Mr. Anthony Mancilla 

Tribal Attorney 

Hannahville Indian Community 

N149 1 1 Hannahville B 1 Road 

Wilson, MI 49896-9728 

Dear Mr. Mancilla: 

This letter responds to your request to review and approve the Hannahville Indian 

Community's revised gaming ordinance. The Gaming Ordinance of the Hmahville 

Indian Community Potawatornis of Michigan, Ordinance NO. 05-1 5-00-A, As Amended, 

was adopted by on July 24,2000, by Resolution 07-24-00 of the Tribal Council. The 

new ordinance replaces an ordinance previously approved under the Indian Gaming 

Regulatory Act (IGRA). This letter constitutes approval under the IGRA af the new 

ordinance as submitted with yow letter of July 25,2000. 

This approval does not constitute approval of specified games. It is important to 

note also that the gaming ordinance is approved only for gaming on Indian lands as 

defined in the IGRA over which the Hannahville Indian Community exercises 

jurisdiction. 

Thank you for submitting the new ordinance for review and approval. The NIGC 

staff and I look forward to continuing our cooperative working relationship in 

implementing the IGRA. 

Sincerely yours, 

wk& 

Montie R. Deer 

Chairman 

1441 L STREET, N.W. 9TH FLOOR WASHINGTON, D.C. 20005 TEL.: 202-632-7003 FAX: 202-632-7066 
# . ' *. HANNAHVILLE 

INDIAN COMMUNITY 

N14911 HANNAHVILLE B1 RD. 

I 

WILSON, MICHIGAN 49896-9728 

POTAWATOMI - --- -- 

Council Members: 

Audrey Gamez, Darrell Wandahsega, 

Rose Gill, John Meshigaud, 

Harry Williams, Henry Philemon Jr., 

Henry Williams Sr., Bill Wandahsega 

RESOLUTION: 07-24-00 

Administration: (906) 466-2934 

Fax: (906) 466-2933 

Accounting Otfice: (906) 466-9933 

Fax: (906) 466-2001 

WHEREAS: The Hannahville Indian Community is a Federally recognized Indian 

Tribe pursuant to the Indian Reorganization Act of June 18, 1934, "48 

Stat. 984" as amended by the Act of June 30, 1934, "49 Stat. 378." 

WHEREAS: The Hannahville Indian Community operates a gaming establishment 

according to the guidelines set out in the Indian Gaming Regulatory Act, 

25 U.S.C. 44 2701 et seq. (1988), and under all other applicable federal 

regulations. 

WHEREAS: The Hankihville Indian Community operates its gaming establishment 

under a valid gaming compact with the State of Michigan and under the 

existing "Gaming Ordinance of the Hannahville Indian Community 

Potawatomis of Michigan." 

WHEREAS: The Hannahville Indian Community Tribal Council has undertaken the 

task of preparing a new "Gaming Ordinance of the Hannahville Indian 

Community Potawatomis of Michigan" that separates the regulation 

function from the management function of the gaming operations owned 

and operated by the Community. 

WHEREAS: The Hannahville Indian Community Tribal Council believes that the 

effective control and regulation of gaming revenues and resources is 

essential to the success of the gaming operation and to protect the integrity 

of the games. The newly adopted "Gaming Ordinance of the Hannahville 

Indian Community Potawatomis of Michigan" has been drafted to achieve 

the goals'of the Tribal Council. 

WHEREAS: The existing "Gaming Orhnance of the Hannahville Indian Community 

Potawatomis of Michigan" shall remain in effect until Tribal Ordinance 

05-1 5-00-A, As Amended, has been approved by the National Indian 

Gaming Commission. 

KENNETH MESHIGAUD ELAINE MESHIGAUD 

Tribal Chairperson V~ce Chairperson 

ROBIN R. HALFADAY 

Secretary 

MARY LOU MESHIGAUD 

Treasurer 
* 

NOW THEREFORE BE IT RESOLVED: That the Hannahville Indian Community 

wishes to adopt Tribal Ordinance 05- 15-00-A, As Amended, the "Gaming 

ordinan& of the Hannahville Indian Community Potawatomis of 

~ichi~ad", which shall be effective upon approval from the Office of the 

~hairrnah of the National Indian Gaming Commission. Upon approval 

from the National Indian Gaming Commission, Tribal Ordinance 05- 15- 

00-A, ~si~mended, shall be applicable to all gaming activities owned and 

operated by the Hannahville Indian Community and shall repeal any prior 

Tribal Gaming Ordinance. 

FURTHER: The H~ahville Inman Community is aware of and follows the grudelines 

set forth in the Indian Gaming Regulatory Act, 25 U.S.C. $$ 2701 et seq. 

(1988), and all applicable regulations that may be promulgated from such 

Act. 

CERTIFICATION 

The foregoing resolution was duly adopted by the Tribal Council of the Hannahville 

Indian Community with a quorum present during the regular session on this 24" day of 

July, 2000 by a vote of 7 for; ,# opposed; and ,/ abstaining. 

4 Tribal hairperson 1 

Hannah ille Indian community 

Tribal Secretary 

Hannahville Indian community 

GAMING ORDINANCE 

OF THE 

HANNAHVILLE INDIAN COMMUNITY POTAWATOMIS OF MICHIGAN 

Tribal Ordinance 05-15-00-A 

As Amended 

Section 1 . Findings. Intent and Policy .................................................................................................. 1 

1.1 Findings ................................................................................................................................... 1 

1.2 Intcnt ....................................................................................................................................... 2 

1.3 Policy ....................................................................................................................................... 2 

(A) Hannahville Indian Community Policy 

of Self-Government ................................................................................................... 2 

(B) Tribal Gaming Policy ................................................................................................ 2 

(C) Tribal Regulatory Policy ................................................................. 3 

Section 2 . 

2.1 

2.2 

2.3 

2.4 

2.5 

2.6 

2.7 

2.8 

2.9 

2.10 

2.1 1 

2.12 

Definitions .............................................................................................................................. 4 

"Adjusted gross proceeds" ...................................................................................................... 4 

"Bingo" .................................................................................................................................... 4 

"Breakage" .............................................................................................................................. 4 

"Capital cost" .......................................................................................................................... 4 

"Casino" .................................................................................................................................. 4 

"Charitable gaming tickct" ...................................................................................................... 4 

"Cheating" ............................................................................................................................... 4 

"Compact" ............................................................................................................................... 4 

"Compensationtt ...................................................................................................................... 4 

"Contractual agreement" ......................................................................................................... 4 

"Council" or "Tribal Council" ................................................................................................ 5 

"Educational, charitablc, patriotic, veterans, 

fraternal, religious, civic, or public-spirited 

uses" ...................................................................................................................................... 5 

"Eligible organization" ............................................................................................................ 5 

"Equipment for games of chance" .......................................................................................... 5 . . "Exclusive liccnse" .................................................................................................................. 5 

"Games of chance" .................................................................................................................. 5 

"Gaming" or "gaming activity" ............................................................................................... 5 

"Gaming apparatus or gaming cquipment" ............................................................................ 5 

"Gaming employee" ................................................................................................................ 5 

"Gaming establishment" ......................................................................................................... 6 

"Gross proceeds" ..................................................................................................................... 6 

"Indian Gaming Regulatory Act" or "IGRA" ......................................................................... 6 

"Mediate Family" ................................................................................................................ 6 

"In privity with" ...................................................................................................................... 6 

"IRS" ....................................................................................................................................... 6 

"Key employee" ....................................................................................................................... 6 

"License" ................................................................................................................................. 7 

"Lotto" ..................................................................................................................................... 7 

"National Indian Gaming Commission" ................................................................................. 7 
"Net proceeds" ........................................................................................................................ 7 

"Operator" ............................................................................................................................... 7 

"Ordinance" ............................................................................................................................. 7 

"Participate" or "Participation" or "Participating" ............................................................ 7 

"Person" .................................................................................................................................. 7 

"Player" ................................................................................................................................... 8 

"Primary Managcment Official" ............................................................................................. 8 

"Progressive gaming" .............................................................................................................. 8 

"Pull-tabs punchboards and tip jars" .................................................................................. 8 

"Rame" ................................................................................................................................... 8 

"Reservation" .......................................................................................................................... 8 

"State" ..................................................................................................................................... 8 

"Gaming Board" ...................................................................................................................... 8 

"Tribal Court" ......................................................................................................................... 8 

"Tribe" ..................................................................................................................................... 8 

"Twenty-one" .......................................................................................................................... 8 

"Wagcr" ................................................................................................................................... 9 

"Wagering Office" .................................................................................................................. 9 

Section 3 . General Provisions .............................................................................................................. 

3.1 Authority and Sovereign Powers and Responsibilities ........................................................ 

3.2 Hannahvillc Indian Community's Tribal Policy of Self-Govcment ................................. 

3.3 Application of Fedcral Policy .............................................................................................. 

3.4 Title, Repeal of Prior Laws, and Effect of Repeal ............................................................... 

3.5 Classes of Gaming ................................................................................................................ 

(A) "Class I Gaming" ..................................................................................................... 

(9) "Class I1 Gaming" ................................................................................................... 

(C) "Class 111 Gaming" .................................................................................................. 

3.6 Construction .......................................................................................................................... 

3.7 Savings Clause ...................................................................................................................... 

Section 4 . 

4.1 

4.2 

4.3 

4.4 

4.5 

4.6 

4.7 

4.8 

4.9 

4.10 

4.11 

Tribal Gaming Board of Directors ................................................................................... 

Establishmcnt ........................................................................................................................ 

Location and Place of Busincss ...................................................................................... 

Duration ................................................................................................................................ 

Attributes .............................................................................................................................. 

Recognition as a Political Subdivision of the Tribe ............................................................. 

Sovereign Immunity of the Tribal Gaming Board ............................................................... 

Waiver of Sovereign Immunity of the Tribal Gaming Board .............................................. 

Sovereign Immunity of thc Tribe .......................................................................................... 

Credit of the Tribe or Tribal Gaming Board ........................................................................ 

Assets of the Tribal Gaming Board ...................................................................................... 

Membership .......................................................................................................................... 

............................. (A) Number of Mcmbers of the Tribal Gaming Board of Directors 

(B) Qualification of Directors ....................................................................................... 

(C) Background Check .................................................................................................. 

(D) Date of Appointment ............................................................................................... 

Gaming Ordinance of'thc I-Iannahville Indian Community 

Potawatomis of Michigan 

Gaming Ordinance 

Pagc ii 
Section 5 . 

5.1 

5.2 

5.3 

5.4 

Term of Ofice ...................................................................................................................... 16 

Ex-Oficio Membcrs ............................................................................................................. 16 

Meetings ................................................................................................................................ 16 

(A) Regular Meetings .................................................................................................... 16 

(B) Spccial Meetings ..................................................................................................... 16 

(C) Compensation of Directors ..................................................................................... 16 

(D) Quorum .................................................................................................................... 16 

(E) Voting ...................................................................................................................... 16 

Organization ......................................................................................................................... 16 

Removal of Mcmbers or Vacancies ...................................................................................... 16 

(A) Removal ................................................................................................................... 16 

(B) Vacancies ................................................................................................................. 17 

Conflict of Interest ................................................................................................................ 17 

Powcrs of the Tribal Gaming Board ................................................................................... 17 

Annual Budget ...................................................................................................................... 21 

Tribal Gaming Board Regulations ....................................................................................... 21 

Right of Entrance; Monthly Inspection ................................................................................ 22 . . Investigations ........................................................................................................................ 22 

Hearings; Examiner .............................................................................................................. 22 

Appointment of Examiner; Power of Examiner ................................................................... 23 

Bank Account for Tribally-Owned or Tribally-Managed Gaming Establishment .............. 23 

Quarterly Report of Tribal General Manager Repork ......................................................... 23 

Gaming Enterprise Licenses .............................................................................................. 24 

Applicability .......................................................................................................................... 24 

Liccnse Rcquired ................................................................................................................... 24 

No License Requirement for Class I Gaming ....................................................................... 24 

Types of Licenses ............................................................................................................... 24 

(A) Tribally-Owncd or Tribally-Operated Class I1 ...................................................... 24 

(B) Tribally-Owned or Tribally-Operated Class I11 ...................................................... 24 

Application Procedures ......................................................................................................... 24 

(A) Application for Gaming License ............................................................................. 24 

(B) Tribally-Owned and Tribally Opcrated Class 111 .................................................... 24 

Threshold Criteria Which a Potcntial Gaming Operator Must Meet .................................. 25 

License Application Fees ...................................................................................................... 

Liccnse Tax ........................................................................................................................... 

Terms of License ................................................................................................................... 

Posting of Licenscs ............................................................................................................... 

Gaming Licensc Renewals .................................................................................................... 

Form of Gaming Licensc ...................................................................................................... 

Scope of Gaming License ..................................................................................................... 

Annual Reports ..................................................................................................................... 

Closure of a Tribal Licensed Gaming Activity .................................................................... 

Procedure to Remedy Gaming Licensc Violation ................................................................ 

Gaming Ordinance of the Hannahville Indian Community 

Potawatomis of Michigan 

Gaming Ordinance 

Page iii 
Section 6 . 

6.1 

6.2 

6.3 

6.4 

6.5 

6.6 

6.7 

6.8 

Section 7 . 

Section 8 . 

8.1 

8.2 

8.3 

8.4 

8.5 

8.6 

8.7 

8.8 

8.9 

Section 9 . 

9.1 

9.2 

Section 10 . 

Section 11 . 

Section 12 . 

Gaming Employee Licenses ............................................................................................... 29 

Currcnt and Valid Gaming Employee License Required ..................................................... 29 

Application Procedure .......................................................................................................... 29 

Review Proccdurc for Employce Gaming License Application ........................................... 32 

Scope of Gaming Employec Liccnsc .................................................................................... 33 

Licensing Period ................................................................................................................... 33 

Renewals ............................................................................................................................... 33 

Requiremcnt to Producc Licensc Upon Request .................................................................. 34 

Qualifications for Key Employees and Primary Management 

Officials' Licenses; Permanent License Revocation: 

Employec Gaming Liccnse ................................................................................................... 34 

(A) Qualifications for Licensurc; 

Grounds for Permanent Revocation ........................................................................ 34 

(B) Procedure for Permancnt Revocation ..................................................................... 35 

Temporary Suspension of Employee Gaming License ........................................................ 35 

Provisions of General Applicability to All Gaming Operators ..................................... 37 

Enforcement ........................................................................................................................ 41 

Jurisdiction ............................................................................................................................ 41 

Prohibited Acts ..................................................................................................................... 41 

Criminal Violation ................................................................................................................ 43 

Civil Violation ....................................................................................................................... 43 

Cumulative Fines .................................................................................................................. 43 

Purpose of Civil Penalties ..................................................................................................... 44 

Civil Action for Penaltics ............................................................................................... 44 

Seizure and Forfeiture of Property ...................................................................................... 44 

Reporting of Offenders ......................................................................................................... 44 

Operation of Tribally-Owned or Tribally-Operated Games ........................................ 45 

Managcment by a Gencral Manager ..................................................................................... 45 

Use of Net Revenues of Tribally-Owned or Tribally-Opcrated Gaming 

Entcrprises ............................................................................................................................ 45 

Audit Requirements .............................................................................................................. 46 

Managcmcnt Contracts ......................................................................................................... 46 

Adltional Requirements for Operation of Tribally-Owned 

or Tribally-Operated Gamcs ................................................................................................. 48 

Authorized Games .............................................................................................................. 48 

Patron Disputes .................................................................................................................... 49 

Technical Standards for Electronic Games of Chance ................................................... 50 

Gaming Ordinance of the Hannahvlllc Indian Community 

Potawatomis of Michigan 

Gaming Ordinance 

Page iv 
GAMING ORDINANCE 

OF THE 

HANNAHVILLE INDIAN COMMUNITY POTAWATOMIS OF MICHIGAN '@ - 

A law to authorize, liccnse and regulate certain forms of gaming, within the jurisdiction of the % 

Hannahville Indian Community Potawatomis of Michigan. 

