Ms. Janine M. Sam 

Tribal Council &order 

Little River Band of Ottawa Indians 

375 River St. 

Manistee MI 49660 

Re: Gaming ordinance #o2-400-01, approval 

Dear Ms. Sam: 

This is in response to your April 19,2005, Ietter seeking review and approval of 

amendments to the LittIe River Band of Ottawa Indians' gaming ordinance, #oz-400-01. 

The amended ordinance is consistent with the requirements of the Indian Gaming 

and this agency's regulations, and it is therefore approved. 

. If you have any questions or require assistance, please 

torney, at 202-632-7003. 

Chairman 

mnow 1441 LSt. MN. Suite 9100. Washington, DC Tel. 202.632-7033 Fax 202 632.7066 WWWNlccGW 

REG~~~W - Portland. OR; Sacramento, CS; Phaeniq &!, St Paul, MN; Tuka. OK 
Little River Band of Ottawa Indians 

375 River Street 

Manistee, MI 49660 

(23 1) 723-8288 

Resolution # 05-0323-121 

Adoption of Amendments to Gaming Ordinance, # 02-400-01 

WHEREAS, the status of the Gab ching Ziibi Daliwaa AnKhinabbek (Little River Band 

of Ottawa Indians) as a sovereign and Treaty-making power is confirmed in 

numerous treaties, from agreements with the initial colonial powers on this land, 

to various treaties with the United States; and 

WHEREAS, the Little River Band of Ottawa Indians (Tribe) is descended fkom, and is the 

political successor to, the Grand River Ottawa Bands, signatories of the 1836 Treaty 

of Washngton (7 Stat. 491) with the United States, as reaffirmed by federal law in 

P.L. 103-324, enacted in 1994; and 

WHEREAS, the Tribe adopted a new Constitution, pursuant to a vote of the membership 

on May 27, 1998, which Constitution became effective upon its approval by the 

Assistant Secretary-Indian Affairs on July 10, 1998; and 

WHEREAS, the Tribe adopted amendments to the Constitution on April 26,2004, which 

became effective upon approval by the Assistant Secretary-Indian Affairs on May 

13,2004; and 

WHEREAS, the Tribal Council is authorized under Article IV, Section 7(a) to provide 

for the public health, peace, morals, education and general welfare of the Little 

River Band and its members; and 

WHEREAS, the Tribal Council adopted the Gaming Ordinance and has amended that 

ordinance from time to time, which identifies and governs gaming activities on 

Tribal lands in accordance with the Indian Gaming Regulatory Act and the TribeState Gaming Compact; and 

WHEREAS, the Tribal Council has identified amendments which clarify the relationship 

between the Tribe and the gaming operations after the conclusion of the 

management agreement; and 

WHEREAS, the amendments were posted for Public Comment between November 22, 

2004, and January 1, 2005, and all comments were received and reviewed at the 

work session held on January 14,2005; and 
Resolution # 05-0323- 121 

Page 2 of 2 

WHEREAS, the Tribal Council has determined that the amendments to the Gaming 

Ordinance have been presented in conformance with the Administrative 

Procedures Act - Ordinances and may be presented for adoption; 

NOW THEREFORE IT IS RESOLVED THAT the Tribal Council of the Little River 

Band of Ottawa Indians hereby adopts the amendments to the Gaming Ordinance, # 02- 

400-01. 

IT IS FURTHER RESOLVED THAT the Tribal Council directs the Recorder to forward 

the amended Gaming Ordinance to the National Indian Gaming Commission for review 

and approval prior to implementation. 

IT IS FINALLY RESOLVED THAT the Gaming Ordinance shall be implemented upon 

receipt of approval by the National Indian Gaming Commission. 

CERTIFICATE OF ADOPTION 

I do hereby certify that the foregoing resolution was duly presented and adopted 

by the Tribal Council with 6 FOR, 2 AGAINST, 3 ABSTAINING, and 1 ABSENT, 

at a Regular Session of the Little River Band of Ottawa Indians Tribal Council held on 

March 23, 2005, at the Little River Band's Dome Room in Manistee, Michigan, with a 

quorum being present for such vote. 

Attest: 

Distribution: Council Records 

Tribal Ogema 

Tribal Court 
Ordinance # 02-400-01 

'^"I? 7 0 7:qr 

Article I. Purpose; Findings 

1.01. Purpose; Findings. The Little River Band of Ottawa Indians, acting through its Tribal Council in the 

exercise of its inherent sovereign power to enact ordinances, regulate the economic enterprises of the Tribe, 

and otherwise safeguard and provide for the health, safety, and welfare of the members of the Tribe, hereby 

ordains and establishes this ordinance for the purpose of authorizing and comprehensively and preemptively 

regulating the terms and conditions under which Class I1 and Class 111 gaming may be conducted on the lands 

of the Tribe. 

Article 11. Adoption; Amendment; Repeal; Severability 

2.01. Adoption. This ordinance is adopted by the Tribal Council through: 

a. Resolution # 97-01 15-01 which adopted the original ordinance; 

b. Resolution # 99-0325-01 which re-codified and amended the ordinance; 

c. Resolution # 00-1218-01 which further amended the ordinance; and 

d. Resolution # 02-0508-08 which repealed ordinance # 97-400-01 and replaced it with ordinance 

# 02-400-01. 

e. Resolution # 05-0323-121 which deleted references to management contractors, and made 

numbering clarifications among other amendments. 

2.02. Amendment. This Ordinance may be amended from time to time as set forth in the Constitution or in 

procedures adopted by the Tribal Council. 

2.03. Severability. If any provision of this ordinance or its application to any person or circumstance is held 

invalid, the invalidity does not affect other provisions or applications of this ordinance which can be given 

effect without the invalid provision or application, and to this end the provisions of this ordinance are 

severable. 

Article 111. Definitions 

3.01. General. In this ordinance, except where otherwise specifically provided or the context otherwise 

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

3.02. Bingo shall mean bingo as defined in IGRA and regulations promulgated thereunder. 

3.03. Class II Gaming shall mean Class I1 gaming as defined in IGRA. 

3.04. Class III Gaming shall mean Class 111 gaming as defined in IGRA and the Compact. 

3.05. Compact shall mean either: 

a. A gaming compact between the Tribe and the State of Michigan, entered into pursuant to Section 

1 1 (d)(3) of IGRA, and approved by the Secretary ofthe Interior includingall renewals, amendments, 

appendices, exhibits and other attachments thereto, or 

b. Procedures promulgated by the Secretary of the Interior pursuant to Section 1 I (d)(7)(B)(vii) of 

IGRA, governing the conduct of Class 111 gaming by the Tribe. 

