ROSEBUI) SIOUX TRIBE

RESOLUTION NO. 87-58

Amended 12/06/90

WHEREAS, the Rosebud Sioux Tribe is a federally recognized Indian Tribe organized

pursuant to the indian Reorganization Act of June 18, 1934, (48 Stat. 984) and

amendments thereto, including the Act of June 15, 1935, whereby Nothing in the

Act of June 18, 1934, shall be construed to abrogate or impair any rights guaranteed

under any existing treaty with any Indian tribe, and such treaties include the

Treaty of September 15, 1851, (11 Stat. 749) and April 29, 1868, (15 Stat. 634);

and

WHEREAS, the Rosebud Sioux Tribal Council, as the governing body of the Tribe,

exercises its authority pursuant to powers of inherent selfgovernment and in its

Constitution; and

WHEREAS, Article IV, Section 1(a), (c), (f), (g), (h), (I), (j), (k), (m), (n),

(t) and (u) of the Constitution gives the Tribal Council power and authority to

enact a gaming law; and

WHEREAS, it is in the best interests of the Tribe to prescribe rules and regula

tions for the control of gaming in order to maintain high quality gaming free from

corrupt, incompetent or dishonest practices and association with undesirables;

and

WHEREAS, the Tribal CounŁil adopted Resolution No. 8702 on January 8, 1987,

declaring that it has gaming jurisdiction on the Rosebud Reservation and directing

the Judiciary Committee to reinstate a revised Gaming Ordinance into the Law and

Order Code, the Governmental Affairs Committee to establish an ordinance, and the

Budget & Finance Committee to revise sections of the Tribal Tax Code to include

gaming; and

WHEREAS, the Governmental Affairs Committee complied with Resolution No. 8702

and on March 27, 1987, it referred Resolution No. 8758 with Ordinance 8703,

The Omnibus Tribal Gaming Ordinance, to the Tribal Council which approved them

on April 2, 1987; and

WHEREAS, the Judiciary Committee complied with Resolution No. 8702 by referring

Resolution No. 8867 and Ordinance No. 8802 for a first reading by the Tribal

Council on April 11, 1988, with no rescission of the original resolution and

ordinance; and

WHEREAS, revised Resolution No. 8758 and revised Ordinance 8703, combining

Resolution No. 8867 and Ordinance 8802, and other changes, were sent by the

Governmental Affairs Committee to the Tribal Council for a first reading on July

13, 1988; and

WHEREAS, at the first reading, a written amendment was offered by Rosebud Community

Representative Ronald Valandra to have on site inspection by the Gaming Commission,

or its duly authorized representative appointed by Resolution or Ordinance of the

Council, and officers of the BIA/Tribal Police; and

WHEREAS, the Rosebud Sioux Tribe desires to continue its law to regulate gaming

in accordance with Resolution No. 8702 adopted January 8, 1987, its previous laws,

and Public Law 100497, the Indian Gaming Regulatory Act (S. 555 passed by the

PAGE 1 OF 2
ROSEBUD SIOUX TRIBE

RESOLUTION NO. 8758

Amended 12/06/90

U.S. Senate on September 15, 1988, and the U.S. House of Representatives on

September 27, 1988, without amendments, and signed into law by the President on

October 17, 1988); and

WHEREAS, the Rosebud Sioux Tribal Council desires to clarify its intent to regulate,

license and control the operation of bingo, pull tabs, break open cards, games

of chance by use of coin operated machines or other gaming devices, and all other

gaming in order to raise revenue for the support of tribal economic development,

employment, health, education, welfare, and public safety programs under its police

powers; and

WHEREAS, members of the Governmental Affairs Committee, after conferring with Omaha

and Winnebago Tribal delegates on April 13, 1988, proposed written amendments so

that the Rosebud Sioux Tribe is primarily a licenser of gaming rather than a sole

operator of same, as reflected in the second reading of the Revised Ordinance 8703

on May 10, 1989, in accordance with Title IV, Section 3 of the Tribal Law and Order

Code; now

THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribal Council hereby adopts

Revised Ordinance 8703, The Rosebud Sioux Tribe Gaming Law, and enters it as

Title 13 in the Rosebud Sioux Tribe Law and Order Code, any legally technical

changes by the Tribal Attorney General, notwithstanding; and

BE IT ALSO RESOLVED, that the first reading of Ordinance 8802 is hereby rescinded;

and

BE IT ALSO RESOLVED, that Roger Moran, Bernice Willcuts, Vernon Ike Schmidt,

Michael Boltz and Harold James Fuller are hereby appointed to the Rosebud Sioux

Tribe Gaming Commission to implement tribal law and negotiate gaming matters with

the National Indian Gaming Commission, the Secretary of the Interior, and the

appropriate agency of the State of South Dakota; and

BE IT FURTHER RESOLVED, that the Tribal Council reserves final approval of any

TribalState Gaming Compact.

CERTIFICATION

This is to certify that the above Resolution No. 8758 establishing Ordinance

8703 was duly reconsidered and amended by the Rosebud Sioux Tribal Council.

A first reading was duly held and approved on November 13, 1990, by a vote of

nine (9) in favor, zero (0) opposed and one (1) not voting. The second reading

was duly held and approved on December 6, 1990, by a vote of eight (8) in favor,

zero (0) opposed and zero (0) not voting. The said Resolution and Ordinance was

adopted including amendments pursuant to authority vested in the Council. A

quorum was present.

~

ATTEST:

Rosebud Sioux Tribe

~Rosebud Sioux Tribe

PACE 2 OF 2
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

WHEREAS, the Rosebud Sioux Tribe is a federally recognized

Indian Tribe organized pursuant to the Indian

Reorganization Act of 1934 and all pertinent amendments

thereof; and

WHEREAS, the Federal government has passed the Indian Gaming

Regulatory Act, 25 USC 2701, et seq.; and

WHEREAS, the Indian Regulatory Act and Regulations adopted

pursuant thereto permits Indian Tribes to engage in

different kinds of gaming activity; and

WHEREAS, the Rosebud Sioux Tribe and the State of South Dakota

have entered into a gaming compact pursuant to the

provisions of 25 USC 2710; and

WHEREAS, the Rosebud Sioux Tribe has entered into a management

contract with BBC Entertainment, Inc. to manage Class

II gaming and such Class II gaming as approved by the

Rosebud Sioux Tribe; and

WHEREAS, the management contract is currently under review by

the National Indian Gaming Commission; and

WHEREAS, as part of the submissions to the National Indian

Gaming Commission, the Rosebud Sioux Tribe submitted

its Gaming Ordinance 87-03, which was approved by the

Rosebud Sioux Tribal Council by Resolution 87-58, for

approval; and

WHEREAS, William Kindle, President, Rosebud Sioux Tribe,

received a letter on December 7, 1993, from the

National Indian Gaming Commission setting out certain

matters that needed to be added to the Gaming Ordinance

8703; and

WHEREAS, the Rosebud Sioux Tribal Council has given due

consideration to the points made by the National Indian

Gaming Commission in its letter of December 7, 1993, to

President Kindle.

THEREFORE BE IT RESOLVED, that the Rosebud Sioux Tribal Council

hereby enacts the following amendments and regulations

to Rosebud Sioux Tribe Gaming Ordinance 87-03;

page 1 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

FIRST AMENDMENT

13-5-116 (5), entitled Person Participating or Assisting in

Gaming Activities or Operations, which reads as follows:

(5) A background investigation shall be performed for each

primary management official and for each key employee

of a gaming operation.

shall be amended as follows:

(5) A background investigation shall be performed for each

primary management official and for each key employee

of a gaming operation pursuant to a description of

procedures adopted by the Rosebud Sioux Tribe Gaming

Commission as a regulation.

Adoption of Regulation

Pursuant to Rosebud Sioux Tribe Gaming Ordinance 87-03, 13-2-119

(2), the Rosebud Sioux Tribal Council hereby adopts the below

regulation with title and substance as follows:

BACKGROUND INVESTIGATIONS

OF

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

DESCRIPTION OF PROCEDURES

A. Section 522.22 of the National Indian Gaming Regulations

requires A description of procedures to conduct or cause to be

conducted background investigations on key employees and primary

management officials...

B. The Rosebud Sioux Tribe is responsible for the conduct of

background investigations and suitability determinations as set

forth herein and in the compact with South Dakota.

C. The Rosebud Sioux Tribe Gaming Commission and its Director

shall be responsible for the conduct of the background

investigations of key employees and primary management officials.

1. The Director, acting in accordance with the directions

of the Gaming Commission, shall be responsible for conducting or

causing to be conducted the background investigations, reporting

the results of the background investigation to the National

Indian Gaming Commission, and obtaining and processing

fingerprints.

page 2 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

2. In accomplishing the above, the Director may rely upon

any background investigation conducted by the South Dakota

pursuant to paragraph seven (7) of the compact with South

Dakota providing that said background investigation is

conducted in accordance with the National Indian Gaming Act

and its Regulations and providing that said investigation

meets all requirements of the Rosebud Sioux Tribe Gaming

Ordinance 87-03, all regulations adopted pursuant thereto,

including the description of procedures set forth herein.

3. The Rosebud Sioux Tribe Gaming Commission, acting with a

quorum present, shall be responsible for reviewing and

approving investigate work done and making suitability

determinations.

4. The Director of the Rosebud Sioux Tribe Gaming

Commission under Ordinance 87-03, 13-3-117, is responsible

for the day-to-day operations of the Commission. The

Director acts pursuant to the direction of the whole

Commission. The tasks for which he is responsible as set

forth in (a) above involves gathering information for review

and action by the Commission as a whole and/or transmitting

information to the National Indian Gaming Commission.

5. The Commission is composed of members who have been

appointed by the Rosebud Sioux Tribal Council. The

Commission acting as a whole, with a quorum present, makes

all decisions on behalf of the Commission as a whole. Their

responsibility in (3) above involves making final decisions

on the investigation completed and suitability of

applicants.

6. In making the investigations required by the National

Indian Gaming Act and its Regulations and Ordinance 87-03

and its Regulations, the following minimum procedures shall

be followed:

a. all information submitted by an applicant shall be

verified and recorded by written or oral

communication;

b. inquiry shall be made into the applicants prior

activities, criminal record, if any, and

reputation, habits, and associations;

page 3 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

c. a sufficient number of people knowledgeable about

the applicants history, background, and reputation

such as former employers, personal references, and

others to whom referred shall be interviewed in

order to provide the Gaming Commission with a basis

to make a finding concerning the eligibility for

employment in a gaming operation;

d. documentation shall be made of the disposition of

all potential problem areas and disqualifying

information obtained in the course of their

investigation.

