a

PRAIRIE BAND OF POTAWATOMI INDIANS

TRIBAL COUNCIL

RESOLUTION PBP9452

WHEREAS; The Prairie Band of Potawatomi Indians are a federally

recognized Tribe duly organized pursuant to the Constitution

and ByLaws of the Prairie Band Potawatomi Tribe approved

by the Secretary of the Interior on February 19, 1976 and

amended August 28, 1994; and

WHEREAS; The Prairie Band Potawatomi Tribal Council met in a special

session on the Potawatomi Reservation on July 14, 1994; and

WHEREAS; Under the Constitution and ByLaws of the Prairie Band of

Potawatomi Tribe, the Tribal Council is charged with the duty

of protecting and enhancing the health, security, economic and

general welfare and advancement of the Tribe; and

WHEREAS; On July 14, 1994, the Tribal Council approved amendments to

the Prairie Band Potawatomi Law and Order Codes, Title 12

Gaming Section 1241, Classes of Gaming to read as defined

in the Model Ordinances Definitions provided by the National

Gaming Commission. (Said amendments are attached).

NOW, THEREFORE, BE IT RESOLVED, that this resolution be recognized and

honored in the best interest of the Prairie Band Potawatomi Tribe.

CERTIFICATION

The foregoing resolution was duly adopted on this date of July 14, 1994

in a special session of the Prairie Band Potawatomi Tribal Council

by a vote of (7) for, (0) against and Chairperson not voting.

ATTEST:

J anita Jessepe, S cretar Mamie Rupnic 1 airperson

SUBSCRIBED AND SWORN BEFORE ME THIS/f DAY OF July, 1994.

ILINDA TECUMSE~i1 NOTAAY PUBLIC

StE. of Kensas

UYprn~,ExP~s
AMENDMENTS TO TITLE 12

JULY 13, 1994

Section 12-4-1. Classes of Gaming.

Gaming activities shall be classified as follows:

(B) Class 11. Class 11 means gaming as defined in the Indian Gaming

Regulatory Act, P.L. 100-497, 25 U.S.C. Section 2703(7) (A) (IGRA) and by the

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

(as published in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby

authorized.

(C) Class 111. Class 111 means gaming as defined in the Indian Gaming

Regulatory Act, P.L. 100-497, 25 U.S.C. Section 2703(8) (1GRA) and by the regulations

promulgated by the National Indian Gaming commission at 25 C.F.R. s.502.4 (as

published in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby

authorized.
PBP 92-70

PRAIRIE BAND OF POTAWATOMI INDIANS

TRIBAL COUNCIL

RESOLUTION

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Prairie Band of Potawatomi Indians is a federally

recognized Indian tribe, duly organized pursuant to the

Constitution and By-Laws of the Prairie Band of Potawa

tomi Indians, approved by the Secretary of the Interior

on February 19, 1976, as amended thereafter; and

the Prairie Band Potawatomj Tribal Council is the duly

constituted tribal governing body pursuant to delegation

of powers from the Tribe; and

under the Tribal Constitution and By-Laws, the Tribal

Council is charged with the duty of protecting and

enhancing the health, security, economic and general

welfare and advancement of the Tribe, and has the power

to regulate law and order on the Reservation through the

adoption of appropriate codes or ordinances; and

in the interest of sound management of tribal affairs, it

is necessary to replace the current Title 12, entitled

Gaming of the Tribal Law and Order Code with a new

Title 12, entitled Gaming;

NOW, THEREFORE, BE IT RESOLVED that the Prairie Band Potawatomi

Tribal Council hereby amends the Tribal Law and Order Code by

replacing Title 12, entitled Gaming, with a new Title 12,

entitled Gaming, a copy of which is attached hereto and

incorporated herein

CERTIFICATION

The foregoing Resolution was duly adopted this date, December

12, 1992, in a special session of the Tribal Council, at which

( members of the Council were present, constituting a quorum,

by a vote of 5 for

/

- ~ against, the Chairman abstaining.

rairie and Potawatomi Tribal Council

ATTEST:

GRACE PAHMAHMIE WAHWASSUCK, Secretary

Prairie Band Potawatomi Tribal Council

43:PB1I-11121292

O24Ofl~9494

RE~GAMrNG.REs

IS~HARON McCLA~iI

I NOTARY PUOUG

I sat. ot K.n$

My Ap~t. ~xpUSa

L
POTAWATOMI LAW AND ORDER CODE

TITLE 12

GAMING

CHAPTER 12-1

LEGISLATIVE FINDINGS, POLICY AND PURPOSE

Section 12-1-1. Sovereign Powers and Responsibilities.

This Title is enacted pursuant to the inherent sovereign tribal powers expressly delegated

to the Council in Article V, Section 1(a), (c) ,(O, (g), (i), (1), (m), (p), (q) and (r) of the Tribal

Constitution, which authorize the Council to negotiate, consult, and contract with Federal, State

and local governments, to charter, and regulate subordinate organizations, appoint subordinate

committees and representatives, to promulgate and enforce ordinances providing for the

maintenance of law and order and the administration of justice on the Reservation, manage and

otherwise deal with tribal lands and property, to exclude by ordinance from the restricted lands

of the Reservation people not legally entitled to reside therein, to regulate the conduct of trade

and the use and disposition of property upon the Reservation, to engage in any business that will

promote the health, peace, morals, education and welfare of the Tribe and its members, to

administer tribal matters in accordance with accounting, property control and personnel

procedures established by the Council, to make expenditures from available tribal funds for tribal

purposes and to delegate to subordinate boards or tribal officials the forgoing powers, subject

to review by the Council.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-1-2. Federal Policy of Tribal Self-determination.

In 1970, President Nixon announced the policy of the United States government to

promote self-determination for Indian tribes. At the heart of the federal policy is a commitment

by the federal government to foster and encourage Tribal self-government, economic

development and self sufficiency. That commitment was signed into law in 1975 as the Indian

Self-Determination and Education Assistance Act, Public Law 93-638, 88 Stat. 2203,

25 U.S.C.~ 450-450n. In 1983, President Reagan reaffirmed that commitment in his Indian

policy statement, encouraged tribes to reduce their dependence on federal funds by generating

more of their own revenues, and pledged to assist tribes in that endeavor.

The federal commitment was furthered in 1988 by passage of the Indian Gaming Regulatory Act

(IGRA), Public Law 100-497, 102 Stat. 2426,25 U.S.C. §~ 2701 etseq. (1988), through which

the federal government recognized the inherent sovereign right of tribes to conduct and regulate

gaming on their reservations and preempted state authority in the area of Indian gaming.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Re5. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Oni. PBP:GC 93-1 dated 1-23-1993. 12 -

I
Section 12-1-3. Potawatomi Tribal Policy of Self-Governm

The Tribe is firmly committed to the principal of tribal self-g

federal policy, tribal government provides a wide range of public

including general governmental services, the maintenance of p

establishment of educational systems and programs, and the pi

economic activities within the sovereign jurisdiction of the Tribe.

Section 12-1-4. Tribal Alcohol Rehabilitation Program.

Among the governmental services provided by Tribal

rehabilitation program which is funded entirely by the federal g

deficiency of federal funding of the program, on-Reservation sh

resident tribal members with alcohol problems. Thus, although thi

serious medical and social problem on the Reservation and is esseni

of the Tribe, the program is badly in need of additional tribal fun(

Section 12-1-5. Land Consolidation Program.

As recognized by Congress in the Act of January 25, 1983,

the continued existence of Reservations as permanent homeland

necessary foundations for continued self-determination requires th2

increase the trust land base in their Reservations and prevent

Accordingly, the Tribe needs to establish a Land Consolidation Pr

adequate Tribal funding is available.

Section 12-1-6. Tribal Need for Governmental Revenue

Development.

The Tribe desires to pursue its goal of self-determination vig

ment of manufacturing and farming enterprises. Because of the m&

Tribe, cutbacks in federal funding and increasing costs of self-gover

the Tribe develop additional economic activities on the Reserva

governmental programs, the Alcohol Rehabilitation Program and a Lan

and to provide employment for Tribal members.

Section 12-1-7. Tribal Gaming Policy.

The establishment, promotion and operation of gaming

provided that such gaming be regulated and controlled by the Tribe

law and the Tribal-State Compact, and that the proceeds of such ga

the purposes of the tribal government pursuant to tribal law and t1

for hereunder is authorized by State law, and when operated in

federal law and the Tribal-State Compact, such gaming will be con

of all residents of the Reservation.

Potawatomi Law and Order Code

Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gun. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 - 2
Section 12-1-8. Purposes of Title.

The purposes of this Title are:

(A) To regulate, control and license the operation of all gaming within the Reservation

and on all other Potawatomi Indian lands as defined by 25 U.S.C. § 2703(4).

(B) To promote and strengthen tribal economic development, independence and selfdetermination.

(C) To generate revenue to strengthen and improve tribal self-government and the

provision of governmental services.

(D) To enhance employment opportunities for tribal members.

CHAPTER 12-2

GENERAL PROVISIONS

Section 12-2-1. Definitions.

In this Title, except where otherwise specifically provided or the context otherwise

requires, the following terms and expressions shall have the following meanings.

(A) Applicable Law. Applicable law means the Tribal Constitution, this

Potawatomi Revised Law and Order Code, approved by the General Council on July 20,

1991, comprising Titles 1 through 14, applicable federal law & the Compact.

(B) Bingo. Bingo means the game of chance commonly known as bingo (whether

or not electronic, computer, or other technologic aids are used in connection therewith)

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

other designations, in which the holder of each card covers such numbers or designations

when objects, similarly numbered or designated, are drawn or electronically determined,

and in which the game is won by the first person covering a previously designated

arrangement of numbers or designations on such cards, including (if played in the same

location) pull-tabs, lotto, punch boards, tip-jars, instant bingo and other games similar

to bingo.

(C) Casino. Casino means a facility in which several gaming activities or

enterprises are operated.

(D) Charitable Gaming Ticket. Charitable gaming ticket means any game piece

used in the play of a paper pull tab game, or jar ticket game, or raffle.

(E) Cheating. Cheating means a persons operating or playing in any game in a

manner in violation of the written or commonly understood rules of the game, with the

Potawatomi Law and Order Code Title 12: Gaming

Enncted by Tæb~1 Council Red. PB? 93-2 dated 1-6-1993.

En~ctcd by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

3
intent to create for himself or someone in privity with him an advantage over and above

the chance of the game.

(F) Code. Code means the Potawatomi Revised Law and Order Code, approved

by the General Council on July 20, 1991, comprising Titles 1 through 14, as amended

hereafter.

(G) Compact. Compact means the gaming compact between the Tribe and the

State to regulate Class III gaming, as authorized by the IGRA.

(H) Compensation. Compensation means any wages, salaries, bonuses, and all

other forms of remuneration for services rendered.

(I) Council or Tribal Council. Council or Tribal Council means the Tribal

Council existing and functioning pursuant to the Constitution and By-laws of the Tribe.

(.1) General Council. General Council means all enrolled members of the Prairie

Band of Potawatomi Indians who are eighteen years of age or older meeting in a general

council.

(K) Educational, Charitable, Patriotic, Veterans, Fraternal, Religious, Civic, or

Public-Spirited Uses. Educational, charitable, patriotic, veterans, fraternal, religious,

civic, or public-spirited uses mean:

(1) Uses benefiting an indefinite number of people by bringing them under the

influence of education or cultural programs.

(2) Uses otherwise lessening the burden of the Prairie Band of Potawatomi

tribal government.

(3) Uses benefiting one or more people suffering from a seriously disabling

disease or injury causing severe loss of income or incurring extraordinary medical

expense which is uncompensated by insurance.

(4) Uses for community service projects which promote the common good,

enhance the social and economic welfare of the community, and benefit an

indefinite number of people.

(L) Electronic Game of Chance. Electronic Game of Chance means any

mechanical, electrical or other device, contrivance or machine which, upon insertion of

a coin, token or similar object, or upon payment of any consideration, is available to play

or operate, the play or operation of which, whether by reason of the skill of the operator

in playing a gambling game which is presented for play by the machine or application

of the element of chance, or both, may deliver or entitle the person playing or operating

the machine to receive cash, premiums, merchandise, tokens or any thing of value,

whether the payoff is made automatically from the machine or in any other manner.

Potawatomi Law and Order Code Title 12: Gaming En~ctuf by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gee. Counc. Ord. PI3P:GC 93-1 dated 1-23-1993. 12 - 4
(M) Eligible Organization. Eligible organization means any nonprofit organization

operated for educational, charitable, patriotic, veterans, fraternal, religious, civic, or

public-spirited purposes, or for the relief of poverty, distress, or other condition on the

Prairie Band of Potawatomi Reservation.

(N) Enterprise. Enterprise means any tribally owned gaming operation.

(0) Game or Gaming. Game or Gaming means any activity, operation or game

of chance in which any valuable consideration may be wagered upon the outcome

determined by chance, skill, speed, strength or endurance, and in which any valuable

prize is awarded to the player so wagering, including but not limited to lotteries, keno,

pull-tabs, parimutuel wagering, slot, poker, or other mechanical and electronic gaming,

and the like, as well as those relying on satellites, computers or cable television, and any

activity in furtherance thereof, including owning, financing, managing, participating in,

conducting or assisting in any way in any such activity at the site at which it is being

conducted, directly or indirectly, whether at the site in person or off the Reservation.

(P) Gaming Enterprise. Gaming enterprise means any gaming activity or

operation subject to the provisions of this Title.

(Q) Gaming Equipment. Gaming equipment means any device, machine,

paraphernalia, or equipment that is used or usable in the playing phases of any gaming

activity, whether or not specifically designed for the purpose, but excluding tables and

chairs normally used in the occupancy of any gaming facility.

(R) Gaming Facility. Gaming facility means any location, establishment or

structure, stationary or movable, wherein gaming is permitted, promoted, performed,

conducted, or operated. Gaming facility does not include the site of a fair, carnival,

exposition, or similar occasion.

