November 17.2006 

Via fax: 218.983.3294 

and First Class mail 

Joseph Plumer, Tribal Attorney 

White Earth Reservation Tribal Council 

P.O. Box 418 

White Earth, MN 56591 

Re: Approval of White Earth Reservation gaming ordinance 

Dear Mr. Plumer: 

This is in response to your September 28, 2006, letter seeking review and approval of 

the new White Earth Reservation gaming ordinance, enacted pursuant to White Earth 

Reservation Tribal Council Resolution No. 001-06-022. The ordinance is consistent with 

the requirements of the Indian Gaming Regulatory Act (IGRA) and this agency's 

regulations, and it is therefore approved. 

I noted in my review that the White Earth gaming commission may have a role in the 

management of the casino. It has been by experience that such an arrangement is not 

always in the best interest in of the operation. Nevertheless, should the White Earth 

the responsibilities of its gaming commission, NIGC will be 

e you might desire. 

ou have any questions or require assistance, please 

ey, at 202-632-7003. 

Chairman 

NATIONAL HEADQUARTERS 1441 L St NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NlGC.GOV 

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ: St. Paul, MN: Tulsa, OK 
White Earth Reservation Tribal Council 

4 \ 

Q 

A/K/A White Earth Business Committee 

White Earth Band of Chippewa Indians 

Resolution No. &\ 0 (6 C -0- 

WHEREAS: the White Earth Reservation Tribal Council is the duly elected governing 

body of the White Earth Reservation pursuant to Article IV, Section 1 of 

the revised constitution of the Minnesota Chippewa Tribe, as amended, 

and organized Section 16, of the Act of June 18, 1934 (48 stat. 984), and 

WHEREAS: the White Earth Band of Chippewa Indians has the inherent right to 

regulate Class I Gaming on the Reservation and can regulate Class IT and 

Class lII Gaming in conformity with the Indian Gaming Regulatory Act, 

25 U.S.C. 5 2703 et. seq., and 

WHEREAS: the White Earth Band of Chippewa Indians has determined it is necessary 

to amend the existing Gaming Ordinance, so as to fhther clarify the 

gaming that is permissible on the White Earth Reservation. 

NOW THEREFORE, the White Earth Reservation Tribal Council hereby adopts the 

attached WHITE EARTH RESERVATION GAMING ORDINANCE, (dated 9/25/06) 

subject to the review and approval of the National Indian Gaming Commission. 

NOW THEREFORE IT IS HEREBY RESOLVED, that the Secretary Treasurer is 

hereby instructed to forward a copy of the White Earth Reservation Gaming Ordinance 

(dated 9/25/06) and this Resolution to the National Indian Gaming Commission fonvith. 

We do hereby certify that the foregoing resolution was adopted by a vote oefor 

Dagainstasilent a quorum being present at a meeting the White Earth 

Reservation Tribal Council held on the 25 day of ,2006 in 

, Minnesota. 
WEIXE EARTH RESERVATION 

GAMING ORDINANCE 

APPROVED SEPTEMBER 25,2006 
SECI'ION 1 . PURPOSE ...................................................................................................................................... 1 

SECTION I1 . DEFINITIONS ............................................................................................................................... 2 

SECTION HI -GAMING AUTHORIZED ............................................................................................................ 5 

SECllON IV . GAMING NOT AUTHORIZED ............................................................................................... 6 

SECTION V - OWNERSHLP OF GAMMG ....................................................................................................... -6 

SECTION M - NON-TRIBALLY OWNED GAMING ........................................................................................... 7 

SJXTION W - USE OF GAMING REVENUE .................................................................................................. 7 

SECI'ION Vm - PER CAPITA PAYMEN'S ........................................................................................................ 7 

SECI'ION M -TRIBAL GMlING COMMISSION ................................................................................................ 8 

SECX'ION X - ErHiCS ....................................................................................................................................... 11 

SECI'ION XI - AUDIT ....................................................................................................................................... 12 

SECIlONXII . MIMMUM AGE ........................................................................................................................ 13 

SECTION XIII -GENERAL GAMING OPERATION J3EQUIREMENTS ................................................... 13 

SECTION XIV - TRIBAL INTERNAL CONTROL STAM)ARlB ................................................................... 13 

-ON XV - FA- LICENSES .............................................................................................................. 14 

SECTION XVI -GAMING PERMITS .............................................................................................................. 15 

SECI'ION XM - LICENSES MIR KEY EMPLOyIEF,ES AND PRIMARY MANAGEMENT OF'FICIAlS .......... 15 

SECTION Xxm - LICENSE APPLICATIO1Y MIRMS ...................................................................................... 15 

SECITON XJX -LICENSE FEES ....................................................................................................................... 16 

SECI'ION XX -FINGERPRINTS ..................................................................................................................... 16 

SECI'ION XXI - BACKGROUND INYESIIGATIONS .......... . ..................................................................... 17 

SECTION XXII - PROCEDURE FOR CONDUClWG A BACKGROUND MVESI'IGATION ON APPLICAMS 

............................................................................................................................................................................ 18 

SECl'ION Xxm - ELIGIBILITY DETERMINATION ..................................................................................... 19 

SElClirON XXrV - PROCEDURS FOR HIRWARDING APPZI(=i(TiONS AND REPORTS MIR BEY 

Fl)IPLOYEES AND PRIMARY MANAGDfENT OFFICIALS TO TEE NATIONAL MDIAB GAWG 

CO~ION ..................................................................................................................................................... 19 

SECi'ION XXV - REPORT TO THE NATIONAL MDIAE GAMING COMMISION ........................................ 19 

SECl'ION XXM - GRAWING A GAMISG LICENSE .................................................................................... -21 

SECl'ION XX W -LICENSE RENEWAL ......................................................................................................... 21 

SECl'ION XXWf - LICENSE SLISP~SIONIREVOCATION ........................................................................... 21 

SECIlON XXM . APPEAL OF DECISION OF THE C01wMlsmON ................................................................ -22 

SECI'ION XXX - LICENSES FOR VEmRS ...................... .. .................................................................... -22 

SECI'ION XXXI - CONTE, W1S OF THE YMDOR LICENSE APPLICATION .................................................. 23 

SECITON XXXII - VENDOR BACKGROUND IWESIGATIONS ..... ...S.. .................................................... 24 

SECIlON XXXIII - YENDOR LICENSE FEE ................................................................................................... 25 

SECI'ION XXXIV - VENDOR BACKGROUZYD INYESITGATION REPORT ................................................... 25 

SECTION XXXV - LI(=ENSES FOR NON-GAMING VEMW)RS ........................................................................ 25 

SECTION XXXVI - INSPE4XION OF PREMISES ............................................................................................ -25 

SECIlON XXXW - ElWIRONMENT AND PUBLIC HEACTH AND SAFEm .............................................. 26 

SECIlON XXXVIII . VIOLATIONS AND ~Y~ONS ..................................................................................... 26 

