NP 96590

RESOLUTION

SF~ 2 0 ~

WHEREAS, the Nez Perce Tribal Executive Committee has been

empowered to act for and in behalf of the Nez Perce Tribe, pursuant

to the Revised Constitution and By-Laws, adopted by the General

Council of the Nez Perce Tribe, on May 6, 1961 and approved by the

Acting Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, the Nez Perce Tribe is a sovereign nation with the powers

and sovereign rights of tribal governments to regulate

activities and enforce laws on Indian lands; and

WHEREAS, the Nez Perce Tribe retains all rights that were not

expressly relinquished including rights to regulate

gaming on Indian lands; and

WHEREAS, the Nez Perce Tribal Executive Committee (NPTEC) adopted

a gaming ordinance, as set forth in resolutions NP

89232, NP 9444, NP 95-102, NP 95102(amended) and NP

95-103, which has been approved by the National Indian

Gaming Commission (NIGC); and

WHEREAS, NPTEC recognizes the need for the gaming ordinance to be

codified and incorporated into the Nez Perce Tribal Code;

NOW, THEREFORE, BE IT RESOLVED, that the Nez Perce Tribal Executive

Committee hereby authorizes the codification of the

Gaming Ordinance as Chapter 6-2 of the Nez Perce Tribal

Code; and

BE IT FURTHER RESOLVED, that NPTEC has reviewed and approved

Chapter 6-2, and finds all language from the gaming

ordinance resolutions has been incorporated; and

BE IT FURTHER RESOLVED, that this codification will rescind

resolutions NP 89-232, NP 94-44, NP 95-102(amended) and

NP 95-103; and

BE IT FINALLY RESOLVED, that NP 95-102 which authorizes the

Memorandum of Understanding between the National Indian

Gaming Commission and the Nez Perce Tribe regarding the

dissemination of criminal history record information by
NP 96590

NIOC, shall remain in full force and effect.

CERTIFICATION

The foregoing resolution was duly adopted by the Nez Perce Tribal

Executive Committee meeting in Regular Session, August

13, 14, 1996, in the Richard A. Flalfmoon Council

Chambers, Lapwai, Idaho, a quorum of its members being

present and voting.

BY:~/fl~C

Tonia Garcia,

~

Secretary

ATTEST:

Samuel N. Penney, ChÆirman
CHAPTER 6-2

GAMING ORDINANCE

§ 6-2-1 Definitions

(a) Bingo means a game, whether or not electronic, computer, or other technological

aids are used in connection therewith

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

numbers or other designations;

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

objects, similarly numbered or designated, are drawn or electronically

determined; and

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

arrangement of numbers or designations on such cards, including (if played in

same location) pull-tabs, lotto, punch cards, tip jars, instant bingo, and other

games similar to bingo.

(b) Fishing Derby means a fishing contest, with or without the payment or given of any

entry fee or other consideration by some or all of the contestants wherein prizes are awarded for the

species, size, weight or quality of fish caught in a boria fide fishing or recreational event.

(c) Fund raising event means a fund raising event sponsored by a bona fide religious,

charitable or nonprofit organization at which gaming activities will be conducted under the authority

and regulation of the Nez Perce Tribal Gaming Commission. Gaming as authorized under this section

may be allowed provided that sixty percent of the net income from such events shall be devoted solely

to lawful purpose of the Nez Perce Tribe and provided that the tribal or BIA law enforcement agency

shall be notified as to the time and place where such activity shall be conducted.

(d) Gaming means those activities defined in §6-2-7, §6-2-8 and § 6-2-9.

(e) Key employee means a person who performs one or more of the following

functions:

(1) bingo caller; or

(2) counting room supervisor; or

(3) chief of security; or

(4) custodian of gaming supplies or cash; or

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(5) floor manager; or

(6) pit boss; or

(7) dealer; or

(8) croupier; or

(9) approver of credit; or

(10) custodian of gambling devices including persons with access to cash and the

accounting records within such devices; or

(ii) any other person whose total cash compensation is in excess of $50,000.00

per year; or

(12) the four most highly compensated persons in the gaming operation.

(0 License and variations of that word such as licenses and licensed, unless otherwise

defined herein and as indicated by the context, means either:

(1) the authority granted by the Nez Perce Tribe to engage in gaming under this

Act as evidenced by a formal document executed by tribal officials, or

(2) the formal document evidencing authority granted by the Nez Perce Tribe to

engage in gaming under this Act.