Section 1. Findings, Intent and Policy. 

1.1 Findings. The Hannahville Indlan Community Tribal Council on behalf of the Hannahville 

Indlan Community finds that: 

(A) Tribal regulation and control of gaming activity within the jurisdiction of the 

Hannahville Indian Community is cssential for the protection of public health and welfare, and the 

interests of the Tribc and the rcsidents and visitors to the tribal community. 

(B) Thc Hannahvillc Indian Community has thc legal authority to licensc and regulate 

any gaming activity within the jurisdction of the Hannahville Indian Community, which is not 

specifically prohibited by fcderal law. 

(C) Properly licensed and rcgulatcd gaming cnterpriscs arc in conformance with 

announced federal policy promoting Indian self-government and Indian tribal economic 

self-sufficiency. 

(D) It is essential that the Tribe through its Tribal Council regulate gaming in a manner 

comrncnsurate with applicable f'ederal and tribal law and policy. 

(E) The prescnt needs of the Hannahville Indian Community include incrcased 

employment, job and skills training, housing, hcalth care, nutrition, educational opportunities, social 

services and community and economic development, needs which are not adequately addressed by 

prcsent tribal, federal and state programs. 

(F) Tribal operation and licensing of gaming activity is a legitimate means of 

generating rcvenue to address the above described needs. 

(G) The Tribe is vigorously pursuing its goal of self-sufficiency and self-determination 

through the dcvelopment of tribal businesscs and cnterpriscs. Bccause the Hannahville Indian 

Community lacks incomc generating natural rcsourccs, the Tribe must rely on tribal business 

devclopment to raise the funds necessary to cxpand its social, health and education programs, 

incrcase employment and improve its on-rescrvation economy. This effort has rccently becomc of 

incrcased importance as a result of cutbacks in federal and state fundmg and thc incrcased costs of 

self-government. It is, therefore, esscntial that the Tribe develop ncw and cxpandcd sources of 

revenue to support its ever-increasing governmental needs and to provide much needed employment 

and training for tribal members. 

(H) As a result, the adoption of the following new and expanded gaming laws is in the 

best intercst of thc Hannahville Indian Community. 

Gaming Ordinance of the Hannahville Indian Community 

Potawatomis of Miclligan 

Gaming Ordinance 

Pagc 1 
1.2 Intent. The Hannahville Indlan Community Tribal Council, on behalf of the Hannahville 

Indian Community, dcclares that the intent of this Ordinance is to: 

(A) Regulate, control, and license thc operation of all gaming within the jurisdiction of 

the Hannahville Indian Community. 

(B) Make clear and explicit that a tribal license to operate a gaming enterprise is a 

revocable privilege, not a right or property interest. 

(C) Ensure that the operation of tribally-regulated gaming will continuc as a means of 

generating tribal revenue. 

(D) Ensure that gaming is conducted fairly and honestly by both operators and players, 

and that it rcmain liee from corrupt, incornpetcnt, unconscionable and dishonest persons and 

practices. 

(E) Promote and strengthen tribal economic development and self-determination and 

enhance employment opportunities for its members. 

(F) Ensure that all gaming revenue is used for the benefit of the Tribe and its 

community. 

(G) Ensure that the Tribe provides a fair and impartial forum for the resolution of all 

gaming disputcs. 

(H) Ensure that tribal gaming laws are strictly and fairly enforced upon all people 

involvcd in gaming activity within the jurisdiction of thc Hannahville Indian Community. 

1.3 Policy. 

(A) Hannahville Indian Community Policy of Self-Government. The Tribe is fmly 

committed to the principle of tribal self-government. Consistent with federal policy, thc Hannahvillc 

Indan Community tribal government provides a wide range of public services on the Reservation, 

including gcneral govcrnmcntal services, the rnaintcnance of peace and good order, the 

establishment of educational systems and programs, and the promotion and regulation of economic 

activitics within the sovereign jurisdiction of the Tribe. 

(B) Tribal Gaming Policy. The establishment, promotion and operation of gaming is 

necessary and dcsirable, providcd that such gaming is regulated and controlled by the Tribe pursuant 

to tribal and fcderal law and any Tribal-State compact entered pursuant to the Indian Gaming 

Regulatory Act, and that all proceeds of such gaming are uscd exclusively for the bcnefit of the 

Tribe as required by the Indian Gaming Regulatory Act and tribal law. When operated in 

accordance with the provisions of this Ordinance, such gaming will be conducive to the general 

welfare of all members of the tribe. 

Gaming Ordinance of the I-Iannahville Indian Community 

I'otawatornis of Michigan 

Gaming Ordinance 

Page 2 
(C) Tribal Regulatory Policy. Comprehensive regulation of gaming activity on the 

reservation is essential to ensure the integrity of the games and to protect the intcrests of the Tribe. 

Effective regulatory ovcrsight requires that thcre be a separation between thc regulation and 

managemcnt of tribal gaming activitics. This Ordinance placcs the rcgulation of the gaming 

operations of thc Hannahville Indan Community within the Tribal Gaming Board of Directors and 

separates the regulatory function Iiom thc managcrnent of the gaming operations. 

(D) Protection of the Environment and Public Health and Safety. Class I1 and 111 

gaming facilitics shall be constructed in a manncr that adequatcly protects thc environment and 

public health and safety. 

Gaming Ordinance of the Hannahville Indian Community 

Potawatornis of Michigan 

Gaming Ordinance 

Pagc 3 
Section 2. Definitions. 

In this Ordinance, except where otherwise specifically provided or whcre the context otherwise 

requires, the following terms and expressions shall havc the following meanings. 

2.1 "Adjusted gross proceeds" means gross proceeds less all cash prizes or the aggregate price 

of merchandise prizes, except in the casc of thc gamcs of draw pokcr and stud poker. Rcgarding games of 

draw poker and stud poker, "adjustcd gross proceeds" means the time buy-ins or tournament fees collected 

by the gaming operator. 

2.2 "Bingo" means the game of chance commonly known as bingo (whether or not clectronic, 

computer, or other technologic aids are used in connection therewith) which is played for prizes, including 

monetary prizcs, with cards bearing numbers or other designations, in which the holder of each card covers 

such numbers or designations whcn objects, similarly numbered or designated, are drawn or electronically 

determined, and in which the game is won by the first person covering a previously designated arrangement 

of numbers or designations on such cards, including (if playcd in the same location) pull-tabs, lotto, punch 

boards, tip-jars, instant bingo and other games similar to bingo. 

2.3 "Brcakage" means the remainder by which the amount payable on each dollar wagered 

exceeds a multiplc of ten cents, and in a minus pool, five cents. 

2.4 "Capital cost" means any disbursement for pcrsonal property, the useful lifc of which is 

expectcd to extend bcyond one ycar. 

2.5 "Casino" means an establishment in which scveral gaming activities or enterprises are 

operated. 

2.6 "Charitable gaming ticket" means any game piece used in the play of a paper pull tab gamc, 

or jar ticket game, or raffle. 

2.7 "Cheating" mcans operating or playing in any game in a manner in violation of the written 

or commonly understood rules of the game, with the intent to crcate for himself or someone in privily with 

him an advantage over and above the chance of the game. 

2.8 "Compact" means any gaming compact between the Tribe and the State of Michigan as 

authorized by the Indian Gaming Regulatory Act (IGRA), or by state or tribal law. 

2.9 "Compensation" means all wagcs, salaries, bonuses, and all other forms of remuneration for 

scrviccs rendered. 

2.10 "Contractual agrtxment" means any legally binding agreement made between an operator 

and another person for thc purpose of conducting any form of lawful gaming activity, or providing goods or 

services to any lawhl gaming activity or operation. 

2.1 1 "Council" or "Tribal Council" means the govcrning body of the Hannahville Indian 

Community. 

Gaming Ordinance of the Hannahville Indian Community 

Potawatomis of Michigan 

Gaming Ordinance 

Page 4 
2.12 "Educational, charitable, patriotic, veterans, fratcmal, religious, civic, or public-spirited 

usesff are: 

(A) Uses bcnefiting an indefinitc number of people by bringing them under the 

influence of educational or cultural programs. 

(B) Uses otherwise lessening the burden of the Hannahville Indian Community tribal 

govcmment. 

(C) Uses bencfiting one or more pcrsons suffcring from a scriously disabling disease or 

injury causing severe loss of income or incurring extraordinary medical expense which is 

uncompensated by insurance. 

(D) Uscs for community service projects which promote thc common good, enhance the 

social and cconomic wclfare of the community, and bencfit an indefinite number of people. 

2.13 "Eligiblc organization" means any nonprofit organization opcrated for educational, 

charitable, patriotic, vcterans, fiatcmal, religious, civic, or public-spirited purposes, or for the rclief of 

poverty, distress, or other condition on the Hannahville Indian Community lands. 

2.14 "Equipment for games of chancc" See "Gaming Apparatus." 

2.15 "Exclusive license" means a liccnse which precludes the Tribal Gaming Board of Directors 

from issuing to another a license for the samc specific form of gaming during thc life of thc exclusive license. 

An applicant must demonstrate and the Board must find that the issuance of an exclusive license is in the 

cconomic intcrest and welfare of the Tribe. 

2.16 "Games of chance" mean any game or activity which falls within the broad definition of 

gaming or gaming activity. 

2.17 "Gaming" or "gaming activity" mcans any activity, operation or game in which any valuable 

consideration is wagered upon the outcomc and which is dctennined in whole or in part by chance, skill, 

speed, strength or endurance, or any combination of strength, skill, speed or cndurance, and in which 

something of valuc is awarded to a person or persons so wagering. 

2.18 "Gaming apparatus or gaming equipment" means any device, machine, paraphernalia, or 

equipment that is used or usable in the playing phases of any gaming activity, whcther or not specifically 

designed for the purpose, but excluding tables and chairs normally used in the occupancy of any gaming 

cstablishment. 

2.19 "Gaming employee" means an employee of any tribal gaming establishment. 

2.20 "Gaming establishmcnt" means any location or structure, stationary or movable, whcre 

gaming is pcnnitted, promoted, performed, conducted, or operated. Gaming establishment does not include 

thc site of a fair, carnival, cxposition, or similar occasion. 

Gaming Ordinance of the I Iannahville Indian Community 

Potawatomis of Michigan 

Gaming Ordinance 

Pagc 5 
2.2 1 "Gross proceeds" means all money collected or received from any gaming activity. 

2.22 "Indian Gaming Regulatory Act" or "IGRA" means Public Law 100-497, 102 Stat. 2426, 

25 U.S.C. $32701, et seq. (1988), as amended. 

2.23 "Immediate Family" means, with respect to the person under consideration, a husband, wife, 

father, mothcr, son, daughtcr, brother, sistcr, father-in-law, mother-in-law, son-in-law, daughter-in-law, 

brother-in-law, sister-in-law, stcpfathcr, stepmother, stepson, stepdaughter, stepbrother, stepsister, half 

brother or half sister. 

2.24 "In privity with" means a relationship involving one who acts jointly with another or as an 

accessory before the fact to an act committed by the other or as a co-conspirator with the other. 

2.25 "IRS" means the United States lntcrnal Revenue Scrvice. 

2.26 "Key employee" means: 

(A) Any person involved in gaming under this Ordinance and who comes within or who 

performs onc or more of the following functions or dcscriptions: 

(1) Bingo callcr; 

(2) Counting room supervisor; 

(3) Chicf of security; 

(4) Custodan of gaming supplies or cash; 

(5) Floor managcr; 

(6) Pit boss; 

(8) Croupier; 

(9) Approver of credit; 

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

accounting records within such deviccs; or 

(1 1) Tribal employcc or other person with access to financial or accounting 

offices. 

(B) If not othenvisc included, any other person whose total cash compensation derived 

from gaming subjcct to this Ordinance is in exccss of $50,000 per year; or, 

Gaming Ordinance of the I Iannahville Indian Community 

Potawatomis of' Michigan 

Gaming Ordinance 

Page 6 
(C) If not othenvisc included, the four most highly compensated persons in any gaming 

activity subject to this Ordnance; or 

(D) Any employee whom the Gaming Board may, by written notice, classifL as a key 

employee. 

2.27 "License" means the official, legal, and revocable permission granted by the Gaming Board 

of Directors to an applicant to conduct a gaming activity on the tribal lands of the Hannahville Indian 

Community or the liccnse issued to a qualified employee of a tribal gaming establishment. 

2.28 "Lotto" means a form of gaming in which the proceeds derived from the sale of tickets or 

chances arc pooled and such procceds or parts thercof are allotted by chance to one or more chance takers or 

ticket purchascrs. The amount of cash prizes or winnings arc determined by the gaming opcrator conducting 

thc "lottery" and a progressive pool is permitted. Tcle-lottery means that the drawing is televised for use in a 

cable television broadcast. 

2.29 "National Indian Gaming Commission" or "Commission" means the National Indian 

Gaming Commission established by the Indian Gaming Rcgulatory Act. 

2.30 "Net Revenues" means adjusted gross revcnues less (a) amounts paid out as, or paid for 

prizes; and (b) total gaming related operating expenses, excluding management fees. 

2.3 1 "Operator" means a person who has obtained a gaming license under this Ordinance or who 

is otherwise pcrmitted by this Ordinance to perform, promote, conduct, or operate any lawful gaming activity 

on tribal lands at a gaming establishment. 

2.32 "Ordinance" means thc Hannahville Indian Community Gaming Ordinancc as amcnded. 

2.33 "Participate" or "Participation" or "Participating" in any gaming activity means to opcrate, 

direct, finance or in any way assist in the establishment of or operation of any class of gaming on any sitc at 

which such gaming is being conducted, drectly or indirectly, whether at the site in person or off the 

Reservation. 

2.34 "Person" means any individual, partnership, joint vcnture, corporation, joint stock company, 

company, fm, association, trust, estate, club, business trust, municipal corporation, society, receiver, 

assignee, trustee in bankruptcy, political entity, and any owner, director, officer or employce of any such 

entity, or any group of indviduals acting as a unit, whethcr mutual, coopcrativc, fraternal, nonprofit, or 

othenvisc, the govemmcnt of the Tribe, any govemmcntal entity of the Tribe, or any of the abovc listed 

forms of business entities that are wholly owned or operated by the Tribe; provided, however, that the term 

docs not include Lhc federal government and any agency thercof. 

2.35 "Player" means a person participating in any game, but does not include a gaming operator, 

or any assistant of an operator. 

2.36 "Primary Management Official" means 

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

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Potawatomis of Michigan 

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(B) Any person who has authority: 

(1) To hirc and fire gaming employees; or 

(2) To set up working policy for a gaming enterprise; or 

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

responsibility for a gaming activity. 

2.37 "Progressive gaming" means any game in which a cash prizc which, not being won by any 

player during any game, is retaincd and further monetarily enhanced by the opcrator or eligble organization, 

and offcred as a prize to playcrs in the next game. 

2.38 "Pull-tabs punchboards and tip jars" means any lsposable card, board, ticket or display 

which accords the player an opportunity to win something of value by opening, pulling, detaching or 

otherwise removing or uncovering tabs or covcrs from the card, board, ticket or display to revcal a sct of 

numbers, lettcrs, symbols, configurations, or combinations thereof which havc been previously specified as a 

winning combination. 

