Rhonda R. Swaney 

Chairwoman 

Confederated Salish and Kootenai 

Tribes of the Flathead Nation 

P.O. Box 278 

Pablo, MT 59855 

Dear Chairwoman Swaney: 

This letter responds to your request to the National Indian 

Gaming Commission (NIGC) for review and approval of your Tribal 

Gaming Ordinance, Ordinance #92(d), adopted on May 6, 1997, by 

the Confederated Salish and Kootenai Tribes of the Flathead 

Nation (Tribe). This letter constitutes such approval under the 

Indian Gaming Regulatory Act (XGRA). 

Under the IGRA and the regulations of the NIGC, the Chairman 

is directed to review ordinances with respect to the requirements 

of the IGRA and the implementing regulations. Thus, the scope of 

the Chairman's review and approval is limited to the requirements 

of the IGRA and the NIGC regulations. Provisions other than 

those required under the IGRA or the NIGC regulations that may be 

included in a tribal ordinance are not subject to review and 

approval. Also, such approval does not constitute approval of 

specific games. It is important to note that the "gaming 

ordinance is approved for gaming only on Indian lands as defined 

in the IGRA. 

With the Chairman's approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management of Pi.(: ial pursuant to 25 C. F. R. 

5 556.5(b). 

---- 1441 L STREET, N.W. 9TH FLOOR WASHINGTON, ll.C.20005 TEL.: 202-632-7003 FAX: 2i.P-632-7066 - 
Thank you for submitting the Tribal Gaming Ordinance of the 

Confederated Salish and Kootenai Tribes of the Flathead Nation 

for review and approval. The NIGC staff and I look forward to 

working with you and the Tribe in implementing the IGRA. 

Sincerely yours, 

'I'om Foley 

Vice Chairman 
BE IT ENACTED BY THE COUNCIL OF THE 

CONFEDERATED 

SALISH AND KOOTENAI TRIBES 

OF THE 

FLATHEAD RESERVATION 

TRIBAL 

GAMING 

ORDINANCE 

ORDINANCE #92 (d) 
TABLE OF CONTENTS 

Definitions ................................................................ 1 

Applicant .................................................................. 1 

Application ................................................................... 1 

Chairman .................................................................. 1 

Commission .................................................................. 2 

Commissioner ................................................................ 2 

Compact .................................................................. 3 

CouncilorTribalCouncil ....................................................... 3 

ExecutiveDirector ............................................................. 3 

Fiscal Year .................................................................. 3 

Gaming .................................................................. 3 

GamingDevice .............................................................. 3 

GamingDeviceSupplier ........................................................ 2 

Gaming Establishment .......................................................... 3 

Gamingoperation ............................................................. 3 

Key Employee ................................................................ 4 

License .................................................................. 5 

Licensee .................................................................. 5 

Managementcontract .......................................................... 5 

ManagementEntity ............................................................ 5 

Management Fee .............................................................. 6 . 

NetRevenue ................................................................. 6 

NIGC .................................................................. 6 

OperatingExpense ............................................................. 6 

Ordinance .................................................................. 6 

Patron .................................................................. 6 

Person .................................................................. 6 

Primary Management Officials ................................................... 6 

Reservation .................................................................. 6 

Rules .................................................................. 7 

Secretary .................................................................. 7 

Traditional forms of Indian Gaming ............................................... 7 

TribeandTribal ............................................................... 7 
Chapter I . Purpose. Public Policy. Applicability and Authorizations 

1.01ShortTitle ............................................................... 7 

1.02Purpose ................................................................. 7 

1.03PublicPolicy ............................................................. 7 

1.04 Class I Gaming Authorized .................................................. 8 

1.05 Class I1 Gaming Authorized .................................................. 8 

1.06 Class I11 Gaming Authorized ................................................. 8 

1.07LocationofGaming ........................................................ 8 

1.08TribalShareofRevenue .................................................... 8 

1.09UseofGamingRevenue .................................................... 8 

1.10 Unauthorized Gaming ...................................................... 8 

1.11ConductofGames ......................................................... 8 

1.12 Applicability of Ordinance ................................................... 9 

Chapter 11: Establishment. Administration and Powers of Commission 

2.0 1 Establishment of Commission ............................................... 9 

2.02 Removal from Commission .................................................. 9 

2.03 Independence of Commission ................................................ 9 

2.04 Licensing of Commissioners ................................................. 9 

2.05 Restrictions on Commissioners .............................................. 10 

2.06 No Financial Interest in Gaming ............................................. 10 

2.07 Compensation of Commissioners ............................................ I0 

2.08 Commission Meetings ..................................................... 10 

2.09 Commission Offices ....................................................... 11 

2.1OQuorum ................................................................ 11 

2.1 1 Organization of commission ................................................ 11 

2.12 Commission Record-keeping ................................................ 11 

2.13Reports ................................................................. 12 

2.14Budget ................................................................. 12 

2.15Powers ................................................................. 13 

2.16 Promulgation of Gaming Rules .............................................. 15 

2.17 Promulgation of Auditing and Internal Control Rules ............................. 15 

Chapter 111: Executive Director 

3.01 Qualifications ............................................................ 15 

3.02 Authority of Executive Director ............................................. 16 

3.03 Files and Records to be Maintained by the Executive Director 
Confidentiality of Information ............................................... 16 

3.04 Removal of Executive Director from Office .................................... 17 

Chapter IV: Class I Gaming 

4.0 1 Class I Generally .......................................................... 17 

Chapter V . Class I1 Gaminp 

5.0 1 Licensing and Regulation of Non-Tribal Gaming ................................ 18 

Chapter VI . Licenses. Applications and License Procedures 

6.0 1 Gaming License Required .................................................. 19 

6.02 Standard of License ....................................................... 20 

6.03 Application for License .................................................... 20 

6.04 Required Application Forms ................................................ 22 

6.05 Fingerprint Cards Required ................................................. 23 

6.06 Withdrawal of Application ................................................. 23 

6.07 Continuing Duty to Provide Information ....................................... 23 

6.08 Term of License, Parameters of License. Fees .................................. 23 

6.09 Conditions of License ..................................................... 24 

6.10 Facility License .......................................................... 25 

6.1 1 Certification of Gaming Devises ............................................. 25 

6.12 Provisional license ....................................................... 25 

6.13 Provisions Employment Pending Issuance of License and During 

Temporary License Period ................................................. 26 

6.14 Assignment or Transfer .................................................... 26 

Chapter VII . Background Investigations and License Decisions 

7.0 1 Required Background Investigations .......................................... 26 

7.02 Standards for Background Investigations ...................................... 27 

7.03 Information Required for Background Investigations ............................. 27 

7.04 Completion of Investigations ................................................ 28 

7.05 ....................................................... Issuance of License 28 

7.06 Denial of License Application ............................................... 29 

7.07 Cancellation of Suspension ................................................. 29 

7.08 Eligibility Determination and Procedures of Forwarding Applications and Reports for 

Key Employees and Primary Management Officials to National 

Indian Gaming Commission ................................................ 30 

7.09 Granting of Gaming License ................................................ 31 

7.10 License Revocation and Suspension Following Receipt 

ofInfomationfiomNIGC .................................................. 31 
7.1 1 Show Cause Hearing for Manager and Primary Management Officials ............... 32 

Chapter VIII Rules of Procedure for Hearings 

8.01 Scope of Rules of Procedures ............................................... 32 

8.02 Hearings .............................................................. 32 

8.03NoticeofHearing ........................................................ 33 

8.04 Ex Parte Communications .................................................. 33 

8.05 Appearance through Counsel ............................................... 34 

8.06 Discovery Procedures for Enforcement Hearings ................................ 34 

8.07 Confidential Materials ..................................................... 35 

8.08Subpoenas .............................................................. 36 

8.09HearingProcedures ....................................................... 36 

8.10Evidence .............................................................. 37 

8.1 1 Determinations by the Commission ........................................... 38 

8.12Sanctions .............................................................. 39 

Chapter IX . Appeals 

9.0 1 Right of Appeal; Appeals Procedures ........................................ 39 

9.02 Sovereign Immunity of the Commission ...................................... 40 

9.03 Limited Waiver of Sovereign Immunity of the Commission ........................ 40 

Chapter X . Auditing and Internal Controls 

10.0 1 Minimum Procedures for Control of Internal Fiscal Affairs ....................... 40 

10.02 Oversight of Internal Fiscal Affairs .......................................... 41 

10.03ConductofAudit ........................................................ 41 

10.04 Prohibition Against Embezzlement .......................................... 42 

10.05Non.Compliance ........................................................ 42 

Chapter XI . Exclusion or Rejection of Individuals 

1 1.0 1 Prohibition Against Certain Individuals ...................................... 42 

11.02RighttoExcludeorRemove ............................................... 42 

Chapter XI1 . Prohibited Acts 

12.01 Prohibited Acts .......................................................... 43 

12.02 Prohibition Against Electronic Aids ......................................... 44 
. Chapter XI11 . National Indian Gaming Commission and Compact 

1 3.0 1 National Indian Gaming Commission . Regulations ............................ 45 

13.02 National Indian Gaming Commission . Assessment ............................ 45 

13.03 Compact with the State of Montana .......................................... 45 

Chapter XIV . General Requirements 

14.01 Security and Surveillance .................................................. 45 

14.02 Compliance with Environmental and Other Laws ............................... 45 

14.03Arnendments ........................................................... 45 

14.04Severability ........................................................ 46 

14.05WordsandTerms ........................................................ 46 

14.06Repeal ........................................................ 46 

14.07 Unclaimed Winnings ..................................................... 46 

14.08PatronDisputes ......................................................... 46 

14.09 Patron Rights Regarding Disputes ........................................... 47 

14.10 Gaming Commission Action on Patron Disputes ............................... 47 

14.1 1 Agent for Service of Process ............................................... 47 

14.12 Consent to Jurisdiction ................................................... 47 

14.13 Comity and Concurrent Jurisdiction ......................................... 47 

14.14 Other Powers of Commission .............................................. 47 

14.15 Enforcement Provisions ................................................... 48 
CONFEDERATED SALISH AND KOOTENAI TRIBES 

TRIBAL GAMING ORDINANCE 

Definitions 

Definitions. Unless a different meaning is set forth below, the terms used in this Ordinance shall 

have the same meaning as defined in the Indian Gaming Regulatory Act, Public Law 100497, 102 

Stat. 2467 (Oct. 17, 1988), 25 U.S.C. 2701, et seq. ("IGRA"). 

"Applicant" means any person, partnership, corporation, joint venture or other entity applying for, or 

requesting renewal of, any License described in or required by this Ordinance. 

"Applicatio~" means a request for the issuance or renewal of a License described in or required by 

this Ordinance. 

"Chairmaq" means the Chairman of the National Indian Gaming Commission or his or her designee. 

"Class I Gaming" means 

a. Social games played solely for prizes of minimal value; or 

b. Traditional forms of Indian gaming engaged in by individuals as a part of, or 

in connection with, tribal ceremonies, or celebrations. 

"Class I1 Gaming" means, 

(a) Bingo or lotto (whether or not electronic, computer, or other technologic aids are used) 

when players: 

(1) Play for prizes with cards bearing numbers or other designations; 

(2) Cover numbers or designations when object, similarly numbered or designated, are 

drawn or electronically determined; and 

(3) Win the game by being the first person to cover a designated pattern on such cards; 

(b) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars, instant 

bingo, and other games similar to bingo; 

(c) Non-banking card games that: 

(I) State law explicitly authorizes, or does not explicitly prohibit, and are played legally 

anywhere in the state; and 

Page 1 of 50 
(2) Players play in conformity with state laws and regulations concerning hours, periods 

of operation, and limitations on wagers and pot sizes; 

(d) Card games played in the states of Michigan, North Dakota, South Dakota, or 

Washington if: 

(1) An Indian tribe actually operates the same card games as played on or before May 1, 

1988, as determined by the Chairman; and 

(2) The pot and wager limits remain the same as on or before May 1, 1988, as 

determined by the Chairman; and 

(e) Individually owned class I1 gaming operations- 

(1) That were operating on September 1, 1986; 

(2) That meet the requirements of 25 U.S.C. 27 1 O(b)(4)(B); 

(3) Where the nature and scope of the game remains as it was on October 17, 1988. 

(4) Where the ownership interest or interests are the same as on October 17, 1988. 

"Class 111 Gami~" means all forms of gaming that are not class I gaming or class I1 gaming, 

including but not limited to: 

(a) Any house banking game, including but not limited to- 

(1) Card games such as baccarat, chemin de fer, blackjack (21), and 

pai gow (if played as house banking games); 

(2) Casino games such as roulette, craps, and keno; 

(b) Any slot machines as defined in 15 U.S.C. 1 1 17(a)(l) and electronic or 

electromechanical facsimiles of any game of chance; 

(c) Any sports betting and parimutuel wagering including but not limited to 

wagering on horse racing, dog racing or jai alai; or 

(d) Lotteries. 

