06/21/2001 08:28 F/~1 J~J002

NP01197;

Amended

RESOLUTION

WHEREAS, the Nez Perce Tribal Executive Committee has been empowered to act for and

in behalf of the Nez Perce Tribe, pursuant to the Revised Constitution and By-Laws,

adopted by the General Council of the Nez Perce Tribe, on May 6, 1961 and approved

by the Acting Commissioner of Indian Affairs on June 27, 1961; and

WHEREAS, the Nez Perce Tribe is a sovereign nation with the powers and sovereign

rights of tribal governments to regulate activities and enforce laws on Indian

lands; and

WHEREAS, the Nez ferce Tribe retains all righis that were not expressly relinquished

including rights to regulate gaming Indian lands; and

WHEREAS, the Nez Perce Tribal Executive Committee adopted a gaming ordinance

which was codified and incorporoted into the Nez Perce Tribal Code as

Chapter 6-2; and

WHEREAS, the National Indian Gaming Commission requires inclusion of Background

Investigation Procedures; and

WHEREAS, there is a need for amendments to Chapter 6-2 to clarify the gaming

operations arid the duties of the Gaming Commissioners;

NOW, THEREFORE BE IT RESOLVED, that having opened a 15 day comment period

and having considered such comments, the Nez Perce Tribal Executive

Committee (NPTEC) hereby authorizes the adoption of the amendments to

Chapter 6-2 and adoption of the Background Investigation Procedures.

BE IT FURThER RESOLVED, that the NPTEC Chairman is hereby appointed as the official

agent for service for the Nez Perce Tribe;

BE ft FINALLY RESOLVED, that the following minor lypos are corrected with passage of

this amended resolution:

1) DeIete~the words and drivers license numbers in NPTC § 6-2-1 6(a}(3);

JUN212e01 11:31 P.~2
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NP 01-197

Amended

2) Add the underlined words to NPTC § 6-2-16(a)(5): A description

of any existing and previous business relationships with the gaming industry

generally and/or with Indian Tribes including ownership interests in those

businesses tribal or otherwise and

3) Delete the words 10 year limitation from NPTC § 6-2-1 6(a)(6).

CERTIFICATION

The foregoing resokrtion was duly adop$ed by the Nez Perce Tribal Executive Comrnilfee

meeting in Regular Session, June 12 & 13, 2001 in the Richard A.

Halfmoon Council Chambers, Lapwoi, Idaho, a quorum of its Members

being present and voting.

BY: £.

fM. a r, JjSecretary

A1TEST:

Samuel

~~U(417

N. Penney,

)

Choicmav(

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CHAPTER 6-2

GAMING ORDINANCE

GAMING COMMISSION

§ 6-2-1 Definitions

For purposes of this chapter:

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

U.S.C. §~270l etseq. and 18 U.S.C. §~ 1166-68.

(b) Bingo means a game, whether or not electronic, computer, or other

technological aids are used in connection therewith

(1) which is played for prizes, including monetary prizes with cards bearing

numbers or other desigitations;

(2) in which the holder of the card covers such numbers or designations when

objects, similarly numbered or designated, are drawn or electronically

determined; and

(3) in which the game is won by the first person covering a previously

designated arrangement of numbers or designations on such cards,

including (if played in same location) pull-tabs, lotto, punch cards, tip jars,

instant bingo. and other games similar to bingo.

(c) Class 111 gaming means that type of gaming defined in Section 4(8) of the Act,

25 U.S.C. § 2703(8).

(d) Commission or Gaming Commission means the Nez Perce Tribal Gaming

Commission, the single i.i-ibal agency primarily responsible for regulatory oversight of Class III

gaming as authorized under the Nez Perce 1995 Class Ill Gaming Compact.

(e) Fishing Derby means a fishing contest, with or without the payment or given of

any entry fee or other consideration by some or all of the contestants wherein prizes are awarded

for the species, size, weight or quality of fish caught in a bona fide fishing or recreational event.

