Ernest L. Stensgar, Chairman 

Couer dlAlene Tribe 

Couer dlAlene Tribal ~eakarters 

Plummer, Idaho 83851 

Dear Chairman Stensgar: 

This letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Couer dlAlene Tribe of 

Idaho (the Tribe) on August 10, 1989, and ame'nded on December 9, 

1993, and June 23, 1994. This letter constitutes such approval 

under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the Chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulations. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

i primary management official pursuant to 25 C.F.R. § 556.5(a) and I an investigative report on eaah background investigation before 

/ issuing a license to a key employee or primary management 

, official pursuant to 25 C.F.R. § 556.5(b). 

i 

Thank you for submitting the ordinance of the Couer dlAlene Tribe 

for review and approval. The NIGC staff and I look forward to 

working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Chairman 

- - -- 1350 ?4 STREET N b'. SiJlTE 25C: VI'ASHlP4GTON. D 'C IOC36 5; 2c)1631 1<7:..,: .-.",s 2*y!L .->2!.?!>5<.+ - --. .. . 
ClIARITABLE GAMING CODE CDA ORDINANCE 02(89) 

WHEREAS, The Coeur dlAlene Tribal Council has been empowered to act for and on behalf of 

the Coeur dlAlene Tribe of Idaho pursuant to the Revised Constitution and By-Laws, adopted 

by the Coeur dgAlene Tribe by referendum November 10, 1984, and approved by the Secretary 

of the Interior, Bureau of Indian Affairs, December 21, 1984; and 

WHEREAS, The Coeur dlAlene Tribal Council has fully considered the attached new Chapter 29 

to the Law and Order Code of the Coeur dgAlene Tribe of Idaho and finds that it is in the 

best interest of the Tribe that the new Chapter 29 be adopted as an Ordinance of the Coeur 

dlAlene Tribe of Idaho. 

NOW, THEREFORE, BE IT RESOLVED, That the Coeur dgAlene Tribal Council does hereby adopt 

the attached Charitable Gaming Code as an Ordinance of the Coeur d1Alene Tribe of Indians 

to be known as Chapter 29 Charitable Gaming Code. 

CERTIFICATION 

The foregoing resolution was adopted at a meeting of the Coeur d'Alene Tribal Council held 

at the Joseph R. Garry Administration Building, Tribal Headquarters, near Plummer, Idaho, 

on AUGUST 10, 1989, with the required quorum present by a vote of 5 FOR 0 AGAINST 1 

\ ABSTAIN. 

Coeur dl~lene Tribal Council Coeur dgAlene Tribal Council 
CHAPTER 29 

COEUR D'ALENE TRIBAL CHARITABLE GAMING CODE 

-TABLE OF CONTENTS29-1 Title ..................... 1 

29-2 Purpose and Intent ............... 1 

29-3 Definitions .................. 2 

29-4 Establishment of the Board ........... 6 

29-5 Powers and Duties of the Board ......... 7 

29-6 Limitations on Gaming ............. 9 

29-7 Licenses and Background Checks ......... 12 

29-8 Certificate of ~cceptability .......... 13 

29-9 Taxation and Net Revenue Distribution ..... 14 

29-10 Penalties For Violations ............ 15 

29-11 Investigations. Hearings & Judicial Review ... 16 

29-13 Severability .................. 17 
CIfAPTER 29 

CHARITABLE GAMING CODE 

29-1.01 Title 

This Chapter shall be known as the Coeur dfAlene Tribal 

Charitable Gaming Code. 

29-2.01 Purpose and Intent 

The purpose and intent of this Chapter is to provide a 

comprehensive scheme of regulations of Tribal or Indian 

owned gaming on the Coeur dfAlene Indian Reservation. This 

Chapter does not apply to traditional forms of Indian 

gaming regulated under Chapter 26 or to non-Indian gaming 

operations. Specifically, the purposes and intents of 

this Chapter are to: 

A) Fund charitable activities of the Coeur dfAlene Tribe 

including education of Coeur dfAlene Tribal children, 

Coeur dfAlene Tribal senior citizen activities and 

traditional Coeur dfAlene Tribal cultural events. 

B) Provide funds for the health, education and general 

welfare of the Coeur dfAlene Tribe and its members. 

C) Provide funds for the operations and programs of the 

Coeur dfAlene Tribal Government and Coeur dfAlene Tribal 

Agencies. 
D) Provide jobs for Coeur dfAlene Tribal members. 

E) Provide for responsible, environmentally sound economic 

development of the Coeur dfAlene Reservation. 

F) Promote Coeur dfAlene Tribal self-government by 

providing a larger share of the operating expenses of the 

Tribal Government, thereby reducing dependency on Federal 

funds. 

G) Encourage Tribal self-sufficiency and promote Tribal 

soverignty. 

