Joseph P. OILeary 

Office of the Tribal Attorney 

Xeweenaw Bay Indian community 

Route 1, Box 45 

Baraga, Michigan 49908 

Dear k. 08Leary: 

This letter responds to your request to reviewand approve the - 

tribal gaming ordinance adopted by the Keweenaw Bay Indian 

Community (the Community) on January 15, 1994. This letter 

constitutes such approval under the Indian ~aming 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 IGfU 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. 

i 

! 

I 

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

the Community 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 primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report on each 1 

background investigation before issuing a license to a key i 

employee or primary management official pursuant to 25 C.F.R. 

fi 556.5(b). 

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

gaming'only on Indian lands as defined in the IGRA. 

Thank you for submitting the ordinance of the Keweenaw Bay Indian 

Community for review and approval. The NIGC staff and I look 

forward to working with you and the Community in implementing the 

IGRA. 

- 

sincerely yours, 

Anthony J. Hope 

Chairman 

1850 M STREET. N W. SLliTE 250 WASHINGTON. DC 20036 TEL 202 632.7003 FAX 202-632.7066 
. KEWEENAW BAY INDIAN COMMUNITY 

1993 

TRIBAL COUNCU 

FRED DAKOTA. Presidml 

WAYNE SWARlZ Vioc-Rwidml 

ANN DM. Sccraar/ 

WILLIAM E. EMERY. ASSL Soc. 

AMY ST. ARNOII).TfU.Sw 

Keweenaw Bay Tribal Center 

Baraga, Michigan 49908 

Phone (906) 353-6623 

Fax (906) 353-7540 

RESOLUTION 

KB-396-94 

BU CARDINAL 

ROSEMARY HAATAJA 

MICHAELLAFERNIER 

CHARIS LOONSFOOT. SR. 

ISADORE MlSEOAN 

MYRTLE TOLONEN 

ROBERTVOAKES 

WHEREAS: The Keweenaw Bay Indian Community (KBIC) is a federally 

recognized Indian Tribe, organized pursuant to the 

provisions of the Indian Reorganization Act of 1934, 48 

Stat. 984, 25 U.S.C. 476, with a Constitution and by-laws 

duly approved by the United States Secretary of the Interior 

on December 17, 1936; and 

WHEREAS: Article VI, Section (a) of the KBIC Constitution imposes a 

duty on the KBIC Tribal Council to protect the health, 

security and general welfare of the Keweenaw Bay Indian 

Community; dnd 

WHEREAS: The KBIC Tribal Council has determined that the operation 

of gaming enterprises upon land under the jurisdiction of 

KBIC advances the duty described above by providing 

employment opportunities for tribal members, by providing 

revenues to fund KBIC economic development, to donate to 

charitable purposes to help fund operations of other local 

governmental agencies and to otherwise provide for the 

general welfare of the KBIC; and 

WHEREAS: The KBIC Tribal Council adopted policies and regulations 

governing gaming on KBIC reservation on August 6, 1984, and 

adopted superseding regulations governing such activity on 

November 9, 1985; and 

WHEREAS: On August 19, 1992, the KBIC Tribal Council adopted a 

comprehensive gaming ordinance intended to bring KBIC's 

gaming regulations into full compliance with the Indian 

Gaming Regulatory Act (IGRA), 25 U.S.C. 2701, et seq; and 

WHEREAS: By Resolution #KB-379-93 the KBIC Tribal Council amended 503 

and 504 of the KBIC Gaming Ordinance and directed the KBIC 

Tribal Attorney to submit the Gaming Ordinance to the 

National Indian Gaming Commission (NIGC) for review and 

approval; and 

WHEREAS: By letter dated December 21, 1993, the NIGC identified three 

minor deficiencies in KBICfs Gaming Ordinance submission 

which the KBIC Tribal Council desires to correct; and 

LAKE SUPERIOR BAND OF CHIPPEWA INDIANS 
WHEREAS: In addition to the changes suggested by the NIGC, the KBIC 

Tribal Council wishes to amend 405(a) of the Gaming 

Ordinance in order to make it consistent with Section 2(B) 

of the Augu,st 20, 1993 gaming compact between KBIC and 

Michigan. The August 20, 1993 compact was formally approved 

by the Secretary of the Interior on November 30, 1993. 

NOW THEREFORE BE IT RESOLVED THAT the KBIC Tribal Council hereby 

designates the KBIC Tribal Attorney as its agent to receive 

service of process pursuant to 25 C.F.R. 519.1; and 

BE IT FURTHER RESOLVED THAT 504(a) and 201(30) of the KBIC Gaming 

Ordinance are hereby amended to be consistent with the 

recorqmendations of the NIGC, and 405 (a) of the Ordinance is 

amended to be consistent with Section 2(B) of the 

KBIC/Michigan Gaming Compact of August 20, 1993. 

CERTIFICATION 

The foregoing resolution was duly adopted by the Keweenaw Bay Tribal 

Council with a quoswm present during its regular/special session on 

day of 3fl~~~fi~ 1994, by a vote of j/ in 

opposed, and ! () abstaining. 

LL& 

ANN DURANT, Secretary 

Keweenaw Bay Tribal Council 
KEWEENAW BAY INDIAN COMMUNITY 

1993 

TRIBAL CQUNCL 

FRED DAKOTA. R+sidmc 

WAYNE SWARIZ. ViaRtsidcnt 

ANN DW. Sccrctary 

WlU.lAM E. EMERY. Assr SE~. 

AMY ST. ARNOLD. Trosurcr 

WHEREAS : 

WHEREAS : 

WHEREAS : 

WHEREAS : 

WHEREAS : 

WHEREAS : 

WHEREAS : 

Keweenaw Bay Tribal Center 

Baraga, Michigan 49908 

Phone (906) 353-6623 

Fax (906) 353-7540 

RESOLUTION 

#KB-379-93 

BILL CA?DINAL 

ROSEMARY HAATAJA 

MICHAEL LAFERNIER 

cWdtE.5 LOONSFOOT. SR. 

ISADORE MISEGAN 

MYRTLE TOLONEN 

ROBERT VOAKES 

The Keweenaw Bay Indian Community (KBIC) is a federally 

recognized Indian Tribe, organized pursuant to the 

provisions of the Indian Reorganization Act of 1934, 

48 Stat. 984, 25 U.S.C. S476, with a Constitution and bylaws duly approved by the United States Secretary of the 

Interior on December 17, 1936: and 

Article VI, Section (a) of the KBIC Constitution imposes 

a duty on the KBIC Tribal Council to protect the health, 

security and general welfare of the Keweenaw Bay Indian 

Community; and 

The Keweenaw Bay Indian Community Tribal Council has 

determined that the operation of gaming enterprises upon 

land under the jurisdiction of KBIC advances the duty 

described above by providing employment opportunities for 

tribal members and by providing revenues to fund KBIC 

economic development, to donate to charitable purposes, 

to help fund operations of other local governmental 

agencies and to otherwise provide for the general welfare 

of the KBIC; and 

The KBIC Tribal Council adopted policies and regulations 

governing gaming on KBIC' s reservation on August 6, 1984, 

and adopted superseding regulations governing such 

activity on November 9, 1985; and 

On August 19, 1992 the KBIC Tribal Council adopted a 

comprehensive gaming ordinance intended to bring KBIC's 

gaming regulations into full compliance with the Indian 

Gaming Regulatory Act (IGRA), 25 U.S.C. S2701, & seq; 

and 

On August 20, 1993 a compact governing the operation of 

Class I11 gaming upon Tribal lands was agreed to and 

signed by the Governor of the State of Michigan and the 

KBIC Tribal Chairman; and 

The compact has been approved by the KBIC Tribal Council, 

both Houses of the Michigan State Legislature and has 

been forwarded to the Secretary for approval and 

publication in the Federal Register; and 

LAKE SUPERIOR BAND OF CHIPPEWA INDIANS 
WHEREAS: The KBIC Tribal Council desires to amend §§503 & 504 of 

the KBIC Gaming Ordinance and further desires that the 

ordinance be reviewed by the Chairman of the National 

Indian Gaming Commission and be published in the Federal 

Register. 

NOW THEREFORE BE IT RESOLVED THAT the Keweenaw Bay Tribal Council 

hereby adopts the amendments to §§503 & 504 of the KBIC 

Gaming Ordinance; and 

BE IT FURTHER RESOLVED, that the KBIC Tribal Council hereby directs 

the KBIC Tribal Attorney to forward the KBIC Gaming 

Ordinance, as amended, to the Chairman of the National 

Indian Gaming Commission for review, approval and 

publication along with a copy of this resolution and any 

other materials necessary to the approval process. 

CERTIFICATION 

The foregoing resolution was duly adopted by the Keweenaw Bay 

Tribal Council with a quorum present during its regular/special 

session on this 16 day of October, 1993, by a vote of 10 in 

favor, 0 opposed, and 0 abstaining. 

