Aug.19 20U3 12:53PM Mile Lacs Band Legislative) No.4598 p. 2

Ordinance 44-03

A Ordinance providing for the general welfare of the people of the Mile Lacs Band of Ojibwe

by a Gaming Regulatory Act to regulate gaming on band lands.

The District I Representative introduced the following Bill on the 19th day of August 2OO3~

PREAMBLE

Be it enacted by the Band Assembly of the Mule Lacs Band of Ojibwe the following act for the

purpose of establishing a stErrutory system for the effective regulation of gaming activities within

the jurisdiction of the Band to be called the Gaming Regulatory Act; establishing an independent

regulatory authority called the Mile Lacs Band Gaming Regulatory Authority; and for other

purposes..

TITLE 15

GAMING REGULATORY ACT

Section 1. REPEAL ANt) REPLACEMENT OF TITLE 15 AND GAMING

REGULATIONS; EFFECTIVE DATE; TRANSITION.

This Gaming Act and regulations promulgated thereunder shall constitute the entire gaming laws

and regulations of the Band. The prior Title 15 of Band Statutes is hereby repealed and replaced.

Upon final approval of Initial Detailed Gaming Regulations by the Gaming Authority

(hereinafter the Authority) and the Band Assembly pursuant to section 1l(d)(2)(C), such

regulations will replace and supercede all then existing gaming regulations. Authority control of

gaming regulation shall become effective upon the date that this Act is filed with and approved

by the National Indian Gaming Commission and the first Director of the Office of Gaming

Regulation and Compliance, as described in section 12 of this Act, takes the oath of office. The

Authority Board of Directors, the Director of the Office of Gaining Regulation and Compliance,

the Commissioner of Corporate Aff~irs, and the CommissIoner of Finance shall work together to

assure the smooth transition of gaming regulation from the Commission to the Authority.

Section 2. FINDINGS

The Mile Lacs Band of Ojibwe Assembly finds that

(a) The Mile Lacs Band of Ojibwe has a long history of conducting different forms

of gaming within our sovereign territory. Prior to entering into treaties with the United States the

Band allowed many traditiona] forms of gaming;

(b) Gaming on Band Lands is a valuable means of generating revenues needed by the

Band to enhance economic development and self-sufficiency, promote and strengthen selfPage I of4l
Aug.19. 2003 12:53PM Mile Lacs Band Legislativel No.4598 P. 3

governance, increase Band member employment, and to fund essential Band social programs and

services; and

(c) Band Regulation and control of gaming on Band Lands is necessaiy in order to

ensure the welfare and best interests of the Band, its members and pa~ons of the Bands gaming

enterprises, prevent any proliferation of organized crime and other corrupting influences on Band

Lands, protect the fairness of gaming conducted on Band Lands and preserve the political

integrity of the Band..

Section 3. DECLARATION OF PURPOSE.

The express purpose of this Gaming Regulatory Act is:

(a) to provide a statutory basis for the regulation of gaming on Band Lands to ensure

that gaming is shielded from organized crime and other corrupting influences, to ensure that the

Band is the primary beneficiary of the gaming operation, and to assure that gaming is conducted

fairly and honestly by both the operator and the player;

(b) to regulate and control gaming on Band Lands for the protection of gaming as a

means of promoting economic development, self-sufficiency, and strong tribal government;

(c) to foster a spirit of cooperation with federal officials in the regulation of gaming;

(d) to foster a spirit of cooperation with Minnesota officials in the conduct of Class

Ill gaming pursuant to any Compacts;

(e) to ensure that gaming on Band Lands is conducted in conformity with Band law,

the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. section 2701 ~j seq and regulations

promulgated pursuant thereto, applicable State law and the Compact;

(1) to ensure th~i the construction and maintenance of gaining facilities and the

operation of all gaming conducted at such facilities is conducted in a manner which adequately

protects the environment, public health, and safety; and

(g) to establish an independent regulatory authority charged with oversight and

enforcement of gaming regulatory matters under Band law, with the goal of becoming self

regulating under IGRA and regulations promulgated thereto

Section 4. DEFINITIONS.

For the purpose of this Act, the following definitions shall apply

(a) Authority means the Mule Lacs Band Gaming Regulatory Authority established

by this Act.

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(b) Authority Data means all information, flies, reports, records, correspondence

and other data collected, created, received, maintained or disseminated by the Authority

regardless of its physical fonn, storage method, or conditions of use

(C) Applicant means an individual or entity that applies for a Band gaming license

or certification..

(d) Background Investigation has the meaning given in 25 C.F.R. Part 556.4.

(e) Band means the Mule Lacs Band of Ojibwe.

(1) Band Gaming Laws means this Act and all subsequent amendments thereto, and

all detailed regulations promulgated thereunder.

(g) Band Lands means any land within the jurisdiction of the Band upon which

gaming activities pursuant to IGRA may be conducted..

(h) Board means the Board of Directors of the Gaming Regulatory Authority.

(i) Closely associated independent contractor means any contractor that shares

common ownership, officers, or directors with any management principal or person

related thereto.

(1) Chairperson means the Chairperson of the Board..

(Ic) Charitable Gaming means any Gaming carried out by an Indian Charitable

Organization on Band Lands,

(1) Compact(s) means any Class III tribal-state gaming compact in effect between

the Band and the State of Minnesota to govern the conduct of certain Class ill Gaming

Activities on Band Land.

(m) Compliance means that any gaming and gaming related activity regulated by

this Act is conducted in accordance with applicable laws,.

(ii) Compliance Determination has the meaning given in section 11 (d)(5) of this

Act.

(o) Confidential Data means Authority Data on a Person that by Band statute,

regulation or order, or by applicable federal law, is not made available to the public. The

term includes Confidential Limited Availability Data and Confidential Restricted

Availability Data.

(p) Confidential Financial Information means any financial accounting records,

ledgers, reports, and audits; and any profit and loss statements, cash flow projections, tax

returns, invoices, checks, bank records, or other data on the revenues, expenditures, or

financial obligations of a Person, other than a Gaming Enterprise.

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(q) Confidential Limited Availability Data means Confidential Data that by Band

statute, regulation or order, or by applicable federal law is made accessible to the subject

of the data (if any).

(r) Confidential Restricted Availability Data means Confidential Data that is not

available to the subject of the data.

(s) Corporate Commission means the Corporate Commission of the Mule Lacs

Band of Ojibwe Indians as established by 16 MLBSA section 101 ~

(t) Corporate Commissioner means the Mule Lacs Band Commissioner for

Corporate Affairs

(u) Court of Central Jurisdiction or CCJ means the Court of Central Jurisdiction

of the Mule Lacs Band oOjibwe Indians established by 5 MLBSA section 1 ~ ~g.

(v) Director means the director of the Office of Business Regulation and

Compliance as described in section 12 of this Act.

(w) Exclusion List means a list prepared pursuant to section 1 l(d)(9) of this Act

that contains the names of Persons who shall not be permitted in any Gaming Enterprise.

(x) Financial Information on a Gaming Enterprise includes, but is not limited to

any financial accounting records, ledgers, reports, and audits; and any profit and loss

statements, cash flow projections, tax returns, invoices, checks, bank records, or other

data on the revenues, expenditures, or financial obligations of a Gaming Enterprise.

(y) Gaming means an activity in which a person stakes or risks something of value

on the outcome of a contest of chance or a future contingent event, not under his or her

control or influence, upon an agreement or understanding that the person, or someone

~1se, will receive something of value in the event of a certain outcome, but shall not

include a bona fide business transaction.

(z) Gaming Activity or Gaming Activities means any Class I, Class II, or Class

Ill gaming activity as defined by the Indian Gaming Regulatory Act and conducted by or

under the jurisdiction of the Band.

(aa) Gaming Compliance Officer or GCO means the officer described in section

12(b)(1)(D) of this Act..

(bb) Gaming Contractor means any person or entity that supplies gaming devices or

other gaming equipment, personnel, or services, including gaming management or

consulting services, to any Gaming Activity or Gaming Enterprise

(cc) Gaming Enterprise~s) means the Grand Casino Mule Lacs, the Grand Casino

Hinckley and any other commercial facility or business owned by the Band through the

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Corporate Commission and operated, in whole or in part, for the conduct of Gaming or

related to Gaming Activities within the jurisdiction of the Band.

(dd) Gaming Regulatory Authority means the independent agency established herein

arid designated with responsibility for performing the Bands regulatory responsibilities

and duties under IGRA, this Act, and any Compacts.

(cc) Gaining Supplier means any contractor or other supplier of gaming goods,

supplies, materials, equipment, or services to any Gaming Enterprise, the aggregate

annual cost of which to the Bands Gaming Enterprises is at least $25,000. The tenn

Gaming Supplier shall be more particularly defined in detailed gaming regulations to be

promulgated by the Authority.

(If) Hearing Examiner means an individual employed or contracted with by the

Authority for the purpose of conducting a hearing pursuant to section 11 of this Act.

Such. person shall: (I) be independent of any claimant, the Corporate Commission, any

Gaming Enterprise, and any affiliates of the foregoing; (2) be an attorney in good

standing licensed by the Mile Lacs Band and any State, and (3) have relevant legal

experience.

(gg) Immediate Family or related to means persons who are the subject

individuals spouse, parents, siblings, and children (either adopted or biological).

(hh) indian Charitable Organization means any non-profit association or

corporation, or unincorporated community group with a primary purpose of engaging in

social, educational, cultural, religious or charitable activities, or a combination thereof

within the tribal community.

