Laura spurr 

Nottawaseppi Huron Band of POW- . 

2221 1 % Mile Road 

Fulw Mcfiigan 49502 

Dear Chkpmmn Spm: 

IMS letter responds to your repast to revim pve the tribal gaming ordinance, 

Huron Potawabni Gaming Ordiuance Title V of the Tribal Code of Justice, adopadopted on 3m 

15,2000, by the Mottawaseppi Hmn Band of Potmatomi. Tbis letter co nstitutes approval 

of your submission under the Indian Gaming Replatory Act (ICiRA). Such appmval does 

not constitute approval of spded games. It is important to note that the gaming oris approved for gaming only an Indim lands as defined in the IGRA, oar which the Tribe 

exercises jurisdiction. 

Wrth the (;baimrao's approval of the TT~S gaming ordnance, the Tribe is now required to 

wndua backgmmd iwestigatiolls on i key cmploye~ id primary management officialsThs NIGC expects to receive a completed ap~Iicati011 for each key qIop and primary 

xmkagment official, purmant to 25 C1.R 556.5(a), and an investigative report on each 

background investigation bsfm the Tnbe issues a liccnse to a key employee oi primary 

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

I 

i Thank you for submitting tbs ordinance of the Tn%e for dew nnd appmval The NIGC 

I staff and I lo& fm to working with you md the Tribe in implementing the IGRA . 

Mmtic R Deer 
61 6-729-51 51 Fax 61 6-729-5920 

528 Bridge St. NW Grand Rapids, Michigan 49504 

61 6-451 -4925 Fax 61 6-451 -3808 

RESOLUTION NO. 6-1 5 - o o - o / 

RE-ADOPTING OF TITLE OF THE TRIBAL CODE OF JUSTICE 

WHEREAS: On December 2 1, 1995 the Department of the Interior recognized the 

Nottawaseppi Huron Band of Potawatomi, also known as Huron Potawatomi, Inc. as a federally 

recognized Indian Tribe pursuant to the Federal Acknowledgement Process (60 Fed. Reg. 

663 15); 

WHEREAS: Article IV, Section I of the Tribe's Constitution provides that the legislative 

powers of the Tribe shall be vested in the Tribal Council; 

WHEREAS: Article IV, Section I(c) of the Tribe's Constitution empowers the Tribal Council to 

take such actions as will promote the economic and social self-sufficiency and self-determination 

of the Tribe including, acquiring land; 

WHEREAS: Article IV, Section l(b) empowers the Tribal Council to deal with the Federal 

government; 

WHEREAS: The Tribe desires to regulate and license Class II and Class I11 gaming operations 

in strict compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et sea and the 

National Indian Gaming Commission's Regulations and Standards; 

WHEREAS: The Tribal Council adopted Title V of the Tribal Code of Justice authorizing and 

regulating Class 11 and Class 111 gaming on December 1 1, 1999 and adopted amendments 

pursuant to the requirements of the National Gaming Commission's letter of March 10,2000 on 

May 18,2000. 

NOW THEREFORE BE IT RESOLVED: That the Tribal Council hereby re-adopts Title V of 

the Tribal Code of Justice regulating Class I1 and Class LII gaming on Reservation lands, 

including the amendments made to Title V on May 18,2000. 
CERTIFICATION 

On June I S , 2000 this resolution was approved at a duly called Tribal Council meeting, a 

quorum being present by an affirmative vote 4 members, 0 opposing, and 

0 abstaining, this 15 day of June, 2000. 

Secretary 

da-~11). 

Tribal Chair 
EXHIBIT 1 

AMENDMENTS TO HURON POTAWATOMI GAMING ORDINANCE 

TITLE V OF THE TRIBAL CODE OF JUSTICE 

Sections 203, 204 and 205 shall now read: 

Section 203 Class I gaming 

"Class I gaming" means: 

(a) Social games played solely for prizes of minimal value; and 

(bj Traditional forms of Indian gaming, when played by individuals in 

connection with tribal ceremonies or celebrations. 

Section 204 Class I1 ~aming 

"Class 11 gaming" means: 

(aj Bingo or lotto (whether or not electronic, computer, or other technologic 

aids are used) when players: 

(1) Play for prizes with cards bearing numbers of other designations; 

(2) Cover numbers or designations when object, similarly numbered or 

designated, are drawn or electronically determined; and 

(3) Win the game by being the first person to cover a designated 

pattern on such cards; 

(b) If played in the same location as bingo or lotto, pull-tabs, punch boards, 

tip jars, instant bingo, and other games similar to bingo; 

(c) Nonbanking card games that: 

(1) State law explicitly authorizes, or does not explicitly prohibit, and 

are played legally anywhere in the state; and 

(2) Players play in conformity with state laws and regulations 

concerning hours, periods of operation, and limitations on wagers 

and pot sizes; 
(d) Card games played in the states of Michigan, North Dakota, South Dakota, 

or Washington if: 

(1) An Indian tribe actually operates the same card games as played on 

or before May 1, 1988, as determined by the Chairman; and 

(2) The pot and wager limits remain the same as on or before May 1, 

1988, as determined by the Chairman; 

(e) Individually owned class I1 gaming operations- 

(1) That were operating on September I, 1986; 

(2) That meet the requirements of 25 U.S.C. 2710(b)(4)(B); 

(3) Where the nature and scope of the game remains as it was on 

October 17, 1988; and 

(4) Where the ownership interest or interests are the same as on 

October 17. 1988. 

Section 205 Class 111 gamins 

"Class I11 gaming" means all forms of gaming that are not Class I gaming or Class I1 

gaming, including but not limited to: 

(a) Any house banking game, including but not limited to- 

(1) Card games such as baccarat, chemin de fer, blackjack (21), and 

pai gow (if played as house banking games); 

(2) Casino games such as roulette, craps, and keno; 

(b) Any slot machines as defined in 15 U.S.C. 1 17l(a)(l) and electronic or 

electromechanical facsimiles of any game of chance; 

(c) Any sports betting and parimutuel wagering including but not limited to 

wagering on horse racing, dog racing or jai alai; or 

(d) Lotteries. 
Section 603(b) (14) shall now read: 

Fingerprints, which shall be taken by the Huron Band of 

Potawatomi Police Department, consistent with procedures 

adopted by the Tribe according to 25 C.F.R. 522.2(h). The 

National Indian Gaming Commission shall be the identified 

authorized entity that will process the fingerprint cards through the 

Federal Bureau of Investigations. 
Huron Potawatomi, Inc. - Northern Branch 

(616) 281-4940 -Fax # (616) 281-4954 

.. -- 

i~i,'\Y I 9 222 

RESOLUTION N0.o 5 - / Y - c 0 - C 3 

AMENDING TITLE V OF TIBE TRIBAL CODE OF JUSTICE 

WHEREAS: On December 21,1995 the Department of the Interior recognized the 

Nottawaseppi Huron Band of Potawatomi, also known as Huron Potawatomi, Inc. as a federally 

recogwed Indian Tribe pursuant to the Federal Acknowledgment Process (60 Fed. keg. 66315); 

WHEREAS: Article W, Section 1 of the Tnibe's Constitution provides that the legislative 

powers of the Tnibe shall be vested in the Tribal Council; and 

S: The National Lndian Gaming Commission requires that the Tribal Code 

governing gaming on the Reservation identify the law enforcement agency that will take 

fingerprints of key employees and primary management officials; identify the National Indian 

Gaming Commission as the authorized entity to process the fingerprint cards through the FBI, and 

that the Band's Gaming Ordinance define Class II and Class III m manner that is consistent with the 

definitions found in 25 C.F.R 55 502.3,502.4. 