2.39 "Raffle" means any gaming in which each player buys a ticket for a chance to win a prize 

with the winner determined by a random method. "Raffle" does not include a slot machine. 

2.40 "Reservation" means all lands within the original confines of thc Hannahville Inhan 

Community, rescrved to thc Tribe by purchase pursuant to the Act of June 30, 1913 (38 Stat 102), and other 

lands added thereto by Executive Order, federal statute or other legal action. 

2.4 1 "State" means the State of Michigan. 

2.42 "Gaming Board" means the Hannahville Indian Community Tribal Gaming Board of 

Directors described in Section 4 of this Ordinance. 

2.43 "Tribal Court" means the Tribal Court of the Hannahville Indian Community. 

2.44 "Tribe" means the Hannahville Indian Community Potawatomis of Michigan. 

2.45 "Twenty-one", also known as "blackjack," means a card game played by a maximum of 

seven playcrs and onc dealcr whcre each player plays his hand against the dealer's hand with the object of 

obtaining a higher total card value than the dealer by reaching 2 1 or as closc to 2 1 as possible without 

exceeding that count. The cards have thc following valuc: 

(A) Aces count eithcr one or 1 1, at the player's option. 

(B) Kings, qucens, and jacks each have a count of ten. 

(C) All other cards are counted at their face value. 

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Potawatomis of Michigan 

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2.46 "Wager" means the bet made or consideration or value given by a player in any game. 

2.47 "Wagering Office" means any location within tribal lands at which wagers are placcd or 

accepted by an operator. 

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Section 3. General Provisions. 

3.1 Authority and Sovereign Powers and Responsibilities. This Ordinancc is enacted 

pursuant to the inherent sovereign powers of the Tribe and the powers expressly dclegated to the 

Hannahville Indian Community Tribal Council in Article V of the Tribal Constitution. 

3.2 Hannahville Indian Community's Tribal Policy of Self-Government. Thc Tribc is 

firmly committed to the principal of tribal self-government. Consistent with federal policy, tribal 

government provides a wide range of public scrvices on thc Reservation, including general governmental 

services, the maintenance of peace and good ordcr, the establishment of educational systems and programs, 

and the promotion and regulation of economic activities within the sovereign jurisdiction of the Tribe. 

3.3 Application of Federal Policy. In 1970, President Nixon announced that it was the policy 

of the United States government to promotc self-dctcnnination for Indian tribes. At thc heart of this policy is 

a commitment by the fedcral govcmment to foster and encouragc tribal self-government, economic 

dcvelopment and self-sufficiency. That commitment was signed into law in 1975 as thc Indian 

Self-Determination and Education Assistance Act, Public Law 93-638, 88 Stat. 2203,25 U.S.C. §§ 

450-450n. In 1983, President Rcagan reaffirmed that commitment in his Indian Policy Statement, 

encouraged tribcs to reduce their dependence on federal funds by generating more of their own revenues, and 

pledged to assist tribcs in that endeavor. 

In 1988 the fedcral comrnitmcnt to prornotc tribal economic dcvelopment, tribal self-sufficiency, and 

strong tribal government was expressly legislated in thc IGRA, which recognized the inhcrent sovereign 

right of tribes to operatc and their exclusivc right to regulate on lndian lands gaming which is not specifically 

prohibited by fedcral law and is conducted within a state which does not, as a matter of criminal law and 

public policy, prohibit such gaming, and provided a fedcral statutory basis for operation and regulation of 

Indian gaming. 

The federal commitment was furthered in 1988 by passagc of the lndian Gaming Regulatory Act 

("IGRA"). Public Law 100-497, 102 Stat. 2426, 25 U.S.C. gS2701, et seq. (1988), through which the 

federal government recognized the inherent sovereign right of tribes to conduct and regulate gaming on their 

reservations and preempted state authority in the area of Indian gaming. 

3.4 Title, Repeal of Prior Laws, and Effect of Repeal. This Ordinance may be cited as the 

Hannahvillc Indian Community Gaming Ordinancc. Thc Ordinancc shall be appropriately inserted in the 

Hannahville Indian Community Tribal Code of the Hannahville lndian Community. 

All titles, chapters, and scctions of the Tribal Gaming Ordinancc of thc Hannahville In&an 

Community which pertain to gaming, and are in effcct as of thc date that this Ordinance becomes operative, 

are hercby repcaled, and all other laws, or parts thcreof, inconsistent with the provisions of this Ordinance 

arc hereby repcaled. 

Rcpeal of this Ordinance or any portion thercof shall not have the clTect of reviving any prior tribal 

law, Ordinancc, or Resolution thcretofore repcaled or suspended. 

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3.5 Classes of Gaming. Therc arc three classes of gaming on Indian lands undcr this 

Ordinance. Class I, Class I1 and Class 111 are the three classes of gaming that are authorized by the 

Hannahville Indian Community through this Ordnance. These three classcs of gaming may only be 

conducted on "Indian lands" as defined by thc Indian Gaming Regulatory Act at 25 U.S.C. $2701(5). These 

games are clearly defincd as: 

(A) "Class I Gaming" means social gaming solcly for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with . 

tribal cercmonics or celebrations. 

(B) "Class I1 Gaming" means 

(I) Thc game of chance commonly known as bingo (whether or not electronic, 

computer, or other technologic aids are used in connection thercwith), which is played for 

prizes, including monetary prizes, with cards bearing numbers or other designations, in 

which thc holder of thc card covcrs such numbers or dcsignations when objects, similarly 

numbered or designated, are drawn or electronically determined, and in which the game is 

won by thc first person covering a previously dcsignated arrangement of numbers or 

designations on such cards, including (if played at thc same location) pull-tabs, lotto, punch 

boards, tip jars, instant bingo and other games similar to bingo; and 

(2) All card games operated by the Tribe prior to May 1, 1988. 

(3) All other card games explicitly authorized or not explicitly prohibited by 

thc laws of the State and which are played at any location in the Statc if playcd in 

conformity with State laws and regulations regarhng hours or periods of operation of such 

card games or limitations on wagers or pot size in such card games. 

(4) The term "Class 11 Gaming" does not includc any banlung card games that 

were not operated by thc Tribe prior to May 1, 1988; or any electronic or clectrornechanical 

facsimiles of any game of chance or slot machine of any kind. 

(C) "Class 111 Gaming" means all forms of gaming that are not Class I or Class 11 

gaming. 

3.6 Construction. In construing the provisions of this Ordinance, unless the context otherwise 

requires, the following rules shall apply: 

(A) This Ordinance shall be liberally construed to affect its purpose and to promote 

substantial justice. 

(B) Words in thc prcsent tense includc the future and past tenses. 

(C) Words in the singular number includc the plural, and words in thc plural number 

include the singular. 

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(D) Words of the masculine gender or ncuter include masculine and feminine genders 

and the ncuter. 

3.7 Savings Clause. If any section of this Ordinance is invalidated by a court of compctent 

jurisdiction, the remaining sections shall not be affected thercby. 

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Potawatomis of Micliigan 

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Section 4. Tribal Gaming Board of Directors (the Board). 

4.1 Establishment. The Hannahville Indian Community Tribal Council hereby charters, 

creates and establishes the Hannahville Indian Community Tribal Gaming Board of Directors as a 

governmental subdivision of the Tribc whose powcrs include the regulation of all gaming operations located 

on the lands of the Hannahville lndian Community. The Hannahville Indian Community Tribal Gaming 

Board of Directors may be referred to in this Ordinance as the Tribal Gaming Board. 

4.2 Location and Place of Business. Thc Tribal Gaming Board shall bc a resident of and 

maintain its headquarters, principal place of busincss and office on the lands of the Hannahville Indian 

Community. The Tribal Gaming Board may, howevcr, establish other places of busincss in such other 

locations as the Tribal Gaming Board may from time to time determine to be in the best interest of the Tribc. 

4.3 Duration. The Tribal Gaming Board shall have perpetual existence and succession in its 

own name, unless lssolvcd by the Tribal Council pursuant to Tribal law. 

4.4 Attributes. As a governmental subdivision of the Tribe, the Tribal Gaming Board has been 

dclegated the right to exercise one or morc of the substantial governmental functions of the Tribe including 

regulation of tribal gaming pursuant to the IGRA and tribal law. It is the purpose and intent of the Tribal 

Council in creating thc Tribal Gaming Board that the operations of the Tribal Gaming Board be conducted 

on behalf of the Tribe for the sole benefit and interests of the Tribe, its members, and the residents of the 

Hannahville Indian Community. In carrying out its purposcs under this Ordinance, the Tribal Gaming Board 

shall function as an indcpendent regulatory arm of the Tribc. Notwithstanding any authority delegated to the 

Tribal Gaming Board under this Ordinance, the Tribe reserves to itself the right to bring suit against any 

person or entity in its own right, on behalf of the Tribe or on behalf of the Tribal Gaming Board, whencver 

the Tribc deems it ncccssary to protect the sovereignty, rights and interests of the Tribe or thc Tribal Gaming 

Board. 

4.5 Recognition as a Political Subdivision of the Tribe. The Tribe, on bchalf of the Tribal 

Gaming Board, shall take all necessary steps to acquirc recognition of the Tribal Gaming Board as a political 

subdivision of the Tribc, recognized by all branches of the United Statcs Government as having been 

dclegated thc right to exercise one or morc substantial governmental functions of the Hannahville Indian 

Community. 

4.6 Sovereign Immunity of the Tribal Gaming Board. The Tribal Gaming Board is hcreby 

clothed with all the privileges and immunities of the Tribc. Except as provided in section 4.7, nothing in this 

Ordmance nor any action of the Tribe or the Tribal Gaming Board shall be dcemed or construed to be a 

waivcr of sovereign immunity from suit of the Tribal Gaming Board, or to be a consent of thc Tribe or the 

Tribal Gaming Board to the jurisdiction of the Unitcd States or of any state or any othcr tribe with regard to 

the business or affairs of the Tribe or the Tribal Gaming Board nor conscnt to any cause of action, case, or 

controversy, nor to thc levy of any judgment, lien or attachment upon any property of the Tribe or thc Tribal 

Gaming Board, or to be a consent of the Tribe or the Tribal Gaming Board to suit in respect to any Indian 

land, or to be a consent of the Tribe or the Tribal Gaming Board to the alienation, attachment, or 

encumbrance of any such land. 

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Potawatomis of' Michigan 

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4.7 Waiver of Sovereign Immunity of the Tribal Gaming Board. sovcreign immunity of the 

Tribal Gaming Board may be waivcd only by exprcss resolutions of both the Board and the Tribal Council 

alter consultation with its attorncys. A11 waivcrs of sovereign immunity must be preserved by resolutions of 

the Tribal Gaming Board and thc Tribal Council of continuing force and effect. Waivers of sovereign 

immunity are dsfavorcd and shall bc granted only when necessary to secure a substantial advantage or 

benefit to the Tribal Gaming Board. Waivers of sovereign immunity shall not be gcneral but shall bc 

specific and limited as to duration, grantee, transaction, property or funds, if any, of thc Tribal Gaming 

Board subject thereto, court having jurisdiction pursuant thercto and law applicable thercto. Neither the 

power to sue and be sued provided in Subsection 4.18(Y), nor any express waiver of sovereign immunity by 

resolution of the Tribal Gaming Board shall be dccmed a conscnt to thc levy of any judgment, lien or 

attachment upon property of the Tribal Gaming Board other than property specifically pledged or assigned, 

or a consent to suit in respect of any land within the exterior boundaries of the Hannahville Indan 

Community or a consent to thc alienation, attachment or encumbrance of any such land. 

4.8 Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe as a ' federally-recogniz Indian tribc with respect to the existence and activities of the Tribal Gaming Board are 

hereby cxpressly reserved, including sovereign immunity from suit in any state, federal or tribal court. 

Nothing in this Ordinance nor any action of the Tribal Gaming Board shall be dccmed or construed to be a 

waivcr of sovereign immunity from suit of the Tribe, or to be a consent of the Tribe to thc jurisdiction of the 

United States or of any state or of any other tribe with regard to the business or affairs of the Tribal Gaming 

Board or the Tribe, or to be a conscnt of the Tribe to any cause of action, case or controvcrsy, or to the lcvy 

of any judgment, lien or attachment upon any property of the~ribe; or to be a consent to suit in respect to 

any Indan land, or to bc a conscnt to the alicnation, attachment or encumbrance of any such land. 

4.9 Credit of the Tribe or Tribal Gaming Board. Nothing in this Ordinance nor any activity 

of thc Tribal Gaming Board shall implicate or any way involve the credit of the Tribe or the Tribal Gaming 

Board. 

4.10 Assets of the Tribal Gaming Board. Thc Tribal Gaming Board shall have only those 

assets specifically assigned to it by the Council or acquired in its name by thc Tribc or by the Tribal Gaming 

Board on its own bchalf. No activity of the Tribal Gaming Board nor any indebtedness incurred by it shall 

implicate or in any way involve or effect any assets of tribal members or the Tribe not assigned in writing to 

the Tribal Gaming Board. 

4.1 1 Membership. 

(A) Number of Members of the Tribal Gaming Board of Directors. Thc Tribal 

Gaming Board of Directors shall bc comprised of seven (7) &rectors elccted by the tribal 

membership at regularly scheduled tribal elections. No person may simultaneously sit on both the 

Tribal Council and the Tribal Gaming Board. 

(B) Qualification of Directors. Each Dircctor must be a member of thc Tribe and 

reside on tribal lands. No mcmber of the Tribal Gaming Board may work in a gaming facility 

operated on tribal lands whilc a member of the Tribal Gaming Board. All Tribal Gaming Board 

Directors are prohibited from playing gamcs in a gaming facility operated on thc lands of the 

Hannahville Indian Community. 

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(C) Background Check. Prior to the time that any Tribal Gaming Director takes ofice 

on the Board, the Tribe shall perform or arrange to have performed a comprehensive background 

check on each prospective membcr. No person shall serve as a Board member if 

(1) His prior activities, criminal record, if any, or rcputation, habits or 

associations: 

(a) Pose a thrcat to the public interest; or 

(b) Thrcaten the effective regulation and control of gaming; or 

(c) Enhance the dangers of unsuitable, unfair, or illegal practices, 

methods, or activities in the conduct of gaming; or 

(d) He or she has becn convictcd of or entered a plca of no contest to a 

felony, a gambling-rclated offcnse, or a misdemeanor involving 

fraud or misrepresentation. 

(2) The Director or candidate for Director has been convicted of or entered a 

plea of no contest to any offcnse not specified in part (C)(l)(d) of this Section in any 

jurisdiction within thc last five (5) years; this provision shall not apply if that person has 

been pardoned by the Governor of the Statc where the conviction occurred or if a tribal 

member has been determined by the Tribe to be a pcrson who is not likcly again to engagc 

in any offensive or criminal course of conduct and the public good does not require that the 

Board Member bc denied a position on the Board. 

(3) He or any member of his immediate family has a financial intcrest in any 

gaming enterprise, activity or facility. 

(4) Any tribal mcmber who secks office on the Tribal Gaming Board of 

Directors must have a completed background check and must be approved to sit on thc 

Board before he or she may be placcd upon the gcneral election ballot for the Board. 

(D) Date of Appointment. Thc members of the Tribal Gaming Board shall take office 

no later than ten (10) days afler the most recent tribal elcction. All mcmbcrs of thc Tribal Gaming 

Board shall sign a confidentiality agreement before taking office. Breach of the confidentiality 

agreement may result in removal from the Board pursuant to an action for removal undcr this 

Ordinancc. 

