Red Lake Band of Chippewa Indians

GAMING ORDINANCE REVISEDT

TITLE I. GENERAL PROVISIONS

SECTION 100. SHORT TITLE.

(a) This Ordinance shall be known and may be cited as the Red Lake Band of

Chippewa Indians Gaming Ordinance Revised].

SECTION 101. FINDINGS AND INTENT.

(a) The Red Lake Tribal Council, governing body of the Red Lake Band of Chippewa

Indians, finds that:

(1) The Red Lake Band of Chippewa Indians is a sovereign entity with the

Power and authority for self-governance. By virtue of the fact that the

United States has recognized the Band as an Indian Tribe through treaties

and laws, which recognizes and maintains the doctrine of Indian

Sovereignty, the Red Lake Band of Chippewa Indians enjoys a federal

guarantee of the perpetual integrity of the Red Lake Band of Chippewa

Indians.

(2) The Band has the authority and responsibility under the Revised

Constitution and Bylaws of the Red Lake Band of Chippewa Indians to

regulate and license where permitted by law all business and professional

activities conducted upon the reservation..., and to manage, lease or

otherwise deal with tribal lands and tribal resources in accordance with

existing Federal laws.

(3) The Red Lake Band of Chippewa Indians desires to continue to exercise its

inherent authority over its internal affairs without interference, as described

in the Revised constitution and Bylaws of the Red Lake Band of Chippewa

Indians.

(4) The Red Lake Band of Chippewa Indians requires methods for maintaining

a base to generate revenues for self-perpetuation and essential

governmental services.

(5) Public Gaming operations have been introduced to the Red Lake Band of

Chippewa Indians and it is of vital interest to the public health, safety, and

welfare of the Red Lake Band of Chippewa Indians that the Band regulate

public gaming in a manner commensurate with the best interests of the Red

Lake Band of Chippewa Indians.
(6) The regulation of public Gaming within the Red Lake Indian Reservation is

in the best interest of the Red Lake Band of Chippewa Indians.

(b) Further, the Red Lake Band of Chippewa Tribal Council determines that the intent

of this Ordinance is to:

(1) Foster a spirit of cooperation with the Federal Government through

cooperation with the National Indian Gaming Commission regarding the

re~ilation of Class II Gaming;

(2) Foster a spirit of cooperation with the State of Minnesota in the regulation

of Class III Gaming;

(3) Regulate Gaming on trust lands located within the Red Lake Band of

Chippewa Indians Reservation and other lands within the jurisdiction of the

Red Lake Band of Chippewa Indians, in compliance with compacts and

other applicable law;

(4) Protect Gaming as a means of promoting Tribal economic development;

(5) Ensure that Gaming is conducted fairly and honestly by both the operators

and the players as a genuine means of providing both recreation and

entertainment, entirely free from organized crime and other corrupting

influences;

(6) Ensure that the construction and maintenance of all Gaming Enterprises,

and the operation of Gaming conducted at those facilities, shall at all times

protect the environment, the public health and welfare, and the sovereignty

of the Red Lake Band of Chippewa Indians, and that such Gaming shall

comply with all applicable Tribal, Federal, and Tribal/State compact laws.

(7) Establish an adequate system to ensure financial controls exist which will

result in accountability for revenues generated from all Gaming Enterprises

conducted within the Red Lake Indian Reservation and other lands within

the jurisdiction of the Band; establish and maintain an adequate system to

implement the necessary background investigations, licensing, and

monitoring of employees of Gaming Enterprises; and establish and

maintain an adequate system for the investigation, enforcement, and

prosecution of violations of this Ordinance and the rules and regulations

promulgated pursuant thereto;

(8) Preserve and protect the ability of the managers of Gaming Enterprises to

exercise their responsibilities for direct control of Gaming, fiscal planning,

reporting and control, and the employment, supervision and discipline of

employees; and

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(9) Require all Gaming Enterprises located on trust lands subject to the

governmental power of the Red Lake Band of Chippewa Indians to be

wholly owned by the Band.

SECTION 102. DEFINITIONS

(a) The following words and phrases when used in this Ordinance shall have the

meanings respectively ascribed to them in this section:

(1) Applicant shall mean any person who is required to be licensed by this

Ordinance, and who submits a request for the grant or renewal of such

license.

(2) Blackjack shall have the meaning given the term in the Tribal-State

Compact for Control of Class III Blackjack On the Red Lake Band of

Chippewa Indians Reservation, entered into on June 11, 1991, and amended

on July 9, 1992.

(3) Chairman of the Board shall mean that person elected to the position of

Chairman of the Gaming Board.

(4) Commission shall mean the three-member board established pursuant to

this Ordinance.

(5) Commissioners shall mean those persons appointed to the Red Lake

Gaming Commission.

(6) Band shall mean the Red Lake Band of Chippewa Indians, a federally

recognized Indian tribe.

(7) Class II gaming shall mean those activities defined in 25 C.F.R. § 502.3 as

they are defined in such federal regulation.

(8) Class III gaming shall mean those activities defined in 25 C.F.R. § 502.4 as

they are defined in such federal regulations.

(9) Compact shall mean any agreement concerning Class III Gaming between

the Band and the State of Minnesota, and any amendments thereto.

(10) Gaming equipment shall mean bingo cards or sheets, devices for selecting

bingo numbers, pull-tabs, jar tickets, paddlewheels, tip boards, electronic

video equipment, or equipment employed to conduct the game of blackjack,

or any other games of chance.

(11) Gaming shall mean the act of paying for the opportunity and

participation in a game or games of chance for money or something of

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value, and to operate, carry on, conduct, maintain, or expose for play,

money, property, or any representative of value wherein the outcome of a

game is decided by chance or in which chance is a material element, but

does not include social games played solely for consumable goods, i.e.,

foodstuffs, or games played in private homes or residences for prizes, or

games operated by charitable and educational organizations which are

approved by the Gaming Board.

(12) Gaming Board shall mean the eleven-member Board of Directors

established pursuant to this Ordinance which shall consist of the members

of the governing body of the Red Lake Band of Chippewa Indiansor those

appointed by the Red Lake Tribal Council whose number and term shall be

determined by official Tribal Council action at a Special or Regularly

scheduled Tribal Council Meeting~ All references to Gaming Board or

Board of Directors shall mean the Red Lake Band of Chippewa Indians

Board of Directors unless otherwise noted.

(13) Gaming Enterprise shall mean any commercial business owned by the

Band and operated, in part or in whole, for the conduct of bingo, the sale of

pull-tabs, Gaming in general and the conduct of other games of chance,

including but not limited to video games of chance, blackjack, and any other

lawful games of chance.

(14) Gaming Operator shall mean a person, organization or entity that

conducts the management of Gaming at a Band Gaming Enterprise,

including the Band itself or any subdivision thereof.

(15) Gaming Test Laboratory shall mean, as contemplated by Section 6.1 of

the Tribal-State Compact regarding Video Games of Chance, a laboratory

agreed to and designated in writing by the State of Minnesota as competent

and qualified to conduct scientific tests and evaluations of video games of

chance and related equipment, a laboratory operated by or under contract

with the states of Minnesota, or Nevada, or New Jersey, or South Dakota

constitutes a designated gaming test laboratory.

(16) Indian Gaming Regulatory Act of 1988 or IGRA shall mean the Act of

the United States Congress adopted on October 17, 1988, as Public Law 100-

497, 102 Stat. 2467, codified at 25 U.S.C. § 2701 et seq. Including any

amendments thereto.

(17) Interested Party shall mean any person who is required to be licensed, or

who has a financial interest, whether direct or indirect, in any enterprise,

person, facility, or place which is required to be licensed by this Ordinance

and the rules and regulations adopted hereunder.

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(18) Key Employees shall mean persons who serve as the General Manager of

a Gaming Enterprise, persons who have, alone or with others, the authority

to sign checks or create or discharge financial obligations for a Gaming

Enterprise, persons who have any contact with a money room of a Gaming

Enterprise, and persons whose responsibilities include operation,

management, maintenance or other substantial contact of or with video

games of chance, blackjack, or other gambling equipment. Also, persons

performing the following functions are key employees:

(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;

(J) Custodian of gambling devices including persons with access to cash

and accounting records within such devices:

(K) If not otherwise included, any other person whose total cash

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

(L) If not otherwise included, the four most highly compensated persons

in any licensed Gaming Enterprise.

(19) License shall mean the permission by authority of the Red Lake Gaming

Commission to do an act, which shall be illegal without such license. With

respect to real property of the Band, a License is a privilege to go on the

premises for a certain purpose, but does not operate to confer on, vest in, or

grant any title, interest, or estate in such property.

(20) Licensee shall mean any person, entity or organization granted a License

pursuant to the provisions of this Ordinance.

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(21) Other Employees shall mean all employees of a Gaming Enterprise not

otherwise included in the above definitions of Key Employee or Primary

Management Official.

(22) Person shall mean any individual, partnership, corporation, association,

or public or private organization.

(23) Person Having Management Responsibility shall mean the person having

management responsibility for the Gaming Enterprise or a portion thereof,

or any person to whom such authority is delegated.

(24) Primary Management Officials shall mean any persons who have a direct

financial interest in, or management responsibility for, a Gaming Enterprise,

and in the case of a corporation, shall include those individuals who serve

on the board of directors of such corporation. If not otherwise included,

management official shall also mean:

(A) The person having management responsibility for a management

contract approved pursuant to federal statutory and regulatory

authority;

(B) Any person who has authority:

(i) To hire and fire employees; or

(ii) To set up working policy for the Gaming Enterprise; or

(C) The chief financial officer or other person who has financial

management responsibility.

(25) Other Compacts shall mean such agreements as may in the future be

entered into between the Band and the State of Minnesota, governing Class

III gaming, as that term is defined by the Indian Gaming Regulatory Act of

1988.

(26) Other games of chance shall include, but not be limited to, games similar

to traditional bingo in which prizes are awarded on the basis of a

designated winning number or numbers, color or colors, symbol or symbols

determined by chance.

(27) Shall is used in this Ordinance as imposing an obligation to act.