NOW THEREFORE BE IT RESOLVED: that amendments to Title V amending the Trlbal 

Code of Justice, annexed as Exhibit 1, are hereby adopted and made part of the Tnial Code of 

Justice. 

On May 18th,2000, this resolution was approved at a dully called Tribal Council meeting, a 

quorum being present by an affirmative vote &members aopposmg, O and abstaining, 

this 18 th. day of May. 2000. 
61 6-729-51 51 FOX 61 6-729-5920 

528 Bridge St. NW Grand Rapids, Michigan 49504 ',/ 61 6-451 -4925 FOX 6 1 6-451 -3808 

ADOPTING OF TITLE V OF THE TRIBAL CODE OF JUSTICE 

WHEREAS: On December 21,1995 the Department of the Interior recognized the Nottawaseppi 

Huron Band of Potawatomi, also known as Huron Potawatomi, Inc. as a federally recognized Indian 

Tribe pursuant to the Federal Acknowledgment Process (60 Fed. Reg. 663 15); 

WHEREAS: Article VI, Section 1 of the Tribe's Constitution provides that the legislative powers 

of the Tribe shall be vested in the Tribal Council; 

WHEREAS: Article VI, Section 1 (c) of Tribe's Constitution empowers the Tribal Council to take 

such actions as will promote the economic and social self-sufficiency and self-determination of the 

Tribe, including acquiring land; 

WHEREAS: Article VI, Section l(b) empowers the Tribal Council to deal with the federal 

government; 

WHEREAS: the Tribe desires to regulate and license Class I1 and Class III gaming operations in 

strict compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq. and the National 

Indian Gaming Commission's Regulations and Standards; 

NOW THEREFORE BE IT RESOLVED: that the Tribal Council hereby adopts Title V ofthe Tribal 

Code of Justice regulating Class II and Class III gaming on Reservation lands. 

CERTIFICATION 

On December 11, 1999, this resolution was approved at a dully called Tribal Council meeting, a 

quorum being present by an affiative vote 5 members, 0 opposing, and &abstaining, this 

1 1 th day of December, 1999. 

Secretary Chairman 
TITLE V, LICENSING AND REGULATION OF BINGO AND 

OTHER GAMES OF CHANCE 

Chapter 1 : Findings 

Section 101 The Council finds: 

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

subdivisions is a valid means of promoting economic development and the health and welfare of 

Band members; 

(b) That, under the principles established by the United States Supreme Court in 

California v. Cabazon Band of Mission Indians, 94 L.Ed.2d 244 (1987), Indian tribes have the 

exclusive right to regulate gaming activity on Indian lands if the activity is not specifically 

prohibited by federal law and is conducted within a state which does not criminally prohibit the 

activity; 

(cj That the United States Congress has enacted the Indian Gaming Regulatory 

Act, 25 U.S.C. 4 2701 et seq., providing for certain federal regulation of Indian gaming; 

(d) That tribal regulation of gaming activity on the Reservation is vital to the 

protection of trust lands on the Reservation and to the protection of the interests of the Band and its 

members; and 

(e) That the Band has entered into a tribal-state compact with the State of 

Michigan which provides for the operation of Class I11 gaming. 

Chapter 2: Definitions 

Section 201 &t 

"Act" means the Indian Gaming Regulatory Act, 25 U.S.C. 5 2701 et sea. 
Section 202 Band 

"Band" means the Huron Band of Potawatomi. 

Section 203 Class I naming 

"Class I gaming" means: 

(a) Social games played solely for prizes of minimal value; and 

(b) Traditional forms of Indian gaming, when played by individuals in connection 

with tribal ceremonies or celebrations. 

Section 204 Class I1 naming 

"Class I1 gaming" means: 

(a) Bingo or lotto (whether or not electronic, computer, or other technologic aids 

are used) when players: 

(I) Play for prizes with cards bearing numbers of other designations; 

(2) Cover numbers or designations when object, similarly numbered or 

designated, are drawn or electronically determined; and 

(3) Win the game by being the first person to cover a designated pattern 

on such cards; 

(b) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip 

jars, instant bingo, and other games similar to bingo; 
(c) Nonbanking card games that: 

(1) State law explicitly authorizes, or does not explicitly prohibit, and are 

played legally anywhere in the state; and 

(2) Players play in conformity with state laws and regulations concerning 

hours, periods of operation, and limitations on wagers and pot sizes; 

(d) Card games played in the states of Michigan, North Dakota, South Dakota, 

or Washington if: 

(1) An Indian tribe actually operates the same card games as played on 

or before May 1, 1988, as determined by the Chairman; and 

(2) The pot and wager limits remain the same as on or before May 1, 

1 988, as determined by the Chairman; 

(e) Individually owned class I1 gaming operations- 

(1) That were operating on September 1, 1986; 

(2) That meet the requirements of 25 U.S.C. 2710(b)(4)(B); 

(3) Where the nature and scope of the game remains as it was on 

October 17, 1988; and 

(4) Where the ownership interest or interests are the same as on October 

17, 1988. 

Section 205 Class TI1 gaming 
"Class 111 gaming" means all forms ofgaming that are not Class I gaming or Class I1 gaming, 

including but not limited to: 

(a) Any house banking game, including but not limited to- 

(1) Card games such as baccarat, chemin de fer, blackjack (21), and pai 

gow (if played as house banking games); 

(2) Casino games such as roulette, craps, and keno; 

(b) Any slot machines as defined in 15 U.S.C. 1171(a)(l) and electronic or 

electromechanical facsimiles of any game of chance; 

(c) Any sports betting and parimutuel wagering including but not limited to 

wagering on horse racing, dog racing or jai alai; or 

(d) Lotteries. 

Section 206 Commission 

"Commission" means the Huron Potawatomi Gaming Commission established pursuant to 

Chapter 3 of this Ordinance. 

