Resolution # 94-084-JJR

RESOLUTION OF THE GOVERNING BODY OF

THE THREE AFFILIATED TRIBES OF THE

FORT BERTHOLD RESERVATION

WHEREAS, This Nation having accepted the Indian Reorganization Act

of June 18, 1934, and the statutory authority under said

Act; and

WHEREAS, The Constitution of the Three Affiliated Tribes generally

authorizes and empowers the Tribal Business Council to en

gage in activities on behalf of and in the interest of the

welfare and benefit of the enrolled members thereof; and

WHEREAS, The Three Affiliated Tribes formally submitted its Tribal

Gaining Ordinance to the National Indian Gaining Commission

(NIGC), for approval pursuant to the Indian Gaining

Regulatory Act, 25 U.S.C. section 2712; and

WHEREAS, The NIGC by letter dated April 12, 1994, notified the

Three Affiliated Tribes of specific areas of non

compliance of the Ordinance with the requirements of 25

C.F.R. part 522; and

WHEREAS, The Three Affiliated Tribes through the Tribal Business

Council have reviewed the draft amendments to the Tribal

Gaming Ordinance and find them to be in the best interests

of the Three Affiliated Tribes.

NOW, THEREFORE, BE IT RESOLVED, That the Tribal Business Council

hereby approves the amendments to the Tribal Gaming Ordinance and

directs that the same be submitted for review and approval by the

National Indian Gaming Commission pursuant to 25 U.S.C. s 2712.

CERTIFICATION

I, the undersigned, as Secretary of the Tribal Business Council of

the Three Affiliated Tribes of the Fort Berthold Reservation, here

by certify that the Tribal Business Council is composed of 7 Mem

bers of whom 5 constitute a quorum, 4. were present at a _______

Meeting thereof duly called, noticed, convened, and held on the ~

day of October 1994; that the foregoing Resolution was duly adopted at such Meeting by the affirmative vote of ~ Members, ...~. Members

opposed, D Members abstained, ~ Members not voting, and that

said Resolution has not been rescinded or amended in any way.

DATED THIS ~ DAY OF NOVEMBER ~

~

S creta~,Triba1Business uncil

ATTEST:

Chairman, Tribal Business Council
GAMING

CHAPTER 27

CODE OF LAWS

OF THE THREE AFFILIATED TRIBES

OF THE FORT BERTHOLD RESERVATION

As amended by Resolution of the Tribal Business Council

Mandan, Hidatsa & Ankara Tribes

October 14, 1994

Resolution No. 94-084-JJR

V3440 028
GAMING

CHAPTER 27

CODE OF LAWS

OF THE THREE AFFILIATED TRIBES

OF THE FORT BERTHOLD RESERVATION

An Ordinance to authorize, license and regulate

gaming on lands of the Three Affiliated Tribes.

SECTION 1. DECLARATION OF POLICY AND DEFINiTIONS

1.1 It is the declared policy of the Three Affiliated Tribes:

1.1.1 That gaming conducted on Indian lands of the Three Affiliated Tribes

shall be regulated by the Council for the protection of the public health,

welfare and morals of all residents, employees and persons who visit the

reservation for gaming purposes from the adverse affects which may flow

from unregulated gaming;

1.1.2 That is the objective of the Tribe (I) to achieve the maximum potential for

Tribal revenue from gaming and (ii) to sustain the highest achievable

levels of tribal revenue from gaming; and

1.1.3 That the conduct of gaming activities provided for by this Ordinance

within lands of the Three Affiliated Tribes and regulation thereof shall be

in conformance with the Indian Gaming Regulatory Act, 102 Stat. 2467,

25 U.S.C. § 2701 et seq. (IGRA)

1.2 As used in this Ordinance, unless the context required otherwise:

1.2.1 Adjusted gross revenues mean gross revenues less cash prizes or the cost

of merchandise prizes;

1.2.2 Cheating means operating or playing in a game in a manner in violation

of the written or commonly understood rules of the game, with the intent

to create for himself/herself or someone in privity with him/her an

advantage over and above the chance of the game;

1.2.3 Class I gaming means that gaming defined in 25 U.S.C. §2703(6), and by

the regulations promulgated by the National Indian Gaming Commission

V3440.028
(NIGC) at 25 CFR §502.2.

