Via First Class Mail 

Jamie Azure 

Chairman, Tuttle Mountain Band 

Of Chippewa Indians 

4180 Highway 281 

P.O. Box 900 

Belcourt, N.D. 58316 

September 24, 2018 

Re: Turtle Mountain Band of Chippewa Indians' Amendments to Gaming 

Ordinance; Resolution TMBC 1247-06-18 

Dear Chai1man Azure: 

This letter responds to your July 20, 2018 request on behalf of the Tuttle Mountain Band 

of Chippewa Indians for the National Indian Gaming Commission Chairman to review and 

approve a gaming ordinance amended by tribal resolution TMBC 1247-06-18. This ordinance 

amends Turtle Motmtain's Gaming Title 25. 

Thank you for submitting the amended gaming ordinance for review and approval. The 

amended gaming ordinance is approved as it is consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. If you have any questions concerning this letter 

or the ordinance review process, please contact Steve Iverson at (202) 632-7003. 

Sincerely, 

Jonodev 0. Chaudhuri 

Chairman 

cc: Alysia LaCounte, Tribal Counsel (alysia.lacounte@gmail.com 

NEW MAILING ADDRESS: NIGC/OEPARTMENT OF THE INHRIOR 1849 C Street NW, Mail Stop # 1 f.>21 WC1•hington, DC 20240 Tel: 202.632.7003 fox: 20') 632,/0M 

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WWW.NIGC.GOV 
RESOLUTION NUMBER TMBC1247-06-18 OF THE DULY ELECTED AND CERTIFIED 

GOVERNING BODY OF THE TURTLE MOUNTAIN BAND OF CHIPPEWA INDIANS 

WHEREAS, the Turtle Mounta in Band of Chippewa Indians. hereinafter referred to as the 

Tribe, is an unincorporated Band acting under a revised Constitution and ByLaws approved by lhe Secretary of the Intertor on Jun e 16th, 1959 and 

amendments thereto approved: and 

WHEREAS, Article IX (a) Section I of the Turlle Mountain Constitu tion an d By-Laws 

empowers the Tribal Council with the authority to represen t the Band and to 

n egotiate with Federal, Sta le. and Local Governments and with prtvate person s; 

an d 

WHEREAS, Article IX (a) Section 1 of the Turtle Mountain Constitu tion an d Bylaws requires 

a 30-day commen t period prior Lo the adoption of any ordina nces or 

amen dments to th e Tribal Code, wheth er proposed by resolution or otherwise. 

Adoption mu sl occur through a roll call vote of lhe Tribal Cou ncil al a publicly 

held meeting; and 

WHEREAS, the Tribe, by Resolution No. TMBCl 103-04-18 approved a comment period for 

proposed revisions or additions lo Title 25 of lhe Trib al Gaming Code, Section 

25. 1175, fair h earing procedures and the definitions section, and n o written 

comments wer e received; n ow 

THEREFORE BE IT RESOLVED that the Tribe is approving revisions or a dditions to Tille 25 

of the Tribal Gaming Code, Fa ir Hearing Procedu res and lhe definition of terms 

section. 

CERTI F I CATION 

I, the undersigned Tribal Secretary of the Turtle Mountain Band of Chippewa Indians, do 

hereby certify tha t the Tribal Council is composed of nine (9) members of wh om nine (9) 

con stituting a qu orum were presen t at a meeting duly called, conven ed and held on lhe 

29th day of June, 2018 tha t the foregoing resolution was adopted by an affirmative vote of 

seven (7) infavor - Represen ta tives Don Keplin, Alice G. Lunday, 'fyrrell DeCoteau, Roman 

F. Marcellais, Lynn Gourneau, J im Baker a nd Chad Counts; on e (1) opposed-Rep. Stuart 

LaFountain ; with the Tribal Ch airman not voting. Q , ~ :: 

__J_/lv.; a .. ~ 

1 Chairman 
25 . 0 10 1 

TITLE 25 

GAMING CODE 

CHAPTER 25 . 01 

Gaming Commi ssion & General Provisi ons 

Gaming Commission Establi s h ed 

1 . There is hereby esLablished Lhe Turtle Mountain Ba nd of Chippewa Gaming 

Commission , (Commission) , which sha Ll requlate .;11 Class II and :rr 

gam.:.ng activities conducted Of' Indian Land as defined by th.:: Indian 

Gaming Regulatory Act , (IGRA), 25 u. s . c . §§ 2701 et seq . The Commission 

shall consist of five (5) membLrs , composed of a chairman and rour (4) 

associate Commissioners . 

a . rhe chairman and associate Conunissioners shall be appointed and 

a pproved by resolulion of the Tribal Council . 

b . Within ninety (90) days of approva o f this Restated Title ?5 by 

t he Indian Gaming Commission pu rsuant: to the Indi an Gami ng 

Regulatory Act (lGRA) , the 'I'ribal Council sh ... l appoint the initial 

'""hairman to a thre~-year t.e1m enoing in December of 2021 ; and 

c . The remaining members to an initial two-year term ending in 

December of 2020 . 

d . Thereafter, the Triba l Council shall appoinL by resolution , the 

chairman and assoc"ate r.ommissicners to terms of three years . 

e . Commissioners are not: emp 1 oyees but serve as needed for Gaming 

Commissi on meetings. 

2 . Qua lifi ca l ions for Commissioners : 

a . The Tribal Chairman shall conduct or cause t o be conduct ed an 

inquiry into each appointee ' s financial stability, · n>-egrity, and 

good repura t ion prior to appointing a member t.o the Commission wi th 

Lriba l , federal and state law cnforc-ement agenci<?s and shall make 

an appropr~ate eligibility det:ermin.;tion based upor the outcome of 

t he investigation prJ or to appointment: to the Commission . 

b . The Tribal Council shall en~ure that ~riminal background checks are 

prepared for all candid~Les for the Commissi on . 

c . The Ca ndidates for Commission are enrolled TMBCI Tribal members . 

3 . Prohibitions on service 

4 . 

a . No indi vidual who has a conflict 01 interest 

Title shall be eligible for appointment to 

Commission ; 

prohibited by this 

or service on the 

b . No individual who has b een convi cLPd Jf CJ felony, or a gaming 

offense may serve •n ::t"' Ccrnmission . 

c . No indi vidual with a conviction for a garni ng offense under any 

jurisdiction' s laws will be eligibl~ to ser~t on th~ Gaming 

rommission . 

d . The Tribal Council mdy consider a person with a Eelony7 for 

dppointrr:ent '"o the Commission provided the Council has made a 

writ Len determinacion thi:tt such a person is sufticientl y 

rehabilitated and the convlctior did no~ invo.ve a ganing cf~ense . 

The chairman of the Commission shall havi:> overall supervision and 

responsibility of t.he Conmission ac-tiviLies. It shall be the duty of 

the c ha irman , with the concurrence of the Eour ( 4) associate 

Corrunissioners, to establish a plan cl .nganization for the Commission 

and its sta ff . 

Adopted-Resolution No. TMBC l 247-06- 18 

Page I of 35 
25.0102 

25.0103 

25.0104 

25.0105 

5 . Two Tribal Council elected ot ficials shall be appointed as liaison to 

the Commission to ensJre good communication between the Commission and 

the governmenl . They are not members of the Commission and ar~ nonvoting partners. 

Establishment of the Tribal Gaming Regulatory Authority 

The Tribe establishes the office of Tribal Gaming 

office whose responsibilities arc to providu 

Commission so that lhe Conunission may perform its 

the Commission as follows : 

R~quldt.:ory Auchority (TGRA) 

suppo1t services to the 

dut~es and shal! report to 

1. To ensure that the licensed gaming 'Stablishment;s comply with gaming laws 

of the United States, the Tribe , and applicable Tribal - No:n:h Dakota 

State Compact . 

2 . 

3 . 

4 . 

5 . 

To periorm background checks are performed on gaming employees and 

vendors; 

To call for hold monthly meetings of i;he Commission to ensure the 

Commission ' s r esponsibilities ate met ; 

TGRA are employees ot the Tribe a.nd subject to che Human Resource 

p ol i cies of the Tribe . 

To conduct all business necessary in the enforcement of this Ticle . 

No delegated authority to waive sovereign immunity of the Tribe 

In the exercise of it:s po,,.11Hs and duties, neither t.he Commission nor c1ny of 

its members nor any ":>f its employees shall waive the immunity of the 

Commission o r of the Turtle Mouncaln Band of Chippewa from suit without the 

expressed consent: of the Tribdl Council of l1e rurtle Mountdin Band of 

Chippewa . 

Bonding 

Commission members and Corrunission personnel , if any, 

a mount of at least $10 , 000 , whi~h ~ost shall te borne 

budget . 

Conflict of Interest 

must be bonded in an 

from r:hia Commission' 

1 . No Commission member or TGRA employee of he shd.1.l solicit, accept or 

receive any gift , grat: uiLy , emolument , or employment from any person , 

officer, aoent , or emrloyee ot a gaming entity, supplier or ccritractor, 

or any applicant for work permit or license subi0cc to the provisions 

of this Tille . 

2 . No such Commission member or TGRA employee shal 1 solid t , request Cr om, 

or recommend , directly or indirecl ly, to any gaming cr.t~ t y, supp::.ier 1 

contractor or applicant subject co this Title , or to any officer, 

agenL , or employee thL·reof, the appointment of any person to any ola ·e. 

or position of employment . 

3 . Every such person subject to regulation , under this Title, and every 

offic@r, agent , .:>r employi>e tl'iere £ , is h•::?reby torbiciden to offer to 

any memb er of the Commission , or Lo any person appoi nted or employee by 

the Corrunission any gift , :itdtui r y , emo 1 ument , or employment . 

4 . No member of the Com.mission or TGHA ernpJ oyees, if any, may work for any 

Tribal gaming enLity, contractor, or supplier durin9 such appointmen .. 

or employment or for a p1.:riod ot one year a Ecer i:erm Lnat ion of their 

appointment to or employmenc with che rorrun.Lssion . 

5 . No Commission official or member oi their immec 1iate household shall 

receive any payment for the purpose o: obtdin'ng {r maintaining a 

gaming management contrac .. , or any license or work permit . 

Adopted-Resolution No. TM BC 1247-06-18 

Page 2 of 35 
25.0106 

25.0107 

25.0108 

25.0109 

25 . 0110 

6 . No Commission official or memuer of thei,... immediate household and no 

member of the •rribal Council shall be an cwner, partrer, beneficiary, 

shareholder, director, oft.icer, ot employ<:e of ::he entity holding the 

management contract for any TurtlP Mount uin Band of C'l i.ppewa gaming 

operation . 

7 . No tribaJ member or non-membe1 may be appoint:ed as a Conunissioner or 

hired as an employee of tne Commission or TGRA while ho ding any 

posit.ion of employment or accepting a pas i tion of employment with any 

gaming enterprise or gaming supplier ot c<ntrdc:or; n0r may any member 

or non-member be appointe J as a Commission•'r 01 hired as an employee of 

the Commission while any memb"r of their imme Hate household is h~ lding 

any position cf employment with ary gaming supplier or ~onlracLor . 

8 . For Lhe purposes of this sect:ion " inunediute householj " is defined as 

son(s) , daughter(s) , stPp-son(s), or step-daughter(s1 , spouse, Ot 

spouse recognized by common law, members Jiving in the same household, 

and any individual. who has a pE.cuniary interest ir common with a 

Commission member or TGRA employee . 

9 . The TGRA shal. perform the day to day duti s for the Ccmmission and the 

Commission shull meet at least monLhly to perform its responsibililies. 

Removal of Commissioners 

Commission members may be removed trorn thei1 position by a majority vole of 

the Tribal Council al a meeting at which a quorum is present on_y fer neglect 

of duty, misconduct , malfeasance or other acts that would render Commissioner 

unqualified for the position . 

Vacancies 

1 . Jn the event of a vacancy occurrj ng on l he Cammi ssion for any reason , 

the vacancy shall be fi_lea !nr the remair.der of the term by 

appointment of the Tribal Councjl . 

2 . Upon expiration of the term of the vacated Commissioner position, the 

procedure and qualifications sAt lorth herein this Title shall apply . 

Meetings 

1 . Due to the n~ed for ongoing oversigh· of gaming operaLions, management 

and key employees, th•';! Commission shall hold rneel ings at a mir.imum ot 

once every 30 days . 

2 . Full minutes are co be kept and filed cf all Commission meelings, 

subje~t Lo all the Tr be' b 11ws on confidentiality, proprietary 

information, and HIPAJ\ . 

3 . After approval ot the minutes thP r1inut1~s shaL be forwarded to the 

Trjbal Secretary as required by th~ Open Records Act of 2018. 

4 . Specic1l meetings may be called by the chairman 01 vi-:-e-chair-man, upon 

adequate notice Lo all memoers or the Corrtmission and upon direction of 

the Tribal Council wht::n circumstances require Commission action . 

Quorum 

Three members of the Cummission shall cons I it:ul e e1 quc rum, with all matters 

governed by a majority vote of the quorum . 

Compensation 

1. The Tri.be shall pay memoers ot ::he Con.m.!sslon such amounrs as are 

normally given to Tribal members serving on other ir.ibal boards and 

Commissions . 

2 . The Commission shall also reimourse membets tor expenses on behalf of 

Adopted-Resolution No. TM BC 1247-06- 18 

Page 3 of 35 
25.0111 

25.0112 

25. 0 113 

the Commission ' s activ.:. Lies all reirnbuL·sable expenses shall conform to 

p~evailing tribal government administrativ~ procedures . 