(ii) Indian Gaming Regulatory Act or IGRA means the Act of October 17, 19~8,

Public Law 100-497,25 Usc section 2701 et seg~ as amended, and all regulations

promulgated pursuant thereto.

(Ijj) Information on a Pending Compliance Recommendation means (1) any data

gathered by the Director in connection with an ongoing investigation for which a

Compliance Recommendation is required pursuant to section 12(b)(2) of this Act or

(2) any Compliance Recommendation that has been completed by the Director but not yet

finaily acted upon by the Authority.

(kk) Information on a Pending License Application means any data submitted by the

applicant or gathered by the Director or the Authority in connection with a pending

application for a license required by this Act..

(U) Initial Detailed Gaming Regulations means a full and complete set of gambling

regulations, to be the first regulations promulgated by the Authority pursuant to section

11 (d)(2) herein and submitted to the Band Assembly for final approval, to

comprehensively regulate all aspects of gaming necessary to (1) ensure effective,

independent oversight and regulation of all gaming conducted on Reservation lands; (2)

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ensure that Persons who hold key positions in the Bands gaining enterprises are honest,

trustworthy and of good moral character; (3) protect Band assets through implementation

of strong, effective financial accounting and internal cash controls; (4) comply with all

applicable law, including Band law, federal law and Band/State gaming compacts; and

(5) clearly define and distinguish the respective duties and powers of casino management

and gaming regulation so that they compliment one another in such a manner as to

maximize the benefits of gaming to the Band and the surrounding non-Indian community.

(mm) Key Employee means any person as defined in 25 C.F.R. Part 502.14 and any

other persons who may, pursuant to the Detailed Gaming Regulations, be included under

the definition of Key Employee and become subject to such requirements.

(nn) Management Principal means any person who is an officer of member of the

Board of Directors or other person defined as a Primary Management Official as defined

in25 CFR Part 502.19.

(oo) Net Revenues means gross gaming revenues of an Indian gaming operation

less:

(a) Amounts paid out as, or paid for, prizes; and

(b) Total gaming-related operating expenses, excluding management Ices.

(pp) Non-Key Employee means any person employed by a Gaming Enterprise or the

Corporate Commission, ~o is not otherwise defined as a Key Employee or Primary

Management Official.

(qq) Office of Gaming Regulation and Compliance or OGR&C means the office

charged with the responsibility of, inter alia, regulating gaming activity within the

jurisdiction ~f the Band,

(ix-) Person means any individual, partnership, corporation, as~ociation, business

trust, joint stock company, unincorporated association or society, any other business or

non-business entity, or the legal representative of such entity.

(ss) Personnel Data means data on individuals collected because the individual is or

was an associate of, or an applicant for employment with, the Authority or the OGR&C,

or acts as an independent contractor therefor

(tt) Primary Mariagement Official means any person as defined in 25 CFR Part

502.19 and any other persons who, at the discretion of the Authority, may be included

under the definition of Primary Management Official and become subject to such

requirements.

(un) Security Ijiformation means Authority Data the disclosure of which would be

likely to substantially jeopardize the security of Gaming Enterprise information,

possessions, associates, guests or property against theft, tampering, improper use, illegal

disclosure, trespass orphysical injury.

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Aug.19. 2~3 12:55PM M~I le Lacs Band 1LesIat~eL Mo.4598 P. 8

(vi) Trade Secret Information means Authoiity Data, including formula, pattern,

compilation, program, device, method, technique, or process (1) that was supplied by the

affected Person (2) that is the subject of efforts by the affected Person to maintain its

secrecy; and (3) that derives independent economic value, actual or potential, from not

being generally known to, and not being readily ascertainable by proper means by, other

Persons who can obtain economic benefit from its disclosure or use.

Section 5. GENERAL PROHIBITION ON GAMING ACTIVITIES; VIOLATiONS

PUNISHABLE. All Gaming Activity on Band Lands shall be conducted in compliance with

this Act and any Gaming Activities not authorized by this Act or by regulations promulgated

pursuant to this Act by the Authority is prohibited. Any violations of this Act shall be punishable

through means adopted by this Act, the Authority and as otherwise provided by Band law

Section 6. UNAUTHORIZED GAMING PROHIBITED; PERMIUED GAMING;

TRIBAL-STATE COMPACTS AUTHORIZED.

(a) Unauthorized Gaming Prohibited. All Gaming Activities on Band Lands.

whether class I, 11, or Ill, are prohibited and unlawæil, except as expressly authorized by

this Act.

(b) Permitted Gaming.

(1) Class I Gaming. Class I traditional gaines are permitted to the extent

consistent with tribal custom and practice. The Authority may prohibit and

prevent any conduct which is claimed to be class I gaming if it finds that such

conduct is not in accordance with tribal customs or practices or violates the IGRA

or other applicable law. The Authority shall consult with a committee of Band

Elders to determine which games are consistent with Band custom and practice.

These games shall be listed and defined in the thitial Detailed Gaming

Regulations.

(2) Class H and Class Ill Gaming. Class II and class Ill gaming on Band

Lands is hereby authorized. The Band has the sole proprietary interest in and

responsibility for the conduct of any Gaming Entcrprise..

(A) Permitted Class II Games,

(i) Any game of chance which the Authority andlor the

National Indian Gaming Commission has determined to be class II;

and

(ii) any game of chance for which the Authority has

promulgated rules and regulations so that such games are

conducted in accordance with this Act.

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(B) Permitted Class III Games.

(i) Video Games of Chance licensed and conducted pursuant

to the Compact between the Commission and the State of

Minnesota;

(ii) Blackjack Games licensed and conducted under the terms

of the compact between the Commission and the State of

Minnesota; and

(iii) Any other game of chance which is licensed and conducted

pursuant to the Compact and for which the Authority has

promulgated rules and regulations.

(3) Community Charitable Gaming.

(A) Policy. It is The policy of the Band to foster and assist Indian

Charitable Organizations and the good works they perform for the

community. To this end, the Band will allow Indian Charitable

Organizations to use certain forms of gaming to raise money for their

charitable purposes and to provide a healthy social outlet for members of

such groups and their friends. The Authority shall regulate charitable

gaming carried out by an Indian Charitable Organization so as to promote

the general health and safety of the Band and to assure that such gaming is

operated honestly, with high integrity, and in accordance with the highest

stand~rds.

(B) Allowable Games. Indian Charitable Organizations may operate

the games of pull-tabs and bingo for the purposes set forth in section

6(b)(3)(A) above.

(c) Tribal-State Compacts for Class 111 Gaming Authorized.

(1) Corporate Commission Authorized. The Commission is hereby

authorized to negotiate and enter into class Ill Gaming Compacts with the State of

Minnesota to govern the conduct of class III Gaming on Band Lands. Such

Compacts and amendments thereto, other than technical amendments as

provided in section 6(c)(2) below, shall not be valid until ratified by the Band

Assembly pursuant to 3 MLBSA section 2 (f).

(2) Technical Amendments. The Commission may enter into technical

amendments pursuant to section 6.12 of the Video Game of Chance Compact or

section 7 of the Blackjack Compact or similar section of any subsequent Compact

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and such technical amendment shall not require Band Assembly approval as

provided in section 6(c)(l) above; however, the shareholders at the shareholders

meetings shall be delivered copies of any technical amendments.

(3) Regulations to be in compliance with Compacts. The Authority shall

adopt regulations to provide that such class 111 Gaming is conducted in

compliance with the terms and conditions of such Compact or amendments

thereto.

Section 7. USE OF BAND LANDS FOR GA1~~ffNG PURPOSES.

(a) Leases. Leases for all Band Lands for Gaming Activities, or related to Gaming

Activity purposes, shall be in fill compliance with all applicable laws of the United

States and the Band.

(b) Indian celebrations. The use of Band Lands for Indian celebrations or other

social events, which iu~.,ludes~ rraditionalgurnin~aspart of the celebration or oth~r social

event, shall not be subject to federal, state, or local government approval.

Section 8. HEALTE, SAFETY, AND ENVIRONMENTAL PROTECTION. The

construction and maintenance of any facility wherein Gaming Activities are conducted and the

operation of Gaming Activities authorized by this Act, or any other Band law, shall be conducted

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

shall comply with all applicable Band and federal law concerning such.

Section 9. OWNERSHIP OF GAMING. The Band shall have the sole proprietary interest

in and responsibility for conducting any class U and class III Gaming Activities authorized by

this Act, except to the e~ctent the Band may contract with and licensç,a person or entity to ow~

operate, or manage a Gaming Enterprise pursuant to the provi~ions of IGRA, any Compact(or) as otherwise permitted by applicable law.

Section 10. OWNERSHIP AND USE OF CLASS II AND CLASS III GAMING

REVENUES.

(a) Band Property

(1) All revenues generated from any class II or class III Gaming Activities

conducted by any Gaming Enterprise are the sole property of the Band, except as

provided for under the terms of any agreement made pursuant to the provisions of

IGRA, or as otherwise permitted by Band law..

(2) Any profits or net revenues from any class II or class Ill Gaming

Activities conducted by any Gaming Enterprise shall be deposited into the Band~s

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general treasury. Upon becoming part of the general treasury, such funds shall

lose any identity as gaming revenues, except to the extent necessary to identify

them as such in order to comply with applicable law.

(3) No individual tribal member shall be deemed to have any interest in such

profits or net revenues from any class II or class III Gaming Activities conducted

by any Gaming Enterprise, provided that the Band may adopt rules for

distributing gaming proceeds to Band members on a per capita basis; provided

further that such plan must meet the requirements of 25 U.S.C. seci.ion 2710

(b)(3). Payments from the general treasury funds to Band members under other

Band programs, including those related to health, welfare, education, elderly care,

and housing, shall not be deemed per capita payments.