1 .2.4 Class II gaming means that gaming defined in 25 U.S.C. § 2703(7), and

by the regulations promulgated by the NIGC at 25 C.F.R. § 502.3;

1.2.5 Class III gaming means that gaming defined in 25 U.S.C. § 2703(8), and

by the regulations promulgated by the NIGC at.25 C.F.R. § 502.4;

1.2.6 Commission means the Tribal Gaming Commission as established pursuant

to Section 2 of this Ordinance.

1.2.7 Council means the Tribal Business Council as described in the Tribal

Constitution;

1.2.8 Gaming means risking any money or other thing of value for gain,

contingent, wholly or partially, upon lot, chance, the operation of gaming

apparatus, or the happening or outcome of an event over which the person

taking the risk has no control;

1.2.9 Gaming establishment means any location or structure, wherein

gaming is licensed, promoted, performed, conducted, operated;

1.2.10 Gross revenues mean all moneys collected or received from a gaming

operation and admissions thereto;

1.2. 11 In privity with means one who acts jointly with another or as an accessory

before the fact to an act committed by the other or as a co-conspirator

with the other;

1.2. 12 Key employee means:

1.2.12.1 A person who performs one or more of the following

functions:

(i) Bingo caller;

(ii) Counting room supervisor;

(iii) Chief of security;

(iv) Custodian of gaming supplies or cash;

(v) Floor manager;

V3440 028 3
(vi) Pit boss;

(vu) Dealer;

(viii) Croupier;

(iv) Approver of credit; or

(x) Custodian of gambling devices including persons

with access to cash and accounting records within

such devices;

1.2. 12.2 If not otherwise included, any other person whose total

cash compensation is in excess of $50,000.00 per year;

1.2.12.3 If not otherwise included, the four most highly

compensated persons in the gaming operation; or

1.2.12.4 Any other person for whom the Commission deems a

license is necessary.

1.2.13 Net revenues means gross gaming revenues of any gaming operation less:

1.2. 13.1 Amounts paid out as, or paid for, prizes; and

1.2. 13.2 Total gaming-related operating expenses, excluding

management fees.

1.2.14 Person means any individual, firm, partnership, corporation, company or

association;

1.2.15 Player means a person participating in a game with the hope of winning

money or other benefit, but does not include a licensee, or any assistant

of a licensee;

1.2. 16 Primary management official means:

1.2.16.1 The person having management responsibility for a

management contract;

1.2. 16.2 Any person who has authority;

(i) To hire and fire employees; or

V3440.028 4
(ii) To set up working policy for the gaming operation;

1.2.16.3 The chief financial officer or other person who has

financial management responsibility;

1.2.16.4 Any other person for whom the Commission deems a

license is necessary.

1.2. 17 Reservation means the Fort Berthold Reservation specifically including all

lands, whether title thereto is held in trust or in fee, situated within the

exterior boundaries thereof, as such boundaries were established by the

AOt of March 3, 1891, 26 Stat. 1032, and such other Indian lands as

provided in 25 U.S.C. § 2703(4);

1.2.18 Tribe means the Three Affiliated Tribes.

SECTION 2. TRIBAL GAMING COMMISSION

2. 1 There is hereby established a gaming commission which shall be called the Three

Affiliated ~Tribes Tribal Gaming Commission. The Commission shall have five

members and one alternate member all of whom shall be appointed by the Tribal

Business Council. The Commission shall be filled by selecting from the adult enrolled

members of the, Three Affiliated Tribes resident on the Reservation. The members and

alternate member of the Commission shall serve terms of four (4) years. Successor

Commission members shall be designated not sooner than sixty (60) days nor later than

thirty (30) days before the terms of the members expire. A Commission member may

be removed during his or her term for cause upon a two-thirds vote of the members

voting of the Council. Vacancies which occur by death, disability, resignation or

removal shall be filled by the Council within thirty (30) days after the vacancy occurs,

and such replacement shall serve the remainder of the terms of the former member.

2.1.1 The Commission shall be funded in accordance with a budget prepared by

the Commission and as approved by the Council.

2.2 No member or alternate member of the Commission shall engage in any business which

is subject to regulation by the provisions of this Ordinance.

