VIA TELEFAX AND FIRST CLASS MAIL 

Alton D. LeBlanc, Jr., Chairman 

Chitimacha Tribe of Louisiana 

155 Chitimacha Loop, P.O. Box 661 

Charenton, LA 70523 

Re: Approval of Chitimacha Tribe of Louisiana Amended Gaming Ordinance 

Pursuant to Tribal Council Ordinance # 1-02 

Dear Chairman LeBlanc: 

This letter responds to the request by attorney Robert J. Carroll to the National Indian 

Gaming Commission (NIGC) for the review and approval of amendments to the 

Chitimacha Tribe of Louisiana Gaming Ordinance, which was originally approved on 

September 24, 1993. The amendments were adopted pursuant to Tribal Council 

Ordinance # 1-02, passed February 21, 2002, and received by the NIGC on March 5, 

2002. At our request, Mr. Carroll graciously submitted additional materials 

concerning background checks and identification of agent for service of process. 

This letter constitutes approval of your submission under the Indian Gaming Regulatory 

Act (IGRA). Such approval does not constitute approval of specific games. It is 

important to note that the gaming ordinance is approved for gaming only on Indian lands 

as defined in the IGRA, over which the Chitirnacha Tribe exercises jurisdiction. 

Thank you for submitting the amendments for review and approval. The MGC staff and 

I look forward to continuing to work with you and the Tribe to implement the IGRA. If 

you have any questions or require further assistance, please contact Sandra Ashton at 

202-632-7003. 

Sincerely yours, 

Montie R. Deer 

Chairman 

cc: Robert J. Carroll, Esq. 

BIA Eastern Area Ofice 

NATIONAL HEADQUARTERS 1441 L Street MII, Suite 91 00, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGCGOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St Paul, MN; Tulsa, OK 
TRIBE OF LOUISIANA 

CHITIlMACHA TRIBAL COUNCIL 

ORDINANCE # 1-02 

WHEREAS, the Chitimacha Tribe of Louisiana is a Native American Indian Tribe organized 

under the Indian Reorganization Act of 1934; and 

WHEREAS, the Chitimacha Tribe is a sovereign Indian Nation and recognized as such by 

the United States of America; and 

WHEREAS, the Chitimacha Tribal Council is the duly elected governing body of the Tribe, as 

authorized by Article V, Section 1 of the Constitution and Bylaws adopted by the People 

of the Chitimacha Tribe and approved by the Secretary of the Interior; and 

WHEREAS, the'l'ribal Council, as the governing body of the Chitimacha Tribe, has the authority and 

responsibility of providing for the health, education, welfare and safety of the 

Chitimacha People; and 

WHEREAS, on September 24, 1993, the Gaming Ordinance of the Chitimacha Tribe was approved 

by the National Indian Gaming Commission ("KIGC") and became effective on that 

date; and 

WHEREAS, the Chitimacha Tribe entered into negotiations with the State of Louisiana for the 

amendment and extension of its Gaming Compact, the amendments to which would, 

when approved, effect the terms and conditions of the Gaming Ordinance; and 

WHEREAS, effective July 13, 2001, in order to insure that the Gaming Ordinance remained 

in conformity to any amendment to the Compact, the Tribal Council adopted Section '704 

which incorporated, by reference, any varying terms and conditions from the renegotiated Compact and requirement that the Council "promptly thereafter amend" the 

Gaming Ordinance to conform it to the then-effective Compact terms; and 

WHEREAS, the amended and extended Gaming Compact between the Chitimacha Tribe and 

the State of Louisiana became effective upon publication in the Federal Register on April 

20, 2001; and 

WHEREAS, the Chitimacha Tribe of Louisiana, in compliance with the pertinent provisions 

of the Indian Gaming Regulatory Act ("IGRA") and in accordance with Section 704, was 

desirous of adopting an amended Gaming Ordinance; and 

WHEREAS, the Chitimacha Tribal Council, via Ordinance # 2-01, authorized the Tribal Chairman 

to prepare and submit to the NIGC all documents and materials necessary to effectuate 

the approval of the Chairman of the NIGC of certain modifications to the existing Tribal 

155 Chitirnacha Loop P. 0. box 661 Charenton, LA 70523 (337) 923-7215 FAX (337) 923-9914 
ORDINANCE #1-02 

PAGE TWO 

Gaming Ordinance; and 

WHEREAS, said amended Gaming Ordinance was submitted to the NIGC, and after review of same, 

the NIGC made general recommendations for language changes which, in the NIGC's 

view, corrected deficiencies and best ensured conformity with applicable federal laws 

and regulations; and 

WHEREAS, the Chitimacha Tribe, through its Legal Counsel, has made certain language 

adjustments to the amended Gaming Ordinance to comply with the NIGC's 

recommendations (as depicted in the attached exhibit); and 

WHEREAS, on December 20, 2001, the NIGC informally advised that the amended language 

prepared by the Tribe's legal counsel and addressing that agency's concern was 

acceptable; and 

WHEREAS, the Chitimacha Tribe is desirous of effectuating and implementing the proposed 

amended Gaming Ordinance, inclusive of the NIGC's recommended revisions; and 

WHEREAS, in accordance with the "Procedural Guidelines for Implementation of Ordinances 

and Revisions", the proposed revisions were published before the Chitimacha People 

with no adverse comments being received. 

THEREFORE BE IT RESOLVED, that the Chitimacha Tribal Council does hereby authorize 

its Tribal Chairman to prepare and submit to the National Indian Gaming Commission all documents 

and materials necessary to effectuate the approval of the Chairman of the National Indian Gaming 

Commission of certain modifications to the existing Gaming Ordinance (as depicted in the attached 

exhibit), inclusive of those recommendations of the National Indian Gaming Commission. 

CERTIFICATION 

I the undersigned, as Secretary-Treasurer of the Chitimacha Tribal Council, certify that the Tribal 

Council is composed of 5 members of whom 5 were present at a regular meeting, called, convened 

and held this 21'' day of February, 2002, and that the foregoing ordinance was duly adopted at such 

meeting by the affirmative vote of 4 members for, 0 members against, and 0 members 

abstaining; pursuant to the authority contained under Article VII, Section 1 of our Tribal Constitution 

and Bylaws approved January 14, 1971. 

ATTEST: APPROVED: 
TITLE XI1 - GAMING ORDINANCE 

Licensing and Regulation of Bingo and Other Games of Chance 

(Revised by Ordinance 1: 4-90; Adopted: November 7,1990; Effective: February 3,1993) 

CHAPTER 1. FINDINGS 

(Revised by Ordinance 4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 101. The Tribal Council finds: 

(A) That operation of bingo and other games of chance by the Tribe is a valid means of 

promoting tribal economic development and the health and welfare of tribal members; and 

(B) That under the principles established by the United States Supreme Court in California 

v. Cabazon Band of Mission Indians. 480 U.S. 202 (1987), Indian tribes have the exclusive right to 

regulate gaming activity on Indian lands if the activity is not specifically prohibited by federal law and 

is conducted within a state which does not criminally prohlbit the activity; and 

(C) That the United States Congress has recently enacted Public Law 100-49'7, codified at 25 

U.S.C. 2701 et seq., commonly known as the Indian Gaming Regulatory Act (IGRA) authorizing certain 

types of Class I1 and Class I11 gaming activities as defined in that Act on lands withln the jurisdiction 

of the Tribe; and 

(D) That the terms of the Compact governing Class I11 gaming activities on lands within the 

jurisdiction of the Tribe have been established in accordance with the provisions of the Indian Gaming 

Regulatory Act; and 

(E) That the Tribal Council is the duly constituted governing body of the Tribe, and is 

empowered by the Constitution and Tribal by-laws to enact this Tribal gaming ordinance; and 

(F) That Tribal regulation of gaming activity on the Reservation is vital to the protection of 

Reservation lands and the interests of the Tribe and its members. 

(Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93;Adopted: May 

10, 1993; Effective: September 24, 1993) 

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Title XI1 

Page 1 
CHAPTER 2. DEFINITIONS 

(Revised by Ordinance tt 4-90; Adopted: November 7,1990; Effective: February 3,1993) 

As used in thls ordinance, the following terms shall mean: 

Sec. 201. Act. 

The Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq. 

(Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93;Adopted: May 

10, 1993; Effective: September 24,1993) 

Sec. 202. Appurtenant Parking; Facilities. 

All parking lots, parking areas, bus loading and unloading areas and access roads established 

to facilitate patron transportation and parking at the gaming facility. 

(Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3, 1993; Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 203. Class I Gaming;. 

(A) Social games played solely for prizes of minimal value. 

(B) Traditional forms of Indian gaming engaged in as part of tribal ceremonies, celebrations, 

or powwows. 

(Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: .May 

10,1993; Effective: Septctmber 24,1993) 

Sec. 204. Class I1 Gaming. 

Class I1 gaming as defined in accordance with the Act at 25 U.S.C. 2703(7)(A) including, but 

not limited to: 

(A) Bingo or Lotto (whether or not electronic, computer, or other technologic aids are used in 

connection therewith) when players: 

(1) Play for prizes with cards bearing numbers or other designations: 

(2) Cover numbers or designations when objects, similarly numbered or designated, 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 2 
are drawn or electronically determined; and 

(3) Win the game by being the first person to cover a designated pattern on such cards 

(B) If played at the same location as Bingo or Lotto, Pull Tabs, Punch Boards, Tip Jars, 

Instant Bingo, and other games similar to Bingo. 

(C) Non banking card games that: 

(1) State law explicitly authorizes, or does not explicitly prohibit, and are played 

legally anywhere in the State; and 

(2) Players play in conformity with State laws and regulations concerning hours, 

periods of operation, and limitations on wagers and pot sizes. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: may 

10,1993; Revised by Ordinance #ll-93;Adopted: September 14,1993; Effective: September 24,1993) 

Sec. 205. Class I11 Gaming. 

All forms of gaming that are not Class I or Class I1 gaming, as defined in accordance with the 

Act at 25 U.S.C. 2703(8) including, but not limited to: 

(A) Any house banking game, including, but not limited to: 

(1) Card games such as baccarat, chemin de fer, blackjack (21) and pai gow; and 

(2) Casino games such as roulette, craps and keno. 

(B) Any slot machines defined in 15 U.S.C. 1171(a)(l) and electronic or electromechanical 

facsimiles of any game of chance. 

(C) Any sports betting or parimutuel wagering on horse racing, dog racing or jai alai. 