Section 207 Key employee 

"Key employee" means (1) a person who performs one or more of the following functions: 

bingo caller, counting room supervisor, chiefof security, custodian of gaming supplies or cash, floor 

manager, pit boss, dealer, croupier, approver of credit or custodian of gambling devices including 

persons with access to cash and accounting records within such devices; or (2) if not otherwise 

included, any other person whose total cash compensation is in excess of $50,000 per year, or (3) 

if not otherwise included, the four most highly compensated persons in a gaming operation. 
Section 208 Michigan Compact 

"Michigan Compact" means the document entitled "Compact Between the Nottawaseppi 

Huron Band of Potawatomi and the State of Michigan Providing for the Conduct of Tribal Class 111 

Gaming by the Nottawaseppi Huron Band of Potawatomi," entered into between the Huron Band 

of Potawatomi and the State of Michigan. 

Section 209 National Indian Gaming Commission 

"National Indian Gaming Commission" means the National Indian Gaming Commission 

established pursuant to 25 U.S.C. fj 2704. 

Section 210 Net revenues 

"Net revenues" means gross revenues of a gaming activity less (i)amounts paid out as, or paid 

for, prizes and (ii) total operating expenses, except that management fees shall not be deducted to 

determine net revenues. 

Section 21 1 Persons or entities with a financial interest in. or having management res~onsibility 

for. a management contract 

"Persons or entities with a financial interest in, or having management responsibility for, a 

management contract" means: 

(1) Each person with management responsibility for a management contract; 

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

contract; 

(3) The ten (1 0) persons who have the greatest direct or indirect financial interest 
in a management contract; 

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

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

contract. 

Section 2 12 Primarv management official 

"Primary management official" means (1) any person having management responsibility for 

a management contract; (2) any person who has authority to hire and fire employees or to set up 

working policy for a gaming operation, or (3) the chief financial officer or other person who has 

financial management responsibility. 

Section 2 13 Social names for prizes of minimal value 

"Social gamcs for prizes of minimal value" means games in which the total value of prizes 

awarded during the calendar year does not exceed $10,000. 

Section 2 14 Traditional forms of Indian gaming 

"Traditional forms of Indian gaming" means: 

(a) Gaming activities such as "stick" or "bone" games played as part of tribal 

ceremonies, celebrations, or pow-wows. 

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

prizes are awarded, that are played as part of tribal ceremonies, celebrations, or pow-wows. This 

does not include games operated prior to a ceremony, celebration, or pow-wow for the purpose of 

raising funds for the ceremony, celebration, or pow-wow; these are considered Class I1 games unless 

they meet the definition set forth in Section 214. 
Section 21 5 Tribe 

"Tribe" also means the Huron Band of Potawatomi. 

Section 2 16 Vendor 

"Vendor" means: i) any person or entity providing Class I1 or Class I11 gaming equipment 

to a gaming operator under this Ordinance, or ii) any other person or entity which provides goods 

or services (other than accounting or legal services) to a gaming operator under a contract for goods 

or services which is in excess of $25,000 per contract year, provided that, notwithstanding any other 

provision of this Ordinance, a vendor as defined under this subsection (ii) shall be required to obtain 

a license under Section 601 only if the Commission, in its discretion, specifically so requires. 

Chapter 3: Band gamin^ Commission 

Section 301 Establishment 

There is hereby established the Huron Potawatomi Gaming Commission c commission^'), 

an agency of the Band, consisting of a Chairman and 4 (four) other members. 

Section 302 Function and Powers 

The Commission shall have the following powers and duties: 

(a) The Commission shall have primary responsibility for regulatory functions 

relating to Band gaming operations authorized under this Ordinance; 

(b) The Commission shall review all license applications and determine whether 

the application is complete and in compliance with the Ordinance, and whether such license should 

be issued, and shall further determine if any license so issued shall be revoked, suspended or 

renewed, as appropriate; 
(c) The Commission shall collect any fees required to be paid under this 

Ordinance. Such fees shall become Band gaming revenues, shall be subject to Band financial 

policies and procedures, and shall be disbursed as directed by the Council; 

(d) The Commission may bring any civil action or criminal complaint in any 

court of competent jurisdiction to enforce the provisions of this Ordinance or to enjoin or otherwise 

prevent any violation of this Ordinance, the Act, or the Michigan Compact, occurring or threatened 

to occur; 

(e) The Commission shall propose an annual operating budget which shall be 

subject to review and approval of the Huron Band of Potawatomi Council. The Commission may 

in accordance with such budget employ such staff from time to time as it deems necessary to fulfill 

its responsibilities under this Ordinance, and may retain professional services including investigative 

services to assist the Commission with respect to any issues over which the Commission exercises 

jurisdiction; 

(9 The Commission shall, subject to review and approval by the Council, 

promulgate such regulations as it deems necessary in order to implement and enforce the provisions 

of this Ordinance. 

Section 303 A~~pointment of members 

The Chairman and members of the Commission shall each be appointed by majority vote of 

the Tribal Council. Commission Chairman and members may be tribal or nontribal members. 

Section 304 Terms 

The initial members of the Commission shall serve as follows: 

(a) 2 members shall serve an initial two year term. 
(b) 2 members shall serve an initial one year term. 

(c) The Chairman shall serve an initial two year tenn. 

Thereafter all terms shall be for three years and until a successor is appointed and qualified. If a 

vacancy occurs during a term, the Council may appoint a successor for the unexpired portion of the 

term. 

Section 305 Executive Director 

The Commission shall hire a qualified person to serve as the Executive Director of the 

Commission. The Executive Director shall manage the day to day affairs of the Commission, 

including oversight of the Band's Gaming Inspectors. The Executive Director shall serve at the 

direction of the Chairman of the Commission. The salary of the Executive Director shall be set by 

the Commission and such employment shall be in accordance with the Band's Personnel Policy and 

Procedures. 

Section 306 Qualifications 

To be eligible to serve as Chairman, member of the Commission or staff of the Commission 

a person shall: 

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

gaming by the Band; 

(b) Have sufficient education and work experience to be able to fulfill the 

functions of the Commission; 

(c) Have no financial stake in any gaming operated under the Ordinance. A 

person has a "financial stake in any gaming operated under the Ordinance" if that person, or that 

person's spouse, brother, sister, mother, father, grandmother, grandfather, son, daughter, grandson, 
granddaughter or first cousin has invested in, has a direct or indirect financial interest in, has a 

management contract in, or has any other pecuniary interest whatever in gaming operated under this 

Ordinance. Membership in the Band does not, in itself, create a "financial stake in any gaming 

operated under this Ordinance." Employment at a tribally licensed gaming facility, other than as a 

primary managenlent official, by a person's spouse, brother, sister, mother, father, grandmother, 

grandfather, son, daughter, grandson, granddaughter or first cousin does not create in such person 

a "financial stake in any gaming operated under this Ordinance;" 

(d) Not participate as a player in any gaming facility on the Reservation during 

the time such person is serving as Chairman, member of the Commission or staff; 

(e) Never have been convicted of a tribal, federal or state felony, or any crime 

involving fraud, misrepresentation, moral turpitude or gambling; 

(f) Submit to a background investigation under the same procedures applicable 

to prospective gaming licensees under Chapter 6; 

(g) Not be a member of the Band Council; and 

(h) Not be delinquent on a debt to the Band, any agency of the Band, or 

corporation owned or controlled by the Band. 

