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RESOLUTION 03-375A

OF THE

MATCH-E-BE-NASH-SHE-WISH BAND

OF POTTAWATOMI INDIANS OF MICHIGAN,

AJK/A GUN LAKE TRIBE

WHEREAS, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians of

Michigan (a/k/a the Gun Lake Tribe) is a federally recognized Indian Tribe,

entitled to all privileges and immunities as such under federal law; and

WHEREAS, the Gun Lake Tribe will maintain our elders vision, integrity,

spirituality, culture and economic self-sufficiency by protecting our sovereignty,

treaty rights, traditions, land and natural resources for our future generations; and

WHEREAS, the Tribal Council is authorized by the Tribes Constitution pursuant

to Article VII to act and exercise tribal authority on behalf of the Gun Lake Tribe;

and

WHEREAS, the United States Congress enacted into law the Indian Gaming

Regulatory Act (IGRA) (Public Law 100-497, 102 stat. 2467) codified at 25

U.S.C. § 2701, et seq.; and

WhEREAS, the Congressional policy for enacting the IGRA was to provide a

statutory basis for the operation of gaming by Indian Tribes as a means of

promoting tribal economic development, self sufficiency, and strong tribal

government as well as to provide a statutory basis for the regulation of gaming by

Indian Tribes adequate to shield them from organized crime and other corrupting

influences, to ensure the Indian Tribes are the primary beneficiaries of gaming

operations, to ensure that gaming is conducted fairly and honestly by both

operators and players, to establish an independent federal regulatory authority for

gaming on Indian lands as well as federal standards for gaining on Indian lands, the

establishment of the National Indian Gaming Commission (NTGC) to meet

congressional concerns regarding gaming, and to protect such gaming as a means

of generating tribal revenue; and

WHEREAS, the Tribal Council deems it appropriate pursuant to IGRA and Tribal

law to enact a gaming ordinance to govern and regulate all Class II and Class ifi

gaming to be conducted on the Tribes Reservation; and
WHEREAS, the Tribal Council has reviewed and considered the attached Tribal

Gaining Ordinance of the Gun Lake Tribe and has determined that the enactment

of this Tribal Gaming Ordinance is in the best interest of the Tribe.

NOW THEREFORE BE IT RESOLVED BY THE GUN LAKE TRIBE

THAT THE ATTACHED TRIBAL GAMING ORDINANCE BE ENACTED

AS TRIBAL LAW.

FURTHER BE IT RESOLVED THAT THE CHAIRMAN OF THE GUN

LAKE TRIBE, THE HONORABLE D.K. SPRAGUE, BE DIRECTED TO

SIGN, ON BEHALF OF THE GUN LAKE TRIBE, THE ATTACHED

TRIBAL GAMING ORDINANCE.

CERTIFICATION

We, the undersigned duly elected officials of the Match-E-Be-Nash-She-Wish

Band of Pottawatomi Indians, do hereby certify that on ~l~..ç 17 , 2003,

the foregoing Resolution was adopted at a regular meeting of the Tribal Council

with a quorum present by a vote of S for; c) against; / abstaining; and

______absent.

_________________

~ 1 (-1,

CHAI , D.K SPRAGUE DA~ED

(n~. eJ,~-~ ( t7, ~ ~ 01

SECRETARY, ARDIS~iI. BADGER DATED
MATCH-E-BE-NASH-SHE-WISH BAND OF

POTTAWATOMI INDIANS OF MICHIGAN

0

GAMING ORDINANCE

MBPI Ordinance No._____

Section 1. PURPOSE

1.01 Governance The Tribal Council of the Match-E-Be-Nash-She-Wish

Band of Pottawatomi Indians (hereinafter Tribe or MBPI), empowered

by the Tribal Constitution to enact ordinances, hereby declares that the

purpose of this Ordinance is to govern and regulate the operation and

conduct of all Class II and Class Ill gaming activities on lands within the

jurisdiction of the Tribe as defined in the Indian Gaming Regulatory Act,

P.L. 100-447, 25 U.S.C. Section 2703(7)(A) and 25 U.S.C. Section

2703(8) (IGRA) and by the regulations promulgated by the National

Indian Gaming Commission at 25 C.F.R. § 502.3 and § 502.4 is hereby

authorized.

1.02 Importance The gaming industry of the Tribe is vitally important to the

economy of the Tribe and the general welfare of Tribal members.

Protecting this gaming industry requires that the public maintain

confidence and trust in the integrity of gaming activities, which activities

must be free of criminal and corruptive elements.

1.03 Strict Regulation To prevent improper or unlawful conduct in the course

of gaming activities and to promote the development of a balanced tribal

economy by dedicating all of the net revenues from gaming activities to

the public purposes of the Tribe, including the support of the Tribes

governmental programs and Tribal members, strict regulation of all

persons, locations, practices, associations and activities must be

maintained. Therefore, all establishments where gaming is conducted and

where gaming devices are operated must be formally licensed, controlled

and operated to protect public safety, morals, good order and general

welfare, and to foster the stability and success of gaming.

Section 2. DEFINITIONS For purpose of this Ordinance:

2.01 Act means the Indian Gaming Regulatory Act, Pub.L. 100-497, 25

U.S.C. Sections270l, et seq., and 18 U.S.C §~ 11661168.

2.02 Applicant means any person who has applied for a license under the

provisions of this Ordinance.

2.03 Application means a request for the issuance of a license under the

provisions of this Ordinance.
2.04 Class I gaming means social games played solely for prizes of minimal

value or traditional forms of Indian gaming engaged in by individuals as a

part of, or in conjunction with, tribal ceremonies or celebrations.

2.05 Class II gaming means:

2.05.1 The game of chance commonly known as bingo (whether or

not electronic, computer, or other technologic aids are used

in connection therewith):

(A) which is played for prizes, including monetary prizes,

with cards bearing numbers or other designations;

(B) in which the holder of the card covers such numbers

or designations when objects, similarly numbered or

designated, are shown or electronically determined;

and

(C) in which the game is won by the first person covering

a previously designated arrangement of numbers or

designations on such cards, including (if played in the

same location) pull tabs, lotto, punch boards, tip jars,

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

2.05.2 Those card games actually operated by the Tribe on or

before May 1, 1988, to the extent of the nature and scope of

such card games as played on or before such date; and

2.05.3 Nonbanking card games that are:

(A) explicitly authorized by the State of Michigan; or

(B) are not explicitly prohibited by the laws of the State of

Michigan and are played at any location in the State

of Michigan;

(but only if such card games are played in conformity

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

Michigan regarding hours or periods of operation of

such card games or limitations on wagers or pot sizes

in such card games.)

2.06 Class III gaming means all forms of gaming that are not Class I gaming

or Class II gaming, including, but not limited to:

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2.06.1 Any house banking games or card games which are not

included in the definition of Class II; and/or casino games

such as roulette, craps and keno;

2.06.2 Any electronic or electromechanical facsimiles of any game

of chance or slot machines of any kind;

2.06.3 Any sports betting and pari-mutuel wagering including but

not limited to wagering on horse racing, dog racing or jail

alai; and

2.06.4 Lotteries.

2.07 Commission means the MBPI Tribal Gaming Commission.

2.08 Compact means such agreement governing the conduct of Class Ill

gaming on MBPIs Reservation as may be entered into pursuant to the

Indian Gaming Regulatory Act between the State of Michigan and the

MBPI, and approved by the Secretary of the Interior, or such procedures

promulgated by the Secretary of the Interior pursuant to the Indian

Gaming Regulatory Act governing the conduct of Class Ill gaming on

MBPIs Reservation.

2.09 Director means the Executive Director of the Commission established

pursuant to this Ordinance.

2.10 Electronic, computer or other technologic aid means any machine

or device that:

2.10.1 Assists a player or the playing of a game, including, but not

limited to, machines or devices that:

(A) broaden the participation levels in a common

game;

(B) facilitate communication between or among

gaming sites; or

(C) allow a player to play a game with or against other

players rather than with or against a machine;

2.10.2 Is not an electronic or electromechanical facsimile; and

2.10.3 Is operated in accordance with applicable Federal

communications law. Examples of electronic, computer or

other technologic aids include pull tab dispensers and/or

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readers, telephones, cables, televisions, screens, satellites,

bingo blowers, electronic player stations, or electronic cards

for participants in bingo games.

2.11 Electronic or electromechanical facsimile means a game played in

an electronic or electromechanical format that replicates a game of

chance by incorporating all the characteristics of the game, except when,

for bingo, (otto, and other games similar to bingo, the eectronic or

electromechanical format broadens participation by allowing multiple

players to play with or against each other rather than with or against a

machine.

2.12 Enterprise means the MBPI Gaming Enterprise established by the

MBPI Tribal Council to conduct Class II or Class Ill gaming operations for

the Tribe.

2.13 Game, Gaming and Gambling Game means any game played

with cards, dice, equipment or any mechanical, electromechanical, or

electronic device or machine for money, property, checks, credit or any

representative of value, including, without limiting the generality of the

foregoing, faro, monte, roulette, keno, bingo, fan-tan, blackjack (21),

seven-and-a-half, Klondike, craps, poker, chuck-a-luck, Chinese chuck-aluck (dai shu), wheel of fortune, chemin de fer, baccarat, pal gow, beat the

banker, panguingui, slot machine, any banking or percentage game or any

other game or device approved by the Commission, but does not include

games played with cards in private homes or residences in which no

person makes money for operating the game, except as a player, or in

which prizes, chance, or consideration are absent.

2.14 Game Classification means the determination made by the

Commission to identify not only Class II games and Class Ill games as

defined by the IGRA, the Compact, 25 CFR Parts 502.3 and 502.4, and

this Ordinance, but also to identify games as Class II or Class Ill pursuant

to the definitions of electronic, computer or other technologic aid,

electronic or electromechanical facsimile and other games similar to

bingo.

2.15 Gaming Device means a microprocessor-controlled electronic device

which allows a player to play games of chance, some of which are

affected by skill, which the device is activated by the insertion of a coin,

currency, tokens or by the use of credit, and which awards game credits,

cash, tokens, replays or a receipt that can be redeemed by the player for

any of the foregoing. Game play may be displayed by video facsimile, or

mechanical rotating reels whereby the software of the device

predetermines the stop positions and the presence, or lack thereof, of a

winning combination and pay out, if any.

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2.16 Gaming Employee means any key employee, any primary

management official or any other person employed by the Enterprise who

performs gaming related activities, including those persons whose

employment duties require or authorize access to restricted gaming

related areas of the gaming facility.

2.17 Gaming Employee License means a license issued by the

Commission or the Director, pursuant to Section 12 of this Ordinance,

permitting a person to be employed as a gaming employee.

2.18 Gaming Equipment means any machine, equipment or device which is

specially designed or manufactured for use in the operation of any Class II

or Class Ill gaming activity, including any gaming device.

2.19 Gaming Facility or Gaming Facilities means the buildings or structures

in which Class II gaming or Class Ill gaming is conducted on the

Reservation.

2.20 Gaming Facility License means a license issued by the Commission

pursuant to Section 11 of this Ordinance, permitting the Enterprise to

conduct gaming operations at a gaming facility.

