c)

The Gaming Commission shail not license any key employee or primary management

Official to work with Class II or Class Ili Gaming who has been

1 Convicted of a felony within five years of Starting employment with the Gaming
Operation, or

2 Convicted of a felony or gross misdemeanor involving fraud, misrepresentation or
gambling: or

3. Ever convicted of a felony involving gambling

SECTION XXIV — Procedures for Forwarding Applications and Reports to the National
Indian Gaming Commission

a)

b)

When a key employee or primary management official is employed to work at a gaming
Operation authorized by this ordinance. the Tribal Gaming Commission shall forward to
the National Indian Gaming Commission the summary and results of eligibility from the
background investigation, as well as a completed application for empioyment. if required

The gaming operation shall not employ as a key employee or primary management
Official a person who does not have a license after 90 days

SECTION XXV ~ Report to the National Indian Gaming Commission

a)

b)

c)

The Tribal Gaming Commission shall prepare and forward a report on each background
investigation to the National Indian Gaming Commission. An investigation report shall
include all of the following

1 Steps taken in conducting a background investigation:

2. Results obtained,

3. Conclusions reached; and

4 The basis for those conclusions.

The Gaming Commission shall forward the completed investigative report to the National
Indian Gaming Commission within 60 days after an employee begins work or within 60
days of the approval of this Ordinance by the Chairman of the National Indian Gaming
Commission

The Tribal Gaming Commission shall submit. with the investigative report, a copy of the

eligibility determination, unless the NIGC shall have advised the Tribe that the

submission of the eligibility determination is not necessary This determination shall

include:

1 A statement describing how the information submitted by the applicant was verified,

2. A statement of results following an inquiry into the applicant's prior activities. criminal
record, if any. and reputation. habits and associations

3. A statement showing the results of interviews of a sufficient Number of
knowledgeable peopie (such as former employers, personai references. and others
referred to by the applicant) in order to provide a basis for the Gaming Commission
to make a finding concerning the eligibility for licensing required for employment in a
gaming operation

4 Any other findings from the background investigation, and

5. A statement documenting the disposition of all potential problem areas noted and
disqualifying information obtained


Qg)

k)

Directors shall ensure that Tribal property and gaming assets shall be properly segregated
and safeguarded. and that such property and assets shall not be used for unauthorized
activities.

Directors shall not engage in outside employment or activities inciuding seeking or
negotiating for future employment. whicn conflict with their official duties and
responsibilities

Directors shall disclose waste. fraud. abuse. and/or corruption to appropriate authorities.

Directors shall endeavor to avoid any actions creating the appearance that they are
violating the law or the ethical standards listed herein.

Directors shall disclose any real or apparent financial or personal conflicts. If there is a
real conflict or the appearance of one the Director shall not take part in any decision
related to the conflict.

SECTION XI — Audit

a)

b)

The Tribal Gaming Commission shall cause an annual independent audit of Tribally
Owned Gaming, Charitable Gaming. and Small Gaming operations to be conducted and
shail submit the resulting audit reports to the National Indian Gaming Commission.

All gaming related contracts that result in the purchase of supplies, services, or
concessions in excess of $25.000.00 annually except contracts for professional legal
and accounting services. shall be specifically included within the scope of the audit that
is described in subsection (a) above

SECTION XII - Minimum Age

a)

b)

Under no circumstances will anyone under the age of 18 years be eligible for a gaming
license.

No person below the age of 18 on the date of gaming shall be permitted to play any
Class Il or Class Ill game. if any person below the age of 18 plays and otherwise
qualifies to win any games which requires notice and payout by the operator of the
facility, the prize shall not be paid. and the estimated amount wagered during the course
of the game shail be returned to the minor

SECTION XIII - General Gaming Operation Requirements

a)

Each gaming employee or operator of a Non-Tribally Owned Gaming. Small Gaming,
and/or Charitable Gaming operations (including owners). prior to beginning work or
conducting Class II or Class Ill gaming. shall be required to be licensed, at least on a

temporary or conditional basis as provided in this Ordinance as referenced in Section
XVIl

sy Page 10


3. Conduct a check of the business credit history
4. Contact the references listed in the vendor application. and
5 Conduct an investigation of the principals of the business including a criminal history
check, a credit report, and any other relevant information
b) A Vendor License from the White Earth Reservation Gaming Commission will require

that any vendor for Class Ili Video Games have a valid license from either the State of
Minnesota, New Jersey, Nevada or South Dakota

e) The Tribal Gaming Commission may adopt regulations naming specific licensing
authorities that it recognizes and may authorize exemptions to the vendor licensing

process for vendors which have received a license from one of the named regulatory
authorities

SECTION XXxXiIll - Vendor License Fee

The Tribe may charge a license fee to be set by the Tribal Gaming Commission, to cover its

expenses in investigating and licensing vendors of gaming operations located on the White
Earth Reservation

SECTION XXXIV - Vendor Background Investigation Report

a) The Tribal Gaming Commission shail review a vendor, the principals of the business
their history, credit. associations and any other relevant information deemed necessary
for consideration of a vendor license

b) The Gaming Commission shall complete an investigative report covering each of the
steps taken in the background investigation of the gaming vendor and its principals,

c) If the Gaming Commissicn determines that the vendor license would pose a threat to the
public interest or to the effective regulation of gaming, or creates or ennances dangers of
unsuitable, unfair, or illegal practices and methods and/or activities in the conduct of
gaming. the vendor license may not be granted.

SECTION XXXV — Licenses for Non-Gaming Vendors

For non-gaming vendors, the Tribal Gaming Commission is authorized to create a less stringent
vendor licensing process, including a due diligence check rather than a full background
investigation. The Gaming Commission may investigate such vendors when appropriate and
may conduct audits in addition to monitoring Tribal purchases

SECTION XXXVI - Inspection of Premises
a) The premises where authorized gaming activities are being conducted shall be subject

to inspection and audit at any reasonable time by persons designated by the White Earth
Reservation Gaming Commission (or designee). with or without notice as follows

1 If the items or records to be inspected or audited are maintained at the location where

gaming is conducted. any portion of which ts regularly open to the public or members
and guests, then at any time when the premises are so open

weds July 6, 200%



WHITE EARTH BAND OF CHIPPEWA INDIANS
CLASS Il AND CLASS Ill GAMING ORDINANCE

SECTION | — Purpose

The White Earth Band of Chippewa Indians, empowered by the Minnesota Chippewa Tribe's
Constitution to enact ordinances. hereby enacts this ordinance in order to govern Class || and
Class |I| gaming operations within the boundaries of the White Earth Reservation to

a) Regulate all forms of permissible and authorized gaming within the jurisdiction of the White
Earth Reservation

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

¢) Protect all persons from any infiitration of organized crime into any gaming operation within

the jurisdiction
d) Provide for tribal audit system on ail gaming operations

e) Provide that the Tribe will have primary regulatory authority over all forms of gaming on the
White Earth Reservation subject only to applicable federal law

f) Provide for system of investigations of ail persons associated with gaming

g) Provide a system of licensing for any gaming activities subject to the provisions of this
Ordinance that occur within the White Earth Reservation boundaries

h) To allow Tribal government to use the revenues generated for tribal self determination, to
provide additional Tribal services employment. and for general economic development and
individual self-sufficiency: for donations to charitable organizations: and/or to help fund
operations of local government agencies.

