WHITE EARTH RESERVATION

GAMING ORDINANCE

APPROVED May 15, 2019

Amended RBC approved July 6, 2009 NIGC approved October 23, 2009

Amended RBC approved September 25, 2006 NIGC approved November 17, 2006

Amended RBC approved July 14, 1999 NIGC approved December 22, 1999

Established RBC approved October 1. 1993 NIGC approved November 8, 1993
CONTENTS 

SECTION I – PURPOSE ................................................................................................................................... 3

SECTION II – DEFINITIONS............................................................................................................................. 4

SECTION III – GAMING AUTHORIZED.......................................................................................................... 7

SECTION IV – GAMING NOT AUTHORIZED ............................................................................................... 7

SECTION V – OWNERSHIP OF GAMING ................................................................................................... .8

SECTION VI – NON-TRIBALLY OWNED GAMING ..................................................................................... 8

SECTION VII – USE OF GAMING REVENUE .............................................................................................. 8

SECTION VIII – PER CAPITA PAYMENTS .................................................................................................. 9

SECTION IX – TRIBAL GAMING COMMISSION ......................................................................................... 9

SECTION X – ETHICS ..................................................................................................................................... 13

SECTION XI – AUDIT .......................................................................................................................................14

SECTION XII - MINIMUM AGE....................................................................................................................... 14

SECTION XIII – GENERAL GAMING OPERATION REQUIREMENTS ................................................. 14

SECTION XIV – TRIBAL INTERNAL CONTROL STANDARDS .............................................................. 14

SECTION XV – FACILITY LICENSES .......................................................................................................... 15

SECTION XVI – GAMING PERMITS ............................................................................................................ 16

SECTION XVII – LICENSES KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS ....... 16

SECTION XXIII – LICENSE APPLICATION FORMS ................................................................................. 17

SECTION XIX – LICENSE FEES ................................................................................................................... 18

SECTION XX – FINGERPRINTS ................................................................................................................... 18

SECTION XXI – BACKGROUND INVESTIGATIONS ................................................................................ 18

SECTION XXII – PROCEDURE FOR CONDUCTING A BACKGROUND INVESTIGATION ............. 19

SECTION XXIII – ELIGIBILITY DETERMINATION .....................................................................................19

SECTION XXIV – PROCEDURES FOR FORWARDING APPLICATIONS TO NIGC .......................... 20

SECTION XXV – REPORT TO THE NATIONAL INDIAN GAMING COMMISSION ............................. 20

SECTION XXVI – GRANTING A GAMING LICENSE ................................................................................ 21

SECTION XXVII – LICENSE RENEWAL ...................................................................................................... 21

SECTION XXVIII – LICENSE SUSPENSION/REVOCATION ................................................................... 22

SECTION XXIX - APPEAL OF DECISION OF THE COMMISSION ........................................................ 22

SECTION XXX – LICENSES FOR VENDORS ............................................................................................ 22

SECTION XXXI – CONTENTS OF THE VENDOR LICENSE APPLICATION ....................................... 23

SECTION XXXII – VENDOR BACKGROUND INVESTIGATIONS .......................................................... 24

SECTION XXXIII – VENDOR LICENSE FEE .............................................................................................. 24

SECTION XXXIV – VENDOR BACKGROUND INVESTIGATION REPORT ......................................... 24

SECTION XXXV – LICENSES FOR NON-GAMING VENDORS ............................................................. 24

SECTION XXXVI – INSPECTION OF PREMISES ..................................................................................... 25

SECTION XXXVII – ENVIRONMENT AND PUBLIC HEALTH AND SAFETY ....................................... 25

SECTION XXXVIII - VIOLATIONS AND SANCTIONS .............................................................................. 25

SECTION XXXIX - CIVIL PENALTY PROVISIONS ................................................................................... 27

SECTION XL - EXCLUSION OF INDIVIDUALS FROM GAMING ACTIVITIES..................................... 27

SECTION XLI – PATRON DISPUTE RESOLUTION ................................................................................. 27

SECTION XLII - SOVEREIGN IMMUNITY ................................................................................................... 28

SECTION XLIII – AGENT FOR SERVICE OF PROCESS ........................................................................ 28

SECTION XLIV – COMPLIANCE WITH FEDERAL LAW AND TRIBAL-STATE COMPACT .............. 28

SECTION XLV – REPEAL .............................................................................................................................. 28

SECTION XLVI – SAVINGS CLAUSE .......................................................................................................... 28
Approved: May 15, 2019 

Page 3

WHITE EARTH BAND OF CHIPPEWA INDIANS 

CLASS II AND CLASS III GAMING ORDINANCE

SECTION I – 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 II and 

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

a) Regulate all forms of permissible and authorized gaming within the jurisdiction of the White 

Earth Reservation. 

