Prairie Island Community Council

(A Tribal Government)

RESOLUTION 94- ~ 2~(-L

WHEREAS, the Prairie Island Indian Community in the State of Minnesota (also known

as the Prairie Island Mdewakanton Dakota Community) is a federally recognized Tribe

organized under 25 U.S.C. § 476, and is governed under the terms of the Constitution and

By-laws adopted by the tribal members on May 23, 1936, and approved by the Secretary of

the Interior on June 20, 1936; and

WHEREAS, the said Constitution and By-laws provide that the Community Council

(sometimes referred to as the Tribal Council), shall be the governing body for the Prairie

Island Indian Community (Article IV, Section 1);and

WHEREAS, the Tribal Council has the authority to establish ordinances for the

maintenance of law and order upon the Reservation and for the establishment of courts to

enforce such ordinances; and

WHEREAS, the Tribal Council has the authority under the Constitution and By-laws to

promulgate ordinances, resolutions, institute regulations, and consider various legal matters

that fall within the authority of a federally recognized Indian tribe; and

WHEREAS, the Tribal Council has the authority under the Constitution and By-laws to

promote the general welfare of the Community by regulating the conduct of trade and the

use and disposition of property upon the Reservation; and

WHEREAS, the Prairie Island Indian Community is a federally recognized Indian Tribe

and owns and operates a gaming enterprise, Treasure Island Casino & Bingo (Treasure

Island), located at 5734 Sturgeon Lake Road, Welch, MN 55089 regulated under the Indian

Gaming Regulatory Act of 1988, 25 U.S.C. §2701 et seq. (IGRA); and

WHEREAS, the National Indian Gaming Commission has issued new regulations 25

C.F.R. Parts 501 et al. and 25 C.F. R. Part 502 governing definitions under IGRA; Class II

and Cass Ill Gaming Ordinances; Background Investigations and Gaming Licenses Under

the IGRA; Privacy Act Procedures under the IGRA; and

1158 Island Blvd Welch, MN 55089

(612) 385-2554 1-800-554-5473 Fax (612) 388.1576
Page Two of

Resolution 94- 1~L ,7

WHEREAS, on January 11, 1994, the Tribal Council passed Resolution 94-10 that

contained amendments to the Praine Island Gaming Ordinance bringing the Ordinance into

compliance with the new National Indian Gaming Commission regulations; and

WHEREAS, Resolution 94-10 included an amendment to Section 303(b)(4) of the

Prairie Island Gaming Ordinance that incorrectly stated that fingerprints would be

processed through the National Indian Gaming Association and not the correct

organization which is the National Indian Gaming Commission. Processing through

the NIGC is no longer necessary and thus has been entirely deleted from Section

303(b)(4).

NOW THEREFORE BE IT RESOLVED, the Tribe Council hereby amends Resolution

94-10 and the PRAIRIE ISLAND INDIAN COMMUNITY GAMING ORDINANCE

Section 303(b)(4) to read as follows:

Section 303(b).4) obtaining fingerprints under the supervision of a

Police Department in the State of Minnesota;

Certification

This resolution was passed at an Executive meeting of the PraLqe Island Tribal Council with

a quorum present with a vote of _________

for, _________

against, _________

abstentions, on 2~ 1994.

Cuitis Campbell Sr., President Darelynn Lehto, Vice President

Byron White, Secretary ~,W. Childs Sr., Treasurer

Micha~el

~7//

J.~hilds

~

Sr., AssCSecy.frreasurer
PRAIRIE ISLAND INDIAN COMMUNITY

GAMiNG ORDINANCE

TABLE OF CONTENTS

TITLE 1. GENERAL PROVISIONS

Section 100. Short Title 1

Section 101. Findings and Intent I

Section 102. Definitions 2

Section 103. Effect of Headings 5

Section 104. Civil Penalty Provisions 5

Section 105. Liberal interpretation 6

Section 106. Severability 6

Section 107. Implementation 6

Section 108. Amendment 6

TiTLE 11. DEVELOPMENT. ADMINISTRATION. AND ENFORCEMENT

Section 200. Community Council Authority Over Community Gaming 6

Section 201. Conflict of interest 6

Section 202. Council Duties 7

Section 203. Power of Council 8

Section 204. Plan of organization 8

Section 205. Notice of Amendment 8

Section 206. Hearing 8

Section 207. Council findings 9

Section 208. Show Cause Hearing 9

Section 209. Council determination 9

Section 210. Written determination provided 9

Section 211. Sanctions 9

Section 212. No limitation on the number of gaming enterprises 10

TITLE Ill. LICENSING

Section 300. License required 10

Section 301. Application necessary 11

Section 302. Application for gaming enterprise 11

Section 303. Application and Investigation Report for

Primary management officials and key employees 12

Section 304. Report to National Indian Gaming Commission (Commission) for

Class II and Class Ill gaming applications and investigation reports

for key employees and primary management officials 14
Section 305. Licensing requirements and procedures for primary management

officials and key employees 15

Section 306. Granting licenses to key employees and primary

management officials 16

Section 307. License suspension for primary management

officials and key employees 16

Section 308. Notice to existing key employees and

management officials 17

Section 309. Retention of applications for employees of a gaming operation

other than key employees and primary management officials ..17

Section 310. Application for distnbutors of video games of chance and

gambling equipment 18

Section 311. Machine licenses 19

Section 312. Classes of Licenses 19

Section 313. Fraud of application 20

Section 314. Exemptions 20

Section 315. License Renewal 21

Section 316. License Display 21

Section 317. Requirements to maintain license 21

Section 318. Fees 22

Section 319. Non-transferability 23

Section 320. Payment of license fees 23

Section 321. License as a revocable privilege 23

Section 322. Violations 23

TITLE IV. RULES OF GENERAL APPLICABILITY

Section 400. Rules of gaming operation 24

Section 401. Video Games of Chance 24

Section 402. Restrictions for gaming enterprises 25

TITLE V. INDIAN GAMING REGULATORY ACT

Section 500. Policy 26

Section 501. Proprietary Interest 26

Section 502. Net Revenues 26

Section 503. Per Capita Payments 27

Section 504. Licensee Standards 27

Section 505. Contracts 27

Section 506. Protections 28

Section 507. Licenses for continuing operations 28

Section 508. Tribal Self-Regulation 28

Section 509. Management agreements 29

Section 510. Internal Revenue Code 29
PRAIRIE ISLAND INDIAN COMMUNITY

GAMING ORDINANCE

TITLE 1. GENERAL PROVISIONS

Section 100. Short Title.

This Ordinance shall be known and may be cited as the Prairie

Island Indian Community Gaming Ordinance.

Section 101. Findings and Intent.

The.Prairie Island Indian Community Council finds that:

(a) The Community was organized by the membership to form a more perfect union,

develop our natural resources, insure our domestic tranquility, promote the general

welfare, to enjoy certain rights of home rule, to provide education in schools of

higher learning including vocational, trade, high schools, and colleges for our

people, and to secure the opportunities offered us under the Indian Reorganization

Act... Preamble to the Constitution and Bylaws of the community].

(b) The Prairie Island Indian Community desires to be selfsufficient in its internal affairs,

as reliance upon federal and other resources has been adverse to the quality of life

within this Community in both the present and the past.