(f) Fund raising event means a hind raising event sponsored by a bona fide

religious, charitable or nonprofit organization at which gaming activities will be conducted under

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the authority and regulation of the Nez Perce Tribal Gaming Commission. Gaming as authorized

under this section may be allowed provided that sicty percent of the net income fiom such events

shall be devoted solely to lawful purpose of the Nez Perce Tribe and provided that the tribal or

BIA law enforcement agency shall be notified as to the time and place where such activity shall

be conducted.

(g) Garning~ means those activities defined in § 6-2-7, §6-2-8 and § 6-2-9.

(h) Gaming area means the area where Class II or Class 111 gaming occurs. This

does not include cage, soft count, showroom, food and beverage, parking lots, delivery areas,

hotels, warehouses, money areas or gift shops.

(i) Gaming code means the laws, rules and regulations adopted by the Tribe as

amended from time to time governing gaming activities at Tribal gaming facilities, and any other

gaming operations conducted within the boundaries of the Nez Perce Reservation.

(j) Gaming employee means any natural person employed in the operation or

management of the gami~ig operation, whether employed by the Tribe or by any enterprise

providing onsite services to the Tribe within the gaming facility, excluding persons providing

maintenance, janitorial or~ other such ancillary non-gaming services such as food service

employees. For purposes~of this chapter, gaming employee shall include any employee whose

duties include the handling of cash generated from Class II or Class III gaming activities.

(k) Gaming facility or gaming facilities means all buildings, improvements and

facilities used or maintained in connection with the conduct of gaming whether or not authorized

by the Nez Perce Tribe.

(1) Gaming operation means any gaming enterprise whether or not authorized by

the Tribe on Indian lands for the conduct of gaming.

(m) Governor means the Governor of the State of Idaho.

(n) Indian lands means Indian lands as defined in the Act, as well as lands within

the State which meet the r quirements of 25 U.S.C. § 2719.

(o) Key employee means a person who performs one or more of the following

functions:

(1) bingo caller; or

(2) counting room supervisor; or

(3) chief of security; or

(4) custodian of gaming supplies or cash; or

(5) floor manager; or

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(6) pit boss; or

(7) dealer; or

(8) croupier; or

(9) approver of credit; or

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

the accounting records within such devices; or

(II) any other person whose total cash compensation is in excess of $50,000.00

per year; or

(12) the four most highly compensated persons in the gaming operation.

(p) License and variations of that word such as licenses and licensed, unless

otherwise defmed herein and as indicated by the context, means either:

(1) an approval or certification issued by the Nez Perce Tribal Gaming

Commission to any natural person or enterprise to be involved in the

gaming operation or in the providing of gaming services to the gaming

operation, or

(2) the formal document evidencing authority granted by the Nez Pcrce Tribe

to engage in gaming under this Act.

(q) Licensee means any natural person or entei-prise that has been approved and

licensed by the Nez Perce Tribe Gaming Commission to be involved in the gaming operation or

in the provision of gaming services to or in the gaming operations.

(r) Management Contact means a contract for the development and management

of a Class ILL gaming operation, as provided in Article 9 of the Nez Perce 1995 Class ill Gaming

Compact with the State of Idaho, and approved pursuant to the Act.

(s) Management Contractor means any person, corporation or entity that enters into

a development and managàmerit contact with the Tribe pursuant to Article 9 of ihe Nez Perce

1995 Class III Gaming Compact..

(t) Net reventie means gross gaming receipts of a gaming operation minus amounts

paid out as, or paid for, prizes; and total gaming-related operating expenses, excluding

management fees.

(u) NIGC means the National Indian Gaming Commission.

(v) NPTEC means the Nez Perce Tribal Executive Committee, which is the

governing body of the Nez Perce Tribe.

(w) Operator rnean.s any person, organization or entity that operates any gaming

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activity that is subject to iegulation under this Ordinance, on the Nez Percc Reservation.

(x) Paii-mutiial betting means a system of wagering on a live race whereby the

winners divide the total amount wagered, in proportion to the amount individually wagered after

deducting commissions, fees and taxes. For purposes of this Ordinance wagering on live races

is authorized if it occurs either at a racetrack or on Indian lands by means of a simulcast of a live

race and is approved by the Commission.