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

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

the jurisdiction. 

d) Provide for tribal audit system on all gaming operations. 

e) 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. 

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

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

Ordinance that occur within the White Earth Reservation boundaries. 

h) 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. 

i) To harmonize with and adhere to the Indian Gaming Regulatory Act, Public Law 100-497, 102 

Stat. 2467-88 25 U.S.C. § 2701 et seq. as enacted by the United States Congress on October 

17, 1988. 

j) 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. 

k) 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: May 15, 2019 

Page 4

SECTION II – 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. § 2701 and 

its regulations, 25 C.F.R. § 501-599. Specifically: 

a) Charitable Gaming Operation means a specifically designated gaming operation where all 

proceeds are for the benefit of a charitable organization. 

b) Class I Gaming 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. 

c) Class II Gaming means: 

1. bingo or lotto (whether 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 II gaming operations – 

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. 

d) Class III gaming means all forms of gaming that are not class I gaming or class II gaming, 

including but not limited to: 

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

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)(1) and electronic or 

electromechanical facsimiles of any game of chance; 
Approved: May 15, 2019 

Page 5

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. 

e) Commission or Gaming 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.

f) Compact means a Tribal-State Compact concerning class III gaming approved by the 

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

2710(d). 

g) Complimentary means a service or item provided at no cost, or at a reduced cost, to a 

customer. 

h) Gaming Commissioner or Commissioner means a Member of the White Earth Tribal Gaming 

Commission. 

i) 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. 

j) Gaming Operation means any gaming enterprise operated by the Tribe. 

k) Gross Gaming Revenue means the total amount of cash wagered on Class II and Class III 

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

or paid for prizes awarded. 

l) 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 

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. § 2719. 

m) Indian Tribe or Tribe means the White Earth Band of Chippewa Indians, its authorized officials, 

agents and representatives. 

n) Internal Audit means persons who perform an audit function of a gaming operation that are 

independent of the department subject to audit. 

o) Key employee means: 

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

i) Bingo caller; 

ii) Counting room supervisor; 
Approved: May 15, 2019 

Page 6

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; or

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; 

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

operation; or

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

positions as key positions within that particular establishment. 

p) Management contract means any contract, subcontract, or collateral agreement between an 

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

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

q) Net revenues mean 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. 

r) NIGC means the National Indian Gaming Commission. 

s) Non-Tribally Owned Gaming Enterprise or NTOGE means a licensed gaming operation not 

owned by the Tribe.

t) Payout means a transaction associated with a winning event. 

u) Per capita payment 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. 

v) Permit means an acknowledgement from the Gaming Commission that a one-time bona fide 

fundraising event has been reported to the Tribe. 

w) Primary management 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. 

x) Small Gaming Operation are those tribally-licensed gaming establishments where the annual 

gross gaming revenue realized in a calendar year does not exceed $2 million. 
Approved: May 15, 2019 

Page 7

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

z) White Earth Tribal Council a/k/a White Earth Reservation Business Committee means the 

elected governing body of Tribe.

SECTION III – Gaming Authorized

a) Class II and Class III gaming are hereby authorized, including Non-Tribally owned Class 

II and Class III gaming, small gaming operations, and charitable gaming operations. 

b) No person, entity, corporation, organization or government, except the Tribe, shall 

authorize any form of Class II or Class III gaming within the exterior boundaries of the 

White Earth Reservation. Such gaming shall be consistent with: 

1. the Indian Gaming Regulatory Act; 

2. a Tribal-State Compact; and/or 

3. a license issued by the Gaming Commission. 

c) The Tribe shall enact rules and regulations regarding the licensing of Class II and Class 