(28) Traditional bingo shall mean that game commonly known as bingo.

(29) Tribal Council shall mean the eleven members of the Red Lake Band of

Chippewa Tribal Council, duly elected and serving in accordance with the

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provisions of the Revised Constitution and Bylaws of the Red Lake Band of

Chippewa Indians.

(30) Tribal General Legal Counsel shall mean the lawyer or legal firm or

association with whom the Band has contracted to represent the Band in all

legal matters.

(31) Video game of chance shall have. the meaning given the term in the

Tribal-State Compact for Control of class III Games of Chance On the Red

Lake Band of Chippewa Indians Reservation in Minnesota, entered into

May 6, 1991, and amended on July 9, 1993, and any further amendments

thereto.

SECTION 103. EFFECT OF HEADINGS.

(a) Article and section headings contained herein shall not be deemed to govern, limit,

modify, or in any manner affect the scope, meaning, or intent or the provisions of

any article or section of the Ordinance.

SECTION 104. LIBERAL INTERPRETATION.

(a) The provisions of this Ordinance, being necessary for the welfare of the Band and

its members, shall be liberally construed to effect the purpose and objective hereof,

but in all cases, consistent with the provisions of IGRA or any other applicable law.

SECTION 105. SEVERABILITY.

(a) The provisions of this Ordinance are severable; if any part or provision hereof shall

be held void by tribal or federal court or federal agency, the decision of the court

or agency so holding shall not affect or impair any of the remaining provisions of

the Ordinance. Citation to potential court action is the section shall not be deemed

a waiver of the Bands sovereign immunity for suit.

SECTION 106. IMPLEMENTATION.

(a) It being immediately necessary for the preservation of the public peace and safety

of the Band and its members, this Ordinance shall take effect and be in full force

from and after its approval and passage by the Tribal Council, and shall remain in

affect pending approval from the Secretary of the Interior and the National Indian

Gaming Commission. If any section, provision, term or requirement of the

Ordinance is determined by the National Indian Gaming commission to conflict

with the provisions of IGRA or the applicable regulations promulgated thereto,

that determination shall not require subsequent re-approval of the Ordinance by

the Tribal Council, shall require only that the Ordinance be brought into technical

compliance by the Gaming Board with the regulations to which it is subject.

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SECTION 107. AMENDMENT.

(a) This Ordinance may be amended only upon an affirmative vote of an absolute

majority of the Tribal Council at a scheduled Tribal Council meeting, and then

such amendment shall be valid only if it complies with the terms and provisions of

IGRA.

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TITLE 11. DEVELOPMENT, ADMINSTRATION, AND ENFORCEMENT

SECTION 200. ELECTION AND COMPOSITION OF BAND GAMING BOARD.

(a) Designation of Members of the Gaming Board The Tribal Council shall, upon

adopting this Ordinance, create the Gaming Board and designate themselves to fill

the offices of the Gaming Board. The Seven Hereditary Chiefs shall have the

authority to sit as a member of the Gaming Board in an advisory capacity. The

Tribal Council shall appoint one person on the Gaming Board to serve as

Chairman of the Gaming Board and one person on the Gaming Board to serve as

the Secretary of the Gaming Board. The Tribal Council shall have the authority to

appoint individuals other than duly elected Tribal Council members or officers,

provided such appointment is done by an official act of the Tribal Council at a

regular or special meeting of the Tribal Council. The Gaming Board shall have

sole authority to regulate any and all gaming activities on the Red Lake Indian

Reservation or other lands within the jurisdiction of the Band, subject to the

oversight and control of the Tribal Council, which has the final authority in all

matters. The authority of the Gaming Board shall include, but is not limited to

general operations of gaming and ancillary facilities, subject to any specific

limitations imposed elsewhere in this Ordinance, or through any other specific

limitation of power necessitated by official action of the Tribal Council.

(b) Duties of Chairman of the Gaming Board, Secretary, Members of the Gaming

Board

(1) The Chairman of the Gaming Board shall have responsibility for calling and

presiding over meetings of the Gaming Board, presiding over rulemaking

procedures, and presiding over any hearings which the Gaming Board

might conduct, as well as overseeing administration of the daily affairs of

the Gaming Board. It shall have the responsibility to forward to the

Gaming Commission any complaints or issues concerning the licensing and

other regulatory authorities reserved to the Gaming Commission. The

Chairman of the Gaming Board shall be the designated official to receive

service of any official determination, order, or notice of violation from the

National Indian Gaming Commission pursuant to 25 C.F.R. § 519.1, and

shall forward a copy of such service to the Gaming Commission within 24

hours of receipt.

(2) The Secretary shall have responsibility for acting as Chairman of the Board

in the Chairman of the Boards absence or disability.

(c) Qualifications of the Members of the Gaming Board The members of the

Gaming Board shall in all cases be required to complete an application for

licensing which complies with the provisions of the IGRA and this Ordinance, and

a background check shall also be conducted for each individual nominee for a

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position on the Gaming Board, which background check shall fulfill the

requirements of the IGRA and this Ordinance. Any person not possessing the

necessary qualifications for licensing under the provisions of the IGRA and this

Ordinance may not serve on the Gaming Board in any capacity. Pursuant to

Section 326, the Tribal Council acting as the Tribal Council may waive the

requirements of this section, provided that the Tribal Council does so by written

Tribal Council resolution that defines such waiver.

(d) Term of Office for Members of the Gaming Board The term of office for the

Members of the Gaming Board shall be determined by official action of the Tribal

Council. Unless otherwise designated, the term of office for the Members of the

Gaming Board shall coincide with the term set in the Revised Constitution and

Bylaws of the Red Lake Band of Chippewa Indians for the Tribal Council.

SECTION 201. REMOVAL FOR CAUSE.

(a) Removal Procedure If the requirements of Section 201(c) are implicated by

the actions of a member of the Gaming Board, the Tribal Council may suspend and

terminate the authority of that Gaming Board/Tribal Council member to act as a

Member of the Gaming Board in a proceeding commenced by at least six (6)

members of the Tribal Council, which members must sign a certified petition for

suspension/ termination which states the cause for removal, and which is brought

before the Tribal Council as an agenda item presented for a vote at a Tribal Council

meeting, and which makes known to the member of the Band the reason which is

asserted as the basis for suspension or termination for cause. Upon receipt of the

petition for removal, the Tribal Council shall notify the person whose suspension

or termination is sought within three days. Within fifteen (15) days the Tribal

Council shall schedule a Tribal Council meeting for purposes of hearing the

suspension/termination action. An absolute majority vote of the Tribal Council is

required to suspend or terminate any member from their position on the Gaming

Board.

(b) Cause for Suspension/Termination Cause for suspension or termination shall

consist of fraudulent or dishonest conduct, or gross abuse of authority or

discretion with respect to the duties of the Gaming Board member who is the

subject of the removal action, unexcused failure to attend at least three consecutive

meetings, or conviction of a felony while serving on the Gaming Board. In no case

shall the performance of the duties of a Gaming Board member in compliance with

the provisions of this ordinance be considered a basis for removal. In all cases the

burden of proof, including the burden of presenting evidence and persuading the

court that the action complained of was fraudulent, dishonest, or was a gross

abuse of authority or discretion, shall rest with the members of the Tribal Council

seeking suspension or termination of the Gaming Board member.

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(c) Appointment of Gaming Board Member In the event the Tribal Council

suspends or terminates pursuant to this section a Gaming Board member from

his/her duties as a Gaming Board member, the Tribal Council acting as the Tribal

Council shall have the authority to appoint a member of the Band to act a member

of the Gaming Board provided that such person appointed shall satisfy the

eligibility requirements. Such appointment shall be for the balance of the term of

the Gaming Board member suspended or terminated. Such appointment shall be

done by written Tribal Council resolution. Any action taken pursuant to this

section shall be submitted to the National Indian Gaming Commission.

SECTION 202. DECISION-MAKING BY THE GAMING BOARD.

(a) In all cases where a decision is required of the Gaming Board by the provisions of

this Ordinance, the Gaming Board shall make said decision after deliberations on

the merits of the issue before it, and shall in all cases make a determination of the

issue by majority vote of at least a quorum of the Gaming Board, and the position

receiving the majority of the votes shall represent the position of the Gaming

Board with regard to the matter. All votes by the Gaming Board shall be recorded,

and a written record shall be maintained which sets forth the position of the

individual members of the Gaming Board.

SECTION 203. GAMING BOARD MEETINGS.

(a) The Gaming Board shall hold meetings as necessary. A majority of the members

of the Gaming Board shall constitute a quorum, which number shall be necessary

and sufficient for a meeting to be held and business to be conducted, however, all

votes shall be taken in compliance with Section 202. Notice of the meeting shall be

provided at least 48 hours in advance, which notice shall include the agenda.

Upon payment of a reasonable fee, any Interested Party shall be provided with

such notice. The Gaming Board shall in all cases determine the reasonable fee.

(b) Unless otherwise invited regular meetings shall be closed to all non-members,

with the exception of Tribal Council members not serving on the Gaming Board,

Gaming Commission, and National Indian Gaming Commission members or their

authorized representative, and may be closed to enrolled members of the Band for

purposes of protecting the privacy of an individual, but only after passage of a

recorded motion for executive session. At regular meetings the Gaming Board

members shall deal with the routine business and affairs of the Gaming Board,

including but not limited to:

(1) Consideration of applications, and the accompanying background

information required by this Ordinance as part of the application process;

(2) Meeting with officials of the National Indian Gaming Commission, State of

Minnesota, or any other law enforcement agency or office for purposes of

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ensuring compliance with or enforcement of this Ordinance, or for

purposes of pursuing possible criminal violations related to gaming, which

violations occurred upon or are related to gaming conducted on property

under the control of the Band.

(3) To receive oral reports of alleged criminal violations, which violations

occurred upon or are related to Gaming conducted on property under

control of the Band.

(4) Deliberations of matters related to licensing decisions, and the factual

determinations related to those decisions;

(5) Examination of financial or other data required to be reviewed by the

Gaming Board under the provisions of this Ordinance, and which may be

of a confidential nature;

(6) Consultation with legal counsel.