2.3 The Commission shall act by majority vote of a quorum present and each member of

the Commission shall be entitled to one vote except that the alternate member shall only

be entitled to vote in place of an absent member. A quorum shall consist of three

members, or two members and the alternate member.

2.4 The Tribal Business Council shall appoint the members and alternate member of the

Commission as soon as possible after the effective date of the Ordinance. Such

V3440.028 5
members and alternate members shall assume their offices immediately upon

appointment, and shall serve until their successors are appointed.

2.5 The Commission shall elect from among its members a Chairman, a Comptroller, and

such other officers as the Commission may deem appropriate. The Comptroller shall

be bonded, and shall be responsible for all money collected by the Commission.

SECTION 3. GAMING AUTHORIZED

3.1 The Tribe shall have sole proprietary interest in all gaming authorized by this section,

except as otherwise provided pursuant to the Indian Gaming Regulatory Act.

3.2 The following Class I games may be licensed for conduct on the Reservation: Social

games played solely for prizes of minimal value; Traditional forms of Indian gaming

engaged in as a part of tribal ceremonies, celebrations, or pow wows, including but not

limited to rodeos or horse races and stick or bone games; and as further defined

in 25 C.F.R. §502.2.

3.3 Class II games as follows may be licensed for conduct on the Reservation: bingo

(whether Or not electronic, computer, or other technologic aids are used in connection

therewith) including, if played in the same location, pull-tabs, lotto, punchboards, tip

jars, instant bingo, and other games similar to bingo and as may be further defined in

25 C.F.R. §502.3.

3.4 Class III games as follows may be licensed for conduct on the Reservation: gaming to

the full extent authorized by and in accordance with the procedures of the Indian

Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., and as further defined in 25 CFR

§502.4.

SECTION 4. TRIBAL GAMING COMMISSION AUTHORITY

4. 1 The Tribal Gaming Commission shall have the authority and responsibility to:

4.1.1 receive applications to license and conduct Class I gaming activities on the

Reservation;

4. 1.2 receive applications to license and conduct Class II gaming activities on

the Reservation;

4.1.3 receive applications to license and conduct of Class III gaming activities

on the Reservation upon such terms and conditions which may be provided

for in any compact entered into between the Three Affiliated Tribes and

the State of North Dakota;

V3440 028 6
4.1.4 enforce and administer the provisions of this Ordinance, the IGRA, and

the Tribal/State Compacts;

4. 1.5 upon application issue and renew gaming licenses and permits as provided

in this Ordinance and in regulations promulgated by the Commission;

4.1.6 grant, revoke, suspend, or condition a license or deny an application for

a license for a violation of this Ordinance or federal laws and regulations

governing the conduct of gaming;

4.1.7 promulgate regulations governing the procedures of the Commission

implementing this Ordinance;

4.1.8 collect fees and interest as provided in this Ordinance and the IGRA;

4.1.9 levy and collect penalties as provided in this Ordinance;

4.1.10 increase the respective amounts of the annual license and permit fees,

provided that such fees shall not be increased retroactively;

4. 1 .

11 audit expenditures, receipts and reports;

4.1.12 review, on demand, such books and records and inspect the premises and

operations of applicants and licensees as it deems necessary for the

enforcement of this Ordinance;

4.1.13 issue such forms as it deems necessary;

4. 1. 14 institute such legal proceedings in a court of competent jurisdiction as it

deems necessary for the enforcement of this Ordinance. Such action

taken, however, shall not be deemed an express or implied waiver of

sovereign immunity of the Commission or the Tribe;

4.1.15 conduct hearings on matters involving the application for any license

required by this Ordinance and as may otherwise be required in this

Ordinance;

4.1.16 deposit all fees, penalties, interest, and civil fines collected under

authority of this Ordinance into an account designated by the Council;

4. 1.17 maintain a correct and full accounting of all fees, penalties, interest, and

civil fines received under authority of this Ordinance, and provide a

monthly record of that accounting to the Council upon its request;

V3440.028 7
4.1.18 take all actions and issue orders necessary to perform properly and fully

its duties and responsibilities under this Ordinance with all protection

otherwise afforded to members of the Tribal Business Council and its

employees including but not limited to sovereign immunity from any legal

action taken against the Commissioners, its staff, contractors and

employees.

