AUG 1 9 I999 

Honorable Thomas Ranfranz 

Tribal President, Flandreau Santee Sioux Tribe 

Box 283 

Flandreau, South Dakota 57028 

Dear Mr. Ranfranz: 

This letter responds to your request to review and approve the amendment to 

the Flandreau Santee Sioux Tribe (Tribe) tribal gaming ordinance submitted on 

June 14, 1999. The amendment to the ordinance was adopted by the Tribe by 

Resolution No. 99-67 on June 14, 1999. The original ordinance was approved by the 

Chairman of the National Indian Gaming Commission (NIGC) on August 17, 1994. 

This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA). 

. Thank you for submitting the amendment by Resolution 99-67 to the tribal gaming 

ordinance of the Flandreau Santee Sioux Tribe. The NIGC staff and I continue to' look 

forward to working with you and the Tribe in implementing the IGRA. 

- Sincerely yours, 

Montie R. Deer 

Chairman 

1441 L STREET, N.W. 9W FLOOR WASHINGTON. D.C. 20005 TEL: 202-632-7W FAX: 202a-7066 
Flandreau Santee Sioux Dibe 

283 Flandreau, SD 57028 Phone 997-3891 

FOX 997-3878 

'J 2 1 1999 

RESOLUTION 99-67 

WHEREAS, the Flandreau Santee Sioux Tribe is a federally 

recognized Indian Tribe organized pursuant to the 

Indian Reorganization Act with a Constitution and 

By-laws approved by the Secretary of Interior and 

Commissioner of Indian Affairs on April 24th, 

1936, and amended February 7th, 1941, and further 

amended November 16th, 1967, and further amended 

November 14th, 1984, and further amended May 23rd, 

1990, and further amended May 12th, 1997, and 

WHEREAS, Article 111, Section 1 of said revised 

Constitution and By-laws provides that the 

governing body of the Tribe shall be the 

Executive Committee, and 

WHEREAS, pursuant to Article VIII, Section 1 (e) of said 

revised Constitution and By-laws, the Executive 

Committee has authority to promulgate ordinances, 

and 

WHEREAS, pursuant to said powers the Executive Committee 

enacted Title 17-Class I11 Gaming Ordinance to 

the Flandreau Santee Sioux law and Order Code on 

June 27'h, 1996, and amended said Ordinance on 

February 11, 1999, by Resolution 99-24 which 

enacted Title 17, the 1999 Amended Class I11 

Gaming Ordinance, and 

WHEREAS, the Executive Committee submitted Resolution 99-24 

and Title 17, 1999 Amended Class I11 Gaming 

Ordinance to the National Indian Gaming 

Commission for approval in accordance with the 

Indian gaming Regulatory Act and submitted 
additional amendments for approval On May 12, 

1999, and 

WHEREAS, On June 11, 1999, the National Indian Gaming 

Commission advised that said ordinance and 

amendments would be approved provided that the 

definition of net revenue under Section 17-1-3 

(15) be amended to be consistent with the 

definition contained in 25 CFR 502.16 by deleting 

the language "according to Generally Accepted 

Accounting Procedures" and adding the language 

" excl uding management fee". 

NOW THEREFORE BE IT RESOLVED, that the Executive Committee 

hereby amends Section 17-1-3 (15) of Title 17, 

1999 Amended Class I11 Gaming Ordinance as set 

out above and thereby enacts the attached 1999 

Amended Class I11 Gaming Ordinance which is Title 

17 of the FSST Law and Order Code and which 

replaces the same that was previously adopted by 

the Executive Committee on May 12'~, 1999. 

BE IT F'URTHER RESOLVED, that said Amended Class I11 Gaming 

Ordinance shall be submitted to the National 

Indian Gaming Commission for review and approval 

and shall become effective upon receipt of such 

approval. 

CERTIFICATION 

The foregoing Resolution was duly enacted and adopted on 

this 14~~ day of June 1999, by the Execut've Committee at 9 for against, and 

Thomas Ranfranz 

~ribal- seMtary Tribal President 
TITLE 17 

1999 AMENDED CLASS 111 GAMING 

CHAPTER 1 

GENERAL PROVISIONS 

Section 17-1-1. Title. This Ordinance shall be known as the Flandreau Santee Sioux Class 111 

Gaming Ordinance. It is promulgated pursuant to Article VIII, Section 1 (f) of the Flandreau 

Santee Sioux Tribal Constitution. 

