January 25,2013 

Via US. Mail and Facsimile 

Kathryn Tiemey, Tribal Attorney 

Bay Mills Indian Community 

12140 West Lakeshore Drive 

Brimley, MI 4971 5 

Fax: (906) 248-3283 

Re: Bay Mills Indian Community 

Resolution No. 12-1 1-12-B 

Dear Ms. Tiemey: 

This letter responds to your request on behalf of the Bay Mills Indian Community 

for the National Indian Gaming - Commission Chairwoman to review and avvrove the A 

Community's amendments to its gaming ordinance. The Bay Mills Indian Community 

Executive Council approved Resolution No. 12-1 1-12-B on November 12,2012, amending 

the ordinance. 

Thank you for bringing the amendments to my attention. The amendments are 

approved as they are consistent with the requirements of the Indian Gaming Regulatory 

Act (IGRA or Act) and NIGC regulations. Pursuant to IGRA and NIGC regulations, the 

amendments are approved for gaming only on Indian lands, as defined by IGRA, over 

which the Community has jurisdiction. 

If you have any questions, please contact Staff Attorney Esther Dittler at (202) 

420-9229. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington, DC20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NICC.WV 

REGIONAL OFFICES Portland, OR: Sacramenm. CA; Phoenix. AZ: St. Paul. MN;Tulsa, OK 
3 Bay Mills Indian Community 

12140 West Lakeshore Drive 

Brimley, Michigan 4971 5 

(906) 2484241 Fax49061 248-3283 

RESOLUTION 

Resolution No. 12-1 1-12-8 

Amendments to Gaming Ordinance 

WHElZEAS: The Bay Mills Indian Community is a federally 

recognized Indian tribe with a Constitution 

enacted pursuant to the Indian Reorganization 

Act of 1934, 25 U.S.C. sec. 461, et seq., and 

WHEILEAS: The Tribe regulates gaming on its tribal lands 

under a compact with the State of Michigan and 

under its Gaming Ordinance, and 

WEEREAS: The Executive Council has determined that it is 

in the best interest of the Bay Mills Indian 

Community to update its gaming laws in order to 

clarify regulatory requirements and be 

consistent with amendments to the regulations oe 

the National Indian Gaming Commission. 

NOW, THEBEFORE BE IT RESOLVED. that the Executive Council 

of the Bay Mills Indian Community hereby amends 

the Gaming Ordinance, with additions underlined 

and deletions struck out: 

2.25 "Gamin9 SunDlier" means anv oerson or entitv that 

manufactures or su~wlies uamins eaui~ment, devices, 

wes or services to the Tribe's saminu facilities. 

former 2.25 through 2.34 renumbered as 2.26 through 2.35 

2.36 nlCanufacturern means anv Derson or entitv that 

mufactures cramins devices. comonent Darts or saminq 

ecruiument. which is intended for use or ~lav in the 

Tribe's samincr facilities. 

former 2.36 through 2.55 renumbered as 2.37 through 2.57 

4.12 Term of Office. Each Commissioner shall serve a term 

of four years, commencing on January Ist, or until a 

successor Commissioner is appointed. On January 2, 1998, 

two Commissioners shall be appointed for a term of two 

years, and three Commissioners shall be appointed for a 

term of four years. Thereafter, all Conmussioners shall 

serve four-year terms. The-€e~Reil~s-a~ei~k~e~e-ef-any 

€emissie~er-whe-is-net-a-me~er-ef-~ke-Bxee~%ive-€eane~& 

sha&Z-be-by-rese&utien5. 
Resolution No. 12-1 1-12-8 

4.18 Powers of the Tribal C-ission. * * * 

(Q) To approve or disapprove any application for a 

tribal ganung license and to adowt a schedule of 

fees for each tvwe of license aw~licab. 

4.20 Tribal Ccimmiseion Regulatione. *** 

(B) No regulation of the Tribal Commission shall be 

of any force or effect unless it is adopted by the 

Tribal Commission bv formal action writtea 

rese&ubie~ and subsequently approved by a 

rese&utiea of the Trlbal Councll and fiLe8-fer 

reeerd-in-khe-effiee-ef-khe-TribaZ-Seeretargr 

maintained in the official records of the Tribe. 

5.2 License Required. 

No person shall operate Class 11 or Class 111 

gaming within the jurisdiction of the Tribe unless 

such gaming is licensed by the Tribe Tribal 

Commission. 

