Sisset~nWahpeton Sioex Tribe

Lake Traverse Reservation

P. 0. Box 509

Agency Village, South Dakota 57262

Phone (605) 698-3911

Tribal Council Resolution No. SWST-94-207

WHEREAS, the Sisseton-Wahpeton Sioux Tribe also known as the

Sisseton-Wahpeton Dakota Nation of the Lake Traverse

Reservation is organized under a Constitution and Bylaws

adopted by the members of the Sisseton-Wahpeton Sioux

Tribe also known as the Sisseton-Wahpeton Dakota Nation

on August 1-2, 1966, and approved by the Commissioner of

Indian Affairs on August 25, 1966; and

WHEREAS, the said Constitution and By-laws mandates at ARTICLE II,

Section 1, that the Tribe shall be governed by the Tribal

Council, and at ARTICLE VII, Section 1, that the Tribal

Council shall have the power to (a) represent the Tribe

in all negotiations with Federal, State and local

governments; (b) authorizes the Tribal Council to acquire

real property on behalf of the Tribe; (d) to make rules

governing the relationship of the members of the Tribe,

to Tribal property, and to one another as members of the

Tribe; (f) to deposit Tribal funds to the credit of the

Tribe; (g) to take any action by ordinance, resolution or

otherwise which are reasonably necessary to carry into

effect the foregoing purposes; (h) to promote public

health, education, charity, and such other services as

may contribute to the social advancement of the members

of the Tribe; and (1) to adopt resolutions regulating the

procedures of the Tribal Council, its officials and

committees in the conduct of Tribal Affairs; and

WHEREAS, the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §

2701 et seq. requires that Indian tribes may engage in or

license and regulate class II and class III gaming

activities, as those terms are defined in the Act,

provided that the governing body of the Tribe adopt an

Ordinance providing for the regulation of class II and

class III gaming activities in accordance with the Act;

WHEREAS, on September 4, 1990, the Tribal Council enacted the

Sisseton-Wahpeton Sioux Tribe (also known as the

Sisseton-Wahpeton Dakota Nation) Gaming ordinance as

Chapter 58 of the Sisseton-Wahpeton Sioux (also known as

the sisseton-wahpeton Dakota Nation) Tribal Code;

WHEREAS, the Tribal Council has determined it is necessary to

amend and revise the Sisseton-Wahpeton Sioux Tribe (also

known as the Sisseton-Wahpeton Dakota Nation) Gaming

Ordinance;
Tribal Council Resolution No. SWST-94-207 Page 2

NOW THEREFORE BE IT RESOLVED, that the Tribal Council hereby

approves, adopts and enacts the Sisseton-Wahpeton Sioux

(also known as the Sisseton-Wahpeton Dakota Nation)

Tribal Gaming Ordinance, as amended, to be added to the

Tribal Code as Chapter 58.

BE IT FURTHER RESOLVED, that the Sisseton-Wahpeton Sioux (also

known as the Sisseton-Wahpeton Dakota Nation) Tribal

Gaming ordinance shall become effective immediately, as

of November 8, 1994, in accordance with the terms and

provisions herein, and shall govern all gaming activities

now and hereafter conducted on lands owned, presently and

in the future, by the Tribe or land owned by the United

States on behalf of the Tribe and within the Tribes

jurisdiction.

BE IT FURTHER RESOLVED, that the Sisseton-Wahpeton Sioux (also

known as the Sisseton-Wahpeton Dakota Nation) Tribal

Gaming Ordinance adopted on September 4, 1990, is hereby

repealed, together with any other law relating to gaming

which conflicts with or is inconsistent with the amended

Sisseton-Wahpeton Sioux (also known as the Sisseton

Wahpeton Dakota Nation) Tribal Gaming Ordinance, and in

all cases of conflict, the amended Ordinance herein

enacted shall be controlling.

BE IT FURTHER RESOLVED, that the Tribe submits the Sisseton

Wahpeton Sioux (also known as the Sisseton-Wahpeton

Dakota Nation) Tribal Gaming Ordinance, as amended, to

the National Indian Gaming Commission and requests

immediate review and approval of the amended Sisseton

Wahpeton Sioux (also known as the Sisseton-Wahpeton

Dakota Nation) Tribal Gaming Ordinance and the Tribal

Council directs the Tribal Chairman and Tribal Attorney

Bertram Hirsch to effect the submission of the Sisseton

Wahpeton Sioux (also known as the Sisseton-Wahpeton

Dakota Nation) Tribal Gaming Ordinance to the National

Indian Gaming Commission.
Tribal Council Resolution No. SWST-94-207 Page 3

CERTIFICATION

We, the undersigned duly appointed Chairman and appointed Secretary

of the Sisseton-Wahpeton Sioux Tribal Council also known as the

Sisseton-Wahpeton Dakota Nation do hereby certify that the above

resolution was duly adopted by the Sisseton-Wahpeton Sioux Tribal

Council also known as the Sisseton-WahpetonDakota Nation, which is

composed of 18 members, of whom 18 members, constituting a quorum,

were present at a Sisseton-Wahpeton Sioux Tribal Council also known

as the Sisseton-Wahpeton Dakota Nation meeting duly noticed,

called, convened and held at the TiWakan Tic Tipi, Agency Village,

South Dakota on November 8 1994, by a vote of 17 for, 0 opposed,

O abstained, 0 absent from vote, 1 not voting, and that said

resolution has not been rescinded or amended in any way.

Dated this 8th day of November 1994.

Elden Lawrence, Tribal Secretary

Sisseton-Wahpeton Sioux Tribe also known

as Sisseton-Wahpeton Dakota Nation

ATTEST:

Arnold R. Ryan~~~ Chairman

Sisseton-Wahpeton Sioux Tribal also known

as Sisseton-Wahpeton Dakota Nation
TABLE OF CONTENTS

SLSSETON-WAHPETON SIOUX TRIBE

CHAPTER 58

TRIBAL GAMING ORDINANCE

S.W.SJ. C~3L

0 Amendment

t2New Adoption

Judicial Approved

Council Adopted

~-90

SUBCHAPTER 1

GENERAL PROVISiONS

Page

58-01-01 Title 58-1

~9E

~ ~3~dmeflt

N~ ~0pt~Ot~

~do~64

58-02-01 Policy and intent 58-1

58-03-01 Authorization of gaming 58-1

58-04-01 Civil jurisdiction; patron dispute resolution . 58-1

58-05-01 Definitions 58-2

58-06-01 Gaming activity ownership . . . 58-9

58-07-01 Allocation of gaming net revenues 58-9

58-08-01 Gaming facility construction and maintenance; National

Environmental Policy Act compliance 58-10

58-09-01 Withholding tax on winnings 58-10

58-10-01 Federal law and Tribe-State compact compliance 58-10

58-1 1-01 Agent for service 58-11

58-1 2-01 Fees and fines assessed and collected by Commission 58-1 1

58-i
SUBCHAPTER 2

GAMING COMMISSION

58-13-01 Commission establishment 58-12

58-14-01 Commission membership eligibility; Commissioner and

Commission employee prohibited activities 58-12

58-15-01 Membership investigation 58-14

58-1 6-01 Suspension and removal of Commission members 58-14

58-17-01 Vacancies 58-15

58-18-01 Bonding 58-15

58-1 9-01 Powers of Commission; authority to regulate . . .

58-15

58-20-01 Monthly Commission reports 58-21

58-21-01 Duties of the Commission Chairperson, Members of

Commission 58-2 1

58-22-01 Employee, agent, contractor employment records 58-21

58-23-01 Commission records 58-22

58-24-01 Commission rules and regulations 58-22

58-25-01 Public availability of other information . 58-23

58-26-01 Methods of service 58-23

58-27-01 License hearings 58-24

58-28-01 Show cause hearing 58-25

58-29-01 Commission determination 58-25

58-30-01 Written determination provided 58-26

58-31-01 Violation hearings 58-27

58~2-01 Right of appeal 58-27

~,( ~-p~i~~ierit

N~vi Adoption 58-u

cal Approved

CounCil Adopted

H1X~L
SUBCHAPTER 3

LICENSING

58-33-01 Licensing of gaming operations 58-28

58-34-01 Licensing employees, agents, contractors 58-28

58-35-01 Management, security, and accounting personnel 58-30

58-36-01 Gambling equipment distributors 58-31

58-37-01 Minimum standards for inspection and approval of gambling

devices and other gaming equipment 5 8-32

58-38-01 License eligibility requirements 58-34

58-39-01 Temporary employment without a license 58-36

58-40-01 License application requirements 58-37

58-41-0 1 Licensing of distributors and manufacturers; management

contractor ineligible; suspension; revocation 58-44

58-42-01 Gambling equipment and games acquisition; distributors notice 58-44

58-43-01 Privacy Act and false statements notices 58-45

58-44-01 License application fees 58-46

58-45-01 Commission background investigation; federal notification of

results; waiver of background investigation 58-47

58-46-01 Classes of licenses and fees 58-48

58-47-01 Exemptions for non-public gaming operations 58-50

58-48-01 Operation license display and content 58-5 1

58-49-01 License certificate display and content 58-5 1

58-50-01 Corrected licenses 58-52

58-51-01 License wear and content 58-52

3 v~ ST. ~

~T~flt

N -~: 7~oct;ori 58ui

~c~J Approved

II-~~-cI~

Council Adopted
58-52-01 Legal effect of licensure .

58-53

58-53-01 Licensee consent to search 58-53

58-54-01 License non-transferable 58-53

58-55-01 License as revocable privilege 58-54

58-56-01 Notice to National Indian Gaming Commission of license

issuance or non-issuance; transmittal of primary management

official and key employee license application to National Indian

Gaming Commission 58-54

SUBCHAPTER 4

MANAGEMENT CONTRACTS

58-57-01 Management contract contents; approval 58-55

58-58-01 Management contract disapproval; termination . . 58-59

58-59-01 Management contractor application and records . 58-62

58-60-01 Management contractor bond 58-64

SUBCHAPTER 5

AUDITING AND ACCOUNTING

58-61-01 Auditing by the Commission 58-65

58-62-01 Accounting requirements 58-66

58-63-01 Independent audits of gaming operation 58-66

58-64-01 Accounting records 58-67

58-65-01 Retention of audit and accounting records and gaming operation

records 58-69

58-66-01 Gaming operations reports 58-69

58-67-01 Retention of enforcement action records 58-70

Ii NW ~

jdic;2~ Approved

~ctlA~pt~d

58-iv
SUBCHAPTER 6

INTERNAL CONTROLS

58-68-01 Internal control systems 58-71

58-69-01 Computer recording requirements and monitoring of slot

machines or video games of chance 58-72

58-70-01 Security and surveillance procedures 58-73

58-71-01 Games and game rules; approval and posting 58-73

SUBCHAPTER 7

UNLAWFUL AND PROHIBITED ACTIVITIES

58-72-01 Unlawful and prohibited activities 58-74

58-73-01 Wagering by minors prohibited 58-77

58-74-01 Gambling on credit unlawful; licensee loans unlawful 58-77

58-75-01 Possession of firearms and dangerous weapons prohibited . . 58-78

58-76-01 Alcohol prohibited; exception 58-78

58-77-01 Penalties and fines 58-79

58-78-01 Forfeiture of property 58-80

SUBCHAPTER 8

IMPLEMENTATION

58-79-01 Implementation 58-83

58-80-01 Severability 58-83

Amendment

O New AdUptiO~~

udici& Anproved

58-v

Counc~ Adopted
S.W.S.t. CODE

O Amendment

New Adoption

JudiciaL Approved

SISSETON-WAHPETON SIOUX TRIBE

~ounciI Adopted

TRIBAL GAMING ORDINANCE -

Subchapter 1

General Provisions

58-01-01 Title. This Ordinance shall be known and may be commonly cited as

the Sisseton-Wahpeton Sioux Tribal Gaming Ordinance.

58-02-01 Policy and intent.

58-02-02 The purpose of this Ordinance is to regulate of class II and class Ill

gaming activities conducted on Indian lands of the Sisseton-Wahpeton

Sioux Tribe in order to generate revenue for the operation of tribal

government programs and services, promote tribal self-sufficiency and

economic development, shield the operation of gaming from organized

crime and other corrupting influences, and assure that gaming is

conducted fairly and honestly by both the operator and players. This

Ordinance, as amended, shall supersede any prior gaming ordinance

and, in accordance with the requirements of the Indian Gaming

Regulatory Act, 25 U.S.C. § 2701 et seq., shall govern gaming

activities of the Tribe in by the State of South Dakota and the State of

North Dakota.

58-03-01 Authorization of gaming.

58-03-02 The Sisseton-Wahpeton Sioux Tribe hereby authorizes class I, class II,

and class lii gaming activities, as defined in and in accordance with

this Ordinance, on Indian land within the jurisdiction of the Sisseton

Wahpeton Sioux Tribe.

58-04-0 1 Civil jurisdiction; patron dispute resolution.

58-04-02 The Tribe shall exercise civil jurisdiction over all civil matters involving

players of authorized class II or class Ill gaming, licensees, and other

persons and entities and that involve the transaction of any business

or the commission of tortious acts on or within Indian land or on or

within any other property related to class II or class Ill gaming on

Indian land or that involve a contract, wherever entered into, to supply

goods or services on or within such property. The Tribe shall also

exercise civil jurisdiction over any person who commits a tortious act

outside of Indian land provided that such person regularly does or

~ ~ ~ C~DE

solicits business, or engages in any other persistent course of

f~1 Arne~dment conduct, or derives substantial revenue from goods used or consumed

New Adoption

Jjdicial Approved 58-1

ii .

Coii;:c~ Adopted
Chapter 58

Subchapter 1

General Provisions

or services rendered on Indian land, or expects or should reasonably

expect the act to have consequences on Indian land and derives

substantial revenue from interstate or international commerce or from

commerce with the Tribe.

58-04-03 The Commission or any class II or class Ill gaming operation manager

of the Tribe may require any person or entity licensed pursuant to this

Ordinance or any other person or entity employed by o doing

business with the Tribes gaming operations as a patron or otherwise

to contractually or otherwise agree, as a condition of employment or

of doing business with the Tribes gaming operations, that the Tribe

shall have exclusive jurisdiction to determine any civil matter within

the civil jurisdiction of the Tribe conferred by Section 58-04-02. The

absence of any such agreement shall not affect, limit or diminish the

Tribes civil jurisdiction over any person or entity.

58-04-04 A licensed gaming operation or management contractor shall seek to

immediately resolve any dispute between any member of the gaming

public and the gaming operation. Any patron who is dissatisfied with

the dispute resolution proposed by a gaming operation or management

contractor may present such dispute for final resolution either to:

1. The Tribes courts; or

2. The Commission acting within the regulatory jurisdiction

conferred upon it under this Ordinance; or

3. An impartial mediator designated by the Tribal Council; or

4. An impartial arbitrator designated by the Tribal Council.

The Commission shall present to the Tribal Council a summary report

of gaming dispute cases. Nothing in this Section shall prohibit the

Tribe, in a management contract, from adopting a different and

alternative procedure for resolving such disputes.

58-05-01 Definitions. For the purpose of this Ordinance the following will apply

to the terms used.

S.w.S.T. CODE

~ Amend:neflt

D New Adoption 58-2

jud:c;aI Approved

Cou~ci Adopted
Chapter 58

Subchapter 1

General Provisions

58-05-02 The term Commission means the Sisseton-Wahpeton Sioux Tribal

Gaming Commission.

58-05-03 The term class I gaming means social games played solely for prizes

of minimal value or traditional forms of Indian gaming engaged in by

individuals as a part of, or in connection with, tribal ceremonies or

celebrations and includes any games defined in 25 C.F.R. § 502.2.

58-05-04 The term class II gaming means the game of chance defined in 25

C.F.R. § 502.3 and commonly known as bingo (whether or not

electronic, computer, or other technological aids are used in

connection therewith):

1. which is played for prizes, including monetary prizes, with cards

bearing numbers or other designations,

2. in which the holder of the card covers such numbers or

designations when objects, similarly numbered or designated,

are drawn or electronically determined, and

3. in which the game is won by the first person covering a

previously designated arrangement of numbers or designations

on such cards, including, if played in the same location, pull

tabs,lotto, punch boards, tip jars, instant bingo, and other

games similar to bingo, and

58-05-05 The term class II card games means those card games that:

1. are known as blackjack (21) only when played in the State of

South Dakota and poker, but only if such card games are played

in conformity with 25 U.S.C. § 2703(7)(C), or,

2. are not prohibited as a matter of criminal law by the States of

South Dakota or North Dakota and are legally played at any

location in the State of South Dakota or the State of North

Dakota, or,

~.W ST. CODE 3. are explicity authorized by the laws of the States of South

~J Amen~rnent Dakota or North Dakota, and,

1~ New Adoütion

Jud~cia~ Ap~roied

________

58-3

Counc~ Pcth2ted

\ _
Chapter 58

Subchapter 1

General Provisions

4. unless otherwise authorized pursuant to 25 U.S.C.

§ 2703(7)(C), are played in conformity with those laws and

regulations, if any, of the State of South Dakota or the State of

North Dakota regarding hours or periods of operation of such

card games or limitations on wagers or pot sizes in such game

cards.

58-05-06 Except for blackjack (21) when played in the State of South Dakota,

the term class II gaming does not include:

1. any banking card games, including baccarat, chemin de fer, or,

2. electronic or electromechanical facsimiles of any game of

chance or slot machines of any kind.

58-05-07 The term class Ill gaming means all forms of gaming that are not

class I or class II gaming or class II card games and that are defined in

25 C.F.R. § 502.4. This term includes, but is not limited to, gambling

devices, dice games, wheel games, card games, pari-mutuel wagering

on horses and dogs, lotteries, sports betting pools, and sports betting,

including parlay cards.

