April 23, 2020

By First Class Mail and Email 

Zeke Fletcher

333 Albert Avenue, Suite 631

East Lansing, MI 48823

zfletcher@fletcherlawpllc.com

Re: Match-E-Be-Nash-She-Wish, Tribal Council Resolution 20-1189

Dear Mr. Fletcher:

This letter responds to your January 24, 2020 request on behalf of the Match-E-Be-NashShe-Wish Band of Pottawatomi Indians of Michigan for the National Indian Gaming 

Commission Chairman to review and approve the Tribe’s amendments to its gaming ordinance.

The amendments were adopted by Tribal Council Resolution 20-1189 on January 23, 

2020, and reflect comprehensive review and revisions. The most notable changes include

amendments to Section 12 of the gaming ordinance relating to licensing primary management 

officials, key employees, and other gaming employees.

Thank you for bringing these amendments to our attention and for providing us with a 

thorough submission of the Tribe’s gaming laws and regulations. The amended ordinance is

approved as it is consistent with the requirements of the Indian Gaming Regulatory Act and the 

NIGC’s regulations. If you have any questions or require anything further, please contact Josh 

Proper at 202-632-0294.

Sincerely,

E. Sequoyah Simermeyer

Chairman


MATCH-E-BE-NASH-SHE-WISH BAND 

OF POTTAWATOMI INDIANS OF MICHIGAN

GUN LAKE TRIBAL GAMING ORDINANCE1

Section 1. PURPOSE.

1.01 Governance. The Tribal Council of the Match-E-Be-Nash-She-Wish Band of 

Pottawatomi Indians (hereinafter “Tribe” or “MBPI”), empowered by the Tribal 

Constitution to enact ordinances, hereby declares that the purpose of this 

Ordinance is to govern and regulate the operation and conduct of all Class II and 

Class III gaming activities on lands within the jurisdiction of the Tribe as defined 

in the Indian Gaming Regulatory Act, P.L. 100-447, 25 U.S.C. Section 

2703(7)(A) and 25 U.S.C. Section 2703(8) (“IGRA”) and by the regulations 

promulgated by the National Indian Gaming Commission at 25 C.F.R. § 502.3 

and § 502.4 is hereby authorized.

1.02 Importance. The gaming industry of the Tribe is vitally important to the 

economy of the Tribe and the general welfare of Tribal members. Protecting this 

gaming industry requires that the public maintain confidence and trust in the 

integrity of gaming activities, which activities must be free of criminal and 

corruptive elements.

1.03 Strict Regulation. To prevent improper or unlawful conduct in the course of 

gaming activities and to promote the development of a balanced tribal economy 

by dedicating all of the net revenues from gaming activities to the public purposes 

of the Tribe, including the support of the Tribe’s governmental programs and 

Tribal members, strict regulation of all persons, locations, practices, associations 

and activities must be maintained. Therefore, all establishments where gaming is 

conducted and where gaming devices are operated must be formally licensed, 

controlled and operated to protect public safety, morals, good order and general 

welfare, and to foster the stability and success of gaming.

 1 Legislative History – Enacted by Tribal Council Resolution 03-375A (July 17, 2003); Amended by Tribal Council 

Resolution 09-551 (December 2, 2009); Amended by Tribal Council Resolution 13-761 (February 14, 2013); 

Amended by Tribal Council Resolution 13-802 (July 3, 2013); Amended by Tribal Council Resolution 13-819 

(October 10, 2013); Amended by Tribal Council Resolution 14-830 (January 30, 2014); Amended by Tribal Council 

Resolution 14-839 (March 13, 2014); Amended by Tribal Council Resolution 15-904 (March 12, 2015); Amended 

by Tribal Council Resolution 17-1023 (June 1, 2017); Amended by Tribal Council Resolution 18-1082 (June 7, 

2018); Amended by Tribal Council Resolution 19-1167 (November 14, 2019), but subsequently repealed and 

replaced by Tribal Council Resolution 20-1189 (January 23, 2020).
GUN LAKE TRIBAL GAMING ORDINANCE - 2

Section2. DEFINITIONS. For purpose of this Ordinance:

2.01 “Act” means the Indian Gaming Regulatory Act, Pub.L. 100-497, 25 U.S.C. 

Sections 2701, et seq., and 18 U.S.C. §§ 1166 – 1168.

2.02 “Applicant” means any person who has applied for a license under the provisions 

of this Ordinance.

2.03 “Application” means a request for the issuance of a license under the provisions 

of this Ordinance.

2.04 “Authorized Participant” means an individual who has a valid internet wagering

account with an internet gaming operating and is at least twenty-one (21) years of 

age.

2.05 “Banked Card Games” means a card game in which anyone who is a participant 

in the game, takes on all players, collects from all losers, and pays all winners.

2.06 “Class I gaming” means social games played solely for prizes of minimal value 

or traditional forms of Indian gaming engaged in by individuals as a part of, or in 

conjunction with, tribal ceremonies or celebrations.

2.07 “Class II gaming” means:

2.07.1 Bingo or lotto (whether or not electronic, computer, or other 

technologic aids are used) when players:

(A) play for prizes with cards bearing numbers or other 

designations;

(B) cover numbers or designations when objects, similarly

numbered or designated, are drawn or electronically 

determined; and

(C) win the gaming by being the first person to cover a 

previously designated pattern of such cards.

2.07.2 If played in the same location as bingo or lotto, pull-tabs, punch 

boards, tip jars, instant bingo, and other games similar to bingo.

2.07.3 Nonbanking card games that are:

(A) explicitly authorized by the State of Michigan; or

(B) are not explicitly prohibited by the laws of the State of 

Michigan and are played at any location in the State of 

Michigan;
GUN LAKE TRIBAL GAMING ORDINANCE - 3

(but only if such card games are played in conformity with 

those laws and regulations (if any) of the State of Michigan 

regarding hours or periods of operation of such card games 

or limitations on wagers or pot sizes in such card games.)

2.07.4 Any Online Version of a Game authorized Class II games defined 

in this Section 2.07.

2.08 “Class III gaming” means all forms of gaming that are not Class I gaming or 

Class II gaming, including, but not limited to:

2.08.1 Any banked card games and/or casino games such as roulette, 

craps and keno;

2.08.2 Any electronic or electromechanical facsimiles of any game of 

chance or slot machines of any kind;

2.08.3 Any sports betting and pari-mutuel wagering including but not 

limited to wagering on horse racing, dog racing or jail alai; and

2.08.4 Lotteries.

2.08.5 Any Online Version of a Game authorized Class III games defined 

in this Section 2.08.

2.09 “Commission” means the Gun Lake Tribal Gaming Commission as a whole.

2.10 “Commissioner” means any person appointed under Section of this Ordinance to 

serve as a Gaming Commissioner of the Gun Lake Tribal Gaming Commission.

2.11 “Commission Staff” means any person who is an employee of the Gun Lake 

Tribal Gaming Commission, not including the Commissioners.

2.12 “Compact” means such agreement governing the conduct of Class III gaming on 

MBPI’s Indian Lands as may be entered into pursuant to the Indian Gaming 

Regulatory Act between the State of Michigan and the MBPI, and approved by 

the Secretary of the Interior, or such procedures promulgated by the Secretary of

the Interior pursuant to the Indian Gaming Regulatory Act governing the conduct 

of Class III gaming on MBPI’s Indian Lands.

2.13 “Electronic, computer or other technologic aid” means any machine or device 

that:

2.13.1 Assists a player or the playing of a game, including, but not limited 

to, machines or devices that:
GUN LAKE TRIBAL GAMING ORDINANCE - 4

(A) broaden the participation levels in a common game;

(B) facilitate communication between or among gaming sites; or

(C) allow a player to play a game with or against other players 

rather than with or against a machine;

2.13.2 Is not an electronic or electromechanical facsimile; and

2.13.3 Is operated in accordance with applicable Federal communications 

law. Examples of electronic, computer or other technologic aids

include, but are not limited to, pull tab dispensers and/or readers, 

telephones, cables, televisions, screens, satellites, bingo blowers, 

electronic player stations, or electronic cards for participants in 

bingo games.

2.14 “Electronic or electromechanical facsimile” means a game played in an 

electronic or electromechanical format that replicates a game of chance by 

incorporating all the characteristics of the game, except when, for bingo, lotto, 

and other games similar to bingo, the electronic or electromechanical format 

allows multiple players to play with or against each other rather than with or 

against a machine.

2.15 “Game,” “Gaming” and “Gambling Game” means any game played with cards, 

dice, equipment or any mechanical, electromechanical, or electronic device or 

machine for money, property, checks, credit or any representative of value,

including, without limiting the generality of the foregoing, faro, monte, roulette, 

keno, bingo, fan-tan, blackjack (21), seven-and-a-half, Klondike, craps, poker, 

chuck-a-luck, Chinese chuck-a-luck (dai shu), wheel of fortune, chemin de fer, 

baccarat, pai gow, beat the banker, panguingui, slot machine, any banking or 

percentage game or any other game or device approved by the Commission, but 

does not include games in which prizes, chance, or consideration are absent.

2.16 “Game Classification” means the determination made by the Commission to 

identify not only Class II games and Class III games as defined by the IGRA, the 

Compact, 25 CFR Parts 502.3 and 502.4, and this Ordinance, but also to identify 

games as Class II or Class III pursuant to the definitions of “electronic, computer 

or other technologic aid,” “electronic or electromechanical facsimile” and “other 

games similar to bingo.”

2.17 “Gaming Authority” or “Authority” means the Gun Lake Tribal Gaming 

Authority created by the Gun Lake Tribal Gaming Authority Charter Ordinance to 

own and operate the Tribe’s Gaming Facilities, which is a wholly owned 

chartered instrumentality of the Tribe. 

2.18 “Gaming Authority Board of Directors” means the governing body of elected 

officials serving the Gaming Authority pursuant to the Gun Lake Tribal Gaming 

Authority Charter Ordinance. 
GUN LAKE TRIBAL GAMING ORDINANCE - 5

2.19 “Gaming Device” means a microprocessor-controlled electronic device which 

allows a Player to play games of chance, some of which are affected by skill, 

which the device is activated by the insertion of a coin, currency, tokens or by the 

use of credit, and which awards game credits, cash, tokens, replays or a receipt 

that can be redeemed by the Player for any of the foregoing. Game play may be 

displayed by video facsimile, or mechanical rotating reels whereby the software 

of the device predetermines the stop positions and the presence, or lack thereof, of 

a winning combination and pay out, if any.

2.20 “Gaming Employee” means any key employee, any primary management official 

or any other person employed by the Operation who performs gaming related 

activities, including those persons whose employment duties require or authorize 

access to restricted gaming related areas of the Gaming Facility. Gaming 

Employees shall not include the Commissioners or any employees of the Gaming 

Commission other than those Commission employees with a direct connection, or 

the appearance of a direct connection, to Gaming-Related Activities.

2.21 “Gaming Employee License” means a license issued by the Commission 

pursuant to Section 12 of this Ordinance, permitting a person to be employed as a 

gaming employee.

2.22 “Gaming Equipment” means any machine, equipment or device which is 

specially designed or manufactured for use in the operation of any Class II or 

Class III gaming activity, including any gaming device.

2.23 “Gaming Facility” or “Gaming Facilities” means the buildings or structures in 

which Class II gaming or Class III gaming is conducted on Indian Lands.

2.24 “Gaming Facility Operational License” means a license issued by the 

Commission pursuant to Section 11 of this Ordinance, permitting the Gaming 

Operation to conduct Gaming Operations at a Gaming Facility compliant with 25 

C.F.R. Part 559.

2.25 “Gaming Operation” or “Operation” means each economic entity that has a 

gaming facility license issued by the Gaming Commission, operates the games, 

receives the revenues, issues the prizes, and pays the expenses. A Gaming 

Operation may be operated by the Tribe directly; by a management contractor; or, 

under certain conditions, by another person or other entity.

2.26 “Gaming-Related Activities” means any type of employment activity that causes 

direct interaction with those items falling within the definition of the term 

“Game”, “Gaming” and “Gambling Game” including, but not limited to, 

administrative and financial activities for the revenue associated with gaming.

2.27 “Gaming Services” means:

2.27.1 The providing of any goods or services (except publicly-traded 

entities, public utilities, entities licensed or regulated by the State 
GUN LAKE TRIBAL GAMING ORDINANCE - 6

of Michigan, media entities (television, radio, billboard, etc), local 

non-gaming related entities, and other professional services, to a 

Gaming Facility or a Gaming Operation), not covered by Section 

2.27.2, the value of which exceeds $300,000 annually;

2.27.2 The providing of Gaming Equipment to the Gaming Operation;

2.27.3 The extension of or guarantee of any financing for the Authority or 

a Gaming Facility by any person or entity other than MBPI or

another federally-recognized Indian tribe (provided the tribe has 

been subject to NIGC regulation for a minimum of five (5) years, 

and has no record of NIGC violations) provided, however, a 

Chartered Institutional Investor that provides the extension of or 

guarantee of any financing for the Authority does not constitute

Gaming Services (and therefore is not required to be licensed 

pursuant to this Ordinance) and those extensions of credit to the 

Authority provided in the ordinary course of business. For 

purposes of this Ordinance “Chartered Institutional Investor” shall 

mean “any person or firm that qualifies as an “accredited investor” 

under the regulations of the United States Securities and Exchange 

Commission which extends credit or buys loans in the ordinary 

course of business;

2.27.4 To the extent not covered by Section 14, the provision of any 

services by a management contractor, or

2.27.5 The construction of Gaming Facilities or ancillary Gaming Facility 

properties.

2.28 “Gaming Support Employee” means any employee or person employed by the 

Operation who performs employment duties that are not gaming related activities 

and do not meet the definition of “Gaming Employee,” including employees 

having access to non-public areas but not restricted related areas of the Gaming 

Facility. Gaming Support Employees are not required to be licensed.