(S) Gross Receipts. Gross receipts means any money collected or received from

gaming activity or operation.

(T) IGRA. IGRA means the Indian Gaming Regulatory Act, Public Law 100-497,

102 Stat. 2426, 25 U.S.C. §~ 2701, et seq. (1988), as amended.

(U) Immediate Family. Immediate family means, with respect to the person under

consideration, any husband, wife, father, mother, son, daughter, brother, sister,

father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law,

stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half

sister.

(V) In Privity With. In privity with means any relationship involving one who acts

jointly with another or as an accessory before the fact to an act committed by the other

or as a co-conspirator with the other.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Re,. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

5
(W) IRS. IRS means the United States Internal Revenue Service.

(X) Key Employee. Key employee means:

(1) Any person within one or more of the following descriptions:

(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;

(ii) Croupier;

(i) Approver of credit;

(j) Custodian of gambling devices including people with access to cash

and accounting records within such devices; or

(k) An employee in the finance and accounting offices.

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

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

(3) If not otherwise included, the four most highly compensated people in the

gaming operation; or

(4) Employee whom the Tribal Commission may by written notice classify as

a key employee.

(Y) License. License means any official, legal, and revocable permission granted

by the Tribal Commission to an applicant to conduct any gaming activity or operation

on tribal lands.

(Z) Licensee. Licensee means a tribally owned Class II or Class III gaming

enterprise or a person licensed by the Tribal Commission as a primary management

official, key employee or standard gaming employee under the provisions of this Title.

(AA) Lotto. Lotto means any gaming in which the proceeds derived from the sale

of tickets or chances are pooled and such proceeds or parts thereof are allotted by chance

to one or more players. The amount of cash prizes or winnings are determined by the

operator conducting the lottery and a progressive pool is permitted. Tele-lottery means

that the drawing is televised for use in a cable television broadcast.

(AB) Management Contractor. Management Contractor means any individual, sole

proprietorship, partnership, or corporation which manages any Class III gaming activity

or operation on behalf of the Tribe pursuant to a management contract approved by the

Chairman of the Indian Gaming Commission.

Potawatomi Law and Order Code Title 12: Gaming Ee&cted by Tribal Co~unci1 Rea. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -6
(AC) Manufacturer-Distributor. Manufacturer-Distributor means any person who

assembles, produces, makes, prints or supplies Class III gaming equipment or supplies

for sale, lease, use, or distribution to the Tribe for a Class III gaming activity.

(AD) National Indian Gaming Commission. National Indian Gaming Commission

means the commission by that name established by the IGRA.

(AE) Net Revenues. Net revenues means adjusted gross gaming revenues, less

amounts paid out as, or paid for, prizes, and total gaming-related operating expenses,

excluding management fees.

(AF) Operator. Operator means a person contracted, appointed or hired by the

Tribe to perform, promote, conduct, or operate any lawful, tribally licensed gaming

activity or operation on tribal lands at a gaming facility. In the case of a gaming activity

owned and operated solely by the Tribe, this person shall be the senior gaming

management official employed to operated that game or games. In the case of a game

or games operated pursuant to a management contract, that person shall be the senior

management official designated by the management contract on its management

contractors license application.

(AG) Participate. Participate in any gaming activity means operating, directing,

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

gaming or any site at which such gaming is being conducted, directly or indirectly,

whether at the site in person or off the Reservation.

(All) Person. Person means any individual, partnership, joint venture, corporation,

joint stock company, company, firm, association, trust, estate, club, business trust,

municipal corporation, society, receiver, assignee, trustee in bankruptcy, political entity,

and any owner, director, officer or employee of any such entity, or any group of

individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or

otherwise, provided that the term does not include the federal government and any

agency thereof, the government of the Tribe, any governmental entity of the Tribe, or

any of the above listed forms of business entities that are wholly owned or operated by

the Tribe.

(Al) Player. Player means any person participating in any gaming with the chance

of winning money or other benefit, but does not include an operator, or any assistant of

an operator.

(AJ) Primary Management Official. Primary Management Official means:

(1) Any person having management responsibility for a management contract;

(2) Any person who has authority to:

(a) Hire and fire employees; or

Potawatomi Law and Order Code Title 12: Gaming

En~ctcd by Trib~1 Council Res. PBP 93-2 da~nd 1-6-1993.

Enacted by G~. Counc. Ord. PBP:GC 93-I~dated 1-23-1993. 12 - 7
(b) Set up working policy for the gaming operation; or

(3) The chief financial officer or other person who has financial management

responsibility.

(AK) Principal. Principal means with respect to any management contractor:

(1) each of its officers and directors;

(2) each of its principal management employees, including any chief executive

officer, chief financial officer, chief operating officer, or general manager;

(3) each of its owners or partners, if it is an unincorporated business;

(4) each of its shareholders who owns more than ten percent of the shares of

the corporation, if a corporation; and

(5) each person other than a banking institution who has provided financing

for the enterprise constituting more than ten percent of the total financing of the

enterprise.

(AL) Pull-tabs, Punchboards and Tip Jars. Pull-tabs, punchboards and tip jars

means any gaming utilizing preprinted cards bearing symbols or numbers in random

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

prescribed combinations of symbols and numbers are revealed.

(AM) Raffle. Raffle means any gaming in which each player buys a ticket for a

chance to win a prize with the winner determined by a random method. Raffle does

not include a slot machine.

(AN) Reservation. Reservation means the Potawatomi Indian Reservation including

all lands, islands, waters, roads, and bridges or any interests therein, whether in trust or

non-trust status and notwithstanding the issuance of any patent or right-of-way, within

the boundaries of Reservation as established in Article 4 of the Treaty of July 23, 1846,

9 Stat. 853, and such other lands, islands, waters or any interest therein thereafter added

to the Reservation at any time.

(AO) Secretary. Secretary means the Secretary of the Interior or his duly authorized

representative.

(AP) Standard Gaming Employee. Standard gaming employee means any gaming

employee other than a key employee or primary management official. All references to

employee in this Title with reference to employment in any gaming operation or

facility shall refer to both key employees and standard employees unless the context

clearly requires otherwise.

(AQ) State. State means the State of Kansas.

(AR) TeLe-Bingo. Tele-bingo means any gaming in which the game defined as

bingo is conducted on tribal lands, but through a system combining the use of

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rea. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23.1993. 12 -

8
computers and cable television or telephone lines, and does not require the presence of

the players at the site from where the telecast is originating. The presence of players is

required however, at the site on the reservation where the tele-bingo game is being

offered.

(AS) Tribal Commission. Tribal Commission means the Prairie Band of

Potawatomi Gaming Commission described in Chapter 12-3.

(AT) Tribal Court. Tribal Court means the Tribal Court of the Prairie Band of

Potawatomi Indians.

(AU) Tribal Land. Tribal land means:

(1) Any land within the limits of the Reservation of the Prairie Band of

Potawatomi Indians of Kansas, together with any accretions thereto, which land

must be located within the State of Kansas;

(2) Any land, title to which is either held in trust by the United States for the

benefit of the Tribe or individual, or held by the Prairie Band of Potawatomi

Indians or individual subject to a restriction by the United States against alienation

and over which the Tribe exercises governmental power; and

(3) Any land within the State of Kansas which may be acquired by the Tribe

in the future and which meets the requirements of Section 20 of the IGRA,

25 U.S.C. § 2719.

(AV) Tribal Law Enforcement Agency. Tribal Law Enforcement Agency means

the tribal police established and maintained by the Tribe pursuant to the Tribes powers

of self-government to carry outlaw enforcement within the Potawatomi tribal lands.

(AW) Tribe. Tribe means the Prairie Band of Potawatomi Indians, recognized by the

federal government and operating pursuant to the Tribal Constitution and By-laws, and

tribal means belonging or pertaining to the Tribe.

(AX) Twenty-One or Blackjack. Twenty-one, also known as blackjack, means

the card game played by a maximum of seven players and one dealer wherein each

player plays his hand against the dealers hand with the object of obtaining a higher total

card count than the dealer by reaching 21 or as near 21 as possible without exceeding 21.

The cards have the following value:

(1) Aces count either one or 11, at any players option;

(2) Kings, queens, and jacks each count ten; and

(3) All other cards are counted at their face value.

(AY) Wager. Wager means a bet made in any game.

Potawatonii Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PBP 93-2 d~ted 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated t-23- 1993. 12 -

9
(AZ) Wagering Office. Wagering office means any location within tribal land at

which any wager is placed or accepted by an operator.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Section 12-2-2. Tribal Gaming Commission Account Established.

(A) There is hereby authorized and directed to be established an account in a federally

insured financial institution to be known as the Tribal Gaming Commission Account.

(B) The Tribal Gaming Commission Account shall be an interest-bearing account and

funds therein may be invested and reinvested only as approved by the Council.

(C) No monies shall be released or expended from the Tribal Gaming Commission

Account except upon written resolution of the Council appropriating a specific amount

of the monies contained therein for the use of a particular department, agency, or

program of the Tribe. Such appropriated amount shall be directly transferred to the

account of the receiving department, agency, or program named in the appropriation

resolution.

(D) All income, fees, penalties, interest, charges, or other monies collected by the

Tribal Commission in the administration and enforcement of this Title shall be deposited

in the Tribal Gaming Commission Account.

Section 12-2-3. Allocation and Use of Gaming Revenue.

(A) The Tribe shall receive not less than 60% of the net revenue of any Class II or

III gaming on the Reservation or any other tribal land.

(B) Revenue from tribal gaming shall be used only for the following purposes:

(1) To fund tribal government operations or programs;

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

(3) To promote tribal economic development;

(4) To provide donations for charitable organizations;

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

Potawatomi Law and Order Code Title 12: Gaming Enact~I by Tribal Council Res. PBP 93-2 datcd 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

10
CHAPTER 12-3

TRIBAL GAMING COMMISSION

Section 12-3-1. Establishment.

The Tribe hereby charters, creates and establishes the Potawatomi Gaming Commission

as a governmental subdivision of the Tribe.

Section 12-3-2. Authority of the Commission.

The Commission is given exclusive authority to regulate all gaming activities or

operations under provisions of this Title.

Section 12-3-3. Location and Place of Business.

The Tribal Commission shall be a resident of and maintain its headquarters, principal

place of business and office on the Reservation. The Tribal Commission may, however, estab

lish other places of business in such other locations as the Tribal Commission may from time

to time determine to be in the best interest of the Tribe.

Section 12-3-4. Duration.

The Tribal Commission shall have perpetual existence and succession in its own name.

unless dissolved by the Council pursuant to Tribal law.

Section 12-3-5. Attributes.

As a governmental subdivision of the Tribe, the Tribal Commission is hereby delegated

the substantial governmental function of regulating tribal gaming pursuant to the IGRA and tribal

law. It is the purpose and intent of the Council, in creating the Tribal Commission, that its

operations be conducted on behalf of the Tribe for the sole benefit and interest of the Tribe.

Notwithstanding any authority delegated to the Tribal Commission under this Title, the Tribe

reserves to itself the right to bring suit against any person or entity in its own right, on behalf

of the Tribe or on behalf of the Tribal Commission, whenever the Tribe deems it necessary to

protect the sovereignty, rights and interest of the Tribe or the Tribal Commission.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-3-6. Recognition as a Political Subdivision of the Tribe.

The Tribal Council, on behalf of the Tribal Commission, shall take all necessary steps

to acquire recognition of the Tribal Commission as a governmental subdivision of the Tribe,

Potawatomi Law and Order Code Title 12: Gaming

En~ct~ by Tribal Council Run. PBP 93-2 dated 1-6-1993.

Enacted by Gun. Counc. On]. PRP:GC 93-I dated 1-23-1993. 12 -

11
recognized by all branches of the United States Government as having been delegated the right

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

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-3-7. Sovereign hnmunity of the Tribal Commission.

The Tribal Commission is hereby clothed with all the privileges and immunities of the

Tribe, except as specifically limited by this Title or other tribal law, including sovereign

immunity from suit in any state, federal or tribal court. Except as provided in Section 12-3-8,

nothing in this Title nor any action of the Tribe or the Tribal Commission shall be deemed or

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

a consent of the Tribe or the Tribal Commission to jurisdiction over the Tribal Commission by

the United States or by any state or any other tribe with regard to the business or affairs of the

Tribe or the Tribal Commission, or to be a consent of the Tribe or the Tribal Commission to

any cause of action, case or controversy, or to the levy of any judgment, lien or attachment upon

any property of the Tribe or the Tribal Commission; or to be a consent of the Tribe or the

Tribal Commission to suit in respect to any land within the exterior boundaries of the

Reservation, or to be a consent of the Tribe or the Tribal Commission to the alienation,

attachment or encumbrance of any such land.

Section 12-3-8. Limited Waiver of Sovereign Immunity of the Tribal Commission.

Sovereign immunity of the Tribal Commission may be waived only by express resolution

of the Council after consultation with its attorneys. All waivers of sovereign immunity must be

preserved with the resolutions of the Tribal Commission and the Council of continuing force and

effect. Waivers of sovereign immunity are disfavored and shall be granted only when necessary

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

immunity shall not be general but shall be specific and limited as to duration, grantee,

transaction, property or funds, if any, of the Tribal Commission subject thereto, court having

jurisdiction pursuant thereto and law applicable thereto. Neither the power to sue and be sued

provided in Subsection 12-3-20(M), nor any express waiver of sovereign immunity by resolution

of the Council shall be deemed a consent to the levy of any judgment, lien or attachment upon

property of the Tribal Commission other than property specifically pledged or assigned, or a

consent to suit in respect of any land within the exterior boundaries of the Reservation or a

consent to the alienation, attachment or encumbrance of any such land.

Section 12-3-9. Sovereign Immunity of the Tribe.

All inherent sovereign rights of the Tribe as a federally recognized Indian tribe with

respect to the existence and activities of the Tribal Commission are hereby expressly reserved,

including sovereign immunity from suit in any state, federal or tribal court. Except as provided

in Section 12-3-8, nothing in this Title nor any action of the Tribal Commission shall be deemed

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93.2 dated 1-6-1993.

