I SEP 1 3 2036 

Dear Reside& Lad@: 

This lettw refponds to your wquwt to tlic Nationd Indian Ghg Commjssion WIOC) ttn 

review and approve the Kewemw Bay ~dian C3omnudtl)r's (Tribe) Amended Gaming 

W*ce, which wae received on August 28,2006. The Tribe aduptad ih~ ame~~W~!~)ts to the 

odnanae on Aupt 24,2006. The Amaded Gaming Ckdia~s1ce cures deficiencies in the 

Tribe's June 15,2006 fi~bmimiw. This letter cmstitutea approval dm thet hdim Gaming 

Rawlatory Aot (IGRA). Such approval does not cmtitute approval of specific gmes, It ia 

h~o*ant to note that the gaming ordinance in approved for gaming only on Indian lands, m 

d~fIned h the IQRA. 

ded Gaming &Pdinaulce for review and approval. Thw MTGC 

g with you and the Wbe in hnplementing the IGRA. If yo^ 

wssiratance, please contact Maria Oetaff at 202-632-7003. 

t 

cc: Jm R Baker, Tribal Altomy 

John Bueaay, Exeautive Director 

REQW OPFIC%# hhnd. OR; Smento, U; Fhoenhr, At St. Paul MN: lltlla. OK I 
ORDINANCE 2006 - 2 1~06 

b~. 

Introduced by Councilperson Warren C. Swartz, JR. 

PURPOSE: TO AMEND AND RESTATE ORDINANCE 2006 - 1 (TITLE 18 CHAPTER B) 

AND TO PROVIDE A COMPLETE SUBSTITUTE 

TITLE 18 

CHAPTER B 

GAMING REGULATORY ORDINANCE 

An ordinance of the Keweenaw Bay Indian Community adopted under the authority of the 

Constitution and By-Laws of the Keweenaw Bay Indian Community for the purpose of 

authorizing Class I, Class I1 and Class I11 Gaming and for the purpose of licensing and regulating 

Class I1 and Class I11 Gaming Establishments. 

Table of Contents 

Table of Contents 

Section One 

Authority 

5 18B. 101. Gaming Authorized 

Section Two 

Definitions 

s18B.201. Definitions 

Section Three 

Gaming Establishment Licenses 

5 18B.301. Applicability 

5 18B.302. License Required 

5 18B.303. Application Procedure 

Page 1 of 36 
$ 1 8B.304. Term of License 

$ 1 8B.305. License Renewal 

$ 1 8B.306. Annual Reports 

$ 1 8B.307. Record Keeping Requirements 

$1 8B.308. Suspension or Revocation of Gaming Establishment License 

Section Four 

Tribal Gaming Management 

$ 18B.401. Management Contracts 12 

Section Five 

Gaming Employee Licenses 

s18B.501. License Required 

$ 1 8B.502. Existing Gaming Employee Licenses 

$ 18B.503. Application Procedure 

$1 8B.504. Application Fee 

$ 18B.505. Provisional Gaming Employee License 

18B.506. Term of License 

$ 18B.507. License Renewal 

$1 8B.508. Contents and Scope of License 

$ 1 8B.509. Fingerprints 

$ 18B.5 10. Background Investigations 

€j 18B.5 1 1. Notification of Application to NIGC 

$ 18B.5 12. Eligibility Determination 

8 18B.5 13. Report to NIGC 

918B.514. Grant or Denial of Gaming Employee License 

8 18B.5 15. Record Keeping Requirements 

$ 18B.5 16. Suspension or Revocation of Gaming Employee License 

s18B.5 17. Procedure for Suspension or Revocation of Gaming Employee 

License 

Section Six 

Gaming Vendor Licenses 

§ 18B.601. Gaming Vendor Licenses 

$1 8B.602. Application for Gaming Vendor License 

$ 18B.603. Contents of Gaming Vendor License Application 

$ 18B.604. Background Investigation 

$ 18B.605. Investigative Report 

$ 18B.606. Application Fee 

$1 8B.607 Recognized Licensing Authorities and Adherence to Technical Equipment 

Standards 

s18B.608. Action by Gaming Commission 
5 18B.609. Duration and Renewal of Gaming Vendor License 

5 18B.610. Suspension or Revocation of Gaming Vendor License 

518B.6 1 1. Procedure for Suspension or Revocation of Gaming Vendor 

License 

Section Seven 

Patrons 

5 18B.701. Patron Dispute Resolution 

Section Eight 

Miscellaneous 

$ 18B.801. Provisions of General Applicability to all Operators 

$1 8B.802. Use of Gaming Proceeds 

518B.803. Audit 

4 18B.804. Environment and Public Health and Safety 

5 18B.805. Notices 

$ 18B.806. Proprietary Interest in Gaming Operation 

Section Nine 

Enforcement 

5 18B.901. Unlawful Acts 

5 18B.902. Civil Fines 

5 18B.903. Seizure, Confiscation, Destruction, or Forfeiture of Property 

5 18B.904 Repealing of Prior Ordinances, Resolutions and Motions 

5 18B.905. Effective Date 
SECTION ONE 

AUTHORITY 

5 1 8B. 10 1. Gaming Authorized. 

Class I, Class I1 and Class I11 Gaming are hereby authorized subject to the provisions of this 

Ordinance. 

SECTION TWO 

DEFINITIONS 

$1 8B.201. Definitions. 

As used in this Ordinance, the following words and phrases shall have the following meanings: 

1. "Any Thing Of Value" means any money or property, favor, gratuity, discount, service, 

payment, advance, forbearance, loan, gift, or promise of future employment. It includes services 

as well as gifts of transportation, travel, meals, and lodging, whether provided in-kind or as 

reimbursement after the expense has been incurred. It does not include anything paid for by a 

local, state, or the federal government or anything for which fair market value is paid by the 

recipient. 

2. ''W means the Code of Federal Regulations. 

3. "Cheating" or "Cheats" means an individual's operating or playing in any Game in a manner 

in violation of the written or commonly understood rules of the Game, with the intent to create 

for the individual or someone In Privity With the individual an advantage over and above the 

chance of the Game. 

4. "Class I Gaming" means: 

(A) Social Gaming solely for prizes of minimal value or traditional forms of Indian Gaming 

engaged in by individuals as a part of, or in connection with, Tribal ceremonies or celebrations. 

(B) Raffles shall be considered Class I Gaming if both of the following requirements are met: 
(a) the Person conducting the raffle is sponsoring a single event and there is no presale of tickets 

before the event; and 

(b) the total aggregate retail value of the prize or prizes to be awarded at the raffle on that day is 

$100 or less. 

(C) If either of the requirements listed in this subsection 18B.201(4) is not met, raffles shall be 

considered Class I1 Gaming. 

5. "Class I1 Gaming" means: 

(A) The Game of Chance commonly known as bingo (whether or not electronic, computer, or 

other technologic aids are used in connection therewith): 

(a) which is played for prizes, including monetary prizes, with cards bearing numbers or other 

designations, 

(b) in which the holder of the card covers such numbers or designations, when objects, similarly 

numbered or designated, are drawn or electronically determined, and 

(c) in which the Game is won by the first person covering a previously designated arrangement 

of numbers or designations on such cards, including (if played in the same location) pull-tabs, 

lotto, punchboards, tip jars, instant bingo, and other games similar to bingo. 

(B) Card Games that are: 

(a) explicitly authorized by the laws of the State of Michigan, or 

(b) not explicitly prohibited by the laws of the State of Michigan and are played at any location 

in the State of Michigan 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; and 

(C) all card Games operated by the Community prior to May 1, 1988. 

