ORDINANCE NO. 198

BE IT FURTHER RESOLVED, that the TITLE XXIII, LICENSING AND REGULATION OF

BINGO AND OTHER GAMES OF CHANCE of the Code of Justice of the Standing Rock

Sioux Tribe, be and the same is hereby amended and replace with the attached and

new TITLE XXIII, LICENSING AND REGULATION OF BINGO AND OTHER GAMES OF

CHANCE

ATTACHED PAGES

Title XXIII, i - vi ~JL 2 /

XXIII - 1 through XXIII - 51

RESOLUTION NO. 145-03

BE IT FURTHER RESOLVED, that pursuant to the power vested in the Standing Rock

Sioux Tribal Council under the Constitution of the Standing Rock Sioux Tribe, the

foregoing Ordinance No. 185A amending TITLE XXIII, LICENSING AND

REGULATION OF BINGO AND OTHER GAMES OF CHANCE of the Code of Justice of

the Standing Rock Sioux Tribe and replaced with the attached TITLE XXIII, LICENSING

AND REGULATION OF BINGO AND OTHER GAMES OF CHANCE be and the same is

hereby approved; and

CERTIFICATION

We, the undersigned, chairman and Secretary of the Tribal Council of the Standing

Rock Sioux Tribe, hereby certify that the Tribal Council is composed of 17] members

of whom 16 constituting a quorum, were present at a meeting thereof, duly and

regularly, called, noticed, convened and held on the 3~ day of JUNE, 2003, and that

the foregoing resolution was duly adopted by the affirmative vote of 13 members,

and 2 opposing, and with 1 not voting. THE CHAIRMANS VOTE IS NOT

REQUIRED, EXCEPT INCASE OF A TIE.

DATED THIS 3rd DAY OF JUNE, 2003. -~

ATTEST: Charles W. Murphy, C~~~III1~ (~

Standing Rock Sioux Tribe

.~%f~L4~

Sharon Two Bears, SecrŁ ary

Standing Rock Sioux Tribe

Official Tribal Seal]
TITLE XXIII

LICENSING AND REGULATION OF BINGO AND OTHER GAMES OF CHANCE

(With Amendments through September May 1, 2002 2000

CHAPTER 1. FINDINGS

23-101. The Tribal Council Finds

(a) That, under the principles established by the United States

Supreme Court in California v. Cabazon Band of Mission Indians

94 L.Ed.2d 244 (1987), Indian tribes have the exclusive right to

regulate gaming activity on Indian lands if the activity is not

specifically prohibited by federal law and is conducted within a

state which does not criminally prohibit the activity;

(b) That the United States Congress has enacted the Indian Gaming

Regulatory Act, 25 U.S.C. § 2701 et seq. providing for certain

federal regulation of Indian gaming;

(c) That tribal regulation of gaming activity on the Reservation is vital to

the protection of trust land on the Reservation and to the protection

of the interests of the Tribe and its members;

(d) That to protect the integrity and self-regulation, the Tribe agrees to

adopt a gaming ordinance and regulations which are at least as

stringent as those statutes and administrative rules adopted by the

states of North and South Dakota;

(e) That the Tribe has entered into tribal-state compacts with the State

of North Dakota and the State of South Dakota which provide for the

operation of Class III gaming;

(1) That in order to insure the publics perception of gaming on the

Standing Rock reservation, the integrity and self-regulation of

gaming must be protected;

(g) That operation of bingo and other games of chance by the Tribe

and tribal subdivisions is a valid means of promoting tribal economic

development and the health and welfare of tribal members.
TABLE OF CONTENTS

TITLE XXIII. LICENSING AND REGULATION OF BINGO AND OTHER GAMES

OF CHANCE (With Amendments Through July 1, 2002)

Page

Chapter I. Findings XXIII-I

Chapter 2. Definitions XXIII-2

23-201. Class I Gaming XXIII-2

23-202. Class II Gaming XXIII-2

23-203. Class III Gaming XXIII-2

23-204. Social Games for Prizes of Minimal Value XXllI-3

23-205. Tribal Subdivision XXIII-3

23-206. Net Revenues XXIII-3

23-207. Primary Management Official XXlll-3

23-208. Key Employee XXIII-4

23-209. Non-Gaming Staff XXlIl-4

23-210. North Dakota Compact XXIII-4

23-211. South Dakota Compact XXIII-4

23-212. Act XXlll-4

23-213. North Dakota Portion of the Reservation XXIII-4

23-214. South Dakota Portion of the Reservation XXIII-4
TABLE OF CONTENTS TITLE XXIII (contd) Page

23-215. Commission and Professional Staff XXIII-5

23-216. National Indian Gaming Commission XXIII-5

23-217. Tribe XXIII-5

Chapter 3. Tribal Gaming Commission and Professional Staff XXIII-5

23-301. Establishment XXIII-5

23-302. Function XXIII-6

23-303. Appointment of Members XXIII-6

23-304. Terms XXIII-6

23-305. Qualifications XXIII-7

23-306. Removal and Vacancies XXIII-8

23-307. Meetings XXIII-9

23-308. Compensation XXIII-9

23-309. Monthly Reports XXIII-9

23-310. Notice of Commission Decisions XXIII-9

23-311. Tribal Gaming Commission Chairman-Executive Secretary XXIII-9

23-312. Gaming Inspectors XXIII-10

23-313. Executive Committee Member and Tribal Liaison Officer XXIII-1 I

23-314. Tribal Immunity XXIII-11

Chapter 4. Compliance with the Act XXIII-12

23-401. Applicability XXIII-12
23-402. Sole Proprietary Interest XXIII-12

TABLE OF CONTENTS TITLE XXIII. (contd) Page

23-403. Use of Revenues XXIII-I2

23-404. Audits XXIII-12

23-405. Environmental and Public Health and Safety Standards XXIII-l3

23-406. Status as a Tribal Subdivision XXIII-13

23-407. Licenses for Gaming Activities XXIII-13

23-408. License Fees and Duration of License XX 111-14

23-409. Hearing on Application for a License XXIII-l5

23-410. Conditions of the Tribal License XXIII-l5

23-411. Assignment or Transfer XXIII-16

23-412. Cancellation and Suspension XXIII-16

23-4(3. Report to the Commission XXIII-17

Chapter 5. Background Investigations and Licensing of Key Employees

and Primary Management Personnel XXIII-I7

23-501. License Required XXIII-17

23-502. Background Investigation XXIII-18

23-503. Licensing Standard XXIII-18

23-504. Application for License XXIII-l9

23-505. Determination of Eligibility XXIII-21

23-506. Issuance of License XXIII-22

23-507. Duration of License XXIII-22
23-508. Effect of License Denial XXIII-22

TABLE OF CONTENTS TITLE XXIII. (contd) Page

23-509. Hearings XXIII-22

23-510. License SuspensionXXlll-23

23-511. Appeals XXIII-23

23-512. Law Trained Judges XXIII-24

Chapter 6. Management Contractors XXIII-24

23-601. Management Contracts Allowed XXIII-24

23-602. Standard for Approval XXIII-24

23-603. Submission to the National Indian Gaming Commission XXIII-25

23-604. Licenses Required XXI1I-25

23-605. Background Investigation XXIH-25

23-606. Licensing Standard XXIII-25

23-607. Application for License XXIII-26

23-608. Determination of Eligibility XXIII-27

23-609. Issuance of License XXIII-28

23-610. Duration of License XXIII-28

23-611. Hearings XXIII-28

23-612. License SuspensionXXlll-28

23-613. Definitions XXIII-29

Chapter 7. Class II Gaming XXIII-29

23-701. Conditions XXIII-29
TABLE OF CONTENTS TITLE XXIII. (contd) Page

Chapter 8. Class Ill Gaming XXIII-30

23-801. Applicability XXIII-30

Subchapter A. Gaming in North Dakota XXIII-30

23-802. Applicability XXIII-30

23-803. Governing Law XXIII-31

23-804. Adoption of Compact XXIII-31

23-805. Types of Class Ill Games Authorized XXIII-31

23-806. Bet Limits XXIII-32

23-807. Minimum Age Requirement XXIII-33

23-808. Record Keeping Requirement XXJII-33

23-809. Inspection XXIII-33

23-810. Technical Standards XXIII-33

Subchapter B. Gaming in South Dakota XXIII-33

23-811. Applicability XXIII-33

23-812. Governing Law XXIII-34

23-8 13. Adoption of Compact XXII 1-34

23-814. Types of Class III Games Authorized XXIII-34

23-815. Bet Limits XXIII-34

23-816. Accounting Standards XXIII-34

23-817. Minimum Age Requirement XXIII-34
23-818. Technical Standards for Gaming Machines XXIII-35

TABLE OF CONTENTS TITLE XXIII. (contd) Page

23-819. Number of Gaming Devices )O(lll-35

Chapter 9. No Credit Extended XXIII-35

23-901. No Credit Extended XXIII-35

Chapter 10. Jurisdiction Over Class III Gaming XXIII-35

23-1001. Civil Jurisdiction in South Dakota XXIII-35

23-1002. Civil Jurisdiction in North Dakota XXJII-35

23-1003. Criminal Jurisdiction in South Dakota XXIII-36

23-1004. Criminal Jurisdiction in North Dakota XXJII-36

23-1005. Federal JurisdictionXXlll-36

Chapter I I. Penalties XXIII-36

23-1101. Criminal Penalties XXIII-36

23-1102. Civil Penalties XXIII-36

Chapter I 2. Customer Disputes XXIII-37

23-1201. Customer Disputes XXIII-37

23-1202. Customer Rights Regarding Disputes XXIII-37

23-1203. Commission Action on Customer Disputes XXIII-37

Chapter I 3. Miscellaneous XXIII-37

23-1301. Severability XX11137
CHAPTER 2. DEFINITIONS

23-201. Class I Gaming

Class I Gaming Means:

(a) Social games played solely for prizes of minimal value of less than

Five Qne Hundred Dollars ((

(b) Traditional forms of Indian gaming engaged in as a part of tribal

ceremonies, celebrations, or pow-wows such as stick or bone

games.

(C) Games such as rodeos or horse races, including those for which

purses or prizes are awarded, that are played as part of tribal

ceremonies, celebrations, or pow-wows. This does not includes

games operated prior to a ceremony, celebration, or pow-wow for

the purpose of raising funds for the ceremony, celebration, or pow

wow.

~ Raffles

~ Other games of chance which are allowed by the States of North

Dakota and South Dakota, such as pools and Calcutta, provided

they are operated on a non-profit basis

23-202. Class II Gaming

The Term Class II Gaming Means:

(a) Bingo: The game of chance which is played for prizes, including

monetary prizes, with cards bearing numbers or other designations, in

which the holder of the card covers such numbers or designations

when objects, similarly numbered or designated, are drawn or

electronically determined, and in which the game is won by the first

person covering a previously designated arrangement of numbers or

designations on such cards.

(b) Electronic, computer or technological aides can be used in connection

with Class II bingo, so long as all players are playing against each other

to achieve the same sequence.

(C) Other games of chance: Games similar to bingo, including, If

played at the same location as bingo, pull-tabs, lotto, punch

boards, tip jars and instant bingo.

( Charitable Bingo operations will not be considered Class II gaming
( All proceeds are for the benefit of a charitable organization

( The Tribe permits the charitable organization to be exempt

from this part; The charitable bingo operation does not allow any

person under 21 years of age to participate in any

technologically aided bingo or other technologically aided game

of chance.

( The charitable bingo operation is operated wholly by the

ôharitable organizations employees or volunteers;

~ The annual gross gaming revenue of the charitable

Organization does not exceed $100,000; and

j~ The Tribe establishes and the charitable bingo operation

complies with minimum standards which shall protect the

integrity of the game and safeguard the monies used in

connection with the game.

~ Nothing in this section shall exempt bingo operations

conducted by independent operatore for the benefit of

a charitable operation

23-203. Class Ill Gaming

Class Ill gaming means all forms of gaming that are not Class I or Class II

gaming, including, but not limited to:

(a) Any house banking game, including but not limited to

(1) Card games such as baccarat, chemin de fer, blackjack (21

and pal gow (if played as house banking games) or other

games as set forth in 23-805 of this Ordinance;

(2) Casino games such as roulette, craps and keno;

(b) Any slot machines as defined in 15 U.S.C. § 1 171(a)(1) and

electronic or electromechanical facsimiles of any game of chance;

(c) Any sports betting and pari-mutuel wagering including but not

limited to wagering on horse racing, dog racing orjai alai; or

(d) Lotteries

23-204. Social Games for Prizes of Minimal Value
Social games for prizes of minimal value means games in which the total

value of prizes awarded during the calendar year does not exceed $10,000.

23-205. Tribal Subdivision

Tribal subdivision means:

(a) The districts, as set forth in Article Ill, Section 2 of the Constitution

of the Standing Rock Sioux Tribe.

(b) Nonprofit entities organized to raise funds and operate programs to

promote the health and welfare of tribal members and/or to organize

and operate ceremonies, celebrations, and pow-wows.

(c) Tribal school boards.

