MAY - 4 1995 

Gregg J. Bourland, Chairman 

Cheyenne River Sioux Tribe 

P.O. Box 590 

Eagle Butte, South Dakota 57625 

Dear Chairman Bourland: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, Ordinance 53B, adopted on March 15, 

1995, by the Cheyenne River Sioux Tribe (Tribe). This letter 

constitutes such approval under the Indian Gaming Regulatory Act 

(IGRA) . 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances withlrespect to the requirements of the IGRA' and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NICC regulations that may be included in a 

tribal ordinance are not'subject to review and approval. Also, 

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. § 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

§ 556.5 (b) . 

Thank you for submitting the ordinance of the Cheyenne River 

Sioux Tribe for review and approval. The NIGC staff and I look 

forward to working with you and the Tribe in implementing the 

IGRA. 

Sincerely yours, 

.I) 

cc: Mark C. Van Norman, Esq. 

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ORDINANCE 53B 

CHEYENNE RIVER SIOUX TRIBE 

GAMING ORDINANCE 

Compliance with the Indian Gaming Regulatory Act, 25 U.S.C. 9 2701 

et seq., by Enactment of Standard Provisions of the National Indian 

Gaming CommissionlModel Tribal Gaming Ordinance; Establishment of 

Tribal Gaming Commission for Licensing, Regulation and Enforcement; 

Designation of Tribal Police as Agency for Background Investigation 

Section 1. Title, Authority and Purpose. 

A. This Ordinance shall be known as the Cheyenne River Sioux 

Tribe Gaming Ordinance. 

B. The Tribal Council, being vested with authority by the 

Constitution of the Cheyenne River Sioux Tribe to enact Ordinances 

to establish justice and promote the welfare of the Tribe, Chey. R. 

Sx. CONST. Art. IV, § 1 ( 1935 ) , hereby enacts this ordinance to set 

the terms for class I1 and class I11 gaming operations on tribal 

lands, including all tribal trust lands and reservation lands. See 

Chey. R. Sx. CONST. Art. I (defining tribal territory). 

C. In accordance with the National Indian Gaming Commission 

Bulletin No. 93-1; the Cheyenne River Sioux Tribe Gaming Ordinance 

sets forth subjects required by the Indian Gaming Regulatory Act in 

the standard provisions recommended in NIGC's Model Tribal Gaming 

Ordinance. 

Section 2. Gaming Authorized. 

A. Class I1 gaming as defined in the Indian Gaming Regulatory 

Act, 25 U.S.C. 5 2.703(7)(A) and the regulations promulgated thereunder is hereby authorized. 

B. Class I I I gaming including, blackjack, poker, slot 

machines, video gaming machines, pari-mutuel horse and dog-racing, 

simulcasting, and lottery, is hereby authorized provided such games 

are authorized by and conducted in a manner consistent with a Class 

I11 Gaming Compact entered into between the Cheyenne River Sioux 

Tribe and the State of South Dakota. 

Section 3. Ownership of Gaming. 

The Tribe, or its wholly owned tribal corporation, shall have 

the sole proprieta'ry interest in and responsibility for the conduct 

of any gaming operation authorized by this ordinance. 

Section 4. Use of Gaming Revenue. 

A. Net revenues from class I1 and class I11 gaming shall be 

used only for the following purposes: to fund tribal government 

operations and programs; provide for the general welfare of the 

Tribe and its members; promote tribal economic development; donate 
to charitable organizations; or help fund operations of local 

government agencies. 

B. If the ~ribe elects to make per capita payments to tribal 

members, it shall authorize such payments only upon approval of a 

plan submitted to the Secretary of the Interior under to 25 U.S.C. 

§ 2710(b)(3). 

Section 5. Audit. 

A. The Tribe shall require an independent audit of gaming 

operations to be conducted annually and the Tribe shall submit the 

resulting audit reports to the National Indian Gaming Commission. 

B. All gaming related contracts that result in the purchase 

of supplies, services, or concessions in excess of $25,000.00 

annually, except for contracts for professional legal and 

accounting services, shall be specifically included within the 

scope of the audit that is described above in subsection A. 

Section 6. Protection of the Environment and Public Health and 

Safety. 

