation of this Ordinance shall constitute a Class A

misdemeanor.

Section 231102 Civil penalties

Notwithstanding criminal penalties which may be imposed, any

individual who violates any provision of this Ordinance shall be

subject to civil penalties including exclusion from employment by

any Tribal gaming enterprise, exclusion from attendance at any

Tribal gaming facility, or exclusion from the Reservation if a non

member of the Tribe. The Commission shall have the jurisdiction to

impose any such civil penalty on any person within the jurisdiction

of the Tribe to impose such penalty.

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Chapter 12: Customer Disputes

Section 231201 Customer Disputes

Any person who has any dispute, disagreement or other

grievance that involves currency, tokens, coins or any other thing

of value and is between the customer or player and a tribally

licensed gaming facility, may raise such dispute with the following

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

the facility, b) the supervisor in the area in which the dispute

arose, C) a managerial level supervisor of the facility and d) the

Tribal Gaming Commission.

Section 23-1202 Customer rights regarding disputes

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

side of the dispute, and to present witnesses in connection with

any factual allegation. At each level, if the dispute remains

unresolved, the complainant shall be informed of this right to take

the dispute to the next higher level as set forth in Section 23-

1201. Resolution of any dispute by staff of the facility shall

always involve two or more staff members. All disputes, whether

resolved or not, shall be the subject of a detailed report by all

staff involved to their supervisors, or, in the case of the senior

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

Section 231203 Commission action on customer disputes

All disputes which are submitted to the Tribal Gaming

Commission shall be decided by the Commission based on information

provided by the complainant, any witnesses for or documents

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provided by the complainant, or by the licensee or manager of the

facility or any other person who has relevant information to

provide. The decision of the Commission shall be in writing, shall

be issued within 14 days of submission of the matter to the

Commission, and shall be provided to the licensee or manager of the

facility and the complainant.

Chapter 13: Miscellaneous

Section 23-1301 Severability

In the event that any section or provision of this Ordinance

is held invalid, the remaining sections or provisions shall

continue in full force and effect.

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