Via U.S. Mail and Facsimile 

Leroy Spang, President 

Northern Cheyenne Tribe 

P.O. Box 128 

Lame Deer, MT 59043 

Fax: (406) 477-8324 

Yulberton Alec Sandcrane, Chairman 

Tribal Gaming Commission 

Northern Cheyenne Tribe 

P.O. Box 128 

Lame Deer, MT 59043 

Fax: (406) 477-8324 

RE: Tribal Gaming Ordinance No. DOI-028 

Dear President Spang and Mr. Sandcrane: 

This letter responds to your request on behalf of the Northern Cheyenne 

Tribe for the National Indian Gaming Commission Chairwoman to review and 

approve the Tribe's amendments to its gaming ordinance. 

The amendments, as adopted in Tribal Gaming Ordinance No. DOI-028, 

do the following: 

restrict the net revenues definition to gaming revenue and the 

interest earned thereon; 

delete a section requiring an annual budget for the casino; 

allow the casino to control its funds rather than submitting them to 

the tribal treasurer; 

require the tribal gaming commissioners to be licensed; and 

transfer ownership of the bank accounts from the Tribal Gaming 

Commission to Charging Horse Casino. 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC20005 Tel: 202.632.7003 Fax: 202.632.7066 W~W.NIGC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA: Phoenix. AZ; St. Paul. MN:Tulsa, 01( 
As a clarifying matter, NIGC does not have its own Federal Bureau of 

Investigation Department as referenced in § 605(17) of the ordinance. Rather, 

NIGC collects applicant fingerprints from tribal gaming commissions and sends 

them to the FBI for processing. 

Thank you for bringing these amendments to my attention and for 

providing me a copy of the updated ordinance. The 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 

Jennifer Ward at (202) 632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 
TRllBAL COUNCIL OF THE NORTHERN CNEYENNE 

NORTHERN CHEYENNE RESERVATION 

LAME DEER, MONTANA 

ORDINANCE NO. DOI-028 (2011) 

AN ORDINANCE OF THE NORTHERN CHEYENNE TRIBAL COUNCIL RESCINDING TRIBAL 

GAMING ORDINANCE NO. DOI-023 (2011) AND ADOPTING A REVISED TRIBAL GAMING 

ORDINANCE AUTHORIZING AND REGULATING CLASS I1 AND CLASS I11 GAMING ACTIVITIES 

WITHIN THE TRIBE'S JURISDICTION. 

, i." ll:>,, 

WHERJCAS, the Tribal Coun'cilqfthe Northern Cheyenne Tribe is the governing body of the Northern Cheyenne 

Tribe of the Northern Cheyenpe %. Reservation, Montana, pursuant to the Amended Constitution and ByLaws as approved by the Sec&tarj of e Interlor on May 3 1, 1996; and 4 '' & 

WHEREAS, the Northern Ch ended Constitution 

to regulate the procedures"of reservation and to 

delegate to subordinate boards 

right to review; and 

on its land is for 

WHEREAS, Class 

Ordinance No. 22(9 

an Gaming Commission; and 

WHEREAS, the members of 

reviewed the changes due to Gaming Ordinance at the 

ance, is satisfied with its 

TIEEREFORE, BE IT ORDA ern Cheyenne Tribal 

Council for submission for appr 

PASSED, ADOPTED, AND APPROVED by the Northern Cheyenne Tribal Council by 10 votes for passage 

and adoption, 0 votes against passage and adoption, and 0 abstentions this 15" day of August 201 1. - /7 

Leroy A. Spang, President 

Northern Cheyenne Tribe 

I\IOIED: 

Northern Cheyenne Tribe /yi.d-J* -- 

SUPERlNTENDENT 

SEP - 9 2011 
NORTHERN CHEYENNE TRIBE 

REVISED TRIBAL GAMING ORDINANCE 

FINAL 

2011 
TABLE OF CONTENTS 

SECTION 

CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE 

SECTION 101. Authority 

SECTION 102. Findings 

1. Self-determination 

2. Economic Pressures 

3. Gaming as an Economic Enterprise 

SECTION 103. Purpose 

CHAPTER 2: GENERAL PROVISIONS 

SECTION 201. Definitions 

1. Applicable Law 

2. Chairperson ; Vice-Chairperson 

3. Class I Gaming 

4. Class ll Gaming 

5. Class Ill Gaming 

6. Commissioner 

7. Compact 

8. Gaming Manager 

9. Gaming Operation 

10, IGRA 

11. Key Employee 

12. Management Contract; Management Contractor 

13. National Gaming Commission 

14. Net Revenues 

15. Ordinance 

16. Primary Management Official 

17. Reservation 

18. State 

19. Tribal Council 

20. Tribal Gaming Commission; Commission 

21. Tribe 

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING 

SECTION 301. Tribal Gaming Authorized 

SECTION 302. Tribe to Be Sole Gaming Proprietor 

SECTION 303. Separate License for Each Location 

SECTION 304. Negotiation of Compact Authorized 

SECTION 305. Compliance with Law; lncorporation of Compact 

1. Applicable Law 

2. Incorporation of Compact 

PAGE 
CHAPTER 4: TRIBAL GAMING COMMISSION 

SECTION 401. Tribal Commission Established 

SECTION 402. Structure of Tribal Commission 

1. Number and Appointment 

2. Qualifications 

3. Term --Current Commissioners 

4. Term - Future Commissioners 

5. Removal and Replacement 

6. Chairperson and Vice-Chairperson 

7. Registered Agent 

8. Gaming Manager 

SECTION 403. Powers and Duties of Tribal Commission 

1. Oversight 

2. Inspection 

3. Protection of Public Health, Safety, and the Environment 

4. Resolution of Complaints 

5. Investigations 

6. Background Investigations ; Gaming Licenses 

7. Coordination with Other Agencies 

8. Coordination with Private Entities 

9. Regulations 

10. Compact 

11. Establishment of List of Barred Persons 

12. Technical Standards 

13. Penalties 

14. Legal Remedies 

15. Emergency Action by Commissioners 

16. Gaming Development 

SECTION 404. Tribal Commission Operations 

1. Quorum and Voting 

2. Recusal 

3. Chairperson 

4. Vice-Chairperson 

5. Meetings; Removal for Non-Attendance 

6. Committees 

7. Commissioners' Fees and Expenses 

8. Deposit of Funds 

9. Checks, Etc. 

10. Contracts 

11. Insurance 

12. Fiscal Year 

13. Boolts and Records 

SECTION 405. Powers and Duties of Gaming Manager 

1. Day-to-Day Management 
2. Oversight 

3. Licensing 

4. Hire, Supervise and Fire 

5. Purchasing 

6. Planning 

7. Reporting 

8. Patron Disputes 

9. Hearings 

10. Emergency Orders 

CHAPTER 5: FINANCIAL MATTERS 

SECTION 501. Application of Net Revenues 

1. Youth, Elderly, Health and Education 

2. Capital Costs and Reserve Accounts 

3. No Per Capitas 

SECTION 502. Annual Budgets 

SECTION 503. Deposit of Receipts 

1. Daily 

2. Weekly 

SECTION 504. Quarterly Reports to Council 

SECTION 505. Audits 

CHAPTER 6: BACKGROUND INVESTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICIALSAND KEY EMPLOYEES 

SECTION 601. Required Background lnvestigations 

SECTION 602. Statement of Responsibilities 

SECTION 603. Notices on Application Forms 

SECTION 604. Notices to Existing Employees 

SECTION 605. Information from Applicants 

SECTION 606. Rules Regarding Background lnvestigations 

1. Confidentiality of Third Party Sources 

2. Retention of Records 

3. Content of Investigative Report 

SECTION 607. Eligibility Determinations 

SECTION 608. Reporting to the National Commission 

1. Notification Regarding Background lnvestigations and Eligibility 

Determinations 

2. Procedure Following Decision to Hire Key Employee or Primary 

Management Official 

CHAPTER 7: LICENSES 

SECTION 701. Licenses 

1. Licenses - Employees 

2. Licenses -Commissioners 

SECTION 702. Background lnvestigations 
SECTION 703. Licensing Decision 

SECTION 704. Work Permits 

SECTION 705. Licensing ofvendors, Etc 

CHAPTER 8: HEARINGS AND APPEALS 

SECTION 801. Licensing Decisions 

SECTION 802. Patron Disputes Regarding Particular Wagers 

SECTION 803. Appeal to Tribal Court 

SECTION 804. Confidential Information 

SECTION 805. Hearing Procedures 

CHAPTER 9: PROHIBITED ACTS AND PENALTIES 

SECTION 901. Prohibited Acts 

SECTION 902. Penalties 
CHAPTER 1: LEGISLATIVE FINDINGS AND PURPOSE 

SECTION 101. Authority. The Northern Cheyenne Tribe is a sovereign, federally-recognized 