Section 17-1-2. Purpose. The purpose of this title is to authorize Class I11 gaming on the 

Flandreau Santee Sioux Reservation and provide regulations governing the conduct of such 

gaming to promote economic development for the Tribe, provide employment opportunities for 

the Tribe and community, and to provide for the general welfare of the Tribe and its members. 

(As amended by Resolution 99-24, dated February 11,1999) 

Section 17-1-3. Definitions: 

1. Bet: A bet is an amount placed as a wager in a game of chance; 

2. Blackjack: Blackjack is a card game played by a maximum of seven players in 

which each player bets against the dealer, The object of the game is to draw cards 

whose value will equal or approach twenty-one without exceeding that amount 

and win amounts bet, payable by the dealer, if the player holds cards more 

valuable than the dealer's cards; 

3. Boundaries: Boundaries mean the boundaries of the Flandreau Santee Sioux 

Reservation, Moody County, South Dakota; 

4. Class 111 Gaming: Means all forms of gaming that are not Class I gaming or 

Class I1 gaming, as those terms are defined in the Indian Gaming Regulatory Act, 

including but not limited to: 

(a) Any house banking game, including but not limited to: 

1. Card games such as baccarat, chemin de fer, blackjack (21), and 

Pai gow (if played as house banking games); 

2. Casino games such as roulette, craps, and keno; 

(b) Any slot machines as that term is defined in 15 U.S.C. 11 71 (a) (1) 

and electronic or electromechanical facsimiles of any game of chance; 

(c) Any sports betting and parimutual wagering including but not limited 

to wagering on horse racing, dog racing or jai alai; or 
(d) Lotteries. 

(As amended by Resolution 99-59, dated May 18,1999) 

5. Commission: Commission means the tribal commission on gaming; 

6. Committee: Committee means the Executive Committee of 

theFlandreauSanteeSioux Tribe duly elected pursuant to the Constitution of the 

Flandreau Santee Sioux Tribe; 

7. Gaming: Gaming is any game or contest of chance whereby one risks money or 

tokens no matter how conceived or operated and includes, but is not limited to, 

every game described in this Ordinance; 

8. Gaming Employee: A Gaming Employee is any person employed by a business 

hosting gaming to work directly with the gaming portion of that business; 

9. Gaming Equipment: Gaming Equipment means any gaming equipment that is 

authorized by this Ordinance and which requires licensing; 

10. Gaming License: Gaming License means any license issued by the commission 

pursuant to this Ordinance which authorizes any person to engage in gaming on 

the Flandreau Santee Sioux Reservation. ; 

1 1. Key Employee: Key Employee means: 

(A) A person who performs one or more of the following fbnctions: 

(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) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gambling devices including persons with access to cash 

and accounting records within such devices; 

(B) If not otherwise included, any other person 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. 
12. Licensed Gaming Establishment. Licensed Gaming Establishment means any 

premises licensed pursuant to this Ordinance where gaming is conducted; 

13. Licensee: A Licensee is any person licensed under this Ordinance; 

14. Licensing Authority: Licensing Authority means the tribal commission on 

gaming; 

15. Net Revenues: Net revenues means gross gaming revenues of a tribal gaming 

operation less-- 

(A) Amounts paid out as, or paid for, prizes, and 

(B) Total gaming-related operating expenses, excluding management 

fees. (As amended by Resolution 99-67, dated June 14, 1999) 

16. Poker: Poker is a class I1 non-banking card game played by a maximum of ten 

players who are dealt cards by a non-player dealer. The object of the game is for 

each player to bet the superiority of his own hand and win the other players' bets 

by either making a bet no other player is willing to match or proving to hold the 

most valuable cards after all the betting is over. Poker includes draw, stud or low 

ball or any combination thereof (As amended by Resolution 99-24, dated 

February 11, 1999); 

17. Primary Management Ofiicial: A Primary management official is: 

(A) The person having management responsibility for a management contract; 

(B) Any person who has authority: 

(1) To hire and fire employees; 

(2) To set up working policy for the gaming operation; or 

(C) The chief financial officer or other person who has financial management 

responsibility. 

18. Slot Machine: (Repealed by Resolution 99-24, dated February 11,1999) 
CHAPTER 2 

GAMES PERMITTED 

Section 17-2-1. Games Permitted. Poker, Blackjack, slot machines, and video lottery 

machines are expressly authorized by this Ordinance and such other Class I11 gaming as may be 

approved by legislative act of the State of South Dakota. All gaming authorized by this 

ordinance may be operated and maintained within the boundaries of the Flandreau Santee Sioux 

Reservation, subject to the provisions of this ordinance. 