(c) Public gaming operations have been introduced to the Prairie Island Mdewakanton

Sioux Community and it is of vital interest to the public health, safety, and welfare of

the Prairie Island Mdewakanton Sioux people that the Community, instead of

prohibiting public gaming operations, regulate public gaming in a manner

commensurate with the interests of the Prairie Island Mdewakanton Sioux people.

(d) By virtue of the treaties between the United States of America and the Prairie Island

Mdewakanton Sioux and the statutes and court decisions of the United States,

which together have established and maintained the doctrine of Indian sovereignty,

there remains the federal guarantee of the perpetual integrity of the Prairie Island

Mdewakanton Sioux Indian Community.

(e) The Prairie Island Indian Community requires methods for establishing a base to

generate revenues for selfperpetuation and essential governmental services.

(f) The regulation of public gaming within the Prairie Island Indian Community is in the

best interest of the Prairie Island Mdewakanton Sioux people.

1
Further, the Prairie Island Indian Community Council determines that the intent of this

Ordinance is to:

(g) Completely regulate and control gaming on trust lands located within the Prairie

Island Mdewakanton Sioux Reservation, in compliance with applicable law;

(h) Provide, through the revenue generated by and taxes levied on Community licensed

gaming operations, a source of funding for tribal government operations and

programs, and programs for the general welfare of the Community;

(i) Foster a spirit of cooperation with the National Indian Gaming Commission in the

regulation of Community gaming;

(j) Protect gaming as a means of promoting tribal economic development; and

(k) Ensure that Community gaming is conducted fairly and honestly by both the

operator and the players as a genuine means of providing both recreation and

entertainment, entirely free from organized crime and other corrupting influences.

Section 102. Definitions.

The following words and phrases when used in this Ordinance shall have the meanings

respectively ascribed to them in this Section:

(a) Community shall mean the Prairie Island Mdewakanton Sioux Indian Community,

a federally recognized Indian tribe organized under Section 16 of the Indian

Reorganization Act of 1934.

(b) Community council or Council shall mean the governing body of the Community,

duly elected in accordance with the provisions of the Constitution of the Community.

(c) Compact on video games of chance shall mean that agreement concerning the

operation of video games of chance, entered into in 1989, pursuant to Section 11 of

the Indian Gaming Regulatory Act of 1988, between the Community and the State of

Minnesota.

(d) Gambling equipment shall mean bingo cards or sheets, devices for selecting bingo

numbers, pull-tabs, jar tickets, paddlewheels and tipboards.

(e) Gaming shall mean the act of paying for the opportunity and participation in a

game or games of chance for money or something of value, where motor skills play

no part or are of no consequence in determining the outcome of the game; to

operate, carry on, conduct, maintain, or expose for play, money, property, or any

representative of value wherein the outcome of a game is decided by chance or in

which chance is a material element, but does not include social games played solely

for consumable goods, i.e., foodstuffs or games played in private homes or

residences for prizes or games operated by charitable and educational

organizations which are approved by the Council.

2
(f) Gaming enterprise shall mean any commercial business owned by the Community

and operated, in part or in whole, for the conduct of bingo, the sale of pull tabs,

gaming in general and the conduct of other games of chance, including video games

of chance.

(g) Gaming operator shall mean a person, organization or entity that conducts the

management of gaming at a Community gaming enterprise; including an entity

entering into a management contract with the Community or the Community itself or

any subdivision thereof.

(h) Gaming test laboratory shall mean, as contemplated by Section 6.1 of the TribalState Compact regarding video Games of Chance, a laboratory agreed to and

designated in writing by the Minnesota State Commissioner of Public Safety and the

Community Council as competent and qualified to conduct scientific tests and

evaluations of video games of chance and related equipment; a laboratory operated

by or under contract with the states of Minnesota, or Nevada, or New Jersey, or

South Dakota constitutes a designated gaming test laboratory.

(i) Indian Gaming Regulatory Act of 1988 shall mean the Act of the United States

Congress adopted on October 17, 1988, as Public Law 100-497, 102 Stat. 2467,

codified at 25 U.S.C. §2701 et seq.

(j) Key employees shall mean persons who serve as the General manager of a

gaming enterprise, persons who have, alone or with others, the authority to sign

checks or create or discharge financial obligations for a gaming enterprise, persons

who have any contact with a money room of a gaming enterprise, and persons

whose responsibilities include operation, management, maintenance or other

substantial contact of or with video games of chance or other gaming equipment.

(k) License shall mean the permission by authority of the Council to do an act, which

without such permission shall be illegal. License, with respect to real property of the

Community, is a privilege to go on the premises for a certain purpose, but does not

operate to confer on, vest in, or license any title, interest, or estate in such property

(I) Licensee shall mean any person, entity or organization granted a license pursuant

to the provisions of this ordinance.

(m) Management officials shall mean any persons who have a direct financial interest

in, or management responsibility for, a gaming enterprise, and in the case of a

corporation, shall include those individuals who serve on the board of directors of

such corporation and each of its stockholders who hold, directly or indirectly, 10

percent or more of its issued and outstanding stock.

(n) Other compacts shall mean such agreements as may in the future be entered into

between the Community and the State of Minnesota, governing Class Ill gaming, as

that term is defined by the Indian Gaming Regulatory Act of 1988, codified at 25

U.S.C. §2703 (8).

3
(o) Other games of chance shall mean games similar to traditional bingo in which

prizes are awarded on the basis of a designated winning number or numbers, color

or colors, symbol or symbols determined by chance. Such games may be played

using pull tabs, raffles, paddlewheels, tipboards, punchboards, tip jars,

paddlewheels, gaming tables, tokens, satellite television transmission, but shall not

include video games of chance defined herein; or shall have the same meaning as

the term Class II gaming as defined by the Indian Gaming Regulatory Act of 1988,

codified at 25 U.S.C. §2703 (7)(A). Any game of chance which is not prohibited by

the criminal laws of the State of Minnesota, or is subject to permissive regulation

pursuant to Minnesota law, chapter 349 or successor legislation shall be included in

this definition.

(p) Shall is used in this Ordinance as imposing an obligation to act.

(q) Traditional bingo shall mean that game in which each player is supplied a card or

board containing five adjoining horizontal and vertical rows with five spaces in each

row each containing a number or figure therein and the word free marked in the

center space thereof, or in which such a card or board is represented on a video

screen. Upon announcement by the person conducting the game or the

appearance on the video screen of any number or figure appearing on the players

card or board, the space containing said figures or number is covered by the player.

When the player shall have covered all five spaces in any horizontal and vertical

row, or shall have covered four spaces and the free space in a five space diagonal

row, or shall have covered the required combination of spaces in some other

preannounced pattern or arrangement, such combination of spaces covered shall

constitute bingo. The player or players to first announce bingo are awarded

money, merchandise, or some other consideration by the person or persons

conducting the game.

(r) Video game of chance shall mean electronic or electromechanical video devices

that simulate games commonly referred to as poker, blackjack, craps, hi-b, roulette

line-up symbols and numbers, or other common gambling forms, which are

activated by the insertion of a coin, token, or currency, and which award game

credits, cash, tokens, or replays, and contain a meter or device to record unplayed

credits or replays; or otherwise shall have the same meaning as the term Class Ill

gaming as defined by the Indian Gaming Regulatory Act of 1988, codified at 25

U.S.C. §2703 (8).

Section 103. Effect of Headings.

Article and section headings contained herein shall not be deemed to govern, limit, modify,

or in any manner affect the scope, meaning, or intent or the provisions of any article or

section of this Ordinance.