lndian tribe. The Northern Cheyenne Tribal Council is authorized under Tribal law to 

promulgate Tribal ordinances. This Ordinance is enacted on the basis of the Tribe's inherent 

sovereign powers, and the lndian Gaming Regulatory Act, Pub. L. 100-497,25 U.S.C. 55 2701 

et suq. Upon approval of this Ordinance by the Chairman of the National lndian Gaming 

Commission, this Ordinance shall supersede and replace Tribal Ordinance No. 22 (96), which has 

served as the Tribe's Class II and Class Ill gaming ordinance since its enactment on August 19,1996, 

and subsequent approval by the Chairman of the National lndian Gaming Commission. 

SECTION 102. Findings. 

1. Self-determination. An explicit goal of federal lndian policy, as enunciated among 

other places in the lndian Gaming Regulatoy Act, is to promote tribal economic development, 

self-sufficiency, and strong tribal government The Tribe is deeply committed to these values. 

2. Economic Pressures. The Tribe needs additional revenues to assist it in meeting its 

governmental responsibilities. 

3. Gaming as an Economic Enterprise. Class Ii and Class Ill Gaming are appropriate 

subjects for a Tribal enterprise because: 

a. Congress has found that lndian tribes have the right to regulate Class II and 

Class Ill Gamingactivity on lndian lands if the gaming activity is not specifically prohibited by 

federal law and is conducted within a state which does not, as a matter of criminal law and 

policy, prohibit such activity. 25 U.S.C. 5 2701(5). 

b. Congress has provided a statutory basis for the operation of Class II and Class 

Ill Gaming by lndian tribes as a means of promoting tribal economic development, selfsufficiency, and strong tribal government. 25 U.S.C. § 2702(1). 

c. Montana law is not directly applicable on the Reservation, but federal law 

depends in part on certain policies underlying state gaming laws. Tribal gaming operations would 

not conflict with federal law. 

SECTION 103. Purpose. The purpose of this Ordinance is to provide for the sound regulation 

of all Class II and Class Ill Gaming activities within theTribels jurisdiction, to prevent improper 

or unlawful conduct in the course of such activities, and to promote Tribal economic 

development, self-sufficiency, and strong Tribal government. This Ordinance does not apply to 

Class I Gaming. 
CHAPTER 2: GENERAL PROVISIONS 

SECTION 201. Definitions. For purpose of this Ordinance: 

1. Applicable Law. "Applicable Law" means IGRA, the regulations promulgated by 

the National Gaming Commission, any other lawfully applicable federal law or regulation, this 

Ordinance, any regulations or orders of the Tribal Gaming Commission, any other lawfully 

applicable Tribal law, and the Compact. 

2. Chairperson; Vice-Chairperson. "Chairperson" means the Commissioner chairing 

the Tribal Gaming Commission, and "Vice-Chairperson" means the Commissioner serving as 

vice-chairperson of the Tribal Gaming Commission. 

3. Class I Gaming. "Class I Gaming" has the meaning set forth in IGRA at 25 U .S .C. 

§ 2703(6) and 25 CFR § 502.2. As currently defined, it means social games solely for prizes of 

minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or 

in connection with, Tribal ceremonies or celebrations. Such gaming is not regulated by this 

Ordinance. 

4. Class II Gaming. "Class II Gaming" has the meaning set forth in IGRA at 25 U.S.C. 

§ 2703(7) and 25 CFR § 502.3. in general, as currently defined it includes gamingsuch as 

bingo, pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo. 

It also includes certain card games (although not blacl~jack (21) or other "banlting" card games) 

to the extent such games are played in conformity with State law. 

5. Class Ill Gaming. "Class Ill Gaming" has the meaning set forth in IGRA at 25 

U.S.C. § 2703(8) and25 CFR 9 502.4. As currently defined, it includes all forms of gaming that 

are not Class I or Class II gaming. 

6. Commissioner. "Commissioner" means a member of the Tribal Gaming Commission. 

7. Compact. "Compact" means any Class Ill Gaming compact as described in IGRA 

at 25 U.S.C. § 2710(d) between the Tribe and the State, and any renewal, extension or 

amendment thereof, which is in force under IGRA, including (without limitation) the compact 

currently in force entitled AGREEMENT BETWEEN THE NORTHERN CHEYENNE TRIBE 

AND THE STATE OF MONTANA CONCERNING CLASS Ill GAMING, executed on 03-29-07 

and approved by the Assistant Secretary of the lnterior for Indian Affairs on 04-12-07, which has 

subsequently been renewed on three occasions and, absent further renewal, will expire on 06-03-17. 

If there is no Compact in force and the Secretan/ of the lnterior prescribes procedures under 

which Class Ill Gaming may be conducted on the Reservation as provided in IGRA at 25 U.S.C. 

5 2710(d)(7)(B)(vii) (or any amendment or successor thereof), all references to "Compact" in this 

Ordinance shall mean such Secretarial procedures. 

8. Gaming Manager. "Gaming Manager" means the day-to-day manager of all Class 

II and Class Ill Gaming Operations on the Reservation as provided in this Ordinance. 
9. Gaming Operation. "Gaming Operation" means each site, including all related 

improvements, facilities and equipment, that is licensed by the Tribe for the operation of Class 

II or Class Ill Gaming on the Reservation. Under this Ordinance a Gaming Operation must be 

wholly-owned by the Tribe and operated by the Tribe directly or by a Management Contractor 

retained by the Tribe. 

10. IGRA . "IGRA" means the Indian Gaming Regulatory Act, Pub. L. 100-497,2S 

U.S.C. 55 2701 et seq., including any amendments thereof. 

11. Key Employee. "lKey Employee" means: 

a. A person who performs one or more of the following functions in a Class 

II or Class Ill Gaming Operation on the Reservation: 

I. bingo caller; 

ii. counting room supervisor, 

iii. chief of security; 

iv. custodian of gaming supplies or cash; 

v. floor manager; 

vi. pit boss; 

vii. dealer; 

viii. croupier, 

ix. approver of credit; or 

x. custodian of gambling devices including persons with access to 

cash and accounting records within such devices; 

xi. any other person designated by theTribe as a key employee; 

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

with respect to the Gaming Operation is in excess of $30,000 per year; or 

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

Gaming Operation. 

12. Management Contract; Management Contractor. "Management Contract" means 

any contract, 'subcontract, or collateral agreement between the Tribe and a contractor or between 

a contractor and a subcontractor, which provides for the management of all or part of a Class iI 

or Class Ill Gaming Operation on the Reservation. "Management Contractor" means a contractor 
or subcontractor under a Management Contract. 

