GAMING CODE

ofthe

SAGINAW CHIPPEWA INDIAN TRIBE

OF MICHIGAN

October, 1993
GAMING CODE

OF THE

SAGINAW CHIPPEWA INDIAN TRIBE OF MICHIGAN

Findings, Purposes and Policy

Findings

Purposes

1.3 Tribal Policy of Self-Government 2

1.4 Tribal Gaming Policy 2

Gaming Code of the Saginaw Chippewa

Indian Tribe of Michigan

OCTOBER , 1993

RESOLUTION NO. 94-

Gaming Code

Page i

Section 1.

1.1

1.2

1

1

2

Section 2. DefInitions 3

2.1

2.2

2.3

2.4

2.5

Adjusted gross proceeds

Bingo

Charitable gaming ticket

Cheating

Code

3

3

3

3

3

2.6

2.7

2.8

Compact

Compensation

Council or Tribal Council

3

3

3

2.9

2.10

2.11

2.12

2.13

2.14

2.15

2.16

2.17

2.18

2.19

2.20

2.21

2.22

Educational, charitable, patriotic, veterans,

public-spirited uses

Electronic games of chance

Eligible organization

Equipment for games of chance

Game or game of chance ...

Gaming employee

Gaming or gaming activity

Gaming apparatus or gaming equipment

Gaming facility

Gaming Operator

Gross proceeds

Indian Gaming Regulatory Act or IGRA

Immediate Family

Indian lands

fraternal, religious, civic, or

3

4

4

4

4

4

4

4

5

5

5

5

5

5

2.23 IRS S

2.24

2.25

Key employee

License

5

6

2.26 Lotto 6

2.27

2.28

2.29

Net proceeds

Participate

Person

6

6

6

2.30 Player 7
2.31

2.32

2.33

234

2.35

2.36

2.37

2.38

2.39

2.4.0

2.41

7

7

7

7

7

7

8

8

8

8

8

Section 3.

3.1

3.2

3.3

3.4

3.5

General Provisions

Authority and Sovereign Powers and Responsibilities

Application of Federal Policy

Saginaw Tribal Policy of Self-Government.

Title, Repeal of Prior Laws, and Effect of Repeal

Classes of Gaming

3.5.1 Class I Gaming

3.5.2 Class II Gaming

3.5.3 Class III Gaming

3.6 Construction

3.7 Savings Clause

Section 4.

