CHAPTER XVII -- TRIBAL GAMING ORDINANCE

17.1 SECTION 1: INTRODUCTION

17.1.1 TITLE. This ordinance shall be known as the Red Cliff

Tribal Gaining Ordinance.

17.1.2 AUTHORITY. This ordinance is enacted pursuant to

Article VI, Section 1 (p) of the Constitution and By

laws of the Red Cliff Band of Lake Superior Chippewa

Indians of Wisconsin, and in accordance with the

provisions of the Indian Gaining Regulatory Act, 25

U.S.C. sec. 2710 (1990).

17.1.3 PURPOSE. The purpose of this ordinance is to regulate

gaming activity conducted by the Red Cliff Band.

17.1.4 EFFECTIVE DATE. This ordinance shall be effective on

the date of enactment by the Red Cliff Tribal Council.

17.1.5 ABROGATION AND GREATER RESTRICTIONS. Where this

ordinance imposes greater restrictions than those

contained in other tribal ordinances, the provisions of

this ordinance shall govern.

17.1.6 INTERPRETATION. In their interpretation and

application, the provisions of this ordinance shall be

held to be minimum requirements and shall be liberally

construed in favor of the Tribe and shall not be deemed

a limitation or repeal of any other Tribal power or

authority.

17.1.7 SEVERABILITY AND NONLIABILITY. If any section,

provision or portion of this ordinance is adjudged

unconstitutional or invalid by a court of competent

jurisdiction, the remainder of this ordinance shall not

be affected thereby. The Tribe asserts there is no

liability on the part of the Red Cliff Band of Lake

Superior Chippewa Indians, its agencies or employees

for damages that may occur as a result of reliance

upon, and conformance with this ordinance.

17.1.8 REGISTERED AGENT. All notices required or authorized

to be served by 25 C.F.R. sec. 501 et seq. or under

this ordinance and any legal process shall be served

personally upon the Chairperson of the Red Cliff Tribal

Council. Nothing in this section or in this ordinance

shall be construed to as a waiver of the Tribes

sovereign immunity from suit.
CHAPTER XVII - TRIBAL GANING ORDINANCE (CONT...)

17.2 SECTION 2: DEFINITIONS

17.2.1 GENERALDEFINITIONS. For the purpose of this

ordinance, the following definitions shall be used.

Words used in the present tense include the future; the

singular includes the plural; and the plural includes

the singular. The word shall is mandatory and the

word may is permissive.

17.2.2 Casino, as used herein, shall refer to any tribal

gaining facility where games of blackjack are conducted.

17.2.3 Class I Gaming, Class II Gaming and Class III

Gaming activities shall have the meanings ascribed to

them by the Indian Gaming Regulatory Act, 25 U.S.C.

sec. 2701, et seq.

17.2.4 Council, as used herein, shall refer to the Red Cliff

Band of Lake Superior Chippewas.

17.2.5 Compact, as used herein, shall refer to the Red Cliff

Band of Lake Superior Chippewas/State of Wisconsin

Gaming Compact of 1991, as executed on December 12,

1991, together with such amendments as may from time to

time accrue pursuant to provisions in Parts IV and XXX

of said Compact.

17.2.6 Felony, as used herein, shall refer to any offense

for which the maximum sentence of penalty imposable

includes a term of incarceration exceeding one year.

17.2.7 Gaming Commission shall mean the Red Cliff Gaming

Commission, as set forth at sec. 17.10 of this Chapter.

17.2.8 Immediate family member is here defined as a

spouse, mother, father, sister, brother, daughter, or

son.

17.2.9 Key employee means any person who performs one or

more of the following functions:

a. Bingo caller;

b. Counting room supervisor;

c. Chief of security;

d. Custodian of gaming supplies or cash;

e. Floor manager;

f. Pit boss;

g. Dealer;

h. Croupier;

i. Approver of credit; or

j. Custodian of gambling devices including

persons with access to cash and accounting

records within such devices;
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CaNT...)

If not otherwise expressly listed in (a) (j) above,

key employee also includes the four most highly

compensated persons in a tribal gaining facility, as

well as any other person whose total cash compensation

exceeds~$50,000 per year from the gaining facility.

17.2.10 Person acting under the authority or auspices of the

Tribe, as used herein, shall refer to 1) persons

employed by the Tribe for the specific purpose of

managing, conducting or participating in the conduct of

Class III games; and 2) persons acting pursuant to a

written management contract. Any other person,

including persons alleging oral authorization by the

Tribe, shall be regarded as a nonauthorized person

for the purposes of this Ordinance.

17.2.11 Primary management official means:

(a) The person having management responsibility for a

management contract.

(b) Any person who has authority:

(1) To hire and fire employees; or

(2) To set up working policy for the gaming

operation; or

(c) The chief financial officer or other person who

has financial management responsibility.

17.2.12 Reservation, as used herein, shall refer to the Red

Cliff Chippewa Reservation.

17.2.12 Tribe, as used herein, shall refer to the Red Cliff

Band of Lake Superior Chippewas.

17.3 SECTION 3: GAMES ALLOWED

17.3.1 Under license issued by the Red Cliff Tribal Council,

and upon such terms and conditions set forth in said

license,: the following Class III games may be conducted

under tribal auspices on tribal property within the

confines of the Red Cliff Chippewa Reservation:

blackjack, electronic games of chance with video

display, electronic games of chance with mechanical

display, pulltabs where played outside Class II

premises, and such other games as may from time to time

be authorized pursuant to Part IV of the Compact.

17.3.2 No person acting under the authority or auspices of the

Tribe shall conduct, or participate in the conduct of

any Class III game on the Reservation other than the

gaines provided in Section 17.3.1 above.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

17.3.3 No nonauthorized person shall conduct or participate

in the conduct of any Class III game on the

Reservation.

17.3.4 The Tribe shall have the sole properiety interest in

and responsibility for the conduct of any gaining

operation authorized by this ordinance.

17.3.5 The Tribe shall issue a separate license to each place,

facility, or location on Indian lands where class II

gaming is conducted under this ordinance.

17.4 SECTION 4: USE OF GAMING REVENUES

7.4.1 (a) Net revenues from class II gaming shall be used

only to fund tribal government operations and programs;

provide for the general welfare of the Tribe and its

members; promote tribal economic development; donate to

charitable organizations; or help fund operations of

local government agencies.

(b) If the tribe elects to make per capita payments

to tribal members, it shall authorize such payments

only upon approval of a plan submitted to the Secretary

of the Interior under 25 U.S.C. sec. 2710(b)(3).