Audits, and Corrective Action Pians 

1 . The Commission shall caus to te ~onducted ~ndependent audits of gaming 

opera lions annually and shall submi l the results to NIGC and the Tribal 

Council in such form as may bP speci!ied c·r~ifyinq corforrranc1 01 each 

gaming enterprise to applicable tribal and federal 1 ;;iw and 1 icensing 

requirements, applicable L riba l-state compact provisions, arid to the 

Commission ' s regulations in the conduct of tribally operated gaming 

enterprises . 

2 . The Commission sha.=.l ensore that licensed gaming operations and the 

Tribal Gaming Regulatory Authorit.:y shall set forth corrective action 

plans within 45 days of Lhe completion o f the audits for any audjt 

findings . 

3 . Audits shall be made available as required by the Public Records Act of 

2018 . 

4 . All gaming-related contrac-ts Lhat result i.n the purchase o:: supplies, 

services or conc1;;:ssions lor 111ore than $25 , 000 in any year (except 

contracts for professioncil legal ani ac·ourting services' shall be 

specifically inclucled to.1ithin the scope of tr1e audj t conducted . 

Funding 

1 . The Corrunission shall annually adopt and JSsess a fee upon the gross 

revenue of all tribally licensed gaming entities; excluding para- mutual 

wagering , whether livP or simulcast wagering , and not to exceed two (2) 

per cent for the purpose of paying costs tncurred in carrying out its 

specific investigative overs ght, and operational responsibilities. 

Assessmenls must be duly recorded and filed for audit purposes . The fee 

assessed pursuant to this section shall b~ payab~~ quartPrly and shall 

be in addition to any feL (s) required to be pajd by licensees to the 

National Indian Gaming Commbsion and also in addition to any funds 

which are required to be ~et aside pursuant to the tribal-state gaming 

compacl as approved by the Secretary of tte Interior on March 11, 2013 . 

2 . No m •nies ma~· be expi:.nded by the Commission until a budget has been 

submitted Eor review cind approval by the Tribal Council . All Commission 

operating revenues and expenji=ures must be reviewed by the Tribal 

Chairman or his designate for conformance with standard tribal 

administratiVA financial rrocedures . 

3 . Any Commission funding needs and Pxpendi t. u res beyond one (1) per cent 

of gross revenues of dll triba ly operated gan~ng ~0~erpr~ses and those 

enterprises licensed by the C'ommission must be s11bmiLLed to the Tribal 

Council for 1eview and approvol, dnd apprJpr~a~ion in amoJnLs necessary 

for the operation of lhe Comm1ssjon . Residual funds colJecl.ed in excess 

of expenditures shall be returned Lo Lhe ~r~bal Co unci l t o be deposited 

into che tribal general rund a· the end of the tribe ' s risc al year . 

Financial records and audit 

The Commission s~all maintain accu1ate and compl~te records of the financial 

affairs of the Commission , cind shall cause an c1nnual dUdit o( the 

Commission ' s financial atfairs t o be condu ·ted by a ~ertified publi~ 

accountant in accordance with generally accPpted a:::counLing principles, 

consistently applied, and shall furnish an annual budg< t , an annual balanr-e 

sheet and complete report of the Commission Lo the Tribal Councl l within 

three months of the close of the tr1be ' s fiscal year, 

Adopted-Resolution No. TMBC 1247-06-18 

Page 4 of 35 
25. 0114 

25. 0115 

25.0116 

Confidential records 

l. The Commission shall maintain a rile 

licenses and 1-1or k permits under this 

Commission actions on such applications, 

confidential . 

listing all applications for 

Title , and d rtcord of all 

and such records shall not be 

2 . Confidential information shall include : 

a . records and financial dala ,1cquired by the Commission in carrying 

out its backg!:'o,.md invt·stiqations of potc:-itial gaming entities, 

managers, and key employees; and 

b . Proprietary financial data is prohibited from publ1~ Jisclosure 

either by the Commission or by individual Commissioners . 

Confidential or proprietary reccrds, in whole or in part , shall not 

be included as sections of or at Lachments to C"ommission budget 

documents, annual reports, minJte~ o,.. audit find.:.ngs . Copies of 

confidential or proprietary tecorus may be forwarded to the 

National Indian Gaming Commissi .)n upon the written request of that 

agency or in compliance with the approptiate reporting requirements 

of this Title , l he Indian Garring Reqi.. latory Act and rr.e tribalstate compact . 

3 . Decisions related to an app .... icanr ' s license are not confidential , but 

shall be available to Lhe public . 

4 . The confidentiality requireme.1ts set fl.n:h in t.:his section do not apply 

to request for such reco1ds or information from any tribal , federal , or 

state law enfor-~emenL or n»:1u.:.atory aqen ·y , Jr for the ust? of such 

records or information by the Commission ~nd staff in the performance 

of their official duties . 

Indemnity 

l . The Commission shall indemnity, where Commission funds are available , 

any past, present, not future Commissioner for actual losses, expenses, 

costs of defense, or liabili•ies incurred in connection with any claim 

or suiL brought against the Commissioner . 

2 . The indemnifi~ation shall oe for al4eged negligence or wrongful conduct 

while providing service lo the Commission ; 

3 . This indemnification shal 1 nvt include any claim or liabili Ly arising 

oul o[ the Commissioner ' s own willful misc;onduct-conduct outside Lhe 

scope of his or he1 authorize l powers 01 duties sc;t forrh in this 

title; and 

4 . The herein authorized indemnity shall be limited to the extenl that the 

i nsurance coverage does not ~dequately indemnify or make the individual 

Commissioner whole . 

TGRA s t aff and authority t o hire attorneys and necessary consultants 

1 . The TGRP. shaJ 1 adhetE: U• st rtndardized tribal Human Resource Laws and 

administrati ve practices in regard to any scaff recruilment , employment 

reduction in .i:orce, pr-emotion training and related employment actions 

to a publicl y announced pol icy end practice of 13xtending preferential 

treatment r.o Indians living on or nedr l:he Tur.tle Mountain Aand of 

Chippewa Reserva l ion . 

2 . The Commission ~s empo• .. 1ered to employ non-IrJians when no qualified 

Indian living on or neat th•~ Turtle Mountain Band of Chippewa 

Reservation ::an be recruited, trained or 1pgrad"'J to fill the given 

hi.ring need of the Commission . 

3 . The Comrnissior shall hire a oeneral counsel and other person as 

necessary for purposes of consultaUon investigat Lons, 01 operational 

support of tht. Commission a1'.cj shall compensate such persons ac amounts 

Adopted-Resolution No. TMBC 1247-06- 18 

Page 5 of 35 
25.0117 

within funding or budgets approved by the Tribal Council . 

4 . The: Commission may contract :=or the 1 e::hnicci- expertise of outside 

consultants in carr ying out its autho1 ized tuncl ions; provided such 

contracting conforms to stcindard triLal cont ractinJ administrative 

procedures . 

Gaming Commission's authority, powers, a nd dutie s . 

The Turtle Mouncain Band of Chippewa Gaming Commission shall have Lhe 

foll owing powers and duties with respert t gaming ~r tribcil lands : 

1 . Conduct background investiga · ions, or cause such invest iga1: · ons to be 

conducted, for primary management orficials and key employees; 

2 . Review a nd approve all investigative work conducced in connection with 

t h e background invest igat.:or s of primary management officials and key 

employees; 

3 . Creat e and ma i ntai n investjgative r eports based on the background 

investigations ot primary man3ge1: ent- off i ::ia ls and key employe"'s; 

4 . Obtain and process fingerprints, or designate a law enforcement agency 

to obLain a nd process fjngerprinLs; 

5 . Ma ke licensing eligi bili ly determinations, which shall be signed by the 

Chair of the Commission ; 

6 . Submit a notice ot re$ults t~ the NIGC oi the background investigations 

done for each p r imary management offici al and key employee applicant; 

7 . Issue gaming licenses to primary management oflicials and key employees 

of the operation, if warranted by :he eligibility deLermination ; 

8 . Establish standards for licensing Tribal gaming tacilities; 

9 . Issue gaming licenses to Tribal gaming facilities; 

10 . Inspect , examine and monitor a:_ of t:he Tr.:.be ' s gaming activities, and 

have immediate access to review, inspect , examine , photocopy and audit 

all records ot the gawing cstabl'shmenc ; 

11 . Ensure compliance wi ~h eill Tribal , state ~nd federal laws, rules and 

r egulations regarding Indian gaming; 

12 . I nvestigate any suspicion of wrongdoing associated with any gaming 

activities; 

13 . Hold hearings 

e stablished in 

on pa::ron complain':s, in accordance witn procedures 

this ordinance and the Tribal gaming regulations; 

14 . Compl y with any and all reporting requirements under IGRA, the NIGC ' s 

r egulations ard any tribdl sLat~ compact to wh~ch the Tribe is a party, 

a nd any other applicable law ; 

15 . Promulgate and i ssue r egulat. ions necessary to comply with app.Licable 

internal rontrol standarJs; 

16 . Promulgate ana issue regulations on the l· vying of fees and/or taxes 

a ssociated wiLh gami n g l i cense applications; 

Adopted-Resolution No. TMBC 1247-06- 18 

Page 6 of 35 
25. 0118 

17 . Promulgate and issue regulations on the levying of fines and/or the 

suspension or revocation o:. gam:rng 1i~enses for violations of tr is 

ordinance or any Tribal , tederal or StC.tte gaming regulations, if 

applicable ; 

18 . Establish a lisc of persons not all~wed ~c game in the Tribe ' s gaming 

facili1 ies in order to maintain the integrity of the gaming operation; 

19 . Establish a list of persons who hav~ voluntarjly agreed to bP excluded 

from the Tribal 1aminy :dcility, and r-reate regulati ns for en.torcing 

the exclusions; 

20 . 

21. 

Provide referrals and 

officials when such 

federal or state 

resolut.:ions; 

information to the appropriate law 

inturmaLion indicat~s a violdtion 

statutes, ordinances, regulations, 

enforcement 

ot rr.:.oal , 

codes or 

Credte a list o: 

investigations of, 

trustworthy ; 

regu atory authoriLies 

and license, vendors 

that conduct background 

who are recognized as 

22 . Dra [ t regulalions exemr.cirq vendors from the l icen!;;ing and/or 

background investigation requiremenls if they have received a license 

from a recognized regulat,ry aJthority; 

23 . Perform such oo:her duties t:he Commission deems appropriate for the 

proper regulation of I he Tribal gaming operation; and 

24 . Promulgate such regulations 

implemem: the prov is ions o: 

furlherance of, and not in 

ordinance . 

and guidel inr>s 

::h·s orciinan-e , 

conflict with , 

as deemed appropriate to 

so long as they are in 

any provisions of this 

Specific authority wi th respect to licenses; Enfor cement powers 

1 . The Commission shal~ exercise .:. ts gaming ovel. sight and shall issue , 

renew or disapprove any application , or limit, susoend or revoke gaming 

licenses and work petmits every two years and in ac ··ordance with the 

procedures set forth in this Title regarding licenses for "key 

employees " and "primary management officidls" as defined by federal 

law, regulotions, and t:he Tri bal/StaLe Cornpdct for Class III gaming . 

2 . Any license or work permit gr mted under this Title is a revocable 

privilege , and no licensee or permit:tee holds any vested right to such 

license . 

3 . The Commission is authorized to ca r:ry out investigations of all 

prospective and exisL~n9 ga!T'.n•J Licensees, to initiat1:: hearinas and to 

conduct or cause to be conducc.ed announced or: unannouncl'ld inspections 

of all gaming premises in oroer t ensure compliance 1·,rith tribal and 

federal law . All J icensees are obligated I:( comply immediately to such 

Commission requests tor informat.io1. and review 01 all licensee papers, 

b ooks and records, or inspect i.on of prr·mises on an announced or 

unannounced basis, 

4 . In connecti on with the i~suance or denial Qf any license , the 

Commission may ho:.d hearings, take testimony, receive evidence , and 

a~ninister oa~hs or affirmations to witnesses dppeiring before the 

Commission in accordanc1 with procedural ! ules to be aoopr.ed by t.he 

Commission . 

5 . The Conunission re.JUldL.._ons shall not.: retitrict the Tribal Council or the 

Tribal Chairman from exercj sing <:ontract:uc>l rights to terminate any 

gaming managerr.ent coritra.::i: or exercise other contractual remedies due 

Adopted-Resolution No. TMBC 1247-06- 18 

Page 7 of 35 
25.0119 

25.0120 

25.0121 

25.0122 

to default or breach of the management contracL by the management 

contractor. 

6 . The Commission shall , when its investigaL:ions of gaming indicate a 

violation of federal or t·ibal laws or rpgulat:tns, provide information 

of indicated violations to appropriate law enforcement officials. 

7 . It is hereby recognized that Lhef: from Jaming establis~~ents on Indian 

lands and thefts by officers or employees 01 such gaming eslablishments 

are punishable by substantial :ines and ,;.mpr1sonrnents putsu:mt: to 18 

U. S .C. Sections 1167 and 1168; and that tribal operators and management 

contrac~ors may be separately fined up to twenty five thousand dollars 

($25 , 000) per violation of this Title or the lndian Gaming Regulatory 

Act by the chairman ot the Nationa: Indian G~ming Cornmissior, . 

Hours and rules. 

1 . The Gaming Commission shall H . .Jt:late ·or; p' iance wit r the hours and 

rules specified in such regu~ations as may be issued by the Commission 

for Class II and Class II! 'laming activi ies; but shall no restrict 

gaming hours to less than the speciiied time frame in any gaming 

management contract . 