Section 104. Civil Penalty Provisions.

It shall be a civil violation of the laws of the Prairie Island Indian Community to violate the

provisions of this ordinance, any regulations promulgated by the Council or any proper

4
order issued under the authority of this Ordinance. Any person or licensee so violating such

authority shall be fined not more than One Thousand Dollars ($1,000.00) or by suspension

of license for a period not to exceed one year, or by both such fine and suspension or other

penalty alternative under Community law, including revocation; a show cause hearing

pursuant to Section 208 shall be afforded by the Council to any person subject to such civil

penalty prior to any final determination to impose any civil penalty.

Section 105. liberal interpretation.

The provisions of this Ordinance, being necessary for the welfare of the Community and its

members, shall be construed liberally to effect the purpose and objective hereof.

Section 106. Severability.

The provisions of this Ordinance are severable; and if any part or provision hereof shall be

held void by tribal or federal court or federal agency, the decision of the court or agency so

holding shall not affect or impair any of the remaining provisions of the ordinance.

Section 107. Implementation.

It being immediately necessary for the preservation of the public peace, health, and safety

of the Tribe and its members, this Ordinance shall take effect and be in full force from and

after its approval and passage.

Section 108. Amendment.

This Ordinance may be amended only by majority vote of the Community Council.

TITLE 11. DEVELOPMENT, ADMINISTRATION, AND ENFORCEMENT

Section 200. Community Council Authority Over Community Gaming.

In order to provide for the orderly development, administration, and regulation of tribal

gaming, the Community Council shall exercise its authority as the duly elected governing

body of the Community over the regulation of any gaming activity on the Prairie Island

Indian Community Reservation in compliance with the provisions of this Ordinance.

Section 201. Conflict of Interest.

Any Council member, or employee of the Council or any member of his/her family living with

him/her may not have a financial interest in any gaming business or enterprise, or in any

gaming contractor, or accept any gift or thing of value from a gaming contractor. Nothing in

this Section shall prohibit a council member or other person subject to this Section from

having a financial interest in any gaming business or enterprise operating pursuant to the

provisions of this Ordinance as would any member of the Community if entitled to such

5
interest as a Community member, including any per capita payments derived from profits

made by any gaming business or enterprise operating pursuant to the provisions of this

Ordinance.

Section 202. Council Duties.

(a) The Council shall be charged with the responsibility of administering and enforcing

the provisions of this ordinance.

(b) It shall be the responsibility of the Council to promulgate regulations, if necessary, to

administer the provisions of this Ordinance. These duties involved in the

administration of this Ordinance shall include but not be limited to the following:

(1) Printing and making available application forms for initial and renewal

licenses, as well as any other necessary licenses and to make available the

licenses themselves;

(2) Supervising the collection of all fees and all applicable taxes;

(3) Processing all gaming license applications;

(4) Issuing licenses and notifying the National Indian Gaming Commission of

such issuances as required by the Indian Gaming Regulatory Act;

(5) Determining applicable license fees;

(6) Providing for outside independent audits of all gaming activity licensed

pursuant to the provisions of this ordinance and providing those audits to the

National Indian Gaming Commission or other regulatory agency until the

Commission commences its duties;

(7) Reviewing all gaming operation contracts, records, documents, and anything

else necessary and pertinent to the financial accountabilities of licensees or

enforcement of any provision of gaming operating contracts, agreements,

this, and related ordinances;

(8) The Council shall have the power and authority to deny any application, to

limit, condition, suspend, or restrict any license, making a finding of suitability

or approval of the license or a finding of suitability or approval of or the

imposition of a fine upon any person licensed for any cause deemed

reasonable by the council;

(9) The performance of any other duties required in the ordinance or any

amendments thereto or other duties which may hereafter be specified by the

Council;

(10) Employing legal counsel;

(11) Defending this Ordinance in any court of law or before any federal agency;

6
(12) Conduct or have conducted background investigations on all primary

management officials and key employees of the involved gaming enterprise,

and maintain ongoing oversight of such management and key employees;

(13) The Council shall propose an annual budget for operations pursuant to the

provisions of this ordinance.

Section 203. Power of Council.

The Council may exercise any proper power and authority necessary to perform the duties

assigned by this Ordinance and is not limited by any enumeration of powers in this chapter.

Section 204. Plan of organization.

The Council may organize any functional committees or divisions as may be necessary and

may from time to time alter such plan of organization as may be expedient.

Section 205. Notice of Amendment.

In adopting, amending, or repealing any provision under this Ordinance, the Council shall

give prior notice of the proposed action to all licensees and other persons whom the Council

have reason to believe have a legitimate and bona fide interest in such proposed action.

Section 206. Hearing.

The Council shall afford an applicant for license an opportunity for a hearing prior to a final

action denying such application and shall afford a licensee or any other person(s), subject

to this Ordinance, the opportunity for a hearing prior to taking final action resulting in

terminating, revoking, suspending, or limiting a license or any other adverse action the

Council deems appropriate, provided, that the Council may summarily suspend temporarily

or extend suspension of a license for Thirty (30) days in those cases where such action is

deemed appropriate by the council. In making a determination regarding suspension or

the extending of a suspension the council will act to protect public health, welfare or

safety or to protect the integrity of the games In cases where a license is suspended

prior to a hearing, an opportunity for a hearing shall be provided.

Section 207. Council findings.

Whenever upon specific factual finding the Council determines that any person has failed to

comply with the provisions of this ordinance or any regulation promulgated hereunder, the

Council shall make a certification of findings with a copy thereof to the subject or subjects of

that determination. After five (5) days notice and within Ninety (90) days thereof the Council

shall hold a hearing, at which time the subject shall have an opportunity to be heard and

present evidence.

Section 208. Show Cause Hearing.

7
At such hearing it shall be the obligation of the subject to show cause why the determination

is incorrect; why the application in question should not be denied; why the license, or

licenses, in question should not be revoked or suspended; why the period or suspension

should not be extended; to show cause why special conditions or limitations upon a license

should not be imposed; or to show cause why any other action regarding any other person

or persons subject to any action should not be taken. At such hearing, the subject shall be

allowed to have access to evidence upon which any determination is made and to confront

witnesses.

Section 209. Council determination.

Following such hearing the Council shall, within seven (7) days, reach a determination

concerning the accuracy of the preliminary certification of facts and whether the license in

question should be granted, continued, suspended, revoked, conditioned, or limited and

whether or not any other action recommended to or by the Council (including, but limited to,

forfeitures or fines) should be taken.

Section 210. Written determination provided.

Within three (3) days following this determination the Council shall inform the subject in

writing of that determination.

Section 211. Sanctions.

Any person who engages in activities on property subject to the provisions of this ordinance

without a license in violation of the terms imposed thereon, in violation of terms of

suspension, or in violation of any other provision of this Ordinance, regulations promulgated

hereunder, or amendments thereto shall be in violation of the ordinance, including any

person who unlawfully trespasses upon any premises licensed by this Ordinance without

the consent of the licensee and/or the Council. Separate violations shall be prosecuted as

separate offenses before the Council or other Community judicial body, or other judicial

body as the case may be. Each day of violation shaH constitute a separate count or

violation of this Ordinance. A violator shall also be required to pay court costs, storage

fees, and auction or sales fees. All property used in each and every separate violation of

this Ordinance may become the property of the community. All property used in each

and every separate violation of this Ordinance may be subject to forfeiture following

a hearing pursuant to sections 206 and 208 Persons may be prohibited from

trespassing on premises licensed under this ordinance; and licenses may be suspended,

revoked, or limited and/or establishments may be forcibly closed. All such action shall be

taken at the discretion of the Council. Winnings found to have been received in violation of

this ordinance are forfeited and become the property of the Community, following a

hearing pursuant to sections 206 and 2t~8

Section 212. No limitation on the number of gaming enterprises.