CHAPTER 3 

TRIBAL COMMISSION ON GAMING 

Section 17-3-1. Regulation of Gaming. All gaming activity authorized by this ordinance shall 

be conducted in accordance with the regulations set out in this ordinance. The Tribal 

Commission on Gaming created by this Chapter shall be responsible for the enforcement of the 

Class 111 gaming regulations. (As amended by Resolution 99-24, dated February 11, 1999) 

Section 17-32. Gaming Commission. There is hereby created the Flandreau Santee Sioux 

Tribal Commission on Gaming. 

Com~osition/Oualifications: The Commission shall consist of five (5) members 

who shall be citizens of South Dakota and who may be members of the Flandreau 

Santee Sioux Tribe. Persons selected as members of the Commission shall be of 

good moral character and shall not have been convicted, in any court of 

competent jurisdiction, of a felony or crime involving moral turpitude, unless the 

sentence and/or probation for such conviction shall have been completed ten years 

prior to the date of appointment. The Executive Committee shall be the sole 

judge of the qualifications of Commission members. (As amended by 

Resolution 99-24, dated February 11, 1999) 

Apvointment: Members of the Commission shall be appointed by the Executive 

Committee. Commissioners shall be appointed to two-(2) year staggered terms. 

Three (3) Commissioners shall be appointed every even numbered in July and two 

(2) Commissioners shall be appointed every odd numbered year in July. The two 

(2) new Commissioners created by this amendment shall be appointed upon 

approval of this amendment by the National Indian Gaming Commission. One 

new Commissioner shall be appointed to the balance of the odd numbered term 

and the other new Commissioner shall be appointed to the balance of the even 

numbered term. Thereafter each Commissioner shall serve two year terms. Upon 

expiration of the term, each Commissioner shall be subject to reappointment. 

Commission members shall select from among themselves, a Chairperson who 

shall preside over the meetings of the Commission. (As amended by Resolution 
99-24, dated February 11,1999) 

3. Removal: A Commission member may be removed, for cause, by a majority vote 

of the Tribal Executive Committee. Removals shall be supported by substantive 

evidence, which would be admissible in a court of law. Any member whose 

removal is sought shall be notified in writing not less than (3) three days prior to a 

vote on removal. The member may request an informal hearing before the 

Executive Committee. 

4. Prohibitions on naming: A Commission member, officer, agent, or employee of 

the Commission may not participate in any gaming authorized by this Ordinance 

or any other gaming conducted by the Tribe which the Commission may be 

required to regulate. (As added by Resolution 99-24, dated February 11, 1999) 

Section 17-3-3. Gaming Commission Rule-Making Authority. The Commission may 

promulgate and adopt rules for the orderly transaction and conduct of its business, issuance, 

suspension and revocation of gaming licenses, review of retail and service contracts, the conduct 

and operation of all gaming activities, and any other matters necessary to carry out the purposes 

of this Ordinance. The Commission may also promulgate rules necessary to administer 

complaints which may be received fiom the public and conduct such other investigations and 

inspections into the conduct of the games and the licensees and the maintenance of equipment as 

the Commission may deem necessary and proper. (As amended by Resolution 99-24, dated 

February 11,1999) 

Section 17-3-4. Posting of Rules. All rules promulgated by the Commission pursuant to 

Section 17-3-3 shall be posted in the Tribal Ofice for not less than 90 days prior to final 

enactment. An interested party who may be affected by a Commission rule may request a 

hearing before the Commission to object to said rule. An adverse ruling by the Commission 

regarding such rule may be appealed to the Flandreau Santee Sioux Tribal Court. (As amended 

by Resolution 99-24, dated February 11,1999) 

Section 17-3-4A. Objecting to current Commission rules. Any interested party who may be 

affected by a current Commission rule may request a hearing before the Commission to object to 

said rule and offer an alternative rule which would be more efficient to the operation of the 

gaming establishment provided that the alternative rule offered is at least as stringent as state 

rules. An adverse ruling by the Commission may be appealed to the Tribal Court. (As amended 

by Resolution 99-24, dated February 11, 1999) 

Section 17-3-5. Gaming Commission Records. Information and records of the Commission 

enumerated by this Section are confidential and may not be disclosed except pursuant to a court 

order. No person may use a subpoena, discovery or other applicable statutes to obtain such 

information or records. Information and records considered confidential include the following: 

1. Tax returns of individual licensees; 

2. Applications; credit, medical and security reports of applicants for licenses and 
other persons seeking or doing business with the Commission; 

3. Marketing, financial or sales data, the disclosure of which may be harmhl to the 

competitive position of Flandreau Santee Sioux Tribal gaming, its licensees or 

persons seeking or doing business with the Commission; 

4. Audit work papers, worksheets and auditing procedures used by the Commission, 

its agents or employees. 