2.29 “Indirect Financial Interest” means when a corporation is a party to a contract, 

any person who is a director or who holds at least 5% of the issued and 

outstanding stock alone or in combination with another stockholder who is a 

spouse, parent, child or sibling when the corporation is publicly traded or the top 

ten (10) shareholders for a privately held corporation.

2.30 “Indian Lands” means lands within the limits of the Tribe’s reservation; or land

over which the Tribe exercises governmental power that is either held in trust by 

the United States for the benefit of the Tribe or individual; or held by the Tribe or 

individual citizen of the Tribe subject to restriction by the United States against 

alienation.

2.31 “Key Employee” means:
GUN LAKE TRIBAL GAMING ORDINANCE - 7

2.31.1 A person who performs one or more of the following functions:

(A) Bingo Caller;

(B) Counting Room Supervisor;

(C) Chief of Security;

(D) Custodian of gaming supplies or cash;

(E) Floor Manager or Management;

(F) Pit Boss;

(G) Dealer;

(H) Croupier;

(I) Approver of Credit; or

(J) Custodian of gaming devices including persons with access to 

cash and accounting records within such devices;

2.31.2 If not otherwise included, any other person whose total cash compensation 

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

2.31.3 If not otherwise included, the four most highly compensated persons in the 

Authority.

2.31.4 Any other person designated by the Commission as a key employee

2.32 “MBPI” means the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians

(a/k/a the Gun Lake Tribe), also referred to as the “Tribe”.

2.33 “Management Contract” means a contract within the meaning of 25 U.S.C. §§ 

2710(d)(9) and 2711, and 25 C.F.R. § 502.15.

2.34 “Management Contractor” means a natural person or entity that has entered into 

a management contract with MBPI or the Authority which has been 

approved pursuant to 25 U.S.C §§ 2710(d)(9), 2711 and Section 14 of this 

Ordinance.

2.35 “Manufacturer” means a natural person or entity that manufactures Gaming 

Devices and/or component parts thereof as defined herein for use or play in the 

Gaming Facilities.

2.36 “National Indian Gaming Commission” or “NIGC” means the National Indian 

Gaming Commission established pursuant to 25 U.S.C. § 2704.
GUN LAKE TRIBAL GAMING ORDINANCE - 8

2.37 “National Indian Gaming Commission Facility Licenese” means the license 

granted by the Commission and submitted to the NIGC pursuant to 25 CFR Part

559.

2.38 “Net Revenues” means the gross gaming revenues of an Indian Gaming 

Operation less amounts paid out as, or paid for, prizes and total gaming related 

operating expenses, including all those expenses of the Gaming Operation 

commonly known as operating expenses and non-operating expenses consistent 

with professional accounting pronouncements, excluding management fees.

2.38 “Online Version of a Game” (also referred to as an “Internet Game”) means 

any Class II or Class III game that is offered for play through the internet in which 

an individual wagers money or something of monetary value for the opportunity 

to win money or something of monetary value. The “online version” of any class 

II or class III game includes gaming tournaments conducted via the internet in 

which individuals compete against one another in 1 or more class II or class III 

games.

2.39 “Ordinance” means this Match-E-Be-Nash-She-Wish Band of Pottawatomi 

Indians Ordinance to govern the operation of gaming.

2.40 “Other games similar to bingo” means any game played in the same location as 

bingo constituting a variant on the game of bingo and permits players to compete 

against each other for a common prize or prizes.

2.41 “Patron” means a person who is a customer or guest of the Gaming Operation 

and may interact with a Class II or Class III game. Also may be referred to as a 

“Player.” 

2.42 “Person” includes a corporation, company, partnership, firm, association or 

society, as well as a natural person. When “person” is used to designate the 

violator or offender of any law, it includes a corporation, partnership, or any 

association of persons.

2.43 “Primary Management Official” means:

2.43.1 The person having management responsibility for or under a management 

contract; or

2.43.2 Any person who has the authority to:

(A) hire and fire employees; or

(B) set up working policy for the Authority; or

2.43.3 The chief financial officer or other person who has financial management 

responsibilities for the Authority.
GUN LAKE TRIBAL GAMING ORDINANCE - 9

2.43.4 Any other person designated by the Commission as a primary management 

official.

2.44 “Principal” means, with respect to any Person:

2.44.1 Each of its officers and directors;

2.44.2 Each of its principal management employees, including any chief 

executive officer, chief financial officer, chief operating officer or 

general management;

2.44.3 Each of its owners or partners, if an unincorporated business;

2.44.4 Each of its shareholders who own more than ten percent of the shares 

of the corporation, if a corporation;

2.44.5 Each person other than a chartered banking institution who has 

provided financing for the entity constituting more than ten percent of 

the total financing of the entity; and

2.44.6 Each of the beneficiaries, or trustees of a trust.

2.45 “Property” means, for purposes of Section 11, any tangible property or a fixed 

and certain interest in intangible property that is held, issued or owed in the 

course of a holder’s business or by a government, governmental subdivision, 

agency or instrumentality, and all income or increments therefrom. The term 

includes, without limitation, property that is referred to as or evidenced by:

2.45.1 Money or a check, draft, deposit, interest or dividend;

2.45.2 A credit balance, customer’s overpayment, security deposit, refund, credit 

memorandum, unpaid wage, mineral proceeds or unidentified remittance;

2.45.3 Stock or other evidence of ownership of an interest in a business 

association or financial organization;

2.454 A bond, debenture, note or other evidence of indebtedness;

2.45.5 Money deposited to redeem stocks, bonds, coupons or other securities or 

to make distributions;

2.45.6 An amount due and payable under the terms of an annuity or insurance 

policy, including policies providing life insurance, property and casualty 

insurance, workers’ compensation insurance or health and disability 

insurance; and

2.45.7 An amount distributable from a trust or custodial fund established under a 

plan to provide health, welfare, pension, vacation, severance, retirement, 
GUN LAKE TRIBAL GAMING ORDINANCE - 10

death, stock purchase, profit sharing, employee savings, supplemental 

unemployment insurance or similar benefits

2.46 “Revocation Hearing” means a hearing conducted to consider the initial denial, 

or subsequent conditioning, suspension or revocation of a license.

2.47 “State” means the State of Michigan, its authorized officials, agents and 

representatives.

2.48 “State Gaming Agency” means the Michigan Gaming Control Board or such 

successor agency of the State of Michigan that the Governor may from time to 

time designate by written notice to MBPI as the single state agency that shall act 

on behalf of the State under the Compact. Nothing herein shall be construed as an 

admission that the State Gaming Agency has jurisdiction over MBPI or any 

gaming conducted on Indian Lands, except to the extent the State Gaming Agency 

regulates gaming under the Lawful Internet Gaming Act and the Lawful Sports 

Betting Act in which the Tribe, or the Authority (or a designee) may be licensed 

as a condition of participation.

2.49 “Tribe” means MBPI.

Section 3. GENERAL PROVISIONS.

3.01 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 Tribal Council in Article VI, 

Section 4 of the Tribal Constitution.

3.02 Title, Repeal of Prior Laws, and Effect of Repeal. This Ordinance may be 

cited as the MBPI Gaming Ordinance. All titles, chapters, and sections of the 

Tribal Code of the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, 

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.

3.03 Classes of Gaming. This Ordinance shall divide gaming into the following three 

classes: Class I, Class II, and Class III.

3.04 Construction. In construing the provisions of this Ordinance, unless the context 

otherwise requires, the following shall apply:

3.04.1 This Ordinance shall be liberally construed to affect its purpose and to 

promote substantial justice.

3.04.2 Words in the present tense include the future and past tenses.
GUN LAKE TRIBAL GAMING ORDINANCE - 11

3.04.3 Words in the singular number include the plural, and words in the 

plural number include the singular.

3.04.4 Words of the masculine gender or neuter include masculine and 

feminine genders and the neuter.

3.04.5 Ambiguities in this Ordinance are to be construed in favor of MBPI.

3.05 Compliance with Bank Secrecy Act. Any licensed gaming establishment shall 

comply with all applicable provisions of the Bank Secrecy Act, P.L. 91-508 84 

Stat. 1122, 31 U.S.C. §§ 5311-5314, as amended.

3.06 Minimum Age of Gaming Patrons.

3.06.1 No person under the age of 21 may participate in any Class III game.

3.06.2 No person under the age of 18 may participate in any Class II game.

3.06.3 No person under the age of 18 may be physically present during the 

play of Class II gaming, except that children over 12 years of age may 

be present during the play of bingo when accompanied by a parent or 

legal guardian.

3.06.4 No person under the age of 21 may be physically present on or in those 

portions of the premises of a licensed Gaming Facility where Class III 

gaming is being played. Persons under the age of 21 may be physically 

present on or in those portions of the premises of a licensed Gaming 

Facility where Class III gaming is not being played or in the restaurant 

area of such premises.

3.06.5 This section establishes minimum age requirements. Nothing in this 

section shall prevent the authority of any licensed Gaming Facility

from imposing minimum ages higher than those established in this 

section.

3.07 Protection of the Environment and Public Health and Safety. All Gaming 

Facilities shall be constructed, maintained and operated in a manner that 

adequately protects the environment and the public health and safety.

3.08 Savings Clause. If a court of competent jurisdiction invalidates any section of 

this Ordinance, the remaining sections shall not be affected thereby.

Section 4. OWNERSHIP OF GAMING; GAMING AUTHORIZED; MANAGEMENT.

4.01 Ownership. MBPI shall have the sole proprietary interest in and responsibility 

for the conduct of any gaming authorized by this Ordinance and consistent with 

25 U.S.C. § 2710(b)(2)(A). No part or share of the proceeds of any Tribal 

Gaming Operation shall inure to the benefit of any person except as provided in a 
GUN LAKE TRIBAL GAMING ORDINANCE - 12

management contract approved in accordance with this Ordinance. No gaming 

employee shall have any interest in the ownership or leasing of any property, 

gaming device or facility used by the Operation in Gaming Operations.

4.02 Gaming Management. The Operation shall operate and manage the Tribe’s 

Class II and Class III gaming pursuant to the Gun Lake Tribal Gaming Authority 

Ordinance, and in accordance with this Ordinance, IGRA, and the regulations 

promulgated by the NIGC to implement IGRA. 

4.03 Management Contractors. The Authority or the Tribe may contract with any 

person to operate each licensed Gaming Operation. The Authority may delegate 

to a management contractor any Authority power or duty as the Authority deems 

appropriate, subject to the Authority’s supervisory authority. Any person 

contracted with to operate gaming shall obtain a gaming license as required by

this Ordinance.

Section 5. USE OF GAMING REVENUE.

5.01 Net Revenues. Net Revenues from Class II and Class III gaming shall be used 

solely for the following purposes:

5.01.1 To fund the tribal government operations and programs;

5.01.2 Provide for the general welfare of the Tribe and its members;

5.01.3 Promote tribal economic development;

5.01.4 Donate to charitable organizations; or

5.01.5 Help fund operations of local government agencies.

5.02 Per Capita. If the Tribe elects to make per capita payments to tribal members, it 

shall authorize such payments only upon approval of a plan submitted to the 

Secretary of the Interior under 25 U.S.C. § 2710(b)(3).

Section 6. AUDIT.

6.01 Annual Submission. In accordance with 25 U.S.C. § 2710(b)(2)(C), and subject 

to other applicable NIGC regulations, the Operation shall cause to be conducted 

annually an independent audit of all Gaming Operations and shall submit the 

resulting audit reports to the National Indian Gaming Commission and the 

Commission.

6.02 Applicability. All gaming related contracts that result in the purchase of 

supplies, services, or concessions in excess of $25,000 annually, except contracts 

for professional legal and accounting services, shall be specifically included 

within the scope of the audit that is described in Section 6.01, above.
GUN LAKE TRIBAL GAMING ORDINANCE - 13

6.03 Accounting Records. All accounting records at any licensed Gaming Pperation

shall be kept on a double entry system of accounting, maintaining detailed 

supporting, subsidiary records. The licensed gaming establishment shall maintain 

the following records for not less than five (5) years:

6.03.1 Revenues, expenses, assets, liabilities and equity for each licensed 

Gaming Operation;

6.03.2 Daily cash transactions for each Class II and III game, including but not 

limited to transactions relating to each gaming table bank, game drop 

box and gaming room bank;

6.03.3 All markers, IOU’s, returned checks, hold checks or other similar credit 

instruments;

6.03.4 Individual and statistical game records (except card games) to reflect 

statistical drop and statistical win; for electronic, computer, or other 

technologically assisted games, analytic reports which show the total 

amount of cash wagered and the total amount of prizes won;

6.03.5 Contracts, correspondence and other transaction documents related to 

the provision of gaming services;

6.03.6 Records of all gaming enforcement activities;

6.03.7 Internal audits prepared by internal auditors on behalf of the licensed 

Gaming Operation and provided to the Commission;

6.03.8 Personnel information on all Gaming Employees, including personnel 

information involving rotation sheets, hours worked, employee profiles 

and background checks.

Section 7. MBPI TRIBAL GAMING COMMISSION.

7.01 Establishment. The Tribal Council hereby charters, creates and establishes the 

Commission as a governmental subdivision of the Tribe.

7.02 Authority. The Commission is a regulatory subdivision of the Tribe, and is only 

vested with those authorities to ensure the Gaming Operation’s compliance with 

applicable laws and regulations. The Commission will conduct oversight to 

ensure compliance with Tribal, Federal, and, if applicable, State laws and 

regulations regarding gaming. The Commission will serve as the licensing 

authority for individuals employed in the Gaming Operation and will administer 

background investigations as part of the licensing process. The Commission will 

also have a role in monitoring compliance with the internal control standards for 

the Gaming Operation and in tracking revenues.