LLL-4- 

ANN DURANT, Secretary 

Keweenaw Bay Tribal Council 
, / 

(?--,I; 

i Y 

Keweenaw Bay Indian Community 

GAMING ORDINANCE 

293 

NPPBOVEID) 

1Ly7'?+4 1 
234 KBIC GAMING ORDINANCE 

KEWEENAW BAY INDIAN COMMUNITY 

GAMING ORDINANCE 

TABLE OF CONTENTS 

CHAPTER 1

Findings. . Intent and Policy .............. 296 

$101 Findings ................................... 296 

$102 Intent ....................................... 296 

$103 Policy .................................. 297 

a . KBIC Tribal Policy of 

Self-Government ................. 297 

b . Tribal Gaming Policy .......... 297 

CHAPTER 2

$201 Definitions ................................ 297 

1) "Adjusted gross proceeds" ...... 297 

2) "Bingo" ..................................... 297 

3) "Breakage" ............................... 297 

4) "Capital Cost" .......................... 297 

5) "Casino" ................................... 297 

6) "Charitable gaming ticket" ..... 297 

7) "Cheating" ............................... 297 

8) "Compensation" ....................... 297 

9) "Contractual agreement" ........ 297 

10) "Council" or "Tribal Council" 297 ... 11) "Education. charitable. 

patriotic. veterans. fraternal. 

religious. civic. or public-spirited 

uses" ........................................ 298 

12) "Eligible organizations" .......... 298 

13) "Equipment for games 

of chance" ................................ 298 

14) "Exclusive license" .................. 298 

15) "Games of chance" ................... 298 

16) "Gaming" or 

"gaming activity" ..................... 298 

"Gaming apparatus or gaming 

equipment" ............................. 298 

"Gaming establishment" ......... 298 

"Gaming Program" .................. 298 

"General Manager" ................. 298 

"Gross proceeds" ..................... 298 

"Indian Gaming Regulatory Act* 

or IGRA" ................................. 298 

"Immediate Family" ................ 298 

"In privity withn ...................... 298 

"IRS " ........................................ 298 

26) "Key employee" ........................ 298 

27) "License" .................................. 299 

28) "Lotto" ...................................... 299 

29) "National Indian Gaming 

Commission" .......................... 299 

30) "Net proceeds" ......................... 299 

31) "Operator" ............................... 299 

32) "Ordinance" ............................. 299 

33) "Participate" or "Participation" 

or "Participating" ................... 299 

34) "Person" .................................... 299 

35) "Player" .................................... 299 

36) "~r&ary Management 

Official" .................................. 299 

37) "Progressive gaming" 299 .............. 38) "Pull.tabs. punchboards. 

and tip jars" ............................ 300 

39) "Raffle" .................................... 300 

40) "Resel-vation" ........................... 300 

41) "State" ...................................... 300 

42) "Takeout" ................................. 300 

43) "Tele-bet" ................................. 300 

44) "Tele-bingo" .............................. 300 

45) "Tribal Court" .......................... 300 

46) "TribaVstate compact" 300 ............ 47) "Tribe" ...................................... 300 

48) "Twenty-one" ........................... 300 

49) "Wager" .................................... 300 

50) "Wagering Office" 300 ................... 

CHAPTER 3

General Provisions ............................. 300 

$301 Authority and Sovereign Powers 

and Responsibilities ................ 300 

$302 Application of Federal Law .... 300 

$303 Title. Repeal of Prior Laws. 

and Effect of Repeal ................ 301 

$304 Classes of Gaming ................... 301 

a "Class I Gaming" . ................. 301 

b "Class . I1 Gaming" 301 ............... c "Class . I11 Gaming" .............. 301 

$305 Construction ............................ 301 

$306 Saving Clause .......................... 301 

$307 Effective Date .......................... 301 
SLE OF CONTENTS FOR KBIC GAMING OR . JVCE 295 

CHAPTER 4

Gaming Licenses ................................ 302 

$40 1 Applicability ............................ 302 

$402 License Required .................... 302 

$403 Types of Licenses .................... 302 

a . Tribally Owned or Tribally 

operated Class I1 ............ , ... 302 

b . Tribally Owned or Tribally 

Operated Class I11 ............... 302 

$404 Application Procedures .......... 302 

a . Existing Tribally Owned or 

Tribally Operated Class I1 

and Class 111 ........................ 302 

b . Tribally Owned or Tribally 

Operated Class I1 ................ 302 

c . Tribally Owned or Tribally 

operated Class I11 .......... 1 .... 303 

$405 Threshold Criteria which 

a Potential Operator 

Must Meet ................................ 303 

$406 License Application Fees ........ 303 

$407 License k .............................. 304 

$408 Terms of License ..................... 304 

$409 Posting of License ................... 304 

$410 Gaming License Renewals ..... 304 

$411 Annual Reports ....................... 304 

$412 Closure of a Tribally Licensed 

Gaming Activity ...................... 305 

CHAPTER 5

Gaming Employee Licenses ............... 305 

$501 Current and Valid Gaming 

Employee License Required ... 305 

$502 Application Procedure ............ 305 

$503 Review Procedure ................... 307 

$504 Scope of License ...................... 308 

$505 Licensing Period ...................... 308 

$506 Renewals .................................. 308 

$507 Requirement to Produce 

License Upon Request ............ 308 

$508 Permanent License Suspension 

or Revocation: Employee 

Gaming License ...................... 308 

a . Grounds for Temporary 

Suspension or Revocation .. 308 

b . Procedure for Temporary 

Suspension or Revocation .. 309 

$509 Temporary Suspension of 

Employee Gaming License ..... 309 

CHAPTER 6 

Provisions of General Applicability 

to All Operators .................................. 310 

CHAPTER 7 

Enforcement ....................................... 312 

$701 Jurisdiction .............................. 312 

$702 Prohibited Acts ........................ 312 

$703 Criminal wolation ................... 314 

$704 Civil Violation .......................... 314 

$705 Cumulative Fines .................... 314 

$706 Purpose of Civil Penalties ....... 314 

$707 Civil Action for Penalties ........ 314 

$708 Seizure of Property ................. 314 

$709 Reporting of Offenders ........... 314 

CHAPTER 8

Operation of nibally Owned or 

nibally Operated Games .................. 315 

$801 Management by a General 

Manager ................................... 315 

$802 Management of Youth Club 

Bingo and Senior Citizens 

Bingo ........................................ 315 

$803 Use of Net Revenues of Tribally 

Owned or Tribally Operated 

Gaming Enterprises ................ 316 

$804 Audit Requirements ................ 316 

$805 Management Contracts .......... 316 
296 KBIC GAMING ORDINANCE 

KWEENAW BM INDIAN COMMUNITY 

GAMING ORDINANCE 

An ordinance to authorize, license and 

regulate certain forms ofgaming within the 

jurisdiction of the fiweenaw Bay Indian 

Community. 

CHAPTER 1 - FINDINGS, INTENT AND 

POLICY 

§I01 Findings. 

The Keweenaw Bay Tribal Council on behalf of the Keweenaw Bay Indian Community finds that: 

a. Tribal regulation and control of gaming 

activity within the jurisdiction of the 

Keweenaw Bay Indian Community is essential for the protection of public health and 

welfare, and the interests of the Tribe and 

the residents and visitors to the tribal community. 

b. The Keweenaw Bay Indian Community has the legal authority to license and 

regulate any gaming activity within its jurisdiction which is not specifically prohibited by federal law. 

c. Properly licensed and regulated gaming enterprises are in conformance with announced federal policy promoting Indian 

self-government and Indian tribal economic 

self-sufficiency. 

d. It is essential that the Tribal Council 

regulate gaming in a manner commensurate with applicable federal and tribal law 

and policy. 

e. The present needs of the Keweenaw 

Bay Indian Community include increased 

employment, training, housing, health care, 

nutrition, educational opportunities, social 

services and community and economic development, needs which are not adequately 

addressed by state and federal programs. 

f. Tribal operation and licensing of gaming activity is a legitimate means of generating revenue to address the above described needs. 

g. The Tribe is vigorously pursuing its 

goals of self-sufficiency and self-determination through the development of tribal businesses and enterprises. Because the L'Anse 

Reservation lacks income-generating natural resources, the Tribe has been forced to 

use tribal business development to raise the 

funds necessary to expand its programs, increase employment and improve its onreservation economy. This effort has recently become of increased importance as a 

result of cutbacks in federal and state funding and the increased costs of self-government. It is, therefore, essential that the 

Tribe develop new and expanded sources of 

revenue to support its ever-increasing governmental and programmatic needs and to 

provide much needed employment for tribal 

members. 

h. As a result of Subsections 101(a) and 

101(g) above, the adoption of the following 

new and expanded gaming Ordinance is in 

the best interest of the Keweenaw Bay 

Indian Community. 

9102 Intent. 

The Keweenaw Bay Tribal Council, on behalf of the Keweenaw Bay Indian Community, declares that the intent of this 

Ordinance is to: 

a Regulate, control, and oversee all gaming within the jurisdiction of the Keweenaw 

Bay Indian Community. 

b. State, declare and otherwise clarify 

that a tribal license to operate a gaming enterprise is a revocable privilege, not a right. 

c. Ensure that the operation of triballyregulated gaming can continue as a means 

of generating tribal revenue. 

d. Ensure that gaming is conducted fairly 

and honestly by both operators and players, 

and that it remain free from corrupt, incompetent, unconscionable and dishonest practices. 

e. Encourage tribal economic development and employment opportunities. 

f. Ensure that all gaming revenue is used 

for the benefit of the Tribe and its communi ty. 

g. Ensure that the Tribe provide a fair 

and impartial forum for the resolution of all 

gaming disputes. 

h. Ensure that tribal gaming laws are 
strictly and fairly enforced upon all people 

involved in gaming activity within the jurisdiction of the Keweenaw Bay Indian 

Community. 

8103 Policy. 

a. fiweenaw Bay Ribal Policy of SelfGovernment. 

The Tribe is firmly committed to the 

principle of tribal self-government. Consistent with federal policy, the Keweenaw Bay 

tribal government provides a wide range of 

public services on the Reservation, including general governmental services, the 

maintenance of peace and good order, the 

establishment of educational systems and 

programs, and the promotion and regulation of economic activities within the 

sovereign jurisdiction of the Tribe. 

b. Dibal Gaming Policy. 

The establishment, promotion and operation of gaming is necessary and desirable, 

provided that such gaming is regulated and 

controlled by the Tribe pursuant to tribal 

and federal law and any tribaystate compact authorized by the Indian Gaming 

Regulatory Act, and that the proceeds of 

such gaming are used exclusively for the 

benefits of the Tribe as required by the 

IGRA. When operated in accordance with 

the provisions of this Ordinance, such gaming shall be beneficial to the general welfare 

of all residents of the Reservation. 

CHAPTER 2 - DEFINITIONS 

9201 Definitions. 

In this Ordinance, except where otherwise specifically provided or the context otherwise requires, the following terms and expressions shall have the following 

meanings: 

1) "Adjusted gross proceeds" means gross 

proceeds less all cash prizes or the aggregate price of merchandise prizes, except in 

the case of the games of draw poker and 

stud poker. Regarding games of draw poker 

and stud poker, "adjusted gross proceeds" 

means the time buy-ins or tournament fees 

collected by the operator. 