SECITON XXXM . CIVIL PENALTY PROVISIONS ......................................................................................... 28 

SECIlON XL . EXCLUSION OF INDMDUALS FROM GAMING AClTVFIlES ............................................. 28 

SECITON XLI - PATRON DISPUTE RESOLUTION ......................................................................................... 29 

SECl'ION XLII- SOVEREIGN EVMUWT ..................................................................................................... -29 

SECIlON XLIII - AGENT FQR SERVICE OF PRMES .................................................................................. 29 

SIXXION XLIV -COMPLIANCE WITFI FEDERAL LAW AND TRIBAESTATE COMPACI'....... ................ 30 

SECI'ION XLV - REPEAL ................................................................................................................................. 30 

SECTION XLVI -SAVINGS CLAUSE ................................................................................................................ 30 
WHITE EARTH BAND OF CHIPPEWA INDIANS 

CLASS 11 AND CLASS 111 GAMING ORDINANCE 

SECI'ION 1 - PURPOSE 

The White Earth Band of Chippewa Indians, empowered by the Minnesota Chippewa Tribe's 

Constitution to enact ordinances, hereby enacts this ordinance in order to govern Class I1 and 

Class I11 gaming operations within the boundaries of the White Earth Reservation to: 

Regulate all forms of permissible and authorized gaming within the jurisdiction of the 

White Earth Reservation. 

Safeguard all persons from unscrupulous and illegal operations of any type of gaming. 

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

within the jurisdiction. 

Provide for tribal audit system on all gaming operations. 

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

on the White Earth Reservation subject only to applicable federal law. 

Provide for system of investigations of all persons associated with gaming. 

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

Ordinance that occur within the White Earth Reservation boundaries. 

To allow Tribal government to use the revenues generated for tribal self determination, to 

provide additional Tribal services, employment, and for general economic development 

and individual self-sufficiency; for donations to charitable organizations; and/or to help 

fund operations of local government agencies. 

To harmonize with and adhere to the Indian Gaming Regulatory Act, Public Law 100- 

497,102 Stat. 2467-88 25 U.S.C. FJ 5 2701 et seq. as enacted by the United States Congress 

on October 17,1988. 

To cooperate and agree on a sovereign to sovereign basis with the State of Minnesota and 

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

gaming operation, regulation and/or coordination. 

To establish a commission within the Tribal organization to oversee and regulate gaming 

consistent with this ordinance and within the precepts established by the White Earth 

Reservation Tribal Council. 

Approved: September 25,2006 Page 1 
SmON I1 - DEFINITIONS 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein shall 

have the same meaning as defined in the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 5 

2701 and its regulations, 25 C.F.R. £j 501-599. Specifically: 

a) Class means 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. 

b) Class I1 Gaming means: 

1. bingo or lotto (whether or not electronic, computer, or other technologic aids are 

used) when players: 

i) Play for prizes with cards bearing numbers or other designations; 

ii) Cover numbers or designations when object, similarly numbered or 

designated, are drawn or electronically determined; and 

iii) Win the game by being the first person to cover a designated pattern on 

such cards; 

2. If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, 

instant bingo, and other games similar to bingo; 

3. Nonbanking card games that: 

i) State law explicitly authorizes, or does not explicitly prohibit, and are 

played legally anywhere in the state; and 

ii) Players play in conformity with state laws and regulations concerning 

hours, periods of operation, and limitations on wagers and pot sizes; 

4. Individually owned class I1 gaming operatiom - 

i) That were operating on September 1,1986; 

ii) That meet the requirements of 25 U.S.C. 2710(b)(4)(B); 

iii) Where the nature and scope of the game remains as it was on October 

17,1988; and 

iv) Where the ownership interest or interests are the same as on October 

17,1988. 

c) Class 111 ~aming means all forms of gaming that are not class I gaming or class I1 

gaming, including but not limited to: 

1. Any house banking game, including but not limited to - 

Approved: September 25, 2006 Page 2 
i) Card games such as baccarat, chemin de fer, blackjack (21), and pai 

gow (if played as house banking games); 

ii) Casino games such as roulette, craps, and keno; 

2. Any slot machines as defined in 15 U.S.C. 1171(a)(l) and electronic or 

electromechanical facsimiles of any game of chance; 

3. Any sports betting and pari-mutuel wagering including but not limited to wagering 

on horse racing, dog racing or jai alai; or 

4. Lotteries. 

d) Commission or gamin^ Commission means the Tribal Gaming Commission established to 

perform regulatory oversight and to monitor compliance with Tribal, Federal, and 

applicable State regulations on gaming within the boundaries of the White Earth 

Reservation, itFI authorized officials, agents and representatives 

e) Com~act means a Tribal-State Compact concerning class I11 gaming approved by the 

Secretary of the Interior and published in the Federal Register pursuant to 25 U.S.C. fj 

2710(d). 

f) Comwlimentarv means a service or item provided at no cost, or at a reduced cost, to a 

customer. 

g) Director means a Member of the Tribal Gaming Commission. 

h) Fund Raising Event means a fund raising event sponsored by a bona fide religious, 

charitable or non profit organization at which gaming activities will be conducted under 

the regulation of the White Earth Reservation Tribal Gaming Commission. 

Oweration means any gaming enterprise whether or not operated by the Tribe. 

j) Gross gamin^ Revenue means the total amount of cash wagered on Class I1 and Class I11 

games and admission fees (including table or card fees), less any amounts paid out as 

prizes or paid for prizes awarded. 

k) Indian Lands means: 

1. All lands within the limits of the Tribe's reservation; 

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

of the Tribe or individual or held by the Tribe or individual subject to restriction by 

the United States against alienation and over which the Indian Tribe exercises 

governmental power; and 

Approved: September 25,2006 Page 3 
3. For all lands acquired into trust for the benefit of an Indian tribe after October 17, 

1988, the lands meet the requirements set forth in 25 U.S.C. €j 2719. 

1) Indian Tribe means the White Earth Band of Chippewa Indians. 

m) Key emplovee means: 

1. A person who performs one or more of the following functions: 

9 Bingo caller; 

ii) Counting room supervisor; 

iii) Director of Security; 

iv) Custodian of gaming supplies or cash; 

v) Shift Manager; 

vi) Floor Supervisor 

vii) Pit boss; 

viii) Dealer; 

ix) Custodian of gambling devices including persons with access to cash 

and accounting records within such devices; 

x) Primary management official; 

xi) Operator or manager of video games; 

2. If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year; or, 

3. If not otherwise included, the four most highly compensated persons in the gaming 

operation; 

4. If not otherwise included, licensees shall at their discretion, designate certain other 

positions as key positions within that particular establishment. 

n) Maneement contract means any contract, subcontract, or collateral agreement between 

an Indian tribe and a contractor or between a contractor and a subcontractor if such 

wntract or agreement provides for the management of all or part of a gaming operation. 

o) Net revenues means gross gaming revenues of a gaming operation less amounts paid out 

as, or paid for, prizes; and total gaming-related operating expenses, excluding 

management fees. 

p) NIGC means the National Indian Gaming Commission. 

q) Non-Tribally Owned Gaming Enterprise means a licensed gaming operation not owned 

by the Tribe . 