(D) Lotteries. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance# 9-93; Adopted: May 

10,1993; Revised by Ordinance # 11-93; Adopted: September 14,1993; Effective: September 24,1993) 

Sec. 206. Compact. 

The Tribal-State Compact for the Conduct of Class I11 Gaming between the Chitimacha Tribe 

of Louisiana and the State of Louisiana signed on February 15, 1993. 

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Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 3 
(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance # 9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 207. Gamine; Premises. 

Any room or rooms in whch Class I1 or Class I11 gaming is conducted on the Reservation 

including contiguous patron food, beverage and service facilities. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3, 1993;Revised by Ordinance #9-93,Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 208. Gross Revenues. 

(A) For the purposes of Chapter 4 of this Ordinance, the total amount of money wagered on 

all Class I1 games, authorized by and conducted pursuant to Chapter 4 of this Ordinance. 

(B) For purposes of Chapter 5 of this Ordinance, the total amount of all money wagered on 

all Class I11 games authorized by and conducted pursuant to Chapter 5 of this Ordinance. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 209. Immediate Family. 

Parent, spouse and children residing in the immediate household. 

(Added by Ordinance #4.90; Adopted: November 7,1990, Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 23,1993) 

Sec. 210. Manager. 

The party entering into a management agreement with the Tribe for the conduct of Class I1 

or Class I11 gaming in accordance with this Ordinance. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 211. National Indian Gamine; Commission. 

The National Indian Gaming Commission established pursuant to 25 U.S.C. 2704. 

(Added by Ordinance # 9-93; Adopted: May 10,1993; Effective: September 24,1993) 

EzE+xmi-- .,.-*. .. 'mChitimacha Comprehensive Codes of Justice 

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Title XI1 

Page 4 
Sec. 212. Net Revenues. 

(A) For purposes of Chapter 4 of this Ordinance, gross revenues of Class I1 gaming activity 

less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees, 

attributable in accordance with generally accepted casino accounting principles of the American 

Institute of Certified Public Accountants to the operation of Class I1 gaming activity. 

(B) For purposes of Chapter 5 of this Ordinance, gross revenues of Class 111 gaming activity 

less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees, 

attributable in accordance with generally accepted casino accounting principles of the American 

Institute of Certified Public Accountants to the operation of Class I11 gaming activity. 

(Added by Ord~nance #9.93, Adopted: May 10,1993; Effective: September 24,1993) 

(Original Sec. 213Added by Ordinance#9-93; Adopted: May 10,1993; Omitted by Ordinance# 15-93; Adopted: September 30,1993; 

Effective: September 24,1993) 

Sec. 213. Reservation. 

The Chitimacha Indian Reservation. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: 

September 24,1993) 

Sec. 214. Secretary. 

The Secretary of the United States Department of the Interior. 

(Added by Ordinance #9.93; Adopted: May 10,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: 

September 24,1993) 

Sec. 215. Slot Machines. 

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

coin, token, credit representative, or similar object therein, or upon payment of any consideration 

whatsoever, is available to play or operate, the play or operation of which, whether by reason of the 

skill of the operator or application of the element of chance, or both, may deliver or entitle the person 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 5 
playing or operating the machine to receive cash or tokens to be exchanged for cash, or to receive 

merchandise or any thlng of value whatsoever, whether the payoff is made automatically from the 

machine or in any other manner whatsoever. 

(Addcd by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: 

September 24,1993) 

(Original Sec. 217 Addcd by Ordinance #9-93; Adopted: May 10,1993; Omitted by Ordinance #11-93; Adopted: September 

14,1993;Effective: September 24,1993) 

Sec. 216. State. 

The State of Louisiana. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #ll-93;Adopted: September 14,1993;Revised by 

Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993) 

Sec. 217. Total Operating Expenses. 

All costs associated with and attendant to the carrying on of gaming activity and those services 

associated with same. 

(Added by Ordinance #9-93;Adopted: May 10,1993; Revised by Ordinance #11-93; Adopted: September 14,1993; Revised by 

Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993) 

Sec. 218. Traditional Forms of Indian Gaming;. 

(A) Gaming activities such as "stick" or "bone" games played as part of tribal ceremonies, 

celebrations, or powwows. 

(B) Games such as rodeos or horse races, including those for which purses or prizes are 

awarded, that are played as part of tribal ceremonies, celebrations or powwows. This does not include 

Class I1 or Class 111 games operated prior to a ceremony, celebration or powwow for the purpose of 

raising funds for the ceremony, celebration or powwow; these are considered Class I1 or Class 111 

games. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #ll-93;Adopted: September 14,1993; Revised by 

Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993) 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 6 
Sec. 219. Tribal Commission. 

The Chitimacha Gaming Commission. 

(Added by Ordinance #9-93; Adopted: May 10,1993;Revised by Ordinance #11-93; Adopted: September 14,1993; Revised by 

Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993) 

Sec. 220. Tribal Council. 

The Tribal Council of the Chltimacha Tribe of Louisiana. 

(Added by Ordinance #9-93; Adopted: May 10,1993;Revised by: Ordinance #11-93; Adopted: September 14,1993; Revised by 

Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993) 

Sec. 221. Tribe. 

The Chitimacha Tribe of Louisiana. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #11-93; Adopted: September 14,1993; Revised by 

Ordinance #15-93;Adopted: September 30,1993; Effective: September 24,1993) 

CHAPTER 3. CLASS I GAMING 

(Revised by Ordinance 44-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 301. Regulation of Class I Gaming. 

This Title does not apply to Class I gaming as defined in Chapter 2, except as provided in this 

section. The Tribe reserves the right to inspect the premises where the Class I game is held and to 

obtain and review financial information concerning the game in order to determine whether it meets 

the definition of a Class I game. In addition, Class I games may be subject to other tribal ordinances 

and regulations designed to protect the health and welfare of tribal members. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

CHAPTER 4. CLASS I1 GAMING 

(Revised by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 401. Regulation of Class 11 Gaming. 

All Class I1 gaming shall be conducted according to the provisions of this Title. 

--= . . &.d* - 

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Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 7 
(Revised by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 402. Ownership of Class I1 Gamine;. 

All Class I1 games included within Section 401 must be solely owned by the Tribe, which shall 

have the sole proprietary interest and responsibility for the conduct of any gaming activity. Ownership 

of Class I1 games by any other entity or any individual is prohibited. . 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3!1993) 

Sec. 403. Licenses for Class I1 Gaming Activities. 

The Tribal Commission shall issue a license for each place, facility, or location where Class I1 

gaming is conducted. For each location licensed, a sworn application must be filed with the Tribal 

Commission that contains a full and complete showing of the following: 

(A) A description of the premises in which the games are to be held, and proof that the 

applicant is the owner of suc5 premises, or lessee of such premises, for at least the term of the License. 

(B) Agreement by the applicant to accept and abide by all applicable provisions of this Title 

and all conditions of the tribal license. 

(C) Satisfactory proof that notice of the application has been posted in a prominent, noticeable 

place in the Tribal office and on the premises where the games are to be held for at least 30 days prior 

to consideration by the Tribal Commission, and published at least twice in a local newspaper serving 

the Reservation. The notices shall state the date, time and place when the application shall be 

considered by the Tribal Commission pursuant to Section 405. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 404. License Fees and Duration of License. 

Each application shall be accompanied by a fee of $100.00. The license shall expire on 

December 3 1st of the calendar year in which it is issued. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 8 
Sec. 405. Hearing on Ap~lication for a License. 

All applications for a license shall be considered by the Tribal Commission in open session at 

which the applicant, the applicant's attorney, if the applicant elects to hire one, and any person 

protesting the application shall have the right to be present and to offer sworn oral or documentary 

evidence relevant to the application. After the hearing, the Tribal Commission shall determine 

whether to grant or deny the application. The decision of the Tribal Commission shall 

be final. No Tribal Commission member may act on a matter involving a member of the immediate 

family of that Tribal Commission member. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Reviscd by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 406. Conditions of the Tribal License. 

Any tribal license iss*ed under this Title shall be subject to such reasonable conditions as the 

Tribal Commission shall fix, including, but not Limited to the following: 

(A) The licensee shall at all times maintain an orderly, clean, and neat establishment, both 

inside and outside the licensed premises. 

(B) The licensed premises shall be subject to patrol by the tribal police force, for the purpose 

of enforcing tribal law, and the licensee shall cooperate at all times with such police and law officers 

(C) The licensed premises shall be open to inspection by duly authorized tribal officials and 

officials of the National Indian Gaming Commission at all times during the regular business hours. 

(D) There shall be no discrimination in operations permitted under the tribal license by reason 

of race, color or creed, provided, however, that a licensee shall give a preference in employment to 

Indians. 

(E) No person who is under the age of 21 shall participate or be allowed to participate in any 

manner in the operation of any game. No person who is under the age of 21 shall play in any bingo 

game or other games of chance. No person under the age of 21 shall be allowed on the gaming floor 

where games are being conducted. It shall be the responsibility of the licensee and of those persons 

Chitimacha Comprehensive Codes of Justice 

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Title XI1 

Page 9 
physically operating the games to ensure that no unauthorized person is allowed to play in or 

participate in any manner in the operation of any bingo game or other game of chance. 

(F') Each person paying for the opportunity to participate in a bingo game shall be given a 

bingo card which shall be numbered and can be readily identified as belonging to that licensee. Each 

card issued shall represent a specific amount of money which has been paid to the licensee. The 

amount of prize money to be awarded for each card issued shall be clearly made known to all players 

prior to anyone paying to participate in the activity. 

(G) Bingo cards shall be sold and paid for, in advance, for use in a specified game or games. 

No cards may be sold on credit or as a loan of any kind whatever. 

(H) No licensee shall allow a person who manages or receives any compensation, directly or 

indirectly, for the operation of any bingo game or other game of chance conducted by the licensee to 

play in a bingo game or other game of chance while on duty. No licensee shall allow any person who, 

without compensation, assists in the operation of any bingo game or other game of chance conducted 

by the licensee to play in any bingo games or other game of chance conducted by the licensee within 

24 hours of the time said person did so assist. 

(I) Each numbered ball, or other device, used in a bingo game for the selection of numbers to 

be called in play shall be the same weight as each of the other balls or devices used for the purpose 

in that game. Immediately following the calling of each number in a bingo game, the caller shall turn 

the portion of the ball or other device used to determine which number is called which shows the 

number and letter to the participants in the game so that participants may know that the proper 

number has been called out. Nothlng in this section shall prohibit the use of electronic, computer or 

other technological aids in games of bingo or other games of chance provided that such aids are used 

properly and fairly. 

