Victoria A. Bud, Secretary 

Lac du Flambew Band of Lake Superior Chippewa Indians 

P.O. Box 67 

Lac du Flambeau, WJ 5453 8 

Dear Ms. Doud: 

This letter is in response to your request that the National Indian Gaming Commission (NTGC) 

review and approve the Resolution to Amend the Lrrr: du FlamtPeau Band of Me Superior 

Chippewa Man's (Tribe) Gaming Ordinance, Resolution No. 16(04) (Ordinance Amendment], 

adopted January 26,2004. This letter constitutes such approval under the Indim Gaming 

Regulatory Act (ERA). We note tbl the amendment relates to fhe Tribe's revenue al10mtion 

plan. We understad that the Tribe has submitted the change to the Department of the laterior, 

as required, and that before the plan may be implemented, it requires the approval of the 

SecretaryI 25 U.S.C. $27 10@)(3)@), The Amended Ordinance is approved for gaming only on 

Indian lands, as &fined id the IGRA, over which the Lac &I Flambeau Band of Lake Superior 

Chippewa Indians exercises jurisdiction. 

Thank you far submitting the Ordinance Amadment for review and approval. The NIGC staff 

and I look forward to working with you and the Leu: du Flambeau Band of Lake Superior 

Chippewa Indims on future gaming issues. Please be advised that future ordinance submissions 

should be address to the NIGC's D.C. office 

Philip N. HO& 

m: Carol Brown, Esq, 
, 

. 

. ..- -- . . - I 2 2004 

RESOLUTION NO. 16(04) " 2 2 , .., 

-(J",#, IFlegion iv,3 ;am') #A\ 

WHEREAS, the Lac du Flambeau Band of Lake Superior Chippewa Indians (Tribe) is a federallyrecognized lndian Tribe, organized under a Constitution and by-laws, pursuant to the 

Act of June 18, 1934,48 Stat., 984,25 U.S.C. w76 as amended; and, 

WHEREAS, pursuant to Article Ill, §1 of the Constitution, the governing body of the Tribe is the 

Tribal Council; and, 

WHEREAS, the Tribal Council, pursuant to authority under Article VI, Section 1, of its Constitution, 

and pursuant to the lndian Gaming Regulatory Act of 19881 (25 U.S.C. 2701, et. seq.) 

adopted a Gaming Control Ordinance, ("Ordinancen) which was approved by the 

Secretary on February 9, 1988, with approved amendments in 1989, 1991, 1993, 1994, 

1995, 1996, 1999, and 2000; and, 

WHEREAS the Ordinance provides for the Tribal Council to assume the responsibilities of the ,---., ; Gaming Commission, under Chapter 43.803 of the Ordinance; and. 

/' \ 

'WHEREAS 1 it is in the best interests of the Tribe wishes to amend the Gaming Control Ordinance to 

separate the duties and responsibilities of the Tribal Council from the duties and 

responsibilities - of the Gaming Commission; and, 

.&AS it is in the best interests of the Tribe to codify guidelines for suspension and revocation 

of employee gaming licenses in accordance with the principles set forth in the Gaming 

Control Ordinance; 

WHEREAS Chapter 43.1001, Per Capital Distribution Ordinance, provides for per capital payments 

to be made on an annual basis, pursuant to authorization by the Tribal Council; and, 

WHEREAS it is in the best interests of the Tribe to allow for more than an annual payment, subject 

to the discretion of the Tribal Council and pursuant to budgetary review under Section 

43.1003 of the Ordinance; and, 

WHEREAS the Tribal Council has amended Chapter 43.803 of its Gaming Control Ordinance to 

establish a Gaming Commission outside the body of the Tribal Council to assume the 

/.\ duties and responsibilities delegated under this Chapter; and, 

~HEREAS the Tribal Council has further amended Chapter 43 to provide guidelines for 

uspension and revocation of employee gaming licenses in accordance with the 2 principles set forth in the Ordinance; and, 

WHEREAS the Tribal Council has further amended Chapter 43.1006(1) to provide 

discretionary power to the Tribal Council to authorize more than an annual per 

capita payment subject to Section 43.1003(1) therein; now therefore be it 

RESOLVED, by this Council, in regular session assembled, hereby approves the amendments to 

Chapter 43, Gaming Control Ordinance, outlined above, (copy attached) and 

respectfully requests the National lndian Gaming Commission to review the same for 

approval, pursuant to 25 U.S.C. $271 0; and be it further 

RESOLVED, that Resolution No. 456(03) is rescinded in its entirety and this resolution has been 

reenacted due to the requirement to submit Gaming Ordinance Amendments within a 

15-day time frame. 
TRIBRL OPERQTIONS ID:7155883270 

- '- 

APR 30'04 15:30 No.003 P.02 

CERTIFICATION 

I, the undersigned, as Secretary of the Lac du Flambeau Band of Lake Superlor Chippewa Indians, a 

tribal government operating under a Constitution adopted pursuant to Section 16 of the Indian 

Reorganlratlon Act, 25 U.S.C., s. 476, do hereby certify that the Tribal Council of the Band is 

composed of twelve members, of whom eleven conrtitutin a quorum, wem preeent at a Regular 

Meeting, t? duly called, noticed, convened, and held on the 26 of January, 2004 end that the foregoing 

resolution was duly adopted at said meeting by an affirmative vote of ten members, none against, 

none abstaining, and that the said resolution has not been rescinded or amended in any way. 

Vlctorla A. Doud, Secretary 

Lac du Flambeau Band of Lake 

Superior Chippewa Indians 

Rocr i vrd 04-30-04 16 I 16 From-71 55883270 Peeo 002 
TRIBAL CODE 

CONTENTS: 

CHAPTER I: 

43.101 

43.102 

43.103 

43.104 

43.105 

43.106 

43.107 

43.108 

43.109 

43.1 10 

43.1 11 

43.1 12 

43.1 13 

CHAPTER 11: 

43.20 1 

43.202 

43.203 

43.204 

43.205 

CHAPTER 111: 

43.30 1 

43.302 

43.303 

43.304 

43.305 

CHAPTER 43 

GAMING CONTROL ORDINANCE 

GENERAL PROVISIONS 

Title. 

Authority. 

Purpose. 

Effective Date. 

Abrogation and Greater Restrictions. 

Interpretation. 

Severability and Non-Liability. 

Repealer. 

General Definitions. 

Specific Words and Phrases. 

Casino Executive Officer. 

DELETED 

DELETED 

BINGO 

General Operational Provisions. 

Prizes. 

Method of Conduct. 

Winners. 

Tribal Organizational Bingos. 

RAFFLES 

General Operational Provisions. 

Prizes 

Types of Raffles. 

Types of Tickets. 

Play of Raffles. 
CHAPTER IV: 

43.40 1 

43.402 

43.403 

43.404 

CHAPTER V: 

CHAPTER VI: 

CHAPTER VII: 

43.70 1 

43.702 

43.703 

43.704 

43.705 

CHAPTER VIII: 

43.801 

43.802 

43.803 

43.804 

43.805 

43.806 

43.807 

CHAPTER IX: 

43.901 

43.902 

43.903 

43.904 

43.905 

43.906 

43.907 

LOTTERIES 

General Operational Provisions. 

Types of Lotteries. 

Play of Lotteries. 

Prizes. 

DELETED 

DELETED 

ENFORCEMENT AND PENALTIES 

Law Enforcement. 

Prohibited Activities. 

Penalties. 

Parties to a Violation. 

Enforcement Procedures. 

CLASS 111 GAMING 

Statement of Policy. 

Definitions. 

Gaming Commission. 

Suppliers Licenses. 

Records - Reports. 

Savings Clauses. 

Effective Date. 

CLASS I1 AND I11 GAMING ORDINANCE 

Purpose. 

Gaming Authorized. 

Ownership of Gaming. 

Use of Gaming Revenue. 

Audit. 

Protection of the Environment and Public Health and Safety. 

Licenses for Key Employees and Primary Management 

Officials. 

License Locations. 
43.909 

CHAPTER X: 

43.1001 

43.1002 

43.1003 

43.1004 

43.1005 

43.1006 

43.1007 

43.1008 

HISTORY NOTE: 

Repeal. 

PER CAPITA DISTRIBUTION ORDINANCE 

Statement of Policy. 

Definitions. 

Appropriations and Application of Gaming Revenues. 

Membership and Eligibility. 

Minors and Other Legal Incompetents. 

Payments. 

Taxation. 

Amendments. 

Current Ordinance 

Adopted January 4, 1988, Resolution No. 7(88). Secretarial approval February 9, 

1988. Effective as to members January 4, 1988; as to non-members, February 9, 1988. 

Amendments: Sec. 43.50 l(3) amended January 30, 1989, Resolution No. 5 l(89). 

Secs. 43.1 13(1) - (4) amended November 13, 1989, Resolution No. 392(89). 

Chapter VIII added November 15, 199 1, Resolution No. 357(9 1)Approved July 7, 

1992, by authority of Bureau of Indian Affairs. 

Chapter VIII amended April 26, 1993, Resolution No. 112(93). 

Chapter IX added September 27, 1993, Resolution No. 322(93). Approval by National 

Indian Gaming Commission dated November 29, 1993. 

Ordinance with amendments approved and published in Federal Register, Vo1.59, No. 

11, Tuesday, January 18, 1994. 

Chapter X added August 16,1994, by referendum approval following authorization for 

referendum, Resolution No. 298(94), Bureau of Indian Affairs approval dated November 8, 

1994. 

Section 43.803 amended February 27, 1995, Resolution No. 87(95). 

Sections 43.1 10 amended renumbered, 43.1 1 1,43.112 deleted, 43.1 13 deleted, 43.201, 

43.205, 43.30 1, 43.40 1, 43.402, Chapter V deleted, Chapter VI deleted, 43.701, 43.70 1, 

43.702,43.803, and 43.805 amended January 8, 1996, Resolution No.(4)96. 

Chapter X amended February 26, 1996, Resolution No. 63(96). 

Section 43.1004(1) deletion pertaining to relinquished members and Section 43.1007 

amends withholding any applicable federal taxes, amended September 23, 1996, Resolution 

No. 368(96). Approved by Bureau of Indian Affairs dated October 25, 1996. 

Addendum #1, Chapter43.10 Special OneTime July 30,1999 Per Capita Distribution, 

Resolution No. 230(99), 05/24/99. Approved by Bureau of Indian Affairs dated July 6, 1999. 