i) To harmonize with and adhere to the Indian Gaming Regulatory Act. Public Law 100-497,
102 Stat. 2467-88 25 USC § 2701 et seq. as enacted by the United States Congress on
October 17. 1988

}) To cooperate and agree on a sovereign to sovereign basis with the State of Minnesota and
any other concerned or affected states to enter into compacts or other agreements for
gaming operation, regulation and/or coordination

k) To establish a commission within the Tribal organization to oversee and regulate gaming

consistent with this ordinance and within the precepts established by the White Earth
Reservation Tribal Council

wh 6, Dou Hage |



qd)

If a license is not issued to an applicant. the Tribal Gaming Commission

1. Shall notify the NIGC: and

2. Shail forward copies of its eligibility determination and investigative report (if any) to
the NIGC for inclusion in the indian Gaming Individuals Records System

With respect to all employees and in particular key employees and primary management
officials. the Gaming Commission shall retain applications for employment and reports (if
any) of background investigations for inspection by the Chairman of the NIGC or his/her
designee for no less than three (3) years from the date of termination of employment

SECTION XXVI - Granting a Gaming License

a)

b)

d)

If, within a thirty (30) day period after the NIGC receives a report the NIGC notifies the
Tribe that it has no objection to the issuance of a license pursuant to a license
application filed by a key employee or a primary management official for whom the Tribe
has provided an application and investigative report to the NIGC. the Tribal Gaming
Commission, acting for the Tribe. may issue a license to such applicant

The Tribai Gaming Commission shail respond to a request for additional information
from the Chairman of the National Indian Gaming Commission concerning a key
employee or a primary management official who is the subject of a report. Such a
request shall suspend the 30-day period under paragraph (a) in this section until the
Chairman of the National Indian Gaming Commission receives the additional
information.

If, within the thirty (30) day period described above. the NIGC provides the Tribe with a
Statement itemizing objections to the issuance of a license to a key employee or to a
primary management official for whom the Gaming Commission has provided an
application and investigative report to the National Indian Gaming Commission. the Tribe
shall reconsider the application. taking into account the objections itemized by the NIGC

The Tribe shall make the final decision whether to issue a license to any applicant

SECTION XXVII — License Renewal

a)

b)

All gaming licenses issued will expire annually commencing with the date of
employment. Licensees must contact the Licensing Department for renewal at least 30-
days before expiration

AS a part of the renewal. background investigations will be conducted fer conformance of
this Ordinance

SECTION XXVIII — License Suspension/Revocation

Gaming Commission receives
reliable information indicating that a key employee or primary management official is not
eligible for employment. the Trioal Gaming Commission shall suspend such license and
shall notify in writing the licensee of the suspension. proposed revocation and the right
to request a hearing



b)

c)

2 Appears to be losing an unreasonable amount of money at gaming activities
3. Appears to be violating rules or regulations governing gaming activities as
established by the Commission or the Operator: or

4. By virtue of his condition or activities. disturbs the peaceful participation of other
individuals in gaming activities or disrupts the orderly conduct of the gaming activity

An operator may make reasonable inquiries of individuals in the course of determining
whether any of the activities defined in paragraph (a) above are occurring

An operator who excludes any individual pursuant to this section snail not incur any
liability, criminal or civil, as a result of an exclusion under this section

SECTION XLI - Patron Dispute Resolution

The White Earth Reservation Tribal Gaming Commission. as established in this Ordinance is
authorized to oversee and regulate all gaming activities authorized by this Ordinance, including
decision-making authority in regard to any disputes that may arise by the gaming public.

a)

b)

c)

Any person having a dispute with a Gaming Operator or Management Company
licensed by the Tribe may request that the Gaming General Manager resoive the dispute
within seven (7) days of the occurrence

If dissatisfied with the resuits received from the Gaming General Manager or Operator.
the person may request the White Earth Reservation Compliance Officer review the
incident. A decision shall be issued within fourteen (14) business days of receipt of the
written request.

A grievant who disagrees with the decision of the Tribal Compliance Officer may appeal
the decision to the White Earth Tribal Court within 14 days of the notification from the
Tribal Compliance Officer

SECTION XLII - Sovereign Immunity

The White Earth Reservation Tribal Council acting for the White Earth Band of Chippewa
Indians by this enactment, does expressly retain and does not in any way waive its sovereign
immunity as expressed in treaties. laws or in any other manner

SECTION XLIII - Agent for Service of Process

The Tribe hereby designates the Tribal Chair as agent for service of process. who may be
contacted at.

Tribal Chair

White Earth Reservation Tribal Office
38500 Eagle Vi
P.O. Box 418
White Earth. MN 56591



SECTION XXxXI - Contents of the Vendor License Application

a) Applications for gaming vendor licenses must include the following

1 Name of business, business address. business phone federal tax 1D number (or Social

Security Number if a sole proprietorship). main office address if different from the

business address, and any other names the applicant has done business under

The type of service the applicant will provide

3. Whether the applicant is a partnership corporation. limited liability company. sole
proprietorship. or other entity

N

4 If the applicant is a corporation. the state of incorporation. and the qualification to do
business in the State of Minnesota if the gaming operation is in a different state than the
state of incorporation

5. Trade name. other names ever used. names of any wholly owned subsidiaries or other
businesses owned by the vendor or its principals

6 General description of the business and its activities.

7. A description of any existing and previous business relationships with the gaming
industry generally including ownership interests in those businesses

8 A list of Indian Tribes with which the vendor has an existing or previous business
relationship. including ownership. financial. or management interests in non-gaming
activities:

9. Name, addresses. and phone numbers of three business references with whom the
company had regularly done business for the last five (5) years.

10.The name and address of any licensing or regulatory agency with which the business

has filed an application for a license or permit related to gaming. whether or not such

license or permit was granted

if the business has ever had a license revoked for any reason, the circumstances

involved:

12. A list of lawsuits to which the business nas been a defendant, including the name and
address of the court involved, and the date and disposition, if any:

13. List the business’ funding sources and any liabilities of $50,000 or more.

14. A list of the principals of the business. their social security numbers. addresses and
telephone numbers. title. and percentage of ownership in the company: and

15. Any further information the Tribe deems relevant

4

b) The following notice shail be placed on the application form for a vendor and its
principals.

