September 24, 1993 

Ralph C. Darden 

Chairman 

~hitimacha Tribe of ~ouisiana 

P.O. Box 661 

Charenton, LA 70523 

Dear Chairman Darden: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on June 21, 1993 and amended on 

September 21, 1993 for the Chitimacha Tribe of Louisiana. This 

letter constitutes such approval under the Indian Gaming Regulatory 

Act (IGRA) . 

Under the IGRA and the regulations of the National Indian Gaming 

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

with respect to the requirements of that Act and the implementing 

regulations. Thus, the scope of the Chairman's review and approval 

is limited to the requirements of the IGRA and the NIGC 

regulations. Such approval does not constitute approval of 

specific games. 

The NIGC expects to receive the applications for key employees and 

primary management officials under 25 C.F.R. 5 556.6 (as published 

in the Federal Register on January 22, 1993, at 58 Fed. Reg. 5813) 

and fingerprint cards under NIGC Bulletin No. 2 which was sent to 

all tribes in July. Provisions other than those required under the 

IGRA or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. This approval 

constitutes approval for class I1 gaming and class I11 gaming. 
Thank you for submitting the ordinance of the Chitimacha Tribe of 

Louisiana for review and approval. The NIGC staff and I look 

forward to working with you and your Tribe in implementing the 

IGRA . 

Sincerely yours, 

/i-*--

G6thdi J Hope 

cc: Guy Michael, Esq. 
TRIBAL CENTER P. 0. BOX 661 

CHARENTON. LA. 70523 

CHITIMACHA TRIBE OF LOUISIANA 318-923-4973 

CHITIMACHA TRIBAL COUNCIL 

ORDINANCE # 11 -93 

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 I of the Constitution and Bylaws 

adopted by the People of the Chitimacha Tribe and approved by the Secretary 

of the Interior, and 

WHEREAS, the Chitimacha Tribal Council, being the governing body of a sovereign 

nation, has the authority and responsibility of providing for the health, 

education, safety and welfare of the Chitimacha People, and 

WHEREAS, in providing the aforementioned services, the Tribal Council has the 

responsibility of ensuring the protection of the individual rights of its members, 

and 

WHEREAS, on May 10,1993, the Tribal Council enacted the revised edition of Title 

XII - Gaming Ordinance of the Chitimacha Comprehensive Codes of Justice by 

the adoption of Ordinance # 9-93, and 

WHEREAS, the Tribal Council recognizes the need that Sec.'s 204,205,217,218,219, 

220, 221, 222, 223, 410, 412, 505, and 51 l(K)(L)(M) be revised, and 

THEREFORE BE IT RESOLVED, that the Chitimacha Tribal Council hereby enacts 

these revisions to Title XII - Gaming Ordinance by adoption of this Ordinance, 

superseding and repealing same as previously enacted. 
ORDINANCE # 11-93 

PAGE TWO 

BE IT FURTHER RESOLVED, that the newly revised Title XII - Gaming 

Ordinance, shall become effective upon approval of same by the Chairman 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 4 were present at a 

special meeting, called, convened and held this 14th day of September , 1993, and 

that the foregoing ordinance was duly adopted at such meeting by the affirmative vote 

of 3 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: 

Peggy ~&Y, secretddry-~reasurer Ralph C. Darden, Chairman 'i 
TITLE XI1 GAMING ORDINANCE 

Licensing and Regulation of Bingo and Other Games of Chance 

CRcvLed by Ordinma I 4-00, &lo@: Novsmbrr 7,lW Efbethw ?.ku y 3.1993) 

CEKAPTER 1. FIM)INGS 

(Rcvised by Ordinaoa 1 4.90, Adoptrd: November 7,1990; EITective: Februuy 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 (19871, 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 prohibit the activity; and 

(C) That the United States Congress has recently enacted Public Law 100-497, codified at 25 

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

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

of the Tribe; and 

(Dl That the terms of the Compact governing Class Ill 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) llat Tribal regulation of gaming activity on the Reservation is vital to the protection of 

Chitimachn Compmbenaive Code4 of Justice 

Adopted: December 5,1989; EYfective: August 14,1890 

Title W 

Page 1 
Reservation lands and the interests of the Tribe and its member,. 

!Ada by Ordinma # 4.90; Adoed: Noverntcr 7,1990; ERcctiw: February 3,1993; Revibcd by ;Adopkd: Efleaivc: 

) 

Aa used in this ordinance, the following terms shall mean: 

- Act. 

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

(Added by Ordinanac t 4-90; Adopted. November 7,1990; Effective: February 3,1993; Revised by ;Adopted: Ellective: 

Sec. 202. Appurtenant Parking Facili tier. 

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

to facilitate patron transportation and parking at the gaming facility. 

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 1 4-90; Adopkd. November 7,1990; Effdive. February 3,1993;Revised by Adopted: Ektive: 

Sec. 204. Class Il Gaming, 

Class I1 gaming as defined in accordance with the Act at *25 U.S.C. 2703(7X.4) including, but 

not limited to: 

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

Chithchn Comprehemive Cod- of Jastim 

Adopted: December 6,1989; Mective: August 14,1990 

Title XII 

Page 2 
connection therewith) when playen: 

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

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

are drawn or electronically determined; and 

(3) Win the game by being the first person to aver a designated paam on such car&. 

(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 Ordinanm 14-90: Adopted. November 7,1390; Effective February 3,1993;Rcviwd by Adopted: ;Effective: 

.Fkv~wd by- Adop~ed. ,EfTcctive. ) 

Sec. 205. Class III 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(aX1) and electronic or electromechanical 

facsimiles of any game of chance. 

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

(DJ Lotteries. 

'Added by Ordinance 14-90; Adopted- Novembcr 7,1990; Efleclive: February 3,1993; Rcmsed by ,Adopted: .Effective: 

,Renscd by: Jdop~ed: ; Eflective: ) 

Chitimcha Comprehensive Coder d Justics 

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

Title XII 

Page S 
_ -. 

._ __ ___ _.-&-I--- - -- -- . - -. - -_ _ - _---. ------ - ---- _ -- ---L--.----..--- 'YU- --.I

Sec.208. Comvact. 

The Tribal-State Compact for the Conduct of Class I11 Gaming bet, 

of Louisiana and the Stat4 of Luuisiana signed on February 15,1993. 

(Added b.r Ordd~ H-m Adow Mmkr 7.1W Wkctivr: 3,109SP.rbsd 

1 

Sec. 207. Gaming Premlser. 

