NISQUALLY TRIBAL COUNCIL

RESOLUTION NO. 43-1995 Q4(1 t~

NISQUALLY GAMING ORDINANCE~ TITLE 22T

WHEREAS, the Nisqally Indian Tribe is the successor descendent entity of the Nisqually

Nation signatory to the Treaty of Medicine Creek of 1854 (10 Stat. 1132), and unto this

day has retained and maintained its Tribal identity, its governing body, and its

sovereign powers; AND,

WHEREAS, the Nisqually Indian Tribe is the federally recognized American Indian Tribe

organized under its governing Constitution and Bylaws approved by the U.S. Secretary

of the Interior on September 9, 1946, and as amended on October 28, 1994, pursuant to

Section 16 of the Indian Reorganization Act, 25 U.S.C. 476; AND

WHEREAS, the Nisqally Indian General Council is the duly constituted governing body

of the Nisqually Tribe, and the Tribal Council the duly elected representative body of

the Community Council by the authority of the Tribes Constitution and Bylaws; AND

WHEREAS, the Tribal Council adopted by Resolution 191-1988 an Interim Gaming

Ordinance to govern the conduct of gaming on the Nisqually Reservation, and which

was amended by the adoption of Resolution 30-1989 under recommendations by the

Office of the Regional Solicitor, and further amended by adoption of Resolution 73-1994;

AND

WHEREAS, the National Indian Gaming Commission disapproved in May of 1995, by

letter, the above-referenced Interim Gaming Ordinance, and provided the Tribe with a

list of requirement including dispute resolution and background investigations,

deficiencies which have been corrected and amended to meet the federal and NIGC

requirements; NOW

THEREFORE BE IT RESOLVED BY THE NISQUALLY TRIBAL COUNCIL that the attached

Interim Gaming Ordinance of the Nisqually Indian Tribe (Title 22T) is hereby adopted to

replace the current ordinance in Title 22 and 22T (dated 10/1994) of the Nisqually Tribal

Code and shall remain in effect until a permanent ordinance is approved by the

General Council of t~-ie Nisqually Tribe; AND

BE IT FURTHER RESOLVED that the attached procedures for resolving disputes

between the gaming public and the Tribe, and background investigations compliance

are hereby adopted.:
Page 2 Resolution 43-1995, Nisqually Gaming Ordinance

CERTIFICATION

I certify that the above Resolution 43-1995 was adopted at a regular meeting of the

Nisqually Tribal Council, following procedures prescribed in the Tribes Election

Ordinance, on the 13th day of June, 1995, on the Nisqually Indian Reservation,

Washington, at which time a quorum was present and voting 7 FOR, 0 AGAINST, 0

ABSTAINED.

A~EST:

MT L ST~ TCHAJRMAN STEPHANIE I. SC ,

SECRETARY

NISQUALLY INDIAN COMMUNITY NISQUALLY INDIAN COMMUNITY
GAMING ORDINANCE

OF

THE NISQUALLY INDIAN TRIBE

TITLE 22T

6/14/95
I GAMING

TITLE 22T

Table of Contents

Chapter 22T.0 1

22T.0 1.01

Purpose

Purpose

1

Chapter 22T.02

22T.02.0 1

Gaming Authorized

Gaming Authorized

Chapter 22T.03 Ownership of Gaming and Operation of

Gaming Establishments

22T.03.01 Ownership of Gaming

22T.03.02 Operation of Gaming Establishments

2

Chapter 22T.04

22T.04.0i

22T.04.02

Chapter 22T.05

22T.05.01

22T.05.02

2

2

2

3

3

3

Chapter 22T.06 Protection of the Environment and

Public Health and Safety

22T.06.01 Protection of the Environment and

Public Health and Safety

3

Chapter 22T.07 Licenses for Key Employees and Primary

Management Officials

22T.07.01 Licenses for Key Employees and Primary

Management Officials

Definitions

Application Forms

Background Investigations

Eligibility Determination

Procedures for Forwarding Applications and Reports

for Key Employees and Primary Management Officials

to the National Indian Gaming Commission

Report to the National Indian Gaming Commission

Licenses

License Suspension

Use of Gaming Revenue

Authorized Use

Per Capita Payments

Audit

Annual Audit

Gaming Related Contracts

22T.07.02

22T.07.03

22T.07.04

22T.07.05

22T.07.06

22T.07.07

22T.07.08

22T.07.09

3568

8

9

10

13

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Table of Contents -2

Chapter 22T.08 Ucense Locations .

