September 27,2013 

By First Class Mail 

Mr. Kurt BlueDog, General Counsel 

Shakopee Mdewakanton Sioux Community 

Southgate Office Plaza, Suite 500 

5001 American Boulevard West 

Minneapolis, MN 55437 

Re: Shakopee Mdewakanton Sioux Community Amended and Restated Gaming 

Ordinance 

Dear Mr. BlueDog: 

This letter responds to your request on behalf of the Shakopee Mdewakanton Sioux 

Community (Community) for the National Indian Gaming Commission Chainvoman to review 

and approve the Community's amended and restated gaming ordinance, as adopted by Special 

General Council Meeting Resolution No. 09-1 0- 13-00 1 -SGCR (September 10,201 3). 

The amendments bring the ordinance into compliance with NIGC regulations that have 

been updated in recent years. Additionally, the amendments incorporate by reference and 

relocate several detailed background and licensing requirements to the Community's gaming 

regulations, allowing for more eff~cient updates in the event NIGC revises its regulations in the 

future. 

Thank you for bringing the amended ordinance to our attention and for providing us with 

a copy. The amended ordinance is approved as it is consistent with the requirements of the Indian 

Gaming Regulatory Act and the NIGC's regulations. If you have any questions, please feel free 

to contact Staff Attorney Jennifer Ward at (202) 632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW. Suite 9100. Washington. DC 2OW5 Tel: 202,632,7033 Fax: 202.632.7066 W.NIGC.WV 

REGIONAL OFFIW Portland. OR Sacramento. CA Phoenix, AZ: St. Paul, MN:Tulsa. OK 
Shakopee Mdewakanton 

Sioux Community 

2330 SIOUXTRAIL NW . PRIOR LAKE, MINNESOTA 55372 

TRIBAL OFFICE: 952-445-8900 FAX: 952-445-8906 

OFFICERS 

Charlie Vig 

Chairman 

Keith B. Anderson 

Vice6hsimn 

Lori K. Watso 

Sscrefs~~reasurw 

SPECIAL GENERAL COUNCIL MEETING RESOLUTION NO. 09-10-13-001-SGCR 

AMENDMENTS TO THE 

SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 

GAMING ORDINANCE 

WHEREAS, the Shakopee Mdewakanton Sioux Community is a sovereign Indian Tribe, 

federally recognized and organized under the provisions of the Indian 

Reorganization Act of 1934, and is governed under the terms of the Constitution 

approved by the Secretary of the Interior on November 28,1969, as amended; and 

WHEREAS, pursuant to Article 111 of the Constitution, the General Council of the Shakopee 

Mdewakanton Sioux Community is the governing body of the Community; and 

WHEREAS, Article V, $ l(h) of the Constitution vests the General Council with the power to 

promulgate and enforce ordinances which are intended to safeguard and promcte 

the peace, safety, morals and general welfare of the Community by regulating the 

use and disposition of property upon the reservation; and 

WHEREAS, the Shakopee Mdewakanton Sioux Community Gaming Ordinance was approved 

by the General Council by General Council Resolution No. 03-31-93-001 and 

ratified by General Council Resolution No. 04-19-93-001 as required by the 

Indian Gaming Regulatory Act of 1988; and 

WHEREAS, since the approval of the Gaming Ordinance, the National Indian Gaming 

Commission has enacted numerous regulations that clarify interpretation of the 

Indian Gaming Regulatory Act of 1988; and 

WHEREAS, the Shakopee Mdewakanton Sioux Community Gaming Commission 

recommends that the Gaming Ordinance be amended so that it complies with 

current applicable federal regulations and to also make technical changes that 

correct minor inaccuracies; and 

WHEREAS, the Business Council has determined it is in the Community's best interests to 

amend the Gaming Ordinance so that it is updated to comply with current federal 

regulations and firher amended with appropriate technical changes; and 
Shakopee Mdewakanton Sioux Community 

General Council Resolution No. 09-10-13-001- SGCR 

Page 2 

WHEREAS, in preparing the proposed amendments the Gaming Commission has consulted 

with staff at the National Indian Gaming Commission. 

NOW THEREFORE BE IT RESOLVED, that the General Council approves and adopts the 

attached amendments to the Gaming Ordinance recommended by the Gaming Commission and 

Business Council entitled Amended and Restated Gaming Ordinance. 

BE IT FURTHER RESOLVED, that such amendments are compliant with the Gaming 

Ordinance, the Tribe's Constitution and all other related and applicable laws. 

BE IT FURTHER RESOLVED, that the Business Council is hereby directed to submit the 

Amended and Restated Gaming Ordinance to the National Indian Gaming Commission for 

review and approval. 

BE IT FURTHER RESOLVED, that the Business Council is authorized to negotiate and make 

additional changes to the Amended and Restated Gaming Ordinance as may be necessary for 

final approval by the National Indian Gaming Commission, and as may be necessary in order to 

remain consistent with applicable federal law and state law requirements. 

BE IT FINALLY RESOLVED, that this amendment to the Tribe's Gaming Ordice shall not 

be effective unless passed by an absolute majority of all eligible voting members of the Tribe. 

Tfi CF. C.~C&C 

Moved by 

Charlie Vig, Chairman J Keith B. Anderson, Vice-Chairman 

$e&J-- 

Lori K. +atso, Secretary/Treasurer 
Shakopee Mdewakanton Sioux Community 

General Council Resolution No. 09-1 0-13-001 - SGCR 

Page 3 

CERTIFICATION 

Special General Council Meeting of September 10,2013 

There are 265 eligible voters pursuant to the voting list certified and posted by the 

SecretaryITreasurer on September 5,2013. 

To the best of my knowledge and belief, the results reported herein accurately reflect the vote of 

the General Council at the special meeting held on September 10,2013. 

Special General Council Meeting Resolution No. 09-10-13-001-SGCR 

AMENDMENTS TO THE 

SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 

GAMING ORDINANCE 

The Vote on Special General Council 'Resolution No. 09-1 0- 13-001 -SGCR 

13 7 For &, Against 8' &&ntions; and 

b. Spoiled I Chair not voting 

Passed Failed 

Of 

cme Vig, Chaiian / 

Lori K. Watso, SecretaryITreasurer 

.id;&%.* 

Keith B. Anderson, Vice-Chairman 
SHAKOPEE MDEWAKANTON SIOUX 

COMMUNITY 

AMENDED AND RESTATED 

GAMING ORDINANCE 

September 10,2013 
SHAKOPEE MDEWAKANTON SIOUX 

GAMING ORDINANCE 

TABLE OF CONTENTS 

Page No . 

TITLE I . GENERAL PROVISIONS .......................................................................................... 1 

Section 100 . Short Title ............................................................................................................... 1 . . Section 101 . Findings and Intent ................................................................................................. 1 . . Section 102 . Definitions .............................................................................................................. 3 

Section 103 . Effect of Headings .................................................................................................. 7 

Section 104 . Liberal Interpretation .............................................................................................. 7 . . Section 105 . Severability ............................................................................................................. 7 

Section 106 . Implementation ....................................................................................................... 8 

Section 107 . Amendment ............................................................................................................. 8 

TITLE I1 . DEVELOPMENT. ADMINISTRATION. AND ENFORCEMENT ..................... 9 

Section 200 . Section 201 . Section 202 . Section 203 . Section 204 . Section 205 . Section 206 . Section 207 . Section 208 . Section 209 . Section 210 . Section 21 1 . Section 212 . Section 213 . Section 214 . Section 21 5 . Section 216 . Section 21 7 . 

Election and Composition of Community Gaming Commission ........................... 9 

Removal for Cause ................................................................................................ 11 

Decision-Making by the Commission .................................................................. 11 . . Gaming Commission Meetings ............................................................................ 12 

Conflict of Interest ................................................................................................ 13 

Powers of Community Gaming Commission ....................................................... 14 

Duties of Community Gaming Commission ..................................................... 15 

Plan of Organization. Delegation of Authority ..................................................... 18 

Deleted .................................................................................................................. 18 

Hearing .................................................................................................................. 18 

Community Gaming Commission Findings ......................................................... 19 

Deleted .................................................................................................................. 19 

Community Gaming Commission Determination ............................................. 19 . . Written Determination Provided ........................................................................... 19 

Violations and Sanctions .................................................................................. 20 . . . . Civil Penalty Provisions ........................................................................................ 21 

Exclusion or Ejectment of Certain Persons from Gaming Establishments .......... 21 

Factors to be Considered by the Commission in Making its Determination to 

Section 2 18 . Notice to Excluded Persons ................................................................................ 22 

Section 21 9 . Appeal ................................................................................................................... 23 

Section 220 . No Limitation on the Number of Gaming Enterprises ......................................... 23 

TITLE 111 . LICENSING ............................................................................................................ 24 

Section 300 . License Required .................................................................................................. 24 

Section 301 . Application Necessary for Public Gaming Activities ........................................... 24 . . Section 302 . Application for Gaming Enterprise ....................................................................... 24 

Section 303 . Application and Investigation Report for Primary Management Officials and 
Section 304 . Section 305 . 

Section 306 . Section 307 . 

Section 308 . Section 309 . Section 3 10 . Section 3 1 1 . 

Section 3 12 . 

Section 3 13 . Section 3 14 . Section 3 15 . Section 3 16 . Section 3 17 . Section 3 18 . Section 319 . Section 320 . Section 321 . Section 322 . Section 323 . Section 324 . Section 325 . Section 326 . 

Key Employees ..................................................................................................... 25 . . Background Investigation ..................................................................................... 26 

Report for National Indian Gaming Commission for Key Employees and Primary 

Management Officials ........................................................................................... 26 

Temporary Employment Authorization ............................................................... 27 

Licensing Requirements and Procedures for Primary Management Officials 

and Key Employees: Review of Notice of Results ............................................... 27 

Granting Licenses to Key Employees and Primary Management Officials ......... 28 

License Suspension for Primary Management Officials and Key Employees ..... 28 

Notice to Existing Key Employees and Primary Management Officials ............. 29 

Retention of Applications for Key Employees and Primary Management 

Officials of a Gaming Operation ......................................................................... 29 

Application for Distributors of Video Games of Chance and Gaming 

Equipment ............................................................................................................. 30 

Machine Licenses ................................................................................................. 30 

Classes of Licenses ............................................................................................... 31 

Reimbursement for Costs of Investigation ........................................................... 32 . . Fraud on Application ............................................................................................ 32 

Exemptions .......................................................................................................... 32 

License Renewal ................................................................................................... 33 

License Display ..................................................................................................... 33 ... Requirements to Mantain License ....................................................................... 33 

Fees ....................................................................................................................... 35 

Payment of License Fees ...................................................................................... 35 . . Non-Transferability .............................................................................................. 35 . . License as a Revocable Privilege .......................................................................... 35 

Annual License Review ........................................................................................ 35 

Commission May Waive Certain Requirements ................................................ 36 

TITLE IV . RULES OF GENERAL APPLICABILITY ......................................................... 37 

Section 400 . Rules of Gaming Operation .................................................................................. 37 

Section 401 . Video Games of Chance ....................................................................................... 37 

Section 402 . Restrictions for Gaming Enterprises ..................................................................... 38 

TITLE V . INDIAN GAMING REGULATORY ACT ............................................................ 39 

Section 500 . Section 501 . Section 502 . Section 503 . Section 504 . Section 505 . Section 506 . Section 507 . Section 508 . 

Policy .................................................................................................................... 39 

Proprietary Interest .......................................................................................... 39 

Net Revenues ........................................................................................................ 39 

Per Capita Payments ............................................................................................. 39 

Contracts ............................................................................................................... 39 

Individually Owned Gaming ................................................................................ 39 

Tribal Self-Regulation .......................................................................................... 40 

Management Agreements ................................................................................ 40 

Internal Revenue Code .......................................................................................... 40 
Shakopee Mdewakanton Sioux Community Gaming Ordinance History: 

Enacted by the General Council on March 3 1, 1993, and ratified on April 19, 1993. 

Approved by the National Indian Gaming Commission on November 2, 1993. 

