July 3,2012 

Via US. Mail and Facsimile 

John Zachary, Tribal Attorney 

Coushatta Tribe of Louisiana 

P.O. Box 818 

Elton, LA 70532 

Fax: (337) 584-1507 

Re: Coushatta Tribe of Louisiana Amended Gaming Ordinance 

Dear Mr. Zachary: 

This letter responds to your request on behalf of the Coushatta Tribe of Louisiana 

for the National Indian Gaming Commission Chainvoman to review and approve the 

Tribe's amended Gaming Ordinance. 

The Coushatta Tribal Council approved Resolution No. 2012-28 on April 5,2012. 

The gaming ordinance was completely revised and makes substantial revisions to the 

definition section, audit provisions, structure and powers of the Tribal Gaming 

Commission, conflicts of interest, and licensing of employees. 

Thank you for bringing the amended gaming ordinance to our attention. The 

gaming ordinance is approved as it is consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. 

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

420-9229. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARERS 1441 L St. NW. Sute 91W. Washington, DC 2W05 Tel: 202,632,7003 Fax: 202,632,7066 www.wl~c.wv 

REGIONAL OFFICES Portland. OR; Sacramema. CA: Phoenix, AZ; St. Paul, MN; Tulsa, OK 
4% 

COUSWTA TRIBE OF LOUISIANA '6 

TRIBAL COUNCIL RESOLUTION NO. 2012-L ‘+@ 

Re: A RESOLUTION TO AMXND, COMPILE, AND RESTATE TFIE COUSHATTA 

TRIBE OF LOUISIANA GAMING ORDINANCE 

WHEREAS, the Coushatta Tribe of Louisiana is a sovereign Indian Nation and 

recognized as such by the United States of America, and; 

WHEREAS, the Coushatta Tribal Council is the duly elected governing body of the 

Coushatta Tribe of Louisiana, and; 

WHEREAS, the Coushatta Tribe of Louisiana is sovereign entity whose existence 

antedates that of the United States of America and the State of Louisiana, and 

WHEREAS, the Indian Gaming Regulatory Act, 25 U.S.C. $2701 et seq. authorizes the 

Tribe to enact an Ordinance to regulate certain types of Class LI and Class III gaming activities as 

defined in that Act on land within the jurisdiction of the Tribe, and 

WHEREAS, the terms of Tribal-State compact governing Class 111 gaming activities on 

lands within the iurisdiction of the Tribe have been established in accordance with the provisions 

of the Indian ~a;nin~ Regulatoly Act, and 

WHEREAS, the Coushatta Tribe of Louisiana desires to regulate the conduct of Class 11 

and Class 111 Gaming Activities on Coushatta Tribe of Louisiana Reservation by the enactment 

of Rules and Regulations as set forth in Gaming Ordinance 92-01, as amended. 

NOW THEREFORE BE IT RESOLVED, by the Tribal Council that the attached Gaming 

Ordinance be hereby enacted, in obedience to the requirement of Section 11 of the Indian 

Gaming Regulatory Act and that any and all previous ordinances, resolutions, and regulations of 

the Coushatta Gaming Commission that are inconsistent with this Ordinance are hereby repealed, 

and 

NOW TW3REFORE BE IT FURTHER RESOLVED, that the attached Gaming 

Ordinance includes all tribal gaming regulations pursuant to the Indian Gaming Regulatory Act 

and 25 C.F.R. Part 522, and 

BE IT FURTHER RESOLVED, that the dispute resolution procedures contained in the 

Tribal-State Compact apply to both Class I1 and Class III gaming activities, and 

BE IT FURTHER RESOLVED, that Kevin Sickey, as the Chairman of the Coushatta 

Tribe of Louisiana, is hereby authorized and directed to execute and deliver such other 

documents and take such other actions as may be necessary and appropriate to carry out the 

foregoing resolution and to obtain any necessary approvals from the Department of Interior, National-Indian. Gaming ~o~ission....an~/OP.from the .Bureau.of -Indian..Affairs.. -- -.-- . -. . .. .... . . . .-- ......... 

Page 1 of 2 
BE IT FURTHER RESOLVED, that Resolution 2012-04 and Gaming Ordinance No. 

2012-01. as well as anv other resolution. ordinance. or volicv that are inconsistent with this , . ~esolukon, be and herkby are terminated andlor rescinded. ' 

CERTIFICATION 

This resolution was duly acted upon by the Coushatta Tribal Council at a meeting held on 

April 5 2012, with a quonun present. 

* 

Kevin Sickey, Chairm Kenn~j~~;"rman 

David Sickey, Member 

Page 2 of 2 
REVISED AND RESTATED 

COUSHATTA TRIBE OF LOTBSLANA 

GAMING ORDINANCE NO. 2012-02 

(Replacing Ordinance No. 92-01, as amended by No. 2003-54) 

1) m. This Ordinance shall be known as the Coushatta Tribe of Louisiana Gaming 

Ordinance or the "Gaming Ordinance." It is promulgated pursuant to governmental 

authority of the Coushatta Tribe of Louisiana. 