2.21 Gaming Operation means the Class II or Class Ill gaming conducted

by the Enterprise in any gaming facility.

2.22 Gaming-Related Activities means any type of employment activity that

causes direct interaction with those items falling within the definition of the

term Game, Gaming and Gambling Game including, but not limited to,

administrative and financial activities for the revenue associated with

gaming.

2.23 Gaming Services means:

2.23.1 The providing of any goods or services (except professional,

legal and accounting services) to a gaming facility, a gaming

operation, or to the Enterprise, the value of which exceeds

the amount of $5,000 in any single month, including but not

limited to such goods or services as equipment,

transportation, food, linens, janitorial supplies, maintenance,

or security services;

2.23.2 The providing of any amount of gaming equipment or

gaming devices to MBPI or the Enterprise in connection with

the operation of Class II or Class Ill gaming in the gaming

facility;

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2.23.3 The extension of or guarantee of any financing for the

Enterprise or a gaming facility by any person or entity other

than MBPI or a chartered institutional investor;

2.23.4 To the extent not covered by Section 14, the provision of any

services by a management contractor, or

2.23.5 The construction of gaming facilities or ancillary gaming

facility properties.

2.24 Gaming Support Employee means any employee or person employed

by the Enterprise who performs employment duties that are not gaming

related activities and do not meet the definition of Gaming Employee,

including employees having access to non-public areas but not restricted

related areas of the gaming facility.

2.25 House Banking Game means any game played with the Enterprise or

a gaming operation as a participant, where the Enterprise or gaming

operation takes on all players, collects from all losers, and pays all

winners, and in which game the Enterprise or the gaming operation can

win.

2.26 Indian Lands means lands within the limits of an Indian reservation; or

land over which an Indian tribe exercises governmental power that is

either held in trust by the United States for the benefit of any Indian tribe

or individual; or held by an Indian tribe or individual subject to restriction

by the United States against alienation.

2.27 Key Employee means:

2.27.1 A person who performs one or more of the following

functions:

(A) Bingo Caller;

(B) Counting Room Supervisor;

(C) Chief of Security;

(D) Custodian of gaming supplies or cash;

(E) Floor Manager or Management;

(F) Pit Boss;

(G) Dealer;

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(H) Croupier;

(I) Approver of Credit; or

(J) Custodian of gaming devices including persons with

access to cash and accounting records within such

devices;

2.27.2 If not otherwise included, any other person whose total cash

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

2.27.3 If not otherwise included, the four most highly compensated

persons in the Enterprise.

2.28 MBPI means the Match-E-Be-Nash-She-Wish Band of Pottawatomi

Indians.

2.29 Management Contract means a contract within the meaning of 25

U.S.C. §~ 271 0(d)(9) and 2711.

2.30 Management Contractor means a natural person or entity that has

entered into a management contract with MBPI or the Enterprise which

has been approved pursuant to 25 U.S.C §~ 2710(d)(9), 2711 and Section

14 of this Ordinance.

2.31 Manufacturer means a natural person or entity that manufactures

Gaming Devices and/or component parts thereof as defined herein for use

or play in the Gaming Facilities.

2.32 National Indian Gaming Commission means the National Indian

Gaming Commission established pursuant to 25 U.S.C. § 2704.

2.33 Net Revenues means the gross gaming revenues of an Indian gaming

operation less amounts paid out as, or paid for, prizes and total gamingrelated operating expenses, excluding management fees.

2.34 Ordinance means this Match-E-Be-Nash-She-Wish Band of

Pottawatomi Indians Ordinance to govern the operation of gaming.

2.35 Other games similar to bingo means any game played in the same

location as bingo constituting a variant on the game of bingo, provided that

such game is not a house banking game and permits players to compete

against each other for a common prize or prizes.

2.36 Person includes a corporation, company, partnership, firm, association

or society, as well as a natural person. When person is used to

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designate the violator or offender of any law, it includes a corporation,

partnership, or any association of persons.

2.37 Principal means, with respect to any person:

2.37.1 Each of its officers and directors;

2.37.2 Each of its principal management employees, including any

chief executive officer, chief financial officer, chief operating

officer or general management;

2.37.3. Each of its owners or partners, if an unincorporated

business;

2.37.4 Each of its shareholders who own more than ten percent of

the shares of the corporation, if a corporation;

2.37.5 Each person other than a chartered banking institution who

has provided financing for the entity constituting more than

ten percent of the total financing of the entity; and

2.37.6 Each of the beneficiaries, or trustees of a trust.

2.38 Primary Management Official means:

2.38.1 The person having management responsibility for or under a

management contract; or

2.38.2 Any person who has the authority to:

(A) hire and fire employees; or

(B) set up working policy for the Enterprise; or

2.38.3 The chief financial officer or other person who has financial

management responsibilities for the Enterprise.

2.39 Reservation means all lands within the limits of the Match-E-Be-Nash

She-Wish Band of Pottawatomi Reservation, and all other lands title to

which is held in trust by the United States for the benefit of MBPI or any

individual member or members of MBPI or held by MBPI or an individual

member of MBPI subject to restriction by the United States against

alienation and over which MBPI exercises governmental power.

2.40 Revocation Hearing means a hearing conducted to consider the initial

denial, or subsequent conditioning, suspension or revocation of a license.

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2.41 State means the State of Michigan, its authorized officials, agents and

representatives.

2.42 State Gaming Agency means such agency of the State of Michigan

that the Governor may from time to time designate by written notice to

MBPI as the single state agency that shall act on behalf of the State under

the Compact.

2.43 Tribe means MBPI.

Section 3. GENERAL PROVISIONS

3.01 Authority and Sovereign Powers and Responsibilities This

Ordinance is enacted pursuant to the inherent sovereign powers of the

Tribe. The power to enact this Ordinance is expressly delegated to the

Tribal Council in Article VI, Section 4 of the Tribal Constitution.

3.02 Title, Repeal of Prior Laws, and Effect of Repeal This Ordinance may

be cited as the MBPI Gaming Ordinance. All titles, chapters, and sections

of the Tribal Code of the Match-E-Be-Nash-She-Wish Band of

Pottawatomi Indians, which pertain to gaming, and are in effect as of the

date that this Ordinance becomes operative, are hereby repealed, and all

other laws, or parts thereof, inconsistent with the provisions of this

Ordinance are hereby repealed. Repeal of this Ordinance or any portion

thereof shall not have the effect of reviving any prior Law, Ordinance, or

Resolution theretofore repealed or suspended.

3.03 Classes of Gaming This Ordinance shall divide gaming into the following

three classes: Class I, Class II, and Class Ill.

3.04 Construction In construing the provisions of this Ordinance, unless the

context otherwise requires, the following shall apply:

3.04.1 This Ordinance shall be liberally construed to affect its

purpose and to promote substantial justice.

3.04.2 Words in the present tense include the future and past

tenses.

3.04.3 Words in the singular number include the plural, and words

in the plural number include the singular.

3.04.4 Words of the masculine gender or neuter include masculine

and feminine genders and the neuter.

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3.04.5 Ambiguities in this Ordinance are to be construed in favor of

MBPI.

3.05 Compliance with Bank Secrecy Act Any licensed gaming

establishment shall comply with all applicable provisions of the Bank

Secrecy Act, P.L. 91-508 84 Stat. 1122, 31 U.S.C. §~ 5311-5314, as

amended.

3.06 Minimum Age of Gaming Patrons

3.06.1 No person under the age of 18 may participate in any Class

Ill game.

3.06.2 No person under the age of 18 may participate in any Class

II game.

3.06.3 No person under the age of 18 may be physically present

during the play of Class II gaming, except that children over

12 years of age may be present during the play of bingo

when accompanied by a parent or legal guardian.

3.06.4 No person under the age of 18 may be physically present on

or in those portions of the premises of a licensed gaming

facility where Class Ill gaming is being played. Persons

under the age of 18 may be physically present on or in those

portions of the premises of a licensed gaming facility where

Class III gaming is not being played or in the restaurant area

of such premises.

3.06.5 This section establishes minimum age requirements.

Nothing in this section shall prevent the Enterprise of any

licensed gaming facility from imposing minimum ages higher

than those established in this section.

3.07 Protection of the Environment and Public Health and Safety All

gaming facilities shall be constructed, maintained and operated in a

manner that adequately protects the environment and the public health

and safety.

3.08 Savings Clause If a court of competent jurisdiction invalidates any

section of this Ordinance the remaining sections shall not be affected

thereby.

Section 4. OWNERSHIP OF GAMING; GAMING AUTHORIZED;

MANAGEMENT

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4.01 Ownership MBPI shall have the sole proprietary interest in and

responsibility for the conduct of any gaming authorized by this Ordinance.

No part or share of the proceeds of any Tribal gaming operation shall

inure to the benefit of any person except as provided in a management

contract approved in accordance with this Ordinance. No gaming

employee shall have any interest in the ownership or leasing of any

property, gaming device or facility used by the Enterprise in gaming

operations.

4.02 Authorized Gaming The MBPI Gaming Enterprise (Enterprise) is hereby

created and established. The Enterprise, on behalf of the Tribe, may

conduct Class II gaming, and all types of Class Ill gaming authorized by a

Compact entered into pursuant to the Act. No person under the age of 18

shall be permitted to place any wager, directly or indirectly, on any Class

Ill gaming.

4.03 Gaming Management The Enterprise shall operate and manage the

Tribes Class II and Class Ill gaming. Pursuant to this operation and

management, the Enterprise shall:

4.03.1 Exercise exclusive control over the management and

conduct of the business and operations of each licensed

gaming operation, including rules of play for the games

played;

4.03.2 Contract and incur liability for and on behalf of the licensed

gaming operation;

4.03.3 Borrow for or on behalf of the licensed gaming operation

money which in the Enterprises discretion and judgment is

necessary for the conduct of the business, and pledge or

encumber business assets to secure the repayment of

money so borrowed;

4.03.4 Make all contracts for and on behalf of a licensed gaming

operation in the conduct of the operations business;

4.03.5 Employ, discipline and discharge employees and establish

personnel policies and terms and conditions of employment;

4.03.6 Carry on and transact or supervise and control all of the

other gaming business of the Tribe; and

4.03.7 Establish procedures for resolving disputes between the

gaming public and 1) the Enterprise, 2) a licensed gaming

operation, or 3) a management contractor. Any appeal from

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the resolution of a dispute shall be handled by the

Commission pursuant to regulations developed by the

Commission.

4.04 Management Contractors The Enterprise or the Tribe may contract with

any person to operate each licensed gaming operation. The Enterprise

may delegate to a management contractor any Enterprise power or duty

as the Enterprise deems appropriate, subject to the Enterprises

supervisory authority. Any person contracted with to operate gaming shall

obtain a gaming license as required by this Ordinance.

Section 5. USE OF GAMING REVENUE

5.01 Net Revenues Net revenues from Class II and Class Ill gaming shall be

used solely for the following purposes:

5.01.1 To fund the tribal government operations and programs;

5.01.2 Provide for the general welfare of the Tribe and its members;

5.01.3 Promote tribal economic development;

5.01.4 Donate to tharitable organizations; or

5.01.5 Help fund operations of local government agencies.

5.02 Per Capita If the Tribe elects to make per capita payments to tribal

members, it shall authorize such payments only upon approval of a plan

submitted to the Secretary of the Interior under 25 U.S.C. § 271 0(b)(3).