Section 43.1002(5) added and renumbering (6), (7), (8), (9), (10) and adopting Section 

43.1006 (2) and renumbering (3) by Resolution No. 173(00), April 14, 2000. 
Section 43.803, rewrote and replaced Chapter VIII, Gaming Commission, Resolution 

No. 595(01), October 22,2001. Approval by National Indian Gaming Commission January 

14,2002. 

Prior Ordinances 

Tribal Bingo Ordinance No. 1 adopted July 7, 1980, Resolution No. 234(80). 

Amended April 13, 198 1, Resolution No. 70(8 1). Rescinded May 1 8, 198 1, Resolution No. 

89(8 1). 

Interim Bingo Ordinance adopted June 1, 198 1, Resolution No. 96(8 1). 

Tribal Bingo Control Ordinance adopted August 3, 198 1, Resolution No. 175(8 1). 

Repealed by subsequent ordinance February 27, 1984. 

Bingo and Raffle Control Ordinance adopted February 27, 1984, Resolution No. 

98(84). Amended July 23, 1984, Resolution No. 248(84); January 28, 1985, Resolution No. 

42(85); December 16, 1985, Resolution No. 463(85); June 9, 1986, Resolution No. 207(86); 

June 9, 1986 Resolution 208(86); August 18, 1986, Resolution No. 304(86); March 9, 1987, 

Resolution No. 66(87); March 30, 1987, Resolution No. 92(87). Repealed by Sec. 43.108 of 

the current ordinance. 

Cases: 

Oneida Tribe of Wisconsin v. Wisconsin, 5 18 F. Supp. 712 (W.D. Wis. 198 1) Tribes may 

conduct bingo free from state regulation. 

Lac du Flambeau Band v. Williauette, 629 F. Supp. 689(W.D. Wis. 1986) Pull tabs areraffles, 

and Tribe may sell them under its ordinance free of state regulations. 
TRIBAL CODE 

CHAPTER 43 

GAMING CONTROL ORDINANCE 

CHAPTER I: GENERAL PROVISIONS 

43.101 TITLE. 

This ordinance shall be known as the Gaming Control Ordinance. 

43.102 AUTHORITY. 

This ordinance is enacted pursuant to Article VI, Section (n) of the Constitution and 

Bylaws of the Lac du Flambeau Band of Lake Superior Chippewa Indians of Wisconsin. 

43.103 PURPOSE. 

The purpose of this ordinance is to regulate the conduct of gaming conducted on the 

Lac du Flambeau Indian Reservation. 

43.104 EFFECTIVE DATE. 

This ordinance shall be effective on date of enactment by the Lac du Flambeau 

Tribal Council. 

43.105 ABROGATION AND GREATER RESTRICTIONS. 

Where this ordinance imposes greater restrictions than those contained in other 

tribal ordinances, the provisions of this ordinance shall govern. 

43.106 INTERPRETATION. 

In their interpretation and application, the provisions of this ordinance shall be held 

to be minimum requirements and shall be liberally construed in favor of the Tribe and shall 

not be deemed a limitation or repeal of any other Tribal power or authority. 

43.107 SEVERABILITY AND NON-LIABILITY. 

If any section, provision or portion of this ordinance is adjudged unconstitutional 

or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be 

affected thereby. The Tribe asserts there is no liability on the part of the Lac du Flambeau 

Band of Lake Superior Chippewa Indians, its agencies or employees for damages that may 
occur as a result of reliance upon, and conformance with this Ordinance. 

43.108 REPEALER. 

The Bingo and Raffle Control Ordinance, Revised 7/23/84, all amendments thereto, 

and all prior ordinances or resolutions regulating bingo are hereby repealed in their entirety. 

All other ordinances or provisions thereof inconsistent with or in conflict with this 

ordinance are hereby repealed to the extent of the inconsistency only. 

43.109 GENERAL DEFINITIONS. 

Words used in the present tense include the future; the singular includes the plural; 

and the plural includes the singular. The word "shall" is mandatory and the word "may" is 

permissive. 

43.1 10 SPECIFIC WORDS AND PHRASES 

For the purposes of this ordinance, the following definitions shall be used: 

(1) "Act" means the Indian Gaming Regulatory Act, Public Law 100--497, 25 

U.S.C. ss. 2701 et seq. 

(2) "Bingo" means a game of chance in which up to 75 numbered objects are 

available for random selection on numbered balls. 

(3) "Bingo occasion" means a single gathering or session at which a series of 

successive bingo games is conducted. 

(4) "Bingo supplies and equipment" means all cards, boards, sheets, markers, 

tables, pads or other supplies, devices or other equipment designed for use in the conduct 

or play of bingo. 

(5) "Casino Executive Officer" means the person hired by the Tribe to conduct, 

organize and supervise all Class I1 and Class 111 gaming on the reservation. 

(6) "Chairman" means the Chair of the Lac du Flambeau Tribal Gaming 

Commission established pursuant to this Ordinance. 

(7) "Class 111 gaming" means Class 111 gaming as defined in accordance with 

the Act, 25 U.S.C. s. 2703(8). 

(8) "Commission" means the Lac du Flambeau Tribal Gaming Commission 

established by this chapter of the Gaming Ordinance. 

(9) "Compact" means the Tribal-State Compact between the Lac du Flambeau 
Band of Lake Superior Chippewa Indians and the State of Wisconsin, in accordance with 

the Indian Gaming Regulatory Act, under which Class I11 Gaming may be conducted on 

Indian lands over which the Tribe has jurisdiction. 

(10) "Conduct" or "Conducted" means as to bingo, the drawing of the members 

and the announcement and visual display of the number on each member so drawn; as to 

raffles, the selling and drawing of raffle tickets. The marking of a bingo card by a player 

shall not be considered an essential element of the conduct of a bingo game. 

(1 1) "Executive Director" means the Executive Director of the Lac du Flambeau 

Gaming Commission regulating Class 111 Gaming. 

(1 2) "Gaming" or "gambling" means any gaming or gambling activity, including 

accepting, recording or registering bets, or carrying on a policy game or any other lottery, 

or playing any game of chance, for money or other thing of value, including but not limited 

to pool-selling, bookmaking, maintaining slot machines, roulette wheels, or dice tables, 

wheels of fortune, card games or video gaming devices. 

(13) "Gaming facilities" means any site, room, or rooms in which Class 111 

gaming is conducted. 

(14) "Lottery" means an enterprise wherein for a consideration the participants 

are given an opportunity to win a prize, the award of which is determined by chance, even 

though accompanied by some skill, but does not include bingo or raffles as defined by this 

ordinance. 

(1 5) "Member" means a person enrolled in the Tribe. 

(16) "Member business" means any member-owned commercial or business 

activity, whether a sole proprietorship, joint venture, partnership or corporation, established 

or organized for the purpose of profit; provided, that such member ownership and control 

shall constitute no less than 5 1 percent of the enterprise. 

(1 7) "National Indian Gaming Commission" means the National Indian Gaming 

Commission established pursuant to 25 U.S.C. s. 2704. 

(1 8) "Net Revenues" means gross revenues of a Class 111 gaming activity less 

amounts paid out as, or paid for, prizes and total operating expenses including debt service 

but excluding management fees paid to a management contractor within the meaning of 25 

U.S.C. s. 27 1 1 (c). 

(19) "Ordinance" means this Lac du Flambeau Chippewa Tribal Gaming 

Ordinance. 

(20) "Premises" means any building, room, hall, enclosure, tent or outdoor area 
in which Class I1 or Class 111 gaming is conducted. 

(2 1) "Raffle" means a game of chance in which tickets are sold and a drawing for 

prizes is held, or in which the ticket is drawn by the purchaser and a determination of prize 

made based upon the ticket drawn. 

(22) "Reservation" means the land and waters within the exterior boundaries of 

the Lac du Flambeau Indian Reservation. 

(23) "State" means the State of Wisconsin. 

(24) "Tribal Council" means the governing body of the Tribe elected pursuant 

to the Tribe's Constitution and Bylaws. 

(25) "Tribal Court" means the Lac du Flambeau Tribal Court. 

(26) "Tribal Organization" means any organization duly recognized by the Tribe. 

(27) "Tribe" means the Lac du Flambeau Band of Lake Superior Chippewa 

Indians. 

43.1 1 1 Casino Executive Officer. 

(1) There is hereby established the position of Casino Executive Officer 

(2) The Casino Executive Officer shall be selected by the Tribal Council in 

accordance with the Personnel Policies and Procedures, and shall be supervised by the 

Tribal Administrator. 

43.1 12 DELETED 

43.1 1 3 DELETED 

CHAPTER 11: BINGO 

43.201 GENERAL OPERATIONAL PROVISIONS. 

(I) DELETED. See 843.902 and 43.903. 

(2) Bingo/Class I1 gaming shall be conducted only on Tribal premises. 

(3) Purchase of a bingo card shall entitle each purchaser to a place on the Tribal 

premises where bingo is conducted with sufficient room in which to work the bingo card. 

(4) The Casino Executive Officer may, in hisher discretion, limit the number 
of persons allowed to be present at or to purchase bingo cards at any one bingo occasion. 

(5) DELETED 

(6) DELETED 

(7) DELETED 

(8) DELETED 

(9) No person under the age of 18 shall purchase or make use of a bingo card 

for any bingo game or otherwise play a bingo game conducted pursuant to this ordinance 

unless accompanied on tribal premises by such person's parent or guardian. No person 

under the age of 8 shall be allowed in the Tribal premises in which bingo is conducted 

during a bingo occasion. 

(10) No alcoholic beverages or illegal drug shall be allowed in the tribal bingo 

hall during a bingo occasion. Any person found possessing or using alcoholic beverages or 

illegal drugs during bingo occasions conducted on tribal premises shall be removed from 

the premises and barred from further bingo occasions. No alcoholic beverages may be 

brought onto such premises by patrons. 

(1 1) Bingo operations shall be advertised by whatever lawful methods the Casino 

Executive Officer deems suitable and appropriate to attract a maximum number of players, 

consistent with the budget approved by the Tribal Council. 

(12) DELETED 

(13) Bingo cards shall be sold or rented by the Casino Executive Officer in the 

first instance only on the premises at which the bingo occasion is being conducted. The 

Casino Executive Officer shall keep an accurate, separate count of the number of bingo 

cards which are sold, rented, or used. 