The Council's appointment of any Tribal Gaming Board member when a vacancy on thc 

Board occurs shall be by resolution. The new Dircctor appointed shall be that pcrson who obtaincd 

the most votes among the rcmaining qualified candidates for the seat at the most reccnt Tribal 

Gaming Board election. 

4.12 Term of Office. Each Board member shall serve a term of (2) years. Three (3) Directors 

shall have their tcrms expire in an odd numbercd ycar and four (4) directors shall have their terms expire on 

Gaming Ordinance of the Hannahville Indian Community 

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Gaming Ordinance 

Pagc 15 
an even numbered year. At the expiration of a term, there shall be a general election held in conjunction with 

other tribal oficcs to fill any vacant seats. 

4.13 Ex-Officio Members. Upon agreement between the Tribal Gaming Board and the Tribal 

Council, a person who may significantly increase thc cffcctiveness of the Tribal Gaming Board may 

participate, without vote, in Tribal Gaming Board meetings. 

4.14 Meetings. 

(A) Regular Meetings. Thc Tribal Gaming Board shall hold at least two (2) regular 

monthly meetings which shall takc place on the first and third Wednesday of each month, or as 

othewise determined by the Tribal Gaming Board. 

(B) Special Meetings. Special meetings may be called at the request of the Tribal 

Council, the Chairman or Vice Chairman of the Tribal Gaming Board or four (4) or morc members 

of thc Tribal Gaming Board with notice to all mcmbers properly gven and with either the Board 

Chairperson or Vice Chairperson present. 

(C) Compensation of Directors. An honorarium may be paid for attendance at each 

meeting. 

(D) Quorum. A quorum for all mcetings shall consist of four (4) members. 

(E) Voting. All questions arising in connection with the action of the Tribal Gaming 

Board shall be decided by majority vote. The Chairman of the Tribal Gaming Board shall only be 

entitlcd to vote to break a tie. 

4.15 Organization. The Tribal Gaming Board shall dcvelop its own operating procedures and 

shall clect from within itself a Chairman to lrect meetings, a rcporter to be responsible for keeping Tribal 

Gaming Board minutes and transmitting to the Tribal Council a copy of thosc minutes not determined to be 

confidential, handling correspondence and reporting Tribal Gaming Board decisions and such other officers 

as it deems advisable. 

4.1 6 Removal of Members or Vacancies. 

(A) Removal. A Director may be removed by the Council for serious inefficiency, 

neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or for any conduct 

which threatens the honesty or integrity of thc Tribal Gaming Board or othenvisc violates the lettcr 

or intent of this Ordinance. Except as provided below, no Dircctor may be removed without notice 

and an opportunity for a hearing before the Council, and then only after thc Director has been givcn 

written notice of thc specific charges at lcast ten (10) days prior to such hearing. At any such 

hearing, the Director shall have the opportunity to be heard in person or by counsel and to present 

witnesses on his behalf. If the Council detcrmines that immediate removal of a Director is necessary 

to protect the interests of the Tribe, thc Council may immediately rcmove thc Director temporarily, 

and the question of permanent removal shall be determined thereafter pursuant to Tribal Gaming 

Board hearing procedures. A written record of all removal proceedings togcther with the charges 

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Potawatomis of Michigan 

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and findings thereon shall bc kept by the Tribal Secretary. The decision of the Council upon the 

removal of a Director shall be final. 

(B) Vacancies. If any Director shall die, rcsign, be removcd or for any rcason be 

unable to serve as a Director, the Council shall dcclare his position vacant and shall appoint another 

person to fill the position by resolution. Thc tcrms of ofice of cach person appointed to replacc an 

initial Director shall be for the balance of any unexpired term for such position, provided, however, 

that any prospective appointee must meet the qualifications established by this Ordinance. 

4.17 Conflict of Interest. No person shall scrvc as a Director if hc or any member of his 

irnrnedlate family has a financial interest in any gaming cnterprise, or if hc has any business, personal or 

legal relationship which creates a conflict of interest with his duties and responsibilitics as a Director. 

4.18 Powers of the Tribal Gaming Board. In furtherance, but not in limitation, of the Tribal 

Gaming Board's purposes and responsibilities, and subject to any restrictions contained in this Ordinancc or 

other applicable law, the Tribal Gaming Board shall have and is authorized to exercise by majority vote, the 

following powers in addition to all powers already conferred by this Ordnance: 

(A) To regulate all day-to-day gaming activity within the jurisdiction of the Tribe. 

(B) To promote the full and proper enforcement of all tribal civil and criminal gaming 

laws and policics. 

(C) Repealed. 

(D) To cnact and enforcc such rules and regulations regarding its activities and 

governing its internal affairs as the Tribal Gaming Board may deem necessary and proper to 

effectuate the powers granted by this Ordinance and the powers granted and duties imposcd by 

applicable law. 

(E) To publish and dstribute copies of this Ordmance and Tribal Gaming Board rulcs 

and any Council, Tribal Gaming Board or Tribal Court decisions regarding gaming matters. 

(F) Repealed. 

(G) To work with the staff of any tribal department, program, project, or operation and 

to coopcrate with thc Tribal Council or any Council Committee in regard to gaming issues. 

(H) To arrange for and drect such inspcctions and investigations as it deems necessary 

to ensure compliance with this Ordinance and implementing regulations. In undcrtalung such 

investigations, the Tribal Gaming Board may requcst the assistance of tribal gaming staff, federal 

and local law cnforcernent officials, legal counsel and other third parties. 

(I) To make or cause to be made by its agents or employees, an examination or 

investigation of the placc of business, cquipment, facilities, tangible personal properly, and the 

books, records, papers, vouchers, accounts, documents, and financial statements of any game or 

gaming activity operating, or suspected of operating, within the jurisdiction of the Tribc. In 

Gaming Ordinance of the Hannahville Indian Community 

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Pagc 17 
undertaking such examination or investigation, the Tribal Gaming Board may request the assistance 

of tribal gaming staff, federal and local law officials, lcgal counsel, and other third parties. 

(J) To maintain and keep current a record of new developrncnts in the area of Indian 

gaming. 

(K) To conduct gaming hearings, dcfinc tcrms uscd in this Ordinance or other tribal 

laws, to seek such assistance as necessary or proper. Any decision made outside the scope of the 

Tribal Gaming Board's authority may be appealed to the Tribal Court. 

(L) To consider any gaming regulatory matter brought before it by any pcrson, 

organization or business, and all regulatory matters referred to it by the Tribal Council. 

(M) To obtain and publish a summary of federal revenue laws relating to gaming and to 

insure compliance with thc same. 

(N) To arrange for training of Tribal Gaming Board members, tribal cmployces and 

others in areas relating to the regulation or opcration of gaming. 

(0) To employ such advisors as it may deem necessary to enforce all applicable gaming 

regulatory laws. 

(P) To make rccommendations to the Council on the hiring of the general manager 

based upon the duties the Tribal Gaming Board has under tribal law. 

(Q) To promulgate and interpret rules and regulations to implement and further the 

provisions of this Ordinance. 

(R) To approve or disapprove any application for a tribal gaming license. 

(S) To consult with and make recommcndations to the Tribal Council regarding 

changcs in tribal gaming laws and policies. 

(T) Reserved for future use. 

(U) When necessary or appropriate, to request the assistance and utilize the services of 

thc courts, law enforcement and government officials and agencies, and private parties, in cxcrcising 

its powers and canying out its rcsponsibilities. 

(V) To cxarninc under oath, orally or in writing, any pcrson or agent, officer, or 

employee of any person, with rcspcct to any matters related to this Ordinance. 

(W) To delegate to an individual mcmbcr of the Tribal Gaming Board or to the Tribal 

Gaming Board staff, such of its functions as may be necessary to adrninistcr these ordinances 

efficiently; and provided further, that the Tribal Gaming Board may not dclegate its power to 

promulgate rules and regulations. 

Gaming Ordinance of the Hannahvillc Indian Community 

Potawatomis of Michigan 

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Page 18 
(Xj To close permancntly, after notice and a hearing, any gamc or games which arc 

operating in violation of federal or tribal law. 

(Y) To sue or be sued in courts of competent jurisdiction within the United States and 

Canada, subject to the provisions of this Ordinance and other tribal laws rclating to sovcrcign 

immunity; provided, that no suit shall be brought, nor immunity waivcd, by the Tribal Gaming 

Board without thc prior explicit written approval of the Tribal Council. 

(Z) To use the seal of the Hannahville Indan Community with the approval of thc 

Tribal Council. 

(AA) Repealed. 

(AB) To approve or disapprove any leasc, mortgage, pledgc, exchange, sale, conveyance, 

or transfer of property that may be subject to fedcral or tribal law. 

(AC) Repealed. 

(AD) Repealed. 

(AE) To arbitrate, compromise, negotiate or settle any dispute to which it is a party 

rclating to the Tribal Gaming Board's authorized activities. 

(AF) The Tribal Gaming Board may cnlist the assistance of any cntity or party necessary 

to carry out the provisions of this Ordinance.- 

(AG) Repealed. 

(AH) Repealed. 

(AI) Repealed. 

(AJ) To establish and maintain such bank accounts as may bc necessary or convenicnt. 

(AK) To engagc in any and all activities which dircctly or indirectly carry out the 

purposcs of regulating gaming activity on the Hannahville Indian Reservation as set forth in this 

Ordinance and othcr applicable federal or tribal law. 

(AL) Repealed. 

(AM) To exercise all authority delegated to it or conferred upon it by law and to takc all 

action which shall be reasonably necessary and proper for carrying into execution thc foregoing 

powcrs and all of the powers vested in this Ordinance as permitted by the purposcs and powcrs 

hcrein stated and which are deemed to be in the best interests of the Tribe, exercising prudent 

managcrnent and good business judgment, all in compliance with applicable law. 

Gaming Ordinance of the Mannahville lndian Community 

Potawatomis of Michigan 

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(AN) The foregoing powers (AB-AM) may bc cxercised without Tribal Council approval 

providcd that function is regulatory in naturc. 

(AO) To require by regulation, thc filing of any records, forms and reports, and all other 

information for implementation of this Ordmance relating to any gaming activity or operation or any 

investigation as required by tribal law and the IGRA. 

(AP) Thc Tribal Gaming Board shall directly oversee all surveillance at all gaming 

operations. The Dircctor of Surveillance shall prepare a weekly report for the Tribal Gaming Board. 

Thc Tribal Gaming Board shall employ an Intcrnal Auditor who shall only report to the Tribal 

Gaming Board. Surveillance and the Internal Auditor shall be given direction to completc thcir 

assigncd duties but only to thc cxtcnt of the regulatory powers of the Tribal Gaming Board. 

(AQ) The Tribal Gaming Board shall verifL the quantities and destination of all 

documentation forms before use within a gaming facility. Thcse forms include payout slips, chip 

transfer forms, cage accountability forms, bingo inventory forms, etc. The Tribal Gaming Board 

shall documcnt and maintain records of all forms issucd. 

(AR) To provide for an internal system of rccord kecping with adcquatc safeguards for 

preserving confidentiality as deemcd ncccssary by the Tribal Gaming Board. All applications, 

background investigations on primary management officials or kcy cmployecs and Tribal Gaming 

Board decisions shall be retained in Tribal Gaming Board files for a period of at least three (3) ycars 

fiom the date of termination of employment or final decision by the Gaming Board. 

(AS) To adopt a schcdule of fees to be charged for gaming licenses issued pursuant to 

this Ordinance. 

(AT) To adopt a schedule of fees and charges for services rendered relating to transcripts 

and the furnishing or certifying of copies of proceedings, filcs, and rccords. 

(AU) To supervise, inspect and regulate all gaming activities within the jurislction of the 

Tribe. 

(AV) To promote the fill and proper enforcement of this Ordinance and othcr applicable 

law regarding gaming activities within the jurisdiction of the Tribe. 

(AW) Repealed. 

(AX) Thc Tribal Gaming Board shall do all background investigations for potential 

employees. Records of investigations shall be maintained with the Tribal Gaming Board for a 

minimum period of three (3) years following termination of employment. Any breach of 

confidentiality by a member of the Gaming Board, outsidc any conveyance of information 

authorized by law, shall result in removal &om the Gaming Board pursuant to the rules governing 

removal of a Director contained within this Ordinance. 

(AY) To compel obedience of its lawful orders by proceedings of mandamus or 

injunction or other propor proceedings in the name of the Tribe in Tribal Court or in any othcr court 

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Potawatomis of Michigan 

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having jurisdiction of the parties and of the subject matter; provided that no suit shall bc brought by 

the Tribal Gaming Board without the prior explicit written approval of the Tribal Council aftcr 

consultation with the Tribal attorneys. 

(AZ) To discipline any licenscc or othcr pcrson participating in any gaming activity by 

ordering immediate compliance with this Ordinance or Tribal Gaming Board regulations and to 

issuc an ordcr of temporary suspension of any licensc issued undcr this Ordinance, whenever the 

Tribal Gaming Board is notified of a violation by any such pcrson of this Ordinance or any other 

applicable law. 

(BA) To issue an order of temporary closure of any gaming activity or operation in the 

event the Tribal Gaming Board determines that immediate closure is neccssary to protect assets or 

interests of the Tribe, pursuant to Tribal Gaming Board regulations, or whcncvcr the Tribal Gaming 

Board shall receive information from the National Indian Gaming Commission that a primary 

managemcnt oficial or kcy employcc docs not mcct the standards for being liccnscd under the 

IGRA. 

(BB) To become self-regulating, if the Tribal Council elects to do so, whenever the Tribe 

becomcs eligiblc for a certificate of sclf-regulation under the IGRA. 

(BC) To interact with other regulatory and law enforcement agencies regarding the 

regulation of gaming. 

(BD) To providc indcpcndcnt information to the Tribal Council on the status of the 

Tribe's gaming activities. This report shall include a monthly report to thc Tribal Council that 

informs the Council as to the health of the gaming operations from a regulatory perspcctivc. 

(BE) To approve and implement the Tribc's internal controls standards or procedures for 

thc gaming operation. 

(BF) To establish standards for and issuc liccnses or permits to persons or entitics that 

deal with thc gaming operation such as manufactures and suppliers of machines, cquiprnent, 

supplies, and services. 

4.19 Annual Budget. The Tribal Gaming Board shall prcparc an annual operating budgct for all 

Tribal Gaming Board activities and present it to the Tribal Council. The Gaming Board shall bc funded 

annually by the Hannahville Indian Community to a level that allows it to adequately carry out its obligations 

under this Ordinance. 

4.20 Tribal Gaming Board Regulations. 

(A) Tribal Gaming Board regulations ncccssary to carry out thc orderly performance of 

its duties and powers shall include, but shall not be limited to thc following: 

(1) Internal operational procedures of the Tribal Gaming Board and its staff; 

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(2) Interprctation and application of this Ordinance as may be necessary to 

carry out the Tribal Gaming Board's dutics and exercise its powers; 

(3) A regulatory system for all gaming activity, including accounting, 

contracting, management and supervision; 

(4) The findings of any rcports or other information required by or necessary 

to implement this Ordinance; and 

(5) The conduct of inspections, investigations, hearings, enforcement actions 

and other powers of thc Tribal Gaming Board authorizcd by this Ordinance. 