2) "Bingo" means the game of chance 

commonly known as bingo (whether or not 

electronic, computer, or other technologic 

aids are used in connection therewith) 

which is played for prizes, including monetary prizes,with cards bearing numbers or 

other designations, in which the holder of 

each 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, including (if played in 

the same location) pull-tabs, lotto, punch 

boards, tip-jars, instant bingo and other 

games similar to bingo. 

3) "Breakage" means the remainder by 

which the amount payable on each dollar 

wagered exceeds a multiple of ten cents, 

and in a minus pool, five cents. 

4) "Capital cost* means any disbursement 

for personal property, the useful life of 

which is expected to extend beyond one 

year. 

5) "Casino" means an establishment in 

which several gaming activities or enterprises are operated. 

6) "Charitable gaming ticket" means any 

game piece used in the play of a paper pull 

tab game, or jar ticket, or raffle. 

7) "Cheating" means a person's operating 

or playing in any game in a manner in violation of the written or commonly understood 

rules of the game, with the intent to create 

for himself or someone in privity with him 

an advantage over and above the chance of 

the game. 

8) "Compensationn means all wages, 

salaries, bonuses, and all other forms of remuneration for services rendered. 

9) "Contractual agreement" means any 

legally binding agreement made between an 

operator and another person for the purpose 

of conducting any form of laa gaming activity, or providing goods or services to any 

lawful gaming activity or operation. 

10) "Council" or "Tribal Council" means 

the governing body of the Keweenaw Bay 

Indian Community. 
298 KBIC GAMING ORDINANCE 

11) "Educational, charitable, patriotic, 

veterans, fraternal, religious, civic, or public-spirited uses are: 

a Uses benefiting an indefinite number of people by bringing them under 

the influence of education or cultural 

programs. 

b. Uses otherwise lessening the burden of the Keweenaw Bay Tribal government. 

c. Uses benefiting one or more people 

suffering from a seriously disabling disease or injury causing severe loss of income or incurring extraordinary medical 

expense which is uncompensated by insurance. 

d. Uses for community service projects which promote the common good, 

enhance the social and economic welfare 

of the community, and benefit an indefinite number of people. 

12) "Eligible organization" means any 

non-profit organization operated for educational, charitable, patriotic, veterans, fraternal, religious, civic, or public-spirited purposes, or for the relief of poverty, distress, or 

other deleterious conditions on the L'Anse 

Reservation. 

13) "Equipment for games of chance." 

See "Gaming Apparatus." 

14) "Exclusive license" means a license 

which precludes the Tribe from issuing to 

another a license for the same specific form 

of gaming during the life of the exclusive license. An applicant must demonstrate and 

the Tribal Council must find that the issuance of an exclusive license is in the economic interest and welfare of the Tribe. 

15) "Games of chance" means any game 

or activity which falls within the broad definition of gaming or gaming activity. 

16) "Gaming" or "gaming activity means 

any activity, operation or game of chance in 

which any valuable consideration may be 

wagered upon the outcome determined by 

chance, skill, speed, strength or endurance, 

and in which any valuable prize is awarded 

to the player so wagering. 

17) "Gaming apparatus or gaming equipment" means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gaming 

activity, whether or not specifically designed 

for the purpose, but excluding tables and 

chairs normally used in the occupancy of 

any gaming establishment. 

18) "Gaming establishment" means any 

location or structure, stationary or movable, 

wherein gaming is permitted, promoted, 

performed, conducted, or operated and the 

operator of which establishment contributes 

the net proceeds derived from the gaming 

toward eligible organizational uses as defined. Gaming establishment does not include the site of a fair, carnival, exposition, 

or similar occasion. 

19) "Gaming Program" means any Tribal 

Program which oversees one or more parts 

of the operation of all tribal gaming activity. 

20) "General Manager" means the person 

appointed by the Tribal Council pursuant to 

$801 of this Ordinance, who is responsible 

for overseeing all tribally owned and tribally operated gaming establishments listed in 

$404 (aI(1)-(4). 

21) "Gross proceeds" means all money 

collected or received from lawful gaming activity. 

22) "Indian Gaming Regulatory Act" or 

"IGRA" means Public Law 100-497, 102 

Stat. 2426,25 U.S.C. 2701, et. seq. (1988), as 

amended. 

23) "Immediate Family" means, with respect to the person under consideration, a 

husband, wife, father, mother, son, daughter, brother, sister, father-in-law, stepfather, 

stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half sister. 

24) "In privity with" means a relationship involving one who acts jointly with another or as an accessory before the fact to an 

act committed by the other or as a co-conspirator with the other. 

25) "IRS" means the United States 

Internal Revenue Service. 

26) "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; 

c. If not otherwise included, the four 

most highly compensated persons in 

the gaming operation; or 

d. Any employee whom the Tribal 

Council may by written notice classify 

as a key employee. 

27) "License" means the official, legal, 

and revocable permission granted by the 

Tribal Council to an applicant to conduct licensed gaming activity on the tribal lands of 

the KBIC. 

28) "Lotto" means a form of gaming in 

which the proceeds derived from the sale of 

tickets or chances are pooled and those proceeds or parts thereof allotted by chance to 

one or more chance takers or ticket purchasers. 

The amount of cash prizes or winnings 

are determined by the operator conducting 

the "lottery" and a progressive pool is permitted. 

Tele-lottery means that the drawing is 

televised for use in a cable television broadcast. 

29) "National Indian Gaming Cornmission" means the National Indian Gaming 

Commission established by the Indian 

Gaming Regulatory Act. 

30) "Net proceeds" means gross gaming 

revenues less: 

a. Amounts paid out as, or paid for, 

prizes; and 

b. Total gaming related operting expenses, excluding management fees. 

31) "Operator" means a person which 

has obtained a gaming license under this 

Law or which is otherwise permitted by this 

law to perform, promote, conduct, or operate any lawful gaming activity on tribal 

lands at a gaming establishment. 

32) "Ordinance means the Keweenaw 

Bay Indian Community Gaming Ordinance. 

33) "Participate" or "Participation" or 

"Participating" in any gaming activity 

means operating, directing, financing or in 

any way assisting in the establishment of or 

operation of any class of gaming or any site 

at which such gaming is being conducted, 

directly or indirectly, whether at the site in 

person or off the Reservation. 

34) "Person" means any individual, partnership, joint venture, corporation, joint 

stock company, company, firm, association, 

trust, estate, club, business trust, municipal 

corporation, society, receiver, assignee, 

trustee in bankruptcy, political entity, and 

any owner, director, officer or employee of 

any such entity, or any group of individuals 

acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, the 

government of the Tribe, any governmental 

entity of the Tribe, or any of the above listed 

forms of business entities that are wholly 

owned or operated by the Tribe; provided, 

however, that the term does not include the 

federal government and any agency thereof, 

the plural of "person" is "people". 

35) "Player" means a person participating in a game with the hope of winning 

money or other benefit, but does not include 

an operator, or any assistant of an operator. 

36) "Primary Management Officialn 

means: 

a. The person having management 

responsibility for a management contract; 

b. Any person who has authority: 

1. To hire and fire employees; or 

2. To set up working policy for the 

gaming operation; or 

c. The chief financial officer or other 

person who has financial management 

responsibility. 

37) "Progressive Gaming" means any 

game in which a cash prize which, not being 

won by any player during any game, is retained and further monetarily enhanced by 
the operator or eligible organization, and offered as a prize to players in the next game. 

38) "Pull-tabs, punchboards and tip jars" 

means a form of gaming in which preprinted cards utilizing symbols or numbers in 

random order which are uncovered by random choice in expectation of cash prizes if 

prescribed combinations of symbols and 

numbers are revealed. 

39) "Raffle* means a form of gaming in 

which each player buys a ticket for a chance 

to win a prize with the winner determined 

by a random method. "Raffle" does not include a slot machine. 

40) "Reservation" means all lands within 

the original confines of the L'Anse Federal 

Indian Reservation, reserved to the Tribe in 

the Treaty with the Chippewa of 1854, and 

all other lands added thereto by Executive 

Order, federal statute or other legal action. 

41) "State" means the State of Michigan. 

42) "'hkeout* means that portion of a 

wager which is deducted from or not included in the pari-mutuel pool, and which is distributed to people other than those placing 

wagers. 

43) "Tele-bet" means any system of telephone account wagering on a gaming event. 

44) "Tele-bingo* means a form of lawful 

gaming defined as "bingo" which is conducted on tribal lands, but through a system 

combining the use of computers and cable 

television or telephone lines, and does not 

require the presence of the players at the 

site from where the telecast is originating. 

The presence of players is required however, 

at the site on the reservation where the telebingo game is being offered. 

45) "Tribal Court* means the Tribal 

Court of the Keweenaw Bay Indian 

Community. 

46) "TribaVstate compact" means any 

gaming compact between the Tribe and the 

State, as authorized by the Indian Gaming 

Regulatory Act (IGRA), or by state or tribal 

law. 

47) "Tribe" means the Keweenaw Bay 

Indian Community. 

48) "Twenty-one," also known as "blackjack," is the card game played by a maximum of seven players and one dealer 

wherein each player plays his hand against ' the dealer's hand, the object of which is for a 

1 player to obtain a higher total card count 

than the dealer by reaching 21 or as close to I 

21 as possible without exceeding that count. 

The cards have the following value: 

a. Aces count either as one or 11, at 

the player's option. 

b. Kings, queens, and jacks each 

have a count of ten. 

c. All other cards are counted at 

their face value. 

49) "Wager" means the initial bet made 

in any game. 

50) "Wagering Office" means any location within tribal lands at which wagers are 

placed or accepted by an operator. 

CHAPTER 3- GENERAL PROVISIONS 

5301 Authority and Sovereign Powers and 

Responsibilities. 

This Ordinance is enacted pursuant to 

the inherent sovereign powers of the Tribe. 

The power to enact this Ordinance is expressly delegated to the Keweenaw Bay 

Tribal Council. 

5302 Application of Federal Law. 

In 1970, President Nixon announced that 

it was the policy of the United States government to promote self-determination for 

Indian tribes. At the heart of this policy is a 

commitment by the federal government to 

foster and encourage tribal self-government, 

economic development and self-sufficiency. 