(b) Use of Net Band Revenues. Net revenues derived from any class II or class Ill

Gaming Activities conducted by any Gaming Enterprise shall be used only for the

following purposes:

(1) To fund Band government operations or programs;

(2) To provide for the general welfare of the Mile Lacs Band and its

members;

(3) To promote Band economic development; and

(4) To donate to charitable organizations recognized by the Band.

(c) Distribution plan. There shall be no per capita payments made from any net

revenues derived from any class 11 or class Ill Gaining Activities conducted by any

Gaming Enterprise, unless the distribution plan is approvcd by the Secretary of Interior

pursuant to 25 U.S.C. section 2701 ç~ see and the payments are made in accordance with

such approved plan.

Section 11. GAMING REGULATORY AUTHORITY; ESTABLISHMENT; BOARD

OF DIRECTORS; ORGANIZATION; POWERS AN]) DUTIES.

(a) Establishment. There is hereby established as an agency of the Mule Lacs Band

of Ojibwe the Gaining Regulatory Authority (hereinafter the Authority), which has

the power and duty to regulate Gaming matters for the Band as authorized by Band law

(b) Board of Directors. The Authority shall be managed by a Board of Directors to

be known as the Authoritys Board. At all times there shall be at least one Board

Member, to be known as Member(s), on the Board from each District. The Board shall

consist of five (5) Members appointed in the manner and have the terms provided in

section 11(b)(l)..

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(1) Appointments process, terms, oath of office Each Member shall be

appointed using the following process..

(A) The Chief Executive shall nominate (2) individuals and submit

their names to the Secretary-Treasurer. Within ten (10) calendar days

after receipt of the nominations by the Secretary-Treasurer, the SecretaryTreasurer shall rati.fy one (I) of the two (2) nominees to be a Member of

the Board. Such Member shall serve until August 1, 2004. Any

subsequent appointment, other than to fill a vacancy that occurs prior to

the end of a term, shall be for four years..

(B) Each District Representative shall nominate two (2) individuals

and submit their names to the Chief Executive. Within ten (10) calendar

days after receipt of the nominations by the Chief Executive, the Chief

Executive shall ratify one (1) of the two nominees to be a Member of the

Board. Such Members shall serve until August 1, 2006. Any subsequent

appointment, other than to fill a vacancy that occurs prior to the end of a

term, shall be for four years..

(C) The Secretary-Treasurer shall nominate two (2) individuals and

submit their names to the Chief Executive. Within ten (10) calendar days

after receipt of the nominations by the Chief Executive, the Chief

Executive shall ratify one (1) of the two (2) nominees to be a Member of

the Board. Such Member shall serve until August 1, 2004. Any

subsequent appointment, other than to fill a vacancy that occurs prior to

the end of a term, shall be for four years..

(D) If the Chief Executive or the Secretary-Treasurer do not ratify one

from, any of the nominations sent to them within the time prescribed, then

the Band Assembly shall select such Member by majority vote.

(E) .11 any person does not submit a nomination within thirty (30) days

after a vacancy has occurred, then the Band Assembly shall nominate two

(2) individuals by majority vote and submit their names to the Chief

Executive for ratification to the Board. The timing and process for such

ratification are as stated in sections 1 l(b)(1)(A) and (0).

(F) No member shall take office until swearing to the oath of office

pursuant to 2 ML.BSA section 8.

(2) Qualihicatious..

(A) Members shall be individuals who are of high moral character and

integxity, who have a reputation for being honest, fair, objective, and who

are recognized as possessing sound judgment.

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Aug.19. 2U03 12:57PM Mi,I le Lacs Band tLeg~sIative). No.4598 P. 13

(B) Members may not have been convicted of a felony or any

gambling-related offense.

(C) No fewer than three Members shall be members of the Band. There

shall be at least one Board Member from each of the Bands three

Districts.

(D) Members may not be employed by any Gaming Enterprise, nor

may they gamble at any Gaming Enterprise.

(E) Members shall be subjcct to the Background Investigations and

standards for Primary Management Officials.

(3) Board Officers, Selection, Duties, Vacancies, Disqualification,

Removal.

(A) Officers

The Board shall have a Chairperson, Vice-Chairperson, and a Secretary.

(B) Selection.,

(i) Chairperson. The Chair of the Authority shall be

determined by a majority vote of the Joint Session of the Band

Assembly from one of the current Members, or, if there is a

vacancy, the individual who is appointed to fill such vacancy.

(ii) Vice-Chairperson. The Members shall select from among

their members, by majority vote, a Vice-Chairperson.

(iii) Secretary. The Board may select a Member or an

employee of the Authority to act as Secretaryof the Board. An

employee acting as Secretary at the request of the Board is not a

Board Member and has no powers of a Member.

(C) Board Duties.

(I) The Chairperson shall preside over meetings of the Board

and the Vice-Chairperson shall preside over meetings of the Board

in the absence of the Chaiiperson. The Secretary shall record in

writing the minutes of all Board meetings and all official actions

taken by the Authority, and shall notify all persons who by this Act

require notification of such official actions..

(ii) In carrying out any function under the provisions of this

chapter all Members shall be governed by the laws of the Band,

general policies of the Authority and such regulatory decisions,

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findings, and determinations as the Authority may by law be

authorized to make.

(iii) Requests or estimates for regular, supplement, or

deficiency appropriations on behalf of the Authority may be

submitted to the Band Assembly by the Chairperson with the prior

approval of the Board,.

(iv) The Chairperson shall delegate authority and assign duties

to the Director of the Office of Business Regulation and

Compliance sufficient to aid the Authority in fuLfilling its

regulatory responsibilities. Such assignment and delegation shall

comply with this Act.,

(v) Members shall serve part-time; however, the Board shall

meet a minimum of once per month or more if necessary to fulfil

their duties.

(vi) Members shall attend one or morc training seminars or

courses related to gaming regulation per year during their terms of

membership. Such seminars shall be paid by the Authority. Per

diem and other travel expenses shall be paid at the rate of a Senior

Executive Staff Band employee.

(D) Vacancies in Memberships.

(i) The Chairperson shall notify the Band Assembly and the

Chief Executive of any vacancy on the Board of Directors at least

thirty (30) days prior to the end of a term, or, in circumstances

other than the end of a term, immediately upon the knowledge that

a vacancy will occur..

(ii) If there is a vacancy on the Board, then the vacancy shall

be filled in the same manner as the vacating Member was

originally appointed.

(iii) Any Member, including the Chairperson, appointed to fill a

vacancy shall serve for the remainder of the term left vacant;

however, any Member may be re-appointed during this time period

pursuant to section ll(b)(l) of this Act.

(E) Disqualilications from Board Membership.

The following persons shall not serve as Board Members

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(1) persons in the employ of, or holding any office in or having

any business relation with, any business engaged in selling or

manufacturing any gaming products or services;

(ii) persons who own stocks or bonds in any business engaged

in selling or manufacturing any gaming products or services;

(iii) persons having any pecuniary interest whatsoever in any

business engaged in selling or manufacturing any gaming products

or services;

(iv) persons having any interest in any business engaged in

commerce with or employed by the Corporate Commission. A

Member may be engaged in other businesses, vocations, or

employment, which do not create a conflict of interest with their

duties;

(v) persons related to any Gaming Contractor licensed by the

Authority, including any principai thereof or Closely Associated

independent Contractor; and

(vi) the Chief Executive or members of the Band Assembly.

(G) Removal from Membership~.

Member may be removed by a super-majority vote of four (4) out of five

(5) members of the Joint Session of the Band Assembly. The

determination of the Joint Session is final and unappealable to the Court of

Central Jurisdiction.

(c) Orgauization.

(1) Meetings.

(A) Regular Meetings. Regular meetings of the Board shall be held at

least monthly and upon written notice. The dates of regular meetings shall

be set by official aetion of the Board.

(B) Special Meetings.. Special meetings of the Board may be called

by the Chairperson with a minimum of forty-eight (48) hours written

notice to the Board Members, by the Director with a minimum of fortyeight (48) hours written notice to the Chairperson, or by a majority vote of

the Board with forty-eight (48) hours written notice to the Chairperson.

(C) Other. Either Regular or Special meetings may be called by

petition of a majority of a quorum of the Board Members other than the

Chairperson upon forty-eight (48) hours written notice to the Chairperson.

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(2) Quorum. Three (3) members of the Board shall constitute a quorum.

(3) Voting.

(A) All actions of the Board shall be taken by majority vote.

(B) The Chairperson shall vote ony in the following circumstances

(i) to break a tie; and

(ii) if necessary, to constitute a quorum in the absence of other

Members.

(4) Compensation.

(A) Board Meetings. Members, including the Chairperson, shall be

compensated with two-hundred and fifty dollars ($250) per meeting, not to exceed

five hundred dollars ($500) in one month, except that in the case of a

demonstrated emergency, the Chairperson may petition the Secretary-Treasurer

for compensation for additional meetings. Mileage and other travel expenses will

be compensated on the same terms and conditions as apply to Senior Executive

Staff appointees as provided by Band law.

(B) Training. If Member are not Band government employees and are

required to be absent from their employment to attend mandatory training

pursuant to 11 (b)(C)(3)(vi), then Members shall be compensated at their

previously documented hourly rate of pay for each hour that they are in

attendance at such training plus mileage an other travel expenses as stated in (A)

above. ~f Members are Band government employees, then absence from

employment will not be deducted from their accrued annual leave and they will be

paid as if they were at work plus expenses as stated in (A) above..