. . "Cornm~ss~on" means the Confederated Salish and Kootenai (CS&K) Tribal Gaming 

Commission. 

I1 mmissioner" means an individual member of the (CS&K) Tribal Gaming Commission. 

Page 2 of 50 
"Com~act" means the "Tribal State Compact including all renewals, amendments, 

appendices, exhibits and other attachments thereto between the Confederated Salish and Kootenai 

Tribes and the State of Montana providing for the Conduct of Tribal Class I11 Gaming by the 

Confederated Salish and Kootenai Tribes of the Flathead Reservation," entered pursuant to 25 U.S.C. 

$27 1 O(d). 

"Council" or "Tribal Council" means the Tribal Council of the Confederated Salish and 

Kootenai Tribes of the Flathead Reservation. 

"Executive Director" The Chief Administrative offices assigned to aide the Commission in 

the administration of the duties and responsibilities created by this Ordinance. 

"Fiscal Yew" means the period beginning at 12:Ol a.m. on October 1 of each year and ending 

at midnight, September 30 of the following year. 

"Gaming" means any Class I1 Gaming or Class I11 Gaming activity, either individually or 

collectively, whether authorized or unauthorized. 

II aming Device" means any equipment or mechanical, electromechanical or electronic 

contrivance, component or machine, used remotely or directly in connection with any Gaming which 

affects the result of a wager by determining or predicting the outcome of such game or the odds of 

winning or losing such game. The term shall be broadly construed to promote the purposes of this 

Ordinance and shall also include any devices, machines, components or contrivances which do or are 

capable of affecting, in any way, the playing of any Gaming. 

"Gaming Device Supplie~" means any Person who manufactures, sells, leases, distributes, 

supplies or makes modifications to, any Gaming Device of the Tribe and all Persons holding any 

device or indirect financial interest in such Gaming Device Supplier. 

"Gaming Establishmean means any premises where Gaming is operated or conducted on the 

Tribe's Reservation, and includes all buildings, improvements, appurtenances, equipment and 

facilities used or maintained in connection with such gaming. 

"Gaming Operation" means each economic entity that is licensed by a tribe, operates the 

games, receives the revenues, issues the prizes, and pays the expenses. A gaming operation may be 

operated by a tribe directly; by a management contractor; or, under certain conditions, by another 

person or other entity. 

"Gross Revenue" means the total of all of the following, less the total of all cash paid out as 

losses to patrons and any items made deductible as losses by calculation of Gross Revenues: 

(i) cash received as winnings; 

(ii) compensation received for conducting any game in which the licensee is 

not a part to a wager. 

Page 3 of 50 
For the purposes of this definition, cash or the value of noncash prizes awarded to patrons in 

a contest or tournament are not losses. 

The term does not include: 

(i) counterfeit money or tokens; 

(ii) coins of other countries which are received in gaming devices or gaming 

devises; 

(iii) cash taken in fraudulent acts perpetrated against a licensee for which the 

licensee is not reimbursed; 

(iv) cash received as entry fees for contests or tournaments in which the 

patrons compete for prizes. 

Calculation of Gross Revenues. Certain expenses not deductible. 

(1) In calculating gross revenue, any prizes, premiums, drawings, benefits or 

tickets which are redeemable for money or merchandise or other promotional 

allowance, except money or tokens paid at face value directly to a patron as 

the result of a specific wager and the amount of cash paid to purchase an 

annuity to fund winnings must not be deducted as losses from winnings. 

(2) In calculating gross revenue fiom gaming devices, the actual cost to the 

licensee of any personal property distributed to a patron as the result of a 

legitimate wager may be deducted as a loss, but not travel expenses, food, 

refreshments, lodging or services. For the purposes of this section, "as the 

result of a legitimate wagers means that the patron must make a wager prior to 

receiving the personal property, regardless of whether the receipt of the 

personal property is dependent on the outcome of the wager. 

"gev Ern~love~" means: 

(a) a person who performs one or more of the following fbnctions 

(1) bingo caller 

(2) counting room supervisor 

(3) chief of security 

(4) custodian of gaming supplies or cash 

(5) floor manager 

(6) pit boss 

(7) dealer 

(8) croupier 

(9) custodian of gambling terminals or other devices operated by the 

Page 4 of 50 
management of any Gaming Operation, including persons with access to cash 

and accounting records for such devices; 

(b) if not otherwise included, any other person whose total cash compensation 

from employment in any Gaming Operation exceeds $50,000 per year; 

(c) if not otherwise included, the four most highly compensated persons in any 

Gaming Operation; or 

(d) any other employee of any Gaming Operation that the Commission designates 

by its Rules as a Key Employee. 

"License" means any authorization granted by the Commission, pursuant to this Ordinance, to 

any Person which is required for such Person to perform certain acts or engage in certain activities. 

The issuance of a License shall not create a property or liberty interest in such License for the benefit 

of the Licensee. 

"Licensee" means any Person who has been issued a valid and current License pursuant to the 

provisions of this Ordinance. 

"Management Contract" means any contract, agreement or other document, including all 

collateral agreements, establishing a relationship between the Tribal government and any Person, 

pursuant to which such Person has managerial responsibilities in or for any Gaming Operation. 

I' anaeement Entity" or "Controlling Shareholder" means: 

(a) any Person having a direct financial interest in any Management Contract, 

including those Persons who own five (5) percent or more of any Management 

Entity's outstanding capital stock; 

(b) when a trust is a party to a Management Contract, any beneficiary or trustee of 

such trust; 

(c) when a partnership is a party to a Management Contract, any partner, general 

or limited, in such partnership; 

(d) when a corporation is a party to a Management Contract, any Person who is an 

officer or director of such corporation, or who holds five (5) percent or more 

of the issued and outstanding capital stock of such corporation either alone or 

in combination with a spouse, parent, child or sibling; or 

(e) with respect to any non-natural Person with an interest in a trust, partnership 

or corporation that has an interest in a Management Contract, all beneficiaries, 

trustees, partners, or directors of, and five (5) percent stockholders of, such 

non-natural Person. 

Page 5 of 50 
II wszernent Fee'' means any monies paid from Gaming revenue to any Person pursuant to 

an NIGC approved contract to operate a Gaming Establishment. Such term shall not include monies 

paid for the operating expenses of such Gaming Establishment. 

"Net Revenue" means gross gaming revenues of an Indian gaming operation less- 

(a) Amounts paid out as, or paid for, prizes; and 

(b) Total gaming-related operating expenses, excluding management fees. 

"NIGC" means the National Indian Gaming Commission. 

"Operating. Expense" means any expense incurred in the operation of Gaming that is 

specifically designated as an Operating Expense in any Management Contract or which by operation 

of Generally Accepted Accounting Principles, consistently applied, is so treated. 

"Ordinanc~" means this Tribal Gaming Ordinance of the Confederated Salish and Kootenai 

Tribes, as amended from time to time, and any Rules promulgated hereunder. 

"Patro_xr" means any Person who participates in Gaming, or who is physically present on 

premises wherein or whereon Gaming is conducted. 

"Person" means any association, partnership, corporation, firm, trust or other form of 

business association or entity, as well as a natural person. 

"Primary Management Ofici&" means: 

(a) the Person(s) having management responsibility over all or any part of any 

Gaming Operation; 

(b) any Person who has authority; 

(i) to hire and fire employees of a Gaming Operation, or 

(ii) to establish working policy for a Gaming Operation; 

(c) the chief financial officer or other Person who has financial management 

responsibility for any Gaming Operation; 

(d) any Person who is considered a Controlling Shareholder; 

(e) any Person the Commission designated by Commission Rules as a Primary 

Management Official. 

"Reservationnthe term "reservation" means the Flathead Indian Reservation as established by 

Page 6 of 50 
the Treaty of Hell Gate, 12 Stat. 975. 

"Rules" means any Rules governing the conduct of games or the control of internal fiscal 

affairs of Gaming Operations as may be promulgated by the Commission established pursuant to this 

Ordinance. 

"Secretary1' means the Secretary of the United States Department of the Interior. 

"Traditional forms of Indian gamin^" means 

a. Gaming activities such as "stick games," "bone games," "hand games," and 

card games played in conjunction with tribal ceremonies, celebrations, or 

pow-wows. 

b. Games such as horse races, foot races, including those for which purses or 

prizes are awarded, that are played as part of tribal ceremonies, celebrations, 

or pow-wows. This includes raffles and bingo conducted prior to a ceremony, 

celebration, or pow-wow for the purpose of raising funds for the ceremony, 

celebration, or pow-wow. 

"Tribe" means, and "Tribal" shall refer to, the Confederated Salish and Kootenai Tribes of the 

Flathead Reservation. 

CHAPTER I 

PURPOSE, PUBLIC POLICY, APPLICABILITY AND AUTHOFUZATIONS 

Section 1.01 Short Title. This Ordinance shall be known and may be cited as the 

"Confederated Salish and Kootenai Gaming Ordinance." 

Section 1.02 Purpose. The Tribal Council of the Confederated Salish and Kootenai Tribes 

enacts this Ordinance in order to regulate all forms of Gaming on the Reservation. 

Section 1.03 Public Policy. 

(a) All Gaming which is conducted within the Tribe's Reservation and which is 

otherwise authorized by law shall be regulated and licensed pursuant to the 

provisions of this Ordinance. 

(b) The Tribal Council hereby finds, and declares it to be the public policy of the 

Tribe, that: 

(1) Regulation of licensed Gaming is important in order that licensed 

Page 7 of 50 
Gaming is conducted honestly and that Gaming is fiee fiom criminal 

and corruptive elements. 

(2) Public confidence and trust can only be maintained by strict 

regulation of all Persons, locations, practices, associations and 

activities related to the operation of licensed Gaming Establishments 

and the manufacture or distribution of Gaming Devices. 

(3) All Management Entities or Controlling Shareholders, Primary 

Management Officials, Key Employees, Gaming Establishments and 

Suppliers of Gaming Goods and Services must therefore be licensed 

and controlled to protect the public health, safety, morals, good order 

and general welfare of the Tribe. 

Section 1.04 Class I Gaming Authorized, Class I Gaming is hereby authorized to be 

conducted on lands within the Reservation; provided, however, that such Class I Gaming shall be 

conducted only in accordance with the provisions of this Ordinance. 

Section 1.05 Class I1 Gaming Authorized. Class I1 Gaming is hereby authorized to be 

conducted on lands within the Reservation; provided, however, that such Class I1 Gaming shall be 

conducted only in accordance with the provisions of this Ordinance, the Rules, and IGRA. 

Section 1.06 Class I11 Gaming Authorized. Class I11 Gaming is hereby authorized on lands 

within the Reservation; provided, however, that Class I11 Gaming shall be conducted only in 

accordance with the provisions of this Ordinance, the Compact, the Rules, and the IGRA. 

Section 1.07 Location of Gaming. The Commission shall ensure that (i) such Gaming as it 

authorizes and licenses pursuant to this Ordinance is conducted on lands within the Reservation, and 

(ii) such gaming is not otherwise specifically prohibited by Federal law. 

Section 1.08 Tribal Share of Revenue, The Tribe shall receive, at a minimum, not less 

than sixty (60) percent of the Net Revenues from any Gaming Operation. 

Section 1.09 Use of Gaming. Revenue. Net Revenues received by the Tribe fiom any form 

of Gaming authorized under this Ordinance shall be used only for the following purposes: to find 

Tribal government operations and programs; to provide for the general welfare of the Tribe and its 

members; to promote Tribal economic development; to make donations to charitable organizations; 

or to help fund operations of local government agencies. 

Section 1.10 Unauthorized Gaming. Any person who commits any act of unauthorized 

Gaming on the Reservation or any other Tribal land shall be guilty of a crime and shall be prosecuted 

in Tribal Court or any other court of competent jurisdiction. 

Section 1. I I Conduct of Gamez. All Gaming shall be conducted by persons duly Licensed 

by the Commission. No Person licensed by the Commission shall engage in, conduct or condone any 

Page 8 of 50 
Gaming that is not conducted in accordance with such Rules governing the conduct of games as may 

be promulgated by the Commission under this Ordinance. 

Section 1 .12 A~plicability of Ordinance. Unless specifically indicated otherwise, all 

provisions of this Ordinance shall apply to both Class I1 Gaming and Class I11 Gaming including, but 

not limited to, all licensing and background investigation procedures. 

CHAPTER I1 

ESTABLISHMENT, ADMINISTRATION AND POWERS OF COMMISSION 

Section 2.01 Establishment of Commission. The CS&K Tribal Gaming Commission 

having been previously established under prior Gaming Ordinances shall continue to consist of three 

(3) enrolled Tribal members. The Commission members currently sewing in those positions shall 

upon ratification of this Ordinance be replaced by three new commission members. All three (3) 

members of the Commission shall be enrolled Tribal members. A Commissioner shall serve for three 

(3) years. Vacancies on the Commission shall be filled within thirty (30) days by nominations and a 

majority vote of the Council. The Tribal Council shall select annually, from the membership of the 

Commission, a Commission Chair. 