(14) No person employed in the operation of a Tribal bingo occasion shall be 

permitted to purchase bingo cards for that occasion or participate in any other way as a 

player during that bingo occasion. 

(15) Nothing herein shall prevent the broadcast or televising of Tribal bingo 

occasions. The Casino Executive Officer is hereby authorized to enter into a contract for 

the broadcast or televising of Tribal bingo occasions, provided that any such contract shall 

be approved by resolution of the Tribal Council before taking effect. 

43.202 PRIZES. 

(1) The amount and nature of prizes is offered shall be determined for each 
bingo occasion by the Casino Executive Officer; provided, that the prizes offered shall be 

commensurate with the generally accepted odds in bingo operations. 

(2) Either cash prizes or merchandise prizes shall be allowed. If a merchandise 

prize is offered, its stated value shall be the current retail price. No merchandise prize shall 

be redeemable or convertible into cash, either directly or indirectly, by the Tribe. 

(3) Prizes of alcoholic or fermented malt beverages, securities, or interests in 

real property are prohibited. 

43.203 METHOD OF CONDUCT. 

(1) The Casino Executive Officer shall determine the type of game and prize 

for each game conducted during a bingo occasion. The particular arrangement of numbers 

required on a bingo card in order to win and the amount of the prize for the game shall be 

clearly described and audibly announced to the players immediately before each game. 

(2) Each bingo game shall be conducted in such a manner that the results are 

random and each person purchasing a card or playing a game is afforded an equal 

opportunity to win, and all equipment and supplies used in the conduct of each game shall 

be designed and used in such a manner as to secure such result. 

(3) The objects to be drawn shall be as near the same size, shape, weight, 

balance, and all other relevant characteristics as is practicable so that at all times during the 

conduct of bingo each object possesses the capacity for equal agitation with any other object 

within the receptacle. 

(4) Up to seventy-five (75) objects shall be used for the conduct of each game. 

All the numbered objects, and only the numbered objects, shall be present in the receptacle 

at the beginning of each bingo game. When bingo is played with cards, 75 consecutively 

numbered objects shall be used. 

(5) The number on each object drawn shall be announced in a manner clearly 

audible to the persons present during the conduct of the game and shall be visually 

displayed as well. 

(6) Once removed from the receptacle during the conduct of a game, no object 

shall be returned to the receptacle until after the conclusion of that game. 

(7) The receptacle and the caller shall be visible to the majority of persons 

during the conduct of a game at all times. 

(8) The Casino Executive Officer may provide for the play of bingo at bingo 

occasions by means of table games such as "bingo-lette", "bingo-jack", or similar table 

games using up to 75 numbered bingo balls previously described. These table games may 
be played at the tribal bingo hall or such other tribal premises as the Casino Executive 

Officer shall deem appropriate. 

43.204 WINNERS. 

(1) The winner of a bingo game played with the use of bingo cards shall be 

person in possession of the bingo card with the numbers on it arranged in the manner 

announced for that game achieved with the least number of objects drawn. 

(2) The bingo winner for each game shall be determined on the same day on 

which the bingo occasion is conducted. Each prize shall be awarded within one week of 

the bingo occasion for which the prize was offered. 

(3) The numbers appearing on the winning card at the time a winner is 

determined shall be verified in the immediate presence of at least one disinterested person. 

(4) At the time a winner is determined, any person may call for verification of 

all numbers and of the objects remaining in the receptacle not drawn. Such verification 

shall be made in the presence of the Casino Executive Officer or hisher designee and at 

least one disinterested person. 

(5) When more than one person is found to be the winner of a bingo game, a 

cash prize shall be divided equally among the winners to a minimum cash prize of five 

dollars. When equal division of a merchandise prize is not possible, identical substitute 

prizes whose aggregate retail value is approximately equal to that of the designated prize 

shall be awarded. 

(6) Winners of bingo table games shall be determined and prizes awarded 

according to the rules of the game established by the Casino Executive Officer. 

43.205 TRIBAL ORGANIZATION BINGOS. 

(1) The Tribal Council may in their discretion authorize a fund-raising bingo 

occasion to be conducted by a Tribal organization at the tribal bingo hall on a date when a 

tribal bingo occasion is not being conducted. 

(2) The Tribal Council may impose such rules, terms or conditions upon the 

conduct of such bingo occasion as they deem necessary or appropriate, including the 

charging of a fee for the use of the tribal bingo hall. 

(3) Bingo games conducted by tribal organizations pursuant to this section shall 

be limited to bingo games played with bingo cards. No bingo table games or other forms 

of bingo shall be allowed. 
CHAPTER 111: RAFFLES 

43.301 GENERAL OPERATIONAL PROVISIONS. 

(1) All raffles shall be conducted under the management, supervision and 

control of the Casino Executive Oficer. Raffles may be conducted and raffle tickets sold 

by tribal gaming employees at licensed premises and at such other times and places as 

directed by the Casino Executive Oficer. 

(2) DELETED 

(3) Raffles shall be conducted and raffle tickets shall be sold only on tribal 

premises. 

(4) Only a cash payment shall be accepted for the purchase of a raffle ticket. 

(5) The Casino Executive Officer shall purchase such supplies and equipment 

as is necessary for the operation of raffles and consistent with the budget approved by the 

Tribal Council. All equipment and supplies used in the conduct of raMes shall be owned 

by the Tribe. 

(6) The Casino Executive Officer may, with the concurrence of the Tribal 

Council, authorize a Tribal organization to hold a raffle, upon such terms and conditions 

as the Casino Executive Officer may deem appropriate. Raffle tickets used for such 

occasions shall be purchased by the Casino Executive Officer and shall be readily 

distinguishable from raffle ticket used in Tribal raffles. 

(7) DELETED 

(8) No person under the age of 18 shall be allowed to purchase a raffle ticket. 

(9) Raffles shall be advertised by whatever lawful methods the Casino 

Executive Officer deems suitable and appropriate, consistent with the budget approved by 

the Tribal Council. 

(10) No person employed in the operation of a raffle or of a bingo occasion 

during which a raffle is being conducted shall be permitted to purchase a raMe ticket for 

such raffle. 

43.302 PRIZES. 

(1) The amount and nature of prizes offered for raffles shall be determined for 

each raffle by the Casino Executive Officer, provided that the prizes offered shall be 

commensurate with the odds generally accepted for raffle operations. 
(2) Either cash prizes or merchandise prizes shall be allowed. If a merchandise 

prize is offered, its stated value shall be the current retail prize. No merchandise prize shall 

be redeemable or convertible into cash, either directly or indirectly, by the Tribe. 

(3) Prizes of alcoholic or fermented beverages, securities or interests in real 

property are prohibited. 

43.303 TYPES OF RAFFLES. 

Two types of raffles may be conducted: 

(1) Raffles in which tickets are sold to individuals, placed in a container, and 

drawn to determine the winner; and 

(2) Raffles in which a fixed number of tickets, some of which indicate the 

winners, are sold to and drawn by the purchaser. 

43.304 TYPES OF TICKETS. 

Two types of raffle tickets shall be used: 

(1) For raffles described in Section 43.303(1), the tickets shall be identical in 

form and contain the name and address of the Tribe or sponsoring organization, the price 

of the ticket, the date and place of the drawing, and a place for the purchaser's name and 

address. 

(2) For raffles described in Section 43.303(2), raffle tickets shall be purchased 

in lots, with a fixed number of tickets and winning tickets in each lot, shall be of similar 

outward appearance, and shall have concealed within them indicia of winning which may 

be revealed by manipulation of the ticket after purchase. 

43.305 PLAY OF RAFFLES. 

(1) The Casino Executive Officer shall determine the type of raffle and the prize 

or prizes for each raffle, which shall be clearly described and available to raffle ticket 

purchasers at the time ofpurchase. For raffles described in Section 43.303(2), the odds per 

lot of tickets shall also be available. 

(2) Each raffle shall be conducted in such a manner that the results are random 

and each person purchasing a ticket is afforded an equal opportunity to win, and all 

equipment and supplies used in the conduct of each raffle shall be designed and used in 

such a manner as to secure such a result. 

(3) Winner shall be determined according to the type of raffle and the rules of 

each raffle set by the Casino Executive Officer. The purchaser of a ticket need not be 
present at the drawing to win a prize. Each prize shall be awarded within one week of the 

raffle. 

(4) All raffle drawings shall be held in public. 

(5) All prizes shall be awarded. 

CHAPTER IV: LOTTERIES 

43.40 1 GENERAL OPERATIONAL PROVISIONS. 

(1) All lotteries shall be conducted under the management, supervision and 

control of the Casino Executive Officer. 

(2) DELETED 

(3) Lotteries shall be conducted and lottery chances shall be sold only on tribal 

premises. 

(4) Only cash payment may be accepted as consideration for a lottery chance. 

(5) The Casino Executive Officer shall purchase such supplies and purchase or 

lease such equipment as may be necessary for the operation of lotteries and is consistent 

with the budget approved by the Tribal Council. 

(6) The Casino Executive Officer shall have the exclusive management of all 

lotteries within the reservation. No other person, firm, corporation, consultant or similar 

entity shall participate in the management of any lottery. 

(7) No person under the age of 18 shall be allowed to participate in any lottery. 

(8) Lotteries may be advertised by whatever lawful methods the Casino 

Executive Officer deems suitable and appropriate, consistent with the budget approved by 

the Tribal Council. 

(9) No person employed in tribal gaming shall participate in any lottery 

conducted by the Tribe. 

43.402 TYPES OF LOTTERIES. 

Lotteries may be conducted by means of tickets or coupons sold to individuals for 

which a drawing is held to determine the winners or for which winners are determined on 

some other random basis. 

43.403 PLAY OF LOTTERIES. 
(1) The Casino Executive Officer shall determine the types of lotteries which 

shall be conducted. The rules of each games and the prize of prizes available shall be 

clearly described and available to players at the time of play. 

(2) Each lottery shall be conducted in such a manner that the results are 

randomly determined and that each player is afforded an equal opportunity to win. 

(3) Winners shall be determined according to the type of lottery and the rules 

for each lottery established by the Casino Executive Officer. 

43.404 PRIZES. 

(1) The amount and nature ofprizes offered for lotteries shall be determined for 

each lottery by the Casino Executive Officer; provided, that the prizes offered shall be 

commensurate with the prevailing and generally accepted odds for the type of lottery 

involved. 

