ORDINANCE NO. 174

BE IT FURTHER RESOLVED, that the Title XXIII, Licensing and Regulation of Bingo

and Other Games of Chance of the Code of Justice of the Standing Rock Sioux Tribe.

be and the same is hereby repealed and replaced with the attached new Title XXIII,

Licensing and Regulation of Bingo and Other Games of Chance

AITACHED PAGES SEP I 6 1998

I - vi and XXIII -

1 through XXIII - 37

RESOLUTION NO. 361-98

BE IT FURTHER RESOLVED, that pursuant to the power vested in the Standing Rock

Sioux Tribal Council under the Constitution of the Standing Rock Sioux Tribe, the

foregoing Ordinance No. 174 repealing Title XXIII, Licensing and Regulation of Bingo

and Other Games of Change of the Code of Justice of the Standing Rock Sioux Thbe and

replaced with the attached new Title XXIII be and the same is hereby approved.

BE IT FURTHER RESOLVED, that the Chairman and Secretary of the tribal Council be

authorized and instructed to sign this resolution for and on behalf of the Standing Rock

Sioux Tribe.

CERTIFICATION

We, the undersigned, Chairman and Secretary of the Standing Rock Sioux Thbai Council,

do hereby certify that the Tribal Council is composed of (171 members, of whom 15

constituting a quorum, were present at a meeting thereof, duly and regularly called,

noticed, convened and held on the 3~ day of SEPTEMBER, 1998, and that the

foregoing resolution was duly adopted by the affirmative vote of 12 members, with

0 opposing, and with 3 not voting. THE CHAiRMANS VOTE IS NOT REQUIRED,

EXCEPT IN CASE OF A TIE.

DATED THIS 3~ DAY OF SEPTEMBER, 1998. ~~i/ ~

~ 7~c~

Charles W. Murphy, ~h

Standing Rock Siow~Tribe7

ATIEST:

~Jh~11(c %4~-~

Elaine McLaughlin, Secretary

Standing Rock Sioux Tribe.

lOfficlal Tribal Seall
Ordinance No. 174 SEP 6 19~8

Title XXIII, Licensing and Regulation of Bingo and Other Games of Chance, of the Tribal

Code of Justice is amended to read as follows:

Chapter 1. Findings

Section 23-101. The Tribal Council Finds

(a) That operation of bingo and other games of chance by the Tribe and tribal

subdivisions is a valid means of promoting tribal economic development and the

health and welfare of tribal members;

(b) That, under the principles established by the United States Supreme Court in

California v. Cabazon Band of Mission Indians 94 L.Ed.2d 244 (1987), Indian tribes

have the exclusive right to regulate gaming activity on Indian lands if the activity is

not specifically prohibited by federal law and is conducted within a state which does

not criminally prohibit the activity;

(c) That the United States Congress has enacted the Indian Gaming Regulatory Act, 25

U.S.C. §2701 ~ ~., providing for certain federal regulation of Indian gaming;

(d) That tribal regulation of gaming activity on the Reservation is vital to the protection

of trust lands on the Reservation and to the protection of the interests of the Tribe and

its members;

(e) That the Tribe has entered into tribal-state compacts with the State of North Dakota

and the State of South Dakota which provide for the operation of Class III gaming.

Chapter 2: Definitions

Section 23-201. Class I Gaming

Class I gaming means:

(a) Social games played solely for prizes of minimal value.

(b) Traditional forms of Indian gaming engaged in as a part of tribal ceremonies,

celebrations, or pow-wows.

Section 23-202. Class H Gaming

The term Class II gaming means:

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(a) Bingo: The game of chance which is played for prizes, including monetary

prizes, with cards bearing numbers or other designations, in which the holder

of the card covers such numbers or designations when objects, similarly

numbered or designated, are drawn or electronically determined, and in

which the game is won by the first person covering a previously designated

arrangement of numbers or designations on such cards. Electronic, computer

or technological aides -- such as computer-generated number sequences --

can be used in connection with Class II bingo, so long as all players are

playing against each other to achieve the same sequences.

(b) Other games of chance: Games similar to bingo, including, if played at the

same location as bingo, pull-tabs, lotto, punch boards, tip jars of a designated

winning number or numbers, color or colors, symbol or symbols determined

by chance, and non-banking card games.

Section 23-203. Class III Gaming

Class III gaming means all forms of gaming that are not Class I or Class II gaming,

including:

(a) Electronic or electromechanical facsimiles of any game of chance or slot

machines of any kind.

(b) All banking card games; that is, card games played against the house,

including baccarat, chemin de fer, and blackjack.

Section 23-204. Traditional Forms of Indian Gaming

Traditional forms of Indian gaming means:

(a) Gaming activities such as stick or bone games played as part of tribal

ceremonies, celebrations, or pow-wows.

(b) Games such as rodeos or horse races, including those for which purses or

prizes are awarded, that are played as part of tribal ceremonies, celebrations,

or pow-wows. This does not include games operated prior to a ceremony,

celebration, or pow-wow for the purpose of raising funds for the ceremony,

celebration, or pow-wow; these are considered Class II games unless they

meet the definition set forth in Section 205, below.

Section 23-205. Social Games for Prizes of Minimal Value

Social games for prizes of minimal value means games in which the total value of prizes

awarded during the calendar year does not exceed S 10,000.

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Section 23-206. Tribal Subdivision

Tribal subdivision means:

(a) The districts, as set forth in Article III, Section 2 of the Constitution of the

Standing Rock Sioux Tribe,

(b) Nonprofit entities organized to raise funds and operate programs to promote

the health and welfare of tribal members andlor to organize and operate

ceremonies, celebrations, and pow-wows,

(c) Tribal school boards.

Section 23-207. Net Revenues

Net revenues means gross revenues of a gaming activity less (i)amounts paid out as, or

paid for, prizes and (ii) total operating expenses, except that management fees shall not be deducted

to determine net revenues.

Section 23-208. Primary Management Official

Primary management official means (1) any person having management responsibility for

a management contract; (2) any person who has authority to hire and fire employees or to set up

working policy for a gaming operation, or (3) the chief financial officer or other person who has

financial management responsibility.

Section 23-209. Key Employee

Key employee means (1) a person who performs one or more of the following functions:

bingo caller, counting room supervisor, chief of security, custodian of gaming supplies or cash, floor

manager, pit boss, dealer, croupier, approver of credit or custodian of gambling devices including

persons with access to cash and accounting records within such devices; or (2) if not otherwise

included, any other person whose total cash compensation is in excess of $50,000 per year, or (3)

if not otherwise included, the four most highly compensated persons in a gaming operation

23-210. Non-GamingStaff

Non-Gaming Staff means a person who performs a function which is non-gaming namely

under the (a) Division of Maintenance; housekeeping supervisor, porter, engineer, supervisor,

worker, (b) Division of Office of General Manager; training coordinator, uniform clerk, utility

worker; (c) Division of Food and Beverage; Cafeteria Attendant, Food Runner, Hot Buffet Cook,

Hot Line Cook, Pantry Cook, Pastry Cook, Sous Chef, Steward, Lead Steward, Stewarding

Supervisor and (d) any other Division of a gaming operation or a gaming operation of which there

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are persons who are employees thereof who do not have access to money, gaming revenues or other

items of value including chips, credits, coins or bills of legal tender value of gaming, wagering, or

gaming devices or in general money, bank drafts, checks, credit or any other bank cards for

procuring money from financial institutions.

Section 23-211. North Dakota Compact

North Dakota Compact means the document entitled Tribal State Compact for Control

of Class III Games of Chance, Standing Rock Sioux in North Dakota, entered into between the

Standing Rock Sioux Tribe and the State of North Dakota.

Section 23-2 12. South Dakota Compact

South Dakota Compact means the document entitled Gaming Compact Between the

Standing Rock Sioux Tribe and the State of South Dakota, entered into between the Standing Rock

Sioux Tribe and the State of South Dakota.

Section 23-213. ~

Act means the Indian Gaming Regulatory Act, 25 U.S.C. §2701 ~

Section 23-2 14. North Dakota Portion of the Reservation

North Dakota portion of the Reservation means that portion of the Standing Rock Sioux

Reservation which lies within the boundaries of the State of North Dakota.

