ORDINANCE NO. 94-01

ORDINANCE OF THE OGLALA SIOUX TRIBAL COUNCIL

OF TUE OGLALA SIOUX TRIBE

(AN UNINCORPORATED TRIBE)

AN ORDINANCE AMENDING CHAPTER 29, GAMING CODE OF THE OGLALA SIOUX

TRIBE.

WHEREAS, Article IV (k) of the Constitution and By-laws of the

Oglala Sioux Tribe authorizes the Oglala Sioux Tribal Council To

promulgate and enforce ordinances governing the conduct of persons

on the Pine Ridge Reservation, and providing for the Maintenance of

law and order and the administration of justice . . , and

WHEREAS, Article IV (t) of the Constitution and By-laws of the

Oglala Sioux Tribe authorizes the Oglala Sioux Tribal Council To

delegate to subordinate boards or officers or to cooperative

associations which are open to all members of the tribe

powers..., and

WHEREAS, the Congress of the United States has enacted the

Indian Gaming Regulatory Act (IGRA), Public Law 100-497, 102 Stat.

2426, 25 U.S.C. §2701, et seq. (1988) , which permits Indian Tribes

to operate Class III Gaming Activities on Indian Reservations,

pursuant to a Tribal-State Compact entered into for that purpose,

and

WHEREAS, the Oglala Sioux Tribe, pursuant to its Ordinance No.

93-17, amended Chapter 29 of its Law and Order Code, thereby

enacting a Gaming Ordinance to provide for Class III gaming

operations, and

WHEREAS, the aforesaid IGRA provides for the review and

approval of such Gaming Ordinance by the National Indian Gaming

Commission (NIGC) for same to become effective, and

WHEREAS, the said Ordinance No. 93-17 has been so reviewed and

the NIGC has suggested and required technical amendments thereto,

relating to the statement of the purpose of the Ordinance, the

definition of certain gaming terms and the licensing and the

procedures for conducting background investigations of those

seeking licenses from the Oglala Sioux Tribal Gaming Commission,

and that such amendments seem appropriate to clarify the Tribes

Gaming Ordinance and procedures, and it is appropriate to increase

the membership of the Oglala Sioux Tribal Gaming Commission to nine

(9) members, now

THEREFORE BE IT ORDAINED, that Chapter 29 of the Oglala Sioux

Law and Order Code is amended to modify the Oglala Sioux Tribe

Gaming Ordiaai~~r~accordance with the amendments attached hereto

and incor

~

~~j.,,herØjn by this reference.

~

I hereb~ettify that this is a true and correct copy of the original Ordinance

on file In the OST. S~cr~tarys Office.

\ .~ /
ORDINANCE NO. 94-01

Page Two

C-E-R-T- I-F-I -C-A-T- 1-0-N

I, as undersigned, Secretary of the Oglala Sioux Tribal Council,

hereby certify that this Ordinance was adopted by vote of: ~ for;

