April 24,201 4 

By First Class Mail 

Laurie Boivin, Chairwoman 

Menominee Indian Tribe of Wisconsin 

P.O. Box 910 

Keshena, WI 541 35 

Re: Menominee Tribe amended Chapter 347 

Dear Chairwoman Boivin: 

This letter responds to the February 7,2014 request of former Chairman Craig Corn 

on behalf of the Menominee Indian Tribe of Wisconsin for the National Indian Gaming 

Commission Chairman to review and approve gaming chapter (347) of the Tribe's code, as 

amended by ordinances 13-08 and 13-26. 

The amendments clarify the regulatory authority of the Menominee Tribal Gaming 

Commission and revise the requirements for background investigations and licensing to 

comply with recent changes to NIGC regulations. 

Thank you for bringing the amended Chapter 347 to my attention and for providing a 

copy of it. The amended chapter 347 is approved, as it is consistent with the requirements of 

the Indian Gaming Regulatory Act and the NIGC's regulations. If you have any questions, 

please feel free to contact Staff Attorney Jennifer Lawson at (202) 632-7003. 

Sincerely, +w 

Jonodev Chaudhuri 

Acting Chairman 

cc: John Wilhelmi, Counsel for the Menominee Tribe 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax 202.632.7066 HMMI.NIGC.GOV 

REGIONAL OFRCES Portland, OR; Sacramento. CA; Phoenix, AZ; St. Paul. MN;Tulsa, OK 
MENOMINEE NATION 

THE MENOMiNEE TRIBAL LEGISLATURE 

TRIBAL ORDINANCE 13- 08 

"AMENDMENT TO THE CODE OF MENOMINEE 

INDIAN TRIBE OF WISCONSIN 

CHAPTER 347" 

FINAL APPROVAL: 

BE IT ORDAINED BY THE LEGISLATURE OF THE MENOMiNEE INDIAN TRIBE OF WISCONSIN: 

Tribal Ordinance 13-08 is hereby enacted. Tribal Ordinance 13- 08 hereby amends Ciiapter 347 - Article iii, "Gaming", of the Code of the Menominee indian Tribe of Wisconsin, as attached 

hereto and incorporated herein as if fully reproduced here. 

CERTIFICATION 

We, the undersigned Officers of the Menominee Tribal Legislature, do hereby certify that the 

foregoing amendment to Menominee indian Tribe of Wisconsin General Code, "Chapter 347" 

was approved for final approval at a regular meeting of the Tribal Legislature held May 02 2013, 

at which a quorum was present, by a vote of 6 for, 1 opposed, 0 abstentions and 1 absent. 

The undersigned also certify that the foregoing amendment to Code of the Menominee indian 

Tribe of Wisconsin has been posted in accordance with the Menominee Constitution and 

Bylaws. 

DATE: May 02,2013 

MENOMINEE INDIAN TRIBE OF WISCONSIN 

~APMAN-CHEV~&R, SECRETARY 

iNDIAN TRIBE OF WISCONSIN 
MENOMINEE NATION 

MENOMINEE TRIBAL LEGISLATURE 

AMENDMENT TO CHAPTER 347 

(ORDINANCE 93-30) 

GAMING CODE 

1. PURPOSE. This Amendment modifies Chapter 347 to make clear that the regulatory 

authority of the Menominee Tribal Gaming Commission, including the authority to iicense 

employees, audit operations, and promulgate internal control standards and other rules is 

limited to the gaming functions of the Tribe through the Menominee lndian Gaming Authority 

and such authority does not extend to any non-gaming activity as defined in this amendment 

even if such activity is carried out by the Menominee lndian Gaming Authority, or any other 

person or entity authorized by the Tribe to conduct gaming. This amendment also makes certain 

changes to background investigations and licensing resultlngfrom the changes to 25 C.F.R. Parts 

556 and 558. 

2. AMENDMENTTO SECTION 347-18.8. Section 347-18.8 Is amended to add the following 

definitions: 

CLASS ill GAMING -Class Ill Gaming means all forms of gaming that are not class I 

gaming or class iI gaming. 

GAMING ACTIVITY - Gaming Activity means any of the following acts by an employee of 

the Gaming Operation: 

(1) Operatlng, maintaining or servicing any Class I, Class II, or Class iil Gaming; 

(2) Providing Security or su~eiliance over any Class I, Class II, or Class Ill Gaming; 

(3) Handling money, chips, tokens, etc. related to Class I, Class iI, or Class Ill 

Gaming; 

(4) Bookkeeping and accounting related to revenues and expenses from Class I, 

Class Ii, or Class IiI Gaming; 

(5) Drafting of policies related to the conduct of Class I, Class II, or Class Ill Gaming; 

(6) Supe~ising or involved in the hiring or firing any employee engaged in a Gaming 

Activity listed (I) - (5) above. 

(7) Any activity required to be regulated pursuant to the provisions of the Indian 

Gaming Regulatoty Act. 
GAMING EMPLOYEE - Gaming Employee means any employee of the Gaming Operation 

whose duties include Gaming Activity and any person who meets the definition of Key Employee 

or Primary Management Official pursuant to Chapter 347 or the indian Gaming Regulatory Act 

or regulations prornuigated pursuant to the indian Gaming Regulatory Act. 

NON-GAMING ACTlViPl- Non-Gaming Activity means all activities of the Gaming 

Operation and its employees that does not constltute Gaming Activity, 

NON-GAMING EMPLOYEE - Non-Gaming Employee means any employee of the Gaming 

Operation who is not a Gaming Employee. 

3. AMENDMENTTO SECTION 347-20.A. Section 347-20.A is replaced in its entirety with 

the following: 

A. Mandatory license. Any person seeking to conduct, operate or manage any gaming activity on 

Indian lands, or any person seeking employment therefrom, shall apply for and receive all the 

required licenses and/or approvals from the Commission prior to engaging in such gaming 

activities in accordance with this Section and Section 347-36 of this Code. 

4. AMENDMENTTO SECTION 347-20.0. Section 347-20.8 is replaced in its entirety with 

the following: 

B. For all other Gaming Employees who are not Primary Management Officials or Key Employee, 

the Commission shall adopt application forms appropriate to each job category. 

5. AMENDMENTTO SECTION 347-20.C. Section 347-20.C is replaced in its entirety with the 

following: 

C. Criminal and background restrictions. No person may be employed as a Gaming Employee in 

the operation or conduct of gaming, and no gaming-related contractor shall employ any person 

in the course of performance under the contract, if that person has been convlcted of, or 

entered a plea of guilty or no contest to, any of the following, unless the person has been 

pardoned: 

(1) A felony, other than a felony conviction for an offense under Subsection C(2), 

(3) or (4) of this section during the immediately preceding 10 years; 

(2) Any gambling-related offense; 

(3) Fraud or misrepresentation in any connection; or 

(4) A violation of any provisions of Ch. 562 or 565, Wis. Stats., a rule promulgated 

by the Lottery Board, Wisconsin Racing Board, Department of Administration or successor 

agency or a tribal ordinance reguiating or prohibiting gaming. 

6. AMENDMENTTO SECTION 347-20.D. Section 347-20.D is replaced in its entirety with 

the following: 
D. Licensing and regulation of Class II and Class Ill gaming activity; net revenue allocation; audits; 

contracts. 

(1) A separate license issued by the Commission shall be required for each place, 

facility, or location on lndian lands within theTribels jurisdiction at which any Class II or Class 111 

gaming activity is conducted. 

(2) The Commission may license and regulate a tribal-owned Class Ill gaming 

activity if: 

(a) Such gaming activity is located on lndian lands within the Tribe's jurisdiction 

and the State of Wisconsin permits such gaming for any purpose by any penon, organization, or 

entity (and such gaming is not otherwise specifically prohibited on lndian lands by federal laws); 

(b) Except as provided in § 347-21, the Tribe will have the sole proprietary 

interest and responsibility for the conduct of such gaming activity; 

(c) Net revenues from such gaming activity are used in accordance with 5 347- 

190 of this code; 

(d) Such gaming activity is subject to annual outside audits, which may be 

encompassed within existing independent, tribal audit systems and provided to the Legislature; 

(e) All contracts for supplies, sewices, or concessions for any aggregate amount 

in excess of $25,000 annually relating to such gaming are also subject to independent audits; 

(f) The construction and maintenance of the gaming facility and the operation of 

that gaming are conducted in a manner which adequately protects the environment and the 

public's health and safety; and 

(g) All primary management officials and key employees of the Class Ill gaming 

operatlon have successfully passed a background investigation and have obtained licenses from 

the Commission. 

7. AMENDMENTTO SECTION 347-20.H - K. Section 347-20.H-K are renamed as follows: 

Section H is renamed Section E; Section I is renamed Section F; Section J is renamed Section G; 

Section K is renamed Section H. 

8. AMENDMENTTO SECTION 347-20.1. Section 347-20.L Is deleted In its entirety, 

9. CREATION OF SECTION 347-24.5. Section 347-24.5 is created to read: 

$347-24.5 A~viicabilitv of Article to Non-Gaminrr Activitv 

Notwithstanding any other provision of Chis Article Ill of Chapter 347, the Menominee 

Tribal Gaming Commission shall have no power or authority to regulate Non-Gaming Activlty or 

Nan-Gaming Employees, nor any responsibility for Non-Gaming Activity or Non-Gaming 

4IPage 
Employees. Any regulation, internal control, or other rule of the Menominee Tribal Gaming 

Commission promulgated and in place at the time of this Amendment related to Non-Gaming 

Activity or Non-Gaming Employees shall be tiull and void and of no effect as of the 

implementation date of thls Amendment. 

10. AMENDMENT TO SECTION 347-36.8(1). Section 347-36.8(1) is replaced in its entirety 

with the following: 

8. Application forms. 

(1) The following notice shall be placed on the appllcation form for a ltey 

employee or a primary management official before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following Information is provided: Sollcltation of 

the information on this form Is authorized by 25 U.S.C. 2701 etseq. The purpose of the 

requested information is to determine the eligiblllty of individuals to be granted a gaming 

license. The information will be used by theTribal gaming regulatory authorities and by the 

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

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

Tribe or the NlGC to appropriate Federal, Tribal, State, local, or foreign law enforcement and 

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

or when pursuant to a requirement by a tribe or thc NlGC in connection with the Issuance, 

denial, or revocation of a gaming license, or lnvestlgatlons of activities wlille associated with a 

tribe or a gaming operatlon. Failure to cotsent to the disclosures indicated In this notice will 

result In a tribe's being ~~nable to license you for a primary management official or ltey employee 

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

supply a SSN may result in errors In processlng your application. 