Any room or rooms in which Class I1 or Class I11 gaming is conduc 

including contiguous patron food, beverage and service facilities. 

(Added by Ordinance 14-90; Adopted November 7,1990, Effect~ve February 3, 1993.Rewsed b 

1 

Sec. 208 Gross Revenuer. 

(A) For the purposes of Chapter 4 of this Ordinance, the total amoc 

all Class I1 games, authorized by and conducted pursuant to Chapter 4 oft 

(B) For purposes of Chapter 5 of this Ordinance, the total amount ( 

all Class 111 games authorized by and conducted pursuant to Chapter 5 of 9 

(Added by Ordinance 14-90; Adopted: November 7,1990; EMive: Febmuy 3.1993,Skised by 

1 

Sec. 209. Lmmediate Family. 

Parent, spouse and children residing in the immediate household. 

(Added by Ord~nance *4-90; Adopted November 7.1990, Effect~ve February 3.1993.FLevrscd by 

) 

Sec. 210. Manager. 

The party entering into a management agreement with the Tribe for 1 

or Class 111 gaming in accordance with this Ordinance. 1 

!Added by Ordinance 14.90; Adopted. Novernbcr 7,1990; Effective: February 3.1993;Rebised by 

1 

Chitimacha Comprehensive Coder of Justice 

Adopted: December 5,1989; Effective: August 14,1990 
The National Indian Gaming Commission established punuant to 25 U.S.C. 2701. 

WUbl )rdo* EWr* 1 

Sec 21% pet Revenuer, 

(A) Por purposes of Chapkr 4 of this Ordinance, grosa revenues of Class 11 gaming activiv 

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

attnbubble in accordance with generally accepted casino accounting principles of the Amencan 

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

(B) For purposes of Chapter 5 ol his Ordinance, gross revenues of Class Ill gaming activiV 

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

attributable in accordance ~ith generally accepted casino ~ccounting principles of the .hencan 

Institi~tq of Certified Public .4ccounhnts to the operation of Class Ill gaming acti~ly. 

(Add4 by .4&pd: ZRaiivt: ) 

SC. 213 Reservation. 

The Chttirnacha lndian Reswation. 

Ad& by .\Jcpcrd EIIbl~ve J 

Tide XII 

Pago 5 
The Sccrebry of' the United Statts Deparlmcnt of the Interior. 

(Added by Ado@: ;tflaccLr* 1 

!k. 215 Qlot Mlcbtner, 

Any mechanical, electrical or other device, eontrivanca or m~hinr which, upon insertion dr 

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

whatsoever, is available b play or operetz, the play or operetion 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 

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

merchandise or any thing of value whatsoever, whether the payoft is made autameticaily from he 

machine or in any other manner whatsoever. 

'Added by Adopted: J~Tectivc: 1 

SC. 2 17 Total Operating Exjxnse~, 

All cos~ associated u~th and attendant to the carrying on of g3ming ~ct~vity and those jen'ces 

associated with same. 

.Ad44 by -4hpcrd. I.?k.~vr. ,Plnud 51. -4bplrd: S.7cr.:ve: 

see* 2 i 3 Traditional Forms of tndian Carning. 

(A) Gaming act~nties such as *st~ck' or games played as part of tr~bal ceremonies, 

Cbithach. Cornprebe~i~a C& of Justim 

Adopted: hzmbtr S,19m Eflective: .4urrR( 14.19% 
(8) Gamer ruch ra rodeo6 or how ram, including thw for which purse1 or pn'uc rro 

awnrded, that are playcd s3 pad of tribal ceremonies, celebrotions or powwows. This docs not include 

Class I1 or Clasr Ill games operrkd prior to r ceremony, celebration or powwow for the puv d 

riling hndr for the ceremony, akbrrtioo er powow; hw u9 conridered C\ur Il or (3~ ffl 

gamer. 

(Added by Adopctd: EWv*. Pcviwdb A&& .miw. 1 

sc* 219 Tribal Commission, 

The Chitimacha Gaming Commission. 

(Added by Adoptrd. Ifli~live. .Remud by. Adopkd: ,Eflcctivc: ) 

Sec. 2 20 Tribal Council. 

The Tribal Council of the Chitimacha %be of Louisiana. 

(Added by Adopt~d .Eflm-tlvc ..bnwd by Adopled Eflc-~~ivc ) 

SCC. 22 1 Tribe. 

The Chitirnacha Tr-ibe of Louisiana. 

'Add4 by Adopad: ,ERaciivc Pcnxdb AQptrd: Pflertivr: 1 

SCC. 301. Regulation of Clasa 1 Gaming, 

Thrs T.tle doe3 not apply to CIass I ,tnmrng 33 iefined :n Chapter 2, except as provlded !n this 

jectlon. The Tnbe reserdes the right 3 ,njpa fie ?remises where the Class I game is held and to 

>brain and revlew financial ~nforrnat~on concerning .he 23me in srder M determine uhether lt meets 

the defin~tlon of a Class I game In addition, Class 1 games may be jub~ect to other tnbal ordinances 

Chitinuch. (hrnprrheruive Code, d Justim 

Adopted* &ember S,1989; Meztivs: Augusi 14.1930 
and regulations designed to protect the health and welfare of tribal members. 

!Added by Ordinancs 41-90; AQptcd: Novernhr 7.1990; Eflectivc: Febmary 3.1993) 

CEAP'IXR 4. CLASS U GAMING 

(Revised by Ordinance 4400. AQpbd: Novtmkr 7,1990; EfkUve: Pebru y 3,1995) 

Sec 401. Regulation of Claw II Gaming. 

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

(Revised by Ordinance 14-90; Adop~ed November 7,1990; Erective. February 3.1993) 

Sec. 402. Ownership of Class Ll Gaming. 

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

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

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

1.4ddcd by Ordinance 14-90 Adopkd November 7,1990. Efict~vc Fcbruary 3.1993) 

Sec. 403. 1,icenses 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 Iwation liensed, a sworn application must be filed with the Tribal 

Commission that contains a hll 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 such premises, or lessee of such premises, for at least the term of the license. 

t 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 Tnbal ofice and on the premises where the games are to be held for at least 30 days prior 

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

Cbitimecha ~omprehemive Cod- of Jdca 

Adopted: December 5,1989; Effective: Augu~t 14,1990 
the Resentation. The notices shall state the date, time and place when the application shall be 

considered by the Tribal Commission pursuant to Section 405. 

Sec 404. Licenbe Fees and Duration of License. 

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

December 31st of the calendar year in which it is issued. 