(2) Either cash prizes or merchandise prizes shall be allowed. If a merchandise 

prize is offered, its stated value shall be its current retail price. No merchandise prize shall 

be redeemable or convertible into cash, either directly or indirectly, by the Tribe. 

(3) Prizes of alcoholic or fermented malt beverages, securities or interests in real 

estate are prohibited. 

CHAPTER V: GAMING AGENTS DELETED 

CHAPTER VI: FINANCES AND ACCOUNTING DELETED 

CHAPTER VII: ENFORCEMENT AND PENALTIES 

43.701 LAW ENFORCEMENT. 

(1) Any person employed, appointed or deputized as a tribal law enforcement 

officer may enforce the provisions of this ordinance. 

(2) Any tribal law enforcement officer may execute and serve warrants and 

other process issued by the tribal court in the same manner as any law enforcement officer 

of the State of Wisconsin may serve and execute such state warrants and other process 

under state law. 

(3) DELETED 

(4) Any law enforcement law officer may conduct searches and make stops and 

arrests without warrant under the prevailing constitutional standards relating to probable 

cause, reasonable suspicion and exigent circumstances. 
(5) Any tribal law enforcement officer may issue a citation to any person upon 

reasonable belief that such person has breached a provision of this ordinance and may seize 

and hold any property needed as evidence or any property authorized to be seized pursuant 

to the civil remedial forfeiture provisions of this ordinance. 

43.702 PROHIBITED ACTIVITIES. 

It shall be unlawhl and a prohibited activity for any person to: 

(1) Violate the terms of this ordinance in any way; or 

(2) DELETED 

(3) Conduct, or possess equipment for the conduct of, gaming within the 

boundaries of the Tribe's reservation unless licensed to do so pursuant to this ordinance; 

or 

(4) Act or scheme in any way to influence the conduct or result of any Class I1 

or I11 gaming or the determination of the winner thereof; or 

(5) Act or scheme in any way to deprive the Tribe of the income or proceeds 

or any portion thereof from any Class 11 or 111 gaming, or the operational expenses related 

thereto. 

43.703 PENALTIES. 

Any person who, himself or herself, or by his or her agent, servant or employee or 

who as agent, servant or employee of another, violates any provisions of this ordinance, 

shall be liable as follows: 

(1) For a civil remedial money penalty of up to $500.00; and/or 

(2) For a civil remedial forfeiture of any property and equipment used in the 

commission of the violation; and/or 

(3) For discipline or discharge from tribal employment, as determined under the 

applicable personnel policies and procedures; andlor 

(4) For suspension or revocation of appointment as a gaming agent pursuant to 

Chapter V; and/or 

(5) For recovery by the Tribe of damages from the violators in an amount not 

to exceed three times the monetary gain realized by the violator as a result of the violation; 

and/or 

(6) For referral to state or federal authorities for criminal prosecution; and/or 
(7) For such other civil remedies as the Tribe may have available to it to prevent 

continuing violations or to recover for losses caused by or associated with such violations; 

and 

(8) For court costs of $20.00, which shall be assessed against any person found 

to have violated this ordinance. 

43.704 PARTIES TO A VIOLATION. 

Whoever is concerned in the commission of a violation of this ordinance is a 

principal and may be charged with the violation although he or she did not directly commit 

it and although the person who directly committed it has not been convicted of the 

violation. A person is concerned in the commission of a violation if the person: 

(1) Directly commits the violation; 

(2) Aids and abets the commission of it; or 

(3) Is a party to a conspiracy with another to commit it or advises, hires, or 

counsels or otherwise procures another to commit it. 

43.705 ENFORCEMENT PROCEDURES. 

Jurisdiction is hereby conferred upon the tribal court over matters related to the 

violation of this ordinance. Forfeiture proceedings shall be conducted in accordance with 

Chapter IV of the Tribal Court Code, Tribal Code Ch. 80; provided, that citations issued 

hereunder may be served by ordinary mail. 

CHAPTER VIII: CLASS 111 GAMING 

43.80 1 STATEMENT OF POLICY. 

It is the purpose of this chapter of the Tribe's Gaming Ordinance to provide for the 

sound comprehensive regulation of all Class 111 casino-style gaming activities on lands 

within the jurisdiction of the Lac du Flambeau Band of Lake Superior Chippewa Indians, 

in order to protect the Tribe's and the public's interest in the integrity of such gaming 

activities, and to promote tribal economic development, self-sufficiency, and strong tribal 

government. 

43.802 DEFINITIONS. 

For the purposes of this chapter of the Gaming Ordinance: 

(1) "Act" means the Indian Gaming Regulatory Act, Public Law 100--497,25 

U.S.C. ss. 2701 et seq. 
(2) "Class 111 gaming" means Class I11 gaming as defined in accordance with 

the Act, 25 U.S.C. s. 2703(8). 

(3) "Compact" means the Tribal-State Compact between the Lac du Flambeau 

Band of Lake Superior Chippewa Indians and the State of Wisconsin, in accordance with 

the Indian Gaming Regulatory Act, under which Class 111 Gaming may be conducted on 

Indian lands over which the Tribe has jurisdiction. 

(4) "Commission" means the Lac du Flambeau Tribal Gaming Commission 

established by this chapter of the Gaming Ordinance. 

(5) "Chairman" means the Chair of the Lac du Flambeau Tribal Gaming 

Commission established pursuant to this Ordinance. 

(6) "Executive Director" means the Executive Director of the Lac du Flambeau 

Gaming Commission regulating Class I11 Gaming. 

(7) "Gaming facilities" means any site, room, or rooms in which Class I11 

gaming is conducted. 

(8) "National Indian Gaming Commission" means the National Indian Gaming 

Commission established pursuant to 25 U.S.C. s. 2704. 

(9) "Net Revenues" means gross revenues of a Class 111 gaming activity less 

amounts paid out as, or paid for, prizes and total operating expenses including debt service 

but excluding management fees paid to a management contractor within the meaning of 25 

U.S.C. s. 271 l(c). 

(10) "Ordinance" means this Lac du Flambeau Chippewa Tribal Gaming 

Ordinance. 

(1 1) "State" means the State of Wisconsin. 

(1 2) "Tribe" means the Lac du Flambeau Chippewa Tribe. 

(13) "Tribal Council" means the Lac du Flambeau Chippewa Tribal Council. 

43.803 GAMING COMMISSION. 

(1) There is hereby established within the Lac du Flambeau Chippewa Tribe a 

Tribal Gaming Commission, which shall have the powers and duties specified in this 

Section 43.803 for the purpose of regulating and policing the conduct of Class I1 and Class 

111 casino-style gaming operations on the Lac du Flambeau Chippewa Reservation and on 

any offsite gaming facilities owned and operated by the Tribe (Tribal Gaming 

Establishments), pursuant to this Ordinance, the Tribal Constitution and By-Laws, the 
Tribalistate Compact, the Indian Gaming Regulatory Act, (25 U.S.C. $2701, 

et.sea.)("IGRA") and rules and regulations promulgated thereunder. 

(2) All actions of the Gaming Commission shall have immediate effect, unless 

otherwise specified by the Gaming Commission, and shall be reported to the Tribal Council 

pursuant to Section (14)(f)(i) herein. To insure the Commission's activities are conducted 

pursuant to the specific authorities and responsibilities delegated herein, the Tribal Council 

shall review monthly the Gaming Commission reports submitted pursuant to Section 

(1 4)(f)(i) herein. The Tribal Council shall immediately provide notice to the Commission 

of any action that is deemed taken outside the scope of its regulatory and enforcement 

authority and direct such action be reversed or revised accordingly. 

(3) The Gaming Commission shall be comprised of three members appointed 

by the Tribal Council or its designee. Each Commissioner shall serve a term of three years, 

subject to (3)(a) herein, and provided that the initial terms for appointment of the 

Commissioners shall be staggered, with one Commissioner being appointed as a Secretary 

to serve a three-year term, one Commissioner being appointed as the Chairperson to serve 

a two-year term, and one Commissioner being appointed as the Vice-chairperson to serve 

a one-year term. The Council may, be resolution, select such other officers, as it may deem 

appropriate. 

(a) Each Commissioner shall be subject to a six-month introductory 

period, during which time each will undergo the training necessary 

to satisfactorily hlfill the duties specified in this Chapter VIII and 

this Ordinance. At the end of the six-month period, the work 

performance of each Commissioner shall be evaluated by an 

independent commission panel appointed by the Tribal Council. 

Such panel shall be entitled the Gaming Commission Performance 

Review Panel, which shall be comprised of individuals 

knowledgeable and experienced in the field of gaming, the structure 

and operations of gaming commissions, and gaming enterprises. 

The evaluations of each Commissioner shall be submitted to the 

Tribal Council for a final decision within five (5) days as to whether 

such Commissioner is fit and capable of performing the duties and 

responsibilities specified in this Chapter VIII and this Ordinance. 

The Tribal Council shall make a decision within five (5) days of 

receipt of such recommendation. 

(4) The Commissioners shall have thorough knowledge of the gaming industry 

and the laws and rules of the National Indian Gaming Commission and the Tribe governing 

such games. Commissioners are prohibited from being otherwise employed by Class I1 or 

Class I11 Tribal Gaming Establishments and from participating in any gaming in Tribal 

Gaming Establishments. 

(5) Each Gaming Commission shall hold one regularly-scheduled meeting per 
month. The Chairperson shall call and conduct Commission meetings. The Secretary shall 

maintain all minutes and records of the Gaming Commission and provide such minutes and 

records that are non-licensing related to the Tribal Council on a regular and timely basis, 

subject to Section (14)(f)(i) herein. 

(6) The primary responsibility of the Commission shall be to enforce this 

Ordinance and provide direction to the Internal Audit Department and the Licensing and 

Review Department. The applicable provisions of the Tribal Constitution and By-Laws, 

as amended, and this Ordinance, shall govern the conduct of business of the Gaming 

Commission. 

(7) Each Commissioner shall be compensated at the rate determined by 

resolution of the Tribal Council. 

(8) The Commission shall comply with the Lake of the Torches Policy 

prohibiting nepotism amongst Commissioners and casino employees, casino suppliers and 

casino vendors. 