Section 2.02 Removal fiom Commission, A Tribal Gaming Commission member may be 

removed from office prior to the end of the Commissioners term by the Tribal Council with or 

without cause and by a majority vote of the Tribal Council. 

Section 2.03 Inde~endence of Commissioq. In all matters within its purview and 

responsibilities, the Commission shall be and shall act independently and autonomously from the 

Tribal Council. No prior or subsequent review by the or Tribal Council of any actions of the 

Commission shall be required or permitted, except as otherwise explicitly provided in this 

Ordinance. 

Section 2.04 Licensing; of Commissioners. Nominees for the position of Commissioner 

must meet the requirements of Chapters 4 and 5 of this Ordinance and must first obtain a License 

from the Council prior to assuming office. A Commissioner shall complete a License Application 

and shall be subject to the same background investigation as a Key Employee under this Ordinance. 

Such background investigation shall be performed at the direction of the Council by a duly appointed 

agent of the Council. Upon completion of the background investigation, the Council shall, by 

majority vote, either (i) issue a License, or (ii) notice the Commissioner for a hearing before the 

Council. All investigations and hearings under this Section shall be conducted as provided in 

Chapter 6 of this Ordinance, except that all hearings shall be conducted by and before the Council. 

(a) Failure to Meet License Requirements or License Violations. If the Tribal 

Council has reason to believe that a Licensed Commissioner fails at any time 

to meet the License requirements under this Ordinance or that the 

Commissioner has violated this Ordinance, the Rules, the Compact, or the 

Page 9 of 50 
IGRA and regulations promulgated thereunder or any other applicable law, 

the Tribal Council shall direct an investigation to be conducted and may 

notice the Commissioner for a hearing before the Council. All investigations 

and hearings under this Section shall be conducted as provided in Chapters 5 

and 6 of this Ordinance and a Commissioner shall have all of the rights and 

obligations given to a Licensee or Applicant therein, except that all hearings 

shall be conducted by and before the Council. 

Section 2.05 Restrictions on Commissioners. No person shall serve on the Commission if 

that: 

(a) person's other employment or responsibilities conflict or could potentially 

conflict with the duties and responsibilities of a member of the Commission; 

(b) person is an employee of the Gaming Operation or the person's other 

employment or responsibilities create an impression or appearance of 

impropriety in the fulfillment of the duties and responsibilities of a member 

of the Commission; or person is a: 

(1) Member or officer of the Tribal Council; or 

(2) Judge in any Tribal Court. 

Section 2.06 Wo Financial Interest in Gaming. No Commissioner shall have any direct or 

indirect financial interest in any Gaming Operation. For purposes of this section, indirect financial 

interest shall not include ownership of any mutual hnds which holds stock in a publicly traded 

company but shall include direct ownership of such stock. No Commissioner may accept gratuities 

or any other thing of value from any Licensee or Applicant. Commissioners may not gamble in any 

Tribal Class I1 or Class I11 Gaming Establishment. 

Section 2.07 Compensation of Commissioners. Commissioners shall be compensated at a 

rate to be established annually by the Council. Commissioners shall be reimbursed for actual 

expenses incurred on Commission business, including necessary travel expenses. 

Section 2.08 Commission Meeting. 

(a) Regular Meetinu. The Commission shall meet quarterly at the Commission's 

main office or at any other designated meeting place. 

(b) Special Meetinm. Special meetings shall be convened by the Commission 

Chair as necessary to carry out the official duties of the Commission. Notice 

of each special meeting shall be given by the Commission Chair by telephone 

or mail to each Commissioner. Notice shall be received at least 24 hours in 

advance of such meeting, and shall include the date, time and place of the 

proposed meeting. 

Page 10 of 50 
(c) Erner~encv Meet-. An emergency meeting may be called by the Chair of 

the Commission with less than 24 hours notice; provided, however, that the 

Chair of the Commission shall use best efforts to assure that all 

Commissioners are notified of such meeting, with as much prior notice as 

possible under the circumstances. 

(d) Meetings Open to the Publi~. All meetings of the Commission shall be open 

to the public; provided, however, the Commission may, in its discretion, 

close any portion of any meeting to the public when discussing any 

information which the Commission deems confidential pursuant to the 

provisions of this Ordinance. 

Section 2.09 Commission Offices. The Commission shall maintain an administrative 

office. Such office shall serve as the Commission's main business office and shall be the site at 

which Commission records and documents are maintained and stored on a permanent basis. No 

individual except a Commissioner or other authorized employee or agent of the Commission may 

possess a key to or may enter any Commission office without the permission of the Commission. No 

person may access such records except a Commissioner, a person duly authorized by the 

Commission or an attorney for the Commission. 

Section 2.10 Ouorum. A quorum of the Commission shall consist of three (3) 

Commissioners. All decisions shall be made by a majority vote of a quorum of the Commission, 

unless indicated otherwise in this Ordinance. 

Section 2.1 1 Or~anization of Commission. The Commission may organize itself into any 

fictional division it deems necessary, and may alter such plan of Organization as it deems 

expedient. 

Section 2.12 Commission Record-Keeping. The Commission shall maintain complete 

records regarding the following: 

(a) Applications, financial statements, fingerprints, contracts, Licenses, 

suspension and cancellation notices and correspondences of all Applicants, 

including Management Entities or Controlling Shareholders, Key Employees, 

Primary Management Officials, Gaming Establishments and Suppliers of 

Gaming Goods and Services; 

(b) Commission Licenses; 

(c) Meeting minutes from all Commission meetings; 

(d) Compact compliances; 

(e) Reports relating to customer disputes, complaints or other issues that affect 

the integrity of the Gaming Operation; 

Page 11 of 50 
(f) Commission budget and expenditures; 

(g) Council communications and correspondences; 

(h) Gaming Device list pursuant to Section 4.1 1 of this Ordinance; and 

(i) Any other records or documents the Commission deems necessary or 

appropriate. 

Section 7.13 Re~orts. The Commission shall make quarterly reports to the Council within 

thirty (30) days after the end of each quarter. Such Reports shall contain the following information: 

(a) number and types of Licenses issued during the previous quarter; 

(b) information regarding License denials, suspensions or revocations; 

(c) report of any events of non-compliance, breach or violations of this 

Ordinance, the Rules, the Compact, IGRA, License or any other law or 

regulation; provided, however, that these reports are not the subject of or 

relating to a pending investigation being conducted by the Commission, or 

hearing before the Commission; 

(d) a report of Commission expenditures for the prior quarter; 

(e) a summary of any Commission travel and training; 

(f) all other information which the Commission deems relevant in order to keep 

the Council informed and current on all Gaming regulatory matters. 

Nothing in this Section shall authorize or permit the Commission to provide the Council with 

any information pertaining to a pending investigation being conducted by the Commission or hearing 

before the Commission. All such information shall be kept confidential. Any willful or careless 

breach of this provision shall present due cause for removal of the person from office and a penalty 

of up to $5,000.00 (FIVE THOUSAND DOLLARS) for each offense. Claims of such disclosure 

shall be presented to the Commission within 60 days of the act complained of, or within 60 days the 

disclosure becomes known, whichever is later. 

Section 2.14 Budget. The Commission shall establish a budget for its operations and 

submit it to the Tribal Council for review and approval. It shall acquire such furnishings, equipment, 

supplies, stationery, books and other items as it deems necessary or desirable to cany out its 

functions, and incur such other expenses, within the limit of funds available to it, as it deems 

necessary. Such Commission budget shall be funded annually through the normal Confederated 

Salish and Kootenai Tribal government administration funding process to operate in conjunction 

with the Tribal fiscal year of October 1 to September 30. Any surplus remaining in the Commission's 

budget at the end of any budget year shall be transferred to the Tribal General fund. 

Page 12 of 50 
Section 2.15 Powe~. The Commission shall: 

1) Exercise all powers necessary to effectuate the purposes of this 

Ordinance and all other powers provided for in this Ordinance; 

2) Promulgate Rules pursuant to this Ordinance, for the operation of 

games and the control of internal fiscal affairs of Gaming Operations 

and the conduct of all business properly brought before the 

Commission; 

3) In all decisions, the Commission shall act to promote and ensure the 

integrity, security, honesty and fairness of the operation and 

administration of all Gaming; 

4) In accordance with this Ordinance, the Commission shall have the 

power and authority to deny any application for License, to limit, 

cancel, revoke, terminate, condition, modify, suspend, or restrict any 

License; 

5) Make findings of suitability; 

6) Impose fines or sanctions for any cause deemed reasonable by the 

Commission upon any Licensee; 

7) Conduct, or cause to be conducted, background investigations on all 

Applicants and Licensees; 

8) Hold administrative licensing hearing pursuant to this Ordinance. 

9) Have the power, upon duly recorded vote, to grant limited waivers of 

the Commission's sovereign immunity status, including the limited 

waiver of sovereign immunity contained in Section 9.02 of this 

Ordinance. 

10) Employ staff in accordance with Ordinance 69B, Tribal Personnel 

Policies and Procedures, or contract for the services of, such 

professional, technical and operational personnel and consultants as 

the execution of the Commission's duties may require. 

11) Use the Tribal Legal Department as its legal counsel to maintain 

consistency and the furtherance of Tribal policy as embodied in this 

Ordinance. 

12) The Commission may on its own initiative investigate any aspect of 

Page 13 of 50 
the operations of a license in order to protect the integrity of such 

gaming activities and to assure compliance with this Ordinance, its 

implementing rules, and other applicable laws or the Compact, and 

shall investigate any report of a failure of the licensee to so comply. 

The Commission may order the licensee to take any corrective action 

deemed necessary by the Commission upon such terms and 

conditions as the Commission may determine appropriate. The 

Commission may compel any person employed by or doing business 

with the licensee to appear before it and to provide such information, 

documents, or other materials as may be in their possession to assist 

in any investigation. 

13) The Commission shall recommend to the Council for adoption a plan 

for the protection of public safety and the physical security of patrons 

in each gaming facility, following consultation with appropriate law 

enforcement agencies and with any security officials of the gaming 

facility. 

14) The Commission shall approve any floor plans and surveillance 

systems required for gaming facilities and, with respect to such plans 

and systems for Class I11 gaming activities, may confer with the 

Montana Gambling Control Division prior to approving same. 

15) The Commission shall establish a list of individuals barred fiom 

licensed gaming facilities because of their criminal history or 

association with career offenders or career offender organizations that 

pose a threat to the integrity of licensed gaming activities. 

16) Enforce any health and safety standards, promulgated by rules, 

applicable to the gaming operation of any Licensee. 

17) The Commission shall enforce any health and safety standards, 

promulgated by rule, applicable to the gaming facilities of any 

licensee. 

18) The Commission shall carry on a continuous study and annually 

report to Tribal Council the investigation of Reservation gaming 

activities for the purposes of: 

(a) ascertaining any defects in or abuses of the provisions of this 

Ordinance, or its implementing regulations, or Standards of 

Operation and Management; 

(b) reporting the social and economic impacts of Reservation 

gaming activity; 

Page 14 of 50 
(c) formulating recommendations for changes in the Ordinance or 

regulations; and 

(d) preventing abuses and evasions of the same. 

(1 9) Conduct or cause to be conducted, the review and approval of investigative 

work. 

(20) Verify or cause to be verified, information submitted by licensee applicants. 

Section 2.16 Promulgation of Garniw Rules. The Commission may promulgate Rules 

governing the conduct of all games authorized by the Compact or IGRA, including Rules governing 

the equipment, (tokens, chips, cards, tiles, etc.), used in such games. The Rules of each authorized 

game offered at any duly licensed Gaming Establishment shall be posted in a conspicuous location in 

such Gaming Establishment. 

Section 2.17 Promul~ation of Auditing and Internal Control Rules. The Commission may 

promulgate Rules governing the control of internal fiscal affairs of Gaming Operations as provided 

in Chapter 8 of this Ordinance. 

CHAPTER 111 

EXECUTIVE DIRECTOR 

Section 3.01 Qualifications of Executive Director. Salary 

(1) The position of Executive Director of the Commission is hereby authorized 

to be created. The Commission shall appoint the Executive Director, and the 

Executive Director shall serve at the will and pleasure of the Commission. 

(2) No-member of the Tribal Council, no person holding any elective office, nor 

any officer or official of any political party is eligible for the appointment of 

Executive Director. 

(3) The Executive Director must have at least five (5) years of responsible 

administrative experience in public or business administration or possess 

broad management skills and at minimum a Bachelors degree in business 

education in a business related field. 

(4) The Executive Director shall devote his or her entire time and attention to the 

duties imposed under this Chapter and the business of the Commission and 

shall not pursue any other business or occupation or hold any other position 

of profit. 