H) Provide services and activities on the Coeur dfAlene 

Reservation which can be used and enjoyed by both Indians 

and non-Indians to foster cooperation, goodwill and racial 

harmony on the ~eservation between all races. 

I) Safeguard all persons from unscrupulous and illegal 

operations of any type of gaming. 

J) Regulate all forms of gaming to prevent and eliminate 

any possible influence of organized crime or other 

undesirable elements on the Reservation. 

29-3.01 Definitions 

A) Tribe means the Coeur dfAlene Tribe of Idaho. 
B) Reservation means all area within the exterior 

boundaries of the Coeur dfAlene Indian Reservation. 

C) Tribal Council means the elected Tribal Council of the 

Coeur dtAlene Tribe of Idaho. 

D) Board means the Coeur drAlene Tribal Charitable Gaming 

Board. 

E) Lottery means all forms of gaming which contain the 

three essential elements of chance, consideration and 

prize, whether or not electronic, computer, or other 

technologic aids are used in connection therewith, 

F) Class I1 Gaming means: 

1. The game of chance commonly known as bingo (whether 

or not electronic, computer, or other technologic 

aids are used in connection therewith) 

a. which is played for prizes, including 

monetary prizes, with cards bearing numbers or 

other designations, 

b. in which the holder of the card covers 

such numbers or designations when objects, 

similarly numbered or designated, are drawn or 

electronically determined, and 
c. in which the game is won by the first 

person covering a previously designated 

arrangement of numbers or designations on suck 

cards, 

including (if played in the same location pull-tabs, 

lotto, punch boards, tip jars, instant bingo, and 

other games similar to bingo, and 

2. card games that - 

a. are explicitly authorized by the laws of 

the State of Idaho, or 

b. are not explicitly prohibited by the laws 

of the State of Idaho and are played at any 

location in the State of Idaho, 

but only if such card games are played in conformity 

with those laws and regulations (if any) of the 

State regarding hours or periods of operation of 

such card games or limitations on wagers or pot 

sizes in such card games. 

3. The term 8tclass I1 gaming does not include - 

a. any banking card games, including 

baccarat, chemin de fer, or blackjack (21), or 
b. slot machines of any kind. 

G) Class I11 Gaming means all forms of gaming that are not 

traditional forms of Indian gaming or Class I1 gaming. 

H) Net Revenue means those revenues of an authorized and 

licensed gaming activity less amounts paid out, or paid 

for, prizes and total operating expenses, excluding 

management fees. 

I) Gaming Facility means any facility or location on the 

Coeur d8Alene Indian Reservation at which any type of 

gaming is conducted. 

J) Operator means any person or entity operating or 

managing a form of gaming authorized or licensed by the 

Board. 

K) Management Contractor means an individual or entity 

with whom the Coeur dtAlene Tribe of Idaho has contracted 

to operate a gaming activity on the Coeur dtAlene Indian 

Reservation. 

29-4.01 Establishment of the Board 

The Coeur drAlene Tribal Charitable Gaming Board is hereby 

established. The Board shall consist of three members who 

shall all be enrolled members of the Coeur drAlene Tribe 
of Idaho. The Board members shall serve staggered three 

year terms with one member being appointed by the Council 

each year. When the Council appoints the initial Board, 

one member shall be appointed for one year, one member for 

two years and one member for three years. Thereafter, all 

members shall be appointed for threeyear terms. 

29-4-02 Responsibility For Gaminq 

The Coeur dfAlene Tribe of Idaho through its Tribal 

Council shall have sole proprietary interest and 

responsibility for the conduct of all gaming on the Coeur 

dfAlene Indian Reservation. The Tribal Council may 

designate responsibility for the conduct of various 

aspects of gaming to the Board, but may not delegate the 

responsibility for determining the type of gaming 

authorized on the Reservation or for entering into gaming 

management contracts. 

29-4-03 Removal 

Any member of the Board may be removed for cause by the 

Council. 

29-5.01 Powers and Duties of the Board 

The Board shall, unless otherwise directed by the Tribal 

Council, have the following powers and duties: 
A) Implement gaming activities authorized by the Tribal 

Council to be conducted on the Coeur drAlene Reservation 

in accordance with this Chapter. 

B) Issue licenses to gaming facilities, operators, primary 

management officials, or key employees of any gaming 

enterprise. 

C) Oversee and regulate all gaming and activities 

authorized by the Tribal Council subject to any terms and 

conditions that may be set out in any contracts that the 

Tribal Council may enter into with a management contractor 

or operator. 

D) Promulgate rules, regulations and bylaws, subject to 

Tribal Council approval. . 

E) Contract for services needed to carry out the duties 

and obligations of the Board, provided however, that only 

the Tribal Council may enter into contracts with a 

management contractor for the operation of a gaming 

facility. 