(d) Powers and Duties of the Authority.

(1) General. The Authority shall be responsible for ensuring that all Gaming

Activities on Band Lands are carried out in compliance with the Indian Gaming

Regulatory Act, Band Gaming Laws, the Compacts and other applicable law. To

this end, the Authority shall exercise regulatory, not operational authority over

any Gaming Enterprise and Charitable Gaming. A]] management and operational

authority over any Gaming Enterprise shall remain with the Corporate

Commission separate and distinct from the Authority. The Office of Gaming

Regulation and Compliance shall provide staff and administrative support, and

office space and equipment, which shall be separate and not under the authority of

the Corporate Commission. The Authority may retain such consultants and enter

into such contracts as it may deem necessary to carry-out its duties as specified in

this Act; however, it shall not the hire employees of the Office of Business

Regulation and Compliance. In addition, as an agency of Band government, the

Page 15 of 41
Aug.19. 2Q03 12:58PM Mil le Lacs Band 1Le~islative] No.4598 P. 17

Authority shall comply with all Band laws, including the Procurement Act, for all

contracts including professional services contracts.. The Authority may bring such

actions as may be necessary to carry-out its duties, including but not limited to,

the enforcement of this Act and other Band Gaming Laws.

(2) Regulations.

(A) Power and duty The Authority shall have the power and duty to

develop, adopt and promulgate regulations regarding:

(i) licensing of Gaming Enterprises;

(ii) licensing and Background Investigations of Key Employees

and Primary Management Officials;

(iii) licensing and Background Investigations of Gaming

Suppliers;

(iv) conducting annual independent audits of all gaining

operations of the Band;

(v) permitted games and the conduct thereof;

(vi) standards and criteria for gaming machines and for testing

machines;

(vii) audio and video surveillance standards;

(viii) minimum internal cash, playing card, chip and token

control standards and procedures for gaming operations;

(ix) procedures for compliance with the Bank Secrecy Act and

applicable provisions of the Internal Revenue Code;

(x) resolving gaming related disputes involving patrons and

vendors of any Gaming Enterprise, after exhausting all remedies

available at the Gaming Enterprise;

(xi) Charitable Gaming as provided in section 6(b)(3) of this

Act;

(xii) the prevention and cure of compulsive gambling as

provided in section 16 of this Act;

(xiii) the development and maintenance of a list of excluded

Persons as provided in section 1 l(d)(9) of this Act;

Page ~6 of 41
Aug. 19. 20U3 12:58P~ Mile Lacs Band Legislative]. No.4598 P. 18

(xiv) related reporting, record-keeping, auditing, investigation

and enforcement procedures;

(rv) dispute resolution procedures, including OGR&C employee

appeals;

(xvi) reasonable fines and other penalties for violations of this

Act, Band gaming laws, the IGRA, the Compacts and other

applicable law; and

(Xvii) other activities as required by law..

(B) Rulemaking Process. The Authority shall promulgate the

regulations authorized by section 1 l(d)(2) with or without hearing

according to the notice and comment process specified herein.

(1) Notice of intent to adopt. The Authority shall give notice

of its intent to adopt a regulation by posting a copy of the notice in

the Band Government Center and the Community Centers in

Districts II and 111, and by delivering a copy of the notice by U.S.

mail or other appropriate means to the Chief Executive, the

Speaker of the Band Assembly, the Solicitor General, the

Commissioner for Administration; the Corporate Commissioner;

and the manager of any Gaming Enterprise. The notice shall

include a copy of the proposed regulation and a description of the

nature and effect of the proposed regulation. In addition, the notice

shall include the following statements~

(a) comments may be submitted on the proposed

regulation no later than thirty days from the date of the

notice; and

(b) the proposed regulation may be modified if

supported by the data and views submitted..

(ii) Review, adoption, notice of adoption. The Authority

shall review all com.ments received during the comment period,

shall make such changes to the proposed regulation as it deems

reasonable and appropriate, and shall approve the regulation by

resolution. The Authority shall, by of~ciai action, set the effective

date of the regulation and publish and post copies of a notice of

adoption ofthe regulation in the same manner as for the notice of

intent to adopt the regulation. The notice of adoption shall

summarize the final regulation and the changes to the proposed

regulation, state the effective date, and announce that free copies of

the regulation are available from the Authority. Lu addition, copies

of the notice and the final regulation shall be delivered by U.S..

Page 17 of 41
Aug.~9. 2Q~3 ~2:58P~ ~ le Lacs Band 1Legis~ativei. No.4598 P. )9

mail or other appropriate means to all Persons who were sent a

copy of the notice of intent.

(iii) Adoption is a compliance determination. Approval of

any regulation by the Authority shall be considered a Compliance

Determination for purposes of effecting an appeal pursuant to

section 13 of this Act..

(C) Initial Detailed Gaming Regulations. The Authority shall adopt

a set of Initial Detailed Gaming Regulations within 180 days after the first

meeting of all of the members of the first Authority Board. Upon approval

by the Band Assembly, such regulations shall supersede those currently

codified at 15 App.. section 1.001 through section 18.004 of the MLBSA.

The Initial Detailed Gaming Regulations shall adopted pursuant to section

11 (d)(2)(B), except that the Joint Session of the Band Assembly may act

to annul such regulations in whole or in part within sixty (60) days of

receipt by the Joint Session. Thereafter, any gaming regulation may be

annulled by statute. The regulations currently codified will remain in

effect until the sixty-day annulment period has lapsed, or for regulations

annulled by the Joint Session, until the )oint Session has granted final

approval..

(3) Monitoring and Investigation

(A) General. The Authority shall have the power and duty to monitor

and investigate:

(i) all Gaming Enterprises for compliance with the IGRA,

Band Gaming Laws, the Compacts and other applicable law and to

undertake such related investigations and enforcement actions as it

deems necessary, including, but not limited to, investigating and

evaluating the effectiveness of the Mile Lacs Band gamng

regulatory system;

(ii) to help resolve all gaming related patron and vendor

complaints that have not been resolved by agreement of a

compl~in~nt and the Gaming Enterprise;

(iii) prior to levying fines, granting, denying or suspending

licenses;

(iv) to assure compliance with the rules concerning Charitable

Gaming;

(v) to assure compliance with compulsive gambling cure and

prevention requirements;

Page l8of 41
Aug.19. 2003 12:59P~ M~I le Lacs Band ILegislative) No.4598 P. 20

(vi) to develop, maintain and enforce a list of Persons to be

excluded from Gaming Enteiptises;

(vii) and take any and all other similar action it deems to be

necessary or desirable to carry out the powers and duties

granted by this section.

(B) Scope of investigations and related activities. Any

investigations and related activities, including, but not limited to electronic

and non-electronic searches of credit histories, arrests, and judgements,

and electronic surveillance shall be strictly limited to official Authority

duties under law. Al] such investigations and related activities may be

undertaken only after review by legal counsel that the scope and subject of

any such activities complies with this Act and other applicable law.

Individuals who peifomi investigations and related activities outside the

scope of this Act and other applicable law are subject to immediate

dismissal and reasonable fines

(C) Access. The Authority shall have access to all books, files,

records, reports, and other data regarding the operation of all Gaming

Enterprises, whether in written or electronic form, as it deems necessary or

desirable to carry out its legitimate regulatory duties.

(D) Surveillance. The Surveillance Department shall be under the

control and supervision of the Authority; however, a Gaming

Enterprise shall have access to electronic surveillance output as further

defined in the Detailed Gaming Regulations

(E) Cooperation of the Gaming Enterprises with the Authority.

The Authority may:

(1) require associates of any Gaming Enterprise to compile and

provide such data and to testify as to matters within their

knowledge concerning the operation of the Gaming Enterprise; and

(ii) require the associates of any company that is managing a

Gaming Enterprise on behalf of the Corporate Commission, or any

other Person within the jurisdiction of the Band to comply and

provide such data and to testify as to matters within their

knowledge concerning the operation of the Gaming Enterprise.

(4) Licensing.

(A) General. The Authority shall promulgate regulations for granting,

suspending, and revoking licenses, which are consistent with Band law,

the 1GRA, and the Compacts regarding matters of licensure..

Page 19 of 4]
~ug.19. 2003 \2:59P~ Mi~I le Lacs Band fteglslative) No.4598 P. 21

(B) Minimum Licensing Requirements. It is the policy of the Band

t~aat all Gaming Activities and Enterprises be licensed and controlled so as

to protect the morals, good order, and welfare of Band members and other

persons on Band lands and to preserve the honesty, fairness and integrity

of such gaming activities. Accordingly, no person shall engage in any

class U or class ifi Gaming Activities on Band Lands v~ithout an

appropriate and valid independent class II or class III license issued by the

Authority. In addition, the Authority shall issue a separate license to each

place, facility, or location on Band Lands where the Band elects to allow

class II or class III gaming. The Authoxity shall perform back&ound

investigations and issue licenses for key employees and management

officials according to requirements that arc at least as stringent as those in

25 C.F.R. parts 556 and 558 which are hereby incorporated into this Act,

unless otherwise superceded pursuant to sri agreement with the NIGC. No

license shall be issued that would place the Band in violation of applicable

law or the Compacts.

(C) Mandatory Licensing Application PrOvisions and Procedures

(i) Notices to applicants.