Section 17-3-6. Gaming Commission Meetings. The Commission may hold regular and 

special meetings at such times and places as it may deem convenient, but at least one regular 

meeting shall be held quarterly. A majority of the appointed members shall constitute a quorum 

of the commission, and a special meeting may be called by any two members. Each member of 

the commission shall receive a stipend and expenses for each regular meeting. The stipend and 

expenses shall be paid from fees and assessments collected by the commission. 

1. Purposes for Executive or Closed Sessions. The Commission may hold executive 

or closed meetings for any of the following purposes: 

(A) Considering applications for licensing when discussing the background 

investigations or personal information; 

(B) Meeting with gaming officials of other jurisdictions, the Attorney General, 

States Attorney or any law enforcement official relating to possible 

criminal violations; 

(C) Consulting with the Executive Secretary, employees and agents of the 

Commission regarding possible criminal violations; 

(D) Deliberations after hearing evidence on an informal consultation of a 

contested case necessary to reach a decision; or 

(E) Discussing business strategies, marketing or pricing strategies of a 

licensee or an applicant for a license if public discussion may be harmhl 

to the competitive position of the licensee or applicant for license. 

Section 17-3-7. Executive Secretary of Gaming Commission. The Commission shall appoint, 

and may remove, an Executive Secretary. The Executive Secretary shall serve at the pleasure of 

the Commission and shall be responsible for the conduct of the Commission's administrative 

matters . The Executive Secretary shall devote full time and attention to the business of his ofice 

and may not pursue any other business or occupation. The Commission shall set the annual 

salary of the Executive Secretary. (As amended by Resolution 99-24, dated February 11, 

1999) 
Section 17-3-8. Gaming Commission Powers. The powers of the Tribal Commission on 

Gaming shall be as follows: 

1. Issue licenses, oversee and define the contract of the licensees; 

2. Inspect and examine all premises where gaming is conducted or gaming devices 

or equipment are sold or distributed; 

3. Inspect, examine, and photocopy all papers, books, and records of applicants and 

licensees pertaining to such application and/or license. 

4. Contract for legal counsel as necessary. 

5. Suspend or revoke for cause, any gaming license; 

6. Require all primary management personnel and key employees to submit to 

investigation as required by this Ordinance. 

7. Promulgate any rules as provided in Section 17-3-3 

Section 17-3-9. Appeal of Gaming Commission Actions. Any action of the Commission is 

subject to appeal to the Tribal Court of the Flandreau Santee Sioux Tribe. Notice of appeal shall 

be filed in writing with the Commission and the FSST Clerk of Court, within ten (10) days of 

receipt of written notice of any action taken by the Commission. Absent such Notice of Appeal, 

all actions of the Commission are final. 

Section 17-3-10. Communication Privilege. Communications between the Commission and 

the Executive Secretary relating to licensing, discipline of licensees andlor violations by 

licensees are privileged and confidential if made lawfblly and in the course of and in furtherance 

of the business of the commission on gaming, except pursuant to court order after an in-camera 

review. The Executive Secretary or any member of the Commission may claim this privilege. 

Section 17-311. Conflict of Interest. No officer, agent or employee of the Commission may 

hold a license under this Ordinance if the duties of such office, agency, or employment are in any 

manner related to the enforcement of gaming rules and regulations. No licensee under this 

Ordinance may employ any person in any capacity directly related to the licensee's gaming 

activities while that person is employed by a law enforcement agency or the Commission. (As 

amended by Resolution 99-24, dated February 11, 1999) 

Section 17-3-12. External Audit. The financial records of the Commission shall be subject to 

an external annual audit by the Executive Committee. (As added by Resolution 99-24, dated 

February 11,1999) 
CHAPTER 4 

APPLICATION FOR GAMING LICENSE 

Section 17-4-1. Application for a Gaming License. The Commission may approve any 

application for license which is complete and meets all requirements, provided the applicant is 

deemed to be a suitable person to hold the license and whether the proposed location is deemed 

suitable. 

1. License required. All persons seeking employment in a gaming establishment to 

work directly with the gaming portion of said establishment must submit an 

application for a gaming license. 