17.5 SECTION :5 RULES OF PLAY

17.5.1 All games conducted pursuant to Section 17.3.1 above

shall be conducted in accordance with the rules of play

pertinent to such game as set out in Parts XV through

XVII of the Compact, as supplemented by such more

specific rules as may be promulgated and approved

pursuant to Section 17.10 below.

17.5.2 Casino Hours: No casino shall remain open longer than

24 hours in any one day provided, that blackjack shall

be conducted no more than 18 hours during any one day.

Hours of play shall be established by casino management

and publicly displayed at each casino.

17.5.3 Age Limits: No person under the age of 18 may play or

be permitted to play, any Class III game; nor shall any

prize or winning be paid to such person notwithstanding

that, by their play, they had otherwise qualified for

such a prize or winning.

17.5.4 No person under the age of 18 may conduct or be

employed in the conduct of any Class III gaming

activity.

17.5.5 No person who is visibly intoxicated shall be permitted to play any Class III game.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

17.5.6 No person acting under the authority or auspices of the

Tribe shall extend credit to any person for purposes of

gaming, nor shall any other person be allowed to extend

such credit for a fee while on tribal premises, other

than by means of bank card or credit card transactions

such as would normally be permitted at retail

businesses located within the state.

17.5.7 No person employed in any Tribal Class III gaming

activity, shall play at any Tribal Class III facility,

nor permit any other person employed there to play at

said facility, except as otherwise provided by

affirmative vote of the Red Cliff Tribal Council.

17.5.8 Any immediate family member of an employee subject to

Section 17.5.7 above, and any other family member

residing in the same household as such employee, shall,

prior to playing at any session of such facility,

notify the manager or managers designee thereof of

their entrance, and shall be allowed to play subject to

the discretion of said manager; provided, however, that

no such persons shall be allowed to play at any

blackjack table where the aforementioned employee is on

duty.

17.5.9 Any person, whether player, employee or other person,

who, by tampering with or counterfeiting equipment, or

violation of the rules of play, shall defraud the Tribe

or attempt to do so, in addition to any other penalty

required by this Ordinance or other applicable law,

shall be liable to the Tribe in the amount of any

monies lost to the Tribe, including the costs of

investigation and the conduct of legal proceedings.

17.6 SECTION 6: MANAGEMENT CONTRACTS

17.6.1 No proposal for management by persons other than tribal

employees shall be considered by the Red Cliff Tribal

Council unless submitted in writing; and

(a) Shall state the names and addresses of all the

principals involved in the management enterprise.

If the proposed management enterprise is a

corporation the proposal shall state the name and

address of each officer, and, if not publicly

held, the name, address and percentage holding of

each stockholder. If the proposed management

enterprise is a partnership or joint venture, the

proposal shall contain the name and address of

each partner, and the percentage interest held by

that partner;
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

(b) Shall state clearly in general but concrete terms

the services proposed, the duration of the

agreement and the nature of the compensation

sought;

(c) Shall not state or propose any term in violation

of 25 U.S.C. sec. 2711; and, where compensation in

excess of 30% of net revenues, or a duration in

excess of five years is proposed, shall state with

particularity the exceptional circumstances

justifying such amount or term.

(d) Shall show evidence of issuance of a Wisconsin

Lottery Board Certificate, or, in the absence of

such Certificate, state that application has been

made, the date thereof, and that application has

not been rejected.

17.6.2 No management contract shall be approved unless:

(a) The text of such contract is arrived at or

submitted to the Council at least ten days prior to the Council meeting at which approval is

sought; and

(b) the terms of the contract meet the restrictions

imposed under 25 U.S.C. sec. 2711 and Chapter VIII

of the Compact; and

(C) The Council has conducted appropriate

investigation and found the facts necessary to

determine that the proposed contractor, including

all relevant personnel, meet the qualifications

imposed under 25 U.S.C. sec. 2711, Chapters VII

and VIII of the Compact, and Sections 17.6 and

17.13.1 of this Ordinance.

17.7 SECTION 7: GAMING VENDORS

17.7.1 No agreement shall be entered into with any person,

partnership or corporation for the purchase, lease or

provision of services, supplies, or equipment unique to

the operation of Class III gaming, in an amount

exceeding $10,000 in any year, unless said contractor

holds a certificate issued by the Wisconsin Lottery

Board pursuant to Section VII(C) of the Compact, or is

exempt from such requirement pursuant to Section VII(H)

of the Compact.

17.7.2 No person employed by the Tribe in the conduct of

gaming may have a direct or indirect interest, or be

employed by, any person who has entered into a Class

III gamingrelated contract with the Tribe.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

17.8 SECTION 8: CONSENT TO JURISDICTION

17.8.1 Any nonmember participating under a gaming management

contract with the Tribe, participating in a

vendor/lessor relationship related to Class III gaming,

and any other nonmember employed in the conduct of

Class III gaming, shall by virtue of such participation

or employment be deemed to have consented to the

jurisdiction of the Red Cliff Band of Lake Superior

Chippewas and its courts.

17.8.2 In addition, any nonmember player at a tribal Class

III gaming facility shall be deemed, by virtue of such

play, to have consented to the jurisdiction of the

Tribe in relation to disputes arising from their

presence and play at such facility.

17.9 SECTION 9: BACKGROUND INVESTIGATIONS

17.9.1 (a) The Red Cliff Band of Lake Superior Chippewas

Indians, acting through its Tribal Council

maintains the responsibility and authority for

conducting background investigations and

suitability determinations with respect to all

persons involved in its gaming operations, as more

fully set forth herein.

(b) The Red Cliff Gaming Commission shall have the

responsibility and authority to issue or deny

licenses to all key employees and primary

management officials, as more fully set forth in

this Chapter 17.

17.9.2 (a) The Red Cliff Gaming Commission shall conduct

and/or cause to be conducted all background

investigations required by the Indian Gaming

Regulatory Act (IGRA), the regulations set forth

at 25 C.F.R. sec. 501 et seq., and otherwise

required by this section. Upon completing its

investigation(s), the Commission shall forward the

results to the Red Cliff Tribal Council, who shall

conduct its review and provide any comments within

30 days. After considering any comments from the

Tribal Council, the Gaming Commission shall

forward its final report to the National Indian

Gaming Commission. If the Tribal Council provides

no comment, the results of any investigation(s)

performed by the Red Cliff Gaming Commission shall

be forwarded to the National Indian Gaming

Commission forthwith.