(c) A record shall be made of all proceedings of the Gaming Board, whether in open

or executive session, which record shall reflect all factors considered by the

Gaming Board; such record shall be available to the affected party.

(d) The Gaming Board shall hold special meetings, pursuant to the notice

requirements defined above, at any time the Gaming Board deems necessary and

appropriate, which may be open only to National Indian Gaming Commission

members or their authorized representative, and to enrolled members of the Band

for the purposes of:

(1) Holding hearings related to the promulgation of substantive and procedural

regulations under the authority granted the Gaming Board by this

Ordinance; and

(2) Holding hearing related to violations of this Ordinance which may be

punishable by civil penalties or other sanctions.

(e) Following special meeting which are open only to National Indian Gaming

Commission members or their authorized representatives and enrolled members

of the Band, the Gaming Board may hold closed special meetings for the purposes

of deliberations regarding the decision to be made concerning the matters

presented at the public meetings. However, the requirement that there be a record

established also applies here.

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SECTION 204. CONFLICT OF INTEREST

(a) No member of the Gaming Board, including the Chairman of Gaming Board,

employee of the Gaming Board, or any person serving in any capacity as agent of

the Gaming Board, or any member of his/her family living with him/her, may

have a financial interest, other than that financial interest resulting from Band

membership or employment at a Red Lake Gaming facility or administration, in

any Gaming business or enterprise, or in any Gaming contractor, vendor, or any

person providing services to Gaming, or accept any gift or thing of value from a

Gaming contractor. Nothing in this section shall prohibit a member of the Gaming

Board, or other person subject to this section from having a financial interest in any

Gaming business or enterprise operating pursuant to the provisions of this

Ordinance, which interest derives from their status as a Band member, including

any distribution payments derived from profits made by such gaming business or

enterprise.

SECTION 205. POWERS OF GAMING BOARD.

(a) The Gaming Board may exercise any proper power and authority necessary to

perform the duties and discharge the responsibilities with which the Gaming

Board is charged. Those powers include, but are not limited to, the power to:

(1) Review of all contracts to:

(A) Determine whether the transaction documents are a contract;

(B) Determine whether the contract is or is not related to Gaming, and if

related to Gaming, whether it is subject to the provisions of this

Ordinance; and

(C) Determine whether the non-Tribal party to the contract must be

licensed under the provisions of this Ordinance.

Nothing in this Section shall prevent a Gaming Enterprise from engaging in

a transaction which might involve Gaming related contracts under the

provisions of this Ordinance, or any regulations promulgated hereunder,

but it shall be the duty of the Gaming Enterprise to notify the Gaming

Board of transactions which might be Gaming related, and request of the

Gaming Board a determination regarding whether the transaction is or is

not a gaming related contract.

(2) Consult with Tribal General Legal Counsel to advise the Gaming Board as

needed.

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(3) To promulgate such regulations as are deemed necessary for the purpose to

giving effect to the provisions of this Ordinance, including but not limited

to:

(A) substantive rules concerning: the conduct, operation, and

oversight of gaming activities; the maintenance of gaming

equipment; and any other matters with which the Gaming Board

must deal to fulfill its responsibilities and which are deemed

necessary by the Gaming Board to further compliance with this

Ordinance; and

(B) procedural rules concerning: the conduct of hearings; the

administration of the daily affairs of the Gaming Board;

investigations and inspections of gaming, or persons involved with

or licensed in connection with Gaming; the processing and

disposition of complaints which may be received by the Gaming

Board from members of the Band or the general public regarding

matters within the authority of the Gaming Board; and any other

rules deemed necessary by the Gaming Board to further compliance

with this Ordinance;

(4) To consider the resolution any disputes between the public and the Band

with regard to any gaming activities licensed pursuant to this Ordinance.

SECTION 206. DUTIES OF GAMING BOARD.

(a) It shall be the responsibility of the Gaming Board to ensure that all duties of the

Gaming Board are discharged in a manner which assures compliance with this

Ordinance and all other applicable laws of the Red Lake Band of Chippewa

Indians, the United States, and the Tribal/State Compact. The duties of the

Gaming Board shall include:

(1) Inspection and examination of all premises where Gaming is conducted or

gaming devices or equipment are sold or distributed;

(2) Review of all contracts to:

(A) determine whether the transaction documents are a contract; and

(B) determine whether the contract is or is not related to gaming, and,

if related to gaming, whether it is subject to the provisions of this

Ordinance; and

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(C) determine whether the non-Tribal party to the contract must be

Licensed under the provisions of this Ordinance.

Nothing in this Section shall prevent a Gaming Enterprise from engaging in

transactions which might involve a Gaming related contract under the

provisions of this Ordinance, or the regulations promulgated hereunder,

but it shall be the duty of the Gaming Enterprise to notify the Gaming

Board of such a transaction and request from the Gaming Board a

determination that the transaction is or is not a Gaming related contract.

(3) Requiring, and causing to be conducted annually, outside independent

audits of all Gaming activity as required by IGRA and submitting such

audits to the National Indian Gaming Commission pursuant to 25 C.F.R. §

522.4 (b)(3); requiring, and causing to be conducted annually, outside audits

of all contracts related to the conduct of Gaming, with the exception of those

contracts for legal and accounting services, whether those contracts be for

supplies, services, concessions or other subject matter which the Gaming

Board determines to be related to Gaming, and which are for a contract

amount in excess of $25,000.

(4) Promulgation of such substantive and procedural regulations as the

Gaming Board deems necessary to administer the provisions of the

Ordinance, but only upon thirty (30) days notice of the proposed

rulemaking action, which shall be provided to all eligible voting members

of the Tribal Council not serving on the Gaming Board, posted at the Band

Tribal offices, and provided in written form to the board of directors! or

general manager of any Licensed Gaming Establishment.

(A) The notice shall specify the purpose of the proposed regulation, the

draft language of the proposed regulation, and the factors the

Gaming Board has considered in its determination to enact the

proposed regulation, and an address at which the Gaming Board

shall receive comments pursuant to the provisions of (B), below;

(B) During the notice period the Gaming Board shall receive comments

regarding the proposed regulation at the Gaming Board offices, or at

a designated mailing address.

(C) The comments received by the Gaming Board shall be considered by

the Gaming Board at a meeting open to the public, and the Gaming

Board shall make a final determination regarding the need for the

proposed regulation, the language of the proposed regulation, and

the effective date of the proposed regulation on the basis of all the

information available to the Gaming Board. Any final determination

of the Gaming Board shall be recorded in writing.

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(5) Consultation with Tribal General Legal Counsel to advise the Gaming

Board as needed;

(6) Hearing of and considering for resolution any dispute between members of

the public and the Band with regarding to gaming activities licensed

pursuant to the terms of this Ordinance.

(7) Defending this Ordinance in any court with proper jurisdiction or before

any federal agency, however, any reference herein to legal action shall not

be deemed a waiver of the Bands sovereign immunity from suit.

(8) Proposing an annual budget for Gaming Board operations pursuant to the

provisions of this Ordinance; remuneration to or salaries for the Chairman

of the Gaming Board and Gaming Board members shall be set by the

Tribal Council acting as the Tribal Council and such amount shall be

reflected in the proposed budget.

(9) The performance of any other duties required in the Ordinance or any

amendments thereto.

SECTION 207. PLAN OF ORGANIZATION, DELEGATION OF AUTHORITY.

(a) The Gaming Board may organize any functional committees or divisions from

among its members as may be necessary, and may from time to time alter such

plan of organization as may be expedient, and may delegate all powers vested in

the Gaming Board by this Ordinance, with the exception of the power to vote, to

the divisions or committees so formed.

SECTION 208. VIOLATIONS AND SANCTIONS.

(a) Any person who engages in Gaming or Gaming related activities on property

subject to the provisions of this Ordinance without a gaming license, or in

violation of the terms imposed by a Gaming License, or in violation of the terms

of a suspension imposed by the Gaming Board on that Gaming License, or in

violation of any other provision of this Ordinance and regulations promulgated

hereunder, or amendments hereto, shall be in violation of the Ordinance. This

provision shall apply to any person who is upon any premises licensed by this

Ordinance without the consent of the licensee and/or the Gaming Board.

(b) Violation of any provision of this Ordinance or any of the Gaming Boards

Regulations by a Licensee, his or her agent, or employee:

(1) Shall be deemed contrary to the public safety, good order, and general

welfare of the Band and its members;

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(2) May be grounds for refusing to grant or renew a License, or for

suspension or revocation of a license;

(3) May be grounds for filing a complaint with the National Indian Gaming

Commission, may be grounds for filing criminal charges and/or a civil

action in a court of competent jurisdiction on behalf of the Gaming Board;

and

(4) In the case of a licensee being convicted of a felony, shall be grounds for

immediate revocation of the License.

(c) Acceptance of a License or renewal thereof or condition imposed thereon by a

Licensee constitutes agreement on the part of the Licensee to be bound by all the

regulations and! or conditions of the Gaming Board and by the provisions of this

Ordinance, and the regulations promulgated hereunder, and as the same may

informed of the contents of all such regulations, provisions, and conditions, and

ignorance thereof will not excuse the violations.

(d) Any person in violation of this Ordinance shall be subject to sanctions under this

Ordinance. The following provisions shall govern the response of the Gaming

Board to violations:

(1) Each day of violation may constitute a separate count or violation of this

Ordinance. Separate violations shall be heard as separate offenses before

the Gaming Board and/or prosecuted by a court of appropriate

jurisdiction;

(2) All property used in each and every separate violations of this Ordinance

may become the property of the Band. All property used in each and

every separate violation of this Ordinance may be subject to forfeiture

following a hearing;

(3) Violators may also be required to pay court costs, storage fees, and

auction or sales fees;

(4) Persons may be excluded or ejected from Gaming Enterprises or

prohibited from trespassing on premises licensed under this Ordinance,

and may be subjected to civil penalties or sanctions for violating any

provision of this Ordinance;

(5) Licenses may be suspended, revoked, or limited and/or Gaming

Establishments my be forcibly closed;

(6) Winnings found to have been received in violation of this ordinance may

be confiscated and may, following a hearing, be forfeited and become the

property of the Band;

17
(7) Civil penalties may be imposed as additional sanctions, in the amounts

prescribed and in accordance with the hearing procedures set forth in the

Ordinance.