Enacted by Gcai. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 12
or construed to be a waiver of sovereign immunity from suit of the Tribe, or to be a consent of

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

to the business or affairs of the Tribal Commission or the Tribe, or to be a consent of the Tribe

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

upon any property of the Tribe; or to be a consent to suit in respect to any land within the

exterior boundaries of the Reservation, or to be a consent to the alienation, attachment or

encumbrance of any such land.

Section 12-3-10. Credit of the Tribe.

Except as provided in this Title and in any gaming management contract entered into by

the Tribe pursuant to the IGRA, nothing in this Title nor any activity of the Tribal Commission

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

Section 12-3-11. Credit of the Tribal Commission.

Except as provided in this Title and in any gaming management contract entered into by

the Tribe pursuant to the IGRA. nothing in this Title, nor any activity of the Tribal Commission

shall implicate or in any way involve the credit of the Tribal Commission.

Section 12-3-12. Assets of the Tribal Commission.

The Tribal Commission shall have only those assets specifically assigned to it by the

Council or acquired by it on its own behalf. Except as provided in this Title and in any gaming

management contract entered into by the Tribe pursuant to the IGRA, no activity of the Tribal

Commission nor any indebtedness incurred by it shall implicate or in any way involve any assets

of the Tribe not specifically assigned to the Tribal Commission, nor any assets of the Tribal

Commission other than property specifically pledged or assigned by the Tribal Commission

therefor.

Section 12-3-13. Membership; Qualifications of Commissioners.

(A) Number of Commissioners. The Tribal Commission shall consist of five

members at large of the Tribe, all of whom shall be elected by the General Council.

Members of the Commission shall select a Chairperson, Vice Chairperson, Secretary and

Treasurer.

(B) Qualifications of Commissioners; Background Investigation. Prior to the time

that any Tribal Commission member takes office on the Tribal Commission, the Tribe

shall perform or arrange to have performed a comprehensive background investigation

on each prospective member. No person shall serve as a Commissioner if:

(1) He is currently a member of the Council; or

(2) His prior activities, criminal record, if any, or reputation, habits or

associations:

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Councd Rcs. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

13
(a) Pose a threat to the public interest; or

(b) Threaten the effective regulation and control of gaming; or

(c) Create or enhance the dangers of unsuitable, unfair, or illegal

practices, methods, or activities in the conduct of gaming or the carrying

on of the business and financial arrangements incidental thereto; or

(3) He has been convicted of or entered a plea of nob contendere to a felony

or any gaming offense in any jurisdiction or t9 a misdemeanor involving

dishonesty or moral turpitude; or

(4) He has a present interest in the conduct of any gaming enterprise; or

(C) Date of Appointment. Each member of the Tribal Commission shall take office

no later than one weekafter the swearing in of a new Commission following a tribal

election.

(D) Manner of Appointment. Each Tribal Commissioner shall be appointed by

written resolution.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-3-14. Term of Office.

The terms of office of Commissioners shall be staggered, provided that no term exceed

four years. Two terms shall be two years each, two terms shall be three years each and one

term shall be four years in duration. The highest vote getter shall serve the four year term, and

so forth, until all terms are assigned by number of votes. Thereafter, Tribal Commission

members elected in regular elections, shall serve four year terms, or until their successors are

elected and installed in office.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Section 12-3-15. Ex-Officio Members.

At the direction of the Council, any other member of the Council, any tribal employee

or any other person may be designated to participate, without vote, in Tribal Commission

meetings.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rot. PBP 93-2 dated 1-6-1993.

Enacted by Gei~. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

14
Section 12-3-16. Meetings.

(A) Regular Meetings. The Tribal Commission shall hold at least one regular

monthly meeting which shall take place on the first Tuesday of each month, or as

otherwise determined by the Tribal Commission.

(B) Special Meetings. Special meetings may be called at the request of the Council,

the Chairperson of the Tribal Commission or two or more members of the Tribal

Commission.

(C) Compensation of Commissioners. Commissioners shall be salaried.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

(D) Quorum. A quorum shall comprise three members.

(E) Voting. All questions arising in connection with the action of the Tribal

Commission shall be decided by majority vote. The Chairperson of the Tribal

Commission shall only be entitled to vote to break a tie.

HISTORICAL NOTES

This Section amended by the following resolutions of the Tribal Council: Resolution PBP 94-

14, dated February 16, 1994.

Section 12-3-17. Organization.

The Tribal Commission shall develop its own operating procedures

HISTORICAL NOTES

This Section amended by the following resolutions of the Tribal Council: Resolution PBP 94-

14, dated February 16, 1994.

Section 12-3-18. Removal of Members; Vacancies.

(A) Removal. The following are causes for removal from the Commission:

(1) Malfeasance in the handling of gaming regulations and controls.

(2) Neglect of duty.

(3) Unexcused absence from three consecutive scheduled Commission

meetings.

(4) Conviction of a gaming related offense.

(5) Noncompliance with this Title.

(6) Acceptance of a bribe.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PB? 93-2 dated 1-6-1993.

Enacted by Gun. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

15
(B) Procedure for Removal. Any Commission member who, during the term for

which he is elected, is charged with any of the offenses listed in this Section may be

removed from office for cause by a majority vote of the eligible tribal members attending

any General Council meeting duly called for the removal of a Commissioner, provided

that a quorum is present.

(C) Calling a Removal Meeting. Action to initiate removal of a Commission

member shall be taken by the Council in the form of a resolution, stating the charges

against the accused, the date of the duly called General Council meeting for the removal

procedure, and the rights of the accused. A separate notice, stating only Removal of

Gaming Commissioner shall constitute notice of the General Council removal meeting

to the tribal membership and shall be posted at least thirty days prior to the General

Council removal meeting.

(D) Notification to the Accused. A copy of the call for a removal resolution shall

be provided to the accused by certified mail at least 30 days prior to any General Council

removal meeting.

(E) Petition for General Council Removal Meeting.

(1) A request for a General Council removal meeting to consider removal of

a Commissioner shall be by petition which shall contain at least 300 signatures

of eligible tribal members.

(2) A clear statement of the purpose of the petition and the cause for removal

shall be provided on each sheet of the petition.

(3) Any person circulating the petition shall be an enrolled tribal member.

(4) After validation of sufficient signatures on the petition by the Election

Board, the Tribal Secretary shall certify the petition to the Council which shall

act upon the petition as provided in Subsection 12-3-18(C).

(F) Rights of the Accused.

(1) Answering Charges. Before the vote of the tribal membership at a duly

called General Council removal meeting, the accused shall be afforded the

opportunity to hear and answer all charges of cause for removal included in the

petition.

(2) Documentation of Charges. All charges of cause for removal must be

documented at the General Council removal meeting. In the absence thereof, the

accused shall be allowed to continue his term of office as a Commissioner.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBPsGC 93-1 dated I-23-1993~ 12 -

16
1~

(3) Evidence. The accused shall be permitted to have any witness testify on

his behalf and may present affidavits, statements and pertinent documents as he

deems necessary to refute the charges of cause for removal.

(4) Confrontation of Accusers. The accused shall be afforded the

opportunity to confront and question witnesses who speak against him at the

General Council removal meeting.

(5) Failure of the Accused to Appear. Failure of the accused to appear at

the duly called General Council removal meeting shall be deemed a waiver of his

right to a hearing unless an excuse satisfactory to the General Council for such

failure is furnished to the Council not less than five days prior to the meeting.

In the event no petitioners appear at such meeting, the removal action shall be

considered null and void. The vote of the General Council upon the matter shall

be conclusive.

(G) Vacancies. If any Commissioner shall be removed from the Commission at the

General Council removal meeting, the General Council shall by majority vote at the same

meeting appoint another person to fill such position. If any Commissioner shall die,

resign, or for any reason other than removal be unable to serve as a Commissioner, the

Council shall declare his position vacant and shall appoint another person to fill such

position. The term of office of each person appointed to fill a vacancy by the General

Council or the Tribal Council shall be for the balance of any unexpired term for such

position, provided that any such appointee must meet the qualifications established by this

Title.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Section 12-3-19. Conflict of Interest.

No person shall serve as a Commissioner if he or any member of his immediate family

has an ownership, partnership or other financial interest, other than a regular salary interest, in

any gaming enterprise, or if he has any other personal or legal relationship which places him

in a conflict of interest.

Section 12-3-20. Powers of the Tribal Commission.

In furtherance, but not in limitation, of the Tribal Commissions purposes and

responsibilities, and subject to any restrictions contained in this Title or any other applicable

law, the Tribal Commission is hereby authorized to exercise the following powers in additiop

to all powers already conferred by this Code:

Potawatomi Law and Order Code Title 12: Gaming

En*cted by Tnb~I Council Rc3. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

17
r

(A) To enact and enforce such rules and regulations regarding its activities and

governing its internal affairs as it may deem necessary and proper to effectuate the

powers granted and duties imposed by this Title and any other applicable law.

(B) To publish and maintain copies of this Title and Tribal Commission rules and

regulations and any Tribal Council, Tribal Commission or Tribal Court decisions

regarding gaming matters.

~-~ (C) To prepare and submit to the General Council proposals, including budget and

monetary proposals, to enable the Tribe to carry forth the policies and intent of this Title.

(D) To work with the Council, the staff of any tribal department, program, project,

or operation in regard to gaming issues.

(E) To maintain and keep current a record of new developments in the area of Indian

gaming.

(F) To obtain and publish a summary of federal revenue laws relating to gaming and

to insure compliance therewith.

(G) To consider any gaming matter brought before it by any person, organization or

business, and any matter referred to it by the Council.

(H) Upon prior explicit written approval of the Council, to employ such advisors as

it may deem necessary; advisors may include, but are not limited to, law enforcement

specialists and gaming professionals, the Tribes general or special counsel and the

Tribes accountants.

(I) To establish and maintain such bank accounts as may be necessary or convenient.

(J) To require by regulation the filing of any records, forms, reports and all other

information desired by the Commission for implementation of this Title relating to any

gaming activity or operation, or any investigation as required by tribal law and the

IGRA.

(K) To provide for an internal system of record keeping with adequate safeguards for

preserving confidentiality as deemed necessary by the Tribal Commission. All

applications, background investigations and Tribal Commission decisions shall be retained

in the Tribal Commission files for a period of at least 10 years.

(L) To adopt a schedule of fees to be charged for gaming licenses pursuant to the

IGRA.

(M) To adopt a schedule of fees and charges for services rendered relating to

transcripts and the furnishing or certifying of copies of proceedings, files, and records.

Potawatonu Law and Order Code Title 12: Gaming

Enacted by Tribal Council Re3. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. ()rd. IBP:GC 93-1 dated 1-23-1993. 12 18
(N) To delegate to an individual member of the Tribal Commission, or to an

individual member of the Council, or, with the approval of the Council, to the Tribal

Commission or tribal staff, such of its functions as may be necessary to administer this

Title efficiently; provided that the Tribal Commission may not re-delegate its power to

exercise any substantial governmental function of the Tribe or its power to promulgate

rules and regulations; and provided further, that it may not delegate to anyone except the

Council or Tribal Court the power to revoke a tribal gaming license permanently.

(0) To request the assistance of the Tribal Court or Tribal Appellate Court in

conducting gaming hearings, or in any other matter for which the Tribal Commission

deems such assistance to be necessary or proper.

(P) To establish and use a Tribal Gaming Seal.

(Q) By written notification to the National Indian Gaming Commission, to designate

an agent for service of any official determination, order or notice of violation from such

Commission.

(R) To supervise, inspect and regulate all gaming activities within the jurisdiction of

the Tribe.

(S) To promote the full and proper enforcement of this Title and any other applicable

law regarding gaming activities within the jurisdiction of the Tribe.

(T) To promulgate rules and regulations to implement and further the provisions of

this Title, provided that all Class III gaming regulations shall be adopted pursuant to

applicable law.

(U) To conduct background investigations of all people who propose to participate in

any gaming activity or operation and to provide copies of investigative reports to the

State Gaming Agency and the National Indian Gaming Commission.

(V) To consult with and make recommendations to the Council regarding changes in

tribal gaming laws and policies.

(W) To make determinations of eligibility of applicants for Class B licenses and to

provide copies thereof to the State Gaming Agency and the National Indian Gaming

Commission.

(X) To make recommendations to the Council regarding the hiring of all supervisory

gaming employees.

(Y) To approve or disapprove any application for a tribal gaming license.

(Z) To make, or cause to be made by its agents or employees, an examination or

investigation of the place of business, equipment, facilities, tangible personal property,

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by (Jen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -19
and the books, records, papers, vouchers, accounts, documents and financial statements

of any gaming or enterprise operating, or suspected to be operating, within the

jurisdiction of the Tribe. In undertaking such investigations, the Tribal Commission may

request the assistance of tribal gaming staff, federal and local law enforcement officials,

legal counsel and other third parties.

(AA) To maintain a surveillance log recording all surveillance activities in the

monitoring room of each gaming facility and to maintain a security log recording all

unusual occurrences in any gaming facility as required by the Tribal-State Compact.

(AB) To establish a list of people barred from any gaming facility because of their

criminal history or association with career offenders or career offender organizations as

required by the Compact.

(AC) To conduct hearings and to examine under oath, either orally or in writing, in

hearings or otherwise, any person or agent, officer, or employee of any person, or any

other witness, with respect to any matters related to this Title and to compel by subpoena

the attendance of witnesses and the production of any books, records and papers with

respect thereto.

(AD) To compel obedience to its lawful orders by proceedings of mandamus or

injunction or other proper proceedings, in the name of the Tribe in the Tribal Court or

any other court having jurisdiction of the parties or of the subject matter.

(AE) To discipline any licensee or other person participating in any gaming activity or

operation by ordering immediate compliance with this Title or Tribal Commission

regulations and to issue an order of temporary suspension of any license issued under this

Title, whenever the Tribal Commission is notified of a violation by any such person of

this Title or any other applicable law.