Section 23-215. South Dakota Portion of the Reservation

South Dakota portion of the Reservation means that portion of the Standing Rock Sioux

Reservation which lies within the boundaries of the State of South Dakota.

Section 23-216. Commission and Professional Staff

Commission means the Standing Rock Gaming Commission established pursuant to Chapter 3 of

this Ordinance. Professional Staff shall mean the Chairman in the exercise of Executive Secretary function

and responsibilities; an Office Manager; Gaming Inspectors; a Tribal Liaison Officer to work with Grand

River Casino & Resorts, Inc.; an Executive Committee member to work with the Prairie Knights Casino &

Lodge.

Section 23-217. National Indian Gaming Commission

National Indian Gaming Commission means the National Indian Gaming Commission established

pursuant to 25 U.S.C. §2704.

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Section 23-218. Tribe

Tribe means the Standing Rock Sioux Tribe.

Chapter 3: Tribal Gaming Commission and Professional Staff

Section 23-301. EstabJishment

There is hereby established the Standing Rock Gaming Commission (Commission), an agency

of the Tribe, consisting of a Chairman-Executive Secretary and eight other members. There shall be

established a Professional Staff which consists of the Office Manager, Gaming Inspectors, a Licensing

Assistant, or any other professional agents for purposes of counsel, auditing, consultation, training, and

investigations. The monthly Tribal Inspector reports of the Gaming Office shall be directed to and under

the supervision of the Chairman-Executive Secretary. The Tribal Liaison Officer and the Executive

Member shall be appointed and supervised by the Standing Rock Sioux Tribe Council.

The Commissioners, Professional Staff, or any other professional agents for the purposes of

counsel, auditing, consultation, training or investigations shall not be allowed to participate as a player

in any gaming under the regulatory jurisdiction of the Standing Rock Sioux Tribe. Violation of this

paragraph will result in removal of the commissioner, termination of professional staff and termination

of any professional contract or relationship. The gaming establishment is hereby authorized to have the

individual offender removed from the premises and forfeit any winnings.

No Commissioner, professional staff or professional agents shall violate an oath of

confidentiality, which must be signed prior to commencement of employment. Infraction of

confidentiality shall result in removal from office or termination of employment. Violation of oath of

confidentiality after leaving office or employment may result in civil suit for invasion of privacy, which

may include injunctive relief and!or possible criminal prosecution.

Section 23-302. Function

The Commission shall have the following powers and duties:

(a) The Commission shall have primary responsibility for regulatory functions

relating to tribal gaming operations authorized under this Ordinance;

(b) The Commission shall review all license applications and determine whether

the application is complete and in compliance with the Ordinance, and

whether such license should be issued, and shall further determine if any

license so issued shall be revoked, suspended or renewed, as appropriate;

(c) The Commission shall collect any fees required to be paid under this

Ordinance. Such fees shall become tribal gaming revenues, shall be subject

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to tribal financial policies and procedures, and shall be disbursed as directed

by the Tribal Council;

(d) The Commission may bring any civil action or criminal complaint in any

court of competent jurisdiction to enforce the provisions of this Ordinance or

to enjoin or otherwise prevent any violation of this Ordinance, the Act, the

North Dakota Compact or South Dakota Compact, occurring or threatened

to occur;

(e) The Commission shall, subject to approval by the Tribal Council, promulgate

such regulations as it deems necessary in order to implement and enforce the

provisions of this Ordinance.

(1) The Commission shall act in accordance with the By-laws as adopted by the

Standing Rock Sioux Tribal Council in a manner consistent with this

Ordinance.

Section 23-303. Appointment of Members

One Commission member must be a resident of each District of the Reservation. Each

District shall recommend persons to serve as Commission member from that District. The Chairman

Executive Secretary and members of the Commission shall each be appointed by majority vote of

the Tribal Council. The Chairman of the Commission may reside anywhere on the Reservation.

Section 23-304. Terms

The initial members of the Commission shall serve as follows:

(a) Four members shall serve through January 1, 1995.

(b) Four members shall serve through January 1, 1996.

(c) The Chairman shall serve a continuous term consistent with the Standing

Rock Sioux Tribe Personnel Policies and Procedures and with the provisions

of this Ordinance as an appointed official, subject to the supervision of the

Standing Rock Sioux Tribal Administration.

Thereafter all terms shall be for two years and until a successor is appointed and qualified.

If a vacancy occurs during a term, the Council may appoint a successor for the unexpired portion

of the term, with recommendations from the District in which the vacancy arose.

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Section 23-305. Qualifications

To be eligible to serve as Chairman or a member of the Commission, a person shall:

(a) Be of high moral character and reputation to promote public confidence in

gaming by the Tribe;

(b) Have sufficient education and work experience to be able to fulfill the

functions of the Commission;

(c) Have no financial stake in any gaming operated under the Ordinance. A

person has a financial stake in any gaming operated under the Ordinance

if that person, or that persons spouse, brother, sister, mother, father,

grandmother, grandfather, son, daughter, grandson, granddaughter or first

cousin has invested in, has a direct or indirect financial interest in, has a

management contract in, or has any other pecuniary interest whatever in

gaming operated under this Ordinance. Membership in the Tribe does not,

in itself, create a financial stake in any gaming operated under this

Ordinance. Employment at a tribally licensed gaming facility, other than as

a primary management official, by a persons spouse, brother, sister, mother,

father, grandmother, grandfather, son, daughter, grandson, granddaughter or

first cousin does not create in such person a financial stake in any gaming

operated under this Ordinance;

(d) Never have been convicted of a tribal, federal or state felony, or any crime

involving fraud, misrepresentation, moral turpitude or gambling;

(e) Not participate as a player in any Class II or Class III game of chance

conducted by a facility or operator licensed under this Ordinance.

(1) Submit to a background investigation under the same procedures applicable

to prospective Class III primary management officials or key employees in

the State in which the prospective Commissioner resides under Section 23-

502. The Tribal Chairman with the assistance of legal counsel, in

accordance with official background investigative reports, shall advise the

Tribal Council whether the prospective commission member meets the

licensing standard set forth in Section 23-503 of this Ordinance.

(g) Not be a member of the Tribal Council, or a local District officer.

(h) Not be delinquent on a debt to the Tribe, any agency of the Tribe, or

corporation owned or controlled by the Tribe.

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(i) The Chairman-Executive Secretary of the Commission shall be selected as

advertised with an added Position Description detailing duties and

responsibilities as authorized by the Tribal Council.

Section 23-306. Removal and Vacancies

Members, including the Chairman, may be removed by a two-thirds vote of the Tribal

Council, at a meeting at which a quorum is present. Members, including the Chairman, may be

removed for cause, including malfeasance, neglect of duty, unexcused failure to attend three

successive Commission meetings, conviction of a felony, or failure to comply with the Constitution

or laws of the Tribe. Any Commissioner being considered for removal shall be provided with notice

from the Tribal Chairman or Tribal Secretary stating the grounds for removal, specifying a date,

time, and place for a hearing to be held by the Tribal Council within 20 days of receipt of such

notice. At the hearing, the Commissioner shall be entitled to appear, present testimony and other

evidence, and be represented by an attorney at the Commissioners own expense. Vacancies shall

be filled by majority vote of the Council, with recommendations provided by the Districts from

which the vacancies arose.

Section 23-307. Meetings

The Commission shall meet as scheduled to fulfill its duties and obligations under this

Ordinance, but in no event less frequently than once per month. Meetings may be called by the

Chairman-Executive Secretary, or by any three members of the Commission, upon at least three days

written notice to all members. If the Chairman-Executive Secretary or a majority of the appointed

members certify in writing that a meeting must be held on less than three days notice, a meeting may

be held as necessary, provided that best efforts must be made to provide the Chairman and all

members with as much advance notice of such meeting as possible. Five members, or four members

and the Chairman-Executive Secretary, shall constitute a quorum for the transaction of business.

The vote of a majority of the appointed members present at a meeting at which a quorum is present

shall be the act of the Commission.

Section 23-308. Compensation

Members of the Commission shall be compensated in accordance with By-Laws for

performing Commission duties in accordance with a budget approved by the Tribal Council.