13

22T.08.O1 Ucense Locations 13

Chapter 22T.09 Repeal 13

22T.09.O1 Repeal 13

Chapter 22T.1O Amendments 14

22T.1U.O1 Amendments 14

Chapter 22T. 11 Sovereign Immunity Preserved 14

22T.1 1.01 Sovereign Immunity Preserved 14

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TITLE 22T

GAMING

Chapter 22T.01 Purpose

22T.01.01 Purpose

The Nisqually Tribe (hereinafter Tribe), empowered by the Tribes Constitution to enact

ordinances and Commnity Council Resolution No. 4-1989 which authorizes a special election

to adopt a gaming ordinance, hereby enacts this ordinance in order to set the terms for Class

II and Class III gaming operations on tribal lands.

Chapter 22T.02 Gaming Authorized

22T.02.O 1 Gaming Authorized

(a) Class I gaming shall be allowed within the jurisdictional territory of the

Nisqually Tribe and shall not be regulated. Class I games include social

games solely for prizes of minimal value or traditional forms of Indian gaming

engaged in by individuals as a part of, or in connection with, Tribal ceremonies

or celebrations.

(b) Class II gaming as defined in the Indian Gaming Regulatory Act, P.L. 100-447,

25 U.S.C. Section 2703 (7) (A) (IGRA) and by the regulations promulgated by

the National Indian Gaming Commission as 25 C.F.R. § 502.3 (as published

in the Federal Register at 57 FR 12382-12393, April 9, 1992) is hereby

authorized.

(c) Class III gaming includes all forms of gaming that are not Class I or Class II

games. Class 111 gaming shall be conducted in accordance with the terms of a

gaming compact between the Tribe and the State of Washington or as

otherwise allowed by federal law.

(d) The Gaming Commission shall, to the extent required, comply with any

reporting requirements established under a tribal-state compact to which the

Tribe is a party and other applicable law, including the IGRA.

Chapter 22T.03 Ownership of Gaming and Operation of Gaming Establishments

22T.03.0 1 Ownership of Gaming

The Tribe shall have the sole propriety interest in and responsibility for the conduct of any

gaming operation authorized by this Ordinance.

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22T.03.02 Operation of Gaming Establishments

(a) Gaming Permitted as Licensed Except to the extent authorized by an

agreement pursuant to the provisions of IGRA or as otherwise permitted by

law, Gaming Activities shall only be conducted in tribally owned, operated and

licensed facilities pursuant to the provisions of this Act. Such activities shall be

conducted in accordance with the terms and conditions of any license issued

by the Tribe for such purposes as to each facility before any Gaming Activities

may occur therein. Such licenses shall specify the hours of operation, type and

scope of Gaming Activities allowed therein, permitted uses of the facility for

other activities, rules of conduct for employees and patrons, regulation of

alcoholic beverages, food handling and entertainment, and such other matters

as the Gaming Commission or the Tribal Council may deem necessary to the

conduct of Gaming Activities therein.

(b) Dispute Resolution Patrons who have complaints against the Gaming

establishment shall have as their sole remedy the right to file a petition for

relief with the Gaming Commission. For such purposes, disputes with any

management contractor or its employees shall be made to the Gaming

Commission, and such shall be the exclusive remedy for patron complaints.

Complaints shall be submitted in writing and, at the discretion of the Gaming

Commission, the petitioner may be allowed to present evidence. The Gaming

Commission will render a decision in a timely fashion and all such decisions

will be final when issued. Any patron having a claim against the gaming

establishment or a management contractor or its employees must submit such

claim to the Gaming Commission within thirty (30) days of its occurrence. All

claims by patrons shall be limited to a maximum recovery of $10,000 per

occurrence, and a cumulative limit of $20,000 per patron in any twelve (12)

month period. Except to the extent provided herein, all damage suits against

an employee, officer, agent, or manager or director of the Tribe or any of its

departments or divisions for disputes arising under this Act or regulations

promulgated hereunder, are prohibited.

Chapter 22T.04 Use of Gaming Revenue

22T.04.01 Authorized Use

Net revenues from Class II and Class III gaming shall be used only for the following

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

welfare of the Tribe and its members; promote tribal economic development; donate to

charitable organizations; or help fund operations 0f local government agencies.