7. An investigation report setting forth the following

shall be compiled and approved by the Gaming Commission:

a. steps taken in conducting the background

investigation;

b. results obtained;

c. conclusions reached; and

d. the basis for the conclusions.

SECOND AMENDMENT

A new section, designated as 13-5-104 (B), to be placed after 13-

5-104 (A) at page 19 of the Ordinance 8703, shall read as

follows:

13-5-104 (B). The Tribe shall ensure that the policies and

procedures set forth out in this chapter, which shall be at

least as stringent as provided in the Regulations of the

National Indian Gaming Commission, are implemented with

respect to key employees and primary management officials

employed at any Class II or Class III gaming enterprise

operated on Indian lands:

A. Definitions.

For the purpose of this ordinance, the following definitions

shall apply:

1. Key employee means

a. a person who performs one or more or the following

functions:

page 4 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

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;

b. If not otherwise included, any person whose total

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

or

c. If not otherwise included, the four most highly

compensated persons in the gaming operation.

2. Primary management officials means

a. The person having management responsibility for

management contract;

b. Any person who has authority:

i. To hire and fire employees; or

ii. To set up working policy of the gaming operation;

or

iii. The Chief financial officer or other person who

has financial management responsibility.

B. Application Forms

1. Existing key employees and primary management

officials shall be notified in writing that they

shall either:

a. Complete a new application form that contains

a Privacy Act notice as set forth in 13-5-116

(6); or

b. Sign a statement that contains the Privacy Act

notice and consent to the routine uses

described in that notice.

page 5 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

2. The Tribe shall notify in writing existing key

employees and primary management officials that

they shall either:

a. Complete a new application form that contains

a notice regarding false statements; or

b. Sign a statement that contains the notice

regarding false statements.

THIRD AMENDMENT

13-5-116 (5) (A) of Ordinance 87-03 shall be amended by the

following:

A. After 13-5116 (5) (A) (9), there shall be added a

subsection 9 (A) which shall read as follows:

9 (A). For each criminal charge (excluding minor traffic

charges), whether or not there is a conviction, if such

criminal charge is within 10 years of the date of the

application and is not otherwise listed pursuant to

paragraph 8 or 9 of this section, the criminal charge, the

name and address of the court involved and the date and

disposition;

B. Section 13-5-116 (5)(A)(ll) is amended by adding the

word current between the word A and photograph so

as to read: 11. A current photograph;.

C. After 13-5-116 (5) (A) (11), there shall be added a

subsection 11 (A) which shall read as follows:

11 (A). Fingerprints consistent with the procedures adopted

by the Tribe according to the 25 CFR 522.2 (h).

D. After 13-5-116 (5) (A) (12), the following paragraph

shall be added:

The Tribe shall conduct an investigation sufficient to make

a determination under subsection B. below. In conducting a

background investigation, the Tribe or its agent shall

promise to keep confidential the identity of each person

interviewed in the course of the investigation.

E. 135116 (B) as found at page 23 of Ordinance 8703

shall be deleted in its entirety and in its place the

following shall be substituted:

page 6 of 12
ROSEBUD SIOUX TRIBE

Resolution 94-63

The Tribe shall review a persons prior activities, criminal

record, if any, and reputation, habits and associations to

make finding concerning the eligibility of a key employee or

primary management official for employment in a gaming

operation. If the Tribe determines that employment of the

person poses a threat to the public interest or to the

effective regulation of gaming, or creates or enhances

dangers of unsuitable, unfair, or illegal practices and

methods and activities in the conduct of gaming, a tribal

gaming operation shall not employ that person in a key

employee or primary management official position.

FOURTh AMENDMENT

After 13-5-116 on page 24 of Ordinance 87-03, a new section

designated as 13-5116 (A) shall be included, which section shall

read as follows:

135116 (A)

A. When a key employee or primary management official

begin work at a gaming operation authorized by this

ordinance, the Tribe shall forward to the National

Indian Gaming Commission a completed application

for employment and cause to be conducted or conduct

the background investigation and make the

determination referred to in 13-5-116 (5) (B).

B. The Tribe shall forward the report referred to in

subsection (D) of this section to the National

Indian Gaming Commission within 60 days after an

employee begins work or within 60 days of the

approval of this ordinance by the Chairman of the

National Indian Gaming Commission.

C. The gaming operation shall not employ as a key

employee or primary management official a person

who does not have license after 90 days.

D. Pursuant to the procedures set out in subsection A,

B, and C above, the Tribe shall prepare and forward

to the National Indian Gaming Commission an

investigative report on each background

investigation. An investigative report shall

include all of the following:

1. Steps taken in conducting a background

investigation;

2. Results obtained;

page 7 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

3. Conclusions reached; and

4. The basis for those conclusions.

E. The Tribe shall submit, with the report, a copy of

the eligibility determination made under 13-5-116

(5) (B).

F. If a license is not issued to an applicant, the

Tribe;

1. Shall notify the National Indian Gaming

Commission; and

2. May forward copies of its eligibility

determination and investigative report (if any) to the National Indian Gaming Commission for

inclusion in the Indian Gaming Individuals

Records Systems.

G. With respect to key employees and primary

management officials, the Tribe shall retain

applications for employment and reports (if any) of

background investigations for inspections by the

Chairman of the National Indian Gaming Commission

or his or her designee for no less than three (3)

years from the date of termination of employment.

H. If, within a thirty (30) day period after the

National Indian Gaming Commission receives a

report, the National Indian Gaming Commission

notifies the Tribe that it has no objection to the

issuance of a license pursuant to a license

application filed by a key employee or primary

management official for whom the Tribe has provided

an application and investigative report to the

National Indian Gaming Commission, the Tribe may

issue a license to the applicant.

I. The Tribe shall respond to a request for additional

information from the Chairman of the National

Indian Gaming Commission concerning a key employee

or primary management official who is the subject

of a report. Such a request shall suspend the 30

day period under paragraph 8 above until the

Chairman of the National Indian Gaming Commission

receives the additional information.

page 8 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

J. If, within the thirty (30) day period described

above, the National Indian Gaming Commission

provides the Tribe with a statement itemizing

objections to the issuance of a license to a key

employee or to a primary management official for

whom the Tribe has provided an application and

investigative report to the National Indian Gaining

Commission, the Tribe shall reconsider the

application, taking into account the objections

itemized by the National Indian Gaming Commission.

The Tribe shall make the final decision whether to

issue a license to such applicant.

FIFTH AHENDMENT

13-5-120, Revocation of License, at page 24 of Ordinance 87-03

shall be amended by deleting 13-5-120 (4) and substituting in its

place the following:

(4). If, after the issuance of a gaming license, the Tribe

receives from the National Indian Gaming Commission

reliable information indicating that a key employee or

primary management official is not eligible for

employment, the Tribe shall suspend such license and

shall notify in writing the licensee of the suspension

and the proposed revocation. The revocation shall

take place pursuant to the procedures for revocation

under section 1, 2, and 3 above. The Tribe shall

notify the National Indian Gaming Commission of its

decision.

SIXTH N(ENDMENT

After 13-2-106 at page 9 of Ordinance 87-03, there shall be added

a section 132106 (A), which shall read as follows:

132-106 (A). Individually Owned Class II and Class III

Gaming Operations.

Any individually owned gaming operations licensed by the Rosebud

Sioux Tribe shall be conditioned on the following:

A. The operation shall be licensed and regulated under an

ordinance or resolution approved by the Chairman of the

National Indian Gaming Commission.

B. Income to the Tribe from the operation shall be used

only for the purposes listed in 13-2-104 (2).

page 10 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

C. Not less than 60 percent of the net revenues be income

to the Tribe.

D. The owner of the individually owned operation pay an

assessment to the National Indian Gaming Commission

pursuant to Section 514.1 of the National Indian Gaming

Regulations.

E. The individually owned operation shall comply with

licensing standards that are at least as restrictive as

those established by state law governing similar gaming

within South Dakota.

F. A license shall not be denied for any person or entity

that would not be eligible to receive a state license to

conduct same activity within the jurisdiction of South

Dakota. State law standards shall apply with respect to

the purpose, entity, pot limits, and hours of operation.

Seventh Amendment

13-2-101, Definitions, is amended by the addition of a subsection

27 at page 6 of Ordinance 87-03 defining Class II gaming, which

shall read as follows:

(27). Class II gaming means:

1. Bingo or lotto (whether or not electronic, computer, or

other technologic aids are used), when players:

a. Play for prizes with cards bearing numbers or other

designations:

b. Cover numbers or designations when objects,

similarly numbered or designated, are drawn or

electronically determined; and

c. Win games by being the first person to cover a

designated pattern on such cards;

2. If played in the same location as bingo or lotto, pull

tabs punch boards, tip jars, instant bingo, and other

games similar to bingo;

3. Non-banking cards games that:

a. State law explicitly authorizes, or does not

explicitly prohibit, and are played legally

anywhere in the State; and

page 11 of 12
ROSEBUD SIOUX TRIBE

Resolution No. 94-63

b. Player play in conformity with state laws and

regulations concerning hours, periods of operation,

and limitations on wagers and pit sizes;

4. Card games played in South Dakota if:

a. An Indian Tribe actually operates the same card

games as played on or before May 1, 1988, as

determined by the Chairman of the National Indian

Gaming Commission; and

b. The pot and wager limits remain the same as on

before May 1, 1988, as determined by the Chairman

of the National Indian Gaming Commission;

5. Individually owned Class II gaming operations:

a. That were operating on September 1, 1988;

b. That meet the requirements of 25 USC 2710 (b) (4)

(B);

c. Where the nature and scope of the game remains as

it was on October 17, 1988; and

d. Where the ownership interest or interests are the

same as on October 17, 1988.

CERTICATION

This is to certify that the above Resolution No. 94-63 was duly

passed by the Rosebud Sioux Tribal Council in session on April 4,

1994 by a vote of Twelve (12) in favor, One (1) opposed and None

(0) not voting. The said Resolution was adopted pursuant to

authority vested in the Tribal Council. A quorum was present.

ATTEST:

Tribal Secretary ,c) William Kindle, President

Rosebud Sioux Tribet~YL~ Rosebud Sioux Tribe

page 12 of 12
ROSEBUD SIOUX LAW AND ORDER CODE

TITLE 13: GAMING

TABLE OF CONTENTS

CHAPTER ONE

LEGISLATIVE FINDINGS, POLICY AND PURPOSE

131101.