Gaming facilities shall be constructed, maintained and 

operated in a manner that adequately protects the environment and 

the public health and safety. 

Section 7. The Cheyenne River Sioux Tribe Gaming Commission. 

A. Tribal Gamina Commission Established. The Cheyenne River 

Sioux Tribe Gaming Commission (hereinafter the "Tribal Gaming 

Commission") is hereby established as an independent tribal agency 

to regulate Class I1 and Class I11 Gaming, see 25 U.S.C. § 2701 et 

seq., throughout the territory of the Tribe. 

B. -Gaminassion members hi^, Chairman, and Vice - 

Chairman. The Tribal Gaming Commission shall be composed of five 

members appointed by the Tribal Council. The Tribal Council shall 

designate one Tribal Gaming Commission member as Chairman, and one 

Tribal Gaming Commission member as Vice-Chairman. 

C. Terms of Office. 

(1) In General. Each member of the Tribal Gaming 

Commission shall hold office for a term of 5 years, 

except as provided in sub-paragraph 2 below. 

(2) Initial A~~ointments. To stagger the terms of the 

members of the Gaming Commission and provide a means of 

ensuring institutional experience, initial appointments 

to the Commission shall be made for the following terms: 
(a) The Chairperson shall be appointed for a term 

of five years; 

(b) The Vice-Chairperson shall be appointed for a 

term of four years; 

(c) One member shall be appointed for three years; 

(d) One member shall be appointed for two years; 

and 

(e) One member shall be appointed for one years. 

(3) Limitation. No member shall serve for more than 2 

terms of 5 years each. 

D. Reauirements of Members. No member of the Tribal Gaming 

Commission may- 

(1) be actively engage in or have any direct financial 

interest in gaming activities; 

(2) have any financial interest (other than a general 

financial interest shared by all members of the Tribe as 

tribal members) in any business or organization that does 

business with a gaming operation of the Cheyenne River 

Sioux Tribe; 

(3) have been convicted of any felony or gaming offense; 

(4) have any financial interest in, or management 

responsibility for, any gaming-related contract or any 

other contract to supply goods or services to a gaming 

operation of the Cheyenne River Sioux Tribe; or 

(5) be less than twenty-five years of age. 

E. Additional Factors to Be Considered. As far as possible, 

the Cheyenne River Sioux Tribe shall seek to ensure that: 

(1) at least one member of the Tribal Gaming Commission 

has a background in financial accounting, record keeping, 

and finance; and 

(2) at least one member of the Tribal Gaming Commission 

has a background in law enforcement, with experience in 

the field of investigation or regulatory enforcement. 

F. Bac karound - Investiaations. Eligibilitv Determinations, and 

 ointments to the Tribal GamAng Commission. Prior to an appointment of a person to the Tribal Gaming Commission, Tribal Council 

shall cause a background check to be conducted and shall make an 
eligibility determination as set forth below: 

(1) The Tribal Police Department shall conduct a 

background investigation concerning any person under 

consideration for appointment to the Commission with 

particular regard to the requirements for members of the 

Tribal Gaming Commission, set forth above in sub-section 

D above, and the financial stability, integrity, 

responsibility, and reputation good character, honesty, 

and integrity of the nominee. 

(2) The Tribal Council shall then review the nominee's 

prior activities, criminal record, if any, and reputation, habits, and associations to then make a finding 

regarding eligibility for appointment as a member of the 

Tribal Gaming Commission. 

(3) If the nominee fails to meet the requirements for 

members of the Tribal Gaming Commission, set forth in 

sub-section D above, or if the Tribal Council determines 

that appointment of the nominee poses a threat to the 

public interest, or effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or 

illegal practices and methods or activities in the 

conduct of gaming, then the nominee shall not be 

appointed to the Tribal Gaming Commission. 

(4) No individual who is not eligible for employment as 

a primary management official or key employee shall be 

appointed to the Tribal Gaming Commission. 

If the Tribal Council determines that a nominee has met all the 

requirements for members of the Tribal Gaming Commission, set forth 

in sub-section D above, and is eligible for appointment as set 

forth in this sub-section, then the Tribal Council may proceed to 

appoint the nominee to the Tribal Gaming Commission. 

Section 8. Removal of Members; Good Cause; Unexcused Absence -- 

Vacancies. 