(Added by Ordinanae 14-90; Adopted. November 7,1990; Erective: February 3.1993) 

Sec. 405. Hearing on Application 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. AfLer 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 Tnbal Commission member. 

(Added by Ordinam 14-90; Adopted: Novemter 7,1990; Endive: February 3,1993;Revised by Adophd: Endive: 

) 

Sec. 406. Conditions of the Tribal License. 

Any tribal license issued 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 oficers. 

Cbitimacha Comprehensive Codea of Justioe 

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

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

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

(Dl There shall be no discrimination in operationr permitted under the tribal license by reason 

of race, tolor or creed, provided, however, that a licensee ahan give r preference in employment to 

Indians. 

(El No person who is under the age of21 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 

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 chants. 

(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 ta participate in the activity. 

(GI 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, 

wlthout 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. 

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

Chitimacha Comprehensive Codes of Justica 

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

Title M 

Page 10 
. * . . &--I - 

1 -.ru~.c.-~~-.- -- --* 

be called in play shall be the same weight as each of the other balls or de . in that game. Immediately following the calling of each number in a bingo g 

the portion of the ball or other devica used to determine which number ia 

number and letter tb the participanb in the game so that participants ma . number has been called out. Nothing in this don shall prohibit the w 

other technological aids in games of bingo or other games of chance provide 

properly and fairly. 

(J) No beverage containing alcohol, Including but not limited to beer 

or awarded as a prize or in lieu of a prize for winning at any of the activities 

(K) No firearms, or guns which are capable of discharging danger0 

but not limited to b.b.'s or C02 guns, rifles, shotguns, pistols, or revolvers, sh 

as a prize or in lieu of a prize for winning at any of the activities authorized' 

(L) No person involved in the operation of any activity authorized bj 

directly or indirectly, in the course of such operation employ any device, scheml 4 

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

t I 

not misleading in consideration of the circumstances under which such statemi 

in any act, practice, or course of operation as would operate as a fraud or de~ 

lAdded by Ordinance 14-90; AdopLed: November 7,1990; Erective: Feb~nry 3.1993. Revised by 

Sec. 407. Assignment or Transfer. 

No license issued under the ordinance shall be assigned or transfene 

approval of the Tribal Commission expressed by formal resolution. 

(Revised by Ordinaoe 14-90; Adopted. November 7.1990: Eredive: February 3.1993; Reviwd by 

) 

Chitimacha Comprehensive Cod- of Juetica 

Adopted: December 6,1989; Mective: A- 14,1990 
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 

rhdl be legally responsible for any violation of this Title. Any licenm iesued hereunder may be 

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

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 14.90; Adopkd: November 7,1990; ElTective. February 3.1993; Rcv~sed by ;Adopted: %flective: 

) 

!kc. 409. Uses of Net Revenues of Gaming Activities. 

Net revenues of the gaming activity aber 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; 

1 D) to donate to charitable organizations; or 

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

(Added by Ordinance 14-90; Adopted: November 7,1990; Effective: February 3,1993) 

Chitimacha Comprehensive Cod- of Justica 

Adopted: December 6,1989; Eflective: August 14,1990 

Title MI 

Page 12 
Sec. 4 10. 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 user of the net revenues and all contractr for amounts in excess d 

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

(Added by Ordinma 14-90. Adopted: November 7.1990; Effective: Februuy 3.1993&viaed br ;Adopted: ;Efktiw: ) 

Sec. 411. Reports to the Tribe. 

Each licensee shall submit to the Tribal Commission, on a monthly basis, a financial report 

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

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) Cross receipts for each month. 

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

(Dl All expenses in the operation of the games, specifyrng all payments to vendors and 

con tractors. 

(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. 

(HI All expenditures of net proceeds including the amount, person or organization paid. date, 

and purpose of such expenditures. 

<Added by Ordinance 14-90; Adop(Pd: Nove 7.1990; Ektive: Februzuy 3.1993; Revised by .\dopted: EVective: 

) 

Chitimacha Comprehensive Coda of Justica 

Adopted: December 6,1989; Effective: August 14,1990 

Title 2U3 

Page 13 
Sec. 4 12. Investlgs tlons, oversight, end licensing of primary management 

officials and key employees of the gaming activity, 

Before hiring any primary management official ot other key employee of the Class I1 gaming 

activity, the Tnhl Commisrion shall eonduct a background inveatiqation of that individual in 

accordance with the procedures and standards contained at Section 511(Kl of this Ordinanax 

(Added by Otdinu~x H-90; Adopted: Nommbrr 7,1990; EMivc: Februuy 3,1993; Rcviwd by ;Moptcd: %beivs: 

;Revied by: Adapted: $fledin: ) 

Sec. 413. Management Con tracts. 

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

for the operation and management of a Class 11 gaming activity. All such contracts are subject to the 

approval of the National Indian Gaming Commission. 

(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 foward 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 

tinancial reports submitted to the Tribe on a monthly basis. 

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

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 Ordinane 14-90; Adopted: November 7,1990; Eflecttve: February 3,1993) 

Chitirnacha Comprehensive Codes d Jusiica 

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

Title W 

Page 14 
Sec. 414. Criminal penaltier. 

Operation of Class I1 gaming activity without a license shall constitute a Class A 

Misdemeanor. Violation of any other provision of Chapter IV of this Title hall constitub i Class B 

Misdemeanor. 

(Added by Ordin- 14-90. Adopt4 November 7.1W, EWve: Ftbruuy 3.1993) 

CHA?"IXR 6. CLASS III GAMING 

(Added by Ordinme #4-90; Adopkd. November 7.1990; ElTertive. February 3,1993) 

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

The Tribe hereby authorizes Class 111 gaming in accordance with the Compact and the 

Appendices attached thereto. The Compact is hereby incorporated by reference as if set forth fully 

herein and is enacted as a part of this Ordinance. No Class 111 gaming shall be conducted except in 

accordance with the Compact. 

~Addcd by Ordinancr 14-90; Adoptrd. November 7.1990; Eflcctive. February 3,1993; Revised by Adopted: Sflective: 

) 

Sec. 502. Authorized Clasa KIl Gamer. 