8
Nothing in this Ordinance shall limit the number of gaming operators the Council can license

pursuant to the provisions of this ordinance to conduct gaming on the Prairie Island Indian

Community Reservation.

TITLE III. LICENSING

Section 300. License required.

AnSi person, organization or entity (including management officials and key employees), on

behalf of the Community, conducting a public gaming enterprise pursuant to the provisions

of this Ordinance, on property within the exterior boundaries of the Prairie Island Indian

Community Reservation and/or which is subject to the jurisdiction of the Community, or any

person, organization or entity selling, leasing, or otherwise distributing gambling equipment

or video games of chance to the Community, shall be required to have and display

prominently, or display upon request, an appropriate, valid, and current Community public

gaming license issued pursuant to the provisions of this Ordinance. Any other forms of

public gaming operations being conducted within the jurisdiction of the Community without

the lawful written approval Council are prohibited.

Section 301. Application necessary.

Except as provided for in Section 307, all persons or organizations who may seek to

engage in public gaming activities within the jurisdiction of the Community must apply for

the appropriate license for each place, facility, or location on Community land where gaming

is to occur, at least Thirty (30) days prior to the scheduled activities or as otherwise allowed

in the discretion of the Council.

Section 302. Application for gaming enterprise.

The application for any tribally owned gaming enterprise made by the proposed gaming

operator for that tribally owned gaming enterprise shall contain the following information:

(a) the name and address of the gaming operator;

(b) the name(s) and address(es) of all interested parties (including those with direct or

indirect financial interests) and their interest and connection with the applicant;

(c) the name and location of the gaming enterprise for which the gaming operator

license is being sought, the number and types of games to be played, a detailed

plan of any proposed construction with an environmental impact study, the number

of planned employees, and a business plan which includes a pro-forma projection;

(d) explicit and detailed information of any criminal record of any party of interest whose

name appears on the application to determine whether any party of interest:

(1) has committed a felony or gaming offense in any jurisdiction;

9
(2) has engaged in prior activities or maintains habits or associations

affecting his present conduct which would:

(i) pose a threat to the public and Community interests;

(ii) threaten the effective regulation and control of Community

gaming;

(iii) enhance the dangers of unsuitable, unfair, or illegal methods,

or activities in the conduct of gaming.

(3) the name and address of all proposed or actual ancillary contractors

who provide supplies, services, concessions or property proposed

gaming operator;

(4) the social security number(s) of all parties of interest whose name

appears on the application;

(5) a description of any previous experience which the proposed

operator has had with the gaming industry generally, and Indian gaming in

particular, including specifically the name and address of any licensing or

regulatory agency with which such applicant has had contact relating to

gaming,

(6) a financial statement of the applicant;

(7) any additional information as may be deemed necessary by the

Council.

Section 303. Application and Investigation Report for primary management

officials and key employees.

(a) The license application for primary management officials and key employees of any

gaming operator of the Community shall contain:

(1) The following statement:

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 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

prosecution or when pursuant to a requirement by the Prairie Island

Community Council or the National Indian Gaming Commission in

10
connection with the hiring or firing of an employee, the issuance or

revocation of a gaming license, or investigations of activities while

associated with the Prairie Island Community Council or a gaming operation.

Failure to consent to the disclosures indicated in this notice will result in the

Prairie Island Mdewakanton Sioux Community being unable to hire you in a

primary management official or key employee position. The disclosure of

your Social Security Number (SSN) is voluntary. However, failure to supply

a SSN may result in errors in processing your application.

(2) The following notice:

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 (18 U.S.C. §1001).

(3) The full name, other names used (oral or written), social security number(s),

birth date, place of birth, citizenship, gender, all languages (spoken or

written);

(4) For the previous 5 years: Business and employment positions held,

ownership interest in those businesses, business and residence addresses, and

drivers license numbers;

(5) 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 (4) of this Section;

(6) Current business and residence telephone numbers;

(7) A description of any previous business relationships with Indian tribes,

including ownership interests in those businesses;

(8) A description of any previous business relationships with the gaming industry

generally, including ownership interests in those businesses;

(9) 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;

(10) For each felony for which there is an ongoing prosecution or a conviction, the

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

(11) 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;

(12) The name and address of any license 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;

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(13) A photograph;

(14) financial statement; and

(15) Any additional information, including the fingerprints of the applicant, as may

be determined by the Prairie Island Community Council.

(b) The Prairie Island Community Council is responsible for and shall conduct an

investigation sufficient to make a determination that employment of a person under

investigation poses/does not pose a threat to the public interest or to the effective

regulation of gaming, or creates or enhances the dangers of unsuitable, unfair, or

illegal practices and methods and activities in the conduct of gaming. In conducting

a background investigation, the Prairie Island Community Council or its agents shall

promise to keep confidential the identity of each person interviewed in the course of

the investigation. The Prairie Island Community Council shall responsible for the

following:

1) conducting the background investigation;

2) reviewing and approving of the investigative work done;

3) reporting the results of the background investigation to the National

Indian Gaming Commission;

4) obtaining fingerprints under the supervision of the City of Red Wing,

Minnesota Police Department and processing finger prints through the

National Indian Gaming Association;

5) making suitable determinations

6) verifying by written or oral communication information submitted by the

applicant.

7) inquiring in the applicants prior activiites, criminal record, if any, and

reputation, habits and associations;

8) interviewing a sufficient number of knowledgeable people such as former

employers, personal references, and others referred in order to provide a

basis for the Council to make a finding concerning the eligibility for

employment in a gaming operation;

9) preparing an investigative report that includes the following:

a) steps taken in conducting the background investigation;

b) results obtained including the documentation of all potential

problem areas noted and disqualifying information obtained;

c) conclusions reached; and

d) the basis for those conclusions.

(c) If the National Indian Gaming Commission and the Prairie Island Community Council

possess an investigative report for an employee, the Prairie Island Community

Council may update that report instead of performing an entirely new investigation.

Section 304. Report to National Indian Gaming Commission (Commission) for

Class II and Class Ill gaming applications and investigation reports for

key employees and primary management officials.

12
(a) When the Prairie Island Community Council employs a primary management

official or a key employee, the Prairie Island Community Council shall forward to the

Commission a completed application and investigation report containing the

information listed under Section 303 of this Ordinance.

(b) Before issuing a license to a primary management official or to a key

employee, the Prairie Island Community Council shall forward to the Commission an

investigative report on each background investigation. An investigative report shall

include all of the following:

(1) Steps taken in conducting a background investigation;

(2) Results obtained;

(3) Conclusions reached; and

(4) The bases for those conclusions.

(c) When the Prairie Island Community Council forwards a report to the

Commission, it shall include a copy of the determination that the potential employee

did not pose any threat defined in Section 303(b).

Section 305. Licensing requirements and procedures for primary

management officials and key employees.

In addition to the requirements of Section 300, the following procedures must be performed

before a primary management official or a key employee may be licensed.