4.1.19 resolve disputes and complaints of the gaming public;

4.1.20 prepare a budget sufficient to carry out the duties of the Commission

under this Ordinance; and

4.1.21 employ such staff as necessary to administer and enforce this Ordinance.

SECTION 5. GAMING LICENSE REQUIRED

5. 1 A tribal gaming license shall be required for each person having a management

contract, each primary management official and key employee, and such other

employeesas designated by the Commission in its rules.

5.2 Each gaming establishment shall he separately licensed by the gaming commission. No

gaming shall be conducted at any place, location or facility without a duly issued

license.

SECTION 6. APPLICATION FOR LICENSES

6.1 Application for an initial license or renewal of an existing gaming license shall be made

for each gaming establishment in the form prescribed by the Commission and shall set

forth the name under which the applicant transacts or intends to transact business on the

Reservation, and the location of the gaming establishment for which the initial issuance

or renewal of a gaming license is sought. The application shall be signed by the

applicant if a natural person; or, in the case of an association or partnership, by a

member or partner thereof, or in the case of a corporation, by an executive officer

thereof; or, by some other person specifically authorized by the corporation to sign the

application, in which case written evidence of the signatory authority shall be attached.

In addition, the applicant shall provide evidence of authority of the signatory or any

other representative to act for and bind the applicant. If any change is made in that

authority the Commission shall immediately be informed in writing and until that

information is filed with the Commission any action of the representative shall be

presumed to be that of the applicant.

6.2 Prior to issuing a license to a key employee or management official, the Commission

shall insurethat such employee or official has properly completed the Personal History

Statement for Key Employees and Primary Management Officials attached hereto as

V3440.028 8
Appendix I. Unless they have previously completed the Appendix I form or another

form which contains the information required by 25 C.F.R. § 556.4 (including the

notices specified herein), the Commission shall notify existing key employees or

management officials that they must sign both a statement containing a notice regarding

false statements (18 U.S.C. § 1001) and a statement containing a Privacy Act notice

and consent to routine uses.

6.3 Each application shall be accompanied by payment of the appropriate annual license fee

and evidence of compliance with applicable ordinances of the Tribe, including the

Tribal Employment Rights Ordinance (TERO).

6.4 The Commission shaH conduct an investigation sufficient to make a determination under

Section 7. 1 below. In conducting a background investigation, the Commission or its

agent shall promise to keep confidential the identity of each person interviewed in the

course of the investigation. Fingerprints taken by the Commission or on behalf of the

Commission by the North Dakota Bureau of Criminal Investigation shall be submitted

through the National Indian Gaming Commission or the State of North Dakota to the

Federal Bureau of Investigation for the fingerprint check. In addition, for Class 111

gaming, the Commission shall conduct an investigation as required by the Tribal/State

Compact. The Commission may by regulation establish a schedule of fees applicable

to background investigations.

SECTION 7. ISSUANCE OF LICENSES

7. 1 Upon receipt of a complete application, the Commission shall review an applicants

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 and licensing in a gaming operation. If the Commission determines

that employment or licensing of the applicant 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, the applicant

shall not be employed or licensed.

7.2 The Commission may issue or renew a gaming license to an applicant who submits a

proper and completed application and pays the appropriate annual fee, provided that no

license shall be issued to or renewed for an applicant:

7.2.1 who is not a person of good character, honesty, and integrity;

7.2.2 whose prior activities, criminal record, reputation, habits, and association

pose a threat to the public interest of the Reservation or to the effective

regulation and control of gaming, or create or enhance the dangers of

~nsuitable, unfair, or illegal practices, methods, and activities in the

conduct of gaming or the carrying on of the business and financial

V3440028 9
arrangements incidental to the conduct of gaming;

7.2.3 who has had, or who is in privity with anyone who has had, a gaming

license revoked for cause in any jurisdiction;

7.2.4 who is delinquent in the payment of any obligation owed to the Tribe

pursuant to this Ordinance or a management contract;

7.2.5 who has failed to comply with this Ordinance or any resolution adopted

by the Council;

7.2.6 who occupies a competing position within a five hundred mile radius of

the tribal gaming enterprise.

7.3 Each license shall be valid for one-year following issuance.~

7.4 A license may not be assigned or transferred and is valid only for use by the person in

whose name it is issued and at the gaming establishment for which it is issued. A

license issued to a gaming organization or individual licensee shall be conspicuously

displayed at all, times.