2 . Each Class II and Class III gaming facllily must conspicuously display 

notice o: hours and rules of play . 

Minors prohibited 

No one under the age of 18 years may be permi~ted on the premis~s of a tribal 

Class II or Class III gaming facility . 

Complaints 

Noti ce of warning regarding the improper conduct set forth in this Section or 

other gaming rules established by rr.:gulation adopted by the Tribal Gaming 

Commission shall be posted at the entrance ol each gaming establishment 

and/or given to rhe customer upon ~ntering the premises . 

1 . The following improper conduct shall result: in ejection of a customer 

from any gaming establishmen~ : 

a . Cheating; 

b . Possession of weapons in tne gaming establishment ; 

c . Possession 0£ alcohol thdt has been brought by a customer into the 

gaming estab ishment ; 

d . Possession of a controlled subsLance in the gaming establishment ; 

e . Disorderly conduct inclu.:iing ::.he willfuk , or wanton disregard 1or 

the rights of others, and ; 

f . Any other act wnich is disruptive oi the gaming op0ra1 ion . 

2 . Fatlur-e by a customer to provide proof cf a JC! 111hen requesi;ed by 

security or gaming operat.ional personnel .~hall r~sulL in eje.ction o:: 

3 . 

the customer from the premisns . 

If necessary, ejection of a 

accomplished by Turtle Mountain 

reques t of the gaming operation . 

Patron disputes 

custume1 from the premises shall be 

Agr>ncy Law Enforcement personnel, upon 

1 . Palrons with complaints againsL the gaming esLablishment shall have as 

their sole remedy the righL to file a petition for re.lier with the 

Tribal Gaming Commission . Complaints shall be submitted in writing . 

2 . The Comm.:.ssion shall ho~d a hearing 1·1ii;hin 30 days of receipt of the 

petiLionet ' s complainL . 

J . The petitioner may have counsel pres~n~ at the hearing . 

Adopted-Resolution No. TMBC 1247-06- 18 

Page 8 of 35 
25.0123 

25.0124 

25.0125 

4 . The petitioner may be allowea to present ~vidence , at the discretion of 

the Commission . 

5 . After Lhe hearing, the Commission shall lender a decision in a timely 

fashion . 

6 . All such decisions will bu :inc1l when issi..ed . Any pat:.ton complaint must: 

be submitted to the Commission wi1, hin thi1 ty (30) days of the incident 

giving rise to the complaint . 

7 . All claims by patrons shall be limited to a maximum recovery of $1 , 000 

per occurrence , and a cumulative ! irnit of $3 , 000 per patron n any 12-

month period , except disputes relating to a patron' s entitlement to a 

game prize, which shall be limited to tte amount or such prize . The 

Commission ' s decision shall constitute the complainant ' s final remedy . 

8 . Complaints and Disputes rnust be mailed to -he Gaming C")rrunissior al P.O. 

Box 900 , Belcourt, ND 58316 . 

Violations of laws and minimum internal controls, fines and forfeitures 

1. Notwithstandir.g anything to the contrary i.n any otht.r Title ot the 

Tribal Code , any person 1ound in violation of any provisions of this 

Chapter, or any rule ot regulation authorized hereunder, shall be 

guilty of a Class 4 offense pursuanc to the Tribal Code and subject to 

Lhe highest penalty which the Tribal Court may lawfully enf>rc~ . 

2 . Failure of a licensee to comply with Srandard Operating Procedures 

(SOP' s) or Tribal Internal Controls (TIC ' sJ shall result: in a notice of 

violation with the fo.lowing schedule 01 penalties : 

a. first offense a forfeiture of no less than fifty Dollars 

($50) ; 

~ Second of[ense a fortPiturc or no less than One Hundred and 

Fifty Dollars ($150) ; 

c. Third offense suspension of license to~ up c:o three months 

with a re1uirement of retraining on the relevont TIC' s ; 

3 . To lift the suspension and allow for license reinstatement the licensee 

must pay any previously oriereo forfeitures and provide proof of 

compliance with the retraining requirement ; 

4 . In the event of non-compliance wj th the suspension requirements, i:.he 

licensee shall lose his or her license for ~t least cwo (2) years . 

5 . Revocations may be for periods or two years or more . A restoration of 

the right to a license shdll be by petition to the Commission . 

Jurisdiction 

1 . The Tun:le Mountcdn Band of Chippewa ' s courts shall have jurisdiction 

over all violations 01 this T"L.e and over al 1 persons who ar~ parties 

to a management contract entered pursuant hereto , except where 

otherwise provided by federal st a tu le, 1·1here arbi trdt ion is provided 

for by contract or where otherwise provided by express agreement of the 

parties pursuant Lo a managemf'nt contract, and rnoy grant relief as ls 

necessary and proper =or i:ht enforcement 01 tl1is Title and of the 

provisions of any management contract enLen>J pursuant thereto, 

including but not limi~~d ~o injunctive relief against acts in 

violation there ot . 2 . Nothing , however, in this 1' i ( . 

e shall be construed co authorize or 

require the crimi.nal trial and punishment in l ribal courts of nonIndians except t.) the exter.r il 11 OW'"' j by any aOplLCable present or 

future act of Congress or ony cipplicabJe tedera l court decision . 

Facility Licenses 

1'he Commission shall issue a separate license to each place , faci.lit y or 

Adopted-Resolution No. TMOC 1247-06-18 

Page 9 of 35 
25.0126 

25.0127 

25.0128 

25.0129 

25.0130 

25.0131 

25.0132 

location on Indian lands where Clas~ II and Class III gaming is ~onducted . 

Environment and Publi c Health and Sa f e ty 

1 . Each gaming facility shall OP constlucted, maincained , and operated in 

a manner that adequately protects the ewJiromne:it and the health and 

satety of the public . 

2 . The Tribal government shall identify and set forth enfo~cement laws and 

agents to enforce such health and satety laws . 

Agent for Service o f process 

The TribP designates the followinq individuals as agents for service of 

process: 

1 . Gaming Inspector; 

2 . Chairman of the Gaming Commission ; 

3 . Chairman of the 1'ribe; 

4 . Legal Counsel for the Gaminq Corrunission; anc1 

5 . Legal Counsel for the Tribe . 

Authority to adopt; Amend; Repeal ; Regul a tion s 

The Commission shall, from lime to time , adopt , amend or repeal such 

regulations consistent with this Title and otl er Tribal law as it: may deem 

necessary or required by fcde.ral l<Jw and regulation , subject to passage and 

approval by the Tribal Council . 

Amen dments 

Amendments to this Title may be amended as neces:::ary to meet 

of changes to federal law anc! policy . 'l'he Am0ndmenL musl 

Chairman of NIGC and shall not be etfective until approved . 

Compliance wi th Fede ral Law 

the requirements 

be approved by 

1 . The Tribe shall comply w~th the Indian Gaming Regula~ory Act , 25 u. s .c . Section 2701 el seq . (IGRA) and the regulations adopted thereto . 

2 . To the extent any provisions or this Tide are inconsistent with the 

provisions of the 'l'ribal-Sl ate Gaming Compact or the IGRA, the 

provisions of the Tribal-State Gamin~ compact or IGRA will apply . 

3 . The Tribe shall comp ly with the Bank Secrecy Act , 31 U. S . C. § 5311 et 

seq . 

Records Retention 

1 . The Tribal Gaming Commission shall retain, ~or no less r.han thr.ee years 

from the date a primary monagement official or key employee is 

terminated from emp~oyment wit'• t t1e Trib ..... , • ne following document:ation : 

a . Applications for licensing ; 

b . Investigative Reports; and 

c . Eligibility Det:erminations . 

Use of gaming revenue 

1 . Net revenues from Class I I and III gaming shall be used only for the 

following purposes : 1 0 fund tribal government operations and programs; 

provide for the aeneral welfare of the Tribe and its members; promoce 

Adopted-Resolution No. TMl3C 1247-06- 18 

Page 10 of 35 
25.0133 

25.0134 

25. 0135 

25.0136 

25.0201 

2 . 

tribal economic development ; donat~ to charitabl~ organizations; 

help fund operations of local government agencies . The use or su~h 

revenues may be fu1Lher subject lo Lhe resl rictions set forth 

Section VII of the Tribal-State Gamirig C 1mp:lct . 

If t he Tribe elecls LO rnc.1ke per capi ta payments to ttibal members, 

shall authorize such payments only upon ~P rovdl 01 a rlan submitLed 

the Secret ary of the Inter.ior under 25 u. s .c . § 27 1 0(b) (3} . 

or 

net 

in 

it 

to 

Per Capita Payments 

1 . Net r evenues from any [~ ass II and/or class III J gaming activities 

conducted or licensed by the Tribe may be used to make per ca pi ta 

payments to Tribal members i f : 

a . Th"' Tribe has preparLd ..i plan to allocate revenues to one or more 

of the five uses authorized by this Tille; 

b . The plan is approved by Lhe Secretary oi the Interior as adequate , 

partic ula rly with respect to the uses described in Seclion 25 . 0131 ; 

c . The incerests of minors anci other 1 ega lly .1.ncompetenl persons wno 

are en til led to receive any of the per ca pi La payments are 

protect:ed and preserved , and -.:he per ·apita payments are disbursed 

to the parents or legal guardian of such minors or legal 

incornpeceni:s in S1.Jch amv..ints as may oe necessary for the heal th , 

educa Lion , or welfare of the minor or other legally incompetent: 

person ; and 

2 . The p er capita payments are subjecL to federal taxat ion and the Tribe 

notifies its members of such tax :iabiliLy when payments are made . 

Repeal 

To the extent tnat they c:lre inconsistent with t h' s or:-dinarn.:e , all prior 

Tri ba l gaming ordinances are hereby repealed . 

Effective Date 

This o rdi nance shall take effect immediately upon its approval by the NIGC 

Chair. 

Severability 

If any provision of this Title is ruled unconstilucional , it shall be severed 

from t h e remainder or the Title , and the remaining pr)visions shall stand 

without the unconstitutional provision . 

Chapter 25.02 

Background checks and licensing of employees and ven dors. 

Re quirement of a licensing and background check for Class II and Class III 

Gaming 

1 . Federal, Tribal , and Tribdl/State compact require l i censes for key 

employees, primary managemen t oflicials, and vendors 0f g1ming supplies 

anJ machines and the Corruni ss ion shall issu.:i l icensPs . 

2 . In furth e.•rance of this pro ·ess the appli ·ant:s !'>hal I b~ required to 

submi • t:o fin,Jerprint ing and a h<Jckground ...:h•.!Ck . 

3 . License which are issued to Key Employees and Primary Management 

Officials ~hall be renewed every two year:-s . 

4 . Key Employees , Primary ManaqemE>rit OL:icia ls, ana Vendor"' w' tn gaming 

licenses nave an affir mative duty to report. to the TGRA any changes in 

circums tances, household moves, arrests for crimlnaJ act iv· ty by any 

jurisdiction, and changes which would arfcct an individual ' s 

Adopted-Resolution No. TMDC 1247-06- 18 

Page 11 of 35 
25.0202 

25.0203 

25 . 0204 

suitability for a license as set torth in 25 CFR § 556 . 

Fingerprints 

1 . The COJrunis sion shall perform o bal.'.:kground investigation for each 

primary management official ar.d key employee of the gaming operation 

whi··h shall include a rheck of crimirrnl h;stcry records informaLion 

mainta ined by Lhe federal Bureau of Investigations. 

2 . The Commission shall rPques~ fingerprints from ?ach primary management 

official and key employee . 

3 . Fi ngerp rin ts s ha l l b e taken by Live ScanTM electronically, in 

accordance with the MOU bet1'1een the National Indian Gaming Commission 

and the Fed eral Bureau of Investigation ana s h all be conducted in the 

TGRA office by the Background Investigator. 

4 . Finyerprints will then be r rwarJ·d ~o the NIGC for processing through 

t h e Federal Bureau of lnvestigaLion ( " FBI " } a n d t he Na t ional Crimi na l 

I n formation Center to determine the appl cant:' .- criminal history, if 

any . 

Licenses for key employees and primary management o ffici als 

The Tr ibe sha 11 ensur e t hat the policies and procedures set out in this 

section are implemented with respect to key employees and primary management 

o f ficials e mploye d at:. any Class II gaming e n terprise opera ted on I ndian 

l a nd s : 

l. 

2 . 

Definitions. For t:.he purposes of this section, the following 

d efinitions apply : 

a . " KEY EMPLOYEE" means a person 1·1ho performs one or more of the 

following functions : 

( 1 ) Bingo Cal l er 

(1) Counting room supervisor 

(2) Chief of security 

(3) Cuslodian of gaminq supplies or cash 

(4) rloor manager 

(5) Pit boss 

( 6 ) Dealer 

(7) Croupier 

(8) Approver of credit , or 

(9) Custodian of gamb_ing devices, including persons with access 

to cash and account ng recoros within such devices; 

b . I f not otherwi se included, any other person whose totdl cash 

compensation is in excess of •hirty thousand dollars ($30,000) per 

year, or; 

c . I f no t otherwise included , the Eour most: highly compenswted per-sons 

in Lhe gaming operation . 

" PRl MARY MANAGEMENT o r F1 CIAI," means : 

a . The p erson havi ng management responsibility for d management 

b . 

contract ; 

Any 

(1) 

(2) 

( 3 ) 

p e rson who has authority : 

To hire and fire employees; < r 

To set:. up working policy for the gaming operation ; or 

Th e c hief f inancial officer or other person who hds financial 

management responsibility. 