Inclusion of false or misleading information in the vender application may be grounds for
denial or revocation of the Tribe s vendor license

SECTION XXXII — Vendor Background Investigations

a) The Tribal Gaming Commission shai! complete an investigation of the gaming vender
This investigation shall contain. at a minimum. the following steps
1. Verification of the business incorporation status and qualification to do business in
the State where the gaming operation is located

2 Obtain a business credit report if available. and conduct a Better Business Bureau
check on the vendor

July 6. 2009



1

2

SECTION

The Tribe

Complete a new application form that contains both the Privacy Act and false
Statement notices. or

Sign a statement that contains the Privacy Act and false statement notices and
consent to the routine uses described in that notice

XIX - License Fees

authorizes the Tribal Gaming Commission to charge a license fee in order to cover

its expenses in investigating and licensing Key Empioyees and Primary Management Officials of
the gaming operation

SECTION

XX — Fingerprints

Each applicant for a Key Employee or Primary Management Official shall be required to have
fingerprints taken as part of the license application procedure Fingerprints shall be taken by

the White

Earth Reservation Licensing Department. Fingerprints will then be forwarded to the

NIGC for processing through the FBI to determine the applicant s criminal history if any

SECTION

XX! — Background Investigations

a) The Tribal Gaming Commission ts responsibie for conducting background investigations
and suitability determinations

b) The Tribal Gaming Commission shall request from each primary management official
and from each key employee all of the following information:

1

2

10

Vey

Full name, other names used (oral or written), social security number(s). birth date
place of birth, citizenship. gender. all languages (spoken or written).

Currently and for the previous 5 years business and employment positions held
ownership interests in those businesses. business and residence addresses. and
driver's license number(s)

The names and current addresses of at least three personal references, including
one personal reference who was acquainted with the applicant during each period of
residence listed under paragraph (b) (2) of this section:

Current business and residence telephone numbers.

A description of any existing and previous business relationships with Indian Tribes
including ownership interests in those businesses

A description of any existing and previous business relationships with the gaming
industry generally. including ownership interests in those businesses:

The name and addresses of any licensing or regulatory agency with which the
person has filed an application for a license or permit related to gaming, whether or
not such license or permit was granted.

For each felony for which there was an Ongoing prosecution or a conviction, within
10 years of the date of the application. the charge, the name and address of the
court involved and the date and disposition

For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding
minor traffic violations). within 10 years of the date of the application the name and
address of the court involved and the date and disposition

For each criminal charge (excluding minor traffic charges). whether or not there is a
conviction if such criminal charge is within 10 years of the date of the application
and is not otherwise listed pursuant to Paragraph (b) (8) or (b) (9) of this section, the

proved July 4 200% Hae 14


¢) The Tribe shall have the sole regulatory responsibility for the conduct of all gaming
within the exterior boundaries of the White Earth Reservation

SECTION VI — Non-Tribally Owned Gaming Enterprises (NTOGE)

a) The White Earth Reservation Gaming Cammission shail license and regulate all Class |i
and Class Ili gaming within the exterior boundaries of the White Earth Reservation
pursuant to this Ordinance. including those Class |] and Class Ili gaming operations that
are not Tribally owned

b) Non-Tribal persons or entities shall not be eligible to receive a tribal license to own 2
Class Il gaming activity conducted on the White Earth Reservation if such person or
entities would not be eligible to receive a gaming license from the State of Minnesota to
conduct the same activity within the jurisdiction of the State

¢) Any person or entity other than the Tribe that is permitted by the Tribe to operate Class
Ill gaming on the White Earth Reservation must be fully compliant with the terms of the
applicable Tribal/State Compact

SECTION VII — Use of Gaming Revenue
Net revenues from tribally reguiated gaming shall be used only for the following purposes
to fund tribal government operation and programs:
to provide for the general welfare of tne Tribe and its members.
to promote tribal economic development:
to donate to charitable organizations: or
. to help fund operations of local government agencies.

QRWN

SECTION Vill — Per Capital Payments

If the Tribe elects to make per capita payments to tribal members from revenues derived from
its gaming operations. it shali ensure that the following requirements of 25 C.F_R. Part 290 are
met

a) The Tribe shall authorize and issue such payments only in accordance with a revenue
allocation plan submitted to and approved by the Secretary of the Interior under 25 USC. §
2710(b)(3)(B)

b) The Tribe shall ensure that the interests of minors and other legaily incompetent persons
who are entitled to receive any per capita payments under a Tribal per capita payment plan
are protected and preserved. and that the per capital payments are disbursed to the parents
or legal guardian of such minors or legal incompetents in such amounts as may be
necessary for the health, education. or welfare of the minor or other legally incompetent
person. under a plan approved by the White Earth Band of Chippewa Indians and the
Secretary of the Interior The Tribe must also establish criteria and a process for withdrawal
of funds by the parent or legal guardian

¢) The White Earth Band of Chippewa indians shali designate or create a Tribal court system
forum, or administrative process for resolution of disputes concerning the allocation of net



Page | of 1

Haizlip, Barbara D

From: — Haizlip, Barbara D

Sent: Wednesday, July 29, 2009 6:20 AM
To: #Contracts & Ordinances

Subject: White Earth Band of Minnesota Chippewa Tribe

Received letter by e-mail from White Earth Reservation Tribal Council.

On behalf of the White Earth Reservation Tribal Council | am enclosing a copy
of the White Earth Reservation Gaming Ordinance that was approved on
Monday, July 6, 2009. The Ordinance was amended primarily in the sections
pertaining to small gaming establishments.

The amended Gaming Ordinance is being provided for purposes of approval by the
NIGC as required by the Indian Gaming Regulatory Act.

7/29/2009


State regulations on gaming within the boundaries of the White Earth Reservation. its
authorized officials, agents and representatives

f) Compact means a Tribal-State Compact concerning ciass Il! gaming approved by the
Secretary of the Interior and published in the Federal Register pursuant to 25 USC. §
2710(d)

Complimentary means a service or item provided at no cost or at a reduced cost. to a
customer

g

h) Director means a Member of the Tribal Gaming Commission

!) Fund Raising Event means a fund raising event sponsored by a bona fide religious
charitable or non profit organization at which gaming activities will be conducted under the
regulation of the White Earth Reservation Tribal Gaming Commission

j) Gaming Operation means any gaming enterprise whether or not operated by the Tribe

k) Gross Gaming Revenue means the total amount of cash wagered on Class I! and Class II!
games and admission fees (including table or card fees), less any amounts paid out as
prizes or paid for prizes awarded

1) Indian Lands means.

1. All lands within the limits of the Tribe's reservation:

2. Any lands title to which is either held in trust by the United States for the benefit of the
Tribe or individual or held by the Tribe or individual subject to restriction by the United
States against alienation and over which the indian Tribe exercises governmental power:
and

3. For all lands acquired into trust for the benefit of an Indian tribe after October 17, 1988,
the lands meet the requirements set forth in 25 U S.C. § 2719

m

Indian Tribe means the White Earth Band of Chippewa indians

n) Internal Audit means persons who perform an audit function of a gaming operation that are
independent of the department subject to audit

0) Key employee means:
1. A person who performs one or more of the following functions

) Bingo caller;
ii) Counting room supervisor;
ii) Director of Security:

tv) Custodian of gaming supplies or cash

v) Shift Manager.

