SOKAOGON CHIPPEWA COMMUNITY

MOLE LAKE BAND

RT. 1, BOX 625

CRANDON, WISCONSIN 54520-9635

(715) 478-2604

RESOLUTION NO. 8-4A-93

WHEREAS,The Sokaogon Chippewa community is federally recognized Indian Tribe, organized

under a Constitution adopted August 25, 1 938, and approved on November 9, 1 938, pursuant to

Section 1 6 of the Indian Reorganization Act; and

WHEREAS, The Sokaogon çhippewa Community and the State of Wisconsin have agreed to a

formal Gaming Compact as Authorized by the Indian Gaming Regulatory Act which requires a

separate Tribal Gaming Ordinance to be adopted and the most recent revisions to be forwarded to

the National Indian Gaming Commission; and

WHEREAS, The Sokaogon Chippewa Community desires to revise the current Tribal Gaming

Ordinance which sets the conditions under which Class III Gaming may be conducted on Tribal

Lands; and

WHEREAS, The Sokaogon Chippewa Community desires to adopt revisions to the Tribal Gaming

Ordinance to Coincide with the negotiated conditions of the Tribal/State Gaming Compact of

1991; and

NOW THEREFORE BE IT RESOLVED: This ordinance shall be henceforth known as the

SOKAOGON CHIPPEWA COMMUNITY AMENDED GAMING ORDINANCE; and

BE IT FURTHER RESOLVED:That the Sokaogon Chippewa Community adopts the Tribal Gaming

Ordinance as revised (8-4-93) which coincides with the negotiated terms of the Tribal/State

Gaming Compact of 1991; and

BE IT FURTHER RESOLVED: That the Honorable Arlyn Ackley Sr., Tribal Chairman is authorized

to forward to the National Indian Gaming Commission, The Sokaogon Chippewa Community

Amended Gaming Ordinance as revised (8-4-93)

CERTIFICATION

I, the undersigned, as Secretary of the Sokaogon Chippewa Community Tribal Council, do

hereby certify that the Tribal Council composed of six members, of whom (5) were

present, constitute a quorum, at a meeting duly called, and convened on the 4th day of

August, 1 993, and that the foregoing Resolution was passed by an affirmative vote of (5)

members for, and (0) members against (0) embers abstaining. (1) absent.

Paulette Sthith,

Tribal Secretary

CHIEF

WILLARD L. ACKLEY
CHAPTER 110

SOKAOGON CHIPPEWA COMMUNITY

AMENDED GAMING ORDINANCE

110.00 TITLE This ordinance shall be henceforth known as the SOKAOGON

CHIPPEWA COMMUNITY AMENDED GAMING ORDINANCE (Ordinance),

amending and superseding all preceding gaming ordinances.

110.01 PURPOSE ANb GENERAL PROVISIONS

(1) The Tribal Council of the Sokaogon Chippewa Community (hereinafter

Tribe), empowered by the Tribes Constitution to enact ordinances, hereby

enacts this ordinance in order to set the terms for any gaming operations on

tribal lands.

(2) To provide appropriate regulations and rules which shall be strictly and

uniformly enforced throughout the jurisdiction of the Tribe to ensure the

close control by the Tribal Council (Council), the Tribal governing body of

the Sokaogon Chippewa Community and the Sokaogon Gaming Enterprise

Corp (Corporation), a Tribal chartered corporation presently operating all

Class Ill gaming operations of the Sokaogon Chippewa Community, of all

phases of the conduct of gaming operations on the Tribes Lands.

(3) To provide a statutory basis for the operation of gaming by the Tribe

as a means of promoting tribal economic development, self-sufficiency and a

strong tribal government.

(4) To secure the employment and revenue benefits of gaming for our

tribal members, all in accordance with the Indian Gaming Regulatory Act

(IGRA) and a certain Compact entered into with the State of Wisconsin on

August 22, 1991 (Compact).

(5) This ordinance shall be maintained in updated form, incorporating

such amendments as shall from time to time be adopted by the Council and

approved as maybe required by 25 U.S.C. Sec 2712 of the IGRA and 25

CFR part 523 of the National Indian Gaming Commissions Regulations.