A. Removal from Office. The Tribal Council may only remove 

Tribal Gaming Commission members before expiration of the term of 

office for good cause shown. The Tribal Gaming Commission may only 

remove one of its members before expiration of the term of office 

after he or she has been absent without excuse for 3 or more 

consecutive meetings. 

B. Good Cause for Removal. The following shall be and are 

cause for removal from the Tribal Gaming Commission: 

(1) Abuse of office, including the acceptance of any bribe or 

inducement to influence the official decision making of the 
Tribal Gaming Commission; 

(2) ~alfeasance or misfeasance in the performance of official 

duties; 

(3) Neglect of duty; 

(4) Conviction of a felony or a gaming related offense; 

(5) Failure to comply with federal or tribal gaming laws and 

regulations, including failure to comply with the requirements 

for members of the Tribal Gaming Commission, set forth in subsection D above. 

C. Procedure for Removal for Cause bv Tribal Council. Upon 

receiving informakion or evidence that good cause exists to remove 

a Tribal Gaming Commission member from office before expiration of 

the term, the Tribal Council shall: 

(1) Schedule a hearing to consider the removal of said member 

from office and provide said member with no less than 15 days 

written notice of the hearing and the allegations against him 

or her. 

(2) Conduct a hearing, which provides said member with a 

right to hear all evidence that good cause exists for removal, 

a right to answer that evidence and a right to present 

evidence in his or her own behalf, including testimony, 

affidavits, documents and other competent materials. 

(3) Make a determination whether good cause exists for 

removal after the close of evidence: 

(a) If Tribal Council determines by majority vote that 

a preponderance of evidence proves that good cause exists 

to remove said Tribal Gaming Commission member from 

office, he or she shall is thereby immediately removed 

from office. 

(b) If the Tribal Council determines that no good cause 

exists for removal said Tribal Gaming Commission member 

from office, he or she shall continue in office and the 

hearing shall be at an end. 

D. Procedure for Removal bv Tribal Gaming Commission for 

Unexcused Absences From Gamina Commission Meetinas. The Tribal 

Gaming Commission may, after 3 or more consecutive unexcused 

absences from regularly scheduled Commission meetings by any 

member : 

(1) Schedule a hearing and provide said member with no less 

than 15 days notice of the hearing and the allegations against 
him or her. 

(2) Conduct a hearing, which provides said member with a 

right to hear all evidence that shows that he or she was 

absent without excuse from 3 or more consecutive Tribal Gaming 

Commission meetings, a right to answer said evidence, and a 

right to present evidence in his or her own behalf, including 

excuses for said absences. 

(3) Make a determination whether said members was absent 

without excuse for 3 or more consecutive Tribal Gaming 

Commission meetings after the close of the evidence: 

(a) If the Tribal Gaming Commission determines by 

majority vote that a preponderance of evidence proves 

that said member was absent without excuse for 3 or more 

consecutive Tribal Gaming Commission meetings, he or she 

is thereby immediately removed from office. 

(b) If the Tribal Gaming Commission determines that said 

member was not absent without excuse for 3 or more 

consecutive Tribal Gaming Commission meetings, he or she 

shall continue in office and the hearing shall be at an 

end. 

E. Fillina Vacancies. When a Tribal Gaming Commission member 

vacates or is removed from his or her office before the expiration 

of the term of office, the Tribal Council shall appoint a qualified 

individual for the remainder of that term of office in accordance 

with the procedure and the requirements for regular appointments to 

the Tribal Gaming Commission. 

Section 9. Powers of the Tribal Gaming Commission. The Tribal 

Gaming Commission shall have the following powers in addition to 

any powers specified elsewhere in this Ordinance: 

A. Reaulations. After providing public notice and allowing 

thirty days for public comment, to promulgate regulations necessary 

to carry out the Tribal Gaming Commission's responsibilities under 

this Ordinance. 

B. Backaround Investiaatio n s . To cause the Tribal Police to 

conduct background investigations of management officials and 

employees of gaming operations in accordance with Section - below. 

C. Licensina Primary Manaaement Officials and All E~R~oY~~s 

~f Gamina O~erations. To license primary management officials and 

employees of gaming operations in accordance with Section - below. 

