JUL 3 0 29P 

Via US. Mail and Facsimile 

Kurt V. BlueDog, General Counsel 

Shakopee Mdewakanton Sioux Community 

Southgate Office Plaza, Suite 500 

5001 American Boulevard West 

Minneapolis, MN 55437 

Fax: (952) 893-0650 

RE: Shakopee Mdewakanton Sioux Community Amended 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 Chairwoman to 

review and approve the Community's amended Gaming Ordinance. 

The Shakopee Mdewakanton Sioux Community General Council approved Resolution No. 

05-08-12-001 on May 8,2012. The Shakopee Mdewakanton Sioux Community Business 

Council approved Resolution No. 07-11-12-01 on July 11,2012. 

Thank you for bringing the amendments to our attention. The amendments are approved as 

they are consistent with the requirements of the Indian Gaming Regulatory Act and NIGC 

regulations. 

If you have any questions, please contact Staff Attorney Esther Dittler at (202) 420-9229. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONU HEADQUARTERS 1441 L St. NW, Suite 9100. Washington, DC20W5 Tel: 202.632.7W3 Fax: 202.632.7066 www.~lcc.cov 

REGIONAL OFFICES Portland. OR. Sacramento. CA: Phoenix. AZ: St. Paul. MN:Tulsa, OK 
WHEREAS, 

WHEREAS, 

WHEREAS, 

Shakopee Mdewakanton 

Sioux Community 

2330 SIOUX TRAIL NW PRlOR UKE. MINNESOTA 56372 

TRIBAL OFFICE: B52- - FA%: 062-44688MI 

BUSmTESS COUNCIL RESOLUTION NO. 07-11-1241 

TO PROVIDE NECESSARY TECHNICAL CHANGES 

TO GENERAL COUNCIL RESOLUTION NO. 05-08-12-001 

the Shakopee Mdewakanton Sioux Community (the "Tribe") is a 

sovereign Indian Tribe, federally recognized, organized under the Indian 

Reorgauhtion 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 

Article III of the Tribal Constitution provides that the General Council is 

the governing body of the Tni, and 

Article V, Section 1 of the Tribal Constitution provides that the Business 

Council shall carryout those duties delegated to it by the General Council; 

and 

WHEREAS, the Business Council has the authority to administer the day-to-day affairs 

of the Tribe, including taking those steps necessary to provide for the 

safety, health and welfare of Tribal members and those residing or visiting 

the Reservatim, and 

WHEREAS, the General Council, in Resolution No. 05-08-12-001, provided 

authorization for the sale of liquor by the Shakopee Gaming Enterprise at 

the Community's gaming establishments; and 

WHEREAS, the General Council generally authorizes the Business Council to take all 

steps necessary for approval by the federal government of General Council 

actions when such approval is required by the Community's Constitution 

and such steps are necessary to ensure that modifications to Sections 303, 

304 and 310 of the Community's Gaming Ordinance are in compliance 

with applicable federal law so that the Community's intent to allow for the 

sale of liquor can be accomplished., and 

WHEREAS, such modifications to General Council Resolution No. 05-08-12-001 will 

allow the Gaming Ordinance ta confom with the following National 

lndian Gaming Commission Regulations: 556.2, 556.3, 556.4 and 558.2; 

and 
Business Council Resolution 07-11-12-01 

Page 2 

WHEREAS, such modifications to the General Council Resolution No. 05-08-12-001 

are attached to this Business Council Resolution as Attachment "A"; and 

WHEREAS, Attachment "A" brings General Council Resolution No. 05-08-12-001 into 

compliance with the requisite federal law and regulations. 

NOW THEREFORE BE IT RESOLVED, that the Business Council hereby adopts the 

modifications to General Council Resolution No. 05-08-12-001 fully contained in Attachment 

"A" which is hereby made a part of this Business Council Resolution; and 

BE IT FURTHER RESOLVED, that General Council Resolution No. 05-08-12-001 with the 

modifications shall be submitted to the National Indian Gaming Commission for its review and 

approval. 