(B) A tribal license shall not be reauired for anv 

I aamina activitv or overation: vrovided, 

however. that each Class I aaminq activitv or 

gweration obtain ~rior written authorization 

afficial records of the Tribe and a co~v af which is 

provided to the ~ermittee and the Gamins Commission. 

5.3 Types of Licenses. The Tribe Tribal Corranission 

shall issue each of the following types of gaming licenses : *** 

5 .ll Annual Reports. *** 

-3 - - 

duriag-review-ef-kketappkieatien A listxnu of all 

positions. both licensed and unlicensed. maintained 

bv the facilitv; 

6.2 Application Procedure for Employment. *** 

(B) (11) Each application for a gaming employee license shall be accompanied by an application fee eE-$LQ:QQ at an amount established bv the Tribal 

mission. 

6.3 Review Procedure. 

(A) The Tribal Commission er-i€s-t3esi~ee-sha%L 

Temara-a-eepy-ef-eaeh-appLieatie~-be-a-kribal-er 

skate-&aw-e~fereemeat-ageney-ad-arrange-fer-thak 
Resolution No. 12-1 1-12-B 

4 - - - - - - .- -- reeerh: shall ~esform backsrohnd investisations and issue 

licenses for kev emlovees and ~rimarv manaaemenL 

officials - accordins to reauirements that are at leagt as 

~trinsent as those-contained in 25 C.F.R:-Parts 556 and 

558. as thev mav from time to time be amended. and shall 

follow the wrocedures established in this section. Tke 

€e&ssiea-er-its-deskwee-sha%S-aLse-ee~eaet-eaeh 

(B) An authorized tribal official shall review a nersonls, prior activities. criminal record. if anv. and re~utation, 

habits and associations to make a findina concernins the 

elisibilitv of a kev emlovee or primarv manaaement 

fficial for srantins of a samins license. If the 

zuthorized tribal official. in a~~lvina the standards 

contained in this o dinance and in the Class 111 Gamin 

-q a wi th d 'n 

licensins of a Dewon DO- a threat to the ~~bli~ 

interest or to the effective rmlation of wins, a 

ea tes o r an e enh c s the danaess of unsu itabl e. u ... nfair. or 

illesal wractices and methods and activities in the 

conduct of uamina. the authorized tribal official - -- shall 

not license that Person in a kev emlovee or ~rimarv 

manasement official Dosition. For numoses of thie 

section. the Tribal Commission shall constitute the 

0~ee-these-EWe-~e~ieWS-are-ee~ag~eEed~ UDon cornletion 

ofe criminal record and emlovee reference reviews, the 

Commission shall review the findings and either grant or 

deny the license, if one is required by this Ordinance, or 

advise the Primary Management Official that the 

applicant's information has been reviewed and there exists 

no barrier to employment. The applicant shall be notified 

in writing of the Conrmissionqs decision. If the 

Commission votes to deny a license, it shall include 

within this notification the specific reasons for its 

decision. 

(QB) A-eepy-ef-the-appLieatie~i-tThe results of the 

background checks performed and the Tribal Commission's 

findings and decislon shall be forwarded to the National 

Indian Gaming Commission befere-a-Sieease-is-issued. 

(€1 All applications, background checks and Commission 

decisions shall be retained in the Commission files for a 

period of at least five (5) years after termination of the 

license. 
Resolution No. 12-1 1-12-B 

6.5 Licensing Period. Any permanent employee gaming license issued pursuant to this section aka&&-be-effee~ive 

fer-a-perid-ef-ene-year-fre~l-kke-elake-ef-isswanee-a~el 

shall emire on the emulovee's birthdav. If thg 

emulovee's birt is less than six (6) months in the 

ee f shall receive a license which ig 

valid until the emlwee's birthdav followina the 

emplovee's next birthdav. The license shall contain the 

licensee's photograph and shall state *t a minimu on its 

face, the name of the employee, the lo-which s/he 

is licensed to work, eke-gamin eperater-wke-eq&eya-bimi 

it expires. 

the date the license became ef ?- ective, and the date that 

6.7 Reqrrir-ah-ke-Preduee-&ieeaae-Bge~-Re~ea~~ Dimlav 

and Eandlins of Gaminu License. Any person receiving an 

employee gaming license msk-earry-ehak-sieense-upen-his 

ersen-eln-aring-a%%-werking-keurs-and-msk-prd~ee-kHae 

fieense-npen-eke-reweak-ef-any-persen: shall wear thg 

license on his/her uDDer torso in a mann-r that does not 

obscure and clearlv dis~lavs the licensee's Dhotoara~h an4 

the license ex~iration date. 