3.06. Employee shall mean any person employed in the gaming enterprise, whether employed by or 

contracted to the gaming enterprise, including without limitation, general managers, assistant managers, 

accounting personnel, security personnel, cashiers, supervisors, shift bosses, machine mechanics, and any 

other person whose employment duties require or authorize access to areas of any gaming facility not 

otherwise open to the public. 

3.07. Gaming means Class I1 and Class 111 gaming authorized by this Ordinance and the Compact. 

3.08. Gaming Enterprise shall mean any commercial enterprise ofthe Tribe authorized to engage in gaming, 

Gaming Ordinance 

Ordinance # 02-400-01 

Amended: March 23,2005 
and all ancillary commercial activities within the gaming facility(ies) and other improvements constructed 

for the conduct of gaming. 

3.09. Gaming equipment or supplies means a machine, mechanism, device, or implement that affects the 

result of a gambling game by determining a win or loss, including without limitation, any of the following: 

a. Electronic gaming devices; 

b. Software; 

c. Cards; and 

d. Dice. 

Gaming equipment or supplies also includes lay outs for live table games and representatives of values, 

including without limitation, chips, tokens, or electronic debit cards and related hardware and software that 

do not affect the result of the game. 

3.10. Gaming Facility shall mean the building, buildings, or structure wherein gaming is permitted, 

performed, conducted, or operated, and associated and adjacent real property owned by the Tribe. 

3.1 1. Gaming Service means any goods, services or concessions which directly relate to the conduct of 

gaming, security, or surveillance at Little River Casino Resort, including without limitation, providers of 

casino credit reporting services, casino surveillance systems or services, and suppliers, servicers or repairers 

of any gaming equipment or supplies, computerized gaming monitoring systems, drop boxes, bill exchangers, 

and credit voucher machines. No contract may be broken up into parts for the purpose of avoiding this 

definition or any requirement of licensure or certification required by this ordinance. 

3.12. Gaming Vendors shall mean any vendors providing gaming services or gaming equipment or supplies. 

3.13. General Manager means the highest level employee of the gaming enterprise. 

3.14. ZGRA shall mean the Indian Gaming Regulatory Act of 1988,25 U.S.C. 2701 et seq, as amended from 

time to time. 

3.1 5. Immediate family means with respect to the person under consideration, persons residing in the same 

household. 

3.16. Key employee shall mean any employee that is -- 

a. not required to have a primary management official license, and 

b. any employee not issued a non-gaming employee license. 

3.17. License shall mean any official and revocable authorization granted for a limited period oftime by the 

regulatory agency pursuant to this ordinance to an applicant to conduct or participate in any gaming activity 

on the Little River Band Reservation. 

3.18. National Indian Gaming Commission shall mean the Commission established pursuant to IGRA. 

3.19. Net Revenues shall mean the gross revenues of a gaming enterprise less amounts paid for or paid out 

as prizes and less total operating expenses, determined in accordance with generally accepted accounting 

principles. 

3.20. Non-Gaming Vendor means any vendor providing goods and services to Little River Casino Resort, 

other than gaming services or gaming equipment and supplies, in an amount equal to or greater than $50,000, 

in any given twelve-month period. 

3.2 1. Primary Management Official shall mean: 

a. Any person who has authority: 

1. To hire and fire gaming employees; or 

2. To set up working policy for any gaming enterprise; or 

b. The chief financial officer or other person who has financial management responsibility. 

Provided that, primary management official includes only persons employed by the gaming enterprise. 

3.22. Regulatory Agency shall mean the body created pursuant to an ordinance or other document to regulate 

gaming in accordance with IGRA, any Class I11 gaming or Class I1 gaming regulations prescribed by the 

Gaming Ordinance 

Ordinance # 02-400-0 1 

Amended: March 23,2005 
Secretary and this ordinance. 

3.23. Reservation shall mean those lands acquired by or for the Tribe pursuant to 25 U.S.C. 1300k-4(b) or 

such other lands upon which gaming may lawfully be conducted pursuant to IGRA. 

3.24. Secretary shall mean the Secretary of the United States Department of the Interior or hislher designee. 

3.25. Service Vendors means any vendor providing goods, services, or concessions to Little River Casino 

Resort, other than gaming services or gaming equipment and supplies, in an amount equal to or less than 

$50,000.00 in any given twelve-month period. 

3.26. State shall mean the State of Michigan. 

3.27. Tribal Court shall mean the Tribal Court and Tribal Court of Appeals of the Little River Band of 

Ottawa Indians and all other tribal judicial forums now or hereinafter established by the Tribe. 

3.28. Tribe shall mean the Little River Band of Ottawa Indians. 

3.29. Vendor means a person or business entity selling goods or services to the Little River Casino Resort. 

Article IV. Classes of Gaming Authorized 

4.01. Class 11 Gaming Authorized. Class I1 gaming as defined in the IGRA, 25 U.S.C. 2703(a)(7) and by 

regulations lawfully promulgated by the National Indian Gaming Commission that now or hereafter may be 

in effect is hereby authorized. 

4.02. Class 111 Gaming Authorized. Class 111 gaming as defined in IGRA, 25 U.S.C. 2703(a)(8) and by 

regulations lawfully promulgated by the National Indian Gaming Commission that now or hereafter may be 

in effect is hereby authorized, provided such Class 111 gaming is also authorized by and consistent with the 

Compact, as defined in this ordinance. 

4.03. Class 11 and/or Class 111 License Required. Class I1 and Class 111 gaming authorized by this ordinance 

shall be conducted only by persons or entities which have obtained a valid gaming facility license issued by 

the regulatory agency pursuant to criteria set forth this ordinance, and regulations adopted pursuant to and 

consistent therewith. 

4.04. Gaming Age Minimum. No person under age 21 may gamble in a gaming enterprise authorized under 

this Ordinance. 

Article V. Tribal Ownership Required 

5.01. Sole Proprietary Interest Required. The Tribe shall have the sole proprietary interest in, and 

responsibility for, the conduct of any gaming enterprises authorized by this ordinance. 

5.02. Private/Individual Ownership Prohibited. No individual, partnership, corporation or entity of any kind 

shall own in whole or in part any Class I1 or Class 111 gaming enterprise authorized or regulated by this 

ordinance. 

5.03. Management Contracts Authorized. Nothing in this ordinance shall preclude the Tribe from entering 

into management contracts as authorized under IGRA. 