7.03 Limitation on Authority. The Commission is a regulatory subdivision of the 
GUN LAKE TRIBAL GAMING ORDINANCE - 14

Tribe, and is only vested with those authorities to ensure the Gaming Operation’s 

compliance with applicable laws and regulations. The Commission is not vested 

with the authority to manage the day-to-day operations of the Gaming Operation.

7.04 Location and Place of Business. The Commission shall be a resident of and 

maintain its headquarters, principal place of business and office on the MBPI 

Indian Lands. The Commission may, however, establish other places of business 

in such other locations as the Commission may from time to time determine to be 

in the best interest of the Tribe.

7.05 Duration. The Commission shall have perpetual existence and succession in its 

own name, unless dissolved by the Tribal Council pursuant to Tribal law.

7.06 Attributes. As a governmental subdivision of the Tribe, the Commission is 

delegated the right to exercise one or more of the substantial governmental 

functions of the Tribe. In creating the Commission, the Tribal Council intends the 

Commission to operate on behalf of the Tribe for the sole benefit and interests of 

the Tribe and Tribal members. In carrying out its purposes under this Ordinance, 

the Commission shall function as an arm of the Tribe. Notwithstanding any 

authority delegated to the Commission under this Ordinance, the Tribe reserves to 

itself the right to bring suit against any person or entity in the Tribe’s own right, 

on behalf of the Tribe or on behalf of the Commission, whenever the Tribe deems 

it necessary to protect the sovereignty, rights and interests of the Tribe or the 

Commission.

7.07 Recognition as a Political Subdivision of the Tribe. The Tribe, on behalf of the 

Commission, shall take all necessary steps to acquire recognition of the 

Commission as a political subdivision of the Tribe, recognized by all branches of 

the United States Government and the various states as having been delegated the 

right to exercise one or more substantial governmental functions of the Tribe.

7.08 Sovereign Immunity of the Commission. The Commission is clothed by federal 

and tribal law with all the privileges and immunities of the Tribe, except as 

specifically limited by this Ordinance, including sovereign immunity from suit in 

any state, federal or tribal court. Nothing in this Ordinance shall be deemed or 

construed to be a waiver of sovereign immunity of the Commission from suit, 

which shall only be waived pursuant to Section 7.09 below. Nothing in this 

Ordinance shall be deemed or construed to be consent of the Commission to the 

jurisdiction of the United States or of any state or of any other tribe with regard to 

the business or affairs of the Commission.

7.09 Waiver of Sovereign Immunity of the Commission. Sovereign immunity of the 

Commission may be waived only by express resolutions of both the Commission 

and the Tribal Council, after consultation with its respective attorneys. Waivers 

of sovereign immunity are disfavored and shall be granted only when necessary to 

secure a substantial advantage or benefit to the Commission. Waivers of 

sovereign immunity shall not be general but shall be specific and limited as to 
GUN LAKE TRIBAL GAMING ORDINANCE - 15

duration, grantee, transaction, property or funds, if any, of the Commission and 

shall specify the court having jurisdiction and the law applicable. Neither the 

power to sue and be sued, nor any express waiver of sovereign immunity by 

resolution of the Commission shall be deemed a consent to the levy of any 

judgment, lien or attachment upon property of the Commission other than 

property specifically pledged or assigned, or a consent to suit in respect to any 

Indian Lands or a consent to the alienation, attachment or encumbrance of any 

such land.

7.10 Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe as 

a federally-recognized Indian tribe with respect to the existence and activities of 

the Commission are hereby expressly reserved, including sovereign immunity 

from suit in any state, federal or tribal court. Nothing in this Ordinance, nor any 

action of the Commission, shall be deemed or construed to be a waiver of 

sovereign immunity from suit of the Tribe; or to be a consent of the Tribe to the 

jurisdiction of the United States or of any state or any other tribe with regard to 

the business or affairs of the Commission or the Tribe; or to be a consent of the 

Tribe to any cause of action, case or controversy, or to the levy of any judgment, 

lien or attachment upon any property of the Tribe; or to be a consent to suit with 

respect to any Indian Lands, or to be a consent to the alienation, attachment or 

encumbrance of any such land.

7.11 Credit of the Tribe. Nothing in this Ordinance or any activity of the 

Commission shall implicate or any way involve the credit of the Tribe.

7.12 Commission Records. All documents and records created by the Commission or 

received by the Commission, including personnel files and employment records, 

information, records, interviews, reports, statements, memorandums or other data 

related to investigations of any matter within the scope of authority of the 

Commission are deemed the sole property of the Commission and not subject to 

disclosure. The Commission may release records of the Commission when 

authorized by Tribal Council Resolution, Commission Resolution, when 

requested by the NIGC, or when ordered to release such records when ordered by 

the Gun Lake Tribal Court or by summons or subpoena of a federal governmental 

agency.

7.13 Assets of the Commission. The Commission shall have only those assets 

specifically assigned to it by the Tribal Council or acquired in its name by the 

Tribe or by it on its own behalf. No activity of the Commission or any 

indebtedness incurred by it shall implicate or in any way involve any assets of 

tribal members or the Tribe not assigned in writing to the Commission.

7.14 Meetings.

7.14.1 Regular Meetings. The Commission shall hold at least one (1) monthly 

meeting, which shall take place on the days designated by the 

Commission. If the meeting date falls on a holiday, it may be 
GUN LAKE TRIBAL GAMING ORDINANCE - 16

rescheduled to another date not in conflict with the regular meetings of 

the Tribal Council.

7.14.2 Special Meetings. At the request of the Chairperson of the 

Commission, by a majority of the Commissioners, or by Commission 

staff, special meetings of the Commission may be called.

7.14.3 Compensation of Commissioners. Commissioners shall be 

compensated at a rate to be established by the Tribal Council. In no 

event shall compensation be based on the profitability of Gaming 

Operations.

7.14.4 Quorum. A quorum for all meetings shall consist of a majority of 

appointed Commissioners.

7.14.5 Voting. All questions arising in connection with the action of the 

Commission shall be decided by majority vote.

7.15 Organization. The Commissioners shall develop their own operating procedures 

and shall elect from within themselves a Chairperson to direct meetings, a 

reporter to be responsible for keeping Commissioner meeting minutes, handling 

correspondence and reporting Commissioner decisions, and such other officers as 

it deems advisable.

7.16 Annual Budget. The Commission shall prepare an annual operating budget for 

all Commission activities and present it to the Tribal Council for approval.

7.17 Right of Entrance and Inspection.

7.17.1 The Commissioners and duly authorized Commission staff, may enter 

upon the premises of the Gaming Facility for the purpose of making 

inspections and examining the accounts, books, papers, and documents 

of the Gaming Operation. The Gaming Operation shall facilitate such 

inspection or examinations by giving every reasonable aid to the 

Commission.

7.17.2 A Commissioner, a member of the Commission’s staff, or the Director, 

shall visit each gaming facility during normal business hours for the 

purpose of monitoring its operation. Such visits shall be unannounced.

7.18 Hearings; Appeals. Pursuant to Commission regulations, the Commissioners

may hold any hearing, and shall provide for any appeal deemed necessary in the 

administration of its powers and duties under this Ordinance. Whenever it shall 

appear to the satisfaction of the Commissioners that all of the interested parties 

involved in any proposed hearing or appeal have agreed concerning the matter at 

hand by written stipulation, the Commissioners may issue its order without 

convening a hearing.
GUN LAKE TRIBAL GAMING ORDINANCE - 17

7.18.1 Patron Dispute Resolution. In the event of a Patron dispute, the 

Gaming Operation must notify the Patron of his/her right to contact the 

Commission regarding the dispute.

7.18.2 Dispute Procedures. The Commission shall establish procedures for 

resolution of Patron disputes and such procedures shall provide the 

opportunity for a hearing and an appeal process. If, however, a dispute 

occurs prior to the establishment of Patron dispute resolution 

procedures by the Commission, the Commission shall be responsible 

for Patron dispute resolution. The Commission may conduct any 

investigation, hold any hearing and shall provide for any appeal 

deemed necessary to resolve the Patron dispute in accordance with 

section 9.01.12 of this Ordinance.

7.18.3 Hearings Involving the Management Contractor and its affiliates. The 

Management Contractor and its affiliates shall be provided with 

appropriate due process procedures, with respect to the resolution of 

disputes concerning the issuance, non-issuance, renewal, non-renewal, 

condition, suspension, denial or revocation of any licenses to the 

Management Contractor or any affiliate.

7.18.4 Exclusion and Reinstatement Authority. The Commission shall have 

the authority to issue all permanent exclusions from access to the 

Gaming Facility and shall receive notice from the Operation in the 

event the Operation permanently excludes a patron. The Commission 

shall have the exclusive authority to issue reinstatements in accordance 

with the provisions of this Ordinance, the IGRA, NIGC regulations and 

Commission regulations.

7.19 Staff of Gaming Commission.

7.19.1 Executive Director Appointment. The Tribal Council may appoint an 

Executive Director of the Commission. The Executive Director shall 

be responsible for the day-to-day management of the affairs of the 

Commission. A detailed background investigation shall be conducted 

on the Executive Director before an appointment. The Commissioners

shall maintain oversight of the Executive Director on an ongoing basis. 

Preference shall be given to applicants with experience in legal gaming 

or law enforcement subject to applicable Tribal Preference Policies. 

The Executive Director shall meet the requirements of Section 8.03. 

The Executive Director shall not have any personal interest in any 

gaming operations. Personal interest shall not be construed to be 

citizenship of a federally recognized Indian tribe.

7.19.2 Executive Director’s Contract. The Executive Director shall be hired 

pursuant to contract. The Tribal Council shall approve the terms of the 

contract, including compensation, and termination. Compensation for 
GUN LAKE TRIBAL GAMING ORDINANCE - 18

the Executive Director shall not be based, in whole or in part, on the 

profitability of the Gaming Operations.

7.19.3 Delegation. The Commissioners may delegate any of the duties of the 

Executive Director to other Commission staff or to themselves, as 

they see fit. In the event that Tribal Council does not appoint an 

Executive Director, the Commissioners may delegate the duties of the 

Executive Director to Commission staff.

7.19.4 Duties of Executive Director or Delegate. The Executive Director (or 

delegate) shall, subject to the supervision of the Commission, perform 

all duties, exercise all powers, and assume and discharge all 

responsibilities imposed by this Ordinance or delegated by the 

Commission. Duties shall include but not be limited to the following:

(A) serve as the chief executive officer of the Commission and 

supervise Commission staff;

(B) negotiate contracts for the provision of services necessary for 

the operation of the Commission as approved by the 

Commission and expend funds for its operation within its 

budget as approved by the Tribal Council;

(C) provide for an adequate system that ensures that the background 

investigations required by this Ordinance are conducted in a 

manner which complies with this Ordinance and with NIGC 

regulations;

(D) make a decision on all applications for licenses as the 

authorized official for licensing, subject to appeal to the 

Commission;

(E) conduct hearings, investigations, inquiries and oversight of 

licensees, make decisions on licenses, including conditions 

placed upon the license, suspension of licenses, and initiate 

license revocation proceedings (only Commissioners are

permitted to revoke a license);

(F) provide for investigation of complaints relating to activities 

which fall within the regulatory authority of the Commission;

(G) send notice to the NIGC of all actions or matters for which such 

notice is required by this Ordinance, the IGRA or NIGC 

regulations;

(H) prepare reports and make recommendations to the Commission 

about any other matter within the Commission’s jurisdiction;
GUN LAKE TRIBAL GAMING ORDINANCE - 19

(I) hire, pursuant to an authorized budget, and supervise inspectors 

and such other staff, consultants and counsel as required for 

Commission responsibilities;

and

(J) be the registered agent of the Tribe for service of process by the 

NIGC, or other official notices pursuant to the Indian Gaming 

Regulatory Act.

7.19.5 Investigations. The Executive Director or person(s) delegated by the 

Commissioners, upon complaint or upon their own initiative or 

whenever they may deem it necessary in the performance of their duties 

or the exercise of their powers, may investigate and examine the 

operation and premises of any person who is subject to the provisions 

of this Ordinance. Unless notified otherwise by the Commissioners, in 

conducting such investigation, the Executive Director or delegate(s)

may proceed either with or without a hearing of the Commissioners, as 

the Executive Director or delegate(s) may deem best, unless such action 

involves revocation of gaming licenses. License suspensions and/or 

revocations of gaming licenses must follow the hearing procedures 

established under this Ordinance unless otherwise summarily 

suspended pursuant to Section 12.11.2. 

7.19.6 Review. All actions of the Executive Director or delegate(s) may be 

reviewed by the Commissioners, acting upon the Commissioners’ own 

initiative or at the request of the Executive Director or delegate(s). 

Subject to such review, any action of the Commission may be upheld, 

vacated, or revised by the Commissioners.

7.19.7 Staff. Commission staff are employees of the Tribe, subject to the 

personnel policies of the Tribe. No person shall be hired or retained as 

Commission staff who are not eligible for a gaming license pursuant to 

Section 12 of this Ordinance, however, Commission staff do not 

constitute Gaming Employees as defined under this Ordinance and are 

not issued Gaming Licenses.

7.20 Quarterly Reports. The Commission shall file a quarterly report to the Tribal 

Council summarizing reports received from the Operation and making such 

comments, as it deems necessary, to keep the Tribal Council fully informed as to 

the status of the various Gaming Operations.

Section 8. COMMISSION MEMBERSHIP.

8.01 Number of Commissioners. The Commission shall be comprised of a minimum 

of three (3) Commissioners and up to five (5) Commissioners. All 

Commissioners shall consist of persons appointed by the Tribal Council by 

resolution. 
GUN LAKE TRIBAL GAMING ORDINANCE - 20

8.02 Qualification of Commissioners. At least one (1) Commissioner shall be a 

member of the Tribe. No sitting member of the Tribal Council or employee of the 

Gaming Authority or Gaming Operation may serve concurrently as a member of 

the Commission. No sitting member of the Commission may act concurrently as 

an employee or contractor of the Gaming Commission.