That commitment was signed into law in 

1975 as the Indian Self-Determination and 

Education Assistance Act, Public Law 93- 

638,88 Stat. 2203,25 U.S.C. 450-450n. 

In 1983, President Regan reaffirmed that 

commitment in his Indian Policy Statement, 

he encouraged tribes to reduce their dependence on federal hnds by generating more 

of their own revenues, and pledged to assist 

tribes in that endeavor. 

In 1988, the federal commitment to promote tribal economic development, tribal 

self-sufficiency, and strong tribal government was expressly legislated in the IGRA, 
which recognized the inherent sovereign 

right of tribes to operate, and their exclusive 

right to regulate on Indian lands, gaming 

which is not specifically prohibited by federal law and is conducted within a state 

which does not, as a matter of criminal law 

and public policy, prohibit such gaming. It 

provided a federal statutory basis for operation and regulation of Indian gaming. 

9303 Title, Repeal of Prlor Laws, and Effect 

of Repeal. 

This Ordinance may be cited as the 

Keweenaw Bay Indian Community Gaming 

Ordinance, or the KBIC Gaming Ordinance. 

This Ordinance shall be appropriately inserted in the Tribal Code of the Keweenaw 

Bay Indian Community. 

All titles, chapters, and sections of the 

Tribal Code of the Keweenaw Bay Indian 

Community which pertain to gaming, and 

are in effect as of the date that this 

Ordinance becomes operative, are hereby 

repealed, and all other laws, or parts thereof, inconsistent with the provisions of this 

Ordinance are hereby repealed. 

Repeal of this Ordinance or any portion 

thereof shall not have the effect of reviving 

any prior Law, Ordinance, or Resolution 

theretofore repealed or suspended. 

9304 Classes of Gaming. 

This Ordinance shall divide gaming into 

the following three Classes: 

a. "Class I Gaming" means social gaming 

solely for prizes of minimal value or traditional forms of Indian gaming engaged in by 

individuals as a part of, or in connection 

with, tribal ceremonies or celebration. 

b. "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), 

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, including (if played at the same 

location) pull-tabs, lotto, punch boards, 

tip jars, instant bingo and other games 

similar to bingo; and 

2. All card games operated by the 

Tribe prior to May 1,1988. 

3. Any additional card games explicitly authorized or not explicitly prohibited by the laws of the State and which 

are played at any location in the State 

in conformity with State laws and regulations regarding hours or period of 

operation of such card games or limitations on wagers or pot size of such card 

games. 

c. "Class I11 Gaming means all forms of 

gaming that are not Class I gaming or Class 

I1 gaming. 

5305 Construction. 

In construing the provisions of this 

Ordinance, unless the context otherwise requires, the following shall apply: 

a. This Ordinance shall be liberally construed to effect its purpose and to promote 

substantial justice. 

b. Words in the present tense include the 

hture and past tenses. 

c. Words in the singular number include 

the plural, and words in the plural number 

include the singular. 

d. Words of the masculine gender or 

neuter include masculine and feminine genders and the neuter. 

9306 Savings Clause. 

If any section of this Ordinance is invalidated by a court of competent jurisdiction, 

the remaining sections shall not be affected 

thereby. 

$307 Effective Date. 

This Ordinance shall be effective upon 

adoption by the Tribe, approval by the 

Chairman of the National Indian Gaming 

Commission and publication in the Federal Register as required by 25 U.S.C. 

92710(d)(2)(b). 
302 KBIC GAMING 

CHAPTER 4- GAMING LICENSES 

§401 Appllcablllty. 

This Ordinance applies to all people engaged in gaming within the jurisdiction of 

the Tribe. The application for license and 

the conduct of gaming within the jurisdiction of the Tribe shall be deemed to be a 

consent to the jurisdiction of the Tribe and 

the Tribal Court in all matters arising from 

the conduct of such gaming, and all matters 

arising under any of the provisions of this 

Ordinance or other Tribal laws. 

§402 License Required. 

No person shall operate Class I1 or Class 

I11 gaming within the jurisdiction of the 

Tribe unless such gaming is licensed by the 

Tribe. 

&I03 Types of Licenses. 

The Tribe shall issue each of the following types of gaming licenses: 

a. Tribally Owned or Tribally Operated 

Class II. 

This license shall be required of all tribally owned or tribally operated gaming enterprises operating one or more Class I1 gaming activities. 

b. Tribally Owned or Dibally Operated 

class III. 

This license shall be required for all tribally owned or tribally operated gaming enterprises operating any gaming other than 

Class I or Class I1 Gaming. 

5404 Application Procedures. 

a. Existing Tribally Owned and Tribally 

Operated Class II and Class Ill. 

Notwithstanding any other provisions of 

this Ordinance, existing tribally owned and 

tribally operated gaming enterprises shall 

be granted a license immediately upon 

adoption of the Ordinance, without the need 

for an application. The Tribal Council is confident that these existing enterprises meet 

all of the criteria required by $405. These 

"grandfather" licenses shall expire on 

December 31, 1993, by which time a new license shall be applied for. The existing enterprises to be granted an immediate license are: 

1. Ojibwa Casino, Hwy. M-38 and 

Beartown Road, Baraga, MI; Class I1 

and Class I11 license. 

2. Ojibwa Lanes and Lounge, Hwy. 

M-38 and Beartown Road, Baraga, 

MI; Class I11 license. 

3. Big Bucks Bingo, Hwy. M-38 and 

Beartown Road, Baraga, MI; Class I1 

license. 

4. Big Bucks Bingo 11, Chocolay 

Township, Marquette County, MI; 

Class I1 license. 

5. Keweenaw Bay Indian Community Senior Citizens, Hwy. M-38 and 

Beartown Road, Baraga, MI; Class I1 

license. 

6. Keweenaw Bay Indian Community Youth Club, Zeba Hall, L'Anse, MI; 

Class I1 license. 

b. Dibally Owned and Tribally Operated 

Class II. 

Before issuing a license to a tribally 

owned or tribally operated Class I1 gaming 

activity the Tribal Council shall: 

1. Review the proposed gaming activity to ensure that all threshold criteria required by this Ordinance shall 

be met. 

2. Perform the necessary background 

checks on management contractors, 

primary management officials and key 

employees required by this Ordinance. 

3. Review and approve the accounting procedures to be used in such gaming activity. 

4. 'hke any additional steps necessary to ensure the integrity of such 

gaming activity. 

c. nibally Owned and Tribally Operated 

Class III. 

Before issuing a license to a tribally 

owned or tribally operated Class 111 gaming 

activity the Tribal Council shall: 

1. Review the proposed gaming activity to ensure that all threshold criteria required by this Ordinance shall be 

met. 

2. Perform the necessary background 
checks on management contractors, 

primary management officials and key 

employees required by this Ordinance. 

3. Review and approve the accounting procedures to be used in such gaming activity. 

4. We any additional steps necessary to ensure the integrity of such 

gaming activity. 

5. Review all aspects of the proposed 

gaming operation to ensure that it will 

be in compliance with the provisions of 

the applicable tribdstate compact. 

@I05 Threshold Criteria Which a Potential 

Operator Must Meet. 

The Tribal Council shall automatically 

issue the above license to any tribally owned 

or tribally operated Class I1 or Class I11 proposed gaming enterprise if: 

a. The proposed gaming activity is located on any of the following lands: 

1. All lands currently within the limits of the Tribe's Reservation; 

2. Any lands contiguous to the 

boundaries of the Reservation of the 

Tribe on October 17,1988; and 

3. Any lands title to which is either 

held in trust by the United States for 

the benefit of the Tribe or individual or 

held by the Tribe or individual subject 

to restriction by the United States 

against alienation and over which the 

Tribe exercises governmental power. 

b. The proposed gaming activity is to be 

played as Class I1 gaming as defined by this 

Ordinance and the IGRA. 

c. he proposed gaming activity is authorized by a Tribal Council resolution. 

d. The Tribe or one of its subdivisions will 

have the sole proprietary interest and the 

Tribe will have the exclusive responsibility 

for the conduct of the proposed gaming activity, or if it is not, the management contract or other management agreement for 

that facility is consistent with tribal and 

federal law and is properly approved by the 

Chairman of the National Indian Gaming 

Commission. 

e. The resolution authorizing the proposed gaming activity provides that: 

1. The revenues of the proposed 

gaming activity shall be independently 

audited annually and copies of those 

audits will be provided to the National 

Indian Gaming Commission. 

2. The proposed gaming activity 

shall comply with all IRS reporting 

and filing requirements. 

3. AU of the proceeds of the proposed 

gaming activity shall be used for the 

purposes stated in $803. 

4. All contracts for supplies, services or concessions for an amount in 

excess of $25,000 annually, except contracts for legal and consulting services, 

shall be specifically included in the 

annual independent audit required by 

§405(e)(l) above. 

5. The construction or maintenance 

of the gaming facility and the operation of the proposed gaming activity 

shall be conducted in a manner which 

the Tribal Council finds will adequately protect the environment and the 

public health and safety. 

6. All primary management officials 

and key employees shall pass the background checks and obtain the tribal 

gaming employee licenses required by 

this Ordinance. 

7. The Tribal Council shall have the 

authority to regulate the proposed 

gaming activity. 

8. The proposed gaming activity 

shall pay to the National Indian 

Gaming Commission such fees as federal law may require to be paid. 

9. In the event the gaming activity is 

Class I11 gaming, such gaming activity 

meets all other criteria established by 

the tribdstate compact. 

v06 License Application Fees. 

No application fee shall be required for a 

tribally owned or tribally operated Class I1 

or Class I11 gaming enterprise. 
304 KBIC GAMING 

w07 License Tax. I 

No annual license tax shall be required 

for a tribally owned or tribally operated 

Class I1 or Class I11 gaming operation. 

w08 Terms of Llcense. I 

The tribally owned and tribally operated 

Class I1 and Class I11 gaming licenses issued to the enterprises listed in §404(a) 

shall be valid until specifically revoked or 

suspended by the Tribal Council. All other 

Class I1 and Class I11 gaming licenses shall 

be valid for a period of one (1) year from the 

date of issuance. 

w09 Posting of Licenses. I 

Each operator shall post his tribal gaming license in a conspicuous location at his 

or her place of business. If an operator has 

more than one location the operator must 

obtain and post a separate license for each 

location. Any organization licensed to sell 

raffle tickets shall, within twenty-four (24) 

hours of request, show to any person who so 

requests a copy of the organization's tribal 

gaming license. 