F) Regulate and control and/or enter into contracts 

regarding all concessions, including those for food and 

beverage, that are operated in conjunction with gaming 

authorized under this Act. 
G) Provide for proper recordkeeping of all gaming 

activities and Board affairs, including an annual 

independent outside audit of the gaming, which may be 

encompassed within the existing independent Tribal audit 

system. All contracts for supplies, services or 

concessions for a contract amount in excess of $25,000 

annually (except contracts for professional legal services 

or accounting services) shall be subject to such annual 

independent outside audit. 

H) Collect revenues, pay expenses and transfer all net 

revenue as approved by the Tribal Council. 

I) Hire professional, technical and other employees as may 

be necessary to carry out the duties of the Board. 

J) Approve all major procurements. 

K) Review on a monthly basis records of all gaming 

authorized under this Code. 

L) Receive revenue and make disbursements. 

M) Conduct investigations, hold hearings, administer oaths 

and issue subpoenas which shall be enforced by the Tribal 

Court. 

N) Require bonds of operators, management contractors, 
primary management officials and key employees of any 

gaming facility. 

0) Perform all other acts necessary to carry out the 

purposes and provisions of this Code. 

29-5.02 Board Expenses 

Members of the Board shall be allowed reasonable 

out-of-pocket expenses and per diem, but shall receive no 

salaries unless otherwise approved by the Coeur dOAlene 

Tribal Council. Such payments shall come out of the 

license fees or net revenues of the gaming activities 

allowed under this Chapter. 

29-5.03 Limitation on Board Activities 

No member of the ~oard' shall participate in any form of 

gaming regulated by the Board under this Chapter. No 

member of the Board, nor a member of their immediate 

family, shall be employed by any operator, management 

contractor or at any gaming facility regulated by the 

Board. 

29-6-01 Limitations on Gaminq 

No gaming of any type whatsoever shall be conducted on the 

Coeur drAlene Indian Reservation except as allowed by this 
C!?apter, speci'fically authorized by a Tribal Council 

Ordinance upon a finding that such gaming is in the best 

interest of the Coeur dtAlene Tribe and under a license 

issued by the Board. 

29-6.02 Class I Games 

Class I1 games that are authorized by Tribal Council 

Ordinance may be conducted on the Coeur dtAlene Indian 

Reservation under such terms and conditions as determined 

by the Board. 

29-6-03 Class I11 Games 

Class I11 games that are authorized by Tribal Council 

Ordinance may be conducted on the Coeur dtAlene Indian 

Reservation under such terms and conditions as determined 

by the Board, so long as the conduct of such Class I11 

games satisfies all other legal requirements. 

29-6-04 Other Gaminq 

Notwithstanding any other provision of this section, the 

Tribal Council may authorize by Ordinance any form of 

lottery, parimutual betting, or charitable game of chance 

regardless of whether it employs electronic, computer, or 

other technicologic aids, that is allowed by law and found 

by the Tribal Council to be in the best interests of the 
Coeur dtAlene Tribe. 

29-6.05 No Gaming By Minors 

No one under the age of 18 shall be allowed to.participate 

in gaming authorized under this Code. 

29-6.06 Gaming Authorized 

Charitable bingo and the related games of pull-tabs, 

lotto, punch boards, tip jars, instant bingo and other 

games similar to bingo are deemed to be Class I1 games. 

It is in the best interests of the Coeur dtAlene Tribe 

that such games be conducted on the Reservation in a 

central facility under either the direct management of the 

Board or under a Management Contractor as provided by this 

Code. Such gaming is authorized under terms and conditions 

to be established by the Board. The Board may license the 

playing of charitable bingo or related games at such other 

facilities or by other operators as it deems appropriate. 

29-7.01 Licenses and Background Checks 

The Board may issue facility licenses and personal 

licenses. No facility may conduct gaming unless it has 

received a facility license. 'NO operator, primary 

management official or key employee of any gaming 

enterprise may hold such position unless they have 
received a personal license by the Board. 

29-7.02 Personal Licensing Standards 

No person shall receive a personal license if that 

person's prior activities, criminal record, if any, 

reputation, or associations 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 or methods or activities in the conduct 

of gaming and such facts are verified by a background 

investigation which is conducted on all primary management 

officials and key employees in the gaming enterprise. The 

Board shall continue oversight of such officials in their 

management conduct on an ongoing basis. 

29-7.03 Revocation of ~icense 

A facility or personal license previously issued shall be 

revoked by the Board if it determines anytime that the 

facility's or person's activities, criminal record, 

reputation, habits, or associations pose a threat to the 

public interest or the effective regulation of gaming, or 

creates or enhances the danger of unsuitable, unfair, or 

illegal practices or methods or activities in the conduct 

of gaming, or that the person or facility is in violation 

of the By-Laws, regulations, or directives of the Board. 
29-8.01 Certificate of Acceptability 

Prior to the issuance of a facility license to any premise 

under this Code, the Board shall be provided with a 

certificate of acceptability from the Coeur dtAlene Tribal 

Planning Department which certifies that the construction 

and maintenance of the gaming facility and the manner in 

which gaming is to be operated and services provided will 

adequately protect the environment and the public health 

and safety. 

