Richard P. Allen, Tribal President 

Flandreau Santee Sioux Tribe 

Box 283 

Flandreau, SD 57028 

Dear Mr. Allen: 

This letter responds to your request to review and approve 

the amendment to the tribal gaming ordinance of the Flandreau 

Santee Sioux (Tribe). The amendment to the ordinance was adopted 

by the Tribe by Resolution No. 96-41 on June 27, 1996. 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 

amendments to 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. 

Thank you for submitting the amendment to the tribal gaming 

ordinance of the Flandreau Santee Sioux. The NIGC staff and I 

continue to look forward to working with you and the Tribe in 

implementing the IGRA. 

Sincerely yours, 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
Cox 283 Flandreau. SD 57028 Phone 997-3891 

L Fax 997-3878 

RESOLUTION NO. 96-41 

WHEREAS, the Flandreau Santee Sioux Tribe is a federally 

recognized Indian tribe with a Constitution and 

By-Laws approved by the Secretary of the 

Interior, and 

WHEREAS, Article VIII, Section 1 (£1 of the Tribe's 

Constitution expressly grants to the Flandreau 

Santee Sioux Executive Committee the power to 

promulgate and enforce ordinances, and 

WHEREAS, the Flandreau Santee Sioux Executive Committee 

believes that it would be in the best interest 

of the Flandreau Santee Sioux Tribe to regulate 

and control gaming on the Flandreau Santee Sioux 

Reservation, and 

WHEREAS, the Flandreau Santee Sioux Executive Committee 

believes that the Title XVII Class I11 Gaming 

Ordinance and related gaming regulations and 

control of gaming on the Flandreau Santee Sioux 

Reservation. 

NOW THEREFORE BE IT RESOLVED, that the Flandreau Santee 

Sioux Executive Committee hereby approves and 

adopts the attached Title XVII Class I11 Gaming 

Ordinance and related gaming regulations which 

replaces the same which was previously approved 

and adopted by the Flandreau Santee Sioux 

Executive Committee on February 22, 1996. 

CERTIFICATION 

The fore ing Resolution was duly enacted and adopted on 

this d.? 32 day of June, 1996 by the Flandreau Santee Sioux 

Executive C mmittee at which a quorum was present by a 

vote of 9 for, 8 against, and 1 not voting. 

&~&/7. 

Gordon E. Xnes, Jfl 

Tribal Secretary " Tribal President 
TITLE 17 

CLASS Ill GAMING 

CHAPTER I 

GENERAL PROVISIONS 

Section 17-1-1. Title. This Ordinance shall be known as the Flandreau Santee Sioux 

Gaming Ordinance. It is promulgated pursuant to Article VIII, Section 1 (f) of the 

Flandreau Santee Sioux Tribal Constitution. 

Section 17-1-2. Purpose. The purpose of this title is to regulate the conduct of Class Ill 

Gaming on the Flandreau Santee Sioux Reservation. Class Ill Gaming is 

1. All gaming activities shall be conducted exclusively on the tribal lands of the 

Flandreau Santee Sioux Tribe. 

2. All gaming activities shall be conducted under the exclusive control and 

responsibility of the Flandreau Santee Sioux Tribe. 

3. All proceeds of the gaming activities authorized by this ordinance and 

received by the Tribe shall be used to promote the health, education and 

welfare of the Flandreau Santee Sioux Tribe. 

4. The Flandreau Santee Sioux Tribe shall receive at least sixty percent (60%) 

of the net revenues of all gaming activities conducted pursuant to this 

Ordinance. 

5. Annual audits shall be required of all gaming activities. Such audits shall be 

conducted by an independent auditing firm. Such audits shall be made 

available to Tribal members upon written request to the committee. 

* 

6. Annual audits shall be required of all businesses or entities who entei into 

any contract for goods and/or services related to gaming actitvites where? 

such contract is for $25,000.00 or more. 3 a. 

. 7. The Committee may, at its discretion, issue per capita payments of gaming 

proceeds to tribal members. The committee shall notify tribal members that 

such per capita payments are subject to federal income tax. 
Section 17-1 -3. Definitions: 

1. Bet: A bet is an amount placed as a wager in a game of chance; 

2. Blackjack: Blackjack is a card game played by a maximum of seven 

players in which each player bets against the dealer, The object of 

the game is to draw cards whose value will equal or approach twentyone without exceeding that amount and win amounts bet, payable by 

the dealer, if the player holds cards more valuable than the dealer's 

cards; 

3. Boundaries: Boundaries mean the boundaries of the Flandreau 

Santee Sioux Reservation, Moody County, South Dakota; 

4. Class I1 Gaming: Class II Gaming means all forms of gaming defined 

as Class II in Section 4(7) of the Indian Gaming Regulatory Act, 25 

U.S.C. § 2703 (7). 