(~) ~means a natural person who engages, on equal terms with the other

participanls, and solely a~ a contestant or better, in any form of gaming in which no person may

receive or become entitled to receive any profit therefrom other then personai gambling

winnings, and without otherwise rendering any material assistance to the establishment, conduct

or operation of a particular gaming activity.

(z) Primary management official means:

(1) the person having management responsibility for a management contract;

or

(2) any person who has authority to hire arid fire employees or to set up

working policy for the gaming operation; or

(3) thechief financial officer; or

(4) other person who has financial management responsibility.

(aa) Regulations means the gaming regulations promulgated by the Nez Perce Tribe

pursuant to this chapter.

(ab) Simulcast means a simultaneous telecast of a live race, including horses, dogs,

mules and any other race Contest of a species legal in this jurisdiction.

(ac) State means the State of Idaho, its authorized officials, agents and

representatives.

(ad) State gaming agency means the Idaho State Lottery or any other agency

designated by the State of~idaho to coordinate Class III gaming.

(ae) State Lottery means:

(1) Any type of game that the State hereafter conducts as a lottery game.

(af) Thing of value means any money or property, any token, object or article

4

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exchangeable for money or property, or any form of credit or promise, directly or indirectly,

contemplating transfer of money or property or any interest therein.

(ag) Track means an in-state or out-of-state facility licensed to operate horse or other

racing where pari-mutuel wagering on races is conducted.

(ah) Tribal law enforcement agency means the police force of the Tnbe, established

and maintained by the Tribe, pursuant to the Tribes powers of self-government, to cany out law

enforcement on Indian lands, including the law enforcement program maintained by the Bureau

of Indian Affairs on the Nez Perce Reservation.

(ai) ~Tribe means the Nez Perce Tribe its authorized officials, agents and

representatives.

§ 6-2-2 Purpose

This ordinance is enacted to:

(a) Regulate all forms of permissible and authorized gaming within the jurisdiction of

the Nez Perce Tribe.

(b) Safeguard all persons from unscrupulous and illegal operations of any type of

gaining.

(c) Protect all persons from any infiltration of organized crime into any gaming

operation within the jurisdiction.

(d) Provide for tribal audit system on all gaming operations.

(e) Provide that the Tribe will have prin~aiy regulatory authority over all forms of

gaming on the Nez Perce Reservation subject only to applicable federal law.

(f) Provide for system of investigations of all persons associated with gaming.

(g) Provide a system of licensing for any gaming activities subject to the provisions of

this Act that occur within the Nez Perce Reservation.

(h) To provide~revenues for the operation of the tribal government.

(i) To allow the tribal government to use the revenues generated for tribal self

determination, to generate~value on the reservation, to provide additional tribal services,

employment for tribal members and for general economic development and individual seLf~

sufficiency of tribal members.

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(j) To harmonize with and adhere as much as possible to the Indian Gaming

Regulatory Act, Public Law 100-497, 102 Stat. 2467-88. 25 U.S.C. §~ 2701 etseq. as enacted by

the U.S. Congress on October 17, 1988.

(k) To cooperate and agree on a sovereign to sovereign basis with the State of Idaho

arid any other concerned or affected states to enter into compacts or other agreements for gaming

operation, regulation or coordination.

(1) To establiah a commission within the tribal organization to oversee and regulate

gaming consistent with this ordinance and within the precepts established by the Nez Perce

Tribal Executive Committee.

§ 6-2-3 Ownersbip of Gaming and Use of Gaming Revenue

(a) The Tribe~ shall have the sole proprietary interest in and responsibility for the

conduct of any gaming operation authorized by this ordinance, unless individually owned gaming

is approved and licensed under this ordinance.