131102.

131103.

131104.

131105.

131106.

131107.

131108.

132101

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

(13)

(14)

(15)

(16)

(17)

(18)

(19)

(20)

(21)

(22)

(23)

(24)

(25)

(26)

(27)

132102.

(1)

Property

Pull Tab

Reservation

State

Triba1~ Council or Council

Tribal Court

Tribe

Wager

Class II gaming means

Sovereign Immunity and Waiver

Sovereign Immunity

1

2

2

2

2

3

3

3

5

5

Sovereign Powers and Responsibilities

Federal Policy of Tribal Self-Determination

Rosebud Sioux Tribal Policy of Self-Government

Tribal Alcohol Rehabilitation Program

Land Consolidation Program

Tribal Need for Governmental Revenue and Additional

Economic Development

Tribal Gaming Policy

Purposes of Title

CHAPTER TWO

GENERAL PROVISIONS

Definitions

BIA/Tribal Police

Bingo

Code

Commission

Commission Member

Compact

Gaming

Gaming Establishment

IGRA

Indian

Indian Gaming Commission

Immediate Family

Judge

Licensee

Manager

Officer

Participate or Participation or Participating

Person

3

4

4

4

4

4

4

4

4

4

5

5

5

5

5

5

5

5

5

6

6

6

6

6

6

6

7

7
(2)

132102.

(3)

(4)

(5)

132103.

132104.

132105.

132106.

132106.

132107.

132108.

133101.

133102.

133103.

133104.

133105.

133106.

133107.

133108.

133109.

(1)

(2)

(3)

133110.

133111.

133112.

133113.

133114.

133115.

133116.

133117.

133118.

133119.

133120.

133121.

133122.

133123.

133124.

134101.

(1)

(2)

(3)

7

8

8

8

8

8

9

9

9

10

10

10

11

11

11

11

11

11

12

12

12

12

12

13

13

13

13

13

13

13

13

14

17

17

18

18

18

18

19

19

19

19

19

Waiver of Sovereign Immunity

Waiver of Sovereign Immunity

Credit of the Tribe

Credit of the Commission

Assets of the Commission

Tribal Gaming Commission Account Established

Allocation and Use of Gaming Revenue

Savings Clause

Sole Interest

Individually Owned Class II & III Operations (A-F).

Internal Revenue Compliance

Designation of Agent For Service

CHAPTER THREE

TRIBAL GAMING COMMISSION

Creation of Commission

Number and Selection of Commissioners

Terms of Office

First Commission

Disqualification of Commissioner

Vacancies

Resignation

Removal

Officers of the Commission

President

Vice President

Secretary/Treasurer

Annual Budget

Offices of Tribal Gaming Commission

Compensation of Commissioners

Quorum

Majority Vote

Conflict of Interest

General Procedures of the Commission

Tribal Gaming Commission Director

Powers of the Commission 14

Commission Regulations

IGRA Compact

Right of Entrance; Inspection

Investigations

Hearings; Examiner

Appointment of Examiner; Power of Examiner

CHAPTER FOUR

CLASSES OF GAMING

Classes of Gaming

Class I

Class II

Class III
CHAPTER FIVE

REGULATION OF GAMING

135101.

135102.

135103.

(1)

(2)

(3)

135104.

135104.

135104.

135105.

135106.

135107.

(1)

(2)

(3)

(4)

(5)

135108.

135109.

135110.

135111.

135112.

135113.

135114.

135115.

135116.

135117.

135118.

135119.

135120.

(1)

(2)

(3)

(4)

135121.

136101.

136102.

136103.

136104.

136105.

136106.

136107.

CHAPTER SIX

ENFORC EMENT

Gaming Regulated

Authority of the Commission

License Requirement

Class I

Class II

Class III

Application for License

(A).Separate Licenses

(B)

Form and Display of License

Financial Reports

Audits

Quarterly Audit

Additional Audits

19

20

20

20

20

20

20

20

21

22

23

23

23

23

Supplies, Services and Concessions Audits ......... 23

Audits Furnished to the Indian Gaming Commission .. 23

Audits Furnished to the State 23

Equal Opportunity To Win By Each Player 23

Determination of Winners 23

Employee Disqualifications 24

Age Limitation 24

Wager Limitation; Notice 24

Credit Restriction 24

Gaming Location 24

Construction, Maintenance and Operation Standards .

24

Persons Participating or Assisting in Gaming

Activities or Operations 25-30

Participants in Gaming 30

Prohibition Against Intoxication 30

Regulations to be Posted 30

Revocation of License 31

Exclusive Tribal Court Jurisdiction 31

Initiation by Commission 31

Commission Hearing Record 31

Revocation by Commission 31

Reserved Power of Council 31

Jurisdiction 31

Prohibited Acts 31-32

Criminal Violation of this Title or Commission Order

or Regulation 32

Civil Violation of this Title or Commission Order or

Regulation 32

Cumulative Fines 33

Purpose of Civil Penalties 33

Civil Action for Penalties 33

page 1
13-6-108. Seizure of Property .33

13-6-109. Disputes Under Management Agreement 33-35

13-6-110. Disputes Between Gaming Public and Tribe or Management

Contractor 35

CHAPTER SEVEN

EFFECTIVE DATE

13-7-101. Effective Upon Federal Approval 35

ROSEBUD SIOUX LAW AND ORDER CODE

TITLE 13: GAMING

CHAPTER ONE

LEGISLATIVE FINDINGS, POLICY AND PURPOSE

13-1-101. Sovereign Powers and Responsibilities.

This Title is enacted pursuant to the inherent sovereign

tribal powers expressly delegated to the Council in Article IV.

Section 1(c), (h), (i), (k), (rn), (t), and (U) of the Tribal

Constitution, which authorize the Council to manage and otherwise

deal with tribal lands and property, to exclude by ordinance from

the restricted lands of the Reservation persons not legally

entitled to reside therein, to promulgate and enforce ordinance

providing for the maintenance of law and order and the

administration of justice on the Reservation, to regulate the

conduct of trade and the use and disposition of property upon the

Reservation, to engage in any business that will further the

economic well being of members of the Tribe, to regulate tribal

agencies and tribal officials, and to delegate to subordinate

boards or tribal officials the forgoing powers, subject to review

by the Council.

13-1-102. Federal Policy of Tribal Self-Determination.

In 1970, President Nixon announced the policy of the United

States government to promote selfdetermination for Indian

tribes. At the heart of this policy is a commitment by the

federal government to foster and encourage Tribal selfgovernment, economic development and self sufficiency. That

commitment was signed into law in 1975 as the Indian Self

Determination and Education Assistance Act, Public Law 93-638, 88

Stat. 2203, 25 U.S.C. 450-450n. In 1983, President Reagan

reaffirmed that commitment in his Indian policy statement and

encouraged tribes to reduce their dependence on federal funds by

page 2
generating more of their own revenues and he pledged to assist

tribes in that endeavor.

The federal commitment was furthered in 1988 by passage of

Public Law 100497, 102 Stat. 2426, 25 USC 2701 et seq (1988),

through which the federal government recognized the inherent

sovereign right of tribes to conduct and regulate gaming on their

reservations and preempted state authority in the area of Indian

gaming.

13-1-103. Rosebud Sioux Tribal Self-Government.

The Tribe is firmly committed to the principal of tribal

self-government. Consistent with federal policy, tribal

government provides a wide range of public services on the

Reservation, including general governmental services, the

maintenance of peace and good order, the establishment of

educational systems and programs, and the promotion and

regulation of economic activities within the sovereign

jurisdiction of the Tribe.

13-1-104. Tribal Alcohol Rehabilitation Program.

Among the governmental services provided by Tribal

government is its alcohol rehabilitation program. Increasingly

dependent upon tribal funding, this program combats the most

serious medical and social problem on the Reservation and is

essential to the health and welfare of the Tribe.

13-1-105. Land Consolidation Program.

As recognized by Congress in the Act of January 25, 1983,

Public Law 94-459, Title I, the continued existence of

Reservations as permanent homelands for Indian Tribes and as

necessary foundations for continued self-determination requires

that the Tribes consolidate and increase the trust land base in

their Reservations~ and prevent further loss of trust land.

Accordingly, the Tribe has established a Land Consolidation

Program which is dependent upon Tribal funding.

13-1-106. Tribal Need for Governmental Revenue and Additional

Economic Development.

The Tribe is vigorously pursing its goal of selfdetermination through the development of manufacturing and

farming enterprises. The Tribal Farming Enterprise and Tribal

Ranch Enterprise require a vastly expanded land base for

increased efficiency and productivity, expansion of its programs

and increased employment and training of tribal members. Because

of the modest income level of the Tribe and because of cutbacks

in federal funding and increasing costs of self-government, it is

essential that the Tribe develop additional economic activities

page 3
on the Reservation to support general governmental programs, the

Alcohol Rehabilitation Program and the Land Consolidation Program

and to provide employment for Tribal members.

13-1107. Tribal Gaming Policy.

The establishment, promotion and operation of gaming is

necessary and desirable, provided that such gaming is regulated

and controlled by the Tribe pursuant to tribal and federal law

and any IGRA compact, and that the proceeds of such gaming is

used exclusively for the purposes of the tribal government

pursuant to tribal law and the IGRA. Gaming provided for

hereunder include all gaming pursuant to Tribal/State compact,

and operated pursuant to National Indian Gaming Regulatory Act.

When operated in accordance with the provisions of this Title,

such gaming will be conducive to the general welfare of all

residents of the Reservation.

13-1-108. Purposes of Title.

The purposes of this Title are:

(1) To regulate, control and license the operation of all

gaming within the Reservation.

(2) To promote and strengthen tribal economic development,

independence and selfdetermination.

(3) To generate revenue to strengthen and improve tribal

self-government and the provisions of governmental services.

(4) To enhance employment opportunities for tribal members.

CHAPTER TWO

GENERAL PROVISIONS

132101. Definitions

In this Title, except where otherwise specifically provided

or the context otherwise requires, the following terms and

expressions shall have the following meanings:

(1) BIA Police means the Rosebud Agency Bureau of Indian

Affairs Police Department or police officers serving as part of

it, each with a tribal commission, or the Rosebud Sioux Tribe

Police Department or police officers serving as part of it.

(2) Bingo means the game of chance commonly known as

bingo whether or not electronic, computer, or other technologic

aids are used in connection therewith, which is played for

prizes, including monetary prizes, with cards bearing numbers or

other designations, in which the holder of the card covers such

page 4
numbers or designations when objects, similarly numbered or

designated, are drawn or electronically determined, and in which

the game on such card, including instant bingo and other games

similar to bingo.