i against; Q abstain; and .Q. not voting, during a REGULAR SESSION

held on the 14th day of JANUARY 1994.

~~~hfi~411W ~aa~ E ESA B. TWO~TiL S

Secretary

Oglala Sioux Tribe

A-T-T-E-S-T

OHN W. STEELE

President

Oglala Sioux Tribe

/
ORDINANCE NO. 93-17

TO REGULATE GAMING ON INDIAN L.ANDS

AS AMENDED BY ORDINANCE 94-].

BE IT ENACTED BY THE TRIBAL COUNCIL OF THE OGLALA

SIOUX TRIBE THAT THIS ORDINANCE MAY BE CITED AS THE:

OGLALA SIOUX TRIBE GAMING ORDINANCE

Section 1. Repeal of Prior Laws

a. Repeal of Prior Laws. Chapter 29, Gaming Code,

established pursuant to Oglala Sioux Tribal Ordinances

85-29 and 87-22, and all titles, chapters and sections of

the Revised Code of the Oglala Sioux Tribe, which are in

effect as of the date this Ordinance becomes operative,

are hereby repealed, and all other laws or parts thereof,

inconsistent with the provisions of this Ordinance are

hereby repealed.

b. Effect of Repeal. Repeal by this Ordinance shall not

have the effect of reviving any prior Ordinance or

Resolution theretofore repealed or suspended.

Section 2. Title

This Ordinance shall be known as the Oglala Sioux Gaming

Ordinance. It is promulgated pursuant to the Oglala

Sioux Tribal Constitution.

Section 3. Purpose

The purpose of this Ordinance is to regulate the conduct

of gaming activities on the Pine Ridge Indian Reservation

in accordance with the Indian Gaming Regulatory Act, 25

U.S.C. §2701 et seq and the Gaming Compact between the

Oglala Sioux Tribe and the State of South Dakota.

a. All gaming activities shall be conducted exclusively on tribal lands, unless otherwise authorized in writing

by the Tribal Council.

b. All gaming activities shall be conducted under the

exclusive control and responsibility of the Oglala Sioux

Tribe.

c. All proceeds of the gaming activities authorized by

this Ordinance and received by the Tribe shall be used to

promote the health, education, and welfare of the Oglala

Sioux Tribe.

1
d. The Oglala Sioux Tribe shall receive at least

seventy percent (70%) of the net revenues of all gaming

activities conducted pursuant to this Ordinance.

Section 4. Games Permitted

Poker, blackjack, and slot machines are expressly

authorized by this Ordinance and such other gaming as may

be approved by legislative act of the State of South

Dakota. All gaming authorized by this Ordinance may be

operated and maintained, within the boundaries of the

Pine Ridge Indian Reservation, South Dakota, subject to

the provisions of this Ordinance. ~

Section 5.. RegI~1lation of Gaming

Such gaming activity shall be regulated by the Oglala

Gaming Commission.

Section 6. Definitions

1. Bet, an amount placed as a wager in a game of

chance;

2. Blackjack, a card game played by a maximum of

seven players in which each player bets against the

dealer. The object is to draw cards whose value

will equal or approach twenty-one without exceeding

that amount and win amounts bet, payable by the

dealer, it the player holds cards more valuable

than the dealers cards;

3. Boundaries, the boundaries of the Pine Ridge

Indian Reservation, South Dakota;

4. Commission, the Tribal Gaming Commission;

Gaming, any game or contest of chance whereby one

risks money or tokens no matter how conceived or

operated and includes, but is not limited to, every

game described in this Ordinance;

6. Gaming Employee, any person employed by a

business hosting gaming to work directly with the

gaming portion of that business;

7. Gaming Equipment, any gaming equipment that is

allowed by this Ordinance and which requires

licensing;

2
8. Gaming License, any license issued by the

Commission pursuant to this Ordinance which

authorizes any person to engage in gaming on the

Pine Ridge Indian Reservation;

9. Licensed Gaming Establishment, any premises

licensed pursuant to this Ordinance where gaming is

conducted;

10. Licensee, any person licensed under this

Ordinance;

11. Licensing Authority, the Tribal Gaming

Commission;

12. Card Games and Slot Machines, any card games

including poker and blackjack and slot machines

authorized by the Commission;

13. Poker, a card game played by a maximum of ten

players who are dealt cards by a non-player dealer.

The object of the game is for each player to bet

the superiority of their own hand and win the other

players bets by either making a bet no other

player is willing to match or proving to hold the

most valuable cards after the betting is over.

Poker includes draw, stud, or low ball or any

combination thereof;

14. Slot Machine, any mechanical, electrical, or

other device, contrivance, or machine which, upon

insertion of a coin, token or similar object, or

upon payment of any consideration whatsoever, is

available to play or operate, the play or operation