(J) No beverage containing alcohol, including but not limited to beer or liquor, shall be offered 

or awarded as a prize or in lieu of a prize for winning at any of the activities authorized by this Title. 

Chitimacha Comprehensive Codes of Justice 

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Title XI1 

Page 10 
(K) No firearms, or guns which are capable of discharging dangerous projectiles, including 

but not limited to b.b.'s or C02 guns, rifles, shotguns, pistols, or revolvers, shall be offered or awarded 

as a prize or in lieu of a prize for winning at any of the activities authorized by this ordinance. 

(L) No person involved in the operation of any activity authorized by this ordinance shall, 

directly or indirectly, in the course of such operation employ any device, scheme, or artifice to defraud; 

make any untrue statement of a fact, or omit to state a fact necessary in order to make a statement 

not misleading in consideration of the circumstances under which such statement was made; or engage 

in any act, practice, or course of operation as would operate as a fraud or deceit upon any person. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; lieviscd by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 407. Assi~nment or Transfer. 

No license issued under the ordinance shall be assigned or transferred without the written 

approval of the Tribal Commission expressed by formal resolution. 

(Revised by Ordinancc#4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 408. Cancellation and Suspension. 

The licensee must have and exercise complete control over the premises being used for bingo 

or other games of chance at all times said games are being played. The licensee and his employees 

shall be legally responsible for any violation of this Title. Any license issued hereunder may be 

canceled by the Tribal Commission for the breach of any of the provisions of this ordinance or of the 

tribal license, upon hearing before the Tribal Commission, after 10 days notice of the claimed breach 

to the licensee. If the Tribe is the licensee, notice shall be served on the manager of the tribal 

operation. The time and place of the hearing shall be posted in the Tribal office and, if time permits, 

in a local newspaper serving the Reservation. The licensee, manager, their attorneys and any person 

affected by the license shall have the right to be present and to offer sworn oral or documentary 

Chitimacha Comprehensive Codes of Justice 

Adopted: December 5,1989; Effective: August 14,1990 

Title XI1 

Page 11 
evidence relevant to the breach charges. A license may be suspended during the 10-day period by a 

majority vote of the Tribal Commission at a meeting at which a quorum is present. The decision of the 

Tribal Commission shall be final. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 409. Uses of Net Revenues of Gamine: Activities. 

Net revenues of the gaming activity after payment of management fees must be used only for 

the following purposes: 

(A) to fund tribal government operations or programs; 

(B) to provide for the general welfare of the Indian Tribe and its members, including to fund 

programs operated by a tribal subdivision that contribute to the general welfare; 

(C) to promote tribal economic development; 

(D) to donate to charitable organizations; or 

(E) to help fund operations of local government agencies, including tribal subdivisions. 

(Added by Ordinance #4-!30; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 410. Annual Outside Audit. 

Each licensee, including the Tribe, shall arrange for an annual outside audit of the operation 

for presentation to the National Indian Gaming Commission. The audit shall examine the entire 

gaming operation including the uses of the net revenues and all contracts for amounts in excess of 

$25,000 annually (except contracts for legal or accounting services). 

(Added by Ordinance #4-90; Adopted: November 7.1990; Effective: February 3,1993;Revised by Ordinance #11-93; Adopted: 

September 14,1993; Effective: September 24,1993) 

Sec. 411. Reports to the Tribe. 

Each licensee shall submit to the Tribal Commission, on a m&thly basis, a financial report 

for the previous quarter's operations. Such reports shall be signed, under oath, by an official or 

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representative of the licensee, who in the case of a tribal operations shall be the operation's manager. 

The reports shall document: 

(A) Monthly attendance at bingo and other games. 

(B) Gross receipts for each month. 

(C) Names of each employee and the salary or other compensation paid to each. 

(D) All expenses in the operation of the games, specifying all payments to vendors and 

contractors. 

(E) The amount paid in prizes each month. 

(F) All bank deposits made from proceeds of the bingo games, including any interest received 

on such deposits. 

(G) All bank withdrawals and the purpose of each. 

(H) All expenditures of net proceeds including the amount, person or organization paid, date, 

and purpose of such expenditures. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993, Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993) 

Sec. 412. Investigations. oversight. and licensing of ~rimarv management 

officials and key em~lovees of the gaming activity. 1 

Before hiring any primary management official or other key employee of the Class I1 gamlng 

activity, the Tribal Commission shall conduct a background investigation of that individual in 

accordance with the procedures and standards contained at Section 512 (K) of this Ordinance. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective. February 3,1993; Revised by Ordinance #9-93; Adopted: May 

10,1993; Revised by Ordinance#ll-93; Adopted: September 14,1993; Effective: September 24,1993; Revised by Ordinance# 1-02; 

Adopted: February 21, 2002; Effective: ) 

Sec. 413. Management Contracts. 

(A) Subject to the approval of the Tribal Council, a licensee may enter a management contract 

for the operation and management of a Class I1 gaming activity. All such contracts are subject to the 

approval of the National Indian Gaming Commission. 

~m ., . 

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(B) Any licensee seeking to enter a management contract will be required to furnish certain 

information to the Commission. If the Council approves the contract, it shall forward the required 

information to the Commission. 

(C) The Council shall not approve any contact unless its terms include: 

(1) Adequate accounting procedures to be maintained by the contractor and verifiable 

financial reports submitted to the Tribe on a monthly basis 

(2) Access to the daily operation of the gaming for appropriate officials of the Tribe, 

who shall also have the right to verify the daily gross revenues and income made from 

the gaming activity. 

(3) A minimum guaranteed payment to the Tribe that has precedence over the 

retirement of development and construction. 

(4) An agreed upon ceiling for the repayment of development and construction costs. 

(5) A contract term not to exceed five years. 

(6) Grounds and mechanisms for terminating the contract. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 414. Criminal penalties. 

Operation of Class 11 gaming activity without a license shall constitute a Class A 

Misdemeanor. Violation of any other provision of Chapter IV of this Title shall constitute a Class B 

Misdemeanor. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

CHAPTER 5. CLASS 111 GAMING 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 501. Class 111 Gaming in Accordance with Compact with the Tribe. 

The Tribe hereby authorizes Class I11 gaming in accordance with any Compact in force and effect 

and the Appendices attached thereto. Such Compact is hereby incorporated by reference as if set forth 

'+.* .. -' T . 

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fully herein and is enacted as a part of this Ordinance. No Class I11 gaming shall be conducted except 

in accordance with the Compact. 

(Added by Ordinance#4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 

10,1993; Effective: September 24,1993; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: 1 

Sec. 502. Authorized Class I11 Games. 

The following Class 111 games may be offered by the Tribe: 

(A) Any class I11 electronic game of chance. 

(B) The banking card game commonly known as "21" or "Blackjack" 

(C) The game commonly known as "Roulette". 

(D) The game commonly known as "Craps". 

(E) The games commonly known as "Poker". 

(F) The games commonly known as "Baccarat" and "Mini-Baccarat". 

(G) The game commonly known as "Keno". 

(H) Any other authorized Class 111 games offered or conducted pursuant to this Tribal-State 

Compact. 

(I) In the event that any other Class I11 game can be offered or conducted by any other gaming 

entity in the State, then this Ordinance shall be considered amended to grant to the Tribe the right to 

offer and conduct such Class I11 game. The fact that any Class I11 game is not actually being conducted 

in the State shall not, in any way, restrict the Tribe's right to offer and conduct any games otherwise 

permissible pursuant to the IGRA. 

(J) Any class I11 game whlch cannot at the time be offered or conducted by any other gaming 

entity in the State, the play of which has received the concurrence of the Indian Gaming Division 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #2-01; Adopted. 

September 6, 2001; Effective: ) 

Sec. 503. Class I1 Gaming Unaffected. 

Nothlng in this Chapter 5 is intended to, nor shall it be interpreted to, interfere with or 

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abrogate in any way the authority of the Tribe to offer Class I1 gaming pursuant to Chapter 4 of this 

Ordinance, rather, this Chapter shall supplement the authority granted under Chapter 4, as amended. 

(Added by Ordinance #!I-93; Adopted. May 10,1993; Effective: September 24,1993) 

Sec. 504. Management Agreements Authorized. 

The Tribe, by majority vote of the Tribal Council, may choose to contract with a third party 

for the management of Class I11 gaming. Any such contract shall conform in all respects with the 

requirements of the Act, including submission to and approval of the Tribal Commission and the 

Chairman of the National Indian Gaming Commission, pursuant to 25 U.S.C. 2712. Any such contract 

must provide, at a minimum: 

(A) For adequate accounting procedures that are maintained and for verifiable financial 

reports that are prepared, by or for the Tribal Council on a monthly basis; 

(B) For access to the daily operations of the gaming to the Tribal Commission who shall also 

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

(C) For a minimum guaranteed payment to the Tribe that has preference over the retirement 

of development and construction costs; 

(D) For an agreed ceiling for the repayment of development and construction costs; 

(E) For a contract term not to exceed five years, except that, upon the request of the Tribe, 

the Chairman of the National Indian Gaming Commission may authorize a contract term that exceeds 

five years but does not exceed, seven years if said Chairman is satisfied that the capital investment 

required, and the income projections, for the particular gaming activity require the additional time; 

and 

(F) For grounds and mechanisms for terminating such contract, but actual contract 

termination shall not require the approval of the National Indian Gaming Commission. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993) 

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Sec. 505. SoleProprietarv Interest in the Tribe. 

Except to the extent authorized by Section 504 of this Ordinance, the sole proprietary interest 

and responsibility for the conduct of Class 111 gaming is vested in the Tribe; provided, however, that 

nothing herein shall interfere with the exercise of any secured party of its rights under any collateral 

lease, leasehold mortgage or other financing agreement with the Tribe to enforce its security interests 

in the premises on which such gaming activities may be conducted, or to enforce its rights against 

gross revenues of the Tribe from its Class I11 gaming activities for the limited purpose of repayment 

of the debt obligations of the Tribe to such secured party in accordance with the provisions of such 

agreements, under all circumstances, any such secured party shall have no authority to participate 

in, direct, or control any aspect of the gaming activity. 

(Added by Ordinance #9-93; Adopted: May 10,1993;Revised by Ordinance #11-93; Adopted: September 14,1993; Effective: 

September 24,1993) 

Sec. 506. Application of Net Revenues. 