(3) Code means this Law and Order Code of the Rosebud

Sioux Tribe, comprising Titles 1 through 17, together with all

amendments, additions, or modifications which may be enacted from

time to time by the Tribal Council.

(4) Commission means the Rosebud Sioux Tribal Gaming

Commission established in this Title.

(5) Commission Member means a member of the Commission.

(6) Compact means any gaming compact between Tribe and

State as authorized by IGRA, or by state or tribal law.

(7) Gaming means any activity or game of chance in which

any valuable consideration may be wagered upon the outcome

determined by chance, skill, speed, strength, or endurance, and

in which any valuable prize is awarded to the player so wagering,

including but not limited to lotteries, keno, pull-tabs,

parimutuel wagering, slot, poker, or other mechanical and

electronic gaming, and the like, as well as those relying on

satellites, computers or cable television, and any activity in

furtherance thereof, including owning, financing, managing,

participating in, conducting or assisting in any way such

activity at the site at which it is being conducted, directly or

indirectly, whether at the site in person or off the Reservation.

(8) Gaming Establishment means any site on the

Reservation at which any gaming activity is conducted, whether by

a license or not.

(9) IGRA means the Indian Gaming Regulatory Act, Public

Law 100497, 102 Stat. 2426, 25 USC 2701 et seq (1988), as

amended.

(10) Indian means any person who is of Indian descent who

is a member of any recognized Indian Tribe under federal

jurisdiction at the time of the event under consideration.

(11) Indian Gaming Commission means the National Indian

Gaming Commission established by the IGRA.

(12) Immediate Family means, with respect to the person

under consideration, a husband or wife, whether married by tribal

custom and traditional practice or under the laws of any state or

tribe, father, mother, son, daughter, brother, sister, fatherin

law, motherinlaw, soninlaw, daughterinlaw, brotherinlaw,

sister-in-law, stepfather, stepmother, stepson, stepdaughter,

page 5
stepbrother, stepsister, half brother, or half sister.

(13) Judge means a Judge or Associate Judge of the Tribal

Court which is the subject of the particular section of this

Title in which the reference is made.

(14) Licensee means the person licensed by the Commission

to conduct any gaming activity or operation under the provisions

of this Title.

(15) Manager means the highest executive employee of the

Commission.

(16) Officer means an officer of the Commission.

(17) Participate or Participation or Participating in

any gaming activity or operation means operating, directing,

owning, financing or in any way assisting in the establishment of

or operation of any class of gaming or nay site at which such

gaming is being conducted, directly or indirectly, whether at the

site in person or off the Reservation.

(18) Person means any individual, partnership, joint

venture, corporation joint stock company, company, firm,

association, trust, estate, club, business trust, municipal

corporation, society, receiver, assignee, trustee in bankruptcy,

political entity, and any owner, director, officer or employee of

nay such entity, or any group of individuals acting as a unit,

whether mutual, cooperative, fraternal, nonprofit, or otherwise.

(19) Property means realty and personalty, of whatever

nature, including fixtures, money, claims, intangible rights and

interests in property.

(20) PullTab means any disposable card, board, or ticket

which accords the player an opportunity to win something of value

by opening, pulling, detaching, or otherwise removing tabs form

the card, board, or ticket to reveal a set of number, letters,

symbols, configurations, or combinations thereof which have been

previously specified as a winning combination.

(21) Reservation means the Rosebud Sioux Reservation

established in Section Two of the Act of March 2, 1889, 25 Stat.

888, including all lands, islands, waters, roads, or any

interests therein, whether in trust or non-trust status and

notwithstanding the issuance of any patent of right-of-way, and

such other lands, islands, waters, or any interest therein

hereafter added to the Reservation, to the extent not prohibited

by federal law.

(22) State means the State of South Dakota.

page 6
(23) Tribal Council or Council mean the Tribal Council

of the Rosebud Sioux Tribe established by and functioning

pursuant to the Tribal Constitution and By-laws.

(24) Tribal Court means either the trial court created,

existing and operating under the provisions of Chapter One of

Title 9 of this Code, or that one of the Courts of the Tribe to

which the reference is intended to apply as determined by the

particular section of this Title in which the reference is made,

and each and all of the Judges of that Tribal Court acting

collectively or individually in that office and capacity.

(25) Tribe means the Rosebud Sioux Tribe, recognized by

the federal government and operating pursuant to the Constitution

and Bylaws of the Rosebud Lake Sioux Tribe, and tribal means

belonging or pertaining to the Tribe.

(26) wager means the initial bet made in any game.

(27) Class II gaming means:

1. Bingo or lotto (whether or not electronic, computer,

or other technologic aids are used), when players:

a. Play for prizes with cards bearing numbers or

other designations;

b. Cover numbers or designations when objects,

similarly numbered or designated, are drawn or

electronically determined; and

c. Win games by being the first person to cover a

designated pattern on such cards;

2. If played in the same location as bingo or lotto,

pull-tabs, punch boards, tip jars, instant bingo,

and other games similar to bingo;

3. Non-banking card games that:

a. State law explicitly authorizes, or does not

explicitly prohibit, and are played legally

anywhere in the State; and

b. Players play in conformity with state laws and

regulations concerning hours, periods of

operation, and limitations on wagers and pot

sizes;

4. Card games in South Dakota if:

a. An Indian Tribe actually operates the same card

games as played on or before May 1, 1988, as

determined by the Chairman of the National

Indian Gaming Commission;

page 7
5. Individually owned Class II gaining operations:

a. That were operating on September 1, 1988;

b. That meet the requirements of 25 USC 2710 (b)

(4) (B);

c. Where the nature and scope of the game remains

as it was on October 17, 1988; and

d. Where the ownership interest or interests are

the same as on October 17, 1988.

13-2-102. Sovereign Immunity and Waiver.

(1) Sovereign Immunity. The Rosebud Sioux Tribal Gaming

Commission created by this Title is hereby clothed with all the

privileges and inimunities of the Tribe, except as specifically

limited by the Tribe, including sovereign immunity from suit in

any state or federal court. The Tribe expressly reserves all its

inherent sovereign rights as a federallyrecognized Indian tribe

with respect to the existence and activities of the Commission,

including sovereign immunity from suit in any state or federal

court.

Nothing in this Chapter shall be deemed or construed to be a

waiver of sovereign immunity of the Commission or the Tribe from

suit or to be consent of the Commission or the Tribe to any such

waiver of sovereign immunity, which may only be waived pursuant

to Subsection (2). Except as provided in Subsection (2), nothing

in this Chapter shall be deemed or construed to be a consent of

the Commission or the Tribe, to the jurisdiction of the United

States or of any state with regard to the business or affairs of

the Commission or the Tribe or to any cause of action, case or

controversy.

(2) Waiver of Sovereign Immunity. Sovereign Immunity of the

Commission and the Tribe may be waived only be express resolution

by a positive vote of two thirds of the entire Council after

consultation with its attorneys. All waivers of sovereign

immunity must be preserved with the resolutions of the Council

and of the Commission of continuing force and effect. Waivers of

sovereign immunity are disfavored and shall be granted only when

necessary to secure a substantial advantage or benefit to the

Commission and the Tribe. Waivers of sovereign immunity shall not

be general but shall be specific and limited as to duration,

grantee, transaction, property or funds, if any, of the

Commission or the Tribe subject thereto, court having

jurisdiction pursuant thereto and law applicable thereunder.

Neither the power to sue and be sued provided in 13-3-118,

nor any activity of the Commission, nor any express waiver of

sovereign immunity be resolution of the Council, shall be deemed

a consent to the levy of any judgment, lien, or attachment upon

property of the Commission or the Tribe other than property

page 8
specifically pledged or assigned, or to be a consent to suit in

respect of land within the exterior boundaries of the Reservation

or a consent to the alienation, attachment or encumbrance of any

such land.

(3) Credit of the Tribe. Nothing in this Chapter, nor any

activity of the Commission, nor any indebtedness incurred by it,

shall implicate or in any way involve the credit of the Tribe.

(4) Credit of the Commission. Nothing in this Chapter, nor

any activity of the Commission, nor any indebtedness incurred by

it, shall implicate or in any way involve the credit of the

Commission except as provided herein.

(5) Assets of the Commission. The Commission shall have

only those assets assigned to it by Council or acquired by it

thereafter. No activity of the Commission, nor any indebtedness

incurred by it, shall implicate or in any way involve any assets

of the Commission nor any indebtedness incurred by it shall

implicate or in any way involve any assets of tribal members or

the Tribe not assigned in writing to the Commission.

13-2-103. Tribal Gaining Commission Account Established.

(1) There is hereby authorized and directed to be

established an account in federallyinsured financial institution

to be know as the Tribal Gaming Commission Account.

(2) The Tribal Gaming Commission Account shall be an

interest-bearing account and the funds therein may be invested

and reinvested as approved by the council.

(3) No monies shall be released or expended form the

Tribal Gaming Commission Account except upon written resolution

of the Council appropriating a specific amount of the monies

contained therein for the use of a particular department, agency,

or program of the Tribe. Such appropriated amount shall be

directly transferred to the account of the receiving department,

agency, or program named in the appropriation resolution.

(4) All income, fees, penalties, interest, charges, or

other monies collected by the Commission in the administration

and enforcement of this Title shall be deposited in the Tribal

Gaming Commission Account.

13-2-104. Allocation and Use of Gaining Revenue.

(1) The Tribe shall receive not less than 65% of the net

revenues of any Class II or III gaming on the Reservation or

licensed under this Title; provided, however, that all such net

revenue of any such gaming operated by a recognized tribal

community shall be allocated to an agreement by and between the

page 9
Rosebud Gaming Commission and such community exclusively for the

uses listed herein.

(2) Revenue from tribal gaming shall be used only for the

following purposes:

(a) To fund tribal government operations or programs;

(b) To provide for the general welfare of the Tribe

and its members;

(c) To promote tribal economic development;

(d) To provide donations for charitable

organizations;

(e) To help fund operations of local government

agencies.

(3) Rosebud Tribe Gaming Commission will use any and all

fees and penalties collected by the Rosebud Gaming Commission at

its discretion.

13-2-105. Savings Clause.

If any of this Title is invalidated by a court of competent

jurisdiction, the remaining sections shall not be affected

thereby.

13-2-106. Sole Interest.