Article VI. Use of Gaming Revenue 

6.01. Permitted Uses. Net revenues from Class I1 and Class 111 gaming shall be used only for the following 

purposes: 

a. to fund tribal government operations and programs; 

b. to provide for the general welfare of the Tribe and its members; 

c. to promote tribal economic development; 

d. to donate to charitable organizations; 

e. to help fund operations of local governmental agencies. 

Gaming Ordinance 

Ordinance # 02-400-01 

Amended: March 23,2005 
Article VII. Audit Required; Report to National Indian Gaming Commission 

7.01. Annual Audit. The regulatory agency shall conduct or have conducted an independent audit of all 

gaming enterprises on an annual basis and shall submit the resulting audit reports to the Tribal Council and 

the National Indian Gaming Commission. 

7.02. Audit to Include Contracts for Gaming Services, Equipment or Supplies. All contracts for gaming 

services, equipment, or supplies shall be specifically included within the scope of the audit, provided, that 

the regulatory agency or the Tribal Council may require that contracts for gaming services, equipment or 

supplies which are less than $25,000.00 annually be included in the scope ofthe audit if inclusion is deemed 

necessary to protect the public interest in the integrity of the operation of the gaming enterprise or gaming 

facility. 

7.03. Record-keeping Requirements. Each gaming enterprise conducting Class 111 gaming shall keep 

accounting records on a double entry system of accounting, maintaining detailed, supporting, subsidiary 

records which can be identified to each gaming facility. Gaming enterprises subject to this provision shall 

maintain the following records for not less than three years: 

a. Revenues, expenses, assets, liabilities and equity for the location at which Class 111 gaming is 

conducted; 

b. Daily cash transactions for each Class 111 game at the location at which gaming is conducted, 

including but not limited to transactions relating to each gaming table bank, game drop box and 

gaming room bank; 

c. All markers, IOUs, returned checks, hold checks or other similar credit instruments; 

d. Individual and statistical game records (except card games) to reflect statistical drop and 

statistical win; for electronic, computer, or other technologically assisted games, analytic reports 

which show the total amount of cash wagered and the total amount of prizes won; 

e. Contracts, correspondence and other transaction documents relating to all vendors; 

f. Records of all gaming enforcement activities; 

g. Audits prepared by or on behalf of the Tribe; and 

h. Personnel information on all employees involved in the conduct of Class 111 gaming, including 

rotation sheets, hours worked, employee profiles and background checks. 

Article VIII. Licensing 

8.01. Licenses Required. The regulatory agency, consistent with IGRA, the Compact, and this ordinance, 

shall insure that the following minimum groups are licensed. Provided that, the regulatory agency may 

develop additional licensing requirements or background information requirements within regulations that 

meet or exceed to the requirements set forth in IGRA, the Compact or this ordinance. 

a. Gaming facilities. 

b. Employees of a gaming enterprise. 

c. Vendors. 

8.02. Gaming Facility. No person shall conduct Class I1 or Class 111 gaming within the jurisdiction of the 

Tribe unless such gaming is conducted at a gaming facility licensed by the regulatory agency as set forth in 

Article IX. 

8.03. Employees of a Gaming Enterprise. No person shall be employed in any gaming enterprise within the 

jurisdiction of the Tribe unless licensed by the regulatory agency as set forth in Article X. 

8.04. Vendor. No vendor shall contract with any gaming enterprise within the jurisdiction of the Tribe 

unless licensed by the regulatory agency as set forth in Article XI. 

8.05. Temporary Licenses. The regulatory agency may adopt regulations which identify the process by 

which an agent of the regulatory agency may authorize a temporary license for employees which may last 

Gaming Ordinance 

Ordinance # 02-400-0 1 

Amended: March 23.2005 
no longer than 90 days from the date of issuance. Provided that, a denial of a temporary license may be 

appealed to the regulatory agency. 

Article IX. Gaming Facility Licenses 

9.01. License Required. As set forth in section 8.02, no person shall conduct Class 11 or Class 111 gaming 

within the jurisdiction of the Tribe unless such gaming is conducted at a gaming facility licensed by the 

Tribe. No license may be issued for any gaming facility which is owned or operated by any person other than 

the Tribe. If gaming activity is proposed in more than one building at the site of any gaming enterprise, a 

separate gaming facility license shall be required for each building or location where Class I1 or Class 111 

gaming is conducted under this ordinance. 

9.02. Types of Licenses. The Tribe may issue each of the following types of gaming facility licenses. 

a. Class II Operations in a Gaming Facility. This license shall be required of all gaming enterprises 

operating one or more Class I1 gaming activities in each gaming facility. 

b. Class III Operations in a Gaming Facility. This license shall be required for all gaming 

enterprises operating any gaming other than Class I or Class I1 gaming in each gaming facility. A 

Class I11 gaming license includes the operation of Class I or Class I1 gaming when so noted on the 

license application and the issued license. 

9.03. Gaming Facility Application Procedures. In order to obtain a gaming facility license, the gaming 

enterprise requesting such license shall submit an application on the form provided by the regulatory agency. 

The applicant shall include all of the following information: 

a. A description of the gaming activity proposed, including, but not limited to: 

1. the type of gaming proposed, along with all instructions, policies, procedures, internal 

controls, and other documents related to the proposed gaming, 

2. the maximum number and types of gaming equipment and gaming devices expected to 

be in the gaming facility at any one time, 

3. the number and types of gaming equipment and gaming devices expected to be in use 

when the gaming facility first opens; and 

4. the days and hours of operation proposed. 

b. A description of the gaming facility proposed, including the layout of the gaming equipment and 

gaming devices and the surveillance systems the gaming facility. 

c. The location proposed for such gaming facility. 

d. A description of the security, police, fire protection and other public safety services to be 

available in the proposed gaming facility and patrons of such gaming facility. 

e. A description of the accounting procedures as required in section 7.03 for the gaming activities 

in each gaming facility. 

f. The name, address, title, and a description of the duties and responsibilities of each primary 

management official and key employee who will be employed at the proposed gaming facility. 

g. The number and categories of all other employees it is anticipated will be employed at the gaming 

facility. 

9.04. Threshold Criteria Which a Gaming Facility Must Meet. In addition to the information required in the 

gaming facility license application, any applicant for a Class I1 or Class 111 gaming facility license must 

provide documentation that the gaming enterprise and proposed gaming facility will meet the following 

threshold criteria: 

a. The proposed gaming facility is to be located on Reservation lands acquired for or by the Tribe 

under 25 U.S.C. 1300k-4(b) or on other lands upon which gaming may lawfully be conducted 

pursuant to IGRA. 