(b) The authority and responsibility of the Red Cliff

Gaming Commission for investigations under this

section shall include:
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

(1) reviewing and approving all investigative

work done;

(2) reporting the results of all background

investigations to the Red Cliff Tribal

Council, who shall then forward the same to

the National Indian Gaming Commission;

(3) obtaining and processing fingerprints;

(4) making suitability determinations; and

(5) Any and all other actions deemed necessary or

appropriate by the Red Cliff Tribal Council

in connection with its duties and

responsibilities set forth in this section.

17.9.3 Minimum investigative procedures to be performed under

this section include the following:

(a) Verification by written or oral communication

information submitted by applicant.

(b) Inquiry into the applicants prior activities,

criminal record, if any, and reputation, habits

and associations. This includes interviewing a

sufficient number of knowledgeable people such as

former employers, personal references, and others

to whom referred in order to provide a basis for

the tribe to make a finding concerning the

eligibility for employment in a gaming operation.

(c) Documenting the disposition of all potential

problem areas noted and disqualifying information

obtained.

17.9.4 The Tribe shall request from each primary management

official and from each key employee all of the

following information:

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

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

birth, citizenship, gender, all languages (spoken

or written);

b. Currently and from the previous 5 years: business

and employment positions held, ownership interests

in those businesses, business and residence

addresses, and drivers license numbers;

c. The names and current addresses of at least three

personal references, including one personal
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

reference who was acquainted with the applicant

during each period of residence listed under

paragraph (1)(b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous

business relationships with Indian tribes,

including ownership interests in those businesses;

f. A description of any existing and previous

business relationships with the gaming industry

generally, including ownership interests in those

businesses;

g. The name and address of any licensing or

regulatory agency with which the person has filed

an application for a license or permit related to

gaming, whether or not such license or permit was

granted;

h. For each felony for which there is ongoing

prosecution or a conviction, the charge, the name

and address of the court involved, and the date

and disposition if any;

i. For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations), within 10 years of the date of

application, the name and address of the court

involved and the date and disposition;

j. For each criminal charge (excluding minor traffic

charges), whether or not there is a conviction if

such criminal charge is within 10 years of the

date of the application and is not otherwise

listed pursuant to paragraph (h) or (1) of this

section, the criminal charge, the name and address

of the court involved and the date and

disposition;

k. The name and address of any licensing or

regulatory agency with which the person has filed

an application for an occupational license or

permit, whether or not such license or permit was

granted;

1. A current photograph;

m. Any other information the Tribe deems relevant;

and
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

n. Fingerprints consistent with procedures adopted by

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

In conducting a background investigation, the Tribe and

any person acting on behalf of the tribe shall keep

confidential the identity of each person interviewed in

the course of the investigation.

17.9.5 (a) Upon completing the minimum investigative

procedures set forth in sec.17.9.3 and reviewing

all information submitted by the applicant

pursuant to sec. 17.9.4, the Red Cliff Gaming

Commission shall issue an investigative report

setting forth:

(1) Steps taken in conducting the background

investigation;

(2) The results obtained; as a result of the

investigation;

(3) The conclusion reached; and

(4) The bases for those conclusions.

(b) The report shall then be forwarded to the Red

Cliff Tribal Council for its review as provided in

sec. 17.9.2. After considering any Tribal Council

comment, the Red Cliff Gaming Commission shall

then forward the report to the National Indian

Gaming Commission, and shall include a

determination on whether the persons prior

activities, criminal record, if any, and

reputation, habits and associations 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 activities in the

conduct of gaming.

17.9.6 No tribal gaming facility shall employ a key employee

or primary management official whom the Tribe has

deemed unsuitable under sec. 17.9.5.

17.9.7 (a) When a key employee or primary management official

begins work at a gaming operation authorized by

this ordinance, the Red Cliff Gaming Commission

shall forward to the National Indian Gaming

Commission a completed application for employment

and conduct the background investigation and make

the determination referred to in secs. 17.9.5 and

17.9.6.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(b) The Red Cliff Gaining Commission shall forward the

report referred to in sec. 17.9.5 to the National

Indian Gaining 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 operation shall not employ as a key

employee or primary management official a person

who does not have a license after 90 days.

17.9.8 (a) If, within a thirty (30) day period after the

National Indian Gaining Commission receives a

report, the National Indian Gaming Commission

notifies the Tribe that it has no objection to the

issuance of a license pursuant to a license

application filed by a key employee or a primary

management official for whom the Tribe has

provided an application and investigative report

to the National Indian Gaining Commission, the

Tribe may issue a license to such applicant.

(b) The Tribe 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 day period under sec. 17.9.9(a)

until the Chairman of the National Indian Gaming

Commission receives the additional information.

(c) If, within the thirty (30) day period described

above, the National Indian Gaming Commission

provides the Tribe with a statement itemizing

objections to the issuance of a license to a key

employee or to a primary management official for

whom the Tribe has provided an application and

investigative report to the National Indian Gaming

Commission, the Tribe shall reconsider the

application, taking into account the objections

itemized by the National Indian Gaming Commission.

The Red Cliff Tribal Council shall make the final

decision whether to issue a license to such

applicant.

17.9.9 (a) If a license is not issued to an applicant, the

Red Cliff Gaming Commission shall notify the

National Indian Gaining Commission, and may forward

copies of its eligibility determination and

investigative report (if any) to the National

Indian Gaming Commission for inclusion in the

Indian Gaming Individuals Records System.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(b) With respect to key employees and primary

management officials, the Red Cliff Gaming

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.

17.9.10 License Suspension

(a) If, after the issuance of a gaming license, the

Tribe receives from the National Indian Gaming

Commission reliable information indicating that a

key employee or a primary management official is

not eligible for employment under sec. 17.13, the

Red Cliff Gaming Commission shall suspend such

license and shall notify in writing the licensee

of the suspension and the proposed revocation.

The Commission shall then notify the licensee of a

time and a place for a hearing on the proposed

revocation of a license.

(b) The Red Cliff Tribal Gaming Commission has the

authority to suspend gaming licenses for just

cause. Just cause is violation of Chapter 17

Tribal Gaming Ordinance, the Tribal/State Compact,

or the Indian Gaming Regulatory Act. If a

violation occurs the Red Cliff Gaming Commission

shall suspend such license and shall notify in

writing the licensee of the suspension and the

proposed revocation. The Commission shall then

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 Red Cliff Gaining

Commission shall decide to revoke or to reinstate

a gaming license. The Commission shall notify the

National Indian Gaming Commission of its decision.

17.9.11 Fingerprints The Red Cliff Tribal Police Department

shall be responsible for taking all fingerprints

required under this ordinance.