29-8.02 Inspection of Premise & Records 

Each and every facility licensed under this Code to 

conduct gaming shall be available for inspection by the 

Board or its designee at all times. All books and records 

of any gaming facility authorized under this Chapter shall 

be kept and maintained on the Coeur dtAlene Indian 

Reservation at all times. Such books and records shall be 

open for inspection by the Board or its designee at all 

times, and shall be reviewed by the Board or its designee 

on a monthly basis. 

29-9.01 Taxation and Net Revenue Distribution 

The Tribe specifically reserves, through its inherent 

power as a soverign nation, the full right and authority 
to adopt or impose a uniform and comprehensive system of 

taxation and/or fee structure for all gaming allowed under 

this Code. 

29-9.02 Net Revenue Distribution - Charitable Requirement 

Not less than 20% of net revenues (after payment of sums 

required under any management contract if there be one) 

shall go to charitable organizations of the Coeur dlAlene 

Tribe including but not limited to education, senior 

citizen programs, or traditional Tribal cultural events. 

29-9.03 Net Revenue Distribution - other 

The remaining net revenues (after payment of sums required 

under any management contract if there be one) shall be 

used for the following purposes and no others: 

A) To fund Tribal government operations and programs. 

B) To provide for the general welfare of the Coeur dtAlene 

Tribe of Idaho and its members, 

C) To pronote Coeur dlAlene Tribal economic development. 

D) Help fund Coeur d'Alene Tribal agencies. 

29-9.04 No Per Capita Payments 

Per capita payments to Coeur dt.3lene ~riSal members nay be 
made from net revenues only as allowed by law and as 

approved by the Tribal Ccuncil. 

29-9.05 Manaqement Contracts 

The Board may enter into management contracts for the 

conduct of gaming under this Chapter, but in no event 

shall the management contractor receive more than 40% of 

the net revenues in consideration of the provision of 

management services. 

29-10.01 Penalties For Violations 

Any person who contracts, supplies, manages, is employed 

by, or participates in any gaming activity authorized 

under this Chapter shall, as a matter of doing so, consent 

to the civil and criminal jurisdiction of the Coeur 

dfAlene Tribe of Idaho. Such consent to jurisdictions 

shall be publicly posted and shall be contained on all 

cards, tickets or other gaming devices used under the 

authority of this Chapter. 

29-10.02 Civil Penalties For Violations 

Any person who shall violate any provisions of this 

Chapter or shall conduct gaming operations without a 

required license, shall commit fraud or deceit, or shall 

engage in professional gambling or bookmaking, shall be 
subject to one or all of the following civil penalties: 

A) Civil fine of $2000 per occurrence per day and 

confiscation of all proceeds from such activities, 

B) Injunctive relief against continued violation of this 

Chapter, 

C) Exclusion from the Coeur dfAlene Indian Reservation in 

conformity with Chapter 24 of this Code, 

D) Revocation or suspension of gaming license, or 

E) Civil cause of action by the Tribe for damages, 

restitution or other equitable relief. 

29-11.01 Investigations, Hearinqs & Judicial Review 

Nothing in this Chapter shall entitle any individual or 

entity to any right to appeal or judicial review that they 

do not otherwise have as a result of some other law. 

The Board or its designee may conduct any investigation or 

hold any hearing it deems appropriate and necessary to 

carry out its responsibilities under this act. 

The Board or its designee may conduct such other hearings 

to review a prior decision as are necessary unless the 

Board itself was the decisionmaker, in which case the 
hearing shall be conducted by the Tribal Council or its 

designee. 

Jurisdiction for judicial review of an administrative 

hearing decision under this Section shall rest exclusively 

with the Tribal Court. In the exercise of its jurisdiction 

to conduct such judicial review, the Court shall be 

absolutely and completely bound by the findings of facts 

of the administrative hearing and may only reverse the 

decision if substantial prejudical errors of law occur. 