D. Licensina Gamina Facilities. To license, each facility, 

place or location on the Indian lands of the Tribe where gaming is 

to be conducted in accordance with Section - below. 
E. Monitorina Com~liance and Accountabilitv. To monitor 

compliance with this Ordinance and regulations promulgated thereunder, the Class I11 Compact Between the Tribe and the State of 

South Dakota, and the Indian Gaming Regulatory Act, 25 U.S.C. 5 

2701 et seq., to ensure that all gaming is conducted fairly and 

honestly by both the operator and players, and to ensure that all 

gaming funds, proceeds, and revenues are properly accounted for, 

through inspections of records, procedures, and premises, reviews 

of security and surveillance systems, accounting reviews, audits 

and investigations. 

F. Enforcement. To enforce this Ordinance and regulations 

promulgated thereunder, the Class 111 Compact Between the Tribe and 

the State of South Dakota, and the Indian Gaming Regulatory Act, 25 

U.S.C. 5 2710 et seq. by conducting administrative review hearings, 

and after holding hearings, by issuing compliance orders, issuing 

license restrictions, suspensions, revocations, and terminations, 

imposing fines, and in the case of a licensee's failure to comply 

with Gaming Commission orders, to seek injunctive relief in tribal 

court. 

G. Coo~eration with Law Enforcement Aaencies. To cooperate, 

confer with and assist, as appropriate, the Tribal Police and 

Tribal Prosecutor, Federal Bureau of Investigation, National Indian 

Gaming Commission, and other law enforcement agencies in enforcing 

gaming laws and prosecuting gaming law violations. 

H. Be~orts. To report to the Tribal Council and the National 

Indian Gaming Regulatory Committee as necessary. 

I. -enses and Accounting. To approve a proposed 

annual budget for submission to the Tribal Council and after Tribal 

Council approval of its budget, to pay expenses, salaries, stipends 

and miscellaneous costs as necessary in accordance with its budget; 

provided, that complete and accurate records shall be maintained of 

all Tribal Gaming Commission funds, expenses, salaries, stipends 

and miscellaneous costs. 

J. personnel. To hire, supervise and discipline personnel 

necessary to assist the Tribal Gaming Commission in the fulfillment 

of its duties and responsibilities. 

K. Necessary and Pro~er. To exercise such other incidental 

powers as are necessary and proper to carry out the above powers, 

including the issuance of subpoenas and other process, discovery 

requests, show cause orders, and citations for contempt of Tribal 

Gaming Commission orders or process. 

Section 10. Meetings of the Tribal Gaming Commission. The 

Tribal Gaming Commission shall meet in regular meetings to conduct 

the ordinary business of the Tribal Gaming Commission. The Tribal 

Gaming Commission shall meet in special meetings as necessary to 
resolve urgent matters or to conclude unfinished business from 

regular meetings. 

A. Regular Meetinas. Regular meetings of the Tribal Gaming 

Commission shall be held once per month and said meetings shall 

convene on the first Monday of each month, unless the Tribal Gaming 

Commission sets a different date at its prior Regular meeting. 

B. S~ecial Meetings. Special Meetings shall convene at the 

call of the Chairman or any three Tribal Gaming Commission members 

upon not less than 3 days written notice to all Tribal Gaming 

Commission members, specifying the time and place of, and subjects 

to be considered at, the meeting. 

Section 11. Quorum; Voting; Meeting Procedure; and Records. 

A. Quorum. The quorum of the Tribal Gaming Commission shall 

be 3 members at any regular or special meeting. 

B. Voting. Each member of the Tribal Gaming Commission shall 

be entitled to one vote; provided, however, the Chairman of the 

Tribal Gaming Commission shall vote only in the case of a tie. 

Tribal Gaming Commission regulatory and business matters shall be 

decided by a majority vote unless otherwise required by tribal law. 

C. Procedure. The Tribal Gaming Commission may establish 

written procedures for the conduct of meetings. Unless and until 

such written procedures are adopted, the procedures for the conduct 

of meetings shall be governed by this Ordinance as supplemented by 

Roberts Rules of Order. 

D. Records. The Tribal Gaming Commission shall maintain 

verbatim records of all Tribal Gaming Commission meetings and 

hearings. 