(a) An authorized tribal official shall make a finding concerning the eligibility of a

key employee or a primary management official for employment in a gaming

operation. If an authorized tribal official, in applying the standards adopted in this

Ordinance, determines that employment of a person under investigation poses a

threat to the public interest or to the effective regulation of gaming, or creates or

enhances the dangers of unsuitable, unfair, or illegal practices and methods and

activities in the conduct of gaming, a management contractor or a tribal gaming

operation shall not employ that person in a key employee or primary management

official position.

(b) When a key employee or management official begins work at a gaming

operation, the Prairie Island Community Council shall:

(1) Forward to the Commission a completed application for employment

that contains the information listed in Section 303 of this Ordinance; and

(2) Conduct a background investigation under Section 303 of this

Ordinance to determine the eligibility of the employee for continued

employment in a gaming operation.

(c) Upon completion of a background investigation and a determination of

eligibility for employment in a gaming operation under paragraph (b)(2) of this

13
Section, the Prairie Island Community Council shall forward a report under Section

304 (b) to the Commission within 60 days after an employee begins work. A gaming

operation shall not employ a person as a key employee or primary management

official who does not have a license after 90 days

(d) During a 30-day period beginning when the Commission receives a report

submitted under paragraph (c) of this Section, the Chairman of the Commission may

request additional information from the Prairie Island Community Council concerning

an employee who is the subject of such a report. Such a request shall suspend the

30-day period until the Chairman receives the additional information.

(e) If, at the conclusion of the 30-day period described under paragraph (d) of

this Section, the Commission has not notified the Prairie Island Community Council

that it has any objections, the Prairie Island Community Council may issue the

license, pursuant to Section 306 of this ordinance.

Section 306. Granting licenses to key employees and primary management

officials.

At the end of the 30-day period described under paragraph (d) of Section 305 of the

Ordinance, or upon receipt of the Commissions report described under paragraph (e) of

Section 305, the Prairie Island Community Council shall:

(a) Grant a gaming license to a primary management official or a key employee who is

eligible for continued employment in a gaming operation; or

(b) Terminate the employment of an employee as a key employee or a primary

management official.

Section 307. License suspension for primary management officials and key

employees.

(a) If, after the issuance of a gaming license, the National Indian Gaming Commission

receives reliable information indicating that an employee is not eligible for

employment under Section 303 (b) of this Ordinance, the Commission shall notify

the Prairie Island Community Council.

(b) Upon receipt of such notification under paragraph 307(a), the Prairie Island

Community Council shall suspend such license and shall notify the licensee in

writing of the suspension and the proposed revocation.

(C) The Prairie Island Community Council shall notify the licensee of a time and a place

for a hearing on the proposed revocation of her/his license.

(d) After a revocation hearing, the Prairie Island Community Council shall decide to

revoke or to reinstate a gaming license. The Prairie Island Community Council shall

notify Commission of its decision.

14
Section 308. Notice to existing key employees and management officials.

(a) The Prairie Island Community Council shall notify existing key employees and

primary management officials in writing that they shall either:

(1) Complete a new application form that contains the Privacy Act notice at

Section 303 (a)(1) of this ordinance; or

(2) Sign a statement that contains the Privacy Act notice (at Section 303 (a)(l) of

this Ordinance) and consent to the routine uses described in that notice.

(b) The Prairie Island Community Council shall also notify existing key employees that

they shall either:

(1) Complete a new application form that contains the notice regarding false

statements contained in Section 303 (a)(2) of this Ordinance; or

(2) Sign a statement that contains the notice regarding false statements (at

Section 303 (a)(2) of this Ordinance).

Section 309. Retention of applications for employees of a gaming operation

other than key employees and primary management officials.

The Prairie Island Community Council shall retain applications for employment and reports

(if any) of background investigations for inspection by the Chairman of the National Indian

Gaming Commission or her or his designee for at least the term of employment but in no

event less than three (3) years from the date of hire.

Section 310. Application for distributors of video games of chance and

gambling equipment.

The application for any person, organization or entity wishing to sell, lease or otherwise

distribute gambling equipment and/or video games of chance to the Community shall

contain the following information:

(a) the name(s) and mailing address of the person or entity making the application;

(b) the names and addresses of all interested parties (including those with direct or

indirect financial interests) and their interest and connection to the applicant;

(c) the nature of the license applied for; the type of activity to be engaged in under the

license;

(d) explicit and detailed disclosure of any criminal record, including any delinquent taxes

owed to the State of Minnesota, of the applicant, any person involved in the

organization, and any party of interest whose name appears on the application;

15
(e) any additional information necessary to allow the Community or the State of

Minnesota to investigate the applicant or any person included on the application;

(f) whether the applicant has been properly licensed by the State of Minnesota

pursuant to Minnesota Statute Section 349.151; and proof of being the holder of a

current and valid distributor or manufacturer license from the State of Minnesota; or

properly licensed and holding a current and valid license from either the State of

New Jersey, or Nevada, or South Dakota;

(g) whether the applicant has ever had a distributor or manufacturer license revoked or

suspended by the state that issued the license and, if so, the circumstances

surrounding the states action;

(h) a statement of waiver allowing the Community and the State of Minnesota to

conduct a background investigation of the applicant and any person whose name is

required to appear on the application;

(i) whether the applicant or any person whose name is required to appear on the

application maintains any involvement in the business of wholesale distribution of

alcoholic beverages.

Section 311. Machine licenses.

In addition to a distributor license provided for in Section 303, the person or entity with

whom the Community enters into a lease or sales agreement regarding video games of

chance must obtain from the Council an annual non-transferable license for each video

game of chance to be placed in a gaming enterprise operating under the provisions of this

Ordinance.

(a) An application for a license for a video game of chance shall contain the following

information:

(1) the name and address of the applicant with proof of a current and valid

distributor or manufacturer license issued by a state and the Community;

(2) identification numbers or codes for each video game of chance placed in a

Community gaming enterprise, including the manufacturer, the serial number

and the model number;

(3) proof of approval and certification of the machine by an approved gaming

test laboratory or proof that the video game of chance conforms precisely to

the exact specifications of the video game of chance prototype tested and

approved by the gaming test laboratory;

(4) all other information as required by the Tribal-State Compact on Video

Games of Chance;

16
(5) proof of a current and valid video game of chance license issued by the

State of Minnesota pursuant to Minnesota Statute Section 349.52.

(b) Upon issuance, the Council shall have attached to each video game of chance

licensed under the provisions of this ordinance, an unremovable identification plate

on the exterior cabinet which contains the information as cequired by the Tribal-State

Compact on Video Games of Chance.

Section 312. Classes of Licenses.

Upon proper application and approval, the following classes of licenses may be issued by

the Council:

(a) Class A license for a gaming enterprise in which a gaming operator wishes to

conduct traditional bingo and other games of chance at a Community gaming

enterprise; the license shall be site specific, valid for a period of one year and shall

have an application fee of $500.00;

(b) Class B license for a gaming enterprise in which a gaming operator wishes to

conduct video games of chance or other gaming subject to other compacts at a

Community gaming enterprise; the license shall be site specific, valid for a period of

one year and shall have an application fee of $500.00;

(c) Class C license to any management official or key employee of either a gaming

operator or the Community; the license shall be valid for a period of one year and

shall have an application fee of $30.00; and a Class C-i license to any other

employee, not licensed as a management official or key employee, of a gaming

operator or the Community employed in a gaming enterprise licensed under the

provisions of this Ordinance; the license shall be valid for a period of one year and

shall have an application fee of $10.00;

(d) Class 0 license to any distributor or manufacturer of gambling equipment and/or

video games of chance to be used in a community gaming enterprise; the license shall be

valid for a period of one year and shall have an application fee of $500.00;

(e) Class E license for each video game of chance to be used in a community gaming

enterprise; the license shall be valid for a period of one year and shall have the fee

of $10.00.