vi) Floor Supervisor

vil) Pit boss

viii) Dealer,

Ix) Custodian of gambling devices including persons with access to cash and
accounting records within such devices

x) Primary management official

xi) Operator or manager of video games



SECTION II — Definitions

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein shall
have the same meaning as defined in the Indian Gaming Regulatory Act (IGRA), 25US.C §
2701 and its regulations, 25 C.F. R. § 501-599. Specifically

a) Charitable Gaming Operation means a specifically designated gaming operation where all
proceeds are for the benefit of a charitable organization

b) Class | Gaming means socia! games solely for prizes of minimal value or traditional forms of
Indian gaming engaged in by individuals as a part of or in connection with. tribal
ceremonies or celebrations

c) Class ll Gaming means
1. bingo or lotto (whether or not electronic. computer. or other technologic aids are
used) when players
i) Play for prizes with cards bearing numbers or other designations
ti) Cover numbers or designations when object, similarly numbered or
designated, are drawn or electronically determined; and
tii) Win the game by being the first person to cover a designated pattern on
such cards;
2. If played in the same location as bingo or fotto. pull-tabs. punch boards. tip jars
instant bingo, and other games similar to bingo:
Nonbanking card games that:
i) State law explicitly authorizes. or does not explicitly prohibit. and are
played legally anywhere in the state: and
ii) Players piay in conformity with state laws and regulations concerning
hours, periods of operation, and limitations on wagers and pot sizes:
4. Individuaily owned class Il gaming operations —
i) That were operating on September 1, 1986:
ti) That meet the requirements of 25 U.S.C. 2710(b)(4)(B)
iii) Where the nature and scope of the game remains as it was on October
17, 1988: and
iv) Where the ownership interest or interests are the same as on October 17,
1988

w

d) Class lil gaming means all forms of gaming that are not class | gaming or class || gaming
including but not limited to
1. Any house banking game. including but not limited to —
) Card games such as baccarat. chemin de fer. blackjack (21). and pai gow
(if played as house banking games)
ti) Casino games such as roulette. craps, and keno
2. Any slot machines as defined in 15 USC. 1171(a)(1) and electronic or
electromechanical facsimiles of any game of chance
3 Any sports betting and pari-mutuel wagering including but not limited to wagering on
horse racing dog racing or jai alai. or
4 Lotteries

e) Commission or Gaming Commission means the Tribal Gaming Commission established to
perform regulatory oversight and to monitor compliance with Tribal. Federal, and applicable



Criminal charge. the name and address of the court involved and the date and
disposition.

11. 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,

12. A photograph taken within the last year. and

13. Any other information the Tribe deems relevant

SECTION XXII - Procedure for Conducting a Background Investigation on Applicants

As a part of its review procedure the Commission or its agent shall conduct a background
investigation on each applicant sufficient to allow the Gaming Commission to make an eligibility
determination. The investigation shal!

a) Verify the applicant's identity through items such as a social security card, driver's license,
birth certificate, or passport:

b) Contact each personal and business reference provided in the License Application, when
possible

¢) Obtain a personal credit check,
d) Conduct a civil history check:

e) Conduct a criminal history check via the submission of the applicant's fingerprints to the
NIGC. and further obtain information from the appropriate court regarding past felony and/or
misdemeanor convictions and criminal charges within the last ten years,

f) Inquire into any previous or existing business reiationships with the gaming industry and
Indian Tribes by contacting the entities or Tribes

g) Verify the applicant's history and status with any licensing agency by contacting the agency.
and

h) Take other appropriate steps to verify the accuracy of the information. focusing on problem
areas noted

SECTION XXIll — Eligibility Determination

a) The Tribal Gaming Commission shail review a person’s prior activities, criminal record. if
any, reputation, habits. associations and any other findings from the background
investigation to make a finding cancerning the eligibility of a key employee or primary
management official for employment in a gaming operation

b) 'f the Tribal Gaming Commission determines that employment of the person poses a
threat to the public interest or to the effective regulation of gaming, or creates or
enhances dangers of unsuitable unfair or illegal practices and methods and/or activities
in the conduct of gaming. the gaming operation snail not employ that person in a key
employee or primary management official position

Approved 6, 2009 Fa



c)

qd)

e)

No person. entity corporation organization or government. except the White Earth Band
of Chippewa Indians. shail authorize any form of Class Il or Class II! gaming within the
exterior boundaries of the White Earth Reservation Such gaming shall be consistent
with

1. the Indian Gaming Regulatory Act

2. a Tribal-State Compact: and/or

3 a license issued by the White Earth Reservation Gaming Commission

The White Earth Band of Chippewa Indians shall enact rules and regulations regarding
the licensing of Class || and Class ill games which shall be consistent with the provisions
of the Indian Gaming Regulatory Act and the laws of the White Earth Reservation

Any person, entity corporation, organization or government that conducts Class Il or
Class {il gaming within the boundaries of the White Earth Reservation without a license
issued by the White Earth Reservation Gaming Commission or that purports to
authorize such gaming in violation of the laws or regulations of the White Earth Band of
Chippewa Indians commits 4 civil infraction, in addition to any further applicable criminal
penalties

Any person. entity corporation organization or government found to have committed a
civil infraction by failing to compiy with the laws of the White Earth Band of Chippewa
Indians shail be subject to a civil fine in addition to other legal and equitable remedies
available in civil cases

The White Earth Reservation Tribal Council hereby reserves the right to license other
and further gaming activities if and when such other and further gaming satisfies the
requirements of the Indian Gaming Regulatory Act, 25 U.S.C. §§2701et seq

SECTION IV — Gaming Not Authorized

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

SECTION V — Ownership of Gaming

a)

The Tribe shail have the sole proprietary interest in and responsibility for the conduct of
any gaming operation authorized by this ordinance. unless non-Tribally owned gaming.
small gaming operations. or charitable gaming is approved and licensed under this
ordinance

In order to be licensed by the White Earth Tribal Gaming Commission, individual owners

in addition to the requirements of this ordinance shall also be required to

1. Pay to the White Earth Reservation not less than 60 percent of the non-Tribally
owned gaming operation's net gaming revenues to be used only for the purposes
set forth in this Ordinance at Section VII

2 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
that jurisdiction. a Tribal license shall be denied

3. Pay NIGC annual fees. as applicable



c)

2. If the items or records to be inspected or audited are not located upon a premises set
out is subsection (1) above. then at any time between the hours of 8:00 a.m and
9:00 p.m.. Monday through Friday

The White Earth Reservation Gaming Commission shall be provided, at such reasonable
intervals as the Commission shall determine. with a certified report detailing all receipts
and disbursements in connection with such gaming activities together with such other
reasonable information as required in order to determine whether such activities comply
with this Ordinance and other applicable laws. rules and/or regulations

Any agent of the White Earth Reservation Gaming Commission is required to

prominently display an identification card while performing service on behalf of the
Commission

SECTION XXXVII — Environment and Public Health and Safety

Gaming facilities shall be constructed, maintained and operated in a manner that adequately
, Protects the environment and the public health and safety.

Each facility is subject to a annuai environmental and public health and safety inspections by
the Gaming Commission designee. Any deficiencies noted from the inspection will be provided
to the operator, and such deficiencies must be corrected within 30 days Failure to correct
deficiencies within 30 days will result in penalties up to and including closure.