2) Purpose. The Coushatta Tribe of Louisiana (the "Tribe"), is a federally recognized Indian 

Tribe with sovereign authority to enact ordinances and regulations and hereby amends its 

Gaming Ordinance setting forth the terms for Class I1 and Class I11 gaming operations on 

Tribal lands including lands acquired by the United States in trust for the benefit of the 

Tribe afta October 18, 1988 (a) if the Secretary of Interior ("Secretary") has determined 

such lands to be contiguous to the Tribe's Reservation pursuant to the Indian Gaming 

Regulatory Act, Public Law 100-447, §20(a)(l), 25 U.S.C. §2719(a)(1) ("IGRA"), or (b) 

ifthe Secretary has made the determination required by $20 (b)(l)(A) of the IGRA, 25 

U.S.C. §2719(b)(l)(A), and the Governor of Louisiana has concurred in such 

determination. 

3) Definitions. 

a) Class I gaming means social games solely for prizes of minimal value or traditional 

forms of Indian gaming engaged in by individuals as part of, or in connection with, 

tribal ceremonies or celebrations. 

b) Class 11 gaming means: 

i) The game of chance commonly known as bingo (whether or not electronic, 

computer, or other technologic aids are used in connection therewith, 

(1) which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

(2) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically 

determined, and 

(3) in which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, 

including (if played in the same location) pull-tabs, lotto, punch boards, 

tip jars, instant bingo, and other games similar to bingo, and 

ii) Card games that: 
(2) are not explicitly prohibited by the laws of the Sate of Louisiana and are 

played at any location in the State, but only if such card games are played 

in conformity with those laws and regulations (if any) of the State 

regarding hours or periods of operation of such card games or limitations 

on wagers or pot sizes in such card games. 

iii) The term "class I1 gaming" does not include: 

(1) any banking card games, including baccarat, chemin de fer, or blackjack 

(211, or 

(2) electronic or electromechanical facsimiles of any game of chance or slot 

machines of any kid. 

c) Class 111 gaming means all forms of gaming that are not class I gaming or class 11 

gaming and that are permitted under the Tribal-State Compact. 

d) Commission means the Tribal Gaming Commission established to perform 

regulatory oversight and to monitor compliance with Tribal, Federal and applicable 

State regulations. 

e) Commissioner means a Tribal Gaming Commissioner. 

f) Compact means the Tribal-State Compact between the Coushatta Tribe of Louisiana 

and the State of Louisiana concerning class III gaming approved by the Secretary of 

the Interior and published in the Federal Register pursuant to 25 U.S.C. 4 2710(d). 

g) Gaming facility means any place or location in which class 11' or class I11 gaming 

activities occur, or in which the business records, receipts, or other funds of the 

gaming operation are maintained (but excluding offsite facilities primarily dedicated 

to the storage of those records, and fiancial institutions). Gaming facility does not 

include rooms and mas in which no class I1 or class I11 gaming activities occur and 

no records of the gaming operation are maintained, even if such areas are adjacent to 

a place orlocation in which class 11 or III gaming activities occur. 

h) Gaming operation means the economic entity ,that is authorized by the Tribe to 

operate class 1' and class 111 gaming, receive gaming revenues, issue prizes, and pay 

' Clarification: The Compact authorizes and provides for the regulation of class I11 gaming; it does not bear on class 

Il gaming. Accordingly, as used in the Compact, the term "gaming facility" means any place or location in which 

class III gaming activities occur, or in which the business records, receipts, or other funds ofthe class 111 gaming 

operation are maintained (but excluding of'fsite facilities primarily dedicated to the storage of those records, and 

financial institutions), and does not include rooms and areas in which no class 111 gaming activities oocur and no 

records of the gaming operation are maintained, even if such areas are adjacent to a place or location in which class 

III gaming activities occur. 

2 Clarification: The Comvact authorizes and orovides for the rermlation - of class III 

., 

pamine: it does not deal with -, 

class I1 gaming. ~ccordin~ly, as used in thc:ompact, thc tcrm "gaming operation" refers to !he economic entity .. . . .... . 

thatis authorized by-the 'hibeto fiperate class ITI giuning, receive class Ill gamingri~nu&,'issue claqs I11 prizes, 

and pay cxpenses related to elms Ill gaming. If the economic entity authorized by the'l'ribu to operate clnss 111 
expenses related to gaming. If the economic entity authorized by the Tribe to 

operate class I1 and I11 gaming also operates additional, non-gaming enterprises, the 

term "gaming operation" refers only to those employees and records of the economic 

entity that are authorized by the Tribe to operate class II and class I11 gaming, 

receive gaming revenues, issue prizes, and pay expenses related to gaming. 

i) Indian lands means: 

i) all lands within the limits of the Tribe's reservation; 

ii) any lands title to which is either held in trust by the United States for the benefit 

of the Tribe or individual or held by the Tribe or individual subject to restriction 

by the United States against alienation and over which the Tribe exercises 

governmental power; and 

iii) for all lands acquired into trust for the Tribe's benefit after October 17, 1988, 

the lands meet the requirements set forth in 25 U.S.C. 5 2719. 