11. AMENDMENT TO SECTION 347-36.8(3). Section 347-36.8(3) is replaced in its entirety 

with tlie following: 

The following notice shall be placed on the application form for a key employee or a 

primary management official before the form Is filled out by an applicant: A false statement on 

any part of your license application may be grounds for denying a license or the suspenslon or 

revocation of a license. Also, you may be punished by fine or imprisonment (U.S. Code, title 18, 

section 1001). 

12. AMENDMENTTO SECTION 347-36.C(1). Section 34.7-36.C(1) is amended to add 

paragraphs (0) and (p) to read as follows: 

(0) If, in the course of a background investigation, theTribe discovers thattire 

applicant has a notice of results on file with the NiGC from a prior investigation and the Tribe 

has access to the earlier investlgative materials (either through the NlGC or the previous tribal 

investlgative body), the Tribe may rely on those materials and update the investigation and 

investigative report under 5 556.6(b)(l). 

(p) in conducting a background investigation, the Tribe or its agents shall keep 

confidential the identity of each person interviewed in the course of the investigation. 
13. AMENDMENTTO SECTION 347-36.D. Section 347-36.D is replaced in its entirety with 

the following: 

D. Eligibility determination. The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associates to make a finding concerning the eligibility 

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

authorized tribal official, in applying the standards adopted in this Ordinance, determines that 

the licensing of the person poses a threat to the public interest or to the effective regulation of 

gaming or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, an authorizing tribal official shali not license that person 

in a key empioyee or primary management officlal position. 

14. AMENDMENTTO SECflON 347-36.E. and SECTION 347.36.F. Sections 347-36.E and F 

are replaced in their entirety with the following: 

E. Report to the National lndian Gaming Commission. All reports reauired to be made to the 

~ational lndian Gaming Commission shall be made through the appropriate Regional 

office. Should the Tribe wish to submit notices eiectronicaliv, it shall contact the . . 

appropriate Regional Office for guidance on acceptable document formats and means of 

transmission. 

(1) When the Tribe employs a primary management official or a key employee, the 

tribe shali maintain a complete application File containing the information listed under § . . 347.36.C(1) (a) through (n). 

. 

(2) Before issuing a license to a primary management official or to a key employee, 

the tribe shall: 

(a) Create and maintain an investigative report on each background 

investigation. An investigative report shall indude all of the following: 

[I] Steps taken in conducting a background investigation; 

[2] Results obtained; 

[3] Concluslons reached; and 

[4] The basis for those conclusions. 

(b) Submit a notice of results of the applicant's background investigation to the 

National lndian Gaming Commission no later than sixty (60) days after the applicant begins 

work. The notice of results shall contain: 

[I] Applicant's name, date of birth, and social security number; 
[2] Date on which applicant began or will begin work as key 

employee or primary management official; 

131 A summary of the information presented in the investigative 

report, which shall at a minimum include a listing of: 

[a] Licenses that have previously been denied; 

[bl Gaming licenses that have been revoked, even if 

subsequently reinstated; 

[c] Every known criminal charge brought against the applicant 

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

[dl Every felony of which the applicant has been convicted or 

any ongoing prosecution. 

[el A copy of the eligibility determination made under 5 

347.36.D. 

15. AMENDMENTTO SECnORl347-36.6. Section 347-36.6 is amended to be renamed Section 

347-36.F and is amended to add the following paragraphs: 

(4) Within 30 days after the issuance of the license, a tribe shall notify the National lndian 

Gaming Commission of its issuance. 

(5) The gaming operation shall not employ a key employee or primary management official 

who does not have a license after ninety (90) days. 

(6) If the tribe does not license an applicant- 

(a) The tribe shall notify the National lndian Gaming Commission; and 

(b) Shall forward copies of its eligibility determination and notice of results, under 5 

347.36.E of this chapter, to the National lndian Gaming Commission for inclusion in the 

lndian Gaming Individuals Record System. 

(7) A tribe shall retain the following for inspection by the Chair or his or her designee for no 

less than three years from the date of termination of employment: 

(a) Applications for licensing; 

(b) Investigative reports; and 

(c) Eligibility determinations. 
16. AMENDMENTTO SECTION 347-36.H. Section 347-36.H is amended to be renamed Section 

347-36.6 and Paragraph (3) is replaced in its entirety with the following: 

(3) After a revocation hearlng, a tribe shall decide to revoke or to reinstate a gamlng 

license. A tribe shall notify the National Indian Gaming Commission of its decision within 

45 days of receiving notification from the National Indian Gaming Commission pursuant to 

paragraph (1) of this subsection. 

17. EFFECT ON REMAINING TERMS OFCHAPTER. All other terms and oonditlons of Chapter 

347 remain unchanged and are unaffected by this amendment. 

18. EFFECTIVE DATE. This Ordinance shall become effective sixty (60) days after final 

approval by the Menominee Tribal Legislature. 
MENOMINEE NATION 

THE MENOMiNEE TRIBAL LEGISLATURE 

TRIBAL ORDINANCE 13- 08 

"AMENDMENT TO THE CODE OF MENOMINEE 

INDIAN TRIBE OF WISCONSIN 

CHAPTER 347" 

FINAL APPROVAL: 

BE IT ORDAINED BY THE LEGISLATURE OF THE MENOMiNEE INDIAN TRIBE OF WISCONSIN: 

Tribal Ordinance 13-08 is hereby enacted. Tribal Ordinance 13- 08 hereby amends Ciiapter 347 - Article iii, "Gaming", of the Code of the Menominee indian Tribe of Wisconsin, as attached 

hereto and incorporated herein as if fully reproduced here. 

CERTIFICATION 

We, the undersigned Officers of the Menominee Tribal Legislature, do hereby certify that the 

foregoing amendment to Menominee indian Tribe of Wisconsin General Code, "Chapter 347" 

was approved for final approval at a regular meeting of the Tribal Legislature held May 02 2013, 

at which a quorum was present, by a vote of 6 for, 1 opposed, 0 abstentions and 1 absent. 

The undersigned also certify that the foregoing amendment to Code of the Menominee indian 

Tribe of Wisconsin has been posted in accordance with the Menominee Constitution and 

Bylaws. 

DATE: May 02,2013 

MENOMINEE INDIAN TRIBE OF WISCONSIN 

~APMAN-CHEV~&R, SECRETARY 

iNDIAN TRIBE OF WISCONSIN 
MENOMINEE NATION 

MENOMINEE TRIBAL LEGISLATURE 

AMENDMENT TO CHAPTER 347 

(ORDINANCE 93-30) 

GAMING CODE 

1. PURPOSE. This Amendment modifies Chapter 347 to make clear that the regulatory 

authority of the Menominee Tribal Gaming Commission, including the authority to iicense 

employees, audit operations, and promulgate internal control standards and other rules is 

limited to the gaming functions of the Tribe through the Menominee lndian Gaming Authority 

and such authority does not extend to any non-gaming activity as defined in this amendment 

even if such activity is carried out by the Menominee lndian Gaming Authority, or any other 

person or entity authorized by the Tribe to conduct gaming. This amendment also makes certain 

changes to background investigations and licensing resultlngfrom the changes to 25 C.F.R. Parts 

556 and 558. 

2. AMENDMENTTO SECTION 347-18.8. Section 347-18.8 Is amended to add the following 

definitions: 

CLASS ill GAMING -Class Ill Gaming means all forms of gaming that are not class I 

gaming or class iI gaming. 

GAMING ACTIVITY - Gaming Activity means any of the following acts by an employee of 

the Gaming Operation: 

(1) Operatlng, maintaining or servicing any Class I, Class II, or Class iil Gaming; 

(2) Providing Security or su~eiliance over any Class I, Class II, or Class Ill Gaming; 

(3) Handling money, chips, tokens, etc. related to Class I, Class iI, or Class Ill 

Gaming; 

(4) Bookkeeping and accounting related to revenues and expenses from Class I, 

Class Ii, or Class IiI Gaming; 

(5) Drafting of policies related to the conduct of Class I, Class II, or Class Ill Gaming; 

(6) Supe~ising or involved in the hiring or firing any employee engaged in a Gaming 

Activity listed (I) - (5) above. 

(7) Any activity required to be regulated pursuant to the provisions of the Indian 

Gaming Regulatoty Act. 
GAMING EMPLOYEE - Gaming Employee means any employee of the Gaming Operation 

whose duties include Gaming Activity and any person who meets the definition of Key Employee 

or Primary Management Official pursuant to Chapter 347 or the indian Gaming Regulatory Act 

or regulations prornuigated pursuant to the indian Gaming Regulatory Act. 

NON-GAMING ACTlViPl- Non-Gaming Activity means all activities of the Gaming 

Operation and its employees that does not constltute Gaming Activity, 

NON-GAMING EMPLOYEE - Non-Gaming Employee means any employee of the Gaming 

Operation who is not a Gaming Employee. 

3. AMENDMENTTO SECTION 347-20.A. Section 347-20.A is replaced in its entirety with 

the following: 

A. Mandatory license. Any person seeking to conduct, operate or manage any gaming activity on 

Indian lands, or any person seeking employment therefrom, shall apply for and receive all the 

required licenses and/or approvals from the Commission prior to engaging in such gaming 

activities in accordance with this Section and Section 347-36 of this Code. 

4. AMENDMENTTO SECTION 347-20.0. Section 347-20.8 is replaced in its entirety with 

the following: 

B. For all other Gaming Employees who are not Primary Management Officials or Key Employee, 

the Commission shall adopt application forms appropriate to each job category. 

5. AMENDMENTTO SECTION 347-20.C. Section 347-20.C is replaced in its entirety with the 

following: 

C. Criminal and background restrictions. No person may be employed as a Gaming Employee in 

the operation or conduct of gaming, and no gaming-related contractor shall employ any person 

in the course of performance under the contract, if that person has been convlcted of, or 

entered a plea of guilty or no contest to, any of the following, unless the person has been 

pardoned: 

(1) A felony, other than a felony conviction for an offense under Subsection C(2), 

(3) or (4) of this section during the immediately preceding 10 years; 

(2) Any gambling-related offense; 

(3) Fraud or misrepresentation in any connection; or 

(4) A violation of any provisions of Ch. 562 or 565, Wis. Stats., a rule promulgated 

by the Lottery Board, Wisconsin Racing Board, Department of Administration or successor 

agency or a tribal ordinance reguiating or prohibiting gaming. 