(D) The term "Class I1 Gaming" does not include: 

(a) any banking card Games, including baccarat, chemin de fer, or blackjack (21), or 

6. ''Class' means all forms of Gaming that are not Class I Gaming or Class I1 

Gaming. 

7. "Commissioner" means a Tribal Gaming Commissioner. 

8. "Community" means the Keweenaw Bay Indian Community. 
9. "Contested Cases" means a proceeding before the Gaming Commission in which an 

opportunity for a hearing before the Gaming Commission is required by Tribal law. Contested 

Cases shall also include all cases where a license issued by the Commission is revoked, 

suspended or modified, or in which the granting of an application is protested by a person having 

the right to contest such matter under the law. 

10. "Executive Director" means the Executive Director of the Gaming Commission. 

1 1. "Game" or "Game of Chance" means any Game or activity which falls within the definition 

of "Gaming" or "Gaming Activity". 

12. "Gaming" or "Gaming Activity" means any activity, operation or Game of Chance in which 

any valuable consideration may be wagered upon the outcome determined by chance, skill, 

speed, strength or endurance, and in which any valuable prize is awarded to the Player so 

wagering. 

13. "Gaming Apparatus" or "Gaming Equipment" means the objects and mechanical or 

electromechanical devices used to determine or assist in determining the winners of prizes in 

Gaming Activities. 

14. "Gaming Commission" means the Gaming Commission of the Keweenaw Bay Indian 

Community. 

15. "Gaming Establishment" means any location or structure where Gaming is conducted in 

accordance with this Ordinance. 

16. "Gaming Establishment License" means any license issued by the Gaming Commission 

under Section Three of this Ordinance. 

17. "Gaming Laws" means laws and regulations providing for the licensing and regulation of 

Gaming Establishments. 

18. "Gaming Management" means the management of Gaming Establishments. 

19. "Gaming Vendors" means vendors of Gaming Equipment or services, including cash-related 

services, to a Gaming Establishment or Operator with a value of $5,000 or more annually. 

20. "Gross Gaming Revenues" means all money collected or received from lawful Gaming 

Activity. 

2 1. "Hearing Procedures For Contested Cases" means hearing procedures adopted by the 

Gaming Commission for Contested Cases. 
22. "IGRA" or "Indian Gaming Regulatory Act" means Public Law 100-497, 102 Stat. 2426,25 

U.S.C. 2701, et seq. (1988), as amended. 

23. "Immediate Family Member" means, with respect to a person, the father, mother, sibling, 

spouse or children of the person. 

24. "In Privity With" means a relationship involving a person who acts jointly with another 

person, or as an accessory before the fact, to commit an act or as a co-conspirator with the other 

person to commit the act. 

25. "Investigative Report" means the Investigative Report created pursuant to Subsection 

18B.510 (C) of this Ordinance. 

26. ''W means the United States Internal Revenue Service. 

27. "Key Employee" means: 

(A) 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; 

(f) Pit boss; 

(g) Dealer; 

(h) Croupier; 

(i) Approver of credit; or 

Cj) Custodian of gambling devices including persons with access to cash and accounting 

records within such devices; 

(B) If not otherwise included, any other person whose total cash compensation is in excess of 

fifty thousand dollars ($50,000) per year; or 

(C) If not otherwise included, the four most highly compensated persons in the Gaming 

Establishment. 

28. "Management Contract" means any contract, subcontract or agreement between the 

Community and a contractor or between a contractor and a subcontractor if such contract or 

agreement provides for the management of all or part of a Gaming Establishment. 
29. "MICS" means the Minimum Internal Control Standards adopted by the NIGC from time to 

time. 

30. "National Crime Information Center" means an FBI nationwide information system which, 

among other things, stores and searches right index fingerprints. 

3 1. "Net Proceeds" means gross gaming revenues less: 

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

(B) Total Gaming related operating expenses, excluding management fees. 

32. "NIGC" or "National Indian Gaming Commission" means the National Indian Gaming 

Commission established by the Indian Gaming Regulatory Act. 

33. "Operator" in capitalized form, means a Person which has obtained a Gaming Establishment 

License under this Ordinance. 

34. "Ordinance" means the Gaming Regulatory Ordinance of the Keweenaw Bay Indian 

Community. 

35. "Participate" or "Participation" or "Participating" in any Gaming Activity means operating, 

directing, financing or in any way assisting in the establishment of or operation of any class of 

Gaming on any site at which such Gaming is being conducted, directly or indirectly, pursuant to 

this Ordinance, whether at the site in person or off the site. 

36. "Person" means any individual, legal or quasi-legal entity and any governmental entity, 

including any subsidiary or affiliated entity of any of the foregoing; provided, however, that the 

term does not include the federal government and any agency thereof. 

37. "Plaver" means a Person participating in a Game of Chance with the hope of winning money 

or other benefits, but does not include an Operator, or any assistant of an Operator. 

3 8. "Primary Management Official" means: 

(A) The person having management responsibility under the provisions of a Management 

Contract; 

(B) Any person who has authority: 

(a) To hire and fire employees; 

(b) To set up an operating policy for the Gaming Establishment; or 

(c) For financial management. 

39."Secretary" means the Secretary of the Department of the Interior. 
40. "w' means the State of Michigan. 

41. "TICS" means the Tribal Internal Control Standards adopted by the Gaming Commission, as 

amended from time to time. 

42. "Tribal" or "Triballv" means relating to the Community. 

43. "Tribal Court" means the Tribal Court of the Community. 

44. "TribalIState Compact" means any Gaming Compact between the Community and the State 

of Michigan authorized by the Indian Gaming Regulatory Act, as amended from time to time. 

45. "WICS" means Written Internal Control Standards developed by the Gaming Establishment 

and approved by the Gaming Commission, as amended from time to time. 

SECTION THREE 

GAMING ESTABLISHMENT LICENSES 

$1 8B.301. Applicability. 

The application for a Gaming Establishment License, the operation of a Gaming Establishment, 

the conduct of Gaming, the employment by a Gaming Establishment, and the participation by 

patrons in Gaming at a Gaming Establishment shall be deemed a consent by all such Persons to 

the jurisdiction of the Gaming Commission and the Tribal Court in all matters arising from the 

conduct of such Gaming and all matters arising under any of the provisions of this Ordinance or 

other Tribal laws. 

$18B.302. License Required. 

Separate Gaming Establishment Licenses shall be issued by the Gaming Commission for each 

Gaming Establishment where Class I1 Gaming and/or Class I11 Gaming are conducted. 

8 18B.303. Application Procedure. 

A) Except as provided for in $ 18B.303(B), an applicant for a Gaming Establishment License 

shall file with the Gaming Commission an application for a Class I1 and/or Class I11 Gaming 

Establishment License, whichever is appropriate, which shall identify the name of the proposed 

Gaming Establishment, its location, a legal description of the lands whereon the proposed 
Gaming Establishment will be located and all other information that is required by this 

Ordinance to be included in the application. If the Operator is a legal entity, the Operator shall 

furnish a copy of its Articles of Incorporation or other basic instrument, and any amendment 

thereto, to the Gaming Commission. The Gaming Commission shall specify the form, conditions 

and content for the application for such licenses. 

(B) The Gaming Establishments listed in this paragraph shall not be required to file an 

application for a Gaming License under this Ordinance. These Gaming Establishments are: 

(1) The Ojibwa Casino Resort, 797 Michigan Avenue (Hwy. M-38), Baraga, Baraga County, MI, 

which includes the Big Bucks Bingo facility. 