23-206. Net Revenues

Net revenues shall be determined pursuant to the definition set forth within

Section 4(9) of the Indian Gaming Regulatory Act according to Generally Accepted

Accounting Principles (GAAP) as recognized by the American Institute of Certified Public

Accountants.

23-207. Primary Management Official

Primary management official means (1) any person having management

responsibility for a management contract; (2) any person who has authority to hire and fire

employees or to set up working policy for a gaming operation, or (3) the chief financial

officer or other person who has financial management responsibility.

23-208. Key Employee

Key employee means (1) 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; (2) if not otherwise included, any other person whose total cash compensation is

in excess of $50,000 per year, or (3) if not otherwise included, the four most highly

compensated persons in a gaming operation.

23-209. Non-Gaming Staff

Non-Gaming Staff means a person of a gaming operation or a gaming operation

of which there are persons who are employees thereof who do not have access to money,

gaming revenues or other items of value including chips, credits, coins or bills of legal

tender value of gaming, wagering, or gaming devices or in general money, bank drafts,

checks, credit or any other bank cards for procuring money from financial institutions or
does not have access to sensitive areas.

23-210. North Dakota Compact

North Dakota Compact means the document entitled Amended Tribal State

Compact for Control of Class Ill Games of Chance, Standing Rock Sioux in North Dakota,

entered into between the Standing Rock Sioux Tribe and the State of North Dakota.

23-211. South Dakota Compact

South Dakota Compact means the document entitled Gaming Compact

Between the Standing Rock Sioux Tribe and the State of South Dakota, entered into

between the Standing Rock Sioux Tribe and the State of South Dakota, dated July 14, 1992

and the Amendments to~the Class Ill Gaming Compact, dated August 30, 2001

23-212. Act.

Act means the Indian Gaming Regulatory Act, 25 U.S.C. §2701.

23-21 3. North Dakota Portion of the Reservation

North Dakota portion of the Reservation means that portion of the Standing

Rock Sioux Reservation which lies within the boundaries of the State of North Dakota.

23-214. South Dakota Portion of the Reservation

South Dakota portion of the Reservation means that portion of the Standing

Rock Sioux Reservation which lies within the boundaries of the State of South Dakota.

23-21 5. Commission And Professional Staff

Commission means the Standing Rock Gaming Commission established

pursuant to Chapter 3 of this Ordinance. Professional staff shall mean the Chairman in

the exercise of Executive Secretary functions and responsibilities; an Office Manager;

Gaming Inspectors; a Licensing Assistant; a Tribal Liaison Officer to work with Grand

River Casino and Resort; an Executive Committee member to work with the Prairie

Knights Casino & Resort. Lodge and the Seven Circle Recorts, Inc~

23-21 6. National Indian Gaming Commission

National Indian Gaming Commission means the National Indian Gaming

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

23-21 7. Tribe

Tribe means the Standing Rock Sioux Tribe.
CHAPTER 3

TRIBAL GAMING COMMISSION AND TRIBAL GAMING DEPARTMENT

23-301. Establishment

There is hereby established the Standing Rock Gaming Commission

(Commission), the regulatory body of the Tribe, consisting of a Chairman-Executive

Secretary and eight (8) commission members. There shall be established a Professional

Staff of which the OfficerManager, Gaming Inspectors, a Licensing Assistant, or any other

professional agents for purposes of counsel, auditing, consultation, training and

investigations. The monthly Tribal Inspector reports of the Gaming Office shall be directed

to and under the supervision of the Chairman-Executive Secretary. The Tribal Liaison

Officer and Executive Member shall be appointed ~ and reports to the Standing Rock

Sioux Tribal Council.

The Commissioners, Professional Staff, or any other professional agents for

purposes of legal counsel, auditing, consultation, training or investigations shall not be

allowed to participate as a player in any gaming under the regulatory jurisdiction of the

Standing Rock Sioux Tribe. Participation as a player shall mean any act of inserting

currency or tokens in any machine, banking card or table game, or pushing, activating the

spin button or arm, whether done alone or in concert with others. Violation of this paragraph

will result in removal of the commissioner, termination of professional staff and termination

of any professional contract or relationship. The gaming establishment is hereby authorized

to have the individual offender removed from the premises and forfeit any winnings.

No Commissioner, Professional staff or professional agents shall violate an oath

of confidentiality, which must be signed prior to commencement of employment. Infraction

of confidentiality shall result in removal from office or termination of employment. Violation

of oath of confidentiality after leaving office or employment may result in civil suit for

invasion of privacy, which may include injunctive relief and/or possible criminal prosecution.

23-302. Function

The Commission shall have the following powers and duties:

(a) The Commission shall have primary responsibility for regulatory

functions relating to tribal gaming operations authorized under this

ordinance and shall be responsible for ensuring the requirements of

this Ordinance, the Act, the Compacts are complied with. The By

Laws of the Commission are hereby rescinded and repealed. The

Commission shall be bound by and follow the laws of the Tribe, this

Ordinance, the Act and the Compacts

(b) The Commission shall review all license applications and determine
whether the application is complete and in compliance with the

Ordinance, and whether such license should be issued, denied,

revoked, suspended or renewed, as appropriate;

(C) The Commission shall collect any fees required to be paid under this

Ordinance. Such fees shall become tribal revenues and will be

specifically disbursed to the gaming department budget as approved

by the Tribal Council;

(d) The Commission may, subiect to the approval by the Tribal Council

bring any civil action or criminal complaint in any court of competent

jurisdiction to enforce the provisions of this Ordinance, the Act, the

North Dakota Compact or South Dakota Compact or to enjoin or

otherwise prevent any violation of this Ordinance, the Act, the North

Dakota Compact or South Dakota Compact, occurring or threatened to

occur. The Chairman of the Tribe shall be authorized to approve

litigation requests brought by the Commission between sessions of the

Tribal Council, subiect to the ratification of Tribal Council at their next

req ular or special session

(e) The Commission shall, subject to approval by the Tribal Council:

ffi promulgate such regulations as it deems necessary in order to

implement and enforce the provisions of this Ordinance~

Qj~ recommend to the Tribal Council the selection of an

independent auditor to audit the Casinos, a required by the Act

and

~fl engage the services of legal counsel to the Commission

~jy~ issue all gaming Licenses, required by this Ordinance, to

ensure compliance with the Ordinance, the Act and the

Compact and any other applicable laws or regulations.

( The Commission shall act in accordance with the bylaws as adopted

by the Standing Rock Sioux Tribal Council in a manner consistent with

this ordinance

ff~ Each Commission member shall make monthly reports to the local

district at a regularly scheduled district meeting

~ The Commission shall have the authority to conduct investigations

into suspected Class II and Class Ill gaming violations

Q~ The Commission shall have the authority to insure that, the surveillance
departments of Class II and Class Ill establishments operate

independently, with no outside influence from management

23-303. Appointment Of Members

One Commission member must be a resident of each District of the Reservation.

Each District shall recommend persons to serve as Commission member from that District.

The members of the Commission shall be appointed by majority vote of the Tribal Council~

at a meeting at which a quorum is present The Chairman of the Commission may reside

anywhere on the Reservation.

23-304. Terms

ri..~ ;...:~,-., ~~ et...... ~

(a) Four members shall serve through December 31, 1999.

(b) Four members shall serve through December 31, 2000.

(f,) The Chairman shall serve a continuous term consistent with the

Standing Rock Sioux Tribe Personnel Policies and Procedures

and with the provisions of this Ordinance as an appointed official

subject to the supervision of the Standing Rock Sioux Tribal

Chairman Administration.

Thereafter- ~ A all terms shall be for four years and until a successor is

appointed and qualified. The Districts of Cannonball, Bear Soldier, Running Antelope and

Rock Creek shall serve until December 31, 2004. The Districts of Porcupine, Fort Yates,

Kenel and Wakpala shall serve until December 31, 2005 If a vacancy occurs during a term,

the Council may appoint a successor for the unexpired portion of the term, with

recommendations from the District in which the vacancy arose, and provided the successor

meets the qualifications set forth in Section 23-305, below

23-305. Qualifications

To be eligible to serve as Chairman or a member of the Commission, a

person shall:

(a) Be of high moral character and reputation to promote public

confidence in gaming by the Tribe;

(b) Have sufficient education and work experience to be able to fulfill the

functions of the Commission;

(c) Have no financial stake in any gaming operated under the Ordinance

nor participate as a player in any gaming operated under this

Ordinance. A person has a financial stake in any gaming operated

under the Ordinance if that person, or that persons spouse, brother,
sister, mother, father, grandmother, grandfather, son, daughter,

grandson, granddaughter or first cousin has invested in, has a direct or

indirect financial interest in, has a management contract in, or has any

other pecuniary interest whatever in gaming operated under this

Ordinance. Membership in the Tribe does not, in itself, create a

financial stake in any gaming operated under this Ordinance.

Employment at a tribally licensed gaming facility, other than as a

primary management official, by a persons spouse, brother, sister,

mother, father, grandmother, grandfather, son, daughter, grandson,

granddaughter or first cousin does not create in such person a

financial stake in any gaming operated under this Ordinance;

(d) Never have been convicted of a tribal, federal or state felony and not

have an outstanding, active bench or arrest warrant or on

probation or parole for a violation of the foregoing;

(e) Not participate as a player in any Class II or Class Ill game of chance

conducted by a facility or operator licensed under this Ordinance.

(f) Submit to a background investigation on an annual basis under the

same procedures applicable to prospective Class Ill primary

management officials or key employees in the State in which the

prospective Commissioner resides under Section 23-503 ~O2. The

Tribal Gaming Chairman-Executive Secretary shall determine whether

the prospective Commission member meets the licensing standard set

forth in Section 23-504 5~

(g) Not be a member of the Tribal Council, or a local District officer, nor

sit as a member or advise a local organization that operates or

conducts Class II or Class Ill gaming activities

(h) Not be delinquent on a debt to the Tribe, any agency of the Tribe, or

corporation owned or controlled by the Tribe, as defined in Title XV,

Elections, Section 15-201(g).

(i) The Chairman-Executive Secretary of the Commission shall be

selected as advertised with the added Position Description

detailing duties and responsibilities as authorized by the Tribal

Council.

(j) Not, have been dishonorably discharged from the armed services.

(k) Not have been convicted of a petty theft offense within one (1) year

from the date of application.

(I) Not, have been convicted of a misdemeanor involving fraud, misrep

resentation, theft or gambling in the past five (5) years from the date

of application.
23-306. Removal and Vacancies

Members, including the Chairman, may be removed by a two-thirds vote of the

Tribal Council, at a meeting at which a quorum is present. Members, including the

Chairman, may be removed for cause, including delinquency on a debt to the Tribe~

malfeasance, neglect of duty, unexcused failure to attend three successive Commission

meetings, conviction of a felony, conviction of a misdemeanor involving fraud,

misrepresentation, theft or gambling or petty theft, failure to disclose a conviction, or failure

to comply with the Constitution or laws of the Tribe. Any Commissioner being considered for

removal shall be provided with notice from the Tribal Chairman or Tribal Secretary stating

the grounds for removal, specifying a date, time, and place for a hearing to be held by the

Tribal Council within 20 days of receipt of such notice. At the hearing, the Commissioner

shall be entitled to appear, present testimony and other evidence, and be represented by an

attorney at the Commissioners own expense. Vacancies shall be filled by majority vote of

the Council, at a meeting at which a quorum is present, for the unexpired term with

recommendations provided by the Districts from which the vacancies arose and provided

that the successor meets the qualifications set forth in Section 23-305.

Additionally, the Chairman-Executive Secretary may removed in accordance with Title

XVIII, of the Tribes Code of Justice

23-307. Meetings

The CommisØion shall meet as necessary to fulfill its duties and obligations

under this Ordinance, bUt in no event less frequently than once per month. Meetings may be

called by the Chairman, or by any three members of the Commission, upon at least three

days written notice to all members. If the Chairman or any three members certify in writing

that a meeting must be held on less than three days notice, a meeting may be held as

necessary, provided that best efforts must be made to provide the Chairman and all

members with as much advance notice of such meeting as possible. Five members, or four

members and the Chairman, shall constitute a quorum for the transaction of business. The

vote of a majority of the members present at a meeting at which a quorum is present shall

be the act of the Commission. The Chairman-Executive Secretary shall not vote, unless

in case of a tie.

23-308. Compensation

Members of the Commission shall be compensated in accordance with By Laws

for performing Commission duties in accordance with a budget approved by the Tribal

Council.

23-309. Monthly Reports

The Chairman-Executive Secretary shall make a report to the Tribal Council at

least once each month, or more as requested. Each report shall include a summary of all

licensing and enforcement activities, a summary of meeting and travel activities and dates,
and any additional information requested by the Tribal Council or the Judicial Committee.

23-310. Notice Of Commission Decisions

The Commission shall provide written notice to any applicant and any

other interested party of any decision or order. Notice shall be by personal service, or

certified mail, to the persons last known address, or to such persons registered agent or

attorney.