(e) Any of the above actions may be taken at the discretion of the Gaming Board.

SECTION 209. CIVIL PENALTY PROVISIONS.

(a) It shall be a civil violation of the laws of the Red Lake Band of Chippewa Indians

to disobey the provisions of this Ordinance or any regulations promulgated by the

Gaming Board, or any proper order issued under the authority of this Ordinance.

Any person or Licensee found to be guilty of such violation may be assessed a civil

penalty. Civil penalties may be imposed pursuant to and in compliance with the

provisions of this Ordinance, and any regulations promulgated by the Gaming

Board under the authority provided in this Ordinance. Civil penalties may be

imposed in addition to the imposition of any other sanctions permitted under this

Ordinance, including but not limited to suspension or revocation of the Gaming

License for a period not to exceed one year. Civil penalties may be imposed up to

the amount of $25,000.00 for each individual violation, exclusive of any restitution.

SECTION 210. EXCLUSION OR EJECTMENT OF CERTAIN PERSONS FROM

GAMING ESTABLISHMENT.

(a) Exclusion or Ejection of Persons Permitted The Band hereby declares that the

exclusion or eject-ment of certain persons from licensed gaming establishments,

facilities, enterprises or places is necessary to carry out the policies of this

Ordinance and to maintain the health, welfare, safety and security of the public,

as well as to protect the integrity of gaming conducted on land owned by the

Band.

(b) Notice To Gaming Enterprise In the furtherance of the policies of this section the

Gaming Board may provide for any Gaming Enterprise, facility, or place, a list of

persons who are not permitted to enter or be on the premises, and who may be

forcibly excluded or ejected therefrom, including any person whose presence poses

a threat to the Band or to the integrity of licensed gaming conducted on Bandowned land. Upon a finding that a person should be excluded or ejected for any of

the reasons specified in Section 215, the Gaming Board shall provide the Gaming

Enterprise with a picture of that person, if available, with a written description of

thai: person, together with written notice that the person shall not be permitted

to enter or be on the premises of any Gaming Enterprise, and who, upon

identification by the Gaming Enterprise, shall be forcibly ejected or excluded

therefrom.

(c) ExcLusion by Gaming Enterprise The Licensee of any Gaming Establishment,

through the manager of such Gaming Establishment, may independently make a

finding that any person should be excluded or ejected for any of the reasons

18
specified in Section 215, and may act to exclude or eject such persons, provided

that any person so ejected shall be provided with written notice of the right to

a hearing to appeal such action to the Gaming Board.

SECTION 211. FACTORS TO BE CONSIDERED BY THE GAMING BOARD IN

MAKING ITS DETERMINATION TO EXCLUDE.

(a) In making its determination regarding exclusion or ejectment from a gaming

facility, place, establishment, or enterprise the Gaming Board shall consider:

(1) That persons prior conviction for a felony, a misdemeanor involving

moral turpitude (relating to moral character or integrity), or a violation of

the Gaming Laws of any Indian Tribe, State, or of the United States;

(2) Any Violation or attempt to violate, or conspiracy to violate the provisions

of this Ordinance relating to the disclosure of an interest in a Gaming

Enterprise;

(3) Failure to disclose information required by the license application, or any

effort to evade taxes or fees associated with the conduct of Gaming; and

(4) Any reputation for behavior which would adversely affect the public

confidence in the Gaming Enterprise and trust that the Gaming industry is

free from criminal or corrupting influences.

(5) Disorderly conduct, an act which intentionally alarms, angers, or disturbs

others, provokes an assault or breach of peace. Or any attempt to

manipulate or tamper with any Gaming equipment or alter or distort the

normal conduct of any game, or to conspire with any other person for such

purposes.

SECTION 212. NOTICE OF EXCLUDED PERSONS.

(a) When the name and description of a person is placed on the List of excluded

persons, the Gaming Board shall, if possible, give notice of the action to that

person by at least one of the following means:

(1) By personal service;

(2) By certified mail to the last known address of the person.

SECTION 213. APPEAL.

(a) Persons against whom action has been taken pursuant to Section 208 through 210

by the Gaming Board and who have been heard before the Gaming Board may

appeal the Gaming Boards decision to the Red Lake Band of Chippewa Indian

Tribal Court. In all appeals before the Tribal Court, there will be deference given

by the Tribal Court to the determination of the Gaming Board as the agency

19
charged with responsibility for interpreting its own regulations. Findings of fact

made by the Gaming Board may be certified for review by the Tribal Court.

(b) Conclusions of law made by the Gaming Board shall be reviewed de novo by the

Tribal Court, that is, as though the Tribal Court were hearing the matter for the

first time. The Tribal Court will overturn actions of the Gaming Board only where

it can be shown that those actions were arbitrary and capricious, or were clearly an

abuse of the Gaming Boards discretion. In all cases, the evidentiary standard on

review shall be a preponderance of the evidence standard.

SECTION 214. DISPUTES BETWEEN PUBLIC AND BAND.

(a) The Board may receive and consider any complaints from members of the public

with regard to gaming activities licensed pursuant to this Ordinance. The Board

may determine in its discretion whether to consider of any such complaints. If the

Board determines to follow such procedures, it shall inform any complaining party

within five (5) days of making such determination. Nothing in this section places a

requirement on the Board to consider complaints or acts a waiver of the Bands

sovereign immunity from suit.

SECTION 215. NO LIMITATION ON THE NUMBER OF GAMING

ENTERPRISES.

(a) Nothing in this Ordinance shall limit the number of Gaming Enterprises the

Gaming Board can license to conduct Gaming on lands subject to the

governmental control of the Band, pursuant to the provisions of this Ordinance

and IGRA, but in all cases, each separate facility, place, or location shall require a

separate license, issued specifically for that place, facility, or location.

SECTION 220. GAMING COMMISSION.

(a) Establishment of Red Lake Gaming Commission There is hereby established

by the Red Lake Tribal Council a Commission to be known as the Red Lake

Gaming Commission. The Red Lake Gaming Commission shall be composed of

three (3) persons, all of whom shall be selected by the Red Lake Tribal Council.

(b) Qualifications for Office The following persons may serve as Red Lake

Gaming Commissioners:

(1) Must be at least thirty (30) years of age;

(2) Must not have been convicted, found guilty, or pled guilty to any Felony

charge.

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(c) Restrictions for Gaming Commissioners

(1) The Gaming Commissioners and Staff shall not be allowed to participate

in any gambling activity at any Red Lake Gaming Facility.

(d) Disgualifications for Office The following persons may ~jQ~ serve as Red

Lake Gaming Commissioners:

(1) Employees of any Red Lake Gaming Enterprise;

(2) Persons related to any Gaming contractor (including any principal thereof

or closely associated independent contractor);

(3) Persons having any interest in or responsibility for, either directly or

indirectly, any gaming related contract with the Council or any Gaming

Enterprise of the Red Lake Band of Chippewa Indians.

(e) Terms of Office The Commissioners shall serve for three-year terms, except

that upon initial enactment of this Act, one (1) of the Commissioners shall serve

for two (2) years, and two (2) of the Commissioners shall serve for three (3) years.

The respective term for each Commissioner shall be designated in their

appointment. Commissioners may serve for more than one (1) term.

(f) Removal From Office Commissioners may be removed from office pursuant

to Section 201 of this Ordinance, and shall be consistent with removal provisions

applicable to Gaming Board Members.

(g) Quorum Two (2) members of the Gaming Commission shall constitute a

quorum.

(h) Officers and Duties The Gaming commission shall select, by majority

vote, a Chairperson, Vice-Chairperson and Secretary. The Chairperson shall

preside over meetings of the Gaming commission and the Vice-Chairperson shall

preside in absence of the Chairperson. The Secretary shall record in writing the

minutes of all Gaming Commission meetings and all official actions taken by the

Gaming Commission. Officers shall serve for one-year terms and may not serve

in the same position for two consecutive years.

(i) Voting All actions of the Gaming commission shall be taken by majority

vote. The Commission Chairperson may vote on any issue.

(j) Meetings Meetings shall be held at least once per month. Additional

meetings shall be held as called by the Chairperson or by at least two (2)

Commissioners. Notice of meetings shall be given in writing to each

21
Commissioner, served by first class mail or personal delivery at least five (5)

business days prior to such meeting.

(k) Compensation for Serving and Reimbursement of Expenses Commissioners

shall be compensated at a rate approved by the Red Lake Tribal Council per

annual budget. Commissioners shall be reimbursed for expenses incurred in

connection with the performance of their Commission duties.

(1) Powers and Duties The Red Lake Gaming Commission shall have the

power and duty to:

(1) Inspect, examine and monitor gaming activities, including the power to

demand access to and inspect, examine, photocopy and audit all papers,

books and records respecting such gaming activity;

(2) Investigate any suspicion of wrongdoing in connection with any gaming

activity;

(3) Conduct or cause to be conducted such investigations as may be necessary

to determine in connection with any gaming activity, compliance with law

or this Act or any contracts, agreements, goods, services, events, incidents,

or other matters related to gaming activities;

(4) Establish and collect license, investigation, and regulatory fees to cover the

costs connected therewith;

(5) Conduct background investigations regarding any person or entity in any

way connected with any gaming activity and issue licenses to, at

minimum, all qualified gaming enterprise key employees and primary

management officials under requirements at least as stringent as those

established in 25 CFR Parts 556 and 558; and grant, suspend, revoke, and

renew licenses and hear and decide matters affecting such granting,

suspension, revocation, or renewal of license;

(6) Hold such hearings, sit and act at such times and places, summon persons

on the reservation to attend and testify at such hearings, take such

testimony, and receive such evidence as the Gaming Commission deems

relevant in fulfilling its duties;

(7) Administer oaths or affirmations to witnesses appearing before the

Gaming Commission;

(8) Implement and administer a system, including the promulgation of

regulations, for investigating, licensing and monitoring management,

employees, vendors and others connected with gaming activities,

22
including the issuance of license to gaming facilities, individuals and

entities and the verification of internal controls, as required under this Act,

IGRA, and any Tribal-State compact.