Application Forms 

l. Th e following notice shall be placed on the appl icaLion form r or a key 

emp l oyee or a prima r y managument offi-ial before that: form is filled 

out by an applicant : 

Adopted-Resolution No. TMBC 1247-06-18 

Page 12 of 35 
25.0205 

In compliance with tne Privacy Act: of 19 4 , the rollowing intormation 

is provided : Solicitation of the information on this form is authorized 

by 25 U. S .C . §§ 2701 et seq . 7he purpose of the requested iniormation 

is to determine the eligibility of individuals to be granled a gaming 

license . The information will oe used by the Tribal qaming regulatory 

authorities and by tlte National rndian Gaminy Commission members and 

slaff \·Jho have need for- the inf rma· ior. in the per1 .)rmance of t.:heir 

official duties . The information may be disclosed by l.he I'ribe or the 

NIGC to appropriate Federal, Tribal, S a~e , local or forPign 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 N1GC in connection with the issuance , 

denial , or revocation of a gaming li~ense , or investigations of 

activities while associated wi h a tribe or a gaming operation . Failure 

to consent to the disclosures indicated in this notice will result in a 

tribe being unable to license you for a primary management official or 

key employee position . 

The disclosure of your Social Securily Number ISSN) is voluntary . 

However, failure Lo supply a SSd may resu:'..L in ~rr".>rs in processing 

your application . 

2 . Existing key employees dnd primary man~gemenL officials shall be 

nolified in writing that they shall either : 

a . Complete o new application form that contains a P1·i vacy Act notice ; 

01" 

b . Sign a statement that cortains the Pi:ivacy Act not.ice and consent 

to the routine uses described in I hat notice . 

c . The following notice shall be placed n the applicat·on form for a 

key empJ oyee o r a primary official berore tha l form is filled out 

by an applicant : 

A false statement on 

grounds for denying a 

l icense . Also, you may 

title 18 , § 1001} . 

any part ot yoJr license application may be 

license or the suspension or revocation of a 

be punished oy !.ine or imprisonment (U . S . Cooe , 

3 . The Tribe shall notify in writing existing key employees and primary 

management officials that Lhey shall either : 

a . Co:nplete a new applic-c.1t:ion form that contains a notice regarding 

false stalernenls; or, 

b . Sign a stat emer,t tnat contains the notice regarding talse 

slatemenLs; 

Background Investigations 

1. The Commission shal! 1 equest from each Primary M,,nagement Of [i cial and 

from each Key Employee all of the following information : 

a . Full name , other ndmes used (oral or writ en) , social security 

numb er(s) , birth date , place of birth, -·iti.zenship, gPnder, all 

languages (spoken or writ<.-::n) ; 

b . Currentl y and for the previous five (5) years : business and 

employment posi Lions held , wnersl.ip, interests in those 

businesses, busi ness cind res) dence addresses, and drivers l i.cense 

numbers; 

c . The names and current aadresses of at least three personal 

references, including one personal referenci who wis acquainted 

with the applicant: du:.ing each period of residence 1 isted within 

this Background Investigations section ; 

d . Current business, eel ular, and residence telephone numbers; 

Adopted-Resolution No. TM BC 124 7-06-18 

Page 13 of 35 
25.0206 

25.0207 

e . A description of any i=>>: ist iro and previous business relationships 

with Indian Tribes, includinC:l ownership inLeresLs in those 

businesses; 

f. A description of any existing and ptevious business relationships 

with the gaming industty g•:=nerally, ncluding ownership interests 

in those businesses; 

g . The name and add1ess of any licensing or regulatory agency with 

which the person has 1Lled an cipplicdtion for a licen~e or permit 

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

granled; 

h . For each felony r or which there is an on-,Joing pros1..;cut ion or a 

con vict ion , the charge, lhe name and address of the court involved, 

and the date dnd oisposition, il any; 

i . For each misaemeanor conviction of ongoing misdemeanoi prosecution 

(excludiny minor traffic violations) , within 10 years of the date 

of the applicdtion, the name and address of the court involved and 

the date and disposition ; 

j . For ~ach ~riminal ~harge (excluding minor traffic charges1 , whether 

or not there is a conviction, if sucli criminal c h arge is within ten 

(10) yeats of the date ot the app ication a1d is not otherwise 

listed pursuant to paragraph (l) (h) or ( l) ( i) or Lhis section, the 

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

datP and disposition ; 

k . The name and address of any licensing or L egul a Lory agency with 

which the person has fil"' ::! an ap(Jl i.cat ion for an occupational 

license or permit , whether or not such license or permit was 

granted; 

1 . A current photograph ; 

m. Any other information the Commission procedures adopted by the 

Tribe according to 25 \ . F . R § 522 . 

2 . The Commission shall l:onduct dn investigation sufficienl to make a 

determination of eligibility as required by this ric~e . In conduct!ng a 

background investigation, the Tribe or its agent shall promise to keep 

con fidential the identity of each person inlerviewed in the course of 

the investigation . 

3 . When a primary management official or key employee is employed by the 

Tribe a complete application file , containing all o.t che informat :.on 

required within the subsection ot this provision shall be maintained . 

Investigative rep orts 

1 . The Tribe shall create ancl :naincain an investigative report for each 

background investigation of a primary n1anagement official or key 

employee . 

2 . Investigative reports shall include all of the following intormation : 

3 . 

a . St eps taken in conducting the investigation; 

b . Results obtained; 

c . Con cl us ions l. eachcd ; a!ld 

d . The basis for those conclusions . 

The Comm'ss~on , and ils investigators, shdll keep 

identity of each person Lntervieweci in "he course 

background investigation . 

confidential the 

of conducting a 

Eligibility Determination 

a . Th e Commission shall review d person ' s prior activities, criminal 

record, if any , and repulati 11, habits, and associations to make a 

finding concerning the eligibility of a key employee or primary 

manaoement official fo1· employment in a gam n~ op1·ration before issuing 

a license . 

Adopted-Resolution No. TMBC 1247-06-18 

Page 14 of 35 
25.0208 

25.0209 

25 .0210 

b . If the Commission determines tha c employment of the person poses a 

threat to the public interest or:- t:o the er feet i ve regulat icn ot gaming , 

or creates or enhances dangers of unsuitable, unrair, or illegal 

practjces and methods and activities in th conducl 0£ gandng, a tribal 

garring ope rat ion shall not employ tha i: person in a key employee or 

primary management official position . 

c . The Commission shall send copies of the 4·ligibility determinoi:ion and 

shall jnclude the notice of results to the NIGC before the licensing of 

a primary management official or key employee . 

Procedures for forwarding Applications and Reports for Key Employees and 

Primary Management Off icials to the NIGC 

1. When a key emp l oyee or primary management official begins work at a 

gaming operation aui:horiz6d bf, th·s ordinance , the Tribe snall forward 

to the National Tndian Gaming Commission a completed application for 

employment and conduct the background investigation and make the 

determination referred to in Eligibilily DPterminaLion of tl1is Title . 

2 . The Tribe shall forward the report referre I to in "Notice of Results of 

Background Investigations" of th.is Title to the NIGC within 60 days 

after an employee begins wcrk or within sixty (60) days of the approval 

of this ordinance by the Chairman of ~he NIGC . 

3 . The gaming operal ion sha 11 noc ..,'llploy as a key employee or primary 

management official who does not have a license after 90 days . 

Report to the National Indian Gaming Commission required for revocations and 

non-license issued 

The Commission shall submit , with the 

determination made under this Tit Le . 

applicant, the Commission : 

1 . Shall notify the NIGC; and 

report , a copy 

lf a license is 

of the eligibility 

not issued to an 

2 . May forward copies ot it:; eligibi I ity determinaL i.on and investigative 

reporl (if any) to the Nalionnl Indian Gaming Commission for inclusion 

in the Indian Gaming Individuals RecorJs Syscem . 

Notice of Results of Background Investigations 

1 . Before issuing a licens~ to a primary management official or key 

employee , the Commission shall prepare a notice of results of the 

appli~anr s background investj 1at·on to submit to the NIGC . 

a . The notice of results must be subrnitt<"d to t·he NIGC no later than 

60 days after the applica11r b0qins work_no for che Tribe . 

2 . The notice of results shall include the followir.g information : 

a . The applicant' s name , aate of Dirch , and soci.11 security number ; 

b . The date on which thP apolicant began, or will begin , working as 

prirrary mdnagement of:~ci~l or key employed ; 

c . A summary of lhe information presented in the investiqacive report, 

including : 

1 . ) licenses that have previously been denied ; 

2 . I gaming licenses that have been r-evok"'d , even il subsequently 

reinstated; 

3 . ) every known criminal charge b~aught d';)ainst the applicant 

within the last 10 years of the date of the application; 

4 . ) every felony offense -:if whi :h the appli-:::ant has oeen 

convicted or any ongoing prosecution; and 

5 . ) copy of the eligibility determinalior made in accordance 

here~n . 

Adopted-Resolution No. TM BC 124 7-06-18 

Page 15 of 35 
25 . 0211 

25 . 0212 

25 . 0213 

Gran ting a Gaming License 

1. 

2 . 

3 . 

All primary management officials and key employees or the 

operation musL have a gaming license issued by the Conunissi< n . 

The Commission :s resp0nsible tor granting and issuing gaming 

to primary management officials ~nd key employees . 

The Commission may license a primary management o£fi~ial 

employee applicant after submitcing a notice of results 

applicant' s background investigation to the NlGC, as enumer~ted 

Title . 

gaming 

licenses 

or key 

of the 

in this 

4 . The Commission shall notify the NIGC of the issuance or a license to a 

primary manag@ment offi~ia: r ~<Y employee within 30 days t issuance . 

5 . The Commission shall not employ an individual in a primary management 

official or key employee positic.n who does not hdve a license after 90 

days of beginning work at the gaming oper~tion . 

6 . The Commission must reconsider a license application fo.:: a primary 

management official or k~y emr-oyee it it receives a statement of 

itemized objections to issuing such cJ lirensc from the NIGC, and those 

objections are received \vi thin 30 dc1ys )f ::he NIGC receiving a notice 

of results of the applicant' s background investigation . 

7 . The Commission shall take ':hP NIGC ' s objections into nccount when 

reconsidering a license application . 

8 . The Commission wil 1 make the final decision whether to issue a license 

to an applicant for o primdry 1t101ragement < fficial or key emp~oyee 

position . 

9 . Tf the Cornmi:;sion has issued a license to c1. ptimary management official 

or key employee b·:fon. recei·1ing lf1e NIGC' s staLemenl ot obiections, 

notice and a hearing shall be provirled to the licensee , as set forth in 

this Ticle . 

License Suspension 

1 . If, after the issuance of a gaming 1 icense , the 'I ribe receives from the 

NIGC rel: able informat.:.on indicating that a key 1;:.mplc yee or a primary 

management official is not eligible for employment Lhe Tribe shall 

a . Immediately suspend such li~ensP ; 

b . Provide the licensee wjd1 notice in writinq the licensee of the 

suspension and che proposed revocation ; 

c . Provide the licensee with nJtice of a ~:me and place for a hearing 

on the proposed revocalion of the license . 

2 . After a revocation hearing, the Tribe shall decide to revoke ot ;:o 

reinsLate a goming lic~nse . 

3 . The Tribe shall notify the NIGC of iLs dPcision Lo revok~ or reinstate 

a license within 45 days ot receiving rotif i~acion from the NIGC that a 

Primary Managemenl Official or Key Employee is not eligible for a 

license . 

4 . If an individual license applicdnt r·efuses t.:o .-Jccept so.::rvi<.:L" of the 

notice of revocation l'Y certi1 ied mail or by other service mer hods, a 

public notice of t:he intent to i»voke may be offer.ed in the newspapers . 

Limitations on Licensee 

1 . Licensees may not participate j n contracts with •he 'acilit.:,: i!'l whicn 

he or she is licensed tor employment ; 

2 . Licensees may not engage in bdnked gaming in the facility in which he 

or she is li·ensed in . 

3 . Restricted Employees : The gaming departments listed below have 

restrictions on employee gambling as descr"beJ: 

a . Table games : Manager and Assistant Manager are not allowed to play 

Adopted-Resolution No. TMBCl 247-06- 18 

Page 16 of 35 
Table Gamrs . 

b . Poker : Manager and Assis1,;ant Manager of the Poker Department are 

not allowed to p.ay Poker . 

c . Slot machines : Slot Department employees, wit.h the exception of 

Slot Attendants, are not .iclowed to pL~y slot. machines . 

d . Simulcast : Simulcast employees are not allowed to pc:1rticipate in 

any type of bett_r1 in th:s azea . 

e . Bingo : Bin go employees, including Sn<Jck Shack t.:!rnployees are not 

allowed to play Bingo . 

f . Pulltabs: No Pullt.ab employee and no Main Bank employee is allowed 

to play Pull Tabs sol I within the Casino . 

4 . The support departments listed below have restrict· ons on employee 

gambling as described : 

a . Drop Department : Drop department employees are not allowea to play 

slot machines : 

b . Accounting Department- : Tne followi11g iest.rictions apply in the 

Accounling Department . 

1 . ) Sl;)l Audito1 and Assistant Slot Audit.or are not al lowed t.O 

play slot machines . 

2 . ) Table Games/Poke1 Auoicor are not allo~1ed to play Table Games 

or Poker . 