5. Class Ill Gaming: Class Ill Gaming means all forms of gaming 

defined as Class Ill in Section 4(8) of the Indian Gaming Regulatory 

Act, 25 U.S.C. § 2703(8). 

6. Commission: Commission means the tribal commission on gaming; 

7. Committee: Committee means the Executive Committee of the 

Flandreau Santee Sioux Tribe duly elected pursuant to the 

Constitution of the Flandreau Santee Sioux Tribe; 

8. Gaming: Gaming is any game or contest of chance whereby one 

risks money or tokens no matter how conceived or operated and 

includes, but is not limited to, every game described in this 

Ordinance; 

9. Gaming Employee: A Gaming Employee is any person employed by 

a business hosting gaming to work directly with the gaming portion of 

that business; 
10. Gaming Equipment: Gaming Equipment means any gaming 

equipment that is authorized by this Ordinance and which requires 

licensing; 

11. Gaming License: Gaming License means any license issued by the 

commission pursuant to this Ordinance which authorizes any person 

to engage in gaming on the Flandreau Santee Sioux Reservation. ; 

12. Key Employee: Key Employee means: 

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

functions: 

(1) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gambling devices including persons 

with access to cash and accounting records within such 

devices; 

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

cash compensation is in excess of $50,000 per year; or 

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

compensated persons in the gaming operation. 

1 3. Licensed Gaming Establishment. Licensed Gaming ~stablishment 

means any premises licensed pursuant to this Ordinance where 

gaming is conducted; -, . 

14. Licensee: A Licensee is any person licensed under this Ordinance; 7. - 

15. Licensing Authority: . - Licensing - Authority means the tribal 

commission on gaming; I 
16. Net Revenues: Net revenues means gross gaming revenues of a 

tribal gaming operation less-- 

(A) Amounts paid out as, or paid for, prizes, and 

(0) Total gaming-related operating expenses, excluding 

management fees. 

17. Poker: Poker is a card game played by a maximum of ten players 

who are dealt cards by a non-player dealer. The object of the game 

is for each player to bet the superiority of his own hand and win the 

other players' bets by either making a bet no other player is willing to 

match or proving to hold the most valuable cards after all the betting 

is over. Poker includes draw, stud or low ball or any combination 

thereof; 

18. Primary Management Official: A Primary management official is: 

(A) The person having management responsibility for a 

management contract; 

(0) Any person who has authority: 

(1) To hire and fire employees; 

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

or 

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

financial management responsibility. 

19. Slot Machine: A Slot machine is any mechanical, electrical, or other 

device, contrivance, or machine which, upon insertion of a coin, 

token or similar object, or upon payment of any consideration 

whatsoever, is available to play or operate, the play or operation of 

which, whether by reason of the skill of the operator or application of 

the element of chance, or both, may deliver or entitle the person 

playing or operating the machine to receive cash premiums, 

merchandise, tokens or anything of value whether the payoff is made 

automatically from the machine or in any other manner; 
CHAPTER 2 

GAMES PERMITTED 

Section 17-2-1. Games Permitted. Poker, Blackjack, slot machines, and video lottery 

machines are expressly authorized by this Ordinance and such other gaming as may be 

approved by legislative act of the State of South Dakota. All gaming authorized by this 

ordinance may be operated and maintained within the boundaries of the Flandreau Santee 

Sioux Reservation, subject to the provisions of this ordinance. 

CHAPTER 3 

TRIBAL COMMISSION ON GAMING 

Section 173-1. Regulation of Gaming. All gaming activity authorized by this ordinance 

shall be regulated by the tribal commission on gaming. 

Section 173-2. Gaming Commission. There is hereby created the Flandreau Santee 

Sioux Tribal Commission on Gaming. 