(6) The regulations and rules set forth in this Ordinance shall govern all

gaming operations conducted on the Tribes Lands.

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110.02 DEFINITIONS

(1) Applicant means any person having on file with the Council or the

Corporation an application for a gaming license.

(2) Application means the completed forms and information requested

by the Council or the Corporation.

(3) Class II gaming means Class II gaming as defined in accordance

with the IGRA, 25 U.S.C. Sec.2703(7)(A).

(4) Class Ill gaming means Class Ill gaming as defined in accordance

with the IGRA, 25 U.S.C. Sec.2703(8).

(5) Corporation means the Sokaogon Gaming Enterprise Corp.

established pursuant to a Tribal Charter granted and empowered by Tribal

Resolution #1-13A-93 by the Sokaogon Tribal Council on January 13, 1993

and radified by the Tribal Council, February 25, 1993.

(6) Compact means any compact between any state and the Tribe

entered into pursuant to the IGRA, including any amendments thereto.

(7) Gaming Facilities means the buildings and associated real property

within which the Tribe conducts Class II and Class Ill gaming and other

associated commercial activity related to such gaming.

(8) Gaming Operations means all of the Tribes Class II and Class Ill

gaming operations conducted pursuant to the Ordinance. Gaming

Operation means each economic entity that is licensed by the Tribe,

operates the games, receives the revenues, issues the prizes and pays the

expenses.

(9) Gaming Regulations means all of the Tribes Class II and Class Ill

rules and regulations pertaining to any gaming operations presently in force

or from time to time that may be amended or adopted.

(10) General Manager means the individual who has responsibility for

day-to-day operations of a Gaming Operation.

(11) IGRA means the Indian Gaming Regulatory Act, Pub.L. 100-497, 25

U.S.C. Sec.2701 ~

(12) Lottery Board means the Wisconsin Lottery Board, its authorized

officials, agents and representatives.

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(13) Management Contract means any contract, subcontract or collateral

agreement between the Tribe and a contractor or between a contractor and

a subcontractor~ if such contract or agreement provides for the management

of all or part of any Gaming Operations, within the meaning of 25 C.F.R.

Sec.502.5.

(14) NIGC means the National Indian Gaming Commission established

pursuant to the IGRA, 25 U.S.C. Sec.2704.

(15) Net revenues means gross revenues of any Gaming Operations less

amounts paid out as, or paid for, prizes and total gaming-related operating

expenses including debt service but excluding management fees paid to a

management contractor within the meaning of 25 U.S.C. Sec.271 1(c).

(16) Ordinance means this Gaming Ordinance.

(17) Owner or Controlling Person means any natural person, beneficiary

or trustee, any partner in a partnership, and any person who is a director or

who holds or controls at least 10 percent of the issued and outstanding

stock of a corporation, having a direct financial interest in any Management

Contract.

(18) Person means any individual or entity, including any corporation or

general or limited partnership.

(19) Premises or Licensed Premises means any place, facility, or

location on the Tribes Lands at which Class II or Class Ill gaming is

conducted.

(20) A Relative of a person includes any of the persons parents and

children (including adopted children) living in the persons immediate

household. Relatives of the half blood are considered to be in the same

relationship as if in the whole blood.

(21) Tribe means the Sokaogon Chippewa Community, any of its

subdivisions, enterprises, agencies or instrumentalities, subdivisions of such

enterprises, agencies or instrumentalities, corporations chartered under

federal, state or tribal law which are wholly owned by any of the foregoing,

and authorized officials, agents and representatives of any of the foregoing.

(22) Tribes Lands or Tribal Land means ~ ands within the limits of

the Sokaogon Chippewa Community reservation; All lands owned by the

Tribe; All lands held in trust by the United States for the benefit of the Tribe,

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over which the Tribe exercise governmental power, and which meet the

requirements of Section 20 of the IGRA, 25 U.S.C. Sec. 2719.