(a) Privacy Notice. The Authority s~ha11 place the

following notice on the application form for a key

employee or a primary management official before that

form is filed out by an applicant In compliance with the

Privacy Act of1974, the following information Lcprovided:

Solicitation ofthe information on thisform is authorized by

25 US. C. 2701 et seq. The purpose ofthe requested

information is to determine the eligibility ofindividuals to

be employed in a gaming operation. The information will

be used by National Jndian Gaming Commission members

and staffwho have needfor the information in the

performance oftheir official duties. The information may

be disclosed to appropriate Federal, Tribal, Staie, local, or

foreign law enforcement and regulatory agencies when

relevant zo 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 orfiring ofan employee, the issuance or

revocation ofa gaming license, or investigations of

activities while associated with a tribe or a gaming

operation. Failure to consent to the discloswres indicated

in this notice will result in a ti-ibe s being unable to hire

you in a primary management official ofkey employee

position.

Page 20 of 41
AugJ9. 2003 12:59PM Mu le Lacs Band Le~islativeJ ~o.4598 P. 22

The disclosure of your Social Security Number (SSN) is

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

errors in processing your application.

(b) The Authority 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 any

applicant. Afalse statement on a?rypwt ofyour

application may be groundsfor not hiring you~, orforfiring

you after you begin work Also, you may be punished by

fine or imprisonment (US Code, title 18, section 1001)

(c) if there exists any key employees or primary

management officials who have filled out forms which did

not contain the notice stated in (b) above, then the

Authority shall notify in writing such employees and

officials that they shall either

(I) Complete a new application form that

contains a notice regarding false statements; or

(fl) Sign a statement that contains the notice

regarding false statements.

(ii) Information required from an applicant. Each application

for key employees and primary management officials shall request

from each applicant the following information set forth at 25

C.FR. section 556.4(a)(l)-(14).

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

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

gender, all languages (spoken or written);

(b) Cuz~ently and for the previous 5 years: business and

employment positions held, ownership interests in those

businesses and residence addresses, and drivers license

numbers;

(c) 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

residcnØe listed under paragraph (2) of this section;

(d) Current business and residence telephone numbers;

Page2lof 41
A~g.l9. 2~O3 :0OPM Mile Laos Band Legislative]. No.4598 P. 23

(c) A description of any existing and previous business

relationships with Indian tribes, including ownership

interests in those businesses;

(f) A description of any existing and previous business

relationships with the gaming industry generally, including

ownership interests in those businesses;

(g) 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 gaining, ~thether or not such

license or pennit was granted;

(Ii) For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name and

address of the court involved, and the date and disposition

if any;

(i) For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations) within 10 years of the date of the application,

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

disposition;

(j) For each criminal charge (excluding minor traffic

charges) whether ofnot 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;

(k) 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

(1) A photograph;

(m) Any other information the Authority deems relevant,

and

(n) Fingerprints consistent with procedures adopted by the

Band according to 25 CFR. section 522.2(h).

(iii) Mandatory Licensing Procedures

Page 22 of 41
Aug. ~9. 2003 1 :O9P~ M~ le Lacs 8a~d Legis~ative1 No.4598 P. 24

(a) Fingerprints. Fingetpxints of each applicant for the

position of key employee or primary management official

will be taken by the M.ille Lacs Depariment of Justice and

sent to Minnesota Gambling Enforcement in accordance

with the Tribal-State Compact. Minnesota Gambling

Enforcement will send the fmgerprint cards to the FBI for a

check of criminal history records infoimation maintained

by the FBI and return the results back to the Band,

(b) Reporting to the NIGC

(1) Whcn the Band employs a primary management

official or a key employee, the Band shall forward

to the Commission a completed application

containing the information listed under section

556.4(a)(l)-(13) of 25 C.F.R

(fl) Before issuing a license to a primary

management official or to a key employee, a tribe

shall forward to the Commission an investigative

report on each background investigation. An

investigative report shall include all of the

following:

I. Steps taken in conducting a background

investigation;

2. Results obtained;

3. Conciusions reached; and

4. The bases for those conclusions..

(UI) When the Band forwards its report to the

Commission, it shall include a copy of the

eligibility determination made under 25 C.F..R. part

558,2~~

(IV) If the Band does not license an applicant

1. The Band shall notify the Commission; and

2. May forward copies of.its eligibility

determination under 25 C.F.R. part 558.2 and

investigative report (i.f any) under 25 C.F.R.. part

556.5(b) to the Commission for inclusion in the

Indian Gaining Individuals Record System.

(V) When a key employee of a primary

management official begins work at a gaming

operation the Band shall:

1. Forward to the Commissioh a completed

application for employment that contains the notices

Page 2.3 of 41
Aug.19. 2003 1 :O0P~1 MH le Lacs Band {Legislat~e1. No.4598 P. 25

and information listed in 25 C.F.R parts 556.2,

556.3, and 556.4; and

2. Conduct a background investigation under 25

C.F~R. part 556 to determine the eligibility of the

key employee or primary management official for

continued employment in a gaming operation..

(VI) Upon completion of a background

investigation and a determination of eligibility for

employment in a gaming operation under 25 C.F.R.

558.3(a)(2), the Band shall forward a report under

25 C.F.R. 556.5(b) to the Commission within 60

days after an employee begins work or within 60

days ofthe Chairmans approval of an ordinance

under 25 CF.R part 523. A gaming operation shall

not employ a key employee or primary management

official who does not have a license after 90 days.

(VII) During a 30-day period beginning when the

Commission receives a report submitted under 25

C.FR. 55 8.3(b), the Chairmari~may request

additional information from a tribe concerning a

key employee c a priniarj management officia]

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

suspend the 30-day period until the Chaimian

receives the additional infosmation.

(c) Granting a gaming license

(1) If, within the 30-day period described in 25

C.F.R. 558.3(c) of this part, the Commission

notifies the Authority that it has no objection to the

issuance of a license pursuant to a license

application filed by a key employee or a primary

management official for whom the Band ha~

provided an application and investigative report to

the Commission pursuant to 25 C.F.R. parts

558.3(a) and (b), the Band may go forward and

issue a license to such applicant.

(II) 1f within the 30-day period described in 25

C.F.R. part 558.3(c), the Commission provides the

Authority 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 Commission pursuant to 25 C.F.R. parts

Page24of 41
Au&.19. 2003 1 :O1PM Mi Ie Lacs Band fte~isIative} No.4598 P 26

558.3(a) and (b), the Authority shall reconsider the

application, taking into account the objections

itemized by the Commission. The Authority shall

make the final decision whether to issue a license to

such applicant

(d) License Suspension

(I) If, after the issuance of a gaming license, the

Commission reôeives reliable information

indicating that a key employee or a primary

management official is not eligible for employment

under 25 C.F.R. part 558.2, the Commission shall

notify the Authority that issued a gaming license..

(fl) Upon receipt of such notification under (I) of

this section, the Authority shall suspend such

license and shall notify in writing the licensee of the

suspension and the proposed revocation..

(Ill) The Authority shall notify the licensee of a

time and a place for a hearing on the proposed

revocation of a licensee.

(IV) After a revocation hearing, the Authority shall

decide to revoke or to reinstate a gaming license.

The Authority shall notify the Commission of its

decision.

(e) Standard for license denial

(1) If the Authority, in applying the standards

adopted in this ordinance, determines that

employment of a person poses a threat to the public

interest or to the effective regulation of gaming, or

creates or ei~hanees the dangers of unsuitable,

unfair, or illegal practices and methods and

activities in the conduct ofgaming, the Authority

shall iot employ that person in a key employee or

primary management official position.

(I)) Licensing a privilege.~ Any gaming license, or finding of

suitability or approval, which is issued by the Authority, shall be deemed a

privilege subject to suspension or revocation.

Pa~e25 of 41
Aug.19. 2003 1:01PM Mu le Laos Band Legislative]. No.4598 P. 27

(E) Burden on Applicant. The burden of proving an applicantts

qualification to receive any license hereunder is at all times on the

applicant. Applicants must accept any risk of adverse public notice,

embarrassment or other action which may result from the application

process and expressly waive any claim for damages as a result thereof.

(F) Applicant Claim of Privilege. An applicant may claim any

privilege afforded by law in connection with a gaming license application

or investigation, but a c)aim of privilege with respect to any testimony or

evidence pertaining thereto may constitute sufficient grounds for denial,

suspension or revocation.

(G) Release of Information. All persons applying for a license shall

agree to release all information necessary in order for the Authority to

achieve its goals under his Act, and to furnish such infonnation to the

Bureau of Indian Affairs, the National Indian Gaming Conimi~sion, or

such other governmental agency as may be required by law or the

Compact.

(H) License Investigations. The Authority may employ all reasonable

means, including engaging outside services and investigators, and

convening hearings, to acquire the information necessary to determine

whether or not a license should be issued, suspended or revoked.

Applicants and licensees shall also agree to release all information

necessary in order for the Authority to achieve its goals under this section

and to furnish such information to the Authority, the National Indian

Gaming Commission or other agency as may be requfred by law or the

Cbmpact. In conducting a background investigation, the Authority and its

agents shall promise to keep confidential the identity of each person

interviewed in the course of the investigation.

(1) License Fees. All Gaming Enterprises or persons applying for a

license or the gaming enterprise associated with the license applicant shall

be required to pay all applicable license fees and costs when due,

including a reasonable deposit for costs incurred in obtaining information

in connection with the license application, unless specifically waived in

advance by the Authority. Estimates of licensing costs shall be provided

to applicants within a reasonable period of time after a request is made.

The Authority prior to issuing of the license must receive all fees and

costs; unless otherwise provided for in advance. Such fees shall be

included in the Initial Detailed Gaming Regulations:

(J) Appeals. All customers, vendors, licensees, and persons who have

been denied a license, or had their license suspended or revoked, may

appeal pursuant to the procedures detailed in this Act and the Detailed

Gaming Regulations.