The Rosebud Sioux Tribe shall have the sole proprietary

interest in and responsibility for conduct of any gaming

operation on the Rosebud Indian Reservation. No licenses shall be

issued by the Rosebud Sioux Tribe to allow the operation of any

individually owned gaming operations on the Rosebud Indian

Reservation unless it elects to allow individually owned gaming

under the Indian Gaming Regulatory Act.

132106 (A). Individually Owned Class II and Class III

Gaming Operations.

Any individually owned gaming operations licensed by the

Rosebud Sioux Tribe shall be conditioned on the following:

A. The operation shall be licensed and regulated under an

ordinance or resolution approved by the Chairman of the National

Indian Gaming Commission.

B. Income to the tribe from the operation shall be used

only for the purposes listed in 13-2-104 (2).

page 10
C. Not less than 60 percent of the net revenues be income

to the Tribe.

D. The owner of the individually owned operation pay an

assessment to the Indian Gaming Commission pursuant to Section

514.1 of the National Indian Gaining Regulations.

E. The individually owned operation shall comply with

licensing standards that are at least as restrictive as those

established by state law governing similar gaining within South

Dakota.

F. A license shall be denied for any person or entity that

would not be eligible to receive a state license to conduct the

same activity within the jurisdiction of South Dakota. State law

standards shall apply with respect to the purpose, entity, pot

limits and hours of operation.

13-2-107. Internal Revenue Compliance.

All laws administered by the United States Internal Revenue

Service dealing with gaming, including but not limited to all

laws dealing with reporting gaming winnings and the withholding

of taxes from such winnings, shall be complied with.

13-2-108. Designation of Agent For Service.

The President of the Rosebud Sioux Tribe is hereby

designated as agent for service of any official determination,

order, or notice of violation. The address of the President is

Rosebud Sioux Tribe, Box 430, Rosebud, South Dakota 57570. The

phone number is 605-747-2381 and the fax number is 605-747-2243.

CHAPTER THREE

TRIBAL GAMING COMMISSION

13-3-101. Creation of Commission.

The Tribe hereby creates and establishes, pursuant to this

Title, the Tribal Gaming Commission, a governmental agency and

subordinate subdivisions of the Tribe.

13-3-102. Number of Selection of Commissioners.

The Commission shall comprise five voting members appointed

by the Council, all of whom shall be members of the Rosebud Sioux

Tribe.

133103. Terms of Office.

page 11
Commissioners shall serve three year terms and shall hold

office until their successors have been appointed and have

qualified: Provid?d however, the first Commission shall have

terms of office as described in 13-3-104.

13-3-104. First Commission.

Two Commissioners appointed to the first Commission shall

serve terms of three years. Two Commissioners appointed to the

first Commission shall serve terms of two years. The remaining

Commissioner appointed to the first Commission shall serve a term

of one year.

13-3-105. Disqualification of Commissioner.

No person who has ever been convicted of a federal, state or

tribal felony, or who has ever entered a plea of nob contendere

to any felony charge, or who is determined by the Commission to

have ever participated in organized crime, unlawful gaming

activities, bootlegging or drug trafficking, or who has been

convicted of a misdemeanor involving dishonesty or moral

turpitude within the past five years, or whose previous

activities, reputation of gaming, or create or enhance the

dangers of unsuitable, unfair, or illegal practices methods, or

activities in the conduct of gaming shall be permitted to

participate in any gaming activity or operation.

13-3-106. Vacancies.

If any Commissioner shall die, resign, be removed or, for

any reason, be unable to serve as a Commissioner, the Council

shall declare his position vacant and shall appoint another

person to fill the position. Terms of office of all persons

appointed to replace the initial Commissioners shall be f or the

balance of any unexpired term for each such position.

13-3-107. Resignation.

Any Commissioner may resign by delivering a written

resignation to the President of the Commission. Such resignation

shall be effective upon receipt, unless otherwise provided by the

terms thereof. A Commissioners resignation under this Section or

removal under 13-3108 shall also terminate that Commissioners

status, if applicable, as a presiding officer of the Commission.

133--lOB. Removal.

Pursuant to Commission regulations, a Commissioner may be

removed by the Council for serious inefficiency or neglect of

duty or for malfeasance, misfeasance or nonfeasance or for

misconduct in office, but, except as provided below, only after a

page 12
hearing before the Council, and only after the Commissioner has

been given written notice of the specific charges at least then

days prior to such hearing. At any such hearing, the Commissioner

shall have the opportunity to be heard in person or by counsel

and to present witnesses on his or her behalf. If the Council

determines that immediate removal of the Commissioner is

necessary to protect the interests of the Tribe, the Commissioner

may be temporarily removed immediately, and the question of

permanent removal shall be determined pursuant to Commission

hearing procedures,. A written record of all removal proceedings

together with the charges and findings thereon shall be kept by

the Tribal Secretary. The decision of the Council upon the

removal of a Commissioner shall be final.

13-3-109. Officers of the Commission.

(1) President. The President of the Commission shall be

appointed by the Council from among the members of the Commission

and shall hold office for a term of one year. Any Commissioner

may serve as President for two consecutive terms. The President

shall preside over all Commission meetings; sign on behalf of the

Commission all documents, decisions, orders, notices, or other

papers approved for such execution by the Commission; and shall

have such other powers and duties as may from time to time be

assigned to him by the Commission.

(2) Vice President. The Vice President of the Commission

shall be appointed by the Council from among the members of the

Commission and shall hold office for a term of one year. Whenever

the President is unable to preside or fulfill his duties as

President, the Vice President shall do so, and when so acting,

shall be clothed with all of the powers and duties of the

President.

(3) Secretary/Treasurer. The Secretary/Treasurer of the

Commission shall be elected by and from the Commission membership

for a term not to exceed his term of office as Commissioner. His

duties shall be those assigned him by the Commission.

13-3-110. Annual Budget.

The commission shall prepare an annual operating budget for

all Commission activities and present it the Council by August 15

of each year.

13-3-111. Office of Tribal Gaming Commission.

The Commission shall be provided with suitable office space,

necessary office furniture, stationary, books and maps and

supplies, the expense thereof to be included in the annual budget

of the Commission and paid from funds appropriated by the Council

page 13
from the Tribal Gaming Commission Account.

13-3-112. Compensation of Commissioners.

Compensation of Commissioners, if any, shall be determined

by the Council, the expense thereof to be included in the annual

budget of the Commission and paid from funds appropriated by the

Council from the Tribal Gaming Commission Account.

13-3-113. Quorum.

Three Commissioners shall constitute a quorum of the

Commission. A majority of those Commissioners present at a

meeting at which there is no quorum may by resolution adjourn the

meeting from time to time for a period not exceeding ten days in

any one instance.

13-3-114. Majority Vote.

All questions arising in connection with the action of the

Commission shall be decided by majority vote of the Gaming

Commission.

13-3-115. Conflict of Interest.

No Commissioner shall participate in any matter, hearing or

proceeding in which he or a member of his immediate family has

any pecuniary interest.

13-3-116. General Procedures of the Commission.

The Commission shall in all cases conduct its proceedings in

the manner most conducive to the proper dispatch of business and

to the ends of justice pursuant to such general rules, adopted by

the Council pursuant to 133118, as may be necessary for the

orderly regulation of proceedings before it, including forms of

notice and the service thereof, which shall conform as nearly as

possible to those in use in the Tribal Court. Any party may

appear before the Commission and may be heard in person or by

attorney. Every vote and official action of the Commission shall

be entered into a record and its proceedings shall be published

upon the request of any interested person. Every Commissioner

shall have the right to administer oaths and affirmations in any

proceeding pending before the Commission.

13-3-117. Tribal Gaining Commission Director.

The Council shall appoint a Tribal Gaming Commission

Director who shall be a full time paid employee of the Tribe and

shall be subject to the Personnel Policies and Procedures Manual,

provided, however, that the expense of the Directors salary

shall be included in the annual budget of the Commission and paid

page 14
from funds appropriated by the Council from the Tribal Gaming

Commission Account.

The Director~shall have primary responsibility for the dayto-day operation of the Commission, pursuant to delegation of

authority by the Commission, including supervision of all

Commission employees. The Director shall not be a member of the

Commission.

13-3-118. Powers of the Commission.

In addition to those powers and duties specified in detail

elsewhere in this Title, the Commission shall have the following

general powers and duties.

(1) To supervise, inspect and regulate any phase of any

gaming activity or operation.

(2) To investigate the operation and premises of any

person who is subject to the provisions of this Title pursuant to

133122.

(3) To examine the financial books and other records of

any person or entity participating in gaming.

(4) To require by regulation the filing of monthly reports

to the Gaming Commission of any records, forms, reports and all

other information desired by the Commission for implementation of

this Title relating to any gaming activity or operation, or any

investigation as required by tribal law and the IGRA.

(5) Schedule of fees to be determined on an annual basis

by the Rosebud Gaming Commission.

(6) To prepare and recommend to the Council a schedule of

fees to be charged for gaming licenses pursuant to the IGRA.

(7) To prepare and recommend to the Council a schedule of

fees and charges for services rendered relating to transcripts

and the furnishing or certifying of copies of proceedings, files,

and records.

(8) To process applications for tribal gaming licenses for

Class II and Class III gaming pursuant to the IGRA and to

recommend to the Council issuance or denial of such licenses.

(9) To process applications for management contracts for

Class II and III gaming pursuant to the IGRA, and to recommend to

the Council approval or rejection of such applications.

(10) To prepare and recommend to the Council an annual

page 15
operating budget pursuant to 13-3-110.

(11) To establish by regulation tribal gaming licensing

criteria and to require that such criteria are at least

restrictive as those required by the IGRA or state law.

(12) To recommend to the Council that the Tribe become

self-regulating whenever the Tribe becomes eligible for a

certificate of self-regulation under the IGRA.

(13) To advise the Council whenever, in the opinion of the

Commission, the State is negotiating upon any IGRA compact in bad

faith and to recommend legal action against the State in federal

court.

(14) To employ and fix the compensation of such advisors,

gaming experts, and other expert help and assistance for carrying

out its duties and conducting hearings, investigations, and

proceedings relating to gaming activities, subject to Subsection

(15), (16) and 13-3-110 as it deems necessary. The expense of any

hearings, investigations, and proceedings, and the compensation

and the actual expenses of any employees of the Commission while

engaged in any such hearing, investigation, or proceeding shall,

upon appropriate order of the Commission, be paid by any person

being investigated or involved in such hearing, investigation or

proceeding.