23-311. Tribal Gaming Commission Chairman-Executive Secretary

(a) There is hereby created a Tribal Gaming Commission ChairmanExecutive Secretary who shall be responsible for oversight of gaming

activities, as set forth in this Ordinance.

(b) The Chairman-Executive Secretary shall have primary responsibility for

the functions of the Commission, and shall supervise all Commission

professional Staff.

(c) The Chairman-Executive Secretary shall be a full-time employee, shall

be subject to the Tribes personnel policies and procedures, and shall

be under the supervision of the Tribal Chairman.

(d) To be eligible for the position of Chairman-Executive Secretary, an

individual must have a bachelors degree. Experience in

administration, business, gaming or related fields is preferred. The

Chairman-Executive Secretary shall not be a Tribal Council member, or

District Officer.

(e) The Chairman-Executive Secretary shall develop an annual budget in

consultation with the Gaming Commission, subject to approval by the

Tribal Council.

(f) The Chairman-Executive Secretary shall have the following duties:

(i) Oversee all functions relating to the Tribes regulation of gaming

operations, including Minimum Internal Control Standards (MICS)

all financial aspects of such gaming;

(ii) Assist in fulfilling the Tribes duties under any Class Ill management

agreement and the Compacts of North and South Dakota

(iii) To, provide supervision on personnel matters to tribal gaming

inspectors and other professional gaming staff.

(iv) To determine whether prospective Tribal Gaming Commission

members meet the background investigation requirements set forth

in Section 23-305;
(v) To secure audits as required by this Ordinance; an4

~L1 To initiate and/or conduct investigations of violations of this Title,

the Tribes Code of Justice, the United States Code, the Act,

or the Compacts of North Dakota and South Dakota

~yjfl To serve as presenting officer in license suspension or revocation

hearings or as presiding officer in customer disputes; and

(~4) LviIi To fulfill such other duties as may be delegated by the Tribal

Council.

(g) The Chairman-Executive Secretary shall maintain and protect the

confidentiality of records and proceeding that come before the Gaming

Commission and Department

23-31 2. Gaming Inspectors

(a) The Tribe shall employ tribal gaming inspectors who shall have

primary responsibility for monitoring ongoing Class II and Class Ill

gaming operations authorized by this Ordinance.

(b) Tribal gaming inspectors shall be full time tribal employees and shall

be subject to tribal personnel policies and procedures. The Gaming

Commission Chairman-Executive Secretary shall supervise the tribal

gaming inspectors with respect to compliance with personnel policies

and procedures. The budget for the Tribal Gaming De partment shall

include the costs associated with tribal gaming inspectors.

(c) Tribal gaming inspectors shall report any violations of this

Ordinance, the Act, the North Dakota Compact or South Dakota

Compact to the Chairman-Executive Secretary.

23-313. Executwe Committee Member And Tribal Liaison Officer

There shall be established an Executive Committee Officer position who shall

be responsible for the oversight of the Standing Rock Sioux Tribes proprietary interests

in the Prairie Knights Casino and Resort Lodge enterprise located on the Standing Rock

Sioux Reservation, in North Dakota.

There shall be established a Tribal Liaison Officer position who shall be

responsible for the oversight for the Tribes proprietary interests in the Grand River

Casino and Resort enterprise located on the Standing Rock Sioux Reservation, in South

Dakota.

The Executive Committee Member officer and the Tribal Liaison Officer shall

operate in accordance with their respective position descriptions and budget as adopted

by the Standing Rock Sioux Tribe detailing their duties and responsibilities which shall
include:

(a) Meeting with casino management on a regular basis on casino

operations;

(b) Submission of written reports on the status of casino operations;

(c) Preparing with casino management the gaming activities license

application (facilities);

(d) Assure compliance with management contracts and or management

employee agreements of the respective casino enterprises (Class II

and Class Ill);

(e) Submission of financial and monthly reports to the Tribal Council of

the Tribes gaming enterprises (Class Ill);

(f) Assure the Tribes gaming enterprises are operating according to

generally accepted gaming industry standards; and

(g) Assure that Indian Preference remains a priority in the recruitment,

hiring, training, lateral transfers, promotions, and career opportunities

with the Tribes casino enterprises.

23-314. Tribal Imniunity

Nothing in this Ordinance shall be construed to waive the immunity from suit of

the Tribe, the Tribal Gaming Commission or Tribal Gaming Commission professional

staff; provided that judicial review of actions of the Tribal Gaming Commission shall be

available as set forth in this Ordinance. In no event shall this Ordinance be construed as

consent to any money judgment, lien or attachment of any property of the Tribe,

Commission or Professional Staff. No money damages shall be awarded against a

Commission member, professional staff, or other Tribal official acting in good faith within

the scope of their official duties under this Ordinance.

23-315. Confidentiality of Records.

All records inthe possession of the Commission are deemed to be confidential

and cannot be released to the general public. For purposes of this Section, records in the

possession of the Commission are all documents of any kind, that come into the possession

of the Commission upon request of the Commission or as required by this Ordinance, the

Act or the Compact. Records or documents that are required by Court Order to be released

or required to be shared with the Tribal Council or be viewed during license suspension or

revocation hearings can be released by the Commission
CHAPTER 4.

COMPLIANCE WITH THE ACT

23-401. Applicability

All Class II and Class Ill gaming on the Reservation shall be conducted

according to the provisions of this Ordinance and in compliance with the Indian Gaming

Regulatory Act.

23-402. Sole Proprietary Interest

In compliance with 25 U.S.C. 2710(b)(2)(A), the Tribe ora tribal subdivision

shall have the sole proprietary interest and responsibility for the conduct of any gaming

activity on the Reservation. The Tribe may delegate to tribal subdivisions the sole

proprietary interest in any class II gaming operations, so long as revenue use is

consistant with 25 U.S.C. 2710(b)(2)(B) Ownership of any Class II or III game by any

other entity or individual is prohibited.

23-403. Use Of Revenue

In compliance with 25 U.S.C. §2710(b)(2)(B), net revenues from any gaming

activity are not to be used for any purposes other than:

(a) To fund tribal government operations or programs;

(b) To provide for the general welfare of the Indian tribe and its members;

(c) To promote tribal economic development, in accordance with

the compacts of North Dakota and South Dakota;

(d) To donate to charitable organizations; or

(e) To help fund operations of local government agencies of the State and

its political subdivisions.

(f) To provide per capita payments to the Standing Rock Sioux Tribe

enrollees in accordance with the Indian Gaming Regulatory Act.

23-404. Audits

In compliance with 25 U.S.C. §2710(b)(2)(C) and (D), all gaming activities shall be

subject to an audit by independent certified accountants, not less than annually. The audit
shall include all contracts for supplies, services or concessions for a contract amount in

excess of $25,000 annually (except contracts for professional legal or accounting services)

relating to Class II or Class Ill gaming. The audit shall be arranged by the licensee

conducting the gaming, who shall provide a copy of the audit to the Tribal Gaming

Department upon completion. The Department shall thereafter forward the audit report to

the Tribal Council, Tribal Gaming Commission, the National Indian Gaming Commission,

and any other entity or agency as provided for in the compacts with North Dakota and South

Dakota. Additionally, all Class Ill gaming establishments must provide proof of compliance

with the Minimum Internal Control Standards (MICS), as reguired by federal law

23-405. Environmental And Public Health And Safety Standards

In compliance with 25 U.S.C. §2710(b)(2)(E), the construction and maintenance

of any Class II and Class Ill gaming facility, and the operation of Class II and Class Ill

gaming activities, shall be conducted in a manner which adequately protects the

environment and the public health and safety, and for that purpose shall comply with all

applicable health, safety and environmental standards enacted by the Tribe.

Those standards generally imposed by the laws and regulations of the State of

North Dakota relating to public facilities with regard to building, sanitary, and health

standards and fire safety shall be deemed to be incorporated by this Ordinance as the laws

of the Tribe applicable to gaming facilities of the Tribe on the North Dakota portion of the

Reservation, provided however that such state laws have no force or effect on the

Reservation other than by incorporation into this Ordinance, and provided further that if an

approved management agreement stipulates that national building, electric and fire codes

apply, then those standards shall be used. The Gaming Commission shall arrange to have

quarterly or such other inspections as may be necessary to fulfill the obligations imposed by

this Section.

Those standards generally imposed by the laws and regulations of the State of

South Dakota relating to public facilities with regard to building, sanitary, and health

standards and fire safety shall be deemed to be incorporated by this Ordinance as the laws

of the Tribe applicable to gaming facilities of the Tribe on the South Dakota portion of the

Reservation, provided however, that such state laws have no force or effect on the

Reservation other thanby incorporation into this Ordinance. The Gaming Commission

shall arrange to have quarterly or such other inspections as may be necessary to fulfill the

obligations imposed by this Section.

23-406. Status As A Tribal Subdivision

Each entity seeking designation as a tribal subdivision for the purpose of this

Ordinance shall file an application with the Standing Rock Sioux Tribal Council. The

application shall provide information on the nature and purpose of the entity and the

programs it operates, and shall demonstrate that the uses to which it puts its funds conform

to Section 23-403. The decision of the Council on any application shall be final The

Districts are designated as tribal subdivisions, however, any district seeking a license under

this Ordinance must specify, in writing, the members of the District entity responsible for

gaming by that District. Tribal subdivisions shall be eligible for Class II gaming only.
23-407. Licenses For Gaming Activities

The Commission shall issue a license for each place, facility, or location where

Class II and Class Ill gaming is conducted. For each location licensed, a sworn application

must be filed by the Tribe or the sponsoring organization that contains a full and complete

showing of the following:

(a) Satisfactory proof that the sponsoring organization (if other than the

Tribe) is of good character and reputation among the people of the

Reservation, with particular reference to the Indian people, and that it is

finanbially responsible.

(b) A description of the premises in which the game is to be held, and proof

that the applicant is the owner of such premises, or lessee of such

premises, for at least the term of the license.

(C) Agreement by the applicant to accept and abide by all applicable

provisions of this Ordinance and all conditions of the tribal license.

(d) Satisfactory proof that no primary management officials or key

employees of the applicant has ever been convicted of a felony. NonGaming staff shall not have any felony conviction within five (5) ten (10

years prior to the commencement of their employment and shall have

demOnstrated rehabilitative status which shall mean no criminal

convictions other than minor traffic offenses or minor crimes which did

not result in incarceration or imprisonment. Non-gaming staff who have

felony conviction shall not be allowed to assume any primary

management official or key employee positions or duties and

responsibilities.

(e) Satisfactory proof that notice of the application has been posted in a

prominent, noticeable place in the Tribal Office and on the premises

where the game is to be held for at least 30 days prior to consideration

by the Commission, and published at least twice in a local newspaper

serving the Reservation. The notice shall state the date, time and place

when the application shall be considered by the Tribal Gaming

Commission.

~fi Assurance that the facility will comply with Tribal liquor laws and all other

laws of the Tribe

23-408. License Fees And Duration Of License

(a) Each application for a Class II gaming license under this Section shall

be accompanied by an application fee of $50, provided however that

the Tribe shall not be required to pay any such fee.

(b) Where the Tribe is the licensee, and the Tribe retains a management

contractor pursuant to Chapter 6 of this Ordinance, the management
contractor shall pay an annual license fee of $10,000.00, per facility

The first such license fee shall be due prior to the contractor operating

any Class Ill

games. Thereafter, such license fees shall be due on December 31 of

each year for the following calendar year, and the notice provisions of

Section 23-407 (e) shall apply.

(c) Each license shall expire on December 31 of the calendar year in which

it is issued, and may be renewed by the Commission upon proper

application, 30 days prior to its expiration. Any management contractor

who terminates operations within the calendar year shall be entitled to a

prorated refund of the fees paid

23-409. Hearing on Application for a License

(a) All applications for a Class II or Class Ill gaming facility license shall be

considered by the Gaming Commission in open session at which the

applicant, his attorney and any person protesting the application shall

have the right to be present, and to offer sworn oral or documentary

evidence relevant to the application. The applicant shall be entitled to

review~ any documentation in possession of the Commission and which is

intended to be utilized in support or denial of the facility license, prior to

the hearing After the hearing, the Commission shall determine whether

to grant or deny the application, based on the Commissions

determination of the best interests of the Tribe. The decision of the

Gaming Commission shall be final.

(b) Existing licensees shall have no vested right to have their licenses

renewed or extended, and compliance with this Ordinance does not

guarantee an existing licensee a renewal or extension. In each case, the

Commission shall, in the exercise of its discretion, make its

determination based on all the evidence presented to it, provided that,

with respect to Class Ill gaming operated under a management contract,

the Commission shall not revise or fail to renew a license except on

grounds permissible under such management contract, this Section or

Section 23-407 4~.

23-410. Conditions of the Tribal License

Any Class I) or Class III facility tribal license issued under this Ordinance shall

be subject to such reasonable conditions as the Gaming Commission shall fix, including,

but not limited to the following:

(a) The licensee shall at all times maintain an orderly, clean, and neat

establishment, both inside and outside the licensed premises.

(b) The licensed premises shall be subject to patrol by the tribal and BIA

law enforcement officers, for the purpose of enforcing tribal law, and

the licensees shall cooperate at all times with such law enforcement
officers.