29-13.01 Severability 

If any provision of this Chapter is held invalid or its 

application to any person or circumstance is held invalid, 

the remainder of this Chapter or the application of the 

provision to other persons or circumstances is not 

affected. 
RESOLUTION AUTHORIZING . CDA RESOLUTION Y-/ (94) 

AMENDMENT TO TRIBAL 

GAMING CODE 

WHEREAS, The Coeur d'Alene Tribal Council has been empowered to act for and on 

behalf of the Coeur d'Alene Tribe pursuant to the revised Constitution and By-Laws, 

adopted by the Coeur d'Alene Tribe by referendum November 10,. 1984, and approved by 

the Secretary of the Interior, Bureau of Indian Affairs, December 21, 1984; and 

WHEREAS, the National Indian Gaming Commission has established certain mandatory 

criteria for Class I1 tribal gaming statutes; and 

WHEREAS, it is appropriate to modify Coeur dYAlene tribal statutes accordingly and to 

make certain other changes, 

NOW, THEREFORE, BE IT RESOLVED that Chapter 30 of the Coeur d'Alene Tribal 

Code is amended to add new sections to Chapter 30 incorporating the National Indian 

Gaming Commission requirements which are attached as 30-1 3.0 1 thru 30-1 3.09 and 30- 

14.0 1. 

NOW, THEREFORE, BE IT FURTHER RESOLVED that Chapter 30 of the Coeur 

d'Alene Tribal Code is amended by adding a new provision to 304.01 as attached providing 

that the Tribal Council shall serve as the Gaming Board until the Board is appointed. 

NOW, THEREFORE, BE IT FURTHER RESOLVED that Chapter 30 of the Coeur 

d'Alene Tribal Code is amended by striking the word "Board" and adding the words "Tribal 

Council" in 30-9.05 as the entity which may enter into management contracts. 

NOW, THEREFORE, BE IT FURTHER RESOLVED that an emergency exists requiring 

that 30-13.01 thru 30-13.09 and 30-14.01 shall be effective immediately and the 

modifications to 304.01 and 30-9.05 shall be effective January 1, 1993. 

CERTIFICATION 

The foregoing resolution was adopted at a meeting of the Coeur d'Alene Tribal Council held 

at the Joseph R. Garry Administration Building, Tribal Headquarters, near Plummer, on 

December 9, 1993 with the required quorum present by a vote of In Favor, 

0 Against, and D Abstaining. 

COEUR D'ALENE TRIBAL COUNCIL COEUR D'ALENE TRIBAL COUNCIL 
30-4.01 E~blishmcnt of the Bod 

The Cocur d'Alene Tribal Charitable Gaming Board is hereby established. The 

Board shall consist of the (3) membcrs who shall be mlled rnernlgx of the Caaw 

d'Alene Tribe. The Board members shalI serve staggered thm (3) year terms with one 

member being appointed by the Council each yaw. Whcn the Council appoints fbe initial 

Board, one member shall be appointad for one year, one member for two years and one 

member for thrw yews. Thereafter, all members shalt be appointed for thme year tcrmj. 

ak%Q2 

Counoil 

mement 

shaU s ewe 

Contracts 

as 5 

The Bearei Ebal CouflEil may enter into management contracts for the conduct of 

pmhg under this Chapier, but in no event shall the management contractor receive mom 

than 40% of the net revenues in consideration of the provisions of management dw. 
The Cosur d'Alenc Tribal Coun~il (hereinafter "Tribe"), empowered by tk Tribe's 

Constitdon to enact ordinances, hereby enacts this ordice which shall be ref& to as 

statutes in order to set the tenns for Class II gaming opcdons on tribal lands. 

3!mt!U Gamlna Authorized 

Class I1 gaming as defied in the Indian Qaaring Regulatory Act, P.L. 100-447, 25 . 

U.S.C. Section 2703 (7)(A) ("XGRA") and by the mgulations promulgated by the National 

Indian Gaming Conmbsion at 25 C.FX 5 502.3 (as pbliahed in the Federal Register at 

57 PR 12382-12393, April 9, 1992) is hereby authorized. 

30-13.03 (hvnershi~ of Gaming 

Thc Tribe shall have the sole propriety interest in and responsibility for the duct 

of any gaming operation authorized by this ordinance. 

3!md4 yse of Gamigp Revenue 

A. Net revenues from olass I1 g&g shall be wed only for the following purposes: 

to fund tribal government operations and pmgrams; provide for lhe gcncral wetfw of the 

Tribe and its members; promote tribal economic deve1opment; donate to charitable 

organizations; or help fund operations of local govcmment agencies. 

B. If the Tribe clects to make per capita payments to tribal members, it shall 

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

Interior under 25 U.S.C. 9 2710(b) (3). 

A. 'Ihe Trii shall cause to be conducted annually an independent audit of gaming 

operations and shall submit the multing audit qmts to the National Man &mhg 

Commiseion, 

B. All gaming related contracts that result in the pulllchase of supplies, services, or 

concessions in excess of $25,000.00 annually, exwt contracts for professional legal and 

accounting senricts, shall be specifically incfuded within the scope of the audit that is 

described in subsection A. above. 