8.03 Background Check. Prior to the time that any Commissioner takes office on the 

Commission, the Tribe, via the Human Resources Department, shall perform or 

arrange to have performed a comprehensive background check on each 

prospective Commissioner, the results of which shall be transmitted to the Tribal 

Council. No person shall serve as a Commissioner if:

8.03.1 prior activities, criminal record, if any, or reputation, habits or 

associations:

(A) pose a threat to the public interest;

(B) threaten the effective regulation and control of gaming; or

(C) enhance the dangers of unsuitable, unfair, or illegal practices, 

methods, or activities in the conduct of gaming; or

8.03.2 in any jurisdiction involving a matter which would be a crime under the 

provisions of the MBPI Criminal Code, or any code of similar nature, 

been convicted of or entered a plea of nolo contendere (no contest) to: 

1) a felony or any gaming offense; or 2) to a misdemeanor relating to 

theft, dishonesty, or misrepresentation within five (5) years prior of 

consideration for appointment; or

8.03.3 there is a present interest in the conduct of any Gaming Operation or in 

any business which is licensed to provide Gaming Services to a 

Gaming Operation of the Tribe; or

8.03.4 any member of their immediate family is a key employee or primary 

management official of, or has a financial interest in, any management 

contract or gaming supply business, or if there is any other personal or 

legal relationship which is a conflict of interest. The Tribal Council 

may waive this provision, provided, however, the Commissioner does 

not participate in actions, discussion, or voting where a perceived 

conflict of interest exists.

8.03.5 Special considerations may be extended to a potential Commissioner 

if they have a felony conviction that was to protect the sovereign 

rights of Indians.

8.04 Term of Office. Each Commissioner shall serve a term of four years, or until a 

successor Commissioner is appointed and the terms of the Commissioner’s shall 

be staggered to be defined by resolution of the Tribal Council. The Tribal 
GUN LAKE TRIBAL GAMING ORDINANCE - 21

Council’s appointment of any Commissioner shall be by resolution.

8.05 Removal of Commissioners or Vacancies.

8.05.1 Removal.

(A) A Commissioner shall be immediately removed by the Tribal 

Council for any action that bars eligibility for serving in that 

capacity under Section 12 of this Ordinance.

(B) A Commissioner may be removed by affirmative vote of the 

Tribal Council for the following reasons: serious inefficiency, 

neglect of duty, malfeasance, misfeasance, nonfeasance, 

misconduct in office, or for any conduct which threatens the 

honesty and integrity of the Commission or otherwise violates 

the letter or intent of this Ordinance.

(C) No Commissioner may be removed without notice and an 

opportunity to be heard before the Tribal Council, and then only 

after the Commissioner has been given written notice of the 

specific charges at least ten days prior to such hearing. At any 

such hearing, the Commissioner shall have the opportunity to be 

heard in person or by counsel and to present witnesses on his 

behalf.

(D) If the Tribal Council determines that immediate removal of a 

Commissioner is necessary to protect the interests of the Tribe, 

the Tribal Council may immediately remove the Commissioner 

on a temporary basis. Thereafter, the question of permanent 

removal shall be determined pursuant to Tribal Council hearing 

procedures.

(E) The Tribal Secretary shall keep a written record of all removal 

proceedings, together with the charges filed and the findings 

made therein. The decision of the Tribal Council upon the 

removal of a Commissioner shall be final, and is not subject to 

review by any court.

8.05.2 Vacancies. If any Commissioner shall die, resign, be removed, or for 

any reason be unable to serve as a Commissioner, the Tribal Council 

shall declare the position vacant and shall appoint another person to fill 

the position. The terms of office of each person appointed to replace a 

Commissioner shall be for the balance of any un-expired term for such 

position, provided, however, that any prospective appointee must meet 

the Commissioner qualifications established by this Ordinance.
GUN LAKE TRIBAL GAMING ORDINANCE - 22

Section 9. GENERAL POWERS OF THE COMMISSION; REGULATIONS.

9.01 Powers. The Commission shall have the powers and duties granted or imposed 

by this Ordinance, which shall include the following:

9.01.1 Consistent with its responsibility to regulate gaming and in conformity 

with revised federal regulations, amended by the NIGC on June 17, 

2002, and contained at 25 C.F.R. §§ 502.7, 502.8 and 502.9, to 

determine proper game classifications on whether a game is Class II or 

Class III, or to decide whether an electronic, computer or other 

technological aid or other games similar to bingo is Class II gaming, or 

whether a electronic or electromechanical facsimile is Class III gaming.

9.01.2 To inspect and examine all premises wherein gaming is conducted or 

gambling or gambling devices, equipment or supplies are 

manufactured, sold or distributed.

9.01.3 To inspect all gaming devices, equipment and supplies in, upon or 

about a licensed Gaming Operation, or inspect any gaming devices, 

equipment or supplies wherever located, which may or have been used 

in the licensed Gaming Operation.

9.01.4 To summarily seize and remove and impound such gaming devices, 

equipment or supplies for the purpose of examination or inspection.

9.01.5 To demand reasonable access to and inspect, examine and audit all 

papers, books, and records of all applicants and licensees or affiliates of 

an applicant or licensee respecting any income produced or 

expenditures made by any licensed Gaming Operation, and require 

verification of income and all other matters affecting the enforcement 

of any provision of this Ordinance vested in the Commission. 

9.01.6 To demand reasonable access to and inspect, examine and audit all 

papers, books, and records of any and all business conducted in a 

licensed Gaming Operation whether or not a license is required to 

conduct such business. 

9.01.7 To refer to federal, state or Tribal prosecutors or the NIGC the results 

of any regulatory investigation for possible prosecution, institution of 

civil remedial forfeiture proceedings, or other remedial action.

9.01.8 To conduct hearings, inclusive of appeals, to issue subpoenas and 

compel the attendance of witnesses, to administer oaths and to require 

testimony under oath at any such hearing. Any person making false 

statements in any matter before the Commission is guilty of perjury. 

Any process or notice may be served in the manner provided for 

service of process and notices in a civil action. The Commission may 

pay such transportation and other expenses of witnesses, as it may 
GUN LAKE TRIBAL GAMING ORDINANCE - 23

deem reasonable and proper.

9.01.9 To promulgate regulations as authorized in this Ordinance, subject to 

approval by the Tribal Council.

9.01.10 To meet at least quarterly with the Executive Director or delegate(s) on 

all matters pertaining to the regulation of gaming, including the 

delegation of powers, duties and responsibilities between the 

Commissioners and the Commission staff.

9.01.11 To organize itself into such functional divisions as deemed necessary or 

expedient from time to time.

9.01.12 To receive and investigate complaints from patrons and other persons 

alleging violations of this Ordinance, Commission regulations, or other 

applicable law.

9.01.13 To employ staff and consultants to carry out its duties, and to make 

other expenditures consistent with its approved budget.

9.01.14 To keep and maintain a file of all applications for licenses, together 

with a record of all action taken with respect to such applications.

9.01.15 To keep and maintain such other files and records as deemed necessary.

9.01.16 To approve, review, and oversee implementation of internal controls 

adopted by the Gaming Operation.

9.01.17 To hear appeals in any matter involving gaming related disputes, 

including but not limited to: license suspensions, revocations, denials, 

or conditional licenses; issues between patrons and Gaming Operations.

9.01.18 To take other action necessary and incidental to the enumerated powers 

and duties consistent with this Ordinance.

9.02 Regulations.

9.02.1 Commission regulations necessary to carry out the orderly performance 

of its duties and powers, shall include, but not be limited to the 

following:

(A) internal operational procedures of the Commissioners and 

Commission staff;

(B) interpretation and application of this Ordinance as may be 

necessary to carry out Commission duties and powers;

(C) a regulatory system for all gaming activity, including 
GUN LAKE TRIBAL GAMING ORDINANCE - 24

accounting, contracting, management and supervision;

(D) the findings of any reports or other information required by or 

necessary to implement this Ordinance;

(E) the conduct of inspections, investigations, hearings, 

enforcement actions and other powers of the Commission 

authorized by this Ordinance;

(F) procedures for conducting background investigations of gaming 

employees, including the designation of a law enforcement 

agency to take fingerprints and the process for conducting 

criminal history checks in accordance with 25 C.F.R. § 

522.2(h), including criminal history records of the Federal 

Bureau of Investigation;

(G) procedures for issuing licenses;

(H) procedures for resolving gaming disputes between the gaming 

public and the Operation;

(I) procedures for ensuring compliance with the NIGC regulations; 

and

(J) appeal procedures.

9.02.2 The Commission shall promulgate a regulation by majority vote 

confirmed by a written Commission resolution. No regulation of the 

Commission shall be of any force or effect unless it is adopted by the 

Commission by written resolution and subsequently approved by a 

resolution of the Tribal Council and both are filed for the record in the 

office of the Tribal Secretary.

9.02.3 The Tribal Court and any other court of competent jurisdiction shall 

take judicial notice of all Commission regulations adopted pursuant to 

this Ordinance (as long as the regulations are not inconsistent with the 

provisions of this Ordinance).

Section 10. GAMING LICENSES; GENERAL PROVISIONS.

10.01 Applicability. This Ordinance applies to all persons engaged in gaming within 

the jurisdiction of the Tribe. The application for a gaming license and the conduct 

of gaming within the jurisdiction of the Tribe shall be deemed to be 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 applicable tribal laws. For avoidance of doubt, the Gaming 

Authority Board of Directors shall be exempt from this Section 10, however, if 

amendments are made to Section 7(a) of the Tribe’s Gaming Authority Charter 
GUN LAKE TRIBAL GAMING ORDINANCE - 25

Ordinance rescinding the Board of Director’s delegation of authority, such 

individuals shall be subject to licensure as a Gaming Employee or Primary 

Management Official pursuant to this Ordinance

10.02 Types of Licenses.

10.02.1 Gaming Operations. Each Gaming Facility on Indian Lands shall 

obtain a license. The Operation, in anticipation of conducting Class II 

or Class III gaming on Indian land shall apply for a license authorizing 

such gaming. In the event the Authority has entered into a 

Management Contract, the Management Contractor shall apply for such 

license. 

10.02.2 Gaming Employees. Any person who has been hired for employment 

in any licensed Gaming Operation as a primary management official, a 

key employee, or other gaming employee as deemed necessary by the 

Commission to be licensed, shall apply for a license authorizing such 

employment.

10.02.3 Gaming Services. Any Gaming Service Supplier shall apply for and 

obtain a license before providing any Gaming Service.

10.02.4 Management Contractors. Any person awarded a management contract

by the MBPI or the Authority shall comply with the requirements of 

Section 14 of this Ordinance, the IGRA, and the Compact before 

beginning Gaming Operations pursuant to such contract.

10.02.5 Any person seeking to license a Gaming Operation, or become a 

gaming employee, a management contractor, or provide gaming 

services on Indian land shall apply for, and receive, all required 

licenses prior to engaging in such activity.

10.03 Non-Transferability of License. Any license issued pursuant to the provisions 

of this Ordinance is valid only for the person or Gaming Operation at the place of 

business shown on the face of the license. The license is not assignable or 

otherwise transferable pursuant to the requirements of this Ordinance.

10.04 Granting of License.

10.04.1 The Commissioners reserve the authority to issue licenses. The 

Commissioners may delegate the authority to Commission staff. 

Before a license is issued by the Commission, appropriate background 

investigations and suitability determinations shall be conducted 

pursuant to the requirements of this Ordinance, including any 

regulations promulgated thereto. Any decision of the Commission in 

relation to a license is subject to appeal to the Commissioners.

10.04.2 No license shall be issued to a person whose license has previously 
GUN LAKE TRIBAL GAMING ORDINANCE - 26

been revoked pursuant to this Ordinance, or to whom the issuance or 

renewal of a license has been denied, except with the unanimous 

approval of the Commissioners.

10.05 Background Investigations of Primary Management Officials and Key 

Employees; and Other Gaming Employees.

10.05.1 The Commissioners or delegate(s) will request from each primary 

management official and from each key employee all of the following 

information, which will be used by the Commission or a designated 

independent investigator to conduct or cause to be conducted a 

background investigation for each primary management official and 

key employee at least as stringent as those required by parts 556 and 

558 of the Code of Federal Regulations. The Commission will perform 

or cause to be performed a criminal records check, conducted in 

accordance with state law procedures, on all applicants and licensees, 

for verification:

(A) Full name, other names used (oral or written), social security 

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

languages (spoken or written);

(B) Currently and for the previous 5 years; business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers 

license numbers;

(C) The names of current addresses of at least three personal 

references, including one personal reference that was 

acquainted with the applicant during each period of residence 

listed under paragraph (b) of this section;

(D) Current business and residence telephone numbers;

(E) A description of any existing and previous business 

relationships with Indian tribes, including ownership interests 

in those businesses;

(F) A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interests in those businesses;

(G) The name and address of any licensing or regulatory agency 

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

permit related to gaming, whether or not such license or permit 

was granted;

(H) For each felony for which there is an ongoing prosecution or a 
GUN LAKE TRIBAL GAMING ORDINANCE - 27

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

involved, and the date and disposition if any;

(I) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within 10 

years of the date of the application, the name and address of the 

court involved and the date and disposition;

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

whether or not 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 paragraph (h) or (i) of this section, 

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

and the date and disposition;

(K) The name and address of any licensing or regulatory agency 

with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted;

(L) A photograph taken within the thirty (30) days prior to the 

submission of the background information;

(M) Any other information the Commission deems relevant; and

(N) Fingerprints consistent with procedures adopted by the 

Commission according to 25 C.F.R. § 522.2(h)

10.06 Consultation with Law Enforcement. As a part of the background 

investigation, the Commission shall consult with appropriate law enforcement 

officials concerning any application for a license before the license is issued.

10.07 Fees. The Commissioners shall set fees for application, background 

investigations and licenses. All such fees shall be made payable to the Tribe for 

use under the Commission’s approved budget.