(AF) To issue an order of temporary closure of any gaming activity or operation in

the event the Council determines that immediate closure is necessary to protect assets or

activities of the Tribe, pursuant to Council regulations, or whenever the Council shall

receive information from the Indian Gaming Commission that a primary management

official or key employee of such licensee does not meet the standards for being licensed

provided in the IGRA.

(AG) To close permanently, after notice and a hearing, any gaming activity or operation

which is operated in violation of this Title or any other applicable law, or any gaming

activity which has been ordered permanently closed by the National Indian Gaming

Commission.

(All) Whenever necessary or appropriate, to request the assistance and utilize the

services of the courts, law enforcement and government officials and agencies, and

private parties, in exercising its powers and carrying out its responsibilities.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 20
(Al) To arbitrate, compromise, negotiate or settle any dispute to which it is a party

relating to the Tribal Commissions authorized activities.

(AJ) Upon prior explicit written approval of the Council, to sue or be sued in courts

of competent jurisdiction within the United States and Canada, subject to the provisions

of this Code and other tribal laws relating to sovereign immunity.

(AK) To enter into an agreement with tribal police or other law enforcement agencies

whereunder those agencies will report to the Commission any activities of any person

who is in violation of the provisions of this Title or any other applicable law regarding

any gaming activity.

(AL) To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own,

hold, improve and use property and assets of every description, real and personal,

tangible or intangible, including money, securities, or any interests therein, rights and

services of any kind and description or any interest therein; provided that the Tribal

Commission shall have authority to purchase any interest in real property, whether

located on or off the Reservation, only with the express, prior written consent of the

Council and title to such real property and property which is to become a fixture or

permanent improvement or part of the real property shall be taken in the name of the

Tribe or in the name of the United States in trust for the Tribe, and title to all trust and

restricted real property shall remain in trust or restricted status.

(AM) To sell, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all

or any part of its personal property and assets.

(AN) To deal in inventions, copyrights, and trademarks; to acquire by application.

assignment, purchase, exchange, lease, hire or otherwise and to hold, own, use, license,

lease and sell, either alone or in conjunction with others, the absolute or any partial or

qualified interest in and to inventions, letters patent and applications therefor, licenses,

formulas, privileges, processes, copyrights and applications therefor, trademarks and

applications therefor, and trade names, provided that title to all such interests shall be

taken in the name of the Tribe.

(AO) With the prior, explicit, written approval of the Council, to borrow money and

to make, accept, endorse, execute and issue bonds, debentures, promissory notes,

guarantees and other obligations of the Tribal Commission for moneys borrowed, or in

payment for property acquired or for any of the purposes of the Tribal Commission and

to secure payment of any obligations by secured interest, mortgage, pledge, deed,

indenture, agreement or other instrument of trust or by other lien upon, assignment of

or agreement in regard to all or any part of the person or real property, rights or

privileges of the Tribal Commission.

(AP) To enter into, make, perform and carry out any agreement, partnership, joint

venture contract or other undertaking with any federal, state or local governmental

agency, tribe, person, partnership, corporation or other association or entity for any

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Re~. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. IBP:GC 93-1 dated 1-23-1993. 12 - 21
lawful purpose pertaining to the business of the Tribal Commission o~ which is necessary

or incidental to the accomplishment of the purposes of the Tribal Commission.

(AQ) To invest and reinvest its funds in such mortgages, bonds, notes, debentures,

share of preferred and common stock, and any other securities of any kind whatsoever,

and property, real, personal or mixed, tangible or intangible, as the Tribal Commission

shall deem advisable and as may be permitted under this Title or any other applicable

law, provided, that the Tribal Commission shall have authority to invest or reinvest in

real property, whether located on or off the Reservation, subject to the restrictions set

forth in Subsection 12-3-20(AL).

(AR) To purchase insurance from any stock or mutual company for any property, or

against any risk or hazard.

(AS) Upon prior explicit, written approval of the Council, to make application and

accept grants and other awards from private and governmental sources in carrying out

or furthering the purposes of the Tribal Commission or the Tribe.

(AT) To develop a cooperative working relationship with federal, state agencies and

officials.

(AU) To provide to the National Indian Gaming Commission and to the State the results

of background investigations upon proposed management entities, all owners, directors,

primary management officials and key employees thereof, and all people proposed for

employment as tribal employees, other than standard employees, in any Class III gaming

activity or operation before any such entity or person is employed either by the Tribe or

any licensee.

(AV) To arrange for training of Tribal Commission members, tribal employees and

others in areas relating to the regulation or operation of gaming.

(AW) To become self-regulating whenever the Tribe becomes eligible for a certificate

of self-regulation under the IGRA.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Section 12-3-21. Annual Budget.

The Tribal Commission shall prepare an annual operating budget for all Tribal

Commission activities and present it to the General Council by August 15th of each year.

Potawatorni Law and Order Code Title 12: Gaming Enacted by Tribal Council Re5. PEP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PEP:GC 93-1 dated 1-23-1993. 12 - 22
HISTORICAL NOTES

This Section amended by the following resolutions of the Tribal Council: Resolution PBP 93-

14, dated February 16, 1994.

Section 12-3-22. Tribal Commission Regulations.

(A) Tribal Commission regulations necessary to carry out the orderly performance of

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

(1) Internal operational procedures of the Tribal Commission and its staff;

(2) Interpretation and application of this Title as may be necessary to carry out

the Tribal Commissions duties and exercise its powers;

(3) A regulatory system for all gaming activity, including accounting,

contracting, management and supervision;

(4) Reports or other information required by or necessary to implement this

Title; and

(5) The conduct of inspections, investigations, hearings, enforcement actions

and other powers of the Tribal Commission authorized by this Title.

(B) No regulation of the Tribal Commission shall be of any force or effect unless it

is adopted by the Tribal Commission by written resolution and subsequently approved

by a resolution of the Council and both filed for record in the office of the Tribal

Secretary and in the Office of the Clerk of the Tribal Court.

(C) All Class II and Class III gaming regulations shall be adopted pursuant to the

IGRA.

(D) The Tribal Court and any other court of competent jurisdiction shall take judicial

notice of all Tribal Commission regulations adopted pursuant to this Title.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Section 12-3-23. Right of Entrance; Monthly Inspection.

The Tribal Commission and duly authorized officers and employees of the Tribal

Commission, during regular business hours, may enter upon any premises of any operator or

gaming facility for the purpose of making inspections and examining the accounts, books,

papers, and documents, of any such operator or gaming facility. Such operator shall facilitate

Potawatomi Law and Order Code Title 12: Gaming

Enact~ by Trib,I Council Rca. PBP 93-2 dated I .6- 1993.

Enacted by Gen. Counc. Oni. PBP:GC 93-1 dated I-23-1993 12 -

23
such inspection or examinations by giving every reasonable aid to the Tribal Commission and

to any properly authorized officer or employee.

A Commissioner or a member of the Tribal Commissions staff shall visit each tribally

owned or tribally operated gaming facility at least once every two weeks during normal business

hours for the purpose of monitoring its operation. Such visits shall be unannounced.

Section 12-3-24. Investigations.

The Tribal Commission, upon complaint or upon its own initiative or whenever it may

deem it necessary in the performance of its duties or the exercise of its powers, may investigate

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

Title. In conducting such investigation, the Tribal Commission may proceed either with or

without a hearing as it may deem best, but it shall make no order without affording any affected

party notice and an opportunity for a hearing pursuant to Tribal Commission regulations.

Section 12-3-25. Hearings; Examiner.

Pursuant to regulations, the Tribal Commission may hold any hearing it deems to be

reasonably required in administration of its powers and duties under this Title. Whenever it

shall appear to the satisfaction of the Tribal Commission that all of the interested parties

involved in any proposed hearing have agreed concerning the matter at hand, the Tribal

Commission may issue its order without a hearing.

The Tribal Commission may designate one of its members to act as examiner for the

purpose of holding any such hearing or the Tribal Commission may appoint another person to

act as examiner under Section 12-3-26. The Tribal Commission shall provide reasonable notice

and the right to present oral or written testimony to all people interested therein as determined

by the Tribal Commission.

Section 12-3-26. Appointment of Examiner; Power of Ex2miner.

The Tribal Commission may appoint any person qualified in the law or possessing

knowledge or expertise in the subject matter of the hearing to act as examiner for the purpose

of holding any hearing which the Tribal Commission is authorized to hold. Any such

appointment shall constitute a delegation to such examiner of all powers of a Commissioner

under this Title with respect to any such hearing.

Section 12-3-27. Bank Account for Gaming Facility.

The Tribal Commission shall ensure that sufficient separate bank accounts are established

for each gaming facility, and that all proceeds of each such facility shall be deposited therein.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rea. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

24
Section 12-3-28. Quarterly Summary Report of Tribal Enterprise Managers Reports.

The Tribal Commission shall file a summary report to the Council quarterly summarizing

reports received from each manager of any tribal gaming enterprise, and making such comments

as it deems necessary to keep the Council fully informed as to the status of all its gaming

enterprises.

HISTORICAL NOTES

Section 12-3-29 was deleted by resolution of the General Council October 23, 1993;

accordingly the following Section has been renumbered.

Section 12-3-29. Designation of Agent to Accept Service.

On behalf of the Tribe, the Tribal Commission, shall, by written notification to the

National Indian Gaming Commission, designate an agent for service of any official

determination, order or notice of violation from such Commission.

CHAPTER 12-4

CLASSES OF GAMING; AUThORIZED GAMES

Section 12-4-1. Classes of Gaming.

Gaming activities shall be classified as follows:

(A) Class I. Class I means social games played solely for prizes of minimal value

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

connection with, tribal ceremonies or celebrations, which require permission only of the

tribal community in which they are conducted. Class I includes raffles for charitable

purposes and with prizes of minimal value.

(B) Class II. Class II means bingo of every kind if played at the same location,

whether or not electronic, computer, or other technologic aids are used in connection

therewith, pull-tabs, lotto, punch boards, tip jars, instant bingo and other games similar

to bingo; also card games, and only those banking card games which were played on the

Reservation under tribal authority on May 1, 1988, but does not include electronic or

electromechanical facsimiles of any game of chance or slot machines of any kind.

(C) Class 111. Class III Gaming means all forms of gaming that are not Class I or

Class II gaming as defined in the IGRA, and Gaming includes participating in any

activity in furtherance thereof such as owning, financing, managing, conducting or

assisting in any way in any such activity, directly or indirectly, whether at the site in

person or off the Reservation.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Ges. Counc. Ord. IBP~GC 93-1 dated 1.23-1993. 12 -

25
Section 12-4-2. Authorized Games.

Consistent with all applicable law, the Tribe authorizes the licensing of the following

games of chance:

(A) Bingo.

(B) Any other non-banking card game explicitly authorized by Kansas law or which

is not explicitly prohibited by Kansas State law that is played at any location in the State,

but only if such card game is played in conformity with Kansas State laws and

regulations regarding hours or periods of operation and limitations on wagers or pot

sizes.

(C) The following additional games are authorized subject to the terms and conditions

of the Compact:

(1) Blackjack.

(2) Poker.

(3) All other banking and non-banking card games.

(4) Craps.

(5) All other banking and non-banking dice games.

(6) Roulette.

(7) Baccarat.

(8) Chemin de Fer.

(9) Wheel of Fortune.

(10) Keno.

(11) Electronic games of chance.

(12) Games of chance relying on satellite, computer or cable television.

(13) All other Class II games of chance authorized by the State of Kansas in

a compact with any other Indian Tribe.

CHAPTER 12-5

REGULATION OF GAMING

Section 12-5-1. Applicability; Gaming Regulated.

This Title shall apply to any person engaged in gaming within the jurisdiction of the

Tribe. No person shall operate Class II or Class III gaming or participate in any Class II or

Class III gaming activity within the jurisdiction of the Tribe without a tribal license therefor.

Any application for a license pursuant to this Title, and participation in any gaming within the

jurisdiction of the Tribe, shall be deemed to be a consent to the jurisdiction of the Tribe and the

Tribal Court in all matters arising from participation in such gaming, and all matters arising

under any of the provisions of this Title or any other applicable law.

Potawatonu Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gcn. Counc. Ord. PI3P:GC 93-I dated 1-23-1993. 12 -

26
Section 12-5-2. Tribal Ownership of Class II and Class III Gaming.

The Council reserves to the Tribe the sole proprietary interest in all Class II and Class

III gaming activities and operations authorized under this Title.

CHAPTER 12-6

GAMING LICENSES

Section 12-6-1. Types of Licenses.

Gaming licenses issued by the Tribal Commission shall comprise the following types:

(A) Series A-Class II. A Series A-Class II gaming license shall be required for every

Class II gaming enterprise.

(B) Series A-Class III. A Series A-Class III gaming license shall be required for

every Class III gaming enterprise.

(C) Series B. A Series B gaming license shall be required for every key employee

or primary management official.

(D) Series C. A Series C gaming license shall be required for every standard gaming

employee.

(E) Series D. A Series D gaming license shall be required for every ManufacturerDistributor.

Section 12-6-2. No License Requirement for Class I Gaming.

A gaming license shall not be required for any Class I gaming activity or operation,

provided, however, that each Class I gaming activity or operation must have written permission

of the Tribal Commission, and such permission must be on file with the Tribal Secretary before

any such Class I gaming is conducted.

Section 12-6-3. Application for Series A Gaming License.

For any proposed Series A gaming enterprise, the Council shall file with the Tribal

Commission an application for a Series A-Class II or Series A-Class III gaming license,

whichever is applicable, which shall contain the name of the proposed enterprise and all

pertinent information required by Tribal Commission regulations.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tnbal Council Re& PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

27
Section 12-6-4. Review Procedures for Series A Gaming License Application.

Before issuing a Series A gaming license the Tribal Commission shall:

(A) Review the proposed gaming activity to ensure that all criteria required by this

Title shall be met.