1. Qualifications: The Commission shall consist of three (3) citizens of South 

Dakota who may be members of the Flandreau Santee Sioux Tribe. Persons 

selected as members of the Commission shall be of good moral character 

and shall not have been convicted, in any court of competent jurisdiction, of 

a felony or crime involving moral turpitude, unless the sentence andlor 

probation for such conviction shall have been completed ten years prior to 

the date of appointment. 9 

2. Appointment: There shall be appointed three (3) members of the.'. 

Commission who shall be appointed by the Executive Committee of the - 

Flandreau Santee Sioux Tribe.' Members shgll be appointed to staggered 

terms cdnsisting of two (2) two-year terms and one (1 ) one-year term. The 

inltial members shall draw lots to determine which member shall hold each 

term. Thereafter, each member shall serve the term to which helshe is 
appointed. No member may serve more than two (2) full consecutive terms. 

commission members shall select from among themselves, a Chairperson 

wbo shall preside over the meetings of the Commission. Said Chairperson 

shall serve the same term as helshe would have served had hetshe not been 

selected as Chairperson. 

3. Removal: A Commission member may be removed, for cause, by a majority 

vote of the Tribal Executive Committee. Removals shall be supported by 

substantive evidence which would be admissible in a court of law. Any 

member whose removal is sought shall be notified in writing not less than (3) 

three days prior to a vote on removal. The member may request an informal 

hearing before the Executive Committee. 

Section 17-3-3. Gaming Commission Rule-Making Authority. The Commission may 

promulgate rules for the orderly transaction and conduct of its business, issuance, 

suspension and revocation of gaming licenses, review of retail and service contracts, the 

conduct and operation of all gaming activities, and any other matters necessary to carry 

out the purposes of this Ordinance. The Commission may also promulgate rules 

necessary to administer complaints which may be received from the public and conduct 

such other investigations and inspections into the conduct of the games and the licensees 

and the maintenance of equipment as the Commission may deem necessary and proper. 

1. Promulaation of Rules. Rules shall be promulgated pursuant to Chapter 5, 

Flandreau Santee Sioux Tribal Commission on Gaming Rules and 

Regulations. 

2. Notices. All regulations or internal rules enacted by the Commission shall 

be posted in the Tribal Office. An interested party who is affected by a 

Commission ruling may request a hearing before the Commission and may 

appeal an adverse ruling to the Flandreau Santee Sioux Tribal Court 

pursuant to Section 174-7 of this Ordinance. 

Section 17-34. Gaming Commission Records. lnformation and records of the 

Commission enumerated by this Section are confidential and may not be disclosed except 

pursuant to a court order. No person may use a subpoena, discovery or other applicable 

statutes to obtain such information or records. lnformation and records considered 

confidential include the following: 

1. Tax returns of individual licensees; 
2. Applications; credit, medical and security reports of applicants for licenses 

and other persons seeking or doing business with the Commission; 

3. Marketing, financial or sales data, the disclosure of which may be harmful 

to the competitive position of Flandreau Santee Sioux Tribal gaming, its 

licensees or persons seeking or doing business with the Commission; 

4. Audit work papers, worksheets and auditing procedures used by the 

Commission, its agents or employees. 

Section 1736. Gaming Commission Meetings. The Commission may hold regular and 

special meetings at such times and places as it may deem convenient, but at least one 

regular meeting shall be held quarterly. A majority of the appointed members shall 

constitute a quorum of the commission, and a special meeting may be called by any two 

members. Each member of the commission shall receive a stipend and expenses for each 

regular meeting. The stipend and expenses shall be paid from fees and assessments 

collected by the commission. 

1. Purposes for Executive or Closed Sessions. The Commission may hold 

executive or closed meetings for any of the following purposes: 

(A) Considering applications for licensing when discussing the 

background investigations or personal information; 

(0) Meeting with gaming officials of other jurisdictions, the Attorney 

General, States Attorney or any law enforcement official relating to 

possible criminal violations; 

(C) Consulting with the Executive Secretary, employees and agents of 

the Commission regarding possible criminal violations; 

(D) Deliberations after hearing evidence on an informal consultation % of a 

contested case necessary to reach a decision; or L. 

(E) Discussing business strategies, marketing or pricing strategies of a: 

licensee or an applicant for a license if public discussion may be? 

harmful to the competitive position of the licensee or applicant for -- 

license. -- P. 

F 
Section 173-6. Executive Secretary of Gaming Commission. The Commission shall 

appoint, and may remove, an Executive Secretary who shall be responsible for the conduct 

of the Commission's administrative matters. The Commission shall set the annual salary 

of the Executive Secretary. 