Section 23-309. Monthly Reports

The Commission shall make a report to the Tribal Council at least once each month, or more

as requested. Each report shall include a summary of all licensing and enforcement activities, a

summary of meeting and, travel activities and dates, and any additional information requested by the

Tribal Council or the Judicial Committee.

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Section 23-310. Notice Of Commission Decisions

The Commission shall provide written notice to any applicant and any other interested party

of any decision or order. Notice shall be by personal service, or certified mail, to the persons last

known address, or to such persons registered agent or attorney.

Section 23-311. Appeals

(a) An applicant for a license, or any other aggrieved party, may appeal from any final order

or decision of the Tribal Gaming Commission by filing a notice of appeal with the Tribal

Gaming Commission within 30 days of receipt of notice of the final order or decision.

(b) If a motion for reconsideration of a Tribal Gaming Commission final order or decision

is filed with the Commission within 20 days of issuance of such order, the time for

appeal shall not begin to run until the motion for reconsideration is ruled upon by the

Commission.

(c) The Commission shall certify the hearing record within 30 days of receipt of a notice of

appeal.

(d) Review by the Tribal Court shall be based on the record. A decision or order of the

Commission shall be affirmed unless arbitrary and capricious, or contrary to law.

(e) The Tribal Court shall have no jurisdiction to award money damages against the

Commission or any member of the Commission for any action appealed under this

section.

(f) The Tribal Court shall require parties to exhaust administrative remedies provided by this

Ordinance prior to judicial review, absent an express finding of futility or other good

causes to the contrary.

23-3 12. Law Trained Judges

Any party to an appeal taken under section 23-3 12, including the Commission, shall have

a right, upon timely request, to have a licensed attorney serve as Tribal Judge with respect to such

appeal. A request for a licensed attorney to serve as Judge shall be timely under this section if the

party submits such a request to the Tribal Court at the time of the filing of the notice of appeal, or,

in the event an order is issued without notice against a party by a Judge who is not a licensed

attorney, within 10 days of notice of such order. If no licensed attorney, Chief Judge or Associate

Judge of the Tribal Court is available to hear the case, because of disqualification or otherwise, the

Chief Judge shall appoint a Special Judge to hear such case, upon timely request of a party. The

Clerk of Court shall maintain a list of qualified persons who can serve as Special Judge for such

cases.

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23-313. Gaming Commission Chairman-Executive Secretary

(a) There is hereby created a Tribal Gaming Commission Chairman-Executive

Secretary position who shall be responsible for the oversight of gaming

activities as set forth in this Ordinance.

(b) The Chairman-Executive Secretary of the Tribal Gaming Commission shall

have primary responsibility for the functions of the Commission, and shall

supervise all Commission Professional Staff.

(c) The Chairman-Executive Secretary shall be a full-time employee, shall be

subject to the Tribes personnel policies and procedures, and shall be under

the supervision of the Tribal Chairman.

(d) To be eligible for the position of Chairman-Executive Secretary, an individual

must have a bachelors degree. Experience in administration, business,

gaming or related field is preferred. The Chairman-Executive Secretary shall

not be a Tribal Council member, or District Officer.

(e) The Chairman-Executive Secretary shall develop an annual budget in

consultation with the Gaming Commission, subject to approval by the Tribal

Council.

(f) The Chairman-Executive Secretary shall have the following duties:

(i) Oversee all functions relating to the Tribes regulation of gaming

operations, including all financial aspects of such gaming;

(ii) Assist in fulfilling the Tribes duties under any Class III management

agreement,

(iii) To provide supervision on personnel matters to tribal gaming inspectors

and other Professional gaming staff.

(iv) To determine whether prospective Tribal Gaming Commission members

meet background investigation requirements set forth in Section 23-305.

(v) To secure copies of audits as required by this Ordinance; and

(vi) To fulfill such other duties as may be delegated by the Tribal Council.

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Section 23-314. Gaming Inspectors

(a) The Tribe shall employ tribal gaming inspectors who shall have primary

responsibility for monitoring ongoing Class II and Class III gaming

operations authorized by this Ordinance.

(b) Tribal gaming inspectors shall be full time tribal employees and shall be

subject to tribal personnel policies and procedures. The Gaming Commission

Chairman-Executive Secretary shall supervise the tribal gaming inspectors

with respect to compliance with personnel policies and procedures. The

budget for the Tribal Gaming Commission shall include the costs associated

with tribal gaming inspectors.

(c) Tribal gaming inspectors shall report any violations of this Ordinance, the

Act, the North Dakota Compact or South Dakota Compact to the Tribal

Gaming Commission.

Section 23-3 15. Executive Committee Member and Tribal Liaison Officer

There shall be established an Executive Committee Officer position who shall be responsible

for the oversight of the Standing Rock Sioux Tribes proprietary interests in the Prairie Knights

Casino and Lodge enterprise located on the Standing Rock Sioux Reservation.

There shall be established a Tribal Liaison Officer position who shall be responsible for the

oversight of the Standing Rock Sioux Tribes proprietary interests in the Grand River Casino and

Resort enterprise located on the Standing Rock Sioux Tribe Reservation.

The Executive Committee Member officer and the Tribal Liaison Officer shall operate in

accordance with their respective position descriptions as adopted by the Standing Rock Sioux Tribe

detailing their duties and responsibilities which shall include:

(a) Meeting with casino management on a regular basis on casino operations,

(b) Submitting written reports on the status of casino operations,

(c) Preparing with casino management, the gaming activities license application

(facilities)

(d) Assure compliance of the management contracts and or management employee

agreements of the respective casino enterprises (Class III),

(e) Submission of financial reports to the Tribal Council of the Tribes gaming

enterprises (Class III),

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(f) Assure the Tribes gaming enterprises are operating according to generally accepted

gaming industry standards, and

(g) Assure that Indian Preference remains a priority in the recruitment, hiring, training,

lateral transfers, promotions, and career opportunities with the Tribes casino

enterprises.

Section 23-316. Tribal Immunity

Nothing in this Ordinance shall be construed to waive the immunity from suit of the Tribe,

the Tribal Gaming Commission or Tribal Gaming Commission professional staff; provided that

judicial review of actions of the Tribal Gaming Commission shall be available as set forth in this

Ordinance. In no event shall this Ordinance be construed as consent to any money judgment, lien

or attachment of any property of the Tribe, Commission or Professional Staff. No money damages

shall be awarded against a Commission member, professional staff, or other Tribal official acting

in good faith within the scope of their official duties under this Ordinance.

Chapter 4: Compliance with the Act

Section 23-401. Applicability

All gaming on the Reservation shall be conducted according to the provisions of this

Ordinance and in compliance with the Indian Gaming Regulatory Act.

Section 23-402. Sole Proprietary Interest

In compliance with 25 U.S.C. 2710(b)(2)(A), the Tribe or a tribal subdivision shall have the

sole proprietary interest and responsibility for the conduct of any gaming activity on the Reservation.

Ownership of any Class II or III game by any other entity or individual is prohibited.

Section 23-403. Use of revenues

In compliance with 25 U.S.C. §2710(b)(2)(B), net revenues from any gaming activity are not

to be used for any purposes other than:

(a) To fund tribal government operations or programs;

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

(c) To promote tribal economic development;

(d) To donate to charitable organizations;

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(e) To help fund operations of local government agencies of the State and its

political subdivisions; or

(f) to provide per capita payments to the Standing Rock Sioux Tribe enrollees

in accordance with the Indian Gaming Regulatory Act.

Section 23-404. Audits

In compliance with 25 U.S.C. §2710(b)(2)(C) and (D), all gaming activities shall be subject

to an audit by independent certified accountants, not less than annually. The audit shall include all

contracts for supplies, services or concessions for a contract amount in excess of $25,000 annually

(except contracts for professional legal or accounting services) relating to Class II or Class III

gaming. The audit shall be arranged by the licensee conducting the gaming, who shall provide a

copy of the audit to the Tribal Gaming Commission Chairman-Executive Secretary upon completion.

The Chairman-Executive Secretary shall thereafter forward the audit report to the Tribal Council,

Tribal Gaming Commission, and the National Indian Gaming Commission.