58-05-08 The term distributor means a person or entity that sells, leases,

markets or otherwise distributes gambling devices, equipment, games

or implements of gambling which are usable in the lawful conduct of

gambling games pursuant to this Ordinance, to a kcensee authorized

to conduct gambling games pursuant to this Ordinance.

58-05-09 The term gambling device means:

1. Any so-called slot machine, progressive slot machine, or

any machine or mechanical device an essential part of which is

a drum or reel with insignia thereon, and

a. which when operated may deliver, as the result of the

application of an element of chance, any money or

property, or

S. W. S. 1. CODL

~ Amendment

E New Adoç~tjon

Jui~caJ Approved

j~-O1.1 -~i4 58-4

Council Adcpted

it -t~8-9t.
Chapter 58

Subchapter 1

General Provisions

b. by the operation of which a person may become entitled

to receive, as the result of the application of an element

of chance, any money or property; or

2. Any other machine or mechanical device (which includes but is

not limited to, roulette wheels and similar devices) designed and

manufactured primarily for use in connection with gambling,

and

a. which when operated may deliver, as the result of the

application of an element of chance, any money. or

property, or

b. by the operation of which a person may become entitled

to receive, as the result of the application of an element

of chance, any money or property;

3. Any video game of chance;

4. Any subassembly or essential part intended to be used in

connection with any such machine or mechanical device, but

which is not attached to any such machine or mechanical

device as a constituent part.

58-05-10

58-05-11

S.w.S.T. CODE.

Amen dme

~ New Adopt~0fl

Jud~c~3~ Approved

1L~t~-

Counci! Adopted

The term gross revenues means the total sums collected and, when

applicable, shall include the total sums collected from non-gambling

sales made on the premises of or in connection with the Tribes

gaming operations.

The term Indian land means:

1. All lands of the Sisseton-Wahpeton Sioux Tribe as may have

Indian reservation status under federal law;

2. All lands title to which is held in trust by the United States for

the benefit of the Sisseton-Wahpeton Sioux Tribe or any other

member of the Tribe and over which the Sisseton-Wahpeton

Sioux Tribe exercises governmental power;

58-5
Chapter 58

Subchapter 1

General Provisions

3. All lands held by the Sisseton-Wahpeton Sioux Tribe or any

member of the Tribe subject to a restriction by the United

States against alienation and over which the Sisseton

Wahpeton Sioux Tribe exercises governmental power; and

4. All lands which may be acquired by the Sisseton-Wahpeton

Sioux Tribe in the future which meet the requirements, if

applicable, of 25 U.S.C. § 2719.

58-05-12

58-05-13

~.W.S.T. CODE

~ P~m~ri~1rneflt

Ti N~t: ~DDt!Ofl

Jud;ca A~oroved

LL~1~L~

CowiC~ Adopted

The term key employee means any person employed in a

supervisory capacity within a gaming operation whO is empowered to

make discretionary decisions with regard to the gaming operation.

Key employees include but are not limited to:

1. Gaming facility managers and assistant managers, bingo callers,

counting room supervisors, cashier supervisors, security

supervisors, surveillance supervisors, custodians of gaming

supplies or cash, floor managers, pit bosses, dealers, croupiers,

approvers of credit, and custodians of gambling devices,

including persons with access to cash and accounting records

within such devices.

2. If not otherwise included, any other person whose total cash

compensation is in excess of $50,000 per year; or

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

persons in the gaming operation.

The term lottery means a game for which chances are sold, the

winning chance or chances being secretly predetermined or later

selected in a chance drawing and in which the holders of winning

chances receive money or something of value. The term chance

drawing includes the identification of winning numbers or symbols by

a mechanical, electronic or electromechanical device which makes the

selection in a random manner. The term lottery includes keno and

the types of lottery games actually being conducted by the States of

South Dakota and North Dakota unless the game is by definition a

video game of chance or a slot machine.

58-6
Chapter 58

Subchapter 1

General Provisions

58-05-14 The term 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 a gaming operation.

58-05-15 The term management contractor means any person, partnership,

corporation or other entity which is engaged by the Tribe to act as the

Tribes agent in the operation of gaming activities pursuant to a

contract or agreement executed by such person, partnership,

corporation or other entity and the Tribe and approved pursuant to the

Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq.

58-05-16 The term manufacturer means a person or entity that designs,

assembles, fabricates, produces, constructs, or who otherwise

prepares a product or a component part of a product of any device,

equipment, or implement of gambling usable in and necessary to the

play of gambling games pursuant to this Ordinance.

58-05-17 The term pari-mutuel means a betting system in which all persons

who bet share in an established prize pool of similar bets.

58-05-18 The term parlay cards means a form of sports betting in which the

player must correctly select the winners in a specified minimum

number of events in order to win.

58-05-19 The term person having management responsibility for a

management contract means the person designated by the

management contract as having management responsibility for the

gaming operation, or a portion thereof.

58-05-20 The term primary management official means:

1. The person having management responsibility for a

management contract; or

2. Any person appointed or elected to a Gaming Board or other

Management Board who has management authority with

respect to a tribal gaming operation.

~>< ~e~dmeflt

Adoption

-~ A3prOved

58-7

-~c~ Adopted
Chapter 58

Subchapter 1

General Provisions

3. Any person or entity which sets up the working policy for a

gaming operation or which approves or disapproves the working

policy or specific decisions of a gaming operations general

manager or who has authority to hire and fire employees.

4. Any person or entity authorized to obligate funds from any

tribal gaming operation for operating expenses or make

allocations of net revenues on behalf of the Tribe.

5. A chief financial officer or other person who has financial

management responsibility.

6. Any other person defined as a primary management official in

25 C.F.R. § 502.19.

58-05-21 The term progressive slot machine means a slot machine or bank of

slot machines with a payoff which increases as the slot machine is

played.

58-05-22 The term slot machine means a mechanical or electronic gaming

device into which a player deposits coins or tokens and from which

certain numbers of coins are paid out when a particular, random

configuration of symbols appears on the reels or screen of the device.

58-05-23 The term sports bettingN means the placing of bets or wagers on the

outcome of any athletic event, sporting event or similar contest

including, but not limited to, the playing of parlay cards.

58-05-24 The term sports betting pool means a game in which numbers are

randomly selected by the participants, and winners are determined by

whether the numbers selected correspond to numbers relating to an

athletic event in the manner prescribed by the rules of the game.

58-05-25 The term Tribe means the Sisseton-Wahpeton Sioux Tribe, also

known as the Sisseton-Wahpeton Dakota Nation.

end rnent

i~.doptiOrt

~i:Ca~ ~pprave 58-8

i;~CIi Adopted

11-g~~-9~~L
Chapter 58

Subchapter 1

General Provisions

58-05-26 The term video game of chancew means a game of chance played on

microprocessor-controlled devices that simulate games commonly

referred to as poker, blackjack, craps, hi-b, keno, roulette, line-up

symbols and numbers, pulitabs, or other electronic or

electromechanical facsimiles of any game of chance which are

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

award coins, additional plays or a written or displayed statement of

the amount of a prize which is redeemable for cash.

58-06-01 Gaming activity ownership.

58-06-02 The Tribe shall have the sole proprietary interest in and the sole

responsibility for the conduct of any of the Tribes gaming operations

on Indian lands. Unless otherwise specified in a management contract

entered into by the Tribe, the Tribe shall have the sole control over

any bank accounts holding any financial assets related to the Tribes

gaming operations.

58-07-01 Allocation of gaming net revenues.

58-07-02 The net revenues from any gaming operations conducted by the Tribe

pursuant to this Ordinance shall be allocated only to:

1. fund tribal government operations or programs;

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

3. promote tribal economic development;

4. donate to charitable organizations; or

5. help fund operations of local government agencies.

58-07-03 Nothing in Section 58-07-02 shall prohibit the Tribe from entering into

a management contract providing for a fee, as authorized under 25

U.S.C. § 2711 (c)(1) and (2), based on a percentage of the net

revenues.

1 CODE

~ Am~ndmenj

~1 New Adoptił~ 58-9 iudIc!3~ Approved

Cowicil A~opte~
Chapter 58

Subchapter 1

General Provisions

58-08-01 Gaming facility construction and maintenance; National Environmental

Policy Act compliance.

58-08-02 The construction and maintenance of any gaming facility, as well as

the operation of any gaming by the Tribe, shall be conducted in a

manner which adequately protects the environment and the public

health and safety.

58-08-03 Whenever a management contract provides for the development and

construction of gaming facilities, or parts thereof, any class II or class

Ill gaming operation of the Tribe and any management contractor shall

provide such readily available or obtainable environmental information

as may be necessary to enable the National Indian Gaming

Commission, or such other party as may be authorized by such

Commission, to prepare any required environmental assessment or

environmental impact statement, as the case may be.

58-09-01 Withholding tax on winnings.

58-09-02 All winnings received or prizes awarded by a licensed class II or class

Ill gaming operation are Sisseton-Wahpeton Sioux Tribe earned

income and are subject to Tribe and federal income tax laws. Any

amount deducted from winnings, or from a cash prize awarded to an

individual, for payment of a tribal tax shall be remitted to the Tribe on

behalf of the individual who won the wager or prize.

58-10-01 Federal law and Tribe-State compact compliance.

58-10-02 Any provisions of this ordinance or of any rule or regulation issued

pursuant thereto notwithstanding, the requirements of any applicable

federal law or regulation or of any class Ill gaming compact between

the Tribe and the State of South Dakota or the Tribe and the State of

North Dakota shall govern whenever there is an inconsistency

between this Ordinance and any rule or regulation issued thereunder

and such federal Jaw or regulation or compact.

s.W.S.T. CODb

~ Amendment

~ New Ad~pt~On

iudc:al Approved 5810

11-0 -

Council Adopted
Chapter 58

Subchapter 1

General Provisions

58-1 1-01 Agent for service.

58-11-02 Unless otherwise designated by resolution of the Tribal Council, the

Chairman of the Tribe shall be the agent of the Tribe for service of

any official determination, order, or notice of violation by the National

Indian Gaming Commission.

58-12-01 Fees and fines assessed and collected by Commission.

58-12-02 Any and all fees and fines assessed and collected by the Commission

pursuant to the authority provided for in this Ordinance, shall be

accounted for and, by the 15th day of each month for the preceding

month, shall be remitted to the Treasurer of the Tribe for deposit into

the Tribes general treasury except as provided for in Sections 58-44-

02, 58-44-03, and 58-44-04.

.w.S.T. CODE

Amendment

O New Adc~ptiOfl

58-1 1

Judicial Approved

Council Adapted
Chapter 58

Subchapter 2

Gaming Commission

58-13-01 Commission establishment.

58-13-02 To carry out the purposes declared herein, there is hereby established

the Sisseton-Wahpeton Sioux Tribal Gaming Commission. The

Commission shall consist of three members of the Tribe, all of whom

shall be appointed by the Tribal Council for a term as set by the Tribal

Council at the time of appointment. The Tribal Council shall designate

one of the three commissioners to be the Chairperson of the

Commission. The Commission shall appoint its staff, after conducting

interviews and providing license suitability notice to the Tribal Council,

in accordance with the Commissions budget as approved by the

Tribal Council and in accordance with the Tribes employment policies.

58-14-01 Commission membership eligibility; Commissioner and Commission

employee prohibited activities.

58-14-02 Commissioners may not hold other tribal positions. Tribal council

members, tribal executives, or district officers shall not be eligible to

serve on the Commission. Commissioners may not be engaged in any

gambling related business.

58-14-03 A background investigation shall be conducted, comparable to a

primary management official background investigation, to determine

the suitability of each Commissioner to serve on the Commission.

Tribal Council appointment to the Commission shall be subject to such

investigation. Commissioners may not gamble in an establishment

licensed by the Commission and shall have no personal financial

interest in any gambling by any patron other than the financial interest

shared equally with all other members of the Tribe.

58-14-04 A background investigation shall be conducted, comparable to a key

employee background investigation, to determine the suitability for

employment of each Commission employee. Commission employees

shall have no personal financial interest in any gambling by any patron

other than the financial interest shared equally with all other members

of the Tribe. Commission employees may not gamble in an

establishment licensed by the Commission unless Commission rules

~V.S.T. CODE and regulations authorize such gambling.

Amendment

New Adopt~Ofl

J~idic~al Approved

_________

58-12

Counci Adopted

II-~i~- gz~
Chapter 58

Subchapter 2

Gaming Commission

58-14-05 No member of the Commission or any Commission employee, directly

or indirectly, individually, or as a member of a partnership or other

association, or as a shareholder, director, or officer of a corporation

shall have an interest in a business which contracts for the operation

and management of the Tribes gaming operations, or any marketing

or supplying of equipment and materials in connection therewith.

58-14-06 No member of the Commission or any employee of the Commission or

a member of their immediate family shall ask for, offer or accept, or

receive a gift, gratuity, or other thing of value from a person or entity

licensed under this Ordinance or from a person or entity contracting or

seeking to contract with the Tribes gaming operations for the

operation and management of such operations or to supply gaming

equipment or materials in connection therewith.

58-14-07 A person or entity licensed under this Ordinance or a person or entity

contracting or seeking to contract with the Tribes gaming operations

for the operation and management of such enterprise or to supply

gaming equipment or materials shall not offer a member of the

Commission or any employee of the Commission or a member of their

immediate family a gift, gratuity, or other thing of value.

58-14-08 As used in Sections 58-14-06 and 58-14-07, member of their

immediate family means a parent, step-parent, parent-in-law, spouse,

child, step-child, brother, step-brother, brother-in-law, sister, step

sister, sister-in-law, or grandchild of the Commissioner or employee.

58-14-09 A Commissioner who, after a hearing before the Tribal Council, is

determined to have violated any provision of Section 58-14 shall be

immediately removed from the office or position. An employee of the

Commission who, after a hearing before the Commission, is

determined to have violated any provision of Section 58-14 shall be

immediately terminated from employment.

58-14-10 A violation of paragraphs 58-14-03 through 58-14-07 is a class one

(1) misdemeanor.

.~ ST. CODL

N Amendment

T1 New AdopUon

Judicial Approved 58-13

Council Adopted
Chapter 58

Subchapter 2

Gaming Commission

58-1 5-01

58-15-02

Membership investigation.

Each proposed member of the Commission shall be required to agree

that his or her name may be submitted by the Tribal Council to

appropriate law enforcement officials in order to determine that the

proposed member:

1. Has not committed a felony or any gambling offense in any

jurisdiction;

2. Has no prior activities, reputation, habits, or associations

affecting his present conduct which would:

a. pose a threat to the public interest;

b. threaten the effective regulation and control of gambling;

or

c. enhance the dangers of unsuitable, unfair, or illegal

practices, methods or activities in the conduct of

gambling.

Should the investigation reveal facts that indicate to the Tribal Council

that the proposed Commission member is not eligible for appointment

to the Commission under the standards established in Sections 58-14-

02 through 58-14-07, the proposed member shall not be eligible to

serve on the Commission. The Tribal Council vote on membership of

Commission members shall be by resolution. There shall be no right

of appeal to any court from a decision of the Tribal Council not to

permit a proposed Commission member to serve on the Commission.

58-16-01

58-1 6-02

~.WS.T. CODE

Amendment

0 New Adoption

Judicial Approved

JI-C7 ~7-L

Council Adopted 1

Suspension and removal of Commission members.

The Tribal Council may suspend Commission members for cause.

Causes for the purpose of this Section shall include, but is not limited

to, dereliction of duty, failure to follow a directive of the Tribal

Council, misappropriation of funds, fraud, falsification of reports,

conviction of a felony, conviction of a gaming offense in any

jurisdiction or violation of this Ordinance or any of the rules and

regulations promulgated thereunder.

58-14
Chapter 58

Subchapter 2

Gaming Commission

58-16-03 Upon suspension, the Tribal Council must immediately notify the

accused Commission member in writing of the suspension and the

reasons for the suspension. The Tribal Council shall hold a hearing on

the charges not less than ten (10) nor more than twenty (20) days

from the receipt of such notification by the Commission member. At

the hearing, evidence supporting the charges shall be heard and the

accused Commission member shall have the opportunity to examine

witnesses and evidence and offer the same in defense.

58-16-04 Upon the conclusion of a suspension hearing, the Tribal Council shall

determine whether the charges are supported by the evidence. If the

Tribal Council determines that the charges are supported by the

evidence, the Tribal Council will immediately remove the

Commissioner.

58-17-01 Vacancies.

58-17-02 Should a Commission member die, resign, or be removed, the Tribal

Council may appoint any other qualified person to fill the position,

provided that any proposed appointee shall be subject to the

qualification requirements of this Ordinance.

58-18-01 Bonding. Each Commissioner shall be bonded in the amount of

$50,000.00.

58-19-01 Powers of CommissiOn; authority to regulate.

58-19-02 The Commission shall have the authority to enforce this Ordinance

and to regulate all gambling operations governed by this Ordinance.

The Commission shall adopt and publish such rules and regulations as

may be necessary to carry out and assure compliance with the

provisions of this Ordinance and the responsibilities of the Tribe under

any applicable federal law and any class Ill gaming compact entered

into between the Tribe and the State of South Dakota or the Tribe and

the State of North Dakota. In adopting, amending, or repealing any

regulations, the Commission shall give public notice of the proposed

action prior thereto pursuant to Section 58-24-03.

S.W.S.T. CODI

~ Amendment

~ New Adaption

Judiciai Approved

58-15

CounCi Adopted
Chapter 58

Subchapter 2

Gaming Commission

58-19-03 The Commission shall have the following specific powers:

1. To receive and process all license applications related to the

conduct of Class II and Class Ill gaming activities on lands

within the jurisdiction of the Tribe, and issue licenses to all such

gaming operations, persons, individuals, and distributors who

are required to be licensed by this Ordinance and who quality

for such licensure, and, when required by federal law or

regulation, to notify the National Indian Gaming Commission of

the issuance of any license when so required by federal law or

regulation;

2. To adopt standards for licensing the occupations within the

Tribes gaming operations;

3. To investigate gaming and non-gaming employee license

applicants for gaming operations, determine the eligibility of

applicants for a license, and issue gaming licenses to eligible

applicants;

4. To review all contracts entered into by a gaming operation to:

a. determine whether the transaction documents are a

contract; and

b. determine whether the contract is or is not related to

gaming, and, if related to gaming, whether it is subject to

the provisions of this Ordinance; and

c. determine whether the non-Tribal party to the contract

must be licensed under the provisions of this Ordinance.