(A) No person shall be granted a gaming license unless he/she shall be 

determined to be suitable by the Commission, is at least 21 years 

of age, and that he/she is a bona fide resident of the State of South 

Dakota, or if a partnership or corporation, that a majority of the 

ownership interest in the partnership or corporation is owned by a 

bona fide resident of the State of South Dakota. 

(B) All applications for a gaming license must be accompanied by the 

appropriate initial application fee, which shall include the cost of 

investigation. Application fees are non-refundable and the 

applicant may be required to pay any additional costs which may 

arise in connection with the investigation. 

(C) Initial application fees shall vary according to the license type 

requested and shall be collected as follows: 

(1) Slot machine operator, one thousand dollars 

($1 000.00); 

(2) Card Game Operator, one thousand dollars ($1000.00); 

(3) Video Lottery Operator, one thousand dollars 

($1 000.00); 

(4) Employee, twenty-five dollars ($25.00); 

(5) Key employee, one hundred dollars ($100.00). 

2. Untrue statements. The Commission may refuse to grant a license to any 

applicant who makes deliberate misstatements, deliberate omissions, 

misrepresentations, or untruths in any part of the application or in the 
background investigation. Applications for all gaming licenses, regardless 

of position applied for, shall contain 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. U. S. Code, title1 8, section 

1001. 

3. Background Investigation. No application for a gaming license shall be deemed 

complete without a background investigation. Each application submitted shall 

contain a release, authorizing the conduct of such investigation including 

fingerprints. 

(A) Fingerprints of applicants shall be submitted to the South Dakota Gaming 

Commission and/or the Ofice of the Attorney General of the State of 

South Dakota, pursuant to the Compact between the State of South Dakota 

and the Flandreau Santee Sioux Tribe, to process an investigation into the 

applicant's criminal history, if any, through the Federal Bureau of 

Investigation National Criminal Information Center. 

(B) The State of South Dakota shall provide the Commission with a written 

report regarding each applicant within 30 days of receipt of the tribe's 

written request for investigation. 

(C) All background investigations conducted pursuant to this section shall be 

conducted according to requirements at least as stringent as those listed in 

25 CFR 9556,558. 

4. Ap~lication forms. All application forms, regardless of position applied for, shall 

contain the following statement regarding the Privacy Act: 

NOTICE: All applicants are advised that this personal history 

information is an official document and misrepresentation or 

failure to reveal information requested may be deemed to be 

sufficient cause for the reksal or revocation of a license. 

Applicant may be subject to fine and/or imprisonment. 18 

USC $1001. 

A11 applicants are hrther advised that an application for a gaming 

license, finding of suitability or other action may not be withdrawn 

without the permission of the Executive Secretary of the Flandreau 

Santee Sioux Tribal Gaming Commission and/or the South Dakota 

Commission on Gaming. 

All applicants are hrther advised of compliance with the Privacy 
Act of 1974. Solicitation of the information on this application is 

authorized by 25 USC $2701, et. Seq. The purpose of the 

requested information is to determine the eligibility of individuals 

to be employed in a gaming operation. This 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 in connection with the hiring 

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

license, or investigations of activities while associated with a tribe 

or gaming operation. Failure to consent to the disclosures 

indicated will result in the tribe's being unable to hire you in a 

primary management official, key employee, or support employee 

position. The disclosure of a Social Security number (SSN) is 

voluntary. However, failure to supply a SSN may result in errors 

in processing an application. 

Each applicant applying for a gaming license must execute a 

Flandreau Santee Sioux Tribal Investigation Authorization and 

Release of Credit Information form. This will authorize the 

Gaming Commission to obtain a criminal record if such record 

exists and to obtain any financial information which is available. 

This form releases, waives, discharges and agrees to hold harmless 

the Flandreau Santee Sioux Tribe, the Tribal Commission on 

Gaming and designated persons, from all liability for any claim or 

damage resulting from the release of this information. All 

information gathered as a result of this investigation will be held 

confidential. 

Each applicant is instructed that it is necessary to submit a copy of 

Internal Revenue Service returns for the past three (3) years. 

Attached is IRS Form 8821, to be completed, with name signed 

and printed. 

5. Submission of completed application. Upon receipt of the written report from the 

State of South Dakota, the Executive Secretary shall compile the information 

along with hidher narrative verifying all information submitted by the applicant. 

When the application is deemed to be complete, the Executive Secretary shall 

submit said application to the Commission for final approval or disapproval. 

Section 17-4-2. Licensing Requirements for Key Employees and Primary Management 

OFficials. 