13. National Gaming Commission. "National Gaming Commission" means the National 

Indian Gaming Commission established by IGRA at 25 U .S.C. 5 2704. 

14. Net Revenues. "Net Revenues" means gross revenues of a Class I1 or Class Ill Gaming 

Operation, including gross revenues from gaming and interest and other earnings on such revenues, 

less: (a) amounts paid out as or for prizes; and (b) total gaming-related operating expenses, excluding 

management fees (if any). 

15. Ordinance. "Ordinance" means this Tribal Gaming Ordinance, including any 

amendments hereof. 

16. Primary Management Official. "Primary Management Official" means a person 

who performs one or more of the following functions in a Class II or Class Ill Gaming Operation 

on the Reservation: 

a. any person having management responsibility for a Management Contract; 

b. any person who has authority (i) to hire or fire gaming employees; or (ii) 

to set up working policy for the Gaming Operation; or 

c. the chief financial officer or other person who has financial management 

responsibility with respect to the Gaming Operation; or 

d. any other person designated by the Tribe as a primary management official; 

17. Reservation. "Reservation" means the Northern Cheyenne Indian Reservation, 

including any lands which may hereafter be added thereto, and any other lands on which the 

Tribe may lawfully regulate or conduct a Class II or Class Ill Gaming Operation under the Applicable Law. 

18. State. "State" means the State of Montana, and its authorized officials, agents, 

and representatives. 

19. Tribal Council. "Tribal Council" means the Northern Cheyenne Tribal Council. 

20. Tribal Gaming Commission; Commission. "Tribal Gaming Commission" and 

"Commission" each means the Northern Cheyenne Gaming Commission established by this 

Ordinance. 

21. Tribe. "Tribe" means the Northern Cheyenne Tribe, and its authorized officials, 

agents, and representatives. 

CHAPTER 3: AUTHORIZATION OF TRIBAL GAMING 

SECTION 301. Tribal Gaming Authorized. The Tribal Council hereby authorizes one or 
more Tribally-owned Gaming Operations on the Reservation to offer all forms of Class II and 

Class Ill Gaming which are lawful, or which may become lawful, under Applicable Law. 

SECTION 302. Tribe to Be Sole Gaming Proprietor. The Tribe, rather than individual Tribal 

members or others within the jurisdiction of the Tribe, shall have the sole proprietary interest in 

and responsibility for the conduct of any Class II or Class Ill Gaming Operation on the 

Reservation. This provision shall not preclude the Tribe from entering into a lawful Management 

Contract under 25 U.S.C. § 2711 in connection with such a Tribally-owned Gamingoperation. 

SECTION 303. Separate License for Each Location. The Tribal Gaming Commission shall 

issue a separate license to each Class II or Class Ill Gaming Operation allowed to operate on 

the Reservation. 

SECTION 304. Negotiation of Compact Authorized. The Tribal Gaming Commission is 

authorized to negotiate with the State for the renewal, extension, amendment, replacement, or 

establishment of any Compact with the State, provided that any Compact, or renewal, extension 

or amendment thereof, must be specifically approved by the Tribal Council. 

SECTION 305. Compliance with Law; lncorporation of Compact. 

1. Applicable Law. All Class II and Class IiI Gaming Operations on the Reservation 

shall be conducted in accordance with all Applicable Law. This Ordinance (which is part of 

Applicable Law) shall be construed in a manner which conforms to all other Applicable Law, 

2. Incorporation of Compact. The terms of the Compact are hereby incorporated into 

this Ordinance. In the event of any inconsistency between any provisions of the Compact and 

this Ordinance, the Compact shall govern. 

CHAPTER 4: TRIBAL GAMING COMMISSION 

SECTION 401. Tribal Commission Established. The Tribal Council hereby establishes a 

Tribal governmental agency to be known as the Northern Cheyenne Gaming Commission, which 

shall be responsible forthe successful, safe; lawful, and honest operation of Class II and Class 

Ill Gaming Operations on the Reservation. The Tribal Commissioners are not allowed to gamble 

at the Charging Horse Casino. 

SECTION 402. Structure of Tribal Commission. 

1. Number and Appointment. The Tribal Gaming Commission shall consist of five Commissioners. 

Each Commissioner shall be appointed by the Tribal President with concurrence of the Tribal Council and 

submit to a background investigation and meet standards as stringent as the standards established for key 

employees and primary management officials. The Tribal President and Tribal Vice-President shall be ex 

officio, non-voting members of the Tribal Gaming Commission. 
2. Qualifications. Each Commissioner shall be a member of the Northern Cheyenne 

Tribe and a permanent resident of the Northern Cheyenne Indian Reservation. Commissioners 

shall be appointed from each of the five reservation districts, and two commissioners may be 

Tribal Council members. The Tribal President shall balance his appointments so Council members 

on the Commission serve staggered terms. Each Commissioner shall be a person of great integrity, 

deeply committed to the best interest of the Tribe, and capable through background, experience 

and/or education to competently perform the duties of office. Hereafter, before appointing a 

person as Commissioner under subsection 4 or 5 below, to assure that the person is qualified, 

the Tribal Council shall inquire into the person's background, experience, education, criminal record 

(if any), reputation, habits and associations, by such means as the whole Council considers warranted 

and appropriate. 

3. Term -- Current Commissioners. The current Commissioners shall serve until the 

regular Tribal election of 2012 and until their successors are appointed. 

4. Term -Future Commissioners. Ail Commissioners shall serve for four-year, 

staggered terms, and until their successors are appointed. Each Commissioner shall sit until their 

term of office has expired or they are otherwise removed. Upon expiration of his or her term of 

office or appointment, another member of the Tribal Council/lay person may be appointed. The 

same Council member or lay person may be re-appointed. After the regular Tribal election 

of 2012 and the regular election every four years thereafter, three Commissioner seats shall 

be declared open and appointments made to those seats. Two Commissioner seats shall be declared 

open and appointments made after the Tribe's 2014 election and every four years thereafter. 

5. Removal and Replacement. A Commissioner may be suspended or removed at any 

time, without a hearing, by concurrence of the Tribal President and the Tribal Council for any 

reason they deem sufficient in their discretion. If a seat on the Commission becomes vacant due 

to removal, resignation, death, or any other reason, a replacement shall be appointed for the 

remainder of the replaced person's term. 

6. Chairperson and Vice-Chairperson. From among the Commissioners, the Tribal 

Gaming Commission shall designate a Chairperson and Vice-Chairperson of the Commission. 

The Chairperson and Vice-Chairperson shall serve at the pleasure of the Commission. 

7. Registered Agent. The Chairperson of the Tribal Gaming Commission shall be the 

agent for service of process pursuant to 25 CFR 5 522.2(g). 

8. Gaming Manager. The Tribal Gaming Commission shall appoint a Gaming 

Manager, who shall report to the Commission and theTribal Council, and shall have the powers 

and duties described in section 405 and elsewhere in this Ordinance. The Gaming Manager shall 

be a salaried employee whose salary shall not be based on a percentage of gaming revenues. The 
Gaming Manager may be terminated at any time for cause by the Tribal Gaming Commission 

subject to and in accordance with all applicable provisions of the Northern Cheyenne Tribal 

Gaming Policies. 

SECTION 403. Powers and Duties of Tribal Commission. The Tribal Gaming Commission 

shall have the following powers and duties: 

1. Oversight. The Tribal Gaming Commission shall have primary responsibility for 

oversight of Class II and Class Ill Gaming Operations on the Reservation. The Commission 

shall supervise the Gaming Manager and any Management Contractor, and shall report to the 

Tribal Council. 