CERTIFICATION 

This Resolution No. 07-1 1-12-01 was presented to the Business Council of the Shakopee 

Mdewakanton Sioux Community at a meeting held on July 11,2012, with a quorum being 

present. The vote on this Resolution was 3 for, Lag- and 2 abstentions. 

Stanley R ~r&:~hairman 

'L 

Keith B. Andexso6 ~ecret&$Treasurer 
ATTACHMENT "A" 

SECTION 303. APPLICATION AND INVESTIGATION REPORT FOR PRIMARY 

MANAGEMENT OFFICIALS AND KEY EMPLOYEES 

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

Employees of any Gaming operator 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 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). 

'b) 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. 

(c) Required Information. The Shakopee Mdewakanton Sioux Community Gaming 

Commission shall request from each Primary Management Official and from each 

Key Employee all of the following information: 

(1) The full name, other names used (oral or mitten), social security 

number(s), birth date, place of birth, citizenship, gender, all languages 

(spoken or written); 
Cumntly and for the previous 5 years: business and employment positions 

held, ownership interest in those businesses, business and residence 

addresses, and drivers license numbers; 

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 (c)(2) of this 

section; 

Current business and residence telephone numbers; 

A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses; 

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

the person has filed an application for a License or permit related to 

gaming, whether or not such License or permit was granted; 

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

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

disposition if any; 

For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor trdc violations) within 10 years of the date of the 

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

disposition; 

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 (c)(8) 

or (c)(9) of this section, the criminal charge, the name and address of the 

court involved and the date and disposition; 

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; 

A photograph; 

The fingerprints of the applicant to be captured by the Shakopee 

Mdewakanton Sioux Community Gaming Commission and submitted to 

the Minnesota State Alcohol and Gambling Enforcement Division for 

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

enforcement agencies, including a check of criminal history records 

maintained by the Federal Bureau of Investigations; and 

Any additional information as may be determined by the Community 

Gaming Commission. 
SECTION 304. BACKGROUND INVESTIGATION. 

The Shakopee Mdewakanton Sioux Community Gaming Commission shall perform a 

background investigation for each Primary Management Official and for each Key or Non-Key 

Employee of a gaming operation 

(a) The Shakopee Mdewakanton Sioux Community Gaming Commission shall 

conduct an investigation sufficient to make a determination under this section. 

(b) The Shakopee Mdewakanton Sioux Community Gaming Commission shall 

review a person's prior activities, criminal record, if any, and reputation, habits 

and associations to make a finding concerning the eligibility of a Key employee 

or a Primary Management Official for granting of a gaming license. 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 Shahpee Mdewakanton Sioux 

Community Gaming Commission shall not license that person in a Key Employee 

or Primary Management Official position. 

(c) In conducting a background investigation, the Shakopee Mdewakanton Sioux 

Community Gaming Commission or its licensed agents shall promise to keep 

confidential the identity of each person interviewed in the course of the 

investigation. 

(d) If the National Indian Gaming Commission has received an investigative report 

concerning an individual who another tribe wishes to employ as a Key Employee 

or Primary Management Official and if the second tribe has access to the 

investigative materials held by the first tribe, the second tribe may update the 

investigation and update the investigative report under Section 305 of this 

Ordinance. 

(e) The provisions of this Section shall apply to all members of the Commission, and 

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

@) 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). 
SPECIAL GENERAL COUNCIL MEETING 

OFFICERS 

Stanley R Cmoks 

Chekman 

Keith --- 6. Andenon 

GENERAL COUNCIL RESOLUTION NO. 05-08-12-001 

APPROVING AMENDMENT TO 

SHAKOPEE MDEWAKAN'IQN SIOUX CO~TY 

GAMING ORDMAPYCE, SECTION 402 (c) 

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

federauy 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 III of the Constitution, the General Council of the Shakopee 