6. AMENDMENTTO SECTION 347-20.D. Section 347-20.D is replaced in its entirety with 

the following: 
D. Licensing and regulation of Class II and Class Ill gaming activity; net revenue allocation; audits; 

contracts. 

(1) A separate license issued by the Commission shall be required for each place, 

facility, or location on lndian lands within theTribels jurisdiction at which any Class II or Class 111 

gaming activity is conducted. 

(2) The Commission may license and regulate a tribal-owned Class Ill gaming 

activity if: 

(a) Such gaming activity is located on lndian lands within the Tribe's jurisdiction 

and the State of Wisconsin permits such gaming for any purpose by any penon, organization, or 

entity (and such gaming is not otherwise specifically prohibited on lndian lands by federal laws); 

(b) Except as provided in § 347-21, the Tribe will have the sole proprietary 

interest and responsibility for the conduct of such gaming activity; 

(c) Net revenues from such gaming activity are used in accordance with 5 347- 

190 of this code; 

(d) Such gaming activity is subject to annual outside audits, which may be 

encompassed within existing independent, tribal audit systems and provided to the Legislature; 

(e) All contracts for supplies, sewices, or concessions for any aggregate amount 

in excess of $25,000 annually relating to such gaming are also subject to independent audits; 

(f) The construction and maintenance of the gaming facility and the operation of 

that gaming are conducted in a manner which adequately protects the environment and the 

public's health and safety; and 

(g) All primary management officials and key employees of the Class Ill gaming 

operatlon have successfully passed a background investigation and have obtained licenses from 

the Commission. 

7. AMENDMENTTO SECTION 347-20.H - K. Section 347-20.H-K are renamed as follows: 

Section H is renamed Section E; Section I is renamed Section F; Section J is renamed Section G; 

Section K is renamed Section H. 

8. AMENDMENTTO SECTION 347-20.1. Section 347-20.L Is deleted In its entirety, 

9. CREATION OF SECTION 347-24.5. Section 347-24.5 is created to read: 

$347-24.5 A~viicabilitv of Article to Non-Gaminrr Activitv 

Notwithstanding any other provision of Chis Article Ill of Chapter 347, the Menominee 

Tribal Gaming Commission shall have no power or authority to regulate Non-Gaming Activlty or 

Nan-Gaming Employees, nor any responsibility for Non-Gaming Activity or Non-Gaming 

4IPage 
Employees. Any regulation, internal control, or other rule of the Menominee Tribal Gaming 

Commission promulgated and in place at the time of this Amendment related to Non-Gaming 

Activity or Non-Gaming Employees shall be tiull and void and of no effect as of the 

implementation date of thls Amendment. 

10. AMENDMENT TO SECTION 347-36.8(1). Section 347-36.8(1) is replaced in its entirety 

with the following: 

8. Application forms. 

(1) The following notice shall be placed on the appllcation form for a ltey 

employee or a primary management official before that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following Information is provided: Sollcltation of 

the information on this form Is authorized by 25 U.S.C. 2701 etseq. The purpose of the 

requested information is to determine the eligiblllty of individuals to be granted a gaming 

license. The information will be used by theTribal gaming regulatory authorities and by the 

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

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

Tribe or the NlGC to appropriate Federal, Tribal, State, local, or foreign law enforcement and 

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

or when pursuant to a requirement by a tribe or thc NlGC in connection with the Issuance, 

denial, or revocation of a gaming license, or lnvestlgatlons of activities wlille associated with a 

tribe or a gaming operatlon. Failure to cotsent to the disclosures indicated In this notice will 

result In a tribe's being ~~nable to license you for a primary management official or ltey employee 

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

supply a SSN may result in errors In processlng your application. 

11. AMENDMENT TO SECTION 347-36.8(3). Section 347-36.8(3) is replaced in its entirety 

with tlie following: 

The following notice shall be placed on the application form for a key employee or a 

primary management official before the form Is filled out by an applicant: A false statement on 

any part of your license application may be grounds for denying a license or the suspenslon or 

revocation of a license. Also, you may be punished by fine or imprisonment (U.S. Code, title 18, 

section 1001). 

12. AMENDMENTTO SECTION 347-36.C(1). Section 34.7-36.C(1) is amended to add 

paragraphs (0) and (p) to read as follows: 

(0) If, in the course of a background investigation, theTribe discovers thattire 

applicant has a notice of results on file with the NiGC from a prior investigation and the Tribe 

has access to the earlier investlgative materials (either through the NlGC or the previous tribal 

investlgative body), the Tribe may rely on those materials and update the investigation and 

investigative report under 5 556.6(b)(l). 

(p) in conducting a background investigation, the Tribe or its agents shall keep 

confidential the identity of each person interviewed in the course of the investigation. 
13. AMENDMENTTO SECTION 347-36.D. Section 347-36.D is replaced in its entirety with 

the following: 

D. Eligibility determination. The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associates to make a finding concerning the eligibility 

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

authorized tribal official, in applying the standards adopted in this Ordinance, determines that 

the licensing of the person poses a threat to the public interest or to the effective regulation of 

gaming or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, an authorizing tribal official shali not license that person 

in a key empioyee or primary management officlal position. 

14. AMENDMENTTO SECflON 347-36.E. and SECTION 347.36.F. Sections 347-36.E and F 

are replaced in their entirety with the following: 

E. Report to the National lndian Gaming Commission. All reports reauired to be made to the 

~ational lndian Gaming Commission shall be made through the appropriate Regional 

office. Should the Tribe wish to submit notices eiectronicaliv, it shall contact the . . 

appropriate Regional Office for guidance on acceptable document formats and means of 

transmission. 

(1) When the Tribe employs a primary management official or a key employee, the 

tribe shali maintain a complete application File containing the information listed under § . . 347.36.C(1) (a) through (n). 

. 

(2) Before issuing a license to a primary management official or to a key employee, 

the tribe shall: 

(a) Create and maintain an investigative report on each background 

investigation. An investigative report shall indude all of the following: 

[I] Steps taken in conducting a background investigation; 

[2] Results obtained; 

[3] Concluslons reached; and 

[4] The basis for those conclusions. 

(b) Submit a notice of results of the applicant's background investigation to the 

National lndian Gaming Commission no later than sixty (60) days after the applicant begins 

work. The notice of results shall contain: 

[I] Applicant's name, date of birth, and social security number; 
[2] Date on which applicant began or will begin work as key 

employee or primary management official; 

131 A summary of the information presented in the investigative 

report, which shall at a minimum include a listing of: 

[a] Licenses that have previously been denied; 

[bl Gaming licenses that have been revoked, even if 

subsequently reinstated; 

[c] Every known criminal charge brought against the applicant 

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

[dl Every felony of which the applicant has been convicted or 

any ongoing prosecution. 

[el A copy of the eligibility determination made under 5 

347.36.D. 

15. AMENDMENTTO SECnORl347-36.6. Section 347-36.6 is amended to be renamed Section 

347-36.F and is amended to add the following paragraphs: 

(4) Within 30 days after the issuance of the license, a tribe shall notify the National lndian 

Gaming Commission of its issuance. 

(5) The gaming operation shall not employ a key employee or primary management official 

who does not have a license after ninety (90) days. 

(6) If the tribe does not license an applicant- 

(a) The tribe shall notify the National lndian Gaming Commission; and 

(b) Shall forward copies of its eligibility determination and notice of results, under 5 

347.36.E of this chapter, to the National lndian Gaming Commission for inclusion in the 

lndian Gaming Individuals Record System. 

(7) A tribe shall retain the following for inspection by the Chair or his or her designee for no 

less than three years from the date of termination of employment: 

(a) Applications for licensing; 

(b) Investigative reports; and 

(c) Eligibility determinations. 
16. AMENDMENTTO SECTION 347-36.H. Section 347-36.H is amended to be renamed Section 

347-36.6 and Paragraph (3) is replaced in its entirety with the following: 

(3) After a revocation hearlng, a tribe shall decide to revoke or to reinstate a gamlng 

license. A tribe shall notify the National Indian Gaming Commission of its decision within 

45 days of receiving notification from the National Indian Gaming Commission pursuant to 

paragraph (1) of this subsection. 

17. EFFECT ON REMAINING TERMS OFCHAPTER. All other terms and oonditlons of Chapter 

347 remain unchanged and are unaffected by this amendment. 

18. EFFECTIVE DATE. This Ordinance shall become effective sixty (60) days after final 

approval by the Menominee Tribal Legislature. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

CHAPTER 347 GAMING 

ARTICLE Ill. Gaming Code 

5 347-18. Definitions. 

5 347-19. Administration and enforcement; Gaming Commission. 

5 347-20. Licensing of games and personnel. 

5 347-21. Management contracts. 

5 347-22. Auditing and internal control. 

5 347-23. Exclusion or ejection of individuals. 

5 347-24. Amendments. 

[Adopted 1-20-1994 by Ord. No. 93-30; amended in its entirety 1-22-2008] 

5 347-18. Definitions. 

A. Unless a different meaning is clearly indicated, the terms used in this article shall have the same 

meaning as defined in the Indian Gaming Regulatory Act.Editor's Note: See 25 U.S.C. 5 2701 etseq. 

0. As used in this article, the following terms shall have the meanings indicated: 

CITIZENSHIP 

The status of United States citizen under the laws of the United States of America. 

CLASS I GAMING 

Social games played solely for prizes of minimal value or traditional forms of Indian gaming engaged in 

by individuals as a part of, or in connection with, tribal ceremonies or celebration. 

CLASS II GAMING 

(1) The game of chance commonly ltnown as "bingo" (whether or not electronic, computer, or other 

technologic aids are used in connection therewith): 

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

designations; 

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

numbered or designated, are shown or electronically determined; and 

(c) In which the game is won only by the first person covering a previously designated arrangement of 

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

boards, lip jars, instant bingo, and other games similar to bingo; and 

(2) Card games that: 

(a) Are explicitly authorized by the laws of the State of Wisconsin; or 

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

the State of Wisconsin, but only if such card games are played in conformity with those laws and 

regulations (if any) of the State of Wisconsin regarding hours or periods of operation of such card games 

or limitations on wagers or pot prizes in such card games. 