17.10 SECTION 10: GAMING COMMISSION

17.10.1 There is, hereby created a Red Cliff Tribal Gaming

Commission, composed of a Chair, ViceChair, Secretary

and two (2) at large members, all of whom shall be

tribal members, whose qualifications, terms, method of

appointment, duties and remuneration shall be as

follows:
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

17.10.2 Term Except as provided in section 17.8.3 below, the

commissioners shall serve one year terms, subject to

renewal, said terms beginning with the first Council

meeting in October.

17.10.3 The term of the first commissioners appointed pursuant

to this Ordinance shall begin at such date as the

Council shall designate and terminate at the following

January or the next following January, as the Council

shall sO designate at the time of appointment.

17.10.4 qualifications In addition to meeting the

qualifications imposed under Section 17.13.1 below, an

applicant for commissioner shall:

(a) Be at least 21 years of age; and

(b) Shall have no financial interest in any management

or vendor contract, nor any management

responsibility for any Class III gaming facility.

17.10.5 Appointment Persons seeking appointment as

commissioner shall submit their resume to the Council

no later than December 1st.

17.10.6 In their application for appointment applicants shall

expressly state their consent to the conduct of such

background investigations as the Council may deem

necessary, including but not limited to the checks

necessary to determine criminal background, and shall

be required to submit fingerprints and such other

information as may be necessary to facilitate such

checks.

17.10.7 Except for appointments to the first term pursuant to

Section 17.10.3 above, the Council shall make its

appointments and/or renew existing appointments at the

first meeting in December of each year.

17.10.8 Duties Except as otherwise provided, the Commission

and shall convene monthly for the following purposes:

(a) To communicate on a regular monthly basis, to the

membership, through public meetings, newsletters

or other means, summary reports as to the economic

returns of the Class III gaming facilities,

together with the names of the current managers

and/or management organizations.

(b) To facilitate such communication each Class III

facility manager shall transmit to the Commission

on at least a monthly basis a short written
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

summary of the economic returns of said facility,

and, at the direction of the Commission or the

Tribal Council, to appear at Commission meetings

to elaborate on such summaries.

(C) To collect, summarize and report monthly to the

Council such suggestions or other information as

may be submitted by tribal members regarding Class

III gaining; and, where expressly directed to do so

by the Council, to investigate and/or make

recommendations on such subjects.

(d) Upon the direction of the Council, to investigate

and/or make recommendations on commercial

prdposals, management policies, personnel

complaints, and charges of violations of law or

the rules of play of Class III facilities.

(e) To review regulations and policy statements

submitted by gaining managers for clarity,

workability and consistency, and, within 60 days

of submission, to report said regulations or

policies, with their recommendations to the Tribal

Council.

(f) To review and resolve player disputes submitted to

it in writing, pursuant to Part V(E) of the

Compact and Section 17.11.7 of this Ordinance.

(g) To maintain updated records and copies of

compacts, ordinances, rules of play and other

Class III gaming regulations and policies approved

by the Council.

(h) Upon application by the Council or any gaining

manager, to commission the conduct of a background

check by the Wisconsin Department of Justice or

the Federal Bureau of Investigation or any other

comparable state of tribal law enforcement agency,

and to maintain records received in confidence,

subject only to access by the Council or the

originally requesting authority.

17.10.9 Powers The Commission shall have the authority and

power to direct playergrievants, managers, gaming

employees and other tribal members with personal

knowledge to attend such hearings as it may choose to

conduct on the player grievance, pursuant to Section

17.11.7 of this Ordinance, and upon direction of the

Council pursuant to paragraph 17.10.8(f) above, shall

exercise similar authority and power, such authority to

include business principals, vendors, lessors and their
CHAPTER XVII -- TRIBAL GANING ORDINANCE (CONT...)

employees. The Commission shall exercise such other

authority as granted by this ordinance or by the Tribal

Council.

17.10.10 Compensation For their services commissioners shall

receive a sum for each day or portion thereof devoted

to the monthly meetings, hearings or investigations

directed by the Council or this Ordinance, such sum to

be established at the discretion of the Council prior

to the beginning of a Commission term, together with

the expenses of such investigations as they are

directed to conduct.

17.11 SECTION 11: DISPUTE RESOLUTION

17.11.1 It shall be the responsibility of the gaming manager

with responsibility for a particular Class III

facility, or their designee, to resolve such disputes

as may be initiated by a player arising from the

conduct of play at such facility.

17.11.2 The name of the manager with responsibility for a

specific Class III facility shall be prominently

displayed at such facility.

17.11.3 At all times when the manager is not available said

manager shall designate a specific person as the

manager designee for purposes of dispute resolution and

the name of the person so designated at that specific

time and place shall also be prominently displayed.

Such designee shall act in the place of the manager to

resolve disputes during the time authorized.

17.11.4 Any aggrieved player shall immediately bring such

grievance to the notice of the employee(s) involved,

and, if unsatisfied by the result, thereupon

immediately bring such grievance to the attention of

the manager or designee.

17.11.5 Any delay in the report of such a grievance to the

gaming manager or designee may be considered by the

gaming manager as mitigating against the grievance.

Failure to report the grievance during the session at

which the grievance allegedly arose may, at the

discretion of the manager or designee, justify the

summarydismissal of the grievance.

17.11.6 Except where circumstances require further

investigation or consultation, the manager/designee

shall deliver their decision during the session at

which the grievance is brought to their attention.

Upon request of the player, the manager/designees

decision shall be made in writing and timestamped.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

17.11.7 A player who has timely submitted a grievance for

resolution by the manager/designee and who is

dissatisfied with the result may appeal such decision

to the Red Cliff Gaming Commission.

17.11.8 Such appeal shall be in writing, contain a statement of

the facts and grounds for appeal, and shall be

delivered or postmarked within five days of the

occurrence giving rise to the grievance.

17.11.9 Where the manager/designees decision is delayed beyond

the session at which the grievance allegedly arose, the

time for appeal shall be five days from the date the

manager/designee delivers their decision.

17.11.10 Where the casino/manager summarily dismisses a

grievance for delay beyond the day of occurrence in

bringing the grievance, the Commissions initial review

shall consist solely in determining whether there had

been such delay; the Commission shall proceed to the

merits only if it determines that there had been no

such delay.

17.11.11 Notice of these dispute resolution procedures, or a

summary thereof, shall be posted at each gaming

facility, and shall contain the address(es) of the

Gaming Commission to which written appeals may be sent

or delivered.