Section 307 Removal and vacancies 

Members, including the Chairman, may be removed by a two-thirds vote of the Council, at 

a meeting at which a quorum is present. Members, including the Chairman, may be removed for 

cause, including malfeasance, neglect of duty, unexcused failure to attend two successive 

Commission meetings, conviction of a felony, or failure to comply with the Constitution or laws of 

the Band. 

(a) Right to a hearing. Any Commissioner being considered for removal shall 

10 
be provided with notice from the Chairman or Secretary ofthe Band stating the grounds for removal, 

specifying a date, time, and place for a hearing to be held by the Council within 20 days of receipt 

of such notice. At the hearing, the Commissioner shall be entitled to appear, present testimony and 

other evidence, and be represented by an attorney at the Commissioner's own expense. 

(b) Vacancies. Vacancies shall be filled by majority vote of the Council. 

Section 308 Meetings 

The Commission shall meet as scheduled to fulfill its duties and obligations under this 

Ordinance, but in no event less frequently than once per month. Meetings may be called by the 

Chairman, or by any two members of the Commission, upon at least three days written notice to all 

members. If the Chairman or any two members certify in writing that a meeting must be held on less 

than three days notice, a meeting may be held as necessary, provided that best efforts must be made 

to provide the Chairman and all members with as much advance notice of such meeting as possible. 

Three members, or two members and the Chairman, shall constitute a quorum for the transaction of 

business. The vote of a majority of the members present at a meeting at which a quorum is present 

shall be the act of the Commission. 

Section 309 Monthly re~orts 

The Commission shall make a report to the Council at least once each month, or more as 

requested. Each report shall include a summary of all licensing and enforcement activities, a 

summary ofmeeting and travel activities and dates, and any additional information requested by the 

Band Council. These reports shall not contain any confidential information unless specifically direct . 

by the Council. Compensation of Commission members may be withheld in the event reports are 

unreasonably delayed. 

Section 3 10 Hearing examiner 

Notwithstanding any other provision of this Ordinance, upon the Commission's own motion 
or the motion of any party, any hearing authorized to be held by the Commission may be assigned 

to a hearing examiner. The hearing examiner shall be impartial, and shall be a licensed attorney. 

The hearing examiner shall conduct hearings assigned in accordance with the provisions of the 

applicable sections of this Ordinance, and shall issue written proposed findings of fact and 

conclusions of law within 30 days of such hearing. Any party may file with the Commission, within 

15 days ofnotice ofthe hearing examiner's recommended findings, exceptions or objections to those 

findings. 

Section 3 1 1 Notice of Commission decisions 

The Commission shall provide written notice to any applicant and any other interested party 

of any decision or order. Notice shall be by personal service, or certified mail, to the person's last 

known address, or to such person's registered agent or attorney. 

Section 3 12 Appeals 

(a) An applicant for a license, or any other aggrieved party, may appeal from any 

final order or decision of the Band Gaming Commission by filing a notice of appeal with the Band 

Gaming Commission and Tribal Court within 30 days of receipt of notice of the final order or 

decision. 

(b) If a motion for reconsideration of a Band Gaming Commission final order or 

decision is filed with the Commission within 20 days of issuance of such order, the time for appeal 

shall not begin to run until the motion for reconsideration is ruled upon by the Commission. 

(c) The Commission shall certify the hearing record within 30 days of receipt of 

a notice of appeal. 

(d) Review by the Tribal Court shall be based on the record. A decision or order 

of the Commission shall be affirmed unless arbitrary and capricious, or contrary to law. 
(e) The Tribal Court shall have no jurisdiction to award money damages against 

the Commission or any member of the Commission for any action appealed under this section. 

(f) The Tribal Court shall require parties to exhaust administrative remedies 

provided by this Ordinance prior to judicial review, absent an express finding of futility or other 

good cause to the contrary. 

Section 3 13 Gaming Inspectors 

(a) The Band shall employ tribal gaming inspectors who shall have primary 

responsibility for monitoring ongoing Class I1 and Class 111 gaming operations authorized by this 

Ordinance. 

(b) Band gaming inspectors may be fill time tribal employees and shall be subject 

to Band personnel policies and procedures. The Chairman of the Commission shall supervise the 

Band gaming inspectors with respect to compliance with personnel policies and procedures. The 

budget for the Commission shall include the costs associated with Band gaming inspectors. 

(c) Band gaming inspectors shall report any violations ofthis Ordinance, the Act, 

or the Michigan Compact to the Band Gaming Commission. 

Section 3 14 Sovereivn Immunity 

Nothing in this Ordinance shall be construed to waive the immunity from suit of the Band 

or the Band Gaming Commission; provided that judicial review of actions of the Band Gaming 

Commission shall be available as set forth in this Ordinance. In no event shall this Ordinance be 

construed as consent to any money judgment, lien or attachment of any property of the Band or 

Commission. No money damages shall be awarded against a Commission member or other Band 

official acting in good faith within the scope of their official duties under this Ordinance. 
Chapter 4: Com~liance with federal law 

Section 401 Applicability 

All gaming on the Reservation shall be conducted according to the provisions of this 

Ordinance and in compliance with the Indian Gaming Regulatory Act, and the National Indian 

Gaming Commission's Minimum Internal Controls. 

Section 402 Sole proprietary interest 

In compliance with 25 U.S.C. 5 2710(b)(2)(A), the Band or a Band subdivision shall have 

the sole proprietary interest and responsibility for the conduct of any gaming activity on the 

Reservation. Ownership of any Class I1 or Class I11 game by any other entity or individual is 

prohibited. 

Section 403 Use of revenues 

In compliance with 25 U.S.C. $ 27 10(b)(2)(B), net revenues from any gaming activity are 

not to be used for any purposes other than: 

(a) to fund tribal government operations or programs; 

(b) to provide for the general welfare of the Indian Band and its members; 

(c) to promote tribal economic development; 

(d) to donate to charitable organizations; 

(e) to help fund operations of local government agencies of the State and its 

political subdivisions; or 
(0 to provide per capita payments to Huron Band of Potawatomi enrollees in 

accordance with the Indian Gaming Regulatory Act. 

Section 404 Audits 

In compliance with 25 U.S.C. 5 2710(b)(Z)(C) and (D), all gaming activities shall be subject 

to an audit by independent certified accountants, not less than annually. The audit shall include all 

contracts for supplies, services or concessions for a contract amount in excess of $25,000 annually 

(except contracts for professional legal or accounting services) relating to Class I1 or Class I11 

gaming. The audit shall be arranged by the licensee conducting the gaming, who shall provide a 

copy of the audit to the Commission upon completion. The Commission shall thereafter forward 

the audit report to the Tribal Council and the National Indian Gaming Commission. 