10.08 Ninety Day Limitation; Grace Period; Temporary License.

10.08.1 No Gaming Operation shall employ a Gaming Employee who does not 

obtain a license within ninety (90) days of being hired. No Gaming 

Employee may begin employment without having completed an initial 

application for a license. No provider of gaming services shall provide 

any services for a licensed Gaming Operation prior to the issuance of a 

license. If any information is received that would disqualify the 

applicant from receiving a license, the applicant will no longer be 

employed or provide gaming services.

10.08.2 For Gaming Employees, within twenty (20) days of the receipt of a 
GUN LAKE TRIBAL GAMING ORDINANCE - 28

completed application for licensing, and upon request of the applicant, 

the Commission may issue a temporary license to the applicant unless 

the background investigation undertaken discloses that the applicant 

has a criminal history that might prevent licensure, or unless other 

grounds sufficient to disqualify the applicant are apparent on the face of 

the application. The temporary license shall become void and be of no 

effect upon: 1) the issuance of the license; 2) the issuance of a notice 

of denial of a license; or 3) the expiration of ninety (90) days after the 

applicant has begun working and no license has been issued.

10.09 Disclosure by Applicant. The burden of providing eligibility to receive any 

license is on the applicant. An applicant for licensing shall make true and full 

disclosure of all information to the Commission as required by this Ordinance and 

applicable regulations. It is the duty of the applicant to disclose all information 

material to whether the applicant’s involvement with gaming would jeopardize or 

compromise the Tribe’s interest, whether or not the applicant has been 

specifically requested to provide that information.

10.10 Violations by Licensee.

10.10.1 Violation of any material provision of this Ordinance or of any 

Commission regulation by a licensee or its agent or employee as 

determined by written order of the Commissioners after conducting a 

hearing shall be deemed contrary to the public health, safety, morals, 

good order, and general welfare of the Tribe, and shall be deemed 

grounds for refusing to grant, renew, or place conditions on a license, 

or to suspend or revoke a license.

10.10.2 Acceptance of a license or renewal on the part of the licensee shall 

constitute the licensee’s agreement to be bound by all of the regulations 

and conditions of the Commission and by the provisions of this 

Ordinance and any amendments hereafter promulgated, and to 

cooperate fully with the Commission. It is the responsibility of the 

Licensee to keep informed of the contents of this Ordinance, its 

regulations, and any amendments thereto. Ignorance will not excuse 

violations.

10.10.3 The management of any licensed Gaming Operation shall report to the 

Commission any known or suspected violation of this Ordinance, 

regulations under this Ordinance or any criminal activity, whether 

related to gaming or otherwise, by any person licensed under this 

Ordinance as soon as the information becomes known to management. 

The reports must be made regardless of whether disciplinary action or 

referral for prosecution is contemplated.

Section 11. LICENSING CLASS I, CLASS II, AND CLASS III OPERATIONS.
GUN LAKE TRIBAL GAMING ORDINANCE - 29

11.01 Class I. Class I gaming may be conducted on Indian land without a license. The 

Commission may investigate such activity to ensure it does not constitute Class II 

or Class III gaming.

11.02 Class II. A separate gaming license shall be required for each place, facility, or 

location on Indian land at which Class II gaming is conducted by the Operation.

11.03 Class III. The Commission may license Class III gaming if such gaming is 

conducted in conformity with the Indian Gaming Regulatory Act, NIGC 

regulations, the Compact, and this Ordinance. A Gaming Facility Operational 

License shall be required for all tribally-owned or operated gaming operations

conducted by the Operation for any gaming other than Class I gaming.

11.04 Privately Owned Gaming Not Licensable. No license may be issued for any 

Gaming Operation, whether for one or more occasions, which are owned or 

operated by any person other than the Tribe.

11.05 Application Elements.

11.05.1 Class II and Class III. Before issuing a license for any Class II or Class 

III Gaming Operation, the Commission, as the Commission deems 

appropriate, will:

(A) review the proposed gaming activity to ensure that all threshold 

criteria required by this Ordinance shall be met;

(B) ensure that the necessary background checks on management 

contractors, gaming employees, and providers of gaming 

services as required by this Ordinance has been, or is being, 

conducted;

(C) review and approve the accounting procedures to be used in 

such gaming activity;

(D) take any additional steps necessary to ensure the integrity of 

such gaming activity;

(E) for Class III gaming, review all aspects of the proposed gaming 

operation to ensure that it will be in compliance with the 

provisions of the applicable Compact; and

(F) ensure that the threshold criteria in 11.06 are met.

11.06 Threshold Criteria for Potential Gaming Operations. The Commission will 

issue a license for Class II or Class III gaming to any tribally-owned or triballyoperated Gaming Operation if:

11.06.1 The proposed gaming activity is to be located on land which was held 
GUN LAKE TRIBAL GAMING ORDINANCE - 30

in trust for the Tribe prior to October 17, 1988 or on trust lands which 

were located within or contiguous to the boundaries of the Tribe’s 

Indian Lands on October 17, 1988 or on lands taken into trust after 

October 17, 1988 which has been authorized for gaming by the 

Secretary of the Interior under 25 U.S.C. § 2719(b)(1);

11.06.2 The State of Michigan continues to permit such gaming for any purpose 

by any person, organization or entity, and such gaming is not otherwise 

specifically prohibited on Indian land by federal law;

11.06.3 The Tribe will have the sole proprietary interest;

11.06.4 The proposed gaming activity is authorized by a Tribal Council 

resolution;

11.06.5 The resolution authorizing the proposed gaming activity provides that:

(A) the revenues or the proposed gaming activity shall be audited 

annually and copies of those audits will be provided to the 

Commission and the National Indian Gaming Commission;

(B) the proposed gaming activity shall comply with all IRS 

reporting and filing requirements;

(C) all of the proceeds of the proposed gaming activity shall be used 

for the purposes stated in Section 5;

(D) all contracts for gaming services for an amount in excess of 

$25,000 annually, except contracts for legal and consulting 

services, shall be subject to an annual independent audit;

(E) the construction or maintenance of the Gaming Facility and the 

operation of the proposed gaming activity shall be conducted in 

a manner which the Commission finds will adequately protect 

the environment and the public health and safety;

(F) all primary management officials and key employees shall pass 

background checks and obtain the tribal gaming employee 

licenses required by this Ordinance;

(G) the Commission shall have the authority to regulate the 

proposed gaming activity;

(H) the proposed gaming activity shall pay to the National Indian 

Gaming Commission such fees as federal law may require to be 

paid; and

(I) in the event the gaming activity is Class III gaming, such 
GUN LAKE TRIBAL GAMING ORDINANCE - 31

gaming activity meets all other criteria established by the 

Compact.

11.07 License Application Fees. An application fee shall be required for a Class II or 

Class III Gaming Operation. Said fee shall be set by the Commission and shall 

accompany the application.

11.08 License Tax. No annual license tax shall be required for a Class II or Class III 

Gaming Operation.

11.09 Terms of License. A Class II and Class III gaming license shall be valid for a 

period of three (3) years from the date of issuance.

11.10 Posting of Licenses. Each Class II or Class III gaming operation shall post the 

applicable tribal gaming license in a conspicuous location in the facility where 

such gaming is offered.

11.11 Criteria for Gaming Facility Operational License Renewals. Each gaming 

license must be renewed every three (3) years from the date of issuance. A 

renewal fee, in an amount as determined by the Commission shall be submitted 

with every renewal application. In order to obtain a renewal of a license, the 

licensee shall submit a written renewal application to the Commission on the form 

provided by the Commission. No renewal application for a Gaming Operation

shall be approved until the annual report, required by Section 11.12 below, has 

been properly filed. All renewal applications submitted shall be approved in 30 

days or less unless the Commissionbelieves, based on reasonable grounds, that the 

gaming has been or will be operated in violation of tribal, federal or other 

applicable law, or the terms and conditions of the Compact have been or will be 

violated.

11.12 Annual Reports. For each separate license issued to a Gaming Operation under 

the control of the Authority, the Gaming Operation shall file an annual report with 

the Director between the 15th and the last day of the 12-month term of each 

license. The report shall be submitted to the Commission on the annual report 

form provided by the Commission and shall include, at a minimum, the following 

information:

11.12.1 The name, address and telephone number of the manager of gaming for 

the operation;

11.12.2 The names, addresses and titles of all key employees of the operation;

11.12.3 A description of the gaming activity that has been operated under the 

license and the total gross sales thereafter;

11.12.4 A written copy of any changes the Authority or management proposes 

to the Gaming Operation’s rules;
GUN LAKE TRIBAL GAMING ORDINANCE - 32

11.12.5 A statement of the specific date or dates and time or times on which the 

Authority or management wishes to operate its gaming activity over the 

next license period;

11.12.6 The name and address of the person who will be designated as the 

primary management official over the next license period;

11.12.7 A statement of any changes in the primary management officials or key 

employees who will operate the gaming activity over the next license 

period;

11.12.8 The names and addresses of any employees who the Commission may 

determine to be key employees during review of the application;

11.12.9 Written proof that the Gaming Operation has paid, and will continue to 

pay, to the National Indian Gaming Commission such fees as federal 

and tribal law may require it to pay;

11.12.10 A sworn statement that the mangement has complied with the Internal 

Revenue Codes and Regulations, including written notice of customer 

winnings, and a statement that the management shall continue to obey 

all tribal and federal laws and shall hold the Commission and the Tribe 

harmless for failure to do so;

11.12.11 Any location at which gambling has been conducted and any new 

location where gambling will be established in the next license period;

11.12.12 The number of full-time equivalent people, on an annualized basis, 

employed by the Gaming Operation during the past 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;

11.12.13 The total gross revenue of the Gaming Operation attributable directly 

or indirectly to gambling over the proceeding 12 months; 

11.12.14 A sworn statement that Gaming Operation and all of their gaming 

employees continue to consent to Tribal Court jurisdiction and service 

of process in all matters arising from the conduct of tribally-licensed 

gaming activity; and

11.12.15 If the manager 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 Commission.

11.13 Closure of a Licensed Tribal Gaming Activity. If the Commission finds that 

any tribally owned Gaming Operation is in violation of this Ordinance, or 

otherwise presents a threat to the public, the Commission, with the consent of the 

Commissioners, must immediately notify the Tribal Chairman and the Tribal 
GUN LAKE TRIBAL GAMING ORDINANCE - 33

Council to correct the violation. The Tribal Council may close down any Gaming 

Operation temporarily or permanently at any time with or without cause.

11.14 Unclaimed Property; Annual Report. In the event the Gaming Operation is in 

receipt of Unclaimed Property, the Gaming Operation shall file an annual report 

to the Commission, and shall submit an amount equal to the Unclaimed Property 

to the Tribe. The report must be verified and must contain:

11.14.1 A description of the property;

11.14.2 Except with respect to a traveler’s check or money order, the name, if 

known, and last known address, if any, and the social security number 

or taxpayer identification number, if readily ascertainable, of the 

apparent owner of property of the value of $50 or more;

11.14.3 In the case of an amount of $50 or more held or owing under an annuity 

or a life or endowment insurance policy, the full name and last known 

address of the annuitant or insured and of the beneficiary;

11.14.4 In the case of property held in a safe-deposit box or other safekeeping 

depository, an indication of the place where it is held and where it may 

be inspected by the Administrator and any amounts owing to the 

holder; and

11.14.5 The date, if any, on which the property became payable, demandable or 

returnable and the date of the last transaction with the apparent owner 

with respect to the property.

11.14.6 Other information that the Administrator by regulation prescribes as 

necessary for the administration of this chapter.

11.14.7 The report must be filed before November 1 of each year and cover the 

12 months next preceding July 1 of that year. The report shall include

an amount equal to the total amount of Unclaimed Property submitted 

via check or wire transfer to the Tribe’s general fund.

11.14.8 Upon payment or delivery of property to the Tribe, the Tribe assumes 

custody and responsibility for the safekeeping of the property. The 

Gaming Operation who pays or delivers property to the Tribe in good 

faith is relieved of all liability arising thereafter with respect to the 

property.

11.14.9 The Gaming Operation who has paid money to the Tribe pursuant to 

this chapter may subsequently make payment to a person reasonably 

appearing to the holder to be entitled to payment. Upon a filing by the 

holder of proof of payment and proof that the payee was entitled to the 

payment, the Tribe shall promptly reimburse the holder for the payment 

without imposing a fee or other charge. If reimbursement is sought for 
GUN LAKE TRIBAL GAMING ORDINANCE - 34

a payment made on a negotiable instrument, including a traveler’s 

check or money order, the holder must be reimbursed upon filing proof 

that the instrument was duly presented and that payment was made to a 

person who reasonably appeared to be entitled to payment.

11.14.10 The Tribe may accept a holder’s affidavit as sufficient proof of the 

holder’s right to recover money and property under this section.

11.15 Self-Exclusion Jackpots. Any jackpot won by a person whose name appears on 

any self-exclusion list shall be forwarded to the Tribe and subsequently donated to a nonprofit charitable organization that has been approved or authorized by the Tribal Council 

to receive such donations.

Section 12. LICENSING PRIMARY MANAGEMENT OFFICIALS AND KEY 

EMPLOYEES; AND OTHER GAMING EMPLOYEES.

12.01 Current and Valid Gaming Employee License Required. Each primary 

management official and key employee of a Class II or Class III Gaming 

Operation must possess a current and valid gaming employee license.

12.02 Continuing Duty to Provide Information. Each licensee must notify the 

Commission Licensing Department within 5 business days of all changes that affect or 

could affect his or her Individual Gaming License. This includes personal information 

changes such as address, telephone number, name, divorce and marriage. Financial 

issues such as bankruptcy, tax liens, garnishments and judgments. Finally, legal action 

resulting in arrest, criminal charges, convictions or civil actions.