Approved: September 25,2006 Page 4 
r) Per ca~ita Davment means the distribution of money or other thing of value to all 

members of the Tribe, or to identified groups of members, which is paid directly from the 

net revenues of any tribal gaming activity. 

s) Permit means an acknowledgement from the Tribal Gaming Commission that a one time 

bona fide fundraising event has been reported to the Tribe. 

t) Primary mana~ement official means: 

1. The person(s) having management responsibility for a management contract; 

2. Any person who has the authority: 

i ) To hire and fire employees; or 

ii) To set up working policy for the gaming operation; or 

3. The chief financial officer or other person who has financial management 

responsibility. 

u) State means the State of Minnesota, its authorized officials, agents and representatives. 

v) Tribe means the White Earth Band of Ojibwa Indians, (a/k/a White Earth Reservation 

Tribal Council), its authorized officials, agenb and representatives. 

SECI'ION 111 - GAMING AUTHORIZED 

Class I1 and Class 111 gaming are hereby authorized, including Non-Tribally owned 

Class I1 and Class I11 gaming. . 

No person, entity, corporation, organization or government, except the White Earth 

Band of Chippewa Indians, shall authorize any form of Class I1 or Class 111 gaming 

within the exterior boundaries of the White Earth Resewation. Such gaming shall be 

consistent with: 

1. the Indian Gaming Regulatory Act; 

2. a Tribal-State Compact; andlor 

3. a license issued by the White Earth Reservation Gaming Commission. 

The White Earth Band of Chippewa Indians shall enact rules and regulations 

regarding the licensing of Class I1 and Class I11 games which shall be consistent with 

the provisions of the Indian Gaming Regulatory Act and the laws of the White Earth 

Reservation. 

Approved: September 25, 2006 Page 5 
d) Any person, entity, corporation, organization or government that conducts Class I1 or 

Class I11 gaming within the boundaries of the White Earth Reservation without a 

license issued by the White Earth Reservation Gaming Commission, or that purports 

to authorize such gaming in violation of the laws or regulations of the White Earth 

Band of Chippewa Indians commits a civil infraction, in addition to any further 

applicable criminal penalties. 

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

committed a civil infraction by failing to comply with the laws of the White Earth 

Band of Chippewa Indians shall be subject to a civil fine in addition to other legal and 

equitable remedies available in civil cases. 

f) The White Earth Reservation Tribal Council hereby reserves the right to license other 

and further gaming activities if and when such other and further gaming satisfies the 

requirements of the Indian Gaming Regulatory Act, 25 U.S.C. fj€j2701et seq. 

SECTION IV - GAMING NOT AUTHORIZED 

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

activities commonly known as bookmaking, betting, card parlors, bunco or confidence 

games, pyramid clubs or schemes, chain letters and three card monte, are unlawful and 

prohibited. 

SJ3CTION V - OWRERSHIP OF GAMING 

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

of any gaming operation authorized by this ordinance, unless non-Tribally owned 

gaming is approved and licensed under this ordinance. 

b) In order to be licensed by the White Earth Tribal Gaming Commission, individual 

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

1. Pay to the White Earth Reservation not less than 60 percent of the non-Tribally 

owned gaming operation's net gaming revenues, to be used only for the purposes set 

forth in this Ordinance at Section VII. 

2. Comply with eligibility standards of a State license for the same activity, so that if 

the individual is ineligible to receive a State license to conduct the same activity 

within that jurisdiction, a Tribal license shall be denied. 

1( 3. Pay NIGC annual fees. 

Approved: September 25,2006 
c) The Tribe shall have the sole regulatory responsibility for the conduct of all gaming 

within the exterior boundaries of the White Earth Reservation. 

SECFION VI - NON-TRIBALLY OWED GAMING ENTERPRISES (NTOGE) 

The White Earth Reservation Gaming Commission shall license and regulate all Class 

I1 and Class 111 gaming within the exterior boundaries of the White Earth 

Reservation, pursuant to this Ordinance, including those Class I1 and Class 111 

gaming operations that are not Tribally owned. 

Non-Tribal persons or entities, shall not be eligble to receive a tribal license to own a 

class I I gaming activity conducted on the White Earth Reservation if such person or 

entities would not be eligible to receive a gaming license from the State of Minnesota 

to conduct the same activity within the jurisdiction of the State. 

Any person or entity other than the Tribe that is permitted by the Tribe to operate 

Class I11 gaming on the White Earth Reservation must be fully compliant with the 

terms of the applicable TribaYState Compact. 

SECnON VII - USE OF GAWNG REVENUE 

Net revenues from tribally regulated gaming shall be used only for the following purposes: 

a) to fund tribal government operation and programs; 

b) to provide for the general welfare of the Tribe and its members; 

c) to promote tribal economic development; 

d) to donate to charitable organizations; or 

e) to help fund operations of local government agencies. 

SECTION VIII - PER CAPITA PAYMENTS 

If the Tribe elects to make per capita payments to tribal members from revenues derived 

from its gaming operations, it shall ensure that the following requirements of 25 C.F.R. Part 

290 are met: 

Approved: September 25,2006 Page 7 
The Tribe shall authorize and issue such payments only in accordance with a revenue 

allocation plan submitted to and approved by the Secretary of the Interior under 25 

U.S.C. 5 2710(b)(3)(B). 

The Tribe shall ensure that the interests of minors and other legally incompetent persons 

who are entitled to receive any per capita payments under a Tribal per capita payment 

plan are protected and preserved, and that the per capital payments are disbursed to the 

parents or legal guardian of such minors or legal incompetents in such amounts as may be 

necessary for the health, education, or welfare of the minor or other legally incompetent 

person, under a plan approved by the White Earth Band of Chippewa Indians and the 

Secretary of the Interior. The Tribe must also establish criteria and a process for 

withdrawal of funds by the parent or legal guardian. 

The White Earth Band of Chippewa Indians shall designate or create a Tribal court 

system, forum, or administrative process for resolution of disputes concerning the 

allocation of net gaming revenues and the distribution of per capita payments and will 

explain how it will correct deficiencies. 

The White Earth Band of Chippewa Indians shall ensure that the Tribal revenue 

allocation plan reserves an adequate portion of net gaming revenues from the tribal 

gaming activity to do one or more of the following purposes: fund Tribal government 

operations or programs; provide for the general welfare of the Tribe or its members; 

promote tribal economic development; donate to charitable organizations; or to help fund 

operations of local government. 