2. Inspection. TheTribal Gaming Commission may employ inspectors (all of whom 

shall be licensed as gaming employees under this Ordinance) who may be present at any Class 

II or Class Ill Gaming Operation on the Reservation during any hours of operation, and who shall 

be under the supervision of the Commission and (as determined by the Commission) the 

Gaming Manager, and shall not be under the supervision of any Management Contractor. Such 

inspectors shall have unfettered access to all areas and aspects of the Gaming Operation at all 

times, including locked or secured areas. Personnel employed by the Gaming Operation or a 

Management Contractor shall provide such inspectors immediate access to all such areas on 

request at any time. Such inspectors shall report to the Tribal Gaming Commission regarding any 

failure by the Gaming Operation to comply with any Applicable Law. 

3. Protection of Public Health, Safety, and the Environment. The Tribal Gaming 

Commission shall assure that the construction, maintenance, and operation of any Class ll or 

Class Ill Gaming Operation on the Reservation shall at all times be conducted and maintained 

in a manner which adequately protects public health, safety, and the environment, and complies 

with all Applicable Law. In particular, the Commission shall prepare a plan for the protection 

of public safety and the physical security of patrons in each Gaming Operation, setting forth the 

respective responsibilities of the Commission, the security department of the Gaming Operation, 

any Tribal police agency, and if appropriate, any federal, state, or local police agency. The 

Tribal Gaming Commission shall review and approve floor plans and surveillance systems for 

each Gaming Operation on the Reservation and may confer with other governmental or private 

parties regarding the adequacy of such plans and systems. The Commission shall enforce the 

health and safety standards applicable to the Gaming Operation in accordance with this 

Ordinance. A Gaming Operation must obtain a certificate of compliance, which shall be issued 

by the Tribal Gaming Commission upon a determination that the Gaming Operation complies 

with such standards. 

4. Resolution of Complaints. All written complaints from any person regarding any 

aspect of a Class Ii or Class Ill Gaming Operation on the Reservation shall be reviewed by the 

Tribal Gaming Commission and the complaint file shall be retained for at least 5 years. The 
Tribal Gaming Commission, including on-site inspectors, may assist in seeking agreed resolution 

of any complaint. The Commission may receive any complaint from an employee of the 

Gaming Operation or any member of the public who claims to be adversely affected by an act 

or omission of the Gaming Operation or any person associated with it which is alleged to be 

unlawful, negligent or otherwise improper and may require such remedial action as it deems 

appropriate to bring the Gaming Operation into compliance. The Tribal Gaming Commission 

may for this purpose, in its sole discretion, conduct a hearing and receive evidence with regard 

to such complaint if it deems an evidentiary proceeding useful to resolve such complaint, 

provided that the Commission shall hold hearings on licensing disputes and patron disputes 

regarding particular wagers as provided in sections 801 and 802. 

5. investigations. The Tribal Gaming Commission may on its own initiative investigate 

any aspect of a Class II or Class Ill Gaming Operation on the Reservation to protect the public 

interest in the integrity of such gaming activities and to prevent or remedy improper or unlawful 

conduct in the course of such gaming activities. The Commission shall investigate any report 

of a failure of the Gaming Operation to comply with Applicable Law, and may require the 

Gaming Operation to take any corrective action the Commission may determine appropriate. 

The Tribal Gaming Commission may compel any licensee or person employed by or doing 

business with the Gaming Operation to appear before it and to provide such information, 

documents, or other materials as may be in their possession or control to assist in any such 

investigation. 

6. Background Investigations; Gaming Licenses. The Tribal Gaming Commission 

shall conduct, or have conducted, any background investigations required or permitted under 

Applicable Law, and shall issue, suspend, and revoke all licenses pertaining to Class Ii or Class 

Ill Gaming on the Reservation. 

7. Coordination with Other Agencies. The Tribal Gaming Commission shall coordinate 

its activities and cooperate with other relevant agencies, including the National Gaming 

Commission and other federal agencies, and any agencies of the State with which the Tribe 

cooperates pursuant to the Compact. The Tribal Gaming Commission may provide any 

information to such agencies which must or may be provided under Applicable Law. 

8. Coordination with Private Entities. The Tribal Gaming Commission shall supervise, 

oversee and, to the extent appropriate, coordinate its activities with, any Management 

Contractor, and any other contractors, vendors, suppliers, or other private entities with any 

involvement in any aspect of a Class II or Class Ill Gaming Operation on the Reservation. 

9. Regulations. The Tribal Gaming Commission may promulgate, review, and revise as 

necessary, regulations, rules, and procedures to govern and facilitate the operation and 

management of Class II or Class Ill Gaming Operations on the Reservation in accordance with 

Applicable Law. Such regulations, rules, and procedures shall be subject to rescission or 

amendment by the Tribal Council. 
10. Compact. The Tribal Gaming Commission shall take all actions necessary to assure 

that Class Ill Gaming on the Reservation is conducted in compliance with the Compact and that 

the responsibilities and duties of the Tribe and Tribal Gaming Commission set Forth in the 

Compact are met. 

11. Establishment of List of Barred Persons. The Tribal Gaming Commission may 

bar any person from working or gaming in a Class II or Class Ill Gaming Operation on the 

Reservation if in the view of the Commission such person's history, associations, reputation, 

habits, or behavior poses a threat to the integrity of such gaming activities, or to the safe and 

lawful operation of those activities. This list may be shared with other public or private agencies 

under subsections 7 and 8 above. 

12. Technical Standards. Consistent with Applicable Law, the Tribal Gaming 

Commission may promulgate, review, and revise as necessary technical standards and rules for 

each Class II and Class Ill game of chance operated on the Reservation. 

13. Penalties. The Tribal Gaming Commission may impose penalties for violations of 

this Ordinance or the Compact in accordance with chapter 9 of this Ordinance. 

14. Legal Remedies. The Tribal Gaming Commission may in its own name bring any 

civil action or criminal complaint in the courts of the Tribe, a state, or the United States to 

enforce the provisions of Applicable Law or to enjoin or otherwise prevent any violation of 

Applicable Law however, the Tribe, the Tribal Gaming Commission, and any of their respective 

officials, agents, and representatives acting within their authority shall retain sovereign immunity 

from suit in any court or tribunal, including immunity from counterciaims, except as expressly 

provided otherwise in this Ordinance. 

15. Emergency Action by Commissioners. If emergency action is required to protect 

the public interest in the integrity of Class II or Class Ill Gaming Operations on the Reservation, 

or preserve the safe and lawful conduct of such operations, and there is insufficient time to 

convene a meeting of the Tribal Gaming Commission, the Chairperson, or two Commissioners 

acting in the absence of the Chairperson, may issue in the name of the Commission any order 

which the Commission has the power to issue to any gaming employee, Management Contractor, 

gaming patron, or other person within the jurisdiction of the Tribe, to take or refrain from any 

action as may be required to protect such public interest or preserve such safe and lawful operations. 

The Tribal Gaming Commission shall review such emergency order at its earliest opportunity and 

confirm, modify or vacate it. An unreviewed emergency order shall lapse within10 days, or a lesser 

period as specified in the order, and must so state. 

16. Gaming Development. The Tribal Gaming Commission shall have primary 

responsibility for procuring and developing proposals and plans for the expansion of existing 

Gaming Operations and the establishment of new Gaming Operations on the Reservation, 

provided that no such plan or proposal may be committed to or implemented without the prior 
approval of the Tribal Council on such terms and conditions as the Council may stipulate. Upon 

approval of such plan or proposal, the Tribal Gaming Commission shall oversee and report to the 

Council on its execution. 

SECTION 404. Tribal Commission Operations. 

1. Quorum and Voting. Three Commissioners shall constitute a quorum. The 

Chairperson may vote and shall preside over all meetings. Action by the Tribal Gaming 

Commission shall be by affirmative vote of a majority of the Commissioners present. 