(3) The term "Class II gaming" does not include: 

(a) Any banking card games, including baccarat, chemin defer, or blacltjaclt (21); or 

(b) Electronic or electromechanical facsimiles of any game of chance or slot machines of any ltind. 

CLASS Ill GAMING 

Class Ill Gaming means all forms of gaming that are not class I gaming or class II gaming. 

COMMISSION 

The Menominee Tribal Gaming Commission established pursuant to this article to perform regulatory 

oversight and to monitor compliance with tribal, federal and applicable state regulations and the 

Compact and also ltnown as the "Gaming Commission" or "Menominee Tribal Gaming Agency." Any 

reference to "Commission" in this article shall include the staff of the Menominee Tribal Gaming 

Commission. 

COMMISSION BYLAWS 

The rules governing the conduct of the Menominee Tribal Gaming Commission meetings and actions, 

COMMISSIONER 

One of the members of the Menominee Tribal Gaming Commission; also known as "Gaming 

Commissioner." 

COMPLIMENTARY ITEMS 

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Goods or services, including but not limited to food, beverages, lodging, gift certificates, match play 

coupons, and merchandise, that are provided to customers o.F the Menominee Nation Casino, Bingo and 

Hotel or other gaming operations at no cost or reduced cost. 

Distinct complimentary items that are less than $10 in value and that in the aggregate do not exceed 

$100 in value annually. 

GAMING ACTIVITY 

Gaming Activity means any of the following acts by an employee of the Gaming Operation: 

(1) Operating, maintaining or servicing any Class I, Class II, or Class Ill Gaming; 

(2) Providing Security or surveillance over any Class I, Class II, or Class Ill Gaming; 

(3) Handling money, chips, toltens, etc. related to Class I, Class II, or Class Ill Gaming; 

(4) Booklteeping and accounting related to revenues and expenses from Class I, Class II, or 

Class Ill Gaming; 

(5) Drafting of policies related to the conduct of Class I, Class II, or Class Ill Gaming; 

(6) Supervising or involved in the hiring or firing any employee engaged in a Gaming Activity 

listed (I) - (5) above. 

(7) Any activity required to be regulated pursuant to the provisions of the lndian Gaming 

Regulatory Act. 

GAMING EMPLOYEE 

Gaming Employee means any employee of the Gaming Operation whose duties include Gaming Activity 

and any person who meets the definition of Key Employee or Primary Management Official pursuant to 

Chapter 34.7 or the lndian Gaming Regulatory Act or regulations promulgated pursuant to the lndian 

Gaming Regulatory Act. 

GAMING OPERATION 

Each economic entity that is licensed by the Tribe, operates games, receives revenues, issues prizes, and 

pays expenses. A gaming operation may be operated by the Tribe directly or by a management 

contractor or by an enterprise established and owned by the Tribe for the conduct of gaming or its 

enterprise's management contractor. Any Non-Gaming Activity conducted by the Gaming Operation 

shall not be subject to regulation under this Section 347 pursuant to 5347-24.5 of this Article. 

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IMMEDIATE FAMILY MEMBER 

Father, mother, sister, brother, husband, wife, child, father-in-law, mother-in-law, stepfather, 

stepmother, and stepchildren. 

INDIAN LAND 

Any lands title to which is either held in trust by the United States forthe benefit of the Menominee 

lndian Tribe of Wisconsin or held by the Menominee lndian Tribe of Wisconsin subject to restriction by 

the United States against alienation and over which the Menominee lndian Tribe of Wisconsin exercises 

governmental power. 

KEY EMPLOYEE 

Has the same meaning as used in Article V, Authorization of Gaming, of this chapter. 

LEGISLATURE 

The Menominee Tribal Legislature, also known as "Tribal Legislature." 

LICENSEE 

Any person who has been issued a valid and current license pursuant to the provisions of this article. 

MANAGEMENT CONTRACT 

Any contract, agreement, subcontract or collateral agreement between an lndian Tribe and a contractor 

or between a contractor and a subcontractor if such contract or agreement provides for the 

management of all or part of a gaming operation. 

MANAGEMENT FEE 

The amount paid pursuant to a management contract as determined within such contracts. 

NET REVENUES 

Gross gaming revenues of an lndian gaming operation less: 

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

(2) Total gaming-related operating expenses, excluding management fees. 

NON-GAMING ACTIVITY 

Non-Gaming Activity means all activities of the Gaming Operation and its employees that does not 

constitute Gaming Activity. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

NON-GAMING EMPLOYEE 

Non-Gaming Employee means any employee of the Gaming Operation who is not a Gaming Employee. 

PRIMARY MANAGEMENT OFFICIAL 

Has the same meaning as used in Article V, Authorization of Gaming, of this chapter. 

REGULATION 

Regulations promulgated by the Commission pursuant to this article. 

TRIBAL COURT 

The Tribal Court of the Menominee lndian Tribe of Wisconsin created pursuant to the Menominee 

lndian Tribe of Wisconsin Constitution and Bylaws and the Judiciary and Law and Order CodeEditor's 

Note: See Ch. 120, and physically located on the Menominee lndian Reservation or, for the purposes of 

regulating any gaming conducted outside the boundaries of the Menominee lndian Reservation, a 

tribunal created by the Menominee Tribal Legislature for the purpose of performing the role of the 

Tribal Court under this article. 

TRIBAL-STATE COMPACT or COMPACT or GAMING COMPACT 

A written document, either negotiated and agreed to by the Tribe and an official or agent of the State of 

Wisconsin or prescribed by the Secretary pursuant to 25 U.S.C. 5 2710(d)(7)(B)(vii), governing the 

conduct of Class Ill gaming activities on lndian lands. 

TRIBE 

The Menominee lndian Tribe of Wisconsin, a federally recognized lndian Tribe; also may be referred to 

as "Menominee Nation." 

WORKING DAYS 

Monday through Friday with the exception of Menominee tribal holidays and administrative leave. 

9_3El9. Administration and enforcement; Gaming Commission. 

- A. Unauthorized gaming. Any lndian who commits any act of unauthorized gaming on this Reservation or 

any lndian land shall be guilty of a crime and shall be prosecuted in Tribal Court. Prosecution for such a 

crime in Tribal Court is not meant to be exclusive; a finding of guilt or innocence shall not deprive the 

federal government from criminal jurisdiction. However, it is hereby declared that Class I, Class II and 

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Class Ill gaming conducted on this Reservation or on any Indian land that fully complies with the 

provisions of this code shall not be subject to any criminal penalties. 

- B. Ownership; revenues to benefit Tribe. Except for those licenses issued pursuant to 5 347-201, the 

Tribe shall have the sole proprietary interest in, and the sole responsibility for, the conduct of the 

gaming activity. Such provision does not, however, limit the Tribe's ability to enter into a management 

contract wherein net profits are divided between the Tribe and other parties to the contract. Agaming 

establishment shall be operated so as to produce the maximum amount of net profit to the Tribe. 

UThe Tribe's share of net revenues will go entirely to the Tribe and will be used solely for the following 

purposes: 

To fund tribal government operations or programs; 

MTo provide for the general welfare of the Tribe and its members; 

u To promote tribal economic development; 

UTo donate to charitable organizations; or 

@To help fund operations of local government agencies. 

@J Net revenues from the gaming establishment may be used to make per capita payments to members 

of the Tribe upon the preparation of a plan to allocate revenues to the above uses and approval of this 

plan by the Secretary of the Interior. 

- C. Establishment of Gaming Commission. The Menominee Tribal Gaming Commission shall consist of five 

members appointed by the Menominee Tribal Legislature. The Tribal Legislature shall make appropriate 

appointments to the Commission for three-year terms (staggered). A Commissioner shall carry over in 

office until such time as his or her successor is seated on the Commission. 

Eligibility requirementsfor Commissioners. In order to be eligible to serve as a Gaming 

Commissioner, a person shall: 

Be an enrolled Menominee member; 

M Submit to a background investigation of the type required of a primary management official 

pursuant to this article and Article!!, Authorization of Gaming, of this chapter; 

Not have been convicted of a felony; 

@J Not have been convicted of any gambling-related offense or any offense involving fraud or 

misrepresentation; 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

Not currently be engaged in or have any prior activities concerning reputation, habits or associations 

that pose a threat to the public interest and effective regulation of gaming, as determined by the Tribal 

Legislature; 

IflSubmit to random and reasonable suspicion drug tests; 

@Not be a member of the Tribal Legislature or Tribal Gaming Management Board or employed by any 

gaming operation; 

Not be engaged in any business that is subject to the provisions of this article; 

Be at least 21 years of age; and 

Not be the immediate family member of any member of the Tribal Gaming Management Board. 

1_?1 Commissioner background checlts. Background investigations of Gaming Commissioners shall be 

conducted by the Director of the Gaming Commission with any potentially disqualifying information 

forwarded to the Tribal Legislature. Copies of background information shall be sealed in a confidential 

file and ltept at the Commission office. 

Removal. The Tribal Legislature may remove a Gaming Commissioner by majority vote subject to 

failing to meet or maintain eligibility requirements as a Gaming Commissioner or for violating 

Subsectione Restrictions on Commissioners, or Subsection Commission ethics. 

MVacancies. Vacancies on the Commission shall be filled by majority vote of theTribal Legislature. 

Organizational meeting. In addition to any other meetings authorized by this article, the Tribal 

Gaming Commission shall meet following the annual appointment of Commission members by the Tribal 

Legislature for the purpose of electing a Chairperson and a Vice Chairperson from its membership. 

- D. Restrictions on Commissioners; ethics. 

Members of the Gaming Commission are prohibited from gambling in a gaming operation owned or 

operated by the Tribe. 

1_?1 Members of the Gaming Commission are prohibited from accepting complimentary items from 

gaming operations owned or operated by the Tribe, except for de minimus food, beverage or logo items. 

j_?l Commission ethics. The Tribe recognizes that the duties of the Tribal Gaming Commission include 

malting important decisions on highly sensitive issues. As such, the Tribe has determined that the 

Gaming Commission shall be held to extremely high ethical standards. Gaming Commissioners shall be 

bound by the following principles: 

@Commissioners shall not: 

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1_21 Hold financial interests that conflict with the conscientious performance of their duties as regulators. 