Section 6. AUDIT

6.01 Annual Submission The Enterprise shall cause to be conducted

annually an independent audit of all gaming operations and shall submit

the resulting audit reports to the National Indian Gaming Commission and

the Commission.

6.02 Applicability All gaming related contracts that result in the purchase of

supplies, services, or concessions in excess of $25,000 annually, except

contracts for professional legal and accounting services, shall be

specifically included within the scope of the audit that is described in

Section 6.01, above.

6.03 Accounting Records All accounting records at any licensed gaming

operation shall be kept on a double entry system of accounting,

maintaining detailed supporting, subsidiary records. The licensed gaming

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establishment shall maintain the following records for not less than three

(3) years:

6.03.1 Revenues, expenses, assets, liabilities and equity for each

licensed gaming operation;

6.03.2 Daily cash transactions for each Class Ill game, including

but not limited to transactions relating to each gaming table

bank, game drop box and gaming room bank;

6.03.3 All markers, IOUs, returned checks, hold checks or other

similar credit instruments;

6.03.4 Individual and statistical game records (except card games)

to reflect statistical drop and statistical win; for electronic,

computer, or other technologically assisted games, analytic

reports which show the total amount of cash wagered and

the total amount of prizes won;

6.03.5 Contracts, correspondence and other transaction documents

related to the provision of gaming services;

6.03.6 Records of all gaming enforcement activities;

6.03.7 Internal audits prepared by internal auditors on behalf of the

licensed gaming operation and provided to the Commission;

6.03.8 Personnel information on all Class II and Class Ill gaming

employees, including personnel information involving

rotation sheets, hours worked, employee profiles and

background checks.

Section 7. TRIBAL GAMING COMMISSION

7.01 Establishment The Tribal Council hereby charters, creates and

establishes the MBPI Tribal Gaming Commission as a governmental

subdivision of the Tribe.

7.02 Location and Place of Business The Commission shall be a resident of

and maintain its headquarters, principal place of business and office on

the MBPI Reservation. The Commission may, however, establish other

places of business in such other locations as the Commission may from

time to time determine to be in the best interest of the MBPI.

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7.03 Duration The Commission shall have perpetual existence and

succession in its own name, unless dissolved by the Tribal Council

pursuant to Tribal law.

7.04 Attributes As a governmental subdivision of MBPI, the Commission is

delegated the right to exercise one or more of the substantial

governmental functions of the Tribe. In creating the Commission, the

Tribal Council intends the Commission to operate on behalf of the Tribe

for the sole benefit and interests of the Tribe, Tribal members and the

residents of the Reservation in relation to gaming. In carrying out its

purposes under this Ordinance, the Commission shall function as an arm

of the Tribe. Notwithstanding any authority delegated to the Commission

under this Ordinance, the Tribe reserves to itself the right to bring suit

against any person or entity in the Tribes own right, on behalf of the Tribe

or on behalf of the Commission, whenever the Tribe deems it necessary to

protect the sovereignty, rights and interests of the Tribe or the

Commission.

7.05 Recognition as a Political Subdivision of the Tribe The Tribe, on

behalf of the Commission, shall take all necessary steps to acquire

recognition of the Commission as a political subdivision of the Tribe,

recognized by all branches of the United States Government and the

various states as having been delegated the right to exercise one or more

substantial governmental functions of the Tribe.

7.06 Sovereign Immunity of the Commission The Commission is clothed

by federal and tribal law with all the privileges and immunities of the Tribe,

except as specifically limited by this Ordinance, including sovereign

immunity from suit in any state, federal or tribal court. Nothing in this

Ordinance shall be deemed or construed to be a waiver of sovereign

immunity of the Commission from suit, which shall only be waived

pursuant to Section 7.07 below. Nothing in this Ordinance shall be

deemed or construed to be consent of the Commission to the jurisdiction

of the United States or of any state or of any other tribe with regard to the

business or affairs of the Commission.

7.07 Waiver of Sovereign Immunity of the Commission Sovereign

immunity of the Commission may be waived only by express resolutions of

both the Commission and the Tribal Council after consultation with its

attorneys. Waivers of sovereign immunity are disfavored and shall be

granted only when necessary to secure a substantial advantage or benefit

to the Commission. Waivers of sovereign immunity shall not be general

but shall be specific and limited as to duration, grantee, transaction,

property or funds, if any, of the Commission and shall specify the court

having jurisdiction and the law applicable. Neither the power to sue and

be sued, nor any express waiver of sovereign immunity by resolution of

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the Commission shall be deemed a consent to the levy of any judgment,

lien or attachment upon property of the Commission other than property

specifically pledged or assigned, or a consent to suit in respect to any land

within the exterior boundaries of the Reservation or a consent to the

alienation, attachment or encumbrance of any such land.

7.08 Sovereign Immunity of the Tribe All inherent sovereign rights of the

Tribe as a federally-recognized Indian tribe with respect to the existence

and activities of the Commission are hereby expressly reserved, including

sovereign immunity from suit in any state, federal or tribal court. Nothing

in this Ordinance, nor any action of the Commission, shall be deemed or

construed to be a waiver of sovereign immunity from suit of the Tribe; or to

be a consent of the Tribe to the jurisdiction of the United States or of any

state or any other tribe with regard to the business or affairs of the

Commission or the Tribe; or to be a consent of the Tribe to any cause of

action, case or controversy, or to the levy of any judgment, lien or

attachment upon any property of the Tribe; or to be a consent to suit with

respect to any land within the exterior boundaries of the Reservation, or to

be a consent to the alienation, attachment or encumbrance of any such

land.

7.09 Credit of the Tribe Nothing in this Ordinance or any activity of the

Commission shall implicate or any way involve the credit of the Tribe.

7.10 Assets of the Commission The Commission shall have only those

assets specifically assigned to it by the Tribal Council or acquired in its

name by the Tribe or by it on its own behalf. No activity of the

Commission or any indebtedness incurred by it shall implicate or in any

way involve any assets of tribal members or the Tribe not assigned in

writing to the Commission.

7.11 Meetings

7.11.1 Regular Meetings The Commission shall hold at least two

regular monthly meetings, which shall take place on the days

designated by the Commission. If the meeting date falls on

a holiday, it may be rescheduled to another date not in

conflict with the regular meetings of the Tribal Council.

7.11.2 Special Meetings At the request of the Chairman of the

Commission, by three (3) or more members of the

Commission, or by the Director, special meetings of the

Commission may be called.

7.11.3 Compensation of Commissioners Commissioners shall be

compensated at a rate to be established annually by the

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Commission and approved by the Tribal Council.

Commissioners shall be reimbursed for actual expenses

incurred on Commission business, including necessary

travel expenses. In no event shall compensation be based

on the profitability of gaming operations.

7.11.4 Quorum A quorum for all meetings shall consist of four (4)

members.

7.11.5 Votinci All questions arising in connection with the action of

the Commission shall be decided by majority vote. The

Chairman of the Commission shall only be entitled to vote to

break a tie.

7.12 Organization The Commission shall develop its own operating

procedures and shall elect from within itself a Chairman to direct

meetings, a reporter to be responsible for keeping Commission minutes,

handling correspondence and reporting Commission decisions, and such

other officers as it deems advisable.

7.13 Annual Budget The Commission shall prepare an annual operating

budget for all Commission activities and present it to the Tribal Council for

action.

7.14 Right of Entrance; Monthly Inspection

7.13.1 The Commission, the Director, and duly authorized officers

and employees of the Commission, during regular business

hours, may enter upon the premises of the Enterprise, any

gaming operator or gaming facility for the purpose of making

inspections and examining the accounts, books, papers, and

documents of the Enterprise, any operator or gaming facility.

The Enterprise, operator or gaming operation shall facilitate

such inspection or examinations by giving every reasonable

aid to the Commission or the Director and to any properly

authorized officer or employee.

7.13.2 A Commissioner, a member of the Commissions

staff, or the Director, shall visit each gaming facility

during normal business hours for the purpose of

monitoring its operation. Such visits shall be

unannounced.

7.15 Hearings; Appeals Pursuant to Commission regulations, the

Commission may hold any hearing, and shall provide for any appeal

deemed necessary in the administration of its powers and duties under

16
this Ordinance. Whenever it shall appear to the satisfaction of the

Commission that all of the interested parties involved in any proposed

hearing or appeal have agreed concerning the matter at hand, the

Commission may issue its order without convening a hearing.

7.15.1 Patron Dispute Resolution In the event of a patron dispute,

a licensee must notify the patron of his/her right to contact

the Commission regarding the dispute.

7.15.2 Dispute Procedures The Commission shall establish

procedures for resolution of patron disputes and such

procedures shall provide the opportunity for a hearing and

an appeal process. If, however, a dispute occurs prior to the

establishment of patron dispute resoution procedures by the

Commission, the Commission or its designee shall be

responsible for patron dispute resolution. The Commission

or its designee may conduct any investigation, hold any

hearing and shall provide for any appeal deemed necessary

to resolve the patron dispute in accordance with section

9.01.12 of this Ordinance.

7.16 Staff of Gaming Commission; Director

7.16.1 Director Appointment The Tribal Council, with the advice

and consent of the Commission, shall appoint an Executive

Director of the Commission. The Director shall be

responsible for the day-to-day management of the affairs of

the Commission. A detailed background investigation shall

be conducted on the Director before his appointment. The

Commission shall maintain oversight of the Director on an

ongoing basis. Preference shall be given to applicants with

experience in legal gaming or law enforcement. The

Director shall meet the requirements of Section 8.03. The

Director shall not have any personal interest in any gaming

operations.

7.16.2 Directors Contract The Director shall be hired pursuant to

contract. The Tribal Council shall approve the terms of the

contract, including compensation. Compensation for the

Director shall not be based, in whole or in part, on the

profitability of the gaming operations.

7.16.3 Termination of Director The Director shall be terminated

immediately and without the necessity of a vote or hearing

upon conviction of or entry of a plea of guilty or no contest to

any criminal offense. Otherwise, the Director shall be

17
suspended or terminated upon the same grounds and under

the same terms, conditions and procedures as are set forth

in Sections 12.10 and 12.11, except suspensions and the

initiation of termination proceedings shall be the function of

the Commission, and the hearing and decision shall be the

function of the Tribal Council.

7.16.4 Duties of Director The Director shall, subject to the

supervision of the Commission, perform all duties, exercise

all powers, and assume and discharge all responsibilities

imposed by this Ordinance or delegated by the Commission.