Section 405 Environmental and public health and safety standards 

In compliance with 25 U.S.C. 4 2710(b)(Z)(E), the construction and maintenance of any 

gaming facility, and the operation of gaming activities, shall be conducted in a manner which 

adequately protects the environment and the public health and safety, and for that purpose shall 

comply with all applicable health, safety and environmental standards enacted by the Band. Those 

standards generally imposed by the laws and regulations of the State of Michigan relating to public 

facilities with regard to building, sanitary, and health standards and fire safety shall be deemed to 

be incorporated by this Ordinance as the laws of the Band applicable to gaming facilities of the 

Band, provided however that such state laws have no force or effect on the Reservation other than 

by incorporation into this Ordinance, and provided further that if an approved management 

agreement stipulates that national building, electric and fire codes apply, then those standards shall 

be used. 

Chapter 5. Facilihr Licensing 

Section 501 Facilitv Licenses for gaming activities 
The Comlnission shall issue a license for each place, facility, or location where gaming is 

conducted. For each location licensed, the Band through its primary management official of its 

gaming operation must file a sworn application that contains a full and complete showing of the 

following: 

(a) Agreement by the applicant to accept and abide by all applicable provisions 

of this Ordinance and all conditions of the tribal license. 

(b) Satisfactory proofthat no employees of the applicant has ever been convicted 

of a felony. 

(c) Satisfactory proof that notice of the application has been posted in a 

prominent, noticeable place in the Tribal Office and on the premises where the game is to be held 

for at least 30 days prior to consideration by the Commission, and published at least twice in a local 

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

application shall be considered by the Tribal Gaming Commission. 

Section 502 Hearing on application for a license 

(a) All applications for a gaming license shall be considered by the Gaming 

Commission in open session at which the applicant, his attorney and any person protesting the 

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

relevant to the application. After the hearing, the Commission shall determine whether to grant or 

deny the application, based on the Commission's determination ofthe best interests ofthe Band. The 

decision of the Gaming Commission shall be final. 

(b) Existing licensees shall have no vested right to have their licenses renewed 

or extended, and compliance with this Ordinance does not guarantee an existing licensee a renewal 

or extension. In each case, the Commission shall, in the exercise of its discretion, make its 

determination based on all the evidence presented to it, provided that, with respect to Class I11 

gaming operated under a management contract, the Commission shall not revise or fail to renew a 
license except on grounds permissible under such management contract. 

Section 503 Conditions of the tribal license 

The facility license issued under this Ordinance shall be subject to such reasonable conditions 

as the Gaming Commission shall fix, including, but not limited to the following: 

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

establishment, both inside and outside the licensed premises. 

(b) The licensed premises shall be subject to patrol by the tribal, BIA law 

enforcement officers or other law enforcement agencies authorized under tribal law for the purpose 

of enforcing tribal law, and the licensees shall cooperate at all times with such law enforcement 

officers. 

(c) The licensed premises shall be open to inspection by duly authorized tribal 

officials and officials of the National Indian Gaming Commission at all times during the regular 

business hours. 

(d) There shall be no discrimination in the operations under a tribal license by 

reason of race, color or creed, age, sex, or national origin, provided, however, that a licensee shall 

give a preference in employment to qualified Indians. 

(e) Licensee shall not allow any person who receives any compensation, directly 

or indirectly, for the operation of a Class I1 or Class 111 game, to play any Class I1 or Class 111 game 

at the facility where the person is compensated. Licensee shall not allow any person who, without 

payment, assists in the operation of any Class I1 or Class 111 game of chance conducted by the 

operator, to play in any game conducted by the operator within 24 hours after the time said person 

did so assist. 

(f) Licensee may not allow Tribal Council member or Gaming Commission 
member or Commission staff to play any Class I1 or Class I11 game licensed under this ordinance. 

(g) No firearms, air guns which are capable ofdischarging dangerous projectiles, 

including but not limited to b.b.'s or C02 guns, rifles, shotguns, pistols, or revolvers; shall be offered 

or awarded as a prize or in lieu of a prize for winning at any of the activities authorized by this 

Ordinance. 

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

Ordinance shall, directly or indirectly, in the course of such operation, employ any device, scheme, 

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

circumstances under which such statement was made, or engage in any act, practice, or course of 

operation as would operate as a fraud or deceit upon any person. 

(i) Licensee may not accept for cashing any payroll check or a check from any 

federal or state agency including IRS checks, state assistance checks, or social security checks. 

(j) Licensee shall notify the Commission of all vendor contracts between the 

gaming operation and vendors, including the nature of the contract and the amount. 

(k) Licensee shall comply with all applicable requirements ofthe Federal Internal 

Revenue Code. 

(1) Licensee may not permit any person under the age of twenty-one to work in 

any facility licensed under this ordinance. 

If the premises operated by a manager, manager shall ensure compliance with this section. 

Section 504 Consideration of gaming license 

The Commission shall consider all license applications within sixty days of a complete 

application. 
Section 505 Assignment or transfer 

No license issued under this Ordinance shall be assigned or transferred without the written 

approval of the Commission and the Tribal Council, both expressed by formal resolution. 

Section 506 Cancellation and sus~ension 

The licensee must have, and exercise, complete control over the premises being used for 

gaming at all times said games are being played. The licensee, the manager, and the employees shall 

be legally responsible for any violation of the Ordinance. Any license issued hereunder may be 

canceled by the Commission for the breach of any of the provisions of this Ordinance or of the tribal 

license, upon hearing before the Commission, after 10 days notice of the claimed breach to the 

licensee. If the Band is the licensee, notice shall be served on the manager of the tribal operation. 

The time and place of the hearing shall be posted in the Tribal Office, and if time permits, in a local 

newspaper serving the Reservation. The licensee, manager, their attorney and any person affected 

by the license shall have the right to be present and to offer sworn oral or documentary evidence 

relevant to the breach charged. A license may be suspended during the 10 day period by a majority 

vote of the Commission at a meeting at which a quorum is present. The decision of the Commission 

shall be final. 

Section 507 Inspection 

Gaming Inspectors of the Band shall have the right to gain access without notice during 

normal hours of operation, to all premises used for the operation of Class I1 and Class I11 games of 

chance on the Reservation, and may inspect all premises, equipment, daily records, documents or 

items related to the gaming. The State of Michigan shall have the right to gain access and may 

inspect all premises, equipment, daily records, documents or items related to the operation of Class 

111 games of chance, subject to the following conditions: 

(a) With respect to public areas, at any time without prior notice; 
(b) With respect to private areas not accessible to the public, at any time during 

normal business hours, with 12 hours prior written notice; and 

(c) With respect to inspection and copying of all tribal records relating to Class 

111 gaming, with 48 hours prior written notice, not including weekends. 