(B) No regulation of thc Tribal Gaming Board shall be of any force or cffcct unless it is 

adopted by the Tribal Gaming Board by a writtcn resolution and filed for record in the Office of the 

Tribal Secretary and in the Office of the Clerk of the Tribal Court. 

(C) The Tribal Court and any other court of competent jurisdiction shall take judicial 

notice of all Tribal Gaming Board regulations adopted pursuant to this Ordinance. The Tribal Court 

may invalidate a Gaming Board Regulation that is not within the scope of authority of the Tribal 

Gaming Board. 

4.21 Right of Entrance; Monthly Inspection. Thc Tribal Gaming Board and duly authorized 

officers and cmployees of the Tribal Gaming Board, during regular business hours, may cntcr upon any 

premises of any gaming operator or gaming establishment for the purpose of making inspections and 

examining the accounts, books, papers, and docurncnts, of any such gaming operator or gaming 

cstablishment. Such gaming operator shall facilitate such inspection or examinations by giving every 

reasonable aid to the Tribal Gaming Board and to any propcrly authorizcd officers or cmployccs. 

A Director or a mcmber of the Tribal Gaming Board's staff shall visit each tribally-owned or 

tribally-operated gaming establishment at least once every two wccks during normal busincss hours for the 

purpose of monitoring its operation. Such visits shall be unannounced. 

4.22 Investigations. The Tribal Gaming Board, upon complaint or upon its own initiative or 

whcncver it may deem it necessary in the performance of its dutics or the exercise of its powers, may 

investigate and examine the operation and prcmises of any person who is subject to the provisions of this 

Ordinance. In conducting such investigation, the Tribal Gaming Board may proceed either with or without a 

hearing as it may deem best, but it shall make no ordcr without affording any affccted party notice and an 

opportunity for a hearing pursuant to Tribal Gaming Board rcgulations. 

4.23 Hearings, Examiner. Pursuant to regulations, the Tribal Gaming Board may hold any 

hearing it deems to bc reasonably required in administration of its powers and duties under this Ordinance. 

Whenever it shall appear to the satisfaction of the Tribal Gaming Board that all of the interested parties 

involved in any proposed hearing have agrccd concerning the matter at hand, thc Tribal Gaming Board may 

issue its order without a hearing. 

The Tribal Gaming Board may designate one of its mcmbers to act as examiner for the purpose of 

holdmg any such hearing or the Tribal Gaming Board may appoint another person to act as examiner under 

Gaming Ordinance of the Hannahville Indian Community 

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subsection 4.24 bclow. The Tribal Gaming Board shall provide reasonable notice and thc right to present 

oral or written testimony to all pcople interested therein as determined by thc Tribal Gaming Board. 

4.24 Appointment of Examiner; Power of Examiner. Thc Tribal Gaming Board may appoint 

any person qualified in the law or possessing knowledge or expertise in the subject matter of the hearing to 

act as cxamincr for the purpose of holding any hcaring which the Tribal Gaming Board, or any membcr 

thcrcof, has power or authority to hold. Any such appointmcnt shall constitute a dclcgation to such 

examiner of all powers of a Director under this Ordinance with respect to any such hearing. 

4.25 Tribal Gaming Board as the Final Authority on Gaming Regulation. The Tribal 

Council may not overturn a decision by the Tribal Gaming Board concerning a regulatory matter. The Tribal 

Gaming Board shall have the authority conveyed upon it by this Orhance to interpret and enforce all 

applicable laws that effect the regulation of the gaming operations of the Hannahville Indian Community. 

Only the Tribal Court may revcrsc or remand a decision of the Tribal Gaming Board upon a petition to the 

Tribal Court and after a hearing. Only those decisions of the Tribal Gaming Board that are outside of the 

scope of authority of thc Board may bc reviewed.- 

4.26 Quarterly Report of Tribal General Manager Reports. The Tribal Gaming Board shall 

file a narrative quarterly regulatory rcport to thc Council summarizing rcports received ftom each managcr of 

any tribally-owned or tribally-managed gaming establishment, provided that such information is not 

privilcgcd, making such comments as it deems necessary to kccp thc Council fully informed as to the status 

of its various gaming operations. 

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Potawatomis of Michigan 

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Section 5. Gaming Enterprise Licenses. 

5.1 Applicability. This Ordnance applics to all persons engaged in gaming within thc 

jurisdiction of thc Tribe. Any application for a license pursuant to this Ordinance and participation in any 

gaming activity within the jurisdiction of thc Tribe shall be deemed to bc a consent to thc jurisdiction of the 

Tribe and the Tribal Court in all matters arising from the conduct of such gaming, and all matters arising 

under any of the provisions of this Ordinance or other tribal laws. 

5.2 License Required. No person shall operate Class I1 or Class I11 gaming within the 

jurisdiction of thc Tribc unless such gaming is licenscd by the Tribe. 

5.3 No License Requirement for Class I Gaming. A tribal license shall not be required for 

any Class I gaming activity or operation to the extent that it is not in competition with Tribal Gaming 

enterprises. 

5.4 Types of Licenses. The Tribc shall issue each of thc following types of gaming liccnscs: 

(A) Tribally-Owned or Tribally-Operated Class 11. This liccnsc shall be required of 

all tribally-owned or tribally-operated gaming enterprises operating one or morc Class I1 gamcs of 

chancc. 

(B) Tribally-Owned or Tribally-Operated Class 111. This license shall be required 

for all tribally-owned or operated gaming cnterprises operating any gaming othcr than Class I or 

Class 11 gaming. 

5.5 Application Procedures. 

(A) Application for Gaming License. For any proposed Class I1 or Class I11 gaming 

activity, thc Council shall filc with the Tribal Gaming Board an application for a tribally owned or 

tribally operated Class 11 or Class I11 gaming license, whichever is appropriate, which shall contain 

the name of the proposed enterprise, its location, and all other pertinent information required by this 

Ordrnance and Tribal Gaming Board regulations. 

(B) Tribally-Owned and Tribally Operated Class 111. Before issuing a licensc to a 

tribally-owned or operated Class I11 gaming activity the Tribal Gaming Board shall: 

(1) Rcview the proposed gaming activity to ensure that all criteria required by 

this Ordrnance shall bc met. 

(2) Perform the necessary background checks on managcment contractors, 

primary managcment officials and key employees required by this Ordinance. 

(3) Review and approve the accounting procedures to bc used in such gaming 

activity. 

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Potawatomis of Michigan 

Gaming Ordinance 

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(4) Take any additional stcps necessary to ensure the integrity of such gaming 

activity. 

(5) Review all aspects of the proposed gaming operation to ensure that it will 

be in compliance with the provisions of the applicable stateltribal compact. 

5.6 Threshold Criteria Which a Potential Gaming Operator Must Meet. The Tribal 

Gaming Board shall issue the above license to any tribally-owned or tribally-operated Class I1 or Class 111 

proposed gaming enterprise only if all of the following critcria arc met: 

(A) The proposed gaming activity or facility is to be located on land which was held in 

trust for the Tribe prior to October 17, 1988 or on trust lands which were located within or 

contiguous to the boundaries of the Reservation on October 17, 1988 or on lands taken into trust 

after October 17, 1988. 

(B) The proposed gaming activity is to be played as Class I1 gaming as dcfined by this 

Ordinance and the IGRA or is Class 111 gaming authorized by a tribal-state gaming compact. 

(C) The proposed gaming activity is authorized by a Tribal Council rcsolution. 

(D) The Tribe will have the sole proprietary interest and the Tribc will have the 

exclusive rcsponsibility for the conduct of the proposed gaming activity and if there is a 

management contract or othcr management agreement it must bc consistent with tribal and federal 

law and properly approved by the Chairman of the Tribal Gaming Board subject to Tribal Council 

approval. 

(E) Thc resolution authorizing the proposed gaming activity provides that: 

(1) The revenues of the proposed gaming activity shall bc audited annually and 

copics of those audits will be provided to the Tribal Gaming Board and thc National Indian 

Gaming Commission. 

(2) The proposed gaming activity shall comply with all IRS reporting and 

filing requircmcnts. 

(3) All of the procceds of the proposed gaming activity shall be used for the 

purposes stated in subsection 9.2. 

(4) All contracts for supplies services or concessions for an amount in excess 

of $25,000 annually, except contracts for legal and consulting services, shall bc subject to 

an annual independent audit. 

(5) The construction or maintenance of the gaming facility and the opcration of 

the proposed gaming activity shall bc conducted in a manner which the Tribal Gaming 

Board finds will adequately protect the environment and the public health and safety. 

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Potawatomis of Michigan 

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(6) The general manager, all primary managcmcnt officials, and all key 

cmployees have passcd the background investigations and obtained the tribal gaming 

employee licenses required by this Ordnance. Each application must state in writing that 

all future management officials and key cmployees will be required to pass background 

investigations and obtain a tribal gaming employee license. 

(7) The Tribal Gaming Board shall have the authority to regulate thc proposed 

gaming activity. 

(8) The proposed gaming activity shall pay to the National Indian Gaming 

Commission such fees as fcdcral law may require to be paid. 

(9) If the gaming activity is Class 111 gaming, such gaming activity meets all 

other criteria established by the Tribal-State Gaming Compact. 

5.7 License Application Fees. No application fee shall be required for a tribally-owned or 

tribally-operated Class I1 or Class I11 gaming enterprise. 

5.8 License Tax. No annual license tax shall be rcquircd for a tribally-owned or 

tribally-operated Class I1 or Class 111 gaming operation. 

5.9 Terms of License. A tribally-owned and tribally-operated Class I1 and Class I11 gaming 

license shall remain valid in perpetuity from the date of issuance unlcss rcvokcd for good cause by action of 

the Tribal Gaming Board. 

5.10 Posting of Licenses. Each gaming operator shall post his tribal gaming liccnsc in a 

conspicuous location at the gaming operator's gaming facility. If a gaming operator has morc than one 

gaming facility, the gaming operator must obtain and post a separatc license for each gaming facility. A 

gaming opcrator licensed to sell raffle tickets outside a gaming facility shall carry a copy of thc gaming 

license under which such person is employed. 

5.1 1 Gaming License Renewals. No renewal fee shall be rcquircd for a tribally-owned or 

tribally-operated Class I1 or Class I11 license in the event a gaming license is suspended or revoked by the 

Tribal Gaming Board. In order to obtain a renewed license, the operator shall submit a written renewal 

application to the Tribal Gaming Board on the form provided by the Tribal Gaming Board. No rencwal 

application shall be approved unless all other provisions of this Ordinance have been complied with prior to 

application. All renewal applications submitted by a tribally-owned Class I1 or Class 111 gaming enterprise 

shall be approved within a reasonable time unless the Board determines, based on reasonable grounds, that 

the enterprise has been or will be operated in violation oftribal, federal or other applicable law or the terms 

of the tribaustate compact. 

5.12 Form of Gaming License. Evcry gaming license issued by the Tribal Gaming Board shall 

include the name and address of the authorized licensee and the signature of an authorized officer of the 

Tribal Gaming Board. 

5.13 Scope of Gaming License. A gaming license issued by the Tribal Gaming Board shall be 

effective only for the gaming activity and location specified in thc application. Such license may bc 

Gaming Ordinance of the lIannahvillc Indian Community 

Potawatomis of Michigan 

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Pagc 26 
transferred only upon prior approval of thc Tribal Gaming Board upon written requcst that details the 

proposed new gaming activity, its location, and proposed gaming operator. 

5.14 Annual Reports. Each gaming operator who possesses a Class I1 or Class 111 Tribal 

gaming license must file an annual report with thc Tribal Gaming Board and the Tribal Council between the 

15th and the last day of the final month ending the fiscal year as determined to be the gaming operation fiscal 

year by the Tribal Council. The report shall be subrnittcd to the Tribal Gaming Board on the annual rcport 

form provided by the Tribal Gaming Board and shall includc the following information: 

(A) The name, address and telephonc number of the gaming operator; 

(B) The names, addresscs and title of the current gcneral manager and all assistant 

managers; 

(C) A description of cach gaming activity that it has operated and thc total gross sales; 

(D) A written copy of any changes the gaming operator proposes to initiate in its rules; 

(E) A statement of the specific dates and times during which thc gaming activity will be 

operated during the next reporting period; 

(F) A statement of any changes in thc primary management officials or key employees 

who will operate thc gaming activity over the ncxt reporting period; 

(G) Thc names and addresses of any employees whom the Tribal Gaming Board may 

detcnnine to be key employees during rcview of thc report; 

(H) Written proof that the gaming operator has paid to the National Indian Gaming 

Commission such fees as federal and tribal law may requirc it to pay, and will continue to do so; 

(I) A sworn statement that the gaming operator has complied with the lnternal 

Rcvenue Codc and regulations, includmg writtcn notice of customer winnings, and a statcment that 

the gaming operator shall continue to obey all tribal and federal laws and shall hold the Tribal 

Gaming Board and the Tribe harmless for failure to do so; 

(J) The description of any location at which the gaming activity has been conductcd 

and any new location which is cxpected to be established during the ncxt reporting period; 

(K) The number of full-time equivalent persons, on an annualized basis, employed by 

the operation during thc past twelve (1 2) months, togcther with a projection of thc number of 

full-time cquivalent persons who are expectcd to be employed during the next reporting period; 

(L) The total gross revenue of the operator attributable directly or indirectly to 

tribally-licensed gaming activity over the proceeding twelve (1 2) months; 

(M) A sworn statement that the gaming operator will continue to comply with all tribal 

and federal laws applicable to the operator's gaming operation; 

Gaming Ordinance of the Hannahville Indian Community 

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(N) A sworn statement that the opcrator and all of its kcy cmployees and management 

contractors continue to consent to Tribal Court jurisdction and scrvice of process in all matters 

arising from the conduct of tribally-licensed gaming activity; 

(0) The name, address and signature of the agcnt who will accept service of process on 

behalf of the operator, who must reside on the Reservation. The Chairman of the Tribal Gaming 

Board shall be designated, through this Ordinance, as the agcnt for scrvice of any official 

determination, order, or notice of violation; and 

(P) If the operator is a corporation, a copy of any amendment to its articles of 

incorporation, properly cer~ificd by thc incorporating govcmment, unless a current copy has already 

been filed with the Tribal Gaming Board. 

5.15 Closure of a Tribal Licensed Gaming Activity. If the Tribal Gaming Board finds that 

any tribally owned gaming activity is operating in violation of this Ordinance or otherwise presents a threat 

to the public, the Tribal Gaming Board must immediately notify thc Tribal Chairman and the Tribal Council. 

Thc Tribal Gaming Board shall givc noticc to the gaming operator of the problem so that the gaming 

operator may move into compliance with the law. In the evcnt that thc gaming operator disregards a noticc 

of non-compliance, the Tribal Gaming Board shall follow the procedures in scction 5.16 of this Ordmancc. 

The Tribal Council, pursuant to its ownership and management authority, may close down any tribally 

owned or operated gaming activity temporarily or permanently at any time with or without causc. 

5.16 Procedure to Remedy Gaming License Violation. If thc Tribal Gaming Board finds that 

a tribally-owncd or opcrated gaming activity is being operated in violation of this Ordmance or otherwise 

presents a threat to the Tribe or to thc public, the Tribal Gaming Board shall immediately take all necessary 

steps to bring such activity into compliance, including, but not limitcd to, closing down such activity 

temporarily or permanently pursuant to enforcement procedures and regulations duly promulgated by the 

Tribal Gaming Board under this Ordinance. Nothing contained in this Section or in this Ordinance shall bc 

construed as limiting, restraining or cffecting a waiver of the Tribe or the Tribal Council's right and authority 

to take appropriate action to rcmcdy any gaming violation pursuant to tribal and federal law. 