Net revenues from the conduct of Class I11 gaming shall be utilized for the general benefit of 

the Tribe. Expenditures shall be prioritized in order to insure that these general purposes are served. 

Accordingly, net revenues shall not be used for purposes other than: 

(A) To fund Tribal government operations and programs including, but not limited to, 

educational grant programs. 

(B) To provide for the general welfare of the Tribe and its members, including, but not limited 

to, the funding of health programs and facilities. 

(C) To promote Tribal economic development, including, but not limited to, low interest 

business loans 

(D) To donate to charitable organizations. 

(E) To help fund operations of local governmental agencies. 

(F) Any purpose authorized by the Indian Gaming Regulatory Act. 

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Per capita distributions shall only be authorized in accordance with a plan for such distributions 

that satisfies the requirements of 26 U.S.C. 2710(b)(3) and which has been approved by the Secretary 

of the Interior. 

No per capit,a distribution shall precede the use of net proceeds for general community benefit 

as outlined above 

(Added by Ordinance#9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinancesl-02; Adopted: February 

21, 2002; Effective: 

(Original Sec. 507. Government Contributions -Added by Ordinance#9-93;Adopted: May 10,1993; Effective: September 24,1993) 

Omitted by Ordinance #2-01; Adopted: September 6, 2001; Effective: 

Sec. 507. Audit Authorization. 

Outside audits of Class I11 gaming activity shall be conducted at least annually as required 

by 25 U.S.C. 2710@)(2)(c). The Tribe may combine this audit with existing independent audit systems 

or may establish a new system. The Tribe shall further provide for independent audit, at least 

annually, all contracts for supplies, services, or concessions for a contract amount in excess of 

$25,000 annually (except contracts for professional legal or accounting services) relating to Class 111 

gaming. The results of these audits shall be provided by the Tribe to the National Indian Gaming 

Commission. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective September 24,1993; Revised by Ordinance # 2-01; Adopted: 

September 6, 2001; Effective: ) 

Sec. 508. TribalGaming; Commission - Creation. 

There is hereby authorized and created the Chitimacha Gaming Commission. The Tribal 

Commission shall consist of three members, two of whom shall be associate members and one of whom 

shall be Chairman, and at least two of which must be members of the Tribe. The Chairman and members 

shall devote such time and attention to their duties as is necessary to completely fulfill their 

responsibilities. All members shall be appointed by the Tribal Council which shall also set their terms 

of compensation. Prior to appointment, the Tribe shall conduct an investigation of the backgrounds and 

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personal histories of candidates for positions on the Tribal Commission in order to insure that no person 

may serve on the Tribal Commission unless they meet the licensing standards otherwise applicable to 

applicants for a Tribal gaming license. Vacancies shall be filled, on an interim or permanent basis, by 

appointment of the Tribal Council. No member of the Tribal Commission, nor any member of the 

immediate family of any member of the Tribal Commission may: 

(A) Be employed in the operations of Class I1 or 111 gaming. 

(B) Participate in any gaming activity offered by the Tribe in its gaming facilities. 

(C) Solicit or accept employment from any person or entity licensed by the Tribal Commission 

either during a member's term or for a period of one (1) year thereafter, provided, however, that this 

restriction shall not apply to persons or entities licensed to provide non-gaming goods or services. 

(D) During the members's term, own any securities of, or any ownership interest whatsoever 

in, any entity licensed by the Tribal Commission, provided, however, that this restriction shall not 

apply to publicly held corporations if the ownership therein is less than 5% 

(Added by Ordinance#9-93; Adopted: May 10,1993; Effective: September 24,1993;Revised by Ordinance#l-96 ;Adopted: February 

1, 1996;EFfective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 509. Tribal Commission - Terms of Office: Removal From Office. 

Initial appointment to the Tribal Commission shall be for terms as follows: 

(A) The Chairman for a term of three (3) years. 

(B) One associate member for a term of two (2) years. 

(C) One associate me&ber for a term of one (1) year. 

After the initial appointments,' all members shall serve for a term of three (3) years. There shall be 

no limitation on the number of terms which any member may serve. Each member shall serve for the 

duration of his or her term and until a successor shall be duly appointed and qualified, provided, 

however, that in the event a successor is not duly appointed and qualified within 120 days after the 

expiration of a member's term, a vacancy shall be deemed to exist. Members of the Tribal Commission 

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may be removed with cause' by a majority vote of the Tribal Council. Cause for removal shall include, 

but not be limited to, misconduct in office, willful neglect of duty, unfitness for office and incompetence. 

Members of the Tribal Commission may be removed without cause by a unanimous vote of the Tribal 

Council. Any member shall automatically forfeit his or her office upon conviction of any crime 

enumerated in Title 14 of the Louisiana Revised Statutes which carries a maximum possible penalty of 

five (5) years or more, or upon conviction of any like crime in any other jurisdiction, or upon conviction 

of any federal crime. 

(Added by Ordinance fig-93, Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance# 2-01; Adopted: 

September 6, 2001; Effective: 1 

Sec. 510. Executive Director. 

There is hereby created withn the Tribal Commission the position of Executive Director. The 

Executive Director shall be appointed by the Tribal Council which shall also set the Executive Director's 

terms of compensation. he Executive Director shall report and be accountable to the Tribal 

Commission; shall be responsible for supervision and administration of all of the operational 

responsibilities of the Tribal Commission, and shall carry out the policies promulgated by the Tribal 

Commission. The Executive Director shall serve on a full-time basis. Prior to appointment, the Tribe 

shall conduct an investigation of the background and personal hstory of the candidate for Executive 

Director in order to insure that no person may serve as Executive Director unless that person meets the 

licensing standards otherwise applicable to applicants for a Tribal gaming license. The restrictions 

applicable to Commissioners and the immediate family of Commissioners pursuant to Section 508 of this 

Ordinance shall be similarly applicable to the Executive Director and the immediate family of the 

Executive Director. At any time during whlch there exists a vacancy in the office of Executive Director, 

the duties and responsibhties of this Executive Director shall be performed by the Chairman. 

(Revised by Ordinance # 1-96; Adopted: February 1, 1996 ;Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted. 

September 6, 2001; Effective: 1 

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Sec. 51 1 General Counsel. 

There is hereby created within the Tribal Commission the office of the General Counsel, the 

General Counsel shall represent the interests of the Commission in all legal respects. The General 

Counsel shall represent the Commission on all contested matters, shall attend such meetings of the 

Commission as may be practicable upon the request of the Commission, and shall advise the Commission 

on all legal questions and shall assist the Commission in the proper administration of its affairs. 

(Revised by Ordinance # 1-96; Adopted: February 1, 1996; Effective: June 21, 1996; Revised by Ordinance #2-01; Adopted: 

Septcrnber 6, 2001; Effective: ) 

Sec. 512. Tribal Commission - Duties and Responsibilities. 

The Tribal Commission shall have primary responsibility for establishment of regulatory policy, 

and administrative enforcement of that policy, and, through its agents and employees, for the on-site 

regulation, control and security of any Class I1 and Class 111 gaming facilities and operations. Thus 

administered, the responsibilities of the Tribal Commission shall include: 

(A) The physical safety of patrons in the gaming facil~ties and operation. 

(B) The physical safety of personnel employed by the gaming facilities and operations. 

(C) The physical safeguarding of assets transported to and from the gaming facilities and 

cashier's cage department. 

(D) Protecting the gaming facilities and operation from illegal activity. 

(E) Identifying all people and entities that may be involved in illegal activity for the purpose of 

notifying when appropriate, the Tribal Police Department and/or the State. 

(F') The recording of all unusual occurrences within the gaming facilities and operation in 

accordance with procedures to be established by the Tribe, which adequately provide for permanent 

recordation sufficient to appropriately document any such occurrences, including, but not limited to: 

(1) a sequential number; 

(2) the date; 

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(3) the time; 

(4) the nature of the incident; 

(5) t.he persons or entities involved in the incident; and 

(6) the security or Tribal Gaming Commission employees assigned. 

(G) The Tribal Commission shall employ duly qualified Compliance Officers who shall be 

independent of the gaming facilities and operation as well as the management company, and shall be 

supervised by and be accountable to the Commission. These Compliance Officers shall provide oversight 

to the services of any management company and any other service entities. These Compliance Officers 

shall report to the Executive Director regarding the failure by the Tribal gaming facilities or operation 

to comply with any provision of the Compact, or with any applicable laws, ordinances, or regulations. 

The Executive Director shall, in turn, report such failures to the Tribal Commission. The Compliance 

Officers shall receive patron complaints within the gaming facilities and operation, and shall assist in 

seeking voluntary resolution of such complaints. The Tribal Commission, through its staff, shall 

investigate any report of a failure to comply with any provision of the Compact, or with any applicable 

laws, ordinances, or regulations. The Tribal Commission, upon receipt of reports from staff, may direct 

the terms and conditions of compliance to the Tribal gaming facilities and operation. As a condition of 

employment, Compliance Officers shall be required to satisfy the standards applicable to a Tribal license 

and a State certification. The terms of compensation of the Compliance Officers shall be established by 

the Tribal Commission. 

(H) The Tribal Commission shall be present in the gaming facilities and operation during all 

hours of operation through a Compliance Officer, and shall have immediate access to all areas of the 

gaming facilities and operation for the purpose of ensuring compliance with the provisions of the 

Compact and Tribal ordinance! Any violation of the Compact or Tribal ordinances by the Tribal gaming 

facilities or operation, gaming employee, or any other person, shall be reported immediately to the Tribal 

Commission, and shall be forwarded to the State as soon as reasonably practicable thereafter, but in no 

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case in more than seven (7) days. In matters of suspected criminal activities, the State shall be afforded 

immediate and effective notification. 

(I) The Tribal Commission, through its staff shall investigate any reported violation of the 

Compact, and shall require the Tribal gaming operation to correct the violation upon such terms and 

conditions as directed by the Tribal Commission. The Tribal Commission is empowered to impose fines 

and any other sanctions against any licensee, employee, or any other person or entity directly or 

indirectly involved in or benefitting from the gaming facilities or operation. 

(J) Upon completion, the Tribal Commission shall forward copies of all investigation reports and 

final dispositions to the Stateand Tribal Police. If requested by the Tribal Commission, the State may 

assist in any administrative investigation initiated by the Tribal Commission, and may provide other 

requested services to ensure compliance with the Compact, as well as tribal ordinances and laws. 