Amended by the General Council on May 8,2012. 

Amended by the Business Council on July 11,2012. 

Approved by the National Indian Gaming Commission on July 30,2012. 

- . - " ~ --.-- ~ 

Amended by the General Council on September 10,2013. 

Approved by the National Indian Gaming Commission on . . . . . . . . . . . . . .. . . . . . . . . . . . ., 2013. 
Shakopee Mdewakanfon Sioux Community 

Gaming Ordinance 

SHAKOPEE MDEWAKANTON SIOUX COMMUNITY 

GAMING ORDINANCE 

TITLE I. GENERAL PROVISIONS 

SECTION 100. SHORT TITLE 

This Ordinance shall be known and may be cited as the Shakopee Mdewakanton Sioux 

Community Gaming Ordinance. 

SECTION 101. FINDINGS AND INTENT 

The Shakopee Mdewakanton Sioux General Council finds that: 

(a) The Shakopee Mdewakanton Sioux Community is a sovereign entity with the 

power and authority for self-governance. By virtue of the fact that the United 

States has recognized the Community as an Indian tribe organized under Section 

16 of the Indian Reorganization Act of 1934, and pursuant to the statutes and 

court decisions of the United States, which together have recognized and 

maintained the doctrine of Indian sovereignty, the Shakopee Mdewakanton Sioux 

Community enjoys a federal guarantee of the perpetual integrity of the Shakopee 

Mdewakanton Sioux Community. 

(b) The Community has the authority and responsibility under the Shakopee 

Mdewakanton Sioux Community Constitution and Bylaws to "promulgate 

ordinances which are intended to safeguard and promote the peace, safety, morals, 

and general welfare of the Community by regulating the conduct of trade and the 

use and disposition of the property upon the reservation," and "to create 

subordinate organizations for Community development purposes and to regulate 

the activities of all such organizations," and to "secure the advantage of local selfgovernment for ourselves and our children." 

(c) The Shakopee Mdewakanton Sioux Community desires to continue to exercise its 

inherent authority over its internal affairs, as reliance upon federal and other 

resources has adversely affected the quality of life within this Community in both 

the present and the past. 

(d) The Shakopee Mdewakanton Sioux Community requires methods for maintaining 

a base to generate revenues for self-perpetuation and essential governmental 

services. 

(e) Public Gaming operations have been introduced to the Shakopee Mdewakanton 

Sioux Community and it is of vital interest to the public health, safety, and 

welfare of the Shakopee Mdewakanton Sioux people that the Community 

regulate public Gaming in a manner commensurate with the best interests of the 

Shakopee Mdewakanton Sioux people. 
Shakopee Mdewakanton Siotu Communiiy 

Gaming Ordinance 

Title I General Provisions 

(f) The regulation of public Gaming within the Shakopee Mdewakanton Sioux 

Community is in the best interest of the Shakopee Mdewakanton Sioux people. 

Further, the Shakopee Mdewakanton Sioux General Council determines that the intent of this 

Ordinance is to: 

(g) Foster a spirit of cooperation with the Federal Government through cooperation 

with the National Indian Gaming Commission regarding the regulation of Class I1 

Gaming; 

(h) Foster a spirit of cooperation with the State of Minnesota in the regulation of 

Class 111 Gaming; 

(i) Regulate Gaming on trust lands located within the Shakopee Mdewakanton Sioux 

Reservation, in compliance with compacts and other applicable law; 

6) Protect Gaming as a means of promoting Tribal economic development; 

(k) Ensure that Community Gaming is conducted fairly and honestly by both the 

operators and the players as a genuine means of providing both recreation and 

entertainment, entirely free from organized crime and other conupting influences; 

(1) Ensure that the construction and maintenance of all Gaming Enterprises, and the 

operation of Gaming conducted at those facilities, shall at all times protect the 

environment, the public health and welfare, and the sovereignty of the Shakopee 

Mdewakanton Sioux Community, and that such Gaming shall comply with all 

applicable Tribal, Federal, and State laws; 

(m) Establish an adequate system to ensure financial controls exist which will result in 

accountability for revenues generated from all Gaming Enterprises conducted 

within the Shakovee Mdewakanton Sioux Reservation: establish and maintain an 

adequate system to implement the necessary background investigations, licensing, 

and monitoring of employees of Gaming Enterprises; and establish and maintain 

an adequate system -for the investigation, enforcement, and prosecution of 

violations of this Ordinance and the rules and regulations promulgated pursuant 

thereto; 

(n) Provide, through the revenue generated by License fees levied on Community 

Licensed Gaming Enterprises, a source of funding for proper administration of 

this Ordinance; 

(0) Preserve and protect the ability of the managers of Gaming Enterprises to exercise 

their responsibilities for direct control of Gaming, fiscal planning, reporting and 

control, and the employment, supervision and discipline of employees; and 

(p) Require all Gaming Enterprises located on trust lands subject to the governmental 

power of the Shakopee Mdewakanton Sioux Community to be wholly owned by 

the Community. 
Shakopee Mdewakanton Siolu Community 

Gaming Ordinance 

Title I. General Provisions 

SECTION 102. DEFINITIONS 

The following words and phrases when used in this Ordinance shall have the meanings 

respectively ascribed to them in this section: 

(a) "Applicant" shall mean any person who is required to be Licensed by this 

Ordinance, and who submits a request for the grant or renewal of such License. 

(b) "Blackjack" shall have the meaning given the term in the Tribal-State Compact 

For Control of Class I11 Blackjack On the Shakopee Mdewakanton Sioux 

Reservation, entered into in 1991. 

(c) "Business Council" shall mean the three members of the Shakopee Mdewakanton 

Sioux Community Business Council, duly elected and serving in accordance with 

the provisions of the Constitution of the Community. 

(d) "Class I Gaming" shall mean social games solely for prizes of minimal value or 

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

connection with, tribal ceremonies or celebrations. 

(e) "Class I1 Gaming" shall mean: 

(1) The game of chance commonly known as bingo (whether or not 

electronic, computer, or other technologic aids are used in connection 

therewith): 

(i) Which is played for prizes, including monetary prizes, with cards 

bearing numbers or other designations; 

(ii) In which the holder of the card covers such numbers or 

designations when objects, similarly numbered or designated, are 

drawn or electronically determined; and 

(iii) 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 

(2) Card games that: 

(i) Are explicitly authorized by the laws of the State, or 

(ii) Are not explicitly prohibited by the laws of the State 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. 
Shakopee Mdewakanton Sioux Cornmunit,. 

Gaming Ordinance 

Title I. General Provisions 

(3) Class I1 Gaming does not include: 

(i) Any banking card games, including baccarat, chemin de fer, or 

blackjack (21), or 

(ii) Electronic or electromechanical facsimiles of any game of chance 

or slot machines of any kind. 

"Class 111 Gaming" shall mean all forms of gaming that are not Class I Gaming, 

or Class I1 Gaming. 

"Commissioner of Gaming" shall mean that person elected to the position of 

Commissioner of Gaming. 

"Community" shall mean the Shakopee Mdewakanton Sioux Community, a 

federally recognized Indian tribe organized under Section 16 of the Indian 

Reorganization Act of 1934. 

"Community Gaming Commission" hereinafter referred to as "the Commission" 

unless otherwise noted shall mean the five-member Shakopee Mdewakanton 

Sioux Community Gaming Commission established pursuant to this Ordinance. 

"Compact" shall mean any agreement concerning Class 111 Gaming between the 

Community and the State of Minnesota, and any amendments thereto. 

"Gaming" shall mean the act of paying for the opportunity and participation in a 

game or games of chance for money or something of value, and to operate, carry 

on, conduct, maintain, or expose for play, money, property, or any representative 

of value wherein the outcome of a game is decided by chance or in which chance 

is a material element. 

"Gaming Enterprise" shall mean any commercial business owned by the 

Community and operated, in part or in whole, for the conduct of bingo, the sale of 

pull tabs, Gaming in general and the conduct of other games of chance, including 

but not limited to video games of chance, blackjack, card games, and any other 

lawful games of chance. 

"Gaming Equipment" shall mean without limitation, any equipment that is 

employed and integral to the conduct and accounting of gaming. 

"Gaming Operator" shall mean a person, organization or entity that conducts the 

management of Gaming at a Community Gaming Enterprise, including the 

Community itself or any subdivision thereof. 

"Gaming Test Laboratory" shall mean, as contemplated by Section 6.1 of the 

Tribal-State Compact regarding Video Games of Chance, a laboratory agreed to 

and designated in writing by the State of Minnesota and the Community as 

competent and qualified to conduct scientific tests and evaluations of video games 

of chance and related equipment; a laboratory operated by or under contract with 
Shakopee Mdewakanton Sioux Community 

Gaming Ordinance 

Tirlr I. General Provisions 

the states of Minnesota, or Nevada, or New Jersey, or South Dakota constitutes a 

designated gaming test laboratory. 

@) "General Council" shall mean the governing body of the Community, in 

accordance with the provisions of the Constitution of the Community. 

(q) "Indian Gaming Regulatory Act of 1988" shall mean the Act of the United States 

Congress adopted on October 17, 1988, as Public Law 100-497, 102 Stat. 2467, 

codified at 25 U.S.C. 5 2701 et seq. 

(r) "Indian Lands" shall mean: 

(1) All lands within the limits of any Indian reservation; and 

(2) Any lands title to which is either held in trust by the United States for the 

benefit of any Indian tribe or individual or held by any Indian tribe or 

individual subject to restriction by the United States against alienation and 

over which an Indian tribe exercises governmental power. 

(s) "Interested Party" shall mean any person who is required to be licensed, or who 

has a financial interest, whether direct or indirect, in any enterprise, person, 

facility, or place which is required to be Licensed by this Ordinance and the rules 

and regulations adopted hereunder. 

(t) "Key Employees" shall mean persons who serve as the General Manager of a 

Gaming Enterprise, persons who have, alone or with others, the authority to sign 

checks or create or discharge financial obligations for a Gaming Enterprise, 

persons who have any contact with a money room of a Gaming Enterprise, and 

persons whose responsibilities include operation, management, maintenance or 

other substantial contact of or with video games of chance, blackjack, card games, 

or other gambling equipment, or any person designated by the Commission as a 

key employee. Also, persons performing the following functions are key 

employees: 

(1) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 
Shakopee Mdewakanlon Siou Communiry 

Gaming Ordinance 

Title I General Provisions 

(8) Croupier; 

(9) Approver of credit; 

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

accounting records within such devices: 

(1 1) If not otherwise included, any other person whose total cash compensation 

is in excess of $50,000 per year; and 

(12) If not otherwise included, the four most highly compensated persons in the 

Gaming Enterprise, and its board of directors 

"License" shall mean the permission by authority of the Community Gaming 

Commission to do an act, which shall be illegal without such license. With 

respect to real property of the Community, a License is a privilege to go on the 

premises for a certain purpose, but does not operate to confer on, vest in, or grant 

any title, interest, or estate in such property. 

"Licensee" shall mean any person, entity or organization granted a License 

pursuant to the provisions of this Ordinance. 

"Net Revenues" shall mean gross gaming revenues of an Indian gaming operation 

less amounts paid out as, or paid for, prizes; and total gaming-related operating 

expenses, including all those expenses of the gaming operation commonly known 

as operating expenses and non-operating expenses consistent with professional 

accounting pronouncements, excluding management fees. 

"Non-Key Employees" shall mean all employees of a Gaming Enterprise not 

otherwise included in the above definitions of "Key Employee" or "Primary 

Management Official". 

"Other Compacts" shall mean such agreements as may in the future be entered 

into between the Community and the State of Minnesota, governing Class I11 

Gaming, as that term is defined by the Indian Gaming Regulatory Act of 1988. 

"Other Games of Chance" shall include, but not be limited to, games similar to 

traditional bingo in which prizes are awarded on the basis of a designated winning 

number or numbers, color or colors, symbol or symbols determined by chance. 

"Person" shall mean any individual, partnership, corporation, association, or 

public or private organization. 