Unless reserved to the Commission by Commission

decision, the Directors duties shall include but not be limited

to the following:

(A) serve as the chief executive officer of the Commission

and supervise its staff;

(B) negotiate contracts for the provision of services

necessary for the operation of the Commission as

approved by the Commission and expend funds for its

operation within its budget;

(C) arrange for an annual outside audit of authorized

gaming and provide a copy to the NIGC and the Tribal

Council;

(D) provide for an adequate system that ensures that the

background investigations required by this Ordinance

are conducted in a manner which complies with this

Ordinance and with NIGC regulations;

(E) make a decision on all applications for licenses,

subject to appeal to the Commission;

(F) conduct hearings, investigations, inquiries and

oversight of licensees, make decisions on suspension

of licenses, and initiate license revocation

proceedings;

(G) provide for investigation of complaints relating to

activities which fall within the regulatory authority of

the Commission;

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(H) send notice to the NIGC of all actions or matters for

which such notice is required by this Ordinance, the

IGRA or NIGC regulations;

(I) prepare reports and make recommendations to the

Commission about any other matter within the

Commissions jurisdiction;

(J) hire, pursuant to an authorized budget, and supervise

inspectors and such other staff, consultants and

counsel as required for Commission responsibilities;

(K) issue, deny, condition, suspend, or revoke any

gaming license, and take any other action on behalf of

the Commission, unless such power is reserved to the

Commission by this Ordinance or regulations adopted

thereto; and

(L) be the registered agent of the Tribe for service of

process by the NIGC, or other official notices

pursuant to the Act.

7.16.5 Investigations The Director, upon complaint or upon his

own initiative or whenever he may deem it necessary in the

performance of his duties or the exercise of his powers, may

investigate and examine the operation and premises of any

person who is subject to the provisions of this Ordinance.

Unless notified otherwise by the Commission, in conducting

such investigation, the Director may proceed either with or

without a hearing of the Commission, as the Director may

deem best.

7.16.6 Review All actions of the Director may be reviewed

by the Commission, acting upon the Commissions

own initiative or at the request of the Director.

Subject to such review, any action of the Director may

be upheld, vacated, or revised by the Commission.

7.16.7 Staff Commission staff are considered employees of

the Tribe, subject to the personnel policies of the

Tribe. No person shall be hired or retained as

Commission staff who do not meet the standards

imposed on Commissioners by Section 8 of this

Ordinance.

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7.17 Quarterly Reports The Commission shall file a quarterly report to the

Tribal Council summarizing reports received from the Enterprise and

making such comments, as it deems necessary, to keep the Tribal Council

fully informed as to the status of the various gaming operations.

Section 8. COMMISSION MEMBERSHIP

8.01 Number of Commissioners The Commission shall be comprised of five

(5) Tribal Gaming Commissioners consisting of persons appointed by the

Tribal Council.

8.02 Qualification of Commissioners Each Commissioner must be a

member of the Tribe.

8.03 Background Check Prior to the time that any Commissioner takes office

on the Commission, the Tribe shall perform or arrange to have performed

a comprehensive background check on each prospective Commissioner,

the results of which shall be transmitted to the Tribal Council. No person

shall serve as a Commissioner if:

8.03.1 His prior activities, criminal record, if any, or reputation,

habits or associations:

(A) pose a threat to the public interest;

(B) threaten the effective regulation and control of

gaming; or

(C) enhance the dangers of unsuitable, unfair, or illegal

practices, methods, or activities in the conduct of

gaming; or

8.03.2 He has, in any jurisdiction involving a matter which would be

a crime under the provisions of the Michigan Penal Code or

the controlled substance provisions of the Michigan Public

Health Code, been convicted of or entered a plea of nob

contendere (no contest) to: 1) a felony or any gaming

offense; or 2) to a misdemeanor within five (5) years of

consideration for appointment; or

8.03.3 He has a present interest in the conduct of any gaming

operation or in any business which is licensed to provide

gaming services to a gaming operation of the Tribe; or

8.03.4 He or any member of his immediate family is a key

employee or primary management official of, or has a

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financial interest in, any management contract or gaming

supply business, or if he has any other personal or legal

relationship which places him in a conflict of interest.

8.04 Term of Office Each Commissioner shall serve a term of four years, or

until a successor Commissioner is appointed. To create staggered terms

for the Commissioners, at the initial appointment of the Commissioners,

two Commissioners shall be appointed for a term of two years, and three

Commissioners shall be appointed for a term of four years. Thereafter, all

Commissioners shall serve four-year terms. The Tribal Councils

appointment of any Commissioner shall be by resolution.

8.05 Removal of Commissioners or Vacancies

8.05.1 Removal

(A) a Commissioner shall be immediately removed by the

Tribal Council for any action that bars eligibility for

serving in that capacity under Title Section 13 of this

Ordinance.

(B) a Commissioner may be removed by the Tribal

Council for the following reasons: serious inefficiency,

neglect of duty, malfeasance, misfeasance,

nonfeasance, misconduct in office, or for any conduct

which threatens the honesty and integrity of the

Commission or otherwise violates the letter or intent

of this Ordinance.

(C) no Commissioner may be removed without notice and

an opportunity to be heard before the Tribal Council,

and then only after the Commissioner has been given

written notice of the specific charges at least ten days

prior to such hearing. At any such hearing, the

Commissioner shall have the opportunity to be heard

in person or by counsel and to present witnesses on

his behalf.

(D) if the Tribal Council determines that immediate

removal of a Commissioner is necessary to protect

the interests of the Tribe, the Tribal Council may

immediately remove the Commissioner on a

temporary basis. Thereafter, the question of

permanent removal shall be determined pursuant to

Tribal Council hearing procedures.

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(E) the Tribal Secretary shall keep a written record of all

removal proceedings, together with the charges filed

and the findings made therein. The decision of the

Tribal Council upon the removal of a Commissioner

shall be final.

8.05.2 Vacancies If any Commissioner shall die, resign, be

removed, or for any reason be unable to serve as a

Commissioner, the Tribal Council shall declare the position

vacant and shall appoint another person to fill the position.

The terms of office of each person appointed to replace a

Commissioner shall be for the balance of any un-expired

term for such position, provided, however, that any

prospective appointee must meet the Commissioner

qualifications established by this Ordinance.

Section 9. GENERAL POWERS OF THE COMMISSION; REGULATIONS

9.01 Powers The Commission shall have the powers and duties granted or

imposed by this Ordinance, which shall include the following:

9.01.1 Consistent with its responsibility to regulate gaming and in

conformity with revised federal regulations, amended by the

NIGC on June 17, 2002, and contained at 25 C.F.R. §~

502.7, 502.8 and 502.9, to determine proper game

classifications on whether a game is Class II or Class Ill, or

to decide whether an electronic, computer or other

technological aid or other games similar to bingo is Class II

gaming, or whether a electronic or electromechanical

facsimile is Class Ill gaming.

9.01.2 To inspect and examine all premises wherein gaming is

conducted or gambling or gambling devices, equipment or

supplies are manufactured, sold or distributed.

9.01.3 To inspect all gaming devices, equipment and supplies in,

upon or about a licensed gaming operation, or inspect any

gaming devices, equipment or supplies wherever located,

which may or have been used in the licensed gaming

operation.

9.01.4 To summarily seize and remove and impound such gaming

devices, equipment or supplies for the purpose of

examination or inspection.

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9.01.5 To demand access to and inspect, examine and audit all

papers, books, and records of ail applicants and licensees or

affiliates of an applicant or licensee respecting any income

produced or expenditures made by any licensed gaming

operation, and require verification of income and all other

matters affecting the enforcement of any provision of this

Ordinance vested in the Commission.

9.01.6 To demand access to and inspect, examine and audit all

papers, books, and records of any and all business

conducted in a licensed gaming operation whether or not a

license is required to conduct such business.

9.01.7 To refer to federal, state or Tribal prosecutors or the NIGC

the results of any investigation for possible prosecution,

institution of civil remedial forfeiture proceedings, or other

remedial action.

9.01.8 To conduct hearings, inclusive of appeals, to issue

subpoenas and compel the attendance of witnesses, to

administer oaths and to require testimony under oath at any

such hearing. Any person making false statements in any

matter before the Commission is guilty of perjury. Any

process or notice may be served in the manner provided for

service of process and notices in a civil action. The

Commission may pay such transportation and other

expenses of witnesses, as it may deem reasonable and

proper.

9.01.9 To promulgate regulations as authorized in this Ordinance.

9.01.10 To meet at least quarterly with the Director on all matters

pertaining to the regulation of gaming, including the

designation of powers, duties and responsibilities between

the Commission and the Director.

9.01.11 To organize itself into such functional divisions as deemed

necessary or expedient from time to time.

9.01.12 To receive and investigate complaints from patrons and

other persons alleging violations of this Ordinance,

Commission regulations, or other applicable law.

9.01.13 To employ staff and consultants to carry out its duties, and to

make other expenditures consistent with its budget.

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9.01.14 To keep and maintain a file of all applications for licenses,

together with a record of all action taken with respect to such

applications.

9.01.15 To keep and maintain such other files and records as

deemed necessary.

9.01.16 To review and oversee implementation of internal controls

adopted by the Enterprise or gaming operation.

9.01.17 To hear appeals in any matter involving gaming related

disputes, including but not limited to: license suspensions,

revocations, or denials; issues between patrons and the

Enterprise or gaming operations; Director decisions; and

Enterprise and management or employee disputes.

9.01.18 To take other action necessary and incidental to the

enumerated powers and duties.

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9.02 Regulations

9.02.1 Commission regulations necessary to carry out the orderly

performance of its duties and powers, along with those of the

Director, shall include, but not be limited to the following:

(A) internal operational procedures of the Commission

and its staff;

(B) interpretation and application of this Ordinance as

may be necessary to carry out Commission duties

and powers;

(C) a regulatory system for all gaming activity, including

accounting, contracting, management and

supervision;

(E) the findings of any reports or other information

required by or necessary to implement this

Ordinance;

(F) the conduct of inspections, investigations,

hearings, enforcement actions and other powers of

the Commission authorized by this Ordinance;

(G) procedures for conducting background investigations

of gaming employees, including the designation of a

law enforcement agency to take fingerprints and the

process for conducting criminal history checks;

(H) procedures for issuing licenses;

(I) procedures for resolving gaming disputes between

the gaming public and the Enterprise; and disputes

involving management contractors, gaming

employees or gaming support employees;

(J) procedures for ensuring compliance with the NIGC

regulations; and

(K) appea procedures.

9.02.2 No regulation of the Commission shall be of any force or

effect unless it is adopted by the Commission by written

resolution and subsequently approved by a resolution of the

25
Tribal Council and both are filed for the record in the office of

the Tribal Secretary.

9.02.3 The Tribal Court and any other court of competent

jurisdiction shall take judicial notice of all Commission

regulations adopted pursuant to this Ordinance.

Section 10. GAMING LICENSES; GENERAL PROVISIONS

10.01 Applicability This Ordinance applies to all persons engaged in

gaming within the jurisdiction of the Tribe. The application for a

gaming license and the conduct of gaming within the jurisdiction of

the Tribe shall be deemed to be consent to the jurisdiction of the

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

such gaming, and all matters arising under any of the provisions of

this Ordinance or other applicable tribal laws.

10.02 Types of Licenses

10.02.1 Gaminci Operations Each gaming operation on Indian land

shall obtain a license. The Enterprise, in anticipation of

conducting Class Il or Class Ill gaming on Indian land shall

apply for a license authorizing such gaming.