(9) Promulgate rules for any Class II and Class III gaming activities on the

Red Lake Reservation, except that rules shall not be in conflict with rules,

if any, adopted under any Tribal-State compact.

(10) Issue such other regulations as it deems appropriate in order to implement

the provisions of this Act; and

(11) Carry out such other regulatory duties with respect to gaming activities as

the Red Lake Tribal Council shall direct.

(12) Authority to employ and/or discharge Red Lake Gaming Commission

Staff as necessary.

(m) Annual Report On or before the last day of the third month after the close of

the Tribes fiscal year of each year, the Gaming Commission shall provide to the

Red Lake Tribal Council an Annual Report summarizing its activities during the

prior fiscal year, and accounting for all receipts and disbursements.

(n) Funding All funding of the Red Lake Gaming commission shall be pursuant

to an Annual Budget to be proposed to the Red Lake Tribal Council ninety (90)

days prior to the close of the Tribes fiscal year and modified, if necessary, and

approved and funded in accordance with the Tribes procedures for approving

and funding budgets for other departments and agencies of the Red Lake Tribal

Council. In preparing the Annual Budget, all actual and anticipated surplus

funds of the Gaming Commission shall be taken into account. Expenditures by

the Gaming Commission shall be in accordance with the approved Annual

Budget. Changes in the approved Annual Budget and requests for additional

funds shall be by petition to the Red Lake Tribal Council.

(o) Gaming Commissions Relationship to Red Lake Tribal Council

(1) Agency of Tribal Council The Red Lake Gaming Commission shall be

deemed to be an agency of the Tribal Council and as such shall be subject

to personnel and other Tribal Council administrative policies. The

administration of all such policies shall be under the supervision of the

Red Lake Tribal Council.

(2) Independent Decision-Making Authority Notwithstanding the fact

that the Red Lake Gaming Commission is an agency of the Red Lake

Tribal Council, the decisions of the Commission regarding licensing,

suitability, compliance with applicable law and other regulatory matters

23
shall bewithin the exclusive province of the Commission, provided, that

any person or entity adversely affected by a ruling of the Commission,

including but not limited to the gaming enterprise or any employee

thereof, may petition the Tribal Council for review of such decision, which

shall only be reversed by majority vote at a duly held Regular or Special

Council meeting at which such matter has been placed on the agenda.

TITLE III. LICENSING

SECTION 300. LICENSE REQUIRED FOR GAMING ENTERPRISES AND

DISTRIBUTION OF GAMING EQUIPMENT.

(a) Any person, organization, or entity (including Primary Management Officials and

Key Employees) conducting a public Gaming Enterprise on behalf of the Band in

which are conducted Class II and Class Ill gaming activities, or acting as the agent

or employee of such person, organization or entity, on property which is subject to

the jurisdiction of the Band, or any person organization, or entity selling, leasing,

ore otherwise distributing gambling equipment or video games of chance to the

Band, shall be required to have and display prominently, or display upon request,

an appropriate, valid, and current Band public Gaming License issued pursuant to

the provisions of this Ordinance. Such License shall also be required for each

facility, place, establishment, or enterprise where Gaming is conducted. Any other

form of public Gaming operations being conducted within the jurisdiction of the

Band without the lawful written approval of the Gaming Commission is

prohibited.

SECTION 301. APPLICATION NECESSARY FOR PUBLIC GAMING

ACTIVITIES.

(a) Except as provided in Section 317, all persons or organizations who may seek to

engage in public gaming activities within the jurisdiction of the Band, whether

Class II or Class III gaming activities, must apply to the Gaming Commission for

the appropriate license in accordance with the provisions of Section 302 and! or

303, at least thirty (30) days prior to commencing the scheduled activities, and the

Gaming Commission must conduct or cause to be conducted a background

investigation in accordance with the provisions of Section 304, but the Applicant

shall not begin the scheduled activity until the Gaming Board has forwarded to the

National Indian Gaming Commission a completed application, and until such

activity is Licensed, or is approved in writing by the Gaming Commission,

pending final License approval.

SECTION 302. APPLICATION FOR GAMING ENTERPRISE.

24
(a) The License application for any Gaming Enterprise made by the proposed

gaming operator for that Gaming Enterprise shall contain for following

information:

(1) The name and location of the Gaming Enterprise for which the Gaming

operator License is being sought, the number and types of games to be

played, a detailed plan of any proposed construction, the number of

planned employees;

(2) The full name, other names used (oral or written), social security

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

(spoken or written) and address of the Gaming operator(s), or if the

Gaming Enterprise is a tribally operated facility, the foregoing information

concerning each member of the board of directors;

(3) The full name(s), other names used (oral or written), social security

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

languages (spoken or written), and addresses of all Interested Parties

(including those with direct or indirect financial interests) and their

interest and connection with the Applicant;

(4) For the current year and previous five years for all operators and

Interested Parties: business and employment positions held, ownership

interests in those businesses, business and residence addresses, and drivers

license numbers;

(5) Current business and residence telephone numbers for all operators and

Interested Parties;

(6) A description of any previous business relationships with Indian tribes,

including ownership interests in those businesses, provided by all

operators and Interested Parties;

(7) A description of any previous business relationship with the Gaming

industry generally, including ownership interests in those businesses

provided by all operators and Interested Parties;

(8) All operators and Interested Parties must provide 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, and if granted, whether it was ever

suspended or revoked;

(9) For each felony for which there is an ongoing prosecution or conviction,

if any, the charge, the name and address of the court involved, and the

date and disposition, together with detailed and explicit information of

25
any criminal record of the Gaming operator and any Interested Party

whose name appears on the application to determine whether that person:.

(A) Has committed a felony or Gaming offense in any jurisdiction;

(B) Has engaged in prior activities or maintains habits or associations

affecting his or her present conduct which would:

(1) Pose a threat to the public and Band interests;

(ii) Threaten the effective regulation and control of Band

Gaming;

(iii) Enhance the dangers of unsuitable, unfair, or illegal methods,

or activities in the conduct of Gaming.

(10) For each misdemeanor conviction or ongoing misdemeanor prosecution

(excluding minor traffic violations), if any, within 10 years of the date of

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

and disposition;

(11) A photo of the operator, the operators fingerprints, and a photo of each

Interested Party;

(12) The name and address of all proposed or actual ancillary contractors who

provide supplies, services, concessions or property to the proposed

Gaming operator;

(13) A financial statement of the Applicant, and financial statements of all

Interested Parties; and

(14) Any additional information as may be deemed necessary by the Gaming

Board, or as may be required by the National Indian Gaming Commission

(b) Any of the requirements to provide the foregoing information may be waived by

the Gaming Commission for good cause shown. Any action by the Gaming

Commission to waive any of the requirements provided for in this section shall be

recorded in writing by resolution or inclusion in the minutes of any Gaming

Commission meeting.

SECTION 303. APPLICATION AND INVESTIGATION REPORT FOR PRIMARY

MANAGEMENT OFFICIALS AND KEY EMPLOYEES.

(a) The License Application for Primary Management Officials and Key Employees

of any Gaming Enterprise or Operator of the Band shall contain the following statement:

26
In compliance with the Privacy Act of 1974, the following

information is provided. Solicitation of the information on

this form is authorized by 25 U.s.c 2701 et seq. The

purpose of the requested information is to determine the

eligibility of individuals to be employed in a gaming

operation. The information will be used by National Indian

Gaming Commission members and staff who have a 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 prosecution or when pursuant

to a requirement by the Red Lake Band of Chippewa Indians

Gaming Commission or the National Indian Gaming

Commission in connection with the hiring or firing of an

employee, the issuance of revocation of a gaming license, or

investigations of activities while associated with the Red lake

Band of Chippewa Indians Gaming Commission or a

gaming operation. Failure to consent to the disclosures

indicated in this notice will result in the Red Lake Band of

Chippewa Indians 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.

(b) The licensing application shall contain the following notice:

A false statement on any part of your application may be

grounds for not hiring you, or for firing you after you begin

work. Also, you may be punished by fine or imprisonment

(U.S. Code, Title 18, section 1001).

(c) The Licensing application shall require the following information to be furnished

by the applicant before consideration shall be given to the application by the

Gaming Commission:

(1) The full name, other names used (oral or written), social security

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

(spoken or written);

(2) Currently and for the previous 5 years: Business and employment

positions held, ownership interest in those businesses, business and

residence addresses, and drivers license numbers;

27
(3) The names and current addresses of at least three personal references,

including one personal reference who was acquainted with the applicant

during each period of residence listed under paragraph (4) of this section;

(4) Current business and residence telephone numbers;

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

Indian tribes, including ownership interests in those businesses;

(6) A description of any existing and previous business relationships with the

gaming industry generally, including ownership interests in those

businesses;

(7) 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;

(8) For each felony for which there is an ongoing prosecution or a conviction,

if any, the charge, the name and address of the court involved, and the

date of disposition;

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution

(excluding minor traffic violations), if any within 10 years of the date of

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

and disposition;

(10) 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 other provisions

of this section, the criminal charge, the name and address of the court

involved and the date and disposition.

(11) The name and address of any license 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;

(12) A photograph;

(13) The fingerprints of the applicant; and

(14) Any additional information as may be determined by the Gaming Board.

SECTION 304. BACKGROUND INVESTIGATION.

(a) The Gaming Commission shall conduct or cause to be conducted an investigation

sufficient to make a determination that a relationship with any license applicant

under investigation does/does not pose a threat to the public interest or to the

28
effective regulation of gaming, or creates or enhances the dangers of unsuitable,

unfair, or illegal practices and methods and activities in the conduct of Gaming.

In conducting a background investigation, the Gaming Commission or its

licensed agents shall promise to keep confidential the identity of each person

interviewed in the course of the investigation.

