TUNICA-BILOXI INDL~NS OF LOUISIANA

RESOLUTION ~t 06-94

A RESOLUTION TO ENACT THE TUNINCA-BILOXI GAMING CODES ORDINANCE.

WHEREAS, the Tunica-Biloxi Tribe is a sovereign Indian

Nation, and by Article IX of its Charter of October 26, 1974, has

constituted the Tribal Council to be its governing body; and

WHEREAS, by Article XIII of the Charter, the Tribal Council

is empowered to manage and supervise the economic development of

the Tribe, its members and their families; and

WHEREAS, pursuant to the Indian Gaming Regulatory Act of

1988, the Tribal Council has entered into a contract with Grand

Casinos, Inc., of Minnesota, and has further made a compact with

the State of Louisiana to provide for the economic well-being of

the Tribe by casino gambling; and

WHEREAS, by Section 11 of the Indian Gaming Act, 25 U.S.C.

2710, the Tribal Council is required to adopt a gaming

ordinance, to be approved by the Chairman of the National Indian

Gaming Commission;

IT IS THEREFORE RESOLVED by the Tribal Council that the

Tunica-Biloxi Gaming Code be hereby enacted, in obedience to the

requirement of section 11 of the Indian Gaming Regulatory Act,

and that any and all previous ordinances and resolutions are

hereby repealed. Resolution 15-89 -

July 2, 1989, 1289 March

18, 1989.

IT IS FURTHER RESOLVED that the Chairman of the Tribal

Council be authorized to transmit the Tunica-Biloxi Gaming Code

to the Chairman of the National Indian Gaming Commission for his

approval under section 11 of the Indian Gaming Regulatory Act.

IT IS FURTHER RESOLVED that the Chairman of the Tribal

Council take all necessary steps to ensure that the TunicaBiloxi

Gaming Code is approved by the Chairman of the National Indian

Gaming Commission, and that copies of the Tunica-Biloxi Gaming

Code be transmitted to all other federal and state officials, and

to officers of Grand Casinos, Inc.

IT IS FURTHER RESOLVED that the Chairman, be and hereby is

designated as agent for service of process, and as official

recipient of a written communication reflecting the gaming

activities of the Tribe, and that the agents address is P.O. Box

331, Marksville Louisiana, 71351, and the agents official

domicile is at the Tribal Community center.
CERTIFICATION

I, the undersigned, as Secretary-Treasure of the Tunica-Biloxi

Indians of Louisiana, certify that the Tribal Council of said

Tribe is composed of __________

members, of whom __________

constituting a quorum were present at a COUNCIL meeting

thereof, duly called, noticed, convened, and held this 6TH

day of ~J(Cfl 1994; and that the foregoing Resolution was

duly ~OPT~ by a vote of __________

members in favor,

0 opposed, and o abstaining.

Dated this 6Th day of ~cii , 1994.

ATTEST:

C~~&~L~
TUNICA-BILOXI G~NING CODE

Article 1. Purpose

The Tunica-Biloxi Tribal Council, (hereinafter the Tribe),

empowered by the Tribes Charter of October 26, 1974, to enact

ordinances, resolutions, and other forms of legislation, hereby

enacts this Code in order to set the terms for class III gaming

operations on tribal lands.

Article 2. Authorization

Class III gaming as defined in Section 4(8) of the Indian

Gaming Regulatory Act, P.L. 100-447 25 U.S.C. Section 2703(8) and

by the regulations promulgated by the National Indian Gaming

Commission at 25 C.F.R. Section 502.3 (as published in the

Federal register at 57 Federal Register 1238212393, April 1992)

is hereby authorized.

ARTICLE 3. Ownership

The Tribe shall have the sole propriety interest in and

responsibility for the conduct of any gaming operation authorized

by this Gaming Code.

Article 4. Use of Gaming Revenue

A. Net revenues from class III gaming shall be used only

for the following purposes: to fund tribal government

operations and members; promote tribal economic

development; donate to charitable organizations; or

help fund operations of local government agencies.

B. The Tribe has elected to make Per Capital payments to

Tribal members which plan has been approved under 25

U.S.C. of 2710 (b) (3)

Article 5. Audit

A. The Tribe shall cause to be conducted annually an

independent audit of gaming operations and shall submit

the resulting audit reports to the national Indian

Gaming Commission.

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.

Article 6. Protection of the Environment and Public Health And

Safety
Class III gaming facilities shall be constructed, maintained

and operated in a manner that adequately protects the environment

and the public health and safety.

Article 7. Licenses for Key Employees and Primary Management

Officials

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 class 111 gaming

enterprises operated on Indian lands:

A. Definitions

For purposes of this section, the following definitions

apply:

1. Key employee means

(a) A person who performs one or more of the

following functions:

(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;

(8) Croupier;

(9) Approver of credit; or

(10) Custodian of gambling devices including

persons with access to cash and

accounting records within such devices;

(b) If not otherwise included, any other person

whose total cash compensation is in excess of

$50,000 per year; or

(c) If not otherwise included, the four most

highly compensated persons in the gaming

operation.

B. ~pplication Forms

1. The following notice shall be placed on the application

form for a key employee or a primary management

official before that form is filled out by an

applicant:

In compliance with the Privacy Act of 1974, the

following information is provided: Solicitation of the

information on this form is authorized by 25 U.S.. 2701

et seq, The purpose of the requested information is to

determine the eligibility of individuals to be employed
in a gaming operation. The information will be used by

National Indian gaming Commission members and staff who

have need for the information in the performance of

their official duties. The information may be

disclosed to appropriate Federal, Tribal, State, local,

or foreign law enforcement and regulatory agencies when

relevant to civil, criminal or regulatory

investigations or prosecutions or when pursuant to a

requirement by a tribe or the National Indian Gaming

Commission in connection with the hiring or firing of

an employee, the issuance or revocation of a gaming

license, or investigations of activities while

associated with a tribe or a gaming operation. Failure

to consent to the disclosures indicated in this notice

will result in a tribes being unable to hire you in a

primary management official or key employee position.