Page 15 of 50 
Section 3.02 

(1) 

Section 3.03 

(1) 

The Executive Director shall not be pecuniarily interested in any businesses 

or company holding a license under this Chapter or doing business with any 

person licensed under this Chapter. 

The Executive Director is entitled to an annual salary in the amount specified 

by the Tribal Council. 

Authority of Executive Director. 

The Executive Director shall furnish to the Commission such administrative 

and clerical services and such furnishings, equipment, supplies, stationery, 

books and all other things that the Commission may deem necessary or 

desirable in carrying out its functions. 

The Executive Director may employ division directors that possess at least 

two (2) years of training and experience in the fields of accounting, 

investigation, law enforcement, law or gaming. 

The Executive Director in pursuit of the attainment of the objectives and the 

purposes of this Chapter may 

(a) Organize and aide administrative actions of the Commission. 

(b) Sue on behalf of the commission. 

(c) Upon approval of the Commission, make, execute and effectuate any 

and all agreements or contracts, including contracts for the purchase 

of good and services as are necessary. 

(d) Upon approval of the Commission, employ the services of such 

person(s) as is considered necessary for purposes of consultation or 

investigation and fix the salaries of or contract for the services of such 

professional, technical and operational personnel and consultants. 

(e) Consult with the Tribal Legal Department for any legal advice, 

counsel, legal work or action necessary on behalf of the Commission 

(f) Perform such other duties which he or she may deem necessary to 

effectuate the purposes of this Chapter. 

Files and Records to be Maintained bv the Executive Director. 

Confidentiality of Informatio~. 

The Executive Director shall maintain a file of all applications for licenses 

under this Ordinance, together with a record of all actions taken with respect 

Page 16 of 50 
to those applications. 

(2) The Commission and Executive Director may maintain such other files or 

records as they deem desirable. 

(3) All information and data: 

(a) Required by the Commission or the Executive Director to be 

finished to them under this Ordinance or which may otherwise be 

obtained relative to the finances, earnings or revenue of any applicant 

or licensee; 

(b) Pertaining to an applicant's criminal record, antecedents and 

background which have been fiunished to or obtained by the 

Commission or the Executive Director from any source; 

(c) Provided to the members of the Commission or the Executive 

Director of his employees by a governmental agency or an informer or 

on the assurances that the information will be held in confidence and 

treated as confidential; or 

(d) Obtained by the Executive Director or the Commission from a 

supplier relating to the manufacturing of gaming devices or gaming 

goods; 

are confidential and may be revealed in whole or in part only in the course of 

the necessary administration of this Ordinance or upon the lawfUl order of a 

court of competent jurisdiction. 

Section 3.04 Removal of Executive Director from Office. 

The Executive Director being hired by the Commission may be removed from office 

by the commission upon a majority vote of the Commission after a showing of cause. 

CHAPTER IV. 

CLASS I GAMING 

Section 4.01 Class 1 Generally, The Commission may inspect the premises where any 

Class I gaming is held, to obtain and review financial information concerning the game, and to 

investigate as necessary to determine whether the activity meets the definition of a Class I game. 

The Tribal Gaming Commission shall make the final determination on whether a particular gaming 

activity in question constitutes Class I gaming within the meaning of this Ordinance and shall consult 

with the tribal cultural committees in making such determination. Class I games may be subject to 

other regulation designed to protect the health and welfare of tribal members. 

Page 17 of 50 
CHAPTER V. 

CLASS I1 GAMING 

Section 5.01 Licensin~ and Regulation of Non-Tribal Gaming, 

(1) No person or entity shall conduct non-tribal gaming within the Flathead 

Reservation without obtaining a license from the Commission. A separate 

license is required for each place, facility, or establishment where gaming 

activity is conducted. Pursuant to 25 U.S.C. 5 2710 (b) (4), the licensing 

requirements shall be at least as restrictive as those established by State law 

governing similar gaming within the jurisdiction of the State, and no 

person(s) or entity shall be eligible to receive a license if such person@) or 

entity would not be eligible to receive a State license to conduct the same 

activity within the jurisdiction of the State. The Commission may, however, 

adopt more stringent licensing requirements and may limit the number of 

licenses issued. Non-tribal gaming for live bingo and those forms of card 

games authorized by State law are authorized by this Ordinance. No other 

form or type of Class I1 non-tribal gaming is authorized on the Flathead 

Reservation. 

(2) No license may be issued to an enrolled member of the Salish and Kootenai 

Tribes, individually or doing business under a fictitious business name, or to 

a partnership in which one or more of the partners is a tribal member; 

provided, however, licenses may be issued to corporations duly established 

under tribal or state law. Such corporations may be owned by one or more 

enrolled members of the Salish and Kootenai Tribes. 

(3) Any license issued shall be subject to such reasonable conditions as the 

Commission may fix, including, but not limited to, the following: 

(a) The licensee shall maintain an orderly, clean, and sanitary 

establishment. 

(b) The licensed premises may be inspected by agents of the Commission 

for the purpose of monitoring and enforcing compliance with license 

terms, and the license shall cooperate at all times with Commission 

agents; 

(c) The licensed premises shall be open to inspection by the Commission 

agents and officials of the National Indian Gaming Commission at all 

times during regular business hours; 

(d) No person who is under the age of eighteen shall participate nor shall 

Page 18 of 50 
be allowed to participate in any manner in the operation of any game; 

(e) The licensee shall agree to accept and abide by all applicable 

provisions of this Ordinance, applicable regulations, and conditions of 

the license; and 

(f) Each licensee shall display its license in a conspicuous location in the 

gaming establishment. 

CHAPTER VI 

LICENSES, APPLICATIONS AND LICENSE PROCEDURES 

Section 6.01 Gaming: License Required. A separate license is required for each place, 

facility, or establishment where gaming activity is conducted. Pursuant to 25 U.S.C. €j 271 0 (b) (4), 

the licensing requirements shall be at least as restrictive as those established by State law governing 

similar gaming within the jurisdiction of the State, and no person(s) or entity shall be eligible to 

receive a license if such person(s) or entity would not be eligible to receive a State license to conduct 

the same activity within the jurisdiction of the State. The Commission may, however, adopt more 

stringent licensing requirements and may limit the number of licenses issued. The Commission is 

hereby authorized to issue all Licenses for the conduct of all Gaming authorized under this 

Ordinance or any other License related to Gaming which the Commission may, by Rule require. 

(a) Persons. The following Persons must obtain Licenses as a precondition to 

employment in or management of any Gaming Operation: 

(1) any Management Entity or Controlling Shareholder. Any Person 

deemed a Controlling Shareholder must comply with the same 

licensing requirements as if such Person were a Primary Management 

Official; however, if any Controlling Shareholder is a non-natural 

person, such Controlling Shareholder shall be subject to Management 

Entity licensing procedures; 

(2) all Primary Management Officials; 

(3) all Key Employees; 

(4) Suppliers of Gaming Goods and Services. Any Person who is a 

Supplier of Gaming Goods and Services must comply with the same 

licensing requirements as if such Person were a Primary Management 

Official; however, if any Supplier is a non-natural person, such 

Supplier shall be subject to Management Entity licensing procedures; 

(5) any other employee or class of employees as determined by 

Page 19 of 50 
Commission Rules, and 

(b) Gaming Establishments. Each place, facility, or location where Gaming is 

conducted must obtain a separate Facility License from the Commission. 

Section 6.02 Standard for License. Licenses issued hereunder shall be issued according to 

requirements at least as stringent as those set forth at 25 C.F.R. parts 556 and 558, and any 

amendments thereto, and also according to requirements at least as stringent as those set forth in the 

Compact. 

Section 6.03 Application for License. No License shall be issued under this Ordinance 

except upon a sworn Application filed with the Commission, in such form as may be prescribed by 

the Commission, containing a full and complete showing, at a minimum, of the following: 

(1) satisfactory proof that the Applicant is of good character and 

reputation, and is financially responsible; 

(2) if applicable, a complete description of the premises at which Gaming 

will be conducted; 

(3) agreement by the Applicant to abide by all conditions of the License, 

this Ordinance, the Rules, the Compact and IGRA; 

(4) a separately sworn statement that the Applicant has never been 

convicted of, or entered a plea of guilty or no contest to, any of the 

following criminal offenses: 

(a) any felony, other than a felony conviction for an offense under 

b, c, or d, within the preceding five (5) years; provided, 

however, that this record limitation to the preceding five (5) 

years shall not apply to any Applicant which is a Management 

Entity or Controlling Shareholder, 

(b) any gaming-related offense, 

(c) fraud, misrepresentation or any other crimes of moral 

turpitude in any context, or 

(d) a violation of any provision of this Ordinance, the Rules, or 

any other ordinance or rules of the Tribe or any state agency 

regulating or prohibiting gaming; and 

(5) the Applicant's fulfillment of all applicable requirements of IGRA, all 

provisions of this Ordinance, including, but not limited to, those in 

Page 20 of 50 
Chapter 7, and the Compact. 

(a) No License shall be issued to any Applicant who is 

determined by the Commission to be a Person whose prior 

activities, criminal record, reputation, habits or 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, or activities in 

the operation of Gaming or the carrying on of the business and 

financial arrangements incidental thereto. 

(b) The issuance of Licenses shall also be subject to the 

provisions of Chapter 7 of this Ordinance regarding 

background investigations. 

(c) The following notices shall be placed on the application form 

for a Key Employee, Management Entity, Primary 

Management Official or Supplier of Gaming Goods and 

Services before such form is completed by an Applicant: 

(i) "compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation of the 

information on this form is authorized by Chapter 25 

U.S.C. 2701 ef 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 Commission, Tribal 

Law Enforcement, the State of Montana, andfor 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 Licensee or a gaming operation. Failure to 

consent to the disclosures indicated in this notice will 

result in a Licensee being unable to hire you in a 

Primary Management Official or Key Employee 

position." 

Page 21 of 50 
(ii) "The disclosure of your Social Security Number (SSN) 

is voluntary. However, failure to supply a SSN may 

result in errors in processing your application." 

(iii) "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 100 I)." 

Section 6.04 Required Ap~lication Forms. 

(a) Each individual applying for a License, whether as a Primary Management 

Official or Key Employee, and any person who is subject to a background 

investigation in connection with an entity application for a License, shall be 

required to complete the following forms: 

(1) Application for Gaming License by Individual, if applicable; 

(2) Personal History Record, with attached Personal Financial 

Questionnaire, including Statement of Assets and Statement of 

Liabilities; 

(3) Two Complete Fingerprint Cards; 

(4) Request to Release Information - Individual; and 

(b) Each individual in subsection (a) of this Section applying for a License 

renewal shall supplement the Personal History Record and shall also be 

required to complete the following forms: 

(1) Application for Gaming License by Individual, if applicable; 

(2) Request to Release Information - Individual 

(c) Each entity, including a Management Entity and Supplier of Gaming Goods 

and Services, applying for a License must complete the following forms: 

(1) Application for Gaming License by Entity; 

(2) Request to Release Information - Entity 

(d) The Commission may request any additional forms or information from an 

Applicant as it deems necessary or appropriate. 

(e) Pursuant to the Compact the Commission shall create an individual file for 

Page 22 of 50 
each applicant which includes the Applicant's Personal History Record and 

all background information compiled by the Commission. 

Section 6.05 Fingerprint Cards Required. All Applicants for a License are required to 

submit fingerprint cards. The Tribal Law Enforcement Division is hereby identified as the 

enforcement agency to take fingerprints. Pursuant to 25 C.F.R. 5 522.2@), the Commission shall 

forward an Applicant's fingerprint cards to the NIGC to be processed by the Federal Bureau of 

Investigation National Criminal Information Center. The Commission may submit an Applicant's 

fingerprint card to any additional tribal, local or state criminal history check system or center as the 

Commission or the Executive Director deem necessary or appropriate. Reports obtained fiom such 

fingerprint processing shall be incorporated into the Applicant's personnel file. 

Section 6.06 Withdrawal of Aaplicatio~. An Application may not be withdrawn without 

the permission of the Commission. An Applicant may request to withdraw an Application by 

submitting to the Commission a written request for withdrawal. The Commission retains the right, in 

its sole discretion, to grant or deny a request for withdrawal. 

Section 6.07 Continuing Dutv to Provide Informatiorl. Applicants and Licensees shall have 

a continuing duty to provide any materials, assistance or other information required by the 

Commission, and to hlly cooperate in any investigation conducted by or on behalf of the 

Commission. If any information provided on the Application changes or becomes inaccurate in any 

way, the Applicant or Licensee shall promptly notify the Commission or Executive Director of such 

changes or inaccuracies. 

Section 6.08 Term of License. Parameters of License. Fees. 