J2JEngage in financial transactions using nonpublic information or allow the improper use of such 

information by others on their behalf to further any private interest. 

HSolicit or accept any gift or other item of monetary value, including complimentary items, from any 

person or entity seeking official action or inaction from, doing business with, or conducting activities 

regulated by the Gaming Commission or whose interests may be substantially affected by the 

performance or nonperformance of the Commissioners' duties. 

Use their positions for private gain. 

u Engage in outside employment or activities, including seeking or negotiating for future employment, 

which conflict with their official duties and responsibilities. 

Commissioners shall: 

Make no unauthorized commitments or promises of any kind purporting to bind the Tribe. 

J2JAct impartially, in accordance with all relevant tribal, federal, and state laws (where applicable), and 

shall not give preferential treatment to any private organization or individual, including to any persons 

related to Commissioners. 

J3J Ensure that tribal property and gaming assets shall be properly segregated and safeguarded and that 

such property and assets shall not be used for unauthorized activities. 

Disclose waste, fraud, abuse and corruption to appropriate authorities. 

J5J Endeavor to avoid any actions creating the appearance that they are violating the law or the ethical 

standards listed herein. 

- E. Compensation for Commissioners. Commissioners shall be compensated at a rate to be established 

annually by the Commission and approved by the Tribal Legislature. Commissioners shall be reimbursed 

for actual expenses incurred on Commissioner business, including necessary travel expenses. In no event 

shall any individual Commissioner be compensated based on a percentage of net profits from gaming 

operations of the Tribe. 

- F. Meetings open to public. General meetings of the Commission may be open to the general 

membership of the Tribe. All meetings shall be governed by Robert's Rules of Order. Upon a majority 

vote as defined in Subsection 5 matters dealing with personnel, security or the fiscal integrity of the 

gaming operations shall be conducted in executive session and not be open to the public. 

- G. Quorum; majority vote. A quorum shall consist of three members of the Commission. All decisions 

shall be made by a majority vote of the Commissioners present, unless indicated otherwise in this code. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

- H. Monthly report. The Commission shall make or cause to be made monthly reports to the Legislature. 

The report shall include a full and complete statement of gaming revenues paid to the Tribe, expenses 

and all other financial transactions of the Commission and a summary of all licensing and enforcement 

actions. 

- I. Powers and duties. The purpose of the Tribal Gaming Commission is regulatory, not managerial. The 

Tribal Gaming Commission shall have the following powers and duties: 

MThe Commission will conduct oversight to ensure compliance with tribal, federal and, if applicable, 

state laws and regulations and the Compact. 

UThe Commission will serve as the licensing authority for individuals employed in the gaming 

operation and will administer background investigations as part of the licensing process. 

UThe Commission will monitor compliance with the internal control standardsfor the gaming 

operation in traclting revenues. 

Ifll In order to carry out its regulatory duties, the Commission shall have unrestricted access to all areas 

of the gaming operation and to all records. 

The Commission shall have authority to take enforcement actions, including suspension or 

revocation of an individual gaming license when appropriate. 

MThe Commission shall promulgate: 

Regulations regarding the use of complimentary items. Said regulations shall: 

Be in conformance with the National Indian Gaming Commission's Minimum Internal Control 

Standards, found at 25 CFR 542.17. 

W. Prohibit itey employees, primary management officials, Tribal Legislators, and members of the 

Gaming Management Board or Gaming Commission, or any person who is an immediate family member 

of a person listed above, or who shares a residence with a person listed above, from receiving 

complimentary items other than de minimus complimentary items. 

Rules and regulations to prevent cheating. 

mThe Commission shall promulgate and issue: 

@Regulations necessary to comply with the Tribe's Minimum Internal Control Standards (MICS). The 

Tribe acltnowledges its obligation to adopt and implement Minimum Internal Control Standards (MICS) 

for the operation of its tribal gaming operation no less stringent than those found in the regulations of 

the National Indian Gaming Commission (NiGC) at 25 CFR 542. The Tribe's MICS shall be sent out in 

separate regulations to be reviewed and approved by the Tribal Gaming Commission. 
Clean Chapter 347, Articles Ill and V incorporating May 2, 2013 and August 1, 2013 Amendments 

&j Regulations on the levying of fees associated with gaming license applications. 

& Regulations on the levying of fines and/or suspension or revocation of gaming licenses for violations 

of this article, the Compact or any other tribal, federal or state, if applicable, gaming regulations. 

M Licensing regulations. 

UThe Tribal Gaming Commission is responsible for conducting background investigations, making 

suitability determinations and issuing licenses to employees and vendors. The Tribal Gaming 

Commission shall adopt regulations for background investigations which at a minimum meet the 

requirements and procedures of 25 CFR 556 and the Compact. 

UThe Tribal Gaming Commission shall adopt regulations for eligibility determination which at a 

minimum meet the requirements and procedures of 25 CFR 556 and the Compact. 

UThe Tribal Gaming Commission shall adopt regulations for forwarding the Notice of Results to NlGC 

which at a minimum meet the requirements and procedures of 25 CFR 556 and the Compact. 

pAJ The Tribal Gaming Commission shall adopt regulations for license applications and for the granting, 

suspension and revocation of gaming licenses which at a minimum meet the requirements and 

procedures of 25 CFR 558 and the Compact and which provide due process for the resolution of any 

dispute concerning the granting, suspension and revocation of gaming licenses to any management 

contractor. 

IfilThe Commission shall: 

Carry out all duties of the Tribe pursuant to Article y, Authorization of Gaming, of this chapter unless 

any of those duties are assigned to another entity by ordinance. 

&jConduct or cause background investigations to be conducted on, at a minimum, primary 

management officials, key employees and service suppliers. 

& Review and approve all investigative work conducted with respect to such background investigations. 

@J Report results of background investigations to NlGC as required by the Indian Gaming Regulatory Act 

(1GRA)Editor's Note: See 25 U.S.C. 9 2701 et seq. or the Compact. 

Obtain and process fingerprints or designate a law enforcement agency to obtain and process 

fingerprints. 

a Malte suitability determinations. 

@ Issue gaming licenses to management officials and employees of the operation and service suppliers 

consistent with the suitability determinations. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

(hJ Inspect, examine and monitor all gaming activities and have immediate access to review, inspect, 

examine, photocopy and audit all records of the gaming establishment. 

(iJ Ensure compliance with the Compact and all tribal, state and federal laws, rules and regulations 

regarding Indian gaming. 

a Investigate any suspicious wrongdoing associated with any gaming activities (reserving to the Board 

and/or any management contractor its right also to investigate as appropriate). 

&J Hold hearings on patron and/or employee complaints in compliance with procedures established in 

the Compact, the management agreement, this article and other tribal gaming regulations. 

II)Comply with any and all reporting requirements under IGRA, the Compact to which the Tribe is a 

party and any other applicable law. 

Employ such persons as are necessary to carry out the duties of the Gaming Commission, including 

but not limited to gaming inspectors. 

Seize and impound any patron's winnings which the Commission may have reason to believe may 

have been won or obtained in violation of this article pending a civil forfeiture hearing on such seizure. 

Establish its own budget for operations in accordance with its bylaws, including a budget for the 

Director, and acquire such furnishings, equipment, supplies, stationery, booits, motor vehicles and other 

things as it may deem necessary or desirable in carrying out its functions and incur such other expenses 

within the limit of funds available to it as it may deem necessary. 

LpJ Perform such other duties the Commission deems appropriate for the proper regulation of the Tribal 

gaming operation. 

@The Commission shall have the authority to develop memoranda of understanding with law 

enforcement agencies to perform services reasonably necessary to assure compliance with this article. 

@OJ Although not required by the Indian Gaming Regulatory Act,Editor's Note: See 25 U.S.C. 9 2701 et 

seq. the Commission shall direct the Executive Director of the Tribal Gaming Commission to require all 

Commission staff to be licensed by the Commission pursuant to procedures in effect for such licensing in 

order to set an example for all licensees. 

J. Independence. The Tribe recognizes the importance of an independent Tribal Gaming Commission in 

maintaining a well-regulated gaming operation. The Commission shall act independently and 

autonomously from the Tribal Legislature in all matters within its purview. No prior or subsequent 

review by the Tribal Legislature of any actions of the Commission shall be required or permitted except 

as otherwise explicitly provided in this article. 

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- K. Prior notice of actions. In adopting, amending, and repealing regulations, the Commission shall give 

prior notice of the proposed action to all licensees and other persons whom the Commission or Director 

has reason to believe have a legitimate and bona fide interest in such proposed action. Said notice shall 

inform such persons as to the general nature of the proposed action and advise them as to the manner 

in which comments on said proposed action shall be received by the commission. In emergencies, the 

Commission may summarily adopt, amend or repeal any regulation if at the time the Commission 

determines such action is necessary for the immediate preservation of the public peace, health, safety, 

morals, and good order or general welfare, together with a statement of facts constituting the 

emergency; provided that the Commission shall schedule such emergency action for a regular hearing 

within 60 days after any such emergency meeting. The Commission shall set forth or cause to be set 

forth procedures for purposes stated herein. 

- L. Request for Commission action. Any person who is determined by the Commission or Director to be a 

bona fide interested party may file a petition in a manner and form approved by the Commission 

requesting the adoption, amendment or repeal of a regulation. Upon receipt of the petition, the 

Commission shall, within 30 working days, deny the request in writing or schedule the matter for action 

pursuant to this section. 

- M. Voting on licensing. Any Commission vote resulting in approving, disapproving, revolting, suspending, 

limiting or conditioning a license under this article shall be by ballot only. 

- N. Reconsideration. If an individual, within 10 working days of receiving written notice of a Commission 

determination, files written objections to that determination, the Commission shall hold a hearing to 

review its decision at the next scheduled meeting. At the hearing, the burden shall be on the applicant 

to show cause why the Commission's determination was incorrect. Following such hearing, the 

Commission shall, within 10 working days, reach a determination concerning: 

UThe accuracy of the preliminary certification of facts; 

QJ Whether the license in question should be granted, continued, suspended, revoked, conditioned or 

limited; and 

Whether or not any other action recommended to the Commission, including but not limited to 

forfeitures, should be taken. 