Section 12. Hearings. The Tribal Gaming Commission shall 

schedule hearings whenever necessary to ensure compliance with 

gaming laws, the integrity of tribal gaming operations, or the 

accountability of gaming operations for funds. 

A. Notice. Except as provided below in sub-section B, the 

Tribal Gaming Commission shall provide 15 days written notice of 

hearings to the interested parties setting forth the nature of and 

reason for the hearing, any allegations against those parties, and 

the time and place for the hearing. 

B. Tem~orarv Restrainina Orders and Show Cause Orders. When 

the Tribal Gaming Commission has reason to believe that there has 

been a significant violation of tribal or federal gaming laws, or 

the integrity of a gaming operation or its accountability for funds 

is in jeopardy, the Tribal Gaming Commission may issue show cause 

orders to require interested parties to appear on 24 hours notice 

for an emergency hearing to provide and temporary restraining 
orders to provideinterim relief if necessary. Service of a show 

cause order shall be by hand delivery to interested parties or 

their agents. I 

C. W~oenas. The Tribal Gaming Commission may issue 

subpoenas for witnesses, documents, and other tangible evidence as 

necessary to aid in enforcement of this Ordinance and regulations 

promulgated thereunder, the Class 111 Compact between the Tribe and 

the State, and the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 

et seq. An interested party may request in writing that the Tribal 

Gaming Commission issue subpoenas to compel the attendance of 

witnesses or production of other evidence favorable to that party. 

D. Procedure. The Chairman of the Tribal Gaming Commission 

shall preside at hearings. An attorney, investigator, or employee 

of the Tribal Gaming Commission shall begin by presenting information or evidence concerning the Commission's cause for concern. 

Then the interested parties shall have an opportunity to rebut and 

offer information or evidence in their own behalf. Thereafter, the 

Tribal Gaming Commission shall take the matter under advisement and 

render its decision. 

E. ~vidence. The Chairman of the Tribal Gaming Commission 

may admit probative information and evidence without regard to 

formal Rules of Evidence, provided, that all parties' rights to due 

process of law are protected. If witnesses are called to testify, 

testimony may be limited to relevant matters, and opposing parties 

shall be afforded an opportunity to cross-examine the witnesses. 

F. Commission Orders. If official action is necessary after 

a hearing, the Tribal Gaming Commission shall issue written orders 

which may restrict, suspend, revoke, or terminate a license, enjoin 

an activity, impose a fine, or grant such further relief as it 

finds necessary to fulfill its regulatory responsibility together 

with the reasons for the action taken. 

G. meal. Within 30 days after the issuance of an order of 

the Tribal Gaming Commission, any interested party may appeal the 

order to the tribal court. The tribal court shall uphold the order 

of the Tribal Gaming Commission, unless it finds that the Tribal 

Gaming Commission ' committed a clear error of law, abused its 

discretion, or there was no support for the Commission's factual 

findings. 

Section 13. Tribal Gaming Commission Stipend. Each Tribal Gaming 

Commission member may receive a stipend of $100.00 per Commission 

meeting. In addition, Tribal Gaming Commission members may receive 

reimbursement for travel in excess of twenty miles at the tribal 

government rate for travel. 

Section 14. Conflict of Interest. All Tribal Gaming Commission 

members shall avoid conflicts of interest generally. No Tribal 
Gaming Commission member, attorney, or employee, or immediate 

family member thereof, shall have a financial interest (other than 

a generalized interest shared by all members of the Tribe as tribal 

members) in a gaming operation or a business which contracts with 

or provides services to a gaming operation. 

Section 15. Licenses for Key Employees and Primary Management 

Officials. 

The Tribal Gaming Commission shall ensure that the policies 

and procedures set out in this section are implemented with respect 

to key employees, and primary management officials employed at any 

class I1 gaming or class I11 gaming enterprises operated in Indian 

lands : 

A. Definitions. For the purposes of this section, the 

following definitions apply: 

(a) A person who performs one or more of the following 

functions: 

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming supplies or 

cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier ; 

Approver of credit; or 

Custodian of gambling devices including persons 

with access to cash and accounting records within 

such devices. 

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

cash compensation is in excess of $50,000.00 per year; or 

(c) If not otherwise included, the four most highly 

compensated persons in the gaming operation; 

2. Primarv management official means 

(a) The person having management responsibility for a 

management contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 
(2) To set up working policy for the gaming operation; 

or I 

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

financial management responsibility. 