Gaming Ordinance of the I Iannahville Indian Community 

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Pagc 28 
Section 6. Gaming Employee Licenses. 

6.1 Current and Valid Gaming Employee License Required. All employees of a Class I1 or 

Class 111 gaming cnterprise must possess a current, valid gaming employee license. The Tribal Gaming 

Board and Tribal Council shall fully comply with 25 CFR parts 556 and 558 and all applicable fcderal and 

tribal laws in the licensing of key employees and primary rnanagemcnt ollicials. 

6.2 Application Procedure. 

(A) Any person seehg a tribal gaming cmploycc licensc shall submit an application to 

the Tribal Gaming Board on such form and in such manner as the Tribal Gaming Board may 

require. 

(B) The application shall contain the following information: 

(1) The applicant's full name, including all other names used (oral or written), 

current home and work addresses and telephone numbers, social sccurity number, place of 

birth, date of blrlh, citizenship, driver's license number and gender, as well as the addrcsses 

of his or her personal residences over the past five years. 

(2) The name, address and telephone number of the gaming cntcrprise and of 

the gaming operator for whom the applicant intends to work and the specific location in 

which thc applicant will bc cmploycd. 

(3) The name and job description of the position for which thc applicant is 

appl~lng. 

(4) Each application must include the following false notice statement bcfore 

an applicant may fill out that form: 

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

for not hiring you, or fu-ing you aftcr you begin work. Also, you may be 

punished by fine or imprisonrncnt. (U.S. Code, title 18, section 100 1). 

/ In the event that existing employees required to be licensed under this Ordinancc 

have,.f;lled out an application that did not contain a false noticc statement, the Tribal 

Ciarhng Board shall notify in writing that the employcc shall either complete a ncw 

application form that contains a noticc requiring false statements or sign a statement that 

contains the noticc regarding false statements. 

(5) The names, current addrcsses and telephone numbcrs of thrce references 

who are not related to the applicant and who were acquainted with thc applicant when the 

applicant was residing at each of the addresses listed in subscction 6.2(B)(l). 

Gaming Ordinance of'the Hannahville Indian Community 

Potawatornis of Michigan 

Gaming Ordinancc 

Page 29 
(6) Currently and for the previous five years: business and cmployment 

positions hcld, ownership interests in those businesses, business and residence addresses, 

and dnvcrs license numbers. 

(7) A dcscription of any existing or previous employment relationship with an 

Indian Tribe, inclulng the cmployee position held, name of the Tribe involvcd and name 

and address of a person who can attest to the accuracy of the information provided and any 

ownership interest in tribal enterprises currently or in the past. 

(8) A description of any current or past non-employee business arrangement 

that the applicant has had with an Indian Tribe, including the name of the Tribe involvcd 

and the name and address of a person who can attest to the accuracy of the information 

provided. 

(9) A statement as to whether the applicant has had any past employment with, 

or ownership intcrest in, any gaming business. If so, the applicant shall provide a written 

statement describing his or her position, the dates during which that position was held, a 

description ofthe applicant's ownership interest or job responsibilities and the name, 

addrcss and phone nurnbcr of the business, and a person who can attest to the accuracy of 

the information provided. 

(10) A list of all gaming-rclatcd licenses the individual has applied for, whether 

or not those licenses were granted and the name and address and phone number of the 

regulatory agcncy involved. 

(1 1) A list of all professional or business licenses the applicant has applied for, 

whether or not those licenses were granted and the name, addrcss and phone number of the 

regulatory agency involved. 

(12) A statemcnt of all languages written or spoken. 

(13) Written permission gving the Tribal Gaming Board or its designee the 

right to investigate the applicant's background, including his criminal record, civil and 

criminal judgments and crcdit history. 

(14) For each felony for which thcrc is an ongoing prosecution or a conviction, 

thc charge, the name and address of the court involvcd, and thc datc and disposition, if any. 

(15) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor trafic violations) within 10 ycars of the date of the application, the name 

and address of thc court involved and the date and disposition. 

(1 6) For each criminal charge (exclulng minor traffic charges) whether or not 

there is a conviction, if such criminal charge is within 10 ycars of the datc of the application 

and is not otherwise listed pursuant to paragraph (14) or (15) of this section, the criminal 

charge, the name and address of the court involved and the datc and disposition. 

Gaming Ordinance of the I Iannahville lndian Community 

Potawatomis of Michigan 

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(17) Any other information which might bring into question his fitncss to servc 

as a primary rnanagemcnt oficial or icy employee of a liccnsed gaming operation. 

(1 8) Each application shall be accompanied by a sworn statement that if the 

liwnse is issued, the applicant will submit to the jurisdiction of the Tribe and the Tribal 

Colul. 

(19) Each application shall be accompanied by a photograph of the applicant 

taken within the last year. 

(20) Each application shall be accompanied by a sworn statcrnent that the 

applicant will abide by this Ordinance and all other applicable laws. 

(2 1) Fingerprints such that National Criminal Information Center checks can be 

completed. The Hannahville Indian Community Tribal Policc shall bc the law enforcement 

agency that will take the fingerprints of all tribal gaming employees. 

(22) Each application shall be accompanied by a written statement that thc 

applicant has read, understands and approves of the following Privacy Act notice: 

In compliance with the Privacy Act of 1974, the following 

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

authorized by 25 U.S.C. 2701 et seq. Thc purpose of the requested 

information is to determine the eligibility of inhviduals to bc employed in a 

gaming operation. The information will be used by the National Indian 

Gaming Commission members and staff who havc need for the information 

in the performance of their official duties. The information may be 

disclosed to appropriate federal, tribal, state, local, or foreign law 

enforcement and regulatory agencics when relevant to civil, criminal or 

rcgulatory investigations or prosecutions or when pursuant to a 

requirement by a tribe or thc National Indian Gaming Commission in 

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

revocation of a gaming license, or investigations of activities while 

associated with a tribe or a gaming operation. Failurc to consent to the 

hsclosures inhcated in this notice will result in a tribe's being unable to 

hire you in a primary rnanagemcnt oficial or key employee position. 

The disclosure of your Social Security Numbcr (SSN) is voluntary. 

However, failure to supply a SSN may rcsult in crrors in processing your 

application. 

Gaming Ordinance of the Hannahville Indian Community 

Potawatomis of Michigan 

Gaming Ordinance 

Page 3 1 
6.3 Review Procedure for Employee Gaming License Application, Initial Granting of a 

Gaming License, Suspension. 

Bcfore issuing a gaming employee license, the Tribal Gaming Board shall: 

(A) Perform or arrange to have performed the necessary background investigation on 

thc applicant requircd by this Orhnancc. Such investigation shall include contacting cach reference 

provided in the application and takmg all appropriatc steps to verifL the accuracy of information 

contained in thc application. There shall be a writtcn report of the findmgs and conclusions of the 

investigation. The Tribal Gaming Board shall then review the frndings and conclusions and make a 

frndmg concerning the eligibility of a kcy employee or a primary management official for 

employment in a gaming operation pursuant to part (C) of this subsection. The applicant shall bc 

notified in writing of the Tribal Gaming Board's decision. The applicant has no right of appeal fiom 

the Tribal Gaming Board's eligibility decision. 

(1) All background investigations must include a criminal history check 

against the Federal Burcau of Investigation criminal records. The applicant's fingerprints 

arc taken by the Hannahville Tribal Police Department prior to employment within the 

gaming facility. Thesc fingerprints are submitted to the National Indian Gaming 

Commission for a check of criminal history against the criminal history information 

maintained by the Federal Burcau of Investigation. The rcsults of the criminal history check 

are forwarded back to the Hannahville Tribal Police Department by the National Indian 

Gaming Commission for a review of thc applicant's criminal history. 

(2) Thc Hannahville Police Dcpamcnt also takes the information from the 

cmployment application and the prospective cmployee's fingerprints and conducts a Tribal 

criminal history check bascd upon the information provided. Thc results of the criminal 

background check conducted against the Federal Burcau of Invcstigation records and the 

Tribal criminal history check are forwarded to the Tribal Gaming Board to detcnninc 

whether an applicant may obtain a gaming license undcr thc standards sct out in Section 6.8 

of this Ordmance. 

(B) Prior to licensing a primary management official or key employee, the Tribe shall 

forward thc information listed in Section 6.3(B)(l) & (2) to the National Indian Gaming 

Commission. The information listed in Section 6.3(B)(l) & (2) shall be forwarded to the National 

Indian Gaming Commission unless an alternative agreement is rcachcd bctwccn thc Tribc and thc 

Commission. An applicant may be hired for a period of 90 days pendmg Commission approval of 

Licensure. 

(1) Information forwarded to the Commission includes the complete 

application containing all the information contained in Section 6.2 of this Ordinance. An 

investigative rcport on cach background investigation that shall includc the following: steps 

taken in conducting a background invcstigation, results obtained, conclusions reached, and 

the basis for those conclusions. Also, an eligibility determination conducted by the Tribal 

Gaming Board as required undcr Scction 6.8 of this Ordmance. 

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Potawatomis of' Michigan 

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Pagc 32 
(2) If the Tribe does not liccnse an applicant, the Tribe shall notify the 

National Indian Gaming Commission and shall fonvard copies of its eligibility 

determination and investigative report to the Commission. 

(3) The Tribal Gaming Board shall comply with the procedures listed at 25 

CFR 558.3 in submitting the applications and reports to the Commission. 

(C) If the National Indian Gaming Commission notifies the Tribe, within its thirty (30) 

day review period, that it has no objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management official for whom the Tribe has 

provided an application and investigative report to thc Commission pursuant to this Section of this 

Ordmance, the Tribe may go forward and issue a liccnse to such applicant. In the alternative, if the 

Commission provides the Tribe with a statement of itemized objections based upon the application 

and investigative report submitted by the Tribe, the Tribe shall reconsider the application taking 

into consideration the objections itemized by the Commission. The Tribe shall make the final 

decision whether to issuc a license to an applicant. 

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

receives rcliable information indicating that a key employcc or primary management official is not 

eligble for employment under 25 CFR 4 558.2, the Commission shall notify the Tribe of its 

findings. Upon receipt of such notification, the Tribe shall suspcnd such liccnsc and notify licensee 

in writing of the suspension and the proposed revocation. The Tribe shall notify the licensee of a 

time and place for a hearing on the proposed revocation. After the hearing, the Tribe shall decide to 

revoke or to reinstate a gaming license and shall notify the National Indian Gaming Commission of 

its decision. 

(E) All applications, background checks and Board decisions shall bc retaincd in the 

Board files for a period of at least three (3) years following tcrmination ofcmploymcnt. 

6.4 Scope of Gaming Employee License. 

A gaming employee license shall be effective only for thc pcrson to whom it is issued and only with 

respect to the gaming facility specified in the application. Any such license may be transferred to a new 

gaming facility only upon prior approval of the Tribal Gaming Board, upon written request of the licensee 

identifying the proposed ncw gaming facility, its location, and the proposed gaming operator thereof. 

6.5 Licensing Period. Any employcc gaming liccnse issued pursuant to this Ordinance shall bc 

effective for a period of one (1) year from the date of issuance and shall state on its face the name of the 

employee, the location at which he is liccnscd to work, the date that the license became effective and the date 

that it expires. 

6.6 Renewals. A holder of an employcc gaming license shall apply to the Tribal Gaming Board 

for a renewal before his original licensc has cxpired, updating all information contained in the orignal 

application. 

6.7 Requirement to Produce License Upon Request. Any person receiving an employee 

gaming license must cany that licensc upon his person in plain view during all workmg hours and must 

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Potawatomis of Michigan 

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produce that liccnse upon the requcst of any law enforcement oficial with jurisdiction over the gaming 

activity or any agent of thc Tribe, the Tribal Gaming Board or the National In&an Gaming Commission 

6.8 Qualifications for Key Employees and Primary Management Officials' Licenses; 

Permanent License Revocation: Employee Gaming License. 

(A) Qualifications for Licensure; Grounds for Permanent Revocation. Thc Tribal 

Gaming Board may not hire nor license, or may permanently revoke any employee gaming license 

after notice and an opportunity for a hcaring, for any of the following listcd reasons. The Directors 

of the Tribal Gaming Board and the Director of Public Safety are the only "authorized tribal 

officials" who may conduct thc inquiries required by this Section of this Ordinance and its subparts. 

The Tribal Gaming Board, voting with a quorum of members prcsent, shall render the final decision 

as to an applicant's suitability to for licensure under this Ordinance. There is no appeal from an 

initial eligibility for liccnsure decision. 

(I) The employee has omitted material information on his application. 

(2) The employee has madc material false statements on the application. 

(3) The employee has participated in gaming activity that is not authorized by 

any tribal gaming liccnse. 

(4) The employcc has attempted to bribe a Tribal Council member, Gaming 

Board Director or other person in an attcmpt to avoid or circumvent this Ordinance or any 

other applicable law. 

(5) The employee has offcred somcthing of value or accepted a loan, financing 

or other thing of value from a Tribal Gaming Board member, a subordinate crnployee or any 

person participating in any gaming activity. 

(6) The employee has knowingly promoted, played or participatcd in any 

gaming activity operatcd in violation of this Ordinance or any other applicable law. 

(7) The employee has been knowingly involvcd in the falsification of books or 

records which relatc to a transaction connccted with the opcration of gaming activity. 

(8) The employee has violated any provision of this Ordinance or the rules and 

regulations of thc Tribal Gaming Board. 

(9) The crnployee is under thc age of 18. 

(1 0) The employee has been convicted of or entcred a plca of guilty or no 

contest to a gambling-related offense, fraud or misrepresentation. 

(1 1) The employee has been convicted of or entered a plea of guilty or no 

contest to any offense not specified in subparagraph (10) within the immediately preceding 

five (5) years; this provision shall not apply if that person has been pardoned by thc 

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Potawatomis of Michigan 

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Governor of the State where the conviction occurred or, if a tribal member, has been 

determined by the Tribe to be a pcrson who is not likely again to engage in any offensive or 

criminal course of conduct and the public good does not require that the applicant be denied 

a license as a key employee or primary management oficial. 

(1 2) The employcc is determined by the Tribal Gaming Board, following an 

investigation and report by an "authorized tribal official" as defied in this Section of this 

Ordinance, to have participated in organized crime or unlawful gambling or whose prior 

activities, criminal record, reputation, habits, andlor associations pose a threat to the public 

interest or to the effective regulation and control of gaming, or create or enhance the dangers 

of unsuitable, unfair, or illegal practices, methods, and activities in the conduct of gaming or 

to the carrying on of the business and financial arrangements incidental to the conduct of 

gaming. 

(13) The cmployee has failed to comply with any lawful order, inquily or 

directive of the Tribal Gaming Board, the Tribal Council, or any administrative or juhcial 

body of competent jurisdiction, arising from any gaming activity whether or not subject to 

this Orhance. 

(14) The employee has been convicted of, or has entered a plea of no contest to, 

a crime involving the salc of illegal narcotics or controlled substances. 

(15) The employce's employment has been terminated by thc Tribe. 

(B) Procedure for Permanent Revocation. Whenever it is brought to the attention of 

the Tribal Gaming Board that a person has violated any of the conditions in subsection 6.8(A)(l) 

through (15) or has failed to obtain a liccnse, or has failed to comply with any of the conditions of 

his tribal gaming license or other applicable law, the Tribal Gaming Board or its designee may either 

undertake an investigation or serve upon such person or any agent of such person an order to show 

cause why the person's license should not be revoked or why the person should not be enjoined from 

conducting gaming activities within the jurisdiction of the Tribe. The Order shall state the grounds 

for which the revocation is sought and that the employee shall have an opportunity to present 

testimony and to cross-examine opposing witnesses, and to present any other evidence as to why a 

revocation order or injunction should not be issued. The hearing shall be set for not less than 10 

working days nor more than 14 worlung days from the date of the notice unless there is an ongoing 

investigation or prosecution on charges or potential charges related to continued license eligibility. 