(1) In order to be licensed by the Nez Perce Tribe, individual owners, in

addition to the requirements of this ordinance, shall also be required to:

(i) Pay to the Nez Perce Tribe not less than 60 percent of the

individually owned operations net revenues, to be used only for the

purposes set forth below;

(ii) Pay an assessment to the National Indian Gaming Commission as

set forth in 25 CFR~ 514.1;

(iii) Comply with eligibility standards of a State license for the same

activity, so that if the individual is ineligible to receive a State

license to conduct the same activity within thatjurisdiction, a tribal

license shall be denied.

(b) Net revenues from tribal gaming or from individually owned games shall be used

only for one or more of the following purposes:

(1) To fund tribal govei-nment operations or programs;

(2) To provide for the general welfare of the tribe and its members;

(3) To promote tribal economic development;

(4) To donate to charitable organizations; or

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

(c) If the Tribe elects to make per capita payments to Iribal members, it shall

authorize such payments only upon approval of a plan submitted to the Secretary of the Interior

under 25 U.S.C. § 2710(b)(3).

(d) The Nez Perce Tribe hereby specifically reserves, through its inherent power, the

full right and authority to adopt or impose a uniform and comprehensive system of revenue,

taxation and licensing relating to ganiing allowed by this ordinance.

§ 6-2-4 Severability

If any clause, provision or section of this ordinance shall be ruled invalid or

unenforceable by any court of competent jurisdiction by final order after all appellate jurisdiction

is exhausted, such holding shall not invalidate or render unenforceable any other remaining

provisions of this ordinance. Until such final order is entered and review exhausted, the

questioned provisions shall be absent and enforceable injunction to the contrary, in full force and

effect.

§ 6-2-5 Amendment

Except as provided in § 6-2-13(m), all powers of amendment are retained by the Nez

Perce Tribal Executive Committee.

§ 6-2-6 Sovereignly

The Nez Perce Tribal Executive Committee acting for the Nez Perce Tribe by this

enactment, does expressly retain and does not in any way waive its right of sovereignty as

expressed in treaties, laws or in any other manner.

AUTHORIZED GAMBLING ACTIVITIES

§ 6-2-7 Class I Gaming

Class I gaming is defined as social games solely for prize of minimal value or traditional

forms of indian gaming engaged in by individuals as part of, or in connection with, tribal

ceremonies or celebrations.

(a) Class I gaming may be engaged in by individuals and organizations without

restriction and is not subject to the provisions of this Act.

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§ 6-2-8 Class 11 Gaming

Class TI gaming is ~efined as:

(a) The game o~f chance commoniy known as bingo (whether or not eleclionic,

computer, or other technological aids are used in connection therewith)

(1) which is played for prizes, including monetaiy prizes, with cards bearing

nunibers or other designations;

(2) in which the holder of the card covers such numbers or designations with

objects, similarly numbered or designated, which are drawn or

electronically determined; and

(3) in which the game is won by the first person covering a previously

designated arrangement of numbers or designations on such cards,

including, (if played in the same location) pull-tabs, lotto, punch boards,

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

(b) Card games that:

(1) are explicitly authorized by the laws of the State of Idtho, or

(2) are not explicitly prohibited by the laws of the State of Idaho and are

played at any location in the State, but only if such card games are played

in conformity with those laws and regulations (if any) of the State

regarding hours or periods of operation of such card games or limitations

on wagers or pot sizes in such card games.

(c) The Nez Perce Tribe may engage in Class II gaming as an operator without the

necessity of a license under this Act but shall comply with other applicable provisions of this

Act.

(d) Until this Act is amended by appropriate action of the Nez Perce Tribal Executive

Committee in a maimer consistent with the relevant provisions of the National Indian Gaming

Regulatory Act, 25 U.S.C.~ 2701et seq., the Nez Perce Tribe shall be the only entity or

organization authorized to engage in gaming activities on the Nez Perce Reservation for profit to

the exclusion of any other entity, organization or person. The Nez Perce Tribe may conduct or

license gaming activities on behalf ofa bona fide charitable, religious and non-profit

organizations subject to regulations promulgated by the Commission on this topic and the

National Indian Gaming Regulatory Act, 25 U.S.C. §~ 2701 er seq.