Section 23-405. Environmental and Public Health and Safety Standards

In compliance with 25 U.S.C. §2710(b)(2)(E), the construction and maintenance of any

gaming facility, and the operation of gaming activities, shall be conducted in a manner which

adequately protects the environment and the public health and safety, and for that purpose shall

comply with all applicable health, safety and environmental standards enacted by the Tribe. Those

standards generally imposed by the laws and regulations of the State of North Dakota relating to

public facilities with regard to building, sanitary, and health standards and fire safety shall be

deemed to be incorporated by this Ordinance as the laws of the Tribe applicable to gaming facilities

of the Tribe on the North Dakota portion of the Reservation, provided however that such state laws

have no force or effect on the Reservation other than by incorporation into this Ordinance, and

provided further that if an approved management agreement stipulates that national building, electric

and fire codes apply, then those standards shall be used. Those standards generally imposed by the

laws and regulations of the State of South Dakota relating to public facilities with regard to building,

sanitary, and health standards and fire safety shall be deemed to be incorporated by this Ordinance

as the laws of the Tribe applicable to gaming facilities of the Tribe on the South Dakota portion of

the Reservation, provided however, that such state laws have no force or effect on the Reservation

other than by incorporation into this Ordinance.

Section 23-406. Status as a Tribal Subdivision

Each entity seeking designation as a tribal subdivision for the purpose of this Ordinance shall

file an application with the Standing Rock Sioux Tribal Council. The application shall provide

information on the nature and purpose of the entity and the programs it operates, and shall

demonstrate that the uses to which it puts its funds conform to Section 23-403. The decision of the

Council on any application shall be final. The Districts are designated as tribal subdivisions,

13
however, any district seeking a license under this Ordinance must specify, in writing, the members

of the District entity responsible for gaming by that District. Tribal subdivisions shall be eligible for

Class II gaming only.

Section 23-407. Licenses for Gaming Actwities

The Commissionshall issue a license for each place, facility, or location where gaming is

conducted. For each location licensed, a sworn application must be filed by the Tribe or the

sponsoring organization that contains a full and complete showing of the following:

(a) Satisfactory proof that the sponsoring organization (if other than the Tribe)

is of good character and reputation among the people of the Reservation, with

particular reference to the Indian people, and that it is financially responsible.

(b) A description of the premises in which the game is to be held, and proof that

the applicant is the owner of such premises, or lessee of such premises, for

at least the term of the license.

(c) Agreement by the applicant to accept and abide by all applicable provisions

of this Ordinance and all conditions of the tribal license.

(d) Satisfactory proof that no primary management officials or key employees

or applicant has ever been convicted of a felony. Non-Gaming staff shall not

have any felony conviction within ten (10) years prior to the commencement

of their employment and shall have demonstrated rehabilitative status which

shall mean no criminal convictions other than minor traffic offenses or minor

crimes which did not result in incarceration or imprisonment. Support Staff

who have a felony conviction shall not be allowed to assume any primary

management official or key employee positions or duties and responsibilities.

(e) Satisfactory proof that notice of the application has been posted in a

prominent, noticeable place in the Tribal Office and on the premises where

the game is to be held for at least 30 days prior to consideration by the

Commission, and published at least twice in a local newspaper serving the

Reservation. The notice shall state the date, time and place when the

application shall be considered by the Tribal Gaming Commission.

Section 23-408. License Fees and Duration of License

(a) Each application for a license under this Section shall be accompanied by an

application fee of $50, provided however that the Tribe shall not be required

to pay any such fee. In addition, each licensee, other than the Tribe, shall pay

to the Tribal Gaming Commission a fee according to the following schedule:

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- 5% of the first $100,000 of net revenues;

- 2% of the net revenues between $100,000 and $250,000; and

-

1% of the net revenues above $250,000.

Such fees shall be paid to the Commission by the last day of each month for

the previous months net revenues.

(b) Where the Tribe is the licensee, and the Tribe retains a management

contractor pursuant to Chapter 6 of this Ordinance, the management

contractor shall pay an annual license fee of $10,000.00. The first such

license fee shall be due prior to the contractor operating any Class III games.

Thereafter, such license fees shall be due on December 31 of each year for

the following calendar year.

(c) Each license shall expire on December 31 of the calendar year in which it is

issued, and may be renewed by the Commission upon proper application.

23-409. Hearing on Application for a License

(a) All applications for a gaming license shall be considered by the Gaming

Commission in open session at which the applicant, his attorney and any

person protesting the application shall have the right to be present, and to

offer sworn oral or documentary evidence relevant to the application. After

the hearing, the Commission shall determine whether to grant or deny the

application, based on the Commissions determination of the best interests of

the Tribe. The decision of the Gaming Commission shall be final.

(b) Existing licensees shall have no vested right to have their licenses renewed

or extended, and compliance with this Ordinance does not guarantee an

existing licensee a renewal or extension. In each case, the Commission shall,

in the exercise of its discretion, make its determination based on all the

evidence presented to it, provided that, with respect to Class III gaming

operated under a management contract, the Commission shall not revise or

fail to renew a license except on grounds permissible under such management

contract.

Section 23-4 10. Conditions of the Tribal License

15
Any tribal license issued under this Ordinance shall be subject to such reasonable conditions

as the Gaming Commission shall fix, including, but not limited to the following:

(a) The licensee shall at all times maintain an orderly, clean, and neat

establishment, both inside and outside the licensed premises.

(b) The licensed premises shall be subject to patrol by the tribal and BIA law

enforcement officers, for the purpose of enforcing tribal law, and the

licensees shall cooperate at all times with such law enforcement officers.

(c) The licensed premises shall be open to inspection by duly authorized tribal

officials, and officials of the National Indian Gaming Commission at all

times during the regular business hours.

(d) There shall be no discrimination in the operations under a tribal license by

reason of race, color or creed, age, sex, or national origin, provided, however,

that a licensee shall give a preference in employment to Indians.

(e) Management at a gaming facility shall not allow a person who manages or

receives any compensation, directly or indirectly, in the operation of any

Class II game of chance to play in that game or other game of chance while

on duty. Management shall not allow any person who, without payment,

assists in the operation of any Class II or Class III game of chance, to play in

any game within 24 hours after the time said person did so assist.

Management shall not allow any person who receives any compensation,

directly or indirectly, in the operation of a Class III game, to play any Class

III game conducted by the management.

(1) No beverage containing alcohol, including but not limited to, beer or liquor,

shall be offered or awarded as a prize or in lieu of a prize for winning at any

of the activities authorized by this Ordinance.

(g) No firearms, air guns which are capable of discharging dangerous projectiles,

including but not limited to b.b.s or C02 guns, rifles, shotguns, pistols, or

revolvers; shall be offered or awarded as a prize or in lieu of a prize for

winning at any of the activities authorized by this Ordinance.

(h) No person involved in the operation of any activity authorized by this

Ordinance shall, directly or indirectly, in the course of such operation,

employ any device, scheme, or artifice to defraud, make any untrue statement

of a fact, or omit to state a consideration of the circumstances under which

such statement was made, or engage in any act, practice, or course of

operation as would operate as a fraud or deceit upon any person.

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(i) All licensees shall comply with all applicable requirements of the Federal

Internal Revenue Code.

Section 23-411. Assignment or Transfer

No license issued under this Ordinance shall be assigned or transferred without the written

approval of the Commission and the Tribal Council, both expressed by formal resolution.

Section 23-412. Cancellation and Suspension

The licensee must have, and exercise, complete control over the premises being used for

gaming at all times said games are being played. The licensee, the manager, and the employees shall

be legally responsible for any violation of the Ordinance. Any license issued hereunder may be

canceled by the Commission for the breach of any of the provisions of this Ordinance or of the tribal

license, upon hearing before the Commission, after 10 days notice of the claimed breach to the

licensee. If the Tribe is the licensee, notice shall be served on the manager of the tribal operation.

The time and place of the hearing shall be posted in the Tribal office and if time permits, in a local

newspaper serving the Reservation. The licensee, manager, their attorney and any person affected

by the license shall have the right to be present and to offer sworn oral or documentary evidence

relevant to the breach charged. A license may be suspended during the 10 day period by a majority

vote of the Commission at a meeting at which a quorum is present. The decision of the Commission

shall be

final.