12.03 Eligibility Determination.

12.03.1 Any person determined by the Commissionto be qualified to receive a 

gaming employee license shall be issued a license. No license shall be 

issued unless a background investigation has been completed on the 

applicant.

12.03.2 The Commission shall review an applicant’s prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

recommendation concerning the eligibility of a key employee or 

primary management official or other gaming employee for a license. 

The Commissioners or their delegate will review the recommendation 

of the Commission. If the Commissioners or their delegate determine 

whether that the licensing 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, then the Commissioners or their 

delegate shall not license that person in a key employee or primary 

management official position.
GUN LAKE TRIBAL GAMING ORDINANCE - 35

12.03.3 No license shall be granted to any person who:

(A) is under the age of 18, except those persons that are employed 

in a gaming position with a direct connection to any Class III 

gaming shall be at least 21 years of age; or

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

a gambling related offense, fraud or misrepresentation. The 

terms “fraud or misrepresentation” as used herein shall mean a 

criminal offense committed in Michigan or any other 

jurisdiction, involving theft, fraud or misrepresentation, which 

is a felony or would be a felony if committed in Michigan, and 

which was committed as an adult or prosecuted as an adult 

offense, and which has not been effectively removed from the 

employee’s criminal record by executive pardon, State court 

order, or operation of law; or

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

any offense not specified in subsection (B) within the 

immediately preceding five (5) years that is, or would be, a 

crime under the provisions of the Michigan Penal Code, Act 

No. 328 of the Public Acts of 1931, as amended, being MCL 

750.1 to 750.568, or the controlled substances provisions of the 

Michigan Public Health Code, Act No. 368 of the Public Acts 

of 1978, as amended, being MCL 333.7101 to 333.7545, or any 

other criminal offense involving theft, dishonesty, fraud or 

misrepresentation arising under the law of Michigan or another 

jurisdiction, that was committed as an adult or prosecuted as an 

adult offense and which has not been effectively removed from 

the employee’s criminal record by executive pardon, State court 

order, or operation of law. 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, is determined to 

be a person who is not likely again to engage in any offense or 

criminal course of conduct and the public good does not require 

that the applicant be denied a gaming license; or

(D) is determined to have participated in organized crime or 

unlawful gambling or whose prior activities, criminal record, if 

any, or reputation, habits, and associations pose a threat to the 

public interest 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 thereto.

(E) is a person whose license has previously been revoked pursuant 
GUN LAKE TRIBAL GAMING ORDINANCE - 36

to this Ordinance, or to whom the issuance or renewal of a 

License has been denied, except with the unanimous approval 

of the Commission.

12.04 Application Procedure for License.

12.04.1 Any person seeking employment with a Gaming Operation as a 

primary management official, key employee or gaming employee

which gaming employee is deemed by the Commission as needing a 

gaming license, shall submit an application to the Commission on such 

form or in such manner as the Commission may require.

12.04.2 The Commission or Director will conduct or cause to be conducted a 

background investigation on each applicant using the information 

provided on the application. At a minimum, the application shall 

contain the following information:

(A) the applicant’s name, including all other names used, current 

home and work addresses and telephone numbers, gender, 

Social Security Number, place of birth, date of birth, 

citizenship, and driver’s license number, as well as the address 

of his personal residences over the past 5 years;

(B) the specific location at which the applicant is applying to be 

employed;

(C) the name and job description of the position the applicant is 

applying for;

(D) the names and addresses of the applicant’s living parents, 

grandparents, spouse, children, brothers, and sisters, including 

step-, half- and in-laws;

(E) 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;

(F) the names, current addresses and telephone numbers of three 

references who are not related to the applicant and who were 

acquainted with the applicant when the applicant was residing at 

each of the addresses listed in subsection (A) above;

(G) a list of the applicant’s current and previous jobs over the 

preceding 5 years, including the name, address and telephone 

number of his employer, and the position held;
GUN LAKE TRIBAL GAMING ORDINANCE - 37

(H) the names and addresses and a brief description of all 

businesses in which the applicant currently holds, or has, within 

the last 5 years held, an ownership interest;

(I) a description of any existing and previous employment 

relationships 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 information 

provided;

(J) a description of any current or past non-employee business 

arrangements that 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;

(K) 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 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;

(L) a list of all gaming-related licenses the applicant has applied for, 

whether or not those licenses were granted and the name and 

address and phone number of the regulatory agency involved;

(M) a list of all professional or business licenses the applicant has 

applied for, whether or not those licenses were granted and the 

name, address and phone number of the regulatory agency 

involved;

(N) a statement of all languages written or spoken;

(O) 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 activity 

anywhere. If the applicant has any relative who has such a 

relationship, the applicant shall fully disclose the name and the 

nature of the relationship;

(P) written permission giving the Commission the right to 

investigate the applicant’s background, including the applicant’s 

criminal record, civil and criminal judgments and credit history;

(Q) a complete disclosure of any pending or anticipated civil or 
GUN LAKE TRIBAL GAMING ORDINANCE - 38

criminal action against the applicant, including the name and 

address of the police department and court involved;

(R) a disclosure of any civil or criminal judgments rendered against 

the applicant, including the case number, a description of the 

judgment and the name and address of the court involved; and

(S) any other information that might bring into question the 

applicant’s fitness to serve as a gaming employee of a licensed 

Gaming Operation.

12.04.3 Each application shall be accompanied by a sworn statement that the 

applicant will submit to the jurisdiction of the Tribe and the Tribal 

Court, if employed.

12.04.4 Each application shall be accompanied by a photograph taken within 

the last thirty (30) days prior to the submission of the information.

12.04.5 Each application shall be accompanied by a sworn statement that the 

applicant will abide by all applicable tribal and federal laws, 

regulations and policies.

12.04.6 Each application shall be accompanied by an application fee the 

amount of which shall be set by the Commission.

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

employee or a primary management official or other employee before 

that form is filled out by the applicant, along with a written statement 

that the applicant has read, understands and approves of the following 

Privacy Act notice and False Statement 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 granted a gaming license. The information will be used by the 

Tribal gaming regulatory authorities and by the National Indian 

Gaming Commission (NIGC) members and staff who have need for 

the information in the performance of their official duties. The 

information may be disclosed by the Tribe or the NIGC 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 NIGC in connection 

with the issuance, denial, 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 license you for a 
GUN LAKE TRIBAL GAMING ORDINANCE - 39

primary management official or key employee position.

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

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

your application.

A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment (U.S. 

Code, title 18, section 1001).

12.04.8 Fingerprint Verification. The Commission, or other designated entity 

qualified to conduct backgrounding, will take and process the 

fingerprints of each gaming license applicant for a criminal history 

check to be conducted in accordance with state law procedures. A 

criminal history check will include a check of criminal history records 

maintained by the Federal Bureau of Investigation.

12.05 Review Procedure.

12.05.1 The Commission shall forward a copy of each application to a 

designated tribal or state law enforcement agency or other designated 

entity qualified to conduct backgrounding, and arrange for that agency

or entity to verify in writing the accuracy of the applicant’s criminal 

record. The Commission shall also contact each reference provided in 

the application and take other appropriate steps to verify the accuracy 

of the information presented and prepare a report of findings, and shall 

keep each reference interview confidential. The Commission shall 

review a person’s prior activities, criminal record, if any, and 

reputation, habits and associations to make a finding concerning 

eligibility of a key employee or primary management official or other 

employee for employment in the Gaming Operation. If the 

Commission determines that licensing 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, the Commission will not issue 

a license for that person. For all other gaming employees, the 

Commission shall review the findings resulting from the application

and either grant or deny the license, if one is required by this Ordinance 

or advise the Operation that the applicant’s information has been 

reviewed and there exists no barrier to employment. The applicant

shall be notified in writing of the Commission’s decision. Should the 

applicant disagree with a decision made by the Commission, the 

applicant may request a hearing of the Commission to review the 

decision. After the hearing, if the Commissioners vote to deny a 

license, it shall include within this notification the specific reasons for 

its decision.
GUN LAKE TRIBAL GAMING ORDINANCE - 40

12.05.2 All applications, background checks and Commission decisions shall 

be retained in the Commission files for a period of at least three (3) 

years from date of termination or after the denial of a license.

12.06 Reports to NIGC; Processing of Applications for Key Employees or Primary 

Management Officials.

12.06.1 At the time a primary management official or key employee is 

employed by a licensed Gaming Operation, the Commission shall 

maintain a completed application for a license containing the 

information required in this Title and conduct the background 

investigation required in this Ordinance.

12.06.2 The Commission shall maintain an investigative report on the 

background investigation for that primary management official or key 

employee, together with a copy of the determination on eligibility for 

licensing. The investigative report shall include the following:

(A) steps taken in conducting a background investigation;

(B) results obtained;

(C) conclusions reached; and

(D) the basis for those conclusions.

12.06.3 The Commission shall submit a notice of results of the applicant’s 

background investigation to the NIGC before issuing a license and no 

later than sixty (60) days after the applicant begins work. The notice of 

results shall contain:

(A) Applicant’s name, date of birth, and social security number.

(B) Date on which applicant began or will begin work as key 

employee or primary management official.

(C) A summary of the information presented in the investigative 

report, which shall at a minimum include a listing of:

(i) Licenses that have previously been denied;

(ii) Gaming licenses that have been revoked, even if 

subsequently reinstated;

(iii) Every known criminal charge brought against the 

applicant within the last 10 years of the date of 

application; and

(iv) Every felony of which the applicant has been convicted 
GUN LAKE TRIBAL GAMING ORDINANCE - 41

or any ongoing prosecution.

(D) A copy of the eligibility determination made under 25 C.F.R. § 

556.5.

12.06.4 If the Commission has issued the license before receiving the NIGC’s 

statement of ojections, notice and hearing shall be provided the 

Applicant pursuant to process outlined in Section 12.12.3.

12.06.5 If, within the thirty (30) day period provided for NIGC review under 25 

CFR § 558.3(c), NIGC provides the Commission with a statement 

itemizing objections to the issuance of the license, the Commission

shall reconsider the application, taking into account the objections 

itemized by NIGC. The Commission shall then make a 

recommendation on whether to issue a license in light of the NIGC 

objection(s) and refer the recommendation to the Commissioners for 

consideration. The Commissioners shall make the final decision 

whether to issue a license to the applicant.

12.06.6 Within thirty (30) days after the issuance of a license or upon any final 

decision not to license an applicant, the Commission shall notify the 

NIGC in writing of such decision. The Commission shall submit to the 

NIGC each notice of results and eligibility determination within sixty 

(60) days of each determination for inclusion in the Indian Gaming 

Individuals Records System.

12.06.7 The Commission, ninety-one (91) days after the receipt of an 

application, shall notify the NIGC of whether a license was issued to an 

applicant or not.

12.07 Scope of License.

12.07.1 Any gaming employee licenses issued pursuant to this Section shall be 

effective for only the property location, job(s) and employer contained 

in the application.

12.07.2 Any licensed gaming employee applying for a different gaming 

position shall apply to have his license transferred to the new position 

by requesting that transfer in writing to the Commission in a manner 

which details the new job and location and the operator for whom he 

proposes to work.

12.08 Licensing Period. Any gaming employee license issued pursuant to this Section

shall be effective until the licensee’s birthday following the one (1) year 

anniversary of the issuing date indicated on their license. Thereafter, renewals 

will be on an annual basis on the licensee's birthday. Each license shall contain 

the licensee’s photograph and shall state on its face the name of the employee, the 

location at which he is licensed to work, the Gaming Operation who employs him, 
GUN LAKE TRIBAL GAMING ORDINANCE - 42

the date that the license became effective and the date the license expires.

12.09 Renewals. A holder of a gaming employee license shall petition to have his 

license renewed, by applying to the Commission for a renewal thirty (30) days 

prior to expiration of the license and the licensee is required to update all 

information contained in the original application.

12.10 Requirement to Produce License Upon Request. Any person receiving a 

gaming employee license must carry that license upon his person during all 

working hours and must produce that license upon request of any person.

12.11 Suspension or Revocation of Gaming Employee License.

12.11.1 Grounds for Suspension or Revocation. Subject to applicable or 

appropriate notice and hearing requirements, a license may be 

suspended or revoked for any of the following reasons:

(A) the employee has withheld pertinent information on his 

application;

(B) the employee has made false statements on the application;

(C) the employee has participated in gaming that was not authorized 

by any tribal gaming license;

(D) the employee has attempted to bribe a Tribal Council member, 

Commissioner or other person in an attempt to avoid or 

circumvent Tribal law;

(E) the employee has offered something of value or accepted a loan, 

financing or other thing of value from a Commissioner, a 

subordinate employee or any person participating in any 

gaming;

(F) the employee has knowingly promoted, played or participated in 

any gaming operated in violation of tribal or federal law or the 

Compact; 

(G) the employee has been knowingly involved in the falsification 

of books or records which relate to a transaction connected with 

the operation of a gaming;

(H) the employee has been convicted of, or has entered a plea of 

nolo contendere to, any crime involving gaming, fraud, theft, 

embezzlement or other activity which, if perpetrated at his 

operator’s place of employment, would injure or pose a threat to 

the public interest, or the integrity of gaming, or the effective 

regulation of gaming or enhance the dangers of unfair, 
GUN LAKE TRIBAL GAMING ORDINANCE - 43

unsuitable or illegal gaming practices;

(I) the employee has refused to comply with any reasonable and 

lawful written order of the Commission;

(J) the employee has been convicted of, or entered a plea of nolo 

contendere to, a crime involving the sale of illegal narcotics or 

controlled substances; or

(K) the employee, through prior activities or criminal records (if 

any), or through reputation, habits and associations poses a 

threat to the public interest or to the effective regulation of 

gaming, or creates or enhances the dangers of unsuitable, unfair, 

or illegal practices, methods and activities in the conduct of 

gaming.