1. Application Requirements. All applicants for licensing as a key employee or 

management official, in addition to requirements set out on Section 17-4-1, shall 
complete an application with the following information: 

Full name, other names used (oral or written), social security number(s), 

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

written); 

Currently and for the previous 5 years; business and employment positions 

held, ownership interests in those businesses, business and residence 

addresses, and drivers license number(s); 

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 two of this section; 

A current business and residence telephone numbers; 

A description of any existing and previous business relationships with 

Indian tribes, including ownership interests in those businesses; 

A description of any existing and previous business relationships with the 

gaming industry generally, including ownership interest in those 

businesses; 

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; 

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; 

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; 

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 eight or 

nine of this section, the criminal charge, the name and address of the court 

involved and the date and disposition; 

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; 
(L) A photograph; 

(M ) Any other information the Commission may deem relevant; and 

(N ) Fingerprints pursuant to procedures set out in Section 17-5-1 c (1). 

2. Unsuitable persons. No person shall be issued a license under this ordinance if 

that person's prior activities, criminal record, reputation, habits or associations 

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, methods 

or activities in the conduct of gaming. 

3. Verification of information. The Executive Secretary shall contact each person, 

agency or business listed in an application for gaming license and shall request 

verification, in writing, of Applicant's prior activities including criminal record, if 

any, as well as information regarding hislher reputation, habits and associations. 

4. Executive Secretary to compile information. The Executive Secretary shall keep 

a file on each individual applicant and shall compile a report to the Commission 

which shall contain the following information: 

(A) Employment Application 

(B) Gaming License Application 

(C) Criminal History Report 

(D) A list of potential problems in the application or any report. 

(E) A report of any disqualifying information. 

(F) Narratives of all communication with applicant's personal and 

business references. 

5. Comuleted a~ulications. The Executive Secretary shall review all reports 

including the background investigations and shall either approve the reports or 

return them for hrther investigation. Upon a determination by the Secretary that 

the application file is complete, the Secretary shall forward the completed file 

and all pertinent documentation to the Commission for final determination of 

suitability for employment. 

6. NIGC ap~roval. Upon a determination by the Commission, that the applicant is 

suitable for employment, the Commission shall forward the complete report to the 

National Indian Gaming Commission, pursuant to Title 25, Code of Federal 

Regulation, section 556.5 for final approval. The investigative report shall 

include all of the following: 

(A) Steps taken in conducting a background investigation; 

(B) Results obtained; 

(C) Conclusions reached, and 

@) The bases for those conclusions. 
7. Unsuitable avvlicants: If the Tribe does not license an applicant, the Secretary 

shall forward a report to the NIGC stating said decision and may forward copies 

of its investigative report, if any. 

Section 17-4-3. Temporary Licenses. The Commission may issue temporary licenses pending 

an application for a permanent license. A temporary license may be issued upon application 

completion of an initial background investigation which shall require verification that the 

applicant does not have any outstanding warrants and has never been convicted of a felony in 

any court. A temporary license may be issued for a period not to exceed ninety days. The 

temporary license shall terminate immediately upon approval of a permanent license or a 

determination by the Commission that the applicant is unsuitable for a permanent license 

regardless of whether an appeal of the Commission's determination has been filed. If a person 

has been determined to be unsuitable for a permanent license by the Commission, he or she shall 

not be eligible for a temporary license for a period of at least five years fiom the date of 

determination of unsuitability. (As added by Resolution 99-24, dated February 11,1999) 

CHAPTER 5 

LICENSES 

Section 17-5-1. License Revocable. Any license issued under this Ordinance is revocable and 

no person holding a license acquires any vested right in such license. 

1. License revocation. A license may be revoked upon a finding by the Commission 

of a violation of the regulations provided in this ordinance or rule adopted by the 

Commission. A person holding a license shall be notified that revocation of his 

license is being considered by the Commission. The license holder may, upon 

such notice, request an informal hearing before the Commission prior to the 

revocation of his license, Any disciplinary action, including the suspension or 

revocation of a gaming license, shall comply with provisions of Chapter 10, 

Disciplinary Proceedings, of the Gaming Commission Rules and Regulations. 

(As amended by Resolution 99-24, dated February 11,1999) 

(A) Notice. Notice, when required by this Ordinance, shall be given by 

registered mail and shall be deemed complete when placed in the 

U.S. Mail, postage prepaid. 

Section 17-5-2. License Non-transferable. No license issued pursuant to this Ordinance may 

be transferred. 