"Person Having Management Responsibility" shall mean the person having 

management responsibility for the Gaming Enterprise or a portion thereof, or any 

person to whom such authority is delegated. 

"Primary Management Officials" shall mean any persons designated by the 
Shakopee Mdewakanfon Sioux Communiry 

Gaming Ordinance 

Title I. General Provisiom 

Commission as a "Primary Management Official", or any persons who have a 

direct financial interest in, or management responsibility for, a Gaming 

Enterprise, and in the case of a corporation, shall include those individuals who 

serve on the board of directors of such corporation. If not otherwise included, 

"management official" shall also mean: 

(1) The person having management responsibility for a management contract 

approved pursuant to federal statutory and regulatory authority; 

(2) Any person who has authority: 

(i) To hire and fire employees; or 

(ii) To set up working policy for the Gaming Enterprise; 

(3) The chief financial officer or other person who has financial management 

responsibility. 

(dd) "Shall" is used in this Ordinance as imposing an obligation to act. 

(ee) "Traditional Bingo" shall mean that game commonly known as bingo. 

(ff) "Tribal General Legal Counsel" shall mean the lawyer or legal firm or association 

with whom the Community has contracted to represent the Community in all legal 

matters. 

(gg) "Video Game of Chance" shall have the meaning given the term in the TribalState Compact for Control of Class I11 Games of Chance on the Shakopee 

Mdewakanton Sioux Community Reservation in Minnesota, entered into 

December 4, 1989. 

SECTION 103. EFFECT OF HEADINGS 

Article and section headings contained herein shall not be deemed to govern, limit, modify, or in 

any manner affect the scope, meaning, or intent or the provisions of any article or section of this 

Ordinance. 

SECTION 104. LIBERAL, INTERPRETATION 

The provisions of this Ordinance, being necessary for the welfare of the Community and its 

members, shall be liberally construed to effect the purpose and objective hereof, but in all cases, 

consistent with the provisions of IGRA or any other applicable law. 

SECTION 105. SEVERABILITY 

The provisions of this Ordinance are severable; if any part or provision hereof shall be held void 

by tribal or federal court or federal agency, the decision of the court or agency so holding shall 

not affect or impair any of the remaining provisions of the Ordinance. Citation to potential court 
Shakopee Mdewakanfon Sioux Community 

Gaming Ordinance 

Tifle I. General Provisions 

action is this section shall not be deemed a waiver of the Community's sovereign immunity from 

suit. 

SECTION 106. IMPLEMENTATION 

It being immediately necessary for the preservation of the public peace and safety of the 

Community and its members, this Ordinance shall take effect and be in full force from and after 

its approval and passage by the General Council, and shall remain in effect pending approval 

from the Secretary of the Interior and the National Indian Gaming Commission (NIGC). If any 

section, provision, term or requirement of the Ordinance is determined by the NIGC to conflict 

with the provisions of IGRA or the applicable regulations promulgated thereto, that 

determination shall not require subsequent re-approval of the Ordinance by the General Council, 

but shall require only that the Ordinance be brought into technical compliance by the 

Commission with the regulations to which it is subject. 

SECTION 107. AMENDMENT 

This Ordinance may be amended only upon an affirmative vote of an absolute majority of all 

eligible voting members of the General Council at a meeting called specifically and exclusively 

for the purpose of amending the Gaming Ordinance, and then such amendment shall be valid 

only if it complies with the terms and provisions of IGRA. 
Shakopee Mdewakanton Sioux Communi& 

Gaming Ordinance 

TITLE 11. DEVELOPMENT, ADMINISTRATION. AND ENFORCEMENT 

SECTION 200. ELECTION AND COMPOSITION OF COMMUNITY GAMING 

COMMISSION 

(a) Nomination of Members of the Commission. The General Council shall nominate 

up to five (5) candidates for the position of Gaming Commissioner, together with 

five (5) other nominations for the positions of members of the Commission, for a 

total of ten (10) nominees for purposes of selection by the General Council of one 

(I) person to serve as Gaming Commissioner, one (1) person to serve as Assistant 

Commissioner, together with three (3) persons to serve as members of the 

Commission, which will have sole authority to regulate any and all gaming 

activity on the Shakopee Mdewakanton Sioux Reservation, including but not 

limited to the functions of: issuing gaming licenses, whether for persons, 

distributors, gaming enterprises, or otherwise, as required by this Ordinance; 

conducting background investigations of persons requesting licenses; ensuring 

compliance with the provisions of this Ordinance; or ensuring compliance with 

the provisions of IGRA. 

(b) Nomination Process. The nomination process shall be initiated by the Business 

Council within fifteen (15) calendar days of any vacancy on the Commission. The 

Business Council shall publish to the General Council members in written form 

the positions available on the Commission, together with the qualifications which 

the individual candidates must possess to serve on the Commission. The Business 

Council shall continue to receive nominations for fourteen (14) calendar days 

after the notice of nomination has been received by the General Council members. 

At the expiration of the fourteen day period, and within fourteen (14) calendar 

days following, the Business Council shall schedule a General Council meeting 

for purposes of selecting the persons to serve on the Commission. 

(c) Selection Process. The persons to serve on the Commission shall be selected 

at a General Council meeting. The individual nominees shall appear and state 

their qualifications for the position for which they were nominated. Following 

presentation of the candidates, there shall be an election for the members of the 

Commission, including the Commissioner. The selection process shall be as 

follows: 

(1) The person with the highest vote total nominated to the position of 

Commissioner shall serve as the Commissioner of Gaming. 

(2) The person with the second highest vote total nominated to the position of 

Commissioner shall serve as the Assistant Commissioner of Gaming. 

(3) The remaining three (3) positions on the Commission shall be filled by the 

three (3) candidates with the highest vote totals, whether the individual 

candidate was nominated for the position of Commissioner or for general 
Shakopee Mdewukanton Sioux Communiry 

Gaming Ordinance 

Title I1 Development, Adminisfration, undEnforcement 

membership on the Commission. 

(d) Duties of Commissioner. Assistant Commissioner. Members of the Commission. 

(1) The Commissioner of Gaming shall have responsibility for calling and 

presiding over meetings of the Commission, presiding over rulemaking 

procedures, and presiding over any hearings which the Commission might 

conduct, as well as overseeing administration of the daily affairs of the 

Commission including the receipt of complaints concerning gaming or 

persons associated with gaming, directing activities of persons charged 

with conducting background investigations and investigations of 

complaints, keeping all records, whether relating to financial matters, 

licenses, investigations, or any other aspect of the Commission's duties 

and responsibilities, and delegating such responsibilities as the 

Commissioner deems necessary. The Commission shall be responsible for 

communicating to the Business Council information related to the conduct 

of the Commission on a regular basis. Such information shall also be made 

available to the General Council upon request. 

(2) The Assistant Commissioner of Gaming shall have responsibility for 

acting as Commissioner in the Commissioner's absence or disability. 

(3) The Members of the Commission shall be required to vote pursuant to 

Section 202 in all cases where the Commission is required to make a 

decision regarding licensing, suspension of licenses, mle-making, a 

hearing determination regarding the imposition of sanctions including but 

not limited to licensing revocation, restriction or limitation, civil penalties, 

or the exclusion or ejectment of any person, as well as annual license 

renewal. 

(el Oualifications of the Members of the Commission. The members of the 

Commission shall be at least eighteen (18) years of age and eligible voting 

members of the Community. The members of the Commission shall in all cases 

be required to complete an application for licensing which complies with the 

provisions of the IGRA and this Ordinance, and a background check shall also be 

conducted for each individual nominee for a position on the Commission, which 

background check shall fulfill the requirements of the IGRA and this Ordinance. 

Any person not possessing the necessary qualifications for licensing under the 

provisions of the IGRA and this Ordinance may not serve on the Commission in 

any capacity. The members of the board of directors and all employees of the 

Gaming Enterprise, and any member of the Business Council shall be precluded 

from serving on the Commission. 

(f) Term of Office For Members of the Commission. The term of office for the 

Members of the Commission shall be four years, with the initial members of the 

Commission serving for the following terms: The Commissioner of Gaming shall 

serve for four years, the Assistant Commissioner shall serve for three years, and 
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the remaining members of the Commission shall serve for two year terms. All 

subsequent terms for all members of the Commission, including the 

Commissioner of Gaming and the Assistant Commissioner of Gaming shall be 

four year terms. 

SECTION 201. REMOVAL FOR CAUSE 

(a) Removal Procedure. The Shakopee Mdewakanton Sioux Community may remove 

a Commissioner from office in a proceeding commenced by at least one third 

(113) of the eligible voting members of the Community, which members must 

sign a certified petition for removal which states the cause for removal, and which 

is brought before the General Council by the Business Council as an agenda item 

presented for a vote to the members of the Community at a General Council 

meeting, and which makes known to the members of the Community the action of 

the Commissioner which is asserted as the basis for removal for cause. Upon 

receipt of the petition for removal, the Business Council shall notify the person 

whose removal is sought within three days. Within fifteen (15) days the Business 

Council shall schedule a General Council meeting for purposes of hearing the 

removal action. If the Business Council shall fail to schedule a meeting in the 

required period of time, then any member of the General Council shall have the 

authority to schedule a meeting. The meeting notice must contain a recitation of 

the charges or cause asserted for removal. An affirmative vote of forty per cent 

(40%) of all the eligible voting members of the General Council is required to 

remove any person from their position on the Commission. 

(b) Review of Removal bv Tribal Court. Upon approval of the removal action by a 

the required number of voters, the action may be submitted to the Shakopee 

Mdewakanton Sioux Community Court, and the Court shall review the removal 

action, and issue a declaration that the Commissioner subject to the removal 

action did in fact violate the removal for cause provisions of this Ordinance, and 

shall be removed from office. 

(c) Cause For Removal. Cause for removal shall consist of fraudulent or dishonest 

conduct, or gross abuse of authority or discretion with respect to the duties of the 

Commissioner who is the subject of the removal action, unexcused failure to 

attend at least three consecutive meetings, or conviction of a felony while serving 

on the Commission. In no case shall the performance of the duties of a 

Commissioner in compliance with the provisions of this Ordinance be considered 

a basis for removal. In all cases the burden of proof, including the burden of 

presenting evidence and persuading the court that the action complained of was 

fraudulent, dishonest, or was a gross abuse of authority or discretion, shall rest 

with the members of the Community seeking removal of the Commissioner or a 

member of the Commission. 

SECTION 202. DECISION-MAKING BY THE COMMISSION 

In all cases where a decision is required of the Commission by the provisions of this Ordinance, 
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the Commission shall make said decision after deliberations on the merits of the issue before it, 

and shall in all cases make a determination of the issue by majority vote of at least a quorum of 

the Commission, and the position receiving the majority of the votes shall represent the position 

of the Commission with regard to the matter. All votes by the Commission shall be recorded, 

and a written record shall be maintained which sets forth the position of the individual members 

of the Commission. 

SECTION 203. GAMING COMMISSION MEETINGS 

Regular meetings of the Commission shall be held at such dates, times, and places as the 

Commissioner of Gaming shall establish. A majority of the members of the Commission shall 

constitute a quorum, which number shall be necessary and sufficient for a meeting to be held and 

business to be conducted, however, all votes shall be taken in compliance with Section 202. 

Notice of the meeting shall be provided at least 48 hours in advance, which notice shall include 

the agenda and the name of any person whose License which will be considered at the meeting. 

Upon payment of a reasonable fee, any Interested Party shall be provided with such notice. The 

Gaming Commission shall in all cases determine the reasonable fee. 

(a) Regular meetings shall be closed to all non-members, with the exception of NIGC 

members or their authorized representative, and may be closed to enrolled members of 

the Community for purposes of protecting the privacy of the individual Licensee, but 

only after passage of a recorded motion for executive session. At regular meetings the 

Commissioners shall deal with the routine business and affairs of the Commission, 

including but not limited to: 

(1) Consideration of applications, and the accompanying background 

information required by this Ordinance as part of the application process; 

(2) Meeting with officials of the National Indian Gaming Commission, State 

of Minnesota, or any other law enforcement agency or office for purposes 

of ensuring compliance with or enforcement of this Ordinance, or for 

purposes of pursuing possible criminal violations related to gaming, which 

violations occurred upon or are related to gaming conducted on property 

under the control of the Shakopee Mdewakanton Sioux Community. 