(B) Review and approve the accounting procedures to be used in such gaming activity.

(C) Take any additional steps necessary to ensure the integrity of such gaming

activity.

(D) In the case of Class III gaming, review all aspects of the proposed gaming

operation to ensure that it will comply with the provisions of the Compact.

Section 12-6-5. Criteria for Series A Gaming License.

The Tribal Commission shall issue a Series A gaming license only if all the following

criteria are met:

(A) The proposed gaming activity or operation is to be located on land which was

held in trust for the Tribe prior to October 17, 1988, or on trust land located within or

contiguous to the boundaries of the Reservation on October 17, 1988, or on land taken

into trust after October 17, 1988, as a settlement of a claim.

(B) The proposed gaming activity to be played is Class II or Class III gaming as

defined by this Title and the IGRA and, if Class III gaming, is authorized by the

Compact.

(C) The proposed gaming activity is authorized by a Council resolution.

(D) The Tribe will have the sole proprietary interest and the Tribe will have the

exclusive responsibility for the conduct of the proposed gaming activity, or if it does not,

the management contract for such gaming is consistent with this Title, any other

applicable law and is approved by the National Indian Gaming Commission.

(E) The resolution authorizing the proposed gaming activity provides that:

(1) All revenues of the proposed gaming activity shall be audited annually and

copies of such audits shall be provided to the Tribal Commission and the National

Indian Gaming Commission.

(2) The proposed gaming activity shall comply with all IRS reporting and

filing requirements.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993~ 12 28
(3) Any contract for supplies, services or concessions for an amount in excess

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

subject to an annual independent audit.

(4) The construction or maintenance of the gaming facility and the operation

of the proposed gaming activity shall be conducted in a manner which shall

adequately protect the environment and the public health and safety.

(5) The application designates in writing one person who shall serve as its

General Manager.

(6) The General Manager, all primary management officials, all key

employees, all standard employees and all people owning an interest in, or in any

way serving as representatives of any Management Contractor involved with the

particular gaming activity have passed the background investigations, if

applicable, and have obtained the tribal gaming licenses required by this Title.

The application states in writing that all future primary management officials, key

employees and standard employees will be required to meet such requirements

pursuant to this Title.

(7) The Tribal Commission shall have the authority to regulate the proposed

gaming activity.

(8) The proposed gaming activity shall pay to the National Indian Gaming

Commission such fees as federal law may require.

Section 12-6-6. Application for Series B Gaming License.

(A) Any person seeking a Series B gaming license shall file with the Tribal

Commission an application therefor which shall contain the following information:

(1) The applicants name, including all other names used, current home and

work addresses and telephone numbers, place of birth, date of birth citizenship,

physical description and picture, drivers license number, as well as personal

residence address for the previous five years.

(2) The name, address and telephone number of the operator with which the

applicant will be employed and the specific location of the facility at which he

will be employed or with respect to which he will conduct gaming activity.

(3) The name and job description of the position the applicant is applying for.

(4) The names and addresses of the applicants living parents, grandparents,

spouse, children, brothers, and sisters.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Councd Rca. PBP 93-2 dated 1-6-1993.

Enacted by (jen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 - 29
(5) Criminal history of the applicant (other than misdemeanor traffic offenses)

including:

(a) Any arrest of the applicant, including date, place, details,

(b) Whether the applicant was taken into custody and details,

(c) Whether the applicant was held for questioning and details,

(d) Whether the applicant has been charged by any law enforcement

authority and details,

(e) Disposition of any charges.

(6) A complete disclosure of any civil or criminal judgment or administrative

proceeding order rendered against the applicant, including the case number, a

description of the judgment or administrative proceeding order and the name and

address of the court or administrative agency involved.

(7) A complete disclosure of any pending or anticipated civil or criminal

action or administrative proceeding against the applicant, including the name and

address of the law enforcement agency involved and the court or administrative

agency involved.

(8) Any history of mental illness and addiction to or dependence upon alcohol

or a controlled substance by applicant.

(9) Whether the applicant has applied to any licensing or regulatory agency

for a professional or occupational license, the name and address of any such

agency, whether such license was issued or denied, the type of license, the license

number, the details surrounding any suspension, revocation, or other disciplinary

action based on the license, and if the license is not current, the reason it is not

current; and whether the applicant has ever applied for such a license and been

denied the license.

(10) Whether the applicant has held a gambling-related license issued by any

state or Indian tribe, the jurisdiction in which the license was issued, the type of

license, the license number, the details surrounding any suspension, revocation,

or other disciplinary action based on the license; and if the license is not current,

the reason it is not current; and whether the applicant has ever applied for such

a license and been denied the license.

(11) The names, current addresses and telephone numbers of three references

who are not related to the applicant and who were acquainted with the applicant

when the applicant was residing at any address listed in Subsection 12-6-6(A)(1).

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

30
(12) A list of the applicants previous jobs over the previous five years,

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

position held.

(13) The names and addresses and a brief description of any businesses by

which the applicant currently is, or has, within the previous five years, been

employed. If any such business is a gaming business, the applicant shall fully

disclose the nature of such employment, describing the position held, the dates

during which such position was held, a description of the applicants job

responsibilities, the name, address and phone number of the business, and the

name, address and phone number of a person who can attest to the accuracy of

the information provided.

(14) The names and addresses and a brief description of all businesses in which

the applicant currently holds, or has within the last five years held, a financial

interest, other than a salary interest. If any such business is a gaming business,

the applicant shall fully disclose the nature of such financial interest, the name,

address, and telephone number of all other investors holding an interest of 10%

or more in the gaming operation, either directly or indirectly applying the

attribution rules of I.R.C. § 318, the name, address and phone number of the

business, and the name, address and phone number of a person who can attest to

the accuracy of the information provided.

(15) A statement as to whether any member of the applicants immediate family

has a current financial interest, other than a salary interest, in any gaming-related

enterprise anywhere. If so, the applicant shall fully disclose the nature of the

relationship.

(16) A description of any current or previous employment relationship with an

Indian Tribe, including the name of the Tribe involved, position held, and the

name, address and phone number of a person who can attest to the accuracy of

the information provided.

(17) A description of any current or previous non-employee business

arrangement with an Indian Tribe, including the name of the Tribe involved and

the name, address and phone number of a person who can attest to the accuracy

of the information provided.

(18) A statement of all languages written or spoken.

(19) Written permission giving the Tribal Commission the right to obtain an

investigation by the State of Kansas or by a commercial company of the

applicants background, including his criminal record, civil and criminal

judgments and credit history.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gcn. Counc. Ord. PBP:GC 93-1 dazed 1-23-1993. 12 -

31
(20) Any other information which might bring into question the applicants

fitness to serve as a primary management official or key employee of a licensed

gaming operation.

(B) Each application shall be accompanied by the applicants commitment to provide

any additional information as may be required by the Tribe or the State.

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

issued, the applicant will submit to the jurisdiction of the Tribe and the Tribal Court.

(D) Each application shall be accompanied by current side and front view photographs

of the applicant taken within the previous year.

(E) Each application shall be accompanied by two sets of fingerprints on forms from

the Federal Bureau of Investigation or the Kansas State Patrol.

(F) Each application shall be accompanied by a sworn statement that the applicant will

abide by this Code and any other applicable law.

(G) Each application shall be accompanied by a written statement that the applicant

has read, understands and approves of the following Privacy Act notice:

In compliance with the Privacy Act of 1974, the following

information is provided: Solicitation of the information on this form is

authorized by 25 U.S.C. §~ 2701 et seq. The purpose of the requested

information is to determine the eligibility of individuals to be employed

in a gaming operation. The information will be used by the National

Indian Gaming Commission members and staff who have need for the

information in the performance of their official duties. The information

may be disclosed to appropriate Federal, Tribal, State, local, or foreign

law enforcement and regulatory agencies when relevant to civil, criminal

or regulatory investigations or prosecutions or when pursuant to a

requirement by a tribe or the National Indian Gaming Commission in

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

revocation of a gaming license, or investigations of activities while

associated with a tribe or a gaming operation. Failure to consent to the

disclosures indicated in this notice will result in a tribes 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.

(H) Each application shall be accompanied by a written statement that the applicant

has read, understands and approves of the following notice:

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

32
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).

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-6-7. Review Procedure for Series B Gaming License Application.

Before issuing a Series B license the Tribal Commission shall:

(A) Perform or arrange to have performed the necessary background investigation on

the applicant required by the IGRA and obtain an investigative report thereof.

(B) Forward a copy of the application to the State Gaming Agency or to a commercial

company, whichever is appropriate, for performance of the background investigation.

(C) Determine the eligibility of the applicant and notify the applicant of the

Commissions decision in writing. If the Commission votes to deny the license, it shall

include within this notification the specific reasons for its decision.

(D) Forward to the National Indian Gaming Regulatory Commission copies of the

application, an investigative report of the background investigation performed upon the

applicant, the Commissions eligibility determination regarding the applicant and the

Tribal Commissions findings and decision.

Section 12-6-8. Employment of Key Employee or Primary Management Official Prior

to Issuance of Class C Gaming License.

A key employee or primary management official may be hired immediately upon filing

of an application for a Class B gaming license. In such case, the investigative report of the

background investigation of the applicant and a determination of his eligibility for a Class B

gaming license shall be forwarded to the National Indian Gaming Commission within 60 days

after such applicant begins work and such applicant shall be terminated if he has not obtained

a Class B gaming license within 90 days of his employment.

Section 12-6-9. Application for Series C Gaming License.

Any person seeking a Series C gaming license shall file with the Tribal Commission an

application therefor which shall be identical to the application for a Series B gaming license.

Section 12-6-10. Review Procedure for Series C Gaming License Application.

Before issuing a Series B license the Tribal Commission shall:

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tnbal Council R~. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

33
(A) Review the application and determine whether it is necessary to perform or

arrange to have performed a background investigation on the applicant and obtain an

investigative report thereof.

(B) Forward a copy of the application to the State Gaming Agency or to a commercial

company, whichever is appropriate, if it determines it to be necessary to obtain a

background investigation.

(C) Determine the eligibility of the applicant and notify the applicant of the

Commissions decision in writing. If the Commission votes to deny the license, it shall

include within this notification the specific reasons for its decision.

Section 12-6-11. Employment of Standard Gaming Employee Prior to Issuance of Class

C Gaming License.

A standard gaming employee may be hired immediately upon filing of an application for

a Class C gaming license, subject to termination after the Commission reviews the application

or obtains a background investigation of such applicant and determines the applicant to be

ineligible for such license.

Section 12-6-12. Application for Series D Gaming License.

(A) Any manufacturer-distributor seeking a Series D gaming license shall file with the

Tribal Commission an application therefor which shall contain the following information:

(1) The applicants formal business name, including all other names used.

business address and telephone number.

(2) If the applicant is incorporated, the state of incorporation and a current list

of officers, directors and ten percent or greater shareholders; in such case a copy

of the articles of incorporation shall be filed with the application.

(3) Criminal history of the applicant or any director, officer, ten percent or

greater shareholder, or partner (other than misdemeanor traffic offenses),

including:

(a) Any arrest, including date, place, details,

(b) Whether taken into custody and details,

(c) Whether held for questioning and details,

(d) Whether charged by any law enforcement authority and details,

(e) Disposition of any charges.

(4) A complete disclosure of any civil or criminal judgment or administrative

proceeding order rendered against the applicant, including the case number, a

description of the judgment or administrative proceeding order and the name and

address of the court or administrative agency involved.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Re.,. PBP 93.2 dated 1-6- 1993~

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -34
(5) A complete disclosure of any pending or anticipated civil or criminal

action or administrative proceeding against the applicant, including the name and

address of the law enforcement agency involved and the court or administrative

agency involved.

(6) Whether the applicant has held a gaming-related license issued by any state

or Indian tribe, the jurisdiction in which the license was issued, the type of

license, the license number, the details surrounding any suspension, revocation,

or other disciplinary action based on the license; and if the license is not current,

the reason it is not current; and whether the applicant has ever applied for such

a license and been denied the license.

(7) A description of any current or past non-employee business arrangement

which the applicant has had with an Indian Tribe, including the name of the Tribe

involved and the name and address of a person who can attest to the accuracy of

the information provided.

(8) Written permission giving the Tribal Commission or its designee the right

to investigate the applicants background and that of any director, officer, ten

percent or greater shareholder, or partner, including criminal record, civil and

criminal judgments and credit history.

(9) Any other information which might bring into question the applicants

fitness to serve as a manufacturer-distributor for a licensed gaming operation.

(B) Each application shall be accompanied by the applicants commitment to provide

any additional information as may be required by the Tribe or the State.

(C) Each application shall be accompanied by a written release of liability and grant

of authority to disclose information to the Kansas Bureau of Investigation and the Federal

Bureau of Investigation.

(D) Each application shall be accompanied by a sworn statement that if the license is

issued, the applicant will submit to the jurisdiction of the Tribe and the Tribal Court.

(E) Each application shall be accompanied by current side and front view photographs

of the applicant taken within the last year.

(F) Each application shall be accompanied by two sets of fingerprints on forms from

the Federal Bureau of Investigation or the Kansas State Patrol.

(G) Each application shall be accompanied by a sworn statement that the applicant will

abide by this Code and any other applicable law.

(H) Each application shall be accompanied by a written statement that the applicant

understands that solicitation of the information on this form is authorized by 25 U.S.C.

Potawatomi Law and Order Code Title 12: Gaming Enftctcd by Trib~I Council Ree. PBP 93-2 dated 1-6-1993.

Enacted by Gee. Counc. Ord. PBP:GC 93-1 dited 1-23-1993. 12 -

35
§~ 2701 et seq., and that the information obtained will be disclosed to the Nation Indian

Gaming Commission members and staff, and may be disclosed to appropriate Federal,

Tribal, State, local, or foreign law enforcement and regulatory agencies when relevant

to civil, criminal or regulatory investigations or prosecutions or when pursuant to a

requirement by a tribe or the National Indian Gaming Commission in connection with

gaming activities, the issuance or revocation of a gaming license, or investigations of

activities associated with a tribe or a gaming operation.