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

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

promulgate and enforce ordinances which are intended to safe and promote 

the peace, safety, morals and general weIfhre of the CommuniG by regulating the 

use and disposition of property upon the don; and 

WHEREAS, The General Council enacted the Shakopee Mdewakanton Sioux Gaming 

Ordinance by General Council Resolution 03-31-93-001; and 

WBEREAS, The Shakopee Mdewakanton Sioux Community Gaming O&nance sets forth 

how gaming must be conducted in the Community and sets forth requirements for 

all persons and entities to meet when they are associated with or undertake 

business bansactions with the Tnis Gaming Enteyks; and 

WHEREAS, The Gaming Ordinance of 1993 disaUows the sale or consumption of alcoholic 

beverages within the Tribe's Gaming Enterprises; and 
Shkopee Mdewahton Sioux Community 

Special Meeting - General Council Resolution 05-08-12-001 

Page 2 

WHEWZAS, The General Council has found that allowing for such sales and consumption at 

the Tribe's Gaming Entepks may be allowed under the authority of the 

Shakopee Mdewakanton Sioux Community Liquor Ordinance to Allow for OnSale Liquor Tmsactions; and 

WHEREAS, Such au&oriPltion also requires the Shakopee Mdewakanton Sioux Community 

Gaming Ordinance to allow for such sales and consumption in the Gaming 

Enterprisq and 

WHEREAS, The Thepee Mdewakanton Sioux ckmmmity Liquor Ordinance to Allow for 

On-Sale Liquor Transactions contains all necessary protections and procedures 

for such sales and co~on to be conducted at the Tni's Gaming 

-, and 

WHEREAS, The General Council finds that if it debermines that such sales and consumption 

can be undertaken, it it wilI most effective and efficient to have an authorization 

in place in the Tribe's Gaming Chdha~~w, 

NOW THEREFORE BE IT RESOLVED, that the Shakopee Mdewakanton Sioux Community 

Gaming Onliaance of 1993 shall be amended to change PsTsgt-aph 402 (c) to read as follows: 

No Gaming Enterprise shall allow to be sold or oth& made available any 

beverage containing alcohol including, but not limited to, beer or liquor at the 

Gaming Enteqrise location without the authorization of the Shakopee 

Mde-on Sioux Community as evidenced by a duly adopted Liquor 

Ordinance which Ordinance shall be ce&ied by the Secretary of the Interior and 

published in the Federal Register. 

BE IT FURTHER RESOLVED, that there must be authorization in place for the sale and 

consumption of liquor at Tribal Gaming Enterprises under both the Tribe's Liquor Ordiice 

and under the Tribe's Gaming 0-, and 

BE IT rmRTFfER RESOLVED, that the Business Council is directed to obtain any federal 

approval of this change in the Community's Gaming Ordinance reqniTEd by Tribal or Federal 

law; and 

BE IT FTJRTHER RESOLVED, that the Businas Cod shall have the authority to negotiate 

any necessary technical changes to this amendment that would be required by Federal law; and 
Shakopee Mdewakanton Sioux Communizy 

Special Meeting - General Council Resolution 05-08-12-001 

Page 3 

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

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

2(5~t=+ 

Moved by 

- 

stanley R croelks, &airman Charlie Vig, vice-Chaim& 

Keith B. Anderson, Secretary/Trtxwe~ 
Shakopee Mewakanton Siaa Communi@ 

Special Meeting - General Council Resolution 05-U8-I2-001 

Page 4 

CERTIFICATION 

Sperial General Couneit Meeting of May 8,2012 

There are 253 eligible voters pursuant to the voting Iist certified and posted by the 

Seaetary/r- on May 2,2012. 

To the best of my knowledge and beE& the results reported herein acauately retlect the vote of 

the General Comil at the regular meeting held on May 8,2012. 

Special General Council Meeting 

General Council Resolution No. 05-08-12-001 

Approving Amendment to 

Shakopee Mdewakanton Sioux Community 

Gaming Ordiice, Section 402 (c) 

The Vote on Special General Council Meeting Resolution No. 05-08-12-001 

la7 For (DAbstentions; and 

5 Spoiled &Chair not voting 

i(~d Failed 

Keith B. Anderson, SecretaryRreawm