(3) To receive oral reports of alleged criminal violations, which violations 

occurred upon or are related to Gaming conducted on property under 

control of the government of the Shakopee Mdewakanton Sioux 

Community. 

(4) Deliberations of matters related to licensing decisions, and the factual 

determinations related to those decisions; 

(5) Examination of financial or other data required to be review-ed by the 

Commission under the provisions of this Ordinance, and which may be of 

a confidential nature; 

(6) Consultation with legal counsel. 

12 
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(b) Record of Proceedings. A record shall be made of all proceedings of the 

Commission, whether in open or executive session, which record shall reflect all 

factors considered by the Commission; such record shall be available to the 

affected party and shall be made available to enrolled members only with the 

consent of the affected party or by order of the Shakopee Mdewakanton Sioux 

Community Court by request of an enrolled member. 

(c) Special Meetings. The Commission shall hold special meetings, pursuant to the 

notice requirements defined above, at any time the Commission deems necessary 

and appropriate, which may be open only to NIGC members or their authorized 

representative, and to enrolled members of the Community for the purposes of: 

(1) Holding a hearing prior to a final action denying, revoking, or placing a 

limitation on a License; 

(2) Holding hearings related to the promulgation of substantive and 

procedural regulations under the authority granted the Commission by this 

Ordinance: and 

(3) Holding hearings related to violations of this Ordinance which may be 

punishable by civil penalties or other sanctions. 

(d) Closed Special Meetings. Following special meetings which are open only to 

NIGC members or their authorized representatives and enrolled members of the 

Community, the Commission may hold closed special meetings for the purposes 

of deliberations regarding the decision to be made concerning the matters 

presented at the public meetings. However, the requirement that there be a record 

established also applies here. 

SECTION 204. CONFLICT OF INTEREST 

No Member of the Commission, including the Commissioner of Gaming, employee of the 

Commission, or any person serving in any capacity as agent of the Commission, or any member 

of hislher family living with hindher, may have a financial interest, other than that financial 

interest resulting from Community membership, in any Gaming business or enterprise, or in any 

Gaming contractor, vendor, or any person providing services to Gaming, or accept any gift or 

thing of value from a Gaming contractor. Nothing in this section shall prohibit a member of the 

Commission, or other person subject to this section, from having a financial interest in any 

Gaming business or enterprise operating pursuant to the provisions of this Ordinance, which 

interest derives from their status as a Community member, including any distribution payments 

derived from profits made by such gaming business or enterprise. 

The Commissioner of Gaming and the Members of the Commission shall be restricted from 

Gaming in any manner in any facility, place, enterprise, or establishment which is subject to 

regulation pursuant to the provisions of this Ordinance. 
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SECTION 205. POWERS OF COMMUNITY GAMING COMMISSION 

The Community Gaming Commission may exercise any proper power and authority necessary to 

perform the duties and discharge the responsibilities with which the Commission is charged. 

Those powers include, but are not limited to, the power to: 

(a) Receive and process all License applications, and issue Licenses to all gaming 

operations, persons, individuals, and distributors who are required to be licensed 

by this Ordinance and who qualify for such licensure, and if applicable, notify the 

National Indian Gaming Commission of the issuance of such licenses; 

(b) To conduct or cause to be conducted background investigations of all License 

applicants including, Vendors, Consultants, Primary Management Officials, Key 

Employees, and Non-Key Employees of the involved Gaming Enterprise, as well 

as background checks of the members of the Commission and any employees of 

the Commission; 

(c) To deny any License application, and to limit, suspend, restrict, or revoke any 

License upon a finding that the provisions of this Ordinance or other applicable 

law have been violated 

(d) Review all contracts to: 

(1) Determine whether the transaction documents are a contract; 

(2) Determine whether the contract is or is not related to Gaming, and if 

related to Gaming, whether it is subject to the provisions of this 

Ordinance; and 

(3) Determine whether the non-Tribal party to the contract must be licensed 

under the provisions of this Ordinance. 

Nothing in this Section shall prevent a Gaming Enterprise from engaging in a transaction 

which might involve Gaming related contracts under the provisions of this Ordinance, or 

any regulations promulgated hereunder, but it shall be the duty of the Gaming Enterprise 

to notify the Commission of transactions which might be Gaming related, and request of 

the Commission a determination regarding whether the transaction is or is not a gaming 

related contract. 

(e) Collect License fees; 

(f) Consult with Tribal General Legal Counsel to advise the Commission as needed, 

but in those situations where a member of the Commission has been removed for 

cause by the General Council and that action is on appeal to the Tribal Court, the 

Commission member may be represented by independent legal counsel; 

(g) Inspect and examine, during regular business hours, all premises where Gaming is 

conducted or Gaming devices or equipment is sold or distributed; 
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(h) Inspect, review, and photocopy all Gaming operations contracts, papers, records, 

books, or other pertinent documents relating to the conduct of Gaming, when 

deemed necessary for the purpose of determining compliance by the Licensee 

with the provisions of this or any related Ordinance, or to ensure compliance by 

the Licensee with the provisions of any contract or agreement related to Gaming, 

or to ensure the enforcement of this or any related Ordinance, or to determine the 

suitability of any Applicant for a License; 

(i) To hold hearings, and to require Licensees or License Applicants to appear and 

testify under oath regarding matters related to the enforcement of the provisions of 

this Ordinance, complaints received about matters within the purview of the 

Commission to address, actions by the Commission regarding licenses, or any 

other matters over which the Commission has authority; 

(i) To promulgate such regulations as are deemed necessary for the purpose of giving 

effect to the provisions of this Ordinance, including but not limited to: 

(1) Substantive rules conceming: the issuance, suspension, or revocation of 

Licenses; the conduct, operation, and oversight of gaming activities; the 

investigations and inspections into the conduct of gaming and the actions 

of Licensees; the maintenance of gaming equipment; and any other matters 

with which the Commission must deal to fulfill its responsibilities and 

which are deemed necessary by the Commission to further compliance with 

this Ordinance; and 

(2) Procedural rules conceming: the conduct of hearings; the administration of 

the daily affairs of the Commission; investigations and inspections of 

gaming, or persons involved with or licensed in connection with Gaming; 

the processing and disposition of complaints which may be received by the 

Commission from members of the Community or the general public 

regarding matters within the authority of the Commission; and any other 

rules deemed necessary by the Commission to further compliance with 

this Ordinance; 

O<) To impose civil penalties or other sanctions as is deemed appropriate by the 

Commission in compliance with the provisions of this Ordinance; and 

(1) To retain staff, and to delegate, from time to time, such powers as the 

Commission deems necessary to fulfill the duties of the Commission, provided 

that the power to vote as described in Section 202 shall not be delegated. 

SECTION 206. DUTIES OF COMMUNITY GAMING COMMISSION 

It shall be the responsibility of the Commission to ensure that all duties of the Commission are 

discharged in a manner which assures compliance with this Ordinance and all other applicable 

laws of the Shakopee Mdewakanton Sioux Community, the United States, and the State of 

Minnesota. The duties of the Commission shall include: 
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Processing all License applications, reviewing and approving the investigative 

work, making determinations regarding the eligibility of persons for licensing, 

submitting a notice of results of the License applicant's background investigation 

to the NIGC as required, issuing Licenses to those persons qualified for such 

licensure, and notifying the NIGC of the License decisions as required by 25 

U.S.C. 5 2701, et. seq; 

Denial, limitation, revocation, rescission or suspension of any License when 

deemed necessary under the provisions of this or any related Ordinance or Law of 

the Shakopee Mdewakanton Sioux Community, or any applicable Federal or State 

law; 

Conducting, or causing to be conducted, background investigations on all License 

applicants, including Vendors, Consultants, Primary Management Officials, Key 

Employees, and Non-Key employees of the involved Gaming Enterprise, as well 

as background checks of the members of the Commission and any employees of 

the Commission. The Commission is also responsible for obtaining and 

processing fingerprints; 

Printing and making available all necessary License application forms, together 

with the appropriate licenses; 

Collection of License fees imposed pursuant to the terms of Section 205fj)(l) of 

this Ordinance; 

Inspection and examination of all premises where Gaming is conducted or gaming 

devices or equipment are sold or distributed; 

Inspection, review, and oversight of all Gaming contracts to ensure compliance 

with the terms of this Ordinance; and inspection, review and examination of all 

records, books, and financial documents relating to the conduct of Gaming to 

determine compliance by the Licensee with the provisions of this Ordinance or 

any other applicable law; 

Review of all contracts to: 

(1) Determine whether the transaction documents are a contract; 

(2) Determine whether the contract is or is not related to gaming, and, if 

related to gaming, whether it is subject to the provisions of this Ordinance; 

and 

(3) Determine whether the non-Tribal party to the contract must be Licensed 

under the provisions of this Ordinance. 

Nothing in this Section shall prevent a Gaming Enterprise from engaging in 

transactions which might involve a Gaming related contract under the provisions 

of this Ordinance, or the regulations promulgated hereunder, but it shall be the 
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duty of the Gaming Enterprise to notify the Commission of such a transaction 

and request from the Commission a determination that the transaction is or is not 

a Gaming related contract. 

(i) Requiring, and causing to be conducted and provided to the NIGC annually, 

outside independent audits of all Gaming activity as required by IGRA; all 

contracts related to the conduct of Gaming, with the exception of those contracts 

for legal and accounting services, whether those contracts be for supplies, 

services, concessions or other subject matter which the Commission determines to 

be related to Gaming, and which are for a contract amount in excess of $25,000 

annually shall be subject to such independent audits. 

(j) Promulgation of such substantive and procedural regulations as the Commission 

deems necessary to administer the provisions of this Ordinance, but only upon a 

minimum thirty (30) days public notice of the proposed rulemaking action, which 

notice shall be published and posted at the Gaming Enterprise, mailed to all 

eligible voting members of the General Council, posted at the Community Center, 

and provided in written form to the board of directors of any Licensed Gaming 

Establishment. 

(1) The notice shall specify the purpose of the proposed regulation, the draft 

language of the proposed regulation, and the factors the Commission has 

considered in its determination to enact the proposed regulation, and an 

address at which the Commission shall receive comments pursuant to the 

provisions of (2), below; 

(2) During the notice period the Commission shall receive comments 

regarding the proposed regulation at the Commission offices, or at a 

designated mailing address. 

(3) The comments received by the Commission shall be considered by the 

Commission at a meeting open to the public, and the Commission shall 

make a fmal determination regarding the need for the proposed regulation, 

the language of the proposed regulation, and the effective date of the 

proposed regulation on the basis of all the information available to the 

Commission. 

(4) Within thirty (30) days of the effective date of the proposed regulation 

adopted by the Commission, a General Council vote concerning the 

proposed regulation, as enacted by the Commission, may be requested. To 

initiate the review by the General Council, 113 of the eligible voting 

members of the Community shall sign a petition requesting such a vote, 

which petition shall be submitted to the Business Council. The Business 

Council shall thereafter schedule, within thirty (30) days of receipt of the 

petition, a vote on the regulation. The petition shall state the objections to 

the proposed regulation, the date of filing, and list the names, together 

with the signatures, of the persons requesting the General Council vote. 
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The regulation shall thereafter become effective only upon approval by a 

majority of a quorum of the voting members of the General Council, 

however, if a quorum is not present at the General Council meeting 

scheduled for the vote on the contested regulation, then the regulation 

shall become effective without further action by the Commission. 

(k) Consultation with Tribal General Legal Counsel to advise the Commission as 

needed; 

(1) Imposing civil penalties or other sanctions, including seizure of property, after a 

hearing as provided by this Ordinance; 

(m) Defending this Ordinance in any court with proper jurisdiction or before any 

federal agency, however, any reference herein to legal action shall not be deemed 

a waiver of the Community's sovereign immunity from suit. 