Section 17-5-3. Types of Licenses and Applicable Fees. The Commission may issue five (5) 

license types and the following fees shall be applicable: 

1. Slot Machine Overator: An annual fee of one hundred dollars ($100.00), 
renewable on each July lst, shall entitle the licensee to operate an unspecified 

number of slot machines on the Flandreau Santee Sioux Reservation on the 

licensed premises and subject to the ordinances and regulations of the Tribe and 

the Commission. 

2. Card Game Operator: An annual fee of one hundred dollars ($100.00), renewable 

on each July lst, shall entitle the licensee to operate an unspecified number of 

card tables on the Flandreau Santee Sioux Reservation on the licensed premises 

and subject to the ordinances and regulations of the Tribe and the Commission. 

3. Video Lottery Machine Operator: An annual fee of one hundred dollars 

($100.00), renewable each July lst, shall entitle the licensee to operate an 

unspecified number of video lottery machines on the Flandreau Santee Sioux 

Reservation on the licensed premises and subject to the ordinances and 

regulations of the Tribe and the Commission. 

4. Employee License: An annual fee of twenty-five dollars ($25.00), renewable 

each July lst, shall entitle the licensee to be employed in the gaming portion of a 

gaming operation conducted on the licensed premises on the Flandreau Santee 

Sioux Reservation and subject to the ordinances and regulations of the Tribe and 

the Commission. 

5. Kev Emplovee License: An annual fee of one hundred dollars ($100.00), 

renewable each July lst, shall entitle the licensee to perform duties as an 

executive, employee or agent of a gaming licensee who may exercise significant 

influence over decisions made regarding any part of the operation of a gaming 

facility on the Flandreau Santee Sioux Reservation and subject to the ordinances 

and regulations of the Tribe and the Commission. 

Section 17-5-4. Penalties for Violation of License Requirements. Any person who, having 

been granted a license under this ordinance, fails to keep sufficient books and records to 

substantiate the receipts, expenses or uses resulting from limited card games and slot machines 

conducted under this ordinance, or who falsifies any books or records which relate to any 

transaction connected with the holding, operating, and conducting of any gaming activity, or who 

violates any of the provisions of this ordinance may be subject to the revocation of said license 

andlor a fine pursuant to the Rules and Regulations of the Commission. 

Section 17-5-5. Licensing facilities. The Commission shall issue a separate operator's license 

for each place, facility, or location on tribal lands where the Flandreau Santee Sioux Tribe elects 

to allow Class 111 gaming. No facility will be granted a license unless such facility is 

constructed, maintained and operated in a manner that adequately protects the environment and 

the public health and safety. 
CHAPTER 6 

GAMLNG REGULATIONS 

Section 17-61, General Regulations. The following regulations shall apply to all gaming 

conducted under this Ordinance: 

1. All gaming activities shall be conducted exclusively on the tribal lands of the 

Flandreau Santee Sioux Tribe. 

2. All gaming activities shall be conducted under the exclusive control and 

responsibility of the Flandreau Santee Sioux Tribe. 

3. All proceeds of the gaming activities authorized by this ordinance and received by 

the Tribe shall be used to promote the health, education and welfare of the 

Flandreau Santee Sioux Tribe. 6 

4. The Flandreau Santee Sioux Tribe shall receive at least sixty percent (60%) of the 

net revenues of all gaming activities conducted pursuant to this Ordinance. 

5. Annual audits shall be required of all gaming activities. Such audits shall be 

conducted by an independent auditing firm. Such audits shall be made available 

to Tribal members upon written request to the Committee. 

6. Annual audits shall be required of all businesses or entities that enter into any 

contract for goods andlor services related to gaming activities where such contract 

is for $25,000.00 or more. 

7. The Committee may, at its discretion, issue per capita payments of gaming 

proceeds to tribal members. The Committee shall notify tribal members that such 

per capita payments are subject to federal income tax. 

(As moved and added to this Chapter by Resolution 99-24, dated February 11,1999) 

Section 17-6-2. Requirements for Slot Machines. 

1. Securitv and Audit S~ecifications: All slot machines operated within the 

Flandreau Santee Sioux Reservation shall have the following security and audit 

specifications: 

A. Microprocessor controlled; 

B. Compatable to on-line data monitoring; 

C. Internal locked enclosure for circuit board; 
D. Able to continue game with no data loss after power failure; 

E. Previous and current game data recall; 

F. Random selection process that satisfies ninety-five percent (95%) 

confidence level using standard chi-squared, runs, and serial correlation 

tests; 

G. Clearly displays applicable rules of play and payout schedule; 

H. Displays an accurate set of non-volatile meters, in, out, drop, handle, and 

jackpot. 