4.1

4.2

4.3

4.4

4.5

4.6

4.7

4.8

4.9

11

11

11

11

11

11

11

11

12

12

12

12

12

12

12

13

13

13

13

13

Gaming Code of the Saginaw Chippewa

Indian Tribe of Michigan

OCTOBER _, 1993

RESOLUTION NO. 94-_

Gaming Code

Page II

Primaiy Management Official

Principal

Progressive gaming

Pull-tabs, punchboards, and tip jars

Raffle

Reservation

State

Tribal Commission

Tribe

Twenty-one

Wager

9

9

9

9

9

9

9

9

10

10

10

Tribal Gaming Commission

Establishment

Location and Place of Business

Duration

Attributes

Recognition as a Political Subdivision of the Tribe

Sovereign Immunity of the Tribal Commission

Sovereign Immunity of the Tribe

Waiver of Sovereign Immunity of the Tribal Commission

Credit of the Tribe or Tribal Commission

4.10 Assets of the Tribal Commission

4.11 Membership

4.11.1 Number of Commissioners

4.11.2 Qualification of Commissioners

4.11.3 Background Check

4.11.4 Date of Appointment

4.12 Term of Office

4.13 Ex-Offlcio Members

4.14 Meetings

4.14.1 Regular Meetings
4.14.2 Special Meetings .

13

4.14.3 Compensation of Commissioners 13

4.14.4 Quorum 13

4.14.5 Voting 14

4.15 Organization 14

4.16 Removal of Members or Vacancies 14

4.16.1 Removal 14

4.16.2 Vacancies 14

4.17 Conflict of Interest 14

4.18 Powers of the Tribal Commission 14

4.19 Annual Budget 19

4.20 Tribal Commission Regulations 19

4.21 Right of Entrance; Monthly Inspection 19

4.22 Investigations 20

4.23 Hearings; Examiner 20

4.24 Appointment of Examiner; Power of Examiner 20

4.25 Bank Account for Tribally Owned or Tribally Managed Gaming Facility 20

4.26 Quarterly Report of Tribal General Manager Reports 20

Section 5. Gaming Licenses 21

5.1 Applicability 21

5.2 License Required 21

5.3 Types of Licenses 21

5.3.1 Tribally Owned or Tribally Operated Class II 21

5.3.2 Tribally Owned or Tribally Operated Class ifi 21

5.4 No License Requirement for Class I Gaming 21

5.5 Application Procedures 21

5.5.1 Application for Gaming License 21

5.5.2 Tribally Owned and Tribally Operated Class II 21

5.5.3 Tribally Owned and Tribally Operated Class Ill 22

5.6 Criteria Which a Potential Gaming Operator Must Meet 22

5.7 License Application Fees 23

5.8 License Tax 23

5.9 Form of Gaming License 23

5.10 Scope of Gaming License 23

5.11 Terms of License 23

5.12 Posting of Licenses 24

5.13 Gaming License Renewals 24

5.14 Annual Reports 24

5.15 Procedure to Remedy Gaming License Violation 25

Section 6. Gaming Employee Licenses 26

6.1 Current and Valid Gaming Employee License Required 26

6.2 Application for Gaming Employee License 26

Gaining Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page lii

OCTOBER , 1993

RESOLUTION NO. 94-
6.3 Review Procedure 28

6.4 Standards For Denial of A Key Employee or Primary Management Official

License 29

6.5 Scope of Gaming Employee License 29

6.6 Licensing Period 29

6.7 Renewals 30

6.8 Requirement to Produce License Upon Request 30

6.9 Permanent License Revocation of Employee Gaming License 30

6.9.1 Grounds for Permanent Revocation 30

6.9.2 Procedure for Permanent Revocation 31

6.10 Temporary Suspension of Employee Gaming License 31

6.10.1 Grounds for Temporary Suspension 31

6.10.2 Immediate Temporary Suspension 32

6.10.3 Procedure for Temporary Suspension 32

Section 7. Provisions of General Applicability to All Gaming Operators 33

Section 8. Enforcement 39

8.1 Jurisdiction 39

8.2 Prohibited Acts 39

8.3 Criminal Violation 41

8.4 Civil Violation 41

8.5 Cumulative Fines 41

8.6 Purpose of Civil Penalties 41

8.7 Civil Action for Penalties 41

8.8 Seizure and Forfeiture of Property 41

8.9 Reporting of Offenders 41

Section 9. Operation of Tribally Owned or Tribally Operated Games 42

9.1 Management by a General Manager 42

9.2 Use of Net Proceeds of Tribally Owned or Tribally Operated Gaming

Activities 42

9.3 Maintenance of Records 43

9.4 Audit Requirements 43

9.5 Management Contracts 44

9.6 Additional Requirements for Operation of Tribally Owned or Tribally

Operated Games 45

Section 10. Authorized Games 47

Section 11. Severability 48

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page iv

OCTOBER 1993

RESOLUTION NO. 94-_
GAMTh~G CODE

OF THE

SAGINAW CHIPPEWA INDIAN TRIBE OF MICHIGAN

A law to authorize, license and regulate certain forms of gaming within the jurisdiction of the

Saginaw Chippewa Indian Tribe of Michigan.

Section 1. Findings, Purposes and Policy.

1.1 Findings. The Saginaw Chippewa Tribal Council on behalf of the Saginaw Chippewa

Tribe finds that:

1.1.1 Tribal regulation and control of gaming activity within the jurisdiction of the

Saginaw Chippewa Indian Tribe is essential for the protection of public health and welfare,

and the interests of the Tribe and the residents of and visitors to the tribal community.

1.1.2 The Tribe has the legal authority to license and regulate all gaming activity

not specifically prohibited by federal law, within the jurisdiction of the Tribe.

1.1.3 Properly licensed and regulated gaming activities conform with announced

federal policy promoting Indian self-government and Indian tribal economic self-sufficiency.

1.1.4 It is essential that the Tribe, through its Tribal Council, regulate gaming in a

manner commensurate with applicable federal and tribal law and policy.

1.1.5 The present needs of the Tribe include increased employment, job and skills

training, housing, quality health care, improved nutrition, educational opportunities, social

services, law and order, public safety and judiciaiy, and community and economic

development; needs that are not adequately addressed by present tribal, federal and state

programs.

1.1.6 Tribal operation and licensing of gaming activities on the Reservation are

appropriate means of generating revenue to address the needs of the Tribe.

1.1.7 The Tribe is vigorously pursuing its goal of self-sufficiency and

self-determination through the development of tribal businesses and enterprises. Because the

isabella Reservation lacks income-generating natural resources and because the Tribes tax

base is almost non-existent, the Tribe must rely on tribal business development to raise the

funds necessary to expand its social, health, and education programs, increase employment

and improve its on-reservation economy. This effort has recently become increasingly

important as a result of cutbacks in federal and state funding and the increased costs of

self-government. It is therefore essential that the Tribe develop new and expanded sources

of revenue to support its ever-increasing governmental needs and to provide much needed

employment and training for tribal members.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 1

OCIDBER _, 1993

RESOLUTION NO. 94-
1.1.8 As a result, the adoption of the following new and expanded gaming law is in

the best interest of the Saginaw Chippewa Indian Tribe.

1.2 Purposes. The purposes of this Code are to:

1.2.1 Regulate, control, and license the operation of all gaming within the

jurisdiction of the Tribe.

1.2.2 Make clear and explicit that a tribal license to operate a gaming activity is a

revocable privilege, not a right or property interest.

1.2.3 Ensure that the operation of tribally regulated gaming will continue as a means

of generating tribal revenue.