The hearing shall be governed in all respects in accordance with tribal law and Tribal Gaming Board 

regulations. 

6.9 Temporary Suspension of Employee Gaming License. 

(A) Any employee gaming license may be temporarily and immediately suspended by 

the Tribal Gaming Board, the Tribal Court or the Tribal Council or its designee for not more than 30 

days if any of the following have occmcd: 

(1) The employee has bccn chargcd with a violation of any gaming law. 

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(2) The employee's continued employmcnt in a gaming enterprisc poscs a 

threat to the general public. 

(3) The employee has made a material false statement or material omission in 

his or her license application. 

(4) The employee has participated in gaming activity unauthorized by his or 

her tribal gaming license. 

(5) The employee has refused to comply with any lawful order, rule, or 

regulation of thc Tribal Gaming Board, thc Tribal Council, the Tribal Court or the National 

Indian Gaming Commission. 

(B) Procedure for Temporary Suspension. Whenever it is brought to the attention of 

the Tribal Gaming Board that a person has violatcd any of thc conditions in subsections 6.9(A)(l) 

through (9, or has failed to comply with any condition of his or her employee gaming license or of 

this Ordnance or other applicable law which constitutes a direct and immediate threat to the peace, 

safety, morals, or health or welfare of the Community, the Tribal Gaming Board or its designee shall 

issue a notice of temporary suspension of such person's cmployce gaming license, which shall be 

served upon the employee. Thc noticc shall state thc grounds upon which such temporary 

suspension is ordercd and that the cmployee shall have an opportunity to prescnt testimony and to 

cross-cxaminc opposing witnesses, and to prescnt any other cvidence as to why suspension should 

not be ordcred. The employee shall immediately cease and desist operating in his or her 

managcment position or in his or her capacity as a key cmployce upon reccipt of the order, but such 

person may file a notice of appeal with thc Tribal Gaming Board within five days of such receipt. 

Upon receipt of such noticc of appeal, thc Tribal Gaming Board shall hold a hearing on the order 

within fourteen (14) calendar days of its reccipt of the appeal unless there is an ongoing 

investigation or prosecution on charges or potential charges related to continued license cligrbility. 

At the hearing, the employee shall have the opportunity to present testimony and cross-examine 

witnesses, and present any other evidencc as to why a temporary suspension order should not be 

issued. Such hearing shall be govcrned in all respects by tribal law and Tribal Gaming Board 

regulations. 

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Potawatomis of Michigan 

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Section 7. Provisions of General Applicability to All Gaming Operators. 

7.1 Each Class I1 or Class 111 gaming activity within the jurisdiction of the Tribe shall bc 

conducted only by a gaming operator who possesses a currcnt and valid tribal gaming enterprise liccnse. 

7.2 Each tribal gaming licensc shall be applicable only to one gaming site and the gaming 

opcrator named on such license. 

7.3 No tribal gaming license shall bc sold, lent, assigned or othcnvise transferred. 

7.4 Each management and key employee of a licensed gaming operation shall possess a current 

and valid tribal gaming employee license. 

7.5 A tribal gaming licensc shall be issucd only to a pcrson who qualifies therefore under the 

Ordinance, or to thc Tribe or a tribal subdivision. 

7.6 Each gaming opcrator shall have a copy of this Ordinance and regulations really available 

for inspcction by any pcrson at cach authorized gaming site. 

7.7 No person under the age of 18 years shall be permitted to play any Class 111 gamc. 

7.8 No person under the age of 18 years shall be permitted to remain in an arca of any buildmg 

in which a gaming activity is being conducted but may be pcrmittcd to pass through a gaming arca to nongaming areas. 

7.9 A person under the agc of 13 years may participate in gaming activity in private homes, 

purchase ramc tickets, attend sporting contests or ticket drawings, and stick gamc and other traditional 

gaming tournaments when operated as Class I gaming. 

7.10 Each gaming operator shall post in a conspicuous location near wherc any gaming activity is 

being played, or shall otherwise provide thc public with an explanation of thc rules of play of cvery game he 

operates. 

7.1 1 A gaming operator is prohibited from renting or lending gaming equipment to any person 

without the prior written approval of the Tribal Gaming Board. 

7.12 A gaming operator is prohibited from exchanging pull-tabs, punch-boards, sports pools, and 

twenty-onc boxes (shoes) without the approval of thc Tribal Gaming Board. All other gaming equipment 

may be exchanged without prior approval. Any request for approval shall be made to the Tribal Gaming 

Board at lcast 5 days prior to the exchange. 

7.13 Each gaming operator who anticipates the printing, manufacture, or construction of any 

equipment for gaming activity shall first notify the Tribal Gaming Board of his intention and shall have the 

finished product approved by the Tribal Gaming Board before it is placed in service. 

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7.14 Gaming chips and other tokens of valuc may be sold and redeemed only by the gaming 

operator and only for full value. 

7.15 Every licensed gaming operation shall maintain and keep for not less than sevcn (7) years 

permanent books of accounts and rccords, including inventory records of gaming supplies, sufficicnt to 

establish the gross and net income, deductions, expenses, receipts and dsburscments of the enterprise. 

7.16 A gaming operator who conducts a gaming activity on premises or at a location in which he 

does not have a legal ownership interest shall file with the Tribal Gaming Board, prior to conducting any 

gaming activity at such premises, a writtcn agreement, attested to by both the gaming operator and the owner 

of such site, setting forth the terms under which hc is permitted the use of such site. 

(A) Such agreement shall contain all of the following information: 

(1) The name of the legal owner of the site. If the gaming operator is to be a 

sub-lessee, then the name of the lessee must also be included. 

(2) Thc name and gaming license number of the gaming operator 

(3) The term of such use of the site. 

(4) The monetary consideration to be paid for such usc of thc site, if any. 

(5) A precise description of thc premises. 

(6) A prohibition of advcrlising of thc gaming activity by the owner 

(7) The following provision: 

"The (grantor/lessor) hercby agrees that neither (helshe), (hisher) 

spouse, nor any employee or agent of thc (grantorllessor) shall 

participate in the selling, distributing, conducting, assisting or 

participating in gaming activity at the site herein (granted/lcased) 

without the prior written approval of the Tribal Gaming Board. 

(B) Any rent or lease provision of such agreement shall includc a fixed monthly rental 

dollar amount unless otherwise approved in writing by thc Tribal Gaming Board. 

(C) A graduated lease rate for use of the site is prohibited unless approved in writing by 

the Tribal Gaming Board. 

(D) Other remuneration, in lieu of money, for use of the site is prohibited unless 

approved in writing by thc Tribal Gaming Board. 

(E) A percentage lease rate for use of the site is prohibited unless approved in writing 

by the Tribal Gaming Board. 

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Potawatornis of Michigan 

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(F) No game of chance shall be operated in conjunction with the conduct of the 

grantor's busincss operation unless approved in writing by thc Tribal Gaming Board. 

(G) Any re-negotiated agreement shall be submitted to the Tribal Gaming Board for 

approval prior to its effcctivc date. 

7.17 Thcre shall be no sale of liquor at any gaming site without the prior approval of the Tribal 

Council. 

7.18 Consideration for the chance to play in any gaming activity shall only be cash. No other 

form of consideration shall be allowed unless the Tribal Gaming Board givcs prior written approval. Payroll 

checks, cashier's checks, traveler's checks, money orders, and certified checks may bc cashed at the cashier's 

cage unless previously dishonored chccks have been submitted. 

7.19 Evidence of any win or loss incurred by a player must, upon request, be provided to such 

player in such form as will be acceptable to thc IRS provided that the gaming operator is required to issue 

documentation on a particular transaction. 

7.20 Each gaming operator shall pay all applicable fees and filc all reports required by law within 

thc time prescribed. 

7.2 1 Each gaming operator shall respond immediately to and obey all inquiries, subpoenas or 

orders of the Tribal Gaming Board, the Tribal Council, the Tribal Court, or the National Indian Gaming 

Commission. 

7.22 Each gaming operator shall prominently display at each gaming site a current, valid tribal 

gaming license. 

7.23 Each gaming operator shall, at all times, maintain an orderly, clean, and neat gaming 

cstablishmcnt, both insidc and out. 

7.24 Each gaming operator shall provide adequate security to protect the public before, during 

and after any gaming activity. 

7.25 Each licensed gaming cnterprise shall be subject to patrol by the tribal police force for the 

purpose of enforcing tribal law, and each gaming operator shall cooperate at all times with the tribal police 

force. 

7.26 Each gaming operator shall make its premises and books and records available for 

inspection during normal busincss hours by the Tribal Gaming Board and the Tribal Council or their 

designee. 

7.27 Reserved for future use 

7.28 No gaming operator may discriminate on the basis of sex, racc, color, or creed in the 

conduct of any licensed gaming activity, cxccpt as allowed by law. 

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Potawatomis of Michigan 

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7.29 Each gaming operator shall keep accurate books and records of all moneys received and paid 

out and provide the Tribal Gaming Board or its designee with copies of or access to the same upon request. 

7.30 All net proceeds of any gaming activity shall be used only in a manner prescribed by this 

Ordnance. 

7.3 1 Every gaming operator shall comply with all applicable tribal and federal revenue reporting 

laws. 

7.32 Each gaming operator shall immediately suspend any employee who is charged with an 

offense described in subscction 8.2 (A-AH) or any offense related to the sale, possession, manufacture and 

or transport of illegal drugs. The gaming operator shall also immediately noti@ the Tribal Gaming Board in 

writing of the name of the person and the pending charge and advise the Tribal Gaming Board of the 

outcome of the case. If the employee is convictcd or pleads nolo contendere to the charge, his or her 

cmployment shall be terminated. 

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Potawatomis of Michigan 

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Section 8. Enforcement. 

8.1 Jurisdiction. Except as provided in this Ordinance, in any tribal-state compact, and undcr 

the IGRA, thc Tribal Court shall have jurisdiction over all violations of this Ordinance. 

8.2 Prohibited Acts. In addltion to othcr civil and criminal offenses provided for in this 

Ordinancc, or under othcr applicable law the following acts are prohibited and subject any violator to thc 

civil or criminal penaltics specified herein: 

(A) Operating or in any way participating in any on-reservation gaming activity which 

is not authorized by this Ordinance. 

(B) Knowingly malung a false statement in an application for employment with any 

gaming operator or with thc Tribal Gaming Board. 

(C) Knowingly making a false statemcnt in connection with any contract to participatc 

in any gaming activity. 

(D) Attempting to bribe any person participating in any gaming activity 

(E) Offering or accepting a loan, financing or othcr thing of value between a Tribal 

Gaming Board Director or employee and any person participating in any gaming activity. 

(F:) Promoting or participating in any illcgal gaming activity. 

(G) Failing to keep sufficient books and records to substantiate rcceipts, disbursements 

and expenses incurred or paid from any gaming activity authorized pursuant to this Ordinance. 

(H) Falsifying any books or records which relate to any transaction connected with any 

gaming activity pursuant to this Ordinance. 

(I) Conducting or participating in any gaming activity which in any manner results in 

cheating or rnisrcpresentation, or which allows any other disreputable tactics which dctract from the 

fair nature and equal chance of participation between gaming players, or which otherwise creates an 

advantage over and above the chance of such gaming activity and which affects its'outcomc. 

(J) To allow or participate in the sale of liquor at gaming sites when such sale is 

prohibited by tribal law. 

(K) To accept consideration other than money or other approved consideration for the 

chance to play or participate in any gaming activity. 

(L) To knowingly use bogus or counterfeit chips or charitable gaming tickets, or to 

substitute or usc any cards, charitable gaming tickets or gaming equipment that has bcen markcd or 

tampered with. 

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Potawatornis of Miclligan 

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(M) To employ or possess on Hannahville Indian Community Rcsewation or trust lands 

any cheating device or to facilitate cheating in any gaming activity. 

(N) To willfully use any fraudulent scheme or technique to change thc odds of any 

gamc of chance. 

(0) To solicit, drrectly or indirectly, or to usc insidc information on thc nature or status 

of any gaming activity for the benefit of any person. 

(P) To tamper with a gaming device or attempt to conspire to tarnpcr or manipulate thc 

outcome or the payoIIfof a gaming dcvice, or otherwise intcrfere with the proper bctioning of a 

gaming devicc. 

(Q) To alter or counterfeit a gaming licensc. 

(R) To aid, abet, or conspirc with another person knowingly or knowingly to cause any 

person to violatc any provision of this Orhnancc or any rules and regulations adopted thcreundcr. 

(S) To operate, use or make available to the public any illegal gaming device, 

apparatus, material, or equipment. 

(T) To scll, hold out for sale or transporl into or out of the jurisdiction of the Tribe any 

illegal gaming devicc, apparatus, material, or equipment. 

(U) To assist or allow a person who is under age to participate in any gaming activity. 

(V) To possess any illegal narcotics or controlled substances on any liccnsed gaming 

site. 

(W) To steal or attempt to steal funds or other items of value fiom any gaming 

establishment or from the Tribal Gaming Board. 

(X) To employ any person at a licensed gaming establishment whom the gaming 

operator knows has been convictcd of a gaming crimc or a crime of fraud. 

(Y) To conspire with or induce any person to violate any of thc provisions of this 

Orhance or any tribal or fedcral law. 

(Z) Reservcd for future use. 

(AA) No gaming operator or any of his employees or agents shall knowingly engage in 

any act, practice, or course of operation which could result in a fraud or deceit upon any person, 

enterprise or entity. 

(AB) To knowingly use bogus or counterfeit chips or charitable gaming tickets, or to 

substitute or use any game, cards, or charitable gaming tickets that have bcen marked or tampered 

with. 

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Potawatomis of Michigan 

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(AC) To employ or have on the Reservation any device to facilitate cheating in any gamc 

of chance. 

(AD) To use any fraudulent scheme or technique knowingly, or to solicit, provide, or 

receive inside information about any gaming activity with the intent of benefiting any person. 

(AE) Repealed. 

(AF) To aid, abet, or conspire with another person knowingly or to cause any pcrson to 

violate any provision of this Ordmancc or other applicable law. 

(AG) To take, solicit or encourage any action which undermines thc integrity of any game 

of chance. 

(AH) No gaming operator shall employ any pcrson who has been convicted of or cntercd 

a plea of no contest to a crime of theft, embezzlement, liaud, a gaming crime or any other crimc 

which, if perpetrated on thc operator's premiscs would threaten the fairness or integrity of thc game 

or create a threat to the public, unless a current cerlificatc of rehabilitation has t~een issued to that 

person. 

8.3 Criminal Violation. Any Indian who violates or fails to comply with my provision of this 

Ordinance, or who fails or neglccts to comply with any order or decision of the Tribal Gaming Board, shall 

be guilty of a crime and may bc required to pay a fine not to exceed $5,000 andlor bc incarcerated for a 

period not to ex4 one (1) year. Each day during which any such violation or failure to comply continues 

shall constitute a separatc violation of this Ordinance. In addtion, the dcfcndant may be hcld liablc in 

restitution for all damages reasonably proven in connection with the violation. 