Gaming Ordinance 

Ordinance # 02-400-01 

Amended: March 23,2005 
b. The proposed gaming activity is to be played as Class I1 gaming as defined by this ordinance and 

IGRA. 

c. The gaming enterprise and proposed gaming facility is authorized by a Tribal Council resolution. 

d. The Tribe or one of its subdivisions will have the sole proprietary interest and the Tribe will have 

the exclusive responsibility for the conduct of any gaming enterprise. 

e. The Tribal Council resolution authorizing the gaming enterprise and proposed gaming facility 

provides that: 

1. The revenues of the gaming enterprise shall be audited annually and copies of those 

audits will be provided to the regulatory agency, Tribal Council and the National Indian 

Gaming Commission. 

2. The gaming enterprise shall comply with all Internal Revenue Service reporting and 

filing requirements. 

3. All of the proceeds of the gaming enterprise shall be used for the purposes stated in 

Article VI. 

4. All gaming and non-gaming vendor contracts shall be subject to the annual audit. 

5. The construction or maintenance ofthe gaming facility and the operation of the proposed 

gaming facility shall be conducted in a manner that adequately protects the environment and 

the health and safety. 

6. All employees of the gaming enterprise shall pass the background checks and obtain the 

appropriate license required in Article X. 

7. Any management contract between the Tribe and a principal has been approved by the 

Tribal Council and the National Indian Gaming Commission. 

8. The gaming enterprise shall pay to the National Indian Gaming Commission such fees 

as federal law may require. 

9. In the event that Class 111 Gaming is proposed, such gaming meets all other criteria 

established by the Compact, federal and tribal laws and regulations. 

9.05. Gaming Facility License Application Procedures. 

a. Upon receipt of a complete application for a gaming facility license for any Class I1 or Class 111 

gaming facility, the regulatory agency shall: 

1. Review the proposed gaming facility application to ensure that all threshold criteria 

required by this ordinance shall be met. 

2. Ensure that the necessary background checks have been performed on all employees of 

the gaming enterprise required by Article X and that all employees of the gaming enterprise 

possesses a valid and current temporary or regular license. 

3. Review and approve the accounting procedures to be used in the gaming enterprise, or 

as may be necessary at the gaming facility if more than one gaming facility is licensed by 

the gaming enterprise. 

4. Review and approve the layout of the games and surveillance systems for the gaming 

facility, including any instructions, policies, procedures, internal controls or other 

documents related to the layout of games and surveillance systems. 

5. Review and approve the plan for the protection of public safety and the physical security 

of patrons of the gaming facility. 

6. Review all aspects of the proposed gaming enterprise and gaming facility to ensure that 

it will be in compliance with the provisions of the Compact, federal and tribal laws and 

regulations. 

7. Take any additional steps necessary to ensure the integrity of gaming activities at the 

Gaming Ordinance 

Ordinance # 02-400-01 

Amended: March 23.2005 
gaming facility and by the gaming enterprise. 

b. The regulatory agency shall approve the gaming facility application within 30 days following the 

receipt of a complete application unless the regulatory agency believes, based upon reasonable 

grounds, that the gaming will be operated at the proposed gaming facility in violation of tribal, 

federal or other applicable law or the terms and conditions of the Compact. 

c. lfthe regulatory agency denies an application for a gaming facility license, the regulatory agency 

shall promptly notify the applicant of the specific reasons for such denial and a description of any 

corrective actions which the regulatory agency determines will cure the deficiencies which resulted 

in denial of the application. 

9.06. License Application Fees. The license application and renewal fee shall be as set forth in the Gross 

Gaming Revenue Tax Ordinance. 

9.07. Terms of License. A Class I1 and Class 111 gaming facility license shall be valid for a period of 12 

months from the date of issuance. 

9.08. Posting of Licenses. The gaming facility license must be posted in a conspicuous location at all times 

on the premises of each gaming facility. If the gaming enterprise conducts gaming at more than one location, 

the gaming enterprise must obtain and post a separate license for each gaming facility. 

9.09. Gaming Facility License Renewals. 

a. Each gaming facility license must be renewed annually. A renewal fee shall be required for each 

Class I1 or Class 111 gaming facility license in accordance with the section 9.06. 

b. In order to obtain a renewal of a license, the gaming enterprise shall submit a written renewal 

application to the regulatory agency on the form provided by the regulatory agency. No renewal 

application shall be approved until the annual report, required by section 9.10, has been properly 

filed. 

c. All renewal applications submitted shall be approved in 30 days or less unless the regulatory 

agency believes, based on reasonable grounds, that the gaming enterprise has been or will be 

operated in violation of tribal, federal or other applicable law or the terms and conditions of the 

Compact. 

d. If the regulatory agency denies a renewal application for a gaming facility license, the regulatory 

agency shall, within seven calendar days, notify the applicant ofthe specific reasons for such denial 

and a description of any corrective actions which the regulatory agency determines will cure the 

deficiencies which resulted in denial of the application. 

9.10. Annual Reports. Each gaming enterprise which possesses a Class I1 or Class 111 gaming facility license 

must file an annual report with the regulatory agency and the Tribal Council between the 1 Sh and the last 

day of the 12th month of each such license. The report shall be submitted to the regulatory agency and shall 

include, at a minimum, the following information: 

a. The name, address and telephone number of the gaming enterprise and gaming facility; 

b. The names, addresses and titles of all of the current general managers of the gaming enterprise 

and at each gaming facility; 

c. A description of the operations of the gaming enterprise for each gaming facility, including, but 

not limited to: 

1. the number and type of games and gaming devices operated, 

2. the number of days and hours of operation; and 

3. the total gross sales; 

d. A written copy of any changes anticipated or proposed in the operations of the gaming enterprise 

for each gaming facility, including any changes in its instructions, procedures, policies, internal 

controls, rules, public safetylsecurity plan, layout of the games or surveillance systems, or other 

Gaming Ordinance 

Ordinance # 02-400-0 1 

Amended: March 23,2005 
documents related to activities in the gaming facility or of the gaming enterprise; 

e. The name, address, title, and a description of the duties and responsibilities of each primary 

management official and key employee for the gaming enterprise at each gaming facility; 

f. The name and addresses of the person who will be designated as a contact person for service of 

process, notice and other official correspondence from the Gaming Commission over the next license 

period for each gaming facility; 

g. A statement of any changes in the duties or designation of the primary management officials or 

key employees who will operate the gaming enterprise over the next license period; 

h. The names, addresses, and job descriptions of any employees who the regulatory agency has 

determined by the job description to be key employees or primary management officials; 

i. Written proofthat the gaming enterprise has paid to the National Indian Gaming Commission such 

fees as federal law may require it to pay and will continue to do so; 

j. A sworn statement that the gaming enterprise has complied with the Internal Revenue Codes and 

regulations, including written notice of customer winnings, and a statement that the gaming 

enterprise shall continue to obey all tribal and federal laws and shall hold the regulatory agency and 

the Tribe harmless for failure to do so; 

k. A verified copy of the last annual audited financial report following the end of the gaming 

enterprise's last fiscal year; 