221.04.02 Per Capita Payments

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 Interior under 25 U.S.C.

§ 2710(b)(3).

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Chapter 22T.05 Audit

22T.05.0 1 Annual Audit

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

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

Commission.

22T.05.02 Gaming Related Contracts

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 subsection 22T.05.0 I above.

Chapter 22T.06 Proteclion of the Environment and

Public Health and Safety

22T.06.0 1 Protection of the Environment and Public Health and Safety

Class II and Class III gaining facilities shall be constructed, maintained and operated

in a manner that adequately protects the environment and the public health and

safety.

Chapter 22T.07 Ucenses for Key Employees and

Primary Management Officials

22T.07.0l Ucenses for Key Employees and Primary Management Officials

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 II and Class III gaining enterprise operated on Indian lands.

22T.07.02 Definitions

Unless specified otherwise, terms used herein shall have the same meaning as in

IGRA, including but not limited to references to Net Revenues, Class I, Class II,

and Class III gaining, and except for references to Commissioners,

Commission, or Gaming Commission which shall mean the Nisqually Gaming

Commission or its Commissioners, established and described herein.

(a) Closely Associated Independent Contractor shall mean any contractor

that shares common ownership, officers or directors with any

management principal or person related thereto.

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(b) Gaming shall mean an activity in which a person stakes or risks some

thing of value on the outcome of a contest of chance or a future

contingent event, not under his or her control or influence, upon an

agreement or understanding that the person, or someone else, will

receive something of value in the event of a certain outcome, but shall

not include bona fide business transactions.

(c) Gaming Activities shall mean any Class I, Class II, or Class III gaming

activity conducted by or under the jurisdiction of the Tribe.

(d) Gaming Commission shall mean the Nisqually Gaming Commission,

as established herein to monitor the Gaming Activities, investigate

wrongdoing, conduct background investigations, issue licenses, and

perform other duties as required for the regulation of Gaming on the

Reservation.

(e) Gaming Contractor shall mean any person or entity that supplies

gaming devices or other gaming equipment, personnel or services

including gaming management or consulting services to any gaming

activity or enterprise.

(f) Gaming Enterprise shall mean any gaining business, event, enterprise

or activity conducted by or under the jurisdiction of the Tribe.

(g) Immediate Family shall mean and is limited to, the subject individuals

spouse, children, and parents -- adopted or biological.

(h) Key Employee shall mean 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 gaming devices

including those persons with access to cash and accounting records

within such devices. If not otherwise included, any other person whose

total cash compensation is in excess of $50,000 per year, and the four (4)

most highly compensated persons in the Gaming Enterprise are

included in the definition of key employees. At the discretion of the

Gaming Commission, other positions or persons may be included under

the subject of the requirements for key employees.

(i) National Indian Gaming Commission (NIGC) shall mean the

Commission established under IGRA.

(j) Person~ shall mean any natural person or entity, including but not

limited to corporations, partnerships and trusts.

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(k) Primary Management Official shall mean the person who has

management responsibility for a management contract; any person who

has authority to hire and fire employees or to set up working policy for

the Gaining Enterprise; or the chief financial officer or other person who

has financial management responsibility. At the discretion of the

Gaining Commission, other positions or persons may be included under

the subject to the requirements for primary management officials.

(1) Related to shall refer to persons who are related as a father, mother,

sister or brother.

(m) Reservation shall mean all lands under the jurisdiction and control of

the Tribe.

(n) State shall mean the State of Washington.

(a) Tribal Council shall mean the governing body of the Tribe, as set forth

in the Tribes Constitution and By-laws.

(p) Tribal Court shall mean any court established by the Tribe to hear

disputes or, if there is none, the Tribal Council.

(q) Tribal Member shall mean any duly enrolled member of the Tribe.