Chapter 6: Licensinp of kev em~lovees. ~rimarv mana~ement - ~ersonnel, 

persons with financial interests in mana~ement contract and vendors 

Section 601 License reauired 

(a) The Commission shall ensure that the policies and procedures set out in this Section 

are implemented with respect to all persons or entities subject to a background investigation and 

requiring a license pursuant to the IGRA or the Tribal-State Compact. Those required to obtain a 

license under this Section are: 

1. All primary management officials and key employees of any gaming facility 

on the Reservation; 

2. All persons or entities with a financial interest in or having a management 

responsibility for a Class 111 management contract; and 

3. Vendors as defined under this Ordinance to a Class I1 and Class 111 gaming 

operation. 

(b) The initial license and renewal fee shall be set by the Commission and the renewal 

license fee shall be set by the Commission. 

Section 602 Licensing standard 

No one shall be issued a license if he or she: 
(a) is under the age of 21 ; or 

(b) has been convicted of or entered a plea of guilty or no contest to a gambling 

related offense, fraud or misrepresentation; or 

(c ) has been convicted of or entered a plea of guilty or no contest to any offense 

not specified in subparagraph (b) within the immediately preceding five years; this provision shall 

not apply if that person has been pardoned by the Governor of the State where the conviction 

occurred or, if a tribal member, has been determined by the Band to be a person who is not likely 

again to engage in any offensive or criminal course of conduct and the public good does not require 

that the applicant be denied a license as a key employee or primary management official; or 

(d) is determined by the Commission to have participated in organized crime or 

unlawful gambling or whose prior activities, criminal record, reputation, habits, and/or associations 

pose a threat to the public interest of the Band or the State of Michigan or to the effective regulation 

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

methods, and activities in the conduct of gaming or the carrying on of the business and financial 

arrangements incidental to the conduct of gaming. 

Section 603 Avplication for license 

(a) Each applicant for a gaming license shall, at the time of their hiring but prior 

to commencing employment, fill out an application for a tribal license to be provided by the 

Commission. Each such application shall have printed on it the following notices: 

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 emy~loyed in a gaming operation. The information will be used by National 

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

in the performance of their official duties. The information may be disclosed to 
appropriate Federal, Tribal, State, local or foreign law enforcement and regulatory 

agencies when relevant 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 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. 

1. The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing your application. 

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

employee or a primary official before that form is filled out by an applicant. 

A false statement on any part of your application may be grounds for not 

hiring you, or for firing you after you begin work. Also, you may be punished by fine or 

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

(b) The Commission shall request from all applicants for a gaming license all of 

the following information: 

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

number(s), birth date, place ofbirth, citizenship, gender, all languages 

(spoken or written); 

2. Currently and for the previous five years: business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and drivers license numbers; 

3. The names and current addresses of at least three personal references, 
including one personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (b) 

(2) of this section; 

Current business and residence telephone numbers; 

A description of any existing and previous business relationship with 

Indian tribes, including ownership interests in those business; 

A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interests in those 

businesses; 

The name and address of any licensing or regulatory agency with 

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

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

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

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

and the date and disposition, if any; 

For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within 10 years of 

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

and the date and disposition; 

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

or not there is a conviction, if such criminal charge is within 10 years 

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

paragraphs (8) or (9) of this section, the criminal charge, the name 

and address of the court involved and the date and disposition; 
11. The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license 

or permit, whether or not such license was granted; 

12. A current photograph; 

13. Any other information the Commission deems relevant; and 

14. Fingerprints, which shall be taken by the Huron Band of Potawatomi 

Police Department, consistent with procedures adopted by the Tribe 

according to 25 C.F.R. 5 522.2(h). The National Indian Gaming 

Commission shall be the identified authorized entity that will process 

the fingerprint cards through the Federal Bureau of Investigations. 

Section 604 Background investigation 

(a> The Commission shall conduct an investigation sufficient to make a 

determination under Section 605. The Commission shall perform background investigations and 

issue licenses for all applicants for a gaming license according to requirements that are at least as 

stringent as those in 25 C.F.R. Parts 556 and 558. In conducting a background investigation, the 

Commission or its agent shall promise to keep confidential the identity of each person interviewed 

in the course of the investigation. Any costs of such investigations shall be paid by the applicant. 

If the applicant satisfies a background investigation conducted by the National Indian Gaming 

Commission within the last six months ofapplying to the Band Commission, such investigation shall 

suffice for purposes of this Section. 

(b) The Commission shall employ qualified tribal investigators who shall be 

responsible for reviewing and verifying background information and criminal history record 

information (CHRI) reports. Access to CHRI reports shall be limited to tribal investigators and 

members of the Commission. 
(c) Procedures for Conducting Background Investigations. 

1. Information Verification. Tribal investigators shall review the 

required information provided by an applicant for a gaming license 

and shall: 

a. Verify the applicant's name, place of birth, date of birth and 

citizenship by requiring the applicant to provide items such as 

a birth certificate, social security card or passport; 

b. Confirm the applicant's business and employment positions 

held and ownership interests in those businesses currently and 

for the past five (5) years by attempting to contact through 

written letter, telephone calls or personal visits to past 

employers listed in the application and through ownership 

documentation such as copies of tax returns; 

c. Obtain the applicant's driving record by using the applicant's 

driving license number to contact the Department of Motor 

Vehicle in the state where the license was issued; 

d. Ascertain character information about the applicant by 

contacting personal references identified in the application; 

e. Inquire into any existing or previous business relationships 

the applicant has had with Indian tribes or the gaming 

industry, including the scope of those relationships, by 

contacting respectively the tribes or entities identified in the 

application; 

f. Verify the applicant's history and status with any licensing 
agency by contacting those agencies listed in the application 

and the National Indian Gaming Commission; 

g. Obtain information regarding any past felonies, misdemeanor 

convictions or criminal charges within the last ten (10) years 

by contacting state, city, county and tribal courts, and state, 

local and tribal police departments in the applicant's area of 

residence; 

h. Obtain and verify any other information the Commission 

deems relevant to complete a thorough background 

investigation. 

(d) Once the tribal investigator has verified the accuracy of the information 

contained in the application, the tribal investigator shall analyze the information and determine 

whether further investigation is warranted. If an analysis of the information reveals problem areas 

such as an applicant's criminal activities, finances or character, the tribal investigator shall broaden 

the scope of the investigation on such problem areas. 

(ej The tribal investigator shall prepare an investigative report which shall contain 

the following: 

1. A description of the steps taken in conducting the background 

investigation by a checklist of procedures completed; 

2. An explanation of the results obtained including describing any 

exceptions or negative information and additional steps taken to 

examine any exceptions or negative information; 

3. A statement as to the conclusions reached, whether positive or 

negative, and the basis or justification for such conclusion. Where 
exceptions, areas of concern or negative information were obtained, 

the conclusions and the justifications for the conclusions shall be 

included in the investigative report; 

Section 605 Determination of Suitability 

The Commission shall review the investigative report prepared by the tribal investigator as 

the basis for reviewing a person's prior activities, criminal record, if any, and reputation, habits and 

associations to make a finding concerning the eligibility of a key employee or primary management 

official for employment in a gaming operation paying particular attention to (i) the truthfulness of 

the applicant's answers to questions asked; (ii) the applicant's criminal record, if any; (iii) any 

conflicting or additional information; and (iv) mitigating circumstances cited by the tribal 

investigator. If the Commission determines that employment of the person poses a threat to the 

public interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, 

unfair, or illegal practices and methods and activities in the conduct of gaming, a management 

contractor or the tribal gaming operation shall not employ that person. 