(9) A commissioner shall: 

(a) be of good moral character; 

(b) never have been convicted or entered a plea of nolo contendere to, 

or is under indictment for, any felony or any gaming offense under 

the laws of Wisconsin or any other state, or the United States, or 

any crime under the laws of the Tribe, or to any misdemeanor 

involving dishonesty or moral turpitude; 

(c) conduct him or herself so as to protect the effective regulation and 

control of gaming; 

(d) avoid any activity that may enhance the dangers of unsuitability, 

unfair, or illegal practices, methods, or activities in the conduct of 

gaming; 

(e) not have any direct or indirect financial interest in any gaming 

operation owned and/or operated, or in some manner controlled by 

the Tribe. For purposes of this Chapter VIII, a direct or indirect 

financial interest does not apply to the receipt of per capita 

payments or an employer/employee relationship with the Tribe or 

with any of its enterprises. 

(0 not accept gratuities or any other thing of value from any Licensee, 

vendor, or Applicant. 
(g) not use one's official title to conduct personal business; 

(h) not use ones' position to coerce, threaten, or intimidate a person or 

group in order to provide a financial benefit or other personal gain 

to oneself or another person with whom one has family, business, 

or financial ties, or any other purpose. 

(i) not make public any subject matter of a confidential or proprietary 

nature received in connection with the Commission duties herein, 

including, but not limited to matter discussed during Commission 

meetings, and matters protected as confidential under federal, State, 

or Tribal law or procedure. 

Cj) conduct him or herself so as to protect the integrity of the Tribe and 

its gaming operations. 

(1 0) A Commissioner may be immediately removed, pursuant to the procedures 

set forth in Section (15) herein, by the Tribal Council for neglect of duty, malfeasance 

(unlawful act by a public official), misfeasance, (the doing of a lawful act in an unlawhl 

or improper manner), misconduct (unlawful or dishonest management, willful, improper 

behavior), for any conduct that threatens the honesty or integrity of the Gaming 

Commission or the Tribal gaming enterprises, otherwise violates the letter of intent of this 

code, the Compact, IGRA, the regulations promulgated thereunder, the affirmative duties 

and prohibitions under Section (9) herein, or any other applicable law. 

(1 1) Before entering upon the discharge of the duties of his or her position, each 

Commissioner shall be successfully passed a background investigation and shall be 

bondable. Whenever the Tribal Council determines that the bond of any Commissioner has 

become, or is likely to become, invalid or insufficient, the Tribal Council shall require such 

Commissioner forthwith to renew his or her bond, which shall be approved by the Tribal 

Council. The cost of any bond given under this Section shall be deemed to be a part of the 

necessary expenses of the Commission included as a specific line item in such budget. 

(1 2) Any Commissioner who fails to take comply with subsection (1 1) herein and 

fails to be bondable within 30 days from the date of his or her appointment, or who fails to 

renew his or her bond with 30 days after is it demanded by the Tribal Council, shall be 

guilty of neglect of duty and may be removed by the Tribal Council. 

(1 3) The Commission shall employ or retain such personnel as may be necessary 

to carry out the functions of the Commission with the approval ofthe Tribal Council, which 

personnel consists of the Internal Audit Department and the Licensing and Review 

Department. No person shall be appointed or continue serving as a Commissioner if he or 

she has any personal, business, or legal relationship that a reasonable person would deem 

a conflict of interest with his or her duties and responsibilities as a Commissioner. Any 

employee violating these prohibitions shall be subject to termination. 

--.-- 
(14) The Commission shall have general responsibility for the implementation 

of this Ordinance subject to approval of the Tribal Council. Its duties include, without 

limitation, the following: 

(a) To conduct all hearings pertaining to civil violations of this 

Ordinance and rules and regulations promulgated hereunder; 

(b) To promulgate such rules and regulations as in its judgment may be 

necessary to protect or enhance the credibility and integrity of 

gaming operations authorized by this Ordinance and the regulatory 

process hereunder; subject to Tribal Council approval. 

(c) To provide for the assessment and collecting of fees to defray 

operational expenses of the Commission and to assess and collect 

penalties and fines for the obligation ofprovisions of this Ordinance 

and the rules and regulations promulgated hereunder. All such fees, 

fines and penalties shall be deposited into a segregated hnd, with 

restrictions as deemed appropriate by the Tribal Council. 

(d) To ensure, through its designated representatives that gaming 

operations are conducted pursuant to this Ordinance and pursuant 

to the existing Minimum Internal Control Standards, receiving and 

responding to complaints from the public, and conducting such 

other investigation into the conduct of the gaming activities and 

operations as the Commission deems necessary and proper; 

(e) The Tribal Council shall review and rule upon any complaint by a 

manager or supervisor regarding any investigative procedures of the 

Commission which may by unnecessarily disruptive of gaming 

operations. However, the need to inspect and investigate shall be 

presumed at all times. The disruption of the gaming operations 

shall be proven by clear and convincing evidence, and establish 

that: 

(i) The procedures had no reasonable law enforcement 

purposes; and 

(ii) The procedures were so disruptive as to unreasonably 

inhibit gaming operations. 

(f) To hold one regularly-scheduled meeting each month. In addition, 

the Commission Chairman, or two Commissioners, upon 72 hours 

written notice to each member, may call special meetings. 

(i) The Commission shall keep a complete and accurate record 
of all its meetings, which records, non-licensing related, 

shall be provided to the Tribal Council on a monthly basis, 

or at such other times as may be required by the Tribal 

Council. Records detailing the number and types of license 

issued during the previous month and the number and 

reasons for license denials, suspensions or revocations, 

however, shall be provided to the Tribal Council. A 

summary of Commission expenditures incurred during the 

previous month shall also be included in the monthly report 

to the Tribal Council. 

(ii) A majority of the Commission shall constitute a quorum for 

the transaction of any business for the performance of any 

duty, or for the exercise of any power which this Ordinance 

requires the Commissioners to transact, perform, or exercise 

en banc. 

(g) Upon order of the Commission, one of the Commissioners or an 

administrative law judge designated by the Commissioner, may 

conduct an adjudicative hearing regarding licensing, suspension, or 

any other duly-authorized corrective action of the Commissioner, 

any may make recommendations to the Commission. Such hearings 

shall be conducted pursuant to rules established by the Commission 

and approved by the Tribal Council. 

(i) The Commissioner or administrative law judge conducting 

such hearing shall have powers and rights granted to the 

Commission in this Section 43.803 and the rules 

promulgated hereunder. 

(ii) The record made at the time of the hearing shall be 

reviewed by the Commission, or a majority thereof, and the 

findings and decision of the majority of the Commission 

shall constitute the Order of the Commission in such case. 

(h) To maintain records which are separate and distinct from the 

records of any other Tribal Commission or Tribal gaming facility. 

Such records shall be available for inspection, as authorized by the 

Tribal Constitution and By-Laws and this Section 43.803, and shall 

accurately reflect all Commission proceedings, except that all 

records of the Commission relating to the licensing and 

investigation of individuals and information regarding the number 

and reasons for license denials, suspensions, or revocations, shall be 

protected from public disclosure, except that records detailing the 

number and types of licenses shall be included in the records 
available for inspection by the Tribal Council. 

(i) To file a written annual report with the Tribal Council on or before 

June Is' of each year and such additional reports as the Tribal 

Council may require. The annual report shall include a statement 

of receipts and disbursements by the Commission, actions taken by 

the Commission, and any additional information and 

recommendations which the Commission may deem consistent with 

this Section 43.803 or which the Tribal Council may require. 

v' 

To develop rules and regulations under which all Class I1 and Class 

111 gaming within Tribal Gaming facilities shall be conducted, 

including, but not limited to rules and standards for the 

investigation and licensure of gaming suppliers, vendors, Key 

Employees, Primary Management Officials, as defined under 

Section 43.802 of this Ordinance, of Tribal gaming facilities, 

including an appropriate licensing fee schedule, subject to Tribal 

Council approval. Such rules and regulations shall be interpreted 

so as to provide for direct cooperation with the Chief Executive 

Officer to ensure the prevention of practices detrimental to the 

public interest and for the best interests of honest casino-style 

gambling. Such rules and regulations shall be subject to Tribal 

Council approval. 

(k) To investigate alleged violations of this Ordinance or the rules of 

the Commission and to take appropriate corrective action, pursuant 

to such rules, against a licensee for a violation, or institute 

appropriate legal action for enforcement, or both. 

(I) To require that all records of any licensee pertaining to any gaming 

or the supplying of any material or devices for any gaming 

conducted pursuant to this Ordinance, shall be kept in such a 

manner as to be immediately accessible to the Commission, but 

protected from public disclosure. 

(m) To require that any licensee involved in the management of gaming 

operations through an outside consulting firm or the supplying of 

gaming devices submit to the Commission full financial statements, 

list of stockholders and other persons or entities having any interest 

in the gaming activities of each licensee, and any other information 

the Commission considers necessary in order to effectively 

administer this Ordinance and all rules, regulations, orders, and 

final decisions promulgated thereunder. 

(n) To issue subpoenas for the attendance of witnesses and subpoenas 
duces tecum for the production of books, records and other 

pertinent documents and to administer oaths and affirmations to the 

witnesses, when, in the judgment of the Commission, it is necessary 

to do so. Such orders may be enforced through suspension or 

revocation of licensure or permits or by petition to the tribal court 

that the person so ordered by held in contempt of court for noncompliance. 

(0) To suspend, revoke or restrict licenses, or to require the removal of 

a licensee or an employee of a licensee from aTribal gaming facility 

for a violation of this Ordinance or a Commission rule or order or 

for engaging in a fraudulent or criminal practice, and to impose civil 

penalties of up to $5,000 against individuals and up to $10,000 or 

an amount equal to the daily gross receipts, whichever is larger, 

against licensees. Such actions shall be subject to due process of 

law and proper administrative procedures developed by the 

Commission and approved by the Tribal Council. 

(p) To eject or exclude or authorize the ejection or exclusion of any 

person from Tribal gaming facilities where such person is in 

violation of this Ordinance, rules and regulations promulgated 

thereunder, or final orders of the Commission, or where such 

person's conduct or reputation is such that his or her presence within 

the Tribal gaming facilities may call into question the honesty and 

integrity of the gaming operations or interfere with the orderly 

conduct thereof, subject to approval of the Tribal Council. Such 

authority to eject or exclude, or authority to eject or exclude, shall 

not be interpreted as to prohibit the Chief Executive Officer from 

authorizing such ejection or exclusion pursuant to his or her 

delegated authority. 