Section 23-413. Report to the Commission

Each licensee shall submit to the Tribal Gaming Commission, on a quarterly basis, a

financial report for the previous quarters operations. Such reports shall be signed, under oath, by

an official or representative of the licensee, who in the case of a tribal operation shall be the

operations manager. The reports shall document:

(a) Gross receipts for each month.

(b) Names of each employee and the salary or other compensation paid to each.

(c) All expenses in the operation of the facility, specifying all payments to

vendors and contractors.

(d) The amount paid in prizes each month.

(e) All bank deposits made from proceeds of the facility operations, including

any interest received on such deposits.

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(f) All: bank withdrawals, and the purpose of each.

(g) All expenditures of net proceeds including the amount, person or organization

paid, date, and purpose of such expenditures.

(h) That each licensee vvill submit copies of all IRS required forms.

Chapter 5: Background Investigations and Licensing of

Key Employees, Primary Management Personnel and Non-Gaming Staff

Section 23-501. License required

All primary management officials and key employees of any gaming facility on the

Reservation or licensed under this Ordinance shall be required to obtain a gaming employment

license from the Commission prior to the commencement of employment.

Upon request from the gaming establishment and pending results of the background

investigation, the Commission may issue a Temporary Gaming License to any key employee

applicant not to exceed thirty (30) days. The issuance of a Temporary Gaming License may be

revoked if the background investigation reveals an impediment to the hiring of a key employee.

Section 23-502. Background Investigation

As part of the licensing process, each prospective primary management official and key

employee shall be subject to a background investigation prior to hiring. For Class III gaming

conducted in North Dakota, the investigation shall be conducted by the State of North Dakota. For

Class III gaming conducted in South Dakota, the investigation shall be conducted by the State of

South Dakota. Any costs of such investigations shall be paid by the applicant. In addition, the

Commission may conduct its own investigation on any applicant for such license, with the costs paid

by the applicant.. Each applicant for a license regarding Class II or Class III employment shall

execute a release permitting the appropriate State or the Commission to conduct such investigation,

and shall provide his or her full name, address and social security number.

For Class II gaming conducted on the Reservation, the investigation shall be conducted by

the licensee, or at its discretion, by the Commission.

Section 23-503. Licensing Standard

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(a) No primary management official, key employee or entity shall be issued a license

under this chapter if he or she:

(1) Has been convicted of a federal, state or tribal felony or

(2) Has been released from parole or probation or incarcerated within five years

of the commencement of his or her employment with the Tribe,

(3) Has been convicted of a felony or misdemeanor involving fraud,

misrepresentation or gambling,

(4) Has been found to be not a person of good character, honesty and integrity

or a person whose prior activities, criminal record, reputation, habits, and

associations pose a threat to the public interest of the Tribe or the State of

North Dakota or the State of South Dakota or to the effective regulation and

control of gaming, or create or enhance the dangers of unsuitable, unfair or

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

carrying on of the business and financial arrangements incidental to the

conduct of gaming, or

(5) Has been found to have participated in organized crime or unlawful gambling.

(b) Non-gaming staff as defined in Section 23-2 10 shall be required to submit to a

background investigation and shall not have any felony conviction within ten (10)

years priOr to the commencement of their employment and shall have no criminal

convictions other than minor traffic offenses or misdemeanors, which did not

result in incarceration, probation, parole or imprisonment. Non-gaming staff with

a felony conviction shall not be allowed to assume any primary management

official or key employee positions, or duties and responsibilities at any time. Any

change in status from non-gaming staff to key or primary shall be subjected to the

licensing process in Section 23-504 prior to obtaining such license (s).

(c) During the period the background investigation is being conducted for NonGaming Staff, the Commission may issue a thirty (30) day temporary non-gaming

support license, with the understanding that the employee is a temporary,

probationary employee, whose employment is initially conditioned upon a

successful background investigation. If the results of the background

investigation reveal an impediment to the issuance of a gaming license, the

employee shall be immediately terminated, with no right of appeal. If the

background investigation reveals no criminal history, the employee may be

granted a gaming license.

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Section 23-504. Application for License

(a) Each primary management official and key employee shall, at the time of their hiring

but prior to commencing employment, fill out an application for a tribal license to be

provided by the Commission. Each such application shall have printed on it the

following notices:

1. Privacy notice:

In compliance with the Privacy Act of 1974, the following information is

provided: Solicitation of the information on this form is authorized by 25

U.S.C. §2701 ~ ~ 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 cormection with the hiring and 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 (SSN) is voluntary.

However, failure to supply a SSN may result in errors in processing your

application.

2. Notice regarding false statements:

A false statement on any part of your application may be grounds for not

hiring you or for firing you after you begin work. Also, you may be punished

by fine or imprisonment (U.S. Code, Title 18, Section 1001).

(b) The applicant will provide the following information:

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

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

20
2. For the previous five years: business and employment positions held,

ownership interests in those businesses, business and residence addresses,

and driver license numbers;

3. The names and current addresses of at least three personal references,

including one personal reference who was acquainted with the applicant

during each period of residence listed in subparagraph 2;

4. Current business and residence telephone numbers;

5. A description of any current or previous business relationships with Indian

tribes, including ownership interests in those businesses;

6. A description of any current or previous business relationships with the

gaming industry generally, including ownership interests in those businesses;

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

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

whether or not such license or permit was granted;

8. For each felony for which there is an ongoing prosecution or a conviction, the

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

disposition, if any;

9. For each misdemeanor conviction or ongoing misdemeanor prosecution

(excluding minor traffic violations) within 10 years from the date of the

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

disposition;

10. For each criminal charge (excluding minor traffic charge) within 10 years of

the date of application, other than those listed in response to Sections 23-

504(b)(8) or (b)(9) of this Ordinance, the charge, the name and address of the

Court involved, and the date and disposition of the charge.

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

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

or not such license or permit was granted;

12. A photograph;

13. Fingerprints; and

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14. Any other information which, in a particular case, the Commission deems

relevant.

Section 23-505. Determination of Eligibility

On the basis of the information received under subparagraph (b) of Section 23-504, and the

background investigation conducted by the appropriate State, the Commission shall consider the

applicant for a license. Upon a vote of a majority of its members, including the Chairman-Executive

Secretary, the Commission shall make a determination of the applicants eligibility for a license,

pursuant to the standards set forth in Section 23-503. The Commission shall make its determination

of eligibility within 30 days of receipt of the information under Section 23-504(b), the result of the

background investigation of the appropriate state, and the results of the additional background

investigation, if any, conducted by the Commission. Notwithstanding any other provision, any

person who supplies materially false or misleading information, or who has omitted material

information in connection with the requirement of this Chapter, shall be denied a license.

Section 23-506. Issuance of License

When the Commission determines that an applicant is eligible for a license, it shall promptly

forward its determination and the results of its investigation to the National Indian Gaming

Commission. The information forwarded to the Commission shall include the notices set forth in

Section 23-504(a)(1) and (a)(2), the information provided under 23-504(b), and a report of the

background investigation under 23-502. If, at the conclusion of the 30-day period beginning when

the National Indian Gaming Commission receives the report submitted pursuant to this

subparagraph, the National Indian Gaming Commission has not notified the Tribal Commission that

it has any objections, the Tribal Commission may issue the license to the applicant. If the National

Indian Gaming Commission informs the Tribal Commission that it objects to issuance of the license,

the Tribal Commission shall reconsider the application in light of the National Indian Gaming

Commissions objections. The Tribal Commission shall make the final decision on whether to issue

such license.

Section 23-507. Duration of License and Renewal

Each license shall be effective for a period of one year, from the date of issuance. Prior to

expiration of the license, the licensee shall update the information produced during the original

investigation as required by Section 23-504(b). The Commission shall conduct a review to

determine that each licensee continues to meet the standards of Section 23-503 and shall make its

determination within 30 days of receipt of the renewal sheet. If the Commission finds that the

licensee continues to meet the standards, it shall renew the license for an additional year. No license

renewal request shall be tabled by the Commission. Notice of any such renewals shall be

forwarded to the National Indian Gaming Commission.