The White Earth Band of Chippewa Indians shall ensure that distributions of per capita 

payments are made according to specific eligibility requirements. 

The White Earth Band of Chippewa Indians shall ensure that Tribal members are 

notified of the tax liability for per capita payments and how taxes will be withheld. 

SEcrrON IX - TRIBAL GAMING COMMISSION 

a) The Tribe hereby establishes a Tribal Gaming Commission whose duty it is to regulate 

gaming operations. The Tribal Gaming Commission shall consist of 5 members. 

b) The purpose of the Tribal Gaming Commission is regulatory for non-Tribally owned 

gaming operation(§). Regulation of gaming operations shall be the sole responsibility of 

the Tribal Gaming Commission. 

c) The purpose of the Tribal Gaming Commission is regulatory and managerial oversight for 

a Tribally-Owned facility. In the event that the Tribe enters into a management 

contract approved by the NIGC, the Commission may delegate some or all duties to the 

Approved: September 25, 2006 Page 8 
approved management contractor. The Gaming Commission shall oversee all aspects of 

the gaming operation(s). 

d) The Commission will conduct oversight to ensure compliance with Tribal, Federal, and, if 

applicable, State laws and regulations. The Commission will serve as the licensing 

authority for individuals employed in gaming operations and will administer background 

investigations as part of the licensing process. The Commission will also have a role in 

monitoring compliance with the internal controls for the gaming operating and in 

tracking revenues. In order to carry out is regulatory duties, the Commission shall have 

unrestricted access to all areas of the gaming operation(s) and to all records. The 

Commission shall have authority to take enforcement actions, including suspension or 

revocation of a gaming license when appropriate. 

e) The Gaming Commission shall oversee the following at all gaming operations on the 

mite Earth Reservation: 

1. Conduct or cause background investigations to be conducted on, at a minimum, 

primary management officials and key employees; 

2. Review and approve all investigative work conducted; 

3. Report results of background investigations to the NIGC; 

4. Obtain and process fingerprints, or designate an agency to obtain and process 

fingerprints; 

5. Make licensing suitability determinations, which shall be signed by the Senior 

Director of the Gaming Commission. 

6. Issue gaming licenses to management officials and employees of the operation, 

consistent with the suitability determination; 

7. Establish standards for licensing gaming operations; 

8. Issue facility gaming licenses to gaming operations; 

9. Set wager limits; 

10. Insure that facilities where gaming occurs are properly constructed and 

maintained and that the operation of the game is conducted in a manner which 

adequately protects the environment and the public health and safety. 

Approved: September 25, 2006 Page 9 
11. Inspect, examine and monitor all gaming activities, and have immediate access to 

review, inspect, examine, photocopy, and audit all records of the gaming 

establishment; 

12. Investigate any suspicion of wrongdoing associated with any gaming activities; 

13. Comply with any and all reporting requirements under the IGRA, Tribal-State 

compact to which the Tribe is a party, and any other applicable law; 

14. Promulgate and issue regulations necessary to comply with applicable internal 

control standards; 

15. Promulgate and issue regulations on the levying of fees and/or taxes associated 

with gaming license applications; 

16. Promulgate and issue regulations on the levying of fines andfor suspension or 

revocation of gaming licenses for violations of the gaming ordinance, or any other 

Tribal, Federal, or State, if applicable, gaming regulations; 

17. Provide referrab and infmation to the appropriate law enforcement officials 

when such information indicates a violation of Tribal, Federal, or State statute, 

ordinance, or resolution; 

18. Create a list of regulatory authorities that conduct vendor background 

investigations and licensing which the Commission recognizes as trustworthy; 

19. Draft regulations exempting vendors from the licensing and/or background 

investigation requirements if they have received a license from a recognized 

regulatory authority; 

20. Perform such other duties the Commission deems appropriate for the proper 

regulation of the gaming operation; 

21. Promulgate such regulations and guidelines as it deems appropriate to implement 

the provisions of this Ordinance. 

f) In addition to the duties in (e) above, the Gaming Commission shall oversee (at a 

minimum) the following at a Tribally Owned gaming operation: 

1. Monitor and oversee the operations of the gaming facility, whether managed by a 

tribal employee or by an approved management contractor; 

2. Set hours of operation for the gaming facility; 

Approved: September 25,2006 Page 

10 
3. Establish employee policies and rates of pay; 

4. Adopt an annual operating budget; 

5. Any other duties necessary to monitor and oversee the gaming operation. 

g) The Gaming Commission shall ensure that all records and information obtained as a 

result of an employee background investigation shall remain confidential and shall not be 

disclosed to persons who are not directly involved in the licensing and employment 

processes. Information obtained during the course of an employee background 

investigation shall be disclosed to members of management, human resource personnel or 

others employed by the gaming operation on a need-to-know basis for actions taken in 

their official capacities. 

This section does not apply to requests, for such information or records from any Tribal, 

Federal, or State law enforcement or regulatory agency, or for the use of such 

information or records by the Commission and staff in the performance of their official 

duties. 

h) The terms of Office for Tribal Gaming Directors shall be for a period of time as identified 

by the White Earth Reservation Tribal Council. 

i) A majority of the Commission shall constitute a quorum. The concurrence of a majority 

of the members appointed to the Commission shall be required for any final 

determination by the Commission. The Commission may act in its official capacity even 

if there are vacancies on the Commission. 

j) Tribal Gaming Directors shall be compensated at a level determined by the White Earth 

Reservation Tribal Council. Director compensation shaH not be based on a percentage of 

gaming revenue to ensure the Commission is not improperly influenced. 

) The Commission shall keep a written record of all of its meetings. 

SEcrIOIY X - mHIa 

The White Earth Band recognizes that the duties of the Gaming Commission include making 

important decisions on highly sensitive issues. As such, the Tribe has determined that the 

Gaming Commission shall be held to high ethical standards. The Directors shall agree to be 

bound by the following principles: 

a) Directors shall not hold financial interests that conflict with the conscientious 

performance of their duties as managers and/or regulators. 

Approved: September 25,2006 Page 

11 
Directors shall not engage in financial transactions using nonpublic information or 

allow the improper use of such information by others on their behalf to further any 

private interest. 

Directors shall not solicit or accept any gift or other item of monetary value, including 

complimentary items or services, from any person or entity seeking official action or 

inaction from, doing business with, or conducting activities regulated by the member's 

organization, or whose interests may be substantially affected by the performance or 

nonperformance of the Members' duties. 

Individual Directors shall make no unauthorized commitments or promises of any kind 

purporting to bind the Tribe. 

Directors shall not use their positions for private gain. 

Directors shall act impartiatly, in accordance with all relevant Tribal, Federal, and 

State laws (where applicable), and shall not give preferential treatment to any private 

organization or individual, inchding to any persons related to Members. 