(g) Licensee means a person, organization or entity authorized by the Nez Perce Tribe

pursuant to this Act to operate a gaming activity on the Nez Perce Reservation.

(h) Net revenue means gross gaming receipts of a gaming operation minus amounts paid

out as, or paid for, prizes; and total gaming-related operating expenses, excluding management fees.

(i) NJGC means the National Indian Gaming Commission.

(j) Operator means any person, organization or entity that operates any gaming activity

that is subject to regulation under this Act, on the Nez Perce Reservation.

(k) Player means a natural person who engages, on equal terms with the other

participants, and solely as a contestant or better, in any form of gaming in which no person may

receive or become entitled to receive any profit therefrom other then personal gambling winnings, and

without otherwise rendering any material assistance to the establishment, conduct or operation of a

particular gaming activity.

(I) Primary management official means:

(1) the person having management responsibility for a management contract; or

(2) any person who has authority to hire and fire employees or to set up working

policy for the gaming operation; or

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(4) the chief financial officer; or

(5) other person who has financial management responsibility.

(n) Thing of value means any money or property, any token, object or article

exchangeable for money or property, or any form of credit or promise, directly or indirectly,

contemplating transfer of money or property or any interest therein.

(o) Tribe means the Nez Perce Tribe.

§ 6-2-2 Purpose

This ordinance is enacted to:

(a) Regulate all forms of permissible and authorized gaming within the jurisdiction of the

Nez Perce Tribe.

(b) Safeguard all persons from unscrupulous arid illegal operations of any type of gaming.

(c) Protect all persons from any infiltration of organized crime into any gaming operation

within the jurisdiction.

(d) Provide for tribal audit system on all gaming operations.

(e) Provide that the Tribe will have primary regulatory authority over all forms of gaming

on the Nez Perce Reservation subject only to applicable federal law.

(f) Provide for system of investigations of all persons associated with gaming.

(g) Provide a system of licensing for any gaming activities subject to the provisions of this

Act that occur within the Nez Perce Reservation.

(h) To provide revenues for the operation of the tribal government.

(i) To allow the tribal government to use the revenues generated for tribal self

determination, to generate value on the reservation, to provide additional tribal services, employment

for tribal members and for general economic development and individual self-sufficiency of tribal

members.

(j) To harmonize with and adhere as much as possible to the Indian Gaming Regulatory

Act, Public Law 100-497, 102 Stat. 2467-88. 25 U.S.C. §~ 2701 et seq. as enacted by the U.S.

Congress on October 17, 1988.

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(k) To cooperate and agree on a sovereign to sovereign basis with the State of Idaho and

any other concerned or affected states to enter into compacts or other agreements for gaming

operation, regulation or coordination.

(I) To establish a commission within the tribal organization to oversee and regulate

gaming consistent with this ordinance and within the precepts established by the Nez Perce Tribal

Executive Committee.

§ 6-2-3 Ownership of Gaming and Use of Gaming Revenue

(a) The Tribe shall have the sole proprietary interest in and responsibility for the conduct

of any gaming operation authorized by this ordinance, unless individually owned gaming is approved

and licensed under this ordinance.

(1) In order to be licensed by the Nez Perce Tribe, individual owners, in addition

to the requirements of this ordinance, shall also be required to:

(i) Pay to the Nez Perce Tribe not less than 60 percent of the individually

owned operations net revenues, to be used only for the purposes set

forth below;

(ii) Pay an assessment to the National Indian Gaming Commission as set

forth in 25 CFR § 514.1;

(iii) Comply with eligibility standards of a State license for the same

activity, so that if the individual is ineligible to receive a State license

to conduct the same activity within that jurisdiction, a tribal license

shall be denied.

(b) Net revenues from tribal gaming or from individually owned games shall be used only

for one or more of the following purposes:

(1) To fund tribal government operations or programs;

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

(3) To promote tribal economic development;

(4) To donate to charitable organizations; or

(5) To help fund operations of local government agencies.

(c) If the Tribe elects to make per capita payments to tribal members, it shall authorize

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such payments only upon approval of a plan submitted to the Secretary of the Interior under 25

U.S.C. § 2710(b)(3).