(c) The licensed premises shall be open to inspection by duly authorized

tribal officials and officials of the National Indian Gaming Commission

at all times during the regular business hours.

(d) There shall be no discrimination in the operations under a tribal license

by reason of race, color or creed, age, sex, or national origin, provided,

however, that a licensee shall give a preference in employment to

Indians,

(e) Management at a gaming facility shall not allow a person who

manages or receives any compensation, directly or indirectly, for

the operation of any Class II Class ill game of chance to play in that

game or other game of chance while on duty. Management shall not

allow any person who, without payment, assists in the operation of any

Class II and Class Ill game of chance conducted by the operator, to

play in any game conducted by the operator within 24 hours after the

time, said person did so assist.

(f) Management shall not allow any person who receives any

compensation, directly or indirectly, for the operation of a Class II and

Class III game, to play, participate as a player or make/place a wager

in any Class II and Class Ill game conducted by the operator.

(g) No~beverage containing alcohol, including but not limited to, beer or

liquor, shall be offered or awarded as a prize or in lieu of a prize for

winning at any of the activities authorized by this Ordinance.

(h) No firearms, air guns which are capable of discharging dangerous

projectiles, including but not limited to b.b.s or C02 guns, rifles,

shotguns, pistols, or revolvers; shall be offered or awarded as a prize

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

this Ordinance.

(i) No person involved in the operation of any activity authorized by the

Orcinance shall, directly or indirectly, in the course of such operation,

employ any device, scheme, or artifice to defraud, make any untrue

statement of a fact, or omit to state a consideration of the

circumstances under which such statement was made, or engage in

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

or deceit upon any person.

(j) All licensees shall comply with all applicable requirements of the

federal Internal Revenue Code.

(k) All licensees must comply with Tribal liquor Jaw for underage drinking

and curfew laws.

23-411. Assignment or Transfer
No Class II or Class Ill facility license issued under this Ordinance shall be

assigned or transferred. without the written approval of the Commission and the Tribal

Council, both expressed by formal resolution

23-412. Cancellation and Suspension

The licensee must have, and exercise, complete control over the premises being

used for gaming at all times said games are being played. The licensee, the manager, and

the employees shall be legally responsible for any violation of the Ordinance. Any license

issued hereunder may be canceled by the Commission for the breach of any of the

provisions of this Ordinance or of the tribal license, upon hearing before the Commission,

after 10 days notice of the claimed breach to the Licensee. If the Tribe is the licensee,

notice shall be served on the manager of the tribal operation. The time and place of the

hearing shall be posted in the Tribal Office, and if time permits, in a local newspaper serving

the Reservation. The licensee, manager, their attorney and any person affected by the

license shall have the right to be present and to offer sworn oral or documentary evidence

relevant to the breach charged. A license may be suspended during the 10 day period by a

majority vote of the Gaming Commission at a meeting at which a quorum is present. The

decision of the Commission shall be final.

23-413. Report to the Commission

Each licensee shall submit to the Tribal Gaming Commission, on a quarterly

basis, a financial report for the previous quarters operations. Such reports shall be signed,

under oath, by an official or representative of the licensee, who in the case of a tribal

operation shall be the operations manager. The reports shall document:

(a) Gross receipts for each month;

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

each;

(C) All expenses in the operation of the facility, specifying all payments to

vendors and contractors;

(d) The amount paid in prizes each month;

(e) All bank deposits made from proceeds of the facility operations, including

any interest received on such deposits;

(f) All bank withdrawals, and the purpose of each;

(g) All expenditures of net proceeds including the amount, person or

organization paid, date, and purpose of such expenditures; and

(h) That each licensee will submit copies of all IRS required forms.
ffi The stated dollar value of complimentary services or items as

set forth in ~542.17 of the NIGC, MICS

CHAPTER 5.

BACKGROUND INVESTIGATIONS AND LICENSING OF KEY EMPLOYEES

PRIMARY MANAGEMENT PERSONNEL AND NON-GAMING STAFF

23-501. License Required

All primary management officiats~ an~d key employees and non-gaming staff of

any gaming facility on the Reservation or licensed under this Ordinance shall be required to

obtain a gaming employment license from the Commission prior to the commencement of

employment. The Gaming Commission shall not conduct a background investigation

Unless the prospective official or employee has been offered employment

Upon a request from the gaming establishment and pending the results of the

background investigation, the Commission may issue a Temporary Gaming License to any

key or non-gaming employee not to exceed thirty (30) days. An official or employee shall

be terminated The issuance of a temporary gaming license may be revoked if the

background investigation reveals an impediment to the hiring of a primary management

official key employee or non-gaming employee, with no right of appeal and the applicant

must meet one the following conditions to receive a temporary gaming license:

(a) The applicant has a current state or out of state gaming license.

(b) The applicant has prior employment at Grand River Casino or Prairie Knights

Casino within the past year and departed in good standing.

(c) The applicant has only lived in, either North Dakota or South

Dakota.

No temporary gaming license shall be issued to any surveillance staff or key

Management personnel~ unless the applicant has a current state or out of state gaming

license. An out of state gaming license may be a license issued by another Tribe that

conducts and regulates Class Ill gaming operations. A temporary gaming license may only

be issued three (3) times or ninety (90) days, for any one applicant.

23-502. Assignment or Transfer.

A key license or non-gaming license issued under this Ordinance, may be

transferred with the written approval of the Commission and provided that the individual

holding the key license or non-gaming license meets the qualifications for obtaining the

license into the jurisdiction into which the license is transferred. A key licensee who seeks

to transfer the license, shall make an application for a license as set forth in 23-505 and the

transfer must meet the conditions of the applicable Compact
23-503 502. Background Investigation

As part of the licensing process, each prospective primary management official

and key employee shall be subject to a background investigation prior to hiring. For Class Ill

gaming conducted in North Dakota, the investigation shall be conducted by the State of

North Dakota, the Federal Bureau of Investigations (FBI) and the Tribe. For Class Ill gaming

conducted in South Dakota, the investigation shall be conducted by the State of South

Dakota, the Federal Bureau of Investigations (FBI) and the Tribe. Any costs of such

investigations shall be paid by the applicant or the gaming establishment and are non

refundable. In addition, the Commission may conduct its own investigation on any applicant

for such license, with the costs paid by the applicant. Each applicant for a license regarding

Class II or Class III employment shall execute a release of information permitting the

appropriate State or the Commission to conduct such investigation, and shall provide his or

her full name or other names used, address and social security number for the past ten (10)

years.

For Class II gaming conducted on the Reservation, the investigation shall be

conducted in the same manner as set forth above. The Tribes Law Enforcement

Agency shall take the fingerprints to begin the background investigation.

23-504 503. Licensing Standard

(a) No primary management official or key employee, or entity shall be issued a

license to serve as a primary management official or key employee if he or she:

(1) Has been convicted of a federal, state or tribal felony;

(2) Has been released from parole or probation or incarcerated within five years

of the commencement of his or her employment with the Tribe;

(3) Has been convicted of a misdemeanor involving fraud, misrepresentation, or

gambling or has been convicted of a misdemeanor or other crime involving

theft (or a related crime however denominated), in the past five (5) years

from the date of application

(4) Has been found to be not a person of good character, honesty and integrity

or a person whose prior activities, criminal record, reputation, habits, and

associations pose a threat to the public interest of the Tribe or the State of

North Dakota or the State of South Dakota or to the effective regulation and

control of gaming, or create or enhance the dangers of unsuitable, unfair or

illegal practices, methods, and activities in the conduct of gaming or the

carrying on of the business and financial arrangements incidental to the

conduct of gaming, or (4) has been found to have participated in organized

crime or unlawful gambling; or

(5) Has an active and outstanding bench or arrest warrant issued by a state

or Tribe;

( Has been convicted of a petty theft offense within one (1) year from the
date of application

j~ (-7-) Has been dishonorably discharged from the armed services.

During the period the background investigation is being conducted for a

primary management official or key employee, the Commission may issue a

thirty (30) day temporary Gaming license, with the understanding that the

employee is a temporary, probationary employee, whose employment is initially

conditioned upon a successful background investigation. If the results of the

background investigation reveal an impediment to the issuance of a gaming

license, the employee shall be immediately terminated, with no right of appeal.

If the background investigation reveals no criminal history, the employee may be

granted a gaming license. A temporary gaming license may only be issued

three (3) times or ninety (90) days for any one applicant

(b) Non-gaming staff as defined in Section 23-209 240 shall be required to submit

to a background investigation and shall not have any felony conviction within f

~ tei~ (-1-0) years prior to the commencement of their employment and shall

have no criminal convictions other than minor traffic offenses or misdemeanors

which did not result in incarceration, probation, parole or imprisonment, within

one (1) year from the date of application for employment. The Commission shall

be authorized to waive the no felony conviction for five (5) years requirement,

provided the applicant for employment is an enrolled member of the Tribe and

has not had any criminal conviction, other than minor traffic offenses or

misdemeanors which did not result in incarceration, probation, parole or

imprisonment, within one (1) year from the date of application for employment.

An applicant who is otherwise ineligible must request a waiver and supply proof

of enrollment and request a hearing before the Commission on the license

application

Non-gaming staff with a felony conviction shall not be allowed to assume any

primary management official or key employee positions or duties and

responsibilities at any time. Any change of status from non-gaming to key or

primary, or from key to primary shall be subjected to the licensing process in

Section 23-~Q~ ~04 or Section 23-502 prior to obtaining such license(s).

(c) During the period the background investigation is being conducted for NonGaming staff, the Commission may issue a thirty (30) day temporary non-gaming

license, with the understanding that the employee is a temporary, probationary

employee, whose employment is initially conditioned upon a successful

background investigation. If the results of the background investigation reveal

an impediment to the issuance of a gaming license, the employee shall be

immediately terminated, with no right of appeal. If the background investigation

reveals no criminal history, the employee may be granted a gaming license.

A temporary gaming license may only be issued three (3) times or ninety (90)

days for any one applicant.

(d) Non-gaming staff shall have no active outstanding bench or arrest warrant(s).
( No primary management official, key employee or non-gaming employee shall be

allowed to play, participate as a player or make/place a wager in the Class Ill

facility here the primary management official, key employee or non-gaming

employee is licensed

23-505 504. Application for License

(a) Each primary management official~ an4 key employee, or non-gaming employee

shall, at the time of their hiring but prior to commencing employment, fill out an

application for a tribal gaming license to be provided by the Commission. Each

such application shall have printed on it the following notices:

1. Privacy Notice:

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 investigations and prosecutions or when

pursuant to a requirement by a tribe or the National Indian Gaming

Commission in connection with the hiring and 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

tribes 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. Notice regarding false statements:

A false statement or failure to disclose on any part of this

application may be grounds for not hiring or license suspension or

revocation fec firing after work begins. Also, this may be punished by

fine or imprisonment (U.S. Code, title 18, Section 1001).

(b) The applicant will provide the following information:

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

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

languages (spoken or written);

2. For the previous five years: business and employment positions
held,ownership interests in those businesses, business and

residence addresses, and driver license numbers;

3. 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 in

Subparagraph 2;

4. Current business and residence telephone numbers;

5. A description of any current or previous business relationships with

Indian tribes, including ownership interests in those businesses;

6. A description of any current or previous business relationships with the

gaming industry generally, including ownership interests in those

businesses;

7. The name and address of any licensing or regulatory agency with

which the applicant has filed an application for a license or permit

related to gaming, whether or not such license or permit was

granted;

8. 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;

9. For each misdemeanor conviction or ongoing misdemeanor

prosecution (excluding minor traffic violations) within 10 years from

the date of the application, the charge the name and address of the

court involved and the date and disposition;

10. For each criminal charge (excluding minor traffic charge) within

4~

years of the date of application, other than those listed in

response to Sections 23 ~ 504(b)(8) or (b)(9) of this

Ordinance, the charge, the name and address of the Court

involved, and the date and disposition of the charge.

~.

with which the person has filed an ~. -.

c~c.r~iinitional license or permit, whether or not such license or

-

was granted;

10. For Primary management officials and key employees, for each

criminal charge (excluding minor traffic charges) within 10 years of

the date of application, the charge, the name and address of the

Court involved, and the date and disposition of the charge

11.1-2- A photograph;
12 4~ Fingerprints; and

13. 1-4 Any other information which, in a particular case, the

Commission deems relevant.

23-506 505. Determination of Eligibility

On the basis of the information received under Subparagraph (b) of Section

23-505 504, and the background investigation conducted by the appropriate State, the

Commission shall consider the applicant for a license. Upon a vote of a majority of its

members, The Commission shall make a determination of the applicants eligibility for a

license, pursuant to the standards set forth in Section 23-505 6O~. The Commission shall

make its determination of eligibility with in 30 days of receipt of the information under Section

23-505 504(b). The result of the background investigation of the appropriate state, and the

results of the additional background investigation, if any, conducted by the Commission.

Notwithstanding any other provision, any person who supplies materially false or

misleading information, who has omitted material information in connection with the

requirement of this Chapter, or has failed to disclose a recent conviction shall be denied a

license and not entitled to a hearing.