10.02.2 Gaminci Employees Any person who has been hired for

employment in any licensed gaming operation as a primary

management official, a key employee, or other gaming

employee as deemed necessary by the Commission to be

licensed, shall apply for a license authorizing such

employment.

10.02.3 Gamin~ Services Any gaming service supplier shall apply

for and obtain a license before providing any gaming service.

10.02.4 Manaciement Contractors Any person awarded a

management contract by the MBPI or the Enterprise shall

comply with the requirements of Section 14 of this

Ordinance, the IGRA, and the Compact before beginning

gaming operations pursuant to such contract.

10.02.5 Any person seeking to license a gaming operation, or

become a gaming employee, a management contractor, or

provide gaming services on Indian land shall apply for, and

receive, all required licenses prior to engaging in such

activity, except as provided in Section 10.07 below.

26
10.03 Non-Transferability of License Any license issued pursuant to the

provisions of this Ordinance is valid only for the person or gaming

operation at the place of business shown on the face of the license. The

license is not assignable or otherwise transferable pursuant to the

requirements of this Ordinance.

10.04 Granting of License

10.04.1 Unless the Commission reserves the power to itself to issue

certain licenses, the Director shall issue all licenses. Before

a license is issued by the Commission or the Director,

appropriate background investigations and suitability

determinations shall be conducted pursuant to the

requirements of this Ordinance, including any regulations

promulgated thereto. Any decision of the Director in relation

to a license is subject to appeal to the Commission.

10.04.2 No license shall be issued to a person whose license has

previously been revoked pursuant to this Ordinance, or to

whom the issuance or renewal of a license has been denied,

except with the unanimous approval of the Commissioners.

10.05 Background Investigations of Primary Management Officials and Key

Employees; and Other Gaming Employees

10.05.1 The Commission or the Director shall request from each

primary management official and from each key employee all

of the following information, which will be used by the

Commission or a designated independent investigator to

conduct or cause to be conducted a background

investigation for each primary management official and key

employee at least as stringent as those required by parts

556 and 558 of the Code of Federal Regulations. The

Commission or the Director shall perform or cause to be

performed a criminal records check, conducted in

accordance with state law procedures, on all applicants and

licensees, for verification:

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

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

gender, all languages (spoken or written);

b. 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;

27
c. The names of current addresses of at least three

personal references, including one personal reference that

was acquainted with the applicant during each period of

residence listed under paragraph (b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business

relationships with Indian tribes, including ownership interests

in those businesses;

f. A description of any existing and previous business

relationships with the gaming industry generally, including

ownership interests in those businesses;

g. 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;

h. 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;

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;

j. 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 (h) or (i) of this

section, the criminal charge, the name and address of the

court involved and the date and disposition;

k. 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;

I. A current photograph;

m. Any other information the Commission or Director deems

relevant; and

28
n. Fingerprints consistent with procedures adopted by the

Commission or Director according to 25 C.F.R. § 522.2(h)

10.06 Consultation with Law Enforcement As a part of the background

investigation, the Director shall consult with appropriate law enforcement

officials concerning any application for a license before the license is

issued.

10.07 Fees The Commission shall, set fees for applications, background

investigations and licenses. All such fees shall be made payable to the

Tribe.

10.08 Ninety Day Limitation; Grace Period; Temporary License

10.08.1 No licensed gaming operation shall employ a gaming

employee who does not obtain a license within ninety (90)

days of being hired, unless such gaming employee

possesses a temporary license under the provisions of

Section 10.07.2 below. No such person may begin

employment without having had completed an application for

a license. No provider of gaming services shall provide any

services for a licensed gaming operation prior to the

issuance of a license, If any information is received that

would disqualify the applicant from receiving a license, the

applicant will no longer be employed or provide gaming

services.

10.08.2 For gaming employees, within twenty (20) days of the receipt

of a completed application for licensing, and upon request of

the applicant, the Commission may issue a temporary

license to the applicant unless the background investigation

undertaken discloses that the applicant has a criminal

history, or unless other grounds sufficient to disqualify the

applicant are apparent on the face of the application. The

temporary license shall become void and be of no effect

upon: 1) the issuance of the license; 2) the issuance of a

notice of denial of a license; or 3) the expiration of ninety

(90) days after the applicant has begun working and no

license has been issued. The Commission, in its absolute

discretion, may extend a temporary license for an additional

period not to exceed one hundred and twenty (120) days.

10.09 Disclosure by Applicant The burden of providing eligibility to receive

any license is on the applicant. An applicant for licensing shall make true

29
and full disclosure of all information to the Commission or the Director as

required by this Ordinance and applicable regulations. It is the duty of the

applicant to disclose all information material to whether the applicants

involvement with gaming would jeopardize or compromise the Tribes

interest, whether or not the applicant has been specifically requested to

provide that information.

10.10 Violations by Licensee

10.10.1 Violation of any material provision of this Ordinance or of any

Commission regulation by a licensee or its agent or

employee shall be deemed contrary to the public health,

safety, morals, good order, and general welfare of the Tribe,

and shall be deemed grounds for refusing to grant or renew

a license, or to suspend or revoke a license.

10.10.2 Acceptance of a license or renewal on the part of the

licensee shall constitute the licensees agreement to be

bound by all of the regulations and conditions of the

Commission and Director and by the provisions of this

Ordinance and any amendments hereafter promulgated, and

to cooperate fully with the Commission and Director, It is the

responsibility of the Licensee to keep informed of the

contents of this Ordinance, its regulations, and any

amendments thereto. Ignorance will not excuse violations.

10.10.3 The Enterprise or management of any licensed gaming

operation shall report to the Director any known or

suspected violation of this Ordinance, regulations under this

Ordinance or any criminal activity, whether related to gaming

or otherwise, by any person licensed under this Ordinance

as soon as the information becomes known to the Enterprise

or management. The reports must be made regardless of

whether disciplinary action or referral for prosecution is

contemplated.

Section 11. LICENSING CLASS I, CLASS II, AND CLASS Ill OPERATIONS

11.01 Class I Class I gaming may be conducted on Indian land without a

license. The Commission or the Director may investigate such activity to

insure it does not constitute Class II or Class Ill gaming.

11.02 Class II A separate gaming license shall be required for each place,

facility, or location on Indian land at which Class II gaming is conducted by

the Enterprise.

30
11.03 Class Ill The Commission or the Director, as the Commission deems

appropriate, may license Class Ill gaming if such gaming is conducted in

conformity with the Act, NIGC regulations, the Compact, and this

Ordinance. A Class Ill gaming license shall be required for all triballyowned or operated gaming operations conducted by the Enterprise for any

gaming other than Class I or Class II gaming.

11.04 Privately Owned Gaming Not Licensable No license may be issued for

any gaming operation, whether for one or more occasions, which are

owned or operated by any person other than the Tribe.

11.05 Application Elements

11.05.1 Class II and Class Ill Before issuing a license for any Class

II or Class Ill gaming operation the Commission or the

Director, as the Commission deems appropriate, shall:

(A) review the proposed gaming activity to ensure that all

threshold criteria required by this Ordinance shall be

met;

(B) ensure that the necessary background checks on

management contractors, gaming employees, and

providers of gaming services as required by this

Ordinance has been, or is being, conducted;

(C) review and approve the accounting procedures to be

used in such gaming activity;

(0) take any additional steps necessary to ensure the

integrity of such gaming activity;

(E) for Class Ill gaming, review all aspects of the

proposed gaming operation to ensure that it will be in

compliance with the provisions of the applicable

Compact; and

(F) ensure that the threshold criteria in subsection (f)

below are met.

11.06 Threshold Criteria for Potential Gaming Operations The Commission

or the Director, as the Commission deems appropriate, shall issue a

license for Class II or Class Ill gaming to any tribally-owned or tribally

operated gaming operation if:

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11.06.1 The proposed gaming activity is to be located on land which

was held in trust for the Tribe prior to October 17, 1988 or on

trust lands which were located within or contiguous to the

boundaries of the Reservation on October 17, 1988 or on

lands taken into trust after October 17, 1988 which has been

authorized for gaming by the Secretary of the Interior under

25 U.S.C. § 2719(b)(1);

11.06.2 The State of Michigan continues to permit such gaming for

any purpose by any person, organization or entity, and such

gaming is not otherwise specifically prohibited on Indian land

by federal law;

11.06.3 The Tribe will have the sole proprietary interest;

11.06.4 The proposed gaming activity is authorized by a Tribal

Council resolution;

11.06.5 The resolution authorizing the proposed gaming activity

provides that:

(A) the revenues or the proposed gaming activity shall be

audited annually and copies of those audits will be

provided to the Commission and the National Indian

Gaming Commission;

(B) the proposed gaming activity shall comply with all IRS

reporting and filing requirements;

(C) all of the proceeds of the proposed gaming activity

shall be used for the purposes stated in Title V;

(D) all contracts for gaming services for an amount in

excess of $25,000 annually, except contracts for legal

and consulting services, shall be subject to an annual

independent audit;

(E) the construction or maintenance of the gaming facility

and the operation of the proposed gaming activity

shall be conducted in a manner which the

Commission finds will adequately protect the

environment and the public health and safety;

(F) all primary management officials and key employees

shall pass background checks and obtain the tribal

32
gaming employee licenses required by this

Ordinance;

(G) the Commission shall have the authority to regulate

the proposed gaming activity;

(H) the proposed gaming activity shall pay to the National

Indian Gaming Commission such fees as federal law

may require to be paid; and

(I) in the event the gaming activity is Class Ill gaming,

such gaming activity meets all other criteria

established by the Compact.

11.07 License Application Fees An application fee shall be required for a

Class II or Class Ill gaming operation. Said fee shall be set by the

Commission and shall accompany the application.

11.08 License Tax No annual license tax shall be required for a Class II or

Class Ill gaming operation.

11.09 Terms of License A Class II and Class Ill gaming license shall be valid

for a period of (1) one year from the date of issuance.

11.10 Posting of Licenses Each Class II or Class Ill gaming operation shall

post the applicable tribal gaming license in a conspicuous location in the

facility where such gaming is offered.

11.11 Criteria for Gaming License Renewals Each gaming license must be

renewed every 365 days from the date of issuance. A renewal fee, in an

amount as determined by the Commission shall be submitted with every

renewal application. In order to obtain a renewal of a license, the licensee

shall submit a written renewal application to the Director on the form

provided by the Director. No renewal application for a gaming operation

shall be approved until the annual report, required by Section 11.12 below,

has been properly filed. All renewal applications submitted shall be

approved in 30 days or less unless the Commission or the Director

believes, based on reasonable grounds, that the gaming has been or will

be operated in violation of tribal, federal or other applicable law, or the

terms and conditions of the Compact have been or will be violated.