(2) The Ojibwa 11, 105 Acre Trail, Marquette, Marquette County, MI. 

(C) The Gaming Commission shall only issue such Gaming Establishment Licenses if the 

applications therefore include the information and certifications required by this section and such 

further conditions as the Gaming Commission shall have specified. 

(D) The Gaming Commission may take such additional actions as may be necessary to insure the 

integrity and compliance of a Gaming Establishment with the requirements of this Ordinance. 

9 18B.304. Term of License. 

(A) The Gaming Establishment Licenses listed in this subsection 18B.304 which were granted 

pursuant to previous laws of the Community shall be valid until revoked or suspended by the 

Gaming Commission. These Gaming Establishments Licenses are: 

(1) Class I1 and Class I11 Gaming Establishment Licenses for the Ojibwa Casino Resort, 797 

Michigan Avenue (Hwy. M-38), Baraga, Baraga County, MI, which includes the Big Bucks 

Bingo facility; 

(2) Class I1 and Class I11 Gaming Establishment Licenses for the Ojibwa 11, 105 Acre Trail, 

Marquette, Marquette County, MI; 

(B) All other Gaming Establishment Licenses shall be valid for a period of 1 year from the date 

of issuance. 

5 18B.305. License Renewal. 

(A) Each annual Gaming Establishment License must be renewed prior to its expiration. In order 
to obtain a renewed license, the Operator shall submit a written renewal application to the 

Gaming Commission at least 90 days prior to the expiration on a form provided by the Gaming 

Commission. 

(B) Each application for renewal of a Gaming Establishment License shall identify any changes 

or additions to said legal description. 

tj 18B.306. Annual Reports. 

(A) Each Operator who possesses a Gaming Establishment License must file an annual report 

with the Gaming Commission for the year ended September 30, which report shall be filed with 

the Gaming Commission on or before January 15 of the following year. The report shall be filed 

on the annual report form provided by the Gaming Commission and shall include, at a minimum, 

the following information: 

(1) Financial statements, audit reports and other documents specified by the Gaming 

Commission and prepared by an independent certified public accountant. 

(2) The names and addresses of the persons who are current Primary Management Officials or 

Key Employees and a statement of any changes in the Primary Management Officials or Key 

Employees. 

(3) Written proof that the Operator has paid to the NIGC such fees as Tribal and Federal law 

may require. 

(4) A sworn statement that the Operator has complied with all requirements of the Internal 

Revenue Code with respect to the Gaming Establishment operated by the Operator. 

tj 18B.307. Record Keeping Requirements. 

Each Operator of a Gaming Establishment shall maintain and keep for not less than three years 

books of accounts and records of the Gaming Establishment relating to the certified annual audits 

that are filed with the Gaming Commission, including books of accounts and records that 

establish the gross and net income, deductions, expenses, receipts and disbursements of the 

Gaming Establishment for those years. 
fj 18B.308. Suspension or Revocation of Gaming Establishment License. 

(A) If the Gaming Commission determines that the immediate suspension of a Gaming 

Establishment License is necessary to protect the interests of the Community, the Gaming 

Commission may immediately suspend the Gaming Establishment License on a temporary basis 

and the issue of permanent revocation shall be determined by a formal hearing before the 

Gaming Commission conducted pursuant to the Hearing Procedures for Contested Cases. 

(B) In either case of temporary suspension or permanent revocation, the licensee shall 

immediately cease and desist operating the Gaming Establishment. 

SECTION FOUR 

TRIBAL GAMING MANAGEMENT 

fj 18B.401. Management Contracts. 

Unless authorized by law, the Community shall not enter into a Management Contract which 

may provide for, among other matters, the management of the operation of the Community's 

Gaming Establishment(s) by a Person who is not an employee of the Community. 

SECTION FIVE 

GAMING EMPLOYEE LICENSES 

s18B.501. License Required. 

(A) Each Primary Management Official and Key Employee of a Class I1 or Class I11 Gaming 

Establishment shall possess a current and valid Gaming Employee License. 

(B) The application for a Gaming Employee License shall be deemed a consent to the 

jurisdiction of the Commission and the Tribal Court in all matters arising from such license and 

employment and all matters arising under any provisions of this Ordinance or other applicable 

Tribal or federal law. 
5 18B.502. Existing Gaming Employee Licenses. 

All Gaming Licenses issued to Primary Management Officials and Key Employees, under 

previously existing laws of the Community, who are employed by a Gaming Establishment on 

the date of the adoption of this Ordinance shall continue in full force and effect until September 

30 of the year in which this Ordinance is adopted. 

tj 18B.503. Application Procedure. 

(A) Applications for new Gaming Employee Licenses shall be submitted to the Gaming 

Commission on a form approved by the Gaming Commission in such manner as the Gaming 

Commission may require. At a minimum, the application shall contain the following 

information: 

(1) The applicant's full name (including aliases), current home and work addresses and telephone 

numbers, Social Security Number, place and date of birth, citizenship, as well as the address of 

the applicant's personal residences over the past five years. Each application shall be 

accompanied by a photograph of the applicant taken within the last year. 

(2) The title and job description the applicant is applying for. 

(3) Currently and for the previous five years: business and employment positions held, 

ownership interests in those businesses, business and residence addresses, and valid picture 

identification cards. 

(4) A description of any existing and previous business relationships with Indian tribes, including 

ownership interests in those businesses. 

(5) A description of any existing and previous business relationships with the Gaming industry 

generally, including ownership interests in those businesses. 

(6) 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. 

(7) 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. 
(8) For each felony for which there was an arrest, an ongoing prosecution or a conviction, the 

charge, the name and address of the court involved, and the date and disposition, if any. 

(9) For each misdemeanor for which there was an arrest, an ongoing prosecution or a conviction 

within ten years of the date of the application, the name and address of the court involved and the 

date of disposition. 

(1 0) For each criminal charge, whether or not there is a conviction, if such criminal charge is 

within ten years of the date of the application and is not otherwise listed pursuant to 

subparagraphs (8) and (9) above, the criminal charge, the name and address of the court involved 

and the date of disposition. 

(1 1) The names and current addresses and telephone numbers of at least three personal 

references. The references must not be related to the applicant and must not be residing at the 

applicant's address(es). 

(12) A description of any previous employment relationship with an Indian tribe, including the 

position held, name of the Indian tribe and name, address and telephone number of a person who 

can attest to the accuracy of the information provided. 

(1 3) Written permission giving the Gaming Commission or its designee the right to investigate 

the applicant's background, including his criminal record, civil and criminal judgments, and 

credit history. 

(14) A complete disclosure of any past, pending or anticipated civil action or suit, involving 

collection for fraud, misrepresentation or embezzlement, against the applicant, including the 

name, address and telephone number of the court involved. 

(1 5) Any other information that the Gaming Commission shall require by regulation. 

(B) As part of the applications procedure, the Gaming Commission or its designee shall conduct 

a personal interview with the applicant to verify that the information contained in the application 

is complete. 

(C) Each application shall be accompanied by a sworn statement that if the license will be issued, 

the applicant will submit to the jurisdiction of the Commission and the Tribal Court, and the 

applicant will abide by all applicable Tribal and Federal laws, regulations and policies. 

(D) The following notices shall be placed on the application form by the Gaming Commission: 
(1) "In compliance with the Privacy Act of 1974, the following information is provided. 

Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. The 

purpose of the requested information is to determine the eligibility of individuals to be 

employed in a Gaming Establishment. The information will be used by the Community 

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

information in the performance of their official duties. The information may be disclosed 

to appropriate Federal, Tribal, State, local, or foreign law enforcement and regulatory 

agencies when relevant to civil, criminal or regulatory investigations or prosecutions or 

when necessary pursuant to a requirement by a tribe or the National Indian Gaming 

Commission in connection with the hiring or firing of an employee, the issuance or 

revocation of a Gaming Employee License, or investigation of activities while associated 

with a tribe or a Gaming Establishment. Failure to consent to the disclosures indicated in 

this notice will result in the Community being unable to hire you in a Primary 

Management Official or Key Employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to 

supply a SSN may result in errors in processing your application." 

(2) "A false statement on any part of your application may be grounds for not hiring you, 

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

imprisonment." 

(E) The Gaming Commission shall notify existing Primary Management Officials and Key 

Employees who have not completed an application containing the notices set forth in paragraph 

(D) above, that they must file with the Gaming Commission, within fifteen days after the date of 

the notice from the Gaming Commission, a statement, signed by the Primary Management 

Officials or Key Employees, that contains the notices and consent required in Section (D). 
8 18B.504. Application Fee. 

The Community may charge a license fee, to be established by the Gaming Commission to cover 

the Gaming Commission's expenses in investigating and licensing Primary Management 

Officials and Key Employees. 

5 18B.505. Provisional Gaming Employee License 

If a preliminary review of the application and the fingerprint check show no criminal history of 

the applicant, then the Gaming Commission may issue a provisional Gaming Employee License 

to the applicant for a period not to exceed 90 days. The provisional Gaming Employee License 

authorizes the applicant to perform the employment duties for which the license is sought, 

pending the Gaming Commission's action on the applicant's license application. 

$1 8B.506. Term of License. 

A Gaming Employee License issued pursuant to this Section shall be effective until September 

3oth of the year in which the license is issued. If the Gaming Employee License is issued after 

June 30' in any year, the license shall remain effective until September 3oth of the year following 

the year in which it was issued. 

fj 18B.507. License Renewal. 

A holder of a Gaming Employee License shall apply to the Gaming Commission for a renewal of 

the Gaming Employee License at least ninety days prior to the expiration of the employee's 

existing Gaming Employee License by filing with the Gaming Commission a renewal 

application, updating all information contained in the original application. 

g18B.508. Contents and Scope of License. 

The Gaming Employee License shall state on its face the name of the employee, the location at 

which the employee is licensed to work, the license number, the employee's job title, the date on 

which the license became effective and the date on which the license expires. A Gaming 

Employee License issued pursuant to this Section shall be effective only for the person to whom 

it is issued and only with respect to the Gaming Establishment specified in the license. Any such 
license may be transferred to a new Gaming Establishment only upon prior approval by the 

Gaming Commission upon the written request of the licensee identifying the proposed new 

Gaming Establishment. 

5 1SB.509. Fingerprints. 

Each applicant for a Primary Management Official or Key Employee position shall be required 

to have fingerprints taken as part of the license application procedure. Fingerprints shall be taken 

by the Gaming Commission and shall then be forwarded by the Gaming Commission to the 

NIGC for processing through the FBI and National Crime Information Center to determine the 

applicant's criminal history, if any. 

5 18B.510. Background Investigations. 

(A) The Gaming Commission is responsible for conducting background investigations 

and eligibility determinations concerning the issuance of Gaming Employee Licenses to 

applicants. 

(B) The Gaming Commission shall conduct a background investigation on each applicant to 

enable the Gaming Commission to make an eligibility determination for the issuance of a 

Gaming Employee License. The background investigation shall include: 

(1) Verifying the information provided by the applicant in the application form. 

(2) Contacting each personal and business reference provided in the application. 

(3) Obtaining a personal credit check and conduct a civil court history check. 

(4) Conducting a criminal history check via the submission of the applicant's fingerprints to the 

NIGC pursuant to subsection 1 SB.509. 

(5) Inquiring into any previous or existing business relationships of the applicant with the 

Gaming industry and Indian tribes by contacting the entities or tribes. 

(6) Verifying the applicant's history and status with any licensing agency by contacting the 

agency. 

(7) Taking other appropriate steps to verify the accuracy of information provided, focusing on 

problem areas noted. 

(C) In connection with the background investigation, an Investigative Report shall be created that 
shall include all of the following: 

(1) Steps taken in conducting a background investigation 

(2) Results obtained 

(3) Conclusions reached 

(4) The bases of those conclusions 

(D) The Gaming Commission may require asset and liability disclosure by the applicant when it 

deems that information necessary to adequately protect the Gaming Establishment and determine 

the suitability of a particular individual for employment or continued employment. 

(E) The Gaming Commission and its staff shall keep confidential the identity of each person 

interviewed in the course of the investigation, other than disclosure as required under Federal or 

Tribal law or pursuant to the TribalIState Compact. 

4 18B.5 1 1. Notification of Application to NIGC. 

When an individual applies for a Gaming Employee License, the Gaming Commission shall 

forward to the NIGC a completed application for the Gaming Employee License, conduct a 

background investigation provided for in tj 18B.5 10 and make the determination referred to in 

G18B.512. 

g18B.5 12. Eligibility Determination. 

The Gaming Commission shall review the applicant's prior activities, criminal record, if any, and 

reputation, character, habits and associations to make a finding concerning the eligibility of the 

applicant for a Gaming Employee License. If the Gaming Commission determines that 

employment of the applicant in a licensed position with a Gaming Establishment shall not pose a 

threat to the public interest or to the effective regulation of Gaming, or shall not create or 

enhance dangers of unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of Gaming, the Gaming Commission shall determine if the applicant is eligible for 

employment as a Primary Management Official or Key Employee with the Gaming 

Establishment. 
818B.513. Report to NIGC. 

After the background investigation has been completed and after the Gaming Commission has 

made an eligibility determination pursuant to $ 18B.5 12, the Gaming Commission shall forward 

the Investigative Report together with the eligibility determination to the NIGC within 60 days 

after the applicant begins work at the Gaming Establishment, unless the NIGC shall have advised 

the Gaming Commission that the submission of any or either of these reports is not necessary. 

5 18B.5 14. Grant or Denial of Gaming Employee License. 

(A) If, within a 30-day period after the NIGC receives the Investigative Report, the NIGC 

notifies the Gaming Commission that it has no objection to the issuance of a Gaming Employee 

License pursuant to a Gaming Employee License application filed by a Primary Management 

Official or Key Employee for whom the Gaming Commission has provided an application and 

Investigative Report to the NIGC, the Gaming Commission may issue a Gaming Employee 

License to the applicant. 

(B) The Gaming Commission shall respond to a request for additional information from the 

Chairman of the NIGC concerning a Primary Management Official or Key Employee who is the 

subject of an Investigative Report. Such a request shall suspend the 30-day period under 

§ 18B.5 14(A) until the Chairman of the NIGC receives the additional information. 

(C) If, within the 30-day period described in $1 8B.514(A) above, the NIGC provides the Gaming 

Commission with a statement itemizing objections to the issuance of a Gaming Employee 

License for whom the Gaming Commission has provided an application and Investigative Report 

to the NIGC, the Gaming Commission shall reconsider the application, taking into account the 

objections itemized by the NIGC. The Gaming Commission shall make the final decision 

whether to issue a Gaming Employee License to such applicant. 