Section 313. Fraud on application.

It shall be unlawful for any applicant to lie or willfully deceive in the submission of a license

application. The penalty for fraud on application is revocation of the license following

a hearing pursuant to sections 206 and 208. The penalty also includes relevant

sanctions pursuant to section 211

Section 314 Exemptions.

17
(a) The following activities are not public gaming operations under the terms of this

Ordinance and, therefore, do not require a license under this title:

(1) Gaming not for gain. Gaming in which no cash or valuable prizes are won,

other than points for cumulative competitive ratings or places for

immediate competitive rankings, is not subject to the provisions of this

ordinance. However, gaming for gain which is conducted by a non-profit

organization is subject to the requirements of this ordinance if cash or

valuable prizes are awarded. Valuable prize means an object or service

worth One Hundred Dollars ($100.00) or more in fair market value.

(2) Traditional Indian Gaming. Traditional Indian gaming activity, in the nature of

hand games, are not subject to the provisions of this Ordinance. The

Council is hereby authorized to determine on a case-by-case basis, upon

request, whether a particular traditional gaming activity qualifies for the

exemption.

(b) The existing gaming enterprise known as Treasure Island Bingo & Casino shall be

automatically licensed with the adoption of this ordinance; such gaming enterprise is

issued a Class A license and Class B license with a waiver of any application fee;

such licenses shall be renewed each year with a waiver of any fee until otherwise

provided by Council resolution and amendment to this ordinance.

Section 315. License Renewal.

Every licensee intending to continue engaging in public gaming activities within the Prairies

Island Indian Community Reservation during the next calendar year shall apply for renewal

of the license at least thirty (30) days prior to the end of the previous license period.

Section 316. License display.

Every licensed gaming operator shall display in a prominent place a current and valid

Prairie Island Indian Community license for that location.

Section 317. Requirements to maintain license.

(a) Change in location. When a licensee changes a location of public gaming activities

within the Prairie Island Indian Community Reservation, the Council shall, after

notification by the licensee or such changes, issue a corrected license for the

balance of the current period reflecting the new address upon reasonable proof of

change of address and without imposition of an additional license fee.

(b) It shall be unlawful for any licensee to fail to notify the Council of any new

prospective key employee, new ancillary contractor, or new operator. The Council

shall investigate and provide approval or disapproval of the new key employee,

contractor, or operator within thirty (30) days. Any information received by the

Council shall be confidential.

18
(C) It shall be unlawful for any licensee to begin the employment of a new ic~y

employee or primary management official begin the performance of any new

contract or begin the control of any new operator without the approval of the council.

(d) It shall be unlawful for any person to possess a firearm or dangerous weapon on a

premises where licensed gaming is allowed, with the exception of licensed firearms

for the maintenance of order, firearms possessed by duly authorized peace officers,

and firearms maintained by the licensee for protection of himself, his agents, and

invitees.

(e) It shall be unlawful for a licensee to engage in pawnbroking or to take goods or

materials in hock or to lend money or engage in similar activity with indigent persons

solely for the purpose of enabling the indigent person to gamble.

(f) A licensee is required to, during normal business hours, maintain his premises open

for inspection by the Council or its agents or any other authorized government

agency and keep its books and financial records open for similar inspection.

(g) Licensed gaming operators and tribal gaming operators must produce at a players

request, losing tickets, copies of canceled checks or other evidence of loss

acceptable to the Internal Revenue Service if requested by the player or contestant.

at the time the player or contestant buys a ticket or chance or otherwise enters the

game.

(h) The Council shall by regulation impose the following additional requirements:

(1) A determination of whether and in what manner rules of play must be posted

for each type of licensed gaming;

(2) The maximum prize, pot or bet limit, if any, that shall be offered any type of

gaming;

(3) Rules for the particular conduct of any type of licensed gaming should the

Council deem that such rules are necessary for the proper conduct of

gaming;

(4) Any other regulation controlling licensed gaming which is deemed necessary

by the Council.

Section 318. fees.

Each application for an initial or renewal license shall be accompanied by payment of the

license fee. The Councils determination of the license fee properly owed under this

ordinance shall be final. This fee is imposed for the revocable privilege of being licensed to

engage in public gaming activities within the jurisdiction of the Community.

Section 319. Non-transferability.

19
The license issued pursuant to the provisions of this ordinance is valid only for the

person(s) or organization(s) at the place of business shown on the face thereof. It is not

assignable or otherwise transferable to any other person or organization or for any other

location without the written approval of the council.

Section 320. Payment of license fees.

All license fees issued under authority of the Community Council shall be paid to the

Treasury of the Community.

Section 321. License as a revocable privilege.

The public gaming operations license is a revocable privilege, and no holder thereof shall

be deemed to have a part in any vested rights therein or thereunder. The burden of proving

qualifications to hold any license rests at all times in the licensee. The Council is charged

by law with the duty of continually observing the conduct of all licensees to the end that

licenses shall not be held by unqualified or disqualified persons or unsuitable person or

persons whose operations are conducted in an unsuitable manner.

Section 322. Violations.

Violation of any provision of this Ordinance or any of the Councirs Regulations by a

licensee, his agent, or employee shall:

(a) be deemed contrary to the public health, safety, morals, good order, and general

welfare of the Community and its members;

(b) be grounds for refusing to grant or renew a license, or for suspension or revocation

of a license;

(c) be grounds for the filing of criminal charges and/or a civil action in a court of

competent jurisdiction on behalf of the Council; and

(d) be grounds for immediate revocation of license in the case of a licensee being

convicted of a felony.

Acceptance of a license or renewal thereof or condition imposed thereon by a licensee

constitutes agreement on the part of the licensee to be bound by all the regulations and/or

conditions of the Council and by the provisions of this Ordinance as the same are now or

may hereafter be amended or promulgated. It is the responsibility of the licensee to keep

him/herself informed of the contents of all such regulations, provisions, and conditions, and

ignorance thereof will not excuse the violations.

TITLE VI. RULES OF GENERAL APPLICABILITY

Section 400. Rules of gaming operation.

20
Each licensee operating a gaming enterprise under a license issued pursuant the provisions

of this ordinance shall prominently display in writing all rules and regulations pertaining to all

gaming activity, including but not limited to traditional bingo, other games of chance and

video games of chance, near the specific location where such gaming activity is conducted;

or shall make available a written list of all such rules and regulations to any person making

a request for such.

Each gaming operator licensed under the provisions of this ordinance shall utilize gaming

rules and regulations that are in compliance with the laws of the Community, the State of

Minnesota, and the United States of America, any compact on video games of chance or

other compacts and specifically the Indian Gaming Regulatory Act of 1988.

Section 401. Video Games of Chance.

The following requirements shall apply to management and conduct of all video games of

chance within any gaming enterprise licensed pursuant to the provisions of this Ordinance.

(a) Licensing of manufacturers; no gaming enterprise may own, lease, or operate video

games of chance that have been manufactured by a manufacturer that has not

received a license from the Council pursuant to the provisions of Title Ill of this

Ordinance. The Council shall issue licenses only to manufacturers of video games

of chance holding a valid license from the State of Minnesota, or the State of New

Jersey, or the State of Nevada, or the State of South Dakota.