(1) Each application shall be accompanied by a statement as to whether the applicant

has been denied a license by any state.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-6-13. Review Procedure for Series D Gaming License Application.

Before issuing a Series I) license the Tribal Commission shall:

(A) Perform or arrange to have performed the necessary background investigation on

the applicant required by the IGRA and obtain an investigative report thereof.

(B) Forward a copy of the application to the State Gaming Agency or to a commercial

company, whichever is appropriate, for performance of the background investigation.

(C) Determine the eligibility of the applicant and notify the applicant of the

Commissions decision in writing. If the Commission votes to deny the license, it shall

include within this notification the specific reasons for its decision.

(D) Forward to the National Indian Gaming Regulatory Commission copies of the

application, an investigative report of the background investigation performed upon the

applicant, the Commissions eligibility determination regarding the applicant and the

Tribal Commissions findings and decision.

CHAPTER 12-7

PROVISIONS OF GENERAL APPLICABILITY TO ALL LICENSEES

Section 12-7-1. Gaming License Application Fee.

(A) Series A Licenses. No application fee shall be required for a Series A gaming

license.

(B) Series B Licenses. The application fee for a Series B License shall be set by the

Tribal Commission.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Re~. PBP 93-2 dated 1-6-1993.

Enacted by Gee. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 - 36
(C) Series C Licenses. The application fee for a Series C License shall be set by the

Tribal Commission.

(D) Series D Licenses. The application fee for a Series D License shall be set by the

Tribal Commission.

Section 12-7-2. Gaming License Tax.

No annual license tax shall be required for a Class I, Class II or Class III gaming

operation.

Section 12-7-3. Form and Display of Gaming License.

Every license issued by the Tribal Commission shall contain the following data:

(A) The name and address of the authorized licensee.

(B) The signature of an officer of the Tribal Commission.

Such license shall be posted in a conspicuous place at the facility at which the gaming

activity authorized thereby is conducted, if applicable.

Section 12-7-4. Tenns of Gaming License.

(A) Series A. A Series A gaming license shall be valid for a period of five years

from the date of issuance.

(B) Series B. A Series B gaming license shall be valid for a period of two years

from the date of issuance.

(C) Series C. A Series C gaming license shall be valid for a period of two years

from the date of issuance.

(D) Series D. A Series D gaming license shall be valid for a period of two years

from the date of issuance.

Section 12-7-5. Gaming License Renewal.

Each tribal gaming license may be renewed.

(A) Renewal Fees. No renewal fee shall be required for a Series A gaming license.

Renewal fees for Series B, C and D gaming licenses shall be set by the Tribal

Commission.

(B) Renewal Application. In order to obtain a renewal of a gaming license, the

operator of a gaming enterprise, for a Series A gaming license, or the licensee, for a

Potawatonu Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 - 37
Series B, C or D license, shall submit to the Tribal Commission a written renewal

application on the form provided by the Tribal Commission no later than sixty (60) days

before the license expires. Such form shall require the updating of all information

contained in the original application.

(C) Report Requirement. No renewal application shall be approved until the annual

report, required by Subsection 12-7-8, has been properly filed.

(D) Approval. All renewal applications shall be approved in 30 days or less unless

the Commission has reasonable grounds to believe that the enterprise or licensee,

whichever is applicable, has been or will be operated in violation of this Title or any

other applicable law.

Section 12-7-6. Scope of Gaming License.

(A) Series A. A Series A gaming license shall be effective only for the facility

specified in the application. Any such license may be transferred only upon prior

approval of the Tribal Commission upon written request which details the proposed new

facility, its location and proposed operator thereof.

(B) Series B. A Series B gaming license shall be effective only for the person to

whom it is issued and only with respect to the facility specified in the application. Any

such license may be transferred to a new facility only upon prior approval of the Tribal

Commission upon written request which details the proposed new facility, its location and

proposed operator thereof.

(C) Series C. A Series C gaming license shall be effective only for the person to

whom it is issued and only with respect to the facility specified in the application. Any

such license may be transferred to a new facility only upon prior approval of the Tribal

Commission upon written request which details the proposed new facility, its location and

proposed operator thereof.

(D) Series D. A Series D gaming license shall be effective only for the

Manufacturer-Distributor to which it is issued or to the legal successor thereof.

Section 12-7-7. Posting of Gaining License.

Each gaming enterprise shall post its tribal gaming license in a conspicuous location at

its facility. If a gaming enterprise has more than one facility, it must obtain and post a separate

license for each such facility. Any person licensed to sell raffle tickets outside a gaming facility

shall carry a copy of the gaming license under which he is employed.

Section 12-7-8. Annual Report of Series A Licensee.

The operator of any facility which possesses a Series A gaming license must file an

annual report with the Tribal Commission and the Council before the 15th day of the last month

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 - 38
of the term of such license. The report shall be submitted on the annual report form provided

by the Tribal Commission and shall include, at a minimum, the following information:

(A) The name, address and telephone number of the operator;

(B) The names, addresses and titles of its current General Manager and all of its

submanagers;

(C) A description of the gaming activity that has been operated and the total gross

sales for the previous year;

(D) A written copy of any changes it proposes to initiate in its rules;

(E) A statement of the specific dates and times during which the game will be

operated for the next license period;

(F) The name and address of the person who will serve as General Manager for the

next license period;

(G) A statement of any changes in the primary management officials or key employees

who will operate the gaming activity for the next license period;

(H) Written proof that the gaming enterprise has paid the National Indian Gaming

Commission such fees as federal and tribal law may require;

(1) Proof that the gaming enterprise has complied with IRS Regulations, including

written notice of customer winnings;

(J) The address of any facility at which gaming activity has been conducted and the

address of any new facility which will be established during the next license period;

(K) The number of full-time equivalent people, on an annualized basis, employed by

the gaming enterprise during the previous 12 months, together with a projection of the

number of full-time equivalent people who are expected to be employed during the next

license period;

(L) The total gross revenue of the gaming enterprise over the previous year;

(M) If the game is managed by a management contractor, the name, address and

signature of the agent who resides on the Reservation and who will accept service of

process on behalf of the management contractor; and

(N) If, in the case of a management contractor, such management contractor is a

corporation, a copy of any amendment to its articles of incorporation, properly certified

by the incorporating government, unless a current copy is already on file with the Tribal

Commission.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Re.,. PBP 93-2 dated 1-6-1993.

Enacted by Gee. Counc. Ord. PI3P:GC 93-I dated 1.23-1993. 12 -

39
Section 12-7-9. Procedure to Remedy Gaming License Violation.

If the Tribal Commission finds that any gaming activity of any licensee is in violation

of this Code or any other applicable law, or otherwise presents a threat to the public, the Tribal

Commission shall immediately take such steps as it deems necessary to bring such activity into

compliance.

Section 12-7-10. Requirement of Producing Series B or C Gaming License Upon

Request.

Any person who obtains a Series B or C gaming license must carry such license upon his

person during all working hours at any gaming facility under the jurisdiction of the Tribe and

must produce such license upon the request of any law enforcement official or agent of the

Tribe, the State or the National Indian Gaming Commission.

Section 12-7-11. Temporary Suspension of Series B or C Gaming License.

(A) Grounds for Temporary Suspension of Class B or C Gaming License. Any

Series B or C gaming license may be temporarily and immediately suspended by the

Tribal Commission, or the Tribal Court for not more than 30 days if any of the following

have occurred:

(1) The licensee has been charged with a violation of this Title or any other

applicable law.

(2) The licensees continued employment as a primary management official,

key employee or standard gaming employee of a gaming enterprise poses a threat

to the general public.

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

(4) The licensee has participated in gaming activity unauthorized by his tribal

gaming license.

(5) The licensee has refused to comply with any order of the Tribal

Commission, the Council, the Tribal Court or the National Indian Gaming

Commission.

(6) The National Indian Gaming Commission has ordered a temporary or

permanent closure of the tribal gaming operation for which the license was

issued.

(B) Procedure For Temporary Suspension of Series B or C Gaming License. In

the event the Tribal Commission determines that any licensee meets any of the criteria

stated in Subsections 12-7-11(A)(1) through 12-7-1l(A)(6) or that his non-compliance

with this Title is a direct and immediate threat to the peace, safety, morals or health or

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Re~. PBP 93-2 dated 1-6-1993.

Enacted by Gun. Counc. Ord. IBP:GC 93-I dated 1-23-1993. 12 40
welfare of the community, the Tribal Commission shall issue an order of temporary

suspension of such licensees Series B or C gaming license and shall serve such notice

upon the licensee immediately. The order shall state the grounds upon which it is issued

and the licensees right to a hearing. The licensee shall cease and desist operating in his

position pursuant to his license immediately upon receipt of the order, but may file a

notice of appeal with the Tribal Commission pursuant to the provisions of Subsection

12-7-12(B) which shall govern such appeal in all respects.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-7-12. Denial or Revocation of Series B or C Gaming License.

(A) Grounds for Denial or Revocation. The Tribal Commission may deny any

Series B or C gaming license without a hearing, or revoke any Series B or C gaming

license after notice and an opportunity for a hearing, for any of the following reasons:

(1) The licensee has withheld pertinent information on the gaming license

application;

(2) The licensee has made false statements on the gaming license application;

(3) The licensee has participated in gaming activity which was not authorized

by the gaming license;

(4) The licensee has attempted to bribe a Council member, Tribal Commission

member or any other person in an attempt to avoid or circumvent this Title or

any other applicable law;

(5) The licensee has offered something of value or accepted a loan, financing

or other thing of value from a Tribal Commission member, a subordinate

employee or any person participating in any gaming activity;

(6) The licensee has knowingly promoted, played or participated in any

gaming activity operated in violation of this Title or any other applicable law;

(7) The licensee has been knowingly involved in the falsification of books or

records which relate to a transaction connected with the operation of gaming

activity;

(8) The licensee has violated any provision of this Title or any other

applicable law;

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribai Council Res. PBP 93-2 dated 1-6- 1993.

Enacted by Gen. Counc. Ord. JBP:GC 93-1 dated 1-23-1993. 12 -

41
(9) The licensee has been convicted of, or has entered a plea of nob

contendere to, any crime involving gaming, fraud, theft, embezzlement or other

activity which, if perpetrated at any facility on the Reservation, would injure or

pose a threat to the public interest, or the integrity of the gaming activity, or the

effective regulation of gaming or enhance the dangers of unfair, unsuitable or

illegal practices in the conduct of gaming;

(10) The licensee has refused to comply with any order, inquiry or directive

of the Tribal Commission, the Council, the federal government, the State or any

court of competent jurisdiction;

(11) The licensee has been convicted of, or entered a plea of nob contendere

to, a crime involving the sale of illegal narcotics or controlled substances; or

(12) The license has been determined to have present or prior activities,

criminal record, if any, or reputation, habits and associations which pose a threat

to the public interest or to the effective regulation of gaming, or create or

enhance the dangers of unsuitable, unfair, or illegal practices in the conduct of

gaming.

(B) Procedure for Revocation of Series B or C Gaming License. Whenever it is

brought to the attention of the Tribal Commission that any person has failed to comply

with any condition of his tribal gaming license or has failed to obtain a license, the Tribal

Commission may either undertake an investigation of the gaming enterprise, or serve

upon such person or any agent of such person an order to show cause why such persons

license should not be revoked or why such person should not be enjoined from

conducting gaming activities within the jurisdiction of the Tribe. Such notice shall state

the reason for the order, the time and place for the show cause hearing before the Tribal

Commission, and that the person shall have an opportunity to present testimony and cross

examine opposing witnesses, and to present any other evidence as to why a revocation

order or injunction should not be issued. The hearing shall be set for not less than 30

days nor more than 45 days from the date of the notice or receipt by the Tribal

Commission of any appeal filed pursuant to Subsection 12-7-11(B). The hearing shall

be governed in all respects in accordance with tribal law and Tribal Commission

regulations.

HISTORICAL NOTES

This Section amended by the following resolutions of the Tribal Council: Resolution PBP 93-

14, dated February 16, 1994.

Section 12-7-13. Temporary Suspension of Series D Gaming License.

(A) Grounds for Temporary Suspension of Series D Gaming License. Any Series

D gaming license may be temporarily and immediately suspended by the Tribal

Commission, or the Tribal Court for not more than 30 days if any of the following have

occurred:

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Re,. PBP 93-2 dated I-6-1993

Enacted by Gm. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 - 42
(1) The licensee has been charged with a violation of this Title or any other

applicable law.

(2) The licensee has made a material false statement in his license application.

(3) The licensee has participated in gaming activity unauthorized by his tribal

gaming license.

(4) The licensee has refused to comply with any order of the Tribal

Commission, the Council, the Tribal Court or the National Indian Gaming

Commission.

(B) Procedure For Temporary Suspension of Series D Gaming License. In the

event the Tribal Commission determines that any licensee meets any of the criteria stated

in Subsections 12-7-13(A)(1) through 12-7-13(A)(4) or that his non-compliance with this

Title is a direct and immediate threat to the peace, safety, morals or health or welfare

of the community, the Tribal Commission shall issue an order of temporary suspension

of such licensees Series D gaming license and shall serve such notice upon the licensee

immediately. The order shall state the grounds upon which it is issued and the licensees

right to a hearing. The licensee shall cease and desist operating in his position pursuant

to his license immediately upon receipt of the order, but may file a notice of appeal with

the Tribal Commission pursuant to the provisions of Subsection 12-7-14(B) which shall

govern such appeal in all respects.

HISTORICAL NOTES

This Section amended by the following resolutions of the Tribal Council: Resolution PBP 93-

14, dated February 16, 1994.

Section 12-7-14. Denial or Revocation of Series D Gaming License.