(q) To establish minimum levels of insurance to be maintained by 

licensees, subject to approval of the Tribal Council. 

(r) To take any other action deemed necessary or appropriate to enforce 

this Ordinance and rules and regulations promulgated hereunder. 

(s) To seek and receive assistance of the Wisconsin Department of 

Justice or other appropriate state agencies and the Federal Bureau 

of Investigation or other appropriate federal agencies in conducting 

background investigations of vendors, suppliers, or Key Employees, 

or Primary Management Officials, and applicants in fulfilling its 

responsibilities under this Ordinance. Costs incurred by a state or 

federal agency as a result of such assistance shall be paid by the 

Commission. 
(t) To prepare, for submission to the Tribal Council and the Casino(s), 

an annual budget by June 1" of each year, which review and 

approval shall be conducted pursuant to Article IX of the Tribe's 

Constitution. 

(u) Discrepancies shall be handled through procedures adopted by 

Tribal Council resolution in a document entitled "Conducting a 

Gaming Commission Observation." 

(v) To review the policies and procedures to ensure compliance with 

IGRA, the System of Internal Controls, the Tribal Minimum 

Control Standards, this Gaming Control Ordinance, the Tribal/State 

Gaming Compact, and the rules promulgated thereunder. 

(w) Review drug testing results for purposes of conducting background 

investigations for the issuance and renewal of gaming licenses 

authorized under this Ordinance. For purposes of this Ordinance, 

"drug testing results" shall only include that specific test result 

necessary to make a licensing decision. 

(x) To hlfill all duties of the "Tribal Oflicial" as identified in the 

TribaVState Gaming Compact and the Tribal Minimum Control 

Standards; and, 

(y) To facilitate all correspondence to and fiom the State and federal 

gaming regulatory agencies regarding regulations and licensing. 

(z) To maintain and keep a current record of new developments in the 

area of Indian gaming. 

(aa) To obtain and publish a summary of federal revenue laws relating 

to gaming and to ensure compliance with the same. 

(bb) To consult with and make recommendations to the Tribal Council 

regarding changes in tribal gaming laws and policies. 

(cc) Upon prior explicit approval of the Tribal Council, to employ such 

advisors as it may deem necessary. Advisors may include, but shall 

not be limited to, law enforcement specialists, gaming professionals, 

the Tribe's general or special counsel, and the Tribe's accountants. 

(1 5) Any Commissioner, after the six-month review period pursuant to Section 

(3)(a) herein, may be removed or suspended for serious inefficiency, neglect of duty, 

(unlawful act by a public official), misfeasance, (the doing of a lawhl act in an unlawful 

or improper manner), misconduct (unlawful or dishonest management, willful, improper 
behavior), or for any conduct that threatens the honesty or integrity of the Gaming 

Commission of the Tribal gaming enterprises, or otherwise violates the letter or intent of 

this Code. Such removal or suspension shall be by an affirmative, majority vote of the 

Tribal Council members voting at a regular or duly-called special meeting of that body. 

Such removal or suspension shall be pursuant to written procedures adopted by the Tribal 

Council. 

A member or employee of the ~ribe, upon submission in writing to the Secretary 

of the Tribal Council a petition for removal: stating the grounds and evidence supporting 

such actio& may - ... recommend _ . _ such -. - - removal by a Tribal . member . . - or .. employee, . - ..- the Secretary 

shall submit such a petition to the Tribal Council, at a duly-called meeting, for a decision 

as to whether such petition satisfies the requirements ofthis subsection. Any Commissioner 

being considered for removal or suspension may be suspended with or without pay by the 

Tribal Council pending final determination of such removal or suspension. 

Such removal or suspension actions shall be consistent with due process, including 

a ten-day notice in writing to such Commissioner stating the grounds and evidence 

supporting such action and the date, time, and location of the hearing scheduled to decide 

such action. At any such hearing, the Commissioner shall have the opportunity to be heard 

in person or by counsel and to present witnesses on his or her behalf. If the Tribal Council 

determines that immediate removal of a Commissioner is necessary to protect the interests 

and integrity of the Tribe's gaming enterprises, the Tribal Council may immediately remove 

the Commissioner. 

The Tribal Secretary shall keep a written record ofall removal proceedings, together 

with the charges and findings of the Tribal Council. The decision of the Tribal Council 

upon the removal or suspension of a Commissioner shall be final. 

(16) If any Commissioner shall die, resign, be removed, have his or her term 

expire, or for any reason be unable to serve as a Commissioner, the Council shall declare 

such position vacant and shall appoint another person to fill that position. Such 

appointment shall be made within thirty (30) days of such vacancy. The term of each 

person appointed to replace a Commissioner, for reasons other than unexpired term, shall 

be for the balance of any unexpired term for such position. 

43.804 SUPPLIERS LICENSES. 

(1) The Commission may issue a supplier's license to such persons, firms or 

corporations which apply for such upon the payment of a non-refundable application fee 

of $2,000.00. 

(2) The holder of a supplier's license is authorized to sell or lease, and to 

contract to sell or lease, gaming equipment and supplies unique to gaming in the Tribal 

gaming facility. 
(3) Gaming supplies and equipment may not be distributed to the Tribal facility 

unless the supplies and equipment conform to standards set by the Commission. 

(4) A person, firm or corporation is ineligible to receive a suppliers license if: 

(a) The person, officer of the corporation, or a stockholder in a position 

to exercise control of the corporation has been convicted of a felony 

under the laws of this State, any other state, or the United States. 

(b) The person has submitted an application for a license under this 

Ordinance which contains false or misleading information; 

(c) The person is a member of the Commission; 

(d) The firm or corporation is one in which a person defined in (4a), 

(4b), or (4c), is an officer, director, or a managerial employee; 

(e) The firm or corporation employs a person who participates in the 

management or operations of Tribal gaming authorized under this 

Ordinance; 

(f) The license of the person, firm or corporation issued under this 

Ordinance, or a license to operate gaming facilities in any other 

jurisdiction, has been revoked. 

(5) Any person that supplies any equipment, devices, supplies, or services 

unique to the Tribal gaming operation must first obtain a suppliers license. A supplier shall 

hrnish to the Commission a list of all equipment, devices and supplies, or services offered 

for sale or lease in connection with gaming authorized under this Ordinance. A supplier 

shall keep books and records for the furnishing of equipment, devices, supplies, or services 

to the Tribal gaming facility separate and distinct from any other business that the supplier 

might operate. A supplier shall file a quarterly report with the Commission listing all 

customers, sales, leases, or services. A supplier shall permanently afix its name to all its 

equipment, devices, and supplies for gaming operations. 

(6) Any supplier's equipment, devices or supplies which are used by any person 

in a gaming operation not authorized by the Commission shall be confiscated by the Tribe. 

(7) The Tribe may own its own gaming equipment, devices and supplies. In 

that event, the Tribe through its' authorized Casino Executive Officer, shall file an annual 

report listing its inventories of such gaming equipment, devices and supplies. 

43.805 RECORDS - REPORTS. 

(1) The Tribal gaming facility shall keep it's books and records so as to clearly 
show the following: 

(a) The amount received daily from admission fees (if applicable). 

(b) The total amount of gross receipts. 

(c) The total amount of adjust gross receipts. 

(d) A system of accounting control relative to the gaming operation 

which shall provide a plan of organization and a description of the 

procedures and records which are designed to provide reasonable 

assurance that the following objectives will be attained: 

(i) The safeguarding of assets. 

(ii) The reliability of financial records 

(iii) That transactions are executed in accordance with 

management's general or specific authorization. 

(iv) That transactions are recorded as necessary to (a) permit 

proper recording of gaming revenue, and (b) maintain 

accountability for assets. 

(v) That access to assets is permitted only in accordance with 

management's authorization. 

(vi) That the recorded accountability for assets is compared with 

the existing assets at reasonable intervals and appropriate 

action is taken with respect to any differences. 

(2) The Tribal gaming facility shall furnish to the Commission any reports and 

information which the Commission shall require with respect to it's activities on forms 

designated by the Commission. 

(3) The books and records kept by the Tribal gaming facility as provided by this 

Section are Tribal records and the examination, publication, and disseminating of the books 

and records are governed by the provisions of the TribalIState gaming compact. 

(4) Audit of Operations. Audits shall be conducted as set out in 443.905. The 

selected auditor shall transmit to the Commission an audit of the financial transactions and 

conditions of the Tribal gaming facility's total operations. All audits shall be conducted by 

certified public accountants registered in the State of Wisconsin. 

(5) Annual Report of Board. The Commission shall make an annual report to 

the Tribal Council, for the period ending September 30 of each year. Included in the report 
shall be an account of all Commission actions, its financial position, the practical results 

attained under this Ordinance and any recommendations for Tribal legislation which the 

Commission deems advisable. 

43.806 SAVINGS CLAUSES. 

(1) Nothing in this Ordinance shall be deemed to limit the Tribe's regulatory or 

taxation authority with regard to any gaming under the Tribe's authority. 

(2) Severability. The invalidity of a section, sub-section, clause or provision 

of this ordinance shall not affect the validity of the remaining sections, sub-sections, 

clauses, or provisions of this ordinance. 

43.807 EFFECTIVE DATE. 

This ordinance shall be effective immediately upon securing all necessary 

approvals; until such time as the Commissioners are appointed and qualified the powers of 

the Commission shall be exercised by the Tribal Council. 

CHAPTER IX: CLASS I1 AND 111 GAMING ORDINANCE 

43.90 1 Purpose 

The Lac du Flambeau Tribal Council empowered by the Tribe's Constitution to 

enact ordinances, hereby enacts this ordinance in order to set the terms for class 11 and 111 

gaming operations on tribal lands. 

43.902 Gaming Authorized 

Class I1 and 111 gaming as defined in the Indian Gaming Regulatory Act, P.L. 100- 

447,25 U.S.C. 4 2703(7)(A) (IGRA) and by the regulations promulgated by the National 

Indian Gaming Commission at 25 C.F.R. 5 502.3 and 502.4 (as published in the Federal 

Register at 57 FR 12382-12393, April 9, 1992) is hereby reaffirmed as being authorized. 

43.903 Ownership of Gaming 

The Tribe shall have the sole proprietary interest in and responsibility for the 

conduct of any gaming operation authorized by this ordinance. 