11.12 Annual Reports For each separate license issued to a gaming operation

under the control of the Enterprise, the Enterprise or the gaming operation

shall file an annual report with the Director between the 15th and the last

day of the 12-month term of each license. The report shall be submitted

33
to the Director on the annual report form provided by the Director and shall

include, at a minimum, the following information:

11.12.1 The name, address and telephone number of the manager

of gaming for the operation;

11.12.2 The names, addresses and titles of all key employees of the

operation;

11.12.3 A description of the gaming activity that has been operated

under the license and the total gross sales thereafter;

11.12.4 A written copy of any changes the Enterprise or

management proposes to the gaming operations rules;

11.12.5 A statement of the specific date or dates and time or times

on which the Enterprise or management wishes to operate

its gaming activity over the next license period;

11.12.6 The name and address of the person who will be designated

as the primary management official over the next license

period;

11.12.7 A statement of any changes in the primary management

officials or key employees who will operate the gaming

activity over the next license period;

11.12.8 The names and addresses of any employees who the

Commission or the Director may determine to be key

employees during review of the application;

11.12.9 Written proof that the gaming operation has paid, and will

continue to pay, to the National Indian Gaming Commission

such fees as federal and tribal law may require it to pay;

11.12.10 A sworn statement that the Enterprise or management has

complied with the Internal Revenue Codes and Regulations,

including written notice of customer winnings, and a

statement that the Enterprise or management shall continue

to obey all tribal and federal laws and shall hold the

Commission, the Director, and the Tribe harmless for failure

to do so;

11.12.11 Any location at which gambling has been conducted and any

new location where gambling will be established in the next

license period;

34
11.12.12 The number of full-time equivalent people, on an annualized

basis, employed by the gaming operation during the past 12

months, together with a projection of the number of full-time

equivalent people who are expected to be employed during

the next license period;

11.12.13 The total gross revenue of the gaming operation attributable

directly or indirectly to gambling over the proceeding 12

months;

11.12.14 A sworn statement that the Enterprise, management, and all

of their gaming employees continue to consent to Tribal

Court jurisdiction and service of process in all matters arising

from the conduct of tribally-licensed gaming activity; and

11.12.15 If the manager is a corporation, a copy of any amendment to

its articles of incorporation, properly certified by the

incorporating government, unless a current copy has already

been filed with the Commission.

11.13 Closure of a Licensed Tribal Gaming Activity If the Commission or the

Director finds that any tribally owned gaming operation is in violation of

this Ordinance, or otherwise presents a threat to the public, the

Commission or the Director, with the consent of the Commission, must

immediately notify the Tribal Chairman and the Tribal Council to correct

the violation. The Tribal Council may close down any gaming operation

temporarily or permanently at any time with or without cause.

Section 12. LICENSING PRIMARY MANAGEMENT OFFICIALS AND KEY

EMPLOYEES; AND OTHER GAMING EMPLOYEES

12.01 Current and Valid Gaming Employee License Required Each

primary management official and key employee of a Class II or

Class Ill gaming operation must possess a current and valid

gaming employee license. Any other Class II or Class III gaming

employee deemed by the Commission to be licensed must possess

a current and valid gaming employee license.

12.02 Eligibility Determination

12.02.1 Any person determined by the Commission or the Director,

as the case may be, to be qualified to receive a gaming

employee license shall be issued a license. No license shall

be issued unless a background investigation has been

completed on the applicant.

35
12.02.2 The Commission or the Director, as the case may be, shall

review an applicants prior activities, criminal record, if any,

and reputation, habits and associations to make a finding

concerning the eligibility of a key employee or primary

management official or other gaming employee for a license.

If the Commission or Director determines that the licensing

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 activities in the conduct of gaming, the

Commission or Director shall not license that person in a key

employee or primary management official position.

12.02.3 No license shall be granted to any person who:

(A) is under the age of 18; or

(B) has been convicted of or entered a plea of guilty or no

contest to a gambling related offense, fraud or

misrepresentation; or

(C) has been convicted of or entered a plea of guilty or no

contest to any offense not specified in subsection (B)

within the immediately preceding five years. This

provision shall not apply if that person has been

pardoned by the Governor of the State where the

conviction occurred or, if a Tribal member, is

determined to be a person who is not likely again to

engage in any offense or criminal course of conduct

and the public good does not require that the

applicant be denied a gaming license; or

(D) is determined to have participated in organized crime

or unlawful gambling or whose prior activities, criminal

record, if any, or reputation, habits, and associations

pose a threat to the public interest or to the effective

regulation and control of gaming, or create or

enhance the dangers of unsuitable, unfair, or illegal

practices, methods and activities in the conduct of

gaming or the carrying on of the business and

financial arrangements incidental thereto.

12.03 Application Procedure for Employment

12.03.1 Any person seeking employment with a gaming operation as

a primary management official, key employee or gaming

36
employee which gaming employee is deemed by the

Commission or Director as needing a gaming license, shall

submit an application to the Commission or Director on such

form or in such manner as the Commission or Director may

require.

12.03.2 The Commission or Director will conduct or cause to be

conducted a background investigation on each applicant

using the information provided on the application. At a

minimum, the application shall contain the following

information:

(A) the applicants name, including all other names used,

current home and work addresses and telephone

numbers, gender, Social Security Number, place of

birth, date of birth, citizenship, and drivers license

number, as well as the address of his personal

residences over the past 5 years;

(B) the specific location at which the applicant is applying

to be employed;

(C) the name and job description of the position the

applicant is applying for;

(D) the names and addresses of the applicants living

parents, grandparents, spouse, children, brothers,

and sisters, including step-, half- and in-laws;

(E) a statement as to whether or not the applicant has

ever been charged with a crime, and if so, the charge,

the name and address of the court involved, the

applicants explanation of the outcome of the case,

including the date of final disposition;

(F) the names, current addresses and telephone

numbers of three references who are not related to

the applicant and who were acquainted with the

applicant when the applicant was residing at each of

the addresses listed in subsection (A) above;

(G) a list of the applicants current and previous jobs over

the preceding 5 years, including the name, address

and telephone number of his employer, and the

position held;

37
(H) the names and addresses and a brief description of

all businesses in which the applicant currently holds,

or has, within the last 5 years held, an ownership

interest;

(I) a description of any existing and previous

employment relationships with an Indian Tribe,

including the employee position held, name of the

Tribe involved and name and address of a person

who can attest to the accuracy of the information

provided;

(J) a description of any current or past non-employee

business arrangements that the applicant has had

with an Indian Tribe, including the name of the Tribe

involved and the name and address of a person who

can attest to the accuracy of the information provided;

(K) a statement as to whether the applicant has had any

past employment with, or ownership interest in, any

gaming business. If so, the applicant shall provide a

written statement describing his position, the dates

during which that position was held, a description of

the applicants ownership interest or job

responsibilities and the name, address and phone

number of the business, and a person who can attest

to the accuracy of the information provided;

(L) a list of all gaming-related licenses the applicant has

applied for, whether or not those licenses were

granted and the name and address and phone

number of the regulatory agency involved;

(M) a list of all professional or business licenses the

applicant has applied for, whether or not those

licenses where granted and the name, address and

phone number of the regulatory agency involved;

(N) a statement of all languages written or spoken;

(0) a sworn statement that neither the applicant nor any

member of his immediate family has a past or current

financial interest, other than a salary interest, in any

gaming-related activity anywhere. If the applicant has

any relative who has such a relationship, the applicant

38
shall fully disclose the name and the nature of the

relationship;

(P) written permission giving the Commission or the

Director the right to investigate the applicants

background, including the applicants criminal record,

civil and criminal judgments and credit history;

(Q) a complete disclosure of any pending or anticipated

civil or criminal action against the applicant, including

the name and address of the police department and

court involved;

(R) a disclosure of any civil or criminal judgments

rendered against the applicant, including the case

number, a description of the judgment and the name

and address of the court involved; and

(S) any other information that might bring into question

the applicants fitness to serve as a gaming employee

of a licensed gaming operation.

12.03.3 Each application shall be accompanied by a sworn

statement that the applicant will submit to the jurisdiction of

the Tribe and the Tribal Court, if employed.

12.03.4 Each application shall be accompanied by a photograph of

the applicant taken within the last year of the application.

12.03.5 Each application shall be accompanied by a sworn

statement that the applicant will abide by all applicable tribal

and federal laws, regulations and policies.

12.03.6 Each application shall be accompanied by an application fee

the amount of which shall be set by the Commission.

12.03.7 The following notice shall be placed on the application form

for a key employee or a primary management official or

other employee before that form is filled out by the applicant,

along with a written statement that the applicant has read,

understands and approves of the following Privacy Act

notice and False Statement notice:

(~n 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

39
et seq. The purpose of the requested information is to

determine the eligibility of individuals to be employed in

a gaming operation. The information will be used by 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 pursuant to a requirement by a

tribe or the National Indian Gaming Commission in

connection with the hiring or firing of an employee, the

issuance or revocation of a gaming license, or

investigations of activities while associated with a tribe

or a gaming operation. Failure to consent to the

disclosures indicated in this notice will result in the

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. 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)).

12.03.8 Fin~erłrint Verification A law enforcement officer of the

Allegan County Sheriffs Department will take and process

the fingerprints of each gaming license applicant for a

criminal history check to be conducted in accordance with

state law procedures. A criminal history check will include a

check of criminal history records maintained by the Federal

Bureau of Investigation.

12.04 Review Procedure

12.04.1 The Director shall forward a copy of each application to a

designated tribal or state law enforcement agency and

arrange for that agency to verify in writing the accuracy of

the applicants criminal record. The Director shall also

contact each reference provided in the application and take

other appropriate steps to verify the accuracy of the

information presented and prepare a report of findings. The

The Commission or the Director shall review a persons prior

40
activities, criminal record, if any, and reputation, habits and

associations to make a finding concerning eligibility of a key

employee or primary management official or other employee

for employment in the gaming operation. If the Commission

or Director 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 activities in the

conduct of gaming, the gaming operation shall not employ

that person in a key employee or primary management

official position. For all other gaming employees, the

Commission or the Director shall review the findings

resulting from the application and either grant or deny the

license, if one is required by this Ordinance or advise the

Enterprise that the applicants information has been

reviewed and there exists no barrier to employment. The

applicant shall be notified in writing of the Commission or the

Directors decision. Should the applicant disagree with a

decision made by the Director, the applicant may request a

hearing of the Commission to review the decision. After the

hearing, if the Commission votes to deny a license, it shall

include within this notification the specific reasons for its

decision.

12.04.2 All applications, background checks and Commission or

Director decisions shall be retained in the Commission files

for a period of at least five (5) years.

12.05 Reports to NIGC; Processing of Applications for Key Employees or

Primary Management Officials

12.05.1 At the time a primary management official or key employee

is employed by a licensed gaming operation, the Director

shall forward to the NIGC a completed application for

employment containing the information required in this Title

and conduct the background investigation required in this

Ordinance.

12.05.2 Before issuing a license to a primary management official or

key employee, and in no event more than sixty (60) days

after a primary management official or a key employee

begins work or of the effective date of this Ordinance, the

Director shall forward to NIGC an investigative report on the

background investigation for that primary management

official or key employee, together with a copy of the

41
determination on eligibility for licensing. The investigative

report shall include the following:

(A) steps taken in conducting a background investigation;

(B) results obtained;

(C) conclusions reached; and

(D) the bases for those conclusions.

12.05.3 No license shall be issued to a key employee or a primary

management official until the happening of the first of these

events:

(A) receipt of notification that the NIGC has no objection

to the issuance of a license; or

(B) the expiration of the thirty (30) day period for NIGC

review under 25 CFR § 558.3(c).