of which, whether by reason of the skill of the

operator or application of the element of chance,

or both, may deliver or entitle the person playing

or operating the machine to receive cash premiums,

merÆh~ndise, tokens or anything of value whether

thepayoff is made automatically from the machine

or in any other manner;

15. Council, the Tribal Council of the Oglala Sioux

Tribe duly elected pursuant to the Constitution of

the Oglala Sioux Tribe.

16. Class II Gaming, gaming as defined in the Indian

Gaming Regulatory Act, 25 U.S.C. §2703(7) (A) and by

the regulations promulgated by the National Indian

Gaming Commission at 25 C.F.R. §502.3.

3
17. Class III Gaming, gaming as defined in the Indian

Gaming Regulatory Act, 25 U.S.C. §2703(8) and by

the regulations promulgated by the National Indian

Gaming commission at 25 c.F.R. §502.3.

18. Key Employee, (a) person who performs one or more

of the following functions:

(1) Bingo caller;

(2) Counting room supervisor;

(3) Chief of security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pit boss;

(7) Dealer;

(8) Croupier;

(9) Approver of credit; or

(10) Custodian of gambling devises including persons

with access to cash and accounting records

within such devices;

(b) If not otherwise included, any other person

whose total cash compensation is in excess of

$50,000 per year; or

(c) If not otherwise included, the four most highly

compensated persons in the gaming operation.

19. Primary Management Official, (a) The person having

management responsibility for a management

contract;

(b) Any person who has authority: (1) To hire and

fire employees; or

(2) To set up working policy for the gaming

operation; or

(c) The chief financial officer or other person

who has financial management responsibility.

Section 7. Gaming Commission

There is hereby created the Oglala Sioux Tribal Gaming

Commission. The Commission shall consist of nine

members, all of whom shall be appointed by the Tribal

Council of the Oglala Sioux Tribe. The Commission

members may be members of the Oglala Sioux Tribe. The

initial members to be appointed shall draw lots to see

who holds five two-year terms and four one-year terms.

Thereafter, each member shall serve no more than two

consecutive full terms. Upon the expiration of their

term of office, a member shall serve until his/her

successor is appointed by the Oglala Sioux Tribal Gaming

Commission. The Commission shall select among its

members a chairperson who shall preside over the meeting

4
of the commission. The Commission members may be

removed, upon substantive proof of wrong-doing, by

majority vote of the Oglala Sioux Tribal Council.

Substantive proof shall be defined as documentation or

evidence which would be admissible in a court of law.

Any member whose removal is sought shall be entitled to

be notified in writing at least three (3) days before any

vote shall be taken regarding that members removal. Any

person so notified may request an informal hearing before

the Tribal Council prior to a vote on his or her removal

from the Commission.

Section 8. Gaming Commission Rule-Making Authority

The Commission may promulgate rules for the orderly

transaction and conduct of its business and the

substantive rules that it may determine proper concerning

the issuance, revocation, and suspension of gaming

licenses, the conduct and operation of the gaming

activities and any other things necessary to carry out

the purposes of this Ordinance. The Commission may also

promulgate rules necessary to administer complaints which

may be received from the public and conduct such other

investigations and inspections into the conduct of the

games and the licensees and maintenance of the equipment

as the Commission may deem necessary and proper.

Section 9. Gaming Commission Meetings

The Commission may hold regular and special meetings at

such times and places as it may deem convenient, but at

least one regular meeting shall be held quarterly. A

majority of the appointed members constitutes a quorum of

the Commission, and a special meeting may be called by

any two members. Each member of the Commission shall

receive a stipend of Sixty Dollars ($60), plus mileage

and expenses at the regular monthly meeting. The

stipend, mileage and expenses shall be paid from fees

and assessments collected by the Commission.

Section 10. Purposes for Executive or Closed Meetings

The Commission may hold executive or closed meetings for

any of the following purposes:

1. Considering applications for licensing when

discussing the background investigations or

personal information;

5
2. Meeting with gaming officials of other

jurisdictions, the United States Attorney, the