@I1 0 Gaming Llcense Renewals. I 

Each annual tribal gaming license must 

be renewed every 365 days from the date of 

issuance. No renewal fee shall be required 

for a tribally owned or tribally operated 

Class I1 or Class I11 license. In order to obtain a renewal of a license, the operator 

shall submit a written renewal application 

to the Tribal Council on the form provided 

by the Tribal Council. No renewal application shall be approved until the annual report, required by $411, has been properly 

filed. No renewal application shall be required for the tribally owned or tribally operated enterprises listed in §404(a). These 

enterprises must nonetheless comply with 

the annual reporting requirements listed in 

$411. No annual tribal gaming license shall 

be renewed, and the gaming licenses issued 

to the enterprises listed in §404(a) will be 

suspended or revoked, if the Tribal Council 

has reasonable grounds to believe that the 

enterprise has been or will be operated in 

violation of tribal, federal or other applicable law or the terms and conditions of the 

triballstate compact. 

8411 Annual Reports. 

Each operator who possesses an annual 

Class I1 or Class I11 Tribal gaming license 

must file an annual report with the Tribal 

Council between the fifteenth (15th) day 

and the thirtieth (30th) day of September of 

each year. The report shall be submitted to 

the Tribal Council on the annual report 

form provided and shall include, at a minimum, the following information: 

a. The name, address and telephone 

number of the operator; 

b. The names, addresses and titles of all 

of the current managers of the operator; 

c. A description of the gaming activity 

that it has operated and the total gross 

sales; 

d. A written copy of any changes it proposes to initiate in its rules and procedures; 

e. A statement of the specific date or 

dates and time or times on which it wishes 

to operate its gaming activity over the next 

license period; 

f. The name and addresses of the person 

who will be designated as primary management official over the next license period; 

g. A statement of any changes in the primary management officials or key employees who will operate the gaming activity 

over the next license period; 

h. The names and addresses of any employee who the Tribal Council may determine to be key employees during review of 

the application; 

i. Written proof that the operator has 

paid to the National Indian Gaming 

Commission such fees as federal and tribal 

law may require it to pay and will continue 

to do so; 

j. A sworn statement that the operator 

has complied with the Internal Revenue 

Codes and Regulations, and a statement 

that the operator shall continue to obey all 

tribal and federal laws and shall hold the 

Tribal Council harmless for failure to do so; 

k Any location at which the gaming ac- 
tivity has been conducted and any new location which will be eskiblished in the next license period; 

1. The number of full-time equivalent people, on an annualized basis, employed by 

the operation during the past twelve (12) 

months, together with a projection of the 

number of full-time equivalent people who 

are expected to be employed during the next 

license period; 

m. The total gross revenue of the operator attributable directly or indirectly to tribally-licensed gaming activity over the proceeding twelve (12) months; 

n. A sworn statement that the operator 

will continue to comply with all tribal and 

federal laws applicable to the operator's 

gaming operation; 

o. The name, address and signature of 

the agent who will accept service of process 

on behalf of the operator, who must reside 

on the Reservation; and 

p. If the operator is a corporation, a copy 

of any amendment to its articles of incorporation, properly certified by the incorporating government, unless a current copy has 

already been filed with the Tribal Council. 

941 2 Closure of a Tribally Licensed 

Gaming Activity. 

If the Tribal Council finds that any tribally owned gaming activity is operating in violation of this Code or otherwise present a 

threat to the public, the Tribal Council will 

immediately notify the Tribal Chairman. 

The Tribal Council may close down any 

tribally owned or tribally operated gaming 

activity temporarily or permanently at any 

time with or without cause. 

CHAPTER 5- GAMING EMPLOYEE 

LICENSES 

9501 Current and Valid Gamlng Employee 

License Required. 

Each primary management official and 

key employee of a Class I1 or Class 111 gaming operation must possess a current, valid 

gaming employee license. 

$502 Application Procedure. 

a. Any person seeking a tribal gaming 

employee license shall submit an application to the !l"ribal Council on such form or in 

such manner as the Tribal Council may require. 

b. At a minimum, the application shall 

contain the following information: 

1. The applicant's name, including 

all other names used, current home 

and work addresses and telephone 

numbers, Social Security number, 

place of birth, date of birth, citizenship, 

and driver's license number, as well as 

the address of his or her personal residences over the past five (5) years, or, if 

the applicant has resided at his or her 

current address for less than two 

years, his or her previous address. 

2. The name, address and telephone 

number of the Manager for whom the 

applicant is applying to work and the 

specific location at which he or she is 

applying to be employed. 

3. The name and job description the 

applicant is applying for. 

4. The names and addresses of the 

applicant's living parents, grandparents, spouse, children, brothers, and 

sisters. 

5. A statement as to whether or not 

the applicant has ever been charged 

with a crime, and if so, the charge, the 

name and address of the court involved, the applicant's explanation of 

the outcome of the case, including the 

date of final disposition. 

6. The names, current addresses and 

telephone numbers of three references 

who are not related to the applicant 
306 KBIC GAMING ORDINANCE 

and who were acquainted with the applicant when the applicant was residing at each of the addresses listed in 

§502(b)(l). 

7. A list of the applicant's previous 

jobs over the preceding five (5) years, 

including the name, address and telephone number of his or her employer, 

and the position held. 

8. The names and addresses and a 

brief description of all businesses in 

which the applicant currently holds, or 

has within the last five (5) years held, 

an ownership interest. 

9. A description of any previous employment relationship with an Indian 

Tribe, including the employee position 

held, name of the Tribe involved and 

name and address of a person who can 

attest to the accuracy of the infonnation provided. 

10. A description of any current or 

past non-employee business arrangement which the applicant has had with 

an Indian Tribe, including the name of 

the Tribe involved and the name and 

address of a person who can attest to 

the accuracy of the information 

provided. 

11. A statement as to whether the 

applicant has had any past employment with, or ownership interest in, 

any gaming business. If so, the applicant shall provide a written statement 

describing his or her position, the 

dates during which that position was 

held, a description of the applicant's 

ownership interest or job responsibilities and the name address and phone 

number of the business, and a person 

who can attest to the accuracy of the 

information provided. 

12. A list of all gaming-related licenses the individual has applied for, 

whether or not those licenses were 

granted and the name and address and 

phone number of the regulatory agency 

involved. 

13. A list of aU professional or business licenses the applicant has applied 

for, whether or not those licenses 

where granted and the name, address, 

and phone number of the regulatory 

agency involved. 

14. A sworn statement that neither 

the applicant nor any member of his 

immediate family has a past or current 

financial interest, other than a salary 

interest, in any gaming-related enterprise anywhere. If the applicant has 

any relative who has such a relationship, the applicant shall fully disclose 

his name and the nature of the relationship. 

15. Written permission giving the 

Tribal Council or its designee, the right 

to investigate the applicant's background, including his criminal record, 

civil and criminal judgements and 

credit history. 

16. A complete disclosure of any 

pending or anticipated civil or criminal 

action against the applicant, including 

the name and address of the police department and court involved. 

17. A disclosure of any civil or criminal judgements rendered against the 

applicant, including the case number, a 

description of the judgement and the 

name and address of the court involved. 

18. Any other information which 

might bring into question his fitness to 

serve as a primary management official or key employee of a licensed gaming operation. 

19. Each application shall be accompanied by a sworn statement that if 

the license is issued, the applicant will 

submit to the jurisdiction of the Tribe 

and the Tribal Court. 

20. Each application shall be accompanied by a photograph of the applicant taken within the last year. 

21. Each application shall be accompanied by a sworn statement that the 

applicant will abide by all applicable 

tribal and federal laws, regulations 

and policies. 

22. Each application for a gaming 

employee license shall be accompanied 

by an application fee of ten dollars 

($10.00). This application fee shall be 
waived for all employees of the tribally 

owned and tribally operated gaming 

enterprises listed in $404 (a). 

23. Each application shall be accompanied by a written statement that the 

applicant has read, understands and 

approves of the following Privacy Act 

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. $2701 et seq. 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 the 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, 

Pibal, State, local, or foreign law enforcement and regulatory agencies 

when relemnt to civil, criminal or regulatory investigations or prosecutions or 

when pursuant to a requirement by a 

tribe or the National Indian Gaming 

Commission 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 a gaming operation. Failure to consent to the 

disclosures indicated in this notice will 

result in 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, failure to supply an SSN may 

result in errors in processing your appl ication. 

5503 Review Procedure. 

a. The Tribal Council or its designee shall 

forward a copy of each application to the office of the Tribal Prosecuting Attorney. The 

Tribal Prosecuting Attorney shall prepare 

an investigative report which verifies the 

accuracy of the informative presented in 

each application and shall arrange for appropriate Tribal, State or Federal law enforcement agencies to verify in writing the 

accuracy of the applicant's criminal record. 

The investigative report shall contain at a 

minimum the following information: 

1. The written verification of the applicant's criminal record from the appropriate law enforcement agency for 

every state, Indian reservation or other 

federal territory where the applicant 

has resided within the last five (5) 

years; 

2. The results of contacts with personal references and past employers, 

including positive and negative information regarding the applicants employment history and character; 

3. The results of contacts with regulatory agencies which oversee any professional or business licenses for which 

the applicant has applied; 

4. Background information on any 

criminal or civil judgements against 

the applicant in tribal, state or federal 

courts; 

5. Other relevant information bearing on the applicant's fitness to serve 

as a primary management official or 

key employee including, but not limited to, the applicant's ownership interest in any businesses within the past 

five (5) years, any past or present association with or interest in any gaming 

business or enterprise and any pending civil or criminal actions against the 

applicant; 

6. A recommendation from the 

Tribal Prosecuting Attorney whether 

to grant or deny the license, along with 

the reasons for said recommendation. 

b. Once the investigative report is completed it shall be presented to the Tribal 

Council for review. The Tribal Council shall, 

after reviewing the findings of the Tribal 

Prosecuting Attorney, either grant or deny 

the license. 