Nothing in this subparagraph shall prevent a gaming operation from

engaging in transactions which might involve a gaming related

contract under the provisions of this Ordinance, or the regulations

promulgated hereunder, but it. shall be the duty of the gaming

operation to notify the Commission of such a transaction and request

from the Commission a determination that the transaction involves a

distributor or is otherwise a gaming related contract.

.w.S.T. CODL

~ Amendme~

New Adoption

i~diCtat ~pproved

ja–L 58-16

Cou~CiI Adopted
Chapter 58

Subchapter 2

Gaming Commission

5. To investigate non-management gaming contractors and

approve non-management gaming contractor licenses for any

person or entity working in or for the Tribes gaming operations

who requires such a license;

6. To license any person, organization or entity selling, leasing,

marketing or otherwise distributing gambling devices,

equipment, games, or implements of gambling, to the Tribes

gaming operations;

7. To investigate and license any management contractors of the

Tribes gaming operations, or any ancillary contractors of any

management contractor, who provide supplies, services,

concessions or property to the Tribes gaming operations or to

any management contractor in connection therewith;

8. To limit, condition, suspend, restrict, or revoke any license it

may issue and assess fines for violations of this Ordinance or of

any rules or regulations promulgated by the Commission as

provided for in this Chapter;

9. To adopt reasonable standards consonant with the size and

scope of the gaming operation, including game rules, under

which all gambling operations shall be held, including

regulations concerning security and surveillance operations, and

the prize and wagering structure in accordance with the

applicable provisions, if any, of any class Ill gaming compact

between the Tribe and the State of South Dakota and the Tribe

and the State of North Dakota entered into pursuant to federal

law;

10. To inspect and examine all premises wherein gaming is

conducted or gambling devices or equipment are manufactured,

sold or distributed;

11. To inspect all equipment and supplies in, upon, or about a

gaming operation, or inspect any equipment or supplies,

~ ~ ~ ~ wherever located, which may or have been used in the gaming

Amendment operation

~ New Adoption

Judicial Approved

jj~~L. 5 -17

Council Adopted

LL~-~.
Chapter 58

Subchapter 2

Gaming Commission

12. To summarily seize and remove from a gaming operation and

impound equipment and supplies for the purpose of

examination, inspection, evidence, or forfeiture in those

instances where the Commission has reasonable cause to

believe that a violation of this Ordinance has occurred and hold

such property pending any final hearing determination of the

appropriate disposition of such property;

13. To enter without restriction the offices, facilities, or other

places of business of a licensee to determine compliance with

this Ordinance provided that the licensee maintains the right to

have any member of the Commission entering such locations

accompanied by security personnel for the purpose of

facilitating the unrestricted access of such member of the

Commission;

14. To require, and cause to be conducted annually, outside

independent audits of all gaming activity as required by the

Indian Gaming Regulatory Act and submitting such audits to the

National Indian Gaming Commission pursuant to 25 C.F.R. §

522.4 (b)(3); require, and cause to be conducted annually,

outside audits of all contracts related to the conduct of gaming,

with the exception of those contracts for professional legal and

accounting services, whether those contracts be for supplies,

services, or other subject matter which the Commission

determines to be related to gaming, and which are for a

contract amount in excess of $25,000;

15. To access upon demand and inspect, examine, copy and audit

all papers, books and records of applicants and licensees

respecting any revenue or income produced by any gaming

operation;

1 6. To require verification of the daily gross revenues and income

of any class II and class Ill licensed gaming activity, and

verification of all other matters affecting the enforcement of the

public policy of or any of the provisions of this Ordinance in

SW ST. COOL order to safeguard the integrity of tribal gaming operations;

~ Amendment

~ New Adoption

Judicial Approved

58-18

CounCil Adopted
Chapter 58

Subchapter 2

Gaming Commission

17. To seize and impound any patrons winnings which the

Commission may have reason to believe may have been won or

obtained in violation of this Ordinance or any other law pending

a civil forfeiture hearing on such seizure and/or a criminal

proceeding in connection therewith;

18. To formally suspend, revoke, and ensure the appropriate

disposition of a license held by a licensee for a violation

committed by a licensee, or an employee of the licensee, of this

Ordinance or a Commission rule or regulation or for engaging in

a fraUdulent practice;

19. To investigate alleged violations of this Ordinance, the

Commission rules, regulations, orders or final decisions, any

class Ill gaming compact entered into between the Tribe and

the State of South Dakota or the Tribe and the State of North

Dakota, and any other applicable laws, and to take appropriate

disciplinary action, including the imposition of civil fines,

against a licensee or any employee of a licensee for the

violation, or institute appropriate legal action for enforcement,

or both;

20. For the purpose of enforcing the provisions of this Ordinance,

to exercise the powers of a peace officer of the Tribe except

that members of the Commission and Commission employees

have no authority to carry firearms in the performance of their

official duties;

21. To hold hearings, and to require licensees or license applicants

to appear and testify under oath regarding matters related to

the enforcement of the provisions of this Ordinance, complaints

received about matters within the purview of the Commission

to address, actions by the Commission regarding licenses, or

any other matters over which the Commission has authority;

22. To issue subpoenas for the attendance of witnesses and

subpoenas ducestecum for the production of books, records

and other pertinent documents, and administer oaths and

affirmations to the witnesses, when, in the judgment of the

~.w S.T. CODE Commission, it is necessary to enforce this Ordinance or the

~ Amendment rules and regulations of the Commission;

~ New Adoption

Judicial Approved

58-19

Council Adopted

n-Os- ¶~L
Chapter 58

Subchapter 2

Gaming Commission

23. To assure that the payouts from the gambling games authorized

under this Ordinance and the payout percentages for all slot

machines and video lottery machines are in accordance with

any applicable requirements of the compact between the Tribe

and the State of South Dakota or the Tribe and the State of

North Dakota governing class Ill gaming on Indian lands of the

Tribe. If there is no such applicable requirement in any

compact entered into by the Tribe, the Commission shall adopt

by rule maximum and minimum payout percentages subject to

the approval of the Tribal Council;

24. Consistent with the terms of any management contract, to

oversee and carry out necessary surveillance of all gambling

activities conducted at a tribal gaming operation;

25. To consult with the Tribes legal counsel to advise the

Commission as needed;

26. To hear and consider for resolution any dispute between

members of the public and the Tribe with regard to gaming

activities licensed pursuant to the terms of this Ordinance;

27. To defend this Ordinance in any court with proper jurisdiction or

before any federal agency, however, any reference herein to

defending this Ordinance shall not be deemed a waiver of the

Tribes sovereign immunity from suit;

28. To propose an annual budget to the Tribal Council to support

Commission operations undertaken pursuant to the provisions

of this Ordinance; remuneration to or salaries for the

Commissioners shall be set by the Tribal Council as part of such

annual budget;

29. To take any other actions as may be reasonable and appropriate

to enforce this Ordinance and the rules and regulations of the

Commission, including the assessment and collection of such

fees and fines provided for in this Chapter.

s.W.S.T. COOL

~ Amefldme~

New Adoption

~jdicia~ ApprOVed 58-20

C3UflC%L Adopted

iL~I~f
Chapter 58

Subchapter 2

Gaming Commission.

58-20-01

58-20-02

58-21-01

58-21-02

58-21 -03

58-22-01

58-22-02

S.W.S.T. CODE

~ Amendment

0 New Adoption

Judic~af Approved

/-

Council Adopted

Monthly Commission reports.

The Commission shall monthly make reports to the Tribal Council and

otherwise as the Tribal Council may require. The report shall include a

summary of all licensing and enforcement actions, audit reports and

recommendations, patron dispute cases, such other information as to

which the Commission may wish to advise the Council, and

information on any other matters requested by the Council.

Duties of the Commission Chairperson, Members of Commission.

The Chairperson of the Commission shall have responsibility for calling

and presiding over meetings of the Commission, presiding over

rulemaking procedures, and presiding over any hearings which the

Commission might conduct, as well as overseeing administration of

the daily affairs of the Commission including the receipt of complaints

concerning gaming or persons associated with gaming, directing

activities of persons charged with conducting background

investigations and investigations of complaints, keeping all records,

whether relating to financial matters, licenses, investigations, or any

other aspect of the Commissions duties and responsibilities, and

delegating such responsibilities as the Commission deems necessary.

The members of the Commission shall be required to vote in all cases

where the Commission is required to make a decision regarding

licensing, rule-making, and any hearing determination regarding the

imposition of any sanction including but not limited to licensing

suspension, revocation, restriction or limitation, civil penalties, or the

exclusion or ejectment of any person, as well as annual license

renewal.

Employee, agent, contractor employment records.

The Commission shall retain applications for licensure or other

employment in connection with the Tribes gaming operations, reports

of background investigations, and other employee, agent or contractor

records for a period no less than three (3) years from the date of

termination of such employment as an employee, agent, or contractor.

58-21
Chapter 58

Subchapter 2

Gaming Commission

58-23-01 Commission records.

58-23-02 Gaming information and records enumerated in this Section are

confidential and may not be disclosed except as required by TribalState Compact, federal law or regulation, or pursuant to court order of

a court of competent jurisdiction. No person may use a subpoena,

discovery or other applicable statutes to obtain such information or

records. Information and records considered confidential include:

1. Tax returns of individual licenses;

2. License applications, credit, medical and security reports of

applicants for licenses and of other persons seeking or doing

business with the Commission; and

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

be harmful to the competitive position of the Tribes gaming

operations, its licensees or persons seeking or doing business

with the Commission; and

4. Audit work papers, worksheets and auditing procedures used

by the Commission, its agents or employees; and

5. Information provided by a licensee or license applicant that is

privileged or proprietary in nature.

58-23-03 Nothing in Section 58-23-02 shall be construed to prohibit the

Commission from disclosing information and records in accordance

with the provisions of any class Ill gaming compact entered into

between the Tribe and the State of South Dakota or the Tribe and the

State of North Dakota, or pursuant to the Indian Gaming Regulatory

Act and regulations promulgated thereunder, or by order of a court of

competent jurisdiction.

58-24-01 Commission rules and regulations.

58-24-02 All rules and regulations, including game rules, issued or approved by

the Commission shall be available to any person making a request for

~ ~ s.T. CODE such at a cost of reproduction and other costs as identified by the

~ Amendme~ Commission.

New Adopt~Ofl

u~ciaI p.pproved

~!c~d0Pte4 58-22
Chapter 58

Subchapter 2

Gaming Commission

58-24-03 Those rules and regulations the Commission deems necessary to

administer the provisions of this Ordinance shall be promulgated only

upon thirty (30) days notice of the proposed rulemaking action, which

shall be provided to the Tribal Council, posted at the Tribal offices,

and provided in written form to the board of directors/or general

manager of any licensed gaming operation.

1. The notice shall specify the purpose of the proposed regulation,

the draft language of the proposed regulation, and the factors

the Commission has considered in its determination to enact the

proposed regulation, and an address at which the Commission

shall receive comments pursuant to the provisions of

subparagraph 2 of this Section;

2. During the notice period the Commission shall receive

comments regarding the proposed regulation at the

Commission offices, or at a designated mailing address;

3. The comments received by the Commission shall be considered

by the Commission at a meeting open to the public, and the

Commission shall make a final determination regarding the need

for the proposed regulation, the language of the proposed

regulation, and the effective date of the proposed regulation on

the basis of all the information available to the Commission.

Any final determination of the Commission shall be recorded in

writing.

58-25-01

58-25-02

58-26-01

58-26-02

S.W.S.T. CODE

Amendment

0 New AdoptiOll

cit Ad0Pte~

Public availability of other information.

Other information, particularly information concerning sensitive

operational or contractual information, not published as rules or

regulations, shall be released by the Commission only if such release

is specifically authorized by the Tribal Council.

Methods of service.

Except as otherwise may be provided in a management contract

entered into by the Tribe, the Commission shall serve any official

determination, order, or notice of violation on licensees, including

employees, agents, and contractors doing business at or with the

Tribes gaming operations, and others within the jurisdiction of the

Commission, by:

58-23
Chapter 58

Subchapter 2

Gaming Commission

1. Delivering a copy to a designated agent;

2. Delivering a copy to the person or entity that is the subject of

the official determination, order, or notice of violation;

3. Delivering a copy to the individual who, after reasonable

inquiry, appears to be in charge of the gaming operation or such

other entity that is the subject of the official determination,

order or notice of violation;

4. Mailing to the person or entity that is the subject of the official

determination, order, or notice of violation or to his or her or its

designated agent at the last known address. Service by mail is

complete upon mailing; or

5. Transmitting a facsimile to the person or entity that is the

subject of the official determination, order, or notice of violation

or to his or her or its designated agent at the last known

facsimile number. Service by facsimile is complete upon

transmission.

58-26-03 Delivery of a copy means handing it to the attorney or designated

agent (or attorney for either); leaving a copy at the persons, entitys,

agents or attorneys office with a clerk or other person in charge

thereof; if there is no one in charge, leaving it in a conspicuous place

therein; if the office is closed or the person to be served has no office,

leaving it at the persons dwelling house or usual place of abode with

some person of suitable age and discretion then residing therein; or, if

the entity cannot otherwise be served, handing it to or leaving a copy

with a principal, officer, board member, or majority stockholder.

58-27-01 License hearings.

58-27-02 The Commission shall afford an applicant for a license an opportunity

for a show cause hearing prior to a final action denying such

application or on the Commissions failure to make a determination on

a license application within 1 20 days from submission thereof and

~ ST. CODE shall afford a licensee or any other person(s), subject to this

endmer~t .

~rn Ordinance, the opportunity for a show cause hearing prior to taking M~W P~dOP

d )uCIC!a~ ~pptOIØ

58-24

~ted
Chapter 58

Subchapter 2

Gaming Commission

final action resulting in terminating, revoking, suspendiAg, or limiting a

license or any other adverse action the Commission deems

appropriate, provided, that the Commission 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

Commission. In cases where a license is suspended prior to a hearing,

an opportunity for a show cause hearing shall be provided.

58-27-03 When the suspension involves a key employee or primary

management official or any employee, agent or contractor who has

access to cash, tokens or chips, machine components or other gaming

supplies or who has management, security, or accounting

respOnsibilities, the notice shall include a time and place for a show

cause hearing on the proposed license revocation. After a show

cause hearing, the Commission shall notify the National Indian Gaming

Commission of its decision to revoke or to reinstate the license. The

Commission may act to revoke or reinstate the license of any other

licensee under such procedures as it may determine appropriate.

58-28-01 Show cause hearing.

58-28-02 At a show cause hearing it shall be the obligation of the licensee or

license applicant to show cause why, as the case may be, the license

application in question should not be denied, the license or licenses in

question should not be revoked or suspended, the period of

suspension should not be extended, special conditions or limitations

upon a license should not be imposed, or any other action should not

be taken.

58-29-01 Commission determination.

58-29-02 Following a show cause hearing, the Commission shall, within seven

(7) days, determine 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 Commission (including

but not limited to, forfeitures or fines) should be taken.

s.w.s.T. COOL

Amendment

E New Adoption

Judicial Approved

LL1Q~L 58-25

Council Adopted
Chapter 58

Subchapter 2

Gaming Commission

58-29-03 If, after the issuance of a gaming license, the Commission receives

reliable information indicating that an employee, agent or contractor is

not eligible to have a license for employment to conduct business at a

tribal gaming operation, the Commission shall suspend such license

and shall notify the licensee in writing of the suspension and proposed

revocation. Such licensee shall be afforded the opportunity, pursuant

to Sections 58-27 and 58-28, to show cause why the license in

question should not be revoked.

58-29-04 The Commission shall revoke and refuse to renew an existing license

upon the occurrence of any event which would have made the

licensee ineligible for a license if the event had occurred prior to the

issuance of the license, or if the licensee knowingly made a false

statement on the license application, or if the licensee or an agent of

the licensee knowingly violates or permits a violation of a provision of

this Ordinance or of a rule or regulation adopted by the Commission.

58-29-05 A former licensee whose license is revoked is not eligible to receive

another license provided that whenever a license is revoked because

the licensee is an abuser of alcohol or drugs, a former licensee may be

eligible to receive another license upon a determination by the

Commission that the former licensee is no longer an abuser of alcohol

or drugs.

58-30-01 Written determination provided.

58-30-02 Within three (3) days following any determination under Section 58-

29 the Commission shall inform the license applicant, licensee or

former licensee in writing of that determination.

~. VI. S. T. COD

~ Aim~ndmer~

j N~w Adopti~~

iudicjal ~pproved 58-26

Counc:~ Adopted
Chapter 58

Subchapter 2

Gaming Commission

58-31-01 Violation hearings.

58-31-02 Whenever the Commission determines that any person has failed to

comply with the provisions of this Ordinance or any regulation

promulgated hereunder, the Commission shall make a certification of

specific findings. A copy thereof shall be served upon the subject or

subjects of that determination. After five (5) days notice and within

ninety (90) days following the Commissions determination, the

Commission shall hold a hearing at which the subject shall have an

opportunity to be heard and present evidence, if any, in refutation of

the Commissions findings. Within five (5) days following a hearing,

the Commission shall make a final determination and order on the

violation.

58-32-01 Right of appeal.