South Dakota Attorney General and States Attorney

of Shannon or Jackson County or law enforcement

officials relating to possible criminal violations;

3. Consulting with the Executive Secretary, employees

and agents of the Commission concerning possible

criminal violations;

4. Deliberations after hearing evidence on an informal

consultation of a contested case necessary to reach

a decision; and

5. Discussing business strategies, marketing or

pricing strategies of a licensee or an applicant

for a license if public discussion may be harmful

to the competitive position of the licensee or

applicant for license or discussions with a

licensee or an applicant for the purposes of

overseeing and defining gaming contracts.

Section 11. Executive Secretary of Gaming Commission

The Commission shall appoint, and may remove, an

Executive Secretary who shall be responsible for the

conduct of the Commissions administrative matters. The

Commission shall set the annual salary of the Executive

Secretary.

Section 12. Gaming Commission Powers

In its regulation of gaming activities on the Pine Ridge

Indian Reservation, the Commission shall have the power

and authority to:

1. Issue licenses, oversee and define the contract of

the licensees;

2. Inspect and examine all premises where gaming is

conducted or gaming devices or equipment are sold

or distributed;

3. Inspect, examine, and photocopy all papers, books,

and records of applicants and licensees and require

verification of income, and all visions of this

Ordinance;

4. Contract for such legal counsel to advise it as it

may choose;

5. Suspend or revoke for cause any gaming license;

6
6. Require all primary management personnel and key

employees of all management personnel to undergo

investigations.

Section 13. Appeal of Gaming Commission Actions

Any action of the Commission is subject to appeal to

Tribal Court for the Oglala Sioux Tribe. Notice of

appeal shall be filed in writing with the Commission and

Clerk of Court, within ten (10) days from written notice

of any action of the Commission. Failure to timely file

an appeal shall make the action final.

Section 14. Disclosure Required

A disclosure of total ownership document shall be

required to accompany all applications for licenses as an

operator.

Section 15. Posting of Rules

Specific rules for blackjack and poker shall be approved

by the Commission and clearly posted within the casino.

Section 16. Approval of Licenses

The Commission may approve or disapprove any application

for license, depending upon whether it deems the

applicant a suitable person to hold the license and

whether it considers the proposed location suitable.

Among other things, failure of the applicant to provide

information necessary to allow consideration into his

background, is grounds for denial of the license.

Section 17. Suspension or Revocation of License -

Grounds -

Reprimand or Monetary Penalty Possible

Any license granted pursuant to this chapter may be

suspended or revoked for any cause which may have

prevented its issuance, or for violation by the licensee,

or any officer, director, agent, member or employee of

the licensee, of this chapter or any rule adopted by the

Commission or for conviction of a crime of moral

turpitude or a felony, after notice to the licensee and

a hearing, upon grounds determined adequate by the

Commission. In addition to revocation or suspension or

in lieu of revocation or suspension, the Commission may

impose a reprimand or a monetary penalty not to exceed

the following amounts:

1. if the licensee is an operator, the amount of

Twenty-Five Thousand Dollars ($25,000.00);

7
2. if a licensee is a key employee, the amount of Five

Thousand Dollars ($5,000.00); and

3. if the licensee has an employee license, the sum of

Two~Thousand Five Hundred Dollars ($2,500.00).

Any monetary penalty received by the Commission under

this section shall go into the Gaming Commission fund.

Section 18. Conflict of Interest

No officer, agent, or employee of the Commission may hold

a license under this Ordinance if the duties of such

office, agency, or employment have to do with the

enforcement of the gaming laws and rules. This

prohibition applies to the Commission, all of its

employees and all law enforcement officials and officers.

No licensee may employ any person in any capacity while

that person is in the employment of a law enforcement

agency or the Commission.

Section 19. Application Fee

The Commission may establish an application fee which

shall include the cost of investigation. The fee may

vary with the type of license for which application is

made and is non-refundable. The application form will be

promulgated by the Commission and shall include a waiver