(d) The Nez Perce Tribe hereby specifically reserves, through its inherent power, the fill

right and authority to adopt or impose a uniform and comprehensive system of revenue, taxation and

licensing relating to gaming allowed by this ordinance.

§ 6-2-4 Severability

If any clause, provision or section of this ordinance shall be ruled invalid or unenforceable by

any couRt of competent jurisdiction by final order after all appellate jurisdiction is exhausted, such

holding shall not invalidate or render unenforceable any other remaining provisions of this ordinance.

Until such final order is entered and review exhausted, the questioned provisions shall be absent and

enforceable injunction to the contrary, in full force and effect.

§ 6-2-5 Amendment

Except as provided in § 6-2-13(m), all powers of amendment are retained by the Nez Perce

Tribal Executive Committee.

§ 6-2-6 Sovereignty

The Nez Perce Tribal Executive Committee acting for the Nez Perce Tribe by this enactment,

does expressly retain and does not in any way waive its right of sovereignty as expressed in treaties,

laws or in any other manner.

AUTHORIZED GAMBLING ACTIVITIES

§ 6-2-7 Class I Gaming

Class I gaming is defined as social games solely for prize of minimal value or traditional forms

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

celebrations.

(a) Class I gaining may be engaged in by individuals and organizations without restriction

and is not subject to the provisions of this Act.

§ 6-2-8 Class U Gaming

Class H gaming is defined as:

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

or other technological aids are used in connection therewith)

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

numbers or other designations;

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

objects, similarly numbered or designated, which are drawn or electronically

determined; and

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

arrangement of numbers or designations on such cards, including, (if played

in the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo, and

other games similar to bingo; and

(b) Card games that:

(1) are explicitly authorized by the laws of the State of Idaho, or

(2) are not explicitly prohibited by the laws of the State of Idaho and are played

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

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

hours or periods of operation of such card games or limitations on wagers or

pot sizes in such card games.

(c) The Nez Perce Tribe may engage in Class II gaming as an operator without the

necessity of a license under this Act but shall comply with other applicable provisions of this Act.

(d) Until this Act is amended by appropriate action of the Nez Perce Tribal Executive

Committee in a manner consistent with the relevant provisions of the National Indian Gaming

Regulatory Act, 25 U.S.C. §~ 2701e1 seq., the Nez Perce Tribe shall be the only entity or

organization authorized to engage in gaming activities on the Nez Perce Reservation for profit to the

exclusion of any other entity, organization or person. The Nez Perce Tribe may conduct or license

gaming activities on behalf of a bona fide charitable, religious and non-profit organizations subject

to regulations promulgated by the Commission on this topic and the National Indian Gaming

Regulatory Act, 25 U.S.C. §~ 2701 etseq.

§ 6-2-9 Class ifi Gaming

(a) Class Ill gaming means all forms of gaming that are not Class I or Class II gaming.

(b) No person, entity, corporation, organization or government, except the Nez Perce

Tribe, shall authorize or conduct any form of Class Ill gaming within the Nez Perce Reservation

unless such gaming is consistent with:

(1) the Indian Gaming Regulatory Act;

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(2) a Tribal-State compact for Class III gaming; and

(3) is licensed by the Nez Perce Tribe.

(c) The Nez Perce Tribe shall enact rules and regulations regarding licensing of Class III

games which shall be consistent with the provisions of the Indian Gaming Regulatory Act and the

laws of the Nez Perce Tribe.

(d) Any person, entity, corporation, organization or government that conducts Class III

gaming within the Nez Perce Reservation or that purports to authorize such gaming in violation of

the laws or regulations of the Nez Perce Tribe commits a civil infraction.

(e) Any person, entity, corporation, organization or government found to have committed

a civil infraction by failing to comply with the laws of the Nez Perce Tribe shall be subject to a civil

fine in addition to other legal and equitable remedies available in civil cases.

(f) The Nez Perce Tribal Executive Committee hereby reserves the right to later enact

authorization of Class ifi gaming as defined herein upon proper compliance with the Class III gaming

requirements of the National Indian Gaming Regulatory Act, 25 U.S.C. §~ 270 let seq..

§ 6-2-10 Gaming Prohibited

All gaming activities not authorized by this Act, including, but not limited to, those activities

commonly known as bookmaking, betting, card parlors, bunco or confidence games, pyramid clubs

or schemes, chain letters and three card monte, are unlawfiti and prohibited.