(15) To delegate to an individual Commissioner, or to the

Director or other members of the Commission staff or, upon

approval by the Council, to Tribal staff such of its functions as

may be necessary to administer this Title efficiently, provided,

however, that the power to conduct hearings pursuant to 133-124

shall not be delegated except to a member of the Commission or to

a hearing officer as provided in 13-3-124.

(16) To retain and use the services of only the tribal

attorney or other attorneys designated by the Council upon a

contract approved by the Council and the Secretary of the

Interior.

(17) To employ and use the services of only the tribal

accountants or other accountants designated by the Council upon a

contract approved by the Council.

(18) To cooperate with and receive technical and financial

assistance from the United States or any state for any purposes

relating to gaming laws that deal with matters subject to the

jurisdiction of .the Commission, and to file any reports and hold

any hearing for any such purposes.

(19) To prepare and recommend to the Council regulations

pursuant to 133119.

page 16
(20) To conduct background investigations of all persons

who propose to participate in any gaming activity or operation.

(21) To provide to the Indian Gaming Conunission and to the

State the results of background check upon proposed management

entities, all owners, directors, officials, and key employees

thereof, and all persons proposed for employment as tribal

employees in any Class III gaming activity or operation before

any such entity or person is employed either by the Tribe or any

licensee.

(22) To hold hearings pursuant to 13-3-123 of this Title.

(23) To examine under oath either orally or in writing any

person, agent, officer, or employee of any person subject to the

provisions of this Title, or any other witness with respect to

any enforcement action authorized by this Title.

(24) To discipline any licensee or other person

participating in any gaming activity or operation by ordering

immediate compliance with this Title or Commission regulations

and to issue an order of temporary suspension of any license

issued under this Title, whenever the Commission is notified of a

violation by any such person of this Title, applicable state law

or any IGRA compact. Any licensee under temporary suspension

will be assessed another fee to dissolve temporary suspension.

Fee will be determined by the Rosebud Gaming Commission.

(25) To issue an order of temporary closure of any gaming

activity or operation in the event the Commission determines that

immediate closure is necessary to protect assets or activities of

the Tribe or any recognized tribal community, pursuant to

Commission regulations, or whenever the Commission shall receive

information from the Indian Gaming Commission that a management

official or employee of such licensee does not meet the standards

for being licensed provided in the IGRA.

(26) To compel obedience to its lawful orders by proceeding

of mandamus or injunction or other proper proceedings, in the

name of the Tribe in the Tribal Court or any other court having

jurisdiction of the parties or of the subject matter.

(27) To recommend to the Council whether the Council

whether the Council should file any other court actions in regard

to gaming activities or operations.

(28) To name an arbitrator in connection with any

arbitration proceeding instituted pursuant to any IGRA compact.

(29) To sue and be sued in any court of competent

jurisdiction, subject, however, to the provisions of 13-2-102.

page 17
(30) To exercise all other authority delegated to it by law

for the implementation of any provisions of this Title.

13-3-119. Commission Regulations.

(1) The Commission shall prepare and recommend to the

Council such regulations as are necessary to carry out the

orderly performance of all its duties and powers, including but

not limited to regulations relating to

(a) Internal operational procedures of the Commission

and its staff;

(b) Interpretation and application of this Title as

may be necessary to carry out its duties and exercise

its powers;

(c) A regulatory system for all gaming activities and

operations, including accounting, contracting,

management and supervision;

(d) The findings of any report or other information

required by or necessary to implement this Title; and

(e) The conduct of inspections, investigations,

hearings, enforcement actions and other powers of the

Commission authorized by this Title.

(2) No regulation of the Commission shall be of any force

or effect unless it is adopted by the Council by written

resolution and copies of the regulation and Council resolution

have been filed for record in the office of the Secretary of the

Tribe and in the office of the Clerk of the Tribal Court.

(3) The Tribal Court and any other court of competent

jurisdiction shall take judicial notice of all Commission

regulations adopted pursuant to this Title.

13-3-120. IGRA Compact.

Pursuant to the IGRA, the Commission shall negotiate with

the State and prepare and recommend to the Council any IGRA

compact governing Class III gaming activities or operations. Such

compact shall be effective only after it has been approved by the

Tribe, the State, the Chairman of the Indian Gaming Commission

and has been published in the Federal Register; provided that any

such compact must be approved, amended or revoked by a positive

vote of two thirds of the entire Council and provided, further,

that such compact shall be revocable only pursuant to the IGRA.

13-3-121. Right of Entrance; Inspection.

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The Conm~ission and duly authorized officers and employees of

the Commission, during regular business hours, may enter upon any

premises of any licensee or gaming establishment for the purpose

of making inspections and to examine the accounts, books, papers,

and documents, of any such licensee or gaming establishment. Such

licensee shall facilitate such inspection or examinations by

giving every reasonable aid to the Commission and to any officer

or employee.

13-3-122. Investigations.

The Commission, upon complaint or upon its own initiative

and whenever it may deem it necessary in the performance of its

duties or the exercise of its powers, may investigate and examine

the operation and premises of any person who is subject to the

provisions of the Title. In conducting such investigation, the

Commission may proceed either with or without a hearing as it may

deem best, but it shall make no order without affording the

affected parties notice and an opportunity for a hearing pursuant

to Commission regulations.

13-3-123. Hearings; Examiner.

Pursuant to regulations, the Commission may hold any hearing

it deems to be reasonably required in administration of its

powers and duties under this Title. Whenever it shall appear to

the satisfaction of the Commission that all of the interested

parties involved in any proposed hearing have agreed concerning

the matter at hand, the Commission may issue its order without a

hearing.

The Commission may designate one of its members to act as

examiner for the purpose of holding any such hearing or the

Commission may appoint another person to act as examiner under

13-3-124. The Commission shall provide reasonable notice and the

right to present oral or written testimony to all persons

interested therein as determined by the Commission.

13-3-124. Appointment of Examiner; Power of Examiner.

The Commission may appoint any person qualified in the law

or possessing knowledge or expertise in the subject matter of the

hearing to act as examiner for the purpose of holding any hearing

which the Commission, or any member thereof, has power or

authority to hold. Any such appointment shall constitute a

delegation to such examiner of all powers of a Commissioner under

this Title with respect to any such hearing.

CHAPTER FOUR

CLASSES OF GAMING

page 19
134101. Classes of Gaming.

Gaming activities shall be classified as follows:

(1) Class I. Class I shall comprise social games played

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, which require permission

only of the tribal community in which they are conducted. Class I

includes raffles for charitable purposes and with prizes of

minimal value.

(2) Class II. Class II shall comprise bingo of every kind

if played at the same location, whether or not electronic,

computer, or other technologic aids are used in connection

therewith, pull tabs, lotto, punch boards, tip jars, instant

bingo and other games similar to bingo; also card games, but not

banking card games such as baccarat, chemin de fer or blackjack

(21), or electronic or electromechanical facsimiles of any game

of chance and slot machines of any kind.

(3) Class III. Class III shall comprise all forms of

gaming not classified as Class I or Class II.

CHAPTER FIVE

REGULATION OF GAMING

13-5-101. Gaming Regulated.

All Class I, II and III gaming activities or operations are

subject to the provisions of this Title.

13-5-102. Authority of the Commission.

The Commission is given exclusive authority to regulate all

gaming activities or operations under provisions of this Title.

13-5-103. License Requirement.

(1) Class I. A tribal license shall not be required for

any Class I gaming activity or operation, provided, however, that

each Class I gaming activity or operation must have written

permission of the Tribal Community in which it is conducted, and

such permission must be on file with the Tribal Secretary before

any such Class I gaming is conducted.

(2) Class II. A separate tribal license issued by the

Commission pursuant to specific authority of the Council shall be

required for each Class II gaming activity or operation for every

primary management official and key employee thereof.

page 20
(3) Class III. A separate tribal license issued by the

Commission pursuant to specific authority of the Council shall be

required for each Class III gaming activity or operation and for

every management official and employee thereof.

(4) Only gaming stated in the tribal license therefor

shall be permitted by any licensee at any gaming establishment.

13-5-104. Application for License.

Every person seeking a license from the Commission shall

file an application which shall contain:

(1) The name of the applicant and all pertinent

information required by Commission regulations.

(2) A release authorizing the Commission and, in the case

of an application relating to a Class III license, the State, to

conduct a background investigation of the applicant. In the

latter case the application shall be accompanied by the fee

provided in the State Commission on Gaming regulations for such

an investigation.

13-5-104(A). Separate Licenses

A separate license shall issue to each place, facility, or

location on Indian lands where gaming is allowed.

13-5-104 (B). The Tribe shall ensure that the policies and

procedures set out in this chapter, which shall be at least as

stringent as provided in the Regulations of the National Indian

Gaming Commission , are implemented with respect to key employees

and primary management officials employed at any Class II or

Class III gaming enterprise operated on Indian lands:

A. Definitions.

For the purpose of this ordinance, the following

definitions shall apply:

1. Key employee means

a. a person who performs one or more of the

following functions:

i. Bingo caller;

ii. Counting room supervisor;

iii. Chief of Security;

page 21
iv. Custodian of gaming supplies or cash;

v. Floor manager;

vi. Pit boss;

vii. Dealer;

viii. Croupier;

ix. Approver of credit;

x. Custodian of gambling devices including

persons with access to cash and

accounting records within such devices;

b. If not otherwise included, any person whose

total cash compensation is in excess of

$50,000 per year; or

c. If not otherwise included, the four most

highly compensated persons in the gaming

operation.

2. Primary management official means

a. The person having management responsibility

for a management contract;

b. Any person who has authority:

1. To hire and fire employees; or

ii. To set up working policy for the gaming

operation; or

iii. The Chief financial officer or other

person who has financial management

responsibility.

B. Application Forms

1. Existing key employees and primary management

officials shall be notified in writing that they shall either:

a. Complete a new application form that contains

a Privacy Act notice as set forth in 135-116

(6); or

b. Sign a statement that contains the Privacy

Act Notice and consent to the routine uses

described in that notice.

page 22
2. The Tribe shall notify in writing existing key

employees and primary management officials that they shall

either:

a. Complete a new application form that contains

a notice regarding false statements; or

b. Sign a statement that contains the notice

regarding false statements.

13-5-105. Form and Display of License.

Every license issued by the Commission shall contain the

following data:

(1) The name and address of the authorized licensee of

gaming.

(2) A recital that the licensee is authorized to conduct

the type of gaming specified or be employed in the management of

or serve as a key employee of any gaming enterprise.

(3) A statement that all participants in gaming activities

or operations conducted pursuant to the license shall be deemed

to have consented to the civil jurisdiction of the Tribe and the

Tribal Court.