1. The number of full-time equivalent people, on an annualized basis, employed by the gaming 

enterprise at each gaming facility during the past 12 months, together with a projection of the 

number of full-time equivalent people who are expected to be employed during the next license 

period; 

m. The total gross revenue of the gaming enterprise attributable directly or indirectly to gaming 

activity over the proceeding 12 months; 

n. A sworn statement that the gaming enterprise and all of its employees continue to consent to 

Tribal Court jurisdiction and service of process in all matters arising from the conduct of gaming 

activity; 

9.1 1. Non-Interference with Management of Gaming Facility. The regulatory agency is required to receive 

the information contained in the annual report provided under section 9.10 solely to ensure that the gaming 

enterprise is free from corruption and to aid in carrying out its regulatory responsibilities. The regulatory 

agency shall have no responsibility for, and shall not interfere with or regulate, any business or management 

activities or decisions of the gaming enterprise. 

Article X. Licensing of Employees of the Gaming Enterprise 

10.01. General - Types of Licenses. All employees of the gaming enterprise are required to be licensed. 

These licenses shall be broken into non-gaming and gaming employees. 

a. Non-Gaming Employees. All employees who under the age of 21 may only be issued non-gaming 

employee licenses. 

b. Gaming Employees. Gaming employee licenses shall be required of all gaming employees who 

are age 21 or over. The regulatory agency shall identify levels of background investigations in 

regards to the followingcategories, which shall be consistent with any specific requirements set forth 

in this Article. 

1. Primary management officials. 

2. Key employees. 

3. Employees not in one of the above categories. 

10.02. Non-Gaming Employee License. All persons who are under age 21 and who are employees of the 

Gaming Ordinance 

Ordinance # 02-400-01 

Amended: March 23.2005 
gaming enterprise must obtain a non-gaming employee license from the regulatory agency before 

commencing employment. Such non-gaming employee license may be issued upon a determination by the 

regulatory agency that the employee is not a threat to the effective regulation of gaming and creates no risk 

or enhances no danger of unfair or illegal practices, methods or activities in the conduct of gaming. All 

applicants for non-gaming employee licenses shall provide such information as the regulatory agency shall 

require. A non-gaming employee is not authorized to be present on the gaming floor of a gaming enterprise 

as identified by the regulatory agency. 

10.03. Application for a Gaming Employee License. The regulatory agency shall require each potential 

gaming employee to submit an application to the regulatory agency on the form and in the manner required 

by the regulatory agency. The application shall include all of the following information: 

a. Full name, other names used (oral or written), social security number(s), birth date, place of birth, 

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

b. Currently and for the previous five years: 

1. business and employment positions held, 

2. ownership interests in those businesses, 

3. business and residence addresses; and 

4. drivers license numbers; 

c. The names and current addresses of at least three personal references, including one personal 

reference who was acquainted with the applicant during each period of residence listed under 

paragraph (b) of this subsection; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous gaming or other business relationships with any Indian 

tribe; 

f. A description of any existing and previous business relationships with the gaming industry 

generally, including ownership interests in those businesses; 

g. The name and address of any licensing or regulatory agency with which the person has filed an 

application for a license or permit related to gaming, the current status of the application, and 

whether or not such license or permit was granted. 

h. A list of all felony charges and dispositions against the applicant, if any, and for each felony for 

which there is ongoing prosecution or a conviction, the charge, the name and address of the court 

involved, and the date and disposition if any, including identification of any conviction, or plea of 

guilty or no contest, to a gambling related offense, fraud or misrepresentation at any time; 

i. A list of all misdemeanor charges and dispositions against the applicant, if any, (excluding traffic 

violations for which incarceration was not a possible punishment), and for each misdemeanor 

conviction or ongoing misdemeanor prosecution (excluding minor traffic violations), within 10 years 

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

disposition, including identification of any conviction, or plea of guilty or no contest, to a gambling 

related offense, fraud or misrepresentation at any time; 

j. For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, 

if such criminal charge was within 10 years of the date of the application and is not otherwise listed 

pursuant to paragraph (h) or (i) ofthis section, the criminal charge, the name and address ofthe court 

involved, and the date and disposition; 

k. The name and address of any licensing or regulatory agency with which the person has filed an 

application for a business or occupational license or permit, whether or not such license or permit 

was granted; 

I. Two current photographs; 

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m. For all applications for licenses for principals and general managers, or primary management 

officials, a complete financial statement and/or income tax records showing all sources of income 

for the previous three years, and assets, liabilities, and net worth as of the date of the application; 

n. A list of all professional or business licenses the applicant has applied for, whether or not those 

licenses where granted and the name, address and phone number of the regulatory agency involved; 

o. A sworn statement that neither the applicant nor any member of his immediate family has a past 

or current financial interest, other than a salary interest, in any gaming-related enterprise anywhere. 

If the applicant has any relative who has such a relationship, the applicant shall fully disclose his 

name and the nature of the relationship; 

p. U'ritten permission giving the regulatory agency the right to investigate the applicant's 

background, including his criminal records, civil and criminal judgments and credit history; 

q. Each application shall be accompanied by a sworn statement that the applicant will submit to the 

jurisdiction of the Tribe and the Tribal Court, if employed; 

r. Any other information the regulatory agency deems relevant; 

s. For all applications for licenses for primary management officials or key employees, fingerprints 

obtained on fingerprint impression cards taken consistent with procedures adopted by the regulatory 

agency according to 25 C.F.R. 522.2(h); 

t. Any other information required regulatory agency rule or regulation. 

1 0.04. Application Forms - Notices. 

a. Privacy Act Notice. The following notice shall be placed on the application form for a gaming 

employee license so that it can be read 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 enterprise. 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, prosecutions, or when pursuant to a requirement by a tribe or 

the National Indian Gaming Commission in issuance or revocation of a gaming license, or 

investigations of activities while associated with a tribe or a gaming enterprise. 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." 

b. False Statements Notice. The following notice shall be placed on the application form for a 

gaming employee license so that it can be read 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." 

10.05. Burden ofproof It is the determination ofthe Tribe that the public interest in the integrity of gaming 

is such that the burden of proof to establish fitness or eligibility to obtain or maintain a gaming employee 

license shall be upon the applicant or licensee, as the case may be. 