58-32-02 The Tribal Court shall have jurisdiction to review any adverse

determination of the Commission on a license application or affecting

a license and any final determination or order on a violation of this

Ordinance. A request for such review must be filed with the clerk of

the Tribal Court within five (5) days following receipt of the

Commissions determination or order. The Tribal Court shall reverse

the Commissions determination or order only upon a finding that the

Commission determination or order is contrary to a clear

preponderance of the evidence presented to it. There shall be no

appeal from any final determination of the Tribal Court on a

determination or order relating to a license denial or revocation. There

shall be a right of appeal from any final determination of the Tribal

Court on a determination or order on a violation of this Ordinance.

S. W. S. T. CODE

~

~ New Ado ptI~~

Judicial Approved 5827

Councij Adopted
Chapter 58

Subchapter 3

Licensing

58-33-01

58-33-02

58-33-03

58-33-04

58-33-05

58-34-01

58-34-02

58-34-03

SW.S.T. cooe

~ Am~ndmen~

TI New Adoptiog

:udcial Approved

Co~inciI Adopted

~ 7_ cfl/

Licensing of gaming operations.

Class II and class Ill gaming activities may be conducted on Indian

lands only if licensed.

Licensing class II gaming activities. The Commission may license and

regulate a tribally owned class II gaming activity if the State of South

Dakota or the State of North Dakota permits such gaming for any

purpose by any person, organization or entity (and such gaming is not

otherwise specifically prohibited on Indian lands by Federal law).

Licensing class ill gaming activities. The Commission may license and

regulate a tribally owned class IH gaming activity if the State of South

Dakota or the State of North Dakota permits such gaming activity for

any purpose by any person, organization or entity and the gaming is

conducted in conformance with a Tribal-State compact entered into

by the Tribe and the State of South Dakota or the Tribe and the State

of North Dakota that is in effect.

Separate ilcensure for each facility. The Commission shall issue a

separate license for each place, facility, or location on Indian lands at

which class II or class Ill gaming is conducted. The license shall be

displayed in a prominent place on the premises where the class II or

class Ill gaming activity is conducted.

Licensing employees, agents, contractors.

The Commission shall require all persons employed by the Tribes

gaming operations to be licensed pursuant to this Chapter in addition

to any other Tribal license required under any other law of the Tribe.

The Commission shall also require any person or entity who is a

distributor and doing business with the Tribes gaming operations to

be licensed pursuant to this Chapter in addition to any other Tribal

license required under any other law of the Tribe.

All employees working in or for a tribal gaming operation shall be

required to have and display prominently an appropriate valid

Commission gaming license. Requirements for the use and wear of

contractor licenses shall be prescribed in Commission rules and regulations.

58-28
Chapter 58

Subchapter 3

Licensing

58-34-04 The Commission shall temporarily deny a license and shall suspend an

existing license if charges are pending against an applicant which, if

resulting in a conviction, would disqualify the applicant from receiving

or holding a license.

58-34-05 The Commission shall not issue a license to any person or entity

determined to be a person or entity whose prior activities, criminal

record, if any, or reputation, habits and associations pose a threat to

the public interest or to the effective regulation of gaming, or create

or enhance the dangers of unsuitable, unfair, or illegal practices,

methods and activities in the conduct of gaming. No licensed gaming

operations shall employ such a person in any capacity.

58-34-06 The Commission may suspend, deny, or revoke each type of license

issued if the Commission determines that the circumstances of an

offense giving rise to a conviction make the applicants presence at

the Tribes gaming operations a hazard to the regulation and conduct

of gaming or may reasonably undermine the public confidence in the

integrity of the gaming conducted at such operations.

58-34-07 The Commission shall not issue a license to any person or entity that

has knowingly supplied materially false or misleading information to

the Commission or who has omitted required material information

from any license application, and may deny a license to any person or

entity that has made any false statement in a license application.

58-34-08 The Commission shall fine, revoke, suspend, limit or refuse to renew

the license of any person or entity upon a determination that such

person or entity delayed, maneuvered or took any action, or

attempted to delay, maneuver or take any action to unlawfully divert

gaming or other proceeds properly belonging to the Tribe.

58-34-09 A person who knowingly makes a false, misleading or erroneous

statement in a license application or in any statement attached to an

application is guilty of a class one (1) misdemeanor.

58-34-10 The Commission shall afford a license applicant a hearing as provided

in Sections 58-27 and 58-28.

S.W.S.T. CODE.

~ Amendmenr

o New Adoption

Judiciaf Approved

58-29

ij-o~- g~

Council Adopted
Chapter 58

Subchapter 3

Licensing

58-35-01 Management, security, and accounting personnel.

58-35-02 Any person or entity having management, security or accounting

responsibilities shall be required to have and display prominently, or

display upon request, an appropriate, valid and current Commission

gaming license issued pursuant to Section 58-34.

58-35-03 Management, whether tribally owned or under a management

contract, is responsible for ensuring that employee license applications

are submitted for both gaming and non-gaming licenses and that

employee applications are approved prior to the employees

commencement of employment.

58-35-04 Each person or entity having a direct financial interest in or

management responsibility for a management contract shall be

considered to have management responsibilities. Such persons or

entities include:

1. Each member of the board of directors and each officer of a

management contractor,

2. The ten persons who have the greatest direct or indirect

financial interests in a management contract and/or in an entity

that is a party to a management contract,

3. In the case of a corporation or other entity that is a party to or

has a financial interest in a management contract, each

shareholder who directly or indirectly owns ten percent or more

of the issued and outstanding stock of the corporation, or is

one of the ten (10) largest shareholders of such stock, alone or

in combination with another stockholder who is a spouse,

parent, child or sibling,

4. In the case of a trust that is a party or has a financial interest in

a management contract, each beneficiary or trustee,

S.w.s.T. CODE

5. In the case of a partnership that is a party to or has a financial

~ Ar~ndm~ interest in a management contract, each partner,

tJ New Adoption

Judicial APPTjved

58-30

Counc~ Adopted

ll~L~
Chapter 58

Subchapter 3

Licensing

6. In the case of an entity, other than a natural person, that has

an interest in a trust, partnership or corporation that has an

interest in a management contract, all parties of that entity, and

7. Any other person, designated by the Commission, with a direct

or indirect financial interest in a management contract.

58-35-05 The Commission shall fine, revoke, suspend, limit or refuse to renew

the license of any person or entity having management responsibilities

at a tribal gaming operation upon a determination that such person or

entity failed to notify the Commission of any new prospective

employee, agent or contractor who, upon employment, is to have

access to cash, tokens or chips, machine components or other gaming

supplies or who is to have management, security, or accounting

responsibilities.

58-35-06 The Commission shall fine, revoke, suspend, limit or refuse to renew

the license of any person or entity having management responsibilities

at a tribal gaming operation upon a determination that such person or

entity failed to notify the Commission of any proposed or actual

ancillary contractors who provide gaming-related supplies, services,

concessions, or property in connection with such Tribal gaming

operation, or failed to secure the approval of the Commission for the

employment of such contractor.

58-36-01 Gambling equipment distributors.

58-36-02 Any person, organization or entity selling, leasing, marketing or

otherwise distributing gambling equipment, games or implements for

gambling to the Tribes gaming operations shall be required to have

and present upon request an appropriate valid tribal business and

Commission license to do business at or with the Tribes gaming

operations.

58-36-03 Any person, organization or entity required to secure a license under

Section 58-36-02 in order to conduct business at the Tribes gaming

operations must apply at the Commissions licensing office or with a

s.w.s.T. CODE Commission delegated representative for the appropriate license prior

~ Amendment to conducting such business. The application shall be verified.

O New Adoption

Judicial Apprcsved

_________

58-31

Council Adopted

jL-O~~~~L
Chapter 58

Subchapter 3

Licensing

58-37-0 1 Minimum standards for inspection and approval of gambling devices

and other gaming equipment.

58-37-02 Prior to installation and use of a gambling device and other gaming

equipment, the Commission shall inspect, test and consider the

gambling device or other gaming equipment for approval. The

Commission shall not approve a gambling device or other gaming

equipment unless the tests or inspection conducted indicates that

such gambling device or other gaming equipment meets the minimum

standards established by the Commission consistent with any

applicable provisions of a class Ill gaming compact entered into

between the Tribe and the State of South Dakota or the Tribe and the

State of North Dakota.

58-37-03 The Commission may waive the inspection and testing requirements

of this Section for any gambling device whenever an identical

gambling device is currently approved for use by:

1. the South Dakota Commission of Gaming, or a gaming

regulatory body of the State of North Dakota, or

2. a gaming regulatory body of the states of Nevada, New Jersey,

or Iowa and the test results from such jurisdictions show that

the gambling device meets the standards established pursuant

to Section 58-37-02. The test results indicating that the device

complies with the applicable standards must be submitted to

the Commission and the manufacturer of the gambling device

must certify to the Commission and, if required by a class Ill

gaming compact entered into between the Tribe and a State, to

the State of South Dakota or the State of North Dakota, as

appropriate, that each gambling device to be shipped complies

in all respects with such standards.

58-37-04 The Commission may require a prototype or sample of any model of

gambling device or other gaming equipment used in the Tribes

gaming operations to be placed and retained in its custody as a

control for comparison purposes.

S.W.S.T. CODE

~ Amendment

O New AdoptiorT

Judicial Appruved 58-32

Council Adopted
Chapter 58

Subchapter 3

Licensing

58-37-05 Any evidence that gambling devices or other gaming equipment used

in the Tribes gaming operations has been tampered with or altered in

any way that would affect the integrity, fairness, honesty or suitability

of the device or equipment shall be reported to the Commission.

58-37-06 The distributor or manufacturer license application of any person or

entity entering into such lease or sales agreement shall contain, at a

minimum, the following information about the applicant and the

machines:

1. Name and address of the applicant with proof of a current and

valid distributor or manufacturer license issued by the Tribe and

by either the State of Iowa, Mississippi, New Jersey, Nevada,

South Dakota or North Dakota;

2. Identification numbers or codes for each slot machine or video

game of chance placed in the Tribes gaming operations,

including the manufacturer, the serial number and the model

number; and

3. Proof that the slot machine or video game of chance is

currently approved for use by the South Dakota Commission on

Gaming or by a gaming regulatory agency of the State of North

Dakota; or proof that the slot machine or video game of chance

has been tested and approved by a gaming regulatory body of

the States of Iowa, Mississippi, New Jersey, or Nevada, and

that such test shows that the machine meets the standards set

forth in a gaming compact between the Tribe and the State of

South Dakota or the Tribe and the State of North Dakota; or

proof of approval and certification by an approved gaming test

laboratory that the slot machine or video game of chance or a

prototype thereof meets the standards set forth in a gaming

compact between the Tribe and the State of South Dakota or

the Tribe and the State of North Dakota or such standards as

may be required by the Commission.

~.wS.T. CODE

~ Amendment

D New AdoptiOll

Judicia Approved

Council Adopted
Chapter 58

Subchapter 3

Licensing

58-38-01 License eligibility requirements.

58-38-02 The Commission shall not issue a license to any person or entity that

has refused to sign the waiver of confidentiality required under

Section 58-40-02.

58-38-03 In order to be eligible for a license to be employed at a tribal gaming

operation, applicants must:

1. In South Dakota, be at least eighteen (18) years old at the time

of their employment and licensure at a tribal class Ill gaming

operation not serving liquor and be at least twenty-one (21) at a

tribal gaming operation serving liquor;

2. In North Dakota, be at least eighteen (18) years old at the time

of their employment and licensure;

3. Be of good repute and moral character;

4. Not have been denied a gaming license by the Tribe, the State

of South Dakota or the State of North Dakota or any other

gaming licensing jurisdiction, or currently have a gaming license

which has been suspended by the Tribe, the State of South

Dakota or the State of North Dakota or any other gaming

licensing jurisdiction, or have had a gaming license revoked by

the Tribe, the State of South Dakota or the State of North

Dakota or any other gaming licensing jurisdiction;

5. Not be employed in any part-time or full-time employment with

a government or private employer in any capacity which would

create a conflict of interest between the applicants

employment and the interests and objectives of the licensed

employment;

6. Not be ineligible for a license under Sections 58-38-02 or 58-

38-04;

~.wS.T. CODE

Amendment

Q New Adoption

Jud~ciat Approved

5 -

4

~L~2L~

CouncU Adopted
Chapter 58

Subchapter 3

Licensing

7. Not be a current user of alcohol or drugs, including legal drugs,

or other chemicals in an abusive manner or a current user of

any illegal drugs or chemicals.

58-38-04 The Commission may find an applicant ineligible for a license and

deny, suspend, or revoke the license of any applicant who has pled

guilty to or has been convicted of any of the offenses listed below.

1. Offenses related to bookkeeping; or

2. Offenses related to gambling; or

3. Offenses related to cheating, theft, or to any fraud or deception

while participating in gaming activities or otherwise; or

4. Offenses related to the use of an alias; or

5. Offenses that are felonies and are illicit drug related; or

6. Offenses that are a Class (1) misdemeanor.

58-38-05 If a conviction occurred within the last five (5) years, the license shall

be denied. If conviction occurred within the last ten (10) years, a

license may be issued if the Commission determines that sufficient

evidence of rehabilitation exists.

58-38-06 No gaming license for a key employee or primary management official

to do business at or with the Tribes gaming operation shall be issued

by the Commission until after the National Indian Gaming Commission

has provided the Tribe with:

1. A notice that it has no objection to the issuance of a license to

such key employee or primary management official, or

2. A statement itemizing objections to the issuance of a license to

such key employee or primary management official and the

Commission has reconsidered such persons application taking

such objections into account.

S. ~V. S. 1. CODL

~ Amendment

D Ne.; Adoptiwi

Judicial Approved 58-35

Council Adopted
Chapter 58

Subchapter 3

Licensing

58-39-01 Temporary employment without a license.

58-39-02 Any person required to be licensed under Sections 58-33 and 58-34

may be employed by the Tribes gaming operation without such

licensure for a period not to exceed ninety (90) days, except that in

the case of any person who is not a key employee or primary

management official, the Commission may approve up to an additional

thirty (30) days of employment if the completion of the background

investigation is pending at the expiration of the ninety (90) day period,

provided that prior to the commencement of employment each such

person has completed and submitted to the Commission the license

application required under this Ordinance.

58-39-03 Whenever the gaming operation approves the employment of a key

employee or primary management official under Section 5 8-39-02, no

later than the first day that such person commences employment, the

gaming operation shaH forward such persons completed license

application to the National Indian Gaming Commission.

58-39-04 Whenever the gaming operation approves the employment of a key

employee or primary management official under Section 58-39-02, no

later than the first day that such person commenced employment, the

Commission shall begin to conduct the background investigation

required by Section 58-45-02 to determine the eligibility of such

person for continued employment in the gaming operation. Within

sixty (60) days after a key employee or primary management official

commences employment without a license, the Commission shall

forwardto the National Indian Gaming Commission the investigative

report required by Section 58-45-04.

58-39-05 Except as otherwise provided in Section 58-39-02, the employment of

any person required to have a license under Sections 58-33 and 58-

34 shall automatically terminate if such person is not licensed 90 days

following the commencement of employment.

58-39-06 It shall be unlawful for any licensed gaming operation to fail to notify

the Commission of any new prospective employee, new contractor, or

new primary management official. The Commission shall conduct a

background investigation and provide license approval or disapproval

prior to the permanent employment of all new employees, contractors

~mendme~~~ or primary management officials. Any information received by the

Commission shall be confidential. New Adopt 0

d a~ ~pp~OVe

~JJ~nL~–L 58-36

c ~ncil Adopted
Chapter 58

Subchapter 3

Licensing

58-40-01 License application requirements.

58-40-02 Each license application shall include a waiver of any right of

confidentiality and shall allow access to law enforcement and

regulatory agency records of the United States, any state, any tribe,

and any foreign government, extend to any financial or personnel

record wherever maintained, and authorize the Commission to obtain

information from other state and tribal gaming jurisdictions regarding

license or permit applications or disciplinary actions, or conduct of the

applicant or any of its shareholders, partners, agents, or employees in

those jurisdictions. The waiver shall also authorize the Tribe to

disclose any of the information contained in the application to

appropriate federal, tribal, state or foreign law enforcement and

regulatory agencies in connection with a background investigation or

when relevant to civil criminal or regulatory investigations or

prosecutions or investigations of activities associated with a gaming

operation.

58-40-03 Suppoti Gaming License application. A license application of any

natural person required to have a license in order to qualify for

employment at a tribal gaming operation shall contain, at a minimum,

the following information about the license applicant:

1. Full name, including other names used (oral or written);

2. Date and birth and plac.e of birth;

3. Social security number(s);

4. Citizenship(s), including tribal affiliation(s);

5. Gender;

6. All languages (spoken or written);

7. Marital status;

8. Physical description;

~C,qCt

~ ~i~dment

~ew Adoption

Judiciat Approved -

1L~~2~L~

Council Adopted
Chapter 58

Subchapter 3

Licensing

9. Residence(s) addresses for the previous ten (10) years including

the city and state;

10. Drivers license numbers for the previous ten (10) years;

11. Employment history for the previous five (5) years;

12. Current business and residence address and telephone numbers;

13. Criminal history for the previous ten (10) years, including major

traffic offenses, and including the date and place of any felony

or misdemeanor (excluding minor traffic violations) arrest, the

charge, details surrounding any arrest or charges, the name and

address of the court involved, the disposition of any charges

filed and the date of any prosecution and disposition;

14. 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 on the application.

1 5. A current photograph and two (2) sets of fingerprints. One set

of fingerprints will be on form(s) commonly used by the Federal

Bureau of Investigation; the second set will use the appropriate

State form(s).

1 6. A urine sample verified by a Commission appointed testing

agent under the rules and regulations relating to employee drug

testing. The testing is done prior to hire and during the time of

employment as prescribed in Commission rules and regulations.

17. Business and employment positions held, ownership interests in

those business, and business addresses, including business

addresses for the previous ten (10) years; a description of any

existing and previous business relationships with Indian tribes,

including ownership interests in those businesses.

