Community Builthng Tribal Clerk

Hogansburg, New York 13655 Carol Herne

Tel 518-358-2272 TrIbal Administrator

Fax 51 8-358-3203 Angus N. McDonald

WHEREAS, the Saint Regis Mohawk Tribal Council is a

federally recognized governing body of the Saint

Regis Mohawk Reservation; and

the Saint Regis Mohawk Tribal Council by majority

vote through TCR 93-102, authorized the

establishment of an independent five (5) member

Tribal Gaming Commission with authority over Class

II and Class III Gaming operations through the

adoption and ratification of a Tribal Gaming

Ordinance (Ordinance); and

WHEREAS, the Tribal Council through Resolution 94-124

amended Article III in the Ordinance, to add the

term Licensing; and

the Tribal Council deems it necessary to make

further amendments to the Ordinance in order for

the Tribal Gaming Commission to effectively

regulate and enforce the Ordinance, Tribal/State

Compact, I.G.R.A., and all other applicable

federal Indian gaming laws;

NOW, THEREFORE, BE IT RESOLVED that in order for the Tribal

Gaming Commission to effectively regulate and enforce the

Ordinance, the Commission is empowered to levy fines, and

penalties, to issue temporary and permanent licenses, and to

revoke such licenses, and issue subpoenas through its delegated

licensing authority.

BE IT FURTHER RESOLVED that the Tribal Council hereby adopts and

ratifies the amendment to the Tribal Gaming Ordinance which is

attached hereto and further authorizes said amendment to be

forwarded to the National Indian Gaming Commission.

\TGO_AMND. LAN

St. Regis Mohawk Tribe Tribal Chiefs

John S. Loran

Norman J. Tarbell

Philip H. Tarbell

TRIBAL COUNCIL RESOLUTION

95-53

WHEREAS,

WHEREAS,

1
SAINT REGIS MOHAWK TRIBAL COUNCIL:

Date

Date

~/(/ ~

CERTIFICATION: This is to certify that the above Resolution was

duly passed through a majority vote by the Saint Regis Mohawk

Tribal Council pursuant to the authority vested therein.

Carol T. Herne,

..) /

Tribal Clerk

It: ~ /7Y:,~

~iDate

Recorded in Tribal Book:

Book NO. ____________

Page No. ____________

2
AMENDMENT

to the

ST. REGIS MOHAWK TRIBAL GAMING ORDINANCE

The Saint Regis Mohawk Tribe adopted and ratified a Tribal

Gaming Ordinance through Tribal Council Resolution 93-102, dated

December 16, 1993, in accordance with the Indian Gaming

Regulatory Act, Pub.L. 100-497, 25 U.S.C. S2701 et seq

WITNESSETH

WHEREAS, the Tribal Gaming Ordinance was duly executed and

approved by the Chairman of the National Indian Gaming Commission

on January 21, 1994, and notice of such approval was published in

the Federal Register, Vol. 59, Pages 10185 -

10186 (59 FR 10185);

and

WHEREAS, the Tribal Council deems it necessary to delegate

to the Tribal Gaming Commission the authority to effectively

regulate and enforce the Ordinance, Tribal/State Compact,

I.G.R.A., and all other applicable federal Indian gaming laws.

NOW THEREFORE, the Saint Regis Mohawk Tribe, through the

authority vested herein as witnessed in the above Tribal Council

Resolution ~9~ hereby approves the amendments to the

Tribal Gaming Ordinance as follows:

(Article X. has been changed and restructured to read as

follows:)

Article X. Background Investigations and Licenses:

A. Class II

With regard to Class II, background investigations and the

issuance of licenses/registrations to gaming employees and to

gaming service enterprises, upon completion of an application

which appears on its face to answer all questions, and does not

otherwise demonstrate ineligibility for a license, the

Chairperson of the Tribal Gaming Commission may at his/her

discretion grant a temporary license or registration which shall

remain valid until (1) such license or registration is, at the

Chairpersons discretion, revoked or (ii) upon satisfactory

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completion of a background investigation, a permanent license is

granted.