3 . )Simulcasl Auditor is not dl:owed to play/bee in Simulcast . 

4 . )Bingo Auditor is not allowed Lo pl~y Bingo . 

5 . Employee Gambling Po icy . Th~ fol lowing is the policy ot the Turtle 

Mo untain Chippewa authorizing employees to play games of chance . 

a . Purpose . The purpos•· of t.nis Sect.ion is to set torth Employee 

Gambling Policies that uphold the integrity of the gaming 

operation . Employee yambling is defined as playing slot machines, 

I able games (incl udinq poker, simulcast , and bingo and any other 

gaming activity tha: may be aoded in tte future . 

b . Three Factors : In general there are three factors when considering 

prohibition, restriction, and allowance of employ~e ~amb-ing . All 

three faclors a1e indic;,itors thac 9arnbling by these employees 

should be p1 ohibited or restricted b~cause of t.he appearance of 

impropriety if these employees win jackpots and/or promotion al 

prizes : 

1 . ) Management level of the individual ctncerned . 

2 . ) Possession or access to proprielary and insider 

slor- :nachine percentages 0r det ciiled knowledge 

gaming activity (such as gaming department 

employees who dGs~gn and conjucl. promotions . 

knowledge of 

f any other 

managers) or 

(Note : Employees wit:h propriet.ary and inside knowledge of gaming 

3 . ) 

activities are req~ired and expected to co~nunicate t.his 

information on a need-to-know basis only . ) 

Regulatory and compliance employees (whether tribal or gaming 

operation . ) 

6 . Prohibited Employees : The erroployees list.ed below are prohibjted from 

Gamblin g in Lhe Sky Dancer Casino and Grand TreasJre Casino it the are 

employed within t~e fd ·ility : 

a . General Manager 

b . Assistant General Manager 

c . Comptroller 

d . Compcroller Assist.ant (Ge~eral Ledger Accountant) 

e . Marketing DirecLor 

( . Player Development Personnel 

g . MIS employees 

h . Surveillance employees 

i . Casir,o Compl ian~'L' Office1 

Adopted-Resolution No. TMBC I247-06- 18 

Page 17 of 35 
25.0301 

25.0302 

25 . 0303 

7 . TGRA employees General rules on Employee Gambliny . 

8 . Employees shall noL : 

a . Participate in any rro~· ti1n ; 

b . Play progressive slot rndcn1nes thar Sky Dancer contributes to ; 

c . Play in tournaments wh~n the casi~ contributes to the prize 

money; and 

d . Possess a Playets Club ca~u . 

9 . Employees wil 1 be allowed to qambl•: befo1 e or af lel' their scheduled 

shift; however, no employ1~e .. 1il~ be al 1 Med t.o gamble \.:hi le in uniform 

or LO wear a jacket that ~overs the uniform . 

10 . This policy has flexibility in its design . In evaluating wheLher a new 

position should be prohibi t8d or rr~stricted fr::>m gamblin :i , the Three 

Factors section shall give guidance on Lhis issue . 

CHAPTER 25 . 03 

Class II 

Purpose 

1. The Tribal Council (hereinafter 

Constitution Lo enact ordinances, 

Gaming Code in orde1 t 0 set the 

operations on Indian lands subject 

"Tribe " • , empowered by the Tribal 

hereby enacts this Chapter of its 

terms tor Class 1- and III gaming 

Lo the Jurisdiction of the Tribe . 

2 . The purpose of this section is to ensure Class II and Class III gaming 

is regulated, fair, and fun 1or the general public . 

Gaming authorized 

Class II ga~ing as defined in the fndian Gaming Regulatory Act , 25 U. S . C . § 

2701 ec seq. ( " lGRA" ) and by the regulal ions promulgated by the National 

Indian Gaming Commission at 25 r . F . R. Sect~ons 50 -585 . is hereby authorized . 

Sol e proprietary interest 

Ownersh ip of gaming 

1. The Tribe shall have Lhe sole proprietary interest in 

responsibility for the C< ndu ~t of any gaming operation authorized 

this Ordinance , excepl as expressly provided in this Ordinance . 

and 

by 

2 . No person or entily, othPr than Lhe T~ibe, shall conduct ia~ing without 

obtaining a license :rem I.he Commission prior to commencement of 

gaming . 

3 . The Commission may issue a license tor individually-m·med gaming so 

long as : 

a . The individua ... ly owned gaming operation is 1 icensed and regulated 

pursuant to this Title; 

b . The incom0 to the Tribe frorr an individually owned gaming operation 

is used only for the purposes listed in chis Title; 

c . Not less than 60 percent: of the net ti venues of Lhe individuallyowned gaming operation shall be income to lhe rribe ; 

Adopted-Resolution No. TMBC 1247-06- 18 

Page 18 of 35 
25 . 0304 

25.0305 

25.0306 

d . The owner ot the individuC1lly owned gamjng pays an annual 

assessment to NIGC pursuant to 25 C. F . R. § 514 . l ; and 

e . The Commission applies 1 icensing 

restriccive as those establisned 

gaming ; 

standards 

by ~tate 

that are -._ Cl\. 

law governinq 

least as 

similar 

f . The Commission determines that the owner of the individually owned 

gaming would be eligible co receive a State license to conduct the 

same activicy within the jurisdiction of the surrounding State . 

Use of gaming r e v e nue 

1 . Net revenues from Class II gaming shall be used only tor che following 

purposes; to fund cribal government opercJtions and programs; provide 

for the general welfare • f ~t'l Tribe and its members ; pi ornate tribal 

economic development ; donate to charitable organizations; or help fund 

operacions of Local governmen1 dgencies . 

2 . If the Tribe elects to make per capita±- p1yments LO tribal members , it 

shall authorize such payments only upon aprroval of a ~lan submitted to 

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

C . F . R. §§ 522 . 4 and 522 . 6 . 

3 . Net revenues from any Class 

conducted or licensed by the 

payments Lo Tribal members if: 

gaming 

to make 

II and/or Class III 

T.ribe may be used 

activiti es 

per ,..apita 

a . The Tribe has pr~pareu a plan to allo~ate revenues to one or more 

of the five uses authorized by this Title; 

b . The plan is appr)ved oy the $Pcre~ary of the Interior as adequate , 

particularly with respect to Lhe uses _n this Title; 

c . The interests of minors .,nd tner leaally incompet:ent persons who 

are entitled to receive any of the per capita payments are 

protected and preserved, and the per capita paymen~s are disbursed 

to the parents or legdl guardian ol such minors or legal 

incompetents in such amounts as may be necessary for the health , 

ejucation, or \·telfare of the minor or other legally incompetent: 

person ; and 

d . The per capita payments are subiect to Federal taxation and the 

Tribe noLifies its mernbers of such tax liability when payments are 

made . 

Conduct of Class I I games o f chance 

1 . 

2 . 

Class II games of chance shall be governed by lhe lGRA; and 

The Commission shall enact r::egulat ions, minimurr :r1ternal 

system internal controls, anci scandard operating procedures 

enforce the requiremenr.s ot IGRA . 

Authorized games 

-ont rols, 

to monitor 

Bingo in all Forms : The Tribe hereby authorizes che licensin~ of and proviaes 

basic rules for t.h.-:> operation or th• game commonly known as bingo including, 

but not limited to, all other forms c 1 bingo and Class IT poker 

approved by the Commission and auth i=ed by IGRA . 

1. No ceLling shall be imposed upon any tribally- cperated or triballyrnanaged bingo gamt? wi I h r-::~garri co thv cash valuu of any prize or the 

value of any rnerchandi se that :nay awatded to ariy ,.,inner . A tribal high 

stakes bingo game is her0by cJUthori ;:ed pui suant t.o rules approved by 

Adopted-Resolution No. TM OC 1247-06- 18 

Page 19 of 35 
t.he Conunission . 

2 . The Commission shall approve a ceiling upon the cash value of any prize 

or the value cf any merchandise that may b~ awarded co any winner . 

3 . Ceiling on Prizes for Class II Private Bin~o Games : 

The specj ""ic restrictions or a bingo op• ral ion ir.clude, but ar.:- not: 

limited to the following : 

a . E:uch operator shall ~har:J•::! all play.-rs a uniform dmo unt: for the 

bingo cards to be used iri each such game . 

b . The rate Lo be charged each player ::"r a bingo card shall be tixed 

by each operator and posted conspicuously on t:he premises of each 

gaming establishment . No person shall be allowed co play in any 

bingo game without first paying the uni1orm charge . 

c . Each person who pays to play in a bingo game shall be given a bingo 

card which shall be numbered ciOd read:ly identifiable as belonging 

t o the opera Lor of !;he qaming esl<Jblishment for use during a 

particular game . 

d . The prizes which may be won by a player in each bingo game shall be 

clearly made known to all player!> pr or to the sale .::if c:1ny bingo 

card for such sale . 

e . An ex .. mpli!> of al 1 winning patterns sha l_ be provided to eclch player 

in any bingo game or oth~rwise displayed in a conspicuous place in 

Lhe room in which such game is to be played . 

f . A bingo card shall only be sold and paj d for wi Lhin the two-hour 

period immediately before the day ' s gaming begins . Any other 

advanced sales of ningo packages shall require the advanced 

aμproval of the Cammi ::;sio11 . Unless other arrangements are approved 

in advancP by the Commission, each sa~e of a bingo cc:1rd shalJ take 

place upon the premises on which the game is to be played 

g . No 1 icense shall allow any manager or employee to p~ay in a bingo 

game while on duty . No licensee shall allow any person who , without 

payment, assists .n lhe l)Ferat::.on of any bingo game conduct~d by 

the licensee, to play in .:..ny bingo game conducted by such licensee 

within 24 hours of the ~ime s~-h assisrance was provided. 

h . Each bingo prize shall be won by a plc:1yer who matches the letters 

and numbers on the bingo card with lr tt?rs and numbers called by 

tlie competition w th other paying play,.,rs . 

i . Each numbered ball , or ot.:her device , used in or for the selection 

ot numbers to oe call~d i p~ay h~~l be of the same weight as each 

such other ball or ctevi ce used fo1 such purpose in such game . 

lmmediately following the calling of e .ich number, the caller shall 

display to the playei s thac pore ion ef the ball or othr>r device 

used Lo determinL which 11umber is chosen so that: each player may 

know that the proper number has been ,;olled out . 

j . Any kicensee who rails to recurn ~ny noney paid by a paLron to play 

in a canceled bingo .,iame, or who fails to provide the advertised 

prize , shall be subject 1 •) civil su t to c . ..,llecl only the amount 

owed plus court fees . No damaqe suits snall b~ authorized . 

4 . The Cammi ssion hereby aul hori zes the licensing of c1nd provides basic 

rules for the operation of games commonly known as pull-tabs or 

punchboa1 ds 0 1· tip jars . 

5 . P...ny persor who desire.:; 7-.0 sell pull-tabs, operate punchooards, or tip 

jars shaJl obtain a Class JI ttibal gaming license . 

6 . Specific restrictions on a p..i11-tab, punchboard, or tip jar operation 

include , but are not limited to the following : 

a . Each licensee is pr~hiuited £~om printing, manu1acturinq , or 

constructing pull-tab equipment or materials . 

b . Unless all of the highest denomi~alions ~1 winners have b~en sold, 

or unless otherwise permit: ted by Commission regulo ti on, a li<..:cmsee 

engaged in the selling of chances from jars of pull-tab or 

punchboards shall not discard any rem~ining pull-tabs or 

Adopted-Resolution No. TM BC 1247-06-18 

Page 20 of 35 
25 . 0401 

25.0402 

25.0403 

25.0404 

c . 

punchboar Is once the 

punchboards are offered 

The maximum price per 

exceed S25 . 00 . 

contents 01 that jar 

tor sale to players. 

pull- tab or punchboard 

of pull-tabs or 

chance shall not 

d . Each pull-tab and punchboard shall be numbe1ed ctnd shall display 

the winning combinacions . Winning comtinaLions shall also be posLed 

near the place where pull- L:abs or punchboards are sold . 

e . The amounr won by rhe h lder of any i-1inning pu~l-tab or puncrboard 

shall be paid upon demand and shall only be paid out by the 

licensee at its licensed establishm~nt . 

7 . No Ceiling c n Prizes for Tribally-Owned or Tribally Managed Gaming 

shall be imposed upon any pull-tab, punc:hboard or tip jar operation 

with regard to the cash value or any prize or the value of any 

merchandise that may be awarded to a winner . 

8 . The Commission shall approve a ceiling upon the cash value of any prize 

or t-he value of any merchandise that may be awarded to any winner in 

a ny pull-tab, punchboard, or tip jar opl ration by a trib'" ~ social or 

charitable organizatio1 . 

9 . No triba l social or chdritable pull-tab, punchboard or tip jar 

operation shall award pri.:cs whose cash va~ue e:-:ceeds that al lowed by 

state law . 

Chapter 25. 04 

Class III (Casino-Type) Gaming 

Purpose 

The Tribal Council (hereinarcer "Trioe " ) , delegated the authority LO enact 

laws by Lhe Tz: ibal Constitution-herc•by enacls this Chapter of i rs Gaming 

Title in c rder to set the terms for ".:lass II I gamin J operations on Tribal 

lands . 

Incorporation of Tribal-State compact: Games authorized 

1 . The conduct of all Class r:. gaming activities as defined in the Indian 

Gaming RegulaLory Act: ( " IGRA" ) , 25 U. S . <' . Section 2703(8) , on tribal 

lands wilhin the Tribe ' s ~urisdiction Shdll be governed by the TribalState Compact as duly execuLed l>y autnorized tribal and state officials 

a nd approved by the Department of the Interior according to the IGRA on 

March 11 , 201 j . 