22T.07.03 ~pplications Forms

(a) The following notice shall be placed on the application form for a key

employee or a primary management official before that form is filled out

by an applicant:

In compliance with the Privacy Act of 1974, the following

information is provided: Solicitation of the information on this

form is authorized by 25 U.S.C. 2701 et seq. The purpose of the

requested information is to determine the eligibility of individuals

to be employed in a gaming operation. The information will be

used by National Indian Gaming Commission members and staff

who have need for the information in the performance of their

official duties. The information may be disclosed to appropriate

Federal, Tribal, State, Local or Foreign law enforcement and

regulatory agencies when relevant to civil, criminal or regulatory

investigations or prosecutions or when pursuant to a requirement

by a Tribe or the National Indian Gaming Commission in connec

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

revocation of a gaming license, or investigations or activities

while associated with a tribe or a gaming operation. Failure to

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consent to the disclosures indicated in this notice will result in a

tribes being unable to hire you in a primary mcmagement official

or key employee position.

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

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

processing your application.

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

notified in writing that they shall either:

(1) Complete a new application form that contains a Privacy

Act Notice; or

(ii) Sign a statement that contains the Privacy Act Notice and

consent to the routine uses described in that notice.

(c) The following notice shall be placed on the application form for a key

employee or a primary management official before that form is filled out

by an applicant.

A false statement on any part of your application may be grounds

for not hiring you, or for firing you after you begin work. Also, you

may be punished by fine or imprisonment. (U.S. Code, title 18,

section 1001.)

(d) The Tribe shall notify in writing existing key employees and primary

management officials that they shall either:

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

regarding false statements; or

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

statements.

22T.07.04 Background Investigations

(a) The Gaming Commission shall request from each Primary Management

Official and each Key Employee all of the information specified in

subsections (i) through (xiv) below. Further, each other applicant for a

Class A license, except as provided otherwise by the Gaming

Commission, shall also submit the information specified in (i) through

(xiv) below. The Gaming Commission reserves the right, at any time, to

request additional information either prior to, during, or subsequent to

any background investigation.

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

security number(s), birth date, place of birth, citizenship,

gender, all lcmguages (spoken or written);

(ii) Currently and for the previous ten (10) years: business and

employment positions held, ownership interests in those

businesses, business and residence addresses, and

drivers license numbers;

(iii) The names and current addresses of at least three (3)

personal references, including one personal reference who

was acquainted with the applicant during each period of

residence listed under paragraph (a)(ii) above;

(iv) Current business and residence telephone numbers;

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

tionships with the gaming industry generally, including

ownership interests in those businesses;

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

tionships with Indian Tribes, including ownership interests

in those businesses;

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

agency with which the person has filed an application for a

license or permit related to gaming, whether or not such

license or permit was granted;

(viii) For each felony for which there is an ongoing prosecution

or conviction, the charge, the name and address of the

court involved, and the date and disposition, if any, of the

case;

(ix) For each misdemeanor conviction or ongoing misde

meanor prosecution (excluding minor traffic violations),

within ten (10) years of the date of the application, the

name and address of the court involved and the date and

disposition, if any, of the case;

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

whether or not there is or was a conviction, if such criminal

charge is within ten (10) years of the date of the application

and is not otherwise listed pursuant to paragraph (a)(viii) or

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(a)(ix) above, the criminal charge, the name cmd address of

the court involved and the date and disposition, if any, of

the case;

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

agency (federal, tribal, state, local or foreign) with which

the person has filed an application for an occupational

license or permit, whether or not such license or permit

was granted;

(xii) A current photograph;

(xiii) Any other information the Gaming Commission deems

relevant; and

(xiv) Fingerprints consistent with procedures adopted by the

Gaming Commission according to 25 C.F.R § 522.2(h).

(b) The Tribe shall conduct or cause to be conducted an investigation,

through the Gaming Commission sufficient to make a determination of

eligibility as required under this Act. In conducting a background

investigation, the Gaming Commission shall promise to keep

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

investigation.

22T.07.05 Eligibility Determination

The Gaming Commission shall review a persons prior activities, criminal record, if

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

eligthiity of a key employee or primary management official for employment in a

gaming operation. If the Gaming Commission 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.

22T.07.06 Procedures for Forwarding Applications and Reports for Key Employees

and Primary Management Officials to the National Indian Gaming

Commission

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

gaming operation authorized by this ordinance, the Gaming

Commission shall forward to the National Indian Gaming Commission a

completed application for employment and conduct the background

6/14/95 8
investigation and make the determination referred to in subsection

22T.07.05 of this section.

(b) The Gaming Commission shall forward the report referred to in sub

section 22T.07.07 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.

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

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

days.