(A) Grounds for Denial or Revocation of Series D Gaming License. The Tribal

Commission may deny any Series D gaming license without a hearing, or revoke any

Series D gaming license after notice and an opportunity for a hearing, for any of the

following reasons:

(1) The licensee has withheld pertinent information on the gaming license

application;

(2) The licensee has made false statements on the gaming license application;

(3) The licensee has participated in gaming activity which was not authorized

by the gaming license;

(4) The licensee has attempted to bribe a Council member, Tribal Commission

member or any other person in an attempt to avoid or circumvent this Title or

any other applicable law;

Potawatomi Law and Order Code Title 12: Gaming

En~ctcd by Tribal Council Re3. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-I dated 1-23 1993. 12 -

43
(5) The licensee has offered something of value or accepted a loan, financing

or other thing of value from a Tribal Commission member, a subordinate

employee or any person participating in any gaming activity;

(6) The licensee has knowingly promoted, played or participated in any

gaming activity operated in violation of this Title or any other applicable law;

(7) The licensee has been knowingly involved in the falsification of books or

records which relate to a transaction connected with the operation of gaming

activity;

(8) The licensee has violated any provision of this Title or any other

applicable law;

(9) The licensee or any director, officer, ten percent or greater shareholder

or partner thereof has been convicted of, or has entered a plea of nob contendere

to, any crime involving gaming, fraud, theft, embezzlement or other activity

which, if perpetrated at any facility on the Reservation, would injure or pose a

threat to the public interest, or the integrity of the gaming activity, or the

effective regulation of gaming or enhance the dangers of unfair, unsuitable or

illegal practices in the conduct of gaming;

(10) The licensee has refused to comply with any order, inquiry or directive

of the Tribal Commission, the Council, the federal government, the State or any

court of competent jurisdiction;

(11) The licensee or any director, officer, ten percent or greater shareholder

or partner thereof has been convicted of, or entered a plea of nob contendere to,

a crime involving the sale of illegal narcotics or controlled substances; or

(12) The licensee or any director, officer, ten percent or greater shareholder

or partner thereof has been determined to have present or prior activities, criminal

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

public interest or to the effective regulation of gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices in the conduct of gaming.

(B) Procedure for Revocation of Series D Gaming License. Whenever it is brought

to the attention of the Tribal Commission that any licensee has failed to comply with any

condition of his tribal gaming license or has failed to obtain a license, the Tribal

Commission may either undertake an investigation of such licensee, or serve upon such

licensee or any agent of such licensee an order to show cause why such licensees license

should not be revoked or why such licensee should not be enjoined from conducting

gaming activities within the jurisdiction of the Tribe. Such notice shall state the reason

for the order, the time and place for the show cause hearing before the Tribal

Commission, and that the licensee shall have an opportunity to present testimony and

cross examine opposing witnesses, and to present any other evidence as to why a

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rea. PB? 93-2 dated 1-6-1993.

Enacted by Gun. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 - 44
revocation order or injunction should not be issued. The hearing shall be set for not less

than 30 days nor more than 45 days from the date of the notice or receipt by the Tribal

Commission of any appeal filed pursuant to Subsection 12-7-13(B). The hearing shall

be governed in all respects in accordance with tribal law and Tribal Commission

regulations.

HISTORICAL NOTES

This Section amended by the following resolutions of the Tribal Council: Resolution PBP 93-

14, dated February 16, 1994.

Section 12-7-15. Gaming Licenses are Site-Specific.

Each gaming license shall be applicable only to the gaming facility specified on such

license.

Section 12-7-16. Gaming Licenses are Not Transferrable.

No gaming license shall be sold, loaned, assigned or otherwise transferred.

Section 12-7-17. Gaming Licenses are Personal.

A gaming license shall be issued only to the person who qualifies for it under this Title,

or to the Tribe or a tribal subdivision.

Section 12-7-18. Title 12 and Regulations Available for Inspection.

Each gaming enterprise shall keep a copy of this Title and all applicable regulations of

the Tribal Commission readily available for inspection by any person at each authorized gaming

facility.

Section 12-7-19. Gaming Age Limitations.

No person under 18 years of age shall be permitted to be a player in any Class II gaming

facility, excluding charity bingo nights. No person under 21 years of age shall be permitted to

be present in any gaming area of any Class III gaming facility, nor be permitted to place any

Class III wager, directly or indirectly, provided that any person under 21 years of age shall have

the right of ingress and egress through gaming areas as is necessary to use a nongaming area of

any such facility such as a restaurant, meeting room, restroom, gift shop or any other such area,

the use of which is ancillary to another nongaming use, and provided, further, that any person

over 18 years of age may, upon approval in accordance with licensing provisions, be employed

in the gaming facility in a capacity not involving the service of alcoholic beverages.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

45
Section 12-7-20. Gaming Rules Available for Inspection.

Each gaming enterprise shall post in its facility in a conspicuous location near any gaming

activity being played, or shall otherwise provide the public with, an explanation of the rules of

play of every specific game operated in such facility.

Section 12-7-21. Renting or Lending Gaming Equipment.

Each gaming enterprise is prohibited from renting or lending gaming equipment to any

person without prior written approval of the Tribal Commission.

Section 12-7-22. Exchange of Pull-Tabs, Punch-Boards, Etc.

Each gaming enterprise is prohibited from exchanging pull-tabs, punch-boards, sports

pools, and twenty-one boxes with any other person except with prior approval of the Tribal

Commission. All other gaming equipment may be exchanged without prior approval. Any

request for approval shall be made to the Tribal Commission at least five days prior to the

proposed date of such exchange.

Section 12-7-23. Permission Required for Making Gaming Equipment.

Any gaming enterprise which anticipates the printing, manufacture, or construction of

any equipment for gaming activity shall first notify the Tribal Commission of its intention and

shall have the finished product approved by the Tribal Commission before it is placed in service.

Section 12-7-24. Full Value Required for Gaming Chips and Tokens.

Gaming chips and other tokens of value shall only be sold and redeemed by the gaming

enterprise that issued them, and only for full value.

Section 12-7-25. Ten-Year Retention of Gaming Records.

Each gaming enterprise shall maintain and keep for not less than 10 years all permanent

books of accounts and records, including inventory records of gaming supplies, sufficient to

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

enterprise.

Section 12-7-26. Facility Agreement Requirement.

Each gaming enterprise being conducted in a facility not owned by the Tribe shall file

with the Tribal Commission, prior to conducting any such gaming activity, a written agreement,

attested to by both the general manager of the enterprise and the owner of such facility, setting

forth the terms under which the enterprise is permitted the use of such facility.

(A) The name of the legal owner of the facility. If the operator is a sub-lessee, the

name of the lessee must also be included.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gcn. Counc. Ord. PI3P:GC 93-1 dated 1-23-1993. 12 46
(B) The name of the gaming enterprise and its General Manager.

(C) The term of such use of the facility.

(D) The monetary consideration to be paid for such use of the facility.

(E) A precise description of the premises granted to or leased by the operator within

the facility.

(F) A prohibition of any advertising of the gaming activity by the grantor.

(G) The following provision:

The (grantor/lessor) hereby agrees that neither he, his spouse, nor any

employee or agent of the (grantor/lessor) shall participate in the selling,

distributing, conducting, assisting or participating in gaming activity at the

facility herein (granted/leased) without the prior written approval of the

Tribal Commission.

(H) At a minimum, such agreement shall contain the following information:

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

dollar amount unless otherwise approved in writing by the Tribal Commission.

(J) A graduated lease rate for use of the site is prohibited unless approved in writing

by the Tribal Commission.

(K) Other remuneration, in lieu of money, for use of the site is prohibited unless

approved in writing by the Tribal Commission.

(L) A percentage lease rate for use of the site is prohibited unless approved in writing

by the Tribal Commission.

(M) No gaming activity shall be operated in conjunction with the conduct of any other

business operation unless approved in writing by the Tribal Commission.

(N) Any renegotiated agreement shall be furnished to the Tribal Commission prior to

its effective date.

Section 12-7-27. Liquor Approval Requirement.

There shall be no sale of liquor at any gaming facility without prior approval of the

Council.

Potawatomi Law and Order Code Title 12: Gaining

Enacted by Thbal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gcn. Counc. Ord. PBP:GC 93-I dated 1-23-1993. 12 -

47
Section 12-7-28. Cash Required for Gaming.

Consideration for the chance to play in any gaming activity shall be only cash or, where

allowed, a personal check, and shall be presented at the time such gaming is done. No other

form of consideration shall be allowed unless the Tribal Commission gives prior written

approval.

Section 12-7-29. Form of Win or Loss Documentation.

Evidence of any win or loss incurred by a player must, upon request, be provided to such

player in such form as will be acceptable to the IRS.

Section 12-7-30. Fee and Report Filing Requirement.

Each gaming enterprise shall pay all required fees and file all required reports on time.

Section 12-7-31. Response to Law Enforcement Agencies.

Each gaming enterprise shall respond immediately to and obey all inquiries, subpoenas

or orders of the Tribal Commission, the Council, the Tribal Court, or the National Indian

Gaming Commission.

Section 12-7-32. Facility Maintenance.

Each gaming enterprise shall, at all times, maintain an orderly, clean, and neat gaming

facility, both inside and out.

Section 12-7-33. Security Requirement.

Each gaming enterprise shall provide adequate security to protect the public before,

during and after any gaming activity.

Section 12-7-34. Cooperation with Tribal Law Enforcement Agency.

Each gaming facility shall be subject to patrol by the tribal police for the purpose of

enforcing tribal law, and each licensee shall cooperate at all times with the tribal police.

Section 12-7-35. Inspection of Books and Records.

(A) Class II Gaming Operations. Each Class II gaming enterprise shall keep

accurate books and records and make its premises and books and records available for

inspection during regular business hours by the Tribal Commission pursuant to Section

12-3-23, and by the National Indian Gaming Commission.

(B) Class ifi Gaming Operations. Each Class III gaming enterprise shall keep

accurate books and records and make its premises and books and records available for

Potawatonii Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. P~P:GC 93-I dated 1.23-1993. 12 - 48
inspection during regular business hours by the Tribal Commission pursuant to Section

12-3-23, and by the State.

Section 12-7-36. Determination of Class II Gaming Holidays.

The Tribal Commission reserves the right to determine that no Class II gaming shall be

conducted on a given day or during a given event or holiday.

Section 12-7-37. Anti-Discrimination Requirement.

No gaming operation may discriminate on the basis of sex, race, color, or creed in the

conduct of any gaming activity.

Section 12-7-38. Compliance with Applicable Revenue Reporting Laws.

Every gaming operation shall comply with any applicable tribal, state and federal revenue

reporting laws.

Section 12-7-39. Violation of Tribal Law.

It shall be a violation of the tribal law and order code to violate any provision of this

Title, any regulation of the Tribal Commission, or any order of the Tribal Court.

Section 12-7-40. Drug Suspensions.

Each gaming operation shall immediately suspend any employee who is charged with an

offense described in subsection 12-9-4(V) or any offense related to the sale, possession,

manufacture and or transport of illegal drugs. The General Manager of any such operation shall

also immediately notify the Tribal Commission in writing of the name of the person and the

pending charge and advise the Tribal Commission of the outcome of the case. An employee

who is convicted or who pleads nob contendere to any such charge, shall be terminated.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

CHAPTER 12-8

OPERATION OF GAMES

Section 12-8-1. General Manager.

Each tribally licensed gaming operation shall designate one person who shall serve as the

General Manager to be responsible for managing and overseeing the day-to-day operations of

the gaming operation. The designee shall obtain a Series B gaming license before commencing

work.

Potawatonii Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1991

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dited 1-23-1993. 12 - 49
Section 12-8-2. General Managers Monthly Report.

The General Manager shall present a written monthly report to the Tribal Commission

which details the number of patrons served, the amount of income generated, the numbers of

employees working at the facility, a detailed description of any patron complaints and other

problems experienced at the facility, a list of all bills which are 30 days or more past due, and

a written statement of any changes in key employees or primary management officials.

Section 12-8-3. Form of Payment of Winnings.

Any patrons winnings in an amount under $500.00 shall be paid in cash or check on the

date on which it is won. Any patrons winnings in an amount over $500.00 shall be paid only

by check and within two hours of the patrons request to cash out.

Section 12-8-4. Advice of Patron Complaint Process.

The General Manager shall propose and the Tribal Commission shall approve a patron

complaint process. Each General Manager shall post at least one sign in each gaming room

informing patrons that they may file complaints directly with the Tribal Commission, and

advising them of the Tribal Commissions address and phone number.

Section 12-8-5. Liability Insurance.

Each licensed gaming facility shall carry sufficient liability insurance to protect the public

in the event of an accident. The Tribal Commission shall determine the amount of liability

insurance required for each gaming facility.

Section 12-8-6. Posting of Rules of Play.

Each General Manager shall post the rules of play of each game in a conspicuous place

in the facility, and shall make written copies available to the general public upon request.

Section 12-8-7. Responsibility for Compliance with Applicable Law.

The General Manager shall be personally responsible for seeing that gaming activity is

managed in accordance with tribal and federal law and that such gaming activity complies with

all IRS reporting requirements.

Section 12-8-8. Audits.

(A) Annual Audit. An audit by an independent Certified Public Accountant of the

Tribal Commissions choice, shall be performed annually for each licensed

gaming activity or operation and on each contract for supplies, services or

concessions in excess of$25,000 annually, except contracts for professional legal

or accounting services, relating to any such gaming activity or operation. Any

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 - 50
such audit shall be conducted in accordance with generally accepted accounting

principles.

(B) Additional Audits. Additional audits as may be deemed necessary by the Tribal

Commission shall be performed from time to time.

(C) Audits Furnished to the Indian Gaming Commission. The annual audit of each

licensed gaming activity or operation and each audit for supplies, services or

concessions of each such operation shall be furnished to the National Indian

Gaming Commission within 120 days after the end of each fiscal year pursuant

to the IGRA and regulations of the National Indian Gaming Commission

thereunder.