of any right of confidentiality and shall allow access to

law enforcement records of any state. The waiver of

confidentiality shall extend to any financial or

personnel record wherever maintained.

Section 20. The Commission May Issue Six Types of Licenses As

Follows

1. Slot Machine Operator The initial fee for such a

license is One Thousand Dollars ($1,000.00) and

thereafter an annual fee of One Hundred Dollars

($100.00) renewable each July 1st. This fee shall

be levied per license regardless of the number of

machines operated. The holder of such a license

shall be entitled to operate slot machines on the

Oglala Reservation on the licensed premises subject

to the ordinances and regulation of the Tribe and

the Commission.

2. Card Game Operator The initial fee for such a

license is One Thousand Dollars ($1,000.00) and

thereafter an annual fee of One Hundred Dollars

($100.00) renewable each July 1st. This fee shall

be levied per license regardless of the number of

8
tables operated. The holder of such a license

shall be entitled to operate card games on the

Oglala Reservation on the licensed premises subject

to the ordinances and regulations of the Tribe and

the Commission.

3. Video Lottery Operator The initial fee f or such a

license is One Thousand Dollars ($1,000.00) and

thereafter an annual fee of One Hundred Dollars

($100.00) renewable each July 1st. This fee shall

be levied per license regardless of the number of

machines operated. The holder of such a license

shall be entitled to operate video lottery machines

on the Oglala Reservation on the licensed premises

subject to the ordinances and regulations of the

Tribe and the Commission.

4. Employee License All persons employed to work

directly with the gaming portion of a gaming

operation must hold an employee license. The

licensee fee is Twenty-Five Dollars ($25.00) and

thereafter an annual fee of Twenty-Five Dollars

($25.00) renewable July 1st. This fee is in

addition to the costs of any background

investigation.

5. Key Employee License Any executive, employee or

agent of a gaming licensee having the power to

exercise significant influence over decisions

concerning any part of the operation of a gaming

facility must obtain such a license. The license

fee~ is One Hundred Dollars ($100.00) and thereafter

an annual fee of One Hundred Dollars ($100.00)

renewable July 1st.

6. Manufacturer, Distributor, or Suppliers License

Any person or entity that supplies any gaming

machines of any type, gaming supplies of any kind,

or other materials to any gaming operation on the

Pin~e Ridge Indian Reservation must hold a license.

The license fee is One Thousand Dollars ($1,000.00)

and thereafter an annual fee of One Hundred Dollars

($100.00) renewable July 1st. This is in addition

to the costs of any background investigation.

7. Gaming Facility License A separate gaming facility

license shall be required for, and must be held

the place, facility, or location where such gaming

is conducted under this ordinance. The license fee

is One Thousand Dollars ($1,000.00) and thereafter

an annual fee of One Hundred Dollars ($100.00)

renewable July 1st.

9
No person shall be issued a license pursuant to this

Ordinance unless that person meets qualifications at

least as stringent as those required to obtain a gaming

license from the State of South Dakota.

All owners of gaming operations shall pay an appropriate

assessment to the National Indian Gaming Commission as

determined by that Commission pursuant to Section 2710

(b) (4) (1) (IV) of the Indian Gaming Regulatory Act.

Section 21. License Revocable

Any license that is issued under this Ordinance is

revocable and no person holding a license acquires any

vested rights in it. Any applicant for a license has the

burden of proof of qualification and is required to

submit to such investigation as regards to his past

conduct, as may be required by the Commission. No license

issued pursuant to this Ordinance may be transferred.

Section 22. Requirements to Hold License

All primary management officials and key employees of any

gaming facility operated on the Oglala Sioux Indian

Reservation shall be subject to background investigations

prior to obtaining a license. Such investigations shall

be conducted by the Gaming Commission. The Gaming

Commission shall notify the National Indian Gaming

Commission of the issuance of gaming licenses.

No person shall be eligible for employment in any gaming

facility operated on the Pine Ridge Indian Reservation if

that persons prior activities, criminal record,

reputation, habits or associations pose a threat to the

public interest or to the effective regulation of gaming

or create or enhance the dangers of unsuitable, unfair or