(K) The Tribal Commission shall conduct all licensing duties imposed upon the Tribe pursuant 

to Section 6 and 7 of the Compact and Section 412 of this Ordinance. The Tribal Commission will 

perform background investigations and issue licenses to key employees and primary management 

officials according to the requirements at least as stringent as those in the regulations of the National 

Indian Gaming Commission at 25 C.F.R. Parts 556 and 558. 

The Tribal ~ommissio'n shall ensure that the following policies and procedures set out in this 

sub-section are established and implemented with respect to key employees and primary management 

officials employed at any Class I1 or Class I11 gaming enterprise operated on the Chitimacha Indian 

lands: 

(1) Definitions. 

(a) Key emplovee means 

(i) A person required to be licensed and certified pursuant to the 

Compact, and who include, without limitation: 

Gaming Operation Managers; 

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Assistant Managers; 

Accounting Personnel; 

Surveillance Personnel; 

Cashier Supervisors; 

Dealers; 

Croupiers; 

Boxpersons; 

Floorpersons; 

Pit Bosses; 

Shift Bosses; 

Cage Personnel; 

Collection Personnel; 

Chief of Security; 

Custodian of gaming supplies or cash; 

Count room supervisors; 

Custodian of gaming devices including persons with 

access to cash and accounting records within such 

devices; 

Bingo callers; 

Approver of credit. 

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

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

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

in the gaming operation. 

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(iv) If not otherwise included, any other person whose employment 

duties are gaming related and require or authorize access to restricted 

areas of the gaming facilities or operation not otherwise open to the 

public. 

(b) Primary management official means 

(i) The person having management responsibility for a management 

contract: 

(ii) Any person who has authority 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming operation; or 

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

management responsibility .. 

(2) -4pplication Forms 

(a) The 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. 2701 et seq. The purpose of the requested information is to 

determine the eligibility of individuals to be employed in a gaming 

operation. The information will be used by National Indian Gaming 

Commission members and staff who have need for the information in 

the performance of their official duties. The information may be 

disclosed to appropriate Federal, Tribal, State, local or foreign law 

enforcement and regulatory agencies when relevant to civil, criminal or 

regulatory investigations or prosecutions or when pursuant to a 

requirement by a tribe or the National Indian Gaming Commission in 

connection with the hiring or firing of an employee, the issuance or 

revocation of a gaming license, or investigations of activities while 

associated with a tribe or gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's being unable 

to hire you in a primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing your 

application. 

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Title XI1 

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(b) Existing key employees and primary management officials shall be notified 

in writing that they shall either: 

(i) Complete a new application form that contains a Privacy Act notice; 

(ii) Sign a statement that contains the Privacy Act notice and consent to 

the routine uses described in that notice. 

(c) The 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. 

A false statement on any part of your application may be 

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

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

(U.S.C., Title 18, Section 1001) 

(d) The Tribal Commission shall notify in writing existing key employees and 

primary management officials that they shall either: 

(i) Complete a new application form that contains a notice regarding 

false statements; or 

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

(3) Background Investigations 

(a) The Tribal Commission shall request from each primary management 

official and from each key employee all of the following information: 

(i) Full name, other names used (oral or written), social security 

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

(spoken or written); 

(ii) Currently and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business and 

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residence addresses, and drivers license numbers; 

(iii) The names and current addresses of at least three personal 

references, including one personal reference who was acquainted with 

the applicant during each period of residence listed under paragraph 

(l)(b) of this section; 

(iv) Current business and residence telephone numbers; 

(v) A description of any existing and previous business relationships 

with Indian tribes, including ownership interests in those businesses; 

(vi) A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests in 

those businesses; 

(vii) The name and address of any licensing or regulatory agency with 

which the person has filed an application for a license or permit related 

to gaming, whether or not such license or permit was granted; 

(viii) 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: 

(ix) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years of the 

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

date and disposition; 

(x) For each criminal charge (excluding minor traffic charges) whether 

or not there is a conviction, if such criminal charge is within 10 years of 

the date of the application and is not otherwise listed pursuant to 

paragraph (a)(viii) or (a)(ix) of this section, the criminal charge, the 

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name and address of the court involved and the date and disposition; 

(xi) The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license or 

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

(xii) A photograph; 

(xiii) Any other information the Tribe deems relevant; and 

(xiv) Fingerprints consistent with the procedures adopted by the Tribe 

according to 25 C.F.R. Section 522.2(h). 

(b) The Tribal Commission shall conduct an investigation sufficient to make a 

determination under Sub-section (4) below. In conducting a background 

investigations, the Tribal Commission or its agent shall promise to keep 

confidential the identity of each person interviewed in the course of the 

investigation. 

(4) Eliaibilitv Determination 

The Tribal Commission shall review a person's prior activities, criminal record, 

if any, and reputation, habits and associations to make a finding concerning the 

eligibility of a key employee or primary management official for employment ina gaming 

operation. If the Tribal Commission determines that employment of the person poses 

a threat to the public interest or to the effective regulation of gaming, or practices and 

methods and activities in the conduct of gaming, a tribal gaming operation shall not 

employ that person in a key employee or primary management official position. 

(5) Procedures for Forwarding Applications and Reports for Kev Emplovees 

and Primarv Management officials to the National Indian Gaming Commission 

(a) When a key employee or primary management official begins work at a 

gaming operation authorized by this Ordinance, the Tribal Commission shall 

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forward to the National Indian Gaming Commission a completed application for 

employment and conduct the background investigation and make the 

determination referred to in Sub-section 4 of this Ordinance. 

(b) The Tribal Commission shall forward the report referred to in Sub-section 

K(6) of this Section to the National Indian Gaming Commission within 60 days 

after an employee begins work or within 60 days of the approval of the 

Chitimacha Tribal Gaming Ordinance by the Chairman of the National Indian 

Gaming Commission. 

(6) Re~orto the National Indian Gaming Commission 

(a) Unless otherwise authorized by the National Indian Gaming Commission, 

pursuant to the procedures set out in Sub-section K(5) of this Section, the Tribal 

Commission shall prepare and forward to the National Indian Gaming 

Commission an investigative report on each background investigation. An 

investigative report shall include all of the following: 

(i) Steps taken in conducting a background investigation; 

(ii) Results obtained; 

(iii) Conclusions reached; and 

(iv) The basis for those conclusions. 

(b) The Tribal Commission shall submit, with the report, a copy of the eligibility 

determination made under Sub-section K(4) of this Ordinance. 

(c) If a license is not issued to an applicant, the Tribal Commission : 

(i) Shall notify the National Indian Gaming Commission; and 

(ii) May forward copies of its eligibility determination and investigative 

report (fiany) to the National Indian Gaming Commission for inclusion 

in the Indian Gaming Individuals Records System. 

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(d) With respect to key employees and primary management officials, the Tribal 

Commission shall retain applications for employment and reports (if any) of 

background investigations for inspection by the Chairman of the National Indian 

Gaming Commission or his or her designee for no less than three (3) years from 

the date of termination of employment. 

(7) Granting a Gaming License 

(a) If, within a thirty (30) day p eriod after the National Indian Gamlng 

Commission notifies the tribe that it has no objection to the issuance of a license 

pursuant to a license application filed by a key employee or a primary 

management official for whom the Tribal Commission has provided an 

application and investigative report to the National Indian Gaming Commission, 

the Tribal Commission may issue a license to such applicant. 

(b) The Tribal Commission shall respond to a request for additional information 

from the Chairman of the National Indian Gaming Commissionconcerning a key 

employee or a primary management official who is the subject of a report. Such 

a request shall suspend the 30-day period under paragraph (7)(a) of this 

Ordinance until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

(c) If, within the thirty (30) day period described above, the National Indian 

Gaming Commission provided the Tribal Commission with a statement 

itemizing objections to the issuance of a license to a key employee or to a 

primary management official for whom the Tribal Commission has provided an 

application and investigative report to the National Indian Gaming Commission, 

the Tribal Commission shall reconsider the application, taking into account the 

objections itemized by the National Indian Gaming Commission. The Tribal 

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Commission shall make the final decision whether to issue a license to such 

applicant. 

(8) License Suspension 

(a) If, after the issuance of a gaming license, the Tribal Commission receives 

from the National Indian Gaming Commission reliable information indicating 

that a key employee or a primary management official is not eligible for 

employment under Sub-section (K) above, the Tribal Commission shall suspend 

such license and shall notify in writing the licensee of the suspension and the 

proposed revocation. 

(b) The Tribal Commission shall notify the licensee of a time and a place for a 

hearing on the proposed revocation of a license. 

(c) After a revocation hearing, the Tribal Commission shall decide to revoke or 

to reinstate a gaming license. The Tribal Commission shall notify the National 

Indian Gaming Commission of its decision. 

(9) License Locations 

The Tribal Commission shall issue a separate license to each place, facility or 

location on Indian lands where Class 11 or Class I11 gaming is conducted under 

the governing Ordinance. 

(L) If the National Indian Gaming Commission has received an investigative report concerning 

an individual whom the Tribe wishes to employ as a key employee or primary management official and 

if the Tribe has access to the investigative materials held by another tribe, the Tribe may update the 

investigation and update the investigative report under Section 556.503) of the regulations of the 

National Indian Gaming Commission. 

(M) A gaming operation shall not employ in a key employee or primary management official 

position a person who has supplied materially false or misleading information or who has omitted 

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material information with respect to the required information under sub-paragraph (K) of this Section. 

(Added by Ordinance #!I-93; Adopted: May 10,1993; Revised by Ordinance #11-93; Adopted: Septcmbcr 14,1993; Effective: 

September 24,1993;Revised by Ordinance #1-96; Adopted: February 1, 1996; Effective: June 21,1996; Revised by Ordinance # 

2-01; Adopted: September 6, 2001;Effective: Revised by Ordinance # 1-02; Adopted: February 21, 2002;Effectlve: 

) 

Sec. 513. Tribal Gaming Commission - Procedures. 

(A) Regular meetings of the Tribal Commission shall be held at least once per month on a 

regularly scheduled basis, whch schedule shall be fixed by the Tribal Commission. Unless otherwise 

specified by the Tribal Commission, no notice of such regular meetings shall be necessary. 

(B) Special meetings of the Tribal Commission may be called by the Chairman, who shall fix the 

time and place thereof. Neither the business to be transacted at, nor the purpose of, any regular or 

special meeting of the Tribal Commission needs to be specified in the notice of the meeting. 