~Al
Aug.19. 2003 1 :01PM Mi le Lacs Band lLe&islat lye] . No.4598 P. 28

(5) Compliance Determmations. The Authority shall convene to consider a

Compliance Recommendation ~vithin ten (10) days of its receipt from the Director

as required by section 12(b)(2), unless, only for issues of licensing, the Authority

has received notice of intent to appeal directly to the. Court of Central Jurisdiction

from the person who has received notice of an adverse licensing recommendation.

In addition to the Compliance Recommendation, the Authority may consider any

oral or written comments offered by the parties that the Authority deems to be

relevant. The Authority may consider any additional information it determines to

be necessary and appropriate to reaching a determination. All information

considered by the Authority shall become part of the official record of the

proceedings. Based on substantial evidence contained in the official record, the

Authority shall make a Compliance Determination by acóepting, rejecting or

modifying the Compliance Recommendation. The Authority shall clearly state on

the record its decision and the reasons therefOr. Compliance Determinations shall

be effective on the date made, unless the Authority establishes a different

effective date. In arriving at any Compliance Determination, the Authority may

employ the services of a Hearing Examiner to either make a recommendation for

a Compliance Determination or to issue a Compliance Determination on behalf of

the Authority.

(6) Independent Audits. Annual outside auditing by a recognized

independent accounting firm shall be conducted of each Gaming Activity for

compliance with Band gaming laws, the IGRA, and the Compacts, and the results

thereof reported to the Chief Executive, the Band Assembly, and to the extent

required by law, the Bureau of Indian Affairs and the National Indian Gaining

Commission or another entity. In addition, such audits shall include all contracts

related to class II or ifi gaming, which are in excess of $25,000, and any other

contract of a lesser amount at the discretion of the Authority.

(7) Enforcement. Any enforcement action taken shall be fair and reasonable

wider the circumstances, shall be proportionate to the violation, and shall be

desi~ied to promote the goals of correction and improvement, unless the violation

is such that correction and improvement is not possible. Any enforcement action

taken by the Authority must be related to its gaming regulatory function. Any

such enforcement action shall be considered to be a Compliance Determination

and as such, is appealable pursuant to section 13 of this Act. In a manner provided

by regulation, the Authority may hold such hearings, make such findings, and

issue such orders as may be necessary to enforce Band Gaming Laws, the IGRA,

the Compacts and other applicable law, including but not limited to:

(A) revoking or suspending any license issued to an individual,

Gaming Supplier, or Gaming Enterprise as allowed by this Act;

(B) imposing civil fines reasonably proportionate to the activity being

punished. Such monies shall be deposited in the Bands general fund. A

fine schedule including minimum and maximum fine amounts shall be

included in the Initial Detailed Gaming Regulations; and
Aug.~9. 2~3 :~2P~ ~iI le Lacs Band (Le~is~ativei No.4598 P. 29

(C) adding a Person to a list of Persons excluded from Gaining

Enterprises.

(8) Limitations on Actions. Any enforcement action of Authority or order of

the Court of Central Jurisdiction pursuant to any appeal shall be limited as

follows

(A) The Authority is not authorized to order the cessation of operations

of a Gaming Enterprise. Such an order for cessation of operations of a

Gaming Enterprise may only occur upon;

(1) recommendation by majority vote of the Authority to the

Joint Session of the Band Assembly that a Gaming Enterprise be

closed citing the specific cause for which closure is being

recommended and the conditions under which the cause of closure

shall be determined remedied, thereby allowing the reopening of

the Gaming Enterprise; and

(ii) a Super-majority vote of four (4) out of five (5) members of

the Joint Session of the Band Assembly ordering closure of a

Gaming Enterprise ci~ng the specific cause for which closure is

being recommended and the conditions under which the cause of

closure shall be determined remedied, thereby allowing the

reopening of the Gaming Enterprise.

(B) All claims by patrons against a Gaming Enterprise shall be limited

to a maximum recovery of $10,000 per claim and a cumulative unit of

$20,000 per patron per year regardless of the number of claims~

(C) All claims by Vendors or Gaming Suppliers against a Gaming

Enterprise shall be limited to the amOunt of the contract between the

Vendor or Gaming Supplier and the Gaming Enterprise that is the subject

matter of the claim. However, this provision is subject to the existence of

an effective waiver of sovereign immunity pursuant to Band statutes.

Under no circumstances shall punitive or other damages, costs, and fees be

ordered.

(1)) All claims involving denial, suspension or revocation of a gaming

license shall be limited to an award of speci.fic performance of granting or

reinstating such ]icens~. No monetary award shall be awarded on a license

claim.

(9) Excluded Persons.

(A) Exclusion List; Creation; Effect.. Subject to the criteria and

procedures of this section, the Authority shall establish and maintain an

~~___ e ~ ~
Aug.19. 2003 1 :O2PM ~i lie Lacs Band Legisiativej No.4598 P. 30

Exclusion List. Individuals whose names appear on the Exclusion List

shall not be allowed to enter any Gaming Enterprise or participate in any

class II or class 111 Gaming operated by any Gaming Enterprise whether

on behalf of the Band or an Indian Charitable Organization.

(B) Duty to Exclude. It shall be the duty of the Commissioner and the

manager of each Gaming Enterprise to exclude or eject from a Gaming

Enterprise any Person whose name appears on the Exclusion List. Any

associate of a Gaming Enterprise who knows or has reason to know that

an excluded Person has entered or is attempting to enter a Gaming

Enterprise shall be responsible fpr notifying appropriate staff and taking

such other action as is within the scope of the associates authority and

responsibility to exclude or eject such Person.

(C) Distribution and Availability of Exclusion Lists.

The Authority shall maintain a list of Persons to be ejected or excluded

from Gaming Enterprises. It shall be the duty of the manager of each

Gaming Enterprise to infonn the Commissioner in writing of the name of

each Person who the manager reasonably believes meets the criteria for

placement on the Exclusion List as established by (D) below. The

Commissioner, in turn, will provide such names to the Director. The list

shall be distributed to each Gaming Enterprise. The list shall be made

available to law enforcement agencies if Droperly subpoenaed or upon

request based upon a documented law enforcement need for the list. The

following inIbrmation, to the extent known, shall be provided for each

excluded Person:

(1) the full name, date of birth, and all alias;

(ii) a physical description;

(iii) the effective date the Persons name was placed on the list;

(ivy a photograph, if available;

(v) the Persons occupation and his current home and business

address;

(vi) the specific reason for exclusion;

(vii) the date, if any, exclusion will expire; and

(viii) such other information as may be deemed necessary by the

Director or the Authority.

PAO-v ~Q of 41
Aug. ~9. 2033 1 :O2pM Mi le Lacs Band Legislati~el ~o.4598 P. 31

(I)) Criteria for Exclusion or Ejection and Placement on an

Exclusion List.

The Authority may, based upon the recommendation of the Director, or

the Director by Emergency Enforcement Order subject to the provisions of

section 12(b)(3), place a Person on the Exclusion List pending a hearing

by the Authority if:

(i) such Person has been convicted of a felony in any

jurisdiction, any crime that brings into question the persons

honesty and integrity, including, but not limited to shoplifting,

theft, robbery, burglary, embezzlement, conspiracy to commit a

crime, or of a gambling related crime;

(ii) such Person has violated or conspired to violate any

provisions of the Indian Gaming Regulatory Act, Band Gaming

Laws, the Compacts and other applicable law;

(iii) such Person has a notorious or unsavory reputation which

would adversely affect public confidence and trust in gaming. The

list of which acts constitute such reputation shall be included in the

initial Detailed Gaming Regulations;

(iv) his or her name appears on any valid and current Exclusion

List from another jurisdiction and the reason for exclusion from

such otherjurisdiction would also be likely to cause exclusion

from Band Gaming Enterprises;

(v) pursuant to section 15(f), the Person requests to be

excluded, by means which allows the Authority to positively

identify the person, due to a demonstrable gambling prcbleni..

(E) Procedure for Entry of Names.

(1) The Director of the Office of Business Regulation and

Compliance shall investigate all matters concerning whether or not

a Person should be placed on the Exclusion List. Upon a

detenxünation that a Person satisfies any of the criteria listed in

Section 11 (d)(9)(D) the Person shall be deemed a candidate for

exclusion, and the Director shall prepare and submit a Compliance

Recommendation as to whether the Persons name should be added

to the Exclusion List and forwarded to the Authority for action.

such recommendation shall include the identity of the candidate

and the nature and scope of the circumstances or reasons that such

Person should be placed on the Exclusion List. Pursuant to section

12(b)(2)(B), notice of the recommendation must be given to the

Person who is the subject of the recommendation and that Person

~A ..~4 Al
Aug. 19. 2003 :O3PM Mile Lacs Band Legislative] .

No.4598 P. 32

must be informed of the opportunity to offer oral or written

testimony to the Authority concerning the recommendation.

(ii) If the Authority or subsequent review by Court of Central

Jurisdiction finds in favor of the candidate or excluded Person,

then his or her name shall be removed from the excluded list and

his or her exclusion shall be terminated as of the date of the action

by the Authority or the Court of Central Jurisdiction. If the finding

is against the candidate or excluded Person, then his or her name

shall be placed on the Exclusion List. If no hearing is requested,

then the Persons name shall be placed on the Exclusion List.

The Authority may place a Person on the Exclusion List either

pcrmanently or temporarily. If a Person is placed on the Exclusion

List temporarily, then the Authority shall clearly state the period of

time that the Person will be on the Exclusion List.