(b) Licensing of distributors; no gaming enterprise may own, lease, or operate video

games of chance that have been distributed by a distributor that has not received a

license from the Council pursuant to the provisions in Title Ill of this Ordinance. The

Council shall issue licenses only to distributors of video games of chance holding a

valid license from the State of Minnesota, or the State of New Jersey, or the State of

Nevada, or the State of South Dakota.

(c) Suspension, revocation, or non-renewal of manufacturer or distributor license; in the

event that the State of Minnesota, or the State of New Jersey, or the State of

Nevada, or the State of South Dakota, suspends, revokes, or refuses to renew a

license of a manufacturer or distributor of video games of chance similarly licensed

by the Council, such action shall be grounds for similar action by the Council, which

shall suspend, revoke, or refuse to renew the license issued by the Council to such

manufacturer or distributor.

(d) Technical standards: testing and approval of video games of chance; no video game

of chance may purchased, leased or otherwise acquired by a gaming enterprise

unless:

(1) the video game of chance is purchased, leased, or acquired from a

manufacturer or distributor licensed to sell, lease, or distribute video games

of chance by the Council pursuant to the provisions of this Ordinance; and

21
(2) the video game of chance, or a prototype thereof, has been tested, approved

or certified by a gaming test laboratory as meeting all requirements and

standards of the compact on video games of chance or other compacts.

(e) Compliance with the compact on video games of chance and other compacts: any

gaming activity involving video games of chance shall be conducted in strict

compliance with the compact on video games of chance and any other compacts.

Section 402. Restrictions for gaming enterprises.

Each licensee operating a gaming enterprise under a license issued pursuant to the

provisions of this Ordinance must at all times observe the following restrictions on gaming

activities:

(a) No credit extended: all gaming shall be conducted on a cash basis. Except as

herein provided, no person shall be extended credit for gaming by any gaming

enterprise. This restriction shall not apply to credits won by players who activate

play on video games of chance after inserting coins or currency into the game, and

shall not restrict the right of a gaming enterprise to offer check cashing or to install or

accept bank card or credit card transactions in the same manner as would be

normally permitted at any retail business within the State of Minnesota.

(b) Minimum age for players: no person below the age of eighteen (18) years on the

date of gaming shall be permitted to participate in the gaming in any gaming

enterprise licensed under the provisions of this ordinance. If any person below the

age of eighteen (18) years plays and otherwise qualifie to win any prize, the prize

shall not be paid, and the estimated amount wagered during the course of the game

shall be returned to the player.

(C) Prohibition on alcohol: no gaming enterprise shall allow to be sold or otherwise

make available any beverage containing alcohol including, but not limited to, beer or

liquor at the gaming enterprise location.

(d) Prohibition on firearms: no firearms or air-guns which are capable of discharging

dangerous projectiles or gases including, but not limited to, bbs or C02 guns,

rifles, shotguns, pistols, or revolvers, shall be allowed on the premises except as

permitted for security by an employed security force or other city, state, or federal

law enforcement officers in the course of their official duties.

TITLE V. INDIAN GAMING REGULATORY ACT

Section 500. Policy.

It shall be the policy of the Community to fully comply with all applicable U.S. federal law, to

include the provisions of the Indian Gaming Regulatory Act (25 U.S.C. §2701 et seq.), and

the Tribal-State Compact on Video Games of Chance and other Compacts, if any, in the

conduct of all gaming activity within the jurisdiction of the Community.

22
Section 501. Proprietary Interest.

The Prairie Island Indian Community shall have the sole proprietary interest and

responsibility for the conduct of any gaming activity, Class II or Class Ill, as those terms are

defined by the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §2703 (7),(8) within the

jurisdiction of the Community.

Section 502. Net Revenues.

Net revenues derived from gaming activity shall be utilized for the foflowing purposes:

(a) To fund Community government operations or programs;

(b To provide for the general welfare of the Community and its members;

(C) To promote Community economic development;

(d) To donate to charitable organizations; or

(e) To help fund operations of local government agencies.

Section 503. Per capita payments.

Net revenues from any Class II gaming activity (as defined by the Indian Gaming

Regulatory Act, 25 U.S.C. §2703) may be used to make per capita payments to Community

members only if the following conditions are first met:

(a) The Community has prepared an adequate plan for allocation of net revenues as

described above in Section 502, which plan has been approved by the Secretary of

Interior or his authorized delegate;

(b) In the event of a per capita distribution, the interests of affected minors and other

legally incompetent persons entitled to such per capita payments are adequately

protected and preserved, under a plan approved by the Council and by the

Secretary of the Interior or his authorized delegate; and

(c) The recipients of the said per capita payments are properly notified by the

Community that the payments are subject to federal taxation.

Section 504. Licensee standards.

It is the further duty of the Council to develop standards whereby any person whose prior

activities, criminal record, if any, or reputation, habits or associations pose a threat to the

public interest or to the effective regulation of the gaming activity contemplated herein, or

create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and

activities in the conduct of gaming shall not be eligible for employment by any gaming

activity licensed by the Council. The Council shall conduct background investigations on

primary management officials and key employees of all gaming activity. The results of such

23
background checks shall be supplied to the National Indian Gaming Commission prior to

the issuance of any gaming license.

Section 505. Contracts.

All contracts for supplies, services, or concessions for a contract amount in excess of

Twenty-five Thousand Dollars ($25,000.00) annually (except for contracts for professional

legal or accounting services) relating to Class II and Class Ill gaming (as defined by the

Indian Gaming Regulatory Act, 25 U.S.C. §2703) shall be subject to the outside

independent audits provided for in Title II, section 202 (6) of this ordinance.

Section 506. Protections.

It is the further duty of the Council to ensure that any construction and maintenance of any

gaming facility licensed by the Council, and the operation of the gaming activity therein shall

be conducted in a manner which adequately protects the environment and the public health

and safety.

Section 507. Licenses for continuing operations.

No licenses will be issued to allow the continuing operation of individually owned gaming

establishments since none were in operation on September 1, 1986. Also, Section 302 of

this Ordinance does not allow for individually owned gaming establishments.

Section 508. Tribal Self-Regulation.

It is the intent of the Community to request a hearing before the National Indian Gaming

Commission for the issuance of a certificate of self-regulation. In anticipation of being self

regulating, the Community ensures that it will:

(a) conduct its gaming activity in a manner which:

(1) has resulted in an effective and honest accounting of all revenues;

(2) has resulted in a reputation for safe, fair, and honest operation of the activity;

and

(3) has been generally free of evidence of criminal or dishonest activity;

(b) adopt and implement adequate systems for:

(1) accounting for all revenues from license gaming activity;

(2) investigation, licensing, and monitoring of all employees of the gaming

activity; and

(3) investigation, enforcement and prosecution of violations of this Ordinance

and regulations; and

24
(C) conduct all gaming operations on a fiscally and economically sound basis.

Section 509. Management agreements.

All management agreements entered into by the Community, if any, shall comply with all the

applicable provisions of the Indian Gaming Regulatory Act, 25 U.S.C. §2711.

Section 510. Internal Revenue Code.

All applicable Internal Revenue code provisions concerning reporting and withholding of

taxes with respect to the winnings from gaming shall be adhered to.