2 . The pr ovisions of such Tribal-Stale Gaming Compact shall be 

incorporated hereby in th~ Turtle Mountain Band of Chippewa lnd1r;1ns 

Code . 

3 . Only those games approved as mentioned above are permitced to be 

conducted by the T1.1rtle Mounlain Band of Chippewa . 

4 . The Tribal- Stale Compact ' s terms may change 1 rom time to time and such 

changes are authorized by this Title and incorporated into this Title 

for requirements of administration . 

Ownership of gaming 

The Tribe shall have the s.>le proprier.y inr.erest in cind respc.nsibility for 

the conduct of any gaming operation au1horized by this Title . 

Additional compact requirements for Class I II employment licenses 

The Commiss:on sha]l comply with all such reguirem~nts of licensing of Class 

III gaming employments requirements seL: forth i11 the Tribal-State Gaming 

Compact and subsequent amendments . 

Adopted-Resolution No. TMBC 1247-06-18 

Page 2 1 of 35 
25.0405 

25.0406 

25.0501 

25.0502 

25.0503 

Conduct of Class III games of chance. 

Until such time as additional reaulacions are deemed 

Commission , the conduct of a 11 Class II I game!" shall be 

applicable provisions of the Tribal-State Gaming Compact . 

Compliance with terms of Tribal-State gaming compact. 

neces-ary by the 

governed by those 

In che conducl and operation of any r1ass III gaming facilicies, the 

Commission shall comply with al 1 terms of the Tribal-State Gaming Compact 

adopted by law Lrom time to time and authorized by the Tribal Council. 

Licenses for Vendors 

Chapter 25.05 

Vendor Licensing 

1 . Vendors of Gaming Services or supplies, with a value of $25,000 or more 

annually, must have a venJor license from the Tr.ioal Gaming Commission 

in order Lo transact business wiLh the Tribal gaming operations. 

2 . Contracts for professional legal and ac,...C1unting services -ire excluded 

from this provision . 

Submission of a Vendor License Application 

In order Lo obtain a gaming "'(:mtlor .1.ict.r.se , ':he husiness must complete a 

vendor application and submit to background checks of itself and its 

principals. Principals of a business include those officers, directors, 

managers, owners, pdrtners, anu non-inst: i tut i ona 1 stockholaers that either 

own lOb or more 0£ the business' stock or are the 10 largesL stockholders, as 

well as the on-site supervisors or managers d(·s.'..gnated in an agreement with 

the Tribe , if applicable . 

Contents of the Vendor License Application 

1 . Applications for gaming vendor licerses must include the follow~ng : 

a . Name of business, business addrf>ss, business telephone number (s) , 

federal tax identificc;!l ion number (or social security number, if a 

sol e proprietorship) , main office address (if different from 

business address) , any other names used by the applicant in 

business, and type of service(s) applicant will provide ; 

b . Whether the applicant is a partnership, corpora•ion, limited 

liability company, sole proprietorship or other entity; 

c . If the applicant is a corporation , the state of ·nee roorotion and 

the qualification to do business in the Stat~ of North Dakota , ir 

the gaming operat:ion is in a different stC1te than the state ot 

incorporation . 

d . 'l'rade name , othe1 names ev·~r used and names ot any wholly owned 

subsidiaries or other businesses owned by the v.ndor or its 

principals; 

e . General dc:scriptior1 of t.:he business dnd its a"tivities; 

£ . Whether the applicant. will be inve!>tir.y in , or loaninq money to , 

the gaming operation, dnd , it so , how much ; 

g . A description of any • xisr ing :ind pre\ ious business relationships 

with the gaming i ndusL ry aenera .... ly , including ownership interests 

in t hose businesses; 

h . A Lst of Inoian trib•?S wi• h which the vendor hds an existing or 

previous business re la L ionship , including ownership, Einancial or 

management interests in any non-qaming activity; 

Adopted-Resolution No. TMBC 1247-06-18 

Page 22 of 35 
25.0504 

25.0505 

2 5.0506 

i. If the vendor has exlensive interac1 ion with Indian tribes, a tribe 

may want to limit this list to the ten (10) biggesr cortracts; 

j . A tribe may want to consider namin<,J a higher amount for larger or 

publicly traded .~ompanie~ ; 

k . Names , addresses anrl t "'lephone numoers of three ( 3) business 

references with whom th,.. company has regularly oor.e ousiness .::or 

the last rive (5) years; 

1. The name and ad~iress oi any l.censing or regulatory a 1ency with 

which the business has filed an application for a license or permit 

related Lo gamin~ , whe ther or n>r such license or permit was 

granted; 

m. If the business has ever had a licensA revoked for any reason , the 

ci1cumstances involved; 

n . A list of lawsuits to ~-1h ch the business has been a defendant, 

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

and disposition , if any; 

o . A lisl the business' funding sources and any liabilities of $50 , 000 

or more ; 

p . A list of the principals or the business, their social security 

numbers, addresses, Leleoh ::me numbers, ;:it-es, anci percentage of 

ownership in the company ; and 

q . Any further informati~n the Tribe deems relevant . 

2 . The £allowing notice shall be placed on the application form for a 

vendor and its principals: 

Inclusion of false or misleading informatjon in the vendor application 

may be grounds ~or denia~ or revocation of the Tribe' s vendor l icense . 

3 . A vendor may submit to t:he Conunission a copy of a recenc license 

application t..o another jurisdiction if it contains the information 

listed above . The vendor 1r1i 1 be required to submit, in •:1riting , any 

changes in the information since the other license application was 

filed, and any informaticn requested by th~ Tribe not concained in the 

other application . 

Vendor Background Investigations 

The Commission shall employ or otherwise engage an investigator to complete 

an invesLigat ion 0£ a gaming vendor . This invest .'..gation shall include , at a 

minimum, the following steps: 

1 . Verificacion of the vPndor' s business' incorporaLiou status and 

qualificat..ions to do business in the state where the gaming operation 

is located ; 

2 . Obtaining a business credit. reporl, if ;1vailable , and conducting a 

Better Business B~reau check on he venJor; 

3 . Conducting a check of the vendor' s business' credit history; 

4 . Calling and questioning each o the refe1ences lis--ed 1n the vendor 

application ; and 

5 . Conducting an investigation o f the prin,...ipa s o f -he vend r ' s business, 

including facilitating a criminal hislory check , obtaining criminal 

history check results, ob~aining a credit leport , and interviewing the 

personal references listed . 

Vendor License Fee s 

The 't'GRA may charge a J icense 1 ee, to be set by l he Commission , t o cover its 

expenses in invesc:igacing and licensing vendors oi the gaming operation . 

Vendor Background Investigation Reports 

Adopted-Resolution No. TMOC 1247-06- 18 

Page 23 of 35 
25.0507 

Th e investigator shall complete an investigative report coverinq each of the 

steps taken in the background inv.,.stiriation ot the gaming vendor and its 

principals, and present it to the Co~nission . 

Exemption f o r Vendors License d b y Recognize d Re gulatory Au t horities 

The Commission may adopt regulations naming specific licensing aulhorities 

that it reL'ognizes and may aulho1.ize exempti ns tc the vendor lice-r.s.:n'1 

process for vendors who have r.ecei ved a l ic••nse from one of tt1e named 

regulatory authorities, which are Nevada, S< uth Dakotd, North Dakota , 

Colorado, and Mississippi . 

Se ction 25.06 

Fai r He aring Procedures 

25.0601 Practice and Procedures for Conunission Heari ngs 

25.0601 .1 Conunission Hearing Provisi ons: 

(I) The Commission will post its agenda 3 cla y s prior to meetings and 

will provide 30 days notiroe and publ cation or proposed code , 

regulatory , and internal minimum controls amendments for public 

comment . 

(2) The Commission will afford an applicant an opportunity for a 

hearing any fi nal action a license appljcation . 

(3) The burden of proving fi Lness and suiLcJbil ity £01 a license 

will be on the applicanL . 

(-i) Notice Lo ApplicanL . The Commission wi 11 provide written notice 

Lo the applicant 01 lic-ensee or the hearing at least ten (10) 

business days (Monday -Friday) prior to the date set: for the 

hearing . The notice will he sent by certifjed mail , or may be 

personally serv ed upon Lhe applicant . The notice will state the 

date , time and place of the hearing . The notice will also slate 

the purpose of the h earing , including , but not limited to : 

(:1) Whe ther Lhe Commission Ls holding the hearing for the purpose 

of oblaining furl her infomJation ; or 

(hl Whether t:he Commission will be considering the granL 01 

denial of the license application . 

26.0601.2 Ex Parte Communications, Threat, or Offe r of Reward Prohibit e d 

(/' l 

Ex parte communication , t:hreat, 01 offer of reward relative t:o 

any matter (s) being considered by the Commission wil 1 be 

prohj bi ted between an applicant , its legal counsel , 

representat:ive , agent or employee and any member of the 

Commission , Tribal Council , or the Tribe' s Chairman before a 

decision is rendered by the Commission . 

For t h e purpose of this Seel ion only, " any matter(s) being 

considered by the Commission , " means those malters identified in 

the writlen noU ce as weJl nS any other matters that are actually 

considered by the Commission during a heai:ing . All matters 

Adopted-Resolution No. T MBC 1247-06- 18 

Page 24 of 35 
25. 0601. 3 

identified in the writ Len notice will bP subject.: to the prohibition 

against e x pa rte communications . All matL~rs not identified in the 

writlcn notice that are consideted by Lhe Commission during a 

hearing become subject t:o the prohibiLion agCJinsL ex parte 

communicaLions as soon as l.hey are dis~ussed during the hearing . 

a . Any member of lhc Commission , T.dbal Council , or the Tribal 

Chairman who receives an ex parle communicalion , threat, or 

offer of reward telative to .:iny malter(s) being consh!ered by 

Lhe Commission will immediately report such communication in 

writing Lo the Gaming Inspector and t.he Gaming Commission' s 

Counsel . The Commissioner shall not participate in the hearing 

unless his or her inability to participaLe would make it 

impossible for the Commission to obtain a Quorum . 

b . Nothing in Lhis Section will pruhibi L the applicant 

a uthorized agenl from cornmunicallng wiLh the 

Commission' s Counsel or its autho1ized agents . 

or its 

G.;iming 

The Commission will have the power t.o impose any sanction pursuant 

Lo this Ordinance upon ils determination that an applicant, his 

or her legal counsel , agent , tepr<?sentative or employee has 

violaled this Section . 

Appearance through Counsel 

l?arlies Lo all hearings governed by this Section of the Ordinance 

may appear personally or Lhrough an attor11ey , e x ce(Jt Lhal a party 

mus L personally a Ltend any hearing on the mer'i Ls unless altendance 

has been waived, in writing, by t:he Commission . 

When a party has appeared through an alto1ney , service of all 

notj ces, motions, orders, dee is ions, and other pape i s, including 

verbal communical ion::; , will thereafter be made upon Lhe attorney, 

unless Lhe party requests or permiLs otherwise in writing . 

When a party is represenled by an attorney, the aLLorney will sign 

all motions, notices, requests, and other papers on behalf of the 

party . 

( 111 An altorney reLainecl Lo represent an applicant , his or her 

represenLative , agent oi. employeP , will tile proof of eligibility 

to practice 1 a w in t. he Turt 1 e Mountain Band of Chippewa Bar with Lhe 

Commission prior to Lhe scheduled hearing . 

25.0601. 4 Discovery 

The Gaming Office or its r·ounsel and the applic ant ( responde nc) will 

exchange a list of persons chat each pdrty int~nds to call as 

witnesses no later th<in seven (7) business days (Monday-Friday) before 

a scheduled hearing . Eac h witness will be iuentified by name , ir 

known , position, and busi nes::; address . If nc business address is 

available, a home address f o r th• witness will be pr~vided. Any 

w..:.tness not idenLif1ed in dCcordanc1:. with this Sect ion may be 

prohibited from test.:ifying at a h<">arinq i n the Commission ' s 

discretion . 

Gaming 01 fice or its Counse l and 

exchange a copy of all documents 01 

the ap[ lica""t (respondent) will 

tangible evidence chat. he or she 

Adopted-Resolution No. TMBCl 247-06-18 

Page 25 of 35 
intends to of fer as eviaence in support of the party ' s case in chief. 

This exchange will be made to rhe opposing part:y no later than three 

(3) business days (Monday- Friday) before a scheduled hearing . Failure 

to make available any documenr or t:angible evidence in accordance with 

t:his Section may , in t. he Commission ' s discretion , be grounds to deny 

the admission of such d icument or tangible evidence . 

25 .0601.5 Confidential Materials Procedure 

(1) Prior Lo making any documents available to t:h·~ Gaming Otfice or it.:s 

Counsel , the applicant (respondent) may designate any document he or 

she believes to contair confidential ir.format ion as "Subject: to a 

Contidentialit:y Claim" by so maLking the aocum~nt p1ior lo providing 

a copy of the document lo Gaming Office or i. ts Counsel. 