23-507 506. Issuance of License

When the Commission determines that an applicant is eligible for a license, it

shall promptly forward its determination and the results of its investigation to the National

Indian Gaming Commission. The information forwarded to the Commission shall include the

notices set forth in Section 23-505 504(a)(1) and (a)(2), the information provided under 23-

505 504(b), and a report of the background investigation under 23-~Q~ 502. If, at the

conclusion of the 30-day period beginning when the National Indian Gaming Commission

receives the report submitted pursuant to this subparagraph, the National Indian Gaming

Commission has not notified the Tribal Commission that it has any objections, the Tribal

Commission may issue the license to the applicant. If the National Indian Gaming

Commission informs the Tribal Commission that it objects to issuance of the license, the

Tribal Commission shall reconsider the application in light of the National Indian Gaming

Commissions objections. The Tribal Gaming Commission shall make the final decision on

whether to issue such license.

23-508 507. Duration of License and Renewal

Each license shall be effective for a period of one year, from the date of issuance.

Prior to expiration of the license, the licensee shall update the information produced during

the original investigation as required by Section 23-505 504(b). The Commission shall

conduct a review to determine that each licensee continues to meet the standards of

Section 23-504 5-Os and shall make its determination within 30 days of receipt of the

renewal sheet. If the Commission finds that the Iicensee~continues to meet the standards, it

shall renew the license for an additional year. If the Commission finds that the applicant

does not meet the standards, the license renewal request shall be denied

N&license renewal request shall be tabled by the Commission. Notice of any such

renewals shall be forwarded to the National kidian Gaming Commission. Any licenses

issued under this Section are for a period of one year and create no right or expectation of a

right to receive a license renewal. All applicants for renewal cannot have been convicted of
a petty theft offense within one (1) year from the date of application for renewal

23-509 508. Effect of License Denial

No person denied a license under this Chapter shall be employed in any capacity

at a tribally authorized gaming facility, provided that such person shall be eligible to reapply

for a license one year or more after the license denial. Provided however, that an applicant

who is denied a key license or primary management official license, may apply for a nongaming license, if they meet the qualifications for a non-gaming license

23-510 509. Hearings

Any person who applies for a license under this Chapter may request a hearing

before the Commission on its license application. The Commission may grant such a

request for a hearing in its sole discretion, provided that, if the hearing is requested by a

person or entity whose application under this Chapter has been denied by the Commission

and such request is made in writing within 30 days of the denial, such request for a hearing

shalt be granted. At any hearing under this section, the applicant shall have the right:

(a) to be present, be represented by counsel at the applicants own expense,

(b) to review all evidence before the Commission on the application, and

(c) to present additional sworn oral or documentary evidence in support of the

application.

The decision of the Commission shall be in writing, and shall be rendered within

three days of the hearing. The Commission shall have full powers to subpoena documents

and summons witnesses.

23-511 540. License Suspension

(a) If, after issuance of a license under this Chapter, the Commission

receives reliable information that a key employee~ or primary

management official or non-gaming employee is not eligible for a license

employment under this Chapter, the Commission shall suspend the license

and notify the licensee in writing of the suspension and proposed revocation.

Such suspension shall not extend beyond 7 days without a hearing.

The Commission may also suspend the license of any primary management

official or key employee who is found to have failed to report suspected

violations of this Ordinance, the Act or the Compact to the Commission,

twice during the calendar year

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

hearing. At the hearing, the licensee shall be entitled to the rights

specified in Section 23- 5~.

(c) After a revocation hearing, the Commission shall determine, based on
the evidenoe presented at the hearing, whether to revoke or reinstate

the license. If the licensee continues to meet the standards of Section

23-504 503, the license shall be reinstated. If not, the license shall be

revoked. The Commission shall forward the results of any license

revoked to the National Indian Gaming Commission.

( Any person convicted of a crime of theft (or a related crime, however

denominated), which arose in connection with a casino of the Tribe, shall

immediately have his or her license suspended. If, following a revocation

hearing, the Commission determines that the person has been convicted of

theft (or a related crime, however denominated) by a court of competent

jurisdiction, such person shall have his or her license revoked

23-512 514. Appeals

(a) An applicant for a license, or any other aggrieved party, may appeal from

any final order or decision of the Tribal Gaming Commission by filing a

Complaint and Notice of Appeal with the Tribal Court and providing Notice

to the Tribal Gaming Commission within 30 days of receipt of notice of the

final order or decision.

(b) The Commission shall certify the hearing record within 30 days of receipt

of a notice of appeal.

(c) Review by the Tribal Court shall be based on the record. A decision or

order of the Commission shall be affirmed unless arbitrary and capricious,

or contrary to law.

(d) The Tribal Court shall have no jurisdiction to award money damages

against the Commission or any member of the Commission for any action

appealed under this section.

23-513 54-2. Law Trained Judges

Any party to an appeal taken under section 23-512 3-1-2, including the Commis

sion, shall have a right, upon timely request, to have a licensed attorney serve as Tribal

Judge with respect to such appeal. A request for a licensed attorney to serve as Judge shall

be timely under this section if the party submits such a request to the Tribal Court at the

time of the filing of the notice of appeal, or, in the event an order is issued without notice

against a party by a Judge who is not a licensed attorney, within 10 days of notice of such

order. If no licensed attorney Chief Judge or Associate Judge of the Tribal Court is available

to hear the case, because of disqualification or otherwise, the Chief Judge shall appoint a

Special Judge to hear such case, upon timely request of a party. The Clerk of Court shall

maintain a list of qualified persons who can serve as Special Judge for such cases.

CHAPTER 6.
MANAGEMENT CONTRACTORS

AND VENDORS

23-601. Management Contracts Allowed

Subject to the approval of the Tribe and the National Indian Gaming

Commission, a licensee may enter a management contract for the operation and

management of gaming activities.

23-602. Standard for Approval

The Tribe shall not approve any management contract unless its terms

include:

(a) Adequate accounting procedures to be maintained by the contractor

and verifiable financial reports submitted to the licensee and the

Tribe on a monthly basis.

(b) Access to the daily operation of the gaming for appropriate officials of

the licensee, the Commission and the Tribe who shall also have the right

to verify the daily gross revenues and income made from the gaming

activity.

(c) A minimum guaranteed payment to the licensee that has preference over

the retirement of development and construction costs.

(d) A contract term not to exceed seven years.

(e) A management fee not to exceed 25 percent of the net revenues of the

gaming activity.

(f) Grounds and mechanisms for terminating the contract.

23-603. Submission to the National Indian Gaming Commission

The Tribe shall submit to the National Indian Gaming Commission for approval

any management contract for the operation of a Class II or Class III game. The Tribe shall

submit with the contract all information required by the National Indian Gaming Commission

for its review of the contract.

23-604. Licenses Required

All persons or entities (-4-) with a financial interest in or having a management

responsibility for a Class III management contract, shall be required to obtain a license from

the Commission For each person or entity with a financial interest in or having a

management responsibility for a Class III management contract, the initial license fee shall

be $1,000, and the renewal license fee shall be $500.

23-605. Vendor License Required
All person or entities or (2 which are vendors to a Class II and Class Ill gaming

operation under this Ordinance shall be required to obtain a license from the Commission.

For each vendor to a Class II and Class Ill gaming operation per Class II or Class Ill facility

the annual license fee shall be:

~ $500.00 for vendors who have not supplied gaming equipment to a Class II

or Class Ill gaming establishment on the reservation. First time applicants

shall receive the license, which shall be in effect for one year. Thereafter,

the vendor license fee shall be based according to sales

~ $500.00 for sales under $25,000.00

(Q). $1,000.00 for sales under $50,000.00 in the preceding year

~) $2,500.00 for sales of $50,000.00 and over for the preceding year; and

~ $5,000.00 for sales in excess of $100,000 for the preceding year

The fees collected under this Section shall be non-refundable and shall become

gaming commission revenue. The license shall be for one year from the date of issuance.

23-606 605. Background Investigation

As part of the licensing process, each person or entity having a financial interest

in or having a management responsibility for a management contract and each vendor shall

be subject to a background investigation. For Class II and Class Ill gaming conducted in

North Dakota, the investigation shall be conducted by the State of North Dakota, FBI and

Tribal Court. For Class II and Class Ill gaming conducted in South Dakota, the investigation

shall be conducted by the State of South Dakota, the FBI and Tribal Court. Any costs of

such investigation shall be paid by the applicant. In addition, the Commission may conduct

its own investigation on any such person or entity, with the costs paid by the applicant. Each

applicant for a license shall execute a release of information permitting the appropriate

State or the Commission to conduct such investigation, and shall provide his or her full

name, address and social security number.

23-607. 606. Licensing Standard

No person or entity shall be issued a license under this Chapter if that person or

entity (or a principal of such entity) (1) has been convicted of a federal, state or tribal felony

(2) or released from parole or probation or incarcerated within five years of the application

date, (3) has been convicted of a misdemeanor involving fraud, misrepresentation, theft or

gambling, within the past five (5) years from the date of application (4) has been found to be

not a person of good character, honesty and integrity or a person or entity whose prior

activities, criminal record, reputation, habits, and association pose a threat to the public

interest of the Tribe or the State of North Dakota or the State of South Dakota or to the

effective regulation and control of gaming, or create or enhance the dangers of unsuitable,

unfair or illegal practices, methods, and activities in the conduct of gaming or the carrying on

of the business and financial arrangements incidental to the conduct of gaming, (5) has

been found to have participated in organized crime or unlawful gambling (6) Any person

convicted of a crime of theft (or related crime, however denominated), which arose in

connection with a casino of the Tribe, shall immediately have his or her license suspended,

if, following a revocation hearing, the Commission determines that the person has been
convicted of theft (or a related crime, however denominated) by a court of competent

jurisdiction, such person shall have his or her license revoked. (7 or has been convicted of

a petty theft offense within one (1) year from the date of application or j~) has an active or

outstanding bench or arrest warrant.

No primary management official or key employee shall be allowed to play,

participate as a player or make/place a wager in the Class Ill facility where the primary

management official or key employee is licensed

23-608. 6O7-~ Application for License

(a) Each applicant with a financial interest in or having a management

responsibility or a vendor for a Class III management agreement shall fill out

an application for a tribal license to be provided by the Commission.

Each such applicant sign and submit the following statements:

1. Privacy notice:

Solicitation of the information in this section is authorized by 25

U.S.C. §2701 et seq The purpose of the requested information is

to determine the suitability of individuals with a financial interest

in, or having management responsibility for, a management

contract. The information will be used by the National Indian

Gaming Commission members and staff and Indian tribal officials

who have need for the information in the performance of their

official duties. The information may be disclosed to appropriate

federal, tribal, state, or foreign law enforcement and regulatory

agencies in connection with a back ground investigation or when

relevant to civil, criminal or regulatory investigations or prosecu

tions or investigations of activities while associated with a gaming

operation. Failure to consent to the disclosures indicated in this

statement will mean that the Chairman of the National Indian

Gaming Commission will be unable to approve the contract in

which the person has a financial interest or management

responsibility.

The disclosure of a personal Social Security Number (SSN) is

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

processing the information provided.

2. Notice regarding false statements or failure to disclose:

Applicant shall sign and submit the following statement:

A false statement or failure to disclose knowingly and willfully

provided in any of the information pursuant to this section may be

grounds for not approving the contract in which I have a financial

interest or management responsibility, or for the disapproving or

voiding such contract after it is approved by the Chairman of the

National Indian Gaming Commission. Also, I may be punished by

fine or imprisonment (U.S. Code, title 18, section 1001).
(b) Each person seeking a license under this Chapter shall provide

the following information:

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

number(s), birth date, place of birth, citizenship, and gender;

2. A current photograph, drivers license number, and a list of all

languages spoken or written;

3. For the previous ten years: business and employment positions

held, ownership interests in those businesses, business and

residence addresses, and driver license numbers, and the city,

state and country of residence from age 18 to the present;

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

references, including one personal reference who was acquainted

with the applicant at each different residence location over the past

five years;

5. Current business and residence telephone numbers;

6. A description of any previous business relationships with Indian

tribes, including ownership interests in those businesses;

7. The name and address of any licensing or regulatory agency with

which the applicant has filed an application for a license or permit

related to gaming, whether or not such license or permit was

granted;

8. For each gaming offense and 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 of the charge and of

the disposition;

9. For each misdemeanor or other conviction or ongoing misde

meanor or other prosecution (excluding minor traffic violations)

within 10 years from the date of the application, the name and

address of the court involved and the dates of prosecution and of

the disposition;

10. 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 of permit was

granted;

11. A photograph;

12. Fingerprints;

1 3. A complete and current financial statement showing all sources of

income for the previous three (3) years, and costs, liabilities, and

net worth as of the date of the submission;

14. Any other information which, in a particular case, the Commission

deems relevant.
23-609. 60& Determination of Eligibility

On the basis Of the information received under subparagraph (b) of Section 23-

~ 60~, and the background investigation conducted by the appropriate State, the

Commission shall consider the application for a license. Upon a vote of a majority of its

members, the Commission shall make a determination of the applicants eligibility for a

license, pursuant to the standards set forth in Section 23-607 606. Notwithstanding any

other provision, any person or entity which supplies materially false or misleading

information, or who has àmitted material information in connection with the requirements of

this Chapter, shall be denied a license.