(D) If a Gaming Employee License is denied by the Gaming Commission, the Gaming 

Commission shall notifj the NIGC of the denial and shall forward a copy of the Eligibility 

Determination to the NIGC for inclusion in the Indian Gaming Individuals Records System. 
§ 18B.5 15. Record Keeping Requirements. 

With respect to Primary Management Officials and Key Employees, the Gaming Commission 

shall retain applications for employment and reports of background investigations for three years 

from the date of termination of employment of the Primary Management Official or Key 

Employee. 

9 18B.5 16. Suspension or Revocation of Gaming Employee License. 

(A) If the Gaming Commission determines that the immediate suspension of a Gaming 

Employee License is necessary for the reasons listed in paragraph (B) below, the Gaming 

Commission may immediately suspend the Gaming Employee License on a temporary basis and 

the issue of permanent revocation may be determined by a formal hearing before the Gaming 

Commission. 

(B) Any Gaming Employee License may be immediately suspended and subsequently revoked 

by the Gaming Commission, in its discretion, if any of the following has occurred: 

(1) The licensee has violated any provision of the Gaming Laws, including, but not limited to, 

the MICS the TICS, or the WICS. 

(2) The licensee's continued employment as a Primary Management Official or Key 

Employee at the Gaming Establishment poses a threat to the general public. 

(3) The licensee has made a material false statement in hisher application. 

(4) The licensee has failed to comply with any lawful order, inquiry or directive of the Gaming 

Commission or the Tribal Court. 

(5) The licensee has failed to provide the Gaming Commission with any change in status with 

regards to the information originally submitted in the employee's application. 

(6) The licensee has failed to immediately notify the Operator and the Gaming Commission of 

any criminal charges that have been filed against the licensee after the Gaming Employee 

License has been issued by the Gaming Commission. 

(7) The Gaming Commission has received notification from the NIGC indicating that reliable 

information exists that a licensee is not eligible for a Gaming Employee License. 

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

that may result in a bar to obtaining a Gaming Employee License, including, but not limited to, a 
crime involving Gaming, fraud, theft, embezzlement or the sale or possession of illegal narcotics 

or controlled substances. 

(9) The Gaming Commission finds that after issuance of a Gaming Employee License the 

licensee develops a reputation, character, habits and associations, including any activity 

considered unlawful under 5 18B.901, that pose a threat to the public interest or to the effective 

regulation of Gaming or creates or enhances dangers of unsuitable, unfair, or illegal practices, 

methods and activities in the conduct of Gaming. 

tj 18B.5 17. Procedure for Suspension or Revocation of Gaming Employee License. 

(A) If the Gaming Commission suspends a Gaming Employee License pursuant to 5 18B.5 16 

above, the Gaming Commission shall send a Notice of Suspension to the licensee. The notice 

shall state the reasons for which the suspension is issued. 

(B) If a Notice of Revocation has been issued, the Notice of Revocation may state the time and 

place for a hearing before the Gaming Commission and that the licensee shall have an 

opportunity to present testimony and cross-examine opposing witnesses at that hearing, and to 

present any other evidence as to why a revocation order should not be issued by the Gaming 

Commission. 

(C) After a Notice of Suspension or a Notice of Revocation has been issued, the Gaming 

Commission shall revoke or reinstate the Gaming Employee License. The licensee and the 

Gaming Establishment shall be notified of the decision of the Gaming Commission. 

(D) When the Gaming Commission suspends or revokes a Gaming Employee License pursuant 

to this Ordinance, the licensee shall immediately cease and desist from performing work for any 

Gaming Establishment or Operator. 

SECTION SIX 

GAMING VENDOR LICENSES 

8 18B.60 1. Gaming Vendor Licenses. 
Gaming Vendors must have a current and valid Gaming Vendor license issued by the Gaming 

Commission in order to transact business with the Gaming Establishment. The Gaming 

Commission shall maintain a register of the Gaming Vendors. 

8 18B.602. Application for Gaming Vendor License. 

(A) Any person seeking a Gaming Vendor license shall submit an application to the Gaming 

Commission on such form and in such manner as the Gaming Commission may require. 

(B) The Gaming Commission shall conduct a background investigation of the applicant for a 

Gaming Vendor License and its principals. 

(C) Principals of a business include its officers, directors, management, owners, partners, noninstitutional stockholders that either own 10% or more of the stock or are the 10 largest 

stockholders, and the on-site supervisor or manager under an agreement with the Community, if 

applicable. 

(D) Upon receipt of a completed application, the Gaming Commission shall forward a copy 

thereof to the NIGC for an FBI criminal information check through the FBI National Criminal 

Information Center. 

(E) Notwithstanding any other provisions of this Ordinance, Gaming Vendor Licenses existing 

on the date of adoption of this Ordinance shall continue to be valid until they expire in 

accordance with their own terms. 

s18B.603. Contents of Gaming Vendor License Application. 

(A) Applications for Gaming Vendor licenses shall include the following information: 

(1) Name of business, business address, business phone, federal tax ID number (or Social 

Security Number if a sole proprietorship), main office address if different from business address, 

any other names the applicant has done business under, type of service applicant will provide. 

(2) Whether applicant is a sole proprietorship, corporation, partnership, limited liability 

company, or other entity. 

(3) If the applicant is a corporation, the state of incorporation, and the qualification to do 

business in that state if the Gaming operation is in a different state than the state of incorporation. 
(4) Trade name, other names ever used, names of any wholly owned subsidiaries or other 

business owned by the applicant or its principals. 

(5) General description of the business and its activities. 

(6) Whether the applicant will be investing in or lending money to the Gaming Establishment 

and, if so, how much. 

(7) A description of any existing or previous business relationships with the Gaming industry 

generally, including ownership interests in those businesses. 

(8) A list of Indian tribes with which the applicant has an existing or previous business 

relationship, including ownership, financial or management interests in non-Gaming activities. If 

the applicant has extensive interaction with Indian tribes, the above list shall include only the ten 

largest business relationships determined by Gross Gaming Revenues. 

(9) Names, addresses and phone numbers of three business references with whom the applicant 

has regularly done business within the last five years. 

(1 0) Name and address of any licensing or regulatory agency with which the applicant has filed 

an application for a license or permit related to Gaming, whether or not such license or permit 

was granted. 

(1 1) Whether the applicant has ever had a license or permit revoked or suspended for any reason 

and the circumstances involved. 

(12) A list of lawsuits to which the applicant has been a defendant, including the name and 

address of the court involved, and the date and disposition of the case, if any. 

(13) 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 of the application. 

(14) A list of the principals of the applicant, their Social Security Numbers, addresses and 

telephone numbers, title, and percentage of ownership in the applicant. 

(15) A list of the applicant's funding sources and any liabilities of $100,000.00 or more. 

(1 6) Any further information the Gaming Commission deems relevant. 

(B) The following notice shall be placed on the application form: "Inclusion of false or 

misleading information in the Gaming Vendor application may be grounds for denial or 

revocation of the Gaming Vendor License." 
(C) An applicant may submit a copy of a recent license application to another jurisdiction if it 

contains all of the information listed above. The applicant will be required to submit in writing 

any changes in the information since the other license application was filed and any information 

requested by the Gaming Commission not contained in the other license application. 

(D) Unless waived by the Gaming Commission, each application shall be accompanied by a 

sworn statement that if the Gaming Vendor license will be issued, the applicant will submit to 

the jurisdiction of the Gaming Commission and the Tribal Court, and the applicant will abide by 

all applicable Tribal and Federal laws, regulations and policies. 

9 18B.604. Background Investigation. 