(b) The Gaming Commission shall conduct such background investigations with the

assistance of the Red Lake Band of Chippewa Indians Police Department. All

fingerprints required to be submitted to the Gaming Commission pursuant to the

terms of this Ordinance shall be taken by or under the supervision of the Red

Lake Band of Chippewa Indians Police Department.

(c) All background investigations done hereunder shall include a check of Federal

Bureau of Investigation criminal history records.

(d) If the National Indian Gaming Commission and/or the Gaming Commission

passes an investigative report for an employee, the Gaming Commission may

update that report instead of performing an entirely new investigation.

(e) The provisions of this Section shall apply to all members of the Gaming

Commission, and to any employee, agents or members of committees of the

Gaming Commission.

SECTION 305. REPORT FOR NATIONAL INDIAN GAMING COMMISSION,

STATE OF MINNESOTA FOR CLASS II AND CLASS III

GAMING APPLICATIONS AND INVESTIGATION REPORTS

FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT

OFFICIALS.

(a) Before issuing a Gaming License to any person, organization or entity, including

Management Officials and Key Employees, the Gaming Commission shall

forward to the National Indian Gaming Commission a completed application

containing the information listed under Section 302 or 303 of this Ordinance, as

applicable, together with an investigative report pursuant to Section 304 which

shall include all the following:

(1) Steps taken in conducting a background investigation;

(2) Results obtained;

(3) Conclusions reached; and

(4) The bases for those conclusions.

(b) When the Gaming Commission forwards a report to the National Indian Gaming

Commission, it shall include a copy of the determination that the potential

employee did not pose any threat defined in Section 304.

29
(c) Copies of the Background Investigation conducted by or at the direction of the

Gaming Commission shall be forwarded to the State of Minnesota, in accordance

with the terms of the Compacts between the Band and the State.

SECTION 306. TEMPORARY EMPLOYMENT AUTHORIZATION.

(a) On the basis of the completed License application and any other available

information, the Gaming Commission shall make a preliminary finding

concerning the eligibility of a Key Employee or a Primary Management Official

for employment in a Gaming operation. If the Gaming Commission, in applying

the standards adopted in this Ordinance, determines that employment of a

person under investigation 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 and methods and activities in the conduct of gaming, the Gaming

Commission shall not issue a temporary employment authorization to the

individual, and a management contractor or a Tribal Gaming operation shall not

employ that person in a Key Employee or Primary Management Official position.

(b) If the Gaming Commission, after consideration of the appropriate information,

judged by the relevant standards as defined in this Ordinance and IGRA, and the

rules and regulations promulgated pursuant thereto, determines that the

Applicant is sufficiently qualified to be employed, the Gaming Commission shall

issue a temporary employment authorization. Such authorization shall be good

for a period not to exceed ninety (90) days, shall be granted only to identify and

monitor the individual Applicant pending a determination by the National

Indian Gaming Commission of the Applicants suitability for a permanent

license, and is revocable upon completion of the background investigation of the

individual applicant if the Gaming Commission determines that the results of the

background investigation warrant such revocation. Such temporary

employment authorization, and the privilege of employment which it permits, is

in all cases revocable if the National Indian Gaming Commission determines the

applicant is unsuitable for licensing. The individual may begin employment

upon receipt of the temporary employment authorization.

(c) Those individuals employed in a Gaming Enterprise as of the effective date of

this Ordinance shall be issued a temporary employment authorization under this

Section, and shall comply with the requirements of this Ordinance pertaining to

them. The necessary background checks of such individuals shall be conducted

or examined, as appropriate, and License applications, together with the

necessary background checks, shall be forwarded by the Gaming Commission to

the National Indian Gaming Commission as required under the provisions of

IGRA and the regulations adopted pursuant thereto.

30
SECTION 307. LICENSING REQUIREMENTS AND PROCEDURES FOR

PRIMARY MANAGEMENT OFFICIALS AND KEY

EMPLOYEES.

(a) In anticipation of issuing Licenses required under Section 300 of this Ordinance,

the following procedures must be performed before a Primary Management

Official or a Key Employee may be licensed.

(b) When a Primary Management Official or Key Employee begins work at a gaming

operation, the Gaming Commission shall:

(1) Forward to the National Indian Gaming Commission a completed

application for employment that contains the information listed in Section

303 of this Ordinance; and

(2) Conduct a background investigation under Section 304 of this Ordinance

to determine the eligibility of the employee for continued employment in

a Gaming operation.

(3) Upon completion of a background investigation and a determination of

eligibility for employment in a Gaming operation under paragraph (b)(2)

of this Section, the Gaming Commission shall, pursuant to the provisions

of Section 305 of this Ordinance, forward a report to the National Indian

Gaming Commission within 60 days after the employee begins work. A

Gaming operation shall not employ a person as a Key Employee or

Primary Management Official who does not have a license after 90 days,

but in all cases the Gaming Commission shall act to grant or deny the

License within the ninety (90) day period.

(4) During a 30-day period beginning when the National Indian Gaming

Commission receives a report submitted under paragraph (b)(3) of this

Section, the Chairman of the National Indian Gaming Commission may

request additional information from the Gaming Commission concerning

an employee who is the subject of such report. Such a request shall

suspend the 30-day period until the Chairman receives the additional

information.

(5) If, at the conclusion of the 30-day period described under paragraph (b)(4)

of this Section, the National Indian Gaming Commission has not notified

the Gaming Commission that it has any objections, the Gaming

Commission may issue the license, pursuant to Section 308 of this

Ordinance.

(6) The information required to be presented to the National Indian Gaming

Commission by (b)(1), (b)(2), and (b)(3) of this section shall also be

forwarded to the Commissioner of Public Safety for the State of

31
Minnesota, pursuant to the terms of the Tribal-State Compact on Video

Games, and pursuant to the terms of the Tribal-State Compact on

Blackjack.

SECTION 308. GRANTING LICENSES TO KEY EMPLOYEES AND PRIMARY

MANAGEMENT OFFICIALS.

(a) At the end of the 30-day period described under paragraph (b) of Section 307 of

this Ordinance, or upon receipt of the National Indian Gaming Commissions

report described under paragraph (b)(5) of Section 307, the Gaming Commission

may:

(1) Grant a Gaming License to a Primary Management Official or a Key

Employee who is eligible for continued employment in a Gaming

operation; or

(2) Terminate the employment of an employee as a Key Employee or a

Primary Management Official;

(b) In all cases, the Gaming Commission shall be required to act on the license

application within thirty (30) days of the receipt of the information from the

National Indian Gaming Commission, or, if no information has been provided

within the thirty (30) day period set forth in Section 307 (b)(4), then the Gaming

Commission must act within thirty (30) days of the expiration of the thirty (30)

day period referred to in Section 307 (b)(4).

SECTION 309. LICENSE SUSPENSION FOR PRIMARY MANAGEMENT

OFFICIALS AND KEY EMPLOYEES.

(a) If, after the issuance of a Gaming License by the Gaming Commission, the

National Indian Gaming Commission receives reliable information indicating

that an employee is not eligible for employment under Section 304 of this

Ordinance, the National Indian Gaming Commission shall notify the Gaming

Commission. Upon receipt of such notification, the Gaming Commission shall:

(1) Suspend such License and shall notify the Licensee in writing of

suspension and the proposed revocation;

(2) The Gaming Commission shall notify the Licensee of a time and a place

for a hearing on the proposed revocation of her/his License;

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(3) After a revocation hearing, the Gaming Commission shall decide to revoke

or to reinstate a Gaming License. The Gaming Commission shall notify

the National Indian Gaming Board of its decision.

SECTION 310. NOTICE TO EXISTING KEY EMPLOYEES AND

MANAGEMENT OFFICIALS.

(a) The Gaming Commission shall notify existing Key Employees and Primary

Management Officials in writing that they shall either:

(1) Complete a new application form that contains the Privacy Act notice at

Section 303 of this Ordinance; or

(2) Sign a statement that contains the Privacy Act notice (at Section 303 of this

Ordinance) and consent to the routine uses described in that notice.

(b) The Gaming Commission shall also notify existing Key Employees that they shall

either:

(1) Complete a new application form that contains the notice regarding false

statements contained in Section 303 of this Ordinance; or

(2) Sign a statement that contains the notice regarding false statements (at

Section 303 of this Ordinance).

SECTION 311. RETENTION OF APPLICATIONS FOR EMPLOYEES OF A

GAMING OPERATION OTHER THAN KEY EMPLOYEES AND

PRIMARY MANAGEMENT OFFICIALS.

(a) The Gaming Commission shall retain applications for employment and reports

(if any) of background investigations for inspection by the Chairman of the

National Indian Gaming Commission or her or his designee for at least the term

of employment but in no event less that three (3) years from the date of hire.

SECTION 312. APPLICATION FOR DISTRIBUTORS OF VIDEO GAMES OF

CHANCE AND GAMING EQUIPMENT.

(a) The License application for any person, organization or entity wishing to sell,

lease or otherwise distribute Gaming equipment and/or video games of chance

to the Band shall contain the following information:

(1) The name(s) and mailing address(es) of the person or entity making the

application;

(2) The name and addresses of all Interested Parties (including those with

direct or indirect financial interests) and their interest and connection to

the applicant;

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(3) The nature of the License applied for; the type of activity to be engaged

in under the License;

(4) Explicit and detailed disclosure of any criminal record, including any

delinquent taxes owed to the State of Minnesota, of the applicant, any

person involved in the organization, and any Interested Party whose

name appears on the application;

(5) Whether the Applicant has been properly Licensed by the State of

Minnesota pursuant to Minnesota Statute section 349.161; or proof of

being the holder of a current and valid distributor or manufacturer

License from the State of Minnesota, or the State of New Jersey, or the

State of Nevada, or the State of South Dakota;

(6) Whether the Applicant has ever had a distributor or manufacturer License

revoked or suspended by the state that issued the license and, if so, the

circumstances surrounding the states action;

(7) A statement of waiver allowing the Band and the State of Minnesota to

conduct a background investigation of the Applicant and any person

whose name is required to appear on the application;

(8) Whether the Applicant or any person whose name is required to appear

on the application maintains any involvement in the business of wholesale

distribution of alcoholic beverages, and

(9) Any additional information necessary to allow the Gaming Commission

or the State of Minnesota to investigate the applicant or any person

included on the application.