- 0. Right to appeal. Unless otherwise contractually agreed to, the subject shall have the right to appeal 

the determination of the Commission to the Tribal Court, in written form, on or before the 10th day 

following receipt of the written determination of the Commission. A determination of such appeal by 

the Court shall be made by the Court without a jury. The Court shall make its determination on the 

record provided, unless it deems further testimony or evidence necessary. In its review the Court shall 

not substitute its judgment for that of the Commission as to weight of the evidence on any disputed 

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finding of fact. Due weight shall be accorded the experience and specialized knowledge of the 

Commission as well as discretionary authority conferred on the Commission by this article. 

- P. Employment of Director. The Tribe shall employ a Director who shall be supervised by the Gaming 

Commission. The Gaming Commission shall hire the Director pursuant to the Tribe's Personnel Policies 

and Procedures (Ordinance No. 83-6).Editor's Note: The Personnel Policies and Procedures Manual is on 

file at the office of the Administrative Manager. 

QTermination of Director. Termination will be the decision of the Gaming Commission pursuant to the 

Tribe's Personnel Policies and Procedures (Ordinance 83-6). 

- R. Duties of Director. The Director shall, subject to the approval of the Commission, perform all duties, 

exercise all powers, assume and discharge ail responsibilities, and carry out and effect all purposes of 

this article relating to the regulation of all gaming activity. In all decisions, the Director shall act to 

promote and ensure integrity, security, honesty and fairness of the operation and administration of all 

gaming activity. It will be the responsibility of the Tribal Gaming Commission to develop and maintain 

job description(s) for the Director(s) positions in accordance with this article and subject to Ordinance 

No. 83-6, Personnel Policies and Procedures. 

- S. Right of inspection; enforcement. 

UThe Commission, the Director and their agents, inspectors, and employees have the authority to: 

lnspect and examine all premises wherein gaming is conducted or gambling devices or equipment is 

manufactured, sold or distributed. 

Inspect all equipment and supplies in, upon or about a gaming establishment orinspect any 

equipment or supplies, wherever located, which may or have been used in the gaming establishment. 

USummarily seize and remove from a gaming establishment (or whatever located) and impound such 

equipment or supplies for the purpose of examination, inspection, evidence or forfeiture. 

@J Demand access to and inspect, examine and audit all papers, books, and records of applicants and 

licensees respecting any income produced by any gaming business and require verification of income 

and all other matters affecting the enforcement of the policy of or any of the provisions of this code. 

@Seize and impound any patron's winnings which the Commission may have reason to believe may 

have been won or obtained in violation of this code pending a civil forfeiture hearing on such seizure. 

QJ For the purpose of administration and enforcement of this code, the Commission, the Director and 

their investigative personnel may, if deemed necessary by the Tribal Legislature, have the powers of the 

peace officer of the Menominee Indian Nation for purposes of this code only. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1, 2013 Amendments 

 commissioners and the Director shall each have full power and authority to issue subpoenas and 

compel the attendance of witnesses for hearing at any place within the Reservation, to administer oaths 

and to require testimony under oath. Any process or notice may be served in the manner provided for 

service of process and notices in civil actions. The Commission and the Director may pay such 

transportation and other expenses of witnesses as it may deem reasonable and proper. 

LConfidentiality. The Gaming Commission shall ensure that all records and information obtained as a 

result of an employee background investigation shall remain confidential and shall not be disclosed to 

persons who are not directly involved in the licensing process. Under no circumstances shall information 

obtained during the course of an employee background investigation be disclosed to members of 

management, human resources personnel or others employed by the Tribal gaming operation. This 

subsection does not apply to requests from or the furnishing of such information or records to any 

tribal, federal or state law enforcement, regulatory or judicial agency or to the use of such information 

or records by the Commission and staff in performance of their official duties. 

- U. Violations of code; punishment. Any violation of this code shall be punished by a fine of no more than 

$5,000 for each separate count or violation or one year in jail, or both. Each day of violation shall 

constitute a separate count or violation under this code. Aviolator may also be required to pay court 

costs, storage fees, and auction or sales fees. All property used or which may be used in activities in each 

and every separate violation of this code may become the property of the Tribe; persons may be 

prohibited from trespassing on premises licensed under this code, licenses may be suspended, revolted, 

or limited and/or establishments may be forcibly closed. All such action shall be taiten at the discretion 

of the Commission, subject to the right of appeal to the Tribal Court. Winnings found to have been 

received in violation of this code are forfeited and become the property of the Tribe. 

V. Due process regarding enforcement actions. The Commission shall promulgate regulations protecting 

due process rights of all individuals subject to this article. 

5 347-20. Licensing of games and personnel. 

- A. Mandatory license. Any person seeking to conduct, operate or manage any gaming activity on Indian 

lands, or any person seeking employment therefrom, shall apply for and receive all the required licenses 

and/or approvals from the Commission prior to engaging in such gaming activities in accordance with 

Section 347-36 of this Code. 

- B. For all other Gaming Employees who are not Primary Management Officials or Key Employee, the 

Commission shall adopt application forms appropriate to each job category. 

C. Criminal and background restrictions. No person may be employed as a Gaming Employee in the 

operation or conduct of gaming, and no gaming-related contractor shall employ any person in the 

course of petformance under the contract, if that person has been convicted of, or entered a plea of 

guilty or no contest to, any of the following, unless the person has been pardoned: 
Clean Chapter 347, Articles Ill and V incorporating May 2, 2013 and August 1, 2013 Amendments 

MA felony, other than a felony conviction for an offense under Subsection C(2), @J orMof this section 

during the immediately preceding 10 years; 

UAny gambling-related offense; 

@J Fraud or misrepresentation in any connection; or 

MA violation of any provisions of Ch. 562 or 565, Wis. Stats., a rule promulgated by the Lottery Board, 

Wisconsin Racing Board, Department of Administration or successor agency or a tribal ordinance 

regulating or prohibiting gaming. 

D. Licensing and regulation of Class II and Class Ill gaming activity; net revenue allocation; audits; 

contracts. 

mA separate license issued by the Commission shall be required for each place, facility, or location on 

lndian lands within the Tribe's jurisdiction at which any Class II or Class Ill gaming activity is conducted. 

UThe Commission may license and regulate a tribal-owned Class Ill gaming activity if: 

@Such gaming activity is located on lndian lands within the Tribe's jurisdiction and the Menominee 

lndian Tribe of Wisconsin and State of Wisconsin Gaming Compact permits such gaming (and such 

gaming is not otherwise specifically prohibited on lndian lands by federal laws); 

Except as provided in 5347-21, the Tribe will have the sole proprietary interest and responsibility for 

the conduct of such gaming activity; 

Net revenues from such gaming activity are used in accordance with 5 347-198 of this code; 

MSuch gaming activity is subject to annual outside audits, which may be encompassed within existing 

independent, tribal audit systems and provided to the Legislature; 

&All contracts for supplies, services, or concessions for any aggregate amount in excess of $25,000 

annually relating to such gaming are also subject to independent audits; 

MThe construction and maintenance of the gaming facility and the operation of that gaming are 

conducted in a manner which adequately protects the environment and the public's health and safety; 

and 

@All primary management officials and ltey employees of the Class Ill gaming operation have 

successfully passed a background investigation and have obtained licenses from the Commission. 

- E. License fees. The Tribe may charge a license fee, to be set by the Tribal Gaming Commission, to cover 

the expenses in investigating and licensing ltey employees and primary management officials of the 

gaming operation. 

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F. Temporary employnient licenses. The Commission may issue a temporary employment license to any 

person or entity applyingfor a license to work in a licensed gaming establishment which shall be valid 

pending the background investigation of the applicant, but in no event longer than ninety (90) days. 

G. Parameters of licenses. 

&Acceptance of a gaming license or renewal on the part of the licensee shall constitute the licensee's 

agreement to be bound by all of the regulations and conditions of the Director or Commission and by 

the provisions of this code, as the same are now or may hereafter be amended or promulgated, and to 

cooperate fully with the Director and Commission. It is the responsibility of the licensee to lkeep 

informed of the contents of such regulations, amendments, provisions and conditions, and ignorance 

thereof will not excuse violations. 

QJ The licensee shall advise the Director within five business days of being notified that he or she has 

been charged with any criminal offense (misdemeanor or felony), other than minor traffic violations. 

The licensee shall lteep the Director advised of the status of the matter, including any disposition of any 

other related written documents the Director may request. 

Persons subject to this Subsection G shall be periodically reviewed (at least every two years) to 

determine whether they continue to meet the requirements and limitations of this Subsection G. 

j41 In view of the less stringent background investigations contemplated for Gaming Employees who are 

neither primary management officials nor ltey employees, licenses for such employees may be limited to 

the job category for which employed or to non-primary management or ltey employee positions. Should 

such employee subsequently obtain employment as a primary management official or key employee, he 

or she shall apply for a license which is not so limited. 

- K. Licensing of distributors. The Commission may authorize, require and issue such annual licenses as 

the Commission by regulation may provide to any person or entity to engage in the selling, distributing, 

or otherwise supplying of gambling equipment or paraphernalia for use in connection with licensed 

gaming activity. 

9 347-21. Mana~ement contracts. 

- A. Commission approval required. 

UAny management contract entered into by the Tribe for the operation and management of a gaming 

activity must be submitted to the Commission for approval, but before approving such contract the 

Commission shall require and obtain the following information: 

MThe name, address and other additional pertinent background information on each person or entity 

(including persons comprising such entity) having direct or indirect financial interest in, or management 

responsibility for, such agreement. 

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Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

A description of any previous experience that each person listed pursuant to Subsection has 

had with other gaming contracts with lndian Tribes or with the gaming industry generally, including 

specifically the name and address of any licensing or regulatory agency with which such person has had 

a contract relating to gaming. 

MAny further or additional information as may be required under the Tribal/State Compact entered 

into between the Tribe and the state. 

MAny further additional information as may be required pursuant to IGRA, including all information 

required to be submitted to the National lndian Gaming Commission pursuant to 25 CFR 533.3(d). 

1Z1 Any person listed pursuant to Subsection shall be required to respond to such written or oral 

questions that the Commission may propound in accordance with its responsibilities under this 

SubsectionA. 

& For purposes of this article, any reference to the management contract described in Subsection AJJ 

shall be considered to include all collateral agreements to such contract that relate to the gaming 

activity. 