23-610. 609. Issuance of License

When the Commission determines that a person or entity with a financial interest

in or having a management responsibility for a Class Ill management agreement is eligible

for a license, it shall promptly forward its determination and the results of its investigation to

the National Indian Gaming Commission. This shall include, but not be limited to, the

licensee providing to the Commission, a complete and current financial statement,

consistent with the requirements of section 23-608(b)(1 3), covering the most recent period

before the date of the proposed license renewal If, at the conclusion of the 30-day period

beginning when the National Indian Gaming Commission receives the report submitted

pursuant to this subparagraph, the National Indian Gaming Commission has not notified the

Tribal Commission that it has any objections, the Tribal Commission may issue the license

to the applicant.

23-611. 6407 Duration of License

Each license under this Chapter shall be effective for a period of one year, from

the date of issuance Prior to the expiration of the license, the license shall update the

information produced during the original investigation. The Commission shall conduct a

review to determine that each license continues to meet the standards of Section 23-~Q~

606. If the Commission finds that the licensee continues to meet the standards, it shall

renew the license for an additional year. Notice of any such renewals shall be forwarded to

the National Indian Gaming Commission.

23-612 644 Hearings

Any person or entity which applies for a license under this Chapter may request a

hearing before the Commission on its license application. The Commission may grant such

a request for a hearing in its sole discretion, provided that, if the hearing is requested by a

person or entity whose application under this Chapter has been denied by the Commission

and such request is made in writing within 30 days of the denial, such request for a hearing

shall be granted. At any hearing under this section, the applicant shall have the right to be

present, be represented by counsel at the applicants own expense, to review all evidence

before the Commission on the application, and to present additional oral or documentary

evidence in support of the application. The decision of the Commission shall be in writing,
and shall be rendered within three days of the hearing.

23-61 3 6-1-2: License Suspension

(a) If, after issuance of a license under this Chapter, the Commission

receives reliable information that such person or entity is not eligible for

a license under this Chapter, the Tribe shall suspend the license and

notify the licensee in writing of the suspension and proposed revocation.

Such suspension shall not extend beyond 7 days without a hearing.

(b) The Tribe shall notify the licensee of the time and place of the hearing.

At the hearing, the licensee shall be entitled to the rights specified in

Section 23-612 6-14.

(c) After a revocation hearing, the Commission shall determine, based on the

evidence presented at the hearing, whether to revoke or reinstate the

license. If the licensee continues to meet the standards of Section

23-610 6.Q.~, the license shall be reinstated. If not, the license shall be

revoked.

(d) Any person convicted of a crime of theft (or related crime, however

denominated), which arose in connection with a casino of the Tribe, shall

immediately have his or her license suspended, If, following a revo9cation

hearing, the Commission determines that the person has been convicted of

theft (or a related crime, however denominated) by a court of competent

jurisdiction, such person shall have his or her license revoked.

If the license is revoked, the grievant may appeal the revocation to the Tribal

Court, utilizing the procedures set forth in Section 23-512 of this Ordinance.

23-614. 613. Definitions

(a) For purposes of this Chapter, the term persons or entities with a financial

interest in, or having management responsibility for, a management con

tract means:

(1) Each person with management responsibility for a management

contract;

(2) Each person who is a director of a corporation that is a party to a

management contract;

(3) The ten (10) persons who have the greatest direct or indirect

financial interest in a management contract;

(4) Any entity with a financial interest in a management contract;

(5) Any other person with a direct or indirect financial interest in a

management contract.
(b) For purposes of this Chapter vendor means:

i) any person or entity providing Class Ill gaming equipment to ~

gaming operatorL under this Ordinance in a total amount exceeding

$50,000.00 in a twelve month period or

ii) any other person or entity which provides goods or services (other

than accounting or legal services) to a gaming operator provided

that, notwithstanding any other provision of this Ordinance, a vendor

as defined under this Subsection ii) shall be required to obtain a

license under Section 23 604 only if the Commission, in its

discretion, specifically so requires

23-615 Conflicts of Interests

(a) Except as provided in subsection (b) of this section, no tribal council person, no

ciam ing commission member and no person or entity with a financial interest in, or

having management responsibility for, a management contract shall have a

financial interest in any entity (other than the entity holding the management

contract) that provides goods or services to any casino of the tribe. Any violation of

this section shall be grounds for suspension or revocation of the license of both the

vendor and the management contractor and such other entity that provides goods

or services to a casino of the tribe.

( Subsection (a) shall not apply with respect to any contract for goods and

services which has been presented to the Tribal Council in advance of

execution, where the relationship between the vendor and the tribal council

member, gaming commission member or management contractor has been fully

disclosed, and the Tribal Council has expressly approved of such contract.

CHAPTER 7.

CLASS II GAMING

23 701. Conditions

~ysically operating the ~,jc.

unauthorized-pei~.. is allc--~ to play partic~

the operation of any bingo game

Jwtu III Iii

44~

The following conditions and restrictions shall apply to the conduct of Class II

gaming, including bingo:

(a) No person who is under the age of 16 shall participate or play in any Class

II game of chance. No person under the age of 16 shall be allowed on

premises where Class II games are being conducted unless that person is

accompanied by a member of his immediate family or guardian who is not

younger than 18 years of age. It shall be the responsibility of the licensee

~nd of thoci~ per~onct r~-~ to th~t~rmin~ that no

~IL1.iE~ ,,, ~I ly ~ ~II ~ in
(d) Each numbered ball, or other device, used in a ~~_,, ~

c1:-IIru-~

~.. .

-fe the selec

tion of numbers to be called in play shall be the t~~iuie weight ~ each of

the other balls or devices used for the purpose in that game. Immediately

following the calling of each number in a bingo game, the caller shall turn

the portion of the ball or other device used to determine which number is

called which shows the number and letter to the participants in the game

so that participants may know that the proper number has been called

out. Nothing in this section shall prohibit the use of electronic, computer

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

provided that such aids are used properly and fairly

23 702. Purpose.

These regulations establish a process for the Standing Rock Tribal Gaming

Commission (hereinafter Commission) of the Standing Rock Sioux Tribe to

determine whether a technologically aided bingo or other game of chance

played under the Indian Gaming Regulatory Act constitutes a Class II or Class

Ill game as defined in that Act, hereafter IGRA. They are intended to identify

which technologically aided bingo or other game of chance games are Class H

and to assure that tribal gaming operations do not operate Class Ill games

except under a tribal state compact or Class Ill gaming procedures issued by

the-Secretary of the Interior.

Under 25 U.S.C. Sec. 2703(7) Class II games may utilize electronic,

computer or other technologic aids. At the same time ther is a strict

prohibition against the use of electronic or electromechanical facsimiles of

any game of chance with out a tribal state compact or Secretarial

Procedures. There has been a great deal of confusion about the meaning and

interrek~tion~hin of these nrovi~ions~

(b) All Class II licensees shall impose a uniform charge on all players for the

bingo cards to be used in each bingo game. The rate to be charged players

for cards shall be fixed by each licensee and posted conspicuously on the

premises. No person shall be allowed to play in a game without first

paying this uniform charge. Each person paying for the opportunity to

participate in a bingo game shall be given a bingo card which shall be

numbered and can be readily identified as belonging to that licensee.

Each card is used shall represent a specific amount of money which has

been paid to the licensee. The amount of prize money represented by

each card issued shall be clearly made known to all players prior to

anyone paying to participate in the activity.

(c) Bingo cards shall be sold and paid for, only in advance for use in a speci

tied game or games. All sales of bingo cards shall take place upon the

premises and upon the occasion that the bingo games for which the card

is being sold are conducted. No cards may be sold on credit or as a gift or

loan of any kind whatever.
Recent court decisions make clear that the technology used in a Class Il game

is permitted as an electronic or technologic aid if it (1) broadens the

potential participation levels in a common game, and (2) is readily

distinguishable from a facsimile through which a single participant can play

the game only with or against a self-contained device rather than with or

against other players. Determinations made under these regulations will apply

this distinction. Any technologically assisted game of chance that is not

determined, by the Commission ,

to be a Class II device, may be operated on

the lands of the Standing Rock Sioux Tribe only pursuant to the terms of a

tribal state compact or Class Ill gaming procedures issued by the Secretary of

the Interior.

( Bingo A game that meets the requirements set forth in 23 202 (a~

& (b) of Title XXIII Licensing and Regulation of Bingo and Other Games

of Chance.

( Bingo Ball A typical (but not reguired) form for the numbered or

designated objects that are drawn or determined.

( Bonanza Type Bingo A Bingo game in which some or all of the symbols

have been drawn or electronically determined prior to the distribution of

Cards to players

(d) Card An array of numbers or other designations that may be presented in

paper or electronic form.

Claim Declare right to a prize under the rules of a game.

Consideration Player payment to participate or to continue participating

(e)

(f)

in a game.

Daubing The process of matching or covering the numbers or

designations on a paper or electronic card that corresponds to drawn or

electronically determined numbers or designations.

flfl Deal A finite set of Pull tabs that contains a predetermined number of

winninri ~incI lnc~inn Pull f~uhct

(I) Deck The collection of all cards available for play in a particular

game of bingo.

(j) Draw A physical pr electronic determination of numbers or other
designations selected from a defined set of numbers or other

designations.

( Electronic or Technologic Aid A device, such as a player terminal or

station, used to aid in the play of a Class II game that satisfies the

criteria set forth in Section 23 713. Possible uses of such a device

include, but are not limited to:

~fl assisting players to play increased numbers of cards in a game

and br to rapidly play games, (2) linking players and/or facilities for

participation in common games, (3) tracking the ball draw, (4)

daubing cards, (5~ identi~ing winning patterns, (6) claiming prizes

and (7) presenting the game cards, game play, and game results

thrnuah entert~iininn ~mnhi~il enhancements

(I) Game Ending Pattern A specific array of numbers or designations on

a card that when daubed on

players Cards, and claimed

a

by

players C

a player,

ard, or on

concludes

more than

a game.

one

(m) Game Wir-ig Card ~ ~ard on which z ~- Ending Pattern has

been -, be more than Gamirg-W~~

any bingo game, so long as they are achieved within the came round

of play

( Tribal Gaming Facility Operator (TGFO) The entity authorized to

operate a gaming facility on the Indian Lands of the Standing Rock

Sioux Tribe.

( Outcome The predetermined result (win or lose) of each puU tab

ticket, which may be displayed on the ticket as numbers, symbols or

other designations.

( Pattern An array of two or more numbers or designations on a card.

( Player Terminals Electronic computer terminals housed in cabinets

with input devices and video screens through which players may

participate in Class II games.

( Prize Any Value, including monetary, that is awarded to a player

under the rules of the game.

( Prize Winning Bingo/Card a card on which a player may, by daubing

numbers or designations, or by an absence of matching numbers or

designations claim a primary or an interim or consolation prize under the

rules of a game. There may be more than one Prize Winning Card in

any Bingo Game

-

acnieveo ~
( Pull Tab A predetermined winning or losing outcome in paper or

electronic form that represents a chance from among a finite deal of

chances. The player must uncover the outcome either physically or

electronically to determine if he/she has won or lost.

( Random Number Generator (RNG) A computerized system for

determining outcomes in a gaming of chance that must meet the

apstandards for randomness established by this commission

(v) Rules of Play The specific rules controlling the play and outcome of

the subiect game.

(w) Tribal Gaming Facility Any gaming ~~i :1, it )I I on the Indian lands of

the Standing Rock Sioux Tribe operated pursuant to the Tribal gaming

ordinance. As used in these Regulations, Facility includes any and all

facilities located on the Indian lands of the Standing Rock Sioux Tribe.

( Uncover The revealing of the Outcome of a paper or electronic Pull

Tab, which is concealed from and unknown to the player at the time that

he/she purchases the Pull Tab.

( Verification Confirmation that a game winning or prize winning card or

pull tab ticket has been identified under the rules of a game.

23 704. Application for Determination.

The Tribal Gaming Facility Operator (Hereinafter TGFO) or its designated

representative may apply for a determination under these regulations, so tutig as

the Gaming Facility has an approved Class II gaming license and meets the

requirements of the Class II stipulations under this gaming ordinance.

An application is required because technologically aided games of Bingo or Pull

Tabs may not be operated on the Indian Lands of the Standing Rock Sioux

Tribe without a determination by the Gaming Commission that concludes that

the game is a Class II game

~

%AIL.~ Required.

( If the TGFO wishes to continue playing a technologically aided game of

Bingo or Pull Tabs that, as of the effective date of this ordinance, the

Commission has not previously determined to be a lawful Class II

flame; or

( If the TGFO wants to introdi II
technologically aided game of Bingo or Pull Tabs that the Commission

has not previously determined to be Class II.