illegal practices, methods or activities in the conduct

of gaming.

Section 23. Application Forms

a. 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 purpose of the requested

10
information is to determine the eligibility of

individuals to be employed in a gaming operation.

The information will be used by 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

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 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 tribes 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.

b. 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 and consent to the routine uses described in

that notice.

c. The following notice shall be placed on the

application form for a key employee or a primary 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 firing

you after you begin work. Also, you may be

punished by fine or imprisonment.

(U.S. Code, title 18, section 1001.)

d. The Tribe 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

11
2. Sign a statement that contains the notice regarding

false statement.

Section 24. Background Investigations

a. The Oglala Sioux Tribe Gaming Commission shall

request from each primary management official and from

each key employee all of the following information:

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

social security number(s), birth date, place of

birth, citizenship, gender, all languages (spoken

or written) ;

2. Currently and for the previous 5 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 listed under

paragraph (1) (b) of this section;

4. Current business and residence telephone numbers;

5. A description of any existing and previous business

relationships with indian tribes, including

ownership interests in those businesses;

6. A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

7. 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;

8. For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name

and address of the court involved, and the date and

disposition if any;

9. For each misdemeanor conviction or ongoing

misdemeanor prosection (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;

12
Section 25. Revocation of License

A license may be revoked, upon a finding by the

Commission, of a violation of the Gaming Ordinance or

Regulations. A person holding a license shall be

notified~ that revocation of his license is being

considered by the Commission. The license holder, may,

upon such notice, request an informal hearing before the

Commission prior to the revocation of his license. Any

disciplinary action, including the suspension or

revocation of a gaming license, shall comply with the

provisions of Chapter 10 of the Oglala Sioux Tribe Gaming

Regulations.

Section 26. Notice

Notice, when required by this Ordinance, shall be given

by registered mail and shall be considered to be complete

upon placing the notice in the U.S. mail, postage

prepaid.

Section 27. Requirements of Person Having Interest

Any person, any stockholder of any corporation or any

partner in any partnership involved as a manufacturer,

operator or retailer with the conduct of the card games

or slot machines, shall be:

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

2. A person whose prior activities, criminal record,

reputation, habits, and associations do not pose a

threat to the public interests of the Tribe or of

the gaming, or create or enhance the dangers of

unsuitable, unfair or illegal practices, methods

and activities in the conduct of gaming or the

carrying on of the business and financial

arrangements incidental to the conduct of gaming;

3. A person who has not been convicted of a felony in

this or any other jurisdiction, unless ten (10)

years have passed since satisfactory completion of

the sentence or probation imposed by the court in

each felony, has not been found to have violated

the provisions of this Ordinance or any rule

adopted pursuant to this Ordinance, and has not

knowingly made a false statement of material facts

to the Commission or its legal counsel.

13
Section 28. Reimbursement to Commission for Investigation

Any applicant for a license under this Ordinance shall

reimburse the Commission for any costs of investigation

over and above the initial licensure fee charged at the

time of application to determine if he is a suitable

licensee under this Ordinance. By signing and filing an

application for a license, the applicant authorizes the

Commission to obtain information from other states

regarding prior license applications, or conduct of the

applicant or any of its shareholders, partners, agents,

or employees in those states. The National Indian Gaming

Commission shall be notified of the results of all such