(A) Upon receipt of an application for a Gaming Vendor license, the Gaming Commission shall 

conduct a background investigation of the applicant and each of its principals. This investigation 

shall contain, at a minimum, each of the following procedures: 

(1) Verification of the applicant's incorporation status and qualification to do business in the 

State of Michigan. 

(2) Obtain a business credit report, if available, and conduct a Better Business Bureau check on 

the applicant. 

(3) Conduct a check of the applicant's credit history. 

(4) Call each of the references listed in the application. 

(5) Conduct an investigation of the principals of the applicant, including a criminal history 

check, a credit report, and interviews with the personal references listed. 

(B) The Gaming Commission shall conduct such other investigation of the applicant and its 

principals as it may deem appropriate. 

5 18B.605. Investigative Report. 

The Gaming Commission shall complete an investigative report covering each of the procedures 

taken in the background investigation of the applicant and its principals. 
§ 18B.606. Application Fee. 

The Community may charge a license fee, to be set by the Gaming Commission, to cover its 

expenses in investigating and licensing Gaming Vendors. 

$ 183.607. Recognized Licensing Authorities and Adherence to Technical Equipment 

Standards. 

(A) An applicant for a Gaming Vendor license who provides the Gaming Commission with a 

certified copy of a Gaming Vendor license or similarly designated license granted by the States 

of Nevada, Minnesota, Wisconsin, New Jersey or Michigan, shall be granted a Gaming Vendor 

license by the Gaming Commission without being required to meet the requirements set forth in 

§ 18B.602 through 8 18B.605 and S18B.607 through tj18B.608 of this Section. 

(B) A Gaming Vendor license granted pursuant to paragraph (A) above shall be valid until the 

Gaming Vendor license or similarly designated license issued by the States of Nevada, 

Minnesota, Wisconsin, New Jersey or Michigan expires or is suspended or revoked by the proper 

authority; provided that the Gaming Commission's authority pursuant to $1 8B.609 shall apply to 

all Gaming Vendor licenses granted pursuant to paragraph (A) above. 

(C) No Game of Chance, Gaming Equipment or Gaming supplies, pertaining to Class I11 Gaming 

may be purchased, leased or otherwise acquired by any Operator unless the Game of Chance, 

Gaming Equipment or Gaming supplies meet the technical equipment standards of either the 

State of Nevada or the State of New Jersey. 

§ 18B.608. Action by Gaming Commission. 

(A) Except as provided in subsection 18B.602(E) above, the Gaming Commission shall, as soon 

as practicable after completion of the background investigation either grant or deny a Gaming 

Vendor license. 

(B) The Gaming Commission may deny a Gaming Vendor license to any applicant upon a 

determination that the applicant, or any principal identified with the applicant: 

(1) Is a Person whose prior activities, criminal record, if any, or reputation, character, habits and 

associations pose a threat to the effective regulation of Gaming or create or enhance the chances 

of unfair or illegal practices, methods and activities in the conduct of the Gaming Activities 
permitted hereunder; or 

(2) Has failed to provide information reasonably required to investigate the applicant's suitability 

for a Gaming Vendor license or has failed to reveal any fact material to such application or has 

furnished any information that is untrue or misleading in connection with such application. 

s18B.609. Duration and Renewal of Gaming Vendor License. 

(A) Any Gaming Vendor license issued by the Gaming Commission pursuant to this section shall 

expire on the date one (1) year from the date of issuance of the license; provided, that a Gaming 

Vendor licensee who has applied for renewal of a license prior to its expiration may continue to 

provide Gaming Equipment or services under the expired Gaming Vendor license until the 

Gaming Commission takes final action on the renewal application. 

(B) Previously licensed applicants for a Gaming Vendor license or applicants for renewal of a 

Gaming Vendor license shall provide currently updated application material but will not be 

required to resubmit historical data already on file with the Gaming Commission. 

(C) The Gaming Vendor license shall be subject to a review consisting of such investigations as 

the Gaming Commission shall determine necessary. 

(D) No additional background investigation of an applicant for the renewal of a Gaming Vendor 

license shall be required unless information concerning the applicant's continuing suitability or 

eligibility for a Gaming Vendor license has been presented to the Gaming Commission which 

indicates that the applicant is not suitable or otherwise eligible for a Gaming Vendor License; 

except that a new credit check shall be performed and the status of the licensee's regulatory 

licenses in other jurisdictions, if applicable, shall be checked and a litigation check shall be 

performed. 

5 18B.610. Suspension or Revocation of Gaming Vendor License. 

The Gaming Commission may investigate any licensee or any principal of any licensee at 

any time and the Gaming Commission may suspend or revoke any Gaming Vendor license 

issued under this section if based upon that investigation information is discovered by the 

Gaming Commission that would justify suspension or revocation of an original Gaming Vendor 

license or any renewal thereof. 
s18B.611. Procedure for Suspension or Revocation of Gaming Vendor License. 

(A) When the Gaming Commission has reasonable cause to believe that a Person holding 

Gaming Vendor license did not qualify for said license or that the Person or any principal of the 

Person has engaged in activities that would justify denial of the renewal of said license, the 

Gaming Commission shall either issue a Notice of Suspension or a Notice of Revocation of such 

Person's Gaming Vendor License. The Notice of Revocation may, in the discretion of the 

Gaming Commission, be followed by a hearing before the Gaming Commission. The Notice 

shall be served upon the licensee at its principal place of business. 

(B) The Notice of Suspension or the Notice of Revocation shall state the grounds upon which the 

suspension or revocation is ordered. 

(C) If a Notice of Revocation has been issued, the Notice of Revocation shall state the time and 

place for a hearing before the Gaming Commission and that the licensee shall have an 

opportunity to present testimony and cross-examine opposing witnesses at that hearing, and to 

present any other evidence as to why a revocation order should not be issued by the Gaming 

Commission. 

(D) When the Gaming Commission suspends or revokes a Gaming Vendor license pursuant to 

this Section, the licensee shall immediately cease and desist from providing Gaming Equipment 

or services to any Gaming Establishment or Operator. 

SECTION SEVEN 

PATRONS 

9 18B.70 1. Patron Dispute Resolution. 

A patron who has a complaint against a Gaming Establishment shall make every effort to attempt 

to resolve the complaint through discussions with the Gaming Establishment pursuant to internal 

procedures established by the Gaming Establishment for this purpose. If the complaint is not 

resolved through discussions with the Gaming Establishment, the patron shall have as his or her 

sole remedy the right to file a petition for relief with the Gaming Commission. Any petition by a 

patron concerning a complaint against a Gaming Establishment must be submitted to the Gaming 

Commission within thirty (30) days after the incident giving rise to the complaint. Petitions shall 
be submitted in writing. The Gaming Commission may hold a hearing within thirty (30) days of 

receipt of the petition; provided, that the Gaming Commission determines that there is probable 

cause to believe that the complaint against the Gaming Establishment is a valid complaint. At the 

discretion of the Gaming Commission, the petitioner may be allowed to present evidence at the 

hearing. Petitioner may have counsel present at such hearing. The Gaming Commission shall 

render a decision on the petition within thirty (30) days after the date of the hearing, if any. The 

Gaming Commission's decision shall constitute the petitioner's final remedy and is not 

appealable to Tribal Court. 

SECTION EIGHT 

MISCELLANEOUS 

8 18B.80 1. Provisions of General Applicability to all Operators. 

(A) Each Operator shall respond immediately to and obey all inquiries, subpoenas or orders of 

the Tribal Court or the Gaming Commission. 