23 706. The Operator of a Tribal Gaming Facility will be required to discontinue

an existing game that the Commission has not previously determined to

be a lawful Class II game.

The Operator of a Tribal Gaming Facility will be required to discontinue play of

an existing technologically aided game of Bingo or Pull Tabs that the

Commission has not previously determined to be a lawful Class II game if (1)

the TGFO fails to submit or cause to be submitted a completed application for

a determination within six months of the effective date of these regulations, (2)

the TGFO fails to pursue diligently a determination by providing all required

information; or (3) the commission determines that a game that was reported

to be previously approved, in fact has not been previously approved

23-707. C~ 

~a) The TGFO must submit the following in

form promulgated by the Commission:

( Applicants certification and documentation establishing that the

game meets all standards in these regulations pertaining to a Class II

kir~rir~ r~r ru ill +.~k ~

(2) Designation of an agent authorized to provide additional information if

required;

(3) Request for a Commission determination;

(4) Designation of whether and where the game is already in play;

(5) Complete description of the game including the operational

characteristics and rules of the game;

(6) Complete description of the method used for betting, paying winners,

paying the house, banking or non banking characteristics or the game

and funding of jackpots;

(7) Copy of any sales or promotional literature

(8) u~1l I already in play at the facilities, ~- complete list of the se~l:.~

numbers or other identifiers of each machine or device used in the

nkiv nf fhc~ n~mp(c~\~

( yjc 4I-~.. ~

( Report of laboratory test(s) which were conducted that validate that

the game meets the requirements of sub sections 23 707 (a)~1~
((a)(6), (a)(10) and (a)(1 1) of this section;

( An example of each of the memory storage chips (EPROM) or

devices used to control the game play in the machine, the source

code of the program contained on each chip or device, and sufficient

programmers notes to facilitate rapid analysis of the code. At the

request of the Commission, the applicant shall provide these

materials to an independent testing laboratory designated by the

Commission; that laboratory shall be bound to maintain the

confidenti~litv of such informption

( Certification by the vendor of the proposed game that the machines

L....

~:.~. ~L... r.:L....I ,s...;....... ~:i:i.~. ~:..... all re~4~ ~

~thc

.~u it I u te I I iu~ii ~.~dI rut ig

-

speciiicauons and standards &

r~uiiity

et forth

I ;L Hf H I

in the application;

Jt~ ~l J-I~i Will I

(13) Payment of a vendor fee as set forth in Section 23 605; and

(14)

(b)

Payment of a regulatory test fee not to exceed $2,500.00, which

shall be an expense of the vendor seeking to introduce the machine.

All information submitted by the TGFO is subject to check by field

(C)

tests conducted by the Commission or its appointees.

No technologically aided game will be deemed to be Class II unless

(d)

and until the Commission has notified the TGFO in writing that it has

made such a determination.

Once a technologically aided game has been determined to be

(e)

Class II, the TGFO shall provide a serial number and description of

each machine on which the approved game is played and shall

certify that the operation of each such machine is identical in every

material respect to the operation of the game that was determined

by the Commission to be a la~dul Class H game.

All submissions of proprietary information so designated by the

TGFO under this section or sub section 23 707 shall be confidential

and shall not be disclosed to any person without the TGFOs

consent.

~)7#%O A

( All technically aided Bingo and Pull Tab games shall comply with

the provisions of the TGFOs internal control standards

I Ir~r~ri ~~c4~ i~F +k~ ~+k~ ~.,....~, .-~,., ~ +,-~

( A live demonstration of the game
( A prototype of any game that uses the subject technologic aid;

( Descriptions of any new models or variations of an appro\,eu game;

( A record of any determinations that have been made by any other authority

on the status of the game as a Class U gaming activity; and

( Any further information or clarification iii~ ~,ommission determines it requires.

23 709. FieJd Tests.

( The Commission may choose to temporarily suspend some or all of the

submission requirements set forth in Sections23 707(a)~8~ (10) of these

regulations to allow a field test of the proposed device. If such decision is

made, the Operator of a Tribal Gaming Facility may be permitted to operate

one or more of the technologically aided Bingo or Pull Tab games at a

licensed gaming operation for no more than 30 days under such terms and

conditions as the Commission may approve or require.

( The Commission may order a termination of the test period at any time, if it

determines, in its sole and absolute discretion, that this applicant TGFO, or

the manufacturer or developer of the game has not complied with the terms

and conditions of the testing period or if it determines that the game is not

Class II.

23 710. ~I.,1 ~

The TGFO shall submit a request for a review of a game that is to be modified by

providing a detailed description of the modification and how the modification

affects the game. A request for a new determination shall not be required if the

modification does not result in a material change to the operation of the game.

Such non material changes include, but are not limited to: (a) changes to the

external appearance of the game hardware (such as the game cabinet), (b)

changes to the type of bill and/or coin acceptor used, (C) changes to any smart

card or PIN system(s) used with the game, (d) substitution of new game icons,

and (e) changes to the prize structure of the game.

23 711. Classification Decisions.

The decision of the Commission shall be final and no appeal shall be taken.

The Commission may, in its discretion, allow a request for reconsideration upon

a showing of new factual evidence or legal support.

A Commission game classification decision is binding on all TGFO and any

gaming operation conducted within the exterior boundaries of the Standing

Rock Sioux Tribe.

23 712. Tests to Determine Classification
The Tribe has determined that technology utilized in a proposed Class II game

is a permissible electronic or technological aid if:

( It operates to broaden the potential participation levels in a common

game, and

( It is readily distinguishable from a facsimile where a single participant

can play against a self contained device rather than with or against

other players.

The Tribe has determined that a game is a prohibited facsimile if:

It is a game of chance played with a self contained electronic or

electromechanical device, duplicating the appearance of a Class II or

Class Ill game, in which a single participant can play the game only with

or against the device rather that with or against other players

23 713. Technologically Aided Games that will be Determined to Qualify as

Bingo under the Indian Gaming Regulatory Act.

The Indian Gaming Regulatory Act, 25 U.S.C. 2703(7)(A) defines bingo as:

The term class II

( The game of chance commonly known as bingo (whether or not

electronic, computer, or other technological aids are used in

connection therewith)

( which is played for prizes, including monetary prizes, with

cards bearing numbers or other designations,

( in which the holder of the card covers such numbers or

designations when obiects, similarly numbered or designated,

are drawn or electronically determined, and

( in which the game is won by the first person covering a

preciously designated arrangement of numbers or

designations on such cards.

Including (if played in the same location) pull tabs, lob, punch

boards, tip iars, instant bingo, and other games similar to bingo,...

If a technologically assisted game meets theses aifributes, it is Class U Bingo.

A game generally will be considered to meet these attributes if it is operated in

the following manner
F~f~

-

rrnrrv..qp~~pfl5

-,,, ~F1~lF-t

(h-Ill II~

~layout~

set quantity of draw r ~ 

- - -

-as cymbc~

set of number of cards bearing ar

~-- --~

~p as a de~

predetermined ending pattern(s) of symbols, and

specified prizes, including a game winning prize and option~

interim and consolidation prizes, defined under the rules of

the game

~1

( The number of drawn or electronically determined symbols is-not

fixed. The maximum number is not limited but is selected by design

based of the number of play cards in the game and length of time

desired to play the game. Symbols may be displayed, without

limitation, as numbers, letters, icons, any other graphic or other

enhancement or any combination of these.

( The Draw can be physical or mechanical, or can be determined

electronically using a computerized random number generator

(provided that the RNG meets the applicable standards for

randomness established by the Commission. The draw can also be

based on a non random methodology, provided the results of the

method are not known or disclosed to the players until such time as

the card sales are closed

(d) A game may include any number of Cards. The Card can be multi

dimensional. Each Card must have an array or layout of symbols

and contain at least ~vo of the draw symbols. Game Ending

Patterns and interim and consolation patterns can be any

configuration of matched symbols on the play card. Interim and

consolation prizes also can be awarded for the absence of matched

symbols.

(e) When playing a Bonanza type game, a draw of a fixed number of

symbols takes place before cards are distributed to players. Players

then compete in a given game by purchasing game cards and then

revealing the designations on purchased cards, so that the pre

drawn symbols may be daubed. Subsequent draws may take place

to assure that a Game Ending Pattern is achieved.

Actual prize values must be defined before a prize can be awarded

but need not be defined before the start of a game. Multiple prizes

can be specified in a game based on, but not necessarily limited to,

different patterns or the number of drawn symbols required to

achieve a specified pattern. There may be multiple winners, on

multiple cards. Prize levels can also var~ for the same pattern as a

function of what the player pays for the Card and/or how far the

Draw has progressed. Prizes may include bonus prizes where the

prize is based on the specific order in which the numbers are

(i)

(ii)

(iii)

(iv)

(f)
selected. Jackpot prizes may also be awarded based on specified

criteria reflecting sequence or specific characteristics of the symbols

daubed by the player.

( A game must be available to a minimum of two players. A player

can play more than one game card.

23 714. Pull-Tabs.

The Commission will determine any game to guaUfv as Pull Tabs if it is a game

of chance that consists of a finite deal of two ply cards or their equivalent (in paper or

electronic form) with a pre determined number of winners and losers that must be

uncovered by the player to reveal the outcome in order to win.

A game generally will be considered to meet these allributes if it is operated in the

following manner:

( Each Pull Tab game (deal) must consist of a finite set of

predetermined chances and the deal cannot be altered after the

game (the sale of Pull Tabs from that deal) begins;

( No element of chance can be added to the game by the terminal

after the deal of Pull Tabs has been created;

( In the case of paper Pull Tabs, the Pull Tab must be physically

uncovered before payment of any amount won through play of the

paper tab;

( In the case of electronic Pull Tabs, the results of each Pull Tab

must be concealed until after the player purchases the Pull Tab and

causes the player terminal to reveal the predetermined outcome of

that Pull Tab on a video screen or other visual medium;

( Paper Pull Tabs may be utilized in conjunction with electronic aids

or displayed by (1) the use of pro printed Pull Tabs (e.g., Lucky Tab

II and Magical Irish), (2) the printing of a covered paper Pull Tab at

the time of sale; or (3) making any individual Pull Tab available for

purchase in either paper or electronic form;

i ite pi~yei iiiut~t claim any Pull Tab prize from either a cashier or

the player terminal;

( In the case of paper Pull Tabs, the Pull Tab, when uncovered, must

show the outcome through numbers, symbols, or other

designations; and

( Although not strictly required, it is recommended that the deals be

created by a system that is physically separate from the player
terminal.

23715. Other Games

The Tribal Gaming Commission reserves the right to approve other

technological aided games similar to bingo in addition to the Pull

Tab games described in 23 714 on a case by case basis. In each

instance that such a game is proposed for a determination, the

applicant must present evidence satisfactory to the Tribal Gaming

Commission that the game satisfies the requirements of 23 712, so

that it involves the use of technology to (1) broaden the potential

participation in a common game, and (2) is readily distinguishable

from a facsimile where a single participant can only play with or

against a machine rather than with or against other players. The

applicant for determination by the Tribal Gaming Commission that a

game or device is Class (1 must certi~ that the applicant will

indemni~ and hold the Tribe harmless for any and all costs

(fines, fees, or aftorneys fees) to the tribe and the Tribal

Gaming Commission in the even the Class II status of the game or

device is challenged in any administrative or judicial forum. The

Tribal Gaming Commission reserves the right to seek review and/or

approval from the National Indian Gaming Commission prior to

certification that a game or device is Class II

CHAPTER 8.

CLASS III GAMING

23-801. Applicability

In addition to the forms of Class II gaming authorized pursuant to Chapter 7,

the Tribe shall be authorized to conduct certain specified forms of Class III gaming. This

chapter imposes conditions and regulations on Class III gaming in addition to the

conditions in Chapter 4 which are applicable to all gaming on the Reservation.

Subchapter A. Gaming in North Dakota

23-802. Applicability

This subchapter applies to Class Ill gaming, as defined in Section 23-203 of

this Ordinance and in the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8), that

occurs on lands within the State of North Dakota which are on the Standing Rock Sioux

Reservation, held in trust by the United States for the Tribe or individual Indians or are

otherwise subject to the jurisdiction of the Standing Rock Sioux Tribe.

23-803. Governing Law
Class Ill gaming under this subchapter shall be governed by and conducted in

conformity with the laws of the Standing Rock Sioux Tribe, the North Dakota Compact

and the laws of the United States.

23-804. Adoption of Compact

The North Dakota Compact is hereby incorporated within and enacted as an

integral part of this Ordinance with respect to all forms of Class Ill gaming, and the Compact

is appended to and made a part of this Ordinance as if set forth in full herein; provided

however, that nothing in the adoption of the North Dakota Compact herein shall be deemed

to affect the operation by the Tribe of Class Ill gaming on the South Dakota portion of the

Reservation, or the operation by the Tribe of Class II 4-1- gaming on any portion of the

Reservation, or to confer upon the State of North Dakota any jurisdiction over Class 1114

gaming conducted by the Tribe on the Reservation.