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

(A, Blackjack 

(B) Roulette 

(C) Craps 

(Dl Poker 

IE) Baccarat 

rF) Mini-Baccarat 

(GI Keno 

Chitimnch. Comprehensivs Coder of Jumtica 

Adopted: December 6,1989; Effective: Aqpd 14,1990 

Title XII 

Page 16 
(H) Acey-Ducey (Red Dog) 

(I) Chuck-a-luck 

(J) Sic-bo 

(K) Pai Cow 

(L) Any lottery game 

(MI On reservation and off-track pari-mutuel betting on horse racing, dog racing or other 

animal races 

(N) Pari-mutuel betting through simulcasting on those races authorized in Section 502(M) 

above 

(0) Pari-mutuel betting by telephone on those races authorized in sub-section 502(M) above 

(P) Any other Class I11 game which is offered or conducted by any other gaming entity in the 

State in any manner and in any form 

(Q) Any other banking or percentage game which is played with cards or dice 

(R) .by electronic, electrical, or mechanical device or machine played for money, property or 

any thing of value, including slot machines. 

(Added by Adopted: ;EITectivc: ) 

Sec. 503. Class TI Gaming Unaffected. 

Nothing in this Chapter 5 is intended to, nor shall it be interpreted to, interfere with or 

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 Adopled: Efleclive: 

Sec. 504. Management Agreements Authorized. 

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

for the management of Class 111 gaming. hy such contract shall conform in all rl.spects kith the 

Chitimacha Comprehensive Cod- of Justice 

Adopted: December 6,1989; Effective: August 14,1990 

Title XII 

Page 16 
. -_ _ _..__ .* ----- -I -- * - -.-.----".,., _. - --- -- _- - -- - -.---C1II1-- 

- - . . .- . . .- --.* -. .- ____. -_ .- - -- ----- - --- I 

requirement5 of the Act, including submission to and approval of the Triba' 

Chairman of the National Indian Gaming Commission, pursuant to 25 U.S.C. 

must provide, at a minimum: 

(A) For adequate accounting pdures that are maintained .nd f 4 

reports that are prepared, by or for the Ihi Council on a monthly basir; I 

(B) For access to the daily operations of the gaming to the Ihil Ch I 

have a right to verify the daily gross revenues and income made ftom any suc I 

(C) For a minimum guaranteed payment to the Tribe t h a t h a s prefere I 

of development and construction costs; I 

(Dl For an agreed ceiling for the repayment of development and conr 

(El For a contract term not to exceed five years, except that, upon th 

the Chairman of the National Indian Gaming Commission may authorize a con' 

five years but does not exceed seven years if said Chairman is 3atisfied that 

required, and the income projections, for the particular gaming activity requir, I 

and 

i~ (F) For grounds and mechanisms for terminating such contract, but - 

termination shall not require the approval of the National Indian Gaming COL 

Sec. 505. Sole Proprietary Interest in the Tribe. 

Except to the extent authorized by Section 504 of this Ordinance, the sol 

and responsibility for the conduct of Class I11 gaming is vested in the Tnbe; PI 

nothlng herein shall interfere with the exercise of any secured party of its right 

lease, leasehold mortgage or other financing agreement with the Tribe to enfoml 

in the premises on which such gaming activities may be conducted, or to enfor 

gross revenues of the Tribe from its Class 111 gaming activities for the limited P 

Chitimachn Comprehensive Codes of Jwtica 

Adopted: December 5,lSw Effective: August 14,1990 
of the debt obligations of the Tribe ta 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 Adowd: ZWw: ,Rtvi.bdb ;Moptd %Ifsctiw: 1 

Ap~lication 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 

tb, the funding of health programs and facilities. 

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

business loans. 

(Dl To donate to charitable organizations. 

(E) To help hd operations of local governmental sgencies. 

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

No per capita distribution shall precede the use of net proceeds for general community benefit as 

outlined above. 

(Added by Adopted: Effective: ) 

Sec. 507. Government Contributions. 

The Tnbe shall make quarterly financia] contributions to the State. These contributions shall 

be used ?o offset and defray the expenses of St. Mary Parish resulting from the conduct of Class 111 

gaming. The Tribe shall provide the St. Mary Parish with notice of the date and amount of each such 

Chitimacha Chmprehensiva Codea of Justice 

Adopted: December 5,1989; Enective: Augunt 14,1990 

Title W 

Page 18 
contribution at the time that it is made. These contributions shall not impose any additional 

obligations or liabilities upon the Tribe and shall be limited to the following: 

(A) Commencing the second year of Clam 111 gaming activities, the Tribe shall contribub two 

(2%) percent of the net revenuer from the conduct of Cla~ 111 gaming. 

(B) Commenting the third year of Class 111 gaming activities, the Tni shall contribute four 

(4%) percent of the net revenues from the conduct of Class 111 gaming. 

(C) Commencing the fourth year of Class 111 gaming activities and thereafter, the Tribe shall 

contribute six (6%) percent of the net revenues from the conduct of Class 111 gaming. 

(Added by Adopted: EITestive: ) 

Sec. 608. Audit Authorization. 

Outside audits of Class 111 gaming activity shall be conducted at least annually as required 

by 25 U.S.C. 2710(bX2Kc). 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 

325,000 annually (except contracts for professional legal or accounting services) relating to Class 111 

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

Commission. 

(Added by ,Adopted: EfTective: 1 

Sec. 509. Tribal Gaming 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 associate members 

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

responsibilities. The Chairman shall serve on a full-time basis. All members shall be appointed by the 

Chitimacb Comprehensive Coder of Justica 

Adopted: December 8,1989; Effective: Augwt 14,1690 

Title MI 

Pap 19 
Tribal Council which shall also set their terms of compensation. Prior to appointment, the Tribe shall 

conduct an investigation of the backgrounds and personal histories of candidates for positions on the 

Tribal Commission in order to insure that no person may serve on the Tribal Commission unlesr they 

meet the licensing standard8 otherwise applicable to applicanb for a mil gaming license. Vacanaer 

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 Tnil 

Commission may: 

(A) Be employed in the operations of Class I1 or I11 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. 

(Dl 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 Ado@: Eflectirc: 

See 510. 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 member for a term of one (1) year. 

Nter 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 

Chitimacha Comprehemive Codes of Justics 

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

Title XII 

Page 20 
expiration of a member's term, a vacancy shall be deemed to exist. Members of the Tribal Commission 

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 osa, willful neglect of duty, unfitness for ofice and 

incompetence. Members of the Tribal Commission may be removed without cause by a unanimous vob 

of the Tribal Council. Any member shall automatically forfeit his or her ofice upon conviction of any 

crime enumerated in Title 14 of the Louisiana Revised Statutes which cames 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 Adopled: $ITmtive: ) 

Tribal Commission - Duties and Responsibilities. 