(B) No license issued to any Person pursuant to this Ordinance shall be sold, lent, assigned or 

otherwise transferred without the prior approval of the Gaming Commission after conducting a 

hearing on a request therefore. 

(C) An Operator shall immediately suspend any employment relationship with any employee 

who is charged with a crime of theft, embezzlement, fraud, a Gaming-related crime or any other 

crime which threatens the fairness or integrity of Gaming or creates a threat to the public, or any 

crime related to the use, sale, possession, manufacture or transport of illegal drugs. The Operator 

shall also immediately notify the Gaming Commission in writing of the name of the employee, 

the pending charges andlor the outcome of the case. If the employee is convicted or pleads no 

contest to the charges or a reduced or substituted charge that that is the same as or includes any 

of the foregoing charges the employee's employment shall be terminated by the Operator 

immediately after receiving notice of thereof. 

(D) A Gaming Establishment shall only sell liquor in accordance with the provisions of the 

laws of the Community applicable thereto. 

(E) Consideration for the opportunity to take part in any Gaming Activity as a Player shall only 
be cash, complimentary chips, tokens or electronic card approved by the Gaming Commission 

and shall be presented at the time when a Game is played. No other form of consideration shall 

be allowed unless approved by the Gaming Commission in advance. 

(F) Gaming chips, tokens of value and electronic cards shall only be sold and redeemed by the 

Operator and only for full value. Complimentary chips or other tokens issued and approved by 

the Gaming Commission for promotional purposes shall not be redeemed for cash and shall only 

be played or used in the Gaming Establishment for which they were intended. 

(G) Any Player's winnings shall be paid in cash or by check. The winnings shall be paid within 

three (3) days after the date of the winnings. 

(H) Each Operator shall comply with all applicable revenue reporting laws. 

(I) Evidence of any win by any Player above taxable thresholds shall be provided to such Player 

in such form as is acceptable by the appropriate taxing authority. 

(J) Each Operator shall keep accurate books and records of all moneys received and paid out 

and provide the Gaming Commission with copies of or access to the same upon request. 

(K) Each Operator shall make the Gaming Establishment and its books and records available for 

inspection by the Gaming Commission during normal business hours. 

(L) In compliance with Section 4(K)(2) of the TribalIState Compact, a representative authorized 

in writing by the Governor of the State shall have the right to inspect all Tribal Class I11 Gaming 

Establishments and all Tribal records related to Class 111 Gaming, including those records set 

forth in Section 4(F) of the TribalIState Compact, subject to the conditions set forth in Section 

4(K)(2)(a) through (c) of the Tribal/State Compact. 

(M) Each Gaming Establishment shall be subject to patrol and inspection by the Tribal Police 

Department for the purpose of enforcing Tribal law, and each Operator shall cooperate at all 

times with the Tribal Police Department. 

(N) Each Operator shall post in a conspicuous location in the Gaming Establishment its Gaming 

Establishment License and shall post in a conspicuous place near where any Gaming Activity is 

being conducted, or shall otherwise provide the general public with, an explanation of the rules 

of play of every Game of Chance played in the Gaming Establishment. 

(0) Each Operator is prohibited from exchanging any Gaming Equipment which might affect the 

integrity of the Game the equipment is used for, without obtaining the prior written approval of 
the Gaming Commission. 

(P) Each Operator is prohibited from renting or lending Gaming Equipment to any Person 

without the prior written approval of the Gaming Commission. 

(Q) Each Operator shall provide adequate security for the Gaming Establishment to protect the 

welfare of the general public. 

(R) Each Operator shall, at all times, maintain an orderly, clean and neat Gaming Establishment, 

both inside and outside. 

(S) No person under the age of 18 shall be allowed to participate in Class I1 Gaming or Class I11 

Gaming. 

(T) A person under the age of 18 may take part in Class I Gaming in private homes, and attend 

and participate in sporting contests, ticket drawings, stick games and traditional gaming 

tournaments. 

(U) Each Operator who anticipates the printing, assembly, reassembly, manufacture, construction 

or reconstruction of any Gaming Equipment shall first notify the Gaming Commission of the 

Operator's intention and shall have the finished product approved by the Gaming Commission 

before it is placed into service at a Gaming Establishment. 

(V) Each Operator proposing to conduct a Gaming Activity on premises that the Operator does 

not own, shall file with the Gaming Commission, prior to conducting the Gaming Activity at 

such premises, a written agreement attested to by both the Operator and the owner of such 

premises, setting forth the terms under which the Operator is permitted to use the premises. 

(1) At a minimum, such agreement shall contain the following information and provisions: 

(a) The name of the person who is the legal owner of the premises. If the Operator is to be a 

sublessee, then the name of the lessee must also be included. 

(b) The name of the Operator and the term and conditions for its use of the premises. 

(c) The monetary consideration to be paid for such use of the premises, if any. 

(d) A precise description of the premises granted to or leased by the Operator. 

(e) The following provision: "The grantor/lessor hereby agrees that neither helshe, hisher 

spouse, nor any employee or agent of the grantorllessor shall participate in the selling, 

distributing, conducting, assisting or participating in any Gaming Activity at the premises herein 

grantedlleased without the prior written approval of the Gaming Commission". 
(2) The rental provision of such agreement must establish a fixed monthly rental dollar amount 

unless otherwise approved in writing by the Gaming Commission. 

(3) A graduated lease rate for the use of the premises is prohibited unless approved in writing by 

the Gaming Commission. 

(4) Other remuneration, in lieu of money, for the use of the premises is prohibited unless 

approved in writing by the Gaming Commission. 

(5) No Game of Chance shall be operated in conjunction with the conduct of the grantor's or 

lessor's business operation unless approved in writing by the Gaming Commission. 

(6) Any revisions or modifications to the agreement shall be furnished to the Gaming 

Commission prior to its effectiveness. 

s18B.802. Use of Gaming Proceeds. 

(A) Net Proceeds from Tribal Gaming shall be used only for the following purposes: 

(1) To fund Tribal government operations and programs; 

(2) To provide for the general welfare of the Community and its members; 

(3) To promote economic development for the Community; 

(4) To donate to charitable organizations; or 

(5) To help fund operations of local government agencies. 

18B.803. Audit. 

(A) Each Operator shall provide to the Gaming Commission, within ninety (90) days after the 

end of the last fiscal year of the Gaming Establishment, on an annual basis an independent audit 

of the financial operations of its Gaming Establishments by a certified public accountant 

computed in accordance with generally accepted accounting principles, constantly applied, for 

review by the Gaming Commission. The Operator shall submit a copy of the certified audit to 

the NIGC at the same time it submits the audit to the Gaming Commission. 

(B) All Gaming related contracts that result in the purchase of supplies, services, or concessions 

in excess of $25,000.00 annually, except contracts for professional legal and accounting services, 

shall be specifically included within the scope of the audit that is described in subsection 

9 18BS803(A) above. 
(C) The Gaming Commission may, at its discretion, conduct its own audit of all Gaming 

Establishments in addition to the independent audit provided for in paragraph (A) above. Within 

two weeks after completion of the audit conducted by the Gaming Commission, the Gaming 

Establishment(s) audited by the Gaming Commission shall pay to the Gaming Commission all 

costs incurred by the Gaming Commission for the audit. 

(j 18B.804. Environment and Public Health and Safety. 

The Operator shall be responsible for constructing, maintaining and operating its Gaming 

Establishment in a manner that adequately protects the environment and the public health and 

safety. The Gaming Commission may inspect the premises of each Gaming Establishment to 

enforce the forgoing requirement and may issue cease and desist orders to the Operator in 

connection with any noncompliance with the requirements of this Section. 