(F) Removal from the Exclusion List. Any Person who has been

placed on the Exclusion List may petition the Authority in writing, not

more frequently than annually, that his or her name be removed from the

list

(G) Confidential Data. The Exclusion List shall be classified as

Confidential Limited Availability Data.

(H) Immediate Removal of Disorderly Persons. A Gaming

Enterprise may immediately remove and bar re-entry of any Person who

engages in, or is reasonably believed likely to engage in, disruptive,

unruly, or any other behavior which presented a danger to the health,

welfare, morals, or the public peace. The manager of the Gaming

~nteiprise may seek to have such a removed and barred individual placed

on the Exclusion List.

(10) Regulatory Role. The Authority is to serve in a regulatory role, not in an

operations role in connection with Gaming Activities conducted by any Gaming

Enterprise. The scope of the Authoritys authority is limited strictly to the powers

and duties speci.fi~ally enumerated in section 11(d) of this Act.

(e) Budget. The Authority and the Office Of Gaming Regulation and Compliance

(OGR&C), as established in section 12 below, shall have budget and expenditure

authority independent of gaming operations. Fuiiding for the Authority and OGR&C shall

be adequate to allow the Authority and OGR&C to perform the task of gaming

regulation. Such funding for the Authority and OGR&C shall conform to Band

appropriation laws and shall not be reliant on the discretion of any management official

of a Gaming Enterprise who is subject to regulation of the Authority.

~ ....~ 41
2UB3 1 :U3P~ M,i le Lacs Band ftegislative). No.4598 P. 33

Section 12. OFFICE OF GAMING REGULATION ANT) COMPLIANCE (OGR&C);

DI1~ECTOR OF GAMING REGULATION AN]) COMPLIANCE.

(a) Establishment; Appointment; Qualifications; Removal and Suspension.

(1) Establishment. There is hereby established the Office of Gaming

Regulation and Compliance (OGR&C) which shall be under the management

and supervision of the Director, but subject to the ultimate control of the

Authority Board.

(2) Appointment of the Director. The Director shall be appointed by the

Board by majority vote and shall report to the Board as the Board requires~

(3) Qualifications, The Director shall possess the following qualifications:

(A) experience and training in management arid regulatory

enforcement of sufficient scope, depth and relevancy to enable him/her to

direct the work of the OGR&C;

(B) high moral character with no conviction for a felony or any

gambling-related offense;

(C) freedom from any conflict of interest created by outside business

interest or occupation; and

(D) licensure as a Primary Management Official.

(4) Removal, suspension. The Director may be removed for cause as

manifest by a Super-majority vote of four (4) out of five (5) of the Board

Members including the Chairperson. Lu addition, if the Director is charged in any

competent jurisdiction with a felony or any gambling related crime, the

Chairperson shall immediately suspend the Director with or without pay until the

charges have been resolved.

(5) Vacancy, If there is a vacancy for any reason, then the Chairperson shall

immediately appoint a Interim Director, until the Board convenes to appoint a

Director.

(b) Powers and Duties.

(1) Director..

(A) Staff. The OGR&C shall provide staff, administrative arid office

support to the Authority. The Director shall appoint onc or more Gaming

Compliance Officers, to whom he or she may delegate certain duties of the

Director, and hire such other employees or consultants as may be

Pare 32 of 41
AugH9. 2~3 :U3PM Mi e Lacs Band ILegislativd No.4598 P. 34

necessary to perform the duties as set forth herein. All employee

suspensions and terminations are appealable to the Authority Board.

(B) Day-to-day operations. The Director shall be responsible for the

day-to-day operations of the OGR&C, subject to the authority of the

Board, including:

(i) enforcement of all applicable gaming laws and regulations

at all Gaming Enterprises;

(ii) investigations of any matter within the scope of authority of

the Authority as described in section. 11 of this Act, including but

not limited to performing or causing to be performed background

investigations necessary to detennine if any applicant for a

Primary Management Official, Key Employee or Gaming

Supplier license required by this Act, or the gaming regulations

adopted by the Authority, meets the applicable licensure criteria;

(iii) assisting the Authority in defending all decisions where an

adversely impacted license applicant files an appeal to such

adverse decision.

(iv) investigating and evaluating the effectiveness and

efficiency of the MUle Lacs Band gaming regulatory system and

recommending changes;

(v) investigating and monitoring all Gaming Enterprises for

compliance with the IGRA, Batid Gaming Laws, the Compacts and

other applicable law upon receiving any credible report of a

violation of gaining statutes or regulations, or at random or

periodic intervals, with or without prior notification to the

management or associates of the subject Gaming Enterprise;

(vi) investigating all gaming related patron and vendor

complaints concerning a Gaming Enterprise that have not been

resolved between the complainant and the Gaming Enterprise afler.

full exhaustion of attempts to amicably settle the matter and make

a Compliance Recommendation to the Authority concerning the

matter;

Pape 13 nf 41
Aug.19. 2~U3 1 :U4PM ~1i le Lacs Band Legislative]. No.4598 P. 35

(vii) investigating and monitoring all Gaming Enterprises for

compliance with compulsive gambling cure and preventIon

requirements;

(viii) investigating and monitoring for compliance with all rules

concerning Charitable Gaming;

(ix) investigating, monitoring and assisting in all matters

concerning the maintenance and enforcenient of a list of Persons to

be excluded from Gaining Enterprises;

(x) at the request ofthe Authority, assisting the Authority in:

(a) the execution of any authorized enforcement

actions;

(b) the preparation and defense of any appeal taken

from any Compliance Determination and

(c) the preparation of the annual budget which is to be

submitted to the Band Assembly for direct appropriation

for Authority activities; and

(xi) hiring and supervising the Gaming Compliance Officers

and other personnel of the OGR&C;

(C) Access to data and fiks of 2ny Gaming Enterprise. The

Director shall have access to all areaS, records, flies and data of any

Gaming Enterprise, and may interview any associate of any Gaming

Enterprise with respect to matters relating to the operation of any Gaming

Enterprise without first notifying the associates supervisor or any other

employee of any Gaming Enterprise, and shall have access to the results of

Background Investigations carried out pursuant to section 11 of this Act or

the gaming regulations adopted by the Authority.

(D) Gaming Compliance Officers. Gaming Compliance Officers

shall be considered Key Employees for purposes of Back~oUnd

Investigations and licensing. Gaming Compliance Officers shall be

responsible for performing investigations and otherwise assisting the

Director in carrying out the duties specified herein. The Director may

delegate to Gaming Compliance Officers any of the Directors powers and

duties, except the power to appoint Gaming Compliance Officers.

(E) Security of records and access to offices. The OGR&C shall

take all measures necessary to safeguard and frack records. in

addition access to the of&es of the OGR&C shall be sthctly

Page34of 41
Aug. 19 2~U3 1 :~4PM Mi le Lacs Band fte~isIative1 ~o.4598 P. 36

controlled to assure security and maintain adequate separation Of gaming

regulation and gaming operations

(2) Compliance Recommendations, notice, time and content

(A) Compliance Recommendation. The Director shall submit a

Compliance Recommendation to the Board Members and the persons

stated in (B) below, which shall summarize the facts and state whether or

not~the license should be granted, suspended, or revoked, whether or not

the documented practices and procedures satisfy the relevant statutes and

regulations, and recommend appropriate corrective, enforcement, or other

responsive action.

(B) Notice, time, content. The Director shall submit the written

Compliance Recommendation within five (5) days to each Board Member,

the Corporate Commissioner, the licensee or license applicant if the

Compliance Recommendation involves a license denial, suspension, or

revocation, and any vendor or patron who is the subject of a Compliance

Recommendation for each investigation carried out pursuant to section

I l(d)(4)(G) of this Act The notice shall state that the Compliance

Recommendation will be heard by the Authority Board prior to issuance

of a Compliance Determination pursuant to section II (d)(5) and contain a

copy of the Authoritys procedures for issuing of a Compliance

Determination. In addition, the notice shall state that all parties have the

right to counsel at the partys own expense, the right to appear before the

Authority, the right to review the record upon which the initial

Compliance Recommendation was made, and may supplement the

record with additional information if deemed relevant by the Board.

(3) Emergency Enforcement Orders. If the Director finds that there is an

immediate threat to Band assets, or that probable cause exists to believe that a

crime has been, or is about to be committed, the Director may, by emergency

order, immediately impose any legitimate reguiatoiy enforcement and/or

corrective action within the scope of the Authoritys authority which is

proportional to the harm such emergency order seeks to remedy. Emergency

orders shall be in writing, and the Director shall immediately forward any such

order, along with a supporting Compliance Recommendation to the Authority and

the Corporate Commissioner in the manner provided by section 11 (d)(9XD) of

this Act. The Authority shall act on any such order and Compliance

Recommendation in the same manner as provided in section 11 (d)(9)(E) of this

Act, except that it shall convene to consider the order and Compliance

Recommendation within three (3) days of having received the emergency order

and supporting Compliance RecommendatIon. In any such proceeding, the

Compliance Determination of the Authority shall supersede the Directors

emergency order..

Page 35 of 41
Aug.19. 2003 1 :04P~ M~i le Lacs Band ILegislative) No.4598 P. 37

(c) Regulatory Role. The OGR&C is to serve in a regulatory role, not in an

operations role. As such, the scope of the Directors authority is limited strictly to the

powers and duties specifically enumerated in sectionl2 of this Act and to those powers

and duties specifically granted to the Authority in sectiOnl 1 of this Act, which have been

specifically delegated to the Director by the Authority, including those limitations of

actions described in section 11 (d)(8) of this Act.