2. Recusal. No Commissioner shall participate in any decision directly involving the 

gaming license, employment, or direct monetary interest of his or her spouse, child, parent, or 

sibling, by blood or adoption. In other cases, a Commissioner may voluntarily recuse 

himselffherself and decline to participate in any Tribal Gaming Commission action or decision 

when the member believes hefshe could not act fairly or without bias, or that there would be an 

appearance that hefshe could not so act. 

3. Chairperson. Subject to the supervisory authority and direction of the Tribal Gaming 

Commission and the Council, the Chairperson shall serve as the principal spoltesperson for the 

Commission and shall chair Commission meetings. The Chairperson shall have such other 

powers and duties as may be set forth in this Ordinance or other Applicable Law, or assigned by 

the Tribal Gaming Commission or the Tribal Council. 

4. Vice-Chairperson. If the Chairperson is unavailable because of recusal or any other 

reason, the Vice-Chairperson shall serve as acting Chairperson. 

5. Meetings; Removal for Non-Attendance. 

a. Regular meetings of theTribal Gaming Commission may be held at such times 

and places as the Commission determines. Unless otherwise specified by the Commission, no 

notice of such regular meetings shall be necessary. Special meetings may be called by the 

Chairperson, two Commissioners, or the Gaming Manager. Reasonable notice of the time and 

place of a special meeting shall be given. Neither the business to be transacted at, nor the 

purpose of any regular or special meeting, need be specified in any notice of the meeting. 

Minutes of every meeting shall be taken by a person designated by the Chairperson and shall be 

preserved with the permanent records of the Tribal Gaming Commission. 

b. Any Commissioner who fails to attend or otherwise participate in three (3) consecutive 

regular meetings of the Commission shall be deemed removed as a Commissioner, unless the Commission 

determines, by affirmative vote of at least three other Commissioners, that one or more of such 

failures to attend should be excused. 

c. Any action required or permitted to be taken at a meeting of the Tribal Gaming 

Commission may be taken without a meeting if all Commissioners sign a written consent to the 

action. Such consents shall be preserved with the minutes of the Commission. 
d. Commissioners may participate in a Tribal Gaming Commission meeting by 

conference telephone or similar communications equipment by which all persons participating in 

the meeting can hear each other. 

e. Any member of the Tribe may attend any meeting of the Tribal Gaming 

Commission, subject to the right of the Commission to go into executive session when considered 

warranted by the Commission. 

6. Committees. The Tribal Gaming Commission may from time to time establish 

committees of Commissioriers having such responsibilities as the Commission may determine, 

provided that the Commission shall not delegate its powers or duties to any committee, 

Commissioner, employee or agent. 

7. Commissioners' Fees and Expenses. At rates set by the Tribal Gaming Commission 

in line with generally prevailing rates for service on Tribal commissions or boards, a fee shall 

be paid and out-of-pocltet expenses shall be reimbursed to the Commissioners for in-person 

participation at Commission meetings or other functions or activities of or on behalf of the 

Commission (including travel time on the same day to off-Reservation sites). Such fees and 

expenses shall not be paid, however, to any Commissioner who is receiving compensation for the 

time spent or expense reimbursement as a member of the Tribal Council or as an employee of 

or contractor to the Tribal Gaming Commission or the Tribe. 

8. Deposit of Funds. All funds of the Tribal Gaming Commission not otherwise invested 

or employed shall be deposited in interest-bearing bank or investment accounts. Each account 

shall be in the name of the Charging Horse Casino. 

9. Checks, Etc. Ail checlts, drafts, other orders for payment of money, notes or other 

evidences or indebtedness, and securities or other valuable instruments, issued in the name of or 

payable to the Charging Horse Casino, shall be signed or endorsed on behalf of the 

Commission by the Chairperson or Gaming Manager, provided the Commission may adopt more 

stringent signing or endorsement procedures. 

10. Contracts. When authorized by the Tribal Gaming Commission, the Chairperson or 

Gaming Manager may, in the name and on behalf of the Commission, enter into contracts or 

execute and deliver other legal instruments. Such authorization may be general or confined to 

s~ecific transactions. 

11. Insurance. The Tribal Gaming Commission shall procure and maintain fire, theft 

and casualty insurance on valuable Tribal property involved in Class II or Class Ill Gaming 

Operations on the Reservation, general liability insurance, and other appropriate insurance, in such 

amounts and with such deductibies as the Commission determines prudent in light of the costs 

thereof and funds available to pay such costs. 

12. Fiscal Year. The fiscal year of the Tribal Gaming Commission shall be the same as 

the fiscal year of the Tribe. 

-11- 
13. Books and Records. The Tribal Gaming Commission shall assure that all financial 

books and records, minutes, and other material boolts, records, documents, correspondence and 

contracts of the Commission, are competently and securely maintained at the headquarters of the 

Commission. All such materials shall be made available at any reasonable time for inspection 

and copying by any Commissioner, and any duly authorized representative of the Tribal President 

or Tribal Council. Upon terminating office or employment, a Commissioner, Gaming Manager, 

and employee and agent of the Tribal Gaming Commission shall turn over to his/her successor 

or the Chairperson or Gaming Manager, in good order, all monies, boolts, records, minutes, 

documents, contracts, or other property of the Commission in his/her custody or control. 

SECTION 405. Powers and Duties of Gaming Manager. Subject to the supervisory authority 

and direction of theTribal Commission and its Chairperson, the Gaming Manager shall have the 

following powers and duties with respect to Class II and Class Ill Gaming Operations on the 

Reservation, in addition to such other powers and duties as may be set forth in this Ordinance 

or other Applicable Law, or assigned by the Tribal Gaming Commission or the Tribal Council: 

1. Day-to-Day Management. The Gaming Manager shall manage the day-to-day 

activities of the Gaming Operations, in a manner which assures that all aspects of such operations 

comply with Applicable Law, including any necessary or appropriate coordination with the State, 

the National Gaming Commission, or other government agencies. 

2. Oversight. The Gaming Manager shall oversee the proper generation of revenues, 

making of expenditures, and keeping of books and records of the Gaming Operations. 

3. Licensing. The Gaming Manager shall conduct or arrange for background 

investigations, and make recommendations to the Tribal Gaming Commission regarding its grant 

or denial of any license. 

4. Hire, Supenrise and Fire. The Gaming Manager shall hire, supervise, train, and 

discharge employees, at pay scales and other forms of compensation or benefits approved by the 

Tribal Gaming Commission, provided that Primary Management Officials may be hired and 

discharged only with the prior approval of the Commission. 

5. Purchasing. The Gaming Manager shall purchase and sell personal property used or 

to be used in the Gaming Operations, within specified limits approved by the Tribal Gaming 

Commission. 

6. Planning. The Gaming Manager shall assist with planning, budgeting, expansion, and 

development of the Gaming Operations. 

7. Reporting. The Gaming Manager shall report frequently .to the Chairperson and 

regularly to the Tribal Commission with respect to all material aspects of the Gaming Operations; 

and, as directed or otherwise required, report to the Council regarding the Gaming Operations. 
8. Patron Disputes. The Gaming Manager shall attempt to resolve gaming patron 

disputes, and shall remove or arrange for the removal of disruptive or disorderly persons from 

Gaming Operation premises. 

9. Hearings. If delegated the authority to do so by the Tribal Gaming Commission, the 

General Manager shall conduct hearings, investigations, or inquiries. In connection therewith, 

the Gaming Manager shall have authority to compel the production of any information or 

documents and otherwise exercise the investigatory powers of the Commission. 