~, sj. ~

Amenument

New Adoption

;udcal Approved

_________

58-38

Council Adopted

,-
Chapter 58

Subchapter 3

Licensing

18. Whether the applicant has ever held or applied for a

professional or occupational license or permit issued by any

state, Indian tribe or any other jurisdiction, the jurisdiction in

which the license or permit was issued or applied for, the name

and address of any licensing or regulatory agency with which

the application for an occupational license or permit was filed,

the type of license or permit, the license or permit number, and

the details surrounding any denial of the license or permit or the

withdrawal of the application therefor, the details surrounding

any suspension, revocation, or other disciplinary action taken

based on the license or permit, and if not current, the reason it

is not current;

19. Whether the applicant has ever held or applied for a gambling

related license or permit issued by any state, Indian tribe or any

other jurisdiction, the jurisdiction in which the license or permit

was issued or applied for, the name and address of any

licensing or regulatory agency with which the application for a

license or permit related to gaming was filed, the type of license

or permit, the license or permit number, the details surrounding

any denial of the license or permit or the withdrawal of the

application therefor, the details surrounding any suspension,

revocation, or other disciplinary action taken based on the

license or permit, and if not current, the reason it is not current;

20. Other information required by the Commission in order. to

complete a background investigation of the applicant.

58-40-04

~ sr. cooa

~ Amendmer4

E New Adopti~

Judicial Approved

IL-07 -

Council Adopted

Management Contractor, Primary Management Official and Key

Employee License appilcation. In addition to the information required

for a support gaming license, the management contractor license

application of any natural person, the primary management official

license application, and the key employee license application shall

include the following:

1. Whether the applicant has ever been an investor in any gaming

operation, the exact nature of the investment, the name and

address of all other investors holding (directly or indirectly) an

interest of ten (10) percent or more in the gaming operation,

and the name and address of the gaming operation;

58-39
Chapter 58

Subchapter 3

Licensing

2. Whether the applicant has ever had any experience related to

any agreement with any gaming operation, the exact nature of

the applicants role in the operation, the name and address of

all parties to the agreement, the place the agreement was

performed, and the dates covered by the agreement; and

3. A complete financial statement showing all sources of income

for the previous three (3) years, and including assets, liabilities

and net worth as of the date Of submission of the license

application.

58-40-05 For the purpose of Section 58-40-04, primary management official

includes each member of the board of directors and each officer of a

management contractor.

58-40-06 Management contractor license application. In addition to the

applicable information required under Sections 58-40-03 and 58-40

04, where the applicant for a management contract is an entity, the

application shall include the following:

1. Applicants name and address;

2. Name and address of applicants parent company, if any;

3. Names and addresses of each person comprising such entity or

parent entity who has a direct financial interest in, or

management responsibility for, the management contract. For

each such person, the application shall include the information

required under Section 58-40-03;

4. Names and addresses of each director, officer, stockholders

who hold (directly or indirectly) 10 percent or more of the

issued and outstanding stock, and other owners who hold

(directly or indirectly) 10 percent or more of the ownership

interest in such applicant entity and in the applicants parent

company, if any, including the beneficiary or trustee of any

trust and any partner. For each such person, the application

shall include the information required under Section 58-40-03;

w Sr. CODE 5. Whether the applicant has ever failed to meet a monetary

~ Amendmer~ obligation in connection with any gambling enterprise;

N~i~. .Ad~ptjo~

~dc:at Approved

1–L~2~S~L. 58-40

C~unç~I Adopred
Chapter 58

Subchapter 3

Licensing

6. Name and address of all proposed or actual ancillary contractors

who provide supplies, services, concessions, or property to the

Tribes gaming operations or to the management contractor in

connection therewith. If the identity of any such contractor is

not known at the time the application is submitted, the

management contractor shall have a continuing duty throughout

the term of any management contract to provide this

information to the Commission;

7. A description of any existing and previous business

relationships with Indian tribes, including ownership interests in

those businesses;

8. A description of any existing and previous business

relationships with the gaming industry generally, including

ownership interests in those businesses;

9. Criminal history including the date and place of any felony or

misdemeanor charge, details surrounding any arrest or charges,

the name and address of the court involved, the disposition of

any charges filed and the date of disposition;

1 0. Whether the entity has ever held or applied for a gambling

related license or permit issued by any state, Indian tribe or any

other jurisdiction, the jurisdiction in which the license or permit

was issued or applied for, the name and address of any

licensing or regulatory agency with which the application for a

license or permit related to gaming was filed, the type of license

or permit, the license or permit number, the details surrounding

any denial of the license or permit or the withdrawal of the

application therefor, the details surrounding any suspension,

revocation, or other disciplinary action taken based on the

license or permit, and if not current, the reason it is not current;

11. Copies of documents establishing the existence of the entity,

such as the partnership agreement, the trust agreement, or the

articles of incorporation;

1 2. Copies of documents designating the person who is charged

~.wS.T. CODE with acting on behalf of the entity;