(a) Licenses, except Provisional Licenses (See 5 6.12 Provisional License), shall 

be for a term of one year, expiring on the last day of the Tribal fiscal year 

(September 3 0"'). 

(b) In order for the Tribe to recover the costs of complying with federal, Tribal, 

and state regulatory processes applicable to Class I1 Gaming and Class I11 

Gaming, annual License fees shall be imposed: 

(1) each Class I11 gaming facility license shall be charged an annual 

licensee fee of $200.00 per class 111 gaming device located in such 

facility; 

(2) each application for Class I1 licenses shall be accompanied by an 

administrative fee in an amount of Fifty and no/100 dollars ($50.00). 

(3) each employment license application shall be accompanied with an 

application fee of $100.00. 

Page 23 of 50 
(4) a facility license application shall be accompanied with an application 

fee of $100.00 

(5) the amount of $7,500 annually on each, other than the Tribe, to a 

Management Contract; 

(6) on any Person(s) required to obtain a License, in accordance with a 

fee schedule to be established by the Commission and approved by 

the Tribal Council; and 

in addition to the License fees imposed pursuant to subsection (b) 

(1)-(5) of this Section, the Commission may impose such fees on 

Licensees as are reasonably related to costs of enforcement, including 

investigations and proceedings before the Commission, and which 

will in the aggregate be sufficient to enable the Tribe and the 

Commission to recover its reasonable costs of enforcing this 

Ordinance. Such costs may be estimated by the Commission and 

imposed prior to a final Commission action regarding a particular 

Licensee or Applicant. Such fees shall be subject to the approval of 

the Tribal Council. 

(c) Violations of any provision of this Ordinance or the Rules, or relevant 

License provision(s), by a Licensee shall be deemed contrary to the public 

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

inhabitants of the Reservation, and shall be deemed grounds for refusing to 

grant or renew a License, suspension or revocation of a License. Acceptance 

of a License, or renewal thereof by a Licensee, constitutes an agreement on 

the part of the Licensee to be bound by the provisions of this Ordinance and 

the Rules as they are now, or as they may hereafter be amended or restated, 

and to cooperate fully with the Commission. It is the responsibility of the 

Licensee to remain informed of the contents of this Ordinance, the Rules and 

all other applicable regulations, amendments, provisions, and conditions, and 

ignorance thereof will not excuse violations. A license issued hereunder is a 

privilege license and no right shall attach thereto. 

Section 6.09 Conditions of License. All Licensees shall comply with such reasonable 

conditions as may be fixed by the Commission, including but not limited to the following conditions: 

(a) Facility Licensees- 

(1) the Licensee shall at all times maintain an orderly, clean and neat 

Gaming Establishment, both inside and outside the premises of the 

Gaming Establishment; 

(2) the Gaming Establishment shall be subject to patrol by the Tribe's 

Page 24 of 50 
security and law enforcement personnel and, when authorized, local 

and state law enforcement, and the Licensee shall cooperate at all 

times with such security and law enforcement officials; 

(3) the Gaming Establishment shall be open to inspection by authorized 

Tribal officials at all times during business hours; 

(4) there shall be no discrimination in any Gaming Operations by reason 

of race, color, sex or creed; provided, however, that nothing herein 

shall prevent the Licensee from granting preferences in employment 

to Native Americans as permitted by law; and 

(b) Persons, Management Entities and Suppliers of Gaming Goods and Services 

licensed by the Commission shall comply with such conditions of the License 

as the Commission, in its reasonable discretion, may require. 

Section 6. I0 Facility License. The Commission may issue an annual Facility License to a 

Gaming Establishment, if the Gaming Establishment: 

(a) is a sound physical structure with adequate and safe plumbing, electrical, 

heating, cooling and ventilation systems in place and operational; 

(b) has been inspected and approved for safety by a building and fire inspector 

designated by the Commission; 

(c) is adequate in all respects to accommodate the Gaming intended to be carried 

on within the structure; 

(d) is equipped with security and surveillance equipment meeting or exceeding 

provisions set forth in regulations established by the Commission; 

(e) meets all requirements of applicable federal, tribal and state law; and 

(f) has paid all applicable License fees and costs. 

Section 6.1 1 Certification of Gamine Devices. All Gaming Devices purchased, leased or 

otherwise acquired by the Tribe must, pursuant to Section VI of the Compact, meet the technical 

equipment standards set forth therein. The Commission shall maintain a complete list of all Gaming 

Devices (whether or not such devices are in use) located at any Gaming Establishment. 

Section 6.12 Provisional License, The Commission may issue Provisional Licenses 

pending the satisfactory completion of all background investigations and other requirements of this 

Ordinance, IGRA, or the Compact, and, if applicable, pending expiration of the thirty (30) day NIGC 

review period provided for at 25 C.F.R. part 558. In no event shall a Provisional License be valid for 

greater than ninety (90) days, subject to the issuance of another Provisional license if such 

Page 25 of 50 
background investigations are not completed so long as no information to date has been received 

which would otherwise disqualifL the applicant for a License. 

Section 6.13 Provisional Emplovment Pending Issuance of License and Durine Temporary 

License Period. As provided in Section 6.12, Primary Management Officials and Key Employees 

may be employed in Gaming Operations prior to the issuance of a License hereunder and during the 

period that a License shall be effective on a provisional basis, but such employment shall be 

provisional only and subject to the requirements of this Section. Employment may begin prior to 

issuance of a License only if the Commission has made a preliminary finding of eligibility for 

employment in Gaming Operations, which shall require a preliminary determination that the Primary 

Management Official or Key Employee in question is not a person whose prior activities, criminal 

record or reputation, habits or 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, or activities in the operation of Gaming or the carrying on of the business and 

financial arrangements incidental thereto. Provisional employment shall be terminated upon the 

occurrence of any of the following: 

(a) denial of a relevant License by the Commission; 

(b) unsatisfactory completion of a background investigation or NIGC review 

resulting in nullification of a provisional License, as described in Section 

7.10; or 

(c) to the extent required under 25 C.F.R. part 558 and, at the end of thirty (30) 

days after the starting date of provisional employment, if at the end of such 

period no License has been issued hereunder or if a License issued hereunder 

remains effective only on a provisional basis, as provided in Section 6.12; 

provided, however, that provisional employees terminated for the reason 

described in this subsection shall be qualified for reemployment upon the 

satisfactory completion of background investigations and NIGC reviews. 

Section 6.14 Assignment or Transfer. No License issued under this Ordinance may be 

assigned or transferred unless the proposed assignee or transferee would independently be qualified 

to hold the License proposed to be assigned or transferred and the Commission approves of such 

assignment or transfer. 

CHAPTER VII 

BACKGROUND INVESTIGATIONS AND LICENSE DECISIONS 

Section 7.01 Required Background Investigations. Background investigations shall be 

conducted by the Commission, or other agents retained by the Commission, under the supervision 

and direction of the Commission, on all Persons specified in Section 6.01 of this Ordinance. 

Page 26 of 50 
Section 7.02 Standards for Background Investigatiom. All background investigations shall 

be conducted to ensure that Gaming Operations shall not employ or contract with persons whose 

prior activities, or reputation, habits and associations pose a threat to the public interest or to the 

effective regulation of Gaming, or create or enhance the dangers of unsuitable, unfair or illegal 

practices and methods and activities in the conduct of such Gaming. Such investigations shall be 

conducted according to requirements at least as stringent as those set forth at 25 C.F.R. parts 556 and 

558, the Compact, and this Chapter VII. Background investigations shall be conducted in a manner 

which takes all reasonable steps to ensure the confidentiality of the information generated by the 

investigation as well as that submitted by the Applicants. Any willful or careless breach of this 

requirement may result in a penalty ranging fiom censure, suspension removal fiom office and a fine 

of up to a $5,000. The Commission shall have jurisdiction to hear and decide upon any such claims. 

Section 7.03 Information Required for Background Investigatiom. 

(a) Each Person subject to a background investigation under Section 5.01 of this 

Ordinance shall be required to provide, subject to the Privacy Act of 1974, at 

a minimum, and in such form as designated in Section 6.04, or as may be 

prescribed by the Commission or the Executive Director, all of the following 

information: 

(1) full name, other names used, social security number(s), birth date, 

place of birth, citizenship, gender, all languages (spoken or written); 

(2) currently and for the previous 10 years, all business and employment 

positions held, ownership interests in those businesses, business and 

residence addresses, and driver's license numbers; 

(3) the names and current addresses of at least three (3) personal 

references, including one personal reference who was acquainted with 

the Applicant during each period of residence listed under subsection 

(a) (2) of this Section; 

(4) current business and residence telephone numbers; 

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

any Native American Indian tribe, including but not limited to a 

description of the amount and type of ownership interest in those 

businesses; 

(6) a description of any existing and previous business relationships with 

gaming, including but not limited to a description of the amount and 

type of ownership interest in those businesses; 

(7) the name and address of any licensing or regulatory agency with 

which the Person has filed an application for a license or permit 

Page 27 of 50 
related to any gaming or gambling, whether or not such license or 

permit was granted; 

(8) for each felony for which there is an ongoing prosecution or 

conviction, the charge, the name and address of the court involved, 

and the date and disposition, if any; 

(9) for each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within five (5) years 

of the date of the application, the name and address of the court 

involved and the date and disposition; 

(1 0) for each criminal charge (excluding misdemeanor traffic charges, but 

including any DUI, reckless or careless driving charges), whether or 

not there is a conviction, if such criminal charge is within five (5) 

years of the date of the application and is not otherwise listed, the 

type of criminal charge, the name and address of the court involved 

and the date and disposition of such charge; 

(1 1) 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; 

(1 2) a current passport type photograph; 

(1 3) any other information the Commission deems relevant; and 

(14) fingerprints consistent with the provisions of Section 6.05. 

(b) Background investigations conducted by the Commission must be sufficient 

to make the determination described in Section 7.08(a). In conducting a 

background investigation, the Commission or its agents, shall make every 

reasonable effort to maintain the confidentiality of the identity of each Person 

interviewed in the course of the investigation. Willful or careless violations 

of this requirement are subject to penalty ranging from censure, suspension, 

removal from office and a fine of up to a $5,000. 

. . Section 7.04 Com~letion of Investgat~ou. Upon completion of the investigation, the 

Commission may either (1) grant a License to the Applicant, or (2) notice the Applicant for a hearing 

under Chapter 6 of this Ordinance. The Commission may notice the Applicant for a hearing at any 

time during the investigation. 

Section 7.05 Issuance of License. The Commission after a hearing conducted under Chapter 6 

of this Ordinance, may, subject to the requirements of Section 7.09, issue a License only after it has 

determined that the following minimum requirements have been met: 

Page 28 of 50 
(a) the Applicant has fully completed all required Application forms and has 

provided the Commission with all other information that the Commission has 

requested; 

(b) the Applicant meets all of the licensing requirements of this Ordinance; 

(c) the Applicant meets all of the licensing requirements and criteria contained in 

the Compact; 

(d) the Commission has reviewed the Applicant's criminal history record and 

deems the Applicant's criminal history to be satisfactory to hold a License; 

and 

(e) all applicable License fees and Costs have been paid. 

Section 7.06 Denial of a License Applicatios. The Commission, after a hearing conducted 

pursuant to Chapter 8 of this Ordinance, may deny an Applicant a License only after it has 

determined that the minimum requirements contained in Section 7.05 have not been met by the 

Applicant or the Applicant's Application, or if the Commission determines that the Applicant is a 

Person whose prior activities, criminal record, reputation, habits or 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, or activities in the operation of Gaming or the 

carrying on of the business and financial arrangements incidental thereto. 

Section 7.07 Cancellation or Suspension. Licensees and Applicants shall be legally 

responsible for any violation of this Ordinance, any relevant License provisions, the Rules, the 

Compact or IGRA. Any License issued hereunder may be canceled, limited, revoked, suspended, 

terminated or modified by the Commission, after a hearing as provided in Chapter 8, for the breach 

of any of the provisions of the License, this Ordinance, or Rules. In addition: 

(a) unless otherwise stated in this Ordinance or the Rules, a Licensee's attorney 

has the right to be present and to participate in any proceeding concerning the 

cancellation, limitation, revocation, suspension, termination or modification 

of a License; 

(b) a License may be summarily suspended, without a prior hearing, only upon 

notice to that effect from the NIGC; and 

(c) all decisions of the Commission regarding the cancellation, limitation, 

revocation, suspension, termination or modification of Licenses shall be 

final, unless appealed as provided in Chapter 8 of this Ordinance. No Gaming 

shall be conducted by the Licensee after cancellation, even during the 

pendency of an appeal. 

. . Section 7.08 Eli~ibility Determination and Procedures for Forwarding Applications and 

Page 29 of 50 
Reports for Key Emplovees and Primary Management Officials to the 

National Indian gamin^ Commission. 