17.12 SECTION 12: GAMING MANAGERS

17.12.1 For each casino, whether tribally managed or managed

pursuant to a management contract, the Council shall

establish and publish the name of the individual

designated as Gaming Manager for that facility. In no

case, other than in an emergency and for a period not

to exceed 30 days, shall the Council designate the same

person as manager of more than one casino.

17.12.2 The Council shall similarly designate managers for each

Class III facility other than a casino, said managers

to include persons with responsibility for one or more

other facilities.

17.12.3 MANAGERS DUTIES

(a) To hire and promote employees pursuant to such

policies as may from time to time be promulgated

or approved by the Council, and at such salary

ranges and other compensation as may be directed

by the Council or established by

regulations/policies approved by the Council.
CHAPTER XVII  TRIBAL GAMING ORDINANCE (CONT...)

(b) To supervise, manage and discipline said

employees, pursuant to regulations/policies

promulgated or approved by the Council.

(c) To enter into agreements for the purchase or lease

of gaming services, supplies, equipment and

promotion, except:

(1) Any agreement in excess of $2,500 but not

exceeding $5,000 shall require approval of

the Tribal Chairman and the Tribal Treasurer.

(2) Any agreement in excess of $5,000 shall

require the approval of the Council.

(d) To enter into agreements for the purchase or lease

of services, supplies and equipment for the repair

and maintenance of the facility, subject to the

restrictions set forth in (C) of this section.

(e) To draft regulations and policies relating to

personnel, purchasing and leasing, promoting and

other management concerns, and hours and rules of

play, preferably in consultation, cooperation and

joint agreement with other managers, for approval

by the Red Cliff Tribal Council.

(f) To operate such Class III games as are authorized

at the facility for which they are responsible,

together with purveying related food and liquor

services, pursuant to the Compact and such more

specific directions as the Council may from time

to time establish.

(g) To submit monthly financial reports, detailing at

a minimum (a) an itemized statement of the gross

receipts, (b) an itemized list of total

expenditures, (c) a balance sheet/income statement

for their facility, prepared in accordance with

generally accepted accounting principles, and (d)

the: beginning and ending balance in each gaming

facility account, together with their identifying

number and location. Pursuant to paragraph

X(D)(l)(a) of the Compact, a summary of such

report shall be submitted monthly to the Gaming

Commission.

17.13 SECTION 1.3: GENERAL GAMING PERSONNEL STANDARDS

17.13.1 Notwithstanding any other provision herein or in any

other tribal law, no person shall be appointed by the

Council to the Gaming Commission or to any gaming
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

management position, nor employed by management at any

Class III gaining facility, nor shall be allowed to

continue in such appointment or employment, who has

been convicted of, or entered a plea of guilty or no

contest to, any of the following, unless the person had

been pardoned:

(a) A felony, other than a felony conviction for an

offense under sections (b) through (d) below,

during the iimuediately preceding ten (10) years;

(b) Any gambling related offense;

(c) Fraud or misrepresentation in any connection; or

(d) A violation of Chapters 562 or 565, Wis. Stats., a

rule promulgated by the Lottery Board or Wisconsin

Racing Board, or a tribal ordinance regulating or

prohibiting gaining.

17.13.2 (a) Irrespective of whether such person qualifies

under section 17.13.1 above, anyone determined by

the appointing or employing authority to be a

person whose prior activities, criminal record if

any, or reputation, habits, and associations pose

a threat to the public interest or to the

effective regulation and control of gaining, or

create or enhance the dangers of unsuitable,

unfair, or illegal practices, methods, or

activities in the operation of gaming or the

carrying on of the business and financial

arrangements incidental thereto, shall be

prohibited from holding any of the positions

enumerated in sec. 17.13.1.

(b) The Tribal Council shall review a persons prior

activities, criminal record, if any, and

reputation, habits and associations to make a

finding concerning the eligibility of a key

employee or primary management official for

employment in a gaming operation. If the Tribal

Council determines that employment of the person

poses a threat to the public interest or to the

effective regulation of gaming, or creates or

enhances dangers of unsuitable, unfair, or illegal

practices and methods and activities in the

conduct of gaming, a tribal gaming operation shall

not employ that person in a key employee or

primary management official position.
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

17.13.3 The Council or other appointing or employing authority

shall conduct a criminal background check and such

other investigation as may be deemed necessary prior to

the appointment or employment of any person subject to

the standards in sections 17.13.1 and 17.13.2 above.

17.13.4 All records pertaining to the investigation and

determinations required by sections 17.13.1 and 17.13.2

above shall be retained by the appointing/employing

authority for a period of at least 7 years.

17.13.5 In the case of a tribal member, the disqualifying

conditions set forth in section 17.13.1 may be waived

by express resolution of the Council, should the

Council find, upon written application of the member,

that the member has demonstrated to the Council

evidence of sufficient rehabilitation and present

fitness.

17.13.6 A tribal member seeking a resolution of rehabilitation

shall submit a written application detailing the

specific details of (a) their offense(s), (b) the

specific penalties imposed on them for the offense(s),

and (c) the details of their postconviction history,

including but not limited to their residence,

employment, personal and social associations, together

with such other documentation and evidence that they

can provide.

17.13.7 The application for rehabilitation shall be brought

forward at least one Council meeting prior to the

Council making its determination.

17.13.8 The burden of proof shall be on the applicant, and a

negative determination of the Council shall preclude

the applicant from making a new application for a

period of 1 year.

17.13.9 Persons subject to this Chapter shall be reviewed at

least once every 2 years to determine whether they

continue to meet the standards imposed under sections

17.13.1 and 17.13.2.

17.14 SECTION 14: ENFORCEMENT

17.14.1 In addition to firing or other disciplinary action

taken by the Tribe, Gaining Commission or their agents

in their role as employer, an employee, player or other

person subject to this Ordinance shall be subject to a

forfeiture of up to $5,000 plus costs for violation of

Section 17.3.2 above, or violation of any provision or

rule of play, other than Section
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

17.5.9, set forth or incorporated in Part 4 of this

Ordinance.

17.14.2 In addition to firing or other disciplinary action

taken by the Tribe, Gaining Commission or their agents

in their role as employer, an applicant, employee,

appointee, player or other person who makes a false

statement or representation in connection with any

application for a management contract, for employment

or for appointment in connection with Class III gaining,

including but not limited to representations in

connection with Section 17.9.4 ~ seq and Part 11 of

this Ordinance, shall be subject to a forfeiture of up

to $5,000 plus costs.