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Section 23-508. Effect of License Denial

No person denied a license under this Chapter shall be employed in any capacity at a tribally

authorized gaming facility, provided that such person shall be eligible to reapply for a license one

year or more after the license denial.

Section 23-509. Hearings

Any person who applies for a license under this Chapter may request a hearing before the

Commission on its license application. The Commission may grant such a request for a hearing in

its sole discretion, provided that, if the hearing is requested by a person or entity whose application

under this Chapter has been denied by the Commission and such request is made in writing within

30 days of the denial, such request for a hearing shall be granted. At any hearing under this section,

the applicant shall have the right to be present, be represented by counsel at the applicants own

expense, to review all evidence before the Commission on the application, and to present additional

oral or documentary evidence in support of the application. The decision of the Commission shall

be in writing, and shall be rendered within three days of the hearing.

Section 23-510. License Suspension

(a) If, after issuance of a license under this Chapter, the Commission receives reliable

information that a key employee or primary management official is not suitable for

a gaming license under this Chapter, the Commission shall suspend the license and

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

suspension shall not extend beyond 7 days without a hearing.

(b) The Commission shall notify the licensee of the time and place of the hearing. At the

hearing, the licensee shall be entitled to the rights specified in Section 23-509.

(c) After a revocation hearing, the Commission shall determine, based on the evidence

presented at the hearing, whether to revoke or reinstate the license. If the licensee

continues to meet the standards of Section 23-503, the license shall be reinstated. If

not, the license shall be revoked.

Chapter 6: Management Contractors

Section 23-601. Management Contracts Allowed

Subject to the approval of the Standing Rock Sioux Tribe and the National Indian Gaming

Commission, a licensee may enter a management contract for the operation and management of

gaming activities.

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Section 23-602. Standard for Approval

The Commission shall not approve any management contract unless its terms include:

(a) Adequate accounting procedures to be maintained by the contractor and

verifiable financial reports submitted to the licensee and the Commission on

a monthly basis.

(b) Access to the daily operation of the gaming for appropriate officials of the

licensee and the Commission, who shall also have the right to verify the daily

gross revenues and income made from the gaming activity.

(c) A minimum guaranteed payment to the licensee that has preference over the

retirement of development and construction costs.

(d) A contract term not to exceed seven years.

(e) A management fee not to exceed 30 percent of the net revenues of the gaming

activity.

(f) Grounds and mechanisms for terminating the contract.

Section 23-603. Submission to the National Indian Gaming Commission

The Tribe shall submit to the National Indian Gaming Commission for approval any

management contract for the operation of a Class II or Class III game. The Tribe shall submit with

the contract all information required by the National Indian Gaming Commission for its review of

the contract.

Section 23-604. Licenses Required

All persons or entities 1) with a financial interest in or having a management responsibility

for a Class III management contract, or 2) which are vendors to a Class III gaming operation under

this Ordinance shall be required to obtain a license from the Commission. For each person or entity

with a financial interest in or having a management responsibility for a Class III management

contract, the initial license fee shall be S 1,000, and the renewal license fee shall be $500. For each

vendor to a Class III gaming operation, the aimual license fee shall be $2,500.

Section 23-605. Background Investigation

As part of the licensing process, each person or entity having a financial interest in or having

a management responsibility for a management contract and each vendor shall be subject to a

background investigation. For Class II and Class III gaming conducted in North Dakota, the

24
investigation shall be conducted by the State of North Dakota. For Class II and Class III gaming

conducted in South Dakota, the investigation shall be conducted in South Dakota. Any costs of such

investigation shall be paid by the applicant. In addition, the Commission may conduct its own

investigation on any such person or entity, with the costs paid by the applicant. Each applicant for

a license shall execute a release permitting the appropriate State or the Commission to conduct such

investigation, and shall provide his or her full name, address and social security number.

Section 23-606. Licensing Standard

No person or entity shall be issued a license under this Chapter if that person or entity (or a

principal of such entity) (1) has been convicted of a federal, state or tribal felony (2) or released from

parole or probation or incarcerated within five years of the application date, (3) has been convicted

of a felony or misdemeanor involving fraud, misrepresentation or gambling, (4) has been found to

be not a person of good character, honesty and integrity or a person or entity whose prior activities,

criminal record, reputation, habits, and association pose a threat to the public interest of the Tribe

or the State of North Dakota or the State of South Dakota or to the effective regulation and control

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

activities in the conduct of gaming or the carrying on of the business and financial arrangements

incidental to the conduct of gaming, or (5) has been found to have participated in organized crime

or unlawful gambling.

Section 23-607. Application for License

(a) Each applicant with a financial interest in or having a management responsibility for

a Class III management agreement shall fill out an application for a tribal license to

be provided by the Commission.

Each such applicant shall sign and submit the following statements:

1. Privacy notice:

Solicitation of the information in this section is authorized by 25 U.S.C.

§270 1 ~ ~. The purpose of the requested information is to determine the

suitability of individuals with a financial interest in, or having management

responsibility for, a management contract. The information will be used by

the National Indian Gaming Commission members and staff and Indian tribal

officials who have need for the information in the performance of their

official duties. The information may be disclosed to appropriate federal,

tribal, state, or foreign law enforcement and regulatory agencies in

connection with a background investigation or when relevant to civil,

criminal or regulatory investigations or prosecutions or investigations of

activities while associated with a gaming operation. Failure to consent to the

disclosures indicated in this statement will mean that the Chairman of the

25
National Indian Gaming Commission will be unable to approve the contract

in which the person has a financial interest or management responsibility.

The disclosure of a personal Social Security Number (S SN) is voluntary.

However, failure to supply a SSN may result in errors in processing the

information provided.

2. Notice regarding false statements:

(a) Applicant shall sign and submit the following statement:

A false statement knowingly and willfully provided in any of the

information pursuant to this section may be grounds for not

approving the contract in which I have a financial interest or

management responsibility, or for the disapproving or voiding such

contract after it is approved by the Chairman of the National Indian

Gaming Commission. Also, I may be punished by fine or

imprisonment (U.S. Code, title 18, section 1001).

(b) Each person seeking a license under this Chapter shall provide the

following information:

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

number(s), birth date, place of birth, citizenship, and gender;

2. A current drivers license number, and a list of all languages

spoken or written;

3. For the previous ten years: business and employment

positions held, ownership interests in those businesses,

business and residence addresses, and the city, state and

country of residence from age 18 to the present;

4. The names and current addresses of at least three personal

references, including one personal reference who was

acquainted with the applicant at each different residence

location over the past five years;

5. Current business and residence telephone numbers;

6. A description of any previous business relationships with

Indian tribes, including ownership interests in those

businesses;

26
7. The name and address of any licensing or regulatory agency

with which the applicant has filed an application for a license

or permit related to gaming, whether or not such license or

permit was granted;

8. For each gaming offense and 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 of the charge and

of the disposition;

9. For each misdemeanor or other conviction or ongoing

misdemeanor or other prosecution (excluding minor traffic

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

the name and address of the court involved and the dates of

prosecution and of the 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 of

permit was granted;

11. A photograph;

12. Fingerprints;

13. A complete and current financial statement showing all

sources of income for the previous three (3) years, and costs,

liabilities, and net worth as of the date of the submission;

14. Any other information which, in a particular case, the

Commission deems relevant.

Section 23-608. Determination of Eligibility

On the basis of the information received under subparagraph (b) of Section 23-607, and the

background investigation conducted by the appropriate State, the Commission shall consider the

application for a license. Upon a vote of a majority of its members, including the ChairmanExecutive Secretary, the Commission shall make a determination of the applicants eligibility for a

license, pursuant to the standards set forth in Section 23-606. Notwithstanding any other provision,

any person or entity which supplies materially false or misleading information, or who has omitted

material information in connection with the requirements of this Chapter, shall be denied a license.

27
Section 23-609. Issuance of License

VvThen the Commission determines that a person or entity with a financial interest in or

having a management responsibility for a Class III management agreement is eligible for a license,

it shall promptly forward its determination and the results of its investigation to the National Indian

Gaming Commission. If, at the conclusion of the 30-day period beginning when the National Indian

Gaming Commission receives the report submitted pursuant to this subparagraph, the National

Indian Gaming Commission has not notified the Tribal Commission that it has any objections, the

Tribal Commission may issue the license to the applicant.