Section 13. APPEALS.

(a) W~o niay AppeaL

(1) A Person who has been denied reversal of an adverse Compliance

Recommendation or denied any other relief requested from the Authority may

appeal such Compliance Determination or final enforcement order to the Court of

Central Jurisdiction..

(2) A Person who has received a Compliance Recommendation that

recommends a license denial, suspension, or revocation may directly appeal to the

Court of Central Jurisdiction.. If a person takes such action, then he or she

waives any right to receive a Compliance Determination from the Authority.

(b) Effecting an Appeal. Any appeal shall be filed with the Court of Central

Jurisdiction and must be filed within twenty (20) days after the date of the issuance of a

Compliance Determination, final order, or a Compliance Recommendation that denies,

suspends, or revokes a license.

(c) Procedure on Appeal; Standard of Review.

(1) The Court of Central Jurisdiction shall sit ~thout a jury, confine its

review to the Authority record, and apply an abuse Of discretion standard. The

filing of briefs and oral argument must be made in accordance with the Band rules

governing civil cases.

(2) The COurt of Central Jurisdiction may affinn the Compliance

Determination or order of the Authority, or it may remand the Oase for further

proceedings, or reverse the Complianôe Determination or order if the substantial

rights of the petitioner have been prejudiced because the decision is~

(i) in excess of the statutory authority or jurisdiction of the Authority;

(ii) made upon unlawful procedure;

(iii) unsupported by any evidence; or

(iv) plainly in error.

Page36of 41
Aug.19. 2UU3 1 :~5P~ ~,j He Lacs Band Legislative] No.4598 P. 38

Section 14. DATA PRIVACY.

(a) General Rule. AU Authority Data shall be public unless classified by a Ban~1

statute, regulation or order, or by federal law, as Con~dential Data; The Authority shall

adopt and promulgate detailed and thorough rules pursuant to data privacy in its InitIal

Detailed Gaining Regulations.

(b) Confidential Data.

(1) Confidential Limited Availability Data. The following Authority Data

shall be Confidential Limited Availability Data under these restrictions:

(i) Background Investigations Information; available only in a case

where information revealed through a Background Investigation is, in

whole or in part, the basis for an adverse decision regarding a license

applicant or license renewal. The information contained in such

Background Investigation shall be made ava~ilable to the license applicant

or thc Person seeking license renewal if so requested;

(ii) Confidential Financial Information;

(j1j) Comp].iance Recommendations Information; available only to the

extent that the Authority adopts a Compliance Recommendation or

accepts the record developed by the Director supporting a Compliance

Recommendation, all information so accôpted or relied upon shall be

public;

(iv) Personnel Data; and

(v) whether or not a Person is on the Exclusion List; however, limited

only to the receipt of such information by the Person who is on the

Exclusion List or hislher agent pursuant to 25 C.RR section 5l5~8.

(2) Confidential Restricted Availability Data. The following Authority

Data shall be Confidential Restricted Availability Data under these regulations:

(1) Financial Information on a Gaming Enterprise;

(ii) Information on a Pending Compliance Recommendation;

(iii) Information on a Pending License Application;

(iv) Security Information; and

(v) Trade Secret Information.

Page 37 of 41
Aug.19. 2003 1 :05P~ ~ le Lacs Band ILegislativej. No.4598 P. 39

(C) Temporary Classification.

(1) Authority. The Authority may, on its own motion or at the request of the

Director, temporarily classify Authority Data as Confidential Data if it detennines

that:

(I) the data for which the temporary classification is sought has been

treated as private or confidential by the Corporate Commission or other

agencies of Mule Lacs Band Government or by the federal government; or

(11) a compelling need exists for immediate temporary classification,

which~if not granted could adversely affect the public interest or the

health, safety or well-being of the subject of the data~

(2) Ratification. No later than July 1 of each year the Authority shall submit

all temporary classifications then in effect to the Corporate Commissioner for

review. The Corporate Commissioner may comment on the classification a~d the

Authority shall consider the comments of the Corporate Commissioner in

reaching its decision. LI the Corporate Commissioner fails to act by July 1 of the

year following the submission of a temporary classification hereunder, then the

classification shall thereupon expire.

(d) Information Sharing.

(1) AUthority. The Authority may, on its own motion or at the request of the

Director, share information with any regulatory agency of another gaming

jurisdiction or any law enforcement agency where it is determined that sharing

such information is in the best interest of the Band, where the agency with whom

the information is to be shared assures that the shared information will remain

confidential, if the other gaming jurisdiction agrees to share such inibrmation with

the Band, and if sharing the information is not contrary to any applicable law.

Section 15. COMPULSWE GAMBLING

(a) Policy. While gambling is an enjoyable form of entertainment for most people,

the Mule L.acs Band recognizes that some people may have difficulty with keeping their

gambling within reasonable limits. The Band is committed to helping these people to deal

constructively with their actual or potential gambling problems, and in furtherance of this

goal it has established the Mule Lacs Problem Gambling Prevention Program described

in this section.

(b) Program Content and Responsibility. The Problem Gambling Prevention

Program shall consist of the following elements: (1) a referral system; (2) associate

training; (3) patron information and education; and (4) exclusion.. The Director, in

consultation with the Commissioner of Corporate Affairs subject to the review and

?age38 of 41
Aug19 2003 1 :U5P~1 ~i lie Lacs Band Le~s!ative] Mo4598 P 40

approval of the Authority, shall develop and update as necessary a Problem Gambling

Prevention Program. The Commissioner, subject to the oversight of the Director, shall

implement the program in all Gaming Enteiprises.

(c) Counseling Resources; Referrals. The referral system of the Problem Gambling

Prevention Program shall be based on a current, computerized directory of organizations

and individuals that have a reputation for providing effective assistance for individuals

with gambling problems. The system shall include a process for referring patrons who

seek help with such problems to resources listed in the directory and for encouraging

them to take advantage of such resources

(d) -

Associate Training. Problem Gambling Prevention Training shall be provided to

all casino associates who have regular contact with patrons. This training program,

which shall be provided as part of the associate orientation program and require

subsequent periodic in-service refreshers, shall include but not be limited to the

following:

(1) a description of the Problem Gambling Prevention Program;

(2) the nature, extent and effects of compulsive gambling;

(3) how to recognize the warning sign.s of potential and actual gambling

problems; and

(4) techniques for intervening constructively with problem gamblers.

(e) Patron lafonnation and Education. Patrons shall be provided information on

the Problem Gambling Prevention Program by signs and in promotional materials as

provided in this section.

(1) Signs. Signs that clearly and in plain language inform patrons about how

to obtain assistance in dealing with gambling problems shall be prominently

posted at the following locations in each Gaming Enterprise:

(A) at each entrance and exit;

(B) at any check cashing facility within the Gaming Enterprise;

-

(C) neaz any ATM cash machines at the Gaming Enterprise; and

(1)) any other locations as determined by the Commissioner of

Corporate Affairs.

(2) Promotional Material. The Problem Gambling Prevention Program shall

contain guidelines and suggestions for including messages about responsible

gambling, the need to get help for problem gambling behavior, and the sources of

such help. The Direttor shall monitor the promotional materials and campai~s

Page 39 of 4~
Aug.19. 2003 1 :O6PM ~i I le L~cs Band 1Leg~slat~e]. No.4598 P. 41

of each Gaming Enterprise to ensure that s~uch me~sages are being included to the

extent appropriate and, in cooperation with the Commissioner take such action as

may be necessary to correct any deficiencies in this regard.

(1) Exclusion. At the request of a patron who states that he or she may have a

gambling problem, or at the request of an immediate family member of a patron who

alleges that the patron has a gambling problem, the patronts name may be a&Ied to the

Exclusion List established pursuant to section 11 (d)(9)(D)

Section 16. PROEIBITED ACTIVITIES.

(a) Minors prohibited. It shall be unlawful for any adult to allow a person under the

age of eighteen (18) years to participate in Gaming Activities at a Gaming Enterprise, or

for such minor to participate in Gaming Activities at a Gaming Enterprise.

(b) Cheating prohibited. It shall be unlawful to conduct or participate in any

gaming in a manner which results in cheating, misrepresentation, or other disreputable

tactics which distract from a fair and equal chance for all participants, or otherwise

affect~ the outcome of the game.

(c) Sale and consuinptioii of alcoholic beverages. The sale of alcoholic beverages

shall not be allowed at any Gaming Enterprise, unless snecifically authorized by Band

Statute and properly licensed pursuant to applicable Band, federal, and state law.

(d) Extension of credit prohibited. Extension of credit in any form shall not be

allowed at any Gaming Enterprise, unless sp~cifica1ly authorized by Band Statute and

properly licensed pursuant to applicable Band, federal, and state law

Section 17. SEVERABILITY, if any provision or application of this Act is determined by

judicial review to be invalid, such determination shall not be held to render such provision

inapplicable to other persons or cir~unistances, nor shall such determination render invalid any

other provision of this Act.

Page4Oof 41
No.4598 P. 42

Aug.19. 2q03 M~i e Lacs Band ~LegisIat~ve).

Ordinance 44-03

Introduced to the Band Assembly on this

Nineteenth day of August in the year

two thousand three.

Passed by the Band Assembly on this

Nineteenth day of August in the year

two thousand three

APPROVED

Date~L2L~is~,(.4t i~ ~oo3

0

.

i4&~

Melanie Benjamin, Chic~J~xecutive

OFFICIAL SEAL OF TUE BAN)

~erb Weyaus, Speak~7f the Assembly

Page 41 of 4]