Section 17-3-7. Gaming Commission Powers. The powers of the Tribal Commission 

on Gaming shall be as follows: 

1. Issue licenses, oversee and define the contract of the licensees; 

2. Inspect and examine all premises where gaming is conducted or gaming 

devices or equipment are sold or distributed; 

3. Inspect, examine, and photocopy all papers, books, and records of 

applicants and licensees pertaining to such application andlor license. 

4. Contract for legal counsel as necessary. 

5. Suspend or revoke for cause, any gaming license; 

6. Require all primary management personnel and key employees to submit to 

investigation as required by this Ordinance. 

7. Promulgate any rules and regulations as may be necessary for the orderly 

enforcement of this ordinance. 

Section 1738. Posting of Rules. All regulations, ordinances, or internal rules enacted 

by the Commission shall be posted in the Tribal Office for not less than 90 days prior to 

final enactment. An interested party who may be affected by a Commission rule or 

regulation may request a hearing before the Commission to object to said rule or 

regulation. An adverse ruling by the Commission regarding such rules and regulations 

may be appealed to the Flandreau Santee Sioux Tribal Court. 

Section 17-3-9. Appeal of Gaming Commission Actions. Any action of the 

Commission is subject to appeal to the Tribal Court of the Flandreau Santee Sioux Tribe. 

Notice of appeal shall be filed in writing with the Commission and the FSST Clerk of Court, 

within ten (10) days of receipt of written notice of any action taken by the Commission. 

Absent such Notice of Appeal, all actions of the Commission are final. 
Section 17-3-10. Communication Privilege. Communications between the Commission 

and the Executive Secretary relating to licensing, discipline of licensees andlor violations 

by licensees are privileged and confidential if made lawfully and in the colirse of and in 

furtherance of the business of the commission on gaming, except pursuant to court order 

after an in-camera review. The Executive Secretary or any member of the Commission 

may claim this privilege. 

Section 173-11. Conflict of Interest. No officer, agent or employee of the Commission 

may hold a license under this Ordinance if the duties of such ofice, agency, or 

employment are in any manner related to the enforcement of gaming rules and regulations. 

No licensee under this Ordinance may employ any person who is also employed by a law 

enforcement agency or the Commission. 

CHAPTER 4 

APPLICATION FOR GAMING LICENSE 

Section 174-1. Application for a Gaming License. The Commission may approve any 

application for license which is complete and meets all requirements, provided the 

applicant is deemed to be a suitable person to hold the license and whether the proposed 

location is deemed suitable. 6 

1. License required, All persons seeking employment in a gaming 

establishment to work directly with the gaming portion of said establishment;' -- 

must submit an application for a gaming license. - 

(A) No person shall begranted a @ming license unless hetshe 

shall show that helshe is of good moral character, is at least 

21 years of age, and that helshe is a bona fide resident of the 

State of South Dakota, or if a partnership or corporation, that 
a majority of the ownership interest in the partnership or 

corporation is owned by a bona fide resident of the State of 

South Dakota. 

(6) All applications for a gaming license must be accompanied by 

the appropriate initial application fee, which shall include the 

cost of investigation. Application fees are non-refundable and 

the applicant may be required to pay any additional costs 

which may arise in connection with the investigation. 

(C) Initial application fees shall vary according to the license type 

requested and shall be collected as follows: 

(1) Slot machine operator, one thousand dollars 

($1 000.00); 

(2) Card Game Operator, one thousand dollars 

($1 000.00); 

(3) Video Lottery Operator, one thousand dollars 

($1 000.00); 

(4) Employee, twenty-five dollars ($25.00); 

(5) Key employee, one hundred dollars ($1 00.00). 

2. Untrue statements. The Commission may refuse to grant a license to 

any applicant who makes deliberate misstatements, deliberate 

omissions, misrepresentations, or untruths in any part of the 

application or in the background investigation. Applications for all 

gaming licenses, regardless of position applied for, shall contain the 

following notice: 

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, title1 8, section 

1001. 

3. Backaround Investiaation. No application for a gaming license shall be 

deemed complete without a background investigation. Each application 
submitted shall contain a release, authorizing the conduct of such 

investigation including fingerprints. 