GAMING COMMISSION

§ 6-2-11 Nez Perce Tribal Gaming Commission Established

(a) The Nez Perce Tribal Gaming Commission (the Commission) shall consist of five

individuals appointed by the Nez Perce Tribal Executive Committee.

(b) Each Commissioner shall serve for a term of three (3) years, with the term beginning

on January 1 of the year of the appointment and ending on December 31 of the third year; except that

for the initial group of Commissioners, two positions will be for a term of three (3) years, two

positions will be for a term of two (2) years and one position will be for a term of one (1) year

allowing for a staggered term process thereafter.

(c) Commission members shall serve beyond their one year term only in the event that

NPTEC fails to promptly make appointments for the subsequent year. Upon the appointments for

the following year, the prior year~s appointments shall expire.

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(d) Commission positions vacated prior to the end of the term shall be promptly filled by

NPTEC so that a fi.ill Commission may serve on a continual basis. However, a temporary vacancy

on the Commission shall not mean the Commission will be non-functional, since business can be

conducted with a minimum of three members being present.

(e) The Commission shall elect among themselves a President, Vice President and

Secretary-Treasurer. Elections shall be conducted each year, within two weeks after NPTEC

appointments are made.

(f) The Commission shall meet at least six times each year, with additional meetings held

as necessary to properly carry out the duties of the Commission.

§ 6-2-12 Powers and Duties of the Commission

The Commission shall:

(a) Oversee and regulate the gambling activities authorized by this chapter. Such power

includes the power to inspect premises.

(b) Safeguard the morals of the Nez Perce people and keep community peace by

regulating by civil fines and/or civil prosecution of violations of this chapter.

(c) Issue licenses when such are required by this chapter, and also to deny or revoke such

licenses when it is deemed to be in the public interest.

(d) Formulate and promulgate rules and regulations which shall govern in detail the

issuance of licenses, the amount of the license fee, the conduct of the authorized gambling activities,

and the revocation of licenses.

(e) Insure the proper record keeping regarding gambling of all, namely licensees, persons,

associations, organizations and the Nez Perce Tribe.

(t) Cause a review of all the records of all the above licensees at least annually.

(g) Cause annual outside audits of all gaming activities on the Nez Perce Reservation to

be conducted and submitted to the National Indian Gaming Commission specifically including all

contracts for supplies, services or concessions having a contract amount in excess of $25,000.00.

(h) Insure that facilities where gaming occurs are properly constructed and maintained and

that the operation of the game is conducted in a manner which adequately protects the environment

and the public health and safety.

(i) It shall be the responsibility of the Commission, to cause to be conducted background

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investigation and suitability determinations of potential gaming employees as required by the National

Indian Gaming Regulatory Act, 25 U.S.C. § 270 let seq.

GAMING OPERATIONS

§6-2-13 General Gaming Operations Requirements

(a) An investigation of each employee or operator including owners of an operating entity

as defined in (n) of this section, prior to beginning work, shall be required to apply to the Commission

for a determination that he:

(I) has committed no felony or gambling offense in any jurisdiction;

(2) has no prior activities, reputation, habits, or associations affecting his present

conduct that would pose a threat to the effective regulation and control of

gaming, or enhance the dangers of unsuitable, unfair or illegal practices,

methods or activities, in the conduct of gaming; and

(3) has no present interest in the conduct of any gaming business.

(b) The determination shall be confidential unless otherwise required for purposes of the

tribal Personnel, Policies and Procedures or the requirements of federal law or regulation.

(c) The employee or contractor shall follow the application procedure for licenses

described herein, provided that, no notice shall be published, and no public hearing shall be held. No

employee may accept any gift or thing of value from a gaming contractor.

(d) In addition to any provisions of the tribal Personnel, Policies and Procedures which

may be applicable, any employee or operator shall be required to comply with the provisions of this

ordinance, the provisions of his contract with the Tribe, if any, and the provisions of applicable federal

law.

(e) Any entity which contracts with a tribal gaming operation, shall be required to submit

to a determination as required in (a) of this section. No such contract will be valid until it is approved

by the Commission and the Secretary of the Interior as is necessary under federal law.

(f) Tribally operated gaming shall be held in compliance with this ordinance.