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§ 6-2-9 Class III Gaming

(a) Class III gaming means all forms of gaming that are not Class I or Class II

gaming.

(b) No person~ entity, corporation, organization or government, except the Nez Perce

Tribe, shall authorize or conduct any form of Class Ill gaming within the Nez Perce Reservation

unless such gaming is consistent with:

(1) the~ Indian Gaming Regulatory Act;

(2) a Tribal-State compact for Class Hi gaming; and

(3) is licensed by the Nez Perce Tribe.

(c) The Nez PØrce Tribe shall enact rules and regulations regarding licensing of Class

UI games which shall be consistent with the provisions of the Indian Gaming Regulatory Act and

the laws of the Nez Perce Tribe.

(d) Any person, entity, corporation, organization or government that conducts Class

III gaming within the Nez Perce Reservation or that purports to authorize such gaming in

violation of the laws or regulations of the Nez Perce Tribe commits a civil infraction.

(e) Any person, entity, corporation, organization or government found to have

committed a civil infraction by failing to comply with the laws of the Nez Perce Tribe shall be

subject to a civil fme in addition to other legal and equitable remedies available in civil cases.

(t) The Nez PØrcc Tribal Executive Committee hereby reserves the right to later enact

authorization of Class Ill gaming as defined herein upon proper compliance with the Class III

gaming requirements of the National Indian Gaming Regulatory Act, 25 U.S.C. §~ 2701et seq..

§ 6-2-10 Gaming Prohibited

All gaming activities not authorized by this Act, including, but not limited to, those

activities commonly known as bookmaking, betting, card parlors, bunco or confidence games,

pyramid clubs or schemes, chain letters and three card monte, are unlawful and prohibited.

§ 6-2-il Nez Perce Tribe Gaming Commission Established

(a) The Nez Perce Tribe Gaining Commission (the Commission) shall consist of

three individuals appointed by the Nez Perce Tribal Executive Committee.

(b) Each Commissioner shall serve for a term of three (3) years, with the term

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beginning on Januaiy I of the year of the appointment and ending on December 31 of the third

year; except that for the th~tial group of Commissioners, one position will be for a tenn of three

(3) years, one position will be for a term of two (2) years and one position will be for a tenn of

one (1) year allowing for a staggered terni process thereafter.

(c) Commission members shall serve beyond their term only in the event that

NPTEC fails to promptly make appointments for the subsequent year. Upon the appointments

for the following year, the prior years appointments shall expire.

(d) Commission positions vacated prior to the end of the term shall be promptly

filled by NPTEC so that a full Commission may serve on a continual basis. However, a

temporary vacancy on the Commission shall not mean the Commission will be non-functional,

since business can be conducted with a minimum of two members being present.

(e) The Commission shall elect among themselves a President, Vice President and

Secretary-Treasurer. Elections shall be conducted each year, within two weeks after NPTEC

appointments are made.

§ 6-2-12 Powers and Duties of the Commission and of the Nez Perce T~ibal Executive

Committee with Regard to the Commission Hours, Compensation and

Removal

(a) The Commission shall:

(1) Oversee and regulate the gambling activities authorized by this chapter.

Such power includes the power to inspect premises.

(2) Safeguard and regulate by civil fines and other actions as specified in § 6-

2-2,5 of this chapter.

(3) Issue licenses when such are required by this chapter, and. in accordance

with § 6-2-16 through § 6-2-22 of this chapter.

(4) Deny or revoke such license when the results of a thorough and objective

investigation by the NPTGC indicates that such action is appropriate

and/or in accordance with § 6-2-23 through § 6-2-25 of this chapter.

(5) Formulate and promulgate rules and regulations which shall govern in

detail the issuance of licenses, the amount of the license fee, and the

revàcation of licenses.

(6) Insure the proper record keeping of gambling proceeds of the Nez Perce

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Tribe Gaming Enterprise, gaming licenses and anyone whose gambling

activities subject him to the provisions of the Bank Secrecy Act, CFR Title

12, Banks and Banking or CFR Title 21, Money and Finance, or any other

applicable requirement of the Internal Revenue Service.