SECTION XXXVIIl — Violations and Sanctions

a)

b)

c)

Any person who engages in Gaming or Gaming related activities on property subject to
the provisions of this Ordinance without a gaming license. or in violation of the terms
imposed by a Gaming License. or in violation of the terms of a suspension imposed by
the Gaming Commission on that Gaming License. or in violation of any other provision of
this Ordinance and regulations promulgated hereunder. or amendments hereto, shall be
in violation of the Ordinance. This provision shall apply to any person who is upon any
premises licensed by this Ordinance without the consent of the licensee and/ or the
Gaming Commission.

Violation of any provision of this Ordinance or any of the Gaming Commission's
Regulations by a Licensee, his or her agent or employee

1. Shail be deemed contrary to the public safety, good order, and general welfare of the
Band and its members.

2. May be grounds for refusing to grant or renew a License. or for suspension or
revocation of a license

3. May be grounds for filing a compiaint with the National Indian Gaming Commission
may be grounds for filing criminal charges and/or a civil action in a court of
competent jurisdiction on behalf of the Gaming Commission: and

4. In the case of a licensee being convicted of a felony, shall be grounds for immediate
revocation of the License

Acceptance of a License or renewal thereof or condition imposed thereon by a Licensee
constitutes agreement of the part of the Licensee to be bound by all the regulations


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October 23, 2009

Franklin B. Heiser, Secretary/Treasurer
White Earth Reservation Tribal Council
P.O. Box 418

White Earth, Minnesota 56591

RE: Amendments to the White Earth Reservation Gaming Ordinance
Dear Mr. Heiser:

This letter responds to your request to the National Indian Gaming Commission (NIGC) to
review and approve the White Earth Reservation’s (Tribe) amendments to its Gaming
Ordinance (Amendment). The White Earth Reservation Tribal Council adopted the
Amendment by Resolution No. 090-09-001 adopted on July 6, 2009, and the NIGC received
the ordinance on July 30, 2009.

The Ordinance is consistent with the requirements of the Indian Gaming Regulatory Act
(IGRA) and NIGC regulations, and it is therefore approved. It is important to note that
the Ordinance is approved for gaming only on Indian lands, as defined in the IGRA, over
which the Tribe has jurisdiction. 25 U.S.C. § 2703(4); 25 C.F.R. § 502.12

Thank you for your submission. If you have any questions or require assistance, please
contact Jennifer Ward in the Office of the General Counsel, at 202-632-7003.

Sincerely,

Saha

<—

George T. Skibine
Acting Chairman

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


5, Make licensing suitability determinations which shall be signed by the Senior

Director of the Gaming Commission

Issue gaming licenses to management officials and employees of the operation

consistent with the suitability determination

Establish standards for licensing gaming operations

Issue facility gaming licenses to gaming operations.

Set wager limits

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

r 11. Inspect. examine and monitor all gaming activities and have immediate access to

review. inspect examine. photocopy. and audit all records of the gaming
establishment

12. investigate any suspicion of wrongdoing associated with any gaming activities

13. Comply with any and ail reporting requirements under the !GRA, Tribal-State
compact to which the Tribe is a party. and any other applicable law;

14, Promulgate and issue regulations necessary to comply with applicable internai
control standards

15. Promulgate and issue regulations on the levying of fees and/or taxes associated with
gaming license applications

16. Promulgate and issue regulations on the levying of fines and/or suspension or

revocation of gaming licenses for violations of the gaming ordinance. or any other

Tribal, Federal, or State. if applicable. gaming regulations

Provide referrais and information to the appropriate law enforcement officials when

such information indicates a violation of Tribal, Federai, or State statute, ordinance

or resolution

18. Create a list of regulatory authorities tnat conduct vendor background investigations
and licensing which the Commission recognizes as trustworthy:

19. Draft reguiations exempting vendors from ihe licensing and/or background
investigation requirements if they have received a license from a recognized
regulatory authority:

20. Perform such other duties the Commission deems appropriate for the proper
regulation of the gaming operation:

o

Oar

a

q

21. Promulgate such regulations and guidelines as it deems appropriate to implement
the provisions of this Ordinance
f) In addition to the duties in (e) above. the Gaming Commission shall oversee (at a minimum)

the following at a Tribaily Owned gaming operation

1. Monitor and oversee the operations of the gaming facility whether managed by a
tribal employee or by an approved management contractor

2. Set hours of operation for the gaming facility

3. Establish employee policies and rates of pay:

4. Adopt an annual operating budget:

5. Any other duties necessary to monitor and oversee the gaming operation

g) The Gaming Commission shall ensure that all records and information obtained as a result
of an employee background investigation shall remain confidential and shall not be
disclosed to persons who are not directly involved in the licensing and employment
processes. Information obtained during the course of an employee background investigation

Approved: Judy 6, 2009 Hage 8


gaming revenues and the distribution of per capita payments and will explain how it will
correct deficiencies

d) The White Earth Band of Chippewa Indians shall ensure that the Tribal revenue allocation
plan reserves an adequate portion of net gaming revenues from the tribal gaming activity to
do one or more of the following purposes. fund Tribal government operations or programs
provide for the general welfare of the Tribe or its members promote tribal economic
development. donate to charitable organizations. or to help fund operations of local
government

e) The White Earth Band of Chippewa indians shall ensure that distributions of per capita
payments are made according to specific eligibility requirements

f} The White Earth Band of Chippewa Indians shall ensure that Tribal members are notified of
the tax liability for per capita payments and how taxes will be withheld

SECTION IX ~ Tribal Gaming Commission

a) The Tribe hereby establishes a Tribal Gaming Commission whose duty it is to regulate
gaming operations The Tribal Gaming Commission shail consist of 5 members

5) The purpose of the Tribal Gaming Commission is regulatory and managerial oversight for a
Tribally-Owned facility In the event that the Tribe enters into a management contract
approved by the NIGC. the Commission may delegate some or all duties to the approved
management contractor. The Gaming Commission shall oversee ail aspects of the gaming
operation(s)

c) The purpose of the Tribal Gaming Commission is to regulate and to insure compliance of
non-Tribally owned gaming. charitable gaming. and small gaming operations. Regulation of
gaming operations shall be the sole responsibility of the Tribal Gaming Commission

d) The Commission will conduct oversight to ensure compliance with Tribal, Federal, and. if
applicable, State laws and regulations The Commission will serve as the licensing authority
for individuals employed in gaming operations and will administer background investigations
as part of the licensing process. The Commission will also have a role in monitoring
compliance with the internal controls for the gaming operating and in tracking revenues. In
order to carry out is regulatory duties, the Commission shail have unrestricted access to all
areas of the gaming operation(s) and to all records ~The Commission shall have authority to
take enforcement actions. including suspension or revocation of a gaming license when
appropriate.