(23) Tribal Council means the duly elected governing body of the Tribe

operating and elected in accordance with the Constitution of the Tribe.

110.03 AUTHORIZATION OF GAMING ACTIVITIES

(1) Authority~ for Class II gaming. The Tribe shall be authorized to

conduct all forms of Class II gaming on the Tribes Lands.

(2) Authority~ for Class Ill gaming.

A. Class III gaming as defined in the Indian Gaming Regulatory

Act, P.L. 100-447, 25 U.S.C. Section 2703 (8) (IGRA) and by the

regulations promulgated by the National Indian Gaming Commission at

25 C.F.R. & 502.3 (as published in the Federal Register at 57 FR

12382-12393, April 9, 1992) is hereby authorized.

B. Pursuant to the terms and Provisions of the Gaming Compact

between the State of Wisconsin and the Sokaogon Chippewa

Community, (hereinafter Compact), the following Class Ill games

may be conducted under tribal auspices on tribal property within the

confines of the Sokaogon Chippewa Reservation: blackjack,

electronic games of chance with video display, electronic games of

chance with mechanical display, pull-tabs 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.

C. No person acting under the authority or auspices of the Tribe

shall conduct, or participate in the conduct of any Class Ill game on

the Reservation other than the games provided in Section (B) above.

(3) No non-authorized person shall conduct or participate in the conduct

of any gaming on the Tribes Lands

(4) Authority for Management and Other Contracts. The Tribe may enter

into any contracts or other agreements to further its gaming interests,

including one or more Management Contracts. Each Management Contract

shall designate the person or persons having responsibility for management

of all or part of any Gaming Operations. Management Contracts and other

gaming-related contracts shall contain such provisions as are required under

the IGRA and the Compact, shall be submitted to the NIGC or other

appropriate federal regulatory body for approval as required by the IGRA,

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and shall be submitted to the Lottery Board or other appropriate state

regulatory body~ for approval as required by the Compact. Except as

provided in the contract, all such contracts shall be effective pending review

by the NIGC, other appropriate federal regulatory body, and/or the Lottery

Board or other appropriate state regulatory body.

(5) The Compact is hereby incorporated herein by reference, as if

attached hereto, as an integral part of this ordinance with respect to all

forms of Class Ill gaming, as if set forth in full herein; provided, however,

that nothing in the adoption of the Compact herein shall be deemed to affect

the operation by the Tribe of any Class II gaming, whether conducted within

or without the gaming facilities, or to confer upon any state any jurisdiction

over such Class~ II gaming conducted by the Tribe on the Tribes Lands.

(6) Authority1 for Gaming Commission. The Tribe may by Ordinance or

under the provisions of Tribal Gaming Regulations, that may from time to

time, be adopted by the Tribe, provide for the establishment of a Gaming

Commission whose purpose shall be primarily advisory in nature. Its primary

function shall be to watch and review the policies and procedures of the

Gaming Corporation, to review and develop policies, guidelines, procedures

and regulations for Class II and Class Ill gaming on the Tribes Lands,

including any amendments to this Ordinance, and for reporting to and

recommending that the Council adopt such policies, guidelines, procedures

and regulations.

110.04 CONFORMANCE WITH IGRA AND COMPACT

This Ordinance shall be construed in a manner which conforms to the IGRA

and the Compact in all respects, and if inconsistent with the IGRA or the

Compact in any manner, the provisions of the IGRA or the Compact,

respectively, shall govern.

110.05 STANDARDS OF OPERATION AND MANAGEMENT

(1) Class II games. The Council shall adopt standards of operation and

management for bingo and other Class II games and, pending such adoption,

may impose such interim standards as it may determine necessary to protect

the integrity of such games. The standards of operation and management

for Class II games shall provide, at a minimum, that:

(a) No person under the age of 18 shall be permitted to participate

in any Class II gaming operations as an employee, contractor or

player.

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(b) The rules by which the game will be conducted and the winner

or winners determined will be established in advance of the game and

shall be visibly displayed or available in pamphlet form in the Gaming

Facility.