10.06. Background Investigation. The regulatory agency shall conduct, or cause to be conducted, an 

investigation sufficient to make a determination under sections 10.07 and 10.08. In conducting a background 

investigation, the regulatory agency shall keep confidential the identity of each person interviewed in the 

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course of the investigation. The background investigation shall consist of at least the following: 

a. The regulatory agency shall contact each reference provided in the application and take other 

appropriate steps to verify the accuracy of the other information presented and prepare a report of 

their findings for the regulatory agency. 

b. The criminal background of each applicant for a license shall be investigated by obtaining 

information concerning the applicant from law enforcement where the applicant has resided and, for 

primary management officials and key employees, submitting impressions of the applicant's 

fingerprints, taken under section 10.03(s), to the Federal Bureau of Investigation Criminal 

Information Center, and any other law enforcement agency(ies) that the regulatory agency deems 

appropriate, requesting a criminal history report. The vital information which may be provided to 

identify the applicant may include: the applicant's full name, any other names used by the applicant, 

date and place of birth, citizenship, driver's license numbers, social security number, and a physical 

description. 

c. With respect to applicants for a primary management official's application for a gamingemployee 

license, the regulatory agency shall also investigate and verify the accuracy of financial information 

provided by the applicant by contacting banks, other financial institutions or other sources as deemed 

necessary. The regulatory agency shall also obtain a credit bureau report on the applicant. 

d. The regulatory agency shall attempt to complete the background investigation described in this 

section within 30 days following receipt of a complete application. 

e. The regulatory agency may contract with private, municipal, state, and/or federal investigation 

agencies to perform the required background and/or criminal history investigations. 

10.07. Eligibility Determination. The regulatory agency shall review a person's prior activities, criminal 

records, if any, reputation, habits, and associations to make a finding concerning the eligibility of an 

applicant to receive a gaming employee license. If the regulatory agency determines that employment of, or 

contract with, a person poses a threat to the public interest or to the effective regulation of gaming, or creates 

or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of 

gaming, the gaming enterprise shall not employ that person position requiring a gaming or non-gaming 

employee license. 

10.08. Standards for Issuance ofa Gaming Employee License. The regulatory agency shall not grant a 

license to any applicant for a gaming employee license: 

a. Is a member of the Tribal Council, the Ogema, a Judge or Appellate Judge on the Tribal Court, 

the Prosecutor or a Law Enforcement Officer of the Tribe; 

b. Is under the age of 21 ; or 

c. Has been convicted of or entered a plea of guilty or no contest to a gambling-related offense, 

fraud or misrepresentation; or 

d. Has been convicted of or entered a plea of guilty or no contest to any offense not specified in 

paragraph (c) within the immediately preceding five years; this provision shall not apply if that 

person has been pardoned by the Governor of the State where the conviction occurred or, if a tribal 

member, has been determined by the regulatory agency to be a person who is not likely again to 

engage in any offensive or criminal course of conduct and the public good does not require that the 

applicant be denied a gaming employee license; or 

e. Is determined by the regulatory agency to have participated in organized crime or unlawful 

gambling or whose prior activities, criminal records, reputation, habits, andfor associations pose a 

threat to the public interest or to the effective regulation and control of gaming, or create or enhance 

the dangers of unsuitable, unfair, or illegal practices, methods and activities in the conduct ofgaming 

or to the carrying on ofthe business and financial arrangements incidental to the conduct of gaming; 

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or - 

f. Has knowingly and willfully provided materially false and misleading statements or information 

to the regulatory agency or refused to respond to questions asked by the regulatory agency. 

g. The terms "fraud or misrepresentation" as used in paragraph (c) shall mean a criminal offense 

committed in Michigan or any other jurisdiction, involving theft, fraud or misrepresentation, which 

is a felony or would be a felony if committed in Michigan, and which was committed as an adult or 

prosecuted as an adult offense, and which has not been effectively removed from the employee's 

criminal record by executive pardon, state court order, or operation of law. 

h. The term "any offense" as used in paragraph (d) shall mean any criminal offense not described 

in paragraph (c), whether committed in Michigan or any other jurisdiction, that is, or would be, a 

crime under the provisions of the Michigan Penal Code, Act 328 of the Public Acts of 193 1, as 

amended, or the controlled substances provisions of the Public Health Code, Act No. 368 of the 

Public Acts of 1978, as amended or any other criminal offense not included within the scope of 

paragraph (c). 

10.09. Action on Applications for Non-gaming Employee Work License 

a. Within 15 days following the completion ofthe background investigation, the regulatory agency 

shall review the application, and the results of background investigation to determine ifthe applicant 

qualifies for the non-gaming employee license applied for. 

b. Ifthe regulatory agency determines that an applicant for a non-gaming employee license qualifies, 

pursuant to section 10.07, for the issuance of the license or non-gaming employee license applied 

for, the regulatory agency may approve the application and issue the license or non-gamingemployee 

license, as the case may be. 

c. If the regulatory agency denies any application for a non-gaming employee license, the regulatory 

agency shall, within seven calendar days, notify the applicant that the application was denied and 

specify the reasons for the denial, including information concerning any criminal conviction(s), 

which prompted the denial. The notice to each applicant shall also inform the applicant of the 

applicant's right to request a hearing and appeal provided in Article XII. 

d. If a license is not issued to an applicant, the regulatory agency: 

1. [subsection deleted]; 

2. May forward copies of its eligibility determination and investigative report (if any) to the 

National Indian Gaming Commission for inclusion in the Indian Gaming Individuals 

Records System. 