(g) Operators, or employees in charge of tribally operated gaming shall report quarterly

to the Commission on the result of an outside audit of the operation, and the results of any contract

for service or supplies.

(h) Any operator or employee of the tribal gaming operation shall deposit the proceeds

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of the gaming operation according to applicable federal and tribal law.

(i) Any operator or employee may request the assistance of the Commission in obtaining

training or instruction for the benefit of the tribal gaming operation as well as in determining the

proper meaning of this ordinance.

(j) The Commission may require that any operator or employee of a tribal gaming

operation be bonded in a particular amount.

(k) The Commission may recommend to the Nez Perce Tribal Executive Committee that

a particular type of tribal gaming be operated through a management contract. The management

contract must be in compliance with applicable federal law. The Commission shall require that the

proposed operator comply with the requirements for licenses under this section of the ordinance,

provided that a proposed manager need not be a tribal member. Sole tribal approval of all

management contracts shall remain with the Nez Perce Tribal Executive Committee.

(1) All tribal gaming operations are subject to monitoring and inspection by the

Commission or agents of the Commission.

(m) The Commission shall issue regulations, which will control:

(1) The possession of firearms by operators or employees. No other firearms or

weapons of any kind shall be allowed on gaming premises.

(2) The security requirements for the operations.

(3) The posting of rules of play.

(4) The maximum limit, if any, which may be offered as a prize.

(5) Rules for the conduct of the games, should the Commission deem that such

rules are necessary for the proper conduct of gaming.

(6) Any other regulations controlling the operation which is deemed necessary by

the Commission or the Nez Perce Tribal Executive Committee.

(n) Any person authorized by the Commission, an employee or independent contractor,

who has a financial interest other than salary or wages or management responsibility in the conduct

of tribal gaming activities must be licensed by the Commission including those persons who may serve

on the Board of Directors or other governing body of a corporation, trust, partnership or other entity

or who own ten (10%) or more of the stock of a corporation or like interest in profits or capital of

any other business entity.

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(o) Each affected person covered in (n) above must apply for a license to the Commission

giving the name, social security number and address; previous gaming experience; any felonies,

violations of any kind whatsoever relating to the gaming, fraud or illegal practices; fingerprints; and

any and all other reasonable requirements as may be determined by the Commission.

(p) The Commission shall determine whether or not to issue the license within sixty (60)

days after application.

(q) A license shall be valid for not more than one year and shall be renewed in the same

manner as the original application.

(r) The Commission may charge a fee not in excess of $50.00 for each application of

renewal.

(s) The members of the Commission shall be reimbursed for out of pocket expenses and

shall be allowed per diems which have received the prior approval of the Nez Perce Tribal Executive

Committee. The Nez Perce Tribal Executive Committee shall establish Commission members salaries

provided such payments shall come Out of the license fees or the net proceeds of the gambling

activities of the Nez Perce Tribe.

(t) Members of the Commission and Nez Perce Tribal Executive Committee members are

prohibited from participating in bingo games.

§ 6-2-14 Inspection of Premises

(a) The premises where authorized gambling activities are being held shall be subject to

inspection and audit at any reasonable time by persons designated by the Commission, with or

without notice as follows:

(1) if the items or records to be inspected or audited are located anywhere upon

a premises any portion of which is regularly open to the public or members

and guests, then at any time when the premises are so open, or at which they

are usually open;

(2) or if the items or records to be inspected or audited are not located upon a

premises set out in subsection (1) above, then any time between the hours of

8:00 a.m. and 9:00 p.m. Monday through Friday.

(b) The Commission shall be provided at such reasonable intervals as the Commission

shall determine with a report, under oath, detailing all receipts and disbursements in connection with

such gambling activities together with such other reasonable information as required in order to

determine whether such activities comply with the purposes of this chapter.

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§ 6-2-15 Dispensing of Food and Beverages

Regulation of the wholesale, retail, serving and licensing of, or the dispensation of any and

all kinds of beverages, spirituous or otherwise, and the serving of all kinds and types of food at

gaming premises is hereby vested in the Nez Perce Tribal Gaming Commission.