Class I1 and Class I11 Gamin9 Kev Emvlovee and Primarv 

Management Official Licensees. The following notice shall be 

placed on the application form for a key employee or primary 

management official before that form is filled out by an applicant: 

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. 5 2701 et seq. 

The purpose of the requested information is to determine 

the eligibility of individuals to be employed in a gaming 

operation. The information will be used by National 

Indian Gaming Commission members and staff who have 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 the tribal gaming operation 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. 

1. Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

a. Complete a new application form that contains a Privacy 

Act notice; or 

b. Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

2. The following notice shall be placed on the application 

form for a key employee or a primary official before that form is 

filled out by an applicant: 
A false' statement on any part of your application 

may be grounds for not hiring you, or for firing 

you after you begin work. You may also be punished 

by fine or imprisonment under applicable federal or 

tribal law. See 18 U.S.C. 5 1001. 

3. Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

a. Complete a new application that contains a notice 

regarding false statements; or 

b. Sign a statement that contains the notice regarding false 

statements. 

1. J3formation Reauired. The Tribal Gaming Commission shall 

require each primary management official and each key employee to 

furnish all of the following information: 

a. Full name, other names used (oral or written), social 

security number(s), birth date, place of birth, 

citizenship, gender, all languages (spoken or written); 

b. Currently and for the previous 5 years: business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers 

license numbers; 

c. The names and current addresses of at least three 

personal references, including one personal reference who 

was acquainted with the applicant during each period of 

residence listed under paragraph l(b) of this subsection; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with the gaming industry generally, 

including ownership interests in those businesses; 

f. A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses; 

g. The name and address of any licensing or regulatory 

agency with which the person has filed an application for 

a license or permit related to gaming, whether or not 

such license or permit was granted; 

h. For each felony, for which there is an ongoing 

prosecution or a conviction, the charge, the name and 
address of the court involved, and the date and 

disposition if any; 

i. For each misdemeanor conviction or an ongoing misdemeanor 

prosecution (excluding minor traffic violations), within 

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

address of the court involved and the date and 

disposition; 

. For each criminal charge (excluding minor traffic 

charges), whether or not there is a conviction, if such 

criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to 

paragraph l(h) or l(i) of this subsection, the criminal 

charge, the name and the address of the court involved 

and the date and disposition; 

k. The name and address of any licensing or regulatory 

agency with which the person has filed an application for 

an occupational license or permit, whether or not such 

license or permit was granted; 

1. A current photograph; 

m. Any other information the Tribe deems relevant; 

n. Fingerprints; and 

o. For Class I11 applicants, a written release authorizing 

the State of South Dakota to conduct a concurrent background investigation. 

Upon receipt of the information required of each key employee and 

primary management official applicant, the Tribal Gaming Commission 

shall forward a certified copy of each applicant's information to 

the Tribal Police Department. 

2. Investiaation. The Tribal Police Department shall conduct 

a background investigation sufficient to make a determination under 

subsection D below, and to comply with the terms of the Class I11 

Tribal-State Gaming Compact entered into by the Tribe and the State 

of South Dakota, where applicable. 

In conducting such investigations, the Tribal Police shall 

perform the following functions: 

a. Finaer~rinting. In accord with standard law enforcement 

procedures, the Tribal Police shall fingerprint any and 

all applicants for key employee and primary management 

official positions after verifying the identity of each 

applicant by a review of at least two forms of picture 

identification issued by the federal, state or tribal 
government. 

b. Verifvina ADDlicant Information. The Tribal Police shall 

verify the required information provided by applicants by 

written or oral communication with former employers and 

business associates, neighbors, personal references, and 

as appropriate government regulatory agencies and courts. 

c. Inauirina Into Past Activities and Character. The Tribal 

Police shall conduct inquiries regarding each applicant's 

criminal records, past business and personal activities, 

reputation, and character, through: 

(i) the review of required information; 

(ii) standard law enforcement search of National 

Crime Information Computer (NCIC) data; 

(iii) personal and telephonic interviews of prior 

employers for at least ten years, prior business 

associates, neighbors, personal references; and 

(iv) as appropriate, review of records held by 

government agency records and court records. 

d. Documenting Potential Problem Areas and Disaualifving 

Information. The Tribal Police shall document potential 

problem areas and disqualifying information revealed by 

the background investigation. 

e. Jssuina Backaround Investigation Re~orts to Tribal Gaming 

Commission. In concluding every background investigation 

the Tribal Police shall issue an investigative report to 

the Tribal Gaming Commission, including the following: 

(i) Steps taken in conducting the background 

investigation; 

(ii) A List of Results Obtained; 

(iii) Description of Conclusions Reached; and 

(iv) The Bases for Those Conclusions. 