(C) At any meeting of the Tribal Commission, a majority of the members then in office shall 

constitute a quorum for the transaction of business. The vote of a majority of the members present at 

a meeting at which a quorum is present shall be the act of the Tribal Commission. The Chairman shall 

preside at all meetings of the Commission unless the Chairman designates another member to preside 

in his absence. I 

(D) Any action required or permitted to be taken at a meeting of the Tribal Commission may be 

taken without a meeting if all the members sign written consents setting forth the action taken or to be 

taken, at any time before or after the intended effective date of such action. Such consents shall be filed 

with the minutes of the Tribal Commission, and shall have the same effect as a unanimous vote or 

resolution of the Commission at a legal meeting thereof. Any such action taken by unanimous written 

consents may, but need not be set forth in such consents in the form of resolutions or votes. 

(E) Members of the Tribal Commission may participate in a meeting of the Tribal Commission 

by means of conference telephone or similar communications equipment by means of which all persons 

participating in the meeting can hear each other, and participation in a meeting in such matter by any 

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member who does not object at the beginning of such meeting to the holding thereof in such manner 

shall constitute presence in person at such meeting. 

(F) No action of the Tribal Commission to impose a penalty pursuant to section 513 of this 

Ordinance, or to revoke a license for a gaming employee previously issued by the Tribal Commission, 

shall be valid unless the person affected is given at least ten days notice of the proposed action and the 

opportunity to appear and be heard before the Tribal Commission, either in person or through a 

representative or legal counsel, and to submit such evidence as the Tribal Commission deems relevant 

to the matter at issue. The time and place of such hearing shall be posted in the Tribal office, and, if 

time permits, in a local newspaper serving the Reservation; provided, however, that if the Tribal 

Commission deems it necessary to protect the public interest in the integrity of the gaming activities, 

the Tribal Commission may take such action with immediate effect as it deems required, and shall 

thereupon provide notice and an opportunity to be heard to the affected person as soon as reasonably 

practicable following such action. Any person who is denied an initial gaming employee license or who 

is barred from the gaming facilities by action of the Tribal Commission may request a hearing before the 

Tribal Commission by written request submitted within thirty days following receipt of notice of the 

action of the Tribal Commission, and the Tribal Commission shall thereupon afford an opportunity to 

appear and be heard before the Tribal Commission, either in person or through a representative or legal 

counsel. and to submit such evidence as the Tribal Commission deems relevant to the matter at issue 

and thereafter the Tribal Commission shall either affirm or reconsider its decision. Any hearing 

conducted under this sub-section may at the direction of the Tribal Commission be conducted by the 

Chairman or by one or more members of the Commission designated by the Chairman for that purpose. 

(G) The Tribal Commission may adopt such additional procedures and rules as it deems 

necessary or convenient to govern its affairs and which are consistent with this Ordinance. 

(Added by Ordinance#S-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #1-96; Adopted: February 

1, 1996; Effective: June 21, 199G; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

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Sec. 514. Authorization to Tribal Commission to Adopt Regulations for Class I11 

Gaming. 

Prior to the commencement of Class I11 gaming, the Tribe hereby authorizes the Tribal 

Commission to develop and adopt initial detailed regulations to govern the operation and management 

of the operation and management of the gaming premises. These regulations shall ensure that the 

interests of the Tribe and the State relating to Class I11 gaming are preserved and protected. The 

regulations shall maintain the integrity of the gaming operation and shall reduce the dangers of unfair 

or illegal practices in the conduct of the Class I11 gaming operation. The regulations shall be at least as 

stringent as those required by the IGRA and all other applicable laws, rules and regulations of the 

National Indian Gaming Commission and the federal government 

(Added by Ordinance#9-93;Adopted: May 10,1993; Effective: September 24,1993:Revised by Ordinance# 1-96; Adopted: February 

1, 1996; Effective: June 21, 1996; Revised by Ordinance #2.01; Adopted: September 6, 2001; Effective: ) 

Sec. 515. Authorization to Tribal Commission to Adopt Standards and Rules for 

Class I11 Games. 

Prior to the commencement of Class I11 gaming, the Tribe hereby authorizes the Tribal 

Commission to develop and adopt initial standards and rules of each Class I11 game, which shall be 

substantially similar to those practiced in Louisiana including wagering and play. The Tribal 

Commission and the State shall review all standards and rules for Class I11 games to ensure that they 

do not fundamenta1l.y alter the nature of the games, and to ensure the games will be conducted fairly, 

honestly and with integrity. Only rules for those Class I11 games which cannot at the time be offered 

or conducted by any other gaming entity in Louisiana shall be subject to concurrence by the State prior 

to the commencement of the game. Such initial standards and rules of each Class I11 game shall be 

Listed in an Appendix to the Compact, and may be revised as authorized by the Compact. 

(Added by Ordinance#9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinancegl-96; Adopted: February 

1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 516. Authorization to Tribal Commission to Adopt Procedures for Class I11 Garninv. 

Prior to the commencement of Class I11 gaming, the Tribe hereby authorizes the Tribal 

-- zlij3 ,. .m-'7 

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Commission to develop and adopt procedures pursuant to the following requirements. All such 

procedures shall be listed in an Appendix to the Compact and may be revised as authorized by the 

Compact. The procedures to be adopted by the Tribal Commission shall include the following: 

(A) A surveillance log recording all surveillance activities and a security log recording the 

employee assignments of the Tribal Commission or security department shall be maintained in the 

monitoring room of the gaming facilities. These logs shall be available for inspection by the State. 

(B) The Tribal Commission shall maintain a list of persons barred from the gaming facilities and 

operations, who because of their criminal history or association with a career offender or a career 

offender organization, threaten the integrity of the gaming activities, or the health, safety, or welfare 

of the public. This list shall be provided to be State. 

(C) Not less than annually, the Tribal gaming facilities and operation shall be audited by an 

independent Certified Public Accountant, in accordance with the auditing and accounting standards for 

audits of casinos of the American Institute of Certified Public Accountants. The internal accounting and 

audit procedures shall become an Appendix to the Compact. 

(D) A closed circuit television system shall be maintained in the gaming facilities and operation 

in accordance with the procedures set forth in an Appendix to the Compact. 

(E) A casher's cage shall be maintained in the gaming facilities and operation in accordance with 

the procedures set forth in an Appendix to the Compact. 

(F) Minimum requirements for supervisory staffing for each table and gaming pit operated in 

the gaming facilities shall be maintained in accordance with the procedures set forth in an Appendix to 

the Compact. 

(G) Cash control management procedures shall be maintained in accordance with the procedures 

set forth in an Appendix to the Compact, which shall be adopted in connection with a certified public 

accounting firm with experience in cash control management procedures. These cash control 

management procedures shall safeguard monies, receipts, and other assets from skimming, money 

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laundering, embezzlement, and other criminal activities. 

(H) To ensure the continued integrity of the Tribal gaming premises and operation, no structural 

modification or movement of any gaming structure or fixture of any kind, including movement of 

equipment and/or gaming devices within the gaming related areas shall be made without the consent 

of the Tribal Commission, and prior notice to the State. 

(Added by Ordinance#9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance#l-96; Adopted: February 

1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 517. Tribal Commission - Funding. 

The funds necessary to bear the costs of operation of the Tribal Commission shall be an 

operating expense of the gaming facility. The Tribal Commission shall submit, annually, a proposed 

budget to the Tribal Council for approval. The Tribal Council may, during the course of a budget term, 

on request of the Chairman of the Tribal Commission, approve extraordinary expenses. 

(Added by Ordinance#9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance#l-96; Adopted: February 

1, 199G; Effective: June 21,1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 518. General Operation and Management Regulations. 

The Tribe hereby adopts the regulations and operational guidelines set forth in Section 10 of the 

Compact as follows: 

(A) All Class I11 gaming shall be conducted in such a manner that ensures, to the maximum 

extent practicable, that it is secure, honest, and that the interests of the Tribe, the State, and the public 

are protected at all times. The State shall fully cooperate with and assist the Tribe in meeting its 

obligations in this regard. 

(1) The construction and maintenance of the Class I1 and Class I11 gaming facility and 

the operation of Class I1 and Class I11 gaming shall be conducted in a manner which 

adequately protects the environment and the public's health and safety. All such 

premises shall comply with the standards and procedures established by or generally or 

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customarily utilized in the State in its building and fire codes, even though those 

standards do not otherwise apply to premises built or owned by the Tribe on its Indian 

lands. In the event the National Indian Gaming Commission or other federal agency 

promulgates rules and regulations regarding the health, safety, building and fire codes, 

the more stringent of the State or Federal provision shall apply. The Tribal Commission 

shall review and approve all plans for construction and expansion of the gaming 

premises in order to ensure that they meet the standards established herein. 

(2) The Tribe shall comply with all applicable Tribal, State and Federal laws governing 

the purchase, sale, and serving of alcoholic beverages in any gaming facility. Nothing 

herein shall be deemed to give any authority, licensing or otherwise, to the Parish or the 

State with respect to such purchase, sale, or serving. Iio person who is visibly 

intoxicated shall be permitted to participate in any gaming activity. 

(3) (a) No person who is a minor under the age of twenty-one (21) shall participate 

in any gaming activity. If any such minor does participate in any gaming 

activity and otherwise qualifies for a prize or winnings, then the prize or 

winnings shall not be awarded or paid, and the estimated amount wagered 

during the course of the game shall be forfeited. 

(b) In the event that the State amends the Louisiana River Boat Economic 

Development and Gaming Control Act or the Louisiana Economic Development 

and Gaming Corporation Act or any other governing state law governing casino 

gaming to allow gaming by persons under the age of twenty-one (21), then the 

age limitationin Section 10:(A)(3)(a) of the Compact and in this Ordinance shall, 

at the discretion of the Tribe, be considered amended to the age amended to the 

age authorized by the State. 

(4) (a) The Tribe will maintain comprehensive general liability and worker's 

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compensation insurance from any admitted or authorized insurer subject to 

direct action under Louisiana law. Such policies will maintain ample liability 

and property loss coverage to protect against any foreseeable loss or risk. Such 

insurance policies will not be on a claims-made basis. The coverage for such loss 

or risk will be greater of $4,000,000 or twice the insurable risk of the insured. 

(b) The Tribe will maintain for inspection by the State evidence of continuous 

coverage upon the issuance, amendment, or renewal of each such policy. 