investigations.

Section 29. Age Limit for Players

Any participant in a card game or slot machine shall be

twenty-one (21) years or older at the time of his

participation.

Section 30. Penalties

Any person who knowingly makes a false statement in any

application for a license or in any statement attached to

the application, or who fails to keep sufficient books

and records to substantiate the receipts, expenses or

uses resulting from limited card games and slot machines

conducted under this Ordinance, or who falsifies any

books or records so as the books or records relate to any

transaction connected with the holding, operating, and

conducting of any gaming activity, or who violates any of

the provisions of this Ordinance, or any rule adopted by

the Commission, or any terms of license granted under

this Ordinance, shall be in violation of this Ordinance.

The Oglala Sioux Tribe recognizes that it may not subject

non-Indian offenders to the criminal jurisdiction of its

tribal court. This provision is not intended to subject

individuals to criminal penalties. These penalties are

intended to be regulatory in nature.

Section 31. Illegal Games and Activities

It is unlawful for any person playing or conducting any

authorized game of chance, conducted by a licensee to:

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

coins;

2. Employ or have on ones person any cheating device

to facilitate cheating in any game of chance;

14
3. Useany fraudulent scheme or technique;

4. Have located on the premises, equipment for gaming

that is not licensed by the Commission under this

Ordinance except equipment exempted by the

Commission, this Ordinance or other statutes.

A person violating this section is guilty of an

offense and upon conviction thereof shall be

sentenced to imprisonment for a period not to

exceed thirty (30) days or a fine not to exceed

$250.00, or both such fine and imprisonment, plus

costs, unless the amount gained through violating

this section is more than Five Hundred Dollars

($500.00), in which case such person shall be

sentenced to imprisonment for a period not to

exceed one hundred eighty (180) days or a fine not

to exceed $5,000.00, or both such fine and

imprisonment, plus costs.

Section 32. Requirements of Slot Machines

All slot machines operated within the Pine Ridge Indian

Reservation shall have the following security and audit

specifications:

1. Microprocessor controlled;

2. Compatible to on-line data monitoring;

3. Internal locked enclosure for circuit board;

4. Continue game with no data loss after power

failure;

5. Previous and current game data recall;

6. Random selection process that satisfies ninety-five

percent (95%) confidence level using standard

chi-squared, runs, and serial correlation tests;

7. Clearly display applicable rules of play and payout

schedule; and

8. Display an accurate set of non-volatile meters, in,

out, drop, handle, and jackpot.

Section 33. Audits

The Commission shall require annual audits of all gaming

activities. The audits shall be conducted by an

independent auditing firm. All such audits shall be made

15
available to tribal council members upon written request.

Audits shall also be required of all contracts for goods

and services related to the gaming activities which

exceed Twenty-Five Thousand Dollars ($25,000.00) per

year.

Section 34. Notices

All Regulations, Ordinances, or internal rules enacted by

the Commission shall be posted in the Tribal office. An

interested party who is affected by a Commission ruling

may request a hearing before the Commission and may

appeal an adverse ruling to the Oglala Sioux Tribal Court

pursuant to Section 12 of this Ordinance.

Section 35. Records of Gaming Commission

Information and records of the Commission on gaming

enumerated by this section are confidential and may not

be disclosed except pursuant to a court order. No person

may use a subpoena, discovery or other applicable

statutes to obtain such information or records.

Information and records considered confidential include:

1. Tax returns of individual licensees;

2. Applications, credit, medical and security reports

of applicants for licenses and other persons

seeking or doing business with the Commission;

3. Marketing, financial or sales data, the disclosure

of which may be harmful to the competitive position

of Oglala Sioux tribal gaming, its licensees or

persons seeking or doing business with the

Commission;

4. Audit work papers, worksheets and auditing

procedures used by the Commission, its agents or

employees.

Section 36. Communications Between Commission and Executive

Secretary

Communications between the Commission and the Executive