17.14.3 In addition to firing or other disciplinary action

taken by the Tribe, Gaining Commission or their agents

in their role as employer, an employee, player or other

person who violates Sections 17.3.3 or 17.5.9 of this

Ordinance shall be subject to a forfeiture of up to

$5,000 plus costs, in addition to any monies which may

be recoverable pursuant to Section 4.6 of this Red

Cliff Code of Laws.

17.14.4 In addition to firing or other disciplinary action

taken by the Tribe or its agents in their role as

employer, an employee, contractor or other person who

tampers with, counterfeits or destroys records or

otherwise impedes or obstructs Class Ill gaming audits

shall be subject to a forfeiture of up to $5,000 plus costs.

17.14.5 (a) The Red Cliff Tribal Court shall have jurisdiction to enforce the sanctions provided for violation of

this ordinance under the procedures set forth in

Chapter 4 of this Code.

(b) The provisions of this ordinance shall be enforced

by all Tribal law enforcement officers. In

addition, federal, state, and local law

enforcement officers are hereby authorized to

enforce the provisions of this ordinance.

(c) In addition to the penalties set forth in Section

16, the court, upon conviction, shall order

payment of court costs, filing fee(s), and any

other related court costs at the discretion of the

court.

17.15 SECTION 15: PUBLIC HEALTH AND SAFETY

17.15.1 The following provisions of the Wisconsin Statutes

(Wis. Stat.) and the Wisconsin Administrative Code

(Wis. Adm. Code) including all amendments made to said

sections, are hereby adopted and shall be applicable to

any Class III gaming facility:
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

(a) Public Buildings

1. Wis. Stat. sec. 101.025 Ventilation

requirements for public buildings and places

of employment.

2. Wis. Stat. sec. 101.11 Employers duty to

furnish safe employment and place.

3. Wis. Stat. sec. 101.12 Approval and

inspection of public buildings and places of

employment and components.

4. Wis. Adm. Code sec. ILHR 160 Existing

Buildings.

5. Wis. Adm. Code sec. ILHR 163 Theatres and

Assembly Halls.

(b) Electrical Wiring

1. Wis. Stat. Sec. 101.865 Regulation of

electric wiring.

2. Wis. Adm. Code sec. ILHR 16 Electrical

Wiring.

(C) Fire Prevention and Smoke Detectors

1. Wis. Stat. sec. 101.14 Fire inspections,

prevention, detection and suppression.

2. Wis. Adm. Code sec. ILHR 14 Fire

Prevention.

3. Wis. Adin. Code sec. ILHR 28 Smoke

Detectors.

(d) Plumbing and Sanitation

1. Wis. Stat. sec. 101.07 Flushing devices for

urinals.

2. Wis. Adm. Code sec. ILHR 81 86 Plumbing.

17.15.2 All Class III gaining facilities shall be inspected by

an inspector certified by the State of Wisconsin at

least every twelve (12) months to insure compliance

with section 17.15.1 of this ordinance. Any

deficiencies noted by said inspector shall be promptly

repaired or corrected.

17.15.3 Class II gaining facilities shall be constructed,

maintained and operated in a manner that adequately

protects the environment and the public health and

safety.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

17.16 SECTION 16: BINGO AND RAFFLES

17.16.1 DEFINITIONS. As used in this section:

(a) Bingo means a game of chance (whether or not

electronic, computer, or other technologic aids

are used) when players:

(1) Play for prizes with cards bearing numbers or

other designations;

(2) Cover numbers or designations when object(s),

similarly numbered or designated, are drawn

or electronically determined; and

(3) Win the game by being the first person to

cover a designated pattern on such cards.

(b) Bingo Manager means a person authorized by the

Tribe to conduct, organize and supervise all bingo

and raffle occasions.

(c) Bingo Occasion means a single gathering or

session at which a series of successive bingo

games are conducted.

(d) Bingo Supplies and Equipment means all cards,

boards, sheets, markers, pads or other supplies,

devices or other equipment designed for use in the

conduct or play of bingo.

(e) Conduct means, as to bingo, the drawing of the

numbers and the announcement or visual display of

the numbers so drawn; and as to raffles, the

selling of raffle tickets and drawing for prizes.

The marking of a bingo card by a player shall not

be considered an essential element of the conduct

of a bingo game.

(f) Gross Receipts means total receipts received

from the conduct of bingo or a raffle.

(g) Lotto has the same meaning as bingo in

subsection (a) of this section.

(h) Premises means any Tribal building, room, hail,

enclosure, tent or outdoor area in which bingo or

a raffle is being conducted on Tribal land.

(i) Profit means the gross receipts collected from

one or more bingo occasions, less reasonable sums

necessary and actually expended for conducting the

occasions, supplies, equipment, prizes, utilities,

and the like.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(j) Raffle means a game of chance in which tickets

or calendars are sold and a drawing for prizes is

held, provided, that in order to qualify as a

Class II game, all raffles must be conducted in

accordance with the rules set forth at Chapter

563, Wisconsin Statutes, as amended from time to

time. Otherwise, any raffle not so conducted

shall be considered a Class III game, as that term

is defined in the Indian Gaming Regulatory Act

(IGRA), 25 U.S.C. sec. 2701 et seq. (1990), and

any regulations promulgated thereunder.

(k) Tribal Council means the governing body of the

Tribe elected pursuant to the Tribes Constitution

and Bylaws.

(1) Tribal Court means the Red Cliff Tribal Court.

(m) Tribal Land means land held in trust by the

United States for the Tribe.

(n) Tribal Organization means any organization duly

recognized by the Tribe.

(0) Tribe means the Red Cliff Band of Lake Superior

Chippewa Indians.

17.16.2 BINGO MANAGER. The Tribal Bingo Manager shall be

appointed by the Tribal Council and may be removed for

cause by the Tribal Council. The Tribal Bingo Manager

shall be subject to the personnel policies and

procedures of the Tribe and shall be supervised by the

Tribal Administrator. The Tribal Bingo Manager shall

have the following powers and duties.

(a) To conduct bingo operations in conformity with

this ordinance;

(b) To conduct raffles consistent with this ordinance;

(c) To receive and deposit monies generated from bingo

and raffle operations with the Tribes accounting

office;

(d) To supervise all personnel necessary to conduct

bingo and raffle operations.

17.16.3 GENERAL BINGO PROVISIONS.

(a) Only the Tribal Bingo Manager or a person

authorized by the Tribal Bingo Manager shall

conduct bingo or act as a caller in the conduct of

bingo.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(b) Bingo shall be conducted only on Tribal premises.