(c) The gaming management company and all other entities contracting with the 

Tribe will maintain such policies of comprehensive general liability and workers' 

compensation insurance as required by State law, and will maintain proof of 

such continuous coverage. 

(d) Each such policy of insurance will contain, or be deemed to contain, an 

exclusion that the insurer or the insured shall not be entitled to make any claim 

or sovereign immunity in defense of liability, but shall be liable, including court 

costs and attorneys' fees incurred by the State, for its insured, as though the 

insured were a Louisiana domiciliary, as well as a provision requiring immediate 

notice to the State and Tribe of any change in coverage or default or delay in 

payment of premium or other occurrence which threatens the continuity or 

amount of coverage. 

(6) All Class I11 gaming authorized by the Compact shall be on a cash or casino credit 

basis. The Tribe may cash checks and may install bank card and credit card facilities in the same 

manner as allowed at retail businesses in the State. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: 

February 1, 1996; Effective: June 21,1996; Revised by Ordinance # 2-01;Adopted: September 6, 2001;Effective; ;Revised 

by Ordinance# 1-02 ;Adopted: February 21, 2002 ;Effective: 1 

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Title XI1 

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Sec. 519. Amendment and Revision of Class 111 Gaming Procedures. Standards, 

~ules and Regulations of Tribal State Compact. 

Consistent. with Sections 10, and 13: (B) of the Compact, any revision of the procedures, 

standards, rules and regulations relating to Class I11 gaming, may be revised by the Tribe. Timely notice 

of revisions shall be provided to the State. If the State disagrees with any revision, the provisions of 

Section 14(E) of the Compact shall be followed in regard to thereto. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 21,1993; Revised by Ordinance # 1-96; Adopted. 

February 1, 1996; Effective: June 21, 1996; Revised by Ordinance #2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 520. Authority Given to State of Louisiana to Enforce Tribal-State Compact. 

In pursuance of an effective cooperative effort by the Tribe and the State to ensure the integrity 

and proper operation of all Class I11 gaming, the Tribe hereby authorizes the following procedures: 

(A) The State shall have all necessary power and authority to monitor the Tribal gaming 

premises and operation, and shall have free and unrestricted access to the entire tract of land upon the 

gaming premises and operation are located, as described in Appendix A of the Compact, and to all 

building and improvements thereon during operating hours, and without giving prior notice. The State 

shall conduct its monitoring in such a manner as to have minimal impact on the gaming patrons. 

(B) The State shall have the authority to review and copy all records of the Tribal gaming 

premises and operation, management company, financiers, as well as the manufactures or suppliers of 

gaming services, supplies, and equipment during normal business hours. Any company or information 

derived therefrom shall be deemed confidential, and shall be the proprietary financial information of the 

Tribe. The State shall give written notice to the Tribe of any request for disclosure of such information, 

and shall not disclose such information until the Tribe has had a reasonable opportunity to challenge 

the request, pursue the provisions of Section 14:(E) et seq. of the Compact, or seek judicial relief. This 

public disclosure prohibition shall not apply to evidence used in any proceeding authorized by the 

Compact. 

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(C) Subject to Sections 521, 522 and 523 herein, the State may investigate any reported or 

suspected violation of any criminal law or the Compact. The State may utilize any information obtained 

from any investigation or inspection for the purpose of denying, suspending, or revoking a State 

certification, or in any criminal proceeding. 

@) Upon completion, the State shall forward copies of all investigative reports and financial 

dispositions to the Commission. In regards to criminal investigations, the State shall give immediate 

and effective notice to the Chairman of the Tribal Gaming Commission of information pertaining to any 

suspected criminal activity at or within the gaming operation and with respect to investigations initiated 

on the basis of information provided by the Tribe, periodic updates with regard to the status thereto. 

This notification provision shall not be required in those circumstances wherein such notification would 

reasonably be expected to compromise an ongoing investigation, in whch case such notification shall be 

given to a designated Tribal official satisfactory to both parties. At the conclusion of the investigation 

and resulting prosecution, if any, the State shall provide copies of the completed investigation file to the 

Tribal Gaming Commission. Nothing in this subsection shall prohibit the State and the Tribe from 

sharing any information deemed to be in the best interest of the parties involved, at any time. 

(E) For purposes of the requirements established at Section 5(C) and 9(D) of the Compact 

identifying an appropriate official to receive notification of certain criminal investigative information, 

the Tribe and State shall, within fifteen (15) days of the execution of the Compact, designate such an 

appropriate official, as well as secondary designee in the case that notification to the primary designee 

would reasonably be expected to compromise the involved investigation. Withn ten (10) worlung days 

of receipt of such designation, the Tribe and the State shall not& the other of its agreement or 

disagreement to same. In case of a disagreement, an alternative designation shall be provided until a 

satisfactory designation is achieved. All designees pursuant to this procedure shall utilize their best 

efforts to maintain the confidentiality of the information received. 

(F) If any individual, device, or equipment violates or does not conform with the Compact, the 

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Tribal Commission may, upon request of authorized State representatives, or upon its own initiative, 

direct the immediate removal of any such individual, device, or equipment from the gaming area. Once 

removed, the individual, device, or equipment may not be returned to gaming use until the State and 

the Tribal Gaming Commission shall mutually agree that such return is appropriate and does not pose 

any risk of unfair or defective gaming activity. If, after consultation, the Tribe and the State disagree 

in regard to the initial removal or return of any such individual, device, or equipment, then, in regard 

to individuals, hetshe may not participate in gaming activities until the disagreement is resolved 

pursuant to Section 14(E). In regard to gaming devices or equipment, such may not be returned to 

gaming use until an external testing lab shall certify that the subject device or equipment has been 

tested and is certified for gaming in conformity with all applicable laws and regulations and the 

provisions of the Compact. This procedure shall in no manner affect the authority of the Tribe or the 

State to enforce any and all jurisdictional rights and limitations granted them by this Ordinance or by 

Tribal, State, and Federal laws as to any crimes committed as a result of activities contemplated by the 

Compact. 

(G) Notwithstanding any other law to the contrary, the State may enter into intelligence sharing, 

reciprocal use, or restricted use agreements with the enforcement or regulatory agencies of the federal 

government, States, or other jurisdictions. 

(H) Nothing herein shall prevent the Tribe from initiating and conducting independent 

investigations and enforcement actions. 

(Added by Ordinance#9-92; Adopted: May 10,1993; Effective September 24,1993;Revised by Ordinance# 1-96; Adopted: February 

1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 521. Territorial and General Jurisdiction. 

The Tribe further finds and acknowledges that: 

(A) The Tribe and the State shall recognize and respect all territorial rights and the independent 

sovereign existence of each other, and shall: 

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(1) Accord the fullest mutual respect to the legal institution and cultural 

traditions of the Tribe and the State, insofar as they are consistent with 

preserving and protecting the health, safety, and welfare of all. 

(2) As mutually agreed in the Compact, have all necessary concurrent 

jurisdiction to fully ensure the protection of the public, the Tribe and the State. 

(3) Avoid any undue adverse impact or expansive influence on traditional Tribal 

jurisdiction mechanisms, such as Tribal discussion and consensus, and on nontraditional but Tribally - adopted written jurisdictional mechanisms, such as the 

actions of representatives bodies like Tribal commissions, boards, or courts, as 

these jurisdictional mechanisms pertain to tribal jurisdiction over Tribal 

members. This intent to respect such existing intra-Tribal jurisdictional 

mechanisms applies particularly, but not exclusively, to those related to the 

I 

recognition of the Tribe as possessing powers of self-government. 

(B) The Tribe, and the State did retain all sovereignty and immunity to suit when discussing, 

negotiating, or confecting the Tribal-State Compact. The Tribe and the State intended and agreed that 

all issues purely ofTribal law are to be determined in accordance with the legal mechanisms of the Tribe. 

(C) In the interest of clarity of authority, and to preserve and to protect the health, safety, and 

welfare of all, the Tribe and the State shall: 

(1) Preserve the full territorial and subject matter jurisdiction of the Tribe. 

(2) Preserve the full territorial and subject matter jurisdiction of the State. 

(3) Accord the State concurrent law enforcement authority with the lands of the Tribe 

when exercising any subject matter jurisdiction accorded the State pursuant to the 

Tribal-State Compact. The jurisdiction and law enforcement authority accorded by the 

Tribe to the State by this Section is limited to the territory contained in Appendix A to 

the Compact and identfied as the gaming premises and appurtenant parlung facilities. 

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This latter jurisdictional and territorial Limitation is likewise applicable to Sections 

520(C), 522 and 523 of this Ordinance insofar as the subject matter jurisdiction accorded 

to the State concerning criminal law and Class I11 gaming. No other extension or 

expansion of criminal law or Class 111 gaming subject matter jurisdictions consented to 

nor authorized by this Ordinance. 

(4) Accord the Tribe, including its duly constituted Tribal law enforcement authorities, 

full territorial jurisdiction, as well as concurrent law enforcement authority within the 

lands of the Tribe and withn any Parishes where they have been duly commissioned by 

a local law enforcement agency, when exercising any subject matter jurisdiction 

accorded to the Tribe pursuant to any agreements made with a local law enforcement 

agency. 

(D) The Tribe and the State shall be available to meet and discuss with local communities on 

issues relative to the conduct of Class I11 gaming and its impact upon the local communities. 

(Added by Ordinance #9-03; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: 

February 1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 522. Criminal Law Subiect Matter Jurisdiction Within Gamine: Premises and 

Appurtenant Parking Facilities. 

(A) Consistent with the applicable territorial limits as provided in the Compact, the State and 

the Tribe shall share concurrent criminal jurisdiction and investigatory authority over all persons, 

including enrolled members of federally recognized Indian Tribes, who commit offenses made criminal 

by the laws of the United States of America or the State of Louisiana, on or within that portion of the 

Indian gaming lands that are described in Appendix A of the Compact. The concurrent criminal 

jurisdiction of the State is limited, however, in that if the subject of an investigation is an enrolled 

member of the Tribe, then at the completion of such investigation, and at the stage at whlch formal 

charges can be filed, or probable cause exists or is established to arrest such Tribal Member, the results 

of such investigation shall be forwarded to the appropriate federal agency for further investigation, 

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arrest, andlor investigation, andlor institution of criminal charge(s). In the event the federal authorities 

decline to prosecute the matter, the Tribe may prosecute the matter within its Criminal Justice system, 

or refer the matter for State prosecution, or make an appropriate disposition that serves the interest of 

justice and respects the rights of any victim of such wrongdoing. In exigent circumstances, and to 

protect any person from immediate bodily harm, the State may effectuate the arrest of a Tribal member. 