(4) The signature of the Commission Director.

Such license shall be posted in a conspicuous place on the

premises at which the gaming activity authorized thereby is

conducted or the premises at which such person manages or serves

as a key employee of any gaming enterprise.

13-5-106. Financial Reports.

Every licensee shall furnish to the Commission an annual

statement of all sales, revenues, and all other amounts collected

and received, all deductions and disbursements made therefrom and

all expenses incurred or paid in connection with any gaming

activity or operation by such licensee.

13-5-107. Audits.

(1) Semi-annual Audit. An audit by an independent

Certified Public Account of the Commissions choice and

acceptable to the Commission shall be performed semiannual at

the expense of each licensee.

(2) Additional Audits. Additional audits as may be deemed

necessary by the COmmission shall be performed from time to time

page 23
at the expense of the Commission, provided, however, that such

audits shall not be unreasonably performed.

(3) Supplies, Services and Concessions Audits. Every

contract for supplies, services or concessions in excess of

$25,000 annually (except contracts for professional legal or

accounting services) relating to the gaming activities or

operations of each such licensee shall be subject to an annual

audit at the expense of such licensee pursuant to the IGRA.

(4) Audits Furnished to the Indian Gaming Commission. The

annual audit and each audit for supplies, services or concessions

of each licensee and each tribal gaming operation shall be

furnished to the Indian Gaming Commission pursuant to the IGRA.

(5) Audits Furnished to the State. Copies of every audit

required hereby for any Class III licensee shall be made

available to the State pursuant to any IGRA compact.

13-5-108. Equal Opportunity to Win By Each Player.

Each gaming activity or operation must be conducted so that

each of multiple players has an equal opportunity to win.

13-5-109. Determination of Winners.

All winners shall be determined and all prizes awarded

within a time specified by the Commission.

13-5-110. Employee Disqualifications.

No employee of any gaming activity or operation shall be

permitted to participate in any game in which he is employed. An

employee may participate in any game in which he is not employed

after paying an admission fee and any other fee incident thereto.

13-5-111. Age Limitation.

No person under 16 years of age shall be permitted to

participate in any Class I or II gaming activity or operation or

be an employee thereof, and no person under 21 years of age shall

be permitted to participate in any Class III gaming activity or

operation or be an employee thereof.

13-5-112. Wager Limitation; Notice.

A player shall not make an initial wager of more than the

amount specified in any IGRA compact, and each gaming table in

any gaming establishment shall be equipped with a sign that

indicates permissible minimum and maximum wager for it.

13-5-113. Credit Restriction.

page 24
All gaming shall be conducted on a cash basis and, except as

provided herein, no licensee or gaming establishment shall extend

credit for gaming to any person or permit any person to offer

such credit for a fee, provided, however, that this restriction

shall not apply to credits won by players who activate play on

gaming machines after inserting coins or currency into the game,

and shall not restrict the right of any person to cash a check or

use a bank or credit card for gaming in the same manner as would

normally be permitted at any retail business within the

Reservation.

13-5-114. Gaming Location.

Class II or Class III gaming activities or operations shall

be conducted only on fee or trust land specifically approved by

Council resolution.

13-5-115. Construction, Maintenance and Operation Standards.

The construction and maintenance of every gaming

establishment and the conducting of any gaming activity or

operation therein shall be done in a manner which adequately

protects the environment and the public health and safety.

13-5-116. Person Participating or Assisting In Gaming Activities

or Operations.

(1) No person who has ever been convicted of a federal,

state or tribal felony, or who has ever entered a plea of nob

contendere to any felony charge, or who is determined by the

Commission to have ever participated in organized crime, unlawful

gaming activities, bootlegging or drug trafficking, or who has

been convicted of a misdemeanor involving dishonesty or moral

turpitude within the past five years, or whose previous

activities, reputation, habits or associations pose a threat to

the public interest or to the effective regulation of gaming, or

create or enhance the dangers of unsuitable, unfair, or illegal

practices methods, or activities in the conduct of gaming shall

be permitted to participate in any gaming activity or operation.

(2) Any person who participates in any gaming activity or

operation shall submit to fingerprinting and photography by the

BIA Police and shall agree to any lawful means of testing,

including but not limited to drug or polygraph testing, at any

time and without prior notice concerning the handling, collection

and disbursement of monies in connection with such gaming.

(3) No person shall be eligible to receive a tribal

license to own a Class II gaming activity or operation who would

not be eligible to receive a state license to conduct such gaming

within the jurisdiction of the State.

page 25
(4) A criminal history check shall be completed by the

Federal Bureau of Investigation, Bureau of Indian Affairs, State

of South Dakota, or other cooperating law enforcement agency on

all persons participating in any gaming activity or operation.

Such a criminal history check shall include, but is not limited

to, a check through the Federal Bureau of Investigation National

Criminal Information Center. All applications for licenses shall

request the applicants set forth all names used in the past,

social security number, birth date, criminal history background,

and any other information deemed relevant by the commission. The

Gaming Commission shall then take such steps to complete the

criminal history background check.

(5) a background investigation shall be performed for each

primary management official and for each key employee of a gaming

operation pursuant to a description of procedures adopted by

the Rosebud Sioux Tribe Gaming Commission as a regulation.

(A). The Rosebud Sioux Tribe Gaming Commission shall

request from each primary management official and from each key

employee all of the following information:

1. Full Name, other names used (oral and

written), social security number (s), birthdate,

place of birth, citizenship, gender, all languages

(spoken or written);

2. For the previous five years: Business and

employment positions held, ownership interests in

those businesses, business and residence

addresses, and 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

paragraph (a) (2) of this selection;

4. Current business and residence telephone

numbers;

5. A description of any previous business

relationships with Indian tribes, including

ownership interests in those businesses;

6. A description of any 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 filed

an application for a license or permit related to

page 26
gaming, whether or not such license or permit was

granted;

8. For each felony for which there is an ongoing

prosecution or conviction, the charge, the name

and address of the court involved, and the date

and disposition;

9. For each misdemeanor conviction or ongoing

misdemenor 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 of disposition;

a. For each criminal charge (excluding minor

traffic charges), whether or not there is a

conviction, if such criminal charge is within

10 years of the date of the application and

is not otherwise listed pursuant to paragraph

8 or 9 of this section, the criminal charge,

the name and address of the court involved

and the date and disposition;

10. The name and address of any licensing or

regulatory agency with which the person has filed

an application for an occupational license or

permit, whether or not such license or permit was

granted;

11. A current photograph; and

a. Fingerprints consistent with the

procedures adopted by the Tribe according to

25 CFR 522.2 (h).

12. Any other information the Rosebud Sioux

Tribe Gaming Commission deems relevant.

The Tribe shall conduct an investigation

sufficient to make a determination under

subsection B below. In conducting a background

investigation, the Tribe or its agent shall

promise to keep confidential the identity of each

person interviewed in the course of the

investigation.

(B). The Tribe shall review a persons prior

activities, criminal record, if any, and reputation,

habits and associations to make a finding concerning

the eligibility of a key employee or primary management

official for employment in a gaming operation. If the

Tribe determines that employment of the person poses a

threat to the public interest or to the effective

page 27
regulation of gaming, or creates or enhances dangers of

unsuitable, unfair, or illegal practices and methods

and activities in the conduct of gaming, a tribal

gaining operation shall not employ that person in a key

employee or primary management official position.

(C). If the Rosebud Sioux Tribe Gaming Commission

possesses an investigative report for an employee, the Commission

may update that report instead of performing an entirely new

investigation.

(6). The Rosebud Sioux Tribe Gaming Commission shall place

the following notice on the application form for a key employee

or a primary management official before that form is filled out

by an applicant:

In compliance with the Privacy Act of 1974, the following

information is provided: Solicitation of the information on this

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

requested information is to determine the eligibility of the

individuals to be employed in a gaming operation. The information

will be used by National Indian Gaming Commission members and

staff who have need for the information in the performance of

their official duties. The information may be disclosed to

appropriate federal, tribal, state, local, or foreign law

enforcement and regulatory agencies when relevant to civil,

criminal, or regulatory investigations or prosecutions or when

pursuant to a requirement by a tribe or the National Indian

Gaming Commission in connection with the hiring or firing of an

employee, the issuance or revocation of a gaming license, or

investigations of activities while associated with a tribe or

gaming operation. Failure to consent to the disclosures indicated

in this notice will result in a tribes being unable to hire you

in a primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is

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

in processing your application.

A false statement on any part of your application may be

grounds for not hiring you, or for firing you after you begin

work Also, you may be punished by fine or imprisonment under 18

USC 100.

135116 (A).

A. When a key employee or primary management official

begins work at a gaming operation authorized by this ordinance,

the Tribe shall forward to the National Indian Gaming Commission

a completed application for employment and cause to be conducted

or conduct the background investigation and make the

determination referred to in 13-5-116 (5) (B).

page 28
B. The Tribe shall forward the report referred to in

subsection (D) of this section to the National Indian Gaining

Commission within 60 days after an employee begins work or within

60 days of the approval of this ordinance by the Chairman of the

National Indian Gaming Commission.

C. The gaming operation shall not employ as a key employee or primary management official a person who does not have a

license after 90 days.

D. Pursuant to the procedures set out in subsection A, B,

and C above, the Tribe shall prepare and forward to the National

Indian Gaming Commission an investigative report on each

background investigation. An investigative report shall include

all of the following:

1. Steps taken in conducting a background

investigation;

2. Results obtained;

3. Conclusions reached; and

4. The bases for those conclusions.

E. The Tribe shall submit, with the report, a copy of the

eligibility determination made under 13-5-116 (5) (B).

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

1. Shall notify the National Indian Gaming Commission;

and

2. May forward copies of its eligibility determination

and investigative report (if any) to the National Indian Gaming

Commission for inclusion in the Indian Gaming Individuals Records

System.

G. With respect to key employees and primary management

officials, the Tribe shall retain applications for employment and

reports (if any) of background investigations for inspection by

the Chairman of the National Indian Gaming Commission or his or

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

termination of employment.

H. If, within a thirty (30) day period after the National

Indian Gaming Commission receives a report, the National Indian

Gaming Commission notifies the Tribe that it has no objection to

the issuance of a license pursuant to a license application filed

by a key employee or primary management official for whom the

Tribe has provided an application and investigative report to the

National Gaming Commission, the Tribe may issue a license to the

page 29
applicant.

I. The Tribe shall respond to a request for additional

information from the Chairman of the National Indian Gaming

Commission concerning a key employee or primary management

official who is the subject of a report. Such a request shall

suspend the 30 day period under paragraph 8 above until the

Chairman of the National Indian Gaming Commission receives the

additional information.