(n) Proposing an annual budget for Commission operations pursuant to the provisions 

of this Ordinance; remuneration to or salaries for the Commissioner and 

Commission members shall be set by the Business Council and such amount shall 

be reflected in the proposed budget. The Business Council's determination shall 

be subject to notice and review by the General Council. 

(0) Ensure that the construction and maintenance of all Gaming Enterprises, and the 

operation of Gaming conducted at those facilities, shall at all times protect the 

environment, the public health and welfare, and the sovereignty of the Shakopee 

Mdewakanton Sioux Community, and that such Gaming shall comply with all 

applicable Tribal, Federal, and State laws. 

(p) The performance of any other duties required in the Ordinance or any 

amendments thereto. 

SECTION 207. PLAN OF ORGANIZATION, DELEGATION OF AUTHORITY 

The Community Gaming Commission may organize any functional committees or divisions 

from among its members as may be necessary, and may fiom time to time alter such plan of 

organization as may be expedient, and may delegate all powers vested in the Commission by this 

Ordinance, with the exception of the power to vote, to the divisions or committees so formed. 

SECTION 208. DELETED 

SECTION 209. HEARING 

(a) Opportunity for Hearing. The Community Gaming Commission shall afford an 

applicant for a ~icense an opportunity for a hearing prior to a final action denying 

such application and shall afford a licensee or any other person(s) subject to this 

Ordinance, the opportunity for a hearing prior to taking final action resulting in 

termination, revocation, or limitation of a license, or the imposition of any 

sanctions which the Commission is authorized to impose under Sections 214,215, 
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and 21 6, and which the Commission deems proper. 

(b) Hearing Procedures. Such hearing shall be conducted as an adjudicatory 

proceeding, with an opportunity given the affected party to be represented by 

counsel, present testimony, exhibits, and any other evidence which the affected 

party feels will support the party's position. In all cases such hearings shall be 

held on the record, and, in cases of license denial, witnesses may be required to 

testify under oath. In all cases which might result in the imposition of sanctions, 

testimony shall be taken by the Commission under oath. 

(c) Emergency Action, Suspension Without Hearing. However, the Commission may 

summarily suspend temporarily or may extend suspension of a license for up to 

fifteen (15) days without a hearing in those cases where such extraordinary action 

is essential to protect the public safety or the integrity of Gaming conducted on 

the Shakopee Mdewakanton Sioux Reservation. Such action shall be taken only in 

those emergency cases where there is a clear need for these extraordinary 

measures. In cases where a license is suspended prior to a hearing, an opportunity 

for a hearing shall be provided which complies with the provisions of this 

Ordinance. 

SECTION 210. COMMUNITY GAMING COMMISSION FINDINGS 

Whenever upon specific factual finding the Community Gaming Commission determines that 

any person has failed to comply with the provisions of this Ordinance, any regulation 

promulgated hereunder, or other applicable law, the Commission shall make a written 

certification of the specific findings of fact, and shall send a copy thereof within (5) days, to the 

subject or subjects of that determination. The Commission shall, after notice provided hold a 

hearing. The hearing shall be held within not less than thirty (30) days and not more than sixty 

(60) days thereafter, at which time the subject shall have an opportunity to be heard and present 

evidence. 

SECTION 211. DELETED 

SECTION 212. COMMUNITY GAMING COMMISSION DETERMINATION 

Following such hearing the Community Gaming Commission shall, within seven (7) days, reach 

a determination concerning the accuracy of the preliminary certification of facts and whether the 

License in question should be granted, continued, suspended, revoked, conditioned, or limited 

and whether any other action recommended to or by the Commission including, but not limited 

to, forfeitures or fines should be taken. 

SECTION 213. WRITTEN DETERMINATION PROVIDED 

Within three (3) days following its determination the Commission shall inform the subject, in 

writing, of that determination. 
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SECTION 214. VIOLATIONS AND SANCTIONS 

Any person who engages in Gaming or Gaming related activities on property subject to the 

provisions of this Ordinance without a gaming License, or in violation of the terms imposed by a 

Gaming License, or in violation of the terms of a suspension imposed by the Commission on that 

Gaming License, or in violation of any other provision of this Ordinance and regulations 

promulgated hereunder, or amendments hereto, shall be in violation of the Ordinance. This 

provision shall apply to any person who is upon any premises licensed by this Ordinance without 

the consent of the licensee andlor the Shakopee Mdewakanton Sioux Community Gaming 

Commission. 

(a) Violation of any provision of this Ordinance or any of the Commission's 

Regulations by a Licensee, his or her agent, or employee: 

(1) Shall be deemed contrary to the public safety, good order, and general 

welfare of the Community and its members; 

(2) May be grounds for refusing to grant or renew a License, or for suspension 

or revocation of a License; 

(3) May be grounds for filing a complaint with the NIGC; 

(4) May be grounds for filing criminal charges and/or a civil action in a court 

of competent jurisdiction on behalf of the Community Gaming 

Commission; and 

(5) In the case of a Licensee being convicted of a felony, shall be grounds for 

immediate revocation of the License. 

(b) Acceptance of a License or renewal thereof or condition imposed thereon by a 

Licensee constitutes agreement on the part of the Licensee to be bound by all the 

regulations and/or conditions of the Community Gaming Commission and by the 

provisions of this Ordinance, and the regulations promulgated hereunder, and as 

the same may hereafter be amended. It is the responsibility of the Licensee to 

keep himherself informed of the contents of all such regulations, provisions, and 

conditions, and ignorance thereof will not excuse the violations. 

(c) Any person in violation of this Ordinance shall be subject to sanctions under this 

Ordinance. The following provisions shall govern the response of the 

Commission to violations: 

(1) Each day of violation may constitute a separate count or violation of this 

Ordinance. Separate violations shall be prosecuted as separate offenses 

before the Commission or a court of competent jurisdiction; 

(2) All property used in each and every separate violation of this Ordinance 

may become the property of the Community. All property used in each 

and every separate violation of this Ordinance may be subject to forfeiture 
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following a hearing; 

(3) Violators may also be required to pay court costs, storage fees, and auction 

or sales fees; 

(4) Persons may be excluded or ejected from Gaming Enterprises or 

prohibited from trespassing on premises licensed under this Ordinance, 

and may be subjected to civil penalties or sanctions for violating the 

provisions of Section 2 16; 

(5) Licenses may be suspended, revoked, or limited and/or Gaming 

Establishments may be forcibly closed; 

(6) Winnings found to have been received in violation of this ordinance may 

be confiscated and may, following a hearing, be forfeit and become the 

property of the Community; 

(7) Civil penalties may be imposed as additional sanctions, in the amounts 

prescribed and in accordance with the hearing procedures set forth in this 

Ordinance. 

Any of the above actions may be taken at the discretion of the Commission. 

SECTION 215. CIVIL PENALTY PROVISIONS 

It shall be a civil violation of the laws of the Shakopee Mdewakanton Sioux Community to 

disobey the provisions of this Ordinance or any regulations promulgated by the Community 

Gaming Commission, or any proper order issued under the authority of this Ordinance. Any 

person or Licensee found to be guilty of such violation may be assessed a civil penalty. Civil 

penalties may be imposed pursuant to and in compliance with the provisions of this Ordinance, 

and any regulations promulgated by the Commission under the authority provided in this 

Ordinance. Civil penalties may be imposed in addition to the imposition of any other sanctions 

permitted under this Ordinance, including but not limited to suspension or revocation of the 

Gaming License for a period not to exceed one year. Civil penalties may be imposed up to the 

amount of $25,000.00 for each individual violation. 

SECTION 216. EXCLUSION OR EJECTMENT OF CERTAIN PERSONS FROM 

GAMING ESTABLISHMENTS 

(a) Exclusion or Eiection of Persons Permitted. The Community hereby declares that 

the exclusion or ejectment of certain persons from licensed gaming 

establishments, facilities, enterprises or places is necessary to carry out the 

policies of this Ordinance and to maintain the health, welfare, safety and security 

of the public, as well as to protect the integrity of gaming conducted on the 

Shakopee Mdewakanton Sioux Reservation. 

(b) Notice To Gaming Enterprise. In the furtherance of the policies of this section the 

Commission may provide for any Gaming Enterprise, facility, or place a list of 
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persons who are not permitted to enter or be on the premises, and who may be 

forcibly excluded or ejected therefrom, including any person whose presence 

poses a threat to the Shakopee Mdewakanton Sioux Community, the State of 

Minnesota, or to the integrity of licensed gaming conducted within the 

Reservation. Upon a finding that a person should be excluded or ejected for any 

of the reasons specified in Section 217, the Commission shall provide the Gaming 

Enterprise with a picture of that person, with a written description of that person, 

together with written notice that the person shall not be permitted to enter or be on 

the premises of any Gaming Enterprise, and who, upon identification by the 

Gaming Enterprise, shall be forcibly ejected or excluded therefrom. 

(c) Exclusion by Gaming Enterprise. The Licensee of any Gaming Establishment 

may independently make a finding that any person should be excluded or ejected 

for any of the reasons specified in this Section, and may act to exclude or eject 

such persons, provided that any person so ejected shall be provided with written 

notice of the right to a hearing to appeal such action to the Commission. 

SECTION 217. FACTORS TO BE CONSIDERED BY THE COMMISSION IN 

MAKING ITS DETERMINATION TO EXCLUDE 

In making its determination regarding exclusion or ejectment from a gaming facility, place, 

establishment, or enterprise the Commission shall consider: 

(a) That person's prior conviction for a felony, a misdemeanor involving moral 

turpitude, or a violation of the Gaming laws of any Indian Tribe, State, or of the 

United States; 

(b) Any violation or attempt to violate, or conspiracy to violate the provisions of this 

Ordinance relating to the disclosure of an interest in a Gaming Enterprise; 

(c) Failure to disclose information required by the license application, or any effort to 

evade taxes or fees associated with the conduct of Gaming; 

(d) Any reputation for behavior which would adversely affect the public confidence 

in the Gaming Enterprise and trust that the Gaming industry is free from criminal 

or corrupting influences; 

(e) Any attempt to manipulate or tamper with any Gaming equipment or alter or 

distort the normal conduct of any game, or to conspire with any other person for 

such purposes; and 

(f) Any other action or behavior deemed wrongful or inappropriate. 

SECTION 218. NOTICE TO EXCLUDED PERSONS 

When the name and description of a person is placed on the List of excluded persons, the 

Commission or the Gaming Enterprise shall, if possible, give notice of the action to that person 

by at least one of the following means: 
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Title II Development, Administration, andEnforcement 

(a) By personal service; 

(b) By certified mail to the last known address of the person. 

SECTION 219. APPEAL 

Persons against whom action has been taken pursuant to Sections 214 through 218 by the 

Commission and who have been heard before the Commission may appeal the Commission's 

decision to the Shakopee Mdewakanton Sioux Community's Tribal Court. In all appeals before 

the Tribal Court, there will be deference given by the Tribal Court to the determination of the 

Commission as the agency charged with responsibility for interpreting its own regulations. 

Findings of fact made by the Commission may be certified for review by the Tribal Court. 

The Tribal Court will overturn actions of the Commission only where it can be shown that those 

actions were arbitrary and capricious, or were clearly an abuse of the Commission's discretion. 

In all cases, the evidentiary standard on review shall be a preponderance of the evidence 

standard. 

SECTION 220. NO LIMITATION ON THE NUMBER OF GAMING 

ENTERPRISES 

Nothing in this Ordinance shall limit the number of Gaming Enterprises the Commission can 

license to conduct Gaming on the Shakopee Mdewakanton Sioux Community Reservation or 

lands subject to the governmental control of the Shakopee Mdewakanton Sioux Community, 

pursuant to the provisions of this Ordinance and IGRA, but in all cases, each separate facility, 

place, or location shall require a separate license, issued specifically for that place, facility, or 

location. 
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Gaming Ordinance 

TITLE 111. LICENSING 

SECTION 300. LICENSE REQUIRED 

(a) For purposes of minimizing the promulgation and maintenance of provisions that 

are subject to continuous regulatory updates within this Title, and are explicit to 

the licensing of Primary Management and Key employees, the Community 

Gaming Commission shall further establish and maintain comprehensive rules in 

Chapter 3 of the Community Gaming Regulations that require the performance of 

background investigations and the issuance of licenses for Key employees and 

Primary Management Officials according to requirements that are at least as 

stringent as those in parts 25 CFR Parts 556 and 558 and any subsequent 

amendments. 