(C) Purchase of a bingo card shall entitle each

purchaser to a place on the Tribal premises where

bingo is conducted with sufficient room in which

to work the bingo card.

(d) The Tribal Bingo Manager may, in his/her

discretion, limit the number of persons allowed to

purchase bingo cards at any one bingo occasion.

(e) The Tribal Bingo Manager shall hold such bingo

occasions as s/he deems suitable in his/her

discretion.

(f) The Tribal Bingo Manager shall accept only a cash

payment for any bingo card. The Tribal Bingo

Manager may, however, in his/her discretion,

establish a check cashing service in conjunction

with the operation of bingo occasions, with such

limits, safeguards, and charges therefore as s/he

deems appropriate.

(g) The Tribal Bingo Manager shall purchase such

supplies and equipment as necessary for the

operation of bingo and consistent with the budget

approved by the Tribal Council. All equipment and

supplies used in the conduct of bingo shall be

owned by the Tribe. The bingo equipment shall be

maintained in good repair and sound condition.

(h) Only the Tribal Bingo Manager and persons employed

by him/her shall participate in the management or

operation of any bingo occasion. No other person,

firm, corporation, consultant, or similar entity

shall participate in the management of any bingo

occasion without the express prior approval by

resolution of the Tribal Council. Nothing herein

shall prevent the Tribal Bingo Manager from

entering into a contract for the televising of

bingo occasions, however.

(i) No person under the age of 18 shall purchase or

make a bingo card for any bingo game conducted

pursuant to this ordinance unless accompanied on

tribal premises by such persons parent or

guardian. No person under the age of 8 shall be

allowed in the tribal premises in which bingo is

conducted during a bingo occasion.
CHAPTER XVII  TRIBAL GAMING ORDINANCE (CONT...)

(j) No alcoholic beverages or illegal drugs shall be

allowed on tribal premises where bingo is

conducted during a bingo occasion. Any person

found possessing or using alcoholic beverages or

illegal drugs during bingo occasions shall be

removed from the premises and barred from further

bingo occasions.

(k) Bingo occasions shall be advertised by whatever

lawful methods the Tribal Bingo Manager deems

suitable and appropriate to attract a maximum

number of players.

(1) The Tribal Bingo Manager may provide for the sale

of food or refreshments at concessions during

bingo occasions as a part of the bingo operation

or may, in his/her discretion, authorize the

operation of concessions for the sale of food or

refreshments by Tribal organizations under such

terms and conditions as s/he deems appropriate. No person or organization may sell any other

merchandise on the premises where bingo is being

conducted during a bingo occasion unless

authorized by resolution of the Tribal Council.

(m) Bingo cards shall be sold or rented by the Tribal

Bingo Manager in the first instance only on the

premises at which the bingo occasion is being

conducted. The Tribal Bingo Manager shall keep an

accurate, separate count of the number of bingo

cards which are sold, rented, or used.

(n) No person employed in the operation of a Tribal

bingo occasion shall be permitted to purchase

bingo cards for that occasion or participate in

any other way as a player during that bingo

occasion.

(0) Nothing herein shall prevent the broadcast or

televising of Tribal bingo occasions. The Tribal

Bingo Manager is hereby authorized to enter into a

contract for the broadcast or televising of Tribal

bingo occasions, provided that any such contract

shall be approved by resolution of the Tribal

Council before taking effect.

17.16.4 BINGO PRIZES.

(a) The amount and nature of prizes offered shall be

determined for each bingo occasion by the Tribal

Bingo Manager, provided that the prized offered

shall be commensurate with the generally accepted

odds in bingo operations.
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

(b) Either cash prizes or merchandise prizes shall be

allowed. If a merchandise prize is offered, its

stated value shall be the current retail price. No merchandise prize shall be redeemable or

convertible into cash, either directly or

indirectly, by the Tribe.

(C) Prizes of alcoholic or fermented malt beverages,

securities, or interests in real property are

prohibited.

17.16.5 METHOD OF CONDUCTING BINGO.

(a) The Tribal Bingo Manager shall determine the type

of game and prize for each game conducted during a

bingo occasion. The particular arrangement of

numbers required on a bingo card in order to win

and the amount of the prize for the game shall be

clearly described and audibly announced to the

players immediately before each game.

(b) Each bingo game shall be conducted in such a

manner that the results are random and each person

purchasing a card is afforded an equal opportunity to win, and all equipment and supplies used in the

conduct of each game shall be designed and used in

such a manner as to secure such result.

(c) The objects to be drawn shall be as near the same

size, shape, weight, balance, and all other

relevant characteristics as is practicable so that

at all times during the conduct of bingo each

object possesses the capacity for equal agitation

with any other object within the receptacle.

(d) Seventyfive (75) objects, numbered consecutively

1 through 75 inclusive, shall be used for the

conduct of each game. All 75 objects, and only 75

objects, shall be present in the receptacle at the

beginning of each bingo game.

(e) The number on each object drawn shall be announced

in a manner clearly audible to the persons present

during the conduct of the game and shall be

visually displayed as well.

(f) Once removed from the receptacle during the

conduct of a game, no object shall be returned to

the receptacle until after the conclusion of that

game.

(g) The receptacle and the caller shall be visible to

the majority of persons present during the conduct

of a game at all times.
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

17.16.6 WINNERS.

(a) The winner of a bingo game shall be the person in

possession of the bingo card with the numbers on

it arranged in the manner announced for that game

achieved with the least number of objects drawn.

(b) The bingo winner for each game shall be determined

on the same day on which the bingo occasion is

conducted. Each prize shall be awarded within one

week of the bingo occasion for which the prize was

offered.

(C) The numbers appearing on the winning card at the

time a winner is determined shall be verified in

the immediate presence of at least one

disinterested person.

(d) At the time a winner is determined, any person may

call for a verification of all numbers and of the

objects remaining in the receptacle not drawn.

Such verification shall be made in the presence of

the Tribal Bingo Manager and at least one

disinterested person.

(e) When more than one person is found to be the

winner of a bingo game, a cash prize shall be

divided equally among the winners. When equal

division of a merchandise prize is not possible,

identical substitute prizes whose aggregate retail

value is approximately equal to that of the

designated prize shall be awarded.

17.16.7 GENERAL RAFFLE PROVISION.

(a) Only the Tribal Bingo Manager or a person

authorized by the Tribal Bingo Manager shall

conduct a raffle.

(b) Raffles shall be conducted only on Tribal

premises, and may be conducted in conjunction with

a bingo concession.