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

§ 6-2-16 Applications for Key Employee and Primary Management Official Positions

(a) Applications for key employee and primary management official positions with the

Nez Perce Tribes gaming enterprises shall be submitted to the Commission. The Commission shall

conduct oral interviews of persons selected as potential candidates for a particular position. Copies

of such applications and notes from interviews shall be provided to the Nez Perce Tribes

Investigative Officer.

(b) The following notice shall be placed 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 25U.S.C. 2701 et seq.

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

to be employed in a gaming operation. The information will be used by National

Indian Gaming Commission members and staff who have need for the information in

the performance of their official duties. The information may be disclosed to

appropriate Federal, Tribal, State, local or foreign law enforcement and regulatory

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 a gaming operation. Failure to consent to the disclosures indicated in this

notice will result in a tribes being unable to hire you in a primary management official

or key employee position.

The disclosure of your Social Security Number (S SN) is voluntary. However, failure to

supply a SSN may result in errors in processing your application.

(c) Existing key employees and primary management officials shall be notified in writing

that they shall either:

(1) Complete a new application form that contains a Privacy Act notice; or

(2) Sign a statement that contains the Privacy Act notice and consent to the

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routine uses described in that notice.

(d) The following notice shall be placed on the application form for a key employee or

primary management official before that form is filled out by an applicant.

A false statement on any part of your application may be grounds for not hiring you, or for

terminating you from employment after you begin work. Also, you may be punished by fine

or imprisonment. 18 U.S.C. § 1001.

(e) The Tribe shall notify in writing existing key employees and primary management

officials that they shall either:

(1) Complete a new application form that contains a notice regarding false

statements; or

(2) Sign a statement that contains the notice regarding false statements.

Background investigations

§ 6-2-17 Applications -

Required Information

(a) The Tribe shall require from each key employee and from each primary management

official all of the following information:

(1) Full name, other names used (oral or written), social security numbers, birth

date, place of birth, citizenship, gender, all languages (spoken or written);

(2) Currently and for the previous five (5) 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 addresses, and drivers license numbers;

(4) Current business and residence telephone numbers;

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

gaming industry generally, including ownership interests in those businesses;

(6) The name and address of any licensing or regulatory agency with which the

person has filed an application for a license or permit related to gaming,

whether or not such license or permit was granted;

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(7) For each felony for which there is an ongoing prosecution or a conviction, the

charge, the name or address of the court involved, and the date and

disposition if any;

(8) 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;

(9) For each criminal charge (excluding minor traffic charges), whether or not

there was a conviction, if such criminal charge is within 10 years of the date

of the application and is not otherwise listed pursuant to paragraph (7) or (8)

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;

(12) Any other information the Tribe deems relevant;

(13) Fingerprints consistent with procedures adopted by the Tribe according to 25

C.F.R. 522.2(h).

(b) The Tribe shall conduct an investigation sufficient to make a determination under §

6-2-19. 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.

§ 6-2-18 Investigative Procedures for Background Checks

(a) The Nez Perce Tribes Investigative Officer shall conduct the initial investigation by:

(I) Verifying written or oral information submitted by the applicant;

(2) Inquiring into the applicants prior activities, criminal record, if any, and

reputation, habits and associations;

(3) Interviewing a sufficient number of knowledgeable people such as former

employers, personal references, and others to whom referred; and

(4) Documenting the disposition of all potential problem areas noted and

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disqualifying information obtained.

(b) The Investigative Officer shall then prepare and submit to the Commission an

investigative report detailing:

(1) Steps taken in conducting the background investigation; and

(2) Results obtained;

(c) Fingerprints of applicants for key employee and primary management official positions

shall also be taken. The law enforcement officers for the Bureau of Indian Affairs (BIA), Northern

Idaho Agency (NIA), P.O. Box 277, Lapwai, ID, 83540, (located at the corner of Beaver Grade and

Agency Road) shall be responsible for taking such fingerprints.

(1) Completed fingerprint cards will be sent directly by the BIA-N1A law

enforcement agency to the NIIGC, 1441 L Street, N.W., 9th Floor,

Washington, D.C., 20005.

(2) The Commission, shall send to the NIGC at the address above, a list of those

persons for whom FBI fingerprint checks are requested accompanied by a

$35.00 check to cover the costs involved with such inquiry.

(3) Information obtained from NIGC as a result of the FBI fingerprint check shall

be reviewed only by the Commission and the Tribes Investigative Officer. ~

further dissemination of this information is authorized and in fact, the Tribe

is subject to the restrictions set forth in an MOU with NIIGC forbidding use

of such information for any other purpose. See NP 95-102.