(b) Any person, organization, or entity (including Primary Management Officials and 

Key Employees) conducting a public Gaming Enterprise on behalf of the 

Community, or acting as the agent of such person, organization or entity, on 

property within the exterior boundaries of the Shakopee Mdewakanton Sioux 

Community Reservation andlor on property which is subject to the jurisdiction of 

the Community, or any person, organization, or entity selling, leasing, or 

otherwise distributing gambling equipment or video games of chance to the 

Community, shall be required to have and display prominently, or display upon 

request, an appropriate, valid, and current Community public Gaming License 

issued pursuant to the provisions of this Ordinance. A License shall also be 

required for each facility, place, establishment, or enterprise where Gaming is 

conducted. Any other form of public Gaming operations being conducted within 

the jurisdiction of the Community without the lawful written approval of the 

Commission is prohibited. 

SECTION 301. APPLICATION NECESSARY FOR PUBLIC GAMING 

ACTIVITIES 

Except as provided in Section 317, all persons or organizations who may seek to engage in 

public gaming activities within the jurisdiction of the Community must apply to the Community 

Gaming Commission for the appropriate License pursuant to this Section and in accordance with 

the provisions of Chapter 3 of the Community Gaming Regulations, prior to commencing such 

activities. 

SECTION 302. APPLICATION FOR GAMING ENTERPRISE 

The License application for a tribally or non-tribally operated Gaming Enterprise shall be 

completed and submitted to the Community Gaming Commission in accordance with this 

Section and Chapter 3 of the Community Gaming Regulations. In addition, the Commission shall 

enforce the license notifications and submissions requirements under 25 CFR part 559. Any of 

the requirements to providing information may be waived by the Commission for good cause 

shown, provided that the waiver of such information does not conflict with any applicable Tribal, 

Federal, or State laws. 
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SECTION 303. APPLICATION AND INVESTIGATION REPORT FOR PRIMARY 

MANAGEMENT OFFICIALS AND KEY EMPLOYEES 

When a Primary Management Official or a Key Employee is employed by the Gaming 

Enterprise, the Community Gaming Commission shall maintain a complete application file 

containing the information set forth in this Section and in Chapter 3 of the Community Gaming 

Regulations. Such information shall include: 

(a) Notices. The License Application for Primary Management Officials and Key 

Employees of any Gaming Enterprise of the Community shall contain the 

following statements: 

(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 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be granted a 

gaming license. The information will be used by the Shakopee 

Mdewakanton Sioux Community Gaming Commission and by the 

National Indian Gaming Commission members and staff who have need 

for the information in the performance of their official duties. The 

information may be disclosed by the Shakopee Mdewakanton Sioux 

Community Gaming Commission or National Indian Gaming Commission 

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

regulatory agencies when relevant to civil, criminal or regulatory 

investigations or prosecutions or when pursuant to a requirement by the 

Shakopee Mdewakanton Sioux Community Gaming Commission or the 

National Indian Gaming Commission in connection with the issuance, 

denial, or revocation of a gaming license, or investigations of activities 

while associated with a tribe or a gaming operation. Failure to consent to 

the disclosures indicated in this notice will result in the Shakopee 

Mdewakanton Sioux Community Gaming Commission being unable to 

license you for 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 

license application may be grounds for denying a license or the suspension 

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

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

(3) Notice to Existing Key Employees and Primary Management Officials. 

The Shakopee Mdewakanton Sioux Community shall provide written 

notice (concerning Sections (1) and (2) above) to existing Key Employees 

and Primary Management Officials, in accordance with Section 3 10 of this 

Ordinance. 
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Title III. Licensing 

(b) Required Information. The Community Gaming Commission shall set forth in 

Chapter 3 of the Community Regulations the specific information required to be 

provided by each Primary Management Official and Key Employee. Such 

information shall meet or exceed National Indian Gaming Commission 

requirements pursuant to 25 C.F.R. Part 556. 

(c) Fingerprints. The fingerprints of the applicant to be captured by the Community 

Gaming Commission and submitted to either, the Minnesota State Alcohol and 

Gambling Enforcement Division, or the National Indian Gaming Commission for 

conducting a criminal history check through local, state, and federal law 

enforcement agencies, including a check of the criminal history records 

maintained by the Federal Bureau of Investigations; and 

SECTION 304. BACKGROUND INVESTIGATION 

(a) The Community Gaming Commission shall perform a background investigation 

pursuant to this Section and Chapter 3 of the Community Gaming Regulations, 

for each Primary Management Official and for each Key or Non-Key Employee 

of a Community Gaming Enterprise. 

@) If the Shakopee Mdewakanton Sioux Community Gaming Commission, in 

applying the standards adopted in this Ordinance, determines that licensing of the 

person poses a threat to the public interest or to the effective regulation of 

gaming, or creates or enhances the dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of Gaming, the Shakopee 

Mdewakanton Sioux Community Gaming Commission shall not license that 

person in a Key Employee or Primary Management Official position. 

(c) The requirements of this Section shall apply to all members of the Commission, 

and to any employees, agents or members of committees of the Commission. 

(d) The Commission shall forward sufficient information from the applicants, along 

with the applicable fees to the Alcohol Gambling Enforcement Division or the 

National Indian Gaming Commission to conduct a background check to be 

conducted on an annual basis, commencing with the date of employment. 

SECTION 305. REPORT FOR NATIONAL INDIAN GAMING COMMISSION 

FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

OFFICIALS 

Before issuing a Gaming License to any Primary Management Officials or Key Employees, and 

pursuant to this Section and Chapter 3 of the Community Gaming Regulations, the Community 

Gaming Commission shall: 

(a) Create and maintain an investigative report on each background investigation. 

(b) Submit a notice of results of the applicant's background investigation to the 

National Indian Gaming Commission no later than sixty (60) days after the 
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Title 111 Licensing 

applicant begins work, and through the appropriate Regional office. 

SECTION 306. TEMPORARY EMPLOYMENT AUTHORIZATION 

On the basis of the completed License application and any other available information, the 

Shakopee Mdewakanton Gaming Commission shall make a preliminary finding concerning the 

eligibility of a Key Employee or a Primary Management Official for a permanent License. If the 

Commission, in applying the standards adopted in this Ordinance, determines that employment 

of a person under investigation poses a threat to the public interest or to the effective regulation 

of Gaming, or creates or enhances the dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct of gaming, the Commission shall not issue a temporary 

employment authorization (TEA) to the individual, and a management contractor or a Tribal 

Gaming operation shall not employ that person in a Key Employee or Primary Management 

Official position. 

If the Commission, after consideration of the appropriate information, judged by the relevant 

standards as defined in this Ordinance and IGRA, and the rules and regulations promulgated 

pursuant thereto, determines that the Applicant is sufficiently qualified to apply for a gaming 

License, the Commission shall issue a TEA. Such authorization shall be good for a period not to 

exceed ninety (90) days for Primary Management Officials or Key Employees, and sixty (60) 

days for Non-Key Employees, shall be granted only to identify and monitor the individual 

Applicant pending a determination by the National Indian Gaming Commission (Primary 

Management Officials and Key Employees) or the Commission (Non-Key Employees) of the 

Applicant's eligibility for a permanent License, and is revocable upon completion of the 

background investigation of the individual applicant if the Shakopee Mdewakanton Sioux 

Community Gaming Commission determines that the results of the background investigation 

warrant such revocation. Such TEA, and the privilege of employment which it permits, is in all 

cases revocable if the National Indian Gaming Commission or the Commission determines the 

applicant is not eligible for licensing. The individual may begin employment upon receipt of the 

TEA. 

Unless the Commission has received information which would lead to the conclusion that the 

employee is not eligible for licensure or continued licensure, at the end of the ninety (90) day 

period for Primary Management Officials or Key Employees and the sixty (60) day period for 

Non-Key Employees specified herein, the TEA shall become a permanent License upon approval 

by the Commission which remains subject to revocation if the Licensee omitted required 

information from their application for a License, has a previously undisclosed criminal violation, 

or has otherwise engaged in activity or practices which could reasonably lead to the conclusion 

that the individual poses a threat to the public interest or the effective regulation of gaming, or 

creates or enhances the danger of unfair, or illegal practices and methods in the conduct of 

gaming. 

SECTION 307. LICENSING REQUIREMENTS AND PROCEDURES FOR 

PRIMARY MANAGEMENT OFFICIALS AND KEY 

EMPLOYEES: REVIEW OF NOTICE OF RESULTS 

(a) Upon receipt of a complete notice of results for a Key Employee or Primary 
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Gaming Ordinance 

Title III Licensing 

Management Official as required by Section 305 of this Ordinance, the National 

Indian Gaming Commission has thirty (30) days to request additional information 

concerning the applicant or licensee and to object. 

(b) If the National Indian Gaming Commission has no objection to issuance of a 

license, it shall notify the Community Gaming Commission within thirty (30) 

days of receiving notice of results pursuant to Section 305 of this Ordinance. 

(c) If, within the 30-day period described in paragraph (a) of this section, the 

National Indian Gaming Commission provides the Community Gaming 

Commission with a statement itemizing objections to the issuance of a license to a 

Key Employee or to a Primluy Management Official applicant for whom the 

Commission has provided a notice of results, the Commission shall reconsider the 

application, taking into account the objections itemized by the Commission. The 

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

applicant. 

(d) If the Commission has issued the license before receiving the Commission's 

statement of objections, notice and hearing shall be provided to the licensee as 

pursuant to Section 309. 

SECTION 308. GRANTING LICENSES TO KEY EMPLOYEES AND PRIMARY 

MANAGEMENT OFFICIALS 

(a) After the Commission has provided a notice of results of the background check to 

the National Indian Gaming Commission, the Commission may license a Primary 

Management Official or Key Employee. 

(b) Within thirty (30) days after the issuance of the license, the Commission shall 

notify the National Indian Gaming Commission of its issuance. 

(c) A Gaming Enterprise shall not employ a Key Employee or Primary Management 

Official who does not have a license after ninety (90) days. 

(d) If the Commission does not license an applicant it shall notify the National Indian 

Gaming Commission and forward copies of its eligibility determination and 

notice of results, under Section 305(b) of this Ordinance, to the National Indian 

Gaming Commission. 

SECTION 309. LICENSE SUSPENSION FOR PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES 

If, after the issuance of a Gaming License the Shakopee Mdewakanton Sioux Community 

Gaming Commission receives reliable information from the National Indian Gaming 

Commission indicating that an employee is not eligible for continued licensure, the Community 

Gaming Commission shall: 

(a) Immediately suspend such License and shall notify the Licensee in writing of the 
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Gaming Ordinance 

Title III. Licensing 

suspension and the proposed revocation; 

(b) The Shakopee Mdewakanton Sioux Community Gaming Commission shall notify 

the Licensee of a time and a place for a hearing on the proposed revocation of 

herhis License; 

(c) After a revocation hearing, the Shakopee Mdewakanton Sioux Community 

Gaming Commission shall decide to revoke or to reinstate a Gaming License. The 

Shakopee Mdewakanton Sioux Community Gaming Commission shall notify the 

National Indian Gaming Commission of its decision within forty-five (45) days of 

receiving notification from the National Indian Gaming Commission. 

SECTION 310. NOTICE TO EXISTING KEY EMPLOYEES AND PRIMARY 

MANAGEMENT OFFICIALS 

(a) The Shakopee Mdewakanton Sioux Community Gaming Commission shall notify 

existing Key Employees and Primary Management Officials in writing that they 

shall either: 

(1) Complete a new application form that contains the Privacy Act notice at 

Section 303 of this Ordinance; or 

(2) Sign a statement that contains the Privacy Act notice (at Section 303 of 

this Ordinance) and consent to the routine uses described in that notice. 