(A) Fingerprints of applicants shall be submitted to the South Dakota 

Gaming Commission andlor the Office of the Attorney General of the 

State of South Dakota, pursuant to the Compact between the State of 

South Dakota and the Flandreau Santee Sioux Tribe, to process an 

investigation into the applicant's criminal history, if any, through the 

Federal Bureau of Investigation National Criminal Information Center. 

(B) The State of South Dakota shall provide the Commission with a 

written report regarding each applicant within 30 days of receipt of the 

tribe's written request for investigation. 

(C) All background investigations conducted pursuant to this section shall 

be conducted according to requirements at least as stringent as those 

listed in 25 CFR §556, 558. 

4. bplication forms. All application forms, regardless of position applied for, 

shall contain the following statement regarding the Privacy Act: 

NOTICE: All applicants are advised that this personal history 

information is an official document and misrepresentation or 

failure to reveal information requested may be deemed to be 

sufficient cause for the refusal or revocation of a license. 

Applicant may be subject to fine and/or imprisonment. 

18 USC §1001. 

All applicants are further advised that an application for a 

gaming license, finding of suitability or other action may not be 

withdrawn without the permission of the Executive Secretary 

of the Flandreau Santee Sioux Tribal Gaming Commission 

andlor the South Dakota Commission on Gaming. . -. 

All applicants are further advised of compliance with the L. 

Privacy Act of 1974. Solicitation of the information on this 

application is authorized by 25 USC S2701, et. seq. The -. , 

purpose of the requested information is to determine the -- 8 

eligibility of individuals to be employed in a gaming operation. - 

This information may be disclosed to apprqpriate Federal, 

Tribal, State, local, or foreign law-enforcemenl and regulatory 

agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a 

requirement by a Tribe in connection with the hiring or firing 
of an employee, the issuance or revocation of a gaming 

license, or investigations of activities while associated with a 

tribe or gaming operation. Failure to consent to the 

disclosures indicated will result in the tribe's being unable to 

hire you in a primary management official, key employee, or 

support employee position. The disclosure of a Social 

Security number (SSN) is voluntary. However, failure to 

supply a SSN may result in errors in processing an application. 

Each applicant applying for a gaming license must execute a 

Flandreau Santee Sioux Tribal Investigation Authorization and 

Release of Credit Information form. This will authorize the 

Gaming Commission to obtain a criminal record if such record 

exists and to obtain any financial information which is 

available. This form releases, waives, discharges and agrees 

to hold harmless the Flandreau Santee Sioux Tribe, the Tribal 

Commission on Gaming and designated persons, from all 

liability for any claim or damage resulting from the release of 

this information. All information gathered as a result of this 

investigation will be held confidential. 

Each applicant is instructed that it is necessary to submit a 

copy of Internal Revenue Service returns for the past three (3) 

years. Attached is IRS Form 8821, to be completed, with 

name signed and printed. 

5. Submission of completed a~plication. Upon receipt of the written report from 

the State of South Dakota, the Executive Secretary shall compile the 

information along with histher narrative veriiing all information submitted by 

the applicant. When the application is deemed to be complete, the Executive 

Secretary shall submit said application to the Commission for final approval 

or disapproval. 

Section 17-4-2. Licensing Requirements for Key Employees and Primary 

Management Officials. 

1. Ap~lication Requirements. All applicants for licensing as a key employee 

or management official, in addition to requirements set out on Section 17-4- 

1, shall complete an application with the following information: 
Full name, other names used (oral or written), social security 

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

languages (spoken or written); 

Currently and for the previous 5 years; business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license number(s); 

The names and current addresses of at least three personal 

references, including one personal reference who was acquainted 

with the applicant during each period of residence listed under 

paragraph two of this section; 

A current business and residence telephone numbers; 

A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interest in 

those businesses; 

The name and address of any licensing or regulatory agency with 

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

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

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

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

and the date and disposition if any; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) withing 10 years of the 

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

. and the date and disposition; 

* 

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

not there is a conviction, if such criminal charge is within 10 years ofthe date of the application and is not othewise listed pursuant to?. 

paragraph eight or nine of this section, the criminal charge, the name 

and address of the court involved and fhe date and disposition; - - * 

8 

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; 
(L) A photograph; 

(M ) Any other information the Commission may deem relevant; and 

(N ) Fingerprints pursuant to procedures set out in Section 17-5-1 c (1 ). 

2. Unsuitable persons. No person shall be eligible for employment in any 

gaming facility operated on the Flandreau Reservation if that person's prior 

activities, criminal record, reputation, habits or associations pose a threat to 

the public interest or to the effective regulation of gaming or creates or 

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

activities in the conduct of gaming. 