( 2) No document provj cied to the Garn i ng 0 I fice or its Counsel, which has 

been marked in accord with this section und no non-publi- informacion 

contained wi Ln t:he documem: will be made a par• of the public record 

of Lhe Commission proceedings or otherwise disclosed by the Commission 

to any person oth.;?r than it::; authoriz.Pd a ;ients (or except.: as may be 

required under any laws, regulations, court o.tder, or the Compact) , 

wit. hout first providing Lhe respondent wit II the opportunity to seek a 

ruling by rt-e Commission that the do::;uments and/or non-public 

in1ormation <.:ontained therein should not be made public . The request 

for such a ruling and any discussion relating to r.he document will be 

heard and ruled upon by the C?mmission in an executive session, the 

bearing session will be adjourned and the Commission will conduct an 

executive session meetLng in order to hear and rule upLn the 

respondent ' s request . !'he 1pplicant (respondent) may present to the 

Commission, jn executive session , written and oral argument.s regarding 

the confidentiality claim, al..1ng with any facts the app~icant 

(respondent) believes to be televc:1nt to such argument . 

When weighing the pub. ic ' s right to be i nforrn4'·d of the information 

before the Gaming Commission , the rommission in execul ive session will 

evalua<:e the evidence present as "Subject to a Confidentiali "Y Claim" 

as fol _ows : 

a . The Commission will balance Lhe appl:c·ant ' -:: (respondent ' s) claims 

of confidentiality against the materic.11 ity of the information to 

the license application or renewal decision ; 

b . 

c . 

The Commission will 

informalion against 

confidentiality; 

balance the public ' s right Lo know the 

t: l1e applic<rnt ' ~, (respondent ' s) claim of 

The Commission will balance it:s own accountability as a public 

service regulato1y body to create a public record for lhe 

Licensure against the applicant ' s (respo11denL ' s) claim of 

confidentialLLy ; and 

d . The Conunission will consider all facts and circumstan<.:es relevant 

to making a proper i:-uli1.4, this will incl;.:ie but is not limited 

to the public ' s safety, trdJition and custom 01 the Tribe , the 

standard eviclentiary privileges \-Jhich includes but: is not limited 

to doctor-patient privilege, clergy privilEge , and/or atcorneyclient privilege . 

e . Aftet conside1ing the record ' ' Subject to a Confidentiality 

Claim" in exccut i ve session and determining that.: the record will 

Adopted-Resolution No. T MBC l247-06-18 

Page 26 of 35 
25 . 0601. 6 

be made a parl of the publ ic record of t:he appl icant ' s 

( res pondent ' s) a pplica t ion or liccnsure , renewal proceedings, 

the Commission will rule in pub I ic session o n I h e record as to 

which d ocumen Ls are "Subject to a Confidentialily Claim ." 

f . If Lh e Commissio n rules against the Confidentialit y Claim and the 

applicant (responden1 I contirues :o contest tha t the record or 

document: s h ould continue to be "Subject o a Confidentiality 

Claim," the applicanl (respondent) wi ~ bL permi t~ ed t o : 

Withdraw his o r her lic ensr appl icati o n o r l icensure 

applicat:ion from consideration by Lhe CommissJ.on ; or 

wi Lhdr a w the record or clocument from the Commission ' s 

proce eding . 

·1 I f t h e applica n l (respondent) s0lects the opt ion to withdraw the 

e vide nc e rrom t he heari mJ the Commissi on wh e n ma k ing the l i censure 

decision sha l 1 weigh the withdrawal of the record or document along 

wt th o lher e vide n c e i n ma k ing the d etertn.lnation . With d1 a wal of the 

d ocwne n ts from the application process ordinarily will be cons idered 

wi th disfa v or a n d , d e pending o n the f acts a nd circ umstc:i nces o f the 

public r ecord , t h e C~runission may deem Lhe withd rawal of the record 

or d ocume n t Lo b e suf f icienl cause i n a n d o f itsel f f:or rlen ial oL the 

l icense applicalion 0 1 lie-en sure ienewal . 

In t he event Lhat. t h r-> Commission rules during executive session t:hat 

the docwnent and/or information contained thereJ.n should not be made 

part of t h e public record , but will be considered in t:hP license 

application or renewal , the reco rd o r document sha l be designat:ed 

"Con fiden lia l ," sea led, a nd wil 1 not be made part of lhe public 

record . The Commission may consider -he document anJ information 

contained within Lhe con t idential record or document , in camera in 

ma king its determinat:on 

At the conclusion of lhe Commi ssio n ' s proceedings, t:he Commission will 

ret urn to the a pplica n t (respondent) all docume11ts mcJrked as "Subject 

to a Confidentiality Claim" which were n <" t made parL 0 1 the public 

record or were viewed in 1.:am.:>rc. and designated as "Confidential ." 

Subpoenas 

The Commission is h e reby a u thorized lo issue subpoenas wi thin i t s j u risd icti on o ( 

auLhorj ty when c on s idering l'i.cens e a pplicalions or t·ene 1o1als . 

(1) Subpoena s rnay be i s s ue d to c:uuse a w i Lness to appear and give oral 

t e stimo ny, or t o produ ce d ocuments or other tangible evid ence . 

(2 ) I f a p a rty wishes to have a subp •Pna issued by Lhe Commission within its 

jurisdicti o n o f a u l ho r i Ly , ci p roper I y prcp a 1 e d s ubpoena wi LI b e f u rni shed by 

the party , i ncluding infor mation necessary for service of process, at l e ast 

three ( 3) cal e ndat days pcior to the hearing . Whe n serv ice has b een 

complete d , t he Commissi o n 1'Ji ll provide proof of service to all parL:es. 

(3 ) If a party or Ccmn:i.ss l o n w:i.she>s l o incl ude witnesses who are not: wi thin 

t:he Ccxrm:i.ssi o n ' s j ur:i.sclict:i on of aut:hor.it:y , but wi shes t.o personally 

regues L the appearan ce of t.he i.nte nded witn ess (es) on h_i s or h er behal [ , 

the pai Ly is require:::i Lo p rov ide notice of t:he intended witness (es) 

(4) I f a p a r ty d oes not timely request a subpoena, thr> p arty wil 1 not be 

Adopted-Resolution No. TMBCl247-06- 18 

Page 27 of 35 
entitled to a poscponement because ot the absence of the witness(es) . 

(5) If the subpoena has been timely issoed, the Commission may, in its 

discretion , postpone the hearing due Lo Lhe absence of the witness(cs) . 

25 . 0601. 7 Postponement 

The Commission may poscpone a hearing upon the request of a party, uron dgreement of 

all parties, or at the Commission ' s discretion for. good cause , and on such terms as the 

Commission deems just. 

25. 0601. 8 

( I) 

(2) 

Hearing Procedures 

The Chairman wjll preside over all hearinqs, call Lhe proceedings to order, 

control the presentation of evidence, ~h~ appearance of witnesses, and the 

order of the proceedings . 

The Commission has che auchority ;:o require any person j ncluding , but not 

limited to , any agent , employee or representative of any person, to appear 

and testify before the Commission with i·egar.d to any matter within the 

Commission ' s jurisdiction at such Lime and place as it may designate . Such 

testimony will be under oath and may include any mat ::ers which che 

Commission deems relevant to th<!! discharge of the Commission ' s official 

duties . Testimony will be recorded by a duly cert iL.ed court reporter and 

may be used by the Commission as evidence in any proceeding or matter before 

the Commission . Failure to :ippear and testify fully at the time and place 

design~ted will result in sanctions. Failure to appear may constitute 

grounds for : 

a . The refusa 1 to grant a lio..:ense to the person s ummoned, and/o.r that 

person ' s principal ot empLoyet ; 

b . The suspension 01 revoca Lion of a license held by the person summoned, 

and/ or that person ' s principal or employer; or 

c . The inference that lhe testimony of the pe:tson summoned \oJOUld have been 

adverse to Lhat person and/01 that person ' s principal or employer. 

(3) Any party to the hearing may cal. c.1nd exam.;.ne witnesses . The Commission 

will exer cise its discretion to limil the testimony al witnesses where t ha t 

testimony is irrelevant , argumentotiv~ or repetitive . 

(4) Any party to Lhe hearing may conduct cross-examinations reasonably required 

for a full and Lrue disclosure of Lhe [acts. 

(5) The Commission may ask quesi:ions ot witnesses, and may requesc or aJ low 

additional evidence at any lime . 

(6) 

Persons will be permitced to sp~ak only when :tecognized by the Chairman . 

The Commission 

person who ls 

respect fOL the 

w:i 11 have the .rnthori ty to eject f1 om Lhe hearings any 

disruptive , disordet ly, or wh o shows a lack of proper 

Commission or Lhe nature of the p1oceedings . 

(7) All hearings held under this Or iinari ·e will be open t:o all members of the 

Tribe anci to such other persons who, in the discretion or the C'ornmission or 

the Gaming Office or its Counsel, sh«uld be allo~Jed to actena . 

Adop1ed-Resolution No. TMBC 1247-06- 18 

Page 28 of 35 
The Commission , in its disc1 etion , ilas Lhe power Lo e xclude wit:nesses from 

the hearing until which time as Lhe witness is required t o testify . 

25.0601. 9 Evi dence 

(l In hearings subjecL to this Tille , the Commission will not be bound by 

t echn j cal r u les relating to evidence and wl I nesses . The Commission will 

admit all testimony that LP.nds to prove a relevant issue to the hearing , 

but will e xclude immalcrial , ir.relevanl or unduJ y t epeli tious Lestimony . 

The Commission will give effect to the rulf's o[ pi.ivilE>ge , unless such 

privilege is waived . The submission of evidence or taking of testimony 

shall be cont l.ol led by basic princl ples oi relevancy , materiality and 

whether or not Lhe evidence or t0stimony relates to a relevant issue of the 

b ea ring . Objeclions to e videntiary offers and offers of proof of evid ence 

not admitted may be made and will be noted . 

{?) All evidence, including records and documents in the p(ssession or the 

Commission or which the Commission desites to avail itself, I-Jill be duly 

offered and made a part of the record in the case . Each party will be 

afforded and made a part of the record i.n the case . Each part:y will be 

afforded adequ ate opporlunity to rebut or offe1 countervailing evidence . 

The Commission may take offjcial notice of any generally recognized fact or 

any established technical or scientific facl ; b ul parl ies will be notified 

either before or during the hearing or by tull reference in prelimina ry 

reports or otherwise, o f t he r acts so noticed, and they wi ll be afforded 

an opportunity Lo cont est the validity of the official nolice . 

(1) Documentary evidence may be received in the lorm of copies or e x cerpts, i f 

the original is not readily availabl~ . Upon iequest, parties will be gi ven 

an opportunity to compare Lhe copy to the original . 

(~ ) The record in a hearj ng governed by th is Ord i nance will inc lude : 

a . applications, pleadings, i.ni:.ermediate rulings and exhibits and 

a ppendices Lhereto; 

b . evidence r eceived or considered, stipulaLlons a nd admissions, including 

bul noL limited to confidential evidence . 

c . a slateme nt o f matt ers offici<Jlly noticed; 

I. Questions and offers of proof , objections and ruling thereon; 

~- Any proposed findings o r decisions and e xceptions; 

Any decision , opinion or l epo1 t by the CourL ; and 

1 . The audio recording or transcr1pl from such audio recording prepared 

by a duly cerlifi ed court repot~er . 

2 5 . 0 6 01 . 10 De termi n ation b y t he Commission 

The Commission will make ull determinations of issues, q uestions, and 

claims before it . 

(,' ) All sign ificant determi na lions mad0 by l:he Comnii ssion will be documented 

in a writlen decision and will require a Ouorum al a duly called meeting of 

Adopted-Resolution No. TMBC 1247-06- 18 

Page 29 of 35 
the Commission , and shall include the grant , denial, renewal , or failure to 

renew a llcen se . 

A copy of any decision reached pursuant Io this Section wil 1 

upon the a ppllcant (respondent) by regislered or cerlified ma ll , 

served personally . 

25 .0601.11 Sanc tions 

The Commission ma y impose Lhe following sanctions : 

be served 

or may be 

(1) An order prohibiting the use of any wiLness, d ocument or Langible evidence 

whic h should have been disclosed, produced, e xhibited o r e x c hanged pursuant 

to t his Ordinance , Lhe Commission ' s Rules of l?rac:Lice a nd Procedure , or any 

o rder of the Commission ; 

(~I An order t hat designated facts wi ll be taken as established; 

( 3) An order that che disobedient pa1 ty J11ay not s uppo•·t 01 oppose 

designated claims or defenses; 

4) An ordet sLriking pleadings or parts lhcreof, or sta y ing further 

proceedings or dismissing the proceeding or any ~art thereof, or entering a 

judgment by d efault againsl lhe disobedient pa1ty ; and 

( · A finding aga insc the disobedient party. 

C A f orfeiture not co exceed a 51000 per incident . 

25 .0601.12 Appeals 

Decisions of the Commission denying or not renewing a license shall be final 

and may only b" appealed to the Court . 

(,, Appea l s mu st be filed wilhin 30 days 01 service 01 t he determination . 

25 . 0701 De finitions 

Section 2 5 . 0 7 

Definitions 

Definj tions . Except where otherwise defined in ;:his title, 1·10rds used will have their 

commonly understood meaning : 

a. "Applicanl'' mea ns an y person or entily hav jng rln application on file wi.Lh 

the Commission in connection wilh a11y gaming operation . 

h. "Application" means : 

(I) All forms and information required by the Commission for issuance of 

a gami ng license ; and 

(2) Any oth er 

Commission 

r egistration 1equ11ements cleemecl 

for purposes o f vandor ce1 ificaLion . 

necessary by Lhc 

l'. "Charitable gaming " mea ns any aulhorized gami ng conducLed by a Turtle 

Mountain Band of Chippewd Indians organizalion wilhin the Tribe ' s 

Territory and Jurisdiction for the benefit of the gen1.;:ral weli.'3re programs 

or for the benefiL of Tribal Membe rs . 