7.5 Procedures for Forwarding Applications and Reports for Key Employees and Primary

Management Officials to the National Indian Gaming Commission:

7.5.1 When a key employee or primary management official begins work at a

gaming operation authorized by this ordinance, the Commission shall

forward to the National Indian Gaming Commission a complete

application for employment and conduct the background investigation and

make the determination referred to in Section 7.1;

7.5.2 The Commission shall forward the report referred to in Section 7.5 to the

National Indian Gaming Commission within sixty (60) days after an

employee begins work or within sixty (60) days of the approval of this

ordinance by the Chairman of the National Indian Gaming Commission;

7.5.3 No gaming establishment shall employ as a key employee or primary

management official a person who does not have a tribal license after

ninety (90) days;

7.5.4 With respect to key employees and primary management officials, the

Commission shall retain applications for employment and reports (if any)

Tribal Resolution No. 92-005-JJR, duly adopted on the 22nd day of January, 1992.

V3440.028 10
of background investigations for inspection by the Chairman of the

National Indian Gaming Commission or his or her designee for no less

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

7.6 Report to the National Indian Gaming Commission:

7.6.1 Pursuant to the procedures set out in Section 7, the Commission shall

prepare and forward to the National Indian Gaming Commission an

investigative report on each background investigation. An investigative

report shall include all of the following:

7.6.1.1 Steps taken in conducting a background investigation;

7.6.1.2 Results obtained;

7.6.1.3 Conclusions reached; and

7.6. 1.4 The basis for those conclusions.

7.6.2 The Commission shall submit, with the report, a copy of the eligibility

determination made under Section 7. 1.;

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

7.6.3. 1 Shall notify the National Indian Gaming Commission; and

7.6.3.2 May forward copies of its eligibility determination and

investigative report (if any) to the National Indian Gaming

Commission for inclusion in the Indian Gaming Endividuals

Records System.

7.6.4 With respect to key employees and primary management officials, the

Commission shall retain applications for employment and reports (if any)

of background investigations for inspection by the Chairman of the

National Indian Gaming Commission or his or her designee for no less

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

7.7 The National Indian Gaming Commission shall be promptly notified of the issuance of

licenses for primary management officials and key employees of a gaming enterprise.

7.8 Granting a Gaming License:

7.8. 1 If, within a thirty (30) day period after the National Indian Gaming

Commission receives a report, the National Indian Gaming Commission

V3440028 : 11
notifies the Commission 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 Commission has provided an

application and investigative report to the National Indian Gaming

Commission, the Commission may issue a license to such applicant;

7.8.2 The 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 thirty (30) day period under

Section 7.8.1 until the Chairman of the National Indian Gaming

Commission receives the additional information;

7.8.3 If, within the thirty (30) day period described above, the National Indian

Gaming Commission provides the Commission with a statement itemizing

objections to the issuance of a license to a key employee or to a primary

management official for whom the Commission has provided an

application and investigative report to the National Indian Gaming

Commission, the Commission shall reconsider the application, taking into

account the objections itemized by the National Indian Gaming

Commission. The Commission shall make the final decision whether to

issue a license to such applicant.

7.9 License Suspension:

7.9.1 If, after the issuance of a gaming license, the Commission 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 Section 7. 1 above, the Commission shall suspend such

license and shall notify in writing the licensee of the suspension and the

proposed revocation;

7.9.2 The Commission shall notify the licensee of a time and a place for a

hearing on the proposed revocation of a license;

7.9.3 After a revocation hearing, the Commission shall decide to revoke or to

reinstate a gaming license. The Commission shall notify the National

Indian Gaming Commission of its decision.

7. 10 Until authorized by a tribal-state compact, no license shall be issued for any Class III

gaming establishment, primary management official, key employee or any other

employee or person as may be required by the Commission from time to time.