All application forms for gaming employees shall be

completed and either returned or postmarked within fourteen (14)

days of receipt by the applicant.

All application forms for gaming service enterprises shall

be completed and either returned or postmarked within thirty (30)

days of receipt by the applicant.

B. Class III With regard to Class III gaming, background

investigations and the issuance of licensed/registrations to

gaming employees and to gaming service enterprises shall be

conducted pursuant to Sections 5 and 6 of the Compact.

Article XIII. Powers and Duties of the Tribal Gaining Commission:

B. With regards to subpoena powers, the Tribal Gaming

Commission may in order to investigate any aspect of a gaming

operation, issue subpoenas, and in doing so, require and review

records of or concerning any gaming operation, and to compel any

gaming person employed by any such operation, or doing business

with such operations to appear before it, and to provide such

information, records or other materials as may be in their

possession to assist in any investigation.

M. 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 the Gaming Operation, may raise such dispute with the

following persons and in the following recommended order:

1. Employees of the Gaming Operations.

2. The supervisor in the area in which the dispute arose.

3. The General Manager of the Gaming Operation.

4. The Tribal Gaming Commission.

At each level, the complainant has the right to explain

his/her 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 given a copy

of the impartial dispute resolution procedures adopted by the

Tribal Gaming Commission or as agreed to in the Tribal/State

Compact. The complainant shall be informed of the right to take

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the dispute to the next higher level.

Resolution of any dispute by an employee of the Gaming

Operation should always involve two or more employees, one of

which should involve the next immediate supervisor. All

disputes, whether resolved or not, should be subject to a

documented detailed report by all employees involved and

submitted to their supervisors, or, in the case of the General

Manager, to the Gaming Commission.

The Tribal Gaming Commissions action on customer disputes.

All disputes which are ~ubmitted to the Tribal Gaining Commission

shall be decided by the Tribal Gaming Commission based on

information provided by the complainant, any witnesses, documents

provided by the complainant, or by the General Manager, or any

other person who has relevant information to provide. The

decision of the Tribal Gaming Commission shall be in writing,

within a reasonable amount of time after submission of the matter

to the Tribal Gaming Commission, and shall be provided to the

General Manager of the Gaming Operation and to the complainant.

T. To oversee the Gaming Operations and assure compliance

with established operating procedures that protect the integrity

of the games played. Controls and procedures must be strictly

adhered to in order to protect the Tribe from corrupt influences,

and to ensure that any Class II and Class III gaming Is

conducted fairly and honestly by all parties involved.

U. -The Tribal Gaming Commission is empowered to levy fines

and penalties for violations of the Ordinance, the Compact and

the Act (ILG.R.A.), and to issue subpoenas through its.delegated

licensing authority. Further, the Tribal Gaming Commission has

the power to adopt rules and regulations governing procedures

that enhance the Tribes effectiveness to selfregulate their

Gaming Operations. The Tribal Gaming Commission may impose any

of the following civil penalties:

1. Termination, suspension or exclusion from employment in

any Gaming Operations or other appropriate employee

discipline;

2. Exclusion from admittance into any Class II or Class

III Gaming Operation;

3. A fine (penalty) of not more than $10,000 per

violation, the exceptions are a general manager, owner

or controlling person, or a party to a management

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contract, shall be subject to a fine of not more than

$25,000 per violation, and actual damages to the Tribe

or its Gaming Operations.

V. The Tribal Gaming Commission has the final authority

and responsibility to interpret and implement the Gaming

Ordinance and its rules and proceedings before it.

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Enacted by the Saint Regis Mohawk Tribal Council on this ?Y~day

of ____________

1995.

~7. Lor~n, Head Chief

~ _ ~ I

Norman 3. Tarbell, Chief

. 7 7

Philip H. Tarbell, Chief

/ ATTESTED TO AND RECORDED IN THE TRIBAL RECORDS:

Tribal Clerk: ~ ~ ~://,/9~

Carol T. Herne Date

Recorded in Tribal Book:

Book No. _____________

Page No. _____________

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