22T.07.07 Report to the National Indian Gaining Commission

(a) Pursuant to the procedures set out in subsection 22T.07.06 of this section,

the Gaming Commission shall prepare and forward to the National

Indian Gaming Commission an investigative report on each background

investigation. An investigative report shall include all of the following:

(i) Steps taken in conducting a background investigation;

(ii) Results obtained;

(iii) Conclusions reached; and

(iv) The basis for those conclusions;

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

eligibility determination made under subsection 22T.07.05 of this section.

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

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

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

tive report (if any) to the National Indian Gaming Commission for

inclusion in the Indian Gaming Individuals Records System.

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

Gaming Commission shall retain applications for employment and

reports (if any) of background investigations for inspection by the

Chairman of the National Indian Gaming Commission or his or her

designee for no less than three (3) years from the date of termination of

employment.

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22T.07.08 Licenses

(a) licensing Requirements It is the declared policy of the Tribe thai all

Gaming Activities be licensed and controlled so as to protect the morals,

good order and welfare of Tribal Members and other persons on the

Reservation and to preserve the honesty, fairness and integrity of such

Gaming Activities. Accordingly, no person shall engage in any Class II

or Class III Gaming Activities on the Reservation without an appropriate

and valid Independent Class II or Class Ill license issued by the Gaming

Commission. Any gaming license which is issued, or finding of

suitability or approval by the Gaming Commission, shall be deemed a

privilege subject to suspension or revocation. No license shall be issued

that would place the Tribe in violation of the IGRA and regulations prom

ulgated thereunder and, as applicable, provisions of a tribal-state

compact, or of any applicable law.

(b) Burden on Applicant The burden of proving an applicants qualification

to receive any license hereunder is at all times on the applicant.

Applicants must accept any risk of adverse public notice, embarrass

ment or other action which may result from the application process and

expressly waive any claim for damages as a result thereof.

(c) Applicant Claim of Privilege An applicant may claim any privilege

afforded by law in connection with a gaming license application or

investigation, but a claim of privilege with respect to any testimony or

evidence pertaining thereto may constitute sufficient grounds for denial,

suspensicn or revocation.

(d) Release of Information All persons applying for a license shall agree to

release all information necessary in order for the Gaming Commission

to achieve its goals under this Act, and to furnish such information to the

Bureau of Indian Affairs, the NIGC, or such other governmental agency

as it may be required by law.

(e) Types of Licenses Three classes of licenses (Class A, Class B, and

Class C) shall be issued to persons and entities associated with Gaming

Activities.

(1) Class A license Before permitting any person to become

permanently associated with the Gaming Activities as an investor,

management entity, or other person owning or controlling ten

percent (10%) or more of any interest in any management entity,

or any Primary Management Official, Key Employee, Closely

Associated Independent Contractor, or other individual or entity

with influence over the management or operation of the gaming,

6/14/95 10
or a Class II or Class III gaming employee, supplier, manufacturer

or distributor, such person shall obtain a Class A license. The

Gaming Commission shall conduct or cause to be conducted a

background investigation to determine if such person has:

a. Any criminal record or any reputation, prior

activities, habits or associations which might pose a

threat to the public interest or to the effective regula

tion of gaming.

b. Anything else in their background which might

create or enhance the dangers of unsuitable, unfair,

or illegal practices and methods and activities in the

conduct of gaming.

Persons who do not meet the above qualifications shall be denied

a Class A license.

(2) Class B License Persons who are not among those identified in

subsection (1) above, but are to be employed at a gaming facility

on the Reservation in some other capacity, such as in non-gaming

related activities, shall be required to obtain a Class B license

from the Gaming Commission. Such persons must establish that

they have not been convicted of a crime, or engaged in any

activity, which the Gaming Commission in its sole discretion

deems would render such person a danger to the safety or

integrity of the Gaming Activities or the safety or property of the

Tribe, any Tribal Member, any gaming employee or patron, or the

public.

(3) Class C License Minors (persons under 18 years of age)

employed at a gaming facility on the Reservation may be issued a

Class C license, which will entitle them to work in any position for

which a Class B license is required for adults and not otherwise

prohibited by law, provided such minors are not deemed by the

Gaming Commission to pose any threat to the safety or integrity of

the Gaming Activities or to the safety or property of the Tribe, any

Tribal Member, any gaming employee or patron, or the public.