j~ Amendment

fl~NEW Adoption

judic~af ,oproved

~~~flCl Ajopted

58-41

2iJ212~
Chapter 58

Subchapter 3

Licensing

13. Copies of bylaws orother documents that provide the day-to

day operating rules for the organization;

14. Complete financial statements showing all sources of income

for the previous three (3) fiscal years, and including assets,

liabilities, and net worth as of the date of submission; and

15. Submission of the following executed statement:

A false statement knowingly and willfully

provided in any of the information pursuant

to this section may be grounds for not

approving the contract in which we have a

financial interest, or for disapproving or

voiding such contract after it is approved by

the Chairman of the National Indian Gaming

Commission. Also, we may be punished by

fine or imprisonment under U.S. Code, Title

18, § 1001 and applicable provisions of the

Codes of Laws of the Tribe.

58-40-07 Non-management Gaming Contractor License application. The license

application of any person, organization or entity for a license to sell,

lease, market or otherwise distribute gambling devices, equipment,

games, implements, services (other than professional legal or

accounting), products, or supplies to the Tribes gaming operations

shall contain, at a minimum, the foflowing information about the

applicant:

1. Name(s) and mailing address of the person or entity making the

application;

2. Names and addresses of all parties having a direct or indirect

financial interest in or with respect to the applicant and their

interest in and connection to the applicant;

3. Type of activity to be engaged in under the license;

S. VI. S. 1. CV~

Ameidment

E Ne~. /~do~t~o

Jud~c:~I ipproved 5 8-42

JI-O7-g~J

Coun~ ~opted

.LL-O8 -2~!
Chapter 58

Subchapter 3

Licensing

4. Explicit and detailed disclosure of any criminal record and any

delinquent taxes owed to the federal or any state government

by the applicant, any person holding a managerial position or

ownership interest in the applicant organization, and any party

in interest whose name appears on the application;

5. Whether the applicant is licensed by any Indian tribe, the State

of South Dakota, the State of North Dakota or any other State

to sell, lease or otherwise distribute gambling equipment

together with proof that the applicant holds a current and valid

distributor or manufacturer license from either the State of

Iowa, New Jersey, Nevada, South Dakota, or North Dakota;

6. Whether the applicant has ever had a distributor or

manufacturer license revoked or suspended by an Indian tribe or

by the state that issued the license and, if so. the

circumstances surrounding the Indian tribes or states action;

and

7. A waiver of confidentiality authorizing the Commission and/or

the State of South Dakota or the State of North Dakota to

conduct a background investigation of the applicant and any

person whose name is required to appear on the application.

58-40-08 Each entity required to submit information under Section 58-40-06

and 58-40-07 shall sign and submit the following statement:

I understand that a false statement knowingly and

willfully made in any of the information submitted

to the Commission pursuant to this Section may be

grounds for not approving any contract in which

the Sisseton-Wahpeton Sioux Tribe, also known as

the Sisseton-Wahpeton Dakota Nation, has a

financial interest, or for disapproving or voiding

such contract after it is approved by the Chairman

Ln~me~t of the National Indian Gaming Commission. I also

understand

that such false statements may be ~ ~w A~opt~Ofl

d~-i Approved punished by fine or imprisonment under U.S. Code, Ju ~

Title 18, § 1001 arid applicable provisions of the

Tribes Codes of Laws.

ConC~I Adopted

LLL~ii~

58-43
Chapter 58

Subchapter 3

Licensing

58-41-01 Licensing of distributors and manufacturers; management contractor

ineligible; suspension; revocation.

58-41-02 A manufacturer or distributor of gambling devices, games, implements

of gambling or gambling equipment shall annually apply for a license

upon a form prescribed by the Commission and shall submit the

appropriate license fees.

58-41-03 A management contractor or any person or entity licensed for

employment in the Tribes gaming operations shall not be a

manufacturer or distributor of gambling games, implements of

gambling or gambling equipment.

58-41-04 The Commission shall suspend, revoke or refuse to renew the license

of any manufacturer or distributor of gambling games, implements of

gambling, or gambling equipment if the State of South Dakota or the

State of North Dakota or any other state gaming jurisdiction has

suspended, revoked or refused to renew the similar license of such

manUfacturer or distributor.

58-41-05 The Commission, in its discretion, may waive the background

investigation requirements if the applicant presents proof and the

Commission verifies that the applicant holds a current and valid

distributor or manufacturer license from either the States of Iowa,

Mississippi, New Jersey, Nevada, South Dakota, or North Dakota,

provided that such applicant is not the subject of any investigation or

other action that could result in the suspension or revocation of such

license.

58-41-06 The Commission shall afford any license applicant a hearing as

provided in Sections 58-27 and 58-28.

58-42-01 Gambling equipment and games acquisition; distributors notice.

58-42-02 A licensed class II or class III gaming operation shall acquire all

gambling equipment, games or implements of gambling from a

manufacturer or distributor licensed pursuant to this Ordinance.

58-42-03 Prior to delivery to a gaming operation licensed under this Ordinance,

the manufacturer or distributor shall provide the Commission with a

~ ST. CO~)L copy of the invoice showing the items shipped and a copy of the bill

Ame~drnent of lading.

ri New Ajoption

Jud~craI Approved 58 44

~~nc;I Adapted
Chapter 58

Subchapter 3

Licensing

58-43-01 Privacy Act and false statements notices.

58-43-02 In compliance with the Privacy Act of 1974, license applications shall

contain the following notice:

1. 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.

2. The information will be used by the Nationa Indian Gaming

Commission members and staff who have need for the

information in the performance of their official duties. The

~~si CODE . .

An~rne~

information may be disclosed to appropriate Federal, Tribal,

State, local or foreign law enforcement and regulatory agencies

.~ ~2~J~d when relevant to civil, criminal or regulatory investigations or

JuthC2 prosecutions or when pursuant to a requirement by a tribe or

the National indian Gaming Commission in connection with the

Coun~ hiring or 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.

3. Failure to consent to the disclosures indicated in this notice will

result in the Tribe or another tribe being unable to hire you in a

primary management official or key employee position.

4. This disclosure of your Social Security Number (SSN) is

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

errors in processing your application.

58-43-03 Notice regarding false statements. License applications shall state:

A false statement knowingly and willfully made 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

under U.S. Code, Title 18, § 1001 and applicable provisions of the

Tribes Codes of Laws.

58-45
Chapter 58

Subchapter 3

Licensing

58-43-04 The Commission shall notify in writing all existing key employees and

primary management officials whose license applications did not

include the privacy notice required under Section 58-43-02 that each

such employee or official shall sign a statement that contains the

Privacy Act notice and that consents to the routine uses described in

that notice.

58-43-05 The Commission shall notify in writing all existing key employees and

primary management officials whose license applications did not

include the notice regarding false license application statements that

each such employee or official shall sign a statement acknowledging

the notice regarding false statements.

58-44-01 License application fees.

58-44-02 The Commission shall set a fee to defray the costs associated with

application processing, the search and classification of fingerprints

and background investigations. The Commission shall not authorize

the search and classification of fingerprints or begin any background

investigation until it receives a deposit from the license applicant to

cover the initial costs of the background investigation, including the

search and classification of fingerprints.

58-44-03 The fees may be periodically adjusted for each application to assure

that the administrative and other costs of reviewing and investigating

each application are covered by the license applicant. The license

applicant shall be billed for the costs of the investigation as it

proceeds. The investigation shall be stopped if the unpaid costs

exceed the amount of the deposit available. All such fees shall be

made payable to the Commission.

58-44-04 In the event that any fees paid by the license applicant exceeds the

costs of application processing and the background investigation, that

remainder will be refunded to the applicant.

i_i N~w A~~tO~

j~~ai AocrC~Cd

58-46

CounC~ Acopted
Chapter 58

Subchapter 3

Licensing

58-45-01 Commission background investigation; federal notification

waiver of background investigation.

of results;

58-45-02

58-45-03

58-45-04

58-45-05

~.wS.T. Cfl~)L

Amen~.~e~1t

New Adoot:2r

Ju~ic~ r.rrovcd

LL~L~

COLOCd Adopted

ILOi--~

Upon receipt of an application for a license to conduct business at or

with the Tribes gaming operations as an employee, agent or

contractor, the Commission, prior to the issuance of any license, shall

cause a thorough background investigation to be conducted on the

applicant suited to the type of license application. The Commission

will verify the truthfulness of the information provided by the

applicant and ensure that persons and entities licensed by the

Commission are eligible for licensure.

Background investigations may be conducted by Commission

investigative or legal staff, the Federal Bureau of Investigation, by the

Division of Criminal Investigation of either the State of South Dakota

or the State of North Dakota or by another agency qualified to

perform such investigation. The background investigation shall

include a criminal history check by a law enforcement agency

conducted, at a minimum, by submitting the license applicants

fingerprints, taken by or under the supervision of the Sisseton

Wahpeton Sioux Tribe Police Department, to the Federal Bureau of

investigation for a check of its criminal history records and by

checking all other available non-duplicate criminal history data base

archives or files.

In conducting a background investigation, the identity of each person

interviewed in the course of the investigation shall be kept

confidential. Upon completion of any background investigation and

before the issuance of a license to any employee, agent or contractor,

the Commission shall forward to the National Indian Gaming

Commission an investigative report on each background investigation,

including the steps taken in conducting the background investigation,

the results of the investigation, the conclusions reached and the bases

for those conclusions, and whether the license applicant was found

eligible for licensure and employment in the Tribes gaming operation.

The Commission shall also submit management contractor background

investigation results to the State of South Dakota or the State of

North Dakota in accordance with the applicable provisions of any

class Ill gaming compact entered into between the Tribe and either

State.

58-47
Chapter 58

Subchapter 3

Licensing

58-45-06 The Commission may waive any background investigation or specific

information required to be submitted by a license applicant whenever

the Federal Bureau of Investigation, a criminal investigation agency of

the State of South Dakota, or the State of North Dakota, or another

agency qualified to perform such an investigation has completed a

background investigation on the license applicant, within the one year

preceding the date of the application, for and on behalf of:

1. a gaming regulatory body of either the State of South Dakota or

the State of North Dakota, or

2. a gaming regulatory body of the States of Iowa, Mississippi,

Nevada, or New Jersey,

and the results of such background investigation have been provided

to the Commission in sufficient detail to assure that the applicant is

eligible for licensure. Whenever a full background investigation is

waived under this paragraph, the Commission may require that a

background investigation be conducted to update and make current

the background investigation report received from another gaming

jurisdiction.

58-46-0 1 Classes of licenses and fees.

58-46-02 Upon proper application and approval, the Commission shall issue in a

timely fashion appropriate licenses, as specified in Sections 58-46-03

to 58-46-09 and 5 8-46-1 1, for the Tribes gaming operations.

Licenses shall be for specific positions, locations of employment, or

for locations in which to operate or conduct business. Licensees

desiring: to operate or conduct business or be employed in multiple

locations, if any, shall be required to obtain multiple licenses.

Licensees shall operate and conduct only those activities authorized

under each license.

58-46-03 C/ass A Operation License. A Class A operation license may be issued

to a Sisseton-Wahpeton Sioux Tribal entity for the privilege of

CODE conducting class II and class Ill gaming in a specific location within

;~rnen~ment the original exterior boundaries of the Lake Traverse Reservation.

~ New Adoptiofl

Jud;c~iI Approved

I/O 58-48

Council Adopted

I1-~- ~L
Chapter 58

Subchapter 3

Licensing

58-46-04

58-46-05

58-46-06

58-46-07

58-46-08

S.W.ST. CODE

;~ ~rneridrnent

fl New Adortior.

Jud~c~& ,~pproved

/-g~

Co~ic:! Ad~p~ed

t/-/)S~ -~/

C/ass B Operation License. A Class B operation license may be issued

to any applying Sisseton-Wahpeton Sioux Indian group organized for

social and/or charitable purposes at a rate of Ten Dollars ($10.00) for

the privilege of conducting specified class II games during a

designated calendar month or as specified at the time of licensure.

Management Contractor License. A managemcnt contractor license

may be issued by the Commission after management contract

approval by the National Indian Gaming Commission. The holder of

such a license shall be entitled to manage and operate the Tribes

class II or class III gaming operations on Indian lands subject to an

approved management contract, ordinances and regulations of the

Tribe, and the federal regulations promulgated by the National Indian

Gaming Commission. Nothing in this section shall prohibit a

management contract to authorize a management contractor to

simultaneously manage and operate class Il and class III gaming

operations. The application fee for such a license shall be One

Hundred Fifty Thousand Dollars ($1 50,000.00) or as otherwise

provided pursuant to the terms of a management contract entered into

by the Tribe. The license shall be site specific and be valid for a

period of one year. Renewal fees will be set by the Commission in

published rules and regulations or as otherwise provided pursuant to

the terms of a management contract entered into by the Tribe.

Primary Management Official License. A primary management official

license may be issued by the Commission to any primary management

official. The license shall be valid for a period of one year in a

specified position and shall have a license fee of One Hundred Dollars

($100.00).

Key Employee License. A key employee license may be issued by the

Commission to any key employee. The license shall be valid for a

period of one year with a license fee of Fifty Dollars ($50.00).

Support Gaming License. A support gaming license may be issued by

the Commission to any person who seeks employment at a tribal

gaming operation who is not required to be licensed as a key

employee or primary management official. The license shall be valid

for a period of one year with a license fee of Twenty-five Dollars

($25.00).

58-49
Chapter 58

Subchapter 3

Licensing

58-46-09 Non-management Gaming Contractoa License. A non-management

gaming contractor license may be issued by the Commission to any

person, organization or entity for a license to sell, tease, market or

otherwise distribute gambling devices, equipment, games,

implements, services (other than professional legal or accounting),

products, or supplies to the Tribes gaming operations. The licenses

shall be valid for a period of one year and shall have a license fee Four

Hundred Dollars ($400.00).

58-46-10 License renewals. Every licensee intending to continue engaging in a

licensed gaming activity within the Lake Traverse Reservation during

the next calendar year following initial ticensure shalt apply for

renewal of the license at least thirty (30) days but no more than

ninety (90) days prior to the end of the previous license period.

58-46-1 1 Reserved Classes. All other classes of licenses are reserved for

approval and fee designation by the Tribal Council.

58-47-01 Exemptions for non-public gaming operations.

58-47-02 The following activities are not public gaming operations under the

terms of this Ordinance and, therefore, do not require a license under

this Subchapter:

1. Gaming not for Gain: Gaming in which no cash or valuable

prizes are won, other than points for cumulative ratings or

places for immediate competitive rankings, is not subject to

the provisions of this Ordinance. However, class II gaming for

gain conducted by a non-profit organization is subject to the

requirements of this Ordinance, including licensure by the

Commission, if cash or valuable prizes are awarded. Valuable

Prize means an object worth One Hundred Dollars ($100.00)

or more in fair market value.

2. Traditional Indian Gaming: Traditional Indian gaming activities,

in the nature of hand games, are not subject to the provisions

of this Ordinance. The Commission is hereby authorized to

~.w.S.T. CODE determine on a case-by-case basis, upon request, whether a

~ particular traditional gaming activity is exempt from regulation

under this Ordinance.

JudlC~2I ~pr,roied

JL~21~-

Counc~ Adooted 5 8-50
Chapter 58

Subchapter 3

Licensing

3. Annual Fund-Raising for Tribal Events: All persons or

organizations, who may seek to engage in class H public gaming

activities for the purpose of fund-raising to sponsor, for

example, tribal events, including but not limited to, the Annual

Tribal 4th of July Pow-wow, the Annual Tribal Christmas Party,

the April Pow-wow, and the Veterans Day Pow-wow, shall not

be required to be licensed under this Ordinance, provided that

no compensation or anything of value is paid to any person

engaged in the fund-raising activity or in the sponsorship of

such event.

58-47-03 A full final financial report to the Tribal Council and Commission shall

be made by the persons or organizations sponsoring an exempt tribal

event within fifteen (15) days following such exempt tribal event.

Non-reporting is a violation of this Ordinance and the Commission is

authorized to assess a maximum fine of $2,500.00 for such a

violation by any person or organization.

58-48-01 Operation license display and content.

58-48-02 Every Class A Operation License shall be displayed in a prominent

place as evidence of a current and valid Commission license for that

location. A Class B Operation License must be immediately available

during the conduct of such licensed activity.

58-48-03 License certificates suitable for mounting and presentation will bear

Commission tribal identification, official name of the licensed facility,

state the class of licensure with specific class of gaming operation

authorized, the effective date, location of the licensed activity,

Commission member signature, and gold appearing notary seal affixed

with the Commission seal imprinted over it.

58-49-01 License certificate display and content.

58-49-02 A license certificate suitable for mounting or presentation to

management contractors, primary management officials, or licensed

contractors will bear Commission tribal identification, official name of

the licensed facility, state the class of licensure, the effective date,

location of the licensed activity, Commission member signature, and

gold appearing notary seal affixed with the Commission seal imprinted (r~ ~W.S. ~u.J~- over it.

Amendment

fl Ne.v AdoPt~afl

Ju~ Aporove~

58-51

Counci Adopted
Chapter 58

Subchapter 3

Licensing

58-50-01 Corrected licenses.

58-50-02 Corrected licenses are required upon change of location of public

gaming for a Class A or Class B license, upon changing tribal gaming

employer, an official name change of an employee, or upon

verification of administrative error. During a license period, fees for

corrected licenses are limited to the cost of generating a new license

certificate or tag.

58-51-01 License wear and content.

58-51-02 Employee licenses must be worn as part of a uniform or business

attire with front side bearing the employee number clearly visible

during that employees working or shift hours.

58-51-03 Contractor licenses may be required for presentation upon demand or

as stated in Commission rules or regulations. A maximum number of

ten (10) license certificates suitable for wear will be issued to licensed

non-management contractors without restriction or extra charge.

58-51-04 The front of each employee license suitable for wear shall bear a

Commission seal over the Tribes identification and the facility or

location for which licensed activities are authorized, a single

identifying name of choice of the licensee, four digit employee

number, and a picture bearing the licensees likeness.

58-51-05 The back of each employee license suitable for wear shall bear a full

typewritten name, social security number, Commission member title,

signature, and date signed, and the license period stating the effective

date and expiration date of the license.

58-51-06 The front of each contractor license suitable for wear shall bear a

Commission seal over the Tribes identification, state the class of

license issued, a four digit employer number, and the abbreviated or

common name and place of business of the person or entity licensed,

the date of issue, and Commission member title, signature and date

signed.

Amen~r.i~flt

E N~,w A~option

Judic~aI ADproved

JJ~A7-~1 58-52

Ccuncil Adopted
Chapter 58

Subchapter 3

Licensing

58-51 -07

58-52-01

58-52-02

58-53-01

58-53-02

58-54-01

58-54-02

~CODE.

~ ~mendm~t

?fr~ ~~optiOfl

~~ved

~OuflC~ adopted

The back of each contractor license suitable for wear shall bear a full

entity and primary owner(s) name, social security number, show the

facility or facilities authorized by the Commission to be serviced by

the licensee, and the license period stating the effective date and

expiration date of the license.

Legal effect of licensure.

Any person or entity who accepts a license or the renewal thereof

pursuant to the provisions of this Ordinance shall be deemed to have

agreed to be bound by the provisions of this Ordinance, any rules and

regulations issued in accordance therewith, the provisions of any class

Ill gaming compact entered into between the Tribe and the State of

South Dakota or the Tribe and the State of North Dakota, and any

amendments to such Ordinance, rules or regulations and compact. It

is the responsibility of the licensee to be informed regarding the

provisions of this Ordinance, the rules and regulations issued pursuant

thereto and any class Ill gaming compact entered into between the

Tribe and the State of South Dakota or the Tribe and the State of

North Dakota. Ignorance of such provisions will not excuse violations.

Licensee consent to search.

Each licensee shall be required to execute a consent authorizing the

employees or agents of the Commission to search without a warrant

the licensees person, personal property and effects, and premises

located within a tribal gaming operation or adjacent facilities to

inspect for or investigate violations of this Ordinance, the rules or

regulations adopted by the Commission, or other laws of the Tribe.

License non-transferable.

Any license issued by the Commission authorizing any person,

organization, or entity to conduct business at the Tribes gaming

operations shall be non-transferable and shall prohibit the licensee

from transferring, subcontracting, or assigning to any other person,

organization or entity any of its rights or duties relating to the license

either directly or indirectly or, in the case of a management

contractor, any ownership interest in the management contract.

58-53
Chapter 58

Subchapter 3

Licensing

58-55-01 License as revocable privilege.

58-55-02 Any license issued by the Commission to any person, organization or

entity for the conduct of business at a tribal gaming operation is a

revocable privilege. No holder thereof shall be deemed to have a part

in any vested rights therein or thereunder. The burden or proving that

a person, organization or entity is qualified to hold any license issued

by the Commission rests at all times with the licensees. The

Commission is responsible for assuring that licenses are not held by

unqualified or disqualified persons or by any qualified person or

persons whose operations are conducted in an unsuitable manner.

58-56-01 Notice to National Indian Gaming Commission of license issuance or

non-issuance; transmittal of primary management official and key

employee license application to National Indian Gaming Commission.

58-56-02 The Commission shall notify the National Indian Gaming Commission

of the issuance of any management contract license, primary

management official license, and key employee license to any person,

organization or entity to conduct business at any tribal gaming

operation.

58-56-03 Whenever the Commission does not license a licensed applicant, the

Commission shall notify the National Indian Gaming Commission of

such action. If the non-issuance of a license is based on a

determination that the license applicant is ineligible for licensure, the

Commission shall forward copies of its eligibility determination and

investigative report, if any, to the National Indian Gaming Commission

for inclusion in the Indian Gaming Individuals Record System.

58-56-04 Whenever the Tribe employs a primary management official or a key

employee, the Commission shall forward to the National Indian

Gaming Commission a copy of such officials or employees complete

license application.

~ ST. CODE

~ ~rn~ndrnent

Ti New Adoption

Judcai Approved 58-54

C~unc~ Adopted

~9~L
Chapter 58

Subchapter 4

Management Contracts

58-57-01 Management contract contents; approval.

58-57-02 The Tribal Council may approve and, on behalf of the Tribe, enter into

any management contract if it determines that such contract provides

at least for compliance with this Ordinance and the Indian Gaming

Regulatory Act in the conduct of all gaming covered by the contract.

58-57-03 The contract term will not exceed five (5) years, provided that the