(D) Audits Furnished to the State. The annual audit of each licensed Class III

gaming activity or operation and each audit for supplies, services or concessions

of each such operation may be made available to the State pursuant to the

Compact.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993.

Section 12-8-9. Management Contracts-Generally.

(A) Any management contract entered into between the Tribe and a management

contractor shall be valid only upon approval by the National Indian Gaming Commission.

Any person or entity desiring a management contract with the Tribe shall agree to pay

for any costs incurred for background investigations for each entity, key employee,

primary management official, director, officer and ten percent or greater shareholder or

partner of the proposed management contractor, and each person proposed to possess an

ownership interest in such management contract.

(B) Each management contract shall be approved by the Council with the advice and

comment of the Tribal Commission. Before the Council considers any management

contract, each key employee, primary management official, director, officer and ten

percent or greater shareholder, or partner of the proposed management contractor and

each person proposed to possess an ownership interest in such management contract,

shall apply for a Series B gaming license, and each person proposed to be a standard

gaming employee shall apply for a Series C gaming license. The Commission shall

complete the application review process and submit its written findings to the Council.

Before giving final consideration to any such proposed management contract, the Council

shall direct the Tribal Commission to take the following steps and provide the Council

with all information obtained thereby:

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted byGen. Counc. Oni. PBP:GC 93-I dIted 1-23-1993. 12 -

51
(1) Obtain a complete financial statement of the applicant, and if the applicant

is a corporation, a complete financial statement of each director, officer, ten

percent or greater shareholder, or partner.

(2) Contact each of the tribal governments and licensing agencies referred to

in any application referred to in Subsection 12-8-9(B) to determine the

performance history of the proposed management contractor or any such applicant

for a Series B gaming license.

(3) Arrange to have the proposed management contractor investigated to learn

his personal attributes and to determine whether the management contractor or

any of the people referred to in Subsection 12-8-9(B) have prior criminal records

or any pending criminal charges.

(4) Obtain an independent verification of each financial statements obtained

pursuant to Subsection 12-8-9(B)(1).

(5) Undertake any additional steps needed to determine the character and

reputation of each such proposed management contractor.

(C) If the Council, after reviewing the above described information, desires to enter

into a management contract with the proposed management contractor, such management

contract shall be placed in writing and submitted to the Tribes legal counsel for review

before the Council approves it.

(D) After the Council is satisfied with the information it receives and enters into a

management contract, it shall submit the proposed management contract, together with

all of the above described information to the Chairman of the National Indian Gaming

Commission for approval.

(E) Each management contractor or tribal operator of any tribal gaming enterprise,

shall, by written notification to the National Indian Gaming Commission, designate an

agent for service of any official determination, order or notice of violation from such

Commission.

HISTORICAL NOTES

This Section amended by resolution of the General Council October 23, 1993; amended by

the following resolutions of the Tribal Council: Resolution PBP 93-59, dated November 10,

1993; Resolution PBP 94-14, dated February 16, 1994.

Section 12-8-10. Management Contracts-Required Provisions.

Any management contract approved by the Council must contain at a minimum the

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

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

Enacted by Gm. Counc. Ord. IBP:GC 93-1 dated 1-23-1993. 12 - 52
(A) Governmental Authority. A provision that all gaming covered by the contract

shall be conducted in accordance with this Title.

(B) Assignment of Responsibilities. Provisions enumerating the responsibilities of

the management contractor and the Tribe for each of the following identifiable functions:

(1) Maintaining and improving the gaming facility;

(2) Providing operating capital;

(3) Establishing operating days and hours;

(4) Hiring, firing, training and promoting employees;

(5) Maintaining the gaming operations financial statements and reports;

(6) Preparing the operations financial statements and reports;

(7) Hiring and scheduling the auditors;

(8) Hiring and supervising security personnel;

(9) Providing fire protection services;

(10) Settling advertising budget and placing advertising;

(11) Paying bills and expenses;

(12) Establishing and administering employment practices;

(13) Obtaining and maintaining insurance coverage, including coverage of

public liability and property loss or damage;

(14) Complying with all applicable provisions of the Internal Revenue Code.

(C) Accounting. Provisions for establishment and maintenance of satisfactory

accounting systems and procedures which shall, at a minimum:

(1) Include an adequate system of internal accounting controls;

(2) Permit the preparation of financial statements in accordance with generally

accepted accounting principles;

(3) Be susceptible to audit and require a monthly financial accounting of the

gaming enterprises income and expenses by an independent auditor chosen by the

Tribe and approved by the management contractor;

(4) Allow the gaming operation, the Tribe and the National Indian Gaming

Commission to calculate the annual fee due the Commission under Section 18 of

the IGRA, 25 U.S.C. § 2717;

(5) Permit the calculation and payment of the management contractors fee;

and

(6) Provide for the allocation of operating expenses or overhead expenses

among the Tribe, the tribal gaming operation, the contractor, and any other user

of shared facilities and services;

(D) Reporting. Provisions which shall require the management contractor to provide

the Council on a monthly basis with verifiable financial reports or all information

necessary to prepare such reports;

Potawatomi Law and Order Code Title 12: Gaming

Enactcd by Tribal Council Rca. PB? 93-2 dated 1-6-1993.

Enacted by Get,. Counc. Oni. PBP:GC 93-1 dated 1-23-1993. 12 - 53
(E) Access. Provisions which shall require the management contractor to provide

immediate access to the gaming operation, including its books and records, by

appropriate tribal officials, who shall have;

(1) Absolute access to the daily operation of the gaming enterprise and to its

books, and the absolute right to verify the daily gross revenues of the gaming

enterprise at any time; and

(2) Access to any other gaming-related information the Tribe deems

appropriate;

(F) Guaranteed Payment to Tribe. Provisions which shall require a minimum

guaranteed monthly payment in a sum certain to the Tribe that has preference over the

retirement of development and construction costs;

(G) Development and Construction Costs. Provisions which shall establish an

agreed upon maximum dollar amount for the recoupment of development and

construction costs;

(II) Term Lhnits. Provisions which shall limit any such contract to a term not to

exceed five (5) years unless, upon the request of the Tribe for a longer term, the

Chairman of the National Indian Gaming Commission is satisfied that the capital

investment required and the income projections for the particular gaming operation

require the additional time, and authorizes a contract term that does not exceed seven (7)

years;

(I) Compensation. Provisions which shall detail the method of compensating and

reimbursing the management contractor and provide that if a management contract

provides for a percentage fee, such fee shall be either:

(1) Not more than thirty (30) percent of the net revenues of the gaming

operation if the Chairman of the National Indian Gaming Commission determines

that such percentage is reasonable in light of the circumstances; or

(2) Not more than forty (40) percent of the net revenues if the Chairman of

the National Indian Gaming Commission is satisfied that the capital investment

required and income projections for the gaming operation require the additional

fee;

(J) Termination Provisions. Provisions which shall establish the grounds and

mechanisms for modifying or terminating the contract;

(K) Dispute Resolution. Provisions which shall contain a mechanism to resolve

disputes between:

(1) The management contractor and customers, consistent with the procedures

in this Title;

(2) The management contractor and the Tribe; and

Potawatonn Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

54
(3) The management contractor and the gaming operation employees;

(L) Assignments and Subcontracting. Provisions which shall indicate whether and

to what extent contract assignments and subcontracting are permissible; and

(NI) Ownership Interests. Provisions which shall indicate whether and to what extent

changes in the ownership interest in the management contract require advance approval

by the Tribe.

HISTORICAL NOTES

Section 12-8-11 was deleted by resolution of the General Council October 23, 1993.

CHAPTER 12-9

ENFORCEMENT

Section 12-9-1. Criminal Enforcement.

(A) Indians. In enforcing this Title, the Tribe shall exercise concurrent criminal

jurisdiction with the State over Indians in accordance with 18 U.S.C. § 3243, subject to

the provisions of the Compact.

(B) Non-Indian. In enforcing the terms and provisions of this Title, the State shall

exercise exclusive criminal jurisdiction over non-Indians in accordance with 18 U.S.C.

§ 3243.

Section 12-9-2. Civil Enforcement.

In enforcing this Title with respect to all transactions or activities which relate to gaming

on the Reservation, the Tribe shall exercise civil jurisdiction over Indians and non-Indians.

Section 12-9-3. Cross-Deputization Agreement.

To the extent permitted by law, the Tribe and the State agree to enter into such cross

deputization agreements as may be necessary and proper to facilitate cooperation between tribal

and state law enforcement personnel.

Section 12-9-4. Prohibited Acts.

With respect to the jurisdiction of the Tribe exercises in this Title, in addition to other

civil and criminal offenses provided for herein, the following acts are prohibited and subject any

violator to either civil or criminal penalties, whichever is applicable, or both, as specified

herein:

(A) Participating in any Class II or Class III gaming activity which is not authorized

by this Title and licensed by the Tribal Commission.

Potawatomi Law and Order Code Title 12: Gaming

Enacted by Tribal Council Res. PBP 93-2 dated 1-6-1993.

En*cted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

55
(B) Knowingly making a false statement in an application for any gaming license or

employment with any operator or with the Tribal Commission.

(C) Knowingly making a false statement in connection with any contract to participate

in any gaming activity.

(D) Attempting to bribe any person participating in any gaming activity.

(E) Offering or accepting a loan, financing or other thing of value between a Tribal

Commission member or employee thereof and any person participating in any gaming

activity.

(F) Failing to keep sufficient books and records to substantiate receipts, disbursements

and expenses incurred or paid from any gaming activity.

(G) Falsifying any books or records which relate to any transaction connected with

any gaming activity.

(H) Conducting or participating in any gaming activity which in any manner results

in cheating or misrepresentation, and which allows any other disreputable tactics which

detract from the fair nature and equal chance of participation between gaming players,

or which otherwise creates an advantage over and above the chance of such gaming

activity and which affects its outcome.

(I) Conducting gaming activity with or allowing participation in gaming activity by

or with an intoxicated or disorderly player.

(J) Allowing or participating in the sale of liquor at gaming sites in violation of this

Title.

(K) Accepting consideration other than money, personal checks or other approved

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

(L) Using bogus or counterfeit chips or charitable gaming tickets, or substituting or

using any cards, charitable gaming tickets or gaming equipment that has been marked or

tampered with.

(M) Tampering with a gaming device, to manipulate the outcome or the payoff of the

gaming device.

(N) Altering or counterfeiting a gaming license.

(0) Knowingly aiding, abetting, or conspiring with another person, or knowingly

causing any person to violate any provision of this Title or any rule or regulation adopted

thereunder.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PB? 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Oid. PBP:GC 93-1 dated 1-23-1993. 12 -

56
(P) Operating, using or making available to the public any illegal gaming device,

apparatus, material, or equipment.

(Q) Selling, holding out for sale or transport into or out of the jurisdiction of the

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

(R) Assisting or allowing any person who is under age to participate in a game of

chance.

(S) Possessing any illegal narcotics or controlled substances on any licensed gaming

site.

(T) Stealing or attempting to steal funds or other items of value from any gaming

facility or from the Tribal Commission.

(U) Conspiring with or inducing any person to violate any of the provisions of this

Title or any tribal or federal law.

(V) Knowingly employing any person who has been convicted of or entered a plea of

nob contendere to a crime of theft, embezzlement, fraud, a gaming crime or any other

crime which, if perpetrated on the operators premises would threaten the fairness or

integrity of the game or create a threat to the public.

Section 12-9-5. Criminal Violation.

Any Indian who violates any provision of this Title or any order or decision of the Tribal

Commission, shall be guilty of a crime and may be required to pay a fine not to exceed $5,000

or be incarcerated for not to exceed two years. Each day during which any such violation

continues shall constitute a separate violation of this Title.

Section 12-9-6. Civil Violation.

Any non-tribal member who violates any provision of this Title or any order or decision

of the Tribal Commission, shall be liable for a civil fine not to exceed $5,000 for each such

violation. Each day during which any such violation continues shall constitute a separate

violation of this Title. The amount of any such civil fine may be recovered in a civil action in

the Tribal Court.

Section 12-9-7. Cumulative Remedies.

All remedies provided for in this Title shall be cumulative and the imposition of one such

remedy shall not bar or affect imposition of any other, nor bar the power of the Tribal Court

to punish for contempt or impose any criminal remedy upon any offender.

Potawatomi Law and Order Code Title 12: Gaming

EnActed by TribAl Council Res. PBP 93-2 dated 1-6~ 1993.

Enacted by Gui. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

57
Section 12-9-8. Purpose of Civil Penalties.

Civil tines imposed pursuant to this Title are intended to be remedial and not punitive

and are designed to compensate the Tribe for the damage done to the peace, security, economy

and general welfare of the Tribe and the Reservation, and to compensate the Tribe for costs

incurred by the Tribe in enforcing this Title. Civil fines imposed pursuant to this Title are also

intended to coerce all people into complying with this Title and any other applicable law and not

to punish such people for violation thereof.

Section 12-9-9. Civil Action for Penalties.

In enforcing the civil penalty provisions of this Title, the Tribal Commission shall

proceed, in the name of the Tribe, against a person for violation of any such provision by civil

complaint pursuant to the provisions of this Title. The Tribal Commission in such action shall

have the burden of showing, by the preponderance of the evidence, that such person violated the

applicable provision of this Title or any other applicable law.

Section 12-9-10. Seizure of Property.

All property utilized in violation of this Title shall be subject to seizure by order of the

Tribal Court.

Section 12-9-11. Reporting of Offenders.

The Clerk of the Tribal Court shall, upon final conviction of any person under this Title,

report the name of such person to the Tribal Commission and, in the case of conviction of an

Indian with regard to Class III gaming, to the State.

HISTORICAL NOTES

This Title approved and adopted by the Tribal Council, Resolution PBP 92-70, dated

December 12, 1992.

Potawatomi Law and Order Code Title 12: Gaming Enacted by Tribal Council Rca. PBP 93-2 dated 1-6-1993.

Enacted by Gen. Counc. Ord. PBP:GC 93-1 dated 1-23-1993. 12 -

58