@) The Gaming Commission shall oversee the following at all gaming operations on the White
Earth Reservation

1. Conduct or cause background investigations to be conducted on. at a minimum,
primary management officials and key employees

2 Review and approve all investigative work conducted

3. Report results of background investigations to the NIGC

4. Obtain and process fingerprints. or designate an agency to obtain and process
fingerprints:

Ipproved Judy 6, Zou i im


2 If not otherwise included. any other person whose total cash compensation is in
excess of $50,000 per year: or

3. If not otherwise included. the four most highly compensated persons in the gaming
operation

4 |f not otherwise included, licensees shall at their discretion designate certain other
positions as key positions within that particular establishment

3S

Management contract means any contract. subcontract. or collateral agreement between an
Indian tribe and a contractor or between a contractor and a subcontractor if such contract or
agreement provides for the management of all or part of a gaming operation

q) Net revenues means gross gaming revenues of a gaming operation less amounts paid out
as, or paid for, prizes: and total gaming-related operating expenses. exciuding management
fees

t) NIGC means the National indian Gaming Commission

s) Non-Tribally Owned Gaming Enterprise means a licensed gaming operation not owned by
the Tribe

t) Payout means a transaction associated with a winning event

u) Per capita payment means the distribution of money or other thing of value to all members
of the Tribe. or to identified groups of members. which is paid directly from the net revenues
of any tribal gaming activity.

v) Permit means an acknowledgement from the Tribal Gaming Commission that a one time
bona fide fundraising event has been reported to the Tribe

W)

Primary management official means
1. The person(s) having management responsibility for a management contract:
2. Any person who has the authority:
i) To hire and fire employees: or
ii) To set up working policy for the gaming operation; or
3. The chief financial officer or other person who has financial management
responsibility

x) Small_ Gaming Operation are those tribally-licensed gaming establishments where the
annual gross gaming revenue realized in a calendar year does not exceed $2 million

y) State means the State of Minnesota. its authorized officials. agents and representatives

z) Tribe means the White Earth Band of Ojibwa Indians. (a/k/a White Earth Reservation Tribal
Council), its authorized officials. agents and representatives

SECTION Ill - Gaming Authorized

a) Class | and Class |i gaming are hereby authorized. including Non-Tribally owned Class
\l and Class Ill gaming. small gaming operations and charitable gaming operations



The Tribal Gaming Commission shall notify the licensee of a time and a place for a
hearing on the proposed revocation of a license

After a revocation hearing, the Tribal Gaming Commission shall decide to revoke or to

reinstate a gaming license. The Tribai Gaming Commission shall notify the NIGC of its
decision

SECTION XXIX — Appeal of Decision of the Commission

a)

Cc)

d)

e)

If the White Earth Gaming Commission denies a person a license or if the Commission
revokes a license which was previously granted. the Commission shall do so in writing
outlining the reason(s) for such decision and deliver such notice to the person via
certified mai!, return receipt requested

If a person has been aggrieved by a licensing decision of the White Earth Gaming
Commission, they may appeal the decision to the White Earth Reservation Tribal Court

within 15 calendar days of the date the notice was received by the U S. Postal Service or
other carrier as evidenced by a dated receipt for same

The appeal shall be only on the record. and shall not be heard de nove

If Tribal Court concludes that the order of the Commission was issued arbitrarily and
capriciously, clearly erroneously. or in violation of the Constitution of the Minnesota
Chippewa Tribe or the constitutional rights of Indians (25 U.S.C §§ 1301-1303) made
upon unlawful procedure or some other clear error of law, the Court shall vacate the
same and remand the issuance or re-issuance of a license

if the Tribal Court concludes that none of the reasons for reversing the decision of the
Gaming Commission are present. the denial shall be upheld

The Tribal Gaming Commission shail notify NIGC of any decision to revoke a gaming
license

SECTION XXX — Licenses for Vendors

a)

b)

c)

Vendors of gaming services or supplies must have a vendor license from the Tribal
Gaming Commission in order to transact business with any gaming operation located on
the White Earth Reservation. Contracts for professional legal and accounting services
are excluded from this section

Gaming Vendors are vendors who provide gaming supplies or services. including cash-
related services

In order to obtain a gaming vendor license the business must complete a vendor
application and submit to background checks of itself and its principals. Principals of a
business include its officers. directors. management. owners. partners. non-institutional
stockholders that either own 10% or more of the stock or are the 10 largest stockholders,

and the on-site supervisor or manager under the agreement with the Tribe, if applicable


SECTION XLIV - Compliance with Federal Law and Tribal-State Compact

The Tribe will comply with ail applicable federal iaws. including the Bank Secrecy Act 31U.SC
§ 5311 as well as the Tribal-State Compact

SECTION XLV ~ Repeal

To the extent that they are inconsistent +
hereby repealed

th this ordinance. all prior gaming ordinances are

SECTION XLVI - Savings Clause

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 judgment 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 valid absent an enforceable injunction to the contrary



CONTENTS

SECTION | - PURPOSE 1
SECTION Il - DEFINITIONS 2
SECTION Ili - GAMING AUTHORIZED 4
SECTION IV - GAMING NOT AUTHORIZED s
SECTION V ~ OWNERSHIP OF GAMING 8
SECTION VI ~ NON-TRIBALLY OWNED GAMING 6
SECTION Vil - USE OF GAMING REVENUE ©
SECTION Vill - PER CAPITA PAYMENTS. ‘
SECTION IX - TRIBAL GAMING COMMISSION 7
SECTION X ~ ETHICS 9
SECTION XI ~ AUDIT Ie
SECTION XIl - MINIMUM AGE 10
SECTION Xill - GENERAL GAMING OPERATION REQUIREMENTS lo
SECTION XIV - TRIBAL INTERNAL CONTROL STANDARDS ia
SECTION XV — FACILITY LICENSES 12
SECTION XVI - GAMING PERMITS 12
SECTION XVII - LICENSES KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS 3
SECTION XXill - LICENSE APPLICATION FORMS 13
SECTION XIX - LICENSE FEES i

SECTION XX ~ FINGERPRINTS .. 14
SECTION XX! - BACKGROUND INVESTIGATIONS 4
SECTION XXil - PROCEDURE FOR CONDUCTING A BACKGROUND INVESTIGATION 15
SECTION XXIII - ELIGIBILITY DETERMINATION - 15

SECTION XXIV - PROCEDURES FOR FORWARDING APPLICATIONS TO NIGC lo
SECTION XXV - REPORT TO THE NATIONAL INDIAN GAMING COMMISSION a 16

SECTION XXVI —- GRANTING A GAMING LICENSE 17
SECTION XXVII — LICENSE RENEWAL 7
SECTION XXVIII - LICENSE SUSPENSION/REVOCATION 7
SECTION XXIX - APPEAL OF DECISION OF THE COMMISSION Is
SECTION XXX - LICENSES FOR VENDORS Is
SECTION XXX! - CONTENTS OF THE VENDOR LICENSE APPLICATION 19
SECTION XXxXil - VENDOR BACKGROUND INVESTIGATIONS 19
SECTION XXxXIll - VENDOR LICENSE FEE 20
SECTION XXXIV - VENDOR BACKGROUND INVESTIGATION REPORT att)
SECTION XXXV - LICENSES FOR NON-GAMING VENDORS at)
SECTION XXXVI - INSPECTION OF PREMISES we
SECTION XXXVII - ENVIRONMENT AND PUBLIC HEALTH AND SAFETY 24

SECTION XXXVIII - VIOLATIONS AND SANCTIONS

SECTION XXxXIX - CIVIL PENALTY PROVISIONS

SECTION XL - EXCLUSION OF INDIVIDUALS FROM GAMING ACTIVITIES
SECTION XLI - PATRON DISPUTE RESOLUTION

SECTION XLII - SOVEREIGN IMMUNITY

SECTION XLIIl - AGENT FOR SERVICE OF PROCESS

SECTION XLIV - COMPLIANCE WITH FEDERAL LAW AND TRIBAL-STATE COMPACT 24
SECTION XLV ~ REPEAL an
SECTION XLVI —- SAVINGS CLAUSE 24



d)

Operators or employees in charge of Class Ii or Class ill gaming shall provide required
reports, audits contracts for service or supplies as requested by the Tribal Gaming
Commission

Any operator or employee of any Class il or Class I!! gaming shall deposit the proceeds
of the gaming operation according to applicable rules and regulations adopted by the
Tribal Gaming Commission.