The Class C license shall be valid for no more than six (6) months

before renewal, and shall be revoked upon the minors reaching

the age of 18, at which time a Class A or Class B license, as may

be appropriate, will be required. Minors shall not be employed as

de~ilers or otherwise to operate or supervise the operations of

games, or to serve liquor.

6/14/95 11
(f) License Renewal Class A and Class B licenses shall be subject to

renewal at least annually, and may be revoked or suspended upon the

occurrence of any act which, if known during the application process,

would have tended to disqualify such person for such a license.

(g) Temporary Licenses Pending completion of an investigation for a

license, temporary licenses of no more than ninety (90) days duration

may be issued by the Gaming Commission if in its sole discretion it

deems it appropriate to do so. Such licenses shall permit the licensee to

engage in such activities and pursuant to such terms and conditions as

may be specified by the Gaming Commission. Such temporary licenses

shall expire ninety (90) days from date of issuance, upon issuance of a

regular license, or until an earlier specified expiration date, whichever

occurs first. Only one temporary permit shall be issued to any one

applicant.

(h) License Investigations The Gaming Commission may employ all

reasonable means, including the engagement of outside services and

investigators and the holding of hearings, to acquire the information

necessary to determine whether or not a license should be issued.

Applicants shall also agree to release all information necessary in order

for the Gaming Commission to achieve its goals under this section and

to furnish such information to the Burea of Indian Affairs, the NIGC, or

such other agency as may be required by law.

(i) License Fees Unless specifically waived by the Gaining Commission,

all license applicants shall be required to pay all applicable license fees

and costs when due, including a reasonable deposit for costs incurred

in obtaining information in connection with the license application.

Estimates of licensing costs shall be provided to applicants upon

reasonable request. Payment for all fees and costs must be received by

the Gaming Commission prior to issuance of the license.

(j) Standards All persons engaged by or associated with any Gaining

Activities on the Reservation shall conduct themselves with honesty,

integrity, and with such decorum and manners as may be necessary to

reflect positively on the Tribe, its members and the Gaming Activities

involved. Any failure to abide by such standards, or any violation of any

rule, ordinance, custom or tradition of the Tribe, the Reservation or the

Gaming Activities, or the terms or conditions of the license, may be

grounds for immediate suspension or revocation of any license issued

hereunder.

(k) Appeals All decisions of the Gaining Commission regarding the

issuance or revocation of licenses shall be final and effective when

6/14/95 12
issued. An applicant or licensee whose license is denied, revoked or

suspended may, within fifteen (15) days after the date of receipt of a

written decision of the Gaming Commission, file a petition with the

Gaming Commission requesting a hearing to reconsider the decision.

Any Tribal Member who is denied a license by the Gaming Commission

may, within sixty (60) days of written notice of such denial, appeal the

denial to the Gaming Commission, which shall have the power to

reverse its prior decision and order that such license be issued,

provided that no such license shall be issued for more than one (1) year,

subject tO the renewal procedure set forth herein, and provided further

that no order of the Gaming Commission that a license be issued shall

be valid if such issuance would place the Tribe in violation of any tribalstate compact to which the Tribe is a party, or of any applicable law.

22T.07.09 Ucense Suspension

(a) 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 22T.07.05 above, the Gaming Commission

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

suspension and the proposed revocation.

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

for a hearing on the proposed revocation of a license.

(c) After a revocation hearing, the Gaming Commission shall decide to

revoke or to reinstate a gaming license. The Gaming Commission shall

notify the National Indian Gaming Commission of its decision.

Chapter 22T.08 License Locations

22T.08.0l Ucense Locations

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

lands where Class II and Class III gaming is conducted under this ordinance.

Chapter 22T.09 Repeal

22T.09.0l Repeal

All prior gaming ordinances are hereby repealed.

6/14/95 13
Chapter 22T. 10 Amendments

22T. 10.01 Amendments

All provisions of this Act are subject to revision, repeal, or arnendement by the Tribal

Council at any lime. Regulations promulgated by the Gaming Commission under this

Act are subject to revision, repeal or amendment by the Gaming Commission at any

time.

Chapter 22T. 11 Sovereign Immunity

22T. 11.01 Sovereign Immunity Preserved

Nothing in this Act is intended or shall be construed as a waiver of the sovereign

immunity of the Tribe; and no manager, officer or employee of the Gaming

Commission or the Tribe shall be authorized, nor shall they attempt, to waive the

immunity of the Tribe.

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