The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result

in errors in processing your application.

2. Existing key employees and primary management officials

shall be noted in writing that they shall either:

a. Complete a new application form that contains a

Privacy Act notice; or

b. Sign a statement that contains the Privacy Act

notice and consent to the routine uses described

in that notice.

3. The following notice shall be placed on the application

form for a key employee or a primary official before

that form is filled out by an applicant.

A false statement on any part of your application may

be grounds for not hiring you, or for firing you after

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

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

4. The Tribe shall notify in writing existing key

employees and primary management officials that they

shall either;

a. Complete a new application form that contains a

notice regarding false statements; or

b. Sign a statement that contains the notice

regarding false statements.

C. Background Investigations
1. The Tribe shall request from each primary management

official and from each key employees all of the

following information:

a. Full name, other names used (oral or written),

social security number(s), birth date, place of

birth), citizenship, gender, all languages (spoken

or written);

b. Currently and for the previous 5 years: business

and employment positions held, ownership interests

in those businesses, business and residence

addresses, and drivers license numbers;

c. 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 (1) (b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous

business relationships with Indian tribes,

including ownership interests in those businesses;

f. A description of any existing and previous

business relationships with the gaming industry

generally, including ownership interests in those

businesses;

g. 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;

h. 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;

i. 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;

j. 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 (1) (h) or (1) (i) of
this section, the criminal charge, the name and

address of the court involved and the date and

disposition;

k. 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;

1. A current photograph;

m. any other information the Tribe deems relevant;

and

n. Fingerprints consistent with procedures adopted by

the Tribe according to 25 C.F.R. 522.2(h).

2. The Tribe shall conduct an investigation sufficient to

make a determination under subsection D. below. In

conducting a background investigation, the Tribe or its

agent shall promise to keep confidential the identity

of each person interviewed in the course of the

investigation.

D. Eligibility Determination

The Tribe shall review a persons prior activities,

criminal record, if any, and reputation, habits and

associations to make a finding concerning the

eligibility of a key employee or primary management

official for employment in a gaming operation. If the

Tribe determines that employment of the person poses a

threat to the public interest or to the effective

regulation of gaming, or creates or enhances dangers of

unsuitable, unfair, or illegal practices and methods

and activities in the conduct of gaming, a tribal

gaming operation shall not employ that person in a key

employee or primary management official position.

E. Procedures for Forwarding applications and Reports for

Key Employees and Primary Management Officials to the

National Indian Gaming Commission.

1. When a key employee or primary management official

begins work at a gaming operation authorized by this

ordinance, the Tribe shall forward to the National

Indian Gaming Commission a completed application for

employment and conduct the background investigation and

make the determination referred to in subsection D of

this section.

2. This Tribe shall forward the report referred to in

subsection F of this section 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

Cominiss ion.

3. 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.

F. Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in subsection E of

this section, the Tribe shall prepare and forward to

the National Indian Gaming Commission an investigative

report on each background investigation. An

investigation report shall include all of the

following:

a. Steps taken in conducting a background

investigation;

b. Results obtained;

c. Conclusions reached; and

d. The bases for those conclusions.

2. The Tribe shall submit, with the report, a copy of the

eligibility determination made under subsection D of

this section.

3. If a license is not issued to an applicant, the Tribe:

a. Shall notify the National Indian Gaming

Commission; and

b. May forward copies of its eligibility

determination and investigative report if any to

the National Indian Gaming Commission for

inclusion in the Indian Gaming Individuals Records

System.

4. With respect to key employees and primary management

officials, the Tribe shall retain applications for

employment and reports (if any) of background National

Indian Gaming Commission or his or her designee for no

less than three (3) years from the date of termination

of employment.

G. Granting a Gaming License

1. If, within a thirty (30) day period after the National

Indian Gaming Commission receives a report, the

National Indian Gaming Commission 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 National Indian Gaming Commission, the

Tribe may issue a license to such applicant.

2. The Tribe shall respond to a request for additional

information from the Chairman of the National Indian

Gaming Commission concerning a key employees or a

primary management official who is the subject of a

report. Such a request shall suspend the 30 day period

under paragraph G. 1. of this section until the

Chairman of the National Indian Gaming Commission

receives the additional information.

3. If, within the thirty (30) day period described above,

the National Indian Gaming Commission provides the

Tribe with a statement itemizing objections to the

issuance of a license to a key employee or to a

primary management official for whom the Tribe has

provided an application and investigative report to the

national Indian Gaming Commission. The tribe shall

make the final decision whether to issue a license to

such applicant.

H. License Suspension

1. If, after the issuance of a gaming license, the Tribe

receives from the National Indian Gaming Commission

reliable information indicating that a key employee or

a primary management official is not eligible for

employment under subsection D. above, the Tribe shall

suspend such license and shall notify in writing the

licenses of the suspension and the proposed revocation.

2. The Tribe shall notify the licenses of a time and a

place for a hearing on the proposed revocation of a

license.

3. After a revocation hearing, the Tribe shall decide to

revoke or to reinstate a gaming license. The Tribe

shall notify the National Indian Gaming Commission of

its decision.

Article 8. License Locations

The Tribe shall issue a separate license to each place,

facility, or location on Indian lands where class III gaming is

conducted under this ordinance.