(b) The Shakopee Mdewakanton Sioux Community Gaming Commission shall also 

notify existing Key Employees and Primary Management Officials that they shall 

either: 

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

statements contained in Section 303 of this Ordinance; or 

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

Section 303 of this Ordinance). 

SECTION 311. RETENTION OF APPLICATIONS FOR KEY EMPLOYEES AND 

PRIMARY MANAGEMENT OFFICIALS OF A GAMING 

OPERATION 

The Shakopee Mdewakanton Sioux Community Gaming Commission shall retain for inspection 

by the Chairman of the National Indian Gaming Commission or her or his designee for no less 

than three (3) years from the date of termination of employment: 

(a) Applications for licensing; 

(b) Investigative reports; and 

(c) Eligibility determinations. 
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Title 111 Licensing 

SECTION 312. APPLICATION FOR DISTRIBUTORS OF VIDEO GAMES OF 

CHANCE AND GAMING EQUIPMENT 

The License application for any person, organization or entity wishing to sell, lease or otherwise 

distribute Gaming equipment andlor video games of chance to the Community shall contain the 

following information: 

(a) The name(s) and mailing address(es) of the person or entity making the 

application; 

(b) The names and addresses of all Interested Parties (including those with direct or 

indirect financial interests) and their interest and connection to the applicant; 

(c) The nature of the License applied for; the type of activity to be engaged in under 

the License; 

(d) Explicit and detailed disclosure of any criminal record, including any delinquent 

taxes owed to the State of Minnesota, of the applicant, any person involved in the 

organization, and any Interested Party whose name appears on the application; 

(e) Whether the Applicant has been properly Licensed by the State of Minnesota 

pursuant to Minnesota Statute section 349.161; or proof of being the holder of a 

current and valid distributor or manufacturer License fiom the State of Minnesota, 

or the State of New Jersey, or the State of Nevada, or the State of South Dakota; 

(f) Whether the Applicant has ever had a distributor or manufacturer License revoked 

or suspended by the state that issued the license and, if so, the circumstances 

surrounding the state's action; 

(g) A statement of waiver allowing the Community and the State of Minnesota to 

conduct a background investigation of the Applicant and any person whose name 

is required to appear on the application; 

(h) Whether the Applicant or any person whose name is required to appear on the 

application maintains any involvement in the business of wholesale distribution of 

alcoholic beverages; and 

(i) Any additional information necessary to allow the Community Gaming 

Commission or the State of Minnesota to investigate the applicant or any person 

included on the application. 

SECTION 313. MACHINE LICENSES 

Any person, organization, or entity applying for a Gaming Enterprise license pursuant to the 

terms of this Ordinance must obtain fiom tile Shakopee Mdewakanton Sioux Community 

Gaming Commission an annual non-transferable license for each video game of chance to be 

placed in a Gaming Enterprise operating under the provisions of this Ordinance. 
Shakopee Mdewakanfon Sioux Community 

Gaming Ordinance 

Tifle 11I Licensing 

An application for a License for a video game of chance shall contain the following information: 

(a) The name and address of the Applicant with proof of a current and valid 

distributor or manufacturer License issued by a state and the Community; 

(b) Identification numbers or codes for each video game of chance placed in a 

Community Gaming Enterprise, including the manufacturer, the serial number 

and the model number; 

(c) Proof of approval and certification of the machine by an approved gaming test 

laboratory or proof that the video game of chance conforms precisely to the exact 

specifications of the video game of chance prototype tested and approved by the 

Gaming Test Laboratory; 

(d) All other information as required by the Tribal-State Compact on Video Games of 

Chance; 

(e) Upon issuance, the Community Gaming Commission shall have attached to each 

video game of chance licensed under the provisions of this Ordinance, an 

unremovable identification plate on the exterior cabinet which contains the 

information as required by the Tribal-State Compact on Video Games of Chance. 

SECTION 314. CLASSES OF LICENSES 

Upon proper application and approval, the following classes of Licenses or Certificates of 

Registration may be issued at the discretion of the Community Gaming Commission: 

(a) Class A License for a Gaming Enterprise in which a Gaming operator wishes to 

conduct Class I1 or Class 111 lawful gaming at a Community Gaming Enterprise; 

the License shall be site specific, valid for a period of one (1) year and shall have 

an application fee as determined by the Commission. 

(b) Class B License (Key Employee License) to any Management Official or Key 

Employee of either a Gaming operator or the Community; the License shall be 

valid for a period of one (1) year and shall have an application fee as determined 

by the Commission. 

(c) Class B-1 License (Non-Key Employee License) to any other employee, not 

licensed as a Management Official or Key Employee, of a Gaming operator or the 

Community, employed in a Gaming Enterprise licensed under the provisions of 

this Ordinance; the License shall be valid for a period of one (1) year and shall 

have an application fee as determined by the Commission. 

(d) Class C License to any vendor of Gaming Products or Services to be used in a 

Community Gaming Enterprise; the License shall be valid for a period of one (1) 

year and shall have an application fee as determined by the Commission. 

(e) Class D license for each Video Game of ChancelSlot Machine to be used in a 
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Gaming Ordinance 

Title III. Licensing 

Community Gaming Enterprise; the License shall be valid for a period of one (1) 

year and shall have the fee as determined by the Commission. 

(0 Class E License to any Consultant engaged to advise the Gaming Enterprise. All 

Consultants must undergo a background investigation and be granted a License by 

the Commission before a Consultant may begin work and before any monies are 

paid for services. The License shall be valid for a period of one (1) year. 

(g) A Certificate of Registration shall be issued to all vendors of Non-Gaming 

Products or Services not otherwise required to be licensed by this Ordinance or 

the Community Gaming Regulations. If, after registration, it is determined that the 

vendor is required to be licensed by the Ordinance or this Regulation, then the 

original registration fee shall be applied towards the License fee charged. State 

and Federal entities, utility companies, and any other Non-Gaming vendors the 

Commission deems suitable, shall not be assessed a registration fee. The 

Certificate of Registration shall be valid for a period of one (1) year. 

(h) The Gaming Commission may revise the fees for each class of license subsequent 

to an annual review and public hearing. Fees shall not be reviewed more 

frequently than on an annual basis. The determination of the Commission shall be 

final. 

(i) Additional license classes or registration requirements may be enacted by the 

Commission pursuant to Section 205(j)(l) of this Ordinance. 

Cj) All License application fees for gaming employees shall be paid by employer. 

SECTION 315. REIMBURSEMENT FOR COSTS OF INVESTIGATION 

The Commission shall assess a reasonable fee at the time of application for all Licenses. If 

additional extraordinary investigation is necessary to determine whether the Applicant is 

properly qualified for a License, the Commission may require an additional fee, not to exceed the 

cost of the original fee. 

SECTION 316. FRAUD ON APPLICATION 

It shall be unlawful for any Applicant to lie or willfully deceive in the submission of a License 

application. The penalty for fraud on application is revocation of the License following a hearing 

pursuant to Section 209. The penalty also includes relevant sanctions pursuant to Section 214 

and 215 of this Ordinance. 

SECTION 317. EXEMPTIONS 

The following activities are not public Gaming operations under the terms of this Ordinance and, 

therefore, do not require a License under this title: 

(a) Gaming in which no cash or valuable prizes are won, other than "points" for 

cumulative competitive ratings or "places" for immediate competitive rankings, is 
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Title 111. Licensing 

not subject to the provisions of this Ordinance. 

(b) Social gaming (other than Bingo) conducted by a non-profit organization for 

prizes of minimal value (less than $100 in fair market value) is not subject to the 

provisions of this Ordinance. 

(c) Traditional Indian Gaming activities, in the nature of hand games, are not subject 

to the provisions of this Ordinance. The Community Gaming Commission is 

hereby authorized to determine on a case-by-case basis, upon request, whether a 

particular traditional gaming activity qualifies for the exemption. 

SECTION 318. LICENSE RENEWAL 

Every Licensee intending to continue engaging in public Gaming activities within the Shakopee 

Mdewakanton Sioux Community Reservation during the next calendar year shall apply to the 

Community Gaming Commission for renewal of the license at least sixty (60) days prior to the 

end of the previous License period. 

SECTION 319. LICENSE DISPLAY 

Every Licensed Gaming Operator shall display in a prominent place a current and valid 

Shakopee Mdewakanton Sioux Community License for that location. 

SECTION 320. REQUIREMENTS TO MAINTAIN LICENSE 

The following requirements must be met to maintain a valid Gaming License granted pursuant to 

this Ordinance: 

(a) When a Licensee changes a location of public Gaming activities within the 

Shakopee Mdewakanton Sioux Community Reservation, the Commission shall, 

after notification by the Licensee of such change, issue a corrected License for the 

balance of the current period reflecting the new address upon reasonable proof of 

change of address and without imposition of an additional License fee. 

(b) It shall be unlawful for any Licensee to fail to notify the Commission of any new 

prospective Key Employee, Primary Management Official, new ancillary 

contractor, or new operator. The Community Gaming Commission shall 

investigate and provide approval or disapproval of the new Key Employee, 

Primary Management Official, contractor, or operator within thirty (30) days. Any 

information received by the Commission shall be confidential, and shall be 

disclosed only in accordance with the provisions of this Ordinance, and the 

Privacy Act of 1974 and 25 U.S.C. 2701 et seq. 

(c) It shall be unlawful for any Licensee to begin the employment of a new Key 

Employee or Primary Management Official, begin the performance of any new 

contract, or continue to conduct Gaming under the control of any new operator 

without the approval of the Community Gaming Commission. 
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(d) It shall be unlawful for any person to possess a firearm or dangerous weapon on a 

premise where licensed gaming is allowed, with the exception of firearms 

possessed by duly authorized peace officers. 

(e) It shall be unlawful for a Licensee to engage in pawnbroking or to take goods or 

materials in hock or to lend money or engage in similar activity with persons for 

the purposes of enabling that person to gamble. 

(f) A Licensee is required to, during normal business hours, maintain his or her 

premises open for inspection by the Shakopee Mdewakanton Sioux Community 

Gaming Commission or its agents, or any other authorized governmental agency, 

and to keep its books and financial records open for similar inspection. 

(g) Licensed Gaming Operators and Tribal Gaming Operators must produce, if 

possible, at a player's request, losing tickets, copies of canceled checks or other 

evidence of loss acceptable to the Internal Revenue Service if requested by the 

player or contestant at the time the player or contestant buys a ticket or chance or 

otherwise enters the game. 

(h) Each licensed Gaming Enterprise shall submit or make available to the 

Commission each month, financial information and operating statistics for the 

previous month's operations. 

(1) The information to be provided or made available to the Commission 

shall include, but not be limited to the following: a balance sheet, income 

statement, budget to actual and to previous period, board minutes, bank 

statements and reconciliations, the monthly prize payout report, payroll 

and personnel files and reports, all cash disbursements, drop, payout and 

win and hold amounts and hold percentages for all gaming departments 

and internal audit reports. 

(2) The Certified Public Accountant retained by the Gaming Commission will 

review and analyze the information provided and prepare a report in 

accordance with the American Institute of Certified Public Accountants 

Agreed Upon Procedures standards. 

(3) The report will be signed under oath, by the Certified Public Accountant, 

selected and retained by the Commission. The report shall contain all 

information determined by the Commission and the Certified Public 

Accountant as necessary to determine and ensure compliance by the 

Gaming Enterprise with the provisions of this Ordinance or any other 

applicable law. 

(4) The report will be made available to the Business Council upon request. 

Members of the General Council who wish to examine the report may do 

so during normal business hours of the Gaming Commission. 

(i) The licensed premises shall be open to inspection by the Commission or its agents 

34 
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Title 111. Licensing 

at all times during the regular business hours. 

(i) There shall in all cases be a first hiring preference for Community members, and a 

second hiring preference for Native Americans. 