j) Key Employee means 

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

Bingo caller 

Counting room supervisor 

Chief of security 

Custodian of gaming supplies or cash 

Floor manager 

Pit boss; 

Dealer; 

Croupier; 

Approver of credit; or 

Custodian of gambling devices including persons with access to cash and 

' accounting records within such devices. 

ii) If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year; or 

ii) If not otherwise included, the four most highly compensated persons in the 

gaming operation. 

gaming also operates additional, non-gaming and/or class I1 enterprises, the term "gaming operation" as used in the 

Compact refers only to those employees and records ofthe economio entity that are authorized by the Tribe to 

operate class I11 gaming, . . .. .. . . .. . . . ... . . ... . . . . .. . IIP'gml 
k) Net ~evenues~ means gross gaming revenues of the gaming operation less 

i) Amounts paid out as, or paid for, prizes, and 

ii) Total gaming-related operating expenses, excluding management fees. 

1) Primary Management Official means 

i) The person(s) having management responsibility for a management contract; 

ii) Any person who has authority: 

(1) To hire and fire employees; or 

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

(3) The chief financial officer or other person who has financial management 

responsibility. 

m) Tribe means the Coushatta Tribe of Louisiana. 

4) Craminn Authorized. Class I1 and class I11 gaming are hereby authorized. 

5) Ownership of Gaming. The Tribe shall have the sole propriety interest in and 

responsibility for the conduct of any gaming operation authorized by this Gaming 

Ordinance. 

6) Use of Gaming Revenue. 

a) The Tribe shall have access to all financial information relevant to gaming and/or the 

Tribal-State Compact, and the Tribe shall conduct annual reviews of all revenues and 

expenses. 

b) Net revenues from Class I1 and Class IIl gaming shall be used only for the following 

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

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

to charitable organizations; or help fund operations of local government agencies. 

7) Per Capita Payments 

a) "Per capita payment' means the distribution ofmoney or other thing of value to all 

members of the Tribe, or to identified groups of members, which is paid directly 

from the net revenues of any tribal gaming activity. 

b) If the Tribe elects to make per capita payments to tribal members from revenues 

derived from its gaming operations, it shall ensure that the requirements of 25 CFR 

. .. ....... . . . 9 cl*ific~otion: Th .Fte iM ,,lietieve hai.a diffiren.tmeaning ..f6 ipii"posMe<oOfi Ki.e om nitd&s.F;r ., 

purposes of this Ordinance. For purposes of the Compact, "net revenues" are calculated as defined therein. 
Part 290 are met and that such payments are authorized and issued only in 

accordance with the Tribe's approved Revenue Allocation Plan. 

a) The Tribe shall cause to be conducted annually an independent outside audit of 

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

Gaming Commission. 

b) All gaming-related contracts that result in the purchase of supplies, services, or 

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

and accounting services, shall be specificall; included within the scope ofthe audit. 

9) Protection of the Environment. Public Health and Safe@. 

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

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

safety, and in compliance with all Coushatta and applicable Louisiana laws. 

b) The Tribal Council shall adopt standards that assure adequate protection of the 

environment and the public health and safety. Such standards shall address at least 

the following: (1) emergency preparedness; (2) food and water; (3) construction and 

maintenance; (4) hazardous and other materials; and (5) sanitation. The Tribal 

Gaming Commission shall monitor the enforcement of such standards. 

10) Gaming Commission. 

a) Members and Terms. There is hereby created the Coushatta Tribe Of Louisiana 

Gamina Commission fiereinafter the "Commission"). The Tribal Chairman, with the 

approval of the ~ribal 'council, shall appoint three (3) citizeni of Louisiana serve 

as members of the Commission, and those members may or may not be members of 

the Coushatla Tribe of Louisiana and one of which will be appointed to serve as the 

Chairperson of the Commission. The members shall serve staggered four (4) year 

terns, with the Chairperson and one member appointed, and the other member's 

term staggered so that the reappointment will be two (2) years later. No member 

shall serve more than two full terms, whether consecutive or non-consecutive terms. 

b) Removal. Commissioners may be removed, upon proof of wrong-doing, by majority 

vote of the Tribal Council. Any Commissioner whose removal is sought by the 

Tribal Council shall be notified in writing at least three (3) days before any vote shall 

be taken regarding that Commissioner's removal. A Commissioner so notified may 

request an informal hearing before the Council prior to a vote on this or her removal 

from the Commission. The Council's decision to remove a Commissioner is final 

and may not be appealed. 

c) Purpose and Power of Gamina Commission. The purpose of the Tribal Gaming , ....... .. . Co~ssion.is.regulator,y,..nat.manag~s are- - 

to the powers described in this Ordinance. The Commission will regulate Tribal 
gaming facilities and the Tribal gaming operation to ensure their compliance with 

Federal, Tribal, and any applicable State law. 

d) Fiances of Gaming Commgssio~. No monies may be expended by the Commission 

until a hudgct has been submitted for review and approval by the Tribal Council. The 

Gaming Commission shall provide a monthly rePo% to the Tribal Council to include 

the following: 

i) Actual to Budget financial report of the Gaming Commission operation 

representing the previous month and year to date financial performance of the 

Commission; 

ii) Prior month operational activities of the Commission. 

iii) The Commission shall maintain accurate and complete records of the financial 

affairs of the Commission, and the Chairman of the Commission shall cause an 

annual audit of the Commission's financial &airs to be conducted by a 

Certified Public Accountant in accordance with generally accepted accounting 

principles, consistently applied, and shall furnish an annual budget, an annual 

balance sheet, and complete financial report of the Commission to the Tribal 

Council, through the Tribal Chairman, within three months of close of the 

Tribe's fiscal year. 