The applicant shall be notified in writing 

of the Council's decision. If the Council votes 

to deny the license, it shall include in the 

notification the specific reasons for its decision. 
308 KBIC GAMI 

c. A copy of the application, the results of 

the background checks performed and the 

findings and decision shall be forwarded to 

the National Indian Gaming Commission 

before the license is issued. 

d. All applications, background checks 

and Council decisions shall be retained in 

the files for a period of at least ten (10) 

years. 

9504 Scope of License. 

a. Any applicant granted a license shall 

be fingerprinted by the Tribal Police 

Department in cooperation with the 

General Manager. The fingerprints so obtained shall be forwarded by the Chief of 

the Tribal Police Department to the National Indian Gaming Commission for filing 

with the Federal Bureau of Investigation. 

b. Any employee gaming licenses issued 

pursuant to this section shall be effective for 

only the location, job and employer contained in the application. 

c. Any licensed employee shall apply to 

have his or her license transferred to a new 

location by requesting that transfer in writing to the Tribal Council in a manner which 

details the new job and location and operator that he or she proposes to work for. 

9505 Licensing Period. 

Any employee gaming license issued pursuant to this section shall be effective until 

September 30th of the year in which it is issued. If the employee gaming license is issued after June 30th in any year, the license 

shall remain effective until September 30th 

of the year following the year in which it is 

issued. The license shall state on its face the 

name of the employee, the location at whlch 

he or she is licensed to work, the gaming operator who employs him or her, the date 

that the license became effective and the 

date that it expires. 

9506 Renewals. 

A holder of an employee gaming license 

shall petition to have his or her license renewed, by applying to the Tribal Council for 

a renewal before his or her original license 

has expired and updating all information 

contained in the original application. 

9507 Requirement to Produce License 

Upon Request. 

Any person receiving an employee gaming license must carry that license upon his 

or her person during all working hours. Any 

person wishing to inspect an employee's 

gaming license shall make a request to the 

Manager of the enterprise where that employee is working. If reasonable cause is 

demonstrated to the Manager, he or she will 

direct the employee to produce his or her license for inspection. 

9508 Permanent License Suspension or 

Revocation: Employee Gaming 

Llcense. 

a. Grounds for Temporary Suspension or 

Revocation. 

The Tribal Council may suspend or revoke any employee gaming license, after notice and an opportunity for a hearing, for 

any of the following reasons: 

1. The employee has withheld pertinent information on his or her application. 

2. The employee has made false 

statements on the application. 

3. The employee has participated in 

gaming activity which was not authorized by any tribal gaming license. 

4. The employee has attempted to 

bribe a Tribal Council member or other 

person in an attempt to avoid or circumvent tribal law. 

5. The employee has offered something of value to or accepted a loan, financing or other thing of value from a 

Tribal Council member, a subordinate 

employee or any person participating 

in any gaming activity, with the intent 

to commit any of the prohibited acts 

described in $702 of this Ordinance, or 

to violate any other applicable federal 

or state laws. 

6. The employee has knowingly promoted, played or participated in any 

gaming activity operated in violation of 

tribal or federal law or the triballstate 

gaming compact. 
ISIONS OF GENERAL APPLICABILITY TO ALL bPERATORS 309 

7. The employee has been knowingly 

involved in the falsification of books or 

records which relate to a transaction 

connected with the operation of gaming activity. 

8. The employee has violated any 

provision of this Ordinance or the rules 

and regulations of the Tribal Council. 

9. The employee has been convicted 

of, or has entered a plea of nolo contendere (no contest) to, any crime involving gaming, fraud, theft, embezzlement or other activity which, if perpetrated at his or her operator's place 

of employment would injure or pose a 

threat to the public interest, or the integrity of the gaming activity, or the effective regulation of gaming or enhance 

the dangers of unfair, unsuitable or illegal gaming practices. 

10. The employee has refused to 

comply with any lawful order, inquiry 

or directive of the Tribal Council, the 

federal government or any court of 

competent jurisdiction. 

11. The employee has been convicted of, or entered a plea of nolo contendere (no contest) to, a crime involving the sale of illegal narcotics or 

controlled substances. 

12. The employee has been determined to have present or prior activities, criminal record, if any, or reputation, habits and associations which 

pose a threat to the public interest or 

to the effective regulation of gaming, or 

create or enhance the dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct 

of gaming. 

b. Procedure for Temporary Suspension 

or Rematwn. 

Whenever it is brought to the attention of 

the Tribal Council that a person has failed 

to comply with any condition of his or her 

tribal gaming license or has failed to obtain 

a license, the Tribal Council or its designee 

may either undertake an investigation of 

the gaming enterprise, or serve upon such 

person or any agent of such person an order 

to show cause why the person's license 

should not be revoked or why the person 

should not be enjoined from conducting 

gaming activities within the jurisdiction of 

the Tribe. Such notice shall state the reason 

for the order, the time and place for the 

show cause hearing before the Tribal 

Council, and that the person shall have an 

opportunity to present testimony and crossexamine opposing witnesses, and to present 

any other evidence as to why a revocation 

order or injunction should not be issued. 

The hearing shall be governed in all respects in accordance with tribal law and 

Tribal Council regulations. 

9509 Temporary Suspension of Employee 

Gamlng License. 

a. Any employee gaming license may be 

temporarily and immediately suspended by 

the Tribal Council, Tribal Court or its designee for not more than thirty (30) days if 

any of the following have occurred: 

1. The employee has been charged 

with a violation of any gaming law. 

2. The employee's continued employment as a primary management official or key employee of a gaming enterprise poses a threat to the general 

public. 

3. The employee has made a material false statement in his or her license 

application. 

4. The employee has participated in 

gaming activity unauthorized by his 

tribal gaming employee license. 

b. In the event the Tribal Council determines that any employee meets any of the 

criteria stated in $509(a)(1)-(4) above or 

that his or her non-compliance with this 

Ordinance is a direct and immediate threat 

to the peace, safety, morals or health or welfare of the community, the Tribal Council or 

its designee shall issue a notice of temporary suspension of his or her employee gaming license which shall be served upon the 

employee or any agent of the employee. The 

order shall state the grounds upon which is 

issued and the employee's right to a hearing. The employee shall cease and desist operating in his or her management position 

or in his or her capacity as a key employee 

immediately upon receipt of the order, but 
310 KBIC GAMING ORDINANCE 

he or she may file a notice of appeal with 

the Tribal Council which shall hold a hearing on the order within fourteen (14) calendar days of its receipt of the appeal. At the 

hearing the employee shall have an opportunity to present testimony and cross examine opposing witnesses, and to present any 

other evidence as to why a temporary suspension order or an injunction should not be 

issued. The hearing shall be governed in all 

respects in accordance with tribal law and 

Tribal Council regulations. 

CHAPTER 6 - PROVISIONS OF 

GENERAL 

APPLICABILITY TO ALL 

OPERATORS 

$601 General Provisions. 

a. Each Class I1 or Class I11 gaming activity within the jurisdiction of the Tribe 

shall be conducted only by an operator who 

possesses a current and valid tribal gaming 

license. 

b. Each tribal gaming license shall be applicable only to one gaming site and the operator named on such license. 

c. No tribal gaming license shall be sold, 

lent, assigned or otherwise transferred. 

d. Each management and key employee 

of a licensed gaming operation shall possess 

a current and valid tribal employee gaming 

license. 

e. A tribal gaming license shall be issued 

only to a person who qualifies therefore 

under the Ordinance, or to the Tribe or a 

tribal subdivision. 

f. Each operator shall have a copy of this 

Ordinance and regulations readly available 

for inspection by any person at each authorized gaming site. 

g. No person under the age of eighteen 

(18) years shall be permitted to conduct, assist in or play any gaming activity being 

conducted within a facility which has a retail alcoholic beverage license. Notwithstanding the provisions of this paragraph, 

no person under the age of twenty-one (21) 

shall be allowed on the premises of the enterprise listed in $404(a)(1) except employees of that enterprise who are eighteen (18) 

years of age or older. 

h. No person under the age of fourteen 

(14) years shall be permitted to enter the 

area of any building in which a gaming activity is being conducted. 

i. A person under the age of fourteen (14) 

years may participate in gaming activity in 

private homes, purchase raffle tickets, attend sporting contests or ticket drawings, 

and stick game and other traditional gaming tournaments. 

j. Each operator shall post in a conspicuous location near where any gaming activity 

is being played, or shall otherwise provide 

the public with an explanation of the rules 

of play of every specific game he operates. 

k. Each operator of a gaming activity is 

prohibited from renting or lending gaming 

equipment to any person without the prior 

approval of the Tribal Council. 

1. Each operator is prohibited from exchanging any gaming equipment which 

might affect the integrity of the game the 

equipment is used for without obtaining the 

prior approval of the Tribal Council. 

m. Any operator who anticipates the 

printing, manufacture, or construction of 

any equipment for gaming activity shall 

first notify the Tribal Council of his or her 

intention and shall have the finished product approved by the Tribal Council before it 

is placed into service. 

n. Gaming chips and other tokens of 

value shall only be sold and redeemed by 

the operator and only for full value. 

Complimentary chips or other tokens issued 

and approved by the Tribal Council for promotional purposes may not be redeemed for 

cash and may only be played or used in the 

gaming activity for which they were intended. 

o. Each licensed gaming operation shall 

maintain and keep for not less than ten (10) 

years permanent books of accounts and 

records, including inventory records of gaming supplies, sufficient to establish the gross 

and net income, deductions, expenses, receipts and disbursements of the enterprise. 
The Tribal Comptroller shall be responsible 

for fulfilling the provisions of this paragraph for the tribally owned or tribally operated gaming enterprises listed in 

§404(a)(1)-(4). 

p. Each operator conducting a gaming activity on premises that it does not own, shall 

file with the Tribal Council, prior to conducting any gaming activity at such premises, a written agreement, attested to by both 

the operator and the owner of such site, setting forth the terms under which he or she 

is permitted the use of such site. 