12.05.4 If, within the thirty (30) day period provided for NIGC review

under 25 CFR § 558.3(c), NIGC provides the Director with a

statement itemizing objections to the issuance of the license,

the Director shall reconsider the application, taking into

account the objections itemized by NIGC. The Director shall

then make a recommendation on whether to issue a license

in light of the NIGC objection(s) and refer the

recommendation to the Commission for consideration. The

Director or the Commission shall make the final decision

whether to issue a license to the applicant.

12.05.5 Upon any final decision not to license an applicant, the

Director shall notify the NIGC of that decision.

12.06 Scope of License

12.06.1 Any gaming employee licenses issued pursuant to this Title

shall be effective for only the location, job and employer

contained in the application.

12.06.2 Any licensed gaming employee applying for a different

gaming position shall apply to have his license transferred to

the new position by requesting that transfer in writing to the

Director in a manner which details the new job and location

and the operator for whom he proposes to work.

42
12.07 Licensing Period Any gaming employee license issued pursuant to this

Title shall be effective for a period of one year from the date of issuance

and shall contain the licensees photograph and shall state on its face the

name of the employee, the location at which he is licensed to work, the

gaming operation who employs him, the date that the license became

effective and the date the license expires.

12.08 Renewals A holder of a gaming employee license shall petition to have

his license renewed, by applying to the Director for a renewal before the

original license has expired and updating all information contained in the

original application.

12.09 Requirement to Produce License Upon Request Any person receiving

a gaming employee license must carry that license upon his person during

all working hours and must produce that license upon request of any

person.

12.10 Suspension or Revocation of Gaming Employee License

12.10.1 Grounds for Suspension or Revocation Subject to

applicable or appropriate notice and hearing requirements, a

license may be suspended or revoked for any of the

following reasons:

(A) the employee has withheld pertinent information on

his application;

(B) the employee has made false statements on the

application;

(C) the employee has participated in gaming that was not

authorized by any tribal gaming license;

(D) the employee has attempted to bribe a Tribal Council

member, Commissioner or other person in an attempt

to avoid or circumvent Tribal law;

(E) the employee has offered something of value or

accepted a loan, financing or other thing of value from

a Commissioner, a subordinate employee or any

person participating in any gaming;

(F) the employee has knowingly promoted, played or

participated in any gaming operated in violation of

tribal or federal law or the Compact;

43
(G) the employee has been knowingly involved in the

falsification of books or records which relate to a

transaction connected with the operation of a gaming;

(H) the employee has violated any provision of this

Ordinance or the rules and regulations of the

Commission;

(I) the employee has been convicted of, or has entered a

plea of nob contendere to, any crime involving

gaming, fraud, theft, embezzlement or other activity

which, if perpetrated at his operators place of

employment, would injure or pose a threat to the

public interest, or the integrity of gaming, or the

effective regulation of gaming or enhance the dangers

of unfair, unsuitable or illegal gaming practices;

(J) the employee has refused to comply with any lawful

order, inquiry or directive of the Director, the

Commission, the Tribal Council, the federal

government or any court of competent jurisdiction;

(K) the employee has been convicted of, or entered a

plea of nob contendere to, a crime involving the sale

of illegal narcotics or controlled substances; or

(L) the employee, through prior activities or criminal

records (if any), or through reputation, habits and

associations poses a threat to the public interest or to

the effective regulation of gaming, or creates or

enhances the dangers of unsuitable, unfair, or illegal

practices, methods and activities in the conduct of

gaming.

12.10.2 Investigation Required Whenever it is brought to the

attention of the Commission or the Director that grounds

may exist for suspending or revoking a license pursuant to

subsection (1) above, the Commission or the Director shall

undertake an investigation to determine whether disciplinary

action should be taken pursuant to Section 12.11 below.

12.10.3 Notification from the NIGC If, after the issuance of a

gaming license, the Commission or Director receives from

the National Indian Gaming Commission reliable information

indicating that a key employee or a primary management

official is not eligible for employment under section 12

44
above, the Commission or the Director shall suspend such

license and shall notify in writing the licensee of the

suspension and the proposed revocation.

12.11 Basis of Suspension of Employee Gaming License

12.11.1 Any gaming employee license may be temporarily and

immediately suspended by the Director, the Commission, the

Tribal Court or the Tribal Council or its designee for not more

than 30 days if any of the following have occurred:

(A) the employee has been charged with a violation of

any gaming law;

(B) the employees continued employment as a primary

management official or key employee of a game or

gaming operation poses a threat to the general public;

(C) the employee has made a material false statement in

his license application;

(D) the employee has participated in gaming

unauthorized by his tribal gaming license;

(E) the employee has refused to comply with any lawful

order of the Director, the Commission, the Tribal

Council, the Tribal Court or the National Indian

Gaming Commission; or

(F) if otherwise not identified, any of the events listed in

(j)(1) above have occurred.

12.11.2 If an employee has conducted any of the events as

contained in Section 12.11.1(A) through (F) above, or that

his non-compliance with this Ordinance is a direct and

immediate threat to the peace, safety, morals or health or

welfare of the community, the Director shall issue a notice of

temporary suspension of the employees gaming license

which notice shall be served upon the employee or any

agent of the employee. The order shall state the grounds

upon which it is issued arid the employees right to a hearing.

The employee shall immediately cease and desist operating

in his gaming employee position upon receipt of the order.

The Commission shall hold a hearing on the order within 14

calendar days of its receipt of the appeal. At the hearing the

employee shall have an opportunity to present testimony and

45
cross-examine opposing witnesses, and to present any other

evidence as to why his license should not be revoked. The

hearing shall be governed in all respects in accordance with

Tribal law and Commission regulations. The burden shall be

on the licensee to establish continued eligibility for a license.

12.11.3 After the hearing, the Commission shall make one of the

following dispositions:

(A) revoke the license;

(B) reinstate the license; or

(C) reinstate the license with conditions or limitations.

12.11.4 The decision of the Commission is final. The Commission

may revoke a license regardless of whether:

(A) the licensee has been disciplined or discharged by

the licensed gaming operation or the Enterprise;

(B) criminal or civil remedial forfeiture proceedings have

been initiated; or

(C) if criminal charges were brought, whether or not such

charges resulted in dismal or acquittal.

46
Section 13. LICENSING OF GAMING SERVICE SUPPLIERS;

BACKGROUND CHECK

13.01 Gaming Service Suppliers

13.01.1 Any person who supplies gaming services in the amount of

$5,000 or more in any one month period to any licensed

gaming operation shall have a license issued by the

Commission or the Director, as the case may be.

13.01.2 Prior to entering into any agreement, the licensed gaming

operation or the proposed gaming services supplier, and all

persons holding a direct or indirect financial interest in the

gaming services supplier or in the agreement for such

services, shall provide to the Director such information as

the Director shall prescribe to permit the Director to conduct

a background investigation on those persons or entities.

The applicant shall provide any additional information that

the Director may request.

13.01.3 The Director shall review the information submitted and

recommend to the Commission, based upon the applicants

prior activities, criminal record, if any, and reputation, habits

and associations, whether to license the gaming services

supplier. The Commission shall review the Directors

recommendation and decide whether to issue the license.

No license shall be issued if the applicant, or any manager

or person holding direct or indirect financial interest in the

supplier or the proposed agreement is determined to have:

(A) participated in or have involvement with organized

crime; or

(B) been convicted of or entered a plea of guilty or no

contest to a gambling related offense, fraud or

misrepresentation; or

(C) been convicted of or entered a plea of guilty or no

contest to any other felony offense within the

immediately preceding five years, unless that person

has been pardoned.

13.01.4 The Enterprise or a gaming operation shall not contract with

or purchase any equipment, supplies or services from any

gaming services supplier if the supplier does not have a

required gaming license or the background check reveals

47
that such supplier, or any manager of or person holding a

direct or indirect financial interest in such supplier or the

proposed lease or contract:

(A) has been convicted of or pled guilty or no contest to

any felony offense within the immediately preceding

five years; or

(B) has participated in or has involvement with organized

crime or unlawful gaming; or

(C) whose prior activities, criminal record, if any, or

reputation, habits, and associations pose a threat to

the public interest or to the effective regulation and

control of gaming, or create or enhance the dangers

of unsuitable, unfair, or illegal practices, methods and

activities in the conduct of gaming.

13.01.5 Any license issued pursuant to this Title shall be effective for

a period of one year from the date of issuance.

13.01 .6 A holder of a gaming supplier license shall petition to have

his license renewed, by applying to the Director for a

renewal before the original license has expired and updating

all information contained in the original application.

Section 14. MANAGEMENT CONTRACTS

14.01 Commission Approval Required

14.01.1 Any management contract entered into by the Enterprise or

by the Tribe for the management of Class II or Class Ill

gaming must be submitted to the Commission for approval

and a finding of suitability. Before approving such contract,

the Commission shall require and obtain the following

information:

(A) the name, address of each of the following:

(i) each person with management responsibility

for a management contract;

(ii) each person who is the director of a

corporation that is a party to a management

contract;

48
(iii) each member of the Board of Directors of a

corporation that is a party to a management

contract;

(iv) each stockholder of a corporation who holds

either directly or indirectly 10% or more of its

issued and outstanding stock;

(v) each person who has a direct or indirect

financial interest in an entity that is a party to a

management contract; and

(vi) each person who has a direct or indirect

financia interest in a management contract.

(B) for each of the individuals identified in subsection (A),

the management contractor shall provide to the

Commission:

(i) full name, other names used, social security

number(s), birth date, place of birth, citizenship

and gender;

(ii) a current photograph, drivers license number,

and which state(s) issued a drivers license;

(iii) business and employment positions held,

business and residence addresses held

currently and for the previous ten (10) years;

the city, state and country of residence from

age eighteen (18) until the present;

(iv) the names and current addresses of at least

three (3) personal references, including one

personal reference who was acquainted with

the person at each different residence for the

past five (5) years;

(v) current residence and business addresses and

telephone numbers;

(vi) a description of any previous business

relationships with Indian tribes, including

ownership interests in those businesses;

49
(vii) a description of any previous business

relationships with the gaming industry

generally, including ownership interests in

those businesses;

(viii) 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;

(ix) for each gaming related offense and for each

felony for which there is an ongoing

prosecution or a conviction, or for which a plea

of guilty or no contest was entered, the name

and address of the court involved, the charge,

and the dates of the charge and of the

disposition;

(x) for each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor

traffic violations) within ten (10) years of the

date of the application, the name and address

of the court involved, and the dates of the

prosecution and the disposition;

(xi) a complete financial statement showing all

sources of income for the previous three years,

and assets, liabilities, and net worth as of the

date of the submission; and

(xii) the management contractor shall arrange with

an appropriate federal, state or Tribal law

enforcement authority to supply the

Commission with a completed fingerprint form

(form FD-258) which is supplied by the NIGC

for each of the individuals identified in Section

14.01.

14.01 .2 The management contractor shall supply any further or

additional information as may be required by the IGRA,

NIGC regulations or the Compact.

14.01.3 The management contractor and any other person listed in

Section 14.01.1(A) shall be required to respond to such

50
written or oral questions as the Commission may propound

in accordance with its responsibilities under this section.