III games which shall be consistent with the provisions of the Indian Gaming Regulatory 

Act and the laws of the White Earth Reservation. 

d) Any person, entity, corporation, organization or government that conducts Class II or Class 

III gaming within the boundaries of the White Earth Reservation without a license issued 

by the 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. §§2701et 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. 
Approved: May 15, 2019 

Page 8

SECTION V – Ownership 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, 

small gaming operations, or charitable gaming is approved and licensed under this 

ordinance. 

b) In order to be licensed by the Gaming Commission, individual owners, in addition to the 

requirements of this ordinance, shall also be required to: 

1. Pay to the Tribe 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. 

3. Pay NIGC annual fees, as applicable. 

c) The Tribe shall have the sole regulatory responsibility for the conduct of all gaming within 

the exterior boundaries of the White Earth Reservation. 

SECTION VI – Non-Tribally Owned Gaming Enterprises (NTOGE)

a) The Gaming Commission shall license and regulate all Class II and Class III gaming within 

the exterior boundaries of the White Earth Reservation, pursuant to this Ordinance, 

including those Class II and Class III gaming operations that are not Tribally owned. 

b) Non-Tribal persons or entities shall not be eligible to receive a tribal license to own a Class 

II gaming activity conducted within the exterior boundaries of 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. 

c) Any person or entity other than the Tribe that is permitted by the Tribe to operate Class III 

gaming within the exterior boundaries of the White Earth Reservation must be fully 

compliant with the terms of the applicable Tribal/State Compact. 

SECTION VII – Use of Gaming Revenue

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

1. to fund tribal government operation and programs; 

2. to provide for the general welfare of the Tribe and its members; 

3. to promote tribal economic development; 

4. to donate to charitable organizations; or 

5. to help fund operations of local government agencies. 
Approved: May 15, 2019 

Page 9

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: 

a) 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. § 

2710(b)(3)(B). 

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 Tribe 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. 

c) The Tribe 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. 

d) The Tribe 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. 

e) The Tribe shall ensure that distributions of per capita payments are made according to specific 

eligibility requirements. 

f) The Tribe shall ensure that Tribal members are notified of the tax liability for per capita 

payments and how taxes will be withheld. 

SECTION IX – Tribal Gaming Commission

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

gaming operations. The Gaming Commission is an agency of the White Earth Tribal Council 

and is subject to review and oversight by the White Earth Tribal Council. The Gaming 

Commission shall consist of 5 members appointed by White Earth Tribal Council. 

b) The purpose of the Gaming Commission is to regulate licensed gaming operations within the 

jurisdiction of the Tribe. Regulation of gaming operations shall be the sole responsibility of 

the Gaming Commission. 

c) Gaming Commissioners must hold a valid gaming license and shall be required to 

successfully pass a background investigation, which shall include a review of the 

Commissioner’s financial, criminal and employment history. 
Approved: May 15, 2019 

Page 10

d) Gaming Commissioners may not be elected officials of the Tribe. Commissioners may not 

be an employee of or have a financial interest in any gaming facility or gaming operation. 

e) The White Earth Tribal Council may decide not to employ someone as a Gaming 

Commissioner who has been convicted or is currently being prosecuted for any crime of 

moral turpitude or any felony.

f) Open positions on the Gaming Commission shall be filled through the current hiring policy of 

the White Earth Reservation Human Resources Department. The White Earth Tribal Council 

shall appoint each Commissioner by official action at a duly convened meeting.

g) Positions on the Gaming Commission may include the following:

1. Commission Chair: The Commission Chair shall establish the meeting agenda and 

preside over meetings and shall be the official representative of the Gaming 

Commission. The Commission Chair is responsible for monitoring Commission staff 

and occurrences within gaming facilities located on the White Earth Reservation, 

reporting to the Tribal Council on a regular basis and voting at the commission 

meetings. 

2. Commission Vice Chair: The Commission Vice Chair shall assume the role of 

Commission Chair in the event the Commission Chair is absent, disabled or 

otherwise unable to complete the duties of Commission Chair, including voting at the 

Commission meetings. 