25
h\ I~ ~_ ~

t~ L u~Ju~u~

Prairie Island Tribal Council

(A Tribal Government)

RESOLUTION 94- /~

WHEREAS, the Prairie Island Indian Community in the State of Minnesota (also known

as the Prairie Island Mdewakanton Dakota Community) is a federally recognized Tribe

organized under 25 U.S.C. § 476, and is governed under the terms of the Constitution and

By-laws adopted by the tribal members on May 23, 1936, and approved by the Secretary of

the Interior on June 20, 1936; and

WHEREAS, the said Constitution and By-laws provide that the Community Council

(sometimes referred to as the Tribal Council), shall be the governing body for the Prairie

Island Indian Community (Article IV, Section 1);and

WHEREAS, the Tribal Council has the authority to establish ordinances for the

maintenance of law and order upon the Reservation and for the establishment of courts to

enforce such ordinances; and

WHEREAS, the Tribal Council has the authority under the Constitution and By-laws to

promulgate ordinances, resolutions, institute regulations, and consider various legal matters

that fall within the authority of a federally recognized Indian tribe; and

WHEREAS, the Tribal Council has the authority under the Constitution and By-laws to

promote the general welfare of the Community by regulating the conduct of trade and the

use and disposition of property upon the Reservation; and

WHEREAS, the Prairie Island Indian Community is a federally recognized Indian Tribe

and owns and operates a gaming enterprise, Treasure Island Casino & Bingo (Treasure

Island), located at 5734 Sturgeon Lake Road, Welch, MN 55089 regulated under the Indian

Gaming Regulatory Act of 1988, 25 U.S.C. §2701 et seq. (IGRA); and

WHEREAS, the National Indian Gaming Commission has issued new regulations 25

C.F.R. Parts 501 et al. and 25 C.F. R. Part 502 governing definitions under IGRA; Class II

and Class lii Gaming Ordinances; Background Investigations and Gaming Licenses Under

the IGRA; Privacy Act Procedures under the IGRA; and

1158 Island Blvd Welch, MN 55089

(612) 385-2554 1-800-554-5473 Fax (612) 388-1576
Page Two of

Resolution 94- ~

WHEREAS, the Tribal Council wishes to enact an Ordinance that complies with the new

regulations issued by the National Indian Gaming Commission; and

WHEREAS, the Tribal Council determined that in order to promote economic development

on the Reservation and promote the general welfare of the Community and to better

manage its business it must revise the PRAIRIE ISLAND INDIAN COMMUNITY

GAMING ORDINANCE.

NOW THEREFORE BE IT RESOLVED, the Tribe Council hereby adopts the following

revisions to the PRAIRIE ISLAND INDIAN COMMUNITY GAMING ORDINANCE:

1. Section 301. Application necessary. shall be amended to read as follows:

Except as provided for ~n Section 307, all persons or organizations who may seek to

engage in public gaming activities within the jurisdiction of the Community must apply for

the appropriate license for each place, facility, or location on Community land where

gaming is to occur, at least Thirty (30) days prior to the scheduled activities or as

otherwise allowed in the discretion of the Council.

2. Section 302. Application for gaming enterprise, shall be amended to read

as follows:

The application for any tribally owned gaming enterprise made by the proposed gaming

operator for that tribally owned gaming enterprise shall contain the following information:

(a) the name and address of the gaming operator;

(b) the name(s) and address(es) of all interested parties (including those with direct or

indirect financial interests) and their interest and connection with the applicant;

(C) the name and location of the gaming enterprise for which the gaming operator

license is being sought, the number and types of games to be played, a detailed

plan of any proposed construction with an environmental impact study, the number

of planned employees, and a business plan which includes a pro-forma projection;

(d) explicit and detailed information of any criminal record of any party of interest whose

name appears on the application to determine whether any party of interest:

(1) has committed a felony or gaming offense in any jurisdiction;

(2) has engaged in prior activities or maintains habits or associations

affecting his present conduct which would:
Page Three of

Resolution 94- /~?~

(i) pose a threat to the pubflc and Community interests;

(ii) threaten the effective regulation and control of Community

gaming;

(iii) enhance the dangers of unsuitable, unfair, or illegal methods,

or activities in the conduct of gaming.

(3) the name and address of all proposed or actual ancillary contractors

who provide supplies, services, concessions or property proposed

gaming operator;

(4) the social security number(s) of all parties of interest whose name

appears on the application;

(5) a description of any previous experience which the proposed

operator has had with the gaming industry generally, and Indian gaming in

particular, including specifically the name and address of any licensing or

regulatory agency with which such applicant has had contact relating to

gaming,

(6) a financial statement of the applicant;

(7) any additional information as may be deemed necessary by the

Council.

3. Section 303(b). Application and Investigation Report for primary

management officials and key employees, shall be amended to

read as follows:

(b) The Prairie Island Community Council is responsible for and shall conduct an

investigation sufficient to make a determination that employment of a person under

investigation poses/does not pose a threat to the public interest or to the effective

regulation of gaming, or creates or enhances the dangers of unsuitable, unfair, or

illegal practices and methods and activities in the conduct of gaming. In conducting

a background investigation, the Prairie Island Community Council or its agents shall

promise to keep confidential the identity of each person interviewed in the course of

the investigation. The Prairie Island Community Council shall responsible for

the following:

1) conducting the background investigation;

2) reviewing and approving of the investigative work done;

3) reporting the results of the background investigation to the National

Indian Gaming Commission;
Page Four of

Resolution 94- /C~

4) obtaining fingerprints under the supervision of the City of Red Wing,

Minnesota Police Department and processing finger prints through the

National Indian Gaming Association;

5) making suitable determinations

6) verifying by written or oral communication information submitted by

the applicant.

7) inquiring in the applicants prior activiites, criminal record, if any,

and reputation, habits and associations;

8) interviewing a sufficient number of knowledgeable people such as

former employers, personal references, and others referred in order to

provide a basis for the Council to make a finding concerning the

eligibility for employment in a gaming operation;

9) preparing an investigative report that includes the following:

a) steps taken in conducting the background investigation;

b) results obtained including the documentation of all

potential problem areas noted and disqualifying information

obtained;

c) conclusions reached; and

d) the basis for those conclusions.

4. Section 505. Contracts. shall be amended to read as follows:

All contracts for supplies, services, or concessions for a contract amount in excess of

Twenty-five Thousand Dollars ($25,000.00) annually (except for contracts for professional

legal or accounting services) relating to Class II and Class Ill gaming (as defined by the

Indian Gaming Regulatory Act, 25 U.S.C. §2703) shall be subject to the outside

independent audits provided for in Title II, section 202 (6) of this ordinance.

5. Section 507. Licenses for continuing operations, shall be amended to

read as follows:

No licenses will be issued to allow the continuing operation of individually owned gaming

establishments since none were in operation on September 1, 1986. Also, Section 302 of

this Ordinance does not allow for individually owned gaming establishments.
Page Five of

Resolution 94- /~

Certification

This resolution was passed at an Executive meeting of the Prairie Island Tribal Council with

a quorum present with a vote of 5 for, 0 against, p

abstentions, on ~.J 4~JI 1 1994.

_____________

Curtis Campbe~Sr., President

~,

Darelyn Lehko, Vic~President

~

~~J47W

ByrOryfvhite, Secretary

~

Alan W. Childs Sr., Treasurer

~)Z~?~i1 ~ F~ichael J. Childs Sf~ Asst. Secy.ITreasurer