&After the Commission has given its approval of a management contract, the Commission shall submit 

such contract to the National lndian Gaming Commission for its approval. The Commission may, in its 

discretion, allow a management contract to be submitted to the National lndian Gaming Commission 

pending approval by the Commission. Any management contract shall be void until the Commission and 

the National lndian Gaming Commission have approved it. 

- B. Approval of management contracts. Commission action on management contracts and the rights of 

management contractors regarding such action are governed by 5 347-19 of this article. The 

Commission may approve any management contract entered into by the Tribe pursuant to this section 

only if it determines that such contract provides at least for: 

UAdequate accounting procedures that are maintained and verifiable financial reports that are 

prepared by or for the Legislature on a monthly basis; 

UAccess to the daily operations of the gaming by appropriate tribal officials, who shall also have a right 

to verify the daily gross revenues and income made from any such tribal gaming activity; 

&A minimum guaranteed payment to the Tribe that has preference over the retirement of 

development and construction costs; 

& An agreed ceiling for repayment of development construction costs; 

MA contract term not to exceed five years, except that, upon the request of the Tribe, the Commission 

may authorize a contract term that exceeds five years but does not exceed seven years if the 
Clean Chapter 347, Articles Ill and V incorporating May 2, 2013 and August 1, 2013 Amendments 

Commission is satisfied that the capital investment required, and the income projections, for the 

particular gaming activity require additional time; 

Grounds and mechanisms for terminating such contract, but actual contract termination shall not 

require the approval of the National Indian Gaming Commission; and 

Preference to tribal members and nonmember Indians in hiring of employees for the gaming 

establishment. 

- C. Percentage of net revenue fees. 

MA management contract providing for a fee based upon a percentage of the net revenues of a tribal 

gaming activity may be approved by the Commission if such percentage fee is reasonable in light of 

surrounding circumstances. Except as provided in Subsection C(2). such fee shall not exceed 30% of the 

net revenues. 

QJ Upon request of the Legislature, the Commission may approve a management contract providing for 

a fee upon a percentage of the net revenues of a tribal gaming activity that exceeds 30% but not 40% of 

the net revenues if the Commission and Legislature are satisfied that the capital investment required 

and income projectionsfor such tribal gaming activity require the additional fee. 

- D. Contract disapproval. The Commission shall not approve any contract if it determines that: 

(lJ Any person listed pursuant to Subsection A(l)(a): 

Is an elected member of the Legislature; 

Has been or subsequently is convicted of any felony or gaming offense; 

Has knowingly and willfully provided materially important false statements of information to the 

Commission or the tribal officials who negotiate such contracts or has refused to respond to questions 

propounded pursuant to Subsection i3; or 

Has been determined to be a person whose prior activities, criminal record, if any, or reputation, 

habits, and associations pose a threat to the public interest or to the effective regulation and control of 

gaming or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, and 

activities in the conduct of gaming or the carrying on of the business and financial arrangements 

incidental thereto; 

UThe management contractor has or has attempted unduly to interfere or to influence for its gain or 

advantage any decision or process of tribal government relating to gaming activity; or 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

MThe management contractor has deliberately or substantially failed to comply with the terms of this 

management contract or the provisions of this code or any regulations adopted pursuant to this code or 

the Indian Gaming Regulatory Act.Editor's Note: See 25 U.S.C. 5 2701 etseq. 

- E. Modifying or voiding contract. The Commission, after notice and hearing, shall have the authority to 

require appropriate contract modifications or may void any contract if it subsequently determines that 

any of the provisions of this section have been violated. If the Tribe elects to contractually agree to 

resolve disputes in a manner other than the revocation of a license, such contractual agreement shall 

supersede any conflicting provisions of this section, so long as the agreement provides a reasonable 

avenue for the Tribe to ensure a licensee's compliance with all other aspects of this Gaming Code. 

- F. Changes in ownership interest. Any transfer of an ownership interest in a management contract 

subsequent to approval of such contract by the Commission requires Commission approval under this 

section and is void until and unless so approved. The management contractor shall provide the 

information required under Subsection AJl and @J as to such transfer. 

- G. Conveying interest in land. No management contract for the operation of a gaming activity regulated 

by this article shall transfer or in any other manner convey any interest in land or other real property, 

unless specific applicable statutory authority exists and unless clearly specified in writing in said 

contract. 

- H. Fee for investigation cost. The Commission shall require a potential contractor to pay a fee to cover 

the actual cost of the investigation necessary to reach a determination required by this section. 

5 347-22. Auditing and internal control. 

A. Minimum procedures for control of internal fiscal affairs; Minimum Internal Control Standards. The 

Tribe acltnowledges its obligation to adopt and implement Minimum Internal Control Standards (MICS) 

for the operation of its tribal gaming operation no less stringent than those found in the regulations of 

the NIGC at 25 CFR 542 and the TribalIState Gaming Compact. The Tribe's MICS shall be set out in 

separate regulations to be reviewed and approved by the Tribal Gaming Commission. 

- B. Commission oversight of internal fiscal affairs. The Commission shall, by regulation, require audits to 

be conducted no less frequently than annually of the financial statements of all gaming operations. Such 

audits must: 

Be made by independent certified public accountants holding a permit issued by the State of 

Wisconsin to practice public accounting; 

Include an opinion that the financial statement fairly and accurately presents the financial condition 

of the gaming operation in accordance with generally accepted accounting principals (GAAP) and in 

accordance with the standards of the accounting profession established by rules and regulations of the 

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Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1, 2013 Amendments 

Accounting Examining Board of the State of Wisconsin and the American Institute of Certified Public 

Accountants;Editorfs Note: Amended at time of adoption of Code (see Ch.& Generol Provisions, Art. 11). 

Disclose whether the accounts, records, and control procedures maintained by the gaming operation 

are as required by the regulations promulgated by the Commission; and 

Provide for a preliminary review of the internal control structure, upon adoption of the policies and 

procedures by the entity, to disclose any deviation from prescribed rules and regulations and report 

such findings to the Commission and management. 

- C. Commission's right to conduct audit. The Commission shall be able to retain its own appointed 

accountants or direct an accountant employed by the Tribe to conduct its own audit of any gaming 

operation. 

5 347-23. Exclusion or ejection of individuals. 

- A. List of undesirables. The Commission may, by regulation, provide for the establishment of a list of 

persons who are to be excluded or ejected from any duly licensed gaming operation. The list may 

include any person whose presence in the gaming establishment is determined by the Commission to 

pose a threat to the interests of the Tribe, the State of Wisconsin, or to licensed gaming. Race, color, 

creed, national origin or ancestry or sex must not be grounds for placing the name of a person on the 

list. 

- B. Notice and opportunity to be heard. The Commission shall promulgate regulations providing fair 

notice and opportunity to be heard to any individual whose name is on the list referred to in Subsection 

A. Such regulations must provide the person an opportunity to show cause why his or her name should 

be removed from the list. The individual may appeal any decision of the Commission to Tribal Court, 

pursuant to 5 347-190. 

- C. Prohibition against listed individuals. It shall be a violation of this article for any licensee to ltnowingly 

fail to exclude or eject from the gaming establishment any persons placed on the list referred to in 

Subsection A. It shall be a violation of this article for any person whose name appears on the list 

referred to in Subsection Ato enter into or engage in any game at a duly licensed gaming establishment. 

- D. Prohibition against certain individuals. It shall be a violation of this article for any licensee to 

knowingly fail to exclude or eject from the gaming establishment any individual who: 

Is visibly under the influence of liquor or any narcotic or such other substance; or 

QJ Is under the age requirement for lawful gaming per the TribalIState Compact. 

3 347-24. Amendments. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

All provisions of this article are subject to amendment by the Menominee Tribal Legislature. All 

regulations promulgated by the Commission are subject to proper revision, repeal or amendment by the 

Commission. 

9347-24.5 Applicability of Article to Non-Gamina Activity 

Notwithstanding any other provision of Chapter 347, the Menominee Tribal Gaming Commission shall 

have no power or authority to regulate Non-Gaming Activity or Non-Gaming Employees, nor any 

responsibility for Non-Gaming Activity or Non-Gaming Employees. Any regulation, internal control, or 

other rule of the Menominee Tribal Gaming Commission promulgated and in place at the time of this 

Amendment related to Non-Gaming Activity or Non-Gaming Employees shall be null and void and of no 

effect as of the implementation date of this Amendment. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

ARTICLE V. Authorization of Gaming 

5 347-30. Purpose. 

5 347-31. Gaming authorized. 

5 347-32. Ownership of gaming. 

5 347-33. Use of gaming revenue. 

5 347-34. Audit. 

§ 347-35. Protection of the environment and public health and safety. 

5 347-36. Licenses for key employees and primary management officials. 

5 347-37. Separate license for each gaming facility. 

[Adopted 1-22-2008 by Ord. No. 07-39] 

5 347-30. Purpose. 

The Menominee Tribal Legislature, empowered by the Tribe's Constitution to enact ordinances, hereby 

enacts this article in order to set the terms for Class II and Class Ill gaming operations on tribal lands 

pursuant to the requirement of the Indian Gaming Regulatory Act.Editor's Note: See 25 U.S.C. 5 2701 et 

seq. 

5 347-31. Gaming authorized. 

Class II and Class Ill gaming are hereby authorized. 

5 347-32. Ownership of gaming. 

The Tribe shall have the sole propriety interest in any gaming operation authorized by this article, and all 

gaming operations shall be conducted by the Tribe acting through its designated agents, by an 

enterprise established and owned by the Tribe for the conduct of gaming, or by the Tribe or its 

enterprises' management contractor. 

5 347-33. Use of gaming revenue. 

- A. Net revenues from Class II and Class Ill gaming shall be used only for the following purposes: 

UTo fund tribal government operations and programs; 

BTo provide the general welfare of the Tribe and its members; 

LZ)To promote tribal economic development; 

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Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1, 2013 Amendments 

&To donate to charitable organizations; or 

&To help fund operations of local government agencies. 

- B. If the Tribe elects to male per capita payments to tribal members, it shall authorize such payments 

only upon approval of a plan submitted to the Secretary of Interior under 25 U.S.C. 5 2710(b)(3). 

5 347-34. Audit. 