30113,06. Protection of the Env&onmsnt aad Pyhlic Health and $afe 

Class XI gaming facilities shall be consttuctd, maintained and operated in a rmmer 

that adequately protects the environment aad the public health and safety. 
3e13,07 s~censes for Kev Em~lovew and Primam Mana~ement OfiicFalk 

The 'Mbe shall ensure thal the policies and pdm set out in this saction are 

implementad with respect to key employees and primary management offi~ials employed 

at my class XI gaming entcxprise operated on Indian landa: 

For the purposes of this section, the following defraitions apply: . . 

1. Feu omplovee means 

(a) A person who pedontls one or more of the following fimotiSt18: 

(1) Bingo caller, 

(2) Counting room sue, 

(3) CMef of security; 

(4) Custodian of gaming supplies or cash, 

(5) Floor manager; 

(6) Pit boss; . . 

(7) Ilealet; 

(8) Croupier; 

(9) Approvtr of credi~ or 

(10) Custodian of garnb1ing deviccs including pmm with 

access to cash and amounting records within suoh 

deviw; 

(b) If not otherwise included, any 0th pcason whose total cash 

wmpcnsation is in excess of $50,000 pet year; or 

(c) If not othwwise included the fbur most highly wmpensatsd 

persons in the gaming aptration. . . 

2. an, management official 

(a) The person having mmgunent mf~nsibility for a . 

management contract; . . 

(b) Any pcrson who has authority; 

(1) To hire and fin (eemployees; or 

(2) To set up working polioy for thc gaming opaation; or 

(c) The chief f~nanchl officer or other person who has tinancial 

management mponsibility. 
B. epdication Forms 

1. 'he following notice shall be placod on Ulc application form for a key 

employ= or a primary management official befort that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the foUowing information is provided: 

Solioitation of the information on this form ia authoW by 25 U.S.C. 2701 at seq. 

Tlme purpose of the requested information is to detenpine the eligibility of individuals 

to be employed in a gaming optration. The infomation will be used by National 

Indian Gaming Commission members and staff who have need for the infbrmation 

in che performance of their official dutiss. The information may be disclosed to 

appmpriate Federal, Tribal, State, local, or foreign law enforcement and rtjgdatary 

agencies when relevant to civil, criminal or regulatory investigations or pm~tiana 

or when pursuant to a requirement by a bri or the National Mian Gaming 

Commission in connectton with the hiring or firing. of an employee, the issuance or 

revocation of a gaming license, or investigations of activities while associated with 

a tribe or a gaming opetation. Failure to consent to the disclosures indicated in this 

notice will mult hi. a tribe's being unable to. hire you in a primary management 

official or key employee position, 

The disclosure of your Social Security Number (SSN) is voluntary. However, failm 

to supply a SSN may result In errors in processing your application. 

2. Existing kcy employees and primary management officials shall be 

notifled in writing that they shall either: . . 

a. Complete a new application form that contains a Privacy Act notice; . ':.**'-.:' .'..'.' 

or 

b. Sign a statement that contains tho Privacy Ad notice and consent to ' ' 

the mutine uses described in that noticc. 

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

. . employbs or a primary officlal before that form is filled out by an applicant . . ..,. 

A false statement on any part of your application may be grvlunds for 

not hiring you, or for fixing you after you bcgin work. Also, you may . 

be punished by frne or imprisomcnt (U.S. Codo, title 18, saction 

1001) 

4. ?he Tribe shall notify in writing cxisting -key employees and primary 

management officials that they shall eithez . . 

a. Complete a new application fbrm that oontains a notice =garding false 

statements; or 

b. Sign a statenlont that contains the notice =garding false statements. 
1. The Tribe shall request from each primary management official and 

from each key employee all of thc following information: . . 

. . 

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

numbers(s), birth &, place of birth, citizenship, gender, all languages ' . . (spoken or written); 

b. Cumtly and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers; 

c. The names and cunrent adbes of at least three personal refcrenccs, 

including one personal reference who was acquainted with the 

applicant during each period of residence Listed undcr paragraph (l)(b) ' 

of this section; 

d Cmnt business and msidence telephane numbers; 

c. A description of any existing and previous business relationships with 

Indian tribes, inoludh~g ownenhip Interests in those businesses; 

f. A description of any existiig and previous busincss relationships with 

Ule gaming industqy generally, including ownership interests in those 

businesses; 

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

which the person has filed an application for a licenso or pexmit related 

to gaming, whether or not such lime or pmit was gmnw ,* . . '... ' 

h. For each felony for which there is an ongoing prosecution or a 

conviction, the charge, thc name and addras of the court involved, and 

the date and disposition if any; . 3 

i, For each misdemeanor conviotion or owing misdemeanor prosecution 

(excluding minor trafltic violations), within 10 years of the date of the 

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

and disposition; 

j. For each criminal charge (excluding minor traffic charges), whether or 

not tbere is a conviction, if such criminal ohatge is within I0 years of 

the date of tbe application and is not otherwise listed pursuant to 

paragraph (1)Q or (l)(i) of this section, the criminal charge, the name 

and address of the court involved and the date and disposition; 
k. The namc and address of my licensing or regulatory agency with 

which the person has fiIcd an application for an occupational license 

or permit, whether or not such license or permit was grantad; 

1. A cumt photograph; 

tn. Any othcr infomation thc Tribe deems relevant; and 

no Fingerprints consistent with proccdm adopted by the Tribe according 

to 25 C.F.R 5 522.2(h). 