The Tribal Commission shall have primary responsibility for the on-site regulation, control and 

security of the Class 111 gaming facilities and operations. The responsibilities of the Tribal Conlmission 

shall include: 

(A) The physical safety of patrons in the gaming facilities and operation. 

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

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

cashief s cage department. 

(Dl Protecting the gaming facilities and operation from illegal activity. 

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

of notifying the State and, when appropriate, the Tribal Police Department. 

[F) The recording of all unusual occurrences within the gaming facilities and operation. 

Without regard to significance or injury, each occurrence shall be assigned a sequential number and, 

at a minimum, the following information shall be recorded in indelible ink in a bound notebook from 

which pages cannot be removed and each side of each page is sequentially numbered: 

(1) the assigned number; 

Cbitirnach. Comprehensive Cod- of Jdca 

Adopted: December 5.1989; Effective: August 14,1990 

Title MI 

Page a1 
(2) the date; 

(3) the time; 

(4) the nature of the incident; 

(5) the persona or entitier involved in the incident; and 

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

(GI The Tribal Commission shall employ duly qualified Inspectors who shall be independent 

of the gaming premises and operation as well as the management company, and shall be supervised 

by and be accountable to the Tribal Commission. These Inspectors shall provide oversight to the 

services of any management company and any other service entities. These Inspectors shall report to 

the Tribal Commission regarding the failure by the Tribal gaming premises or operation to comply 

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

shall receive consumer complaints within the gaming premises and operation, and shall assist in 

seeking voluntary resolution of such complaints. The Tribal Commission 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 may direct the terms and conditions of compliance to the hibal 

gaming premises and operation. As a condition of employment, Inspectors shall be required to satisfy 

t h e s t a n d a r d s applicable to a Tribal license and a State certification. The terms of compensation ofthe 

Inspectors shall be established by the Commission. 

r H) The Tribal Comn~ission shall be present in the gaming premises and operation during all 

hours of operation through a Commission Inspector, and shall have immediate access to all areas of 

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

Compact and Tnbal ordinances. Any violation of the Compact or Tnbal ordinances by the lhbal 

gaming premises or operation, gaming employee, or any other person, shall be reported immediately 

to the Tribal Commission, and shall be forwarded to the State and the Tribal Police within twenty.four 

(24) hours of the time the violation was noted. 

Chitimacha Comprehensive Codea of Justioe 

Adopted: December 6,1989; Effective: August 14,1990 

Title W 

Pap a4 
(1) The Tribal Commission 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 invobed 

in or benefitting hrn the gaming premibes or operation. The procedures for the imposition of such 

fines and sanctions are as contained in the Appendices to the Compact. 

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

and final dispositions to the State and the Tribal Police. 

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

to Sections 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 Commission 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 

oficials employed at any Class I1 or Class 111 gaming enterprise operated on the Chitimacha Indian 

lands: 

(1) Definitions. 

(a) Key employee means 

(i) A person who performs one or more of the following functions: 

- Bingo caller; 

- Counting room supervisor; 

- Chief of security; 

- Custodian of gaming supplies or cash; 

Chitimacha Compl.ehemive Codes of Justica 

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

Title KII 

Page 23 
- Floor manager; 

- Pit boss; 

Dealer; 

Croupier, 

- Approver of credit; or 

Custodian of gambling devices including persons with access 

to cash and accounting records within such devices; 

(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. 

(b) Primary management officid means 

(i) The person haking 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 oficer or other person who has financial 

management responsibility. 

(2) Application 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 

Chjtimacbe Comprehensive Codes of Justics 

Adopted: December 5,lSSg; ERective: August 14,1890 

Title XII 

Page 24 
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 appropriats Federal, Tribal, State, local or foreign law 

enforcement and regulatory agencies when relevant fo civil, criminal 

or regulatory investigation8 or prosecutions or when pursuant b r 

requirement by a tni or the National Indian Gaming Cornmimion in 

connection with the hiring or firing of an employw, the imuancs or 

revocation of a gaming license, or investigationr of activities while 

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

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

to hire you in a primary management oficial 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) Existingkey employees and primary management oficials 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 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 anRr you begin work. Also, you may be 

punished by fine or imprisonment. (U.S.C., Title 18, Section 1001) 

cd) The Tribal Con~mission shall notify in writing existing key employees and 

primary management oficials 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 

shtemen ts. 

Chitimacha Comprehemive Codes of Justice 

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

Title XII 

Pap 25 
(3) Background Investigatlonr 

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

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

(i) F'ull name, other name8 used (oral or written), social securib 

numbeds), 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 

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 

(1 Nbj 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; 

Chitimecha Compreheneive Codes of Justice 

Adopted: kmhr 5,1989; Fflective: August 14,1990 

Title XII 

Page 26 
(ix) For each misdemeanor conviction or ongoing misdemeanor 

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

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

the date and disposition; 

(XI For each criminal charge (excluding minor traffic charged 

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 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 52'2.200. 

Ib) The Tribal Commission shall conduct an investigation sufficient to make 

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

investigation, the Tribal Conlmission or its agent shall promise to keep 

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

investigation. 

$4) Elidbility Determination 

The T~ibal Commission shall review a person's prior activities, criminal record, 

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

Chitirnacha Compmhemive Coder of Justica 

Adopted: December 6,19=, Effective: Augunt 14,1990 

Title XU 

Page a7 
elipbility of a key employee or primary management official for employment in a 

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 ahall not employ that petson in a key employee or primary management 

official position. 

(5) Procedures for Forwarding Applications and Reports for Key Employees 

and Prim ary Management Officials to the National Indian Gaming 

Commission. 

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

gaming operation authorized by this Ordinance, the Tribal Commission shall 

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. 

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

K16) of this Section to the National Indian Gaming Commission within 60 days 

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

governing Chitimacha Tribal Gaming Ordinance by the Chairman of the 

National Indian Gaming Commission. 

(c) The gaming operation shall not employ as a key employee or primary 

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

(6) Report to the National Indian Gaming Commission 

(a) Pursuant to the procedures jet out in Subsection 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: 

Chitimacha Comprehensive Coder of Justica 

Adopted: December 5,1989; Enective: Augu.st 14,1890 

Title XU 

Page 28 
(i) Steps taken in conducting a backpound investigation; 

(ii Results obtained; 

(iii) Conclusions reached; and 

(iv) The basis for those conclusionr. 

6) 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 noti6 the National Indian Gaming Commission; and 

(ii) 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. 

(dl 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) 

yean from the date of termination of employment. 