The Tribe shall cause to be conducted annually an independent audit of gaming operations and shall 

submit the resulting audit reports to the National Indian Gaming Commission. All gaming-related 

contracts that result in the purchase of supplies, services, or concessions in excess of $25,000 annually, 

except contracts for professional legal and accounting services, shall be specifically within the scope of 

the audit. 

5 347-35. Protection of the environment and public health and safetv. 

Class II and Class Ill gamingfacilities shall be constructed, maintained and operated in a manner that 

adequately protects the environment and the public health and safety. 

5 347-36. Licenses for kev emplovees and primary management officials. 

The Tribe shall ensure that the policies and procedures set out in this section are implemented with 

respect to key employees and primary management officials employed at any Class II and Class Ill 

gaming enterprise operated on Indian lands. 

- A. Definitions. For the purpose of this section, the following definitions apply: 

KEY EMPLOYEE 

MA person who performs one or more of the following functions: 

Bingo caller; 

Counting room supervisor; 

Chief of security; 

MCustodian of gaming supplies or cash; 

Floor manager/casino shift manager; 

Pit boss; 

.@Dealer; 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

Croupier; 

Approver of credit; or 

Custodian of gambling devices, including persons with access to cash and account records within such 

devices; 

u If not otherwise included, any other person whose total cash compensation is in excess of $50,000 

per year; or 

a If not otherwise included, the four most highly compensated persons in the gaming operation, 

PRIMARY MANAGEMENT OFFICIAL 

m The person having management responsibility for a management contract; 

u Any person who has authority to: 

Hire and fire employees; or 

MSet up working policy for the gaming operations; or 

&The chief financial office or other person who has financial management responsibility. 

- €3. Application forms. 

UThe following notice shall be placed on the application form for a key employee or a primary 

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

In compliance with the Privacy Act of 1974, the following information is 

provided: Solicitation of the information on this form is authorized by 25 U.S.C. 

metseq. The purpose of the requested information is to determine the 

eligibility of individuals to be granted a gaming license. The information will be 

used by the Tribal gaming regulatory authorities and by the National Indian 

Gaming Commission (NIGC) members and staff who have need for the 

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

disclosed by the Tribe or the NlGC to appropriate Federal, Tribal, State, local, or 

foreign law enforcement and regulatory agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when pursuant to a requirement 

by a tribe or the NlGC in connection with the issuance, denial, or revocation of a 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

gaming license, or investigations of activities while associated with a tribe or a 

gaming operation. Failure to consent to the disclosures indicated in this notice 

will result in a tribe's being unable to license you for a primary management 

official or ltey employee position. The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply a SSN may result in errors in 

processing your application. 

a Existing ltey employees and primary management officials shall be notified in writing that they shall 

either: 

&Complete a new application form that contains a Privacy Act notice; or 

u Sign a statement that contains the Privacy Act notice and consent to the routine uses described in 

that notice. 

The following notice shall be placed on the application form for a key employee or a primary 

management official before the form is filled out by an applicant: "A false statement on any part of your 

license application may be grounds for denying a license or the suspension or revocation of a license. 

Also, you may be punished by fine or imprisonment (U.S. Code, title 18, section 1001). 

UThe Tribe shall notify in writing existing ltey employees and primary management officials that they 

shall either: 

& Complete a new application form that contains a notice regarding false statements; or 

u Sign a statement that contains the notice regarding false statements. 

- C. Background investigations. 

MThe Tribe shall request from each primary management official and from each ltey employee all of 

the following information: 

& Full name, other names used (oral or written), social security number(s), birth date, place of birth, 

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

u Currently and for the previous five years: business and employment positions held, ownership 

interests in those businesses, business and residence addresses, and driver's license numbers; 

UThe names and current addresses of at least three personal references, including one personal 

reference who was acquainted with the applicant during each period of residence listed under 

Subsection of this section; 

Current business and residence telephone numbers; 

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Clean Chapter 347, Articles Ill and V incorporating May 2, 2013 and August 1, 2013 Amendments 

MA description of any existing and previous business relationships with Indian tribes, including 

ownership interests in those businesses; 

IflA description of any existing and previous business relationships with the gaming industry generally, 

including ownership interests in those businesses; 

@The name and address of any licensingor regulatory agency with which the person has filed an 

application for a license or permit related to gaming, whether or not such license or permit was granted; 

For each felony for which there is an ongoing prosecution or a conviction, the charge, the name and 

address of the court involved, and the date and disposition, if any; 

For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic 

violations) within 10 years of the date of the application, the name and address of the court involved 

and the date and disposition; 

For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, if such 

criminal charge is within 10 years of the date of the application and is not otherwise listed pursuant to 

Subsection wor aof this section, the criminal charge, the name and address of the court involved 

and the date and disposition; 

MThe name and address of any licensing or regulatory agency with which the person has filed an 

application for an occupational license or permit, whether or not such license or permit was granted; 

A current photograph; 

MAny other information the Tribe deems relevant; and 

Fingerprints consistent with procedures adopted by the Tribe according to 25 CFR 522.2(h). 

(0) If, in the course of a background investigation, the Tribe discovers that the applicant has a notice of 

results on file with the NlGC from a prior investigation and the Tribe has access to the earlier 

investigative materials (either through the NlGC or the previous tribal investigative body), theTribe may 

rely on those materials and update the investigation and investigative report under 5 556.6(b)(l). 

(p) In conducting a bacltground investigation, the Tribe or its agents shall lteep confidential the identity 

of each person interviewed in thecourse of the investigation. 

UThe Tribe shall conduct an investigation sufficient to make a determination under Subsection 

below. In conducting a background investigation, the Tribe or its agent shall promise to keep 

confidential the identity of each person interviewed in the courts of the investigation. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

- D. Eligibility determination. TheTribe shall review a person's prior activities, criminal record, if any, and 

reputation, habits and associates to malte a finding concerning the eligibility of a key employee or 

primary management official for employment in a gaming operation. If the authorized tribal official, in 

applying the standards adopted in this Ordinance, determines that the licensing of the person poses a 

threat to the public interest or to the effective regulation of gaming or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, an 

authorizing tribal official shall not license that person in a ltey employee or primary management official 

position. 

E. Report to the National lndian Gaming Commission. All reports required to be made to the National 

lndian Gaming Commission shall be made through the appropriate Regional office. Should the Tribe 

wish to submit notices electronically, it shall contact the appropriate Regional Office for guidance on 

acceptable document formats and means of transmission. 

(1) When the Tribe employs a primary management official or a ltey employee, the tribe shall maintain 

a complete application file containing the information listed under 5 347.3G.C(1) (a) through (n). 

(2) Before issuing a license to a primary management official or to a ltey employee, the tribe shall: 

(a) Create and maintain an investigative report on each bacltground investigation. An investigative 

report shall include all of the following: 

[I] Steps talten in conducting a bacltground investigation; 

[2] Results obtained; 

[3] Conclusions reached; and 

[4] The basis for those conclusions. 

(b) Submit a notice of results of the applicant's bacltground investigation to the National lndian Gaming 

Commission no later than sixty (GO) days after the applicant begins work. The notice of results shall 

contain: 

[I] Applicant's name, date of birth, and social security number; 

[2] Date on which applicant began or will begin work as ltey employee or primary management 

official: 

[3] A summary of the information presented in the investigative report, which shall at a 

minimum include a listing of: 

[a] Licenses that have previously been denied; 

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Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

[b] Gaming licenses that have been revolted, even if subsequently reinstated; 

[c] Every known criminal charge brought against the applicant within the last 10 years of the date of 

application; and 

[dl Every felony of which the applicant has been convicted or any ongoing prosecution. 

[el A copy of the eligibility determination made under 5347.36.D. 

F. Granting a gaming license. 

L?;l If, within a thirty-day period after the National lndian Gaming Commission receives a report, the 

National lndian Gaming Commission notifies the Tribe that it has no objection to the issuance of a 

license pursuant to a license application filed by a ltey employee or a primary management official for 

whom the Tribe has provided an application and investigative report to the National lndian Gaming 

Commission, the Tribe may issue a license to such applicant. 

UThe Tribe shall respond to a request for additional information from the Chairperson of the National 

lndian Gaming Commission concerning a key employee or a primary management official who is subject 

of a report. Such a request shall suspend the thirty-day period under Subsection FJJ of this section until 

the Chairperson of the National lndian Gaming Commission receives the additional information. 

If, within the thirty-day period described above, the National lndian Gaming Commission provides 

theTribe with a statement itemizing objections to the issuance of a license to a ltey employee or to a 

primary management official for whom the Tribe has provided an application and investigative report to 

the Na.tional lndian Gaming Commission, theTribe shall reconsider the application, taking into account 

the objections itemized by the National lndian Gaming Commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

(4) Within 30 days after the issuance of the license, a tribe shall notify the National lndian Gaming 

Commission of its issuance. 

(5) The gaming operation shall not employ a ltey employee or primary management official who does 

not have a license after ninety (90) days. 

(6) If the tribe does not license an applicant- 

(a) The tribe shall notify the National lndian Gaming Commission; and 

(b) Shall forward copies of its eligibility determination and notice of results, under 5347.36.E of this 

chapter, to the Commission for inclusion in the lndian Gaming Individuals Record System. 
Clean Chapter 347, Articles Ill and V incorporating May 2,2013 and August 1,2013 Amendments 

(7) A tribe shall retain the following for inspection by the Chair or his or her designee for no less than 

three yearsfrom the date of termination of employment: 

(a) Applications for licensing; 

(b) Investigative reports; and 

(c) Eligibility determinations. 

G. License suspension. 

If, after the issuance of a gaming license, the Tribe receives from the National lndian Gaming 

Commission reliable information indicating that a key employee or a primary management official is not 

eligible for employment under Subsection Dabove, the Tribe shall suspend such license and shall notify 

in writing the licensee of the suspension and the proposed revocation. 

U The Tribe shall notify the licensee of a time and a place for a hearing on the proposed revocation of a 

license. 

& After a revocation hearing, a tribe shall decide to revoke or to reinstate a gaming license. A tribe 

shall notify the National lndian Gaming Commission of its decision within 45 days of receiving 

notification from the National lndian Gaming Commission pursuant to paragraph (1) of this subsection. 

g 347-37. SeDarate license for each aamina facilitv. 

The Tribe shall issue a separate license to each place, facility, or location on lndian lands where Class II 

and Class Ill gaming is conducted under this article.