3. Commission Secretary: The Commission Secretary shall be the official custodian of 

all files and records of the Gaming Commission and shall be responsible for 

recording the minutes of all meetings. The Commission Secretary shall be 

responsible for submitting annual budget requests to the White Earth Tribal Council 

and overseeing expenditures of the Commission and voting at Commission 

meetings. 

4. Commissioner. The two (2) Commissioner positions not filled by the Chair, Vice 

Chair or Secretary shall be filled by two Commissioners, who shall be responsible for 

attending and voting at Commission meetings. 

h) Management oversight of a Tribally-Owned gaming operation is left to the discretion of the 

White Earth Tribal Council. The Gaming Commission shall not have any oversight over 

management of gaming operation(s).

i) The Gaming Commission will conduct regulatory oversight to ensure compliance with 

applicable Tribal, Federal, and applicable State laws and regulations and shall be 

responsible for the following at all gaming operations within the exterior boundaries of the 

White Earth Reservation; 

1. Review of all gaming equipment and other devices used in gaming operations to 

ensure compliance with this Ordinance;

2. Ensure the integrity of gaming devices, equipment, supplies, etc.
Approved: May 15, 2019 

Page 11

3. Investigate evidence that gaming equipment or related equipment, supplies, etc. 

have been tampered with or altered in any way;

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

primary management officials and key employees;

5. Conduct or cause backgrounds investigations to be conducted on all applicable 

contractors and vendors of gaming operations;

6. Serve as the licensing authority for facilities, individuals, employees, contractors, 

and vendors of gaming operations.

7. Report results of background investigations to the NIGC

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

fingerprints;

9. Make licensing suitability determinations, which shall be signed by the Chair of 

the Gaming Commission.

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

consistent with the suitability determination;

11. Establish standards for licensing facilities, individuals, employees, contractors, 

and/or vendors of gaming operations;

12. Ensure wager limits are within the standards established by the Tribe;

13. 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;

14. Inspect, examine and monitor gaming activities and have immediate access to 

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

establishment;

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

16. 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 

or ordinance;

17. Review and report on internal control policies and procedures for safeguarding 

gaming assets and revenues, including recording of cash and evidences of 

indebtedness and mandatory count procedures;

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

with gaming license applications for facilities, individuals, employees, contractors 

and vendors;

19. Promulgate and issue regulations on the levying of fines and/or suspension or 

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

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

20. Provide referrals and information to the appropriate law enforcement officials 

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

ordinance, or resolution;

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

regulation of gaming under this Ordinance; and

22. Promulgate such regulations and guidelines as it deems appropriate to 

implement the provisions of the Ordinance.
Approved: May 15, 2019 

Page 12

j) 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 process. 

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.

k) 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. 

l) Three (3) members of the Gaming Commission, or a simple majority of currently seated and 

appointed Commissioners shall constitute a quorum. For the purpose of conducting 

business, all official actions of the Commission shall be taken by majority vote of the 

Commissioners present at a meeting at which a quorum is present. The Chairperson may 

vote on any issue. The Commission may act in its official capacity even if there are 

vacancies on the Commission. 

m) The Gaming Commission shall be compensated at a level determined by the White Earth Tribal 

Council. 

n) The Commission shall keep a written record of all meeting and actions.

o) The Gaming Commission shall meet at least monthly. Due to the nature of meetings, they shall 

not be open to the public but will be open to any Tribal Council Member. 

p) The Gaming Commission shall submit all meeting minutes in writing to the White Earth Tribal 

Council no later than 14 calendar days after a meeting is held in a format defined by the Tribal 

Council. 

q) The Gaming Commission shall report to the White Earth Tribal Council and the Members of 

the Tribe on a quarterly basis in a format defined by the Tribal Council. 

r) A Gaming Commissioner shall be terminated immediately by the Tribal Council upon the filing 

or conviction of any felony or misdemeanor related to gambling or moral turpitude, or any other 

charge or conviction that the Tribal Council finds may relate to the Commissioner’s honesty or 

ability to fulfill their duties. 

s) A Gaming Commissioner may be removed for violating any provision of this Ordinance or for 

other just cause by a majority vote of the White Earth Tribal Council and shall be subject to 

employment policies and ramifications thereof. 

t) Commissioners shall act impartially, in accordance with all relevant Tribal, Federal, and State 