(j 18B.805. Notices. 

Any notice required under this Ordinance shall be in writing. Service of the notice shall be by 

personal service or by registered or certified mail, return receipt requested. 

(j 18B.806. Proprietary Interest in Gaming Operation. 

Except as provided in federal law, the Community shall have the sole proprietary interest in and 

responsibility for the conduct of any Gaming operation authorized by this Ordinance. 

SECTION NINE 

ENFORCEMENT 

$18B.901. Unlawful Acts. 

(A) It shall be unlawful for any Person to: 

(1) Conduct or participate in any Class I1 or Class I11 Gaming Activity which is not authorized 

by this Ordinance. 

(2) Knowingly make a false statement or withhold material information on an application for any 

license provided in this Ordinance. 
(3) Knowingly provide false testimony to the Gaming Commission or its authorized 

representative while under oath. 

(4) Offer, promise, or give Any Thing Of Value to a Person with the intent that the offer, 

promise, or giving of Any Thing Of Value will influence the actions of the Person to whom the 

offer, promise, or giving of Any Thing Of Value was made to affect or attempt to affect the 

outcome of a Game of Chance, or to influence official action of a member of the Gaming 

Commission. 

(5) Solicit or knowingly accept or receive a promise from another Person of Any Thing Of Value 

while the Person is employed by or licensed for a Gaming Establishment with the intent that the 

promise by the other Person of Any Thing Of Value will influence the actions of the Person to 

affect or attempt to affect the outcome of a Game of Chance. 

(6) Offer, promise or give Any Thing Of Value to a member, employee, or representative of the 

Gaming Commission with the intent that the offer, promise or giving of Any Thing Of Value 

will influence the official action of the member, employee, or representative of the Gaming 

Commission to whom the offer, promise or giving of Any Thing Of Value was made pertaining 

to the administration, licensing, regulation or enforcement of this Ordinance. 

(7) Solicit or knowingly accept or receive a promise of Any Thing Of Value while the person is a 

member, employee, or representative of the Gaming Commission pursuant to an understanding 

or arrangement or with the intent that the promise of Any Thing Of Value will influence the 

official action of the member, employee, or representative of the Gaming Commission pertaining 

to the enforcement of this Ordinance. 

(8) Except as otherwise expressly authorized by the Gaming Commission, use or possess, or 

have the intent to use or possess a device that will assist the Person in doing any of the 

following: 

(i) Projecting the outcome of a Game of Chance. 

(ii) Keeping track of the cards played in a Game of Chance. 

(iii) Analyzing the probability of the occurrence of an event relating to a Game of Chance. 

(iv) Analyzing the strategy for playing or betting to be used in a Game of Chance. 

(9) Cheat at a Game of Chance. 
(10) Sell or distribute cards, chips, dice or a Game of Chance, without first having obtained a 

license from the Gaming Commission for such activity. 

(1 1) Alter or misrepresent the outcome of a Game of Chance on which wagers have been made 

after the outcome is determined but before it is revealed to the Players. 

(12) Place a bet on a Game of Chance after acquiring knowledge of the outcome of the Game of 

Chance or to aid or assist a Person in acquiring the knowledge of the outcome of a Game of 

Chance for the purpose of permitting the Person to place a bet on the Game of Chance after that 

Person has acquired advance knowledge of outcome of the Game of Chance. 

(13) Claim, collect, take, or attempt to claim, collect, or take money or Any Thing Of Value in or 

from a Game of Chance, with intent to defraud, without having made a wager contingent on 

winning a Game of Chance, or claim, collect, or take an amount of money or Any Thing Of 

Value which has greater value than the amount won after betting on a Game of Chance. 

(14) Use counterfeit chips or tokens in a Game of Chance. 

(1 5) Possess a key or device designed for the purpose of opening, entering, or affecting the 

operation of a Game of Chance, drop box, or an electronic or mechanical device connected with 

the Game of Chance or for removing coins, tokens, chips, or other contents of a Game of 

Chance. This Section shall not apply to a Gaming Establishment Licensee or employee of a 

Gaming Establishment Licensee acting in furtherance of the employee's employment. 

(16) Knowingly make a wager if the Person making the wager is under 18 years of age or to 

permit a person under 18 years to make a wager on a Game of Chance. 

(1 7) Willfully fail to appear before or provide an item to the Gaming Commission at the time and 

place specified in a subpoena or summons issued by the Gaming Commission. 

(1 8) Willfully refuse, without just cause, to testify or provide items in answer to a subpoena, 

subpoena duces tecum or summons issued by the Gaming Commission. 

(1 9) Conduct or permit a Person who is not licensed pursuant to this Ordinance to conduct 

activities required to be licensed under this Ordinance. 

(20) Falsify any books or records pertaining to any transaction connected with any Gaming 

Activity. 

(2 1) Accept consideration other than money or other consideration approved by the Gaming 

Commission for the opportunity to participate in any Gaming Activity. 
(22) Alter or counterfeit any license relating to this Ordinance. 

(23) Use a device for any Gaming Activity if the use of the device violates this Ordinance. 

(B) A conviction for a violation of a provision of this section shall constitute a Class A 

misdemeanor under Title Two of the Tribal Code and the Person found in violation hereof shall 

be forever barred from receiving or maintaining a license under this Title 18 Chapter B. 

(C) The acts prohibited under paragraph (A) of this subsection s18B.901 are in addition to the 

criminal offenses set forth under Title Three of the Tribal Code. 

5 18B.902. Civil Fines. 

(A) The Gaming Commission is hereby authorized to impose civil fines for a violation of any 

provision of this Ordinance in an amount not to exceed $5,000.00 for each and every violation, 

except for violations of the provisions of 8 18B.901 which shall be within the exclusive 

jurisdiction of the Tribal Court 

(B) The civil fines imposed under this Ordinance are intended to be remedial and not punitive in 

nature and are designed to compensate the Community for the damage done to the peace, 

security, economy and general welfare of the Community and to compensate the Community for 

the costs incurred by the Community in enforcing this Ordinance. 

(C) 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, judgment, penalty, forfeiture or 

damages, nor bar any criminal prosecution, of any Person for a violation of an unlawful act 

specified in this Ordinance. 

(D) The amount of any civil fine levied or assessed by the Gaming Commission pursuant to this 

subsection S18B.902 may be recovered in a civil action brought by the Gaming Commission in 

the Tribal Court. 

5 18B.903. Seizure, Confiscation, Destruction, or Forfeiture of Property. 

Any Gaming Equipment, Gaming device, money, proceeds, substituted proceeds, or real or 

personal property used, obtained or received in violation of this Ordinance shall be subject to 

seizure, confiscation, destruction, or forfeiture. 
9 18B.904. Repealing of Prior Ordinances, Resolutions and Motions. 

The Community's Gaming Ordinance approved by the NIGC on March 3, 1994, and all 

amendments thereto and any other ordinance regulating Gaming, are hereby repealed. All 

resolutions and motions of the Tribal Council pertaining to Gaming or ordinances repealed by 

this Ordinance, which were adopted prior to the effective date of this Ordinance, are hereby 

rescinded. 

§ 18B.905. Effective Date. 

This Ordinance shall take effect on October 1,2006. 

Motion By: Warren C Swartz, JR. 

Ayes 5 Nays 2 Abstained Q Not Present 4 

Seconded by: Toni J. Minton 

Adopted X (Yes) (No) 

Date: August 24,2006