(7) Granting a Gaming License 

(a) If, within a thirty (30) day period after the National Indian Gaming 

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

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

management official for whom the Tnbal Commission has provided an 

application and investigative report to the Sational Indian Gaming 

Commission, the Tribal Commission may issue a license to such applicant. 

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

information from the Chairman of the National Indian Gaming Commission 

Chitimacha Comprehensive Codes of Justica 

Adopted: December 6,1989; Effective: August 14,1990 

Title XI1 

PW~ as 
concerning a key employee or a primary management official who in the subject 

of a report. Such a request shall suspend the 30-day period under paragraph 

(7Ka) 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 provides the Tribal Commission with a statement 

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

primary management oficial for whom the Tnbal 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 Commission shall make the final decision whether b 

issue a license to such applicant. 

(8, L i c e n s e S u s p e n s i o n 

(a) If, ahr 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 Subsection rm 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. 

ic) fir a revocations 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. 

Chitimachn Comprehensive Codes of Juaica 

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

Title XI1 

Page 30 
(9) Licenee Locationr 

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

location on Indian lands where Class I1 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 otiicial 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 556.5(b, of the regulations of the 

National Indian Gaming Commission. 

(MI 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 

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

(Added by Adopkd: Erective: .Revisrd by. .4dopkd: Xff~tive: ) 

Sec. 512. Tribal Gaming Commission - Procedures. 

(A) Regular meetings of the Tribal Commission may be held upon such notice, or without 

notice, and at such time and place as shall from time to time 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 

t h e t i m e a n d place thereof. Seither the business to be transacted at, nor the purpose of, any regular 

or special meeting of the Tnbal 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 ofice 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 Conlmission unless the Chairman designates another member to preside 

Chitimacha Comprehensive Cod- of Juetics 

Adopted: December 6,1989; Effective: August 14,1990 

Title XU 

Page 31 
in his absence. 

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

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

or to be taken, at any time before or aber 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 

unanimoua vote or resolution of the Tribal 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 ofwhich all persons 

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

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 511 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 the hearing shall be posted in tb&ibal ofice, 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 Tnbal Commission may take such action with immediate effect as it deems required, and shall 

thereupon prokide notice and an opportunity to be heard to the affected person as soon as is 

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 

Chitimacha Comprehensive Codes of Justica 

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

Title XII 

Pap 32 
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 representetive or legal eoun~l, and to submit such evidence as the TnM Commission 

deems relevant to the matter at issue and thereafter the Tni Commission shall either affirm or 

reconsider ita decision. Any hearing conducted under this subsection 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. 

(GI 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 ;Adopted: ;EfT&ive: ) 

Sec. 513. Authorization to Tribal Commission to Adopt Regulations for Class In 

Gaming. 

Prior to the commencement of Class 111 gaming, and upon the concurrence of the State, the 

Tribe hereby authorizes the Tribal Commission to develop and adopt initial detailed regulations to 

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

the interests of the Tribe and the State relating to Class 111 gaming are preserved and protected. The 

regulations shall maintain the integrity of the gaming operations and shall reduce the dangers of 

unfair or illegal practices in the conduct of the Class 111 gaming operation. The initial regulations to 

govern the operation and management of the gaming operation shall be listed in Appendix C of 

the Compact, and may be revised upon the concurrence of the Tribal Commission and the State. The 

right to object to such concurrence is subject to a prescriptive period of sixty (60) days. 

'Added by Adopted: Eflktive: ) 

Sec. 514. Authorization to Tribal Commission to Adopt Standards and Rules for 

Class III Games. 

Prior to the commencement of Class 111 gaming, and upon the concurrence of the State, the 

Chitimacha Comprehemive Codes of Jwtice 

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

Title XII 

Page 33 
Tribe hereby authorizes the Tribal Commission to develop and adopt initial standards and rules of 

each Class 111 game, which shall be based upon those practiced in Nevada, including wagering or play. 

The State shall review all standards and rules for Class 111 games to ensure that they do not 

Fundamentally alter the nature of the game, and to ensure the games will be conducted fairly, honestly 

and with integrity. Such initial standards and rules of each Clasa 111 game shall b listed in Appendix 

C of the Compact, and may be revised upon the concurrence of the Tribal Commission and the 

State. The right to object to such concurrence is subject to a prescriptive period of ten (10) days. 

(Added by ;Adopted: Jflective: ) 

SCC. 515. Authorization to Tribal Commission to Adopt Procedures for Class III 

Gamin& 

Prior to the commencement of Class 111 gaming, and upon the concurrence of the State, the 

Tribe hereby authorizes the Tribal Con~mission to develop and adopt procedures pursuant to the 

following requirements. All such procedures shall be listed in Appendix C of the Compact and may 

be revised upon the concurrence of the Tnbal Commission and the State. The right to object to such 

concurrence shall be subject to a prescriptive period of thirty (30) days. 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 operation, who because of their criminal histmy or association with a career offender or a career 

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

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

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

Chitimacha Compreheneive Codes of Justica 

Adopted: December 5,1989; Mective: August 14,ISW 

Title XII 

Page 34 
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 Appendix D to the Compact 

(Dl A closed circuit television system shall be maintained in the gaming facilities and 

operation in accordance with the procedures set forth in Appendix D to the Compact. 

(El A cashier's cage shall be maintained in the gaming facilities and operation in accordance 

with the procedures set forth in Appendix D to the Compact. 

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

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

D to the Compact. 

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

procedures set forth in Appendix D 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 laundering, embezzlement, and other criminal activities. 

(HI To ensure the continued integrity of the hibal gaming premises and operation, no 

structural modification within the gaming area shall be made without the consent of the State. 

!Added by Adopted: ,ERgtive: ) 

Scc. 516. 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 Tnbal Counc~l for approval. The Tnbal Council may, during the course of a budget term, 

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

'Added by Adopted. EIT~tive: ) 

Chitirnacha Comprehensive Coder d Justice 

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

Title XU 

Page 36 
Sec. 517 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 I1 and 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 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) All gaming premises that are used in the operation of Class I1 

and Class I11 gaming shall be designed and constructed in such a 

manner as to preserve and to protect the health and safety of the 

public and the environment. All such premises shall comply with the 

standards and procedures established by or 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. 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 law 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 with 

respect to such purchase, sale, or serving. No 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 returned to the minor. 

Title XII, Page 36 
(b) In the event that the State amends the Louisiana Riverbat Eoonomic 

Development and Gaming Control Act or the Louisiana Economic Development 

and Gaming Corporation Act to allow gaming by persons under the age of 

twenty-one (211, then the age limitations in Section 10:(AH3Xa) of the Compact 

and in this Ordinance shall be considered amended to the age authorized by 

the State. 