Directors shall ensure that Tribal property and gaming assets shall be properly 

segregated and safeguarded, and that such property and assets shall not be used for 

unauthorized activities. 

Directors shall not engage in outside employment or activities, including seeking or 

negotiating for future employment, which conflict with their official duties and 

responsibilities. 

Directors shall disclose waste, fraud, abuse, andlor corruption to appropriate 

authorities. 

Directors shall endeavor to avoid any actions creating the appearance that they are 

violating the law or the ethical standards listed herein. 

Directors shall disclose any real or apparent financial or personal conflicts. If there is a 

real conflict or the appearance of one, the Director shall not take part in any decision 

related to the conflict. 

SECTION XI - AUDIT 

a) The Tribal Gaming Commission shall cause an annual outside independent audit of 

Tribally Owned gaming operations to be conducted, and shall submit the resulting 

audit reports to the National Indian Gaming Commission. 

Approved: September 25,2006 Page 

12 
b) All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal 

and accounting services, shall be specifically included within the scope of the audit 

that is described in subsection (a) above. 

SEXTION XI1 - MINIMGM AGE 

a) Under no circumstances will anyone under the age of 18 years be eligible for a gaming 

1' icense. 

b) No person below the age of 18 on the date of gaming shall be permitted to play any 

Class I1 or Class I11 game. If any person below the age of 18 plays and otherwise 

qualifies to win any games which requires notice and payout by the operator of the 

facility, the prize shall not be paid, and the estimated amount wagered during the 

course of the game shall be returned to the minor. 

SEXXIOR XIII - GENERAL GAMING OPERATIOM RWUIREMENTS 

a) Each gaming employee or operator including owners of a Non-Tribally Owned 

Gaming enterprise, prior to beginning work or conducting Class I1 or Class 111 

gaming, shall be required to be licensed, at least on a temporary or conditional basis 

as provided in this Ordinance, as referenced in Section XVII . 

b) Operators or employees in charge of Class I1 or Class I11 gaming shall provide 

required reports, audits, contracts for service or supplies as requested by the Tribal 

Gaming Commission. 

c) Any operator or employee of any Class I1 or Class 111 gaming shall deposit the 

proceeds of the gaming operation according to applicable rules and regulations 

adopted by the Tribal Gaming Commission. 

d) Any operator or employee may request the assistance of the White Earth Reservation 

Gaming Commission in obtaining training or instruction for the benefit of the Class I1 

or Class I11 gaming operation, or in ascertaining the intent of this Ordinance. 

SECTION XIV - TRIBAL INTERNAL CONTROL STANDARDS 

a) The Tribe gives responsibility to the 'i'ribal Gaming Commission to conform with 25 

C.F.R. 5 542 to adopt and implement Tribal Internal Control Standards (TICS) for 

Approved: September 25,2006 Page 

13 
the operation of Tribally Owned and Non-Tribally Owned gaming operations in 

accordance with applicable law. 

b) Each Gaming Operation shall have particular TICS according to the following: 

1. Small Gaming Operations with annual gross gaming revenues below $1,000,000 are 

exempt from this requirement, but must follow any applicable policies and procedures 

adopted by the Tribal Gaming Commission pursuant to 25 C.F.R €j 542.6(a). 

2. Charitable Gaming Operations are exempt from this requirement provided: 

i. all net gaming revenues are for the benefit of a charitable organization 

ii. the operation is operated wholly by the charitable organization's employees 

or volunteers are exempt from TICS as follows: 

the annual gross gaming revenues are below $100,000 must follow 

applicable policies and procedures. Charitable Gaming Operations with 

more than $100,000 annual gross gaming revenues but less than 

$1,000,000 must follow any applicable policies and procedures adopted 

by the Tribal Gaming Commission pursuant to the 25 C.F.R 5 542.6 (a), 

Small Gaming Operation poticies and procedures shall apply. 

3. Tier A Gaming Operations with more than $1,000,000 annual gross gaming 

revenues, but less than $5,000,000 are subject to 25 C.F.R. 5 S2.1 to 542.18 and 

542.20 to 542.23. 

4. -Tier B Gaming Operations with more than $5,000,000 annual gross gaming 

revenues, but less than $615,000,00CT are suhject to 25 C.F.R. fj 542.1 to 542.18 and 

542.30 to 542.33. 

5. Tier C Gaming Operations with more than $15,000,000 annual gross gaming 

revenues are subject to 25 C.F.R. fj 542.1 to a2.18 and 542.40 to 542.43. 

c) The TICS shall be set out in separate regulations to be reviewed and approved by the 

Tribal Gaming Commission. 

SECTION XV - FACILITY LICENSES 

a) The Tribal Gaming Commission shall issue a separate license to each place, facility, or 

location where Class I1 and/or Class 111 gaming is conducted under this ordinance. 

The valid period of the Ifcense shall not exceed a time period of one-year. 

Approved: September 25,2006 Page 

14 
c) The Tribe hereby authorizes the Licensing Director to issue a temporary facility 

license not to exceed 30-days. The Licensing Director may renew temporary licenses 

for 30-day periods. 

SECTION XVI - GAMING PERMITS 

Class I1 Gaming may be authorized by the Gaming Commission for charitable Fund Raising 

Events provided that a permit is obtained prior to the event. Gross gaming revenues for a 

single permitted fundraiser must not exceed $100,000. 

SECllON XMI - LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

OFFICIALS 

a) The Tribe shall ensure that the policies and procedures set out in this section are 

implemented with respect to key employees and primary management officials 

employed at any gaming enterprise operated within the boundaries of the White 

Earth Reservation. The Tribe will issue licenses and perform background 

investigations according to requirements at least as stringent as 25 C.F.R. Parts 556 

and 558. 

b) Notwithstanding anything herein to the contrary, if the Applicant has completed a 

License Application, the Gaming Commission may immediately issue a temporary 

license if: 

1. The Gaming Commission has conducted a preliminary, local, background 

investigation; and 

2. Based on the preliminary investigation, the information does not indicate that the 

Applicant has a criminal history. 

3. A temporary license shall not exceed 90 days. 

SJ3CI'ION XVIII - LICElYSE APPLICATION FORMS 

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

primary management official: 

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 

Approved: September 25,2006 Page 

15 
to be employed in a gaming operation. The information will be used by the Tribe and 

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 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 necessary pursuant to a requirement by a Tribe or the National 

Indian Gaming Commission in connection with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or investigation of activities while 

associated with a Tribe or a gaming operation. Failure to consent to the disclosures 

indicated in this notice will result in a Tribe being unable to hire you in a primary 

management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, failure 

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

a) The following additional notice shall be placed on the application form for a key 

employee or a primary official: 

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

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

imprisonment. 

b) The Tribal Gaming Commission shall notify in writing existing key employees and 

primary management officials who have not completed an application containing the 

notices set forth above that they shall either: 

1. Complete a new application farm that contains both the Privacy Act and false 

statement notices; or 

2. Sign a statement that contains the Priv-acy- Act and false statement notices and 

consent to the routine uses described in that notice. 