10. Emergency Orders. If emergency action is required to protect the public interest 

in the integrity of the Gaming Operations, or preserve the safe and lawful conduct of such 

operations, and there is insufficient time under section 403.15 to convene a meeting of the Tribal 

Gaming Commission, locate the Chairperson, or locate two Commissioners, the Gaming Manager 

may issue in the name of the Commission any order which the Commission has the power to 

issue to any gaming employee, Management Contractor, gaming patron, or other person within 

the jurisdiction of the Tribe, to take or refrain from any action as may be required to protect such 

public interest or preserve such safe and lawful operations. The Tribal Gaming Commission shall 

review such emergency order at its earliest opportunity and confirm, modify or vacate it. An 

unreviewed emergency order shall lapse within 10 days, or a lesser period as specified in the 

order, and must so state. 

CHAPTER 5: FINANCIAL MATTERS 

SECTION 501. Application of Net Revenues. Net revenues from all Class II and Class Ill 

Gaming Operations on the Reservation shall be applied as follows: 

1. Youth, Elderly, Health and Education. 50% of the Net Revenues for each fiscal year 

shall be used to fund Tribal youth, elderly, health, and education programs . At any time during 

the fiscal year, the Tribal Council may direct that 50% of accrued and unallocated Net Revenues 

be made available for use in such programs. Promptly after the close of each fiscal year, the 

Tribal Gaming Commission shall assure that 50% of the total Net Revenues for the fiscal year 

have been made available for use in such programs. All such allocations made during or after 

the close of the fiscal year shall be accompanied by a report to the Tribal Council describing how 

the sum was calculated and containing sufficient information to enableverification of the 

calculation. The Tribal Council shall allocate this entire annual sum among the four programs, 

in such relative proportions as the Tribal Council considers appropriate. 

2. Capital Costs and Reserve Accounts. The remaining 50% of the Net Revenues for 

each fiscal year shall be allocated by the Tribal Gaming Commission among the following uses, 

in such relative proportions as the Commission considers appropriate: 
a. Pay as they become due costs ("Capital Costs") for the following: 

- acquisition by purchase, lease or other means of machines, devices, 

equipment, fixtures, sites, buildings, and other facilities for use in 

the Gaming Operations 

- upgrading, expansion or repair of such items 

- planning and implementing expansion of existing or development 

of new Gaming Operations provided such expansion or 

development has been approved by the Tribal Council as required 

by section 403 .I6 

b. Fund a Capital Costs Reserve Account as a reserve for the payment of future 

Capital Costs. 

c. Fund an Operating Costs Reserve Account as a reserve for the payment of 

future operating costs of the Gaming Operations ("Operating Costs"). 

3. No Per Capitas. Under no circumstances shall any Net Revenues from Class II or 

Class Ill Gaming Operations on the Reservation be used to fund per capita payments. 

SECTION 502. Deposit of Receipts. The Tribal Gaming Commission and Gaming Manager 

shall assure that: 

1. Daily. All revenues from Class II and Class Ill Gaming Operations on the Reservation 

are deposited on a daily basis in interest-bearing bank or investment accounts in the name of the 

Charging Horse Casino. 

SECTION 503. Quarterly Reports to Council. Promptly after the end of each quarter of the 

fiscal year, the Chairperson, Gaming Manager, and Tribal Treasurer shall jointly prepare a written 

report on Class II and Class Ill Gaming Operations and present it to the Tribal Council and the 

Tribal President. Without limitation, each report shall provide the following information for 

the quarter and fiscal year to-date in reasonable detail and with accompanying explanations: 

- Net Revenues 

Operating Costs 

Capital Costs 

- sums deposited in and current balance of Operating Costs Reserve Account 
- sums deposited in and current balance of Capital Costs Reserve Account 

- any other information necessary to adequately describe the performance of 

the Gaming Operations during the reporting period 

SECTION 504. Audits. Separate and apart from any audit of other Tribal operations, all Class 

Ii and Class Ill Gaming Operations on the Reservation shall be audited annually by an 

independent certified public accountant as required under 25 CFR 5 522.4(b)(3). Copies of the 

annual audit shall be provided to the Tribal Council, the Tribal President, and each 

Commissioner. All gaming-related contracts that result in purchase of supplies, services, or 

concessions for$25,000 or more in any year shall be specifically included within the scope of 

such audit. The audit shall include (without limitation) a profit and loss statement and an 

inventory of all machines, devices, equipment, and fixtures involved in the Gaming Operations. 

The audit shall be completed by December 30th of each year. TheTribal Gaming Commission or 

Tribal Council may call for special audits at any time. The Tribe shall submit to the National Indian 

Gaming Commission a copy of the audit and management letter setting forth the results of each annual 

audit within 120 days after the end of each fiscal of the gaming operation. 

CHAPTER 6: BACKGROUND INVESTIGATIONS 

PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES. 

SECTION 601. Required Background Investigations. All Primary Management Officials and 

Key Employees of any Class II or Class Ill Gaming Operation on the Reservation, including the 

Gaming Manager, shall be subject to background investigations as required by Applicable Law. 

A background investigation shall be conducted at the ou.tset of employment, and shall be ongoing. 

The Tribal Gaming Commission may, pursuant to Compact or other agreement, accord 

responsibility to the State or some other entity with respect to background investigations. 

Otherwise, the Tribal Gaming Commission shall be directly responsible for such investigations. 

SECTION 602. Statement of Responsibilities. The Tribe shall bear ultimate responsibility for 

background investigations, and shall make eligibility determinations under section 607. Once 

a Gaming Manager has been fully investigated and appointed, the Tribal Commission may 

delegate to the Gaming Manager the duty of conducting or causing to be conducted background 

investigations regarding other !Key Employees and Primary Management Officials, subject to the 

review and approval of the Tribal Commission. 

SECTION 603. Notices on Application Forms. Any application form for a Key Employee or Primary 

Management Official shall include the following privacy notice and a notice regarding penalties for 

false statements: 
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. 5 2701, et 

seq. The purpose of requested information is to determine the eligibility of individuals 

to be granted a gaming license. The information will be used by the Tribal gaming 

regulatory authorities and by the National Indian Gaming Commission members and staff 

who have need for the information in the performance of their official duties. The 

information may be disclosed to appropriate Federal, Tribal, State, local, or foreign law 

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

investigations or prosecutions or when pursuant to a requirement by the Northern 

Cheyenne Tribe 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 the Northern Cheyenne Tribe or a Gaming Operation. Failure to consent 

to the disclosures indicated in this notice will result in the Northern Cheyenne Tribe's 

being unable to license you as a Primary Management Official or Key Employee in gaming 

on the Northern Cheyenne Reservation. The disclosure of your social security number is 

voluntary. However, failure to supply your social security number may result in errors in 

processing your application. 

A false statement on any part of your application may be grounds for denying a license 

or the suspension or revocation of a license. Also you may be punished by fine 

or imprisonment for your false statement under 18 U.S.C. 5 1001. 

SECTION 604. Notices to Existing Employees. The Tribal Gaming Commission shall give 

written notice to existing Key Employees and Primary Management Officials that they shall 

either: 

- complete a new application form that contains the Privacy Act and false 

statement notices set forth in section 603; or 

- sign a statement that contains the Privacy Act notice, a consent to the 

routine uses described in that notice, and the false statement notice. 

SECTION 605. Information from Applicants. The Tribal Gaming Commission shall request 

from each Primary Management Official and Key Employee at least the following information: 

1. Full name, other names used (oral or written), social security number@), birth date, 

place of birth, citizenship, gender, all languages (spoiten or written). 

2. Currently and for the previous 5 years: all business and employment positions held, 

ownership interests in those businesses, business and residence addresses, and drivers 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 subsection 2 above. 

4. Current business and residence telephone numbers. 

5. A description of any existing and previous business relationship with Indian tribes, 

including ownership interests in those businesses. 