Any operator or employee may request the assistance of the White Earth Reservation
Gaming Commission in obtaining training or instruction for the benefit of the Class Il or
Class Ili gaming operation, or in ascertaining the intent of this Ordinance

SECTION XIV - Tribal Internal Control Standards

a)

The Tribe gives responsibility to the Tribal Gaming Commission to conform with 25
C.F R. § 542 to adopt and implement Tribal Internal Control Standards (TICS) for the
operation of Tribally Owned and Non-Tribally Owned gaming operations in accordance
with applicable law.

Each Gaming Operation shail have particular TICS according to the following
4 Small Gaming Operations with annual gross gaming revenues below $2 000.000 are
exempt from this requirement. but must follow any applicable policies and procedures
adopted by the Tribal Gaming Commission pursuant to 25 C.F.R § 542.6(a)
a Smail Gaming Operations are exempt from the White Earth Class li Gaming
Minimum Internal Control Standards
b. Smail Gaming Operations must comply with the alternate procedures
included in the White Earth Ciass || Gaming Tribai Interna! Control Standards
which are designed to
i Protect the integrity of the games offered:
ii, Safeguard the assets used in connection ith the operations, and
li, Create, prepare and maintain records in accordance with generally
accepted accounting principles
2. Charitable Gaming Operations are exempt from this requirement provided
a all net gaming revenues are for the benefit of a charitable organization
b the operation is operated wholly by the charitable organization's employees or
volunteers
the annual gross gaming revenues are below $100 000 must follow
applicabie policies and procedures Charitable Gaming Operations with more
than $100,000 annual gross gaming revenues but less than $1.000.000 must
follow any applicable policies and procedures adopted by the Tribal Gaming
Commission pursuant to the 25 C.F.R § 542.6 (a). Small Gaming Operation
policies and procedures snail apply
3 Tier A Gaming Operations with more than $1.000 000 annual gross gaming revenues
but less than $5.000,000 are subject to 25 CFR. § 542.1 to 542.18 and 542.20 to
$42.23
4 Tier B Gaming Operations with more than $5.000.000 annual gross gaming revenues.
but less than $15,000.000 are subject to 25 C FR § 542 1 to 542.18 and 542.30 to
542335 Tier C Gaming Operations with more than $15.000,000 annual gross
gaming revenues are subject to 25 C F R. § 542.1 to 542 18 and 542 40 to 542.43



SECTION XVII — Licenses for Key Employees and Primary Management Officials

a)

The Tribe shall ensure that the policies and procedures set out in this section are
implemented with respect to key employees and primary management officials
employed at any gaming enterprise operated within the boundaries of the White Earth
Reservation. The Tribe will issue licenses and perform background investigations
according to requirements at least as stringent as 25 C FR. Parts 556 and 558

Notwithstanding anything herein to the contrary if the Applicant has completed a

License Application. the Gaming Commission may immediately issue a temporary

license if

1. The Gaming Commission has conducted a preliminary local background
investigation; and

2 Based on the preliminary investigation the information does not indicate that the
Applicant has a criminal history

3. A temporary license shall not exceed 90 days

SECTION XVIII - License Application Forms

a)

b)

Cc

The following notice shail be piaced on the application form for a key employee or a
primary management official:

In compliance with the Privacy Act of 1974, the following information is provided
Solicitation of the information on this form is authorized by 25 U.S.C 2701 et seq The
purpose of the requested information is to determine the eligibility of individuals to be
employed in a gaming operation. The information wili be used by the Tribe and the
National Indian Gaming Commission members and staff who have need for the
information in the performance of their official duties. The information may be disclosed
to appropriate Federal. Tribal. State. local, or foreign law enforcement and regulatory
agencies when relevant to civil, criminal or regulatory investigations or prosecutions or
when necessary pursuant to a requirement by a Trive 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 investigation 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 Tribe being unable to hire you in a primary management official or key
employee position.

The disclosure of your Social Security Number (SSN)} is voluntary However, failure to
supply a SSN may result in errors in processing your application

The following additional notice snail be placed on the application form for a key
employee or a primary official

A false statement on any part of your application may be grounds for not hiring you. or
for firing you after you begin work. Also. you may be punished by fine or imprisonment

The Tribal Gaming Commission shall notify in writing existing key employees and

Primary management officials who have not compieted an application containing the
Notices set forth above that they shall either

wd July Dos Deverell


WHITE EARTH RESERVATION
GAMING ORDINANCE

APPROVED JULY 6, 2009



and/or conditions of the Gaming Commission and by the provisions of this Ordinance
and the regulations promulgated hereunder and as the same may informed of the
contents of all such regulations provisions and conditions and ignorance thereof will
not excuse the violations

qd) Any person in violation of this Ordinance shall be subject to sanctions under this
Ordinance The following provisions shall govern the response of the Gaming
Commission to violations

1. Each day of violation may constitute a separate count or violation of this Ordinance
Separate violations shall be heard as separate offenses before the Gaming
Commission and/or prosecuted by a court of appropriate jurisdiction

2 All property used in each and every separate violations of this Ordinance may
become the property of the Band. All property used in each and every separate
violation of this Ordinance may be subject to forfeiture following a hearing

3 Violators may also be required to pay court costs storage fees and auction or sales
fees;

4 Persons may be excluded cr ejected from Gaming Enterprises or prohibited from

trespassing on premises licensed under this Ordinance, and may be subjected to

civil penalties or sanctions for violating any provision of this Ordinance:

Licenses may be suspended. revoked or limited and/or Gaming Establishments my

be forcibly closed

6. Winnings found to have been received in violation of this ordinance may be

confiscated and may. following a hearing. be forfeited and become the property of

the Band:

Civil penalties may be imposed as additional sanctions. in the amounts prescribed

and in accordance with the hearing procedures set forth in the Ordinance.

a

MI

(e) Any of the above actions may be taken at the discretion of the Gaming Commission

SECTION XXXIX — Civil Penalty Provisions

It shail be a civil violation of the laws of the White Earth Band of Chippewa Indians to disobey
the provisions of this Ordinance or any regulations promulgated by the Gaming Commission, or
any proper order issued under the authority of this Ordinance Any person or Licensee found to
be guilty of such violation may be assessed a civil penalty

Civil penalties may be imposed pursuant to and in compliance with the provisions of this
Ordinance, and any regulations promulgated by the Gaming Commission under the authority
provided in this Ordinance. Civil penalties may be imposed in addition to the imposition of any
other sanctions permitted under this Ordinance. including but not limited to suspension or
revocation of the Gaming License for a period not to exceed one year Civil penalties may be
imposed up to the amount of $25.000.00 for each individual violation. exclusive of any
restitution.