D. Eliaibilitv Determination. 

Based upon the applicant's submission of required information, 

a thorough review of the background investigation and investigative 

reports developed by Tribal Police, the Tribal Gaming Commission 

shall review a person's prior activities, criminal record, if any, 

and reputation, habits and associations to make a finding regarding 

the eligibility of a key employee or primary management official 
for employment in a gaming operation. If the Tribal Gaming 

Commission determines that employment of a person poses a threat to 

the public interelst or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal 

practices, methods or activities in the conduct of gaming, a tribal 

gaming operation shall not employ that person in a key employee or 

primary management official position. 

E. Procedures for Forwardina ADDlications and Re~orts for 

Kevanawment M Of ficials to the 

pational Indian Gaming Commission 

1. When a key employee or primary management official begins 

work at a gaming operation authorized by this ordinance, the Tribal 

Gaming Commission, shall forward to the National Indian Gaming 

Commission a completed application for employment and: 

a. the Tribal Police shall conduct the background 

investigation referred to in subsection C of this 

section; and 

b. the Tribal Gaming Commission shall make the 

determination referred to in subsection D of this 

section. 

2. The Tribal Gaming Commission shall forward the report 

referred to in subsection F of this section to the National Indian 

Gaming Commissionwithin 60 days after an employee begins work or 

within 60 days of the approval of this ordinance by the Chairman of 

the National Indian Gaming Commission. 

3. No gaming operation shall employ as a key employee or 

primary management official a person who does not have a license 

after 90 days. 

F. Beport to the National Indian Gamina Commission 

1. Pursuant to the procedure set out in subsection E of this 

section, the Tribal Gaming Commission shall prepare, or cause to be 

prepared under its oversight, an investigative report on each background investigation, and forward said investigative report to the 

National Indian Gaming Commission. Said investigative report shall 

include all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 
2. The Tribal Gaming Commission shall submit, with the 

report, a copy ;of the eligibility determination made under 

subsection D of this section. 

3. If a license is not issued to an applicant, the Tribal 

Gaming Commission: 

a. Shall notify the National Indian Gaming Commission; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian 

Gaming Commission for inclusion in the Indian Gaming 

Individuals Records System. 

4. With respect to key employees and primary management 

officials, the Tribe shall retain applications for employment and 

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

Chairman of the National Indian Gaming Commission or his or her 

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

termination of employment. 

G. Grantina - a Gamin9 License. 

1. If, within a thirty (30) day period after the National 

Indian Gaming Commission receives a report, the National Indian 

Gaming Commission notifies the Tribe that it has no objection to 

the issuance of a license pursuant to a license application filed 

by a key employee, or a primary management official for whom the 

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

Gaming Commission may issue a license to such applicant. 

2. The Tribal Gaming Commission shall respond to a request 

for additional information from the Chairman of the National Indian 

Gaming Commission concerning a key employee or primary management 

official who is the subject of a report. Such a request shall 

suspend the thirty (30) day period under paragraph G. 1. of this 

section until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

3. If, within the thirty (30) day period described above, the 

National Indian Gaming Commission provides the Tribal Gaming 

Commission with a statement itemizing objections to the issuance of 

a license to a key employee or primary management official for whom 

the Tribal Gaming Commission has provided an application and 

investigative report to the National Indian Gaming Commission, the 

Tribal Gaming Commission shall reconsider the application, taking 

into account objections itemized by the National Indian Gaming 

Commission. The Tribal Gaming Commission shall make the final 

decision whether to issue a license to such applicant. 