Section 606 Procedures for Forwarding; Aoplications and Reoorts to the National Indian Gaming 

Commission 

(a) When a person required to be licensed begins work at a gaming operation 

authorized by this ordinance, the Commission shall forward to the National Indian Gaming 

Commission a completed application for employment and conduct the background investigation and 

make the determination referred to in Section 605. 

(b) The Commission shall forward the report referred to in Section 607 to the 

National Indian Gaming Commission within 60 days after an employee begins work or within 60 

days of the approval of this ordinance by the chairman of the National Indian Gaming Commission. 

(c) The gaming operation shall not employ a person who does not have a license 

after 90 days. 
Section 607. Report to the National Indian Gaming Commission 

(a) Pursuant to the procedures set out in Section 606, the Commission shall 

prepare and forward to the National Indian Gaming Commission an investigative report on each 

background investigation. An investigative report shall include the following: 

1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The bases for those conclusions. 

(b:) The Commission shall submit, with the report, a copy of the eligibility 

determination made under Section 605. 

(c) If a license is not issued to an applicant, the Commission: 

1. Shall notify the National Indian Gaming Commission; and 

2. May forward copies of its eligibility determination and investigative 

report (if any) to the National Indian Gaming Commission for 

inclusion in the Indian Gaming Individuals Records System. 

(d) With respect to key employees and primary management officials, the 

Commission shall retain applications for employment and reports (if any) of background 

investigations for inspection by the Chairman of the National Indian Gaming Commission or his 

designee for no less than three (3) years from the date of termination of employment. 

Section 608. Granting a Gaming License 
(a) If, within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming Commission notifies the Commission 

that it has no objection to the issuance of a license pursuant to the license application filed by a key 

employee or a primary management official for whom the Commission has provided an application 

and investigative report to the National Indian Gaming Commission, the Commission may issue a 

license to such applicant. 

(b) The Commission shall respond to a request for additional information from 

the Chairman of the National Indian Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. Such a request shall suspend the 30-day period 

under subsection (a) of this section until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

(c) If, within the thirty (30) day period described above, the National Indian 

Gaming Commission provides the Commission with a statement itemizing objections to the issuance 

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

provided an application and investigative report to the National Indian Gaming Commission, the 

Commission shall reconsider the application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Commission shall make the final decision whether to 

issue a license to such applicant. 

Section 609 Duration of license 

Each license shall be effective for a period of one year. Prior to expiration of the license, the 

licensee shall update the information produced during the original investigation. The Commission 

shall conduct a review to determine that each licensee continues to meet the standards of Section 

602. If the Comlnission finds that the licensee continues to meet the standards, it shall renew the 

license for an additional year. Notice of any such renewals shall be forwarded to the National Indian 

Gaming Commission. 

Section 61 0 Hearings 
Any person who applies for a license under this Chapter may request a hearing before the 

Commission on its license application. The Commission may grant such a request for a hearing in 

its sole discretion, provided that, if the hearing is requested by a person or entity whose application 

under this Chapter has been denied by the Commission and such request is made in writing within 

30 days of the denial, such request for a hearing shall be granted. At any hearing under this section, 

the applicant shall have the right to be present, be represented by counsel at the applicant's own 

expense, to review all evidence before the Commission on the application, and to present additional 

oral or documentary evidence in support of the application. The decision of the Commission shall 

be in writing, and shall be rendered within three days of the hearing. The decision of the 

Commission shall be final. 

Section 61 1 License sus~ension 

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

reliable information that a license is not eligible for employment under this Chapter, the Commission 

shall suspend the license and notify the licensee in writing of the suspension and proposed 

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

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

At the hearing, the licensee shall be entitled to the rights specified in Section 609. 

(c) Afler a revocation hearing, the Commission shall determine, based on the 

evidence presented at the hearing, whether to revoke or reinstate the license. If the licensee 

continues to meet the standards of Section 602, the license shall be reinstated. If not, the license 

shall be revoked. The Tribe shall notify the National Indian Gaming Commission of its decision. 

The decision of the Commission shall be final. 

Section 6 12. False or mislead in^ Information 

Notwithstanding any other provision, any person who supplies materially false or misleading 

information, or who has omitted material information in connection with the requirement of this 
Chapter, shall be denied a license. 

Section 61 3 Effect of license denial 

No person or entity denied a license under this Chapter shall be employed in any capacity 

at a tribally authorized gaming facility, provided that such person shall be eligible to reapply for a 

license one year or more aAer the license denial. 

Chapter 7: Mana~ement Contractors 

Section 701 Management contracts allowed 

Subject to the approval of the Tribal Commission and the National Indian Gaming 

Commission, the Band may enter a management contract for the operation and management of 

gaming activities. 

Section 702 Standard for a~~roval 

The Commission shall not approve any management contract unless its terms include: 

(a) Adequate accounting procedures to be maintained by the contractor and 

verifiable financial reports submitted to the licensee and the Commission on a monthly basis. 

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

officials, who shall also have the right to verify the daily gross revenues and income made from the 

gaming activity. 

(c) A minimum guaranteed payment to the Band that has preference over the 

retirement of development and construction costs. 

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

3 1 
(e) A management fee not to exceed 40 percent of the net revenues of the gaming 

activity. 

(f) Grounds and mechanisms for terminating the contract. 

Section 703 Submission to the National Indian Gamin Commission 

The Band shall submit to the National Indian Gaming Commission for approval any 

management contract for the operation of a Class I1 or Class 111 game. The Band shall submit with 

the contract all information required by the National Indian Gaming Commission for its review of 

the contract. 

Chapter 8: Class I1 Gaming 

Section 801 Conditions 

The following conditions and restrictions shall apply to the conduct of Class I1 gaming, 

including bingo: 

(a) No person who is under the age of 18 shall participate or play in any Class 

I1 game of chance. It shall be the responsibility of the licensee and of those persons physically 

operating the games to determine that no unauthorized person is allowed to play in or participate in 

any manner in the operation of any bingo game. 

(b) All Class I1 licensees shall impose a uniform charge on all players for the 

bingo cards to be used in each bingo game. The rate to be charged players for cards shall be fixed 

by each licensee and posted conspicuously on the premises. No person shall be allowed to play in 

a game without first paying this uniform charge. Each person paying for the opportunity to 

participate in a bingo game shall be given a bingo card which shall be numbered and can be readily 

identified as belonging to that licensee. Each card issued shall represent a specific amount ofmoney 

which has been paid to the licensee. The amount of prize money represented by each card issued 
shall be clearly made known to all players prior to anyone paying to participate in the activity. 