(7) Cause a review of the appropriate records of gaming licensees of the Nez

Perce Tribe at least annually. Appropriate records are those directly

related to determining a licensees suitability to hold a gaming license.

(8) Cause annual outside audits as required by the Indian Gaming Regulatory

Act, of all gaming activities on the Nez Perce Reservation to be conducted

and submitted to the National Indian Gaming Commission specifically

including all contracts for supplies, services or concessions having a

contract amount in excess of S25,000.00 per annum or in any 12 month

period..

(9) Insure that facilities where gaming occurs are properly constructed and

maintained and that the operation of the game is conducted in a manner

which adequately protects the environment and the public health and

safety.

(10) Cause to be conducted background investigation and suitability

determinations of potential gaming employees as required by the National

Indian Gaming Regulatory Act, 25 U.S.C. § 270] ef seq.

(b) It shall be~the responsibility of the NPTEC to set the maximum hours (not to

exceed 40 hours per week) and hourly compensation for the Gaming Comnission.

(c) Any Gaming Commission member may be removed by NPTEC for cause,

including neglect of duty, failure to recuse oneself in cases of conflicts of interest, gross

misconduct or failure to attend more than on hal(~ of the regular commission meetings, or for any

offense listed in § 4-1-93 through § 4-1-111, inclusive of the Nez Perce Tribal Code.

GAMING OPERATIONS

§6-2-13 General Gaming Operations Requirements

(a) Each gaming employee or operator including owners of an operating entity as

defined in (o) of this section, prior to beginning work, shall be required to be licensed, at least on

a temporary or candition~.1 basis as provided for in this chapter, by the Nez Perce Tribe Gaming

Commission and shall be required to apply to the Commission for a determination that he:

(1) has not been convicted of an offense related to gambling, fraud,

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misrepresentation or deception, drugs or a felony;

(2) has no prior activities, reputation, habits, or associations affecting his

present conduct that would pose a threat to the effective regulation and

control of gaming, or enhance the dangers of unsuitable, unfair or illegal

practices, methods or activities, in the conduct of gaming; and

(3) has no present interest in the conduct of any gaming business.

(b) The determination shall be confidential unless otherwise required for purposes of

the tribal Personnel, Policies and Procedures or the requirements of federal law or regulation.

(c) The Gaming Commission is also subject to periodic background investigations, at

the discretion of NPTEC, and by the full NPTEC, based on any findings brought to the attention

of NPTEC by the Internal Auditor or Background Investigator.

(d) The employee or contractor shall follow the application procedure for licenses

described herein, provided that, no notice shall be published, and no public hearing shall be held.

No employee may accept ny gift or thing of value from a gaming contractor.

(e) In addition to any provisions of the tribal Personnel, Policies and Procedures

which may be applicable, any employee or operator shall be required to comply with the

provisions of this ordinance, the provisions of his contract with the Tribe, if any, and the

provisions of applicable federal law.

(f) Any entity which contracts with a tribal gaming operation, shall be required to

submit to a determination s required in (a) of this section. No such contract will be valid until it

is approved by the Commission and the Secretary of the Interior as is necessary under federal

law.

(g) Tribally operated gaming shall be held in compliance with this ordinance, and any

other applicable laws, rules and regulations.

(h) Operators, or employees in charge of tiibaily operated gaming shall provide

required reports, audits and the results of any contract for service or supplies at least quarterly or

when required.

(i) Any operator or employee of the tribal gaming operation shall deposit the

proceeds of the gaming operation according to applicable federal and tribal law.

(j) Any operator or employee may request the assistance of the Commission in

obtaining training or inst.ruction for the benefit of the tribal gaming operation as well as in

determining the proper meaning of this ordinance.

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(k) The Commission may require that any operator or employee of a tribal gaming

operation be bonded in a particular amount. The Gaming Enterprise will pay for the bonds of the

Tribes gaming employees; independent contractors are responsible for the cost of their own

bonds.