(A) Prohibited ldodifications of License. No individual a t whom r e 't 

other Derson to cause. dame to or alteration or 

mutilation of. anv Dortion of the samins license. 

(B) Consecruences of Alteration. Uvon notice that a saminq n li nse i d' la d ed 

altered or mutilated. the Tribal Comission shall: 

(1) confiscate the aamina license and notifv the 

aamina oDerator in writina of the action. and 

12) ~rohibit the licens ee from ensasinu in any 

bct~vities for which a aanuns license is reauire 

until a re~lacement license is issued; Drovided.'that 

$he oblisation to obtain a reolacement license is 

solelv that of the licensee when the Tribal Commission 

finds that the licensee ~umosefullv altered or 

mutilated the lkense. or uermitted another Derson t~ 

do so. 

6.8 Suspension or Termination of mloyee License. * * * 

(C) Mandatorv Susvension and Revocation.U~on receivt of 

notification from the National Indian Gamins Commission 

Ghat a licensed kev em~lovee or orimarv manaaement 

official is not elisible for emlovment in such ~osition, 

Id u of' in 25 C.F.R. 

sec. 558.2. as that section mav from time to time be 

amended, the 
Resolution No. 12-1 1-1 2-8 

Tribal Commission shall sus~end the license and notifv tk 

licensee in writina of the suswension and Drowosed 

1 -- v 'on 1 

revocation hearinq. Umn the com~letion of the revocation 

hearina. the Tribal Couunission shall decide to revoke or 

reinstate the Gamins license. and shall notify the 

National Indian Gamina Cormcission of its decision, 

7.8 Minimum Age to Play. In any gaming facility which has 

a retail alcoholic beverage license, the minimum age to 

play any Class I1 or Class 111 game is 21 years of age. 

In any gaming facility which does not have a retail 

alcoholic beverage license, the minimum age to play is 19 

years of age. 

9.1 Management by a Primary Management Official. *** 

(C) The Primary Management Official shall present a written monthly report to the Tribal Commission and 

the Tribal Council which details the number of patrons 

served, the-ametlak-ef-ineewe-generakeel5 the numbers of 

emwlovees workina at the establishment. a detailed ~~ ~~ 

description of a6y patron complaints &d other 

problems experienced at the establishment, asse-a 

w~iEke~-skakemeak-ef-a~y-ekaages-in-key-e~&eyees-er 

pri~lary-wa~agemenk-effieia2s-a~~-a&&-Br&~s-whiek-are 

38-elays-elr-mre-pasE-and such other information 

which from time to time is reauested bv the Tribal 

Commission or Tribal Council. 

9.2 Use 

Operated 

tribally. 

shall be 

may only 

and only 

of Net Revenues of Tribally-Owned or TriballyGaming Enterprises. +A$ All net proceeds of a 

-owned or tribally-operated gaming enterprise 

held in the name of the Tribe. Such net proceeds 

be expended by the Tribal Council by resolution 

for the following purposes: 

(a&) To fund tribal government operations or programs. 

(B2) To provide for the general welfare of the Tribe 

and its members. 

(c3) To promote tribal economic development. 

(Q4) To donate to charitable organizations. 

(E5) To help fund operations of local government agencies. 

9.3 Audit Requirements. 

(A) The Triba~-€e~e~l&ssie~-a~~-tAe Primary 

Management Official of each tribally-owned or 
Resolution No. 12-1 1-12-8 

tribally-operated gaming establishment shall obtain 

an annual outside audit of such gaming 

establishment. A copy of such audit shall be 

provided to the Tribal the Tribal 

Council and the National Indi ming Commission. 

CERTIFICATION 

I, the undersigned, as Secretary of the Bay Mills Indian Community Executive Council, do hereby certify that 

the above resolution was adopted and approved at a meeting 

of the Bay Mills Indian Community Executive Council held 

at Bay Mills, 

1 2012, with a abstaining. As per 

Constitution, the Tribal except in 

the event of a tie. /.