Tribal Council may request the National Indian Gaming Commission to

authorize a contract term that exceeds five (5) years but does not

exceed seven (7) years if the Council determines that the capital

investment required, and the income projections, for the particular

gaming operation require the additional time, and provided further that

the term of the management contract begins running no later than the

beginning date of the gaming activities authorized by an approved

management contract. Such contract shall not be effective unless

and until it is approved by the Chairman of the National Indian Gaming

Commission, the date of signature of the Tribe and the management

contractor notwithstanding.

58-57-04 The contract terms must:

1. Provide for grounds and a mechanism to modify or terminate

such contract;

2. State the mechanisms for resolving disputes between the

management contractor and customers consistent with the

procedures in Section 58-04-04 of this Ordinance and between

the management contractor and the Tribe or its gaming

operation employees;

3. Provide preference to members of the Tribe in the hiring of

employees for the gaming operation;

4. Detail the method of compensation and reimbursement of the

management contractor;

S. VI S. 1. CODL

~ /~rnendrnent

El New AdaDtiOfl

Judic~aI Approved 58 55

4~c7~gz -

Cot.~ncif Adopted

~,LL439J
Chapter 58

Subchapter 4

Management Contracts

5. Assure that any fee based upon a percentage of the net

revenues of the Tribal gaming activity is reasonable in light of

surrounding circumstances and, in no event shall exceed 30

percent of the net revenues, provided that the Tribal Council

may request the National Indian Gaming Commission to approve

a fee not to exceed 40 percent of the net revenues if the

Council determines that the capital investment required, and the

income projections, for such tribal gaming operation require the

additional fee;

6. State that the management contractor cannot transfer,

subcontract or assign any of its rights and duties under the

contract or, without advance approval of the Tribe, any

ownership interest in the contract;

7. Provide that the service of any official determination, order, or

notice of violation by the Commission shall be made upon the

same agent designated by the management contractor for

service of any official determination, order, or notice of violation

issued by the National Indian Gaming Commission;

8. Assure that no interest in land or other real property is

transferred or conveyed unless specific statutory authority

exists and unless clearly specified in writing in the contract;

9. Include a representation that the contract is the entirety of the

agreement between the Tribe and the management contractor;

10. Provide for verifiable financial reports, that are prepared by or

for the Tribal Council on a monthly basis, or for the contractor

to provide the Tribe with all information necessary to prepare

such reports whenever the contractor is responsible for the

preparation of such reports or for maintaining such information

as may be necessary to prepare such reports;

11. Allow for immediate access to the daily operations of the

gaming operation, including its books and records whenever

these are maintained by the contractor, by the Commission and

other appropriate tribal officials who shall also have the right to

verify the daily gross revenues and income from any tribal

gaming activity and access to any other gaming facility-related ~ ~ndment .

~r information the Tribe deems appropriate; ~ 1-~c,~ton

Jud:ca~ Approved

_________

58-56

Coun~i Adopted
Chapter 58

Subchapter 4

Management Contracts

58-57-05

.j. COOS

~:< .~ccidmeflt

~:~ ~dOPt~0~

p~ppcoved

~~ted

12. For a minimum monthly guaranteed payment to the Tribe in a

sum certain that has preference over the retirement of

development and construction costs;

13. For an agreed upon maximum dollar amount for the recoupment

of development and construction costs.

A management contract must enumerate the responsibilities of each

of the parties for each identifiable function, including:

1. Maintaining and improving the gaming facility;

2. Providing operating capital;

3. Establishing operating days and hours;

4. Hiring, firing, training and promoting employees;

5. Maintaining the gaming operations books and records;

6. Preparing the gaming operations financial statements and

reports;

7. Paying for the services of the independent auditor engaged;

8. Hiring and supervising security personnel;

9. Providing fire protection services;

10. Setting the advertising budget and placing advertising;

11. Paying bills and expenses;

12. Establishing and administering employment practices;

1 3. Obtaining and maintaining insurance coverage, including

coverage of public liability and property loss or damage;

58-5 7
Chapter 58

Subchapter 4

Management Contracts

14. Complying with all applicable provisions of the Internal Revenue

Code;

1 5. Paying the cost of any increased public safety services;

16. If applicable, supplying the National Indian Gaming Commission

with all information necessary for the Commission to comply

with the regulations of such Commission issued pursuant to the

National Environmental Policy Act; and

1 7. Providing for day to day management responsibilities.

58-57-06 Whenever the contractor is responsible for the establishment or

maintenance of accounting systems and procedures, the contractor

shall establish and maintain satisfactory accounting systems and

procedures which shall, at a minimum:

1. Include an adequate system of internal accounting controls

consistent with the Commissions rules and regulations;

2. Permit the preparation of financial statements in accordance

with generally accepted accounting principles and accounting

principles adapted to casino operations;

3. Be susceptible to audit;

4. Allow the Commission, the Tribe, and the National Indian

Gaming Commission to calculate any annual fees under 25

C.F.R. § 514.1;

5. Permit the calculation and payment of the managers fees; and

6. Provide for the allocation of operating expenses or overhead

expenses among the Tribe, the Tribes gaming operation, the

management contractor, and any other user of shared facilities

and services.

~ S. T. CO~

~ ~mendment

~ New Adoption

J.d~ciaI Approved

58-58

C3~nCjl Adopted

JL~1-~3~
Chapter 58

Subchapter 4

Management Contracts

58-58-01

58-58-02

58-58-03

Management contract disapproval; termination.

The Tribal Council shall not approve and shall terminate any

management contract if it determines that any principal, director,

agent or employee of a management contractor or any person having

a direct or indirect financial or ownership interest in or having

management responsibility for a management contract is an elected

member of the Tribal Council. Whenever the circumstances described

in this Section are covered by the termination provisions of a

management contract, any termination of such contract shall be

governed thereby.

A management contract will be denied or terminated by the Tribal

Council if any principal, director or agent of a management contract,

or of any parent company of a management contractor, any primary

management official or key employee of a management contractor,

any person having a direct or indirect financial or ownership interest in

or having management responsibility for a management contract has

been convicted of any felony or gaming offense or if the background

investigation of the management contractor warrants disapproval or

termination of the management contact. Whenever the circumstances

described in this Section are covered by the termination provisions of

a management contract, any termination of such contract shall be

governed thereby.

58-58-04 A management contract will be denied or terminated by the Tribal

Council if any principal, agent, employee, or (directly or indirectly) a

ten (10) percent or more shareholder of a management contractor or

of any parent company of a management contractor, or any person

having a direct or indirect financial ownership interest in, or having

management responsibility for a management contract has been

determined by the Commission to be a person whose prior activities,

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

public interest or to the effective regulation and control of gaming, or

either creates or enhances the danger of unsuitable, unfair, or illegal

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

carrying on of regulated business and financial arrangements.

Whenever the circumstances described in this Section are covered by

the termination provisions of a management contract, any termination

of such contract shall be governed thereby.

t~efl~

~~ ~doP~°~~

\pOJ~

58-59
Chapter 58

Subchapter 4

Management Contracts

58-58-05

58-58-06

58-58-07

58-58-08

58-58-09

~CODE

~ Amendment

E New AdoDtiOfl

ludiciat Approved

Counc~ Adopted

A management contract will be denied or terminated by the Tribal

Council if the management contractor or its parent company, if any,

has or has attempted, to unduly interfere with or influence for its gain

or advantage any decision or process of tribal government relating to

the Tribes gaming operation.

A management contract will be denied or terminated, in accordance

with the terms of the management contract, by the Tribal Council if

any agent of the management contractor or its parent company, if

any, has or has attempted, to unduly interfere with or influence for its

gain or advantage any decision or process of tribal government

relating to the Tribes gaming operation. Whenever the circumstances

described in this Section are covered by the termination provisions of

a management contract, any termination of such contract shall be

governed thereby.

A management contract will be denied by the Tribal Council if a

trustee, exercising the skill and diligence to which a trustee is

commonly held, would not approve the contract.

A management contact will be denied or terminated by the Tribal

Council if the management contractor or its parent company, if any,

has itself or by its agents deliberately or substantially failed to comply

with the terms of the management contract, the provisions of this

Ordinance, any rules or regulations adopted pursuant to this

Ordinance, any applicable federal law, or any rules or regulations of

the National Indian Gaming Commission, or any of the requirements of

a Tribal-State compact entered into between the Tribe and the State

of South Dakota or the Tribe and the State of North Dakota governing

gaming on Indian lands. Whenever the circumstances described in

this Section are covered by the termination provisions of a

management contract, any termination of such contract shall be

governed thereby.

A management contract will be denied or terminated by the Tribal

Council if changes in persons with a financial interest in or

management responsibility for a management contract have occurred

without notice to and subsequent licensing of the Commission or the

National Indian Gaming Commission in accordance to the requirements

of this Ordinance and federal law and regulations promulgated

thereunder.

5 8-60
Chapter 58

Subchapter 4

Management Contracts

58-58-10 A management contract will be denied or, if not appropriately

modified, terminated by the Tribal Council if the management contract

is inconsistent with any of the requirements of a Tribal-State compact

entered into between the Tribe and the State of South Dakota or the

Tribe and the State of North Dakota governing gaming on Indian

lands.

58-58-11 A management contract will be denied or terminated by the Tribal

Council if any principal, agent, employee, or (directly or indirectly) a

ten (10) percent or more shareholder of a management contractor or

of any parent company of a management contractor, or any person

having a direct or indirect financial or ownership interest in or having

management responsibility for, a management contract entity or its

parent company, if any, has provided materially false statements or

information to the Commission or other tribal officials, pertaining to

matters where a provision of this Ordinance or of any rules or

regulations promulgated by the Commission requires the submission

of information to the Tribe or an agency thereof, or has refused to

respond to questions by the Commission or other tribal officials

propounded for the purpose of carrying out their duties and

responsibilities under this Ordinance or the rules and regulations

promulgated thereunder. Whenever the circumstances described in

this Section are covered by the termination provisions of a

management contract, any termination of such contract shall be

governed thereby.

58-58-12 A management contract will be denied or terminated by the Tribal

Council if any principal, agent, employee, or (directly or indirectly) a

ten (10) percent or more shareholder of a management contractor or

of any parent company of a management contractor, or any person

having a direct or indirect financial or ownership interest in or having

management responsibility for, a management contract entity or its

parent company, if any, has provided materially false statements or

information to the National Indian Gaming Commission pertaining to

matters where a provision of any federal law or regulation requires the

submission of information to such Commission, or has refused to

respond to questions by such Commission propounded for the

purpose of carrying out its duties and responsibilities under such

federal laws and regulations. Whenever the circumstances described

in this Section are covered by the termination provisions of a

~ Ar~ndment management contract, any termination of such contract shall be

New ~option governed thereby.

~u~ic~a~ Approved

______

58-61

C&~nc~ Adopted

LLO~ ?
Chapter 58

Subchapter 4

Management Contracts

58-59-01 Management contractor application and records.

58-59-02 Management contractor license applications shall be made upon forms

provided by the Commission. A copy will be forwarded to the

National Indian Gaming Commission for approval and the original of

the application with original pictures and fingerprint cards will retained

by the Commission for background investigation and licensing

purposes.

58-59-03 Copies of the following documents must be provided to the

Commission as part of a management contractor application:

1. Copies of documents establishing the existence of the entity,

such as the partnership agreement, the trust agreement, or the

articles of incorporation with any amendments thereto both for

itself and any parent corporation;

2. Copies of documents designating the person who is charged

with acting on behalf of the entity;

3. Copies of bylaws and any amendments thereto or other

documents, both for itself and any parent corporation, that

provide the day-to-day operating rules for the organization; and

4. Complete financial statements showing all sources of income

for the previous three (3) fiscal years, and including assets,

liabilities, and net worth as of the date of submission.

58-59-04 In addition to other records and information required for licensing by

this Ordinance or by any rules or regulations of the Commission, a

licensed management contractor shall maintain the following records if

a corporation:

1. A current list of officers and directors both for itself and any

parent corporation.

2. Minutes of all meetings of stockholders and directors both for

itself, and, whenever the Tribes gaming operations is the

~ subject of discussion, for any parent corporation.

~ew Adoption

rical ~proved

3. A current list of all stockholders and stockholders affiliates,

including their names and the names of beneficial owners of shares.

Council A~opted~

_______

58-62
Chapter 58

Subchapter 4

Management Contracts

4. A complete record of all transfers of stock.

5. A record of amounts paid to the corporation for issuance of

stock and other capital contributions and dates thereof.

6. A record, by stockholder, of all dividends distributed by the

corporation.

7. A record of all salaries, wages, and other remuneration

(including perquisites), direct and indirect, paid during the

calendar or fiscal year, by the corporation, to all officers,

directors, and stockholders with an ownership interest at any

time during the calendar or fiscal year, equal to or greater than

five (5) percent of the outstanding stock of any class of stock.

58-59-05 In addition to other records and information required by this Ordinance

or by any rules or regulations of the Commission, a licensed

management contractor shall maintain the following records if a

partners hip:

1. A schedule showing the amounts and dates of capital

contributions, the names and addresses of the contributors, the

percentage of interest in net assets, profits and losses held by

each.

2. A record of the withdrawals of partnership funds or assets.

3. A record of salaries, wages, and other remuneration (including

perquisites), direct and indirect, paid to each partner during the

calendar or fiscal year.

4. A copy of the partnership agreement and certificate of limited

partnership, if any.

58-59-06 In addition to other records and information required by this Ordinance

or by any rules or regulations of the Commission, a licensed

management contractor shall maintain the following records if a sole

proprietorship:

1. A schedule showing the name and address of the proprietor and

w~ :. L CODE the amount and date of their original investment.

XL ~r~en~ment

~ N~w Adoption

Jud:ci~I Aoproved 58-63

J/-~7- 94~

C~u~.c,I Adopted

<7 -
Chapter 58

Subchapter 4

Management Contracts

2. A record of dates and amounts of subsequent additions to the

original investments and withdrawals therefrom.

3. A record of salaries, wages, and other remuneration (including

perquisites), direct or indirect, paid to the proprietor during the

calendar or fiscal year.

4. Federal and state tax returns showing income and losses in

connection with the Tribes gaming operations.

58-59-07 All records maintained pursuant to Sections 58-59-04, 58-59-05 and

5 8-59-06 shall be produced pursuant to an order of a court of

competent jurisdiction or a lawful subpoena issued by the

Commission.

58-60-01 Management contractor bond.

58-60-02 A management contractor shall post a bond to the Tribe before the

effective date of any such contract in a sum as the Commission or the

Tribal Council shall fix with sureties to be approved by the

Commission or Council. The bond shall be used to guarantee that the

management contractor shall faithfully execute the management

contract, keep its books and records, make reports, and conduct all

gaming operations in conformity with this Ordinance, any rules and

regulations adopted by the Commission, the provisions of any

compact entered into between the Tribe and the State of South

Dakota or the Tribe and the State of North Dakota, and applicable

federal law. The bond shall not be cancelled by a surety on less than

30 days notice in writing to the Commission or Council. If a bond is

cancelled and the management contractor fails to file a new bond in

the required amount on or before the effective date of cancellation,

the management contract may be terminated by the Tribe. The total

and aggregate liability of the surety on the bond is limited to the

amount specified in the bond. This section shall not apply to any

management contract approved by the National Indian Gaming

Commission that was entered into by the Tribe prior to August 1,

1994.

)~j Amendment

Jj New Adoption

JJd!c~a Approved

~JjI~~t7 -

Council Adopted

~8-64
58-61-01 Auditing by the Commission.

Chapter 58

Subchapter 5

Auditing and Accounting

58-61 -02

58-61-03

58-61-04

58-61-05

58-61-06

~. ST.

Arnen~m~1t

i~ t~ew Adoption

Judicial Aporoved

LL~-~

Council Adopted

The books of account, records, and documents pertaining to the

Tribes gaming operations and of any management contractor or other

person or entity licensed in connection therewith shall be made

available to the Commission. Such books of account, records, and

documents, shall also be made available for inspection and audit at

reasonable times and with 24 hours advance notice to a tribal gaming

operation to other agencies of the Tribe as authorized by the Tribal

Council, or any authorized agency of the federal government as

required by federal law or regulation, or the State of South Dakota or

the State of North Dakota as required by any compact between the

Tribe and the State of South Dakota and the State of North Dakota.

Such books of account, records and documents shall be organized and

indexed in such a manner to provide immediate accessibility to

authorized agencies.

A failure to permit inspection or any falsification of any books or

records related to any transaction connected with the holding,

operating, and conducting of any gaming activity is a class one (1)

misdemeanor.

The Commission shall also have access to any bank records pertaining

to the Tribes gaming operations showing deposits received from or

withdrawals of monies in connection with a tribal gaming operation.

The Tribe shall perform such additional audits of the books, records,

equipment and procedures of any licensed class Ill gaming operations

and of any management contractor thereof as the Commission may

deem necessary or as may be required under the terms of any class Ill

gaming compact entered into between the Tribe and the State of

South Dakota or the Tribe and the State of North Dakota.

The Commission may employ an auditor, to assist in the performance

of auditing tribal gaming operations, recommending specific internal

controls to the Commission, assuring gaming operation accountability,

storing permanent records, assisting independent auditors, and

conducting accounting investigations for the Commission.

5 8-65
Chapter 58

Subchapter 5

Auditing and Accounting

58-62-01 Accounting requirements.

58-62-02 The gross revenues and adjusted gross revenues from gambling shall

be separately handled and accounted for from all other moneys

received from operation of a tribal gaming operation.

58-62-03 In no event shall the books, records, and documents pertaining to any

authorized class II and class Ill gaming activities be removed from the

premises of the Tribes gaming operations prior to independent audit.

58-62-04 Whenever the annual or any other audit indicates a material weakness

in the internal accounting control procedures or other internal control

systems, or non-conformance with this Ordinance, applicable laws

and regulations, and any compact entered into between the Tribe and

the State of South Dakota or the Tribe and the State of North Dakota

governing class Ill gaming, the Commission shall provide the

chairperson of the management board of the tribal gaming operation

notice of the audit report and of such non-conformance and material

weaknesses. Within 90 days from receipt of notice of the audit

report, the manager of the tribal gaming operation shall report in

writing to the Commission the corrective actions taken to address any

such non-conformance or material weakness indicated in the audit

report.

58-63-01 Independent audits of gaming operation.

58-63-02 A tribal gaming operations financial statements, books, and records

shall be audited annually by an independent auditor employed by the

Commission who is a certified public accountant. The annual

independent audit will include an audit of gaming related contracts for

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

$25,000.00 (except contracts for professional legal or accounting

services).

58-63-03 The independent audit will also include an audit of gaming and cash

procedures and equipment and an audit of conformance with this

Ordinance, applicable laws and regulations, and any compact entered

into between the Tribe and the State of South Dakota or the Tribe and ~~ CODE the State of North Dakota governing class Ill gaming. .~ Anlendmerit 1tI~. ~ ,~ -do ptf~~

iud;cai ~Pprcved 58-66

Cü~n~j i4dopte~j
Chapter 58

Subchapter 5

Auditing and Accounting

58-63-04 All audits shall be conducted pursuant to the AICPA Standards for

Audits of Casinos when applicable and in accordance with otherwise

generally accepted accounting principles and auditing standards. A

copy of the report(s) and management letter(s) setting forth the

results of each annual audit will be submitted to the National Indian

Gaming Commission within 120 days after the end of each fiscal year

of the gaming operation.

58-63-05 The annual financial statements and the quarterly fee assessment

reports, if any, submitted by the Tribe to the National Indian Gaming

Commission in relation to any class II gaming operation shall be

reconciled by the independent auditor. Upon request, the

reconciliation shall be provided to the National Indian Gaming

Commission or its authorized representative.

58-64-01 Accounting records.

58-64-02 Throughout the term of any class Ill gaming compact between the

Tribe and the State of South Dakota or the Tribe and the State of

North Dakota, all books, records and documents pertaining to any

authorized class III gaming activities, including the records of any

management contractor and the Tribe, shall be separately maintained

pursuant to generally accepted accounting principles under standards

of the AICPA in order to facilitate auditing to ensure compact

compliance.

58-64-03 For the purpose of subchapter 5, books, records, and documents

shall be defined as any book, record, or document pertaining to,

prepared or generated by a tribal gaming operation or any licensee

thereof including, but not limited to, all forms, reports, accounting

records, ledgers, subsidiary records, computer-generated data, internal

audit records, correspondence, and personnel records.

58-64-04 All original books, records and documents may be copied and stored

on a microfilm, microfiche, or other suitable media system approved

by the Commission.

CODE

Aciendment

New AdopUOll

ic~aI Aeproved

_________

58-67

Council Adopted
Chapter 58

Subchapter 5

Auditing and Accounting

58-64-05 No original book, record, or document may be destroyed by a tribal

gaming operation or any licensee thereof without the prior approval of

the Commission, unless the particular book, record, or document has

first been copied and stored on microfilm, microfiche, or other suitable

media in accordance with Section 58-64-04.

58-64-06 Each licensed class II or class HI tribal gaming operation shall

permanently maintain complete and accurate books of account and

records, including inventory records of gaming supplies sufficient to

establish the amount of gross and net income, deductions and

expenses, receipts and disbursements, and other information required

in .any financial statement, report or other accounting prepared

pursuant to this Ordinance, any regulations issued thereunder, the

Indian Gaming Regulatory Act, or any regulations of the National

Indian Gaming Commission, and to enable any class II gaming

operation, the Tribe or the National Indian Gaming Commission to

determine the amount of any fees required under 25 C.F.R. § 514.1.

58-64-07 The books of account and records shall also show,in addition to any