11) Gaming Commission Rule-Makinu Authority. 

The Commission may promulgate rules as required to execute its obligations under this 

Ordinance. Any such final rules must be approved by the Tribal Council before they 

become final and are implemented, and must be submitted to the National Indian Gaming 

Commission. 

12) Gaming Commission Meetings. 

The Commission may hold regular and special meetings at such times and places as it 

may deem convenient, but at least one regular meeting shall be held quarterly. A majority 

of the appointed members constitute a quorum of the Commission, and a special meeting 

may be called by any two members. 

All formal meetings ofthe Commission shall be memorialized by maintaining "minutes" 

of the meeting. Minutes of the previous meeting shall be reviewed and adopted at the 

subsequent meeting. 

The Commission may hold executive or closed meetings for any of the following 

purposes: 

a) Considering applications for licensing when discussing the background 

investigations or personal information; 
b) Meeting with gaming officials of other jurisdictions, the Attorney General and law 

enforcement officials relating to possible criminal violations; 

c) Consulting with employees or agents of the Commission concerning possible 

criminal violations; Deliberations after hearing evidence on a contested matter 

necessary to reach a decision; and 

d) Discussing an applicant for a license if public discussion may be harmful to the 

competitive position of the licensee or applicant for a license. 

13) Commission Powers. The Commission's powers are limited to the powers explicitly 

granted in this Ordinance. In addition to any other power granted in this Ordinance, the 

Comission has the power to: 

a) Conduct or cause to be conducted background investigations on, at a minimum, 

primary management officials and key employees; 

b) Report results of background investigations of primary management officials and 

key employees to the NIGC; 

c) Ensure that fingerprints are obtained and processed as required under this Ordiiance; 

d) Make licensing suitability determinations; 

e) Issue licenses to those employees and vendors required by this Ordinance, federal 

law OF the Tribal-State Compact to be licensed by the Tribe; 

f) Issue facility gaming licenses to Tribal gaming facilities; 

g) Inspect and examine all premises where gaming is conducted or gaming devices or 

equipment are sold or distributed to assure compliance with this Ordinance and the 

Tribal-State Compaot; 

h) Inspect, examine and monitor all gaming activities; 

i) Inspect, examine, and photocopy all papers, books, and records of applicants and 

licensees and require verification of income, if required, 

j) Suspend or revoke, for cause, any gaming license for violation of the Tribal-State 

Compact or this Ordinance; 

k) Investigate suspected violations of the Compact or Ordinance or other applicable law 

by all licensees; 

1) Investigate any suspicion of wrongdoing associated with any gaming activities; 

m) License gaming equipment vendors and non-gaming vendors as required by the 

.. .- Tribal-StateCompact &be licens . . . . .... . ... .. ... . . . . , ... . . . .. .. .. ... 
n) Handle patron disputes that are related to gaming, under rules promulgated by the 

Commission, as provided in the Tribal-State Compact; 

o) Enforce preferential treatment in hiring and in contracts, relative to gaming, to 

members of Louisiana federally-recomized Indian Tribes, then to persons domiciled 

in the State of Louisiana as prdvidedTn the Tribal-State compact; A 

p) Employ duly qualified inspectors who shall report to the Commission regarding any 

failure by the Tribal gaming facilities or operation to comply with any provisions of 

the ~ribd-state compact, or with any applicable laws, ordinances or regulations, and 

to convey any gaming patron complaints to the Commission, as provided in the 

Tribal-State Compact and this Ordinance; 

q) Comply with any and all reporting requirements under the Indian Gaming 

Regulatory Act, the Tribal-State Compact, and any other applicable law; 

r) Direct the terms and conditions of compliance to the Tribal gaming facilities and 

operations as authorized by the Tribal-State Compact; and 

s) Provide for and perform the hctions established in Section 8(A) of the Compact in 

connection with class III gaming activities, namely: 

i) Ensure the physical safety of patrons in the class 111 gaming facilities and class 

III gaming operation; 

ii) Ensure the physical safety of personnel employed by the class 111 gaming 

facilities and class I11 gaming operation; 

iii) Ensure the physical safeguarding of assets transported to and from the class I11 

gaming facilities and cashier's cage department; 

iv) Protect the class XI1 gaming facilities and class 111 gaming operation from illegal 

activity; 

v) Identify all people and entities that may be involved in illegal activity for the 

purpose of notifying the State of Louisiana; 

vi) Rewrd all unusual occurrences within the class I11 gaming facilities and class IU. 

gaming operation, subject to the provisions of the Compact. 