SECTION 313. MACHINE LICENSE.

(a) Any person, organization, or entity applying for a Gaming Enterprise license

pursuant to the terms of this Ordinance must obtain from the Gaming

Commission an annual non-transferable license for each video game of chance to

be placed in a Gaming Enterprise operating under the provisions of this

Ordinance.

(b) An application for a License for a video game of chance shall contain the

following information:

(1) The name and address of the Applicant with proof of a current and valid

distributor or manufacturer License issued by a state and the Band;

(2) Identification numbers or codes for each video game of chance placed in

a Band Gaming Enterprise, including the manufacturer, the serial number

and the model number;

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(3) Proof of approval and certification of the machine by an approved gaming

test laboratory or proof that the video game of chance conforms precisely

to the exact specifications of the video game of chance prototype tested

and approved by the Gaming Test Laboratory;

(4) All other information as required by the Tribal-State Compact on Video

Games of Chance;

(5) Upon issuance, the Gaming Commission shall have attached to each video

game of chance licensed under the provisions of this Ordinance, an

unremovable identification plate on the exterior cabinet which contains

the information as required by the Tribal-State Compact on Video Games

of Chance.

SECTION 314. CLASSES OF LICENSES.

(a) Upon proper application and approval, the following classes of Licenses may be

issued at the discretion of the Band Gaming Commission (1) (5) herein. Any

Business License issued by the Band, pursuant to Tribal Laws, shall prevail.

(1) Class A License for a Gaming Enterprise in which a Gaming operator

wishes to conduct Traditional Bingo and other games of chance,

including, but not limited to, Video games of chance, Blackjack, or other

Gaming subject to other Compacts at a Band Gaming Enterprise; the

License shall be site specific, valid for a period of one year and shall have

an application fee of $0.00 which may be waived by the Gaming

Comndssion;

(2) Class B License to any Management Official or Key Employee of either a

Gaming operator or the Band; the License shall be valid for a period of

one year and shall have an application fee of $0.00, which may be waived

by the Gaming Commission;

(3) Class B-i License to any other employee, not licensed as a management

Official or Key Employee, of a Gaming operator or the Band, employed

in a Gaming Enterprise licensed under the provisions of this Ordinance;

the License shall be valid for a period of one year and shall have an

application fee of $0.00, which may be waived by the Gaming

Commission;

(4) Class C License to any Distributor or Manufacturer of Gaming equipment

and/or Video games of chance to be used in a Band Gaming Enterprise;

the License shall be valid for a period of one year and shall have an

application fee of $50.00, payable to the Red Lake Band, pursuant to

Tribal Resolution 231-88;

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(5) Class D license of each Video Game of Chance to used in a Band Gaming

Enterprise; the License shall be valid for a period of one year and shall

have the fee of $0.00, which may be waived by the Gaming Commission.

(6) The Gaming Commission may revise the fees for each class of license

subsequent to an annual review and public hearing. Fees shall not be

reviewed more frequently than on an annual basis. The determination of

the Gaming Commission on license fees shall be final.

(b) In all cases where an individual is required to be Licensed pursuant to the

provisions of this Ordinance, the License fee for that individual shall be paid by

that individual.

SECTION 315. REIMBURSEMENT FOR COSTS OF INVESTIGATION.

(a) Any Applicant for a License under this Ordinance shall pay the Gaming

Commission a reasonable License fee at the time of application, if required. If

additional extraordinary investigation is necessary to determine whether the

Applicant is properly qualified for a License, the Gaming Commission may

require an additional fee, not to exceed the cost of the original fee.

SECTION 316. FRAUD ON APPLICATION.

(a) It shall be unlawful for any Applicant to lie or willfully deceive in the submission

of a License application. The penalty for fraud on application is revocation of the

License. The penalty also includes relevant sanctions pursuant to Section 208 of

this Ordinance.

SECTION 317. EXEMPTIONS.

(a) The following activities are not public Gaming operations under the terms of this

Ordinance and, therefore, do not require a License under this title:

(1) Gaming in which no cash or valuable prizes are won, other than points

for cumulative competitive ratings or places for immediate competitive

rankings, is not subject to the provisions of this Ordinance. However,

gaming for gain which is conducted by a non-profit organization is subject

to the requirements of this Ordinance if cash or valuable prizes are

awarded. Valuable prizes means an object or service worth One

Hundred Dollars ($100.00) or more in fair market value.

(2) Traditional Indian Gaming activity, in the nature of hand games, are not

subject to the provisions of this Ordinance. The Gaming Commission is

hereby authorized to determine on a case-by-case basis, upon request,

whether a particular traditional gaming activity qualifies for the

exemption.

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SECTION 318. LICENSE RENEWAL.

(a) Every Licensee intending to continue engaging in public Gaming activities

within the land subject to the jurisdiction of the Band during the next calendar

year shall apply to the Gaming Commission for renewal of the license at least

sixty (60) days prior to the end of the previous License period.

SECTION 319. LICENSE DISPLAY.

(a) Every Licensed Gaming Operator shall display in a prominent place a current

and valid Red Lake Band of Chippewa Indian License for that location.

SECTION 320. REQUIREMENTS TO MAINTAIN LICENSE.

(a) The following requirements must be met to maintain a valid Gaming License

granted pursuant to this Ordinance:

(1) When a Licensee changes a location of public Gaming activities within the

Red Lake Indian Reservation or land within the Bands jurisdiction, the

Gaming Commission shall, after notification by the Licensee of such

change, issue a corrected License for the balance of the current period

reflecting the new address upon reasonable proof of change of address

and without imposition of an additional License fee.

(2) It shall be unlawful for any Licensee to fail to notify the Gaming

Commission of any new prospective Key Employee, new ancillary

contractor, or new operator. The Gaming Board shall investigate and

provide approval or disapproval of the new Key Employee, contractor, or

operator within thirty (30) days. Any information received by the Gaming

Commission shall be confidential, and shall be disclosed only in

accordance with the provisions of this Ordinance, and the Privacy Act of

1974 and 25 U.S.C. 2701 et seq.

(3) It shall be unlawful for any Licensee to begin the employment of a new

Key Employee, begin the performance of any new contract, or continue to

conduct Gaming under the control of any new operator without the

approval of the Gaming Commission.

(4) It shall be unlawful for any person to possess a firearm or dangerous

weapon on a premises where licensed gaming is allowed, with the

exception of firearms possessed by duly authorized peace officers.

(5) It shall be unlawful for a Gaming Establishment to engage in

pawnbroking or to take goods or materials in hock or to lend money or

engage in similar activity with persons for the purposes of enabling that

person to gamble.

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(6) A Licensee is required to, during normal business hours, maintain his or

her premises open for inspection by the Gaming Commission or its agents,

or any other authorized governmental agency, and to keep its books and

financial records open for similar inspection.

(7) Licensed Gaming Operators and Tribal Gaming Operators must produce,

if possible, at a players request, losing tickets, copies of canceled checks or

other evidence of loss acceptable to the Internal Revenue Service if

requested by the player or contestant at the time the player or contestant

buys a ticket or chance or otherwise enters the game.

(8) Each licensed Gaming Enterprise shall submit or make available to the

Gaming Commission each month a financial report for the previous

months operations. Members of the Tribal Council who wish to examine

the reports may do so during normal business hours at the offices of the

Tribal Council or the Gaming Commission. Such reports shall be signed,

under oath, by a certified public accountant, selected and retained by the

Gaming Board. The report shall contain all information determined by the

Gaming Board and the certified public accountant as necessary to

determine and ensure compliance by the Gaming Enterprise with the

provisions of this Ordinance or any other applicable law. The contents of

the report shall include, but not be limited to the following:

(A) Daily and weekly attendance at bingo;

(B) Gross receipts for each day and week for each Gaming Enterprise;

(C) Names of each employee and the salary or other compensation

paid to each;

(D) The names and addresses of each vendor or contractor receiving

payments in excess of $100.00, and all expenses specifying all

payments to vendors and contractors;

(F) As to each person who wins $1,200 (one thousand two-hundred

dollars) or more, the names, addresses, and social security numbers

of each prize winner and the amount of each winners prize;

(G) All bank deposits made from proceeds of gaming enterprises,

including any interest received on such deposits;

(H) All band withdrawals, and the purpose of each, and all

expenditures including the amount, person or organization paid,

date, and purpose of such expenditures;

(9) The licensed premises shall be open to inspection by the Gaming

Commission or its agents at all times during the regular business hours.

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(10) There shall in all cases be a first hiring preference for Band members, and

a second hiring preference for Native Americans, third preference, other

as required in the Tribal Employment Rights Ordinance.

(11) There shall be no discrimination in operations conducted under the

Gaming License by reason of race, color, creed, or gender preference.

SECTION 321. FEES.

(a) Each application for an initial or renewal License shall be accompanied by

payment of the License fee, if imposed, pursuant to Section 314 herein. The

Gaming Commissions imposition of the License fee properly owed under this

Ordinance shall be final. This fee, if imposed, is for the revocable privilege of

being licensed to engage in public Gaming activities within the jurisdiction of the

Band.

SECTION 322. PAYMENT OF LICENSE FEES.

(a) All License fees collected under authority of the Gaming Ordinance shall be paid

to the Treasurer of the Band and the Treasurer shall place them in a separate

account to be applied to expenses incurred by the Gaming Commission from the

enforcement of this Ordinance.

SECTION 323. NON-TRANSFERABILITY.

(a) The License issued pursuant to the provisions of this Ordinance is valid only for

the person(s) or organizations(s) at the place of business shown on the face

thereof. It is not assignable or otherwise transferable to any other person or

organization or for any other location without the written approval of the

Gaming Commission.

SECTION 324. LICENSE AS A REVOCABLE PRIVILEGE.