§ 6-2-19 Eligibility Determination

The Commission shall meet with the Investigative Officer, make a suitability determination

based on all the information gathered from the various sources set forth above, including prior

activities, criminal record, reputation, habits and associations, and the information received from

NTGC resulting from the FBI fingerprint check; and submit this determination in written form to the

National Indian Gaming Commission (NTGC) for review. If the Commission 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 position. (If the applicant is not hired and issued a license by the

Tribe, NIGC shall be notified, but submittal of the determination and report shall be at the discretion

of the Commission.) The report to NIGC shall also contain the information documenting

investigative steps taken by the Investigative Officer, including those set forth above.

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1. The report to N1GC shall be sent within 60 days after an employee begins work with the

Tribe. A response from N1GC is required within 30 days of receipt of the Commissions

report.

2. If the Chairman ofNIGC requests additional information from the Commission regarding

any employee who is a subject of a report, such information, if available shall be forwarded

as soon as possible. The 30 day NIGC response time shall be suspended pending the

submittal of the additional information.

3. if NIGC notifies the Commission that it has no objections to the issuance of a license to

a particular applicant, the Commission may proceed with licensing of the applicant.

4. If NIGC provides the Commission with a statement itemizing objections to the issuance

of a license to a particular applicant, the Commission must reconsider the application, taking

into account the objections itemized by NTGC. The Commission, upon approval by NPTEC,

may then make a final licensing decision as to such applicant.

§6-2-20 Procedure for Submission of Applications and Reports for National Indian

Gaming Commission Approval

(a) The Tribe shall follow the following procedures when forwarding applications and

reports for key employees and primary management officials to the National Indian Gaming

Commission (NIGC):

(1) When a key employee or primary management official begins work at a

gaming operation authorized by this ordinance, the Tribe shall forward to the

NTGC a completed application for employment and conduct the background

investigation and make the determination referred to in §6-2-19 above.

(2) The Tribe shall forward the report referred to in (b) of this section to the

NIGC within 60 days after an employee begins work or within 60 days of the

approval of this ordinance by the Chairman of the NIGC.

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

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

(b) Pursuant to the procedures set forth in paragraph (a) above, the Tribe shall forward

to NIGC an investigative report on each background investigation.

(1) An investigative report shall include all of the following:

(i) Steps taken in conducting a background investigation;

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(ii) Results obtained;

(iii) Conclusions reached; and

(iv) The basis for those conclusions.

(2) The Tribe shall submit, with the report, a copy of the eligibility determination

made under § 6-2-19.

(3) If a license is not issued to the applicant by the Tribe, the Tribe:

(1) Shall notify NIGC; and

(ii) May forward copies of its eligibility determination and investigative

report (if any) to NIGC for inclusion in the Indian Gaming Individuals

Records System.

(4) With respect to key employees and primary management officials, the Tribe

shall retain application for employment and reports (if any) of background

investigations for inspection by the Chairman of the NIGC or his or her

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

employment.

§ 6-2-2 1 Issuance of Gaming Licenses

(a) Response from National Indian Gaming Commission (NIGC)

(1) 11, within a thirty (30) day period after the NIGC receives a report, the NTGC

notifies that Tribe that it has no objection to the issuance of a license by the

Tribe to the individual for whom the Tribe has provided an application and

investigative report to the NIGC, the Tribe may issue a license to such

applicant.

(2) The Tribe shall respond to a request for additional information from the

Chairman of the NIGC concerning a key employee or a primary management

official who is the subject of a report. Such a request shall suspend the 30-day

period under the preceding paragraph until the Chairman of NIGC receives

the additional information.

(3) 1f within the thirty (30) day period described above, the NTGC 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 NTGC, the Tribe shall

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reconsider the application, taking into account the objections itemized by the

N1GC. The Tribe shall make the final decision whether to issue a license to

such applicant.

§ 6-2-22 License Locations

The Tribe shall issue a separate license to each place, facility, or location on Indian lands

where any gaming is conducted under this ordinance.

§ 6-2-23 License Suspension

1. If, after the issuance of a gaming license by the Commission, the NTGC receives reliable

information indicating that a key employee or a primary management official is not eligible

for employment, NIGC shall notify the Tribe.