6. A description of any existing and previous business relationships within the gaming 

industry, including ownership interests in those businesses. 

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

has filed an application for a license or permit related to gaming, whether or not such license or 

permit was granted. 

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 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 traffic charges) whether or not there is 

a conviction, if such criminal charge is within 10 years of the date of the application and is not 

otherwise listed pursuant to subsection 8 or 9 above, the criminal charge, the name and address 

of the court involved and the date and disposition. 

11. The name and address of any licensing or regulatory agency with which the person 

has filed an appiication for an occupational license or permit, whether or not such license or 

permit was granted. 

12. A photograph. 

13. Any other information the Tribal Gaming Commission or Tribal Council deems 

relevant. 

14. Fingerprints certified as adequate by a professional law enforcement agency. The 

Tribal Gaming Commission shall arrange for the obtaining and processing of fingerprints through 

the NlGC - Federal Bureau of Investigation Department. 
SECTION 606. Rules Regarding Background Investigations. 

1. Confidentiality of Third Party Sources. The Tribe, the Tribal Gaming Commission, 

and all affiliated agents and employees shall keep confidential the identity of each person 

interviewed in the course of a background investigation. 

2. Retention of Records. The Tribal Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for at least 3 years from the later 

of the date made or date of termination of employment. Such records shall be made available 

on request of the Tribal Council or the National Gaming Commission. 

3. Content of Investigative Report. Background investigations must be of sufficient 

quality to enable the Tribal Gaming Commission to make a determination under section 607. All 

relevant information submitted by the applicant should be verified by written or oral 

communication and noted in the report. The investigation must include a thorough inquiry into 

the applicant's prior activities, criminal record, if any, and reputation, habits and associations. 

It must also include interviews with a sufficient number of knowledgeable people such as former 

employers, personal references, and others referred to in order to provide a basis for the Tribal 

Gaming Commission to make a finding concerning the eligibility for employment in a Gaming 

Operation on the Reservation. The disposition of all potential problem areas noted and 

disqualifying information obtained must be thoroughly documented. An investigative report shall 

include : 

a. a statement of all steps taken in conducting the background investigation; 

b. a statement of the results obtained; 

c. a statement of the conclusions reached by the investigator; and 

d. the bases for those conclusions. 

SECTION 607. Eligibility Determinations. 

1. The Tribal Gaming Commission shall carefully review a person's prior activities, 

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

person's eligibility for a position as a Key Employee or Primary Management Official in Class 

II or Class Ill Gaming Operations on the Reservation. If the Tribal Gaming Commission in the 

course of this review determines that such involvement may pose a threat to the public interest 

or to the effective regulation of such gaming, or might create or enhance the dangers of 

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

no Class II or Class Ill Gaming Operation on the Reservation may employ that person as a Key 

Employee or Primary Management Official. 
2. No Class II or Class III Gaming Operation on the Reservation may employ as a Key 

Employee or Primaty Management Official a person who has supplied materially false or 

misleading information or who has omitted material information required by Applicable Law. 

SECTION 608. Reporting to the National Commission. 

2. Notification Regarding Background Investigations and Eligibility Determinations. 

The Tribal Gaming Commission shall forward to the National Gaming Commission the following 

with respect to all persons investigated as candidates for Key Employee or Primary Management 

Official: 

a. all application information described in section 605; 

b. the investigative report described in section 606.3; 

c. the Tribal Gaming Commission's eligibility determination described in section 

607; and 

d. a notification of the Tribal Gaming Commission's hiring decision. 

2. Procedure Following Decision to Hire Key Employee or Primary Management 

Official. 

a. When a Key Employee or Primary Management Official begins work in 

a Class II or Class Ill Gaming Operation on the Reservation, the Tribal Gaming Commission 

shall: 

(1) forward to the National Gaming Commission a completed 

application for employment that contains the notices and information listed in 25 CFR §§ 556.2 

(privacy notice), 556.3 (notice regarding false statements), and 556.4 (background investigations); 

and 

(2) conduct a background investigation under 25 CFR part 556 and 

sections 601 - 607 of this Ordinance to determine the eligibility of the Key Employee or Primary 

Management Official for continued employment in a Gaming Operation. 

b. Upon completion of a background investigation and a determination of 

eligibility for employment in a Class II or Class Ill Gaming Operation on the Reservation, the 

Tribal Gaming Commission shall forward a report under 25 CFR 5 556.5(b) and section 606.3 

of this Ordinance to the National Gaming Commission within 60 days after the person begins 

work or within 60 days of the approval of this Ordinance by the Chairman of the National 

Gaming Commission. A Gaming Operation regulated under this Ordinance shall not employ a 

Key Employee or Primary Management Official who does not have a license after 90 days. 
c. During a 30-day period beginning when the National Gaming Commission 

receives a report submitted under subsection 608.2.b, the Chairman of the National Gaming 

Commission may request additional information from the Tribal Gaming Commission concerning 

a Key Employee or Primary Management Official who is the subject of such report. Such a 

request shall suspend the 30-day period until the Chairman receives the additional information. 

d. If, within the 30-day period described in the subsection 2.c above, the 

National Gaming Commission notifies the Tribal Gaming Commission that it has no objection 

to the issuance of a license pursuant to a license application filed by a Key Employee or Primary 

Management Official for whom the Tribal Gaming Commission has provided the required 

application and investigative report to the National Gaming Commission, the Tribal Gaming 

Commission may go forward and issue a license to such app1ican.t. 

e. if, within the 30-day period described in subsection 2.c above, the National 

Gaming Commission provides the Tribal Gaming Commission with a statement itemizing 

objections to the issuance of a license to a Key Employee or Primary Management Official for 

whom the Tribal Gaming Commission has provided the required application and investigative 

report to the National Gaming Commission, the Tribal Gaming Commission shall reconsider the 

application, taking into account the objections itemized by the National Gaming Commission. 

The Tribal Gaming Commission shall make the final decision whether to issue a license to such 

applicant. 

f. If, after the issuance of a gaming license, the National Gaming Commission 

notifies the Tribal Gaming Commission that it has received reliable information indicating that 

a Key Employee or Primary Management Official is ineligible for employment under Applicable 

Law, the Tribal Gaming Commission shall suspend the gaming license of such person and give 

the licensee written notice of the suspension and proposed revocation of the license. The Tribal 

Gaming Commission shall notify the licensee of the time and place for a hearing on the proposed 

revocation of license. After a revocation hearing, the Tribal Gaming Commission shall decide 

to revoke or to reinstate the license. The Tribal Gaming Commission shall notify the National 

Gaming Commission of its decision. 

CHAPTER 7: LICENSES 

SECTION 701. 

1. Licenses - Employees. All employees in a Class II or Class Ill Gaming Operation on the 

Reservation shall be required to obtain a Tribal license as a gaming employee from the Tribal 

Gaming Commission, and for that purpose the Commission shall conduct or cause to be 

conducted background investigations of all such employees and shall deny or revoke such license 

for any employee whose prior activities, criminal record, if any, or reputation, habits, and 

associations pose a threat to the public interest or to the effective regulation of such gaming on 

the Reservation, or create or enhance the dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct of such gaming. 
2. Licenses - Commissioners. The Gaming Commissioners are required to obtain a Tribal Gaming 

License with the Gaming Commission Chairperson designated to approve the Commission members 

license and the Vice Chairperson designated to approve the Chairperson's license. 

SECTION 702. Background Investigations. Before issuing a license to an employee in a Class 

I1 or Class 111 Gaming Operation on the Reservation, the Tribal Gaming Commission shall 

forward the results of any background investigation to the National Gaming Commission. 