Adopted-Resolution No. TMBC 1247-06-18 

Page 30 of 35 
d. "Class I Gami ng " is defined in occordance wi th the IGRA, 25 U . S . C . 

§2703 (6) and means social games solely fo1 prL~es of minimal value or 

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

or in connection with, tribal ceremonies or CPlebrations. 

"Class II 

§2703 (7) 

gaming " is 

and means : 

defined in accordance with the IGRA, 25 u . s .c . 

( I) The game 

electronic, 

connection 

of chance 

compu Ler, 

therewith) : 

commonly 

or other 

known as bingo (whether 

Lechnological aids are 

or 

used 

noL 

in 

!a) Whi ch is played for prizes, including monetary prizes, with 

cards bearing numbers or olher designs; and 

1hl In which the hoJder of the card cove1 s such numbers or designs 

when objects, similarly numbeI.ed O.L desi gna ted , ate drawn or 

elec.:tronjcally determined ; and 

(1.:1 I n whic h the game is won by the first person covering the 

previously designated arrangement of numbers or designs o n such 

cards , including (if played, in the same location) pull- Labs, 

lotto, punch boaLds, Lip jars, instant bi.ngo , and other games 

simjlar Lo bingo . 

(2) Ca r d qames tha l: : 

1:11 !\re e xplicitly authorized by the laws of the state; or 

1b) Are not explicitly p.tohib1Led by the Jaws of the state and are 

played at any location in Lhe state, bul only ii such card games 

are played in conformity with those laws and regulations (if 

a ny ) of the stale regarding hours and periods of operation of 

s uch card games or limitations on wagers or pol sizes in such 

card games . 

f. "Class III gaming " is defined in accordance with lhe TGRA, 25 U. S . C . §2703 

(8 ) and means a ll forms of gaminy thal: a1e nol CJass I or Class II gaming . 

g. "Collateral agrceme11t " mea n s any contract , whether or not in wtiting , thaL 

is r elated, either directly or indirectly, to a management contract , or Lo 

any rights, du Lies or obligations ct ea Led betwee n the Tribe (ol. any of its 

me mbe rs, entitie s or orqanizcltions) and a management contractor or 

subcontractor (or any person or entity relat~d to a management contractor 

or subcon tractor) 

h. "Commission " or " Gaming Commission " means Lhe Turl Le Mo unt ain Band of 

Chippewa Indians Gaming Commission established pursuant to Sections 13 and 

14 of this Title . 

i. "Compact " means any Tribal/State Gaming Compact conce1 ning Class IJ I gaming 

en tered in Lo pursuant to Lhe lnd i an Gaming Regulatory Act (IGRA) , 25 

u. s .c . § 2710{cl) . 

.J. "Court " means the Turtle Mountain Band of Chj ppewa Indians Court . 

Adopted-Resolution No. TMBC 1247-06-18 

Page 3 1 of 35 
k. " Ex ecutive Manager " or "General Manager " means the indj vidual who has 

ove rall responsibility for day- to-day management of operations in a gaming 

facility . 

I. " Ex ecutive session" means t he porlion of a meeting or hearing not open to 

the public . 

m. "Ex parle communication " means an oral or wr·itten communication not on Lhe 

public record with respect to whi c h reasonable 1>1io1 notice ~o all parties 

i s not given and i n which not all parties Sl1bjec-t to Lhe heai.i ng are 

present, but iL wi ll not include tequests for slatus reports on any matter 

o r proceeding covered by this Title . 

n. "fi tness " means the state of being qualified or: competent t:o pe1form a 

given job function . 

o. " Game " oi. "Gaming " means any activity in whi.:h a person places valuable 

consideration at ris k , based on the oulcome of a ny event concerning 

chance , s ki ll , speed, strength, endurance , sport, or any combination 

thereof , wh erein an award ot val11e may be granted or Jost depending o n 

said outcome . 

p. "Gaming activity " means all activities performed by any person for l he 

purpo se of conducting or assisting with Lhe conducting of any game or 

gaming , including promotions, marketing , Ol any dj rect or indirect 

assistance at the site/ fad J ity or temotely . 'fhe Lerrn "gaming aclivity" 

includes such things as marketing , transportation of chips or cash, 

maintenance or repair of gaming relaled machinery, but e xcludes associated 

commercial aclivi ty such as hospi I a l ily and ret-ail cic tiv.i. Ly that does not 

involve the performance of gaming activity (i.e . food and beverage , holel, 

gift shop sales, and similar operations) . 

q. "Gaming iacilit y " means the build i ng and associc1ted real property within 

which t h e Tribe or licensed facility condu~ts Class II or Class I I I 

gaming, but will not include any adjacer t or attacht..d non- gaming 

enterprises such as not:els, retai 1 shops and eating esLabl i shmen r;s . 

r. "Gaming opera lion " means an economic entity LhaL is licensed by the 

Commission to ope1 ate Class II or III games , 1 eceivcs revenue , issues Lhe 

prizes and pays Lhe e x penses of operating said CJass Il or III games . 

s. "Gaming- related contract " means a11y agreement undet which t:he licensed 

gaming facility procurPS gaming matet ~=.s , sup1 ~ ies, equ ipmen1· o r services 

which are unique to the opt.raLion oi gaming md not common to ordinary 

Lribal operations (Suen as accounting e r legal sei. vices) ; the t<"rm includes, 

but is not limited to : 

Managemenl conlracLs r ela t e d lo Class II or Class III gaming . 

Managemen l consultation se1vices reqaraing Lhe administration , 

supervision , or training of one or more functions related Lo Class II 

or Class l II gami ng managernenl, aclivilies, or operations . 

Contracl security services ielated to Class [l 01 Class III gaming . 

Prize payout agreements or annuity conl1acts relaLPd Lo ClHSS II or III 

gaming . 

Pr ocuremenl(including lease) or Class 1 1 or C1oss III gaming 

ma terials, supplies, equipment or services 1 nvol ving marketing , 

maintenance or repair or gaming related eq..tJ.pmenL , r ickeLs and other 

gaming supplies or materials, t.:he recei vinq 0 1 ret:ording ot a player • s 

gaming selections or wagers, d!ld the determirliltion of winners . 

Adopted-Resolution No. TMBC 124 7-06-18 

Page 32 of 35 
... . Financing of facilities in whi-::h gaming is operated, except financing 

by a state or tederally chartered financial institution. 

t. "General Manager " or "Exec..:utive Managr>r" means the indJvi.dual who has overall 

responsibility for a gaming operation. 

LI. " IGRA " means the Indian Gaming Regulatory Acl, Pub . L . 100-49·1, 25 U. S . C . 

§2701 , et seq ., including any amendments there Lo . Where appropria t.e " IGRA" 

also means regulations duly promulgaled by the NTGC under the IGRA, which 

are valid interprelations of the TGRA . 

\. "License" means a privilege granted tor a limited lime to a person or ent:ity 

to perform certain acts; a License wi 11 not convey any property or liberty 

interest to the licensee . 

aa . "Management con tract " means any conlract, subcon tracL or collateral agreemen t 

between the Tribe and a contractor 01 berween a contract and a subcontractor if 

such cont:ract or agreement provides 1 or t.he rnanagernenl 01 all or part of any 

gaming operation . Management encompasses many activities (e . <J . , planning , 

organizing, directing , coordinating , and C)rtrc lling). The perfot:mance of any one 

of such activities with respect lO all or parl of -J gaming operation constitutes 

management for the purpose of determining whet her oiny contract or agreement for 

the performance of such activities is a management contract . A management 

contract will typically have , but is not: limited ro , t:he following types of 

activities or requirements with respect: Lo t:he gan ir_g operation : maintenance of 

adequate accounting procedures and preparal_ion of verir iablc.· financial reports on 

a monthly basis; paymenc of a minimum guaranteed amount: to the Nat ion ; 

development and construction costs incurred or financed by a party other than the 

term of contract that establishes an ongoing relationship ; compensa~ 'on based on 

percentage fee (performance) ; and provision for assignment or subcontracti ng of 

r esponsibilities. 

bb . "Territory and Jurisdlction" means the area derined in the 'l'MBCI Constitution in 

Article II . 

cc . "Tribe " means the Turtle Mountain Band of Chippewa Indians, any of its 

subdivisions, enterprises, agencies or .nstrumentality, subdivisions of such 

enterprises, agencies or insLrumentallly, corpora ti ans chatt.ered under federal, 

state, or tribal law which are not who_li owned by <lny of ;:he roregoing, and 

authorized officials, agenls and representatLves of any of the foregoing . 

dd . "NIGC" means the National Indian Gaming Commis.sion esLablished pursuant to the 

IGRA, 25 U. S . C. § 2704 . 

ee . ''Net revenues " rneans gross r evenues of an Indian gaming operation less amounts 

paid out as , or paid for pri7.es and total gaming- r•->lateci oi:;.erating 

expenses excluding management fees . 

ff. and gg . Reserved tor future use . 

hh . "Owner or Control ling Pe.r:son " means : 

(I) Any natural person having a direct financial interest in any management 

contract; 

(2) When a trust is a party l:o a management contract , any beneficiary or 

trustee; 

I]) When a partnership is a party Lo a management contrnct , any partner ; 

Adopted-Resolution No. TMBCl247-06-18 

Page 33 of 35 
ii. 

(4) When a corporation is a patty Lo a managemenL contract , any person who is an 

office r or d irector or who holds at leasL five percent (5'~,) of Lhe issu ed 

and o u tstandjng stock alone or in combination with another stockholder who 

i s a spouse , parent , child, or siblinq ; or 

(5) Wilh r espect to any entity with a~ interest 

c orporation that has an interest in 1 management 

trustees , partners, directors or rive percenl 

entities. 

Ln a trust, pa~tnership or 

·ontrdct , all beneficiaries, 

( 5 .. ) s ha1 C"holders of such 

" Pe rson " means any individual and any part nershLp 

association, corporation , or other legal ent.ity . 

(general and limited) , 

jj . "Ch airman " means the duly elected Chairman of the 'l'urt l•:l Mountain Band of Chippewa 

Indians . 

kk . " Premises " or "Licensed Premi ses " means any placl!, facility , or location on Indi an 

lands al which Class II or Class III gaminJ is conduc~ed . 

11. " Primary ManagemenL Off icial " means any person designated c:is a direct employee of 

the Tribe or in any management contract as havin·J management responsibility of all 

or any part of any gaming operation : 

( 1) Any per son who has the authority : 

~) To h ire and fi1e employees of a gaming oper~tion ; or 

(b) To set up working policy f.or a gaming ope~ation ; or 

( 2 ) The chief financial officer or other person wno has irrunediate financial 

management responsibility for- any gaming ope.·ration . 

mm . "Quorum" means a rnajor i Ly of the Members of the Gaming Commission and represents 

the number of Gaming Commission Members who must be present before a ::tecis ·on may 

be reached by the Gaming Commission . Unless the Tribe passes a Resolut ion 

l o wering t he number of Gaming Commissioners necessary to consti lute d quorum, any 

three (3) Commissioners present at a duly cdllecl meeting wil~ constitute a quorum . 

n n . "Rela ti ve of o r " Dir ectly related to " means any person ' s spouse or spousal 

relationship partner, child, sibling , p.::rent, granoparent , or granjchild . For 

the p urpose of this Title, this meaning will includ· relatives by c1doption and 

s tep-rela tives . 

oo . " Resp ondeat: superior " means Lhe doctrine that 

e mployee is responsible for the actions of the 

withi n the scope 0£ employment . The def ini t.ion 

limited for purposes of imposing sanct) o ns on 

Title . 

an employer or supervisor of an 

e mployee while L:he employee works 

of re::.pondPat superio1 is furt:her 

supe1·visors as provided in this 

pp . "Suitabilit.y" means a standard wh~reby t.he Gamin:; Commission lc.vks to an 

a pplicant ' s , licensee ' s , or vendor ' s prior activities, criminal record , if any, or 

repu tation , habits and or associations to determin.-=· \·Jhether or not these prior 

actions pose a t.hreat to ;:he pubLc iat••.rest. ::>r t.o the effective reaulation and 

control of gaming conducted under this title, or cre,.1Le or enhance th~ dangers of 

uns uitable , welfair, or illegal pracLic•s, and methods, and activities in the 

conduct of such gaming . 

qq . "Trea s u rer " means the individual designated as l he Trr'!asurer of the Turtle 

Adopted-Resolution o. TMBC 1247-06- 18 

Page 34 of 35 
Mountain Band of Chippewa Indians. 

rr. "Trial Court" 01 " r1c1rc: " means the Turt:le Mount<iin Band of Chippewa Indians' Court . 

ss. " Vendors " means any pers r. or :.c'ld ent.ity inclu<lin3 , bu;:; nor. _imi:ec to : a 

mc..rchant ; ret1iil dt•aler; supplieor ; mpo:rtcr; •~ll olesal. dist:ribut.:or wh• tr..insfers 

proper y ; JOods or other services b); Sd c or i.-.c1se c:o a qaming l ocil r '.l- , 1·1hether 

gaming r nonoaminq relat~d ; providi J , hat the c.ief nitior' o: " end r " ,._11 not 

include those ab V( persons c.r enti (..~ who proviae enter tainm< nt.:. s _n.::es at a 

gaming facility or Of• rac:ion . 

Adop1ed-Resolu1ion No. TMBC l 247-06- 18 

Page 35 of 35