SlXXTQN XIX - LICXNSE FEES 

The Tribe authorizes the Tribal Gaming Commission, to charge a license fee in order to cover 

its expenses in investigating and Iicensing Key Employees and Primary Management 

Officials of the gaming operation. 

SECLION XX - FINGERPRINTS 

Each applicant for a Key Employee or Primary Management Official shall be required to 

have fingerprints taken as part of the license application procedure. Fingerprints shall be 

Approved September 25,2006 Page 

16 
taken by 

forwarded 

history, if 

the White Earth Reservation Licensing Department. Fingerprints will then be 

to the NIGC for processing through the FBI to determine the applicant's criminal 

any. 

SECTlON XXI - BACKGROUND INVESTIGATIONS 

a) The Tribal Gaming Commission is responsible for conducting background 

investigations and suitability determinations. 

b) The Tribal Gaming Commission shall request from each primary management official 

and from each key employee all of the following information: 

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

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

2. Currently and for the previous 5 years: business and employment positions held, 

ownership interests in those businesses, business and residence addresses, and driver's 

license number(s). 

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

one personal reference who was acquainted with the applicant during each period of 

residence listed under paragraph (b) (2) of this section; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business relationships with Indian 

Tribes, including ownership interests in those businesses; 

6. A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those'businesses; 

7. The name and addresses of any licensing or replatory agency with which the 

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

not such license or permit was granted; 

8. For each felony for which there was an ongoing prosecution or a conviction, within 

10 years of the date of the application, the charge, the name and address of the court 

involved and the date and disposition; 

9. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding 

minor traffic violations), within 10 years of the date of the application, the name and 

address of the court involved and the date and disposition; 

Approved: September 25,2006 
10. For each criminal charge (excluding minor traffic charges), whether or not there is 

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

and is not otherwise listed pursuant to paragraph (b) (8) or (b) (9) of this section, the 

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

disposition. 

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

person has filed an application for an occupational license or permit, whether or not 

such license or permit was granted; 

12. A photograph taken within the last year; and 

13. Any other information the Tribe deems relevant. 

SECTION XXII - PROCEDURE FOR CONDUCFIISG A BACKGROUND INVESTIGATION ON 

APPLICANTS 

As a part of its review procedure, the Commission or its agent shaU conduct a background 

investigation on each applicant sufficient to allow the Gaming Commission to make an 

eligibility determination. The investigation shall: 

a) Verify the applicant's identity through items such as a social security card, driver's 

license, birth certificate, or passport; 

b) Contact each personal and business reference provided in the License Application, when 

possible; 

c) Obtain a personal credit check; 

d) Conduct a civil history check; 

e) Conduct a criminal history check via the submission of the applicant's fingerprints to the 

NIGC, and further obtain information from the appropriate court regarding past felony 

and/or misdemeanor convictions and criminal charges within the last ten pears; 

f) Inquire into any previous or existing business relationships with the gaming industry and 

Indian Tribes by contacting the entities or Tribes; 

g) Verify the applicant's history and status with any hensing agency by contacting the 

agency; and 

h) Take other appropriate steps to verify the accuracy of the information, focusing on 

problem areas noted. 

Approved: September 25, 2006 Page 

18 
SECTION XXIII - ELIGIBILITY DETER3lIKATIOX 

The Tribal Gaming Commission shall review a person's prior activities, criminal 

record, if any, reputation, habits, associations and any other findings from the 

background investigation to make a finding concerning the eligibility of a key 

employee or primary management official for employment in a gaming operation. 

If the Tribal Gaming Commission determines that employment of the person poses a 

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

enhances dangers of unsuitable, unfair; or illegal practices and methods and/or 

activities in the conduct of gaming, the gaming operation shall not employ that 

person in a key employee or primary management official position. 

The Gaming Commission shall not license any key employee or primary management 

official to work with Class 11 or Class I11 Gaming who has been: 

1. Convicted of a felony within five years of starting employment with the Gaming 

Operation; or 

2. Convicted of a felony or gross misdemeanor involving fraud, misrepresentation or 

gambling; or 

3. Ever convicted of a felony involving gambling. 

SM;TfION XUV - PROCEDGRES FOR FWRWARDING APPLICATIONS AND REPORTS 

FOR KEX EMPU)YEXS AKD PRIIIARY MANAGEME3T OFFICIALS TO THE NATIONAL 

INDIAN GAMING CO-ON 

a) When a key employee or primary management official is employed to work at a 

gaming operation authorized by this ordinance, the Tribal Gaming Commission shall 

forward to the National Indian Gaming Commission the summary and results of 

eligibility from the background investigation, as well as a completed application for 

employment, if required. 

b) The gaming operation shall not employ as a key employee or primary management 

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

SECTION XXV - REPORT TO THE NATIONAL INDIAN GAMING CO~i][SSION 

a) The Tribal Gaming Commission shall prepare and forward a report on each 

background investigation to the National Indian Gaming Commission. An 

investigation report shall include all of the following: 

Approved September 25,2006 Page 

19 
1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 

The Gaming Commission shall forward the completed investigative report to the 

National Indian Gaming Commission within 60 days after an employee begins work or 

within 60 days of the approval of this Ordinance by the Chairman of the National 

Indian Gaming Commission. 

The TribaI Gaming Commission shall submit, with the investigative report, a copy of 

the eligibility determination, unless the NIGC shall have advised the Tribe that the 

submission of the eligibility determination is not necessary. This determination shall 

include: 

1. A statement describing how the information submitted by the applicant was 

verified; 

2. A statement of results following an inquiry into the applicant" prior activities, 

criminal record, if any, and reputation, habits and associations; 

3. A statement showing the results of interviews of a sufficient number of 

knowledgeable people (such as former employers, personal references, and others 

referred to by the applicant) in order to provide a basis for the Gaming Commission to 

make a finding concerning the eligibility for licensing required for employment in a 

gaming operation; 

4. Any other findings from the background investigation; and 

5. A statement documenting the disposition of a11 potential problem areas noted and 

disqualifying information obtained. 

If a license is not issued to an applicant, the Tribal Gaming Commission: 

1. Shall notify the NIGC; and 

2. Shall forward copies of its eiigibility determination and investigative report (if 

any) to the NIGC for inclusion in the Indian Gaming Individuals Records System. 

With respect to all employees and in particular key employees and primary 

management officials, the Gaming Commission shall retain applications for 

Approved: September 25,2006 Page 

20 
employment and reports (if any) of background investigations for inspection by the 

Chairman of the NIGC or hisher designee for no less than three (3) years from the 

date of termination of employment. 