Section 23-610. Duration of License

Each license under this Chapter shall be effective for a period of one year. Prior to the

expiration of the license, the licensee shall update the information produced during the original

investigation. The Commission shall conduct a review to determine that each licensee continues to

meet the standards of Section 23-606. If the Commission finds that the licensee continues to meet

the standards, it shall renew the license for an additional year. Notice of any such renewals shall be

forwarded to the National Indian Gaming Commission.

Section 23-611. Hearings

Any person or entity which applies for a license under this Chapter may request a hearing

before the Commission on its license application. The Commission may grant such a request for a

hearing in its sole discretion, provided that, if the hearing is requested by a person or entity whose

application under this Chapter has been denied by the Commission and such request is made in

writing within 30 days of the denial, such request for a hearing shall be granted. At any hearing

under this section, the applicant shall have the right to be present, be represented by counsel at the

applicants own expense, to review all evidence before the Commission on the application, and to

present additional oral or documentary evidence in support of the application. The decision of the

Commission shall be in writing, and shall be rendered within three days of the hearing.

Section 23-612. License Suspension

(a) If, after issuance of a license under this Chapter, the Commission receives reliable

information that such person or entity is not eligible for a license under this Chapter,

the Commission shall suspend the license and notify the licensee in writing of the

suspension and proposed revocation. Such suspension shall not extend beyond 7

days without a hearing.

(b) The Commission shall notify the licensee of the time and place of the hearing. At the

hearing, the licensee shall be entitled to the rights specified in Section 23-611.

28
(c) After a revocation hearing, the Commission shall determine, based on the evidence

presented at the hearing, whether to revoke or reinstate the license. If the licensee

continues to meet the standards of Section 23-609, the license shall be reinstated. If

not, the license shall be revoked.

Section 23-613. Definitions

(a) For purposes of this Chapter, the term persons or entities with a financial interest

in, or having management responsibility for, a management contract means:

(1) Each person with management responsibility for a management contract;

(2) Each person who is a director of a corporation that is a party to a management

contract;

(3) The ten (10) persons who have the greatest direct or indirect financial interest

in a management contract;

(4) Any entity with a financial interest in a management contract;

(5) Arty other person with a direct or indirect financial interest in a management

contract.

(b) For purposes of this Chapter vendor means:

(i) any person or entity providing Class III gaming equipment to a gaming operator

under this Ordinance in a total amount exceeding $50,000.00 in a twelve-month

period, or

(ii) any other person or entity which provides goods or services (other than

accounting or legal services) to a gaming operator, provided that, notwithstanding

any other provision of this Ordinance, a vendor as defined under this subsection

(ii)shall be required to obtain a license under Section 23-604 only if the

Commission, in its discretion, specifically so requires.

Chapter 7: Class II Gaming

Section 23-701. Conditions

The following conditions and restrictions shall apply to the conduct of Class II gaming,

including bingo:

29
(a) No person who is under the age of 16 shall participate or play in any Class

II game of chance. No person under the age of 16 shall be allowed on

premises where Class 11 games are being conducted unless that person is

accompanied by a member of his immediate family or guardian who is not

younger than 18 years of age. It shall be the responsibility of the licensee and

of those persons physically operating the games to determine that no

unauthorized person is allowed to play in or participate in any maimer in the

operation of any bingo game.

(b) All Class II licensees shall impose a uniform charge on all players for the

bingo cards to be used in each bingo game. The rate to be charged players

for cards shall be fixed by each licensee and posted conspicuously on the

premises. No person shall be allowed to play in a game without first paying

this uniform charge. Each person paying for the opportunity to participate in

a bingo game shall be given a bingo card which shall be numbered and can

be readily identified as belonging to that licensee. Each card issued shall

represent a specific amount of money which has been paid to the licensee.

The amount of prize money represented by each card issued shall be clearly

made known to all players prior to anyone paying to participate in the

activity.

(c) Bingo cards shall be sold and paid for, only in advance for use in a specified

game or games. All sales of bingo cards shall take place upon the premises

and upon the occasion that the bingo games for which the card is being sold

are conducted. No cards may be sold on credit or as a gift or loan of any kind

whatever.

(d) Each numbered ball, or other device, used in a bingo game for the selection

of numbers to be called in play shall be the same weight as each of the other

balls or devices used for the purpose in that game. Immediately following

the calling of each number in a bingo game, the caller shall turn the portion

of the ball or other device used to determine which number is called which

shows the number and letter to the participants in the game so that

participants may know that the proper number has been called out. Nothing

in this section shall prohibit the use of electronic, computer or other

technological aids in games of bingo or other games of chance provided that

such aids are used properly and fairly.

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Chapter 8: Class III Gaming

Section 23-801. Applicability

In addition to the forms of Class II gaming authorized pursuant to Chapter 7, the Tribe shall

be authorized to conduct certain specified forms of Class III gaming. This chapter imposes

conditions and regulations on Class III gaming in addition to the conditions in Chapter 4, which are

applicable to all gaming on the Reservation.

Subchapter A: Gaming in North Dakota

Section 23-802. Applicability

This subchapter applies to Class III gaming, as defined in Section 23-203 of this Ordinance

and in the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8), that occurs on lands within the

State of North Dakota which are on the Standing Rock Sioux Reservation, held in trust by the United

States for the Tribe or individual Indians or are otherwise subject to the jurisdiction of the Standing

Rock Sioux Tribe.

Section 23-803. Governing law

Class III gaming under this subchapter shall be governed by and conducted in conformity

with the laws of the Standing Rock Sioux Tribe, the North Dakota Compact and the laws of the

United States.

Section 23-804. Adoption of Compact

The North Dakota Compact is hereby incorporated within and enacted as an integral part of

this Ordinance with respect to all forms of Class III gaming, and the Compact is appended to and

made a part of this Ordinance as if set forth in full herein; provided however, that nothing in the

adoption of the North Dakota Compact herein shall be deemed to affect the operation by the Tribe

of Class III gaming on the South Dakota portion of the Reservation, or the operation by the Tribe

of Class II gaming on any portion of the Reservation, or to confer upon the State of North Dakota

any jurisdiction over Class II gaming conducted by the Tribe on the Reservation.

Section 23-805. Types of Class HI Games Authorized

The following Class Ill games are authorized to be operated and played on the North Dakota

portion of the Reservation;

a. video games of chance and electronic slot machines utilizing a central

computer system.

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b. paddle wheel

c. blackjack

d. poker, including pai gal poker and Caribbean poker

e. keno

1. sports and calcutta pools as defined under North Dakota law

g. parimutuel and simulcast betting if an agreement governing such betting is

reached between the Tribe and North Dakota.

Section 23-806. Bet Limits

The following bet limits shall apply to the following games:

Blackjack $50.00 maximum

Any machine 5.00 maximum

Poker 25.00 maximum (single bet)

50.00 maximum (overall bet)

Paddle wheel 25.00 maximum (single bet)

50.00 maximum (overall bet)

Section 23-807. Minimum Age Requirement

No person under the age of 18 shall be allowed to play any Class 111 gaming on the North

Dakota portion of the Reservation. If any person below the age of 18 plays and qualifies to win any

Class III game, the prize shall not be paid, and the amount wagered during the course of the game

shall be forfeited by the minor.

Section 23-808. Record Keeping Requirement

Each location which contains video games of chance shall have an interconnected one-way

reporting system which shall provide, for each machine, periodic analytic reports that record coins

in and coins out, calculate actual hold, and compare actual hold to theoretical percentages. Reports

shall be prepared on at least a monthly basis and shall be made available for inspection by agents of

the State of North Dakota. The reports shall be maintained by the Tribe for a minimum of three

years.

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Section 23-809. Inspection

Gaming Agents of the Tribe or the State of North Dakota shall have the right to gain access,

without notice during normal hours of operation, to all premises used for the operation of Class III

games of chance on the North Dakota portion of the Reservation, or for the storage of such games

and equipment related thereto, and may inspect all premises, equipment, daily records, documents

or items related to the operation of Class III games of chance.