8.4 Civil Violation. Any non-Indian who violates or fails to comply with any provision of this 

Ordinance, or who fails or neglccts to comply with any order of thc Tribal Gaming Board, shall be liable for 

a civil fine not to exceed $5,000 for each violation thereof. Each day during which any such violation or 

failure to comply continues shall constitute a separate violation of this Ordinance. The amount of any such 

civil fine may be rccovercd in a civil action in the Tribal Court. In addition, thc defcndant may be held liable 

in restitution for all damages reasonably proven in connection with the violation. If federal law is 

subsequently amendcd to allow prosecution of non-Indians by the Tribc, thcn section 8.3 shall apply to all 

persons without further amendment . 

8.5 Cumulative Fines. All civil fincs accruing undcr this Ordinance shall be cumulative and a 

suit for the recovery of one fine shall not bar or affect the recovery of any other fine, juclgmcnt, pcnalty, 

forfeiture or damages, nor bar the power of the Tribal Court to punish for contcmpt, no:r bar any criminal 

prosecution. 

8.6 Purpose of Civil Penalties. The civil fines imposed under this Ordinance are intcnded to 

be remdal and not punitive and are designed to compensate the Tribc for the damagc done to the pcace, 

security, economy and general welfare of the Tribe and thc Reservation, and to compen:jate thc Tribc for 

costs incurred by thc Tribe in cnforcing this Ordinancc. Thc civil fines undcr this Ordillance are also 

Gaming Ordinance of the Iiannahville Indian Community 

Potawatomis of Michigan 

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Page 43 
intended to encourage all persons to comply with this Ordinance and Tribal Gaming Board regulations and 

not to punish such pcople for violation of such laws and regulations. 

8.7 Civil Action for Penalties. In enforcing the civil infraction provisions of this Ordlnancc, 

the Tribal Gaming Board shall proceed, in the name of the Tribe, against a person for violation of such 

provision by civil complaint pursuant to the provisions of this Ordinance. Thc Tribal Gaming Board in such 

action shall have the burden of showing, by the prcpondcrance of the evidence, that such person violated the 

applicable provision of this Ordmance. 

8.8 Seizure and Forfeiture of Property. All property utilized in violation of this Ordinance 

shall be subject to seizure by order of the Tribal Court. Prejudgment attachment of property in lieu of cash 

bond shall also bc allowed where necessary to secure the Court's jurisdiction andlor cnforccment of an 

anticipated judgement. A hearing shall bc held forthwith on any ex parte attachment procedures. 

8.9 Reporting of Offenders. Thc Clerk of the Tribal Court shall, upon fmal conviction of any 

person under this subsection, report the name of the person convicted to the Tribal Gaming Board. 

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Section 9. Operation of Tribally-Owned or Tribally-Operated Games. 

9.1 Management by a General Manager. 

(A) The Tribal Council shall appoint one person who shall serve as General Manager at 

each of its tribally-owned or tribally-operatcd gaming establishrncnts. The Gencral Managcr shall 

undergo a background check by the Tribal Gaming Board and shall obtain an employcc gaming 

licensc. The Tribal Council shall be thc direct supervisor of the Gcneral Managcr. The Tribal 

Council shall retain the power to appoint, suspcnd, or dismiss the General Manager. 

(B) The Gcneral Manager shall bc responsible for managing and overseeing the 

day-to-day opcrations of the gaming operation. The General Manager shall have such authority as 

the Tribal Council may delegate. The Gencral Manager shall proposc to the Tribal Council an 

employcc complaint process through thc rnanagcment up to thc Tribal Council or a representative 

board of the Tribal Council. 

(C) The Gencral Manager shall provide a written monthly repo1-l to the Tribal Council 

and the Tribal Gaming Board which dctails the number of patrons servcd, the amount of income 

generated, the numbers of employees worlung at the cstablishment, a detailed dcscription of any 

patron complaints and other problems expericnced at the cstablishment, also a writtcn statement of 

any changes in key employees or primary management officials and all bills which are thirty (30) 

days or more past due. 

(D) The General Managcr shall propose and the Tribal Gaming Board shall approvc a 

patron's complaint process. Each tribally-owned and tribally-managed gaming establishrncnt shall 

post at least one sign in each gaming room informing patrons that thcy may file any complaints that 

thcy have directly with thc Tribal Gaming Board, and advising thcm of the Tribal Gaming Board's 

addrcss and phone number. 

(E) The General Manager shall be personally responsiblc for seeing that the gaming 

enterprise is managcd in accordance with tribal and fcderal law and that the gaming activity 

complies with all IRS reporting requirements. 

9.2 Use of Net Revenues of Tribally-Owned or Tribally-Operated Gaming Enterprises. 

(A) All net proceeds of a tribally-owned or tribally-operated gaming entcrprisc shall be 

held in the name of the Tribe. Such net procceds may only be cxpended by the Tribal Council by 

resolution and only for the following purposes: 

(1) To fund tribal government operations or programs. 

(2) To provide for the gcneral welfare of the Tribe and its mcmbers. 

(3) To promote tribal economic development. 

Gaming Ordinance of the Iiannahville Indian Community 

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Pagc 45 
(4) To donate to charitable organizations. 

(5) To help to fund operations of local government agencies. 

(B) If the Tribe elects to make per capita payments to tribal members, it shall authorize 

such payments only under the existing per capita ordinance that has bcen submitted to and approved 

by the Bureau of Indian Affairs or any subsequent per capita orQnance that may be approvcd. 

9.3 Audit Requirements. 

(A) The Tribal Council, Tribal Gaming Board and the General Manager of each 

tribally-owned or tribally-operated gaming establishment shall obtain an annual independent audt 

of each gaming enterprise. A copy of the audit shall be provided to the National Indian Gaming 

Commission. 

(B) Each contract for supplies, serviccs (other than legal and accounting serviccs) or 

concessions for a contract amount in excess of $25,000.00 annually shall be subject to an 

independent auQt. A copy of the audit will be provided to the Tribal Gaming Board, the Tribal 

Council and the National Indian Gaming Commission. 

9.4 Management Contracts. 

(A) Each management contract shall filly comply with and is subject to the prior 

approval of the National Indian Gaming Commission. 

(B) Each management contract shall bc approvcd by the Council with the advice and 

comment of the Tribal Gaming Board. Before giving final consideration to any proposed 

management contract the Council shall direct the Tribal Gaming Board to obtain the following 

information and submit it to the Council for review: 

(1) Background information on the proposed management contractor 

including: its name, its address, thc namcs and addresses of each person or entity having a 

hect financial interest or management responsibility for the proposed management 

contractor, and in the case of a corporation the names and addresses of each member of its 

board of directors and all stockholders who hold directly or indirectly ten (1 0) percent or 

more of its issucd or outstanding stock. Background information shall fully comply with 25 

CFR 537.1 et seq. and 25 USC $2706(b)(10), §27 10(d)(9) and §27 1 1 and other applicable 

law. 

(2) A description of any previous experience that each person listed in 

subsection 9.4 (B)(l) above has had with other gaming contracts with lndian tribes and 

gaming activity or operation wherever located including the name and address of any tribal 

government or licensing agency with which such person has had a contract license, permit, 

or other agreement relating to gaming. 

(3) A complete financial statement of each person listed in subsection 

9.4(B)(l) above. 

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Potawatomis of Michigan 

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(4) Thc Tribal Gaming Board shall contact each of the tribal govcmments and 

licensing agencies in Subsection 9.4(B)(2) to detcnnine the performance history of the 

proposed managcment contractor. 

(5) The Tribal Gaming Board shall arrange to have each proposed 

management contractor investigated to lcarn of his personal attributes and to determine 

whether he has prior criminal records or any pending criminal charges. 

(6) The Tribal Gaming Board shall obtain an independent verification of the 

completed financial statements of each such proposed managemcnt contractor. 

(7) The Tribal Gaming Board shall undertake any additional steps it can to 

determine thc character and rcputation of cach proposed management contractor. 

(8) If thc Tribal Gaming Board, after reviewing the above described 

information still desires to entcr into a managemcnt contract with thc proposed managemcnt 

contractor, such management contract shall be placed in writing and submitted to legal 

counsel for review beforc thc Board approvcs it. 

(C) Any management contract approved by the Council must include at a minimum the 

following with respect to thc gaming cnterprisc to which the contract is applicable: 

(I) A provision requiring a monthly financial accounting of the gaming 

enterprise's income and expcnses. Such reports shall bc prepared by an independent auditor 

who is mutually acceptable to the Tribc and the managcment contractor. 

(2) A provision providing the Tribe absolutc access to the daily operation of 

the gaming entcrprise and to its books, and the Tribc's absolute right to vcrifL thc daily 

gross revenues of the gaming enterprise at any timc. 

(3) A provision guaranteeing the Tribe a minimum guaranteed payment which 

shall always take precedence over thc management contractor's right to recoup development 

and construction costs. 

(4) An agreed upon ceiling for the management contractor's devclopment and 

construction costs. 

(5) A provision that the contract shall not exceed seven (7) years. 

(6) A provision for termination of the contract and the grounds for termination. 

(D) If the Council is satisfied with the information it reccives it shall submit its 

proposed contract along with all of the above described information to the Chairman of the National 

Inhan Gaming Commission for approval. Any management contract shall comply with the 

requirements of 25 CFR part 53 1.1 et seq. and 25 USC §2706(b)(10), 527 10(d)(9), and §27 1 1 and 

other applicable laws. 

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Potawatomis of Michigan 

Gaming Ordinance 

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(E) All persons who possess an ownership interest or management position in the 

proposed managcmcnt contract shall apply for a gaming cmployee license undcr this Ordinance. No 

management contract shall be approved by the Tribal Gaming Board until all gaming employce 

liccnsc applications have been reviewed and the Tribal Gaming Board has submitted written 

findings on such application to the Council. 

(F) If the Council is satisfied with the information it receives it shall submit the 

proposed contract along with all of the above described information to the Chairman of the National 

Indian Gaming Commission for approval. 

9.5 Additional Requirements for Operation of Tribally-Owned or Tribally-Operated 

Games. 

(A) Each tribally owned or tribally operated gaming facility shall cany sufficient 

liability insurance to protect the public in the event of an accident. The Tribal Council shall 

determine the amount of liability insurance rcquired for each gaming facility. 

(B) Each tribally owned or tribally operated gaming activity shall post the rules of play 

of each game in a conspicuous place where gaming is conducted and shall make written copies of 

such rules availablc to any member of the general public upon request. 

Section 10. Authorized Games. 

Consistent with applicable law, the Tribe authorizes the licensing of the following games of 

chance: 

(A) Bingo, pull tabs, and other Class I1 games. 

(B) Twenty-onc or Blackjack. 

(C) Poker. 

(D) Rcd Dog. 

(E) Big Six Wheel. 

(F) All other games of chance that may be authorized undcr a tribal-statc gaming 

compact with the State of Michigan pursuant to the IGRA. 

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Potawatomis of Michigan 

Gaming Ordinance 

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Section 11. Patron Disputes 

(A) Refusal to Pay Winnings 

Whenever an operator refuses payment of alleged winnings to a patron, and the operator and the patron 

are unable to resolve the dispute to the satisfaction of the patron, and the dispute involves: 

(1) At least Five Hundred Dollars ($500.00), the operator shall immediately notify the 

Gaming Board. The Gaming Board shall conduct whatever investigation it deems 

necessary and shall determine within ten (1 0) days of notification whether payment 

should be made; or 

(2) Less than Five Hundred Dollars ($500.00), the operator shall inform the patron of hislher 

right to request that the Gaming Board conduct an investigation. The patron shall request 

an investigation within five (5) days of the payment rehsal. Upon receipt of such 

request, the Gaming Board shall conduct whatever investigation it deems necessary and 

shall determine within seven (7) days whether payment should be made. 

(B) Notice to Patrons 

The Gaming Board shall mail written notice by certified mail, return receipt requested, to the operator and 

the patron of the decision resolving the dispute. 

(C) Effective Date of Decision 

The decision of the Gaming Board is effective on the date it is received by the aggrieved party, as 

reflected on the return receipt. 

(D) Review of Decision 

Within twenty (20) days after the date of receipt of the written decision, the aggrieved party may file a 

petition wrth the Gaming Board requesting a review of the decision. The Gaming Board may set a 

hearing on the matter or may make a decision based upon the prior decision and other documentation 

provided to it by the patron and operator as part of the request for review. The Gaming Board shall then 

issue a written decision and mail it to the parties pursuant to the procedures set forth in subsection (B) 

above. The decision of the Gaming Board shall be final and binding upon the patron and operator, and 

shall not be subject to judicial review, dispute resolution, or other legal action. 

Gaming Ordmancc of thc Hannahville Indan Community 

Potawatomis of Michigan 

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Section 12. Technical Standards for Electronic Games of Chance. 

(A) Hardware and Software Requirements 

Any electronic game of chance installed in a facility licensed by the Gaming Board shall meet the 

hardware and software technical standards of either the State of Nevada or the State of New Jersey. 

(B) Certification 

Each electronic game of chance, or a prototype thereof, shall be tested, approved and certified by a 

gaming test laboratory as meeting the requirements of section (A) prior to its installation in a facility 

licensed by the Gaming Board. The Gaming Board shall accept such certification from any laboratory 

operated by or under contract with the States of Nevada or New Jersey. 

(C) Testing of Games of Chance 

If required by the gaming test laboratory, the Gaming Board shall require the manufacturer or distributor 

of an electronic game of chance to transport not more than two (2) working models of such game and 

related equipment to a location designated by the laboratory for testing, examination and analysis. The 

manufacturer or distributor shall pay for any and all costs for the transportation, testing, examination and 

analysis. Said testing may include the entire dismantling of the electronic game of chance and related 

equipment, and some tests may result in damage or destruction to one or more electronic components of 

the devices. If required by the laboratory, the manufacturer shall provide specialized equipment or the 

services of an independent technical expert to assist with the testing, examination and analysis. 

@) Manufacturer/Distributor Certification of Conformity 

The manufacturer or distributor of each electronic game of chance which is proposed to be installed in the 

facility licensed by the Gaming Board shall certify, in writing, that upon such installation, each electronic 

game of chance: 

(1) conforms precisely to the exact specification of the electronic game of chance prototype 

tested and approved by the gaming test laboratory; and 

(2) operates and plays in accordance with the technical standards adopted in section (A), 

above. 

(E) Information on Each Game to be Maintained 

Prior to installation of an electronic game of chance in a facility licensed by the Gaming Board, the 

manufacturer or distributor shall report to the Gaming Board the following information for each such 

game, including, but not limited to: 

(1) the type of electronic game of chance; 

(2) the game's serial number; 

(3) the game's manufacturer; 

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Potawatornis of Michigan 

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(4) the person from whom the game was acquired, the means by which the game was 

transported into the State of Michigan, and the name and street address of any common 

carrier or other person transporting the game; 

(5) the certification required under section (D), above; 

(6) the Erasable Programmable Read Only Memory (EPROM) chip's identification number; 

(7) the location in which the game will be placed; and 

(8) the date of installation. 

(F) Notification of Removal from Play 

Upon removal of an electronic game of chance from a facility licensed by the Gaming Board, the operator 

shall report in writing to the Gaming Board the following: 

(1) the date on which the game was removed; 

(2) the game's destination; and 

(3) the name of the person to whom the equipment is to be transferred, including the person's 

street address, business and home telephone numbers; the means by which the game is to 

be transported and the name and street address of any common carrier or other person 

transporting the game. 

Gaming Ordinance of the Hannahvillc Indian Community. 

Potawatomis of Michigan 

Gaming Ordmance 

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