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

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 lose 

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

insured. 

(b) The Tribe will provide proof to the State 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 

worken' 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 of sovereign immunrty 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 touisiana domiciliary, as well as a provision requiring 

immediate notice ta the State and Tribe of any change in coverage or default 

Chitimacha Compmhensive Codes of Justica 

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

Title MI 

Page 37 
or delay in payment of premium or other occurrence which threaten8 the 

continuity or amount of coverage. 

(e) The Tribe will indemnify, defend, and hold harmless, the claims, damages, 

losses, or expenses including court costs attorneys' fees asserted @net ot 

sdered or incurred by the State or any of them, based upon or arising out of 

any bodily injury or property damage or loss resulting or claimed to result in 

whole or in part From any act or omission whether negligent or intentional of 

the Tribe relating to the inspection of any gaming, gaming premises and 

operation, or the performance of any function or duty provided for under the 

Compact or Tribal ordinances regarding public health, safety, and welfare. 

(5) All Class 111 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 rnanner as permitted at retail businesses in the State. 

1Addc.d by Adopted: .EfTcctive: ) 

SCC. 518. Amendment and Revision of Class 111 Gaming P r o c e d u r e s , S t a n d a r d s , 

Rules and Regulations of Tribal State Compact. 

Consistent with Section 13: (8) and (C) of the Compact, any revision of the procedures, 

standards, rules and regulations relating to Class I11 gaming, may be revised upon the concurrence 

of the Tribal Commission and the State. Written notice for revision shall be provided, which shall state 

the reasons for the request, identify the proposed revisions, and request concurrence for the rebisions. 

Concurrence may be granted in writing, and shall be granted automatically unless a written notice 

of disagreement is provided within the time specified in the Compact. The right to object to 

concurrence is subject to the prescriptive period as provided in the Compact. The laws of the State 

relative to the computation of time shall apply to all prescriptive periods utilized through the Compact. 

When disagreement has been deemed or upon a notice of disagreement, the Tribal Commission and 

the State shall meet within ten (10) days to resolve the differences in good faith. If the differences are 

Chitimecha Comprehensive Cod- of Justice 

Adopted: December 5,1989; Effective: Aqut 14,1930 

Title MI 

Page 38 
not resolved, then the matter shall be resolved pursuant to Section 14: (C) et seq. of the Compact. 

(Addcd by Adopted: ;EITodive: ) 

Sec 619. Authority Given to State of Louisiana to Enforce Tribal-State Com~act. 

In pursuance of an effective cooperative effort by the hi and the State to enawe the 

integrity and proper operation of all Class 111 gaming, the Tni 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 

which 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, finnnciers, as well as the manufacturers or suppliers 

of gaming semices, supplies, and equipment during normal business hours. Any copy 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 hibe h a s h a d a reasonable opportunity 

to challenge the request, pursue the provisions of Section 14:tC) 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. 

(Ci Subject to Section 520 and 522 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. 

(Dl Upon completion, the State shall forward copies of all investigative reports and final 

Chitimacha Comprehensive Codes of Justica 

Adopted: December 6,1989; Enective: August 14,1890 

Tide XU 

Page 39 
dispositions to the Commission. 

(El Any individual, supply, or equipment that violates or does not conform with this Conlpact 

shall be subject to immediak removal from the gaming area to a designated holding area within the 

gaming premises, which is not accessible to the public. Once the individual, supply, or equipment is 

removed to the holding area, specific reasons shall be provided to an Inspector as to why tbe 

individual, supply, or equipment violates or does not conform with the Compact If the Tribe and the 

State disagree on the status of the individual, supply, or equipment, the matter shall be resolved 

pursuant to Section 14:(C) et seq. of the Compact, and the individual supply or equipment shall not 

be returned to the gaming area until the matter is resolved. 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, 

~FJ Not~ithstanding 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. 

(GI Nothing herein shall prevent the Tribe fiom initiating and conducting independent 

investigations and enforcement actions. 

(Added by ;4dopted: JfTective: 1 

Sec. 520. Territorial ~nd General Jurisdiction. 

The Tribe further tinds 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: 

t 1) Accord the fullest mutual respect to the legal institutions and cultural traditions 

of the Tribe and the State, insofar as they are consistent with preserting and 

protecting the health, safety, and welfare of all. 

Chitimachn Comprehenqive Codes of Justice 

Adopted: December 5,198R Effective: August 14,1990 

Title XI1 

Pnge 40 
(2) 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 mechanimr, such as Tribal discussion and consensus, and on nontraditional but Tribally adopted written jurisdictional mechanism8, such as the 

actions of representative bodies like Tribal commissions, boards, or courts, as these 

jurisdictional mechanisms pertain to Tribal jurisdiction over Tribal members. This 

in tent to respect such existing intra-Tribal jurisdictional mechanisms applies 

particularly, but not exclusively, to those related to the 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 TribalState Compact. The Tribe and the State intended and agreed that 

all issues purely of Tribal law are to be determined in accordance with the legal nlechanisms of the 

Tribe, and that all other issues are to be determined in accordance with the provisions of the TribalState Compact and the legal mechanisms of the State. 

(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 hll territorial and subject matter jurisdiction of the Tribe. 

(2) Preserve the full territorial and subject matter jurisdiction of the State. 

(3) Accord the State full territorial jurisdiction as well as concurrent and primary law 

enforcement authority within the lands of the Tribe and the State when exercising any 

subject matter jurisdiction accorded the State pursuant to this 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 

identified as the gaming premises and appurtenant parking facilities. This latter 

Chitimacha Comprehensive Codea of Justice 

Adopted: December 5,1988; Etreetive: August 14,1890 

Title W 

Page 41 
jurisdictional and territorial limitation is likewise applicable to Section 3:(AX3) of the 

Compact and in Section 522(C) of this Ordinance insofar as the subject matter 

jurisdiction accorded to the State concerning criminal law and Class 111 gaming. No 

other extension or expansion of criminal law or Class 111 gaming subject matter 

jurisdiction is consented to nor authorized by thir Ordinance. 

(4) Accord the Tribe, including its duly constituted Tribal law enforcement authorities, 

full territorial jurisdiction, as well as concurrent and secondary law enforcement 

authority within the lands of the Tribe and within any Parishes where they have been 

duly commissioned by a local law enforcement agency, when exercising any subject 

matter jurisdiction accorded the Tribe pursuant to this Tribal-State Compact, or when 

exercising the authority 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 Ill gaming and its impact upon the local communities. 