Section 23-810. Technical Standards

The provisions of Section 6 of the North Dakota Compact, Technical Standards for Class

III Video Games of Charice are hereby adopted and incorporated into this Ordinance.

Subchapter B: Gaming in South Dakota

Section 23-811. Applicability

This subchapter applies to Class III gaming, as defined in Section 23-203 of this Ordinance

and in the Indian Gaming Regulatory Act at 25 U.S.C. §2703(8), that occurs on lands within the

State of South Dakota which are on the Standing Rock Sioux Reservation, held in trust by the United

States for the Tribe or individual Indians or are otherwise subject to the jurisdiction of the Standing

Rock Sioux Tribe.

Section 23-812. Governing Law

Class III gaming under this subchapter shall be governed by and conducted in conformity

with the laws of the Standing Rock Sioux Tribe, the South Dakota Compact and the laws of the

United States.

Section 23-8 13. Adoption of Compact

The South Dakota Compact is hereby incorporated within and enacted as an integral part of

this Ordinance with respect to all forms of Class III gaming, and the Compact is appended to and

make a part of this Ordinance as if set forth in full herein; provided however, that nothing in the

adoption of the South Dakota Compact herein shall be deemed to affect the operation by the Tribe

of Class III gaming on the North Dakota portion of the Reservation, or the operation by the Tribe

of Class II gaming on any portion of the Reservation, or to confer upon the State of South Dakota

any jurisdiction over Class II gaming conducted by the Tribe on the Reservation.

Section 23-814. Types of Class III Games Authorized

The following Class III games are authorized to be operated and played on the South Dakota

portion of the Reservation;

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a. blackjack, as that term is defined in South Dakota Codified Laws 42-7B-4(3);

b. poker, as that term is defined in South Dakota Codified Laws 42-7B-4(18);

c. slot machines, as that term is defined in South Dakota Codified Laws 42-7B4(21).

Section 23-815. Bet Limits

Class III gaming operations on the South Dakota portion of the Reservation may offer the

highest bet limits on any game consistent with the laws of the State of South Dakota and the

regulations of the South Dakota Gaming Commission.

Section 23-816. Accounting Standards

The accounting standards of Chapter 20:18:22 of the South Dakota Rules and Regulations

for Limited Gaming are hereby adopted and incorporated into this Ordinance.

Section 23-817. Minimum Age Requirement

No person under the age of2l shall play or be allowed to play any Class III gaming device

in the South Dakota portion of the Reservation. If any person below the age of 21 plays and

qualifies to win any Class III game, the prize shall not be paid, and the amount wagered during the

course of the game shall be forfeited by the minor.

Section 23-818. Technical Standards for Gaming Machines

The hardware and software specifications set forth by the South Dakota Gaming Commission

and SDCL 42-7B-43 are hereby adopted and incorporated into this Ordinance. All Class III gaming

machines on the South Dakota portion of the Reservation shall meet or exceed these standards.

Section 23-819. Number of Gaming Devices

The Tribe shall be authorized to operate up to 180 gaming devices on the South Dakota

portion the Reservation, or such greater amount as may be authorized under the South Dakota

compact, provided however, that any increase or decrease in the gaming device limitation contained

in the laws of the State of South Dakota will result in a proportional increase or decrease in the limit

of 180 devices permitted under this Ordinance.

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Chapter 9: No Credit Extended

Section 23-901. No Credit Extended

All Class III gaming shall be conducted on a cash basis. No person shall be extended credit

for gaming and no licensee shall be permitted to offer credit for gaming for a fee; provided however

that this section shall not apply to credits won by players who activate play after inserting coins or

currency into the game, and provided further that this section shall not restrict the right of the Tribe

or any other person to offer check cashing or to install or accept bank or credit card transactions in

the same manner as would be normally permitted at a retail business.

Chapter 10: Jurisdiction Over Class III Gaming

Section 23-1001. Civil Jurisdiction in South Dakota

The Standing Rock Tribal Court shall have civil jurisdiction exclusive of the State of South

Dakota over all transactions or disputes related to or arising from gaming conducted on the South

Dakota portion of the Reservation, and all disputes related to or arising from this Ordinance on the

South Dakota portion of the Reservation, provided however, that any such case involving one or

more persons who are not tribal members shall be heard in the courts of the State of South Dakota,

unless all parties stipulate the action may be heard in Tribal Court. This provision shall not be

construed as a waiver of sovereign immunity by the Tribe.

Section 23-1002. Civil Jurisdiction in North Dakota

The Standing Rock Sioux Tribal Court shall have civil jurisdiction exclusive of the State of

North Dakota over all transactions or disputes related to or arising from gaming conducted on the

Reservation or in North Dakota under this Ordinance.

Section 23-1003. Criminal Jurisdiction in South Dakota

The Standing Rock Sioux Tribal Court shall have criminal jurisdiction exclusive of the State

of South Dakota over all persons who are members of the Tribe in any criminal proceeding related

to or arising from gaming conducted on the Reservation in South Dakota. The courts of the State

of South Dakota shall have jurisdiction over persons who are non-members of the Tribe in a criminal

proceeding related to or arising from gaming conducted on the South Dakota portion of the

Reservation, to the extent set forth in the South Dakota Compact.

Section 23-1004. Criminal Jurisdiction in North Dakota

The Standing Rock Sioux Tribal Court shall have criminal jurisdiction exclusive of the State

of North Dakota over all persons as to whom the Tribe has criminal jurisdiction generally, in any

criminal proceeding related to or arising from gaming conducted on the Reservation in North

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Dakota. The courts of the State of North Dakota shall have jurisdiction over persons who are non

Indians in a criminal proceeding related to or arising from gaming in North Dakota.

Section 23-1005. Federal Jurisdiction

Nothing herein shall be construed to limit or deprive the federal courts of any civil or

criminal jurisdiction which they might otherwise have.

Chapter 11: Penalties

Section 23-1101. Criminal Penalties

Violation of this Ordinance shall constitute a Class A misdemeanor.

Section 23-1102. Civil Penalties

Notwithstanding criminal penalties which may be imposed, any individual who violates any

provision of this Ordinance shall be subject to civil penalties including exclusion from employment

by any Tribal gaming enterprise, exclusion from attendance at any Tribal gaming facility, or

exclusion from the Reservation if a non-member of the Tribe. The Tribal Court shall have the

jurisdiction to impose any such civil penalty on any person within the jurisdiction of the Tribe to

impose such penalty.

Chapter 12: Customer Disputes

Section 23-120 1. Customer Disputes

Any person who has any dispute, disagreement or other grievance that involves currency,

tokens, coins or any other thing of value and is between the customer or player and a tribally licensed

gaming facility, may raise such dispute with the following persons and in the following order:

a) a member of the staff of the facility,

b) the supervisor in the area in which the dispute arose,

c) a managerial level supervisor of the facility and

d) the Tribal Gaming Inspectors.

Section 23-1202. Customer Rights Regarding Disputes

At each level, the complainant has the right to explain his side of the dispute, and to present

witnesses in cormection with any factual allegation. At each level, if the dispute remains unresolved,

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.

the complainant shall be informed of this right to take the dispute to the next higher level as set forth

in Section 23-1201. Resolution of any dispute by staff of the facility shall always involve two or

more staff members. All disputes, whether resolved or not, shall be the subject of a detailed report

by all staff involved to their supervisors, or, in the case of the senior staff member handling a

dispute, to the Tribal Gaming Commission.

Section 23-1203. Commission Action on Customer Disputes

All disputes which are submitted to the Tribal Gaming Commission shall be decided by the

Commission based on information provided by the complainant, any witnesses for or documents

provided by the complainant, or by the licensee or manager of the facility or any other person who

has relevant information to provide. The decision of the Commission shall be in writing, shall be

issued within 14 days of submission of the matter to the Commission, and shall be provided to the

licensee or manager of the facility and the complainant.

Chapter 13: Miscellaneous

Section 23-1301. Severability

In the event that any section or provision of this Ordinance is held invalid, the remaining

sections or provisions shall continue in full force and effect.

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