A) At a minimum, such agreement 

shall contain the following information: 

1. The name of the grantor or 

lessor, whichever is applicable, who 

is the legal owner of the site. If the 

operator is to be a sub-lessee, then 

the name of the lessee must also be 

included. 

2. The name of the operator. 

3. The term of such use of the site. 

4. The monetary consideration to 

be paid for such use of the site, if 

any. 

5. A precise description of the 

premises granted to or leased by the 

operator within the facility. 

6. A prohibition of advertising of 

the gaming activity by the grantor. 

7. The following provision: 

"The (grantor l lessor) hereby 

agrees that neither (he lshe), 

(his 1 her) spouse, nor any employee 

or agent of the (grantorllessor) shall 

participate in the selling, distributing, conducting, assisting or participating in gaming activity at the site 

herein (granted 1 leased) without the 

prior written approval of the Dibal 

Council. 

B) The rental provision of such agreement must establish a fixed monthly 

rental dollar amount unless otherwise approved in writing by the Tribal Council. 

C) A graduated lease rate for use of the 

site is prohibited unless approved in writing by the Tribal Council. 

D) Other remuneration, in lieu of 

money, for use of the site is prohibited unless approved in writing by the Tribal 

Council. 

E) A percentage lease rate for use of 

the site is prohibited unless approved in 

writing by the Tribal Council. 

F) No game of chance shall be operated 

in conjunction with the conduct of the 

grantor's business operation unless approved in writing by the Tribal Council. 

G) Any re-negotiated agreement shall 

be furnished to the Tribal Council prior to 

its effective date. 

q. There shall be no sale of liquor at any 

gaming site without the prior approval of 

the Tribal Council. No person under the age 

of twenty-one (21) shall be served alcoholic 

beverages at any gaming site licensed by 

this Ordinance. 

r. Consideration for the chance to play in 

any gaming activity shall only be cash or, 

where allowed, a personal check, or complimentary chips or other tokens issued and 

approved by the Tribal Council for promotional purposes, and shall be presented at 

the time the game is played. No other form 

of consideration shall be allowed unless the 

Tribal Council gives prior written approval. 

s. Evidence of any win in excess of $1,200 

by any player must be provided to that player in such form as will be acceptable to the 

IRS. 

t. Each operator shall pay all applicable 

fees and file all applicable reports on time. 

u. Each operator shall respond irnmediately to and obey all inquiries, subpoenas or 

orders of the Tribal Council, Tribal Court or 

the National Indian Gaming Commission. 

v. Each operator shall prominently display at each gaming site a current, valid 

tribal gaming license. 

w. Each operator shall, at all times, 

maintain an orderly, clean, and neat gaming 

establishment, both inside and out. 

x. Each operator shall provide adequate 

security to protect the public before, during 

and after any gaming activity. 

y. Each licensed premises shall be subject 

to patrol by the Tribal police force for the 

purpose of enforcing tribal law, and each operator shall cooperate at all times with the 

Tribal police force. 
312 KBIC GAMING 

z. Each operator shall make its premises 

and books and records available for inspection during normal business hours by the 

Tribal Council or their designee. 

aa. No operator may discriminate on the 

basis of sex, race, color, or creed in the conduct of any licensed gaming activity. 

ab. Each operator shall keep accurate 

books and records of all moneys received 

and paid out and provide the Tribal Council 

or its designee with copies of or access to the 

same upon request. 

ac. All net proceeds of any gaming activity shall be used only in a manner prescribed 

by this Ordinance. 

ad. Every operator shall comply with all 

applicable Tribal and Federal Revenue 

Reporting Laws. 

ae. It shall be a violation of the Tribal 

Law and Order Code to violate any provision of this Ordinance, any regulation of the 

Tribal Council, or any order of the Tribal 

Court. 

af. Each operator shall immediately suspend any employee who is charged with an 

offense described in #702(ai) or any offense 

related to the sale, possession, manufacture 

and or transport of illegal drugs. The operator shall also immediately notify the Tribal 

Council in writing of the name of the person 

and the pending charge and advise the 

Tribal Council of the outcome of the case. If 

the employee is convicted or pleads nolo 

contendere (no contest) to the charge, his or 

her employment shall be terminated. 

CHAPTER 7 - ENFORCEMENT 

Except as otherwise provided in this 

Ordinance and in any tribavstate compact, 

the Tribal Court shall have jurisdiction over 

all violations of this Ordinance. 

5702 Prohibited Acts. 

In addition to other civil and criminal offenses provided for in this Ordinance, the 

following acts are prohibited and subject 

any violator to the civil or criminal penalties 

specified herein: 

a. Participating in any on-reservation 

gaming activity which is not authorized by 

this Ordinance. 

b. Knowingly making a false statement 

in an application for employment with any 

operator or with the Tribal Council. 

c. Knowingly making a false statement in 

connection with any contract to participate 

in any gaming activity. 

d. Attempting to bribe any person participating in any gaming activity. 

e. Offering or accepting a loan, financing 

or other thing of value between a Tribal 

Council member or employee and any person participating in any gaming activity 

with the intent to commit any of the prohibited acts described in $702 of this 

Ordinance, or to violate any other applicable 

federal or state laws. 

f. Promoting or participating in any illegal gaming activity. 

g. Failing to keep sufficient books and 

records to substantiate receipts, disbursements and expenses incurred or paid from 

any gaming activity authorized pursuant to 

this Ordinance. 

h. Falsifying any books or records which 

relate to any transaction connected with 

any gaming activity pursuant to this 

Ordinance. 

i. Conducting or participating in any 

gaming activity which in any manner results in cheating or misrepresentation, and 

which allows any other disreputable tactics 

which detract from the fair nature and 
equal chance of participation between gaming players, or which otherwise creates an 

advantage over and above the chance of 

such gaming activity which affects its outcome. 

j. To conduct gaming activity with, or to 

allow participation in gaming activity by or 

with, an intoxicated or disorderly player. 

k. To allow or participate in the sale of 

liquor at gaming sites when such sale is 

prohibited by Tribal law. 

1. To accept consideration other than 

money, personal checks or other approved 

consideration for the chance to play or participate in any gaming activity. 

m. To use bogus or counterfeit chips or 

charitable gaming tickets, or to substitute 

or use any cards, charitable gaming tickets 

or gaming equipment that has been marked 

or tampered with. 

n. To employ or possess any cheating device or to facilitate cheating in any gaming 

activity. 

o. To willfully use any fraudulent scheme 

or technique to change the odds of any game 

of chance. 

p. To solicit, directly or indirectly, or use 

inside information on the nature or status of 

any gaming activity for the benefit of an individual. 

q. To tamper with a gaming device, attempt or conspire to manipulate the outcome or the payoff of a gaming device, or 

otherwise unlawfully tamper with or interfere with the proper functioning of the machine. 

r. To alter or counterfeit a gaming license. 

s. To aid, abet, or conspire with another 

person knowingly or to cause any person to 

violate any provision of this Ordinance or 

any rules and regulations adopted thereunder. 

t To operate, use or make available to the 

public any illegal gaming device, apparatus, 

material, or equipment. 

u. To sell, hold out for sale or transport 

into or out of the jurisdiction of the Tribe 

any illegal gaming device, apparatus, material, or equipment. 

v. To assist or allow a person who is 

under age to participate in a game of 

chance. 

w. To possess any illegal narcotics or controlled substances on any licensed gaming 

site. 

x. To steal or attempt to steal funds or 

other items of value from any gaming establishment. 

y. To employ any person at a licensed 

gaming establishment whom the operator 

knows has been convicted of a gaming crime 

or a crime of fraud. 

z. To conspire with or induce any person 

to violate any of the provisions of this 

Ordinance or any tribal or federal law. 

aa. It shall be un1awfb.l to conduct or participate in gaming activity which in any 

manner results in cheating or misrepresentation, and which allows any other disreputable tactics which detract from the fair 

nature and equal chance of participation 

among gaming players, or which otherwise 

creates an advantage over and above the 

chance of the game which affects the outcome of the gaming activity. 

ab. No operator or any of his employees 

or agents shall engage in any act, practice, 

or course of operation which could result in 

a fraud or deceit upon any person. 

ac. To use bogus or counterfeit chips or 

charitable gaming tickets, or to substitute 

or use any game, cards, or charitable gaming tickets that have been marked or tampered with. 

ad. To employ or have on the Reservation 

any device to facilitate cheating in any game 

of chance. 

ae. To use any fraudulent scheme or technique knowingly, or to solicit, provide, or receive inside information about any gaming 

activity with the intent of benefiting any 

person. 

af. To tamper with any gaming device or 

to attempt to manipulate the outcome or the 

payoff of any gaming device. 

ag. To aid, abet, or conspire with another 

person knowingly or to cause any person to 

violate any provision of this Ordinance or 

other applicable law. 
314 KBIC GAMING ORDINANCE 

ah. To take, solicit or encourage any action which undermines the integrity of any 

game of chance. 

ai. No operator shall employ any person 

who has been convicted of or entered a plea 

of nolo contendere (no contest) to a crime of 

theft, embezzlement, fraud, a gaming crime 

or any other crime which, if perpetrated on 

the operator's premises would threaten the 

fairness or integrity of the game or create a 

threat to the public. 

9703 Criminal Violation. 

Any Indian who violates or fails to comply with any provision of this Ordinance, or 

who fails or neglects to comply with any 

order or decision of the Tribal Council, shall 

be guilty of a misdemeanor. Each day during which any such violation or failure to 

comply continues shall constitute a separate violation of this Ordinance. 

A conviction upon a violation of the provisions of this subsection shall constitute a 

conviction of a Class A misdemeanor 

9704 Civil Violation. 

Any non-Indian who violates or fails to 

comply with any provision of this 

Ordinance, or who fails or neglects to comply with any order of the Tribal Council, 

shall be liable for a civil fine not to exceed 

$5.000 for each violation thereof. Each day 

d&hg which any such violation or failure 

comply continues shall constitute a separate violation of this Ordinance. The 

amount of any such civil fine may be recovered in a civil action in the Tribal Court. 