(1) The Commission may recommend to the Nez Perce Tribal Executive Committee

that a particular type of tribal gaming be operated through a management contract. The

management contract must be in compliance with applicable fedcral law. The Commission shall

require that the proposed äperator comply with the requirements for licenses uniier this section of

the ordinance. A proposed manager need not be a iribal member. Sole tribal approval of all

management contracts shall remain with the Nez Perce Tribal Executive Committee.

(m) All tribal gaming operations are subject to monitoring and inspection by the

Commission or agents of the Commission.

(n) The Commission shall issue regulations, which will control:

(1) The possession of firearms by operators or employees. No firearms or

weapons of any kind shall be allowed on gaming premises with the

exception of armed armored car personnel arid on-duty law enforcement

officers.

(2) The security requirements for the operations.

(3) The~posting of rules of play.

(4) The maximum limit, if any, which may be offered as a prize.

(5) Rules for the conduct of the games, should the Commission deem that

such rules are necessary for the proper conduct of gaming.

(6) Any other regulations controlling the operation which are deemed

necessary in writing by the Commission or the Nez Perce Tribal Executive

Committee. NPTEC shall provide written notice to the Commission, in a

reasonably timely manner before additional regulations which may be

required as the result of amendments or revisions to the Tribes gaming

compact take effect.

(o) Any person~ authorized by the Commission, an employee or independent

contractor, who has a financial interest other than salary or wages or management responsibility

in the conduct of tribal gaming activities must be licensed by the Commission including those

persons who may serve on~the Board of Directors or other governing body of a corporation, trust,

partnership or other entity or who own ten (10%) or more of the stock of a corporation or like

JUN-21-2001 11:36 P.16
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interest in profits or capit~1 of any other business entity.

(p) Each affected person covered in (o) above must apply for a license to the

Commission giving the name, social security number and address: previous gaming experience;

any felonies, violations of any kind whatsoever relating to the gaming, fraud or illegal practices;

fingerprints; and any and all other reasonable requirements as may be deterniiried by the

Commission.

(~ The Commission may after an initial criminal and credit background check issue a

ninety (90) day temporary license.

(r) The Commission shall determine whether or not to issue a full year license within

ninety (90) days after application. The Commission may issue a conditional license pending

receipt of a response from; the National Indian Gaming Commission pursuant to § 6-2-18 of this

chapter.

(s) A license shall be valid for not more than one year and shall be renewed

following review of a satisfactorily -

completed application regarding the applicants activities

for the past calendar year and a background investigation, if necessary, of the applicants

activities for the past calendar year. Only when extraordinary circumstances warrant an

additional background investigation shall the Commissioners investigation inquire into an

applicants activities earlier than the past calendar year.

(t) The Commission may charge a fee not in excess of $50.00 for each application of

renewal.

(u) NPTEC has the sole authority to approve the Commission budget.

(v) Members of the Commission and Nez Perce Tribal Executive Com.mittee

members are prohibited from participating in bingo games.

(w) Members of the Commission and its staff are prohibited from participating in any

gaming sponsored by the T~ez Perce Tribal Gaming Enterprise.

§ 6-2-14 Inspection of Premises

(a) The premises where authorized gambling activities are being held shall be subject

to inspection and audit at any reasonable time by persons designated by the Commission, with or

without notice as follows:

(1) if the items or records to be inspected or audited are located anywhere

upon a premises, any portion of which is regularly open to the public or

members and guests, then at any time when the premises are so open, or at

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which time they are usually open;

(2) or if the items or records to be inspected or audited are not located upon a

premises set out in subsection (1) above, then at any time between the

hours of 8:00 a.m. and 9:00 p.m, Monday through Friday.

(b) The Commission shall be provided, at such reasonable intervals as the

Commission shall determine, with a report, under oath, detailing all receipts and disbursements

in connection with such gambling activities together with such other reasonable information as

required in order to determine whether such activities comply with this chapter or other

applicable laws, rules or regulations.

KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS

§ 6-2-15 Applications for Key Employee and Primary Management Official Positions

(a) Applications for key employee and primary management official positions with

the Nez Percc Tribes gaming enterprises shall be submitted to the Commission. The

Commission shall conduct oral interviews of persons selected as potential candidates for a

particular position. Copies of such applications and notes from interviews shall be provided to

the Nez Perce Tribes Investigative Officer.

(b) The following notice shall be placed on the application form for a key employee

or a primary management official before that form is filled out by an applicant:

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

provided: Solicitation of the information on this form is authorized by 25 U.s.c.

2701 et seq. The p~rpose of the requested information is to determine the

eligibility of individuals to be employed in a gaming operation. The information

will be used by National Indian Gaining Commission members and staFf who

have need for the information in the performance of their official duties. The

information may be disclosed to appropriate Federal, Tribal, State, local or foreign

law enforcement and regulatory agencies when relevant to civil, criminal or

regulatory investigations or prosecutions or when pursuant to a requirement by a

tribe or the National indian Gaming Commission in connection with the hiring or

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

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

Failure to consent to the disclosures indicated in this notice will result in a lribe1s

being unable to hire you in a primary management official or key employee

position.

The disclosure of your Social Security Nmnber (SSN) is voluntary. However, failure to

supply a SSN may result in errors in processing your application.

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(c) Existing key employees and primary management officials shall be notified in

writing that they shall either:

(1) Complete a new application form that contains a Privacy Act notice; or

(2) Sign a statement that contains the Privacy Act notice arid consent to the

routine uses described in that notice.

(d) The following notice shall be placed on the application form for a key employee

or primary management official before that form is filled out by an applicant.

A false statement on any part of your application may be grounds for not hiring you, or

for terminating you from employment after you begin work. Also, you may be punished

by fine or imprisonment. 18 U.S.C. § 1001.

(e) The Commission shall notify in writing existing key employees and primary

management officials that they shall either:

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

statements; or

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

Background Investigations

§ 6-2-16 Applications -Required Information

(a) The Tribe sail require, in its initial investigation of each key employee and from

each primary management~ official all of the following information:

(1) Fu11~ name, other names used (oral or written), social security numbers,

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

written);

(2) Currently and for the previous ten (10) years: Business and employment

positions held, ownership interests in those businesses, business and

residence addresses, and drivers license numbers;

(3) The~names and current addresses of at least three personal references,

including one personal reference who was acquainted with the applicant

during each period of residence addresses;

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(4) Current business and residence telephone numbers;

(5) A description of any existing and previous business relationships with the

gaming industry generally and/or with Indian Tribes including ownership

interests in those businesses tribal or otherwise

(6) The name and address of any licensing or regulatory agency with which

the person has filed an application for a license or permit related to

gaming, whether or not such license or permit was granted;

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

the charge, the name or address of the Court involved, and the date and

disposition if any;

(8) For each misdemeanor conviction or ongoing misdemeanor prosecution

(excluding minor traffic violations), within 10 years of the date of the

application, the name and address of the Court involved and the date and

disposition;

(9) For each criminal charge (excluding minor traffic charges), whether or not

there was a conviction, if such criminal charge is within 10 years of the

date of the application and is not otherwise listed pursuant to paragraph (7)

or~(8) of this section, the criminal charge, the name and address of the

Court involved and the date and disposition;

(10) The name and address of any licensing or regulatory agency with which

the person has filed an application for an occupational license or permit,

whether or not such license or permit was granted;

(11) A current photograph;

(12) Any other information the Tribe deems rclevant~

(13) Fitigerprints consistent with procedures adopted by the Tribe according to

25~ C.F.R. 522.2(h).

(b) The Tribe shall conduct an investigation sufficient to make a determination under

§ 6-2-19. In conducting a background investigation, the Tribe or its agent shall promise to keep

confidential the identity Of each person interviewed in the course of the investigation.

(c) Unless extraordinary circumstances apply, the Tribe shall require, for an annual

background investigation of an employee already issued a gaming license, information regarding

only the past 12-month period after the issuance of the gaming license.

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