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

the National Indian Gaming Commission provides the Tribe With a

statement itemizing objections to the issuance of a license to a

key employee or to a primary management official for whom the

Tribe has provided an application and investigative report to the

National Indian Gaming Commission, the Tribe shall reconsider the

application, taking into account the objections itemized by the

National Indian Gaming Commission. The Tribe shall make the

final decision whether to issue a license to such applicant.

13-5-117. Participants in Gaming.

Any person who participates in any gaming activity or

operation shall be deemed to consent to the civil jurisdiction of

the Tribe and the Tribal Court.

13-5-118. Prohibition Against Intoxication.

No person shall be permitted to enter premises where gaming

activities or operations are being conducted or participate in

any gaming activity or operation while such person is or appears

to be under the influence of nay intoxicating liquor or drugs.

13-5-119. Regulations to Be Posted.

The Commission shall post regulations relating to the

conduct of bingo and any other gaming activity as it deems

necessary, in a conspicuous place at the location of such gaming

activity.

13-5-120. Revocation of License.

(1) Exclusive Tribal Court Jurisdiction. Except as

provided in subsection (4), the Tribal Court shall have exclusive

jurisdiction to revoke a license issued under this Title.

(2) Initiation by Commission. Revocation proceeding in

Tribal Court shall be initiated by the Commission either before

or after completion of any hearing conducted by the Commission

pursuant to this Title.

(3) Commission Hearing Record. In any revocation

page 30
proceeding in the Tribal Court, no new or additional evidence may

be introduced, but the matter shall be heard on the record

established before the Commission as certified by the Commission.

The Tribal Court shall uphold all factual findings by the

Commission unless the court determines that such findings are not

supported by substantial evidence in the record established

before the Commission. In reviewing legal conclusions reached by

the Commission, the Tribal Court shall give proper weight to the

Commissions interpretation of this Title and any regulations

promulgated thereunder.

(4) If, after the issuance of a gaming license, the Tribe

receives from the National Indian Gaining Commission reliable

information indicating that a key employee or primary management

official is not eligible for employment, the Tribe shall suspend

such license and shall notify in writing the licensee of the

suspension and the proposed revocation. The revocation shall

take place pursuant to the procedures for revocation under

sections 1. 2. and 3 above. The above shall notify the National

Indian Gaming Commission of its decision.

13-5-121. Reserved Power of Council.

The Council reserves the power and authority to delegate to

the Commission the operation of gaming on behalf of the Tribe and

to restrict to the Tribe the sole proprietary interest in all

gaming activity and operations under this Title.

CHAPTER SIX

ENFORCEMENT

13-6-101. Jurisdiction.

Except as provided in this Title and in any IGRA compact,

the Tribal Court shall have jurisdiction over all violations of

this Title.

13-6-102. Prohibited Acts.

In addition to other civil and criminal offenses provided

for in this Code, the following acts are prohibited by this Title

and subject the violator to the civil and criminal penalties

specified in this Title:

(1) Participating in any gaming activity or operation

which is not authorized by this Title.

(2) Knowingly making a false statement in an application

for employment with any licensee or with the Commission.

page 31
(3) Knowingly making a false statement in connection with

any contract to participate in any gaming activity or operation.

(4) Attempting to bribe any person participating in any

gaming activity or operation.

(5) Offering or accepting a loan, financing or other thing

of value between a Commission member or employee and any person

participating in any gaming activity or operation.

(6) Promoting or participating in any gaming activity or

operation to win money or other valuable consideration except for

the specific gaming authorized at such location pursuant to this

Title.

(7) Failing to keep sufficient books and records to

substantiate receipts, disbursements, and expenses incurred or

paid from any gaming activity or operation authorized pursuant to

this Title.

(8) Falsifying any books and records which relate to any

transaction connected with the operation of gaming pursuant to

this Title.

13-6-103. Criminal Violation of This Title or Commission Order

or Regulation.

Any Indian or non-Indian who violates or fails to comply

with any provision of this Title, or who fails, omits, or

neglects to obey, observe, or comply with any order, decision,

decree, direction, demand, or requirement of the Commission, or

any part or provision thereof, shall be guilty of a Class A

crime. Each day during which any such violation or failure to

comply continues shall constitute a separate violation of this

Title.

13-6-104. Civil Violation of This Title or Commission Order or

Regulation.

Any person who is not a tribal member who violates or fails

to comply with any provision of this Title, or who fails, omits,

or neglects to obey, observe, or comply with any order, decision,

decree, direction, demand, or requirement of the Commission, or

any part or provision thereof, shall be liable for a civil fine

not to exceed $5,000 for each violation thereof. Each day during

which any such violation or failure to comply continues shall

constitute a separate violation of the Title. The amount of the

civil fine, when finally determined or agreed upon a

compromise,if not paid, may be recovered in a civil action in the

Tribal Court.

13-6-105. Cumulative Fine.

page 32
All civil fines accruing under this Chapter shall be

cumulative and a suit for the recovery of one fine shall not bar

or affect the recovery of any other fine, or judgment, penalty,

forfeiture or damages, nor bar the power of the Tribal Court to

punish for contempt, nor bar any criminal prosecution against any

officer, director, agent, or employee of any licensee, or any

other person.

13-6-106. Purpose of Civil Penalties.

The civil fines imposed under this Chapter are intended to

be remedial and not punitive and are designed to compensate the

Tribe for the damage done to the peace, security, economy and

general welfare of the Tribe and the Reservation, and to

compensate the Tribe for costs incurred by the Tribe in enforcing

this Title. The civil fines under this Chapter are also intended

to coerce all persons into complying with this Title, Commission

regulations and the laws and regulations of the Tribe and not to

punish such persons for violation of such laws and regulations.

13-6-107. Civil Action for Penalties.

In enforcing the civil infraction provisions of this

Chapter, the Commission shall proceed, in the name of the Tribe,

against a person for violation of such provision by civil

complaint pursuant to the provisions of this Code. The commission

in such action shall have the burden of showing by the

preponderance of the evidence that such person violated the

applicable provision of this Title.

13-6-108. Seizure of Property.

All property utilized in violation of this Title shall be

subject to seizure by order of the Tribal Court.

13-6-109. Disputes Under Management Agreement.

Should litigation be necessary to enforce the obligations of

the management agreement between BBC Entertainment, Inc., and the

Rosebud Sioux Tribe, such litigation shall not be brought in the

courts of any state. Instead, access to the courts shall be as

follows:

(a) Any litigation relating to a dispute over the terms,

rights or obligations set forth in this agreement shall first be

initiated in Rosebud Sioux Tribal Court.

(b) The parties agree that in the event of a dispute

requiring court intervention, either party may apply to the

Tribal Court appointment of a special judge to preside over any

such disputes. The Tribal Court shall immediately appoint such

special judge to preside over disputes involving this contract or

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the management of the project. The special judge must be

approved by both parties to this agreement prior to presiding over the case or controversy. The special judge must be law

trained, and the parties hereto will share equally in any

compensation to be paid to the special judge incurred in the

course of his duties on the case.

(C) Should either party request the appointment of a

special judge to hear a dispute or settle a controversy, said

judge must be agreed upon by both parties and selected and

appointed within seven days of the application by either party.

The parties may waive or extend the time limit include herein by

mutual agreement.

(d) With the use of the special judge as provided herein,

the Rosebud SiouxTribal Court shall have initial jurisdiction

over all disputes arising with respect to this contract, subject

only to those exceptions as set forth in subparts (f) and (g)

hereto.

(e) Regular appeals from the decisions of the special judge

for the Rosebud Sioux Tribal Court shall be taken as provided in

the Rosebud Sioux Tribal Rules of Appellate Procedure.

(f) The jurisdiction of the Rosebud Sioux Tribal Court

system with respect to disputes related to this contract shall

extend through the Tribal Court and Appellate Court level.

Tribal Court remedies must be exhausted before any party may

initiate suite in Federal Court (except as set forth herein and

in Section (g) below). Once Tribal Court remedies have been

exhausted, the jurisdiction of the Tribal Court shall cease,

permitting any party to bring suit before the United States

Federal District Court, and Tribal Court jurisdiction will

terminate for purposes of allowing the Federal Court to entertain

a de novo review of the case on its merits. The parties hereto

expressly intend that the Federal Court shall not be limited to a

review of Tribal Court Jurisdiction, but shall hear the case on

its underlying merits on a de novo basis. The Federal Court may

enter such relief on the merits of the controversy as it deems

just and equitable or as properly requested by either party. The

provisions of this section apply solely to disputes arising under

this contract and establishes the jurisdiction of the Rosebud

Sioux Tribal Court as set forth herein with respect to disputes

under the management agreement.

(g) The parties recognize that time is of the essence in

resolving any dispute which might arise related to the management

agreement. Therefore, the parties hereby establish the following

exceptions to the requirement of exhaustion of tribal remedies:

(1) If no special Tribal Court Judge is appointed as

provided by subparagraph (b) and (C) above, then the

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jurisdiction of the Tribal Court shall divest, and the

parties may proceed to Federal Court for de nevo

review.

(2) After appointment of a special judge, in the event that

the Tribal Court or Tribal Appellate Court fails to

respond to any request for a restraining order or other

injunctive relief within ten days, or to render a

decision on any other matter which is submitted to it

within 30 days, then the jurisdiction of the Tribal

Court shall divest and the parties may proceed to

Federal Court de novo review.

(3) If either party applies for a restraining order, and

the Tribal Court either grants or denies such an order,

and either party can demonstrate to the Federal Court

that irreparable harm will result if such restraining

order or injunctive relief is not immediately reviewed

and acted upon, then the parties agree that the matter

may proceed to Federal Court and the Federal Court

shall be afforded the consent of both parties hereto to

hear the merits of the issues surrounding the request

for a restraining order on a de novo basis, and enter

such relief as is just and equitable.

13-6-110 Disputes Between Gaining Public and Tribe or Management

Contractor.

In a patron dispute revolving out of gaming activity, a

licensee must notify the disputing patron that he has a right to

have the Gaming Commission decide the dispute. The Gaming

Commission shall promulgate regulation setting out of procedure

for determining such disputes. Notices shall be place in

conspicuous places, informing the gaming public generally of this

right in cases of disputes.

CHAPTER SEVEN

EFFECTIVE DATE

13-7-101. Effective Upon Federal Approval.

This Title shall be effective upon the date of its

publication in the Federal Register.

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