SECTION 703. Licensing Decision. If the Tribal Gaming Commission determines, on the basis 

of a background investigation and such other information as it may obtain, that the applicant is 

qualified for a gaming employee license, the Commission may, but shall not be required to issue 

such license. The Commission, at its sole discretion, may impose any qualification for or 

conditions on such license it deems appropriate, or may refuse to issue such license despite an 

applicant's qualifications. 

SECTION 704. Work Permits. All persons who are not gaming employees but worlc at any 

facility on the Resewation where authorized Class I1 or Class Ill Gamingoccurs or is supervised 

or administered, must obtain a non-gaming work permit from the Tribai Gaming Commission. 

Such work permits shall be issued upon determining that the employee is not a threat to the 

effective regulation of Class II and Ill Gaming on the Reservation and creates no risk or enhances 

no danger of unfair or illegal practices, methods or activities in the conduct of such gaming. All 

applicants for work permits shall provide ail information, if any, required of them in the 

Com~act. 

SECTION 705. Licensing of Vendors, Etc. Any person or entity proposing to sell, lease, or 

otherwise provide electronic games of chance, other gaming devices, or gaming services to for 

a Class II or Class Ill Gaming Operation on the Reservation must obtain a license to do so from 

the Tribal Gaming Commission. The standards with respect to such licenses shall be the same 

as those applicable to gaming employees, except that if applicant is a corporation, trust, or 

partnership, applications must be made by any person or entity holding 10% or more of any 

beneficial or legal interest in such entity. 

CHAPTER 8: HEARINGS AND APPEALS 

SECTION 801. Licensing Decisions. Any person whose application for a gaming-related 

license required by this Ordinance is denied, or whose license has been suspended or revoked, 

may obtain a hearing before the Tribal Gaming Commission by written request submitted within 

15 days following receipt of notice of the action of the Commission. The Commission shall 

hold a hearing within 30 days of the filing of the request. 

SECTION 802. Patron Disputes Regarding Particular Wagers. Any complaint by a patron 

of a Class ll or Class Ill Gaming Operation on the Reservation regarding a particular wager must 

be brought to the attention of the Gaming Manager by the patron immediately, or such complaint 

is deemed waived. If the Gaming Manager cannot promptly resolve the dispute, the Gaming 
Manager shall take witness statements and reasonable steps to secure physical evidence, if any. 

The patron may obtain a hearing before the Tribal Gaming Commission by written request 

submitted within 72 hours from the events complained of, stating the relevant facts and 

circumstances in detail. The Commission shall hold a hearing within 30 days of the filing of 

the request. 

SECTION 803. Appeal to Tribal Court. Any ruling of the Tribal Gaming Commission under 

sections 801 or 802, or assessment by the Commission of a penalty under chapter 9, may be 

appealed within 15 days of the Commission's decision to Tribal Court, in an action naming the 

Tribal Gaming Commission (not including any Commissioner, the Gaming Manager, or any other 

employee or agent of the Commission) as sole defendant. In any such action, the Tribal Court 

shall give appropriate deference to the expertise of the Tribal Gaming Commission. With respect 

to such an action, the sovereign immunity of theTribal Gaming Commission only is hereby 

waived, but only if filing deadlines are strictly followed, and solely to the extent of: 

- An order affirming the Tribal Gaming Commission 's decision in any dispute. 

- An order awarding or reinstating a license, in a licensing dispute. 

- An order that a patron is entitled to a jackpot or payoff or return of the wagered 

amount, in a dispute with a patron regarding a particular wager. 

An order reversing, abating, reducing, or enhancing a penalty assessed by the 

Tribal Gaming Commission, in a dispute over such an assessment. 

The Tribal Court may impose conditions on the above awards of relief. In no event may the 

Tribal Court assess pre-jndgment interest, costs, back pay, attorneys fees, or other damages or 

relief against the Tribal Gaming Commission. All final determinations of the Tribal Court under 

this section shall be appealable to the Tribal Appellate Court only. 

SECTION 804. Confidential Information. Where Tribal Gaming Commission action is based 

upon confidential information, which may not as a matter of law or policy be disclosed to the 

aggrieved person, such circumstances shall not be grounds for reversal of the Tribal Gaming 

Commission's decision, and the aggrieved person shall have no right to such confidential 

information in proceedings before either the Commission, Tribal Court, Tribal Appellate Court, 

or other properforum (if any). The public interest in the integrity of Class II and Class Ill 

Gaming on the Reservation is such that the burden of proof with respect to gaming issues, 

especially regarding fitness for licensing, shall be upon the individual. 

SECTION 805. Hearing Procedures. The Tribal Gaming Commission, Tribal Council, Tribal 

Court, and Tribal Appellate Court, may adopt such additional procedures and rules for the 

conduct of hearings as they deem necessary or convenient so long as they are consistent with 

this Ordinance and other Applicable Law. 
CHAPTER 9: PROHIBITED ACTS AND PENALTIES 

SECTION 901. Prohibited Acts. It shall be a violation of this Ordinance for any person within 

the Tribe's jurisdiction to engage in the following conduct in connection with Class II and Class 

Ill Gaming on the Reservation: 

1. Conduct or participate in a Gaming Operation other than one licensed by the Tribe. 

2. Receive, distribute, apply, or divert any property, funds proceeds, or other assets of 

a Gaming Operation to the benefit of any person except as authorized by this Ordinance or other 

Applicable Law. 

3. Tamper with any equipment used in the conduct of a Gaming Operation, or do any 

other act in connection with a Gaming Operation with the intent to cause any person to win or 

lose any wager other than in accordance with the publicly announced rules of such Gaming 

Operation. 

4. Alter or misrepresent the outcome or other event on which wagers have been made 

after the outcome is made sure but before it is revealed to the players. 

5. Place, increase, or decrease a bet or to determine the course of play after acquiring 

knowledge not available to all players of the outcome of the game or any event that affects the 

outcome of the game or which is the subject of the bet, or to aid anyone in acquiring such 

knowledge. 

6. Claim, collect, or take, or attempt to claim, collect or take, money or anything of value 

in or from a gaming device, machine, or dispenser with intent to defraud, without having made 

a wager, or to claim, collect, or take an amount greater than the amount won. 

7. Place, increase, or reduce a bet after acquiring knowledge of the outcome of the game 

or other event which is the subject of the bet, including past-posting, pressing, and pinching bets. 

8. Manipulate, with the intent to cheat, any component of an electronic gaming device, 

machine, or dispenser in a manner contrary to the designed and normal operational purpose for 

the component. 

9. Use legal tender or toltens other than those approved by the Tribal Gaming 

Commission, or use legal tender of a denomination not authorized for use in a gaming device. 

10. Possess or use any device or means to cheat while at a Gaming Operation. 
11. Behave in a threatening, disorderly, or disruptive manner or disturb the peace at a 

Gaming Operation. 

12. Engage in gaming if under the age of 18, or assist, permit, or facilitate gaming by 

such person. 

SECTION 902. Penalties. Any person within the jurisdiction of the Tribe who violates this 

Ordinance or other Applicable Law controllirig Class II or Class Ill Gaming on the Reservation 

shall be subject to civil penalties including: exclusion from employment or other involvement in 

Gaming Operations on the Reservation; denial, suspension, or revocation of a Tribal gaming 

license; exclusion from attendance at Gaming Operations on the Reservatio ; if a non-member 

of the Tribe, exclusion from the Reservation; and/or a civil fine of not more than $5,000 for each 

violation. The Tribal Gaming Commission shall have the jurisdiction to impose such civil 

penalties, except that exclusion from the Reservation must be pursued in Tribal Court as provided 

in the Tribal Law & Order Code. In addition, persons subject to the criminal jurisdiction of the 

Tribe shall be subject to criminal prosecution in Tribal Court or other courts of competent 

jurisdiction for offenses committed under Applicable Law.