(2) Class Ill games. The standards of operation and management for

Class Ill games shall be those set forth in the Compact. The Council and/or

the Corporation may adopt standards of operation and management for

Class Ill games that are no less stringent than, or not otherwise inconsistent

with, the Compact.

110.06. OWNERSHIP OF GAMING

The Tribe shall have the sole proprietary interest in and responsibility for the

conduct of any gaming operation authorized by this ordinance.

110.07 USE OF GAMING REVENUES

(1) The net revenues from any games shall be exclusively devoted to the

purposes authorized by the Council.

(2) Net revenues from class II gaming shall be used only for the following

purposes: 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.

(3) If the Tribe, in the future, should elect 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. & 2710 (b)

(3)1

(4) The interests of minors and other legally incompetent persons who are

entitled to receive per capita payments will be protected and preserved as

required by the IGRA.

I Guidelines to Govern the Review and Approval of Per

Capita Payments, memorandum to All Area Directors from the

Assistant Secretary - Indian Affairs, December 21, 1992.

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110.08 AUDIT

(1) The tribe shall cause to be conducted annually an independent audit

of gaming operations and shall submit the resulting audit reports to the

National Indian Gaming Commission.

(2) All gaming related contracts that result in the purchase of supplies,

services, shall be specifically included within the scope of the audit that is

described in subsection (1). above.

110.09 PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH & SAFETY

(1) All gaming facilities shall be constructed, maintained and operated in

a manner that adequately protects the environment and the public health

and safety. (Include State Requirements).

(2) Notwithstanding the provisions of Sec.110.09(1) hereof, the Tribes

Gaming Facilities existing on the effective date of the Compact shall be

exempt from the requirements of Sec.1 10.09 for a period of one year after

the effective date of this Ordinance.

110.10 LICENSING PROCEDURES

(1) The Tribe shall ensure that the policies and procedures set out in this

section are implemented with respect to key employees and primary

management officials employed at any gaming enterprise operated on Indian

lands.

(2) Tribal License Required. No person shall manage or be employed in

any Gaming Operations on the Tribes Lands unless and until the licensing

procedures in this Section 110.10 if applicable, have been complied with

and a license has been granted hereunder. In addition to any state licenses

required under the Compact, the following persons must obtain tribal

licenses: any party to a Management Contract with the Tribe, and any

Primary Management Officials and Key Employees.

(3) Separate License Required for Each Facility. A separate license shall

be required for each place, facility or location on the Tribes Lands at which

Class II or Class Ill gaming is or will be conducted.

(4) Application for License. No license shall be issued under this Chapter

except upon a sworn Application filed with the Council and/or the

Corporation, in such form as may be prescribed by the Council and/or the

Corporation.

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(A) Definitions

For the purpose of this section, the following definitions apply:

1. Key emłloyee means

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

following functions:

(1) Bingo caller;

(2) Counting room supervisor

(3) Chief of security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pit boss;

(7)

(8)

(9)

(10)

Dealer;

Croupier;

Approver of credit; or

Custodian of gambling devices including

persons with access to cash and accounting

records within such devices;

(b) If not otherwise included, any other persons whose

total cash compensation is in excess of $50,000

per year; or

(c) If not otherwise included, the four most highly

compensated persons in the gaming operation.

2. 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

8
N

(B) ADplication Forms

(1)~ The following notice shall be placed on the application

form for a key employee or a primary management official

before that form is filled out by and applicant:

In compliance with the Privacy Act of 1974, the following information

is provided: Solicitation of the information on this form is authorized

by 25 U.S.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 informatfinancial management responsibility.

ion will be used by National Indian Gaming Commission members and

staff who have need for the information in the performance of their

official duties. The information may be disclosed to appropriate

Federal, Tribal, State, local, or foreign law enforcement and regulatory

agencies when relevant to civil, criminal or regulatory investigations or

prosecutions or when pursuant to a requirement by a tribe or the

National Indian Gaming Commission in connection with the hiring of

firing of an employee, the issuance or revocation of a gaming license,

or investigations of activities while associated with a tribe or a gaming

operation. Failure to consent to the disclosures indicated in this

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

management official or key employee position.