other information required by the Commission or the Tribal Council,

gross revenues and the amount of any taxes collected or accrued in

connection with any gambling activities, all expenses, charges, fees

and other deductions, the cash amounts or the cost to the gambling

operaticns of goods or other noncash valuables distributed to

participants ~n the licensed activity, and evidences of indebtedness.

58-64-08 General accounting records shall be maintained on a double entry

system of accounting with transactions recorded on an accrual basis.

58-64-09 Detailed, supporting, and subsidiary records shall be maintained.

These records include, but are not necessarily limited to:

1. Statistical game records to reflect drop (amount of cash

wagered by patrons) and win (amount of cash won by the

gaming operations) amounts for each type of game on a daily

basis.

~

~4e~ ~option

Jud!ca~ ~Approve~ 5 8-68

COufl~iI Adopted
Chapter 58

Subchapter 5

Auditing and Accounting

2. Records of all investments, advances, loans and receivable.

balances, due to the licensed class H and class Ill gaming

operations or any management contractor thereof.

3. Records related to investments in property and equipment.

4. Records which identify the handle, payout, win amounts and

percentages, theoretical win amounts and percentages, and

differences between theoretical and actual win amounts and

percentages, for each slot machine or video game of change on

at least a week-to-date, month-to-date, and year-to-date basis.

5. Records of all loans and other amounts payable by the licensed

class II or class Ill gaming operations.

6. Records which identify the purchase, receipt and destruction of

gaming chips and tokens.

7. Other records required by the Commission.

58-65-01 Retention of audit and accounting records and gaming operation

records.

58-65-02 A licensed class II or class ~II gaming operation of the Tribe shall retain

all books of account, records, reports and other documents required

by this Subchapter or any rules and regulations of the Commission for

no less than five (5) years. In the event that the gaming operation

terminates, these books, records, reports and other documents shall

be retained in the custody of the Tribal Council.

58-66-0 1 Gaming operations reports.

58-66-02 A licensed class II or class Ill gaming operation of the Tribe shall file

monthly reports with the Commission indicating adjusted gross

revenues from gambling games and from other related activities

conducted on the premises of the Tribes gaming operations. These

reports will be by calendar month and will be filed within 1 5 days

following

the end of each month. ~. v,. ~ ;.

~ Amer.~rnent

~ N~w 4do~tI~~

Judic~aI Approved 58-69

Counc~i Adopted
Chapter 58

Subchapter 5

Auditing and Accounting

58-66-03 A licensed class II or class UI gaming operation of the Tribe shall file

an annual financial statement with the Commission covering all

financial activities of the Tribes gaming operations. This statement

shall be filed within 90 calendar days following the end of the fiscal

year.

58-66-04 Any adjustments resulting from the annual audit shall be recorded in

the accounting records of the year to which the adjustment relates.

In the event the adjustments were not reflected in the annual report of

the Tribes gaming operations and the Commission concludes the

adjustments are significant, the Commission may require a revised

annual report to be filed within 30 calendar days following

notification.

58-66-05 Required financial statements shall include a footnote reconciling and

explaining any differences between the financial statements included

in the annual report of the Tribes gaming operations and the audited

financial statements. Such footnote shall disclose the effect of such

adjustments on:

1. Casino revenues;

2. Revenue net of complimentary services;

3. Total costs and expenses;

4. Income before extraordinary items; and

5. Net income.

58-67-0 1 Retention of enforcement action records.

58-67-02 A licensed class II or class III gaming operation of the Tribe shall

maintain copies of all enforcement actions that the Tribe, the State of

South Dakota, the State of North Dakota, the National Indian Gaming

Commission, or any other agency of the United States has taken

against the operation, noting the final disposition of each case.

~ A~iendment

i~~1 New Adoption

Ju~cial Approved

JIO17~~~?UI 58-70

Counc~I Adopted
Chapter 58

Subchapter 6

Internal Controls

58-68-01 Internal control systems.

58-68-02 A licensed class II or class Ill gaming operation of the Tribe shall

operate all gaming under a system of adequate and effective internal

controls. Internal control systems and any changes therein shall be

approved or, if required by the terms of a management contract,

certified for approval, by the Commission before any gaming operation

may be commenced by a licensed class H or class Ill gaming

operation. Once approved, no system of internal controls may be

altered until the Commission has approved the changes.

58-68-03 At a minimum, internal control systems shall include procedures or

standards for:

1. Training personnel to understand prescribed procedures;

2. Segregating incompatible functions so that no employee is in a

position to perpetrate and conceal errors or irregularities in the

normal course of their duties;

3. Accounting systems for the gaming operation;

4. Each department to account for gaming and other tribal

enterprise monies;

5. Use of drop boxes and drop buckets;

6. Transportation of drop boxes to and from gaming tables;

7. Storage of drop boxes;

8. Accepting cash or prepaid vouchers at gaming tables;

9. Distributing gaming chips to gaming tables;

10. Removing gaming chips from gaming tables;

11. Closing gaming tables;

~.v. ~.I. CODE.

Amendment

fl ~4ew Adontiofl

Judicia Approved 58-71

JI -

Council Adopted
Chapter 58

Subchapter 6

Internal Controls

12. Count room security;

13. Opening, counting and recording contents of slot machines and

video games of chance drop boxes;

14. Slot machine or video game of chance identifying and nonidentifying features and capabilities;

15. Jackpot payouts;

16. Filling payout reserve containers of slot machines or video

games of chance;

17. Security with respect to the transportation and deposit of

monies in an approved financial institution; and

58-69-01 Computer recording requirements and monitoring of slot machines or

video games of chance.

58-69-02 A licensed class Ill gaming operation will have a computer connected

to slot machines or video games of chance to record and monitor the

activities of such machine. The computer will be designed and

operated to automatically perform the function relating to slot

machines to video game of chance meters as follows:

1. Record the number and total value of coins or tokens placed in

the slot machine or video game of chance for the purpose of

activating play;

2. Record the number and total value of coins or tokens in the

drop bucket of the slot machines or video games of chance;

and

3. Record the number and total value of slot tokens, cash or chips

to be paid manually as the result of a jackpot.

~ Ar~:rnent

~ New MoptiOfl

~ud~c~! Approved

_________

58-72

Council Adopted
Chapter 58

Subchapter 6

Internal Controls

58-69-03 The computer shall store in machine-readable form au information

required under this Section 58-69 and such stored data shall not be

susceptible to change or removal by any personnel prior to submission

to the Commission.

58-70-01 Security and surveillance procedures.

58-70-02 The Commission shall approve security procedures and establish

surveillance procedures and equipment standards consistent with any

applicable security and surveillance requirements of a class III gaming

compact entered into between the Tribe and the State of South

Dakota or the Tribe and the State of North Dakota. At a minimum,

security procedures shall include the employment of a reasonably

adequate security force and provide for a certified peace officer with

the power to arrest all persons committing gaming violations to be

present at all times when gambling is being conducted.

58-71-01 Games and game rules; approval and posting.

58-71-02 The Commission will approve all games and game rules. Before any

game may be played in the Tribes gaming operations, the game must

be authorized by the Commission and the game rules must be publicly

posted in the gaming facility at such conspicuous locations, near

where such gaming activity is conducted, so as to make them readily

available and accessible to the public. The Commission shall not have

the authority to disapprove or withhold authorization for class II

gaming activities or any class Ill gaming activities permitted by the

terms of any compact entered into by the Tribe with the State of

South Dakota and by the Tribe with the State of North Dakota.

Amendment

fl N~w Adoption

Judicial Approved

1 -~L

Council Adopted 58-73

ii-o~-~L~
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

58-72-01 Unlawful and prohibited activities.

58-72-02 A person or entity is guilty of a class 1 misdemeanor for engaging in

any class U gaming, or in class Ill gaming where wagering is used or

to be used, without a license issued by the Commission.

58-72-03 A person or entity knowingly permitting a person under the age of

twenty-one (21) years to make a wager is guilty of a class 1

misdemeanor.

58-72-04 A person or entity commits a class 1 misdemeanor if the person or

entity, either alone or in concert with others, does any of the

following:

1. Offers, promises, or gives anything of value or benefit to a

person who is connected to a gaming operation owned by the

Tribe including, but not limited to, an officer or employee of the

Tribe, an officer or employee of a management contractor,

pursuant to an agreement or arrangement or with the intent

that the promise or thing of value or benefit will influence the

actions of the person to whom the offer, promise, or gift was

made in order to affect or attempt to affect the outcome of a

gambling game, or to influence official action of a member of

the Commission.

2. Solicits or knowingly accepts or receives a promise of anything

of value or benefit while the person is connected with a gaming

operation owned by the Tribe including, but not limited to, an

officer or employee of the Tribe, an officer or employee of a

management contractor, pursuant to an understanding or

arrangement or with the intent that the promise or thing of

value or benefit will influence the actions of the person to

whom such promise or gift was made in order to affect or

attempt to affect the outcome of a gambling game, or to

influence official action of a member of the Commission.

3. Uses a device, including any calculator, computer, or other

~wS.i. CODE electronic, electrical or mechanical device to assist in any of the

~ Acr~endfl1eflt following:

fl New Adoption

~udc~a! Approved

58-74

Councit Adopted
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

a. In projecting the outcome of a game;

b. In keeping track of the cards played;

c. In analyzing or changing the probability of the occurrence

of an event relating to the gambling game;

d. In analyzing or changing the strategy for playing or

betting to be used in the game except as permitted by

the Commission.

4. Cheats at a gambling game.

5. Manufactures, sells, or distributes any cards, chips, dice, game

or device which is intended to be used to violate any provision

of this Ordinance.

6. Instructs a person in cheating or in the use of a device for that

purpose with the knowledge or intent that the information or

use conveyed may be employed to violate any provision of this

Ordinance.

7. Alters or misrepresents the outcome of a gambling game on

which wagers have been made after the outcome is made sure

but before it is revealed to the players.

8. Places, increases, decreases or cancels a bet after acquiring

knowledge, not available to all players, of the outcome of the

gambling game which is the subject of the bet or to aid a

person in acquiring such knowledge for the purpose of placing,

increasing, decreasing or canceling a bet contingent on that

outcome.

W. S. 1. CODE

~ Arnendme~

~J New Adoptjrni

U(hcIaf Approved

C~~u~cd Adopted

9. Claims, collects, or takes, or attempts to claim, collect, or take,

money or anything of value in or from the gambling games,

with intent to defraud, without having made a wager contingent

on winning a gambling game, or claims, collects, or takes an

amount of money or thing of value of greater value than the

amount won.

58-75
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

10. Knowingly entices or induces a person to go to any place where

a gambling game is being conducted or operated in violation of

the provisions of this Ordinance with the intent that the other

person plays or participates in that gambling game.

11. Uses counterfeit chips, tokens, coins or other currency in a

gambling game.

12. Knowingly uses other than chips, tokens, coins, currency or

other methods of credit approved by the Commission or uses

coins not of the denomination as the coins intended to be used

in the gambling games.

13. Has in the persons possession any device intended to be used

to violate a provision of this Ordinance.

14. Has in the persons possession, except a licensee or employee

of a licensee acting in furtherance of the employees

employment at a licensed gaming operation, any key or device

designed for the purpose of opening, entering, or affecting the

operation of a gambling game, drop box, or an electronic or

mechanical device connected with the gambling game or for

removing coins, token, chips or other contents of a gambling

game.

1 5. Uses any fraudulent scheme or technique.

1 6. Has located on the premises of a tribal gaming operation any

gaming equipment or implements of gaming not authorized

under this Ordinance or by the Commission.

1 7. Manipulates with intent to cheat (whether with or without a

device), any component of a gaming device in a manner

contrary to the designed and normal operational purpose for the

component, with knowledge that the manipulation affects the

outcome of the game or with knowledge of any event that

affects the outcome of the game.

~ Amendment

1 N~w Adoption

uc!c~aI Apprcved 58-76

~uflCI1 Adopted

~f ~o~-~I~L
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

18. Commits any offense defined in Chapter 25 of the Tribal Codes

of Laws.

The possession of more than one of the devices described in

subparagraphs 3, 5, 13, or 14 of this Section permits a rebuttable

inference that the possessor intended to use the devices for cheating.

58-73-0 1 Wagering by minors prohibited.

58-73-02 At any gaming operation of the Tribe in South Dakota, a person under

the age of twenty-one years shall not make a wager on any gambling

activity conducted at a tribal gaming operation and shall not be

allowed in the area of such operation where gambling is being

conducted. If any person below the age of twenty-one plays and

otherwise qualifies 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.

58-73-03 At any gaming operation of the Tribe in North Dakota, a person under

the age of eighteen years shall not make a wager on any gambling

activity conducted at a tribal gaming operation and shall not be

allowed in the area of such operation where gambling is being

conducted. If any person below the age of twenty-one plays and

otherwise qualifies 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.

58-74-01 Gambling on credit unlawful: licensee loans unlawful.

58-74-02 Any class II or class Ill gaming operation shall be operated for cash

only. A person who, in connection with the Tribes gambling

operations, tenders and a person who receives any promise,

agreement, note, bill, bond, contract, mortgage or other security, or

any negotiable instrument, as consideration for any wager or bet

commits a class one (1) misdemeanor.

58-74-03 Any licensee or any employee of any licensee who loans to any

person money or any other thing of value for the purpose of

permitting that person to place any wager or bet at the Tribes gaming

)~ Ame-.ł~ent

New Adoption

58-77

~ud~c~ai

/

Approved

Ccunc~t Adopted

~ (
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

operations commits a class one (1) misdemeanor. However, a bingo

participant may make payment by personal check for any entry or

participation fee assessed by the Tribe.

58-74-04 Any licensee or any employee of any licensee who engages in

pawnbroking or who takes goods or materials in hock from any person

for the purpose of permitting that person to place any wager or bet at

the Tribes gaming operations commits a class one (1) misdemeanor.

58-74-05 Nothing in this Section shall be construed to prohibit the Tribe or a

management contractor from offering check cashing and credit card

transactions as routinely offered by other businesses. Credit card

transactions may be consummated only through a bona fide credit

card company whose services are offered to other businesses located

within the Tribes jurisdiction or within the State of South Dakota or

the State of North Dakota.

58-74-06 Nothing in this Section shall apply to credits won by players who

activate play on slot machines or video games or chance after

inserting coins, currency, or tokens into the game.

58-74-07 Personal checks accepted by a tribal gaming operation must be

deposited into a financial institution on the next banking day following

the receipt of such check.

58-75-01 Possession of firearms and dangerous weapons prohibited..

58-75-02 The possession of firearms or other dangerous weapons shall be

prohibited at all times within the gambling area of a tribal gaming

operation and within adjacent facilities except for certified tribal, State

of South Dakota, State of North Dakota, county, or federal law

enforcement officers carrying such weapons in the course of their

official duties and authorized to be on the premises of a tribal gaming

operation.

58-76-01 Alcohol prohibited; exception.

58-76-02 The sale or possession of alcohol including, but not limited to, beer,

liquor or any other beverage containing alcohol, on the premises of a

~

j New Adoption 5878

~~idicjaj Approved

Council Ado2ted ((r ~
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

tribal gaming operation or adjacent facilities is a class one (1)

misdemeanor.

58-76-03

58-77-01

58-77-02

58-77-03

58-77-04

~JL

Amen.~me~

New MoPtIOfl

ud~cai Apploved

C~ ~ Mopted

The sale or possession of alcoholic beverages may be permitted on

the premises of a tribal gaming operation and adjacent facilities only if

authorized under a liquor ordinance approved by the Tribal Council and

the Secretary of the Interior in accordance with applicable federal law.

Penalties and fines.

Whenever a person or entity within the civil jurisdiction of the Tribe

violates any provision of this Ordinance, any rule or regulations of the

Commission, any provision of any class Ill gaming compact entered

into between the Tribe and the State of South Dakota or the Tribe and

the State of North Dakota, or engages in any activity proscribed under

such Ordinance, rules or regulations or compact, such person or entity

shall be subject to a civil fine or license suspension or license

revocation or both a civil fine and license suspension or revocation.

The Commission shall establish, enforce, and impose such schedule of

civil fines as may be necessary to assure compliance with the

provisions of this Ordinance, the rules and regulations of the

Commission, and any class Ill gaming compact entered into between

the Tribe and the State of South Dakota or the Tribe and the State of

North Dakota.

Upon determining that a person or entity may be the subject of a civil

fine, the Commission or its agents or employees may immediately

attach the personal property of such person or entity of a value

sufficient to satisfy the applicable fine, and hold such property until a

final determination is made on whether such person or entity shall be

required to pay a civil fine. Nothing in any schedule of fines

established by the Commission shall be deemed to limit the amount of

any civil fine that may be imposed by a tribal court or by the

Commission upon a finding that a person or entity has violated any

provision of this Ordinance, any rule or regulation of the Commission,

or any provision of any class III gaming compact entered into between

the Tribe and the State of South Dakota or the Tribe and the State of

North Dakota.

58-79
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

58-77-05 A violator shall be required to pay court costs or Commission costs,

as the case may be, storage fees and auction or sales fees.

58-77-06 No fine shall be assessed or any action taken for any violation of this

Ordinance, any rule or regulation issued pursuant thereto, or any

provision of a class lii gaming compact entered into between the Tribe

and the State of South Dakota or the Tribe and the State of North

Dakota unless a charge or complaint is filed with the Commission or a

tribal court, as the case may be, within three years of the commission

of the violation.

58-77-07 The Commission shall review each notice of violation to determine

whether a civil fine will be assessed, the amount of the fine; and in

the case of continuing violations, whether each daily illegal act or

omission will be deemed a separate violation for purposes of the total

civil fine assessed.

58-78-0 1 Forfeiture of property.

58-78-02 Anything of value, including all traceable proceeds, including but not

limited to, real and personal property, moneys, negotiable instruments,

securities, and conveyances belonging to any person or entity, is

subject to forfeiture to the Tribe if the item was used for any of the

following:

1. In exchange for a bribe intended to affect the outcome of a

gambling game.

2. In exchange for, to facilitate, or in connection with a violation

of this Ordinance, any rule or regulation of the Commission, any

provision of any class Ill gaming compact entered into between

the Tribe and the State of South Dakota or the Tribe and the

State of North Dakota, or in taking any action proscribed under

such Ordinance, rules or regulations or compact.

3. In exchange for, to facilitate, or in connection with a violation

of any management contract with the Tribe.

58-78-03 All moneys, coin, and currency found in close proximity of wagers,

subject to forfeiture, or of records of such wagers are presumed

forfeited. The burden of proof is upon the claimant of the property to

X ~merdment rebut this presumption.

] New Adopt~or

Jud~cia~ Approved 58-80

II - ~ 14

Council Adopted
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

58-78-04 Sections 58-78-02 and 58-78-03 do not apply if the act or omission

which would give rise to the forfeiture was committed or omitted

without the owners knowledge or consent.

58-78-05 Winnings found to have been received in violation of this Ordinance

are subject to forfeiture.

58-78-06 Upon determining that the property of a person or entity may be

subject to forfeiture, the Commission or its agent or employees may

immediately seize such personal property of the person or entity as

may be subject to forfeiture, and hold such property until a final

determination is made on whether such property is to be forfeited to

the Tribe.

58-78-07 Within five (5) days following the seizure of any property that may be

subject to forfeiture, the Commission shall notify the person or entity

from whom such property was seized and, if different, the owner of

such property, if known, of a hearing before the Commission to

determine whether the property was used for any of the purposes

described in Section 58-78-02. The hearing shall be held no later than

fifteen (15) days following the date of seizure of the property,

provided that the Commission may extend this time for not more than

an additional fifteen (15) days if an investigation into the

circumstances of the use of the property has not been compicted.

1. At any hearing, the person or entity from whom the property

was seized and, if different, the owner of the property shall

have an opportunity to be heard, including an opportunity to

present oral and documentary evidence, cross-examine

witnesses and present oral arguments within limits established

by the Commission.

2. When holding a hearing under this Section, the Chairman of the

Commission or any presiding Commissioner may administer

oaths and affirmations, issue subpoenas to compel the

attendance of witnesses or procure the produc.tion of

documents, and take such other action as may be necessary to

conduct the hearing in a manner most likely to result in a fair

.W.S.T. COOL disposition. ~ Amendment

~ New 4dopt~on

JudŁcial Approved 58-8 1

JJ~~/)7~9LJ

Counci Adopted
Chapter 58

Subchapter 7

Unlawful and Prohibited Activities

3. W.henever a preponderance of the evidence introduced at a

hearing supports the conclusion that seized property was used

for any of the purposes described in Section 58-78-02, the

Commission shall issue an order forfeiting such property to the

Tribe.

58-78-08 Upon receipt of forfeited property, the Tribe shall permit an owner or

lienholder of record having a nonforfeitable property interest in the

property the opportunity to purchase the property interest forfeited. If

the owner or lienholder does not exercise the option under this

Section within thirty (30) days the option is terminated, unless the

time for exercising the option is extended by the Tribe.

58-78-09 A person having a valid, recorded lien or property interest in forfeited

property which has not been purchased pursuant to Section 58-78-08

shall either be reimbursed to the extent of the nonforfeitable interest

or to the extent that the sale of the item produces sufficient revenue

to do so, whichever amount is less. The sale of the forfeited property

should be conducted in a manner which is commercially reasonable

and calculated to provide a sufficient return to cover the costs of the

sale and reimburse any nonforfeitable interest. The validity of a lien or

property interest is determined as of the date upon which property

becomes forfeitable.

58-78-10 This Section 58-78 does not preclude a civil suit by an owner of an

interest in forfeited property against the party who, by using the

property for any of the purposes described in Section 58-78-02,

caused the property to become forfeited to the Tribe.

CO~)L

)ç~ i~mendment

New Adoption

/

~dicia~ Approved 58-82

council Adopted
Chapter 58

Subchapter 8

Implementation

58-79-01 Implementation.

58-79-02 Upon enactment this Ordinance shall immediately take effect.

58-80-01 Severability.

58-80-02 If any clause, sentence, paragraph, section or part of this Chapter

shall, for any reason, be adjudicated by any court of competent

jurisdiction to be invalid or unconstitutional, such judgment shalt not

affect, impair, or invalidate the remainder thereof, but shall be

confined in its operation to the clause, sentence, paragraph, section or

part thereof directly involved in the controversy in which the judgment

shall have been rendered.

~.W.S.T. COD~

~ Amendment

~ New Adopt~oi

Judicial Approved

I~~qq

Council Adopted

58-83