H. License Suspension. 
1. 

Gaming 

Commiss 

If, after the issuance of a gaming license, the Tribal 

commission receives from the National Indian Gaming 

ion reliable information indicating that a key employee or 

a primary management official is not eligible for employment under 

subsection D above, the Tribal Gaming Commission shall suspend such 

license and shall notify in writing the licensee of the suspension 

and proposed revocation. 

2. The Tribal Gaming Commission shall notify the licensee of 

a time and a place for a hearing on the proposed revocation of a 

license and shall conduct the hearing accordingly. 

3. After a revocation hearing, the Tribal Gaming Commission 

shall decide to revoke or to reinstate a gaming license. The 

Tribal Gaming Commission shall notify the National Indian Gaming 

Commission of its decision. 

Section 16. Facility Licenses. 

The Tribal Gaming Commission shall issue a separate operating 

license to each place, facility, or location on tribal lands where 

class I1 or class I11 gaming is conducted under this ordinance. 

PROHIBITIONS AND PENALTIES 

Section 17. Prohibition on Unauthorized Gaming. 

Any Class I1 and Class I11 Gaming not in accordance with this 

ordinance or any other tribal gaming law is strictly prohibited. 

Section 18. Prohibition on Gaming by Minors. 

It is prohibited for any person under the age of twenty-one to 

participate in any gaming activity, except that persons eighteen 

years of age or older may play bingo and purchase raffle or lottery 

tickets. 

Section 19. Prohibition on Gaming by Intoxicated Persons. 

It is prohibited for any person who is visibly intoxicated to 

participate in any gaming activity. 

Section 20. Prohibition on Cheating. 

It is prohibited for any person to conduct or knowingly 

participate in gaming related activity which results in cheating, 

misrepresentation, or other unfair practice which detracts from the 

opportunity of all players to have a fair and equal chance to win, 

or which otherwise removes the outcome of the game from the realm 

of chance. 
Section 21. Mandatory Compliance with Federal and Tribal Revenue 

Laws. 

It is prohibited for any operator to fail to comply with all 

applicable federal and tribal revenue laws. 

Section 22. No Credit Extended 

All gaming shall be conducted on a cash basis. Except as 

herein provided, no person shall be extended credit for gaming by 

any gaming facility operated within the territory of the Tribe, and 

no operation shall permit any person or organization to offer such 

credit for a fee. This restriction shall not apply to credits won 

by players who activate play on gaming machines after inserting 

coins or currency into the game, and shall not restrict the right 

of the Tribe or any other person to offer check cashing or accept 

bank card or credit card transactions. 

Section 23. Standards for Class I11 Gaming Devices 

No class I11 gaming device shall be operated within the 

territory of the Tribe, unless it meets or exceeds requirements for 

hardware and software established by state law. 

Section 24. Penalties for Violations; Forfeiture of Property. 

In addition to any criminal penalties and any other civil 

penalty, the Tribal Gaming Commission may impose a civil fine of up 

to $5,000 per day for any violation of this Ordinance, regulations 

thereunder, or any order of the Commission. Property used-in 

violation of this Ordinance, regulations promulgated thereunder, or 

any order of the Commission is subject to immediate seizure and 

forfeiture in accordance with the procedure set forth in the tribal 

forfeiture ordinance. 

Section 25. Dispute Resolution 

Any dispute arising between the gaming public and the tribal 

gaming corporation or the Tribe shall be resolved in the courts of 

the Cheyenne River Sioux Tribe in accordance with the Constitution 

and By-Laws of the Tribe and tribal court procedures. 

Provided, however, that in any dispute arising from class I11 

gaming where a non-Indian is a defendant the case shall be heard in 

state court. 

Section 26. Repeal 

Upon approval of this Ordinance by the Chairman of the 

National Indian ~am'ing Commission, any and all prior tribal gaming 

ordinances and regulations shall be and are immediately repealed. 
CERTIFICATION 

I, the undersigned, as Secretary of the Cheyenne River Sioux Tribe, 

certify that the Tribal Council is composed of fifteen (15) 

members, of whom 11, constituting a quorum, were present at a 

meeting, duly and regularly called, noticed, convened and held this 

15th day of March, 1995, Regular Session; and that the foregoing 

Ordinance 53B was duly adopted at such meeting by an a£ firmative 

vote of 10 for, 0 against, 1 not voting and 4 absent.