The disclosure or your Social Security Number (SSN) is voluntary.

However, failure to supply a SSN may result in errors in processing

your application.

(2) Existing key employees and primary management officials

shall be notified in writing that they shall either:

(a) Complete a new application form that contains a

Privacy Act notice; or

(b) Sign a statement that contains the Privacy Act

notice and consent to the routine uses described in

that notice.

(c) Confidentiality statement.

(3) The following notice shall be placed on the application

form for a key employee or a primary official before that form is

filled out see application also notify Karen by an applicant.

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A false statement on any part of your application may be grounds for

not hiring~ you, or for firing you after you begin work. Also, you may

be punished by fine or imprisonment.

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

(4) The Tribe shall notify in writing existing key employees

and primary management officials that they shall either: Notify

Karen that key employees (all managers) must sign.

(a) Complete a new application form that contains a

notice regarding false statements; or

(b) Sign a statement that contains the notice regarding

false statements.

(C) Background Investigations

(1) The Tribe shall request from each primary management

official and from each key 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 for the previous 5 years: Business

and employment positions held, ownership

interests in those businesses, business and

residence addresses, and drivers license numbers;

(c) The names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the applicant

during each period of residence listed under

paragraph (1) (b) of this section;

(d) Current business and residence telephone

numbers;

(e) A description of any existing and previous business

relationships with Indian tribes, including

ownership interests in those business;

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(f) A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

(g) The name and address of any licensing or

regulatory agency with which the person has filed

an application for a license or permit related to

gaming, whether or not such license or permit was

granted;

(h) For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name

and address of the court involved, and the date

and disposition if any;

(i) For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations), within 10 years of the date of the

application, the name and address of the court

involved and the date and disposition;

(j) For each criminal charge (excluding minor traffic

charges), whether or not there is a conviction, if

such criminal charge is within 10 years of the date

of the application and is not otherwise listed

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

section, the criminal charge, the name and address

of the court involved and the date and disposition;

(k) The name and address of any licensing or

regulatory agency with which the person has filed

an application for an occupational license or

permit, whether or not such license or permit was

granted;

(I) A current photograph;

(m) A description of the premises at which the games

are to be conducted, with proof of the contractual

or other basis upon which the Applicant shall

conduct games, or be employed, at such premises;

(n) Any other information the Tribes deems relevant;

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(o) Fingerprints consistent with procedures adopted by

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

(p) Agreement by the Applicant to accept and abide

by all conditions of the license as provided in this

Ordinance.

(2): The Tribe shall conduct an investigation sufficient to

make a determination under subsection D. below. In

conducting a background investigation, the Tribe or its agent

shall promise to keep confidential the identity of each person

interviewed in the course of the investigation.

(Dl Eligibility Determination

The Tribe shall review a persons prior activities, criminal

record, if any, and reputation, habits and associations to make

a finding concerning the eligibility of a key employee or primary

management official for employment in a gaming operation. If

the Tribe determines that employment of the person poses a

threat to the public interest or to the effective regulation of

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

illegal practices and methods and activities in the conduct of

gaming, or tribal gaming operation shall not employ that person

in a key employee or primary management official position.

(E) Procedures for Forwarding Applications and Reports for jç~y

Employees and Primary Management Officials to the National

Indian Gaming Commission

(1) When a key employee or primary management official

begins work at a gaming operation authorized by this ordinance,

the Tribe shall forward to the National Indian Gaming

Commission a completed application for employment and

conduct the background investigation and make the

determination referred to in subsection D of this section.

(2) The Tribe shall forward the report referred to in

subsection F of this section to the National Indian Gaming

Commission within 60 days after an employee begins work or

within 60 days of the approval of this ordinance by the

Chairman of the National Indian Gaming Commission.

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(3) The gaming operation shall not employ as a key

employee or primary management official a person who does

not have a license after 90 days.