7. 11 Conditions of the Tribal License. Any tribal license issued under this Ordinance shall

V3440.028 12
be subject to such reasonable conditions as the Commission may establish, including,

but not limited to the following:

7.11.1 The licensee shall at all times maintain an orderly, clean, and neat

establishment, both inside and outside the licensed premises;

7.11.2 The licensed premises shall be opened to inspection by duly authorized

tribal officials and officials of the National Indian Gaming Commission

and officials of the Commission at all times upon demand;

7.11.3 There shall be no discrimination in the operations under the tribal license

by reason of race, color or creed, provided, however, that the licensee

shall give a preference in employment to qualified Indians. In observing

Indian preference, the licensee shall grant preference to qualified members

of the Three Affiliated Tribes;

7. II .4 No person who is under the age of 18 shall participate nor shall be

allowed to participate in any iuanuei in Uie u .ra~un of any game. No

person who is under the age of 18 shall play in any game of chance. No

person under the age of 18 shall be allowed to premises where games are

being conducted. It shall be the responsibility of the licensee to assure

that no unauthorized person is allowed to play in or participate in any

manner in the operation of any game;

7.11.5 A licensee shall continuously provide information that impacts, or may

reasonably be expected to impact their status as licensee. No person

involved in the operation of any activity authorized by this Ordinance

shall, directly or indirectly, in the course of such operation employ any

device, scheme, or artifice to defraud; make any untrue statement of fact,

or omit to state a fact necessary in order to make a statement not

misleading in consideration of the circumstances under which such

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

as would operate as fraud or deceit under any person;

7.11.6 The Commission may issue such regulations, at such time, and in such a

manner as it shall choose to govern the conduct of gaming as defined

under this Ordinance and to insure its operation for lawful purposes.

SECTION 8. GAMING LICENSE FEES

8. 1 The Commission may establish the amount of the annual fee, provided that any

increase shall take effect only on the ensuing January 1.

8.2 The annual license fee shall be paid in advance of the initial issuance or renewal of a

V3440028 13
license.

8.3 The annual license fee shall be prorated in the case of each initially issued license.

SECTION 9. RECORDS AND REPORTS

9.1 Each licensee responsible for the gaming organization shall keep and maintain

sufficient books and records substantiate the receipts, expenses, and uses of revenues

relating to the conduct of gaming activities authorized under a license. The records

shall include but is not limited to session summary sheets, operational budgets and

projections and tour/bus attendance and compensation.

9.2 No later the than the first and fifteenth day of each month, each gaming organization

shall provide, in a report form prescribed by the Commission, a statement of gross

revenues and adjusted gross revenues received or collected at each gaming organization

during immediately preceding period.

9.3 No license shall falsify any books or records relating to ally transaction connected with

the conduct of gaming activities authorized under a license.

9.4 All books and records of a gaming organization relating to licensed gaming activities

shall be subject to review by the Commission or a person designated by the

Commission at any time during reasonable hours; provided, that the Commission shall

cause, at least annually, to be conducted an independent audit of gaming operations and

of all contracts in excess of $25,000.00 for supplies, services or concessions, except

contracts for professional legal or accounting services.

9.5 A copy of all insurance policies covering a gaming organization or any part thereof

shall be filed with the Commission.

9.6 The Commission shall submit the results of an audit performed pursuant to Section 9.4

to the NIGC.

SECTION 10. REVENUES

10. 1 The gross revenues derived from operations of a tribally-owned and licensed gaming

enterprises are tribal funds and may be expended by a manager only upon authority

delegated by the Tribal Council.

10.2 All moneys collected or received at a gaming establishment from the conduct of

gaming activities and admissions thereto, except any winnings or cash prize of one

hundred dollars ($100.00) or less paid immediately, shall be deposited by the licensee

daily in a separate bank account designated by the Tribal Treasurer, which account

will contain only such moneys. Cash prizes of more than one hundred

V3440028 14
dollars($ 100.00), the purchase prices of merchandise prizes and all expenses for such

gaming activities shall be withdrawn from such account by consecutively numbered

checks duly signed by a specified officer or officers of the licensee and payable to a

specific person or organization. There shall also be written on the check the nature of

the expense or~prize for which the check is drawn. No check shall be drawn to cash

or a fictitious payee.

SECTION 11. VIOLATIONS

11. 1 No person shall operate or conduct any gaming activity in a gaming establishment on

the Reservation without a gaming license issued by the Commission, as required by

this Ordinance, or in violation of this Ordinance, IGRA, or Tribal/State Compact.

11.2 No licensee or license applicant shall provide false information in connection with any

document or proceeding under this Ordinance.