43.904 Use of Gaming Revenue 

A. Net Revenues from class 11 and 111 gaming shall be used only for the 

following purposes: to fund tribal government operations and programs; provide for the 

general welfare ofthe Tribe and its members; promote tribal economic development; donate 

to charitable organizations; or help hnd operations of local government agencies. 
B. If the Tribe elects to make per capita payments to tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the Secretary of the 

Interior under 25 U.S.C. 5 27 10(b)(3). 

43.905 Audit 

A. The Tribe shall cause to be conducted annually an independent audit of 

gaming operations and shall submit the resulting audit reports to the National Indian 

Gaming Commission. 

B. All gaming related contracts that result in the purchase of supplies, services, 

or concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services, shall be specifically included within the scope of the audit that is 

described in subsections A. above. 

43.906 Protection of the Environment and Public Health and Safety 

Class I1 and 111 gaming facilities shall be constructed, maintained and operated in 

a manner that adequately protects the environment and the public health and safety. 

43.907 Licenses for Key Em~lo~ees and Primary Management Oficials 

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

implemented with respect to key employees and primary management officials employed 

at any class I1 gaming enterprise operated on Indian lands: 

A. Definitions 

For the purposes of this section, the following definitions apply: 

1. Key em~lovee means 

a. 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; 

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; 

b. If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year; or 

c. If not otherwise included, the four most highly compensated 

persons in the gaming operation. 

2. Primary management official means 

a. The person having management responsibility for a 

management contract; 

b. Any person who has authority: 

(1) To hire and fire employees; or 

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

or 

c. The chief financial officer or other person who has financial 

management responsibility. 

B. A~plication Forms 

1. 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 ofthe information on this form is authorized by 25 U.S.C. 2701 et.seq. 

The purpose of the requested information is to determine the eligibility of 

individuals to be employed in a gaming operation. The information will be used by 

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

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

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

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

or prosecutions or when pursuant to a requirement by a tribe or the National Indian 

Gaming Commission in connection with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or investigations of activities while 

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

indicated in this notice will result in a tribe's being unable to hire you in a primary 

management official or key employee position. 
The disclosure of your Social Security Number (SSN) is voluntary. However, 

failure to supply a SSN may result in errors in processing your application. 

2. Existing key employees and primary management officials shall be 

notified in writing that they shall either: 

a. Complete a new application form that contains a Privacy Act 

notice; or, 

b. Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

3. 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 after you begin work. also, you may be 

punished by fine or imprisonment. (U.S. Code, title 18, section 100 1 .) 

4. The Tribe shall notify in writing existing key employees and primary 

management officials that they shall either: 

a. Complete a new application form that contains a notice 

regarding false statements; or, 

b. Sign a statement that contains the notice regarding false 

statements. 

C. Backrrround Investigation 

1. The Tribe shall request from each primary management official and 

from each key employee all of the following information: 

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

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

(spoken or written); 

b. 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; 

c. The names and current addresses of at least three personal 

references, including one personal reference who was acquainted with the 

applicant during each period of residence listed under paragraph (l)(b) of 

this section; 
d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian tribes, including ownership interests in those 

businesses; 

f. A description of any existing and previous business 

relationships with the gaming industry generally, including ownership 

interests in those businesses; 

g. The name and address of any licensing or regulatory agency 

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

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

h. 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; 

I. For each misdemeanor conviction or ongoing misdemeanor 

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

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

and disposition; 

j. For each criminal charge (excluding minor traffic charges), 

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

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

paragraph (l)(h) or (l)(i) of this section, the criminal charge, the name and 

address of the court involved and the date and disposition; 

k. The name and address of any licensing or regulatory agency 

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

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

1. A current photograph; 

m. Any other information the Tribe deems relevant; and, 

n. Fingerprints consistent with procedures adopted by the Tribe 

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

2. The Tribe shall conduct an investigation sufficient to make a 

determination under subsection D. below. In conducting a background 

investigation, the Tribe or its agent shall promise to keep confidential the identity 

of each person interviewed in the course of the investigation. 
D. Eligibility Determination 

The Tribe shall review a person's prior activities, criminal record, if any, and 

reputation, habits and associations to make a finding concerning the eligibility of a key 

employee or primary management official for employment in a gaming operation. if the 

Tribe determines that employment of the person poses a threat to the public interest or to 

the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or 

illegal practices and methods and activities in the conduct of gaming, a tribal gaming 

operation shall not employ that person in a key employee or primary management official 

position. 

E. Procedures for Forwarding Applications and Reports for Key Em~lovees 

and Primaw Management Officials to the National Indian Gaming 

Commission 

1. When a key employee or primary management official begins work 

at a gaming operation authorized by this ordinance, the Tribe 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 

subsection D of this section. 

2. The Tribe shall forward the report referred to in subsection F of this 

section to the National Indian Gaming Commission within 60 days after an 

employee begins work or within 60 days of the approval of this ordinance by the 

Chairman of the National Indian Gaming Commission. 

3. The gaming operation shall not employ as a key employee or 

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

F. Re~ort to the National Indian Gaming Commission 

1. Pursuant to the procedures set out in subsection E of this section, the 

Tribe 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: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and, 

d. The bases for those conclusions. 

2. The Tribe shall submit, with the report, a copy of the eligibility 
determination made under subsection D of this section. 

3. If a license is not issued to an applicant, the Tribe: 

a. Shall notify the National Indian Gaming Commission; and, 

b. 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. 

4. With respect to key employees and primary management officials, 

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

background investigations for inspection by the Chairman of the National Indian 

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

date of termination of employment. 

G. Granting a Gaming License 

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

Commission receives a report, the National lndian Gaming Commission notifies the 

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

application filed by a key employee or a primary management official for whom the 

tribe has provided an application and investigative report to the national Indian 

Gaming Commission, the Tribe may issue a license to such applicant. 

2. The Tribe shall respond to a request for additional information from 

the chairman of the National Indian Gaming Commission concerning a key 

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

request shall suspend the 30-day period under paragraph G. 1. of this section until 

the Chairman of the National Indian Gaming Commission receives the additional 

information. 

3. If, within the thirty (30) day period described above, the National 

Indian Gaming Commission provides the Tribe with a statement itemizing 

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

management official for whom the Tribe has provided an application and 

investigative report to the National Indian Gaming commission, the Tribe shall 

reconsider the application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the final decision 

whether to issue a license to such applicant. 

H. License Suspension 

1. If, after the issuance of a gaming license, the Tribe 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 D. above, the Tribe shall suspend such license and shall notify in writing 

the licensee of the suspension and the proposed revocation. 

2. The Tribe shall notifl the licensee ofa time and aplace for a hearing 

on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to revoke or to 

reinstate a gaming license. The Tribe shall notify the National Indian Gaming 

Commission of its decision. 

43.908 License Locations 

The Tribe shall issue a separate license to each place, facility, or location on Indian 

lands where class I1 and/or 111 gaming is conducted under this ordinance. 

To the extent that they are inconsistent with this ordinance, all prior gaming 

ordinances are hereby repealed. 
CHAPTER X: PER CAPITA DISTRIBUTION ORDINANCE 

STATEMENT OF POLICY. 

In order to promote the general welfare of the Tribe and its members, this Ordinance 

is intended to provide for fair and equitable per capita distribution to duly enrolled tribal 

members of revenues appropriated by the Lac du Flambeau Tribal Council from gaming 

activities conducted by and on behalf of the Tribe. This Ordinance combines both the per 

capita plan and the revenue allocation plan of the Tribe. 

43.1002 DEFINITIONS. 

For purposes of this Ordinance: 

(1) "Act" means the Indian Gaming Regulatory Act, Pub. L. 100-497'25 U.S.C. 

$270 1 et sea. 

(2) "Children's Trust Funds" or "CTFs" shall mean the trust funds established 

under 543.1005 for all minor Members and legally incompetent adult Members eligible to 

receive per capita payments. 

(3) "Council" means the duly elected Lac du Flambeau Tribal Council. 

(4) "Members" means those persons, including otherwise eligible minor 

children and other legal incompetents, who are duly recognized as members of the Lac du 

Flambeau Tribe. 

(5) "Need based public benefit program" means programs which use the amount 

of the applicant's monthly income as one factor in determining eligibility. Definition added 

by Resolution No. 173(00) April 14, 2000. 

(6) "Net revenues" means gross revenues of tribal gaming activities less 

amounts paid out as, or paid for, prizes and total operating expenses including debt service 

but excluding management fees paid to a management contractor within the meaning of 25 

U.S.C. $27 1 I (c). Section renumbered by Resolution No. 1 73(00) April 14, 2000. 

(7) "Ordinance" means this Per Capita Distribution Ordinance. Section 

renumbered by Resolution No. 173(00) April 14, 2000. 

(8) "Revenue Allocation Plan" means the revenue allocation plan included in 

943.1003 of this Ordinance providing a percentage allocation of uses of funds derived from 

tribal gaming operations. Section renumbered by Resolution No. 173(00) April 14, 2000. 

(9) "State" means the state of Wisconsin. Section renumbered by Resolution 

No. 1 73(00) April 14, 2000. 
(10) "Trustee" means a professional asset management firm with suitable 

expertise and discretion selected by the Lac du Flambeau Tribal Council. The Council shall 

only be empowered to select qualified financial institutions as Trustee. Such selection shall 

be limited to state and federally chartered banks, trust companies and investment brokerage 

firms which, at the time of engagement manage assets of five hundred million dollars or 

more. Section renumbered by Resolution No. 173(00) April 14, 2000. 

43.1003 APPROPRIATIONS AND APPLICATION OF TRIBAL GAMING 

REVENUES. 

(1) In order to provide for the general welfare of the Tribe and its members, the 

Lac du Flambeau Tribal Council shall review periodically throughout the fiscal year at 

times it deems appropriate, the income, expenses, and management of tribal gaming 

operations, and after due consideration of the overall need to fund tribal government 

operations and programs, the overall needs of the Tribe and its members, and the need to 

promote tribal economic development, shall determine whether to make any changes to the 

Revenue Allocation Plan providing for appropriate percentage allocation of Tribal Gaming 

Revenues within the annual budget of the Tribe. The Council shall also determine what 

amount, if any, of the revenues allocated to general welfare purposes shall be appropriated 

for distribution as per capita payments. An affirmative vote of at least a majority of the 

members ofthe Council shall be required to approve any changes to the Revenue Allocation 

Plan or to authorize per capita appropriations. 