2, The Tribe shall conduct an investigation sufficient to make a determination 

under subsection D. below. In conducting a backgw~ltid investigation, the Tribe or its agent 

shall, pmmise to keep confidential tho identity of each pn interviewed in the course of 

investigation. 

D. Elifzibilitv Determination 

The Tribe shall wiew a person's prior a~tivities, criminal record, if any, aad 

reputation, habits and associations to make a f&g concerning the eligibility of a key 

employee ot primary management official for ernploymeat in a gaming operation. If the 

Tribe determines that employment of the peaan poses a threal to the public inteest or to 

the efftctive regulation of gaming, or cnxtcs or enhances dangers of unsuitable, unEair, or 

.illegal practices and methods and adivitics in the conduct of gaming, a tribal wing 

operation shall not ernploy that ymson in a key employee or primary management officfal 

position. 

E. for Forwardinn -ions . . gnd Reports for Kev Ern~loyPrirnm M ana~ement Offi dais to the National h dian Gaming Co1. When a key employee or primary management official begins work at 

a gaming operation authorized by this ordiaance, the Tribe shall forward to thc National 

Gaming Commission a completed application for employment and conduct the backglound 

invwtigatiw and make the detemhation refed to in subsection D of this section. 

2. The Tribc shall forward the t'tport rekmd to in subsection F of this 

section to the Natiod Indian Oarning Commission within 60 days after an employ& beq& 

work or within 60 days of the approvat of this ordnance by the Chairman of the National 

Indian Gaming Commission. 

3. The gaming operation s.W not employ as a key employee or primary 

management oficial a person who does not have a licaase after 90 days. 
F: &prt to Ihe National Indian Cle CORIIIU 'ssion 

I. Pursuant to the procedures set out in subsection E of this Won, the . 

%be shall psparc and forward to the National Indian Gaming Commission an investigative . 

report on each backpund investigation An investigative report shall .include all of tho . 

foIlowing: . . 

a Steps taken in conducting a background investigation; 

c. Conclusions mchcd; and 

d ?be bases for those conclusions. 

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

dettminadon made under subsection D of this section 

3. If a license is not hued. to an applicant, the Tribe: 

a Shall notify the National hdii Gaming Commission; and 

b. May foward copies of its eligibility detehtion and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Chiming Indlviduafs 

Records System, 

4. With respect to key cmployecs and primary managemezit officials, the 

Trlbe shall retain applioations for employment aad reports (if any) of backpound . 

invesigatiom for'inspsction by the Chairman of tho National Indian Gaming Comm*wion 

or his or her dcsignac for no less than three (3) years bm the dab of termination of 

employment. 

G. a (3- License 

1. If within o thirty (30) day paid after tho Nalional Indian Wig 

Commissian receives a report, the National Indian Gatning Cammission notifies the tribe 

that it has no abjection to the issuance of a license pursuant to a license application filed 

by a key employee or a primary managemat official for whom the trSbc hs provided an 

application and investigative roport to the National Indian Gaming Commission, the Tribe 

may issue a license to such applicant. 

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

the Chairman of the Natlonal Indian Gaming Conmission concerning a key employee or 

a primary manapment offioial who is the subject of a mpo* Such a request shall suspend 

the 30-day period under paragraph G.1 . of this section until the Chairman of the National 

Indian Gaming Commission reocives UIC additional information- 
3. If, within the thirty (30) day period described above, the National 

Indian Gaming Comnlission provides the Tribe with a statement itemizing objjections to tht . 

itswince of a license to a key employee or to a primary management official for whom the 

Tribe has provided an application and investigative report to the National hdian king 

Commission, the Tribe shall reconsider the applicalion, taking into account the objections 

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

decfsian whether to issuo a license to such applicant. 

1. If; after the issuncc of a gaming license, the Tribe wives from the 

National Indian Gaming Commission c liable information indicating that a key employee 

or a pritnary management omcia1 is not eligible fw employrntnt under subsection D. above, 

the Tribe shall suspend such license and shall notifjl in writing the licensee of the 

suspension and the proposed revocation. 

2. The Tribe shall notifjl the licensee of a time and a place for a hearing 

on the proposed revocation of a lic.~nsc. 

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

teinstatc a gaming license. Thc Tribe shall noti@ thc National Indian Gaming Commission 

of its dedslon. 