12.11.2 Investigation Required. Whenever it is brought to the attention of the 

Commission that grounds may exist for suspending or revoking a 

license pursuant to subsection (1) above, the Commission shall 

undertake an investigation to determine whether disciplinary action 

should be taken pursuant to Section 12.12 below.

12.11.3 Notification from the NIGC. If, after the issuance of a gaming license, 

the Commission or Director receives from the National Indian Gaming 

Commission reliable information indicating that a key employee or a 

primary management official is not eligible for employment under 

section 12.11.1, the Commission shall immediately suspend such 

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

proposed revocation. The Commissioners shall notify the NIGC of its 

decision after the revocation hearing within forty-five (45) days after 

receiving such notification from the NIGC that a key employee or a 

primary management official is not eligible for employment. 

12.12 Basis of Suspension of Employee Gaming License.

12.12.1 If the Commission determines that provisions listed pursuant to Section 

12.11.1 were violated by any gaming employee licensee, the 

Commission shall provide written notice to the gaming employee 

licensee and afford the licensee the opportunity for a hearing prior to 

the issuance of any written order from the Commission suspending a 

gaming employee license. Only in the event the Commission

determines that there exists a direct and immediate threat to the peace, 

safety, morals or health or welfare of the community may the 

Commission summarily suspend a gaming employee license pursuant 

to Sections 12.12.2 and 12.12.3. In the event the Commission suspends 

a license, upon appeal of the Commission’s decision to suspend, the 

Commissioners may proceed to revoke a gaming employee license and 
GUN LAKE TRIBAL GAMING ORDINANCE - 44

affording the gaming employee licensee the opportunity to written 

notice and a hearing within thirty (30) days of any order suspending a 

gaming employee license. In the event an appeal of the Commission’s 

decision not to suspend is not timely filed the decision to suspend is 

upheld. The Commission shall not, however, have the authority to 

suspend the pay of a licensee during the suspension process and/or any 

suspension periods. The Commission may assess penalties and/or fines 

against a licensee in the event such conduct of a licensee warrants 

penalties and/or fines.

12.12.2 Emergency Suspension. Any gaming employee license may only be 

temporarily and immediately suspended by written order of the 

Commission for not more than thirty (30) days if any of the following 

have occurred:

(A) the employee’s continued employment as a primary 

management official or key employee of a game or Gaming 

Operation poses a direct and immediate threat to the peace, 

safety, morals or health or welfare of the community;

(B) the employee has made a material false statement in his license 

application;

(C) the employee has participated in gaming unauthorized by his 

tribal gaming license; 

(D) the employee has refused to comply with any written and lawful 

order of the Commission or the National Indian Gaming 

Commission; or

(E) the National Indian Gaming Commission has provided 

notification pursuant to Section 12.11.3.

12.12.3 If an employee has conducted any of the events as contained in Section 

12.12.1(A) through (E) above, or any non-compliance with this 

Ordinance is a direct and immediate threat to the peace, safety, morals 

or health or welfare of the community, the Commission shall issue a 

written order of temporary suspension of the employee’s gaming 

license which notice shall be served upon the employee or any agent of 

the employee. The order shall state the grounds upon which it is issued 

and the employee’s right to a hearing. The employee shall immediately 

cease and desist operating as a gaming employee in any position upon 

receipt of the order. Upon appeal of the Commission’s decision to 

suspend, the Commissioners shall hold a hearing on the order within 14 

calendar days of its receipt of the appeal (unless the hearing date is 

mutually extended by the Commissioners and the employee). At the 

hearing the employee shall have an opportunity to present testimony 
GUN LAKE TRIBAL GAMING ORDINANCE - 45

and cross-examine opposing witnesses, and to present any other 

evidence as to why his license should not be revoked. The hearing 

shall be governed in all respects in accordance with Tribal law and 

Commission regulations. The burden shall be on the licensee to 

establish continued eligibility for a license.

12.12.4 After the hearing, the Commission shall make one of the following 

dispositions:

(A) revoke the license;

(B) reinstate the license; 

(C) order a further suspension or not more than sixty (60) days; or

(D) reinstate the license with conditions or limitations.

12.12.5 The decision of the Commission is final. The Commission may revoke 

a license regardless of whether:

(A) the licensee has been disciplined or discharged by the licensed 

Gaming Operation or the Authority;

(B) criminal or civil remedial forfeiture proceedings have been 

initiated; or

(C) if criminal charges were brought, whether or not such charges 

resulted in dismissal or acquittal.

Section 13. LICENSING OF GAMING SERVICE SUPPLIERS; BACKGROUND 

CHECK.

13.01 Gaming Service Suppliers.

13.01.1 Any person who supplies gaming services in the amount of $300,000 

annually, to any licensed Gaming Operation shall have a license issued 

by the Commission. The $300,000 annual threshold shall not apply to 

those gaming services provided pursuant to Section 2.26.2.

13.01.2 Prior to entering into any agreement, the licensed Gaming Operation or 

the proposed gaming services supplier, and all persons holding a direct 

or indirect financial interest in the gaming services supplier or in the 

agreement for such services, shall provide to the Commission such 

information as the Commission shall prescribe to permit the 

Commission to conduct a background investigation on those persons or 

entities. The applicant shall provide any additional information that the 

Commission may request.
GUN LAKE TRIBAL GAMING ORDINANCE - 46

13.01.3 The Commission shall review the information submitted and 

recommend to the Commissioners or their delegate, based upon the 

applicant’s prior activities, criminal record, if any, and reputation, 

habits and associations, whether to license the gaming services

supplier. The Commissioners or their delegate shall review the 

Commission’s recommendation and decide whether to issue the license. 

No license shall be issued if the applicant, or any manager or person

holding direct or indirect financial interest in the supplier or the 

proposed agreement is determined to have:

(A) participated in or have involvement with organized crime; or

(B) been convicted of or entered a plea of guilty or no contest to a 

gambling related offense, fraud or misrepresentation; or

(C) been convicted of or entered a plea of guilty or no contest to any 

other felony offense within the immediately preceding five 

years, unless that person has been pardoned.

13.01.4 The Gaming Operation shall not contract with or purchase any 

equipment, supplies or services from any gaming services supplier if 

the supplier does not have a required gaming license or the background 

check reveals that such supplier, or any manager of or person holding a 

direct or an “Indirect Financial Interest” in such supplier or the 

proposed lease or contract:

(A) has been convicted of or pled guilty or no contest to any felony 

offense within the immediately preceding five years; or

(B) has participated in or has involvement with organized crime or 

unlawful gaming; or

(C) whose prior activities, criminal record, if any, or reputation, 

habits, and associations pose a threat to the public interest 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.

13.01.5 Any license issued pursuant to this section shall be effective for a 

period of one year from the date of issuance.

13.01.6 A holder of a gaming supplier license shall petition to have his license 

renewed, by applying to the Commission for a renewal thirty (30) days 

before the original license has expired and updating all information 

contained in the original application.

Section 14. MANAGEMENT CONTRACTS.
GUN LAKE TRIBAL GAMING ORDINANCE - 47

14.01 Commission Approval Required

14.01.1 Any management contract entered into by the Authority, Operation, or 

by the Tribe for the management of Class II or Class III gaming must 

be submitted to the Commission for approval and a finding of 

suitability. Before approving such contract, the Commission shall 

require and obtain the following information:

(A) the name, address of each of the following:

(i) each person with management responsibility for a 

management contract;

(ii) each person who is the director of a corporation that is a 

party to a management contract;

(iii) each member of the Board of Directors of a corporation 

that is a party to a management contract;

(iv) each stockholder of a corporation who holds either 

directly or indirectly 10% or more of its issued and 

outstanding stock;

(v) each person who has a direct or indirect financial 

interest in an entity that is a party to a management 

contract; and

(vi) each person who has a direct or indirect financial 

interest in a management contract.

(B) for each of the individuals identified in subsection (A), the 

management contractor shall provide to the Commission:

(i) full name, other names used, social security number(s), 

birth date, place of birth, citizenship and gender;

(ii) a current photograph, driver’s license number, and 

which state(s) issued a driver’s license;

(iii) business and employment positions held, business and 

residence addresses held currently and for the previous 

ten (10) years; the city, state and country of residence 

from age eighteen (18) until the present;

(iv) the names and current addresses of at least three (3) 

personal references, including one personal reference 

who was acquainted with the person at each different 

residence for the past five (5) years;
GUN LAKE TRIBAL GAMING ORDINANCE - 48

(v) current residence and business addresses and telephone 

numbers;

(vi) a description of any previous business relationships with 

Indian tribes, including ownership interests in those 

businesses;

(vii) a description of any previous business relationships with 

the gaming industry generally, including ownership 

interests in those businesses;

(viii) 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;

(ix) for each gaming related offense and for each felony for 

which there is an ongoing prosecution or a conviction, 

or for which a plea of guilty or no contest was entered, 

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

and the dates of the charge and of the disposition;

(x) for each misdemeanor conviction or ongoing 

misdemeanor prosecution (excluding minor traffic 

violations) within ten (10) years of the date of the 

application, the name and address of the court involved, 

and the dates of the prosecution and the disposition;

(xi) a complete financial statement showing all sources of 

income for the previous three years, and assets, 

liabilities, and net worth as of the date of the 

submission; and

(xii) the management contractor shall arrange with an 

appropriate federal, state or Tribal law enforcement 

authority to supply the Commission with a completed 

fingerprint form (form FD-258) which is supplied by the 

NIGC for each of the individuals identified in Section 

14.01.

14.01.2 The management contractor shall supply any further or additional 

information as may be required by the IGRA, NIGC regulations or the 

Compact.

14.01.3 The management contractor and any other person listed in Section 

14.01.1(A) shall be required to respond to such written or oral 

questions as the Commission may propound in accordance with its 

responsibilities under this section.
GUN LAKE TRIBAL GAMING ORDINANCE - 49

14.01.4 For purposes of this Ordinance, any reference to the management 

contract described in Section 14.01.1 shall be considered to include all 

collateral agreements to such contract that relate to the Gaming 

Operation.

14.02 Requirements for Approval. The Commission may approve any management 

contract entered into by the Tribe, Operation, or by the Authority only if the 

Commission determines that such contract provides at a minimum:

14.02.1 That all gaming covered by the contract will be conducted in 

accordance with the IGRA, NIGC regulations, the Compact and this 

Ordinance.

14.02.2 For the establishment and maintenance of satisfactory accounting 

systems and procedures that shall, at a minimum:

(A) include an adequate system of internal accounting controls;

(B) include the preparation of financial statements in accordance 

with generally accepted accounting principles.

14.02.3 For immediate access to the Gaming Operation, including its books and 

records, by appropriate Tribal officials who shall have a right to verify 

the daily gross revenues and income made from any gaming activity.

14.02.4 For verifiable financial reports that are prepared by or for the Tribal 

Council on a monthly basis.

14.02.5 For a minimum guaranteed payment to the Tribe that has preference 

over the retirement of development and construction costs.

14.02.6 For an agreed ceiling for repayment of development and construction 

costs.

14.02.7 For a contract term not to exceed five years, except that, upon the 

request of the Tribe, a contract term of not more than seven years may 

be approved where the capital investment required and the income 

projections for the gaming activity require the additional time.

14.02.8 For grounds and mechanisms for terminating such contract.

14.02.9 For preference to Native Americans in the hiring of employees for the 

licensed Gaming Operation.

14.02.10 For a fee based upon a percentage of the net revenues of a licensed 

Gaming Operation that is reasonable in light of surrounding 

circumstances. Such fee shall not exceed thirty (30%) of the net 

revenues except that a management fee of not more than forty percent 
GUN LAKE TRIBAL GAMING ORDINANCE - 50

(40%) of net revenues may be approved when requested by the Tribe 

only if the capital investment required and income projections for such 

gaming activity require the additional fee.

14.03 Contract Disapproval. The Commission shall not approve any management 

contract if it determines that:

14.03.1 Any person listed in Section 14.01.1(A):

(A) is an elected member of the Tribal Council; or

(B) has been or subsequently is convicted of any felony or gaming 

offense; or

(C) has knowingly and willfully provided materially important false 

statements or information to the Commission or Tribal officials 

or has refused to respond to questions propounded under 

Section 14.01.3; or

(D) has been determined to be a person whose prior activities, 

criminal record if any, or reputation, habits, and associations 

pose a threat to the public interest 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 thereto;

14.03.2 The management contractor has, or has attempted to, unduly interfere 

with or influence for its gain or advantage any decision or process of 

the Tribal Government relating to gaming activity; or

14.03.3 The management contractor has deliberately or substantially failed to 

comply with the terms of the management contract or the provisions of 

the IGRA, NIGC regulations, the Compact or this Ordinance.

14.04 Modifying or Voiding Contract.

14.04.1 The Commission, after notice and hearing, shall have the authority to

require appropriate contract modifications or may void any 

management contract if it subsequently determines that any of the 

provisions of this Ordinance have been violated.

14.04.2 If the Tribe elects to agree contractually to resolve disputes in a manner 

other than by revocation of a management contract, such contractual 

agreement shall supersede Section 14.04.1 so long as the agreement 

provides a reasonable avenue for the Tribe to insure a contractor’s 

compliance with all other aspects of this Ordinance.
GUN LAKE TRIBAL GAMING ORDINANCE - 51

14.05 Conveying Interest in Land. No management contract shall transfer or in any 

manner convey any interest in land or other real property, unless specific statutory 

authority exists and unless clearly specified in writing in the contract.

14.06 Fee for Costs of Investigation. The Commission shall require a potential 

contractor to pay a fee to cover the cost of investigation necessary to reach a 

determination required by this Title.

14.07 Approval by Tribal Council. The Commission shall approve no management 

contract unless first reviewed and approved by the Tribal Council through 

resolution.

14.08 Submission to NIGC. After the Commission has given its approval of a 

management contract, the Commission shall submit such contract to the NIGC for 

its approval. Any such contract shall not take effect until the NIGC has approved 

it.