2. Upon receipt of such notification, the Commission shall suspend such license and shall

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

3. The Commission shall notify the licensee of a time and a place for a hearing on the

proposed revocation of a license.

4. After a revocation hearing, the Commission shall decide to revoke or to reinstate a gaming

license. The Commission shall notify NIGC of its decision.

§ 6-2-24 Dispute Resokition Process

(a) The Nez Perce Tribal Gaming Commission, as established in § 6-2-11 is authorized

to oversee and regulate all gambling activities authorized by this ordinance, including decision-making

authority in regard to any disputes that may arise by applicants, licensees, or the gaming public.

(b) Any person having a dispute with the Tribe or any Gaming Operator or Management

Company licensed by the Tribe may request a hearing with the Nez Perce Tribal Gaming Commission.

Such a hearing shall be held within thirty (30) days of receipt of a written request from the grievant.

A decision shall be issued at the hearing or within two (2) weeks of the hearing.

§ 6-2-25 Appeal from Decisions of the Commission

(a) If the Commission denies a person a license, or if the Commission revokes a license

which was previously granted, the Commission shall do so in writing, outlining the reasons for such

decision. If a person considers himself or herself aggrieved by such a decision, he or she may appeal

to the Nez Perce Tribal Court within thirty days of the date of written denial. The appeal shall be

only on the record, and shall not be heard de novo. If the Court finds that the order of the

Commission was issued arbitrarily and capriciously, clearly erroneously, or in violation of the

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Constitution of the Nez Perce Tribe or the constitutional rights of the Indians (25 U.S.C. §~ 1301-

1303), made upon unlawful procedure of some other clear error of law, the Court shall vacate the

same and remand the issuance or re-issuance of a license. Otherwise, the denial shall be upheld.

(b) If the grievant is dissatisfied with the decision issued by the Nez Perce Tribal Gaming

Commission, he or she may appeal to the Nez Perce Tribal Court within thirty (30) days of the

issuance of the written decision from the Nez Perce Tribal Gaming Commission. The appeal shall

be only on the record and shall not be heard de novo. If the Court finds that the order of the Nez

Perce Tribal Gaming Commission was issued arbitrarily and capriciously, clearly erroneously, or in

violation ofthe Constitution of the Nez Perce Tribe of Indians or the constitutional rights of Indians

(25 U.S.C. §~ 1301-1303), made upon unlawfiul procedure or some other clear error of law, the

Court shall vacate the same and remand. Otherwise, the decision of the Nez Perce Tribal Gaming

Commission shall be upheld.

§ 6-2-26 Civil Penalties for Violations

(a) Any person who shall violate any provisions of this ordinance or shall conduct

gambling operations without a required license, shall commit fraud of deceit, or shall engage in

professional gambling, shall be subject to one or more of the following civil remedies:

(1) A letter of reprimand;

(2) A civil fine of $500.00 per occurrence per day; and

(3) revocation of license;

(4) A civil injunction against continued violations of this ordinance;

(5) Exclusion from the Nez Perce Reservation in conformity with the Nez Perce

Tribal Code.

§ 6-2-27 Exclusion of Individuals from Gaming Activities

(a) Any operator shall have the authority and discretion to exclude from gaming activities

or gaming facilities, any individual who:

(1) Appears to be under the influence of intoxicants;

(2) Appears to be losing an unreasonable amount of money at gaming activities;

(3) Appears to be violating rules or regulations governing gaming activities as

established by the Commission or operator;

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(4) By virtue of his condition or activities, disturbs the peaceftil participation of

other individuals in gaming activities or disrupts the orderly conduct of the

gaming activity;

(b) An operator may make reasonable inquiries of individuals in the course of determining

whether any of the activities defined in paragraph (a) above are occurring;

(c) An operator who excludes any individual pursuant to this section shall not incur any

liability, criminal or civil, as a result of doing so.

(d) Any person who is excluded from gaming by an operator pursuant to this section may

petition the Commission for an order lifting the exclusion. The Commission shall have full discretion

in determining whether to hear any such petition and shall have the authority to enact such rules as

may be necessary regarding the procedures for acting upon any such petition. The Commission shall

further have discretion to impose such conditions as they deem appropriate in issuing any order lifting

an exclusion.

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