{Addcdby Adopted: ;EKective: ) 

SC. 521. Criminal Law Subject Matter Jurisdiction Within Gaming Premises and 

Appurtenant Parking Facilities. 

(A) Consistent with the provisions of Sections 3, 4 and 5 of the Compact, the State shall have 

primary criminal jurisdiction 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, on or within that portion of tribal gaming lands that are described in Appendix A of the 

Compact. .by criminal law subsequently enacted or amended by the United States of .America or the 

State jhall be effective wthin this area, and shall be the primary enforcement responsibility of the 

State. 

(B) All federal criminal laws applicable to Indian gaming, lands, or subject matter shall be 

Chitimacha Comprehensive Codea of Justice 

Adopted: December 6,1989; Wective: August 14,1990 

Title XII 

Page 4!J 
fully operative, assimilated as State law, and applicable within all gaming premises and apputtenant 

parking facilities. 

(C) All criminal laws of the hibe that ate written, promulgated, and published in the English 

language, and are not inconsistent with the Constitution or bwa of the United States of America at 

of the State, shall be fully operative, assimilated aa State law, and applicable within all Tribal lands 

within the Reservation inclusive of those gaming premises and appurtenant parking facilities. 

(Added by ;Adopted: ;EITective: ) 

Sec. 522. Law Enforcement Authority Within the Gaming Premises and 

Appurtenant Parking Facilities. 

Consistent with the provisions of Section 3,4 and 5 of the Compact, and within the respective 

applicable territorial limits provided in same, 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 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 oflicers my 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 shall be secondary to that of the State. This 

concurrent law enforcement authority may be initiated in emergency situations by arrest or other 

appropriate action, but otherwise may be initiated or continued only &r immediate and effective 

notice to the Department of Public Safety and Corrections. 

(C) The State shall have primary and concurrent law enforcement authority, and all necessary 

Chitimacha Compmhensive Cod- of Justice 

Adopted: December 5,19@, Mective: August 14,1990 

Title XII 

Page 43 
or helpful powers in connection therewith, to enforce all State and federal criminal lawe made 

applicable by the Compact. Except as stated in Subsection E below, the jurisdiction and law 

enforcement authority accbrded by the Tribe to the State by this rdon (i.e. 522) is limited to the 

territory contained in Appendix A to the Compact and identified as the gaming premisca and 

appurtenant parking facilities. h noted supra., thia latter jurisdictional and territorial limitation ir 

likewise applicable to Section 3: (AX3) of the Compact, and in Section 520 of this Ordinance, insofar 

as the subject matter jurisdiction accorded to the State concerns criminal law and Class 111 gaming. 

No other extension or expansion of criminal law or Class 111 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 Correction. 

(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 each other, 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 provisions for necessary 

funding. Any crossdeputization agreements are subject to Sections 520,521 and this Section and all 

such agreements shall require the consent of the Tribal Council prior to execution. Nothing in this subsection is inknded to confer any additional jurisdiction or authority on the State beyond that which 

is otherwise conferred in other sections of this Ordinance. 

(El 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, bullding, location, storage facility, or place whatsoever, 

wherever, in which might be found any thing, tan~ble or intanpble, produced by, a part of, 

Chitimache Comprehensive Coder of Justica 

Adopted: December 5,1984, Effective: August 14,1990 

Title XI1 

Page 44 
contributing ta. 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 born, a designated &cia1 of the 

hibe. 

(Addedby ;A&*: ;Eflectivo: ) 

Sec. 623. Disposition 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 ;Adopted: Bflectivc: ) 

CHAPTER 6. SELF-REGULATION OF GAhIING ACTIVITIES 

'Added by Ordinanm 14-90; Adopted Novernbcr 7,1990; Effective. February 3,1993) 

k. 601. Petition for certificate of self-regulation. 

Under Public Law 100-497, the Tribe, if it operates a licensed gaming activity pursuant to this 

Title and has operated the gaming activity for at least three years, including at least one year after 

October 17,1988, is elig~ble to petition the Nation Indian Gaming Commission for a certificate of selfregulation. Such a certificate exempts the Tribe from certain regulatory requirements under Public 

Law 100-497. U'hen the Tnbe meets the requirement set forth in Section 11 of Public Law 100-497 

and determine whether it wishes to file a petition for self-regulation. 

'Added by Ordinanm 14-90, Adopted November 7,1990; Effectrve. February 3,1993) 

Chitimacha Compreheneive Cod- of Justice 

Adopted: December 6,1989; Effective: August 14,1890 

Title XU 

Page 46 
CHAPTER 7, NATIONAL INDIAN GAMING COMMISSION 

(Added by Ordinance 14-90; Adopted: November 7.1990; EfTdve: Feb~~ry 3,1993) 

Sec, 701. Authority of the Commirrion. 

Public Law 100-497 create8 the National Indian Gaming Commission and grant8 the 

Commission and its Chairman certain regulatory authority over Indian gaming activities, including 

the authority to: 

(A) hlonitor Class I1 gaming activities. 

(B) Inspect and examine all premises located on Indian lands on which Class I1 gaming is 

conducted. 

(C) Conduct or cause to be conducted such background investigations as may be necessary. 

(Dl Demand access to and inspect, examine, photocopy, and audit all papers, books, and 

records pertaining to the gaming activity. 

!E) Promulgate such regulations and guidelines as it deems appropriate to implement the 

provisions of Public Law 100-497, including regulations for the assessment and collection of civil fines 

against Indian gaming activities as authorized by Section 14 of Public Law 100-497. 

(F) Establish the fees to be paid by Indian gaming activities in order to hnd the Cornmjssion's 

operations. 

(Added by Ordinance 44-90; Adopkd: November 7,1990; Effective: February 3.1993) 

Sec. 702. Failure to cooperate with the Commission. 

All licensees under this 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) 

Cbitimachn Comprehensive Cod- of Juetica 

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

Title XII 

Page 46 
8ec. 709. Commieelon regdatlonr and guideline8 rupereeding thir Title. 

Any regulations and guidelines adopted by the Commission that are inconsistent with any 

provision of this Title shall supersede that provision, unless the Commission grants a waiver. If a 

provision is superseded, the Council shall promptly amend thin Title M, that it conformr ta the 

Commission's regulations and guidelines. 

(Added by Ordinlorn 14-90; Adopted: November 1.1990; Etl'ectiw: February 3,1993) 

Chitimacha Comprehemive Coder of Judica 

Adopted: Decembr 6,1989; Enective: August 14,1990 

Title MI 

Page 47