11 .3 No licensee shall fail to account fully for all moneys received or collected in

connection with gaming activities.

11.4 No person under the age of eighteen (18) years shall be permitted to participate in any

gaming activities.

11.5 No person shall engage in cheating (as that term is defined in Section 1.2.2 of this

Ordinance) in any gaming activity.

11.6 No person, other than a law enforcement officer, may enter or remain in a gaming

establishment licensed under this Ordinance while in the possession of a firearm or

other weapon.

11 .7 No person shall intentionally violate any of the regulatory provisions of the other

sections of this Ordinance, nor any rule, regulation or order of the Commission.

11.8 Any person who is in privity with a violator shall be deemed to be in violation of this

Ordinance to the same extent as the violator.

11.9 The licensee who employs persons in a gaming establishment is responsible to ensure

that all primary management officials and key employees assisting in operating any

gaming activity on the licensees behalf comply with this Ordinance. A violation by

any such officials or employees shall be deemed a violation by the licensee, subjecting

such licensee to civil enforcement action, and it shall not be a defense that the licensee

was unaware of the violation.

11.10 No person, playing in or conducting any gaming activity authorized under this

Ordinance, shall:

V3440028 15
11. 10. 1 use bogus or counterfeit cards, or substitutes or use any game cards that

have been tampered with;

11.10.2 employ or have on ones person any cheating device to facilitate cheating

in any gaming activity;

11.10.3 use any fraudulent scheme or technique, including when an operator or

player of games of charitable gaming tickets directly or indirectly solicits,

provides, or receives inside information of the status of a game for the

benefit of either person;

11.10.4 cause, aid, abet, or conspire with another person or cause any person to

violate any provision of this Ordinance or any rule adopted under this

Ordinance.

SECTION 12. CIVIL ENFORCEMENT

12.1 The Commission may take any one or a combination of the following actions with

respect to.any person who violates any provision of this Ordinance:

12.1.1 Impose a civil penalty not to exceed five hundred dollars ($500.00) for

each violation, and if such violation is a continuing one, for each day of

such violation, a penalty of one hundred dollars ($100.00) per day for

failure to file any report when due and one thousand dollars ($1000.00)

per day for failure to file such report after notice and demand;

12.1.2 Suspend, revoke or condition any gaming license or deny an application

for the issuance or renewal of a license issued by the Commission:

12.1.3 Following a final decision of the Commission with respect to the

suspension, revocation, or conditioning of a license, the Commission may

bring an action in the Tribal Court for imposition of one or more of the

following sanctions:

12. 1.3.1 seizure of any gaming apparatus, proceeds, or other

property of a licensee or connected with the gaming

activities engaged in by the licensee;

12.1.3.2 in case of any nonmember of the Tribes, expulsion from

the Indian lands;

12. 1.3.3 collection of any unpaid fees, interest, and penalties unpaid

after thirty (30) days;

V3440.028 16
12. 1.3.4 execution on any nonexempt property on a violator located

within the exterior boundaries of the Indian lands; and

12.1.3.5 such other relief as necessary to enforce its decision.

12.2 Any court of competent jurisdiction shall have jurisdiction over any civil action brought

by the Commission under this Ordinance, and any court of competent jurisdiction shall

have authority to impose any and all sanctions provided for herein.

12.3 Before taking any action authorized in Section 12.1, the Commission shall use its best

efforts to notify the alleged violator, in person or by letter delivered to his/her last

known address, of the charges against him/her, and allow the alleged violator an

opportunity fora prompt hearing. If the alleged violator fails to respond, or cannot be

found, the Commission may proceed with a hearing notwithstanding, and take such

action as it deems appropriate.

12.4 Every person who applies for a gaming license and accepts such license thereby

acknowledges the civil enforcement jurisdiction and authority of the Commission and

a court of.competent jurisdiction under this Ordinance to order an execution on his/her

nonexempt property, the suspension or termination of his/her further conduct of

gaming activities and the seizure of his/her gaming equipment or proceeds or other

property, upon a proper finding of the Commission or the court that the person has

violated a provision of this Ordinance, despite lack of actual notice, provided that the

Commission has used its best efforts to notify the accused personally or by letter

delivered to his/her last known address.