5705 Cumulative Fines. 

All civil fines accruing under this 

Ordinance shall be cumulative and a suit 

for the recovery of one fine shall not bar or 

affect the recovery of any fine, or judgement, penalty, forfeiture or damages, nor 

bar the power of the Tribal Court to punish 

for contempt, nor bar any criminal prosecution against any officer, director, agent, or 

employee of any operator, or any other 

person. 

5706 Purpose of Civil Penalties. 

The civil fines imposed under this 

Ordinance are intended to be remedial and 

not punitive and are designed to compensate the Tribe or the damage done to peace, 

security, economy and general welfare of the 

Tribe and the Reservation, and to compensate the Tribe for costs incurred by the 

Tribe in enforcing this Ordinance. The civil 

fines under this Ordinance are also intended to coerce all people into complying with 

this Ordinance and Tribal Council regulations and not to punish such people for violation of such laws and regulations. 

9707 Civil Action for Penalties. 

In enforcing the civil infraction provisions 

of this Ordinance, the Tribal Council shall 

proceed, in the name of the Tribe, against a 

person for violation of such provision by civil 

complaint pursuant to the provisions of this 

Ordinance. The Tribal Council in such action shall have the burden of showing, by 

the preponderance of the evidence, that 

such person violated the applicable provision of this Ordinance. 

$708 Seizure of Property. 

All property utilized in violation of this 

Ordinance shall be subject to seizure by 

order of the Tribal Court. 

9709 Reporting of Offenders. 

The Clerk of the Tribal Court shall, upon 

final conviction of any person under this 

subsection, report the name of the person 

convicted to the Tribal Council. 
OP ION OF TRIBALLY OWNED OR TRIBALLY OPEIWTED GAMES 3 15 

CHAPTER 8 - OPERATION OF 

TRIBALLY OWNED OR 

TRIBALLY OPERATED 

GAMES 

$301 Management by a General Manager. 

a. The Tribal Council shall appoint one 

(1) person who shall serve as General 

Manager over all of the tribally owned and 

tribally operated gaming enterprises listed 

in $404(a)(l)-(4). The person appointed 

shall undergo a background check by the 

Tribal Council and shall obtain an employee 

gaming license before commencing work. 

The Tribal Council shall be the direct supervisor of the General Manager. 

b. The General Manager, with the consent of the Tribal Council, shall appoint one 

(1) person who shall serve as Manager at 

each of its tribally operated gaming establishments. The person appointed shall undergo a background check by the Tribal 

Council and shall obtain an employee gaming license before commencing work. The 

General Manager shall be the direct supervisor of each Manager. 

c. Each Manager shall be responsible for 

managing and overseeing the day-to-day operations of the gaming establishment. He or 

she shall have such authority as the 

General Manager or Tribal Council may delegate. 

d. Each Manager shall present a written 

monthly report to the General Manager 

which details the amount of income generated, the number of employees working at 

the establishment, and a detailed description of major patron complaints and other 

problems experienced at the establishment; 

also a written statement of any changes in 

key employees or primary management officials. 

e. The General Manager shall prepare a 

written monthly report to the Tribal Council 

summarizing and commenting on the overall operations of the tribally owned and tribally operated gaming enterprises listed in 

§404(a)(1)-(4). The General Manager shall 

append the individual Managers' reports to 

his or her report for consideration by the 

Tribal Council. 

f. Any patron's winnings shall be paid in 

cash or check or both and shall be paid on 

the date it is won. If necessary, it shall be 

paid within three (3) days from the date it is 

won. 

g. The General Manager shall propose 

and the Tribal Council shall approve a patron's complaint process. Each tribally 

owned and tribally operated gaming establishment shall post at least one sign in each 

gaming room informing patrons of the procedure to follow to lodge complaints. 

h. Each tribally owned or tribally operated gaming establishment shall carry sufficient liability insurance to protect the public 

in the event of an accident. The Tribal 

Council shall determine the amount of liability insurance required for each gaming 

establishment. 

i. Each tribally owned or tribally operated gaming establishment shall make written copies of the rules of each game available to any member of the general public 

upon request, and shall post in a conspicuous place a sign giving the general public 

notice of the availability of the written rules 

of each game. 

j. The General Manager shall be personally responsible for seeing that gaming activity is managed in accordance with tribal 

and federal law and that such gaming activity under his or her control complies with 

all IRS reporting requirements. 

5802 Management of Youth Club Bingo and 

Senior Citizens Bingo. 

a. The Tribal Council shall appoint one 

(1) person who shall serve as Manager over 

the tribally operated enterprise listed in 

§404(a)(5) and one (1) person who shall 

serve as Manager over the tribally operated 

enterprise listed in §404(a)(6). The people 

appointed shall undergo a background 

check by the Tribal Council and shall obtain 

an employee gaming license before commencing work. The Tribal ChairmanlCEO 

shall be the direct supervisor of the 

Managers appointed pursuant to this section. 

b. The Managers appointed in $802(a) 

shall be responsible for overseeing the oper- 
3 16 KBIC GAMING 

ation of the enterprises known as Youth 

Club Bingo and Senior Citizens Bingo, and 

shall have such authority as the Tribal 

Council may delegate. 

c. Each Manager appointed in §802(a) 

shall present a monthly written report to 

the Tribal Council which details the amount 

of income generated, the number of employees working at the enterprise, and a statement of any changes in key employees or 

primary management officials. 

d. Any patron's winnings shall be paid in 

cash on the date it is won. 

e. Each Manager appointed in §802(a) 

shall propose and the Tribal Council shall 

approve a patron complaint process. A sign 

shall be posted in a conspicuous place during the operation of the Youth Club Bingo 

and Senior Citizens Bingo informing patrons of the procedure to follow to lodge 

complaints. 

f. Each Manager appointed in §802(a) 

shall make written copies of the rules of 

each game available to any member of the 

general public upon request, and shall post 

a sign in a conspicuous place during the operation of the games giving the general public notice of the availability of the written 

rules of each game. 

g. Each Manager appointed in §802(a) 

shall be personally responsible for seeing 

that the bingo games under his or her control are managed in accordance with tribal 

and federal law and that such gaming activity complies with all IRS reporting requirements. 

#03 Use of Net Revenues of Tribally 

Owned or Tribally Operated Gaming 

Enterprises. 

a. All net proceeds of a tribally owned or 

tribally operated gaming enterprise shall be 

held in the name of the Tribe. Such net proceeds may only be expended by the Tribal 

Council by motion or resolution and only for 

the following purposes: 

1. To fund tribal government operations or programs. 

2. To provide for the general welfare 

of the Tribe and its members. 

3. To promote tribal economic development. 

4. To donate to charitable organizations. 

5. 'Ib help to fund operations of local 

government agencies. 

904 Audit Requirements. 

a. The Tribal Council and the General 

Manager shall obtain an annual outside 

audit of each gaming establishment. A copy 

of such audit shall be provided to the Tribal 

Council and the National Indian Gaming 

Commission. 

b. Each contract for supplies, services 

(other than legal and accounting services) or 

concessions for a contract amount in excess 

of $25,000 annually shall be specifically included in the annual independent audit required by §405(e)(l). A copy of such audit 

will be provided to the Tribal Council and 

the National Indian Gaming Commission. 

9805 Management Contracts. 

a. Each management contract is subject 

to the prior approval of the National Indian 

Gaming Commission. 

b. Each management contract shall be 

approved by the Tribal Council. Before giving final consideration to any proposed 

management contract, the Council will obtain the following information for review: 

1. Background information on the 

proposed management contractor including its name, address, the names 

and addresses of each person or entity 

having a direct financial interest or 

management responsibility for the proposed management contractor, and in 

the case of a corporation, the names 

and addresses of each member of its 

board of directors and all stockholders 

who hold directly or indirectly ten percent (10%) or more of its issued or outstanding stock. 

2. A description of any previous experience that each person listed in 

§804(b)(l) above has had with other 

gaming contracts with Indian tribes or 

with the gaming industry generally, in- 
OP ION OF TRIBALLY OWNED OR TRIBALLY OPEL- ED GAMES 3 17 

cluding the name and address of any 

tribal government or licensing agency 

with which such person has had a contract relating to gaming. 

3. A complete financial statement of 

each person listed in #804(b)(l) above. 

4. The Tribal Council shall contact 

each of the tribal governments and licensing agencies in §804(b)(2) above to 

determine the performance history of 

the proposed management contractor. 

5. The Tribal Council shall arrange 

to have each proposed management 

contractor investigated to learn of his 

or her personal attributes and to determine whether he or she has a prior 

criminal record or any pending criminal charges. 

6. The Tribal Council shall obtain an 

independent verification of the completed financial statements of each 

proposed management contractor. 

7. The Tribal Council shall undertake any additional steps it can to determine the character and reputation 

of each proposed management contractor. 

8. If the Tribal Council, after reviewing the above described information, 

still desires to enter into a management contract with the proposed management contractor, such management 

contract shall be placed in writing and 

submitted to legal counsel for review 

before the Council approves it. 

c. Any management contract approved by 

the Council must contain at a minimum the 

following, with respect to the gaming enterprise to which the contract is applicable: 

1. A provision requiring a monthly 

financial accounting of the gaming enterprise's income and expenses. Such 

reports shall be prepared by an independent auditor who is mutually acceptable to the Tribe and the management contractor. 

2. A provision providing the Tribe 

absolute access to the daily operation 

of the gaming enterprise and to its 

books, and the Tribe's absolute right to 

verify the daily gross revenues of the 

gaming enterprise at any time. 

3. A provision guaranteeing the 

Tribe a minimum guaranteed payment 

which shall always take precedence 

over the management contractor's 

right to recoup development and construction costs. 

4. An agreed upon ceiling for the 

management contractor's development 1 and construction costs. 

5. A provision that the contract shall ' not exceed five years. 

6. A provision for termination of the 

I contract and the grounds for termina- 

, tion. 

d. If the council is satisfied with the information it receives it shall submit its proposed contract along with all of the above 

described information to the Chairman of 

the National Indian Gaming Commission 

for approval.