SECTION XXVI - GRANTING A GAMIit'G LICENSE 

a) If, within a thirty (30) day period after the NIGC receives a report, the NIGC notifies 

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

application filed by a key employee or a primary management official for whom the 

Tribe has provided an application and investigative report to the NIGC, the Tribal 

Gaming Commission, acting for the Tribe, may issue a license to such applicant. 

b) The Tribal Gaming Commission shall respond to a request for additional information 

from the Chairman of the National Indian Gaming Commission concerning a key 

employee or a primary management official who is the subject of a report. Such a 

request shall suspend the 30-day period under paragraph (a) in this section until the 

Chairman of the National Indian Gaming Commission receives the additional 

information. 

c) If, within the thirty (30) day period described above, the NIGC provides the Tribe 

with a Statement itemizing objections to the issuance of a license to a key employee or 

to a primary management official for whom the Gaming Commission has provided an 

application and investigative report to the National Indian Gaming Commission, the 

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

the NIGC. 

d) TheTribe shall make the final decision whether to issue a license to any applicant. 

SECTION XXVII - LICENSE RENEWAL 

a) All gaming licenses issued wiI1 expire annually commencing with the date of 

employment. Licensees must contact the Licensing Department for renewal at least 

30-days before expiration. 

b) As a part of the renewal, background investigations will be conducted for 

conformance of this Ordinance. 

a) If, after the issuance of a gaming license, the Tribal Gaming Commission receives 

reliable information indicating that a key employee or primary management official is 

not eligible for employment, the Tribal Gaming Commission shall suspend such license 

Approved September 25,2006 Page 

2 1 
and shall notify in writing the licensee of the suspension, proposed revocation, and the 

right to request a hearing. 

b) The Tribal Gaming Commission shall notify the licensee of a time and a place for a 

hearing on the proposed revocation of a license. 

c) After a revocation hearing, the Tribal Gaming Commission shall decide to revoke or to 

reinstate a gaming license. The Tribal Gaming Commission shall notify the NIGC of 

its decision. 

SECTION XXIX - APPEAL OF DECISION OF THE COBfMISSXOR 

If the Wkite Earth Gaming Commission denies a person a license, or if the 

Commission revokes a license which was previously granted, the Commission shall do 

so in writing, outlining the reason@) for such decision, and deliver such notice to the 

person via certified mail, return receipt requested. 

If a person has been aggrieved by a licensing decision of the White Earth Gaming 

Commission, they may appeal the decision to the White Earth Reservation Tribal 

Court within 15 calendar days of the date the notice was received by the US. Postal 

Service or other carrier as evidenced by a dated receipt for same. 

The appeal shall be only on the record, and shall not be heard de novo. 

If Tribal Court concludes that the order of the Commission was issued arbitrarily and 

capriciously, dearly erroneousIy, or in violation of the Constitution of the Minnesota 

Chippewa Tribe or the constitutional rights of Indians (25 U.S.C. f$j 1301-1303), made 

upon unlawful procedure or some other clear error of law, the Court shalf vacate the 

same and remand the issuance or re-issuance of a license. 

If the Tribal Court concludes that none of the reasons for reversing the decision of the 

Gaming Commission are present, the denial shall be upheld. 

The Tribal Gaming Commission shall n&fy NIGC of any deeision to revoke a gaming 

license. 

SECTION XXX -LICENSES FOR VENDORS 

a) Vendors of gaming services or supplies must have a vendor license from the Tribal 

Gaming Commission in order to transact business with any gaming operation located 

Approved: September 25,2006 Page 

22 
on the White Earth Reservation. Contracts for professional legal and accounting 

services are excluded from this section. 

b) Gaming Vendors are vendors who provide gaming supplies or services, including cashrelated services. 

c) In order to obtain a gaming vendor license, the business must complete a vendor 

application and submit to background checks of itself and its principals. Principals of 

a business include its officers, directors, management, owners, partners, noninstitutional stockholders that either own 10% or more of the stock or are the 10 

largest stockholders, and the on-site supervisor or manager under the agreement with 

the Tribe, if applicable. 

a) Applications for gaming vendor licenses must indude the following. 

1. Name of business, business address, business phone, federal tax ID number (or 

Social Security Number if a sole proprietorship), main office address if different from 

the business address, and any other names the applicant has done business under; 

2. The type of service the applicant will provide; 

3. Whether the applicant is a partnership, corporation, limited liability company, 

sole proprietorship, or other entity; 

4. If the applicant is a corporation, the state of inwrporation, and the qualification 

to do business in the State of Ninnesots if the gaming operation is in a different state 

than the state of incorporation. 

5. Trade name, other names ever used, names of any wholly owned subsidiaries or 

other businesses owned by the vendor or its principals; 

6. General description of the business and its activities; 

7. A description of any existing and previous business relationships with the gaming 

industry generally including ownership interests in those businesses; 

8. A list of Indian Tribes with which the vendor has an existing or previous business 

relationship, including ownership, finamid, or managemem% interests in ncm-gaming 

activities: 

9. Name, addresses, and phone numbers of three business references with whom the 

company had regularly done basincss for the last h (5) years; 

Approved: September 25.2006 Page 

23 
10. The name and address of any licensing or regulatory agency with which the 

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

not such license or permit was granted; 

11. If the business has ever had a license revoked for any reason, the circumstances 

involved; 

12. A list of lawsuits to which the business has been a defendant, including the name 

and address of the court involved, and the date and disposition, if any; 

13. List the business' funding sources and any liabilities of $50,000 or more; 

14. A list of the principals of the business, their social security numbers, addresses 

and telephone numbers, title, and percentage of ownership in the company; and 

15. Any further information the Tribe deems relevant. 

b) The following notice shall be placed on the application form for a vendor and its 

principals: 

Inclusion of false or misleading information in the vendor application may be grounds 

for denial or revocation of the Tribe's vendor license. 

SECT'ION XXXll- VENDOR BACKGROUND INYESTIGATIONS 

a) The Tribal Gaming Commission shall complete an investigation of the gaming ven&or. 

This investigation shall contain, at a minimum, the following steps: 

1. Verification of the business' incorporation status and qualification to do business 

in the State where the gaming operation is located; 

2. Obtain a business credit report, if available, and eonduct a Better Business Bureacz 

check on the vendor; 

3. Conduct a check of the business' credit history; 

4. Contact the references listed in the vendor application; and 

5. Conduct an investigation of the principals of the business, including a criminal 

history check, a credit report, and any other relevant infomation. 

Approved: September 25,2006 Page 

24 
b) A Vendor License from the White Earth Reservation Gaming Commission will require 

that any vendor for Class I11 17ideo Games have a valid license from either the State 

of Minnesota, New Jersey, Xevada or South Dakota. 

c) The Triba'L Gaming Commission may adopt regulations naming specific licensing 

authorities that it recognizes and may authorize exemptions to the vendor licensing 

process for vendors which have received a license from one of the named regulatary 

authorities. 