3. Verification of information. The Executive Secretary shall contact each 

person, agency or business listed in an application for gaming license and 

shall request verification, in writing, of Applicant's prior activities including 

criminal record, if any, as well as information regarding hislher reputation, 

habits and associations. 

4. Executive Secretary to com~ile information. The Executive Secretary shall 

keep a file on each individual applicant and shall create a report a report to 

the Commission which shall contain the following information: 

(A) Employment Application 

(B) Gaming Licence Application 

(C) Criminal History Report 

(D) A list of potential problems in the application or any report. 

(E) A report of any disqualifying information. 

(F) Narratives of all communication with applicant's personal and 

business references. 

5. Completed applications, The Executive Secretary shall review all reports 

including the background investigations and shall either approve the reports 

or return them for further investigation. Upon a determination by the 

Secretary that the application file is complete, the Secretary shall forward 

the completed file and all pertinent documentation to the Commission for 

final determination of suitability for employment. 
6. NlGC approval. Upon a determination by the Commission, that the 

applicant is suitable for employment and prior to issuing a license, the 

Commission shall forward an investigative report to the National Indian 

Gaming Commission, pursuant to Title 25, Code of Federal Regulation, 5 

556.5 for final approval. The investigative report shall include all of the 

following: 

(A) Steps taken in conducting a background investigation; 

(6) Results obtained. 

(C) Conclusions reached, and 

(D) The bases for those conclusions. 

7. Unsuitable Applicants: If the Tribe does not license an applicant, the 

Secretary shall forward a report to the NlGC stating said decision and may 

forward copies of its investigative report (if any.) 

CHAPTER 5 

LICENSES 

Section 17-4-1. License Revocable. Any license issued under this Ordinance is 

revocable and no person holding a license acquires any vested right in such license. 

1. License revocation. A license may be revoked upon a finding by the 

Commission of a violation of the Gaming Ordinance or gaming regulations. 

A person holding a license shall be notified that revocation of his license is 

being considered by the Commission. The license holder may, upon such 

notice, request an informal hearing before the Commission prior to the 

revocation of his license. Any disciplinary action, including the suspension 

or revocation of a gaming license, shall comply with provisions of Chapter 

10, Disciplinary Proceedings, of the Gaming Commission Rules and 

Regulations. .. 

(A) Notice. Notice, when required by this Ordinance, shall be;. 

given by registered mail and shall be deemed complete when-:- 

placed in the U.S. Mail, postage prepaid. 

- - c 

I 

Section 17-5-2. License Non-transferable. No license issued pursuant to this 

Ordinance may be transferred. 
Section 17-53. Types of Licenses and Applicable Fees. The Commission may issue 

five (5) license types and the following fees shall be applicable: 

1. Slot Machine Operator: An annual fee of one hundred dollars ($100.00), 

renewable on each July Ist, shall entitle the licensee to operate an 

unspecified number of slot machines on the Flandreau Santee Sioux 

Reservation on the licensed premises and subject to the ordinances and 

regulations of the Tribe and the Commission. 

2. Card Game Operator: An annual fee of one hundred dollars ($100.00), 

renewable on each July ?st, shall entitle the licensee to operate an 

unspecified number of card tables on the Flandreau Santee Sioux 

Reservation on the licensed premises and subject to the ordinances and 

regulations of the Tribe and the Commission. 

3. Video Lottery Machine Operator; An annual fee of one hundred dollars 

($100.00), renewable each July lst, shall entitle the licensee to operate an 

unspecified number of video lottery machines on the Flandreau Santee 

Sioux Reservation on the licensed premises and subject to the ordinances 

and regulations of the Tribe and the Commission. 

4. Emplovee License: An annual fee of twenty-five dollars ($25.00), 

renewable each July Ist, shall entitle the licensee to be employed in the 

gaming portion of a gaming operation conducted on the licensed premises 

on the Flandreau Santee Sioux Reservation and subject to the ordinances 

and regulations of the Tribe and the Commission. 

5. J(ev Emplovee License: An annual fee of one hundred dollars ($100.00), 

renewable each July Ist, shall entitle the licensee to perform duties as an 

executive, employee or agent of a gaming licensee who may exercise 

significant influence over decisions made regarding any part of the operation 

of a gaming facility on the Flandreau Santee Sioux Reservation and subject 

to the ordinances and regulations of the Tribe and the Commission. 