12.5 Any licensee paying a penalty for late filing or failing to file a report for which there

is an acceptable excuse may petition the Commission for a credit. The petition shall be

filed within thirty (30) days after the petitioner knew or should have known that the

payment was excusable, but not more than six (6) months after payment in any case.

12.6 Any person aggrieved by a decision made or action taken by the Commission without

notice and opportunity for hearing, may petition the Commission for a hearing and

reconsideration. The petition shall be filed within thirty (30) days after the petitioner

knew or should have known of the decision or action. The Commission shall grant a

prompt hearing upon receiving such a petition, and shall reconsider its decision or

action in light of what is presented at a hearing.

12.7 Any person aggrieved by a decision made or action taken by the Commission after

notice and opportunity for hearing may petition any court of competent jurisdiction for

review. Such petition shall specifically set forth the reasons for aggrievement, and be

filed with the court no later than sixty (60) days after the Commission decision or

action. The court shall set the matter for hearing no later than thirty (30) days after

receipt of the petition, and may, upon establishing that it has jurisdiction, affirm,

V3440028 I 17
modify or set aside the Commissions order. The reviewing court shall modify or set

aside CommissiOn action, findings, and conclusions found to be arbitrary or capricious,

not in accordance with law, or without observance of procedure required by law.

SECTION 13. USE OF GAMING REVENUES

13. 1 Net revenues from gaming conducted under his Ordinance shall not be used for

purposes other than:

13.1. 1 to fund tribal government operations or programs;

13.1.2 to provide for the general welfare of the Three Affiliated Tribes and its

members;

13.1.3 to promote tribal economic development;

13. 1.4 to donate to charitable organizations;

13.1.5 to help fund operations of local government agencies.

SECTION 14. PROTECTION OF ENVIRONMENTAL AND PUBLIC HEALTH

AND SAFETY

14. 1 Gaming establishments on the Reservation shall be constructed, maintained and operated

so as to protect the natural environment and the public health and safety.

SECTION 15. CLASS ifi GAMING COMPACT

Operation of any Class III games within the Reservation by the Tribe or other entity

or individual shall not be permitted unless the games are authorized by a Tribe/State

Compact approved by the Secretary. Any such compact shall conform to the

requirements set forth in Public Law 100-497, 25 U.S.C. § 2701, et seq. for such

compacts, and shall also conform to the terms of this Ordinance, unless any provision

of this Ordinance is specifically modified by the Compact.

15.1 This Ordinance~hereby incorporates the provisions of the Gaming Compact between the

Three Affiliated Tribes and the State of North Dakota for the operation of Class 111

gaming on the Fort Berthold Reservation dated October 7, 1992.

15.2 This Ordinance hereby incorporates the provisions of the Pan-Mutual Racing

Addendum to the Gaming Compact between the Three Affiliated Tribes and the State

of North Dakota, which said Addendum is dated April 14, 1993, and provides for the

operation of pan-mutual racing within the Fort Berthold Reservation.

V3440 028 18
SECTION 16. APPLICABLE LAW

16.1 All controversies involving contracts relating to gaming entered under the authority of

the Three Affiliated Tribes on its Indian lands shall be resolved, as appropriate, in

accordance with (i) the Indian Gaming Regulatory Act, (ii) the law of the Tribe and (iii)

if no tribal law exists, the Commission or a court may, at its is discretion, adopt state

law as tribal law.

SECTION 17. SAVINGS PROVISIONS

17.1 If any provision of this ordinance or the application thereof to any person or

circumstance is held invalid, the invalidity shall not effect other provisions or

applications of the Ordinance which can be given effect without the invalid provision

or application, and to this end the provisions of this Ordinance are severable.

SECTION 18. EFFECTIVE DATE

18.1 This Ordinance shall be effective immediately.

SECTION 19. DISPUTE RESOLUTION

19.1 Disputes involving members of the public and a gaming enterprise operated by the

Tribe shall be submitted first in writing to the Manager of the gaming enterprise, who

shall render a decision on the dispute in writing, stating reasons therefor. If thereafter

the member of the public is unsatisfied, a written statement of the dispute and the

reasons for dissatisfaction may be submitted to the Gaming Commission, which may

in its discretion request additional information from the disputant and/or the Manager,

and which shall render its decision on the dispute in writing.

V3440.028 19