(k) There shall be no discrimination in operations conducted under the Gaming 

License by reason of race, color, creed, or gender preference. 

SECTION 321. PEES 

Each application for an initial or renewal License shall be accompanied by payment of the 

required fee pursuant to Section 314 herein. The Gaming Commission's imposition of the 

License fee properly owed under this Ordinance shall be final. This fee is imposed for the 

revocable privilege of being licensed to engage in public Gaming activities within the 

jurisdiction of the Community. 

SECTION 322. PAYMENT OF LICENSE FEES 

All License fees collected under authority of the Gaming Ordinance shall be paid to the 

SecretaryITreasurer of the Community and the SecretarylTreasurer shall place them in a separate 

account to be applied to expenses incurred by the Commission from the enforcement of this 

Ordinance. 

SECTION 323. NON-TRANSFERABILITY 

The License issued pursuant to the provisions of this Ordinance is valid only for the person(s) or 

organization(s) at the place of business shown on the face thereof. It is not assignable or 

otherwise transferable to any other person or organization or for any other location without the 

written approval of the Community Gaming Commission. 

SECTION 324. LICENSE AS A REVOCABLE PRIVILEGE 

Maintaining a License is a revocable privilege, and no holder thereof shall be deemed to have a 

part in any vested rights therein or thereunder. The burden of proving qualifications to hold any 

License rests at all times on the Licensee. The Gaming Commission is charged by law with the 

duty of continually observing the conduct of all Licensees to the end that Licenses shall not be 

held by unqualified or disqualified persons or unsuitable person or persons whose operations are 

conducted in an unsuitable manner. 

SECTION 325. ANNUAL LICENSE REVIEW 

The Commission shall undertake a review of all Licenses, whether that License be of a facility, 

place, operation, person, Primary Management Official, or Key Employee, which review shall be 

comparable to that required for initial employment, and which shall take place annually 

commencing with the anniversary date of employment. This review shall be undertaken in a 

manner which ensures compliance with the provisions of the Tribal-State Compacts on Gaming, 

and shall be subject to the same requirements, restrictions, and limitations governing use as is the 

initial license application and background investigation conducted in conjunction with the initial 
Shakopee Mdewakanton Sioux Community 

Gaming Ordinance 

Title III. Licensing 

licensure. 

SECTION 326. COMMISSION MAY WAIVE CERTAIN REQUIREMENTS 

The Commission shall have the authority to waive the requirement that Applicants for licensing 

under the provisions of this Ordinance have no felony convictions. The Commission may waive 

the requirements where the Commission makes a determination that the Applicant has fulfilled 

the requirements of the sentence imposed by the Court which exercised jurisdiction over the 

case, and where the felony is not gaming related, the Applicant does not pose a threat to the 

integrity of gaming, the welfare or safety of the Community or its guests, and where a period of 

time has elapsed with no further violations of the law, which period would lead to the reasonable 

inference that the person intends to abide by the law and be a responsible member of society. 

The Commission shall not be permitted to waive the no felony requirement in those cases where 

the individual applicant was found guilty of a felony which was committed against an Indian 

Tribe, a Tribal government, or a Tribal entity. 

The Commission may consider as a basis for License denial only those misdemeanors relating to 

theft, and may not consider as a basis for License denial those misdemeanors relating to writing 

checks drawn on an account which contained insufficient funds, unless the frequency and amount 

of such activity indicates to the Commission that the individual engaging in the activity has a 

flagrant disregard for financial accountability which might render them unsuited for Licensure. 

The Commission shall in no case consider misdemeanors relating to minor traffic violations as a 

basis for License denial. 
Shaknpee Mdewaknnton Siou Communify 

Gaming Ordinonce 

TITLE IV. RULES OF GENERAL APPLICABILITY 

SECTION 400. RULES OF GAMING OPERATION 

Each Licensee operating a Gaming Enterprise under a License issued pursuant the provisions of 

this Ordinance shall prominently display in writing all rules pertaining to Gaming activity, 

including but not limited to Traditional Bingo, other games of chance, Video Games of Chance, 

and Blackjack, near the specific location where such Gaming activity is conducted; or shall make 

available a written list of all such rules to any person making a request for such. 

Each Gaming Operator Licensed under the provisions of this Ordinance shall utilize Gaming 

rules that are in compliance with the laws of the Community, the State of Minnesota, and the 

United States of America, any Compact and specifically the Indian Gaming Regulatory Act of 

1988 and any applicable regulations promulgated by the National Indian Gaming Commission. 

SECTION 401. VIDEO GAMES OF CHANCE 

The following requirements shall apply to management and conduct of all Video Games of 

Chance within any Gaming Enterprise licensed pursuant to the provisions of this Ordinance. 

(a) No gaming enterprise may own, lease, or operate Video Games of Chance that 

have been manufactured by a manufacturer who has not received a License from 

the Community Gaming Commission pursuant to the provisions of Title I11 of this 

Ordinance. The Community Gaming Commission shall issue Licenses to 

manufacturers of Video Games of Chance holding a valid License from the State 

of Minnesota, or the State of New Jersey, or the State of Nevada, or the State of 

South Dakota. 

(b) No gaming enterprise may own, lease, or operate Video Games of Chance that 

have been distributed by a distributor that has not received a License from the 

Commission pursuant to the provisions in Title I11 of this Ordinance. The 

Gaming Commission shall issue Licenses to distributors of Video Games of 

Chance holding a valid License from the State of Minnesota, or the State of New 

Jersey, or the State of Nevada, or the State of South Dakota. 

(c) In the event that the State of Minnesota, or the State of New Jersey, or the State of 

Nevada, or the State of South Dakota, suspends, revokes, or refuses to renew a 

License of a manufacturer or distributor of Video Games of Chance similarly 

licensed by the Commission, such action may be grounds for similar action by the 

Commission, which shall suspend, revoke, or refuse to renew the License issued 

by the Commission to such manufacturer or distributor. 

(d) No Video Game of Chance may be purchased, leased or otherwise acquired by a 

Gaming Enterprise unless: 

(1) The Video Game of Chance is purchased, leased, or acquired from a 

manufacturer or distributor licensed to sell, lease, or distribute Video 

Games of Chance by the Community Gaming Commission pursuant to the 

provisions of this Ordinance; and 
Shakopee Mdewakanton Siolu Community 

Gaming Ordinance 

Title IV Rules of General Applicability 

(2) The Video Game of Chance, or a prototype thereof, has been tested, 

approved or certified by a Gaming Test Laboratory as meeting all 

requirements and standards of the Tribal-State Compact on Video Games 

of Chance or other Compacts and applicable Federal laws or regulations. 

(e) Any Gaming activity involving Video Games of Chance shall be conducted in 

strict compliance with the TribalJState Compact on Video Games of Chance. 

SECTION 402. RESTRICTIONS FOR GAMING ENTERPRISES 

Each Licensee operating a Gaming Enterprise under a License issued pursuant to the provisions 

of this Ordinance must at all times observe the following restrictions on Gaming activities: 

(a) Except as herein provided, no person shall be extended credit for Gaming by any 

Gaming Enterprise. This restriction shall not apply to credits won by players who 

activate play on video games of chance after inserting coins or currency into the 

game, and shall not restrict the right of a Gaming Enterprise to offer check 

cashing or to install or accept bank card or credit card transactions in the same 

manner as would be normally permitted at any retail business within the State of 

Minnesota. 

(b) No person below the age of eighteen (18) years on the date of Gaming shall 

knowingly be permitted to participate in the Gaming in any Gaming Enterprise 

licensed under the provisions of this Ordinance. If any person below the age of 

eighteen (18) years plays and otherwise qualifies to win any prize, the prize shall 

not be paid, and in all cases, upon demand, the estimated amount wagered during 

the course of any game played by such person shall be returned to the player. 

(c) No Gaming Enterprise shall allow to be sold or otherwise made available any 

beverage containing alcohol including, but not limited to, beer or liquor at the 

Gaming Enterprise location without the authorization of the Shakopee 

Mdewakanton Sioux Community as evidenced by a duly adopted Liquor 

Ordinance which Ordinance shall be certified by the Secretary of the Interior and 

published in the Federal Register. 

(d) No firearms or air guns which are capable of discharging dangerous projectiles or 

gases including, but not limited to, "bb's" or COZ guns, rifles, shotguns, pistols, or 

revolvers, shall be allowed on the premises except as permitted for security by an 

employed security force or other city, state, or federal law enforcement officers in 

the course of their official duties. 
Shakopee Mdewakanlon Siom Comrnunify 

Gaming Ordinance 

TITLE V. INDIAN GAMING REGULATORY ACT 

SECTION 500. POLICY 

It shall be the policy of the Community to fully comply with all applicable U.S. federal law, to 

include the provisions of the Indian Gaming Regulatory Act (25 U.S.C. section 2701 et seq.), and 

to comply with all applicable State law as defined in the Tribal-State Compact on Video Games 

of Chance, the Tribal-State Compact on Blackjack, and other Compacts, if any, in the conduct of 

all gaming activity within the jurisdiction of the Community. 

SECTION 501. PROPRIETARY INTEREST 

The Shakopee Mdewakanton Sioux Community shall have the sole proprietary interest and 

responsibility for the conduct of any gaming activity, whether Class I1 or Class 111, as those terms 

are defined by the Indian Gaming Regulatory Act of 1988, 25 U.S.C. 2703(7),(8), within the 

jurisdiction of the Community. 

SECTION 502. NET REVENUES 

Net revenues derived from Gaming activity shall be utilized for the following purposes: 

(a) To fund Community government operations or programs; 

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

(c) To promote Community economic development; 

(d) To donate to charitable organizations; or 

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

SECTION 503. PER CAPITA PAYMENTS 

Net revenues from any Community licensed Gaming activity may be used to make per capita 

payments to Community members pursuant to the requirements of Tribal law, the Indian Gaming 

Regulatory Act, the plan approved by the Secretary of the Interior under 25 U.S.C. 2710(b)(3), 

and any other applicable law. 

SECTION 504. CONTRACTS 

All contracts for supplies, services, or concessions for a contract amount in excess of Twentyfive Thousand Dollars ($25,000.00) annually (except for contracts for professional legal or 

accounting services) relating to Class I1 and Class I11 gaming (as defined by the Indian Gaming 

Regulatory Act, 25 U.S.C. section 2703) shall be subject to the outside independent audits 

provided for in Title 11, Section 206(i) of this Ordinance. 

SECTION 505. INDIVIDUALLY OWNED GAMING 

No Licenses will be issued to allow the operation of individually owned Gaming Establishments. 
Shakapee Mdewakanlon Siow Community 

Gaming Ordinance 

Title V. Indian Gaming Regulatory Act 

SECTION 506. TRIBAL SELF-REGULATION 

It is the intent of the Community to request a hearing before the National Indian Gaming 

Commission for the issuance of a certificate of self-regulation. In anticipation of being selfregulating, the Community ensures that it will: 

(a) conduct its Gaming activity in a manner which: 

(1) Has resulted, and will continue to result, in an effective and honest 

accounting of all revenues; 

(2) Has resulted, and will continue to result in, a reputation for safe, fair, and 

honest operation of the activity; and 

(3) Has been, and will continue to be, generally free of evidence of criminal or 

dishonest activity; 

@) Adopt and implement adequate systems for: 

(1) Accounting for all revenues from licensed Gaming activity; 

(2) Investigation, licensing, and monitoring of all employees of the gaming 

activity; and 

(3) Investigation, enforcement and prosecution of violations of this Ordinance 

and regulations; and 

(c) Conduct all Gaming operations on a fiscally and economically sound basis. 

SECTION 507. MANAGEMENT AGREEMENTS 

All management agreements entered into by the Community, if any, shall comply with the 

applicable provisions of the Indian Gaming Regulatory Act, 25 U.S.C. $271 1. 

SECTION 508. INTERNAL REVENUE CODE 

All applicable Internal Revenue Code provisions concerning reporting and withholding of taxes 

with respect to the winnings from gaming shall be adhered to.