(c) Bingo cards shall be sold and paid for, only in advance for use in a specified 

game or games. All sales of bingo cards shall take place upon the premises and upon the occasion 

that the bingo games for which the card is being sold are conducted. No cards may be sold on credit 

or as a gift or loan of any kind whatever. 

(d) Each numbered ball, or other device, used in a bingo game for the selection 

of numbers to be called in play shall be the same weight as each of the other balls or devices used 

for the purpose in that game. Immediately following the calling of each number in a bingo game, 

the caller shall turn the portion of the ball or other device used to determine which number is called 

which shows the number and letter to the participants in the game so that participants may know that 

the proper number has been called out. Nothing in this section shall prohibit the use of electronic, 

computer or other technological aids in games ofbingo or other games of chance provided that such 

aids are used properly and fairly. 

Chapter 9: Class I11 Gaming 

Section 901 Anplicability 

In addition to the forms of Class 11 gaming authorized pursuant to Chapter 8, the Band shall 

be authorized to conduct Class I11 gaming. This chapter imposes conditions and regulations on Class 

I11 gaming in addition to the conditions in Chapter 5 which are applicable to all gaming on the 

Reservation. 

This chapter applies to Class I11 gaming, as defined in Section 205 of this Ordinance and in 

the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8), that occurs on lands within the State of 

Michigan which are on the Huron Band of Potawatomi Reservation, held in trust by the United 

States for the Band or individual Indians or are otherwise subject to the jurisdiction of the Huron 

Band of Potawatomi. 
Section 902 Governing law 

Class I11 gaming under this chapter shall be governed by and conducted in conformity with 

the laws ofthe Huron Band ofPotawatomi, the Michigan Compact and the laws of the United States. 

Section 903 Adoption of compact 

The Michigan Compact is hereby incorporated within and enacted as an integral part of this 

Ordinance with respect to all forms of Class I11 gaming, and is made a part of this Ordinance as if 

set forth in full herein; provided however, that nothing in the adoption of the Michigan Compact 

herein shall be deemed to affect the operation by the Band of Class I11 gaming, or the operation by 

the Band of Class I1 gaming on any portion of the Reservation, or to confer upon the State of 

Michigan any jurisdiction over Class I1 gaming conducted by the Band on the Reservation. 

Section 904 Minimum ace reauirement 

No person under the age of 21 shall be allowed to play any Class I11 game on the 

Reservation. If any person below the age of 21 plays and qualifies to win any Class 111 game, the 

prize shall not be paid, and the amount wagered during the course of the game shall not be returned 

to the minor. 

Section 905 Recordkeeping reauirement 

Each location which contains video games of chance shall have an interconnected one-way 

reporting system which shall provide, for each machine, periodic analytic reports that record coins 

in and coins out, calculate actual hold, and compare actual hold to theoretical percentages. Reports 

shall be prepared on at least a monthly basis and shall be made available for inspection by agents of 

the State of Michigan. The reports shall be maintained by the Band for a minimum of three years. 

Section 906 Technical standards 
The provisions of Section 6 of the Michigan Compact, "Providers of Class I11 Gaming 

Equipment or Supplies," are hereby adopted and incorporated into this Ordinance. 

Section 907 Accounting standards 

The accounting standards of American Institute of Certified Public Accountants are hereby 

adopted and incorporated into this Ordinance. 

Chapter 10: Jurisdiction Over Class 111 Gaming 

Section 1001 Civil iurisdiction in Michigan 

The Huron Potawatomi Tribal Court shall have civil jurisdiction exclusive of the State of 

Michigan over all transactions or disputes related to or arising from gaming conducted on the 

Reservation or in Michigan under this Ordinance. 

Section 1002 Criminal iurisdiction in Michigan 

The Huron Potawatomi Tribal Court shall have criminal jurisdiction exclusive of the State 

of Michigan over all persons who are Indian in any criminal proceeding related to or arising from 

gaming conducted on the Reservation in Michigan. The courts of the State of Michigan shall have 

jurisdiction over persons who are non-Indians in a criminal proceeding related to or arising from 

gaming conducted, to the extent set forth in the Michigan Compact. 

Section 1003 Federal iurisdiction 

Nothing herein shall be construed to limit or deprive the federal courts of any civil or 

criminal jurisdiction which they might otherwise have. 

Chapter 11 : Penalties 
Section 1 101 Criminal penalties 

Violation of this Ordinance shall constitute a Class A misdemeanor. 

Section 1 102 Civil penalties 

Notwithstanding criminal penalties which may be imposed, any individual who violates any 

provision of this Ordinance shall be subject to civil penalties including exclusion from employment 

by any Band gaming enterprise, exclusion from attendance at any Band gaming facility, or exclusion 

from the Reservation if a non-member of the Band. The Tribal Court shall have the jurisdiction to 

impose any such civil penalty on any person within the jurisdiction of the Band to impose such 

penalty. 

Chapter 12: Customer Dis~utes 

Section 1201 Customer Disputes 

Any person who has any dispute, disagreement or other grievance that involves currency, 

tokens, coins or any other thing of value and is between the customer or player and a band licensed 

gaming facility, may raise such dispute with the following persons and in the following order: a) 

a member of the staff of the facility, b) the supervisor in the area in which the dispute arose, c) a 

managerial level supervisor of the facility, d) the Band Gaming Commission. 

Section 1202 Customer rights regarding disputes 

At each level, the complainant has the right to explain his side of the dispute, and to present 

witnesses in connection with any factual allegation. At each level, if the dispute remains unresolved, 

the complainant shall be informed of this right to take the dispute to the next higher level as set forth 

in Section 1201. Resolution of any dispute by staff of the facility shall always involve two or more 

staff members. All disputes, whether resolved or not, shall be the subject of a detailed report by all 

staff involved to their supervisors, or, in the case of the senior staff member handling a dispute, and 
r" 

to the Band Gaming Commission. 

Section 1203 Commission action on customer disputes 

All disputes which are submitted to the Band Gaming Commission shall be decided by the 

Commission based on information provided by the complainant, any witnesses for or documents 

provided by the complainant, or by the licensee or manager of the facility or any other person who 

has relevant information to provide. The decision of the Commission shall be in writing, shall be 

issued within 14 days of submission of the matter to the Commission, and shall be provided to the 

licensee or manager of the facility and the complainant. The decision of the Commission shall be 

final,. 

Chapter 13: Miscellaneous 

Section 1301 Severabilitv 

In the event that any section or provision of this Ordinance is held invalid, the remaining 

sections or provisions shall continue in full force and effect. 

Section 1302 A~ent 

For purposes of service under 25 CFR 5 19.1 the Chairman of Huron Potawatomi Tribe, Inc. 

shall be deemed the agent. Such service shall be delivered to 2221 '/2 Mile Road, Fulton, Michigan 

49052. i