23-805. Types of Class Ill Games Authorized

The following Class Ill games are authorized to be operated and played on the

North Dakota Portion of the Reservation.

a. Electronic games of chance with video facsimile displays. Machines

featuring coin drop and payout, and machines featuring printed tabulations

shall both be permitted.

b. Electronic games of chance with mechanical rotating reels whereby the

software of the device predetermines the stop positions and the presence

or lack thereof, of a winning combination and pay out, if any. Machines

featuring coin drop and payout, and machines featuring printed tabulations

shall both be permitted.

c. Paddle wheel.

d. Blackjack; and similar banking games;

e. Poker, including pal gal poker and Caribbean poker.

f. Keno.

g. Sports and calcutta pools on professional sporting events as defined by

North Dakota law, except that play may be conducted utilizing

electronic projections or reproductions of a sports pool board~

h. Pari-mutuel and simulcast betting if an agreement governing such betting is

reached between the Tribe and North Dakota.

i. Sports Book except as prohibited by the professional and Amateur Sports

Protection Act, P.L. 102-558; 28 U.S.C. Chap. 178, Pt. VI;
j. Pull-tabs or break-open tickets when not played at the same location where

bingo is being played, subject to Section 3.4 of the Compact;

k. Rafflec

I. k. Punchboards and jars;

m. L Craps and Indian Dice;

n. m. All games of chance and/or skill, other than those subject to Section 3.3 of

the Compact, authorized to be conducted by any group or individual under

any circumstances within the State of North Dakota, rules of play to be

negotiated in good faith by the parties~

o. n. Roulette, and similar games, whether played conventionally or

electronically~

And

p. o.Slot Tournaments, whether or not a fee is charged, in which players use

designated electronic games of chance machines and as more fully set

forth in the Compact.

23-806. Bet Limits

The following bet limits shall apply to the following games:

Blackjack $100.00 maximum, except the Tribe may

Designate no more than two (2) tables on which

Wagers may not exceed Two hundred Fifty Dollars

($250.00)

Any machine $25.00 maximum

Poker $50.00 maximum (single bet)

Three raise maximum per round

Paddle wheel $50.00 maximum

Roulette $50.00

Craps $60.00 per bet, however, a player may lay true

Odds on dont bets.

Indian Dice $100.00 multiplied by the number of player.
23-807. Minimum Age Requirement

No person under the age of 2lshall be allowed to play any Class Ill gaming on

the North Dakota portion of the Reservation. If any person below the age of 21 plays and

qualifies to win any Class Ill game, the prize shall not be paid, and the amount wagered

during the course of the game shall be forfeited by the minor.

23-808. Record Keeping Requirement

Each location which contains video games of chance shall have an intercon

nected one-way reporting system which shall provide, for each machine, periodic analytic

reports that record coins in and coins out, calculate actual hold, and compare actual hold to

theoretical percentages. Reports shall be prepared on at least a monthly basis and shall be

made available for inspection by agents of the State of North Dakota. The reports shall be

maintained by the Tribe for a minimum of three years.

23-809. Inspection

Agents of the Commission or the State of North Dakota shall have the right to

gain access, without notice during normal hours of operation, to all premises used for the

operation of Class Ill games of chance or~ the North Dakota portion of the Reservation, or

for the storage of such games and equipment related thereto, and may inspect all premises,

equipment, daily records, documents or items related to the operation of Class Ill games of

chance. -

23-810. Technical Standards

The provisions of Section 20 of the North Dakota Compact, Regulation and Play

of an Electronic Game are hereby adopted and incorporated into this Ordinance.

Subchapter B. Gaming in South Dakota

23-811. Applicability

This subchapter applies to Class III gaming, as defined in Section 23-203 of this

Ordinance and in the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8), that occurs on

lands within the State of South Dakota which are on th~ Standing Rock Sioux Reservation,

held in trust by the United States for the Tribe or individual Indians or are otherwise subject

to the jurisdiction of the Standing Rock Sioux Tribe.

23-812. Governing Law

Class Ill gaming under this subchapter shall be governed by and conducted in
conformity with the laws of the Standing Rock Sioux Tribe, the South Dakota Compact and

the laws of the United States.

23-81 3. Adoption of Compact

The South Dakota Compact is hereby incorporated within and enacted as an

integral part of this Ordinance with respect to all forms of Class Ill gaming, and the Compact

is appended to and make a part of this Ordinance as if set forth in full herein; provided

however, that nothing in the adoption of the South Dakota Compact herein shall be deemed

to affect the operation by the Tribe of Class Ill gaming on the North Dakota portion of the

Reservation, or the operation by the Tribe of Class II gaming on any portion of the

Reservation, or to confer upon the State of South Dakota any jurisdiction over Class II

gaming conducted by the Tribe on the Reservation.

23-814. Types of Class Ill Games Authorized

The following Class Ill games are authorized to be operated and played on the

South Dakota portion of the Reservation;

a. Blackjack, as that term i&-defined in South Dakota Codified Laws

42 78 4(3)

b. Poker, as that term is defined in South Dakota Codified Laws

42 78 4(18)

b. Pari-Mutuel Wagering, as defined in the South Dakota Compact,

Section 4.1; and

c. Slot machines, as that term is defined in South Dakota Codified Laws

42-7B4(21).

23-815. Bet Limits

Class Ill gaming operations on the South Dakota portion of the Reservation may

offer the highest bet limits on any game consistent with the laws of the State of South

Dakota and the regulations of the South Dakota Gaming Commission.

23-816. Accounting Standards

The accounting standards of Chapter 20:18:22 of the South Dakota Rules and

Regulations for Limited Gaming are hereby adopted and incorporated into this Ordinance.

23-817. Minimum Age Requirement

No person under the age of 21 shall play or be allowed to play any Class Ill

gaming device in the South Dakota portion of the Reservation. If any person below the age

of 21 plays and qualifies to win any Class Ill game, the prize shall not be paid, and the

amount wagered during the course of the game shall be forfeited by the minor.

23-81 8. Technical Standards for Gaming Machines
The hardware and software specifications set forth by the South Dakota Gaming

Commission and SDCL 42-7B-43 are hereby adopted and incorporated into this Ordinance.

All Class Ill gaming machines on the South Dakota portion of the Reservation shall meet or

exceed these standards.

23-819. Number of Gaming Devices

The Tribe shall be authorized to operate 250 slot machines up to 180 gaming

devices on the South Dakota portion the Reservation. The Tribe shall be entitled to have up

to ten (10) gaming devices in reserve as replacements for devices which are out of service

as a result of mechanical problems. These additional devices are only to be used in such

an event And shall meet the requirements of the Technical Standards, as set forth in the

South Dakota Compact., or such greater amount as may be authorized under the South

Dakota compact, provided however, that any increase or decrease in the gaming device

limitation contained in the laws of the State of South Dakota will result in a proportional

increase or decrease in the limit of 180 devices permitted under this Ordinance

CHAPTER 9.

NO CREDIT EXTENDED

23-901. No Credit Extended

All Class Ill gaming shall be conducted on a cash basis. No person shall be

extended credit for gaming and no licensee shall be permitted to offer credit for gaming for a

fee; provided however that this section shall not apply to credits won by players who

activate play after inserting coins or currency into the game, and provided further that this

section shall not restrict the right of the Tribe or any other person to offer check cashing or

to install or accept bank or credit card transaction in the same manner as would be normally

permitted at a retail business.

CHAPTER 10.

JURISDICTION OVER CLASS Ill GAMING

23-1 001. Civil Jurisdiction in South Dakota.

All civil matters arising from or related to Class Ill gaming shall be dealt with

according to applicable Tribal, State, or Federal law. Nothing in this Compact shall deprive

the Courts of the Tribe, the United States, or the State of South Dakota of such civil

jurisdiction as each may enioy under applicable law. Nothing in this provision shall be

construed to be a waiver of the sovereign immunity of the Standing Rock Sioux Tribe

The Standing Rock Tribal Court shall have civil jurisdiction exclusive of the State

of South Dakota over all transactions or disputes related to or arising from gaming

conducted on the South Dakota portion of the Reservation, and all disputes related to or

arising from this Ordinance on the South Dakota portion of the Reservation, provided

however, that any such case involving one or more persons who are not tribal members
shall be heard in the courts of the State of South Dakota, unless all parties stipulate the

action may be heard in Tribal Court. This provision shall not be construed as a waiver-of

sovereign immunity by the Tribe

23-1 002. Civil Jurisdiction in North Dakota

Nothing in this ordinance or the amended Compact shall deprive the Courts

of the Tribe, the United States, or the State of North Dakota of such civil jurisdiction as

each may enjoy under applicable law. Nothing in this ordinance or the amended

Compact shall be interpreted as extending the civil jurisdiction of the Tribe or state.

23-1 003. Criminal Jurisdiction in South Dakota.

All criminal matters arising from or related to Class lii gaming shall be dealt

with according to applicable Tribal, State or Federal law. Nothing shall deprive the

Courts of the Tribe, the United States, or the State of South Dakota of such criminal

jurisdiction as each may enloy under applicable law.

The Standing Rock Sioux Tribal Court shall have criminal jurisdiction

exclusive of the State of South Dakota over all persons who are members of the Tribe in

any criminal proceeding related to or arising from gaming conducted on the Reservation

in South Dakota. The courts of the State of South Dakota shall have jurisdiction over

persons who are non members of the Tribe in a criminal proceeding related to or arising

from gaming conducted on the South Dakota portion of the Reservation, to the extent

set forth in the South Dakota Comn~f

23-1 004. Criminal jurisdiction in North Dakota.

Nothing in this Ordinance or the North Dakota Compact shall deprive the Courts

of the Tribe, the United States, or the State of North Dakota of such criminal jurisdiction as

each may enjoy under applicable law. Nothing in this Ordinance or the North Dakota

Compact shall be interpreted as extending the criminal jurisdiction of the State of North

Dakota or the Tribe.

The Standing Rock Sioux Tribal Court shall have criminal jurisdiction

exclusive of the State of North Dakota over all persons - to whom the Tribe has

criminal jurisdiction generally, in any criminal proceeding related to or arising from

gaming conducted on the Reservation in North Dakota. The courts of the State of North

Dakota shall have jurisdiction over persons who are non Indians in a criminal proceeding

related to or arising from gaming in North Dakota

23-1005. Federal Jurisdiction

Nothing herein shall be construed to limit or deprive the federal courts of any

civil or criminal jurisdiction which they might otherwise have.

CHAPTER 11.
PENALTIES

23-1101. Criminal Penalties

Violation of this Ordinance shall constitute a Class A misdemeanor, as

defined by Title IV of the Tribes Code of Justice

23-1102. Civil Penalties

Notwithstanding criminal penalties which may be imposed, any individual who

violates any provision of this Ordinance, the Act or the Compact shall be subject to civil

penalties including:

~ exclusion from employment by any Tribal gaming enterprise~

~ exclusion from attendance at any Tribal gaming facility~,-oc

~ exclusion from the Reservation if a non-member of the Tribe~

~ a civil penalty of up to $1 ,per violation for any primary

management official or key employee who with knowledge, fails to report

violations of this Ordinance, the Act or Compact, to the Commission.

Two or more civil penalties imposed by the Commission against a primary

management official or key employee, in a calendar year, may also be grounds for license

suspension, as set forth in Section 23-511.

The Tribal Court shall have the jurisdiction to impose any such civil penalty on any person

within the jurisdiction of the Tribe to impose such penalty

CHAPTER 12.

CUSTOMER DISPUTES

23-1201. Customer Disputes

Any person who has any dispute, disagreement or other grievance that involves

currency, tokens, coins or any other thing of value and is between the customer or player

and a tribally licensed gaming facility, may raise such dispute with the following persons and

in the following order: (a) a member of the staff of the facility, (b) the supervisor in the area

in which the dispute arose. (c) a managerial level supervisor of the facility and (d)the Tribal

Gaming Commission.

23-1 202. Customer Rights Regarding Disputes
At each level, the complainant has the right to explain his side of the dispute,

and to present witnesses in connection with any factual allegation. At each level, if the

dispute remains unresolved, the complainant shall be informed of this right to take the

dispute to the next higher level as set forth in Section 23-1201. Resolution of any dispute by

staff of the facility shall always involve two or more staff members. All disputes, whether

resolved or not, shall be the subject of a detailed report by all staff involved to their

supervisors, or, in the case of the senior staff member handling a dispute, to the Tribal

Gaming Commission.

23-1 203. Commission Action on Customer Disputes

All disputes which are submitted to the Tribal Gaming Commission shall be

decided by the Commission based on information provided by the complainant, any

witnesses for or documents provided by the complainant, or by the licensee or manager

of the facility or any other person who has relevant information to provide. The decision

of the Commission shall be in writing, shall be issued within 14 days of submission of the

matter to the Commission, and shall be provided to the licensee or manager of the

facility and the complainant.

The decision of the Commission shall be final and cannot be appealed to the

Tribal Court by either the customer or the facility

CHAPTER 13.

MISCELLANEOUS

23-1301. Severability

In the event that any section or provision of this Ordinance is held invalid, the

remaining sections or provisions shall continue in full force and effect.