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

or individual. 
Approved: May 15, 2019 

Page 13

SECTION X – Ethics

The Tribe 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 Gaming Commissioners agree to be 

bound by the following principles: 

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

performance of their duties as regulators. 

b) Commissioners 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. 

c) Commissioners 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 Gaming Commission, or 

whose interests may be substantially affected by the performance or nonperformance of the

Gaming Commission’s duties. 

d) Commissioners shall make no unauthorized commitments or promises of any kind 

purporting to bind the Tribe. 

e) Commissioners shall not use their positions for private gain. 

f) Commissioners shall act impartially, in accordance with all relevant Tribal, Federal, and 

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

organization or individual, including to any persons related to Commissioners. 

g) Commissioners 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. 

h) Commissioners shall not engage in outside employment or activities, including seeking or 

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

i) Commissioners shall disclose waste, fraud, abuse, and/or corruption to appropriate 

authorities. 

j) Commissioners shall endeavor to avoid any actions creating the appearance that they are 

violating the law or the ethical standards listed herein. 

k) Commissioners shall disclose any real or apparent financial or personal conflicts. If there is 

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

related to the conflict. 
Approved: May 15, 2019 

Page 14

SECTION XI – Audit

a) The Gaming Commission shall cause an annual independent audit of Tribally Owned 

Gaming, Charitable Gaming, and Small Gaming operations to be conducted, 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. 

SECTION XII - Minimum Age

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

license. 

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

II or Class III 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. 

SECTION XIII – General Gaming Operation Requirements

a) Each gaming employee or operator of a Non-Tribally Owned Gaming, Small Gaming, 

and/or Charitable Gaming operations (including owners), prior to beginning work or 

conducting Class II or Class III 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 II or Class III gaming shall provide required 

reports, audits, contracts for service or supplies as requested by the Gaming Commission. 

c) Any operator or employee of any Class II or Class III gaming shall deposit the proceeds 

of the gaming operation according to applicable rules and regulations adopted by the 

Gaming Commission. 

d) Any operator or employee may request the assistance of the Gaming Commission in 

obtaining training or instruction for the benefit of the Class II or Class III gaming operation, 

or in ascertaining the intent of this Ordinance. 

SECTION XIV – Tribal Internal Control Standards

a) The Tribe gives responsibility to the Gaming Commission to conform with 25 C.F.R. § 543 

to adopt and implement Tribal Internal Control Standards (TICS) for the operation of 

Tribally Owned and Non-Tribally Owned gaming operations in accordance with applicable 

law. 
Approved: May 15, 2019 

Page 15

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

1. Small Gaming Operations with annual gross gaming revenues below $3,000,000 are 

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

adopted by the Gaming Commission pursuant to 25 C.F.R § 543.5(a). 

a. Small Gaming Operations are exempt from the White Earth Class II Gaming 

Minimum Internal Control Standards. 

b. Small Gaming Operations must comply with the alternate procedures included 

in the White Earth Class II Gaming Tribal Internal Control Standards which are 

designed to

i. Protect the integrity of the games offered; 

ii. Safeguard the assets used in connection with the operations; and 

iii. Create, prepare and maintain records in accordance with 

 Generally Accepted Accounting Principles. 

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

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

b. the operation is operated wholly by the charitable organization’s agents; and

c. the annual gross gaming revenues are below $3,000,000 must follow any 

applicable policies and procedures adopted by the Gaming Commission 

pursuant to the 25 C.F.R § 543.4(b), Small Gaming Operation policies and 

procedures shall apply. 

d. Nothing in this section exempts gaming operations conducted by independent 

operators for the benefit of a charitable organization.

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

but less than $8,000,000 are subject to 25 C.F.R. § 543.1 to 543.49. 

4. Tier B Gaming Operations with more than $8,000,000 annual gross gaming revenues, 

but less than $15,000,000 are subject to 25 C.F.R. § 543.1 to 543.49

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

are subject to 25 C.F.R. § 543.1 to 543.49

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

Gaming Commission. 