14) Appeal of Commission Actions. 

Written notice of Commission action shall be mailed on the same day the decision is 

issued by the Commissioners. Any final action of the Commission is subject to appeal to 

the Coushatta Tribal Court. Notice of Appeal shall be filed in writing with the 

Commission and with the Clerk of Court, within ten (10) days from written notice of any . . - - .affi8 Csmi~si.oE;Fc ll-u- e-fi,*-~s* ~.file--an-Iip *eeaI-HmImake-*-i-acti-O-n..find~ .. . .. .- .. .. . . . . ..... . .. 
15) Approval of Licenses. 

The Commission may approve or disapprove any application for license, depending upon 

whether it objectively deems the applicant a suitable person to hold the license and 

whether it considers the proposed location suitable, subject to the provisions of Sections 

19 and 20. Among other things, failure of the applicant to provide information necessary 

to allow consideration into his background, is grounds for denial of the license. 

16) Confiict of Interest. 

The Tribe recognizes that the duties of the Tribal Gaming Commission include making 

important decisions on highly sensitive issues. As such, the Tribe has determined that the in^ Commission shai be held to extremely high ethical standards. Prior to taking 

their positions on the Commission, Commissioners shall agree to be bound by the 

following principles: 

a) Commissioners shall not hold financial interests that conflict with the conscientious 

performance of their duties as managers and regulators. Per Capita distributions are 

not considered financial interests that would conflict with the conscientious 

performance of duty by a manager or regulator. 

b) Commissioners shall not engage in financial transactions using nonpublic 

information or allow the improper use of such information by others on their behalf 

to fbther any private interest. 

c) Commissioners shall not solicit or accept any gift or other item of monetary value, 

including "complimentazy items" or services, from any person or entity seeking 

official action or inaction from, doing business with, or conducting activities 

regulated by the Commissioner's organization, or whose interests may be 

substantially affected by the performance or nonperformance of the Commissioners' 

duties. 

Complimentary items do not include: food and beverages valued at under five 

dollars, or, at a public event held at the gaming facility, the free food and beverages 

offered to the general public 

d) Commissioners shall make no unauthorized commitments or promises of any kind 

purporting to bind the Tribe. 

e) Commissioners shall not use theheir positions for private gain. 

f) Commissioners shall act impartially, in accordance with all relevant Tribal, Federal, 

and State laws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including any persons related to Commissioners. 

g) Commissioners shall not engage in outside employment or activities, including 

seeking or negotiating for future employment which conflict with their o ,, ,, .......... .......... L -- . - .. 

duties and responsibilities. 
h) Commissioners shall disclose waste, hud, abuse, and corruption to appropriate 

authorities. 

i) Commissioners shall endeavor to avoid any actions creating the appearance that they 

are violating the law or the ethical standards listed herein. 

j) Commissioners shall disclose any real or apparent financial or personal conflicts. If 

there is a real conflict or the appearance of one, the Commissioner shall not take part 

in any decision related to tbe conflict. 

17) Application Fee. 

The Commission may establish an application fee which shall include the cost of 

investigation. The fee may vary with the type of license for which application is made 

and is non-refundable. The application form will be promulgated by the Commission and 

shall include a waiver of any right of confidentiality and shall allow access to law 

enforcement records of any state. The waiver of confidentiality shall extend to any 

financial or personnel record wherever maintained. 

18) Reimbursement to Commission for Investigation 

Any applicant for a license under this Ordinance shall reimburse the Commission for any 

costs of investigation over and above the initial licensure fee charged at the time of 

application to determine if he is a suitable licensee under this Ordinance. By signing and 

filing an application for a license, the applicant authorizes the Commission to obtain 

information from other states regarding prior license applications, or conduct of the 

applicant of any of its shareholders, partners, agents, or employees in those states. The 

State and the National Indian Gaming Commission shall be notified of the results of all 

such investigations. 

19) Licenses for Kev Emplovees and Primary Management Officials 

a) The Commission shall ensure that the policies and procedures set out in this section 

are implemented with respect to key employees and primary management officials 

employed at any Class I1 or Class I11 gaming facility operated on Indian Lands. Only 

key employees and management officials are required to be licensed as described in 

this section. Persons or entities that are not key employees or primary management 

officials, but which are required under the Compact to be licensed by the 

Commission, shall be licensed pursuant to Section 20 of this Ordinance. 

b) The Commission will issue licenses and perform background investigations of key 

employees and primary management officials according to requirements that are at 

least as stringent as 25 CFR Parts 556 and 558. 

c) License Application Forms. 

The following notice shall be placed on the application form for a key .e_md_oy,eg ,, ,, , . .. - ... - 

or primary management official: 
"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 elirribilitv of individuals to be granted a 

gaming license. The information 211 be used by the Tribal g&ing 

regulatory authorities and by the National Indian Gaming Commission 

membersand staff who have need for the information intthe 

verformance of their official duties. The information mav be disclosed 

io appropriate Federal, Tribal, State, local, or foreign law enforcement 

and regulatory agencies when relevant to civil, criminal or regulatory . - 

investigations or prosecutions or when pursuant to a requirement bia 

Mbe or the National Indian Gaming Commission in connection with 

the issuance, denial, or revocation of a gaming license, or investigations 

of activities while associated with a tribe or a gaming operation. 