Section 17-54. Penalties for Violation of License Requirements. Any person who, 

having been granted a license under this ordinance, fails to keep sufficient books and 

records to substantiate the receipts, expenses or uses resulting from limited card games 

and slot machines conducted under this ordinance, or who falsifies any books or records 

which relate to any transaction connected with the holding, operating, and conducting of 

any gaming activity, or who violates any of the provisions of this ordinance may be subject 
to the revocation of said license and/or a fine pursuant to the Rules and Regulations of the 

Commission. 

Section 17-56. Licensing Facilities. The Commission shall issue a separate operator's 

license for each place, facility, or location on Tribal lands where the Flandreau Santee 

Sioux Tribe elects to allow Class Ill gaming. No facility will be granted a license unless 

such facility is constructed, maintained and operated in a manner that adequately protects 

the environment and the public health and safety. 

CHAPTER 6 

REGULATION OF GAMING 

Section 17-6-1. Requirements for Slot Machines. 

2. Securitv and Audit Specifications; All slot machines operated within the 

Flandreau Santee Sioux Reservation shall have the following security and 

audit specifications: 

A. Microprocessor controlled; 

6. Compatable to on-line data monitoring; 

C. Internal locked enclosure for circuit board; 

D. Able to continue game with no data loss after power failure; 

E. Previous and current game data recall; 

F. Random selection process that satisfies ninety-five percent (95%) 

confidence level using standard chi-squared, runs, and serial 

correlation tests; - 

G. Clearly displays applicable rules of play and payout schedule; 9 

-. -3 

H. Displays an accurate set of non-volatile meters, in, out, drop, handle, ' 

and jackpot. -- r. * 

v 

2. Minimum Pavback; The minimum payback value of one credit played on a 

slot machine shall be at least eighty percent of the value of the credit. No 

slot machine may be played by more han one person at a time 
Section 174-2. Age Limit for Players. Any participant in a card game, slot machine, or 

electronic gaming machine shall be twenty-one (21) years of age or older at the time of 

hislher participation. 

Section 17-64. Requirements for Persons Having Interest. Any person, stockholder 

or officer in any corporation, or partner in any partnership who is a manufacturer, operator 

or retailer who is connected with the conduct of card games, slot machines and/or slot 

machines shall be: 

1. A person of good character, honesty and integrity; 

2. A person whose prior activities, criminal record, reputation, habits and 

associations do not pose a threat to the public interest of the Tribe or the 

gaming industry and do not 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; 

3. A person who has not been convicted of a felony in this or any other 

jurisdiction, unless ten (10) years have passed since satisfactory completion 

of the sentence or probation imposed by the court in each felony, has not 

been found to have violated the provisions of this Ordinance, and has not 

knowingly made a false statement of material facts to the Commission or its 

legal counsel. 

Section 17-64. Exclusion of Persons from Gaming Establishments. The Commission 

shall have the authority to eject and/or exclude certain persons from licensed gaming 

establishments when the presence of said person poses a threat to the interest of the 

Flandreau Santee Sioux Tribe, the State of South Dakota or to licensed gaming. 

1. Criteria for exclusion, In making the determination for ejection or exclusion, 

the Commission may consider the following: 

A. Prior conviction of a felony, a misdemeanor involving moral turpitude 

or a violation of the gaming laws of any tribe, state, the United States 

or any of its possessions or territories; 

B. A violation, attempt to violate or conspiracy to violate the provisions 

of this chapter relating to the failure to disclose an interest in a 
gaming establishment for which the person must obtain a license or 

make disclosures to the Commission; 

C. Intentional evasion of fees or taxes; 

D. Notorious or unsavory reputation that would adversely affect public 

corrfidence and trust that the gaming industry is free from criminal or 

corruptive influences; 

2. Notice to Dersons excluded, If the name and description of any person are 

placed on the exclusion list, the Commission shall serve notice of such 

action upon the person by one of the following means: 

A. By personal service; 

B. By mailing a copy of the notice by certified mail to the last known 

address of the person; or 

C. By publishing a copy of the notice in an official newspaper in Moody 

County, South Dakota. 

3. Protest of exclusion. A person whose name appears on the exclusion list 

may contest such action by filing a written protest with the Commission and 

may request a hearing before the Commission.