SECTION XV – Facility License

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

where Class II and/or Class III gaming is conducted under this ordinance. The valid period 

of the license shall not exceed a time period of three years. 

b) The Tribe hereby authorizes the issuance of a temporary facility license not to exceed 7

days. The Licensing Director may renew temporary licenses for 7-day periods. 

c) The Tribe shall submit to the Chairman of the National Indian Gaming Commission a notice 

that a facility license is under consideration for issuance at least 120 days before opening 
Approved: May 15, 2019 

Page 16

any new place, facility, or location where Class II or Class III gaming will occur. The notice 

shall contain the following information:

1. The name and address of the property; 

2. A legal description of the property; 

3. The tract number for the property as assigned by the Bureau of Indian Affairs or 

Land Title and Records Offices; 

4. If not maintained by the Bureau of Indian Affairs, Department of the Interior, a copy 

of the trust or other deed(s) to the property or an explanation as to why such 

documentation does not exist; and 

5. If not maintained by the Bureau of Indian Affairs, Department of the Interior, 

documentation of the property’s ownership. 

d) The Tribe does not need to submit a notice that a facility license is under consideration for 

issuance for occasional charitable events lasting not more than a week. 

e) The Tribe must submit to the Chairman a copy of each newly issued or renewed facility 

license within 30 days of issuance. 

f) The Tribe must notify the Chairman within 30 days if a facility license is terminated or not 

renewed or if a gaming place, facility, or location closes or reopens. 

g) Each licensed facility shall prominently display the license for viewing by the public. 

h) The Tribe shall provide Indian lands or environmental and public health and safety 

documentation that the Chairman may in his or her discretion request. 

SECTION XVI – Gaming Permits

Class II 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 $3,000,000. 

SECTION XVII – 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 Gaming Commission 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: 
Approved: May 15, 2019 

Page 17

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. 

SECTION XVIII – License 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 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. 

b) 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. 

c) The 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 form that contains both the Privacy Act and false statement 

notices; or 

2. Sign a statement that contains the Privacy Act and false statement notices and consent 

to the routine uses described in that notice. 
Approved: May 15, 2019 

Page 18

SECTION XIX – License Fees

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

expenses in investigating and licensing Key Employees and Primary Management Officials of the 

gaming operation. 

SECTION 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 taken by the 

Tribe’s Licensing Department. Fingerprints will then be forwarded to the NIGC for processing 

through the FBI to determine the applicant’s criminal history, if any. 

SECTION XXI – Background Investigations

a) The Gaming Commission is responsible for conducting background investigations and 

suitability determinations. 

b) The 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 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; 

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: May 15, 2019 

Page 19

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 Conducting a Background Investigation on Applicants 

As a part of its review procedure, the Commission or its agent shall 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 years; 

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 licensing agency by contacting the agency; 

and 

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

areas noted. 

SECTION XXIII – Eligibility Determination

a) The 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. 
Approved: May 15, 2019 

Page 20

b) If the 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. 

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

official to work with Class II or Class III 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. 

SECTION XXIV – Procedures for Forwarding Applications and Reports to the National

Indian Gaming Commission 

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

operation authorized by this ordinance, the 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 Commission

a) The 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: 

1. Steps taken in conducting a background investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 

b) 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. 

c) The 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’s 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 
Approved: May 15, 2019 

Page 21

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 all potential problem areas noted and 

disqualifying information obtained. 

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

1. Shall notify the NIGC; and 

2. Shall forward copies of its eligibility determination and investigative report (if any) to 

the NIGC for inclusion in the Indian Gaming Individuals Records System. 

e) With respect to all employees and in particular key employees and primary management 

officials, the Gaming Commission shall retain applications for employment and reports (if 

any) of background investigations for inspection by the Chairman of the NIGC or his/her 

designee for no less than three (3) years from the date of termination of employment. 

SECTION XXVI – Granting a Gaming 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 Gaming Commission, acting for 

the Tribe, may issue a license to such applicant. 

b) The 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) The Tribe shall make the final decision whether to issue a license to any applicant. 

SECTION XXVII – License Renewal

a) All gaming licenses issued will 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. 
Approved: May 15, 2019 

Page 22

SECTION XXVIII – License Suspension/Revocation

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

information indicating that a key employee or primary management official is not eligible 

for employment, the Gaming Commission shall suspend such license and shall notify in 

writing the licensee of the suspension, proposed revocation, and the right to request a 

hearing. 

b) The 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 Gaming Commission shall decide to revoke or to reinstate 

a gaming license. The Gaming Commission shall notify the NIGC of its decision. 