(F) Report to the National Indian Gaming Commission

(1) Pursuant to the procedures set out in subsection E of this

section, the Tribe shall prepare and forward to the National

Indian Gaming Commission an investigative report; Which shall

include all of the following:

(a) Steps taken in conducting a background

investigation;

(b) Results obtained;

(c) Conclusions reached; and

(d) The basis for those conclusions.

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

eligibility determination made under subsection D of this

section.

(3) If a license is not issued to an applicant, the tribe:

(a) Shall notify the National Indian Gaming

Commission; and

(b) May forward copies of its eligibility determination

and investigative report (if any) to the National

Indian Gaming Commission for inclusion in the

Indian Gaming Individuals Records System.

(4) With respect to key employees and primary management

officials, the Tribe shall retain applications for employment and

reports (if any) of background 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.

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(G) Granting a Gaming License

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

Gaming Commission receives a report, the National Indian

Gaming Commission notifies the tribe that it has no objection to

the issuance of a license pursuant to a license application filed

by a key employee or a primary management official for whom

the tribe has provided an application and investigative report to

the National Indian Gaming Commission, the Tribe may issue a

license to such applicant.

(2) The Tribe shall respond to a request for additional

information from the Chairman of the National Indian Gaming

Commission concerning a key employee or a primary

management official who is the subject of a report. Such a

request shall suspend the 30-day period under paragraph G. 1.

of this section until the Chairman of the National Indian Gaming

Commission receives the additional information.

~ 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

consider the application, taking into account the objections

itemized by the National Indian Gaming Commission. The Tribe

shall make the final decision whether to issue a license to such

applicant.

(H) License Suspension

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

receives from the National Indian Gaming Commission reliable

information indicating that a key employee or a primary

management official is not eligible for employment under

subsection D. above, the Tribe shall suspend such license and

shall notify in writing the licensee of the suspension and the

proposed revocation.

(2) The Tribe shall notify the licensee of a time and a place

for a hearing on the proposed revocation of a license.

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(3) After a revocation hearing, the Tribe shall decide to

revoke or to reinstate a gaming license. The Tribe shall notify

the~ National Indian Gaming Commission of its decision.

(6) Hearing on Application for License. All Applications in which the

Applicant is seeking a waiver of any requirements as set forth herein shall be

considered by the Council in open session at which the Applicant, his or her

or its attorney or paralegal and any person protesting the Application shall

have the right to be present. All other Applications shall be considered by

the Corporation in open session at which the Applicant, his or her or its

attorney or paralegal and any person protesting the Application shall have

the right to be present.

(7) Authority to Issue License. The Council shall grant or deny

Applications for a license in which the Applicant is seeking a waiver of any

requirements as set forth herein. The Corporation shall grant or deny all

other Applications for a license. Any license granted by the Corporation

shall be effective upon the date of grant, which effectiveness shall be

provisional as set forth in Section 110.11 hereof pending the satisfactory

completion of all background investigations; provided, however, that the

Corporation must provide written notice to the Council of the granting of

any licenses, and the Council shall have the power to overturn the granting

of any license by action within 30 days after receipt of such notice. If

overturned by the Council, a license issued by the Corporation shall have no

force or effect.

(8) Appeal of Denial of License. The applicant may appeal to the Council

from any den ial~ of a license by the Corporation by mailing written notice of

appeal to the Council within 15 days after the date of denial. Appeals shall

be heard by the, Council under the same open hearing procedure set forth in

Sec. 110.10 (6)~ established for the Corporation.

(9) Finality of Council Determinations. All Council determinations to deny

a license shall be final unless Judicial review of such Council determinations

is obtained by bringing an appeal in Tribal Court within 1 5 days after the

date of the determination.

(10) Effectiveness of License. Any license granted hereunder shall be

effective on a provisional basis pending the satisfactory completion of all

background investigations required under this Ordinance, the IGRA, the

Compact or any agreement to which the Tribe is a party. Upon the

satisfactory completion of all required background investigations, such

license shall continue to be effective until it expires .