2. Minimum Pavback: The minimum payback value of one credit played on a slot 

machine shall be at least eighty percent of the value of the credit. No slot 

machine may be played by more han one person at a time 

Section 17-6-3. Age Limit for Players. Any participant in a card game, slot machine, or 

electronic gaming machine shall be twenty-one (21) years of age or older at the time of hislher 

participation. 

Section 17-6-4. Illegal Games and Activities. It shall be unlawfbl for any person playing or 

conducting any authorized game of chance, conducted by a licensee to: 

1. Use bogus or counterfeit chips, tokens, devices or wins; 

2. Employ or have in one's person any cheating device to facilitate cheating in any game of 

chance; 

3. Use any fraudulant scheme or technique; 

4. Have located on the gaming premises, equipment for gaming that is not licensed by the 

Commission, except equipment exempted by the Commission, this Ordinance or other 

statutes; 

A person violating this section shall be guilty of a Class I misdemeanor unless the amount gained 

through violating this section is more than five hundred dollars, in which case the offense is a 

felony. (As added by Resolution 99-24, dated February 11,1999) 

Section 17-&5. Requirements for Persons Having Interest. Any person, stockholder or 

officer in any corporation or partner in any partnership who is a manufacturer, operator or 

retailer who is connected with the conduct of card games, slot machines andlor slot machines 

shall be: 

1. A person of good character, honesty and integrity; 

2. A person whose prior activities, criminal record, reputation, habits and 

associations do not pose a threat to the public interest of the Tribe or the gaming 
industry and do not create or enhance the dangers of unsuitable, unfair or illegal 

practices, methods and activities in the conduct of gaming or the carrying on of 

the business and financial arrangements incidental to the conduct of gaming; 

3. A person who has not been convicted of a felony in this or any other jurisdiction, 

unless ten (1 0) years have passed since satisfactory completion of the sentence or 

probation imposed by the court in each felony, has not been found to have 

violated the provisions of this Ordinance, and has not knowingly made a false 

statement of material facts to the Commission or its legal counsel. 

Section 17-66 Exclusion of Persons from Gaming Establishments. The Commission shall 

have the authority to eject and/or exclude certain persons from licensed gaming establishments 

when the presence of said person poses a threat to the interest of the Flandreau Santee Sioux 

Tribe, the State of South Dakota or to licensed gaming. 

1. Criteria for exclusion. In making the determination for ejection or exclusion, the 

Commission may consider the following: 

A. Prior conviction of a felony, a misdemeanor involving moral turpitude or a 

violation of the gaming laws of any tribe, state, the United States or any of 

its possessions or territories; 

B. A violation, attempt to violate or conspiracy to violate the provisions of 

this chapter relating to the failure to disclose an interest in a gaming 

establishment for which the person must obtain a license or make 

disclosures to the Commission; 

C. Intentional evasion of fees or taxes; 

D. Notorious or unsavory reputation that would adversely affect public 

confidence and trust that the gaming industry is free fiom criminal or 

comptive influences; 

2. Notice to Dersons excluded. If the name and description of any person are placed 

on the exclusion list, the Commission shall serve notice of such action upon the 

person by one of the following means: 

A. By personal service; 

B. By mailing a copy of the notice by certified mail to the last known address 

of the person; or 

C. By publishing a copy of the notice in an official newspaper in Moody 

County, South Dakota. 
3. Protest of exclusion. A person whose name appears on the exclusion list may 

contest such action by filing a written protest with the Commission and may 

request a hearing before the Commission. 

Section 17-6-7. No Credit Extended. All gaming under this ordinance shall be conducted on a 

cash basis. Except as herein provided, no person shall be extended credit for gaming by the 

gaming facility operated under this ordinance, and no operation shall permit any person or 

organization to offer such credit for a fee. This restriction shall not apply to credits won by 

players who activate play gaming machines after inserting coins or currency into the game, and 

shall not restrict the right of the Tribe or any other person to offer check cashing or to install or 

accept bank card or credit card transaction in the same manner as would be normally permitted at 

any retail business within the state. 

(As added by Resolution 99-24, dated February 11,1999) 

This ordinance was adopted as amended by the Flandreau Santee Sioux Executive 

Committee on February 11, 1999 by Resolution 99-24, dated February 11, 1999, and 

further amended by Resolution 99-59, dated May 18, 1999, and further amended by 

Resolution 99-67, dated June 14, 1999, and favorably reviewed and approved by the 

National Indian Gaming Commission on the - day , 1999.' 

Fsst 1999 Class 111 Amended Gaming Ordinance