(a) The public Gaming Operations License is a revocable privilege, and no holder

thereof shall be deemed to have a part in any vested rights therein or thereunder.

The burden of proving qualifications to hold any License rests at all times on the

Licensee. The Gaming Commission is charged by law with the duty of

continually observing the conduct all Licensees to the end that Licenses shall not

be held by unqualified or disqualified persons or unsuitable person or persons

whose operations are conducted in an unsuitable manner.

SECTION 325. ANNUAL LICENSE REVIEW.

(a) The Gaming Commission shall undertake a review of all Licenses, whether that

License be of a facility, place, operation, person, Primary Management Official, or

Key Employee, which review shall be comparable to that required for initial

employment, and which shall take place annually commencing with the

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anniversary date of employment. This review shall be undertaken in a manner

which ensures compliance with the provisions of the Tribal-State Compacts on

Gaming, and shall be subject to the same requirements, restrictions, and

limitations governing use as is the initial license application and background

investigation conducted in conjunction with the initial licensure.

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SECTION 326. WAIVER OF CERTAIN REQUIREMENTS.

(a) The Tribal Council shall have the authority to waive any requirement for persons

to sit as members of the Gaming Commission.

(b) The Gaming Commission shall have the authority to waive the requirement that

Applicants for licensing under the provisions of this Ordinance have no felony

convictions. The Gaming Commission may waive the requirements where the

Gaming Commission makes a determination that the Applicant has fulfilled the

requirements of the sentence imposed by the Court which exercised jurisdiction

over the case, and where the felony is not gaming related, the Applicant does not

pose a threat to the integrity of gaming, the welfare or safety of the Band or its

guests, and where a period of time has elapsed with no further violations of the

law, which period would lead to the reasonable inference that the person intends

to abide by the law and be a responsible member of society.

(c) The Gaming Commission shall not be permitted to waive the no felony

requirement in those cases where the individual applicant was found guilty of a

felony which was committed against an Indian Tribe, a Tribal government, or a

Tribal entity.

(d) The Gaming Commission may consider as a basis for License denial only those

misdemeanors relating to theft, and may not consider as a basis for License

denial those misdemeanors relating to writing checks drawn on an account

which contained insufficient funds, unless the frequency and amount of such

activity indicates to the Gaming Commission that the individual engaging in the

activity has a flagrant disregard for financial accountability which might render

them unsuited for Licensure. The Gaming Commission shall in no case consider

misdemeanors relating to minor traffic violations as a basis for License denial.

TITLE IV. RULES OF GENERAL APPLICABILITY

SECTION 400. RULES OF GAMING OPERATION.

(a) Each Licensee operating a Gaming Enterprise under a License issued pursuant he

provisions of this Ordinance shall prominently display in writing all rules

pertaining to Gaming activity, including but not limited to Traditional Bingo,

other games of chance, Video Games of Chance, and Blackjack, neat the specific

location where such Gaming activity is conducted; or shall make available a

written list of all such rules to any person making a request for such.

(b) Each Gaming Operator Licensed under the provisions of this Ordinance shall

utilize Gaming rules that are in compliance with the laws of the Band,

Tribal/State Compact, and the United States of America, any Compact and

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specifically the Indian Gaming Regulatory Act of 1988 and any applicable

regulations promulgated by the National Indian Gaming Commission.

SECTION 401. VIDEO GAMES OF CHANCE.

(a) The following requirements shall apply to management and conduct of all Video

Games of Chance within any Gaming Enterprise licensed pursuant to the

provisions of this Ordinance:

(1) No gaming enterprise may own, lease, or operate Video Games of Chance

that have been manufactured by a manufacturer who has not received a

License from the Gaming Commission pursuant to the provisions of Title

III of this Ordinance. The Gaming Commission shall issue Licenses to

manufacturers of Video Games of Chance holding a valid License from the

State of Minnesota, or the State of New Jersey, or the State of Nevada, or

the State of South Dakota.

(2) No gaming enterprise may own, lease, or operate Video Games of Chance

that have been distributed by a distributor that has not received a License

from the Gaming Commission pursuant to the provisions in Title III of this

Ordinance. The Gaming Commission shall issue Licenses to distributors

of Video Games of Chance holding a valid License from the State of

Minnesota, or the State of New Jersey, or the State of Nevada, or the State

of South Dakota.

(3) In the event that the State of Minnesota, or the State of New Jersey, or the

State of Nevada, or the Sate of South Dakota, suspends, revokes, or refuses

to renew a License of a manufacturer or distributor of Video Games of

Chance similarly licensed by the Gaming Commission, such action may be

ground for similar action by the Gaming Commission, which shall

suspend, revoke, or refuse to renew the License issued by the Gaming

Commission to such manufacturer or distributor.

(4) No Video Game of Chance may be purchases, leased or otherwise

acquired by a Gaming Enterprise unless:

(A) The Video Game of Chance is purchases, leased, or acquired from

a manufacturer or distributor licensed to sell, lease, or distribute

Video Games of Chance by the Gaming Commission pursuant to

the provisions of this Ordinance; and

(B) The Video Game of Chance, or a prototype thereof, has been

tested, approved or certified by a Gaming Test Laboratory as

meeting all requirements and standards of the Tribal-State Compact

on Video Games of Chance or other Compacts and applicable

Federal laws or regulations.

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(5) Any Gaming activity involving Video Games of Chance shall be

conducted in strict compliance with the Tribal-State Compact on Video

Games of Chance.

SECTION 402. RESTRICTIONS FOR GAMING ENTERPRISES.

(a) Each Licensee Operating a Gaming Enterprise under a License issued pursuant

to the provisions of this Ordinance must at all times observe the following

restrictions on Gaming activities:

(1) Except as herein provided, no person shall be extended credit for Gaming

by any Gaming Enterprise. This restriction shall not apply to credits won

by players who activate play on video games of chance after inserting

coins or currency into the game, and shall not restrict the right of a

Gaming Enterprise to offer check cashing or to install or accept bank card

or credit card transactions in the same manner as would be normally

permitted at any retail business within the State of Minnesota.

(2) No person below the age of eighteen (18) years on the date of Gaming

shall knowingly be permitted to participate in the Gaming in any Gaming

Enterprise licensed under the provisions of this Ordinance. If any person

below the age of eighteen (18) years plays and otherwise qualifies to win

any prize, the prize shall not be paid, and in all cases, upon demand, the

estimated amount wagered during the course of any game played by such

person shall be returned to the player.

(3) No firearms or air guns which are capable of discharging dangerous

projectiles or gases including, but not limited to, bbs or C02 guns,

rifles, shotguns, pistols, or revolvers, shall be allowed on the premises

except as permitted for security by an employed security force or other

city, state, or federal law enforcement officers in the course of their official

duties.

(4) The construction, maintenance and operation of any gaming enterprise

shall be in compliance with all applicable environmental and public health

laws in order to adequately protect the environment and the public health

and safety.

TITLE V. INDIAN GAMING REGULATORY ACT

SECTION 500. POLICY.

(a) It shall be the policy of the Band to fully comply with all applicable U.S. federal

law, to include the provisions of the Indian Gaming Regulatory Act (25 U.S.C.

section 2701 et seq.), and to comply with all applicable State law as defined in

the Tribal-State Compact on Video Games of Chance, the Tribal-State Compact

43
on Blackjack, and other Compacts, if any, in the conduct of all gaming activity

within the jurisdiction of the Band.

SECTION 501. PROPRIETARY INTEREST.

(a) The Red Lake Band of Chippewa Indians shall have the sole proprietary interest

and responsibility for the conduct of any gaming activity, whether Class II or

Class III, as those terms are defined by the Indian Gaming Regulatory Act of

1988, 25 U.S.C. 2703(7), (8), within the jurisdiction of the Band.

SECTION 502. NET REVENUES.

(a) Net revenue derived from Gaming activity shall be utilized for the following

purposes:

(1) To fund Band government operations or programs,

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

(3) To promote Band economic development;

(4) To donate to charitable organizations; or

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

SECTION 503. PER CAPITA PAYMENTS.

(a) New revenues from any Band licensed Gaming activity may be used to make per

capita payments to Band members pursuant to the requirements of Tribal law,

the Indian Gaming Regulatory Act, and any other applicable law.

SECTION 504. CONTRACTS.

(a) All contracts for supplies, services, or concessions for a contract amount in

excess of Twenty-five Thousand Dollars ($25,000.00) annually (except for

contracts for professional legal or accounting services) relating to Class II and

Class III gaming (as defined by the Indian Gaming Regulatory Act, 25 U.S.C.

section 2703) shall be subject to the outside independent audits provided for in

Title II, Section 206(a)(9) of this Ordinance.

SECTION 505. INDIVIDUALLY OWNED GAMING.

(a) No Licenses will be issued to allow the operation of individually owned Gaming

Establishment.

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SECTION 506. TRIBAL SELF-REGULATION.

(a) It is the intent of the Band to request a hearing before the National Indian

Gaming Commission for the issuance of a certificate of self-regulation. In

anticipation of being self-regulating, the Band ensures that it will:

(1) conduct its Gaming activity in a manner which:

(A) Has resulted, and will continue to result in, an effective and honest

accounting of all revenues;

(B) Has resulted, and will continue to result in, a reputation for safe,

fair, and honest operation of the activity; and

(C) Has been, and will continue to be, generally free of evidence of

criminal or dishonest activity;

(2) Adopt and implement adequate systems for:

(A) Accounting for all revenues from licensed Gaming activity;

(B) Investigation, licensing, and monitoring of all employees of the

Gaming activity; and

(C) Investigation, enforcement and prosecution of violations of this

Ordinance and regulations; and

(3) Conduct all gaming operations on a fiscally and economically sound basis.

SECTION 507. MANAGEMENT AGREEMENTS.

(a) All management agreements entered into by the Band, if any, shall comply with

the applicable provisions of the Indian Gaming Regulatory Act, 25 U.S.C. § 2711.

SECTION 508. INTERNAL REVENUE CODE.

(a) All applicable Internal Revenue Code provisions concerning reporting and

withholding of taxes with respect to the winnings from gaming shall be adhered

to.

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