If background

investigations are not satisfactorily completed, a provisional license shall

15
have no further force or effect. All licenses shall be granted pursuant to the

provisions and p~rocedures as set forth in Section 110.10 (4) (G) herein.

(11) Term of License; License Fees.

(A) Licenses shall be for a term of one year, or in the case of an

initial license, for a portion of the calendar year, and shall expire on

December 31.

(B) In order to recover costs to the Tribe of complying with the

federal, tribal, and state regulatory processes applicable to Class II and

Class II gaming, annual license fees shall be imposed as follows:

(i) License fees in the amount of $5,000.00 per year shall

be imposed on each party to a Management Contract with the

Tribe.

(ii) License fees shall be imposed on any other person

required to obtain a tribal license in accordance with a fee

schedule to be established by the Council and/or the

Corporation.

(iii) In addition to the license fees imposed pursuant to

Section 110.10 (11) (B) (i) and (ii), the Council may in its

discretion impose such fees on licensed persons as are

reasonably related to costs of enforcement which will in the

aggregate be sufficient to enable the Commission to recover its

reasonable costs of enforcing this Ordinance.

110.11 OTHER CONDITIONS OF LICENSE

(1) Any license issued under this chapter shall comply with such

reasonable conditions as may be fixed by the Council and/or the Corporation

including, but not limited to the following:

(a) The licensee shall at all times maintain an orderly, clean and

neat establishment, both inside and outside the Licensed Premises.

(b) The Licensed Premises shall be subject to patrol by the Tribal

security force and local police force, and the licensee shall cooperate

at all times with such police and law officers.

(c) The Licensed Premises shall be open to inspection by duly

authorized tribal officials at all times during the regular business hours.

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(d) There shall be no discrimination in the operations under the

license by reason of race, color or creed; provided, however, that

nothing herein shall prevent the licensee from granting preferences to

Indians as permitted by law.

(e) The licensee shall abide by all State Laws as agreed to by the

Compact of the Tribal Council

110.12 CANCELLATION OR SUSPENSION

(1) The licensee and his or her or its employees shall be legally

responsible for any violation of the Ordinance or the license. Any license

issued hereunder may be cancelled by the Council for the breach of any of

the provisions of this Ordinance or of the license, upon hearing before the

Council, after 10 days notice of the claimed breach to the licensee. The

time and place of the hearing shall be posted in the Tribes office. The

licensee, his or her or its attorney or paralegal and any person affected by

the license shall have the right to be present and to offer sworn oral or

documentary evidence relevant to the breach charged.

(2) All decisions of the Council regarding cancellations of licenses shall be

final unless an appeal seeking judicial review is filed with the Tribal court

within 15 days after such decision of the Council. There shall be no right of

judicial review of any suspension decision by the Council, and no gaming

shall be conducted by any licensee during the suspension period or after

cancellation, evOn during the pendency of a judicial review proceeding.

110.13 NOTICE OF LICENSING ACTIONS The Corporation and the Council shall

post and publish notices of all actions taken in regard to licenses and license

applications in the Tribes office.

110.14 CONFLICTS OF INTEREST PROHIBITED No member of the Council or the

Corporation shall:

(1) Be employed by any Gaming Operations, or be a Primary Management

Official or Owner or Controlling Person with respect to any Management

Contract, either while serving on the Council or Corporation or for a period

of three months from the termination of service on the Council or

Corporation.

(2) Participate in the approval, denial or renewal of any Application for a

gaming license by, or participate in the revocation or suspension of any

License granted hereunder to, any Relative of such member of the Council or

Corporation.

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(3) Engage in~any business, transaction or professional activity or incur

any obligation of any nature which conflicts with the proper discharge of his

or her official duties in administering this Ordinance; provided that a member

of the Council who may engage in a conflicting activity or incur a conflicting

obligation that is not otherwise disqualified under Section 110.14 (1) shall

promptly disclose that activity or obligation to the Council and refrain from

voting on any matter regarding which such activity or obligation may

constitute a conflict.

(4) No employee of the Tribe in any of its Gaming Operations shall own,

be employed by or have any direct or indirect pecuniary interest in any

Management Contract or other gaming-related contract of the Tribe.