(a) The Commission shall review an Applicant's prior activities, criminal record, 

reputation, habits and associations to make a finding concerning the 

eligibility of a Key Employee or Primary Management Official for 

employment in a Gaming Operation. If the Commission determines that 

employment of the Person poses a threat to the public interest or to the 

effective regulation of gaming, or creates or enhances dangers of unsuitable, 

unfair, or illegal practices and methods and activities in the conduct of 

Gaming, the Gaming Operation shall not employ that Person. 

(b) When a Key Employee or Primary Management Official commences work at 

a Gaming Operation, the Commission shall within a reasonable period of 

time forward to the NIGC a completed application for employment for such 

Key Employee or Primary Management Official, and shall conduct all 

necessary background investigations. The Commission shall make the 

eligibility determination referred to in subsection (a) of this section. 

(c) A report shall be submitted to the NIGC within sixty (60) days afier a Key 

Employee or Primary Management Official commences work at a Gaming 

Operation or within sixty (60) days of the approval of this Ordinance by the 

Chairman. Such report shall, at a minimum, include all of the following: 

(I) steps taken in conducting the background investigation; 

(2) results obtained; 

(3) conclusions reached by the Commission; 

(4) the Commission's basis for those conclusions; and 

(5) a copy of the eligibility determination made pursuant to Section 

7.08(a). 

(d) Subject to the provisions of section 6.12 No Gaming Operation shall continue 

to employ as a Key Employee or Primary Management Official any Person 

who does not have a License within ninety (90) days of commencing work at 

a Gaming Operation. 

(e) If a License is not issued to an Applicant, the Commission: 

(1) shall notifj the NIGC; and 

(2) may forward copies of its eligibility determination and any relevant 

Page 30 of 50 
report regarding a background investigation of the Applicant to the 

NIGC for inclusion in the Indian Gaming Individuals Records 

System. 

(f) With respect to Key Employees and Primary Management Officials, 

applications for employment and reports of background investigations shall 

be retained by the Commission for inspection by the Chairman or his 

designee for no less than three (3) years from the date of termination of 

employment of each Key Employee or Primary Management Official. 

Section 7.09 Granting, a Gaming License. 

(a) If, within a thirty (30) day period after the NIGC receives all required 

applications and reports, the NIGC notifies the Tribe that it has no objection 

to the issuance of a License pursuant to a License Application filed by a Key 

Employee or a Primary Management Official, the Commission may issue a 

License to such Applicant. 

(b) The Commission shall respond in a timely manner to requests for additional 

information from the NIGC concerning Key Employees or Primary 

Management Officials who are the subject of any report filed with the NIGC 

by the Commission. Any such request by the Chairman shall suspend the 

thirty (30) day period referred to in this Section until the Chairman receives 

the additional information requested. 

(c) If, within a thirty (30) day period after the NIGC receives all required 

applications and reports, the NIGC provides the Tribe with a statement 

itemizing objections to the issuance of a License to a Key Employee or to a 

Primary Management Official for whom the Commission has submitted an 

application and all required reports to the NIGC, the Commission shall 

reconsider the application, taking into account the objections itemized by the 

NIGC. The Commission shall make the final decision whether to issue a 

License to such Applicant. 

Section 7.10 License Revocation and Suspension Followin? Receipt of Information 

from NIGC. 

(a) If, after the issuance of a License, the Tribe receives information from the 

NIGC indicating that a Management Entity or Controlling Shareholder, Key 

Employee, or Primary Management Official is not eligible for employment 

under Section 6.02 of this Ordinance, the Commission shall suspend such 

License, shall notify the Licensee in writing of such suspension and the 

potential revocation of the Licensee's License, and shall conduct a hearing in 

accordance with the Rules regarding the proposed License revocation. 

Page 3 1 of 50 
(b) After a hearing, the Commission shall revoke or reinstate a License 

suspended pursuant to subsection (a) of this Section. The Commission shall 

notifL the NIGC of its decision. A decision of the Commission to revoke a 

License after the hearing called for by subsection (a) of this Section shall be 

final md there shall be no appeal. A Management Entity whose License has 

been revoked or suspended pursuant to this Section may not operate a 

Gaming Operation. 

Section 7.1 1 Show Cause Hearing for Manager and Primary Management 

Officials. 

Excepting the provisions of Section 7.10 and notwithstanding the foregoing, in the event that 

the Tribal Gaming Commission obtains reliable information that the duly licensed Manager andlor a 

Primary management Official may have breached any provision of this Ordinance, the Compact, 

IGRA, or its license, the Tribal Gaming Commission shall issue a Notice for Show Cause to the 

licensee prior to any action of suspension or the giving of notice of a revocation hearing with respect 

to its / their license(s). The Notice for Show Cause shall describe the alleged breach, shall describe 

the steps necessary to effect a cure and shall provide the licensee with an opportunity to meet with 

the Tribal Gaming Commission to discuss the matter. The discontinuance or correction of the 

alleged breach shall constitute a cure thereof, except where such alleged breach constitutes a criminal 

violation by the Manager or the Primary Management Official. If the alleged breach is not corrected 

or discontinued as required herein, then the Tribal Gaming Commission shall institute the notice and 

hearing procedure set forth above. 

CHAPTER VIII 

RULES OF PROCEDURE FOR HEARINGS 

Section 8.01 Scope of Rules of Procedure. All License hearings, enforcement hearings and 

exclusion hearings conducted pursuant to this Ordinance shall be governed by this Chapter. 

Section 8.02 Hearingst 

(a) The Commission shall afford an Applicant an opportunity for a hearing prior 

to any final action by the Commission on a Application, other than an 

unconditional grant of a License. 

(b) The Commission shall afford a Licensee the opportunity for a hearing prior to 

taking final action resulting in the revocation of the License or the imposition 

of any penalties which the Commission is authorized to impose pursuant to 

these Rules and the Ordinance. 

(c) Nothing in this Section shall limit the Commission's authority to summarily 

suspend or revoke a License without a hearing pursuant to Section 7.07(b) of 

this Ordinance. 

Page 32 of 50 
Section 8.03 Notice of Hearing. 

(a) The Commission shall provide written notice to the Applicant or Licensee of 

the hearing at least ten (1 0) days prior to the date set for the hearing. The day 

the Applicant or Licensee receives the notice shall be considered a full day's 

notice under this Section. The notice shall be sent by registered or certified 

mail, or may be personally served upon the Applicant or Licensee. The notice 

shall state the date, time and place of the hearing. The notice shall also 

contain an indication of the action(s) being considered by the Commission, 

including, but not limited to: 

(1) whether the Commission is holding the hearing for the purpose of 

obtaining further information from the Applicant; 

(2) whether the Commission will be considering the grant or denial of the 

License Application; 

(3) whether the Commission will be examining any aIleged violations of 

the Ordinance, the Compact, the IGRA, the conditions of any License 

issued by the Commission, any order by the Commission, or any other 

applicable laws, regulations or agreements; or 

(4) whether any other sanctions or penalties will be considered. 

The notice shall also contain a short, plain statement of the reasons the 

Commission determines the hearing is necessary. 

Section 8.04 Ex Parte Communications. 

(a) No ex parte communication relative to the action(s) being considered by the 

Commission, or a threat or offer of reward shall be made, before a decision is 

rendered, to any member of the Commission by or on behalf of the Applicant 

or Licensee, or any legal representative or counsel of the Applicant or 

Licensee. 

(b) Nothing in this Section shall prohibit the Applicant, Licensee or its 

authorized agent from communicating with the Commission's legal counsel, 

its investigators or other authorized agents. 

(c) Any member of the Commission who receives an ex parte communication 

shall immediately report such communication to the Commission's legal 

counsel. 

(d) For purposes of this Section only, the action(s) being considered by the 

Page 33 of 50 
Section 8.05 

(a) 

Section 8.06 

(a) 

Commission shall be those matters identified in the written notice as 

provided in Section 8.03(a) of this Ordinance, as well as any other matters 

that are actually considered by the Commission during a hearing. All matters 

identified in the written notice shall be subject to the prohibition against ex 

parte communications. All matters not identified in the written notice that are 

considered by the Commission during a hearing become subject to the 

prohibition against ex parte communications as soon as they are discussed 

during the hearing. 

The Commission shall have the power to impose any sanction pursuant to 

this Chapter upon its determination that an Applicant or Licensee has made 

an ex parte communication in violation of this Section. 

Appearance through Counsel. 

Parties to all hearings governed by this Chapter may appear personally or 

through an attorney, except that a party must personally attend any hearing on 

the merits unless hisher attendance has been waived, in writing, by the 

Commission. 

When a party has appeared through an attorney, service of all notices, 

motions, orders, decisions and other papers shall thereafter be made upon the 

attorney, unless the party requests otherwise in writing. 

When a party is represented by an attorney, the attorney shall sign all 

motions, notices, requests, and other papers on behalf of the party, including 

a request for subpoenas. 

Any attorney appearing before the Commission must be duly admitted to 

practice law in the Tribal Court of the Confederated Salish and Kootenai 

Tribes. 

Discoverv Procedures for Enforcement Hearings. 

The Commission's legal counsel and the Licensee shall exchange a list of 

persons that each party intends to call as witnesses no later than five (5) 

business days before a scheduled enforcement hearing. The day the list is 

received shall be considered a full day's notice under this Section. Each 

witness shall be identified by name, if known, position, and business address. 

If no business address is available, a home address for the witness shall be 

provided. Any witness not identified in accordance with this Section may be 

prohibited fiom testifLing at a hearing in the Commission's discretion. 

The Commission's legal counsel and the Licensee shall exchange a copy of 

Page 34 of 50 
all documents or tangible things that they intend to offer as evidence in 

support of the party's case in chief. This exchange shall be made to the 

opposing party no later than five (5) business days before a scheduled 

enforcement hearing. The day the documents are received shall be considered 

a full day's notice under this Section. Failure to make available any document 

or tangible thing in accordance with this section may, in the Commission's 

discretion, be grounds to deny the admission into evidence of such document 

or tangible thing. 

Section 8.07 Confidential Materials. 

(a) Prior to making any documents available to the Commission's legal counsel 

or designated agent, the Applicant or Licensee may designate any document 

it believes to contain confidential information as "Subject to a Confidentiality 

Claim" by so marking the document prior to providing a copy of the 

document to the Commission's legal counsel. 

(b) Documents provided to the Commission's legal counsel or designated agent 

which have been marked in accordance with Paragraph (a) above and any 

non-public information contained within the document, shall not be made a 

part of the public record of the Commission proceedings otherwise disclosed 

by the Commission to any person (except as may be required under any 

applicable law, rule, regulation, court or administrative order, or the 

Compact), without first providing the applicant or licensee with the 

opportunity to seek a ruling by the Commission that the document or nonpublic information contained therein should not be made public. The request 

for such a ruling and any discussions relating to the document shall be heard 

and ruled upon by the Commission in an Executive Session meeting. If the 

request for such a ruling is made during a public hearing session, the hearing 

session shall be adjourned and the Commission shall conduct an Executive 

Session meeting in order to hear and rule upon the applicant's or respondent's 

request. The Applicant or Licensee may present to the Commission in 

Executive Session written and oral argument regarding the confidentiality 

claim, along with any facts the Applicant or Licensee believes to be relevant 

to such argument. 

(c) In determining whether a document marked in accordance with subsection (a) 

above should be made part of the public record of the Commission 

proceedings on the Application, the Commission will balance the Applicant's 

claimed confidentiality concerns against the materiality of the information to 

the Application, the public's right to be made aware of the information, and 

the Commissioner's need to make the information part of the public record in 

order to remain fully accountable for the licensing decision. In making this 

determination, the Commission shall consider all facts and circumstances 

relevant to making a proper ruling. 

Page 35 of 50 
Section 8.08 

(a) 

Section 8.09 

(a) 

In the event that the Commission rules during executive session that the 

document in question and/or information contained therein should be made 

part of the public record of the Commission's proceedings on the Application, 

the document and/or information contained therein will be made part of the 

public record unless the Applicant withdraws the document from the 

Commission's possession. 

In the event the Applicant chooses to withdraw the document fiom the 

Commission's possession, the Commission will then weigh the withdrawal 

along with the other evidence in making its determination on the Application. 

Withdrawal of documents from the application process shall be looked upon 

by the Commission with disfavor, and depending on the facts and 

circumstances, the Commission may deem the withdrawal of any document 

to be sufficient cause in and of itself for denial of the License. 

In the event that the Commission rules during Executive Session that the 

document and/or information contained therein should not be made part of 

the public record, the document shall be designated "Confidential" and will 

not be made part of the public record. The Commission may consider the 

document and information contained therein in camera in making its 

determination on the Application. 

At the conclusion of the Commission proceedings on the License application, 

the Commission will return to the Applicant all documents marked as 

"Subject to a Confidentiality Claim" pursuant to Paragraph (c) above that 

were not (i) made part of the public record of the gaming License application 

or (ii) designated as "Confidential" and considered by the Commission 

camera. 