SECTION XLYXIII - VENDOR LICENSE FEE 

The Tribe may charge a license fee to be set by the Tribal Gaming Commission, to cover its 

expenses in investigating and licensing vendors of gaming operations located on the White 

Earth Reservation. 

a) The Tribal Gaming Commission sh& review a vendor, the princip& af the busimzess, 

their history, credit, associations and any other relevant information deemed 

necessary for eonsidemtio~ of a vendor hem 

b) The Gaming Commission shall complete an investigative report covering each of the 

steps taken in the backgmund investigation of the gaming vendor and its princip* 

c) If the Gaming Commission determinee that the vendor license would pose a threat to 

the publie interest or to the effective mgdetion of gaming, or creates or cnbnccs 

dangm of nnsnitablc, anfair, or illegal practices and methods andfor activities in the 

conduct of gammg, the vendor ticcnse may net be graetcd 

Approved: September 25,2006 Page 

25 
1. If the items or records to be inspected or audited are maintained at the location 

where gaming is conducted, any portion of which is regularly open to the public or 

members and guests, then at any time when the premises are so open; 

2. If the items or records to be inspected or audited are not located upon a premises 

set out is subsection (1) above, then at any time between the hours of 8:00 a.m. and 

9:00 p.m., Monday through Friday. 

b) The White Earth Reservation Gaming Commission shall be provided, at such 

reasonable intervals as the Commission shall determine, with a certified report 

detailing all receipts and disbursements in connection with such gaming activities 

together with such other reasonable information as required in order to determine 

whether such activities comply with this Ordinance end other applicabtc laws, mles 

and/or regulations. 

c) Any agent of the White Earth Resenration Gaming Commission is required to 

prominently display an ide91tification card while performing service on behalf of the 

Commission. 

b) Violation of any provision of this Opdinsncc ar any trf thc &me Cwx&&mts 

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

Approved: September 25,2006 Page 

26 
2. Xay 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 National Indian Gaming 

Commission, may be grounds for filing criminal charges and/or a civil action in a court 

of competent jurisdiction on behalf of the Gaming Commission; and 

4. In the case of a licensee being convicted of a felony, shall be grounds for immediate 

revocation of the License. 

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

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

rcgulations andlor conditions of the Gaming Commission and by the provisions of this 

Ordinance, and the regulations promnlgated hereunder, and a the same may 

informal of the contents of all such regulations, provisions, and conditions, and 

ignorance thereof will not excuse the violations. 

d) Any person in violation sf this Ordinance shaU be subject to sanctions under this 

Ordinance. The following pruvkioxs shall govern the respmse sf the Gaming 

Commission to violations: 

1. Each day of violation may constitute a scparate count or violation of this 

Ordinance. Separate violations shall bc hd as scpaf;~tc aEmm bcfa~ thc CNning 

Commission andfor prosccu-t.cd by a court of appropriate jurisdiction; 

6. %'inning5 found ti, havc bccn ~GOCivcd in violation of this ordinance may be 

confiscated and may, foBuw&g a Irear-inlJ, I= forfeited rerd hemme the pscye~tjj c*f €hc 

Band; 

Page 

27 
7. Civil penalties may be imposed as additional sanctions, in the amounts prescribed 

and in accordance with the hearing procedures set forth in the Ordinance. 

(e) Any of the above actions may be taken at the discretion of the Gaming Commission. 

SECIION XXYIX - QWL PENALTY PROVISIOSS 

It shall be a civil violation of the laws of the White Earth Band of Chippewa 

disobey the provisions of this Ordinance or any reF+ations promulgated by 1 

Indians to 

;he Gaming 

~omrnission,~or any proper order issued under the a&thority of this 0&anm. Any pmon 

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

penalties may be imposed pumaant ta and in cornpfiancc: with thc provisirms of this 

Ordinanm, and any rcgdations promulgated by the Gaming Commission under the authority 

provided in this Ordinance. CiTil penalties may be imposd k rsdclition ta tbc impositim of 

aay othw =tan&iona pmhd .nndrr this Ordinance, including but not limited to suspension 

or revocation crf the Gaming Lime for a @od not to cxecec-3 one year- Civik pmahics may 

be impssd rsp to %he smoun% of $25,4300.00 for each individual violation, exchsive of any 

restitution. 

a) hy qxmtt.c r41d h*1: thr: at&odt;y afpd diwrcliun tu m&dc frsm gaming 

actmiti* QF gami% t&ti~i~, arry indkicfrmf wkrot 

b) An operator may make reasonable inquiries of individnals in the mtme af 

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

occurring; 

c) Am operator who aeludcs any individnal pursuant to this section shall not incur any 

liability, criminal ar civiE, as s rmdt of an aefrrsion nndm this se&on. 

Approved: September 25,2006 Page 

28 
SECTION XLI - PATRON DISPVTE RESOL'ILTION 

The White Earth Reservation Tribal Gaming Commission, as established in this Ordinance, 

is authorized to oversee and regulate all gaming activities authorized by this Ordinance, 

including decision-making authority in regard to any disputes that may arise by the gaming 

public. 

a) Any person having a dispute with a Gaming Operator or Management Company 

licensed by the Tribe may request that the Gaming General Manager resolve the 

dispute within seven (7) days of the occurrence. 

b) If dissatisfied with the results received from the Gaming General Manager or 

Operator, the pmon may quest the White Earth Reservation Compliance Officer 

review the incident. A decision shall bc issued within ~~U&CC)[L (14) business days crf 

receipt of the written request. 

c) A grievant who disagrees with the decision of the Tribal Cbmptislncc Officer, may 

appeal thc decjsiorr to %hc Whitc Earth Tribal Conrt within 14 days of the notification 

from the TEibd Ccxmpliancc MrnTribal Chair 

m~e Earth Reservation Tribal Office 

26246 he RwB 

P.O. Box 418 

White Earth, MN 56591 

Approved: Sptember 25.2006 Page 

29 
SECTIOS XLIV - COMPLIA3CE WTH FEDERAL LAW AND TRIBALSTATE COMPACT 

The Tribe will wmplp with all applicable federal laws, including the Bank Secrecy Act, 31 

U.S.C. 5 3311 as well as the Tribal-State Compact. 

SECl'IOX XLV - REPEAL 

To the extent that they are inconsistent with this ordinance, all prior gaming ordinitnees are 

hereby repealed. 

SECTION XLVI - SAVINGS CLAUSE 

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

any court of competent jurisdiction by final ordcr after all appellate jarisdiction is exhausted, 

sucb jadgment shall no$ invalida~ or rcnder menformable any o&er remaining provisions of 

this ordinance. Until sack final or& is entmcd and rcviw dsnr;td, ahc pcratienecf 

provisions shall bc vatid abscnt an enforceable injunction to the contrary. 

Approved: &ptember 25,2006 Page 

3 0