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

in a tribe's being unable to license you for 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." 

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

employee or primary management official: 

"A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a 

license. Also, youhay be punished by fie or imprisonment. (U.S. 

Code, Title 18, Section 1001)." 

iii) The Commission shall notify in writing existing key employees and primary 

management officials that they shall either: 

(1) Complete a new application form that contains both the Privacy Act and 

False Statement notices; or 

(2) Sign a statement that contains the Privacy Act and False Statement 

notices and consent to the routine uses described in the Privacy Act 

notice. 

d) Finperprints. Each applicant for a key employee or primary management official 

position shall be required to have fingerprints taken as part of the license application 

procedure. Fingerprints shall be taken by the Louisiana State Police Department. 

The Commission will then forward the fingerprints to the NIGC for processing 

through the FBI and NCIC to determine the applicant's criminal history, if any. 
e) Backaround Investigations. 

i) The Commission shall request from each key employee or primary management 

official all of the following information: 

(1). 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) Currently and for the previous 5 years; business and employment 

positions held, ownership interests in those businesses, business and 

Eesidenoe addresses, anddrivers 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 under paragraph (e)(i)(2) of this 

section; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

(6) A description of any existing 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 person has flied 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 

(excludingminor traffic violations) within 10 years of the date of the 

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

disposition; 

(10) For each criminal charge (excluding minor tr&c charges), whether or 

not there is a conviction, if such criminal charge is within 10 years of date 

of the application and is not otherwise listed pursuant to paragraph 

(e)(i)(8) or (e)(i)(9) of this section, the criminal charge, the name and 

address of the court involved and the date and disposition. 
(1 1) The name and address of any licensing or regulatory agency with which 

the person has filed an application for an occupational license or permit, 

whether or not such license or permit was granted; 

(12) A current photograph; 

(1 3) Any other information the Tribe deems relevant; and 

(14) Fingerprints consistent with procedures adopted by the Tribe according to 

25 C.F.R. Section 522.2(h), will be taken by the Louisiana State Police 

Department. 

ii) The Coushatta Tribe of Louisiana through the Commission as set forth herein 

shall be solely responsible for conducting background investigations and 

determining the suitability of applicants as determined herein. The Commission 

shall conduct a sufficient investigation to make a determination under 

subsection f below. In conducting a background investigation, the Commission 

shall promise to keep confidential the identity of each person interviewed in the 

course of the investigation. 

f) Eligibility Determination. The Commission shall review a person's prior activities, 

criminal record, if any, and reputation, habits and associations to make a finding 

concerning the kligibility of akey employee or primary management official for 

granting of a gaming license. If the Commission determines that licensing of the 

person poses a threat to the public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming, the Commission shall not license that person 

in a key employee or primary management ofticial position, and a tribal gaming 

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

official position. 

g) Forwarding Applications of Key Employees and Primary Management Officials to 

National Indian Gaming Commission: 

When a key employee or primary management official begins work at a gaming 

operation authorized by this Ordinance, the Commission shall forward to the 

National Indian Gaming Commission a completed application for employment 

containing all required statements and the information listed in Section 19(e)(i), 

conduct a background investigation, and determine the eligibility of the key 

employee or primary management official for continued employment in a gaming 

operation. 

h) Report to the National Indian Gamiig Commission: 

i) Before issuing a license to a primary management official or to a key employee, 

the Commission shall forward to the National Indian Gaming Commission an 

., . -- .. . ... .. . . . investigati~_e~ep.o~.on~each.backgr.ound .. investigation. .An.hvestigative-~eport~-..-~~~ --. 

shall include all of the following: 
(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

When the Commission forwards its report to the NIGC it shaU include a copy of 

the eligibility determination made under subsection f of this section. 

ii) The Commission shall forward the completed investigative report to the 

National Indian Gaming Commission within 60 days afEer a key employee or 

primarily management oficial begins work or within 60 days of the approval of 

this Ordinance by the Chairman of the NIGC. 

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

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

iv) If a license is not issued to an applicant, the Commission: 

(1) Shall notify the NIGC; and 

(2) May fonvard copies of its eligibility determination and investigative 

reaort (if anvl to the National Indian Gaming Commission for inclusion 

iithe indi& baming Individuals Records ~istem. 

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

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

background investigationsfor inspection bythe Chairman of the~ationd Indian 

Gaming Commission or his or her designation for no less than three (3) years 

from the date of termination of employment. 

i) Granting a Gaming License 

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

receives a report, the National Indian Gaming Commission notifies the 

Commission that it has no obiection to the issuance of a license pursuant to a 

license application filed by akey employee or a primary management official 

for whom the Commission has provided an application and investigative report 

to the National Indian Gaming commission, the Commission may issue a 

license to such applicant. 

ii) The Commission shall respond to a request for additional information from the 

Chairman of the National Indian Gaminrr Commission concerning a kev " - 

emvlovee . - or a vrimarv management official who is the subiect of a revort. Such 

a request sha11 kspenb the 36-day period under . paragraph .................... ii)(i) of thi; section ........ 