(2) The initial allocation of Tribal Gaming Revenues shall be as follows: 23% 

(TWENTY-THREE PERCENT) for tribal government operations and programs; 69% 

(SIXTY-NINE PERCENT) to provide for the general welfare of the Tribe or its members; 

7% (SEVEN PERCENT) to promote tribal economic development; 1 % (ONE PERCENT) 

for charitable donations; and 0% (ZERO PERCENT) to fund the operation of local 

governmental services. 

(3) The portion allocated to Tribal Government Operations and Programs shall 

fund: the Council's activities, Executive Offices, Finance Department, Computer System, 

Personnel Department, Property and Procurement Oftice, Newsletter, Legal Department, 

Legal Fees, Investigation and Audits, Tribal Courts, Constitutional Reform, etc. 

(4) The portion allocated to the General Welfare of the Tribe and its members 

shall fund: Education Administration, Tribal Scholarships, Community Education, Support, 

Headstart Support and Building, employee assistance, training, Public Works Department, 

new homes and mobile homes, repairs and maintenance, Health Department, Tribal aging 

unit, per capita payments, etc. 

(5) The portion allocated to Economic Development shall fund; the Planning 

Department, Development Department, Business Loans, land acquisitions, purchase of 

businesses, Enterprise Management, Casino Department Service, casino expansion, etc. 
(6) The charitable donations will be decided by the Council based on requests. 

(7) Funding for the operation of local government services will be coordinated 

by the Council. 

MEMBERSHIP AND ELIGIBILITY. 

(I) Applications. Written Determination of Eligibility. All members of the 

Lac du Flambeau Tribe that are on the tribal rolls shall be eligible to receive per capita 

distributions. Persons seeking membership in the Lac du Flambeau Tribe may fill out an 

application for membership in accordance with the Tribal Enrollment Ordinance. 

Applications for membership may be made at any time, and shall be submitted in such form 

and manner as the Enrollment Oficer may reasonably require. In order to provide for the 

orderly review and consideration, applications submitted within 60 (sixty) days or less of 

a scheduled distribution date shall not be found eligible for distribution until the next 

scheduled distribution. At least 45 (forty-five) days but no longer than 50 (fifty) days 

before the annual date of the distribution of per capita payments as provided in Section 6 

of this Ordinance, the Enrollment Officer shall publish a list of those persons found eligible 

for such payments or whose eligibility is dependent on action on their application for 

enrollment. Any applicant found not to be eligible shall be provided with a written 

determination of the basis for the denial. 

(2) Appeal of Findings. Any person who believes that the Enrollment Officer 

has erroneously made a determination regarding his or her own membership or residency 

may appeal that as provided for in Chapter 10 of the Tribe's ordinances, entitled, 

"Membership Ordinance". 

43.1005 MINORS AND OTHER LEGAL INCOMPETENTS. 

(1) The interests ofminors and other legally incompetent Members, or members 

whose addresses are unknown at the time of a distribution, otherwise entitled to receive per 

capita payments shall be disbursed as follows. Within 60 days of passage of this Ordinance 

a Children's Trust Fund, which shall be irrevocable, shall be established for each minor 

Member and legally incompetent adult Member eligible for per capita payments. The 

Council shall select a Trustee with suitable expertise and discretion to administer the CTFs. 

Trust assets shall be invested in a reasonable and prudent manner which protects the 

principal and seeks a reasonable return. The Trustee shall disburse the proportional assets 

of each CTF to the beneficiary thereof upon reaching the age of eighteen (18); this 

provision shall not operate to compel disbursement of funds to Members legally determined 

to be incompetent. 

(2) Members whose whereabouts are unknown shall also have their money 

added to the CTF and said monies shall be held until their whereabouts are know or until 

reasonable proof of death is presented to the Tribal Court at which time the monies due to 

the member shall be distributed to their estate. If no heirs can be determined by the Tribal 
Court, the monies shall be returned to the Tribe. 

(3) Funds in the CTF of a minor or legally incompetent member shall be 

available for the benefit of a beneficiary's health, education and welfare when the needs of 

such person are not being met from other Tribal finds and upon a finding of special need 

by the Lac du Flambeau Tribal Court. In order to request such finds, a written request must 

be submitted to the Tribal Court by the beneficiary's parent or legal guardian. The parent 

or legal guardian shall maintain records sufficient to demonstrate that the funds disbursed 

were expended as required by this Ordinance and any applicable state or federal law. The 

procedure that shall be followed in making this request is that it is to be in writing on an 

application form available from the Department of Social Services that has been approved 

by the Per Capita Committee and the Tribal Court judges. This form shall include 

information under oath that the needs of such person are not being met from other Tribal 

funds. This application shall also recite under oath what special needs must be met. Upon 

application and filing with the Tribal Court a hearing shall be conducted after at least three 

working days notice is given to the Department of Social Services, the Tribal Secretary, and 

the Tribal Treasurer. The application form shall include a notice to the applicant that if the 

funds are expended in a way other than as authorized by this Ordinance or any applicable 

state or federal law that the Tribe will seek prosecution of the responsible party(ies). 

43.1006 PAYMENTS. 

(1) Any per capita payments authorized by the Council pursuant to $43.1003 

shall be made annually on or before the first Monday in the month of December to all 

Members eligible for the distribution in accordance with $43.1004, and in proportionate 

shares to the CTFs on behalf of the beneficiaries thereof. All members living on October 

1" of the distribution year shall be eligible for payment even if they subsequently die. 

(2) In order to promote the social welfare of the tribe, a monthly supplemental 

income distribution of up to five hundred ($500) dollars shall be made to all Members age 

55 and above eligible for the distribution in accordance with 443.1004, provided those 

Members are not participating in other need based public benefit programs. Those 

Members participating in need based public benefit programs shall receive their 

supplemental income distribution with the per capita payment made to all members in 

paragraph (1) of this section or at such time as determined by the Council. The amount of 

monthly supplemental income distribution shall be determined based upon availability of 

funds and provided for as a line item of the General Fund Operation Budget. Section 

adopted per Resolution No. 1 73(00) April 14, 2000. 

(3) Unless there is an approved loan and repayment schedule in effect prior to 

the distribution close out date of October 1 of the distribution year and the member is not 

in default on that schedule, any monies owed to the Tribe, to any Tribal Enterprise or to the 

Tribal Court, shall be deducted from any members per capita payment until such debt 

andtor obligation to the Tribe is paid in full. Section renumbered by Resolution No. 1 73(0O) 

April 14, 2000. 
TAXATION. 

The per capita payments are subject to Federal taxation. Members receiving 

payments shall be informed that they are responsible for payment of applicable taxes. The 

Tribe will deduct and withhold any applicable federal taxes as required by Section 3402(r) 

of the Internal Revenue Code of 1986. 

AMENDMENTS. 

This ordinance may be amended by the action of the Lac du Flambeau Tribal 

Council, in a meeting at which a quorum is present, but only upon the affirmative vote of 

a majority of the members. All amendments shall be subject to the approval of the 

Secretary of the Interior before they become effective. 
TRIBAL CODE 

CHAPTER 43.10 - PER CAPITA PAYMENT DISTRIBUTION ORDINANCE 

ADDENDUM #1 

The Lac du Flambeau Band of Lake Superior Chippewa Indians financed 

construction of the Lake of the Torches Casino in 1996, with the pay off scheduled in June 

of 1999. At the time of financing, tribal members were asked to be patient and told that 

when the casino was paid off, they would receive a per capita payment. 

Therefore, the Lac du Flambeau Tribe wishes to make a special one time payment 

of $1500.00 each to its tribal members. This special payment would be made from funds 

available through the General Fund Per Capita Account. 

This Special June 30, 1999 distribution shall not affect the payment schedule 

outlined in the Tribal Code, Chapter 43.10, Per Capita Payment Distribution Ordinance, 

which shall remain in tact until such time as the tribe decides if and when it will make more 

frequent payments. 

The following shall apply for the Special June 30, 1999 One Time payment: 

(1) Applications. Written Determination of Eligibility. All members ofthe Lac 

du Flambeau Tribe that are on the tribal rolls shall be eligible to receive the Special June 

30, 1999 per capita distribution. Persons seeking membership in the Lac du Flambeau 

Tribe may fill out an application for membership in accordance with the Tribal Enrollment 

Ordinance and shall be submitted in such form and manner as the Enrollment Officer may 

reasonably require. In order to provide for the orderly review and consideration, 

applications submitted within 40 days or less of scheduled distribution date shall not be 

found eligible for the Special June 30, 1999 distribution. At least 25 days but no longer 

than 30 days before the Special June 30, 1999 distribution of per capita payments as 

provided in Section 4 of this Addendum, the Enrollment Officer shall publish a list of those 

persons found eligible for such payments. Any applicant found not to be eligible shall be 

provided with a written determination for the basis for the denial. 

(2) Auoeal of Findings. Any person who believes that the Enrollment officer 

has erroneously made a determination regarding his or her own membership may appeal 

that as provided for in Chapter 10 of the Tribe's ordinances, entitled, "Membership 

Ordinance." 

(3) Minors and Other Legal Incompetents. The interests 

of minors and other legal incompetent members, or members whose addresses are unknown 

at the time of the distribution, otherwise entitled to receive per capita payments shall be 

placed in the Children's Trust Fund and handled in accordance with Chapter 

43.1005(1)(2)(3). 
(4) Pawnents. This Special July 30, 1999 distribution, authorized by the 

Council pursuant to this Addendum # 1, shall be made in accordance to the provisions set 

forth herein to all members eligible for the distribution, and in proportionate shares to the 

CTFs on behalf of the eligible for the Special July 30, 1999 distribution even if they 

subsequently die. 

(5) Unless there is an approved loan and repayment schedule in effect prior to 

the distribution day of July 30, 1999 and the members in not in default on the schedule, any 

monies to the Tribe, to any Tribal Enterprise or to the Tribal Court, shall be deducted from 

any members per capita payment until such debt andlor obligation to the Tribe is paid in 

full. 

(6) TAXATION. The per capita payments are subject to Federal taxation. 

Members receiving payments shall be informed that they are responsible for payment of 

applicable taxes as required by Section 3402(r) of the Internal Revenue Code of 1986. 

Resolution No. 230(99)