SECTION XXIX – Appeal of Decision of the Commission

a) If the 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(s) for such decision, and deliver such notice to the person via certified mail, return 

receipt requested. 

b) If a person has been aggrieved by a licensing decision of the Gaming Commission, they 

may appeal the decision to the White Earth Tribal Court within 15 calendar days of the 

date the notice was received by the U.S. Postal Service or other carrier as evidenced by 

a dated receipt for same. 

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

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

capriciously, clearly erroneously, or in violation of the Constitution of the Minnesota 

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

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

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

e) 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. 

f) The Tribal Gaming Commission shall notify NIGC of any decision to revoke a gaming 

license. 

SECTION XXX – Licenses for Vendors

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

Commission in order to transact business with any gaming operation located on the White 

Earth Reservation. Contracts for professional legal and accounting services are excluded 

from this section. 
Approved: May 15, 2019 

Page 23

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, non-institutional 

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. 

SECTION XXXI – Contents of the Vendor License Application

a) Applications for gaming vendor licenses must include 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 incorporation, and the qualification to do 

business in the State of Minnesota 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, financial, or management interests in non-gaming 

activities; 

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

company had regularly done business for the last five (5) years; 

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.
Approved: May 15, 2019 

Page 24

SECTION XXXII – Vendor Background Investigations

a) The Gaming Commission shall complete an investigation of the gaming vendor. 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 conduct a Better Business Bureau 

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 information. 

b) A Vendor License from the Gaming Commission will require that any vendor for Class III 

Video Games have a valid license from either the State of Minnesota, New Jersey, Nevada 

or South Dakota. 

c) The 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 regulatory authorities. 

SECTION XXXIII – Vendor License Fee

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

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

Reservation. 

SECTION XXXIV – Vendor Background Investigation Report

a) The Gaming Commission shall review a vendor, the principals of the business, their 

history, credit, associations and any other relevant information deemed necessary for 

consideration of a vendor license; 

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

taken in the background investigation of the gaming vendor and its principals; 

c) If the Gaming Commission determines that the vendor license would pose 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 vendor license may not be granted. 

SECTION XXXV – Licenses for Non-Gaming Vendors

For non-gaming vendors, the Gaming Commission is authorized to create a less stringent vendor 

licensing process, including a due diligence check rather than a full background investigation. 
Approved: May 15, 2019 

Page 25

The Gaming Commission may investigate such vendors when appropriate and may conduct 

audits in addition to monitoring Tribal purchases. 

SECTION XXXVI – Inspection of Premises

a) The premises where authorized gaming activities are being conducted shall be subject to 

inspection and audit at any reasonable time by persons designated by the Gaming 

Commission (or designee), with or without notice as follows: 

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 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 and other applicable laws, rules and/or regulations. 

c) Any agent of the Gaming Commission is required to prominently display an identification 

card while performing service on behalf of the Commission. 

SECTION XXXVII – Environment and Public Health and Safety

Gaming facilities shall be constructed, maintained and operated in a manner that adequately 

protects the environment and the public health and safety. 

Each facility is subject to a annual environmental and public health and safety inspections by the 

Gaming Commission designee. Any deficiencies noted from the inspection will be provided to the 

operator, and such deficiencies must be corrected within 30 days. Failure to correct deficiencies 

within 30 days will result in penalties up to and including closure. 

SECTION XXXVIII – Violations and Sanctions

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

the provisions of this Ordinance without a gaming license, or in violation of the terms 

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

Gaming Commission on that Gaming License, or in violation of any other provision of this 

Ordinance and regulations promulgated hereunder, or amendments hereto, shall be in 

violation of the Ordinance. This provision shall apply to any person who is upon any 

premises licensed by this Ordinance without the consent of the licensee and/ or the 

Gaming Commission. 
Approved: May 15, 2019 

Page 26

b) Violation of any provision of this Ordinance or any of the Gaming Commission's 

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

1. Shall be deemed contrary to the public safety, good order, and general welfare of the 

Band and its members; 

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

revocation of a license; 

3. May be grounds for filing a complaint with the 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 regulations 

and/or conditions of the Gaming Commission and by the provisions of this Ordinance, and 

the regulations promulgated hereunder, and as the same may informed of the contents of 

all such regulations, provisions, and conditions, and ignorance thereof will not excuse the 

violations. 