.- - - ........ -. .- - ........-....-...- . ... .... ... 
until the Chairman of the National Indian Gaming Commission receives the 

additional information. 

iii) If, within the thirty (30) day period described above, the National Indian 

Gaming Commission provides the Commission with a statement itemizing 

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

management official for whom the Commission has provided an application and 

investigative report to the National Indian Gaming Commission, the 

Commission shall reconsider the application, taking into account the objections 

itemized by the National Indian Gaming Commission. The Commission shall 

make the final decision whether to issue a license to such applicant. 

j) License Suspension 

i) If, after the issuance of a gaming license, the Commission receives from the 

National Indian Gaming Commission reliable information indicating that a key 

employee or a primary management official is not eIigible for employment, or if 

the Commission deems such suspension to be in the public interest as defined 

under Section 7 of the Tribal-State Compact, the Commission shall suspend 

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

proposed revocation. 

ii) The Commission shall notify the licensee of a time and a place for a hearing on 

the proposed revocation of a liwnse. 

iii) After a revocation hearing, the Commission shall decide to revoke or to reinstate 

a gaming license. The Commission shall notify the National Indian Gaming 

Commission of its decision. 

20) Licenses for Persons and Entities Other than Kev Employees and Primary Management 

Officials. Any person or entity other than a Primary Management Official or Key 

Employee that is required to be licensed under the Tribal-State Compact shall apply for a 

Tribal license as follows. 

a) The applicant shall submit to the Commission an application for a Tribal Gaming 

License on forms prepared by the Commission and approved by the Tribal Council. 

b) The applicant shall attach a copy of all gaming license application forms submitted 

to the State of Louisiana, including all supporting documents and fingerprint cards. 

c) The Commission may require additional documentation and information, and may 

conduct background investigations, as it deems necessary, in regulations approved 

by'the Tribal Council. 

d) The Commission shall consider the suitability of each applicant and shall make a 

final determination on the application. 
e) License Suspension and Revocation 

i) The Commission may suspend, revoke or deny a license under this section for 

any reason it deems to be in the public interest ad defined in Section 7(C) of the 

Compact. 

ii) The Commission shall notify the licensee of a time and place for a hearing on 

the proposed revocation of a license. 

iii) After a revocation hearing, the Commission shall decide to revoke or reinstate a 

gaming license. 

21) License Locations. The Commission shall issue a separate license to each place, facility, 

or location on Indim lands where Class I1 or Class III gaming is conducted under this 

ordinance. 

22) Age Limit for Play. Any participant in any Class I1 or in any Class III authorized games 

of chance shall be twenty-one (21) or older at the time of his or her participation. 

23) Exemption from 15 U.S.C. Section 1171. Pursuant to Section 2 of an Act of Congress of 

the United States entitled "An Act to prohibit transportation of gambling devices in 

interstate and foreign commerce", approved January 2, 1951, designated 15 U.S.C. 

Sections 1171 to 1177, inclusive, and in effect January 1,1989, the Tribe, acting by and 

through its elected members, does hereby, and in accordance with and in compliance with 

the provisions of Section 2 of the Act of Congress, declare and proclaim that it is exempt 

fkom the provisions of Section 2 of that Act of Congress of the United States as above 

mentioned, as regards gaming devices operated and used within the Reservation. This 

exemption shall be effective upon the execution of a Tribal-State compact for gaming 

pursuant to the Indian Gaming Regulatory Act. 

24) Exemption from 15 U.S.C. Section 1171 to 1177. All shipments of gaming devices, 

including video gaming devices, onto the Coushatta reservation, the registering, 

recording and labeling of which has been duly had by the manufacturer of dealer thereof 

in accordance with Sections 3 and 4 of an Act of Congress of the United States entitled 

"An Act to prohibit transportation of gambling devices in interstate and foreign 

commerce," approved January 2,195 1, designated as 15 U.S.C. Sections 1171 to 1177, 

inclusive, and in effect on January 1,1989, shall be deemed legal shipments thereof, for 

use only within the Reservation. This exemption shall be effective upon the execution of 

a Tribal-State compact for gaming pursuant to the Indian Gaming Regulatory Act. 

25) Illegal Games and Activities. It is unlawful for any person playing or conducting any 

authorized game of chance, conducted by a licensee to: 

a) Use bogus or counterfeit chips, tokens, devices or coins; 

b) Employ or have on one's person any cheating device to facilitate cheating in any 

ame. of chance; . 
c) Use any ftaudulent scheme or technique; or 

d) Have located on the premises, equipment for gaming that is not licensed by the 

Commission under this Ordinance except equipment exempted by the Commission, 

this Ordinance or other statutes. 