(c) The Tribal Bingo Manager shall accept only a cash

payment for a raffle ticket.

(d) The Tribal Bingo Manager shall purchase such

supplies and equipment as is necessary for the

operation of raffles and consistent with the

budget approved by the Tribal Council. All

equipment and supplies used in the conduct of

bingo shall be owned by the Tribe.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(e) The Tribal Bingo Manager may, with the concurrence

of the Tribal Council, authorize a Tribal

organization to hold a raffle, upon such terms and

conditions as the Tribal Bingo Manager may deem

appropriate. Raffle tickets used for such

occasions shall be purchased by the Tribal Bingo

Manager and shall be readily distinguishable from

raffle tickets used in Tribal raffles.

(f) Except as provided in sec. 17.8.5 only the Tribal

Bingo Manager and persons in his/her employ shall

participate in the management or operation of any

raffle. No other person, firm, corporation,

consultant, or similar entity shall participate in

the management of any raffle without the express

prior approval by resolution of the Tribal

Council.

(g) No person under the age of 18 shall be allowed to

purchase a raffle ticket.

(h) Raffles shall be advertised by whatever lawful

methods the Tribal Bingo Manager deems suitable

and appropriate, consistent with the budget

approved by the Tribal Council.

(1) No person employed in the operation of a raffle or

of a bingo occasion during which a raffle is being

conducted shall be permitted to purchase a raffle

ticket for such raffle.

17.16.8 RAFFLE PRIZES.

(a) The amount and nature of prizes offered for

raffles shall be determined for each raffle by the

Tribal Bingo Manager, provided that the prizes

offered shall be commensurate with the odds

generally accepted for raffle operations.

(b) Either cash prizes or merchandise prizes shall be

allowed. If a merchandise prize is offered, its

stated value shall be the current retail price. No merchandise prize shall be redeemable or

convertible into cash, either directly or

indirectly, by the Tribe.

(C) Prizes of alcohol or fermented malt beverages,

securities or interests in real property are

prohibited.
CHAPTER XVII - TRIBAL GAMING ORDINANCE (CONT...)

17.16.9 TYPES OF~ RAFFLES. Two types of raffles may be

conducted:

(a) Raffles in which tickets are sold to individuals,

placed in a container, and drawn to determine the

winner; and

(b) Raffles in which a fixed number of tickets, some

of which indicate the winners, are sold to and

drawn by the purchaser.

17.16.10 TYPES OF TICKETS. Two types of raffle tickets shall be

used:

(a) For raffles described in Section 17.16.9(a), the

tickets shall be identical in form and contain the

name and address of the Tribe or sponsoring

organization, the price of the ticket, the date

and place of the drawing, and a place for the

purchasers name and address.

(b) For raffles described in Section 17.16.9(b),

raffle tickets shall be purchased in lots, with a

fixed number of tickets and winning tickets in

each lot, shall be of similar outward appearance,

and shall have concealed within it indicia of

winning which may be revealed by manipulation of

the ticket after purchase.

17.16.11 PLAY OF RAFFLES.

(a) The Tribal Bingo Manager shall determine the type

of raffle and the price of prizes for each raffle,

which shall be clearly described and available to

raffle ticket purchasers at the time of purchase.

For raffles described in Section 17.16.9(a) the

odds per lot of tickets shall also be available.

(b) Each raffle shall be conducted in such a manner

that the results are random and each person

purchasing a ticket is afforded an equal

opportunity to win, and all equipment and supplies

used in the conduct of each raffle shall be

designed and used in such a manner as to secure

such a result.

(c) Winners shall be determined according to the type

of raffle and the rules of each raffle set by the

Tribal Bingo Manager. The purchaser of a ticket

need not be present at the drawing to win a prize.

Each prize shall be awarded within one week of the

raffle.
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(d) All raffle drawings shall be held in public.

(e) All prizes shall be awarded.

17.16.12 ANNUAL OPERATING BUDGET. The Tribal Bingo and raffle

operation shall be carried out in accordance with an

annual operating budget adopted for that purpose. Such

budget shall detail the operational expenses of the

operation and shall be prepared by the Tribal Bingo

Manager. No expenses may be incurred by the Tribal

Bingo Manager except as provided in and in conformity

with the annual operating budget so adopted.

17.16.13 MONTHLY FINANCIAL REPORT. The Tribal Bingo Manager

shall prepare, sign, and submit to the Tribal Council a

monthly financial report which shall include the

following information for the preceding month:

(a) The names of all persons employed in the conduct

of bingo and/or raffles;

(b) The number and dates of all bingo occasions and

raffles;

(C) An itemized statement of gross receipts from all

bingo occasions and raffles;

(d) An itemized list of all expenditures; and

(e) A statement showing the balance in the bingo

account.

17.16.14 BINGO ACCOUNT. The Tribal Bingo Manager shall create a

special account into which all bingo and raffle

receipts shall be deposited within three (3) days of

the bingo occasion or raffle. Gross receipts derived

from the conduct of bingo shall not be commingled with

any other Tribal funds.

17.16.15 PROHIBITED ACTIVITIES. It shall be unlawful and a

prohibited activity for any person to:

(a) Violate the terms of this ordinance in any way; or

(b) Conduct a bingo game or occasion within the

boundaries of the Tribes reservation except in

conformity with this ordinance; or

(c) Conduct a raffle within the boundaries of the

Tribes reservation except in conformity with this

ordinance; or
CHAPTER XVII -- TRIBAL GAMING ORDINANCE (CONT...)

(d) Act or scheme in any way to influence the conduct

or result of any bingo game or raffle or the

determination of the winner thereof; or

(e) Act or scheme in any way to deprive the Tribe of

the income or proceeds or any portion thereof from

any bingo game, bingo occasion, concession,

raffle, or the operational expenses related

thereto.

17.16.16 PENALTIES. For commission of any of the prohibited

activities in Section 17.16.15, the violator shall be

sublect to the following penalties:

(a) A civil remedial forfeiture of up to $5,000.00;

(b) Seizure and forfeiture of all property used in the

violation;

(c) Discipline or discharge from Tribal employment;

(d) Referral to state or federal authorities for

criminal prosecution; and/or

(e) Such civil remedies as the Tribe may have

available to recover any losses caused by or

associated with such violations.

17.16.17 ANNUAL AUDIT.

(a) The Tribe shall conduct an annual independent

audit of gaming operations and shall submit the

resulting audit report(s) 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).

17.17 SECTION SEVENTEEN: REPEAL

To the extent that they are inconsistent with this

ordinance, all prior gaming ordinances are hereby

repealed.