10.1 0. Action on Applications for Gaming Employee License 

a. Within 15 days following the completion of the background investigation(s) described in this 

Article, the regulatory agency shall review the application, the results of background investigation, 

the criminal history reports, and financial report, if required, to determine if the applicant qualifies 

for the license applied for. 

b. If the regulatory agency determines that an applicant qualifies, pursuant to sections 10.07 and 

10.08, for the issuance of a license the regulatory agency may approve the application on a 

preliminary basis and may, in its further discretion, issue a temporary license to the applicant. A 

temporary license shall be valid for not more than 90 days. 

c. Within seven business days after granting preliminary approval of a license application, the 

regulatory agency 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: 

1. Steps taken in conducting a background investigation; 

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2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 

The regulatory agency shall submit, with the investigative report, a copy of the regulatory agency's 

eligibility determination and notify the National Indian Gaming Commission of the regulatory 

agency's intention to issue the applicant a license and request that the agency review the application 

and investigative report pursuant to IGRA. 

d. The regulatory agency may grant final approval of a license application submitted under this 

subsection only after the one of the following has occurred: 

1. The regulatory agency has received notice from the National Indian Gaming Commission 

that it has no objection to the issuance of the license; or 

2. Thirty days have elapsed since the National Indian Gaming Commission was notified of 

the regulatory agency's intent to issue the license and the National Indian Gaming 

Commission has not responded; or 

3. The National Indian Gaming Commission timely objected to the issuance of the license, 

the regulatory agency has reconsidered the application in light ofthe objections received and 

has determined that the applicant may be licensed notwithstanding those objections. 

e. The regulatory agency shall promptly notify the applicant that the application is approved and 

shall issue the license. If a temporary license was previously issued, the effective date ofthe license 

shall be the date the temporary license was issued. 

f. The gaming enterprise shall not employ as a gaming employee a person who has not received 

either a temporary or regular license. 

g. If the regulatory agency denies any application for a license under this Article, the regulatory 

agency shall, within seven calendar days, notify the applicant that the application was denied and 

specify the reasons, including information concerning any criminal conviction(s), which prompted 

the denial. The notice to each applicant shall also inform the applicant of the applicant's right to 

request a hearing and appeal provided in Article XII. 

h. If a license is not issued to an applicant, the regulatory agency: 

1. Shall notify the National Indian Gaming Commission; and 

2. May forward copies of its eligibility determination and investigative report (if any) to the 

National Indian Gaming Commission for inclusion in the Indian Gaming Individuals 

Records System. 

i. With respect to key employees and primary management the regulatory agency shall retain 

employment and reports (if any) of background investigations for inspection by the National Indian 

Gaming Commission or his or her designee for no less than three years from the date of termination 

of employment. 

10.1 1. Licensing Period. Any gaming employee license issued pursuant to this Article shall be effective for 

a period of one year from the date of issuance and shall contain the licensee's photograph and shall state on 

its face the name of the gaming employee, the gaming facility at which the gaming employee is licensed to 

work, the type of license, the date that the license became effective and the date that it expires. 

10.12. Renewals. A holder of a gaming employee license shall apply to the regulatory agency for a renewal 

60 days before his original license has expired and updating all information contained in the original 

application. Temporary licenses may be granted where the holder of a gaming employee license has timely 

renewed a license but the renewal application has not been reviewed by the regulatory agency. A holder of 

a gaming employee license may be issued a temporary license where the renewal was not timely filed, 

provided that the regulatory agency may assess fines as a result of failure to timely renew. 

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10.13. Requirement to Produce License Upon Request. Any person receiving a gaming employee license 

must carry that license upon his person during all working hours and must produce that license upon the 

request of any person. 

Article XI. Vendor License 

1 1.01. General - Types of Licenses. All vendors contracting with the gaming enterprise are required to be 

licensed. These licenses shall be broken into the following categories - gaming vendors, non-gaming 

vendors, and service vendors. The regulatory agency shall be required to develop a vendor license inquiry 

form which would tend to identify the type of license required and cause to be forwarded an application for 

that license to the vendor. 

11.02. Service Vendor Permits. Vendors contemplating $50,000 or less of business with the gaming 

enterprise and who enter into contracts not related to a gaming service or gaming equipment or supplies, are 

required to maintain a service vendor permit. The regulatory agency shall define processes in regulations 

which set forth how the amount of business conducted with the gaming enterprise will be calculated. The 

regulatory agency shall create application forms which tend to identify appropriate levels of information from 

which to issue a service vendor permit. 

1 1.03. Non-Gaming Vendors License. Vendors contemplating greater than$50,000 of business with the 

gaming enterprise during the fiscal year, and who enter into contracts not related to a gaming service or 

gaming equipment or supplies, are require to maintain a non-gaming vendors license. Non-gaming vendors 

shall be required to fill out the same form required for a gaming vendor's license, provided that, the 

regulatory agency shall clearly identify the level of background investigation that will be conducted. The 

regulatory agency may identify specific exceptions to the background investigation for vendors which 

conduct business activities in highly regulated areas such that the presentation of a permit, license or other 

document is sufficient to identify that a background investigation is unnecessary; provided that, the 

qualifications for any exceptions shall be clearly identified in regulations. 

I 1.04. Gaming Vendors License. Vendors contemplating any business with the gaming enterprise that 

contains any element, which includes the supply of gaming services, equipment, or supplies regardless of 

value or proportion ofthe contract, are required to maintain a gamingvendors license. The regulatory agency 

shall identify appropriate levels of information and releases necessary to assure the integrity of the vendor 

in suppling gaming services or gaming equipment or supplies. 

Article XII. Denial/Suspension/Revocation of License; Right to Appeal 

12.01. License. This Article shall apply to the denial, suspension or revocation of any license by the 

regulatory agency under Article X or XI. 

12.02. Hearing upon Denial oflicense. Any applicant who is affected by an adverse action by the regulatory 

agency in connection with denial of a license applied for under this ordinance may request a hearing before 

the regulatory agency by written request submitted within 30 days following notice of the action by the 

regulatory agency. Within 14 days following receipt of a notice requesting a hearing, the regulatory agency 

shall afford the applicant an opportunity to appear and be heard before the regulatory agency, in person or 

with a representative or legal counsel, and to submit such evidence as the applicant or entity deems relevant 

in the matter. The regulatory agency may receive evidence from the applicant or licensee, the Tribe, 

regulatory agency or any person or entity that the regulatory agency deems relevant to the matter. The 

regulatory agency shall either affirm or reconsider its decision to deny the license within seven days 

following hearing. 

1 2.03. Suspension of License. 

a. Any license may be temporarily and immediately suspended by the regulatory agency for not 

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more than 30 days if the regulatory agency receives reliable information that any of the following 

have occurred: 

1. The licensee has been charged with a violation of any gaming law under applicable 

Tribal, state or federal law. 

2. The licensee has been charged with any other offense that would disqualify the licensee 

from holding a license under applicable Tribal law. 

3. The licensee's continued employment poses a threat to the general public. 

4. The licensee has knowingly made a material false and misleading statement in his license 

application. 

5. The licensee has participated in unauthorized gaming activity whether or not regulated 

by this ordinance. 

6. The licensee has refused to comply with any lawful order of the regulatory agency, the 

Tribal Court or the National Indian Gaming Commission. 

b. Except as provided in paragraph (d), the regulatory agency shall only suspend a license after 

notice and hearing. 

c. In the event the regulatory agency receives reliable information that a licensee no longer meets 

all or part of the criteria required for issuance of a license, the regulatory agency may issue a Notice 

of Intent to Suspend the license which shall be served upon the licensee and the general manager. 