Secretary relating to licensing, disciplining of

licensees, or violations by licensees are privileged and

confidential if made lawfully and in the course of and in

furtherance of the business of the Commission on gaming,

except pursuant to court order after an in-camera review.

The Executive Secretary, the Commission or any member of

the Commission may claim this privilege.

16
Section 37. Exclusion or Election of Certain Persons From

Gaming Establishment

The Tribe hereby declares that the exclusion or ejection

of certain persons from licensed gaming establishments is

necessary to carry out the policies of this Ordinance and

to maintain effectively the strict regulation of licensed

gaming.

The Commission may provide for the establishment of a

list of persons who are to be excluded or ejected from

any licensed gaming establishment, including any person

whose presence in the establishment is determined to pose

a threat to the interest of the Oglala Sioux Tribe or the

State of South Dakota or to licensed gaming. In making

the determination for exclusion, the Commission may

consider any of the following:

1. Prior conviction of a felony, a misdemeanor involv

ing moral turpitude or a violation of the gaming

laws of any state, the United States, any of its

possessions or territories including Indian tribes;

2. A violation, attempt to violate or conspiracy to

violate the provisions of this chapter relating to

the failure to disclose an interest in a gaming

establishment for which the person must obtain a

license or make disclosures to the Commission; or

intentional evasion of fees or taxes;

3. Notorious or unsavory reputation that would

adversely affect public confidence and trust that

the gaming industry is free from criminal or

corruptive influences.

If the name and description of any person is placed

on the exclusion list, the Commission shall serve

notice of that action upon the person by at least

one of the following means:

1. By personal service;

2. By certified mail to the last known address of

the person; or

3. By publication in an official newspaper for

Shannon County.

A person placed upon the exclusion list may contest

that action by filing a written protest with the

Commission and the protest shall be heard by the

Commission.

17
Section 38. Minimum Payback

The minimum payback value of one credit played on a slot

machine shall be at least eighty percent (80~) of the

value of the credit. No slot machine may be played by

more than one person at a time.

Section 39. Policy

It shall be the policy of the Oglala Sioux Tribe to fully

comply with all applicable U.S. federal law including the

provisions of the Indian Gaming Regulatory Act (25 U.s.c.

Section 2701 et seq. and the tribal/state compact

negotiated with the State of South Dakota in the conduct

of all gaming activity within the jurisdiction of the

Oglala Sioux Tribe.

Section 40. Proprietary Interest

The Oglala Sioux Tribe shall have the sole proprietary

interest and responsibility for the conduct of any gaming

activity within the jurisdiction of the Oglala Sioux

Tribe.

Section 41. Net Revenues

Net revenues derived from gaming activity shall be

utilized for the following purposes:

1. To fund tribal government operations or programs;

2. To provide for the general welfare of the Oglala

Sioux Tribe and tribal members;

3. To promote tribal economic development;

4. To donate to charitable organizations;

5. To help fund operations of local government

agencies;

but in no event shall proceeds from such net revenues be

distributed to individual members of the Oglala Sioux

Tribal Council.

18
4

Section 42. Protections

It is the further duty of the Oglala Sioux Tribal Gaming

Commission to ensure that any construction and

maintenance of any gaming facility licensed by the

Commission, and the operation of the gaming activity

therein shall be conducted in a manner which adequately

protects the environment and the publics health and

safety.

Section 43. Management Agreements

All management agreements entered into by the Tribe, if

any, shall comply with all the applicable provisions of

the Indian Gaming Regulatory Act, 25 U.S.C. Section 2711.

Section 44. Internal Revenue Code

All applicable Internal Revenue Code provisions

concerning reporting and withholding of taxes with

respect to the winnings from gaming shall be adhered to.

Section 45. Designation of Agent For Service

The President of the Oglala Sioux Tribe is hereby

designated as agent for service of any official

determination, order, or notice of violation. The

address of the President is Oglala Sioux Tribe, P. 0. Box

H, Pine Ridge, South Dakota. The phone number of the

President is (605) 867-5821 and the fax number is (605)

867-5699.

19