However, nothing in this Section shall prevent the Tribe from employing a

person with a direct or indirect financial interest in a gaming-related contract

which has been submitted to the Bureau of Indian Affairs (BIA) for review

and approval during the period of such review, provided that any such

employment shall terminate upon disapproval by the BIA of the contract.

110.15 MISCELLANEOUS PROVISIONS

(1) FIREARMS. No person shall have in his or her possession any firearm

on any Premises. This section shall not apply to law enforcement officers or

security personnel employed by the Tribe.

(2) DISORDERLY CONDUCT. No person shall engage in conduct which is

violent, abusive, indecent, profane, boisterous, unreasonably loud, or

otherwise disorderly under circumstances in which the conduct tends to

cause or provide disturbance on any Premises.

(3) TRANSPORTATION PROVIDERS. No person providing conveyance on

Tribal Lands, or whose destination is Tribal Lands, shall conduct or permit to

be conducted any Class II or Class Ill games in such vehicle. All such

providers shall agree, in advance, to adhere to all the provisions of this

Ordinance and all Tribal regulations that pertain to any gaming and submit to

Tribal jurisdiction with regards to enforcement and penalties for any violation

of this Ordinance or Tribal regulations.

(4) LIQUOR ORDINANCE. All provisions of the Tribal Liquor Control

Ordinance, as now adopted or may from time to time be amended or

changed, shall be enforced and apply to all licensees or licensed premises,

unless any of the provisions of this Ordinance, the Compact, or Tribal

regulations relating to any gaming are more restrictive, than the more

restrictive portion of the Ordinance, the Compact, or Tribal regulation shall

govern, control, and be enforced.

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110.16 PENALTIES FOR VIOLATIONS

(1) Any person who violates any provision of this Ordinance or gives false

testimony in any matter provided for hereunder before either the Council or

the Corporation shall be subject to civil penalties to be imposed by the

Council and/or the Corporation, including, but not limited to, suspension

and/or revocation of any license granted hereunder, termination, suspension

or exclusion from employment in any Gaming Operations or other employee

discipline, exclusion from attendance at any Gaming Facilities, exclusion

from the Tribes Lands if not a member of the Tribe, and/or a fine of not

more than $10,000 for each such violation; provided, however, that all

actions taken with respect to persons employed by the Tribe shall comply

with the Tribes established personnel manuals, policies and procedures.

110.17 REPEAL ANDINCONSISTENCY All other ordinances or parts of

ordinances of the Tribe, to the extent that they are inconsistent or conflicting with

this ordinance, to the extent of the inconsistency only and all prior gaming

ordinances are hereby repealed.

110.18 EFFECTIVE DATE This ordinance shall take effect upon its adoption by a

majority of the Council at a duly convened meeting.

110.19 SEVERABILITY AND NON-LIABILITY

(1) If any section, provision, or portion of this Ordinance is adjudged to

be in violation or inconsistent with any applicable Tribal, State, or Federal

law, or is adjudged unconstitutional or invalid by a Court of competent

jurisdiction, the remainder of this ordinance shall not be affected thereby and

it shall remain in full force as if said section, provision or portion as adjudged

unconstitutional or invalid was nonexistent.

(2) The Tribe asserts that there is no liability on the part of the Sokaogon

Chippewa Community, its agencies, enterprises, elected officials, officers,

directors, or employees for damages that may occur as a result of reliance

upon and conformance with any of the provisions of this ordinance.

110.20 ABROGATION AND GREATER RESTRICTIONS Where this ordinance

imposes greater restrictions than those contained in existing ordinances controlling

any Gaming Facility, the provisions of this ordinance shall govern.

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110.21 SOVEREIGN IMMUNITY

(1) Nothing in this ordinance is intended nor shall be construed as a

waiver of the sovereign immunity of the Sokaogon Chippewa Community.

(2) No employee or agent of the Tribe shall be authorized, nor shall he or

she attempt to waive the immunity of the Tribe.

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