The Notice of Intent to Suspend shall state the grounds upon which it is issued. The Notice of Intent 

to Suspend shall inform the licensee of the date and time set for the hearing and of the licensee's 

right to offer sworn oral and documentary evidence relevant to the grounds upon which the Notice 

of Intent to Suspend was issued. 

d. In the event the regulatory agency receives reliable information and determines that any a licensee 

no longer meets all or part of the licensing criteria for the issuance of a license or that noncompliance is a direct and immediate threat to the peace, safety, morals or health or welfare of the 

community, the regulatory agency shall issue a notice of summary suspension of a gaming license 

which shall be served upon the licensee and upon the general manager. The Notice of Summary 

Suspension shall state the grounds upon which it is issued and the revocation hearing date and time. 

The licensee shall cease and desist as directed in the order upon receipt of the order. The Notice of 

Summary Suspension shall notify the licensee of his right to request a hearing before the regulatory 

agency within 14 calendar days and right to offer sworn oral and documentary evidence relevant to 

the grounds upon which the Summary Suspension was granted. 

e. The regulatory agency, upon written agreement of the licensee, may move up the date of the 

Notice of Intent to Suspend or Notice of Summary Suspension hearing in the event of an earlier 

conclusion of the investigation. 

f. The licensee may file an immediate appeal with the Tribal Court of the regulatory agency's 

decision on any suspension of a gaming license and the Tribal Court shall hear the appeal within 14 

calendar days of its receipt of the appeal. 

12.04. Revocation of Gaming License. 

a. Any gaming license may be revoked by the regulatory agency if, following the hearing described 

in paragraph (b), the regulatory agency finds that any of the following have occurred: 

1. The licensee has violated any gaming law or regulation. 

2. The licensee's continued employment poses a threat to the general public. 

3. The licensee made a material false and misleading statement in a license application. 

4. The licensee participated in an unauthorized gaming activity whether or not regulated by 

this ordinance. 

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5. The licensee wilfully refused to comply with any lawful order of the regulatory agency, 

the Tribal Court or the National Indian Gaming Commission. 

b. In the event the regulatory agency receives information indicating that any licensee has 

committed any of the violations stated in paragraph (a) or that non-compliance with this ordinance 

is a direct and immediate threat to the peace, safety, morals or health or welfare of the community, 

the regulatory agency shall issue a notice of intent to revoke the gaming license which shall be 

served upon the licensee and upon the general manager. The order shall state the grounds upon 

which it is issued and the licensee's right to a hearing before the regulatory agency within 14 

calendar days and right to offer sworn oral or documentary evidence relevant to the violation 

charged. Subject to review by the Tribal Court, a license may be suspended during such pre-hearing 

period by the vote of a majority of the members of the regulatory agency then in office where such 

extraordinary action is essential to protect the public safety or the integrity ofgaming; a license shall 

be suspended during such period as required under IGRA if the revocation hearing arises as a result 

of notice from the National Indian Gaming Commission. 

c. The licensee may file an immediate appeal with the Tribal Court of the regulatory agency's 

decision under this Article, including the decision to issue a temporary suspension issue and the 

Tribal Court shall hear the appeal within 14 calendar of its receipt of the appeal. 

12.05. Appeal to the Tribal Court. Subject to the burden of proof set forth in this ordinance, a finding or 

licensing decision ofthe regulatory agency, including but not limited to a decision to deny, suspend, revoke, 

modify or condition any license pursuant to this ordinance, may be appealed to the Tribal Court by the 

applicant or licensee. In all appeals before the Tribal Court, there shall be deference given by the Tribal 

Court to the determination ofthe regulatory agency as the agency charged with responsibility for interpreting 

its own regulations. The Tribal Court does not have authority to grant injunctive relief authorizing a return 

to work pending any appeal. The Tribal Court review of Gaming Commission hearing determinations are 

limited to interpretation and application of law or regulation. The findings of fact made by the Gaming 

Commission are not subject to review or appeal. The decision of the Tribal Court shall be final. 

12.06. Notice to NIGC of Revocation. After a revocation hearing and the regulatory agency determination 

to revoke and, after appeal, that decision is upheld, the regulatory agency shall notify the National Indian 

Gaming Commission of its decision. 

Article XIII. Patron Complaints 

13.01. Resolution of Disputes Between the Gaming Public and the Gaming Enterprise. Disputes between 

a patron and a gaming enterprise shall be resolved as follows: 

a. The patron shall have the opportunity to present hislher complaint, verbally or in writing, to the 

general manager of the gaming enterprise or a person designated by the general manager to resolve 

complaints by patrons. 

b. If the complaint is not resolved under paragraph (a) to the satisfaction of the patron, helshe may 

file a written complaint with the regulatory agency. The regulatory agency shall provide the patron 

with a complaint form which requests the sufficient information to conduct an investigation. 

c. The regulatory agency shall have processes in place, through regulations, to review and, if 

necessary, hold hearings in regards to patron complaints. 

Article XIV. Tribal Employees Prohibited from Gaming 

14.01. Prohibition Against Participation in Gaming Related Activities at the Gaming Enterprise. This 

Article shall identify employees of the Little River Band of Ottawa Indians who shall be prohibited from 

participating in gaming activities at the gaming enterprise. Such prohibition is limited to gaming activities, 

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Ordinance # 02-400-01 

Amended: March 23,2005 
and does not extend to conference, training, dining, hotel and other non-gaming activities. 

14.02. Employees Prohibited. The following elected and employment positions are prohibited. The position 

names shall be for the purposes of identification and shall include any reasonably related position title that 

may be created in the future. 

a. Tribal Council members and office support staff. 

b. Ogema and executive assistant. 

c. Tribal Court and Tribal Court support staff. 

d. Legal Department, including all attorneys and support staff. 

e. Chief Financial Officer, Controller, Budget Manager, and Staff Accountants. 

f. Tribal Manager, Tribal Assistant Manager, executive assistants. 

g. Comptroller General, auditors, and Internal Audit Department support staff. 

h. Public Safety Department, officers and support staff. 

i. Management Information Services, or other networking/computer service office or personnel. 

j. All Little River Casino Resort employees. 

14.03. Prohibition on Gaming Commission Personnel Participating in Gaming Activities. No commissioner 

or Gaming Commission employee may participate in any gaming activity of the Little River Casino Resort 

or any gaming enterprise of the Little River Band of Ottawa Indians, unless as part of a job related duty. 

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