30-13.08 License )Locations 

The Tribe shall issue a separate license to each place, facility, or location an Indian . 

lands where class II gaming is condudd under this ordinance. 

To the extent that 30-01 thnr 30- 12 are inconsistent with 30-14 thru 30-15, those 

prior gaming statutes are hercby mpealed and 30-14 thru 30-15 shall control. 
Secdon 522.Z(b) mjuices a description of procsdures b conduct or cause to be conducted 

background investigations on key employees and primary management officials. 

Background investigations of key employees and primary management officials shall 

hdude: 

A. A clear statement that the tribe is responsible for the oonduct of the 

background investigations and suitability determinations. 

B. An organization chart or statement showing the positions ar people 

responsible for - 

1. conducting &causing to be conducted the background investigations; ' . . ' .r 

2. =viewing and approving the investigative work done; 

3. qorting the wults of the background investigation to the National 

Indian Gaming Conuniasion; 

4. obtaining and processing fingerprints; and 

5. making thc suitability determinations. 

C. An explanation of how the positions and peoplc idawed bve wem 

selected. 

. . 

D. A listing of the minimum investigative pmcedums to be performed, hlnclodg ' 

the following. 

1. Verify by writtea or oral cmnmunicadon info-ion submitted by 

applicant. 

2. Inquire into the applicant's prior activities, criminal record, if any, and 

mputation, habit and associations; htwview a aflxcient number of 

knowledgeable people such as former employers, personal refmces, . 

and others to whom ref& in ot.der to provide a basis for the tribe to 

make a finding concerning the eligibility for employment in a gaming 

operation. 

3. Document the diswsition of a11 potential problem areas noted and 

disqualifying information obtained, 
E. An lnvestigativc report setting forth the following: 

1. Steps taken in conduding the bkgrowld investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 
CDR TRIERL DEVELOPMENT TEL b'1.208-686-1872 Jun ?9,94 10:06 No.001 P.O1 

' 

RESOLUTION AUTHORlZING CDA lW5OLUTION 2/Y (94) 

AMENDMENT TO TRIBAL CODE 

CHAPTERS 30-13.01 AND 30-13.02 

WHEREAS, The Coeur d'Alene Tribal Council has been empowered to act for and on 

behalf of the Coeur d'Alene Tribe pursuant to the revised Constitution and By-Laws, 

adopted by the Coeur d'Alene Tribe by referendum November 10, 1984, and approved by 

the Secretary of the Interior, Bureau of Indian Affairs, December 21, 1984; and 

WHEREAS, Congress has given the National Indian Gaming Commission authority 

pursuant to the lndian Gaming Regulatory Act to review tribal gaming ordinances and to 

impose certain requirements to gaming, and 

WHEREAS, the National Indian Gaming Commission pursuant to 25 CFR 522 as raised 

certain questions regarding the Coeur d'Alene Tribe's gaming statutes, and 

WHEREAS, it is the desire of the Coeur d'Alene Tribe to adopt a uniform system of 

background checks for both Class II and Class nI gaming, 

NOW, THEREFORE, BE IT RESOLVED that the Coeur d'Alene Tribal Code be 

amended as set forth in the attachment to this ordinance. 

BE IT FURTHER RESOLWCD that an emergency exists and that thcse amendment. shall 

take effect immediately upon adoption of this Resolution. 

CERTIFICATION 

The foregoing resolution was adopted at a meeting of the Coeur d'Atene 'I'ribal Council held 

at the Joseph R. CSany Administration Building, Tribal Headquarters, near Plummer, on 

June 23, 1994 with the required quorum present by a vote of 7 In Favor, 

0 Against, and Abstaining. 

n A 

CHAIRMAN 

COEUR D'ALENE 'SKIBAL COUNCIL D'ALENE TRIBA 
CDR TRIBRL DEVELOPMENT TEL .208-686-1872 . Jun 9\9,94 10:06 No.001 P.02 

The Coeur d9Alene Tribal Council (hereinafter "Tribeu), 

empowered by the Tribe's Constitution to enact ordinances, hereby 

enacts this ordinance which shall be referred to as statutes in 

order to re set the terms for Class 11 and 111 gaming 

operations on tribal lands. 811 _of the followJina eectLons shall 

amly to Claee XI uaminu. Sections 30-13.03: 30-13.06s 30-13.07 An 

C, and I): 30-13 .Oa md 30-14.01 shall amply to Class fXI -ins 

30 -13.02 Eamina Authorized 

Class XI gaming as defined in the Indian Gaming 

Regulatory Act, P.L. 100-447, 25 U.S.C. Section 2703 (7) (A) 

("IGRAW) and by the regulations promulgated by the National Indian 

Gaming Commission, at 25 C.F.R. Subsection 502.3 (as published in 

the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby 

authorized. mse 1x1 aamina authoxization ie uovernsd bv thg 

$ems of 30-6.03.