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

Ordinance. The following provisions shall govern the response of the Gaming 

Commission to violations: 

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

 Separate violations shall be heard as separate offenses before the Gaming 

Commission and/or prosecuted by a court of appropriate jurisdiction; 

2. All property used in each and every separate violations of this Ordinance may become 

the property of the Band. All property used in each and every separate violation of 

this Ordinance may be subject to forfeiture following a hearing; 

3. Violators may also be required to pay court costs, storage fees, and auction or sales 

fees; 

4. Persons may be excluded or ejected from Gaming Enterprises or prohibited from 

trespassing on premises licensed under this Ordinance and may be subjected to civil 

penalties or sanctions for violating any provision of this Ordinance; 

5. Licenses may be suspended, revoked, or limited and/or Gaming Establishments may

be forcibly closed; 

6. Winnings found to have been received in violation of this ordinance may be confiscated 

and may, following a hearing, be forfeited and become the property of the Tribe; 

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. 
Approved: May 15, 2019 

Page 27

SECTION XXXIX – Civil Penalty Provisions

It shall be a civil violation of the laws of the Tribe to disobey the provisions of this Ordinance or 

any regulations promulgated by the Gaming Commission, or any proper order issued under the 

authority of this Ordinance. Any person or Licensee found to be guilty of such violation may be 

assessed a civil penalty. 

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

Ordinance, and any regulations promulgated by the Gaming Commission under the authority 

provided in this Ordinance. Civil penalties may be imposed in addition to the imposition of any 

other sanctions permitted under this Ordinance, including but not limited to suspension or 

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

imposed up to the amount of $25,000.00 for each individual violation, exclusive of any restitution. 

SECTION XL – Exclusion of Individuals from Gaming Activities

a) Any operator shall have the authority and discretion to exclude from gaming activities or 

gaming facilities, any individual who: 

1. Appears to be under the influence of intoxicants; 

2. Appears to be losing an unreasonable amount of money at gaming activities; 

3. Appears to be violating rules or regulations governing gaming activities as established 

by the Commission or the Operator; or 

4. By virtue of his condition or activities, disturbs the peaceful participation of other 

individuals in gaming activities or disrupts the orderly conduct of the gaming activity; 

b) An operator may make reasonable inquiries of individuals in the course of determining 

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

c) An operator who excludes any individual pursuant to this section shall not incur any 

liability, criminal or civil, as a result of an exclusion under this section. 

SECTION XLI – Patron Dispute Resolution

The 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 person may request the Gaming Commission review the incident. A decision shall be 

issued within fourteen (14) business days of receipt of the written request. 
Approved: May 15, 2019 

Page 28

c) A grievant who disagrees with the decision of the Gaming Commission, may appeal the 

decision to the White Earth Tribal Court within 14 days of the notification from the Gaming 

Commission. 

SECTION XLII - Sovereign Immunity

The White Earth Tribal Council acting for and on behalf of the Tribe by this enactment, does 

expressly retain and does not in any way waive its sovereign immunity as expressed in treaties, 

laws or in any other manner. 

SECTION XLIII – Agent for Service of Process

The Tribe hereby designates the Tribal Chair as agent for service of process, who may be 

contacted at: 

Tribal Chair 

White Earth Reservation Tribal Office 

35500 Eagle View Road 

P.O. Box 418 

White Earth, MN 56591 

SECTION XLIV – Compliance with Federal Law and Tribal-State Compact

The Tribe will comply with all applicable federal laws, including the Bank Secrecy Act, 31 U.S.C. 

§ 5311 as well as the Tribal-State Compact. 

SECTION XLV – Repeal

To the extent that they are inconsistent with this ordinance, all prior gaming ordinances 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 order after all appellate jurisdiction is exhausted, such 

judgment shall not invalidate or render unenforceable any other remaining provisions of this 

ordinance. Until such final order is entered and review exhausted, the questioned provisions shall 

be valid absent an enforceable injunction to the contrary. 
Approved: May 15, 2019 

Page 29