After such arrest, the defendant shall be prosecuted pursuant to the provisions herein. Any criminal 

law subsequently enacted or amended by the United States of America or the State of Louisiana shall 

be effective within this area and shall likewise be the concurrent enforcement responsibility of the State 

and the Tribe. 

(B) All federal criminal laws applicable to Indian gaming, lands, or subject matter shall be fully 

operative, assimilated as State law, and applicable within all premises and appurtenant parking 

facilities, and shall apply equally to all persons therein. 

(C) All criminal laws of the Tribe that are written, promulgated, and published in the English 

language, and are not inconsistent with the Constitution or laws of the United States of America or of 

the State, shall be fully operative, assimilated as State law, and applicable within all Tribal lands within 

the Reservation inclusive of those gaming premises and appurtenant parking facilities, and shall apply 

equally to all persons therein. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: 

February 1, 1996; Effective: June 21, 1996; Revised by Ordinance #2-01; Adopted: September 6, 2001; Effective: 1 

Sec. 523. Law Enforcement Authority Within the Gamine Premises and 

Appurtenant Parking Facilities. 

Consistent with the applicable territorial limits provided in the Compact, the following sections 

set forth the respective law enforcement authority of the Tribe and the State: 

(A) The duly constituted Tribal law enforcement authorities of the Tribe shall have primary law 

enforcement authority, and all necessary or helpful powers in connection therewith, to enforce all Tribal 

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criminal laws applicable under the Compact. The laws of the State may be enforced by the Tribal law 

enforcement authorities on non-tribal lands where the Tribal law enforcement authorities have been 

duly commissioned by a local law enforcement agency. By written request of the Tribe, local, State, or 

federal law enforcement officers may be granted authority to enforce Tribal criminal laws. 

(B) The Tribe shall have concurrent law enforcement authority, and all necessary or helpful 

powers in connection therewith, to enforce all State and federal criminal laws made applicable by the 

Compact. This concurrent law enforcement authority may be initiated in emergency situations by arrest 

or other appr0priat.e action, but otherwise may be initiated or continued only after immediate and 

effective notice to the Department of Public Safety and Corrections. The Tribe shall forward all Tribal 

Police Reports to the Department of Public Safety and Corrections with twenty-four (24) hours 

concerning investigations conducted on or in the Tribal gaming facility and operation on Appendix "A 

lands. 

(C) The State shall have concurrent law enforcement authority, and all necessary or helpful 

powers in connection therewi,th, to enforce all Tribal, State, and federal criminal laws made applicable 

by the Compact. Except as stated in Subsection E below, the jurisdiction and law enforcement authority 

accorded by the Tribe to the State by this Section (i.e. 523) is limited to the territory contained in 

Appendix A to the Compact and identified as the gaming premises and appurtenant parking facilities. 

As noted supra., this latter jurisdictional and territorial limitations is likewise applicable to Sections 520, 

521 and 522 of this Ordinance, insofar as the subject matter jurisdiction accorded to the State concerns 

criminal law and Class I11 gaming. No other extension or expansion of criminal law or Class I11 gaming 

subject matter jurisdiction is consented to nor authorized by this Ordinance. The State is not obligated 

to exercise or take any action pursuant to such authority and powers on Tribal lands. The Tribe 

recognizes that the primary law enforcement agency of the State is the Department of Public Safety and 

Corrections. The Department of Public Safety and Corrections is to receive immediate and effective 

notification upon the discovery that a criminal act may have occurred in the gaming facility. Likewise 

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the Chitimacha Tribal Gaming Commission shall receive immediate and effective notification from the 

Department of Public Safety and Corrections upon the discovery that a criminal act may have occurred 

in the gaming facility. The notification provisions contained herein shall not be required in those 

circumstances wherein such notification would reasonably be expected to compromise an ongoing 

investigation, in which case notification shall be given, instead, to a designated State or Tribal official 

satisfactory to both parties. 

(D) To facilitate law enforcement activities on Tribal lands, within St. Mary Parish, or within 

adjacent Parishes, the Tribe and the State are authorized to enter into cross-deputization or similar 

contracts or agreements, including but not limited to, agreements with eachother, with Sheriffs or other 

local law enforcement agencies, with District Attorneys, local governmental agencies, and with agencies 

of the United States of America. Such agreements may include for necessary funding. Any crossdeputization agreements are subject to Sections 520,521,522 and thls Section and all such agreements 

shall require the consent of the Tribal Council prior to execution. Nothing in this sub-section is intended 

to confer any additional jurisdiction or authority on the State beyond that which is otherwise conferred 

in other sections of this Ordinance. 

(E) On Indian lands utilized for gaming purposes and described in Appendix A to the Compact, 

the plenary law enforcement powers of the Tribe and the State include, but are not limited to, immediate 

access to any premises, building, storage facility, or place whatsoever, wherever, in which might be found 

any thing, tangible or intangible, produced by, a part of contributing to, or in any way whatsoever 

related to, a violation of any criminal law made applicable by the Compact. This access includes, but is 

not limited to, books, records, equipment, electronic data, and supplies. On Indian lands described in 

Appendix B to the Compact, this access may be exercised by the State only in the company of, or 

proceeded by authorization from a Judge of the Chitimacha Tribal Court, or pursuant to a search 

warrant issued by a Federal Magistrate or a Federal District Judge. Thls provision shall not expand or 

enlarge the authority of the State on Indian lands described in Appendix B to the Compact, provided, 

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however, that the State shall retain any existing federal constitutional or statutory authority in regard 

to official actions upon Indian lands. 

(F) The State and theTribe shall cooperatively develop procedures in the form of a memorandum 

of agreement for the administration of the concurrent criminal jurisdiction referenced in Sections 4 and 

5 of the Compact. This memorandum shall remain in full force and effect during the term of the 

Compact. Any changes in the memorandum must be agreed upon by both the Tribe and the State and, 

if the Tribe and the State cannot agree, the dispute resolution procedures of Section 14(E) of the 

Compact shall be employed. Until such time as this memorandum is prepared, the existing procedures 

utilized between the Tribe and the State shall remain. 

(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: 

February 1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: 2-01; Adopted: 

September 6, 2001; Effective: ) 

Sec. 524. Dis~osition of Tort Claims. 

The jurisdiction vested in the Tribal Court pursuant to the Chitimacha Comprehensive Codes 

of Justice and the procedures contained therein shall apply to the disposition of tort claims arising from 

alleged injuries to patrons of the gaming premises and operations. 

(Added by Ordinance #!I-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 1-96; Adopted: 

February 1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: ) 

Sec. 525. Conflict of Interest. 

No member of the Tribal Council, nor any person residing in the immediate household of such 

Tribal Council member may: 

(A) Be employed in the operation of Class I1 or Class 111 gaming. 

(B) Participate in any gaming activity offered by the Tribe in its gaming facilities. 

(C) Solicit or accept employment from any person or entity license by the Tribal Gaming 

Commission either during a Council member's term or for a period of one (1) year thereafter, provided, 

however, that this restriction shall not apply to persons or entities licensed to provide non-gaming goods 

or services. 

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(D) During the Council member's term, own any securities of, any ownershp interest whatsoever 

in, any entity licensed by the Tribal Gaming Commission, provided, however, that this restriction shall 

not apply to a publicly held c'orporation if the ownership therein is less that five percent (5%). 

(Added by Ordinance #l-96; Adopted: February 1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: 

September 6, 2001; Effective: 1 

CHAPTER 6. SELF-REGULATION OF GAMING ACTIVITIES 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 601. Petition for certificate of self-re~ulation. 

Under 25 U.S.C. Sec 2710 (c)(3) et seq. the Tribe, if it operates a licensed gaming activity 

pursuance to this Title and has operated the gaming activity for at least three years, including at least 

one year after October 17, 1988, is eligible to petition the National Indian Gaming Commission for a 

certificate of self-regulation. Such a certificate exempts the Tribe from certain regulatory requirements 

under 25 U.S.C. Sec 2710 (c)(3) et seq. When the Tribe meets the requirements set forth in 25 U.S.C. 

Sec 2710 (c)(3) et seq. and determine whether it wishes to file a petition for self-regulation 

(Added by Ordinance #4.90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance # 2-O1;Adopted: 

September 6,2001; Effective: ) 

CHAPTER 7. NATIONAL INDIAN GAMING COMMISSION 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 701. Authoritv of the Commission. 

The Indian Gaming Regulatory Act, 25 U.S.C. Sec. 2701 et seq, created the National Indian 

Gaming Commission and granted the Commission certain regulatory authority over Indian gaming. All 

Class I1 and Class I11 gaming shall be conducted pursuant to said Act. 

(Added by Ordinance #4-90; Adopted: Novemher 7,1990; Effective: February 3,1993; Revised by Ordinance #2-01; Adopted: 

September 6, 2001; Effective: ;Revised by Ordinance# 1-02 ;Adopted: February 21, 2002 ;Effective: 1 

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Title XI1 

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Sec. 702. Failure to coo~erate with the Commission. I 

All licenses under ths Title shall cooperate fully with all lawful regulations, guidelines, and 

orders of the Commission. Failure to do so shall constitute a Class A Misdemeanor and shall also 

constitute grounds for revocation of the tribal license. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) 

Sec. 703. Commission realations and widelines su~ersedinv this Title. 

Any regulations and guidelines adopted by the Commission that are inconsistent with any 

provisions of this Title shall be superseded by that provision, unless the Council grants a waiver. If a 

provision is superseded, the Commission shall promptly amend such inconsistent regulation or guideline 

so that it conforms this Title. 

(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance # 2-01; Adopted: 

September 6, 2001; Effective: ) 

Sec. 704. Conformitv to Com~act. 

Notwithstanding any other provisions of this Title to the contrary, the Tribal Council may agree 

to Gaming Compact terms and conditions that are at variance with this Title, which terms and 

conditions, upon receipt of all necessary federal approval, shall supercede any inconsistency in this Title. 

Upon such varying terms and conditions receiving all necessary federal approval, the Council shall 

promptly thereafter amend this Title so that it conforms to then-effective Compact terms 

(Added by Ordinance # 3-00; Adopted: June 15, 2000; Effective: July 13, 2000) 

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