14.09 Notice to State of Michigan. If the Tribe enters into a management contract for 

the operation of any class III gaming or component thereof, the State of Michigan 

shall be given written notice of such contract. 

Section 15. INTERNET WAGERING

15.01 Conditions for Acceptance of Internet Wagers. A licensed Gaming Facility may 

accept internet gaming account wagers only as follows:

15.01.1 The account wager is placed directly with the Gaming Facility by the 

holder of the wagering account and the Gaming Facility’s internet gaming 

platform has verified that:

(A) The account holder is physically present within the boundaries of the 

MBPI Reservation or other lands held in trust for the Tribe and the wager 

was:

(i) Initiated, received or otherwise made in compliance with federal 

law, including the Indian Gaming Regulatory act (25 U.S.C. 2701 

et seq.), the Interstate Horseracing act of 1978 (15 U.S.C. 3001 et 

seq), and the Gambling Devices Transportation Act (15 U.S.C. 

1171 et seq); and

(ii) If the wager was placed on any Class III game, that the wager was 

placed on a Class III game that is authorized under the Tribal-State 

Compact; or

(B) The account holder is physically present within the boundaries of the 

Reservation of another federally recognized Indian Tribe and the wager 

was:
GUN LAKE TRIBAL GAMING ORDINANCE - 52

(i) Authorized by an approved ordinance or resolution of the Tribe on 

whose reservation the account holder is physically located and, if 

the wager was placed on any Class III game, was:

(a) Placed on a Class III game that is authorized under the 

Tribal-State Compact in effect for such other Indian tribe 

with the State in which such Tribe’s Reservation is located; 

and

(b) Is placed in compliance with the requirements of any State 

law in such state which Authorizes the placement of 

internet wagers; and

(c) Is otherwise initiated, received or otherwise made in 

compliance with federal law, including the Indian Gaming 

Regulatory act (25 U.S.C. 2701 et seq.), the Interstate 

Horseracing act of 1978 (15 U.S.C. 3001 et seq), and the 

Gambling Devices Transportation Act (15 U.S.C. 1171 et 

seq); or

(C) The account holder is physically present within the State of Michigan 

outside of Indian Lands; and 

(i) the wager was placed in compliance with the requirements of 

either the Lawful Sports Betting Act for any internet sports betting 

wager or the Lawful Internet Gaming Act for any other internet 

wager, and any applicable regulations, which authorize and govern 

the placement of such internet wagers; and 

(ii) Is otherwise initiated, received or otherwise made in compliance 

with federal law; and

(iii) The wager is placed on a Class II game or a Class III game that is 

authorized under the Tribal-State Compact in effect; or

(D) The account holder is physically present within the boundaries of any 

other State; and 

(i) the wager was placed in compliance with the requirements of any 

reciprocal agreement with between the State of Michigan and such 

other State; and

(ii) Is otherwise Initiated or placed in compliance with the 

requirements of either the Lawful Sports Betting Act for any 

internet sports betting wager or the Lawful Internet Gaming Act 
GUN LAKE TRIBAL GAMING ORDINANCE - 53

for any other internet wager, and any applicable regulations, which 

authorize and govern the placement of such internet wagers; and

(iii) Is otherwise initiated, received or otherwise made in compliance 

with federal law, including the Indian Gaming Regulatory act (25 

U.S.C. 2701 et seq.), the Interstate Horseracing act of 1978 (15 

U.S.C. 3001 et seq), and the Gambling Devices Transportation Act 

(15 U.S.C. 1171 et seq); and

(iv) The wager is placed on a Class II game or on a Class III game that 

is authorized under the Tribal-State Compact in effect between the 

Tribe and the State of Michigan.

15.01.2 The account holder placing the wager has provided the Gaming Facility 

with the correct authentication information required under Section 15.02

to permit the Account holder to gain access to the wagering account; and

15.01.3 The Gaming Operation has verified that the account hold has not sought to 

place an account wager(s) in excess of the amount of funds on deposit in 

the wagering account of the holder placing the wager. Funds on deposit 

include amounts credited to the account holder’s account under applicable 

regulations and operation procedures of the Gaming Operation and in the 

account at the time the wager is placed.

Section 15.02 Technical standards for Internet Gaming Systems.

15.02.1 No software, computer or other gaming equipment shall be used to 

conduct Internet gaming unless it has been tested and approved by the 

Commission. The Commission shall refer testing to any nationallyrecognized testing laboratory with a plenary license as a casino service 

industry enterprise issued by the States of Michigan, Nevada or New 

Jersey. The Commission shall give priority to the testing of software, 

computers or other gaming equipment, which a Gaming Facility has 

certified it will use to conduct Internet gaming. The Commission shall, by 

regulation, establish such technical standards for approval of software, 

computers and other gaming equipment used to conduct Internet gaming, 

including mechanical, electrical or program reliability, security against 

tampering, the comprehensibility of wagering, and noise and light levels, 

as it may deem necessary to protect the player from fraud or deception and 

to insure the integrity of gaming. When appropriate or required by the 

Commission, the Gaming Facility shall set the denominations of Internet 

games and shall simultaneously notify the Commission of the settings.

15.02.2 No software, computer or other gaming equipment shall be used to 

conduct Internet gaming unless it is able to verify that a player placing a 

wager is physically present on the Reservation or in another approved 
GUN LAKE TRIBAL GAMING ORDINANCE - 54

jurisdiction from which internet wagers may be accepted as prescribed in 

Section 15.01. The Commission shall require that the software, computer 

hardware or other equipment used by the Gaming Facility to conduct 

Internet gaming is, in fact, verifying every player’s physical presence on 

the Reservation or any other approved jurisdiction each time a player logs 

onto a new playing session.

15.02.3 Software, computer or other gaming equipment used to conduct Internet 

gaming provide for the security and effective administration of such 

games, including but not limited to: 

(A) Notify players of the type, number, payout, wagering limits, and rules for 

each internet games; 

(B) Include procedures and controls for the creation and utilization, of Internet 

wagering accounts by players, which ensure that that such accounts shall 

be possessed only by a natural person who is not less than twenty-one (21) 

years of age, and not in the name of any beneficiary, custodian, joint trust, 

corporation, partnership or other organization or entity, and provided that 

such accounts shall not be assignable or otherwise transferable; 

(C) Include procedures for logging into Internet wagering accounts by which 

account holders authenticate their identity, agree to the terms, conditions 

and rules applicable to such games, and logging out, including procedures 

for automatically logging off persons from the Internet gaming site after a 

specified period of inactivity; 

(D) procedures for acquiring funds in an Internet wagering account by cash, 

transfer or other means, the withdrawal of such funds from such accounts, 

the suspension of Internet Gaming activity for security reasons, the 

termination of an account holder’s Internet wagering accounts and 

disposition of proceeds therein, and the disposition of unclaimed amounts 

in dormant Internet wagering accounts pursuant to Section 11.14;

(E) mechanisms by which the Commission, the Gaming Facility or Internet 

Account Wager holders may place limits on the amount of money being 

wagered per game or during any specified time period, or the amount of 

losses incurred during any specified time period; 

(F) mechanisms to exclude persons not eligible to participate in gaming, 

including internet gaming, from establishing or accessing his/her wagering 

account, or from placing wagers through an internet gaming wagering 

account by reason of inclusion on a list of self-excluded persons 

maintained by the Commission or the Michigan Gaming Control Board

pursuant to Section 7.18.4; and
GUN LAKE TRIBAL GAMING ORDINANCE - 55

(G) procedures for the security and reliability of Internet games and Internet 

wagering accounts, protection of the software, computers and other 

equipment used in connection with Internet Gaming, and mechanisms to 

prevent tampering or utilization by unauthorized persons. 

15.03 Responsible Gaming. The Gaming Facility shall require the gaming vendor 

providing its internet gaming platform to display, on the internet gaming platform used by the 

Gaming Facility, in a clear, conspicuous, and accessible manner evidence of the Gaming 

Facility’s internet gaming license(s) or permits authorizing the Gaming Facility to conduct 

internet gaming. The Gaming Facility shall require the gaming vendor providing its internet 

gaming platform to display, on the internet gaming platform used by the Gaming Facility, in a 

clear, conspicuous, and accessible manner the number of the toll-free compulsive gambling 

hotline maintained by the State of Michigan and offer responsible gambling services and 

technical controls to authorized participants, consisting of both temporary and permanent selfexclusion for all internet games offered and the ability for authorized participants to establish 

their own periodic deposit and internet wagering limits and maximum playing times.

Section 16. ENFORCEMENT.

16.01 Jurisdiction. Except as provided in this Ordinance and in any Compact, the 

Tribal Court and Commission shall have jurisdiction over all violations of this 

Ordinance.

16.02 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 remedies or criminal penalties specified herein:

16.02.1 Participating in any Gaming not authorized by this Ordinance.

16.02.2 Knowingly making a false statement in an application for a license with 

the Commission.

16.02.3 Knowingly making a false statement in connection with any contract to 

participate in any gaming.

16.02.4 Attempting to bribe any person participating in any gaming.

16.02.5 Offering or accepting a loan, financing or other thing of value between 

a Commission member or employee and any person participating in 

any gaming.

16.02.6 Promoting or participating in any illegal gaming.

16.02.7 Failing to keep sufficient books and records to substantiate receipts, 

disbursements and expenses incurred or paid from any gaming 

authorized pursuant to this Ordinance.

16.02.8 Falsifying any books or records that relate to any transaction connected 
GUN LAKE TRIBAL GAMING ORDINANCE - 56

with any gaming pursuant to this Ordinance.

16.02.9 Conducting or participating in any gaming 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.

16.02.10 To conduct gaming with or to allow participation in gaming by or with 

an intoxicated or disorderly Player.

16.02.11 To allow or participate in the sale of liquor at Gaming Facilities when 

such sale is prohibited by Tribal law.

16.02.12 To accept consideration other than money, personal checks or other 

approved consideration for the chance to play or participate in any 

gaming.

16.02.13 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.

16.02.14 To employ or possess any cheating device or to facilitate cheating in 

any gaming.

16.02.15 To willfully use any fraudulent scheme or technique to change the odds 

of any game of chance.

16.02.16 To solicit, directly or indirectly, or use inside information on the nature 

or status of any gaming for the benefit of an individual.

16.02.17 To tamper with a gaming device or attempt to 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.

16.02.18 To alter or counterfeit a gaming license.

16.02.19 To aid, abet, or conspire with another person knowingly or knowingly 

to cause any person to violate any provision of this Ordinance or any 

rules and regulations adopted hereunder.

16.02.20 To operate, use or make available to the public any illegal gaming 

device, apparatus, material, or equipment.

16.02.21 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.
GUN LAKE TRIBAL GAMING ORDINANCE - 57

16.02.22 To assist or allow a person who is under age to participate in a game of 

chance.

16.02.23 To possess any illegal narcotics or controlled substances in any 

licensed Gaming Facility.

16.02.24 To steal or attempt to steal funds or other items of value from any 

Gaming Operation or from the Commission.

16.02.25 To employ any person at a licensed Gaming Operation whom the 

operator knows has been convicted of a gaming crime or a crime of 

fraud.

16.02.26 To conspire with or induce any person to violate any of the provisions 

of this Ordinance or any tribal or federal law.

16.02.27 No Gaming Operation or any Gaming Operation employees or agents 

shall engage in any act, practice, or course of operation which could 

result in a fraud or deceit upon any person.

16.02.28 No Gaming Operation shall employ any person who has been convicted 

of or entered a plea of nolo contendere to a criminal offense committed 

in Michigan or any other jurisdiction, involving theft, fraud, or 

misrepresentation, which would be a felony if committed in Michigan, 

and which was committed as an adult or prosecuted as an adult offense, 

and which has not been effectively removed from the person’s criminal 

record by executive pardon, state court order, or operation of law; or to 

a gaming crime.

16.03 Criminal Violation. Any Person 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 Commission, shall be guilty of a crime and may be required to pay 

a fine not to exceed $5,000 or be incarcerated for a period not to exceed 1 year. 

Each day during which any such violation or failure to comply continues shall 

constitute a separate violation of this Ordinance. Criminal violations of this 

Ordinance may only be determined by the MBPI Tribal Court.

16.04 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 Commission, shall be liable for a civil fine not to exceed $5,000 for each 

violation thereof. Each day during which any such violation or failure to 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. Civil 

violations of this Ordinance may only be determined by the MBPI Tribal Court.

16.05 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 other fine, or judgment, penalty, forfeiture or damages, nor bar 
GUN LAKE TRIBAL GAMING ORDINANCE - 58

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.

16.06 Purpose of Civil Fines. The civil fines imposed under this Ordinance are 

intended to be remedial and not punitive and are designed to compensate the 

Tribe for the damage done to the peace, security, economy and general welfare of 

the Tribe and the Tribe’s Indian Lands 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 Commission regulations. The civil fines are not to punish such 

people for violation of such laws and regulations.

16.07 Civil Action for Fines. In enforcing the civil infraction provisions of this 

Ordinance, the Commission 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 Commission 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.

Section 17. INTERPRETATION.

17.01 The provisions of this Ordinance, being necessary for Tribe and its members, 

shall be liberally construed purposes and objectives thereof.

Section 18. DESIGNATED AGENT FOR SERVICE OF PROCESS. The designated 

agent for service of process is as follows:

MBPI Tribal Chairperson

2872 Mission Drive

Shelbyville, MI 49344

269-397-1780 - Phone

296-397-1781 - Fax

With copies to:

GLTGA General Counsel

1123 129th Avenue

Wayland, MI 49348

269-792-7742 - Phone

269-792-7744 - Fax

Gun Lake Tribal Gaming Commission Chairperson

1123 129th Avenue

Wayland, MI 49348

269-792-1750 - Phone
GUN LAKE TRIBAL GAMING ORDINANCE - 59

269-792-1448 - Fax