26) Records of Commission. The Commission shall ensure that all records and information 

obtained as a result of an emvlovee - backaround investigation shall remain confidential 

and shall not be disclosed to persons whiare not directiy involved in the licensing and 

employment processes. Information obtained during the course of an employee 

background investigation shall be disclosed to members of management, human resource 

personnel or others employed by the tribal gaming operation on a need-to-know basis for 

actions taken in their official capacities. This section does not apply to requests for such 

information or records from any Tribal, Federal or State law enforcement or regulatory 

agency, or for the use of such information or records by the Commission and staff in the 

performance oftheir official duties. 

27) Communications between Commission and Council. Communications between the 

Commission and the Council relating to licensing, disciplining of licensees, or violations 

by licensees are privileged and confidential if made lawfully and in the course of and in 

Merance of the business of the Commission, except pursuant to court order after an incamera review. The Council, the Commission or any member of the Commission may 

claim this privilege. 

28) Inspectors. The Commission shall employ qualified inspectors under the authority of the 

Commission, in accordance with the Tribal-State Compact. These inspectors shall be 

independent of the Tribal gaming operation, and shall be supervised by and accountable 

only to the Commission and Tribal Council. Their uumose is to observe and reoort theR 

of Tribal assets relating to the gaming operation ani facility, and to report violations of 

the Tribal-State Compact or applicable laws and regulations. Inspectors shall also 

receive gaming-relagd patron-complaints and assist in seeking the voluntary resolution of 

such complaints. 

A Commission inspector shall be present in the gaming facility during all hours of 

gaming operation, and shall have immediate access to any and all areas of the gaming 

facility for the purpose of ensuring compliance with the provisions of the Tribal-State 

Compact and Coushatta Gaming Ordinance. Any violation(s) of the provisions of the 

Tribal-State Compact or this Ordinance by a management contractor, casino 

management, a gaming employee, or any person in the gaming facility, whether or not 

associated with the Tribal gaming operation, shall be reported immediately to the 

Commission, which shall further report them to the manager of gaming operations within 

a reasonable time and to the State of Louisiana within twenty-four hours. Violations of a 

serious nature shall be reported immediately to the manager of gaming operations and the 

State of Louisiana. 

29) Exclusion or Ejection of Certain Persons from Gamina Establishment. The Tribe hereby - .. -. declares--that-the-ex~1.usion-o~ejeoti ofcertain-persons.fiom-licensed-gaming-fact 
is necessary to carry out the policies of this Ordinance and to maintain effectively the 

strict regulation of licensed gaming. 

The Commission may provide for the establishment of a list of persons who are to be 

excluded or ejected from any licensed gaming facility, including any person whose 

presence in the facility is determined to pose a threat to the interest of the Tribe, the State 

or to licensed gaming, and the General Manager of the Casino may have persons added to 

the list at his or her request for the same reason($. In making the determination for 

exclusion, the Commission may consider any of the following: 

a) Prior conviction of a felony, a misdemeanor involving moral turpitude or a violation 

of the gaming laws of any state, the United States, any of its possessions or territories 

including Indian Tribes; 

b) A vioIation, attempt to violate or conspiracy to violate the provisions of this 

Ordinance relating to the failure to disclose an interest in a gaming establishment for 

which the person must obtain a license or make disclosures to the Commission; or 

intentional evasion of fees or taxes; and 

c) Notorious or unsavory reputation that would adversely affect public confidence and 

trust that the gaming industry is free from criminal or corruptive influences. 

The Commission may establish procedures for such excluded persons to have their 

names removed from the list of excIuded persons. 

30) Revisions. This ordinance may be revised by the Tribal Council. Any such revision will 

become effective upon approval by the National Indian Gaming Commission. 

3 1) Conflicts with Tribal-State Compact. The Tribe shall adopt regulations and take all 

actions necessary to ensure that the Class III gaming conducted on Indian lands complies 

in all respects with the Tribal-State Compact for the Conduct of Class I11 gaming between 

the Coushatta Tribe of Louisiana and the State of Louisiana. 

32) Patron Disputes. The Commission shall maintain reasonable procedures for the 

disposition of patron disputes arising from the refusal to award an alleged prize or pay an 

alleged win to a patron. 

33) ambg Equipment Delivvs, The Commission shall maintain reasonable procedures 

for the notification of shipment or receipt of gaming equipment. 

34) No State Authoritv over Class I1 Gaming. The Tribe shall have the sole and exclusive 

authority to regulate class 11 gaming facilities and operations. 

35) Gaming Emplovee Identification Cards. All gaming employees shall wear in plain view 

an identification card displaying the employee's name, photograph, unique identification 

number, a Tribal seal or signature, and an expiration date. 
36) Service of Process. The Coushatta Tribd Chairman shall be designated as agent for 

service of process, and as official recipient of a written communication reflecting the 

gaming activities of the Tribe at the following address: 

Office of the Coushatta Chairman 

1940 CC Be1 Road P.O. Box 818 

Elton, LA 70532 

37) Repeal. To the extent that they are inconsistent with this ordinance, all prior gaming 

ordinances are hereby repealed 

CERTIFICATE 

I HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Coushatta 

Gaming Ordinance as amended and adopted this a day of April, 2012.