The Commission has the power and discretion to issue subpoenas and to 

impose such reasonable penalties for noncompliance. 

Subpoenas may be issued to compel any person to appear at the hearing on 

the merits of the case, to give oral testimony, or to produce documents or 

other tangible things. 

hear in^ Procedures. 

The Chair of the Commission shall preside over all hearings, and shall call 

the proceedings to order, control the presentation of evidence, the appearance 

of witnesses, and the order of the proceedings. 

Page 36 of 50 
(h) 

(i) 

Section 8.10 

(a) 

The Commission may require any person, including, but not limited to, any 

Applicant or Licensee, or any agent, employee or representative of any 

Applicant or Licensee, to appear and testi@ before it with regard to any 

matter within its jurisdiction at such time and place as it may designate. Such 

testimony shall be under oath and may include any matters which the 

Commission deems relevant to the discharge of the Commission's official 

duties. Testimony shall be recorded by a duly certified court reporter and may 

be used by the Commission as evidence in any proceeding or matter before 

the Commission. Failure to appear and testify fully at the time and place 

designated shall result in sanctions. Failure to appear may constitute grounds 

for: 

(1) the refusal to grant a License to the person summoned, and /or that 

person's principal, or employer; 

(2) the revocation or suspension of a License held by the person 

summoned, andlor that person's principal, or employer; or 

(3) the inference that the testimony of the person summoned would have 

been adverse to that person andfor that person's principal or employer. 

Any party to the hearing may call and examine witnesses. The Commission 

shall exercise its discretion to limit the testimony of witnesses where that 

testimony is argumentative or repetitive. 

The Commission shall have the authority to eject from the hearings any 

person who is disruptive, disorderly, or who shows a lack of proper respect 

for the Commission or the nature of the proceedings. 

Persons shall be permitted to speak only when recognized by the Chair. 

Any member of the Commission may ask questions of witnesses, and may 

request or allow additional evidence at any time. 

Any party to the hearing may conduct cross-examinations reasonably 

required for a full and true disclosure of the facts. 

All hearings held under this Ordinance shall be open to the public 

The Commission, in its discretion, has the power to sequester witnesses. 

Evidence 

In hearings governed by this Chapter, the Commission shall not be bound by 

technical rules relating to evidence and witnesses. The Commission shall 

Page 37 of 50 
admit all testimony having reasonable probative value, but shall exclude 

immaterial, irrelevant or unduly repetitious testimony. The Commission 

shall give effect to the rules of privilege unless such privilege is waived. 

Basic principles of relevancy, materiality and probative force shall govern the 

proof of all questions of fact. Objections to evidentiary offers and offers of 

proof of evidence not admitted may be made and shall be noted in the record. 

(b) All evidence, including records and documents in the possession of the 

Commission or which the Commission desires to avail itself, shall be duly 

offered and made a part of the record in the case. Every party shall be 

afforded adequate opportunity to rebut or offer countervailing evidence. 

(c) The Commission may take official notice of any generally recognized fact or 

any established technical or scientific fact; but parties shall be notified either 

before or during the hearing or by full reference in preliminary reports or 

otherwise, of the facts so noticed, and they shall be afforded an opportunity to 

contest the validity of the official notice. 

(d) Documentary evidence may be received in the form of copies or excerpts, if 

the original is not readily available. Upon request, parties shall be given an 

opportunity to compare the copy to the original. 

(e) The record in a hearing governed by these Rules shall include: 

(1) All Applications, intermediate rulings and exhibits and appendices 

thereto. 

(2) Evidence received or considered, stipulations and admissions, 

including but not limited to confidential evidence received pursuant 

to Section 8.07 of this Ordinance. 

(3) A statement of matters officially noticed. 

(4) Questions and offers of proof, objections, and rulings thereon. 

(5) Any decision, opinion, findings or report by the Commission. 

(6) The transcript prepared by a duly certified court reporter. 

Section 8.1 1 Determinations bv the Commission. 

(a) The Commission shall make all determinations of issues before it by a 

majority vote of the Commission. 

(b) All determinations made by the Commission involving the grant, denial, 

cancellation or revocation of a License, a finding of a violation of this 

Page 38 of 50 
Ordinance, the Rules, the Compact, IGRA, the conditions of any License 

issued by the Commission, any order by the Commission, or any other 

applicable laws, regulations or agreements, and the imposition of any 

sanctions or penalties shall be made by motion and on the record. 

(c) A copy of any resolution reached pursuant to Section 8.1 I (b) of this 

Ordinance shall be served upon the Applicant or Licensee by registered or 

certified mail, or may be served personally 

Section 8.12 Sanctions. If any party or its attorney fails to comply with any provision of 

this Ordinance, the Rules, the Compact, IGRA, the conditions of any license 

issued by the Commission, any order by the Commission, or any other 

applicable laws, regulations or agreements, including, but not limited to any 

agreement, regarding any matter, including, but not limited to, discovery 

matters and the failure to appear at a hearing at the scheduled time, the 

Commission upon motion or upon its own initiative, may in its discretion 

impose upon such party or attorney, or both, appropriate sanctions in regard 

to the failure(s) as are just, including, but not limited to, the following: 

(a) An order prohibiting the use of any witness, document or tangible thing 

which should have been disclosed, produced, exhibited or exchanged 

pursuant to these Rules or any order of the Commission; 

(b) An order that designated facts shall be taken to be established; 

(c) An order that the disobedient party may not support or oppose designated 

claims or defenses; 

(d) An order striking any pleadings or parts thereof, or staying fbrther 

proceedings or dismissing the proceeding or any part thereof, or entering a 

judgment by default against the disobedient party; 

(e) A finding against the disobedient party; or 

(f) Any sanction otherwise set forth in this Ordinance. 

CHAPTER IX 

APPEALS 

Section 9.01 &&t of A~peal: A~peals Procedures, A Person directly affected by any 

finding of the Commission pursuant to Section 8.1 1 of this Ordinance, or any licensing decision of 

the Commission under this Ordinance, shall have the right to appeal such finding by filing for a 

rehearing before the Commission. Any such appeal must be filed with the Commission in writing on 

or before the tenth (I 0th) day following receipt by such affected Person of the written finding of the 

Page 39 of 50 
Commission. The Commission shall certify the hearing record within thirty (30) days of the date of 

the filing of the appeal. In any case which comes before the Commission for final action, the 

Commission may determine to review all findings of facts and of law, or proceed pursuant to a de 

novo standard. The Commission's decision on rehearing shall be final, and no fiuther appeal may be 

had. 

Section 9.02 Sovereign Immunitv of the Commission. The Confederated Salish and 

Kootenai Tribes, acting through the Tribal Council, confers on the Commission all of the Tribe's 

rights, privileges, immunities and sovereign immunity from suit, to the same extent that the Tribes 

would have such rights, privileges, and immunities, if it engaged in the activities undertaken by the 

Commission. 

Section 9.03 Limited Waiver of Sovereign Immunity of the Commission. The 

Commission hereby expressly waives its sovereign immunity from suit: in any suit against the 

Commission wherein relief is limited to injunctive or declaratory relief against the Commission. 

CHAPTER X 

AUDITING AND INTERNAL CONTROL 

Section 10.01 Minimum Procedures for Control of Internal Fiscal Affairs. The Commission 

shall promulgate Rules governing-the control of internal fiscal affairs of all Gaming Operations. At a 

minimum, such Rules shall require the consistent application of Generally Accepted Accounting 

Principles, and shall: 

(a) prescribe minimum procedures for the safeguarding of a Gaming Operation's 

assets and revenues, including recording of cash and evidence of 

indebtedness, and mandatory count procedures. Such Rules shall establish a 

controlled environment, accounting system, and control procedures that 

safeguard the assets of the Gaming Operation, assure that operating 

transactions are properly recorded, promote operational efficiency, and 

encourage adherence to prescribed policies; 

(b) prescribe minimum reporting requirements to the Commission; 

(c) provide for the adoption and use of internal audits; 

(d) formulate uniform accounts and accounting classifications to assure the 

consistency, comparability and effective disclosure of financial information. 

Such accounts shall require that records be retained that reflect statistical 

drop (amount of cash wagered by Patrons), statistical win (amount of cash 

won by the Gaming Operation), and the percentage of statistical win to 

Page 40 of 50 
statistical drop, or provide similar information for each type of game in each 

Gaming Operation; 

(e) prescribe the intervals at which such information shall be furnished; 

(f) provide for the maintenance of documentation, (i.e., checklists, programs, 

reports, etc.), to evidence all internal work performed as it relates to the 

requirements of this Section; 

(g) and provide that all financial statements and documentation referred to in 

this Section be maintained for a minimum of five (5) years. 

Section 10.02 Oversight of Internal Fiscal Affairs. The Commission may require 

independent audits of the financial statements of any Gaming Operation. Such independent audit 

must apply and require the consistent application of Generally Accepted Accounting Principles, and 

shall: 

(a) be conducted by independent accountants, knowledgeable in casino audits 

and operations and licensed or certified to practice public accounting in the 

State of Montana; 

(b) include an opinion, qualified or unqualified, or if appropriate, disclaim an 

opinion on the financial statements taken as a whole in accordance with 

standards of the accounting profession established by rules and regulations 

the American Institute of Certified Public Accountants; 

(c) disclose whether the accounts, records and control procedures maintained by 

the Gaming Operation conform with this Ordinance and the Rules; and 

(d) provide a review of the internal financial controls of the audited Gaming 

Operation to disclose any deviation from the requirements of this Ordinance 

and the Rules and report such findings to the Commission and the 

management of the audited Gaming Operation; and 

(e) provide such other information as the Commission deems necessary or 

appropriate. 

Section 10.03 Conduct of Audit. 

(a) The Commission shall cause to be conducted annually an independent audit 

of Gaming Operations and shall submit the resulting audit reports to the 

NIGC. 

(b) All Gaming related contracts that result in the purchase of supplies, services, 

or concessions in excess of $25,000.00 annually, except contracts for 

Page 41 of 50 
professional legal and accounting services, and any other information the 

Commission deems necessary or appropriate shall be specifically included 

within the scope of the audit described in Section 10.03(a). 

Section 10.04 Prohibition Against Embezzlement. Any delay or action of any kind which, 

in the opinion of the Commission, is effectuated by any Licensee to unlawfully or improperly divert 

Gaming or other proceeds properly belonging to the Tribe, shall constitute grounds for taking 

disciplinary action against that Licensee. If the Commission finds an unlawful diversion was 

attempted, it may sanction the Licensee, report the matter to appropriate law enforcement and 

gaming regulatory agencies for further action and take such other action as it deems necessary or 

appropriate. Sanctions may include the imposition of fines, andlor the revocation, suspension, or 

limitation of, or rehsal to renew, any License. 

Section 10.05 Non-Compliance. Failure to comply with any of the requirements of this 

Chapter, or the Rules promulgated hereunder may be found to constitute a violation of this 

Ordinance. 

CHAPTER XI 

EXCLUSION OR REJECTION OF INDIVIDUALS 

. .. Section 11.01 Prohlb~tlon Against Certain Individuals. It shall be a violation of this 

Ordinance for any Licensee to knowingly fail to exclude or eject fiom the gaming area of 

a Gaming Establishment any individual who: 

(a) is visibly under the influence of liquor, a drug or other intoxicating 

substance; 

(b) is under the age of eighteen years; 

(c) is displaying disorderly conduct; 

(d) is a person known to have committed a gaming related felony; 

(e) is known to have a reputation for cheating or manipulation of games; or 

(0 has been personally excluded, or is a member of any group or type of persons 

which has been excluded, for cause from Gaming Establishments by a 

resolution of the Commission. 

Section 1 1.02 Wt toExclude or Remove. If the Commission deems it in the best interest 

of the Tribe, the Commission may exclude or remove any persons fiom the premises of any Gaming 

Operation. Any person so excluded shall be entitled to a hearing as provided for by Chapter 8 and 

shall have the rights provided to an "Applicant" therein. The Manager of any Gaming Operation shall 

Page 42 of 50 
also have the authority to exclude or remove any person from the Gaming Establishment, and all 

such actions shall be reported to the Commission within 24 hours of the taking of such action. 