14.01.4 For purposes of this Ordinance, any reference to the

management contract described in Section 14.01.1 shall be

considered to include all collateral agreements to such

contract that relate to the gaming operation.

14.02 Requirements for Approval The Commission may approve any

management contract entered into by the Tribe or by the Enterprise only if

the Commission determines that such contract provides at a minimum:

14.02.1 That all gaming covered by the contract will be conducted in

accordance with the IGRA, NIGC regulations, the Compact

and this Ordinance.

14.02.2 For the establishment and maintenance of satisfactory

accounting systems and procedures that shall, at a

minimum:

(A) include an adequate system of internal accounting

controls;

(B) include the preparation of financial statements in

accordance with generally accepted accounting

principles.

14.02.3 For immediate access to the gaming operation, including its

books and records, by appropriate Tribal officials who shall

have a right to verify the daily gross revenues and income

made from any gaming activity.

14. 02.4 For verifiable financial reports that are prepared by or for the

Tribal Council on a monthly basis.

14.02.5 For a minimum guaranteed payment to the Tribe that has

preference over the retirement of development and

construction costs.

14.02.6 For an agreed ceiling for repayment of development and

construction costs.

14.02.7 For a contract term not to exceed five years, except that,

upon the request of the Tribe, a contract term of not more

than seven years may be approved where the capital

51
investment required and the income projections for the

gaming activity require the additional time.

14.02.8 For grounds and mechanisms for terminating such contract.

14.02.9 For preference to Native Americans in the hiring of

employees for the licensed gaming operation.

14.02.10 For a fee based upon a percentage of the net revenues of a

licensed gaming operation that is reasonable in light of

surrounding circumstances. Such fee shall not exceed thirty

(30%) of the net revenues except that a management fee of

not more than forty percent (40%) of net revenues may be

approved when requested by the Tribe only if the capital

investment required and income projections for such gaming

activity require the additional fee.

14.03 Contract Disapproval The Commission shall not approve any

management contract if it determines that:

14.03.1 Any person listed in Section 14.01.1(A):

(A) is an elected member of the Tribal Council; or

(B) has been or subsequently is convicted of any felony

or gaming offense; or

(C) has knowingly and willfully provided materially

important false statements or information to the

Commission or Tribal officials or has refused to

respond to questions propounded under Section

14.01 .3; or

(D) has been determined to be a person whose prior

activities, criminal record if any, or reputation, habits,

and associations pose a threat to the public interest or

to the effective regulation and control of gaming, or

create or enhance the dangers of unsuitable, unfair,

or ilegal practices, methods, and activities in the

conduct of gaming or the carrying on of the business

and financial arrangements thereto;

14.03.2 The management contractor has, or has attempted to,

unduly interfere with or influence for its gain or advantage

any decision or process of the Tribal Government relating to

gaming activity; or

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14.03.3 The management contractor has deliberately or substantially

failed to comply with the terms of the management contract

or the provisions of the IGRA, NIGC regulations, the

Compact or this Ordinance.

14.04 Modifying or Voiding Contract

14.04.1 The Commission, after notice and hearing, shall have the

authority to require appropriate contract modifications or may

void any management contract if it subsequently determines

that any of the provisions of this Ordinance have been

violated.

14.04.2 If the Tribe elects to agree contractually to resolve disputes

in a manner other than by revocation of a management

contract, such contractual agreement shall supersede

Section 14.04.1 so long as the agreement provides a

reasonable avenue for the Tribe to insure a contractors

compliance with all other aspects of this Ordinance.

14.05 Conveying Interest in Land No management contract shall transfer or

in any manner convey any interest in land or other real property, unless

specific statutory authority exists and unless clearly specified in writing in

the contract.

14.06 Fee for Costs of Investigation The Commission shall require a

potential contractor to pay a fee to cover the cost of investigation

necessary to reach a determination required by this Title.

14.07 Approval by Tribal Council The Commission shall approve no

management contract unless first reviewed and approved by the Tribal

Council through resolution.

14.08 Submission to NIGC After the Commission has given its approval of a

management contract, the Commission shall submit such contract to the

NIGC for its approval. Any such contract shall not take effect until the

NIGC has approved it.

14.09 Notice to State of Michigan If the Tribe enters into a management

contract for the operation of any class Ill gaming or component thereof,

the State of Michigan shall be given written notice of such contract.

Section 15. ENFORCEMENT

15.01 Jurisdiction Except as provided in this Ordinance and in any Compact,

the Tribal Court shall have jurisdiction over all violations of this Ordinance.

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15.02 Prohibited Acts In addition to other civil and criminal offenses provided

for in this Ordinance, the following acts are prohibited and subject any

violator to the civil remedies or criminal penalties specified herein:

15.02.1 Participating in any on-reservation gaming not authorized by

this Ordinance.

15.02.2 Knowingly making a false statement in an application for a

license with the Director or with the Commission.

15.02.3 Knowingly making a false statement in connection with any

contract to participate in any gaming.

15.02.4 Attempting to bribe any person participating in any gaming.

15.02.5 Offering or accepting a loan, financing or other thing of value

between a Commission member or employee and any

person participating in any gaming.

15.02.6 Promoting or participating in any illegal gaming.

15.02.7 Failing to keep sufficient books and records to substantiate

receipts, disbursements and expenses incurred or paid from

any gaming authorized pursuant to this Ordinance.

15.02.8 Falsifying any books or records that relate to any transaction

connected with any gaming pursuant to this Ordinance.

15.02.9 Conducting or participating in any gaming which in any

manner results in cheating or misrepresentation, and which

allows any other disreputable tactics which detract from the

fair nature and equal chance of participation between

gaming players, or which otherwise creates an advantage

over and above the chance of such gaming activity which

affects its outcome.

15.02.10 To conduct gaming with or to allow participation in gaming

by or with an intoxicated or disorderly player.

15.02.11 To allow or participate in the sale of liquor at gaming facilities

when such sale is prohibited by Tribal law.

15.02.12 To accept consideration other than money, personal checks

or other approved consideration for the chance to play or

participate in any gaming.

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15.02.13 To use bogus or counterfeit chips or charitable gaming

tickets, or to substitute or use any cards, charitable gaming

tickets or gaming equipment that has been marked or

tampered with.

15.02.14 To employ or possess any cheating device or to facilitate

cheating in any gaming.

15.02.15 To willfully use any fraudulent scheme or technique to

change the odds of any game of chance.

15.02.16 To solicit, directly or indirectly, or use inside information on

the nature or status of any gaming for the benefit of an

individual.

15.02.17 To tamper with a gaming device or attempt to conspire to

manipulate the outcome or the payoff of a gaming device, or

otherwise unlawfully tamper with or interfere with the proper

functioning of the machine.

15.02.18 To alter or counterfeit a gaming license.

15.02.19 To aid, abet, or conspire with another person knowingly or

knowingly to cause any person to violate any provision of

this Ordinance or any rules and regulations adopted

hereunder.

15.02.20 To operate, use or make available to the public any illegal

gaming device, apparatus, material, or equipment.

15.02.21 To sell, hold out for sale or transport into or out of the

jurisdiction of the Tribe any illegal gaming device, apparatus,

material, or equipment.

15.02.22 To assist or allow a person who is under age to participate in

a game of chance.

15.02.23 To possess any illegal narcotics or controlled substances in

any licensed gaming facility.

15.02.24 To steal or attempt to steal funds or other items of value

from any gaming operation or from the Commission.

15.02.25 To employ any person at a licensed gaming operation whom

the operator knows has been convicted of a gaming crime or

a crime of fraud.

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15.02.26 To conspire with or induce any person to violate any of the

provisions of this Ordinance or any tribal or federal law.

15.02.27 No gaming operation or any gaming operation employees or

agents shall engage in any act, practice, or course of

operation which could result in a fraud or deceit upon any

person.

15.02.28 No gaming operation shall employ any person who has been

convicted of or entered a plea of nob contendere to a

criminal offense committed in Michigan or any other

jurisdiction, involving theft, fraud, or misrepresentation,

which would be a felony if committed in Michigan, and which

was committed as an adult or prosecuted as an adult

offense, and which has not been effectively removed from

the persons criminal record by executive pardon, state court

order, or operation of law; or to a gaming crime.

15.03 Criminal Violation Any Indian who violates or fails to comply with any

provision of this Ordinance, or who fails or neglects to comply with any

order or decision of the Director or the Commission, shall be guilty of a

crime and may be required to pay a fine not to exceed $5,000 or be

incarcerated for a period not to exceed 1 year. Each day during which any

such violation or failure to comply continues shall constitute a separate

violation of this Ordinance.

15.04 Civil Violation Any non-Indian who violates or fails to comply with any

provision of this Ordinance, or who fails or neglects to comply with any

order of the Director or the Commission, shall be liable for a civil fine not

to exceed $5,000 for each violation thereof. Each day during which any

such violation or failure to comply continues shall constitute a separate

violation of this Ordinance. The amount of any such civil fine may be

recovered in a civil action in the Tribal Court.

15.05 Cumulative Fines All civil fines accruing under this Ordinance shall be

cumulative and a suit for the recovery of one fine shall not bar or affect the

recovery of any other fine, or judgment, penalty, forfeiture or damages, nor

bar the power of the Tribal Court to punish for contempt, nor bar any

criminal prosecution against any officer, director, agent, or employee of

any operator, or any other person.

15.06 Purpose of Civil Fines The civil fines imposed under this Ordinance are

intended to be remedial and not punitive and are designed to compensate

the Tribe for the damage done to the peace, security, economy and

general welfare of the Tribe and the Reservation and to compensate the

Tribe for costs incurred by the Tribe in enforcing this Ordinance. The civil

56
fines under this Ordinance are also intended to coerce nil people mto

complying with this Ordinance and Commission regulations. The dvii

fines are not to punish such people for violation of such laws and

regulations.

15.07 ~Ml Actiçin for ~ in enforcing the civil infraction provisions of this

Ordinance, the Commiss~ori shall proceed. In the name of the Tithe,

against a person for violation of such provision by civil complaint pursUant

to the provisions of this Ordinance. The Commission in such action shalt

have the burden of showing, by the preponderance of the evidence, that

such person violated the applicable provision of this Ordinance.

SectIon 16. INTERPRETATION

16.01 The provisions of this Ordinance, being necessary for the benefit of the

Tribe arid Its members, shall be liberally oonstnJed to implement the

purposes and objectives thereof.

SectIon 17. PESIGNATED AGENT FOI~ SERVICE Of PRoc~E~s. The designated

agent for service of process is as follows:

Mr. Conly J. Schulte

Monteau & Peebles, LLP

12100W. Canter Rd., #202

Omaha, NE 68144

402-3334053-Phone

402-333-4761 -Fax

CERT1FIC~TION OF ADQJilON

This Ordinance was adopted by the Tribal Council of the Match-E-Be-Naah-She

Wish Band of Pottawatoml Indians of Michigan at Its regular meeting held on

oq,~ at which a quorum was present, by a vote of ___

in

favor, Q opposed, 0 ,.and~ 1 ~abstentions

Date: ~ / ~ C3 ____________

Chairm

Date:_________ ________ Attesi~

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