SECTION XL ~ Exclusion of Individuals from Gaming Activities

a) Any operator shall have the authority and discretion to exclude from gaming activities or
gaming facilities. any individual who
1. Appears to be under the influence of intoxicants

wed July 6. Quy Page 22



WHITE EARTH RESERVATION TRIBAL COUNCIL WY
a/kla WHITE EARTH BUSINESS COMMITTEE
a/k/a WHITE EARTH BAND OF CHIPPEWA INDIANS

Resolution Number _0GO- 0A - 00|

WHEREAS: _ The White Earth Reservation Tribal Council is the duly elected governing body
of the White Earth Reservation pursuant to Article IV, Section |, of the Revised
Constitution of the Minnesota Chippewa Tribe, as amended, and organized
under Section 16 of the Indian Reorganization Act of June 18, 1934 (48 stat.
$984), and

WHEREAS. the White Earth Band of Chippewa Indians has the inherent right to regulate
Class | Gaming on the Reservation and can regulate Class II and Class Ill
Gaming in conformity with the Indian Gaming Regulatory Act, 25 U.S.C. § 2703
et. Seq., and

WHEREAS: _ the White Earth Band of Chippewa Indians has determined it is necessary to
amend the existing Gaming Ordinance, so as to further clarify the gaming that
is permissible on the White Earth Reservation.

THEREFORE BE IT RESOLVED, that the White Earth Reservation Tribal Council hereby
adopts the attached WHITE EARTH RESERVATION GAMING ORDINANCE, (dated July 6,
2009) subject to the review and approval of the National Indian Gaming Commission.

NOW THEREFORE IT IS HEREBY RESOLVED, that the Secretary/Treasurer is hereby
instructed to forward a copy of the White Earth Reservation Gaming Ordinance (dated July 6,
2009) and this Resolution to the National Indian Gaming Commission forwith

We do hereby certify that the foregoing resolution was duly presented and approved by a vote
of 3 for, © against, and _O silent, a suet bela present, held at a special

meeting on the Fug day of 2009 at
MoepAnwoerre2 tn

, Minnesota

a

Com Vlad!
Erma J Vaenef Engin

Franklin B Heisler; Secretary/Treasurer


NAL 1,
ee No,

2 Y
5 oF
“4, BS
Ne comm?

July 29, 2009

Mr. Joseph Plumer
Tribal Attorney

White Earth Reservation Tribal Council
PO Box 418

White Earth, MN 56591

Dear Mr. Plumer:

This is to acknowledge receipt on July 28, 2009, of the Amended Gaming Ordinance
submission and related documents for the White Earth Band of Chippewa Indians.

Sincerely yours,

fiw

Barbara D. Haizlip

NATIONAL HEADQUARTERS 1447 L St. NW, Suite 9100, Washington, DC 20005 Tel; 202.632.7003 Fax: 202.632.7066 + WWW.NIGC.GoV

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK


shall be disclosed to members of management human resource personnel or others
employed by the gaming operation on a need-to-know basis for actions taken in their official
Capacities

This section does not apply to requests for such information or records from any Tribal
Federal, or State law enforcement or regulatory agency. or for the use of such information or
records by the Commission and staff in the performance of their official duties

h) The terms of Office for Tribal Gaming Directors snail be for a period of time as identified by
the White Earth Reservation Tribal Council

1) A majority of the Commission shall constitute a quorum. The concurrence of a majority of
the members appointed to the Commission shall be required for any final determination by
the Commission. The Commission may act in its official capacity even if there are
vacancies on the Commission

j) Tribal Gaming Directors shall be compensated at a level determined by the White Earth
Reservation Tribal Council. Director compensation shall not be based on a percentage of
gaming revenue to ensure the Commission is not improperly influenced

k) The Commission shail keep a written record of ail of its meetings

SECTION X — Ethics

The White Earth Band recognizes that the duties of the Gaming Commission include making
important decisions on highly sensitive issues.» As such, the Tribe has determined that the
Gaming Commission shail be held to high ethical standards. The Directors shall agree to be
bound by the following principles:

a) Directors shall not hoid financial interests that conflict with the conscientious performance
of their duties as managers and/or regulators

b) Directors shail not engage in financial transactions using nonpublic information or allow
the improper use of such information by others on their behalf to further any private
interest,

c) Directors shall not solicit or accept any gift or other item of monetary value. including
complimentary items or services, from any person or entity seeking official action or
inaction from, doing business with. or conducting activities regulated by the member's
Organization, or whose interests may be substantially affected by the performance or
nonperformance of the Members’ duties

d) — Individuai Directors shail make no unauthorized commitments or promises of any kind
purporting to bind the Tribe.

e) Directors shail not use their positions for private gain
f) Directors shail act impartially, in accordance with ail relevant Tribal, Federal, and State

laws (where applicable), and shall not give preferential treatment to any private
organization or individual, including to any persons related to Members.

Approved. duly 6, 2009 Page 9


¢) The TICS shall be set out in separate regulations to be reviewed and approved by the
Tribal Gaming Commission

SECTION XV - Facility License

a) The Tribal Gaming Commission shall issue a separate license to each place. facility or
location where Class II and/or Class lil gaming 1s conducted under this ordinance The valid
period of the license shall not exceed a time period of three years

b) The Tribe hereby authorizes the issuance of a temporary facility license not to exceed 7-
days The Licensing Director may renew temporary licenses for 7-day periods

c) The Tribe shall submit to the Chairman of the National Indian Gaming Commission a notice
that a facility license is under consideration for ussuance at least 120 days before opening
any new place, facility. or location where Class Ii or Class lil gaming will occur The notice
shall contain the following information
1 The name and address of the property:

2. A legal description of the property

3 The tract number for the property as assigned by the Bureau of Indian Affairs or Land
Title and Records Offices

4 If not maintained by the Bureau of Indian Affairs. Department of the Interior. a copy of
the trust or other deed(s) to the property or an explanation as to why such
documentation does not exist: and

5 If not maintained by the Bureau of Indian Affairs. Department of the Interior,
documentation of the property's ownership

d) The Tribe does not need to submit a notice that a facility license is under consideration for
issuance for occasional charitable events lasting not more than a week

e) The Tribe must submit to the Chairman a copy of each newly issued or renewed facility
license within 30 days of issuance

f) The Tribe must notify the Chairman within 30 days if a facility license is terminated or not
renewed or if a gaming place. facility. or location closes or reopens

g) Each licensed facility shail prominently display the license for viewing by the public.

h) The Tribe shall provide Indian lands or environmental and public health and safety
documentation that the Chairman may in his or her discretion request

SECTION XVI ~ Gaming Permits

Class Il Gaming may be authorized by the Gaming Commission for charitable Fund Raising

Events provided that a permit is obtained prior to the event. Gross gaming revenues for a single
permitted fundraiser must not exceed $100.000.