CHAPTER XI1 

PROHIBITED ACTS 

Section 12.01 Prohibited Acts. In addition to other civil and criminal acts that may be 

regulated or prohibited by this Ordinance, the Compact, other Tribal law or applicable Federal law, 

the following shall constitute prohibited activities and unauthorized Gaming under this Ordinance 

and shall subject any perpetrator to Commission action, including, but not limited to, the imposition 

of civil penalties, referral to appropriate law enforcement authorities for criminal proceedings, and 

License suspension or revocation: 

(a) altering or misrepresenting the outcome of Gaming or other event on which 

wagers have been made after the outcome of such Gaming or event has been 

determined but before such outcome revealed to the players; 

(b) placing or increasing a bet or wager after acquiring knowledge of the 

outcome of the Gaming or event which is the subject of the bet or wager, 

including past-posting and pressing bets; 

(c) aiding anyone in acquiring such knowledge referred to in subsection (b) of 

this Section for the purposes of increasing or decreasing any bet or wager, or 

for the purpose of determining the course of play; 

(d) claiming, collecting or taking, or attempting to claim, collect or take, money 

or anything of value in or from a game with intent to defraud or claiming, 

collecting or taking an amount greater than the amount actually won in such 

game; 

(e) knowingly to entice or induce another to go to any place where Gaming is 

conducted or operated in violation of the provisions of this Ordinance, with 

the intent that the other person play or participate in such Gaming; 

(f) reducing the amount wagered or canceling a wager after acquiring knowledge 

of the outcome of the game or other event which is the subject of the bet or 

wager, including pinching bets; 

(g) manipulating, with intent to cheat or defraud, any component or part of a 

game in a manner contrary to the designed and normal operational purpose 

for such component or part, with knowledge that such manipulation will 

affect the outcome of the game, or with knowledge of any event that affects 

the outcome of the game; 

Page 43 of 50 
(h) defrauding the Tribe, any Licensee or any participant in any Gaming; 

(i) participating in any Gaming not authorized under this Ordinance and the 

Compact; 

(i) knowingly providing false information or making any false statement with 

respect to an application for employment or for any License, certification or 

determination provided for in this Ordinance; 

(k) knowingly providing false or misleading information or making any false or 

misleading statement to the Tribe, the Commission or the Executive Director 

in connection with any contract for services or property related to Gaming; 

(1) knowingly making any false or misleading statement in response to any 

official inquiry by the Commission or its agents; 

(m) offering or attempting to offer any thing of value, to a Licensee in an attempt 

to induce the Licensee to act or refrain from acting in a manner contrary to 

the official duties of the Licensee under this Ordinance, the Rules, Tribal and 

Federal law or specifically IGRA; 

(n) acceptance by a Licensee of any thing of value with the expectation that 

receipt of such thing of value is intended, or may be perceived as intended, to 

induce the Licensee to act or refrain from acting, in a manner contrary to the 

official duties of the Licensee under this Ordinance, the Rules, Tribal and 

Federal law or IGRA; 

(0) falsifying, destroying, erasing or altering any books, computer data, records, 

or other information relating to a Gaming Operation in ways other than is 

provided in approved internal control procedures; 

(p) taking any action which interferes with or prevents the Commission or the 

Council fiom fulfilling its duties and responsibilities under this Ordinance, 

the Rules, or IGRA; and 

(q) entering into any contract, or making payment on any contract for the 

delivery of goods or services to a Gaming Operation, when such contract fails 

to provide for or result in the delivery of goods or services of fair value for 

the payment made or contemplated. 

Section 12.02 Prohibition Against Electronic Ai&. Except as specifically permitted by the 

Commission, no person shall possess, with the intent to use in connection with Gaming, either 

individually, or in concert with others, any calculator, computer, or other electronic or mechanical 

device to assist in projecting the outcome or odds of such Gaming, to keep track of or analyze cards, 

or to change probabiIities of any game or the playing strategies regularly utilized in such Gaming. 

Page 44 of 50 
CHAPTER XI11 

NATIONAL INDIAN GAMING COMMISSION AND COMPACT 

Section 13.01, National Indian gamin^ Commission-Regulation. Notwithstanding any 

provision in this Ordinance or the Rules, the Commission is hereby fully empowered to comply with 

all regulations promulgated by the NIGC, including, but not limited to, reporting requirements 

relating to ordinances, contracts, license applications, background checks, and other information. 

Section 13.02 National Indian Gaming Commission-Assessment. Notwithstanding any 

provision in this Ordinance or the Rules, the Commission is hereby fully empowered to comply with 

all assessments authorized by the NIGC. Such assessments shall be payable solely from funds of 

Gaming Operation revenues as an operating expense. 

Section 13.03 Com~act with the State of Montana. Notwithstanding any provision in this 

Ordinance or the Rules, the Commission is hereby fully empowered to comply with the provisions of 

the Compact, including, but not limited to, any licensing, approval, or monitoring requirements 

contained in the Compact. 

CHAPTER XIV 

GENERAL REQUIREMENT 

Section 14.01 Security and Surveillance. Each Gaming Establishment must provide for full 

security and surveillance within the Gaming Establishment at all times. All security personnel in a 

Gaming Establishment must be licensed by the Commission. The security and surveillance 

departments shall interact when necessary to carry out their official duties and to coordinate their 

activities in order to effectuate the best protection for the gaming patrons and the Tribal and 

management interests and assets of the enterprise. 

Section 14.02 Compliance with Environmental and Other Laws. The construction, 

maintenance and operation of any Gaming Operation shall be in a manner which protects the 

environment, public health and safety, and shall comply with all applicable Tribal and Federal laws 

relating to environmental protection and public health and safety including, but not limited to, 

25 C.F.R. $522.4 (b) (7). 

Section 14.03 bendments. All provisions of this Ordinance are subject to amendment by 

the Council. All Rules promulgated by the Commission are subject to proper revision, repeal, or 

amendment by the Commission. All amendments to this Ordinance shall be effective upon the date 

of passage by the Council. 

Page 45 of 50 
Section 14.04 Severability. If any provision of this Ordinance, or any portion of any 

provision to this Ordinance, is found to be invalid by any court of competent jurisdiction, the full 

remainder of such provision(s) shall not be affected. 

Section 14.05 Words and Terms. Tense, number and gender. In interpreting the provisions 

of this Ordinance, save when otherwise plainly declared or clearly apparent from the context: 

(a) words in the present tense shall include the hture tense; 

(b) words in masculine, feminine and neuter genders shall include all genders; 

and 

(c) words in the singular shall include the plural, and words in the plural shall 

include the singular. 

Section 14.06 Repeal. To the extent that they are inconsistent with this Ordinance, all prior 

gaming laws, rules, ordinances or regulations of the Tribe are hereby repealed. 

Section 14.07 Unch m. 

(a) Any winnings, whether property or cash, which are due and payable to a 

participant in any Gaming Activity, and which remain unclaimed at the end 

of a Gaming session, shall be held in safekeeping for the benefit of such 

participant if his or her identity is known. Such winnings shall be held for 

twelve months or such longer period as the Commission deems reasonable in 

consideration of all relevant facts and circumstances. The Commission shall 

make such efforts as are reasonable under the circumstances to locate such 

participant. At the end of the safekeeping period, such winnings shall revert 

to the ownership of the Tribal Government and shall be transferred to the 

account or place designated by the Executive Treasurer 

(b) In the event the identity of a participant entitled to unclaimed winnings is 

unknown, the Commission shall use its best efforts to learn the identity of 

such individual and shall follow the procedure set forth in Section 14.08 if 

the Commission is able to identify such individual with reasonable certainty; 

provided. however, if after six months from the time the winnings were 

payable, the Commission has been unable to identify the individual entitled 

thereto, such winnings shall revert to the ownership of the Tribal 

Government. 

Section 14.08 Patron Dispute$. Any Person who has any dispute, disagreement or other 

grievance with the Gaming Operation that involves currency, tokens, coins, or any other thing of 

value, may seek resolution of such dispute from the following persons and in the following order: (a) 

a member of the staff relevant of the Gaming Operation, (b) the supervisor in the area of the relevant 

Page 46 of 50 
Gaming Operation in which the dispute arose, (c) the manager of the relevant Gaming Operation, 

and (d) the Commission. 

Section 14.09 Patron Rinhts re nard in^ Dis~utes. When a Person brings a dispute for 

resolution pursuant to Section 14.10, the complainant has the right to explain his or her side of the 

dispute, and to present witnesses in connection with any factual allegations. At each level, if the 

dispute remains unresolved, the complainant shall be informed of the right to take the dispute to the 

next higher level as set forth in Section 14.08. Resolution of any dispute by the personnel of a 

Gaming Operation shall always involve two or more staff members. All disputes, whether resolved 

or not, shall be reported in detail by the staff persons involved to their supervisor, or, in the case of 

the general manager of the Gaming Operation, to the Commission. 

Section 14.10 -inn Commission Action on Patron Disputes. All disputes which are 

submitted to the Gaming Commission shall be decided by the Commission based on information 

provided by the complainant and the Gaming Operation, including any witnesses for, or documents 

provided by or for, the complainant. The decision of the Commission shall be in writing, shall be 

issued within fourteen (14) days of submission of the matter to the Commission, and shall be 

provided to the general manager of the Gaming Operation and to the complainant. 

Section 14.1 Agent for Service of Process. The Commission Chairman shall be designated 

agent for service of process for the Tribal Gaming Commission of the Confederated Salish and 

Kootenai Tribes. The Chairman shall promptly report any such service to the Commission, and shall 

promptly provide the Commission with a copy of any complaints or other documents served. 

Section 14.12 Consent to Jurisdiction. Any person who applies for a License under this 

Ordinance, applies for employment in any Gaming Establishment, enters into any contract or 

agreement related to Gaming, or participates in any Gaming on the Reservation, shall be deemed to 

consent to the civil jurisdiction of the Tribe, the Commission and the Tribal Court. Nothing in this 

Section shall limit the jurisdiction of the Tribe, the Commission or the Tribal Court under any 

circumstances not explicitly contemplated in the Section. 

Section 14.13. Comity and Concurrent Jurisdiction. The Commission is empowered to seek 

comity and enforcement of the orders of the Commission by the courts of any other jurisdiction 

whose assistance may be required to give effect to the orders of the Commission. The Commission is 

also empowered to issue orders to enforce the lawfhl orders of other gaming regulatory agencies and 

the courts of foreign jurisdictions. 

. . Section 14.14, Other Powers of Commlssian. In addition to and in conjunction with the 

powers and responsibilities listed in this Ordinance, Rules and other applicable laws and regulations 

the Commission shall have power to: 

(a) issue orders of temporary closure of gaming activities for violations of this 

gaming ordinance or of contractual obligations to the Tribe, the IGRA or the 

approved Class I11 compact or orders of permanent closure of gaming 

activities for violations of this gaming ordinance, Tribal gaming regulations 

Page 47 of 50 
or contractual obligations to the Tribe; 

Section 14.15. 

(a) 

initiate civil and criminal actions in court to enforce provisions of this 

ordinance, tribal gaming regulations or the IGRA; 

negotiate and approve management agreements for Class I1 gaming to be 

submitted to the Tribal Council for approval by Tribal Council resolution; 

approve, deny or revoke gaming licenses for Class I1 or Class I11 gaming; 

monitor all gaming activities conducted on the Reservation lands on a 

continuing basis; 

insure that background investigations are conducted as required by this 

ordinance and the IGRA as well as conduct such additional investigations as 

the Commission may deem necessary; 

demand access to and inspect, examine, copy and audit all papers, books and 

records concerning activities and revenues of any gaming activity conducted 

on the Reservation and any other matters necessary to carry out their duties 

under this ordinance; 

conduct such hearings as the Commission may deem appropriate in carrying 

out its duties, including administering oaths or affirmations to witnesses and 

issuing subpoenas to compel witnesses to appear at such hearings; 

when information is received through audits or other investigations that 

indicates a violation of Tribal, Federal or applicable State ordinances, laws or 

regulations, to treat as confidential and provide such information to the 

appropriate law enforcement officials; 

adopt regulations deemed necessary to clarifL or enforce the provisions of 

this Ordinance or Tribal rights and interests established in approved 

management agreements or an approved Class I11 Compact; and 

adopt Confederated Salish and Kootenai Tribal Class I1 and Class 111 gaming 

license applications. 

rcement Provisions. 

All matters and occurrences which indicate that a criminal act under the 

Tribe Code, Federal Law or State Law may have occurred in or around any 

gaming establishment shall be immediately reported to the appropriate law 

enforcement agency and the Commission. 

Page 48 of 50 
(b) All matters and occurrences contrary to this Ordinance, rules or regulations 

promulgated by the Commission which are not covered under a Criminal 

Code shall be deemed to be a Civil violation. The Commission is hereby 

authorized to establish a civil violations list of penalties and fines which shall 

be imposed by the Commission for all such civil violations with the violator 

afforded the rights to a hearing as provided in Chapter VIII herein. 

Page 49 of 50 
CERTIFICATION 

The foregoing Ordinance was adopted by the Tribal Council on the d fl\ day of N\ n y 

19 97 , with a vote sf for, 2 opposed, 1 not voting, pursuant to authority vested in it by 

Article VI, Section I, subsections (a), (i), (I), (n), (t), and (u) of the Tribal Constitution and Bylaws; 

said Constitution adopted and approved under Section 16 of the Act of June 18, 1934 (48 Stat. 984), 

as amended. 

n ecutiv ecre 

APPROVED: 

National Indian Gaming Commission 

Date