1.2.4 Ensure that tribally regulated gaming is conducted fairly and honestly by both

gaming operators and players and that it remain free from corrupt, incompetent,

unconscionable and dishonest persons and practices.

1.2.5 Promote and strengthen tribal economic development and self-determination

and enhance employment opportunities for its members.

1.2.6 Generate revenue to strengthen and improve tribal self-government and the

provision of tribal governmental services.

1.2.7 Ensure that all gaming revenue is used for the benefit of the Tribe and the

Reservation community.

1.2.8 Ensure that tribal gaming laws are strictly and fairly enforced against all

persons involved in gaming activities within the jurisdiction of the Tribe.

1.2.9 Ensure that the Tribe provide a fair and impartial forum for the resolution of

gaming disputes.

1.3 Tribal Policy of Self-Government. The Tribe is firmly committed to the principle of

tribal self-government. Consistent with federal policy, tribal government provides a wide range of

public services on the Reservation, including general governmental services, maintenance of peace

and good order, establishment of educational systems and programs, and promotion and regulation

of economic activities within the sovereign jurisdiction of the Tribe.

1.4 Tribal Gaming Policy. The establishment, promotion, and operation of gaming is

necessary and desirable, provided that such gaming is regulated and controlled by the Tribe pursuant

to tribal and federal law and any tribal-state gaming compact entered into pursuant to the Indian

Gaming Regulatory Act, and that all proceeds of such gaming are used for the benefit of the Tribe

as required by the Indian Gaming Regulatory Act and tribal law. When operated in accordance with

the provisions of this Code, such gaming will be conducive to the general welfare of all residents of

the Reservation.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 2

OCTOBER , 1993

RESOLUTION NO. 94-
Section 2. Definitions.

In this Code, except where otherwise specifically provided or where the context otherwise

requires, the following terms and expressions shall have the following meanings:

2.1 Adjusted gross proceeds means gross proceeds less all cash prizes or the aggregate

price of merchandise prizes, except in the case of the games of draw poker and stud poker.

Regarding games of draw poker and stud poker, adjusted gross proceeds means the time buy-ins or

tournament fees collected by the gaming operator.

2.2 Bingo means the game of chance commonly known as bingo (whether or not

electronic, computer, or other technologic aids are used in connection therewith) which is played for

prizes, including monetary prizes, with cards bearing numbers or other designations, in which the

holder of each card covers such numbers or designations when objects similarly numbered or

designated are drawn or electronically determined, and in which the game is won by the first person

covering a previously designated arrangement of numbers or designations on such cards, including (if

played in the same location) pull-tabs, lotto, punch boards, tip-jars, instant bingo, and other games

similar to bingo.

2.3 Charitable gaming ticket means any game piece used in the play of a paper pull tab

game, or jar ticket game, or raffle.

2.4 Cheating means operating or playing in any game in a manner in violation of the

written or commonly understood rules of the game, with the intent to create for oneself or someone

in privity with one an advantage over and above the chance of the game.

2.5 Code means this Code, the Saginaw Chippewa Gaming Code, as now or hereafter

amended.

2.6 Compact means a gaming compact between the Tribe and the State of Michigan as

authorized by the Indian Gaming Regulatory Act (IGRA), or by tribal or state law.

2.7 Compensation means all wages, salaries, bonuses, and all other forms of

remuneration for services rendered.

2.8 Council or Tribal Council means the governing body of the Saginaw Chippewa

Indian Tribe.

2.9 Educational, charitable, patriotic, veterans, fraternal, religious, civic, or public-spirited uses are:

2.9.1 Uses benefiting an indefinite number of people by bringing them under the

influence of educational or cultural programs.

2.9.2 Uses otherwise lessening the burden of tribal government.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 3

OCTOBER , 1993

RESOLUTION NO. 94-_
2.9.3 Uses benefiting one or more persons suffering from a seriously disabling

disease or injury causing severe loss of income or incurring extraordinaiy medical expense that

is uncompensated by insurance.

2.9.4 Uses for community service projects that promote the common good, enhance

the social and economic welfare of the community, and benefit an indefinite number of

people.

2.10 Electronic games of chance means electronic games featuring coin drop and payout

as well as printed tabulations, whereby the software of the device predetermined the presence or lack

of a wining combination and payout. Electronic games of chance are microprocessor controlled

electronic devices which allow a player to play games of chance, which may be affected by an element

of skill, activated by the insertion of a coin or currency, or by the use of a credit, and awards game

credits, cash, tokens, or replays, or a written statement of the players accumulated credits, which

written statements are redeemable for cash.

2.11 Eligible organization means any nonprofit organization operated for educational,

charitable, patriotic, veterans, fraternal, religious, civic, or public-spirited uses, or for the relief of

poverty, distress, or other condition on the Isabella Reservation.

2.12 Equipment for games of chance. See Gaming Apparatus.

2.13 Game or game of chance means any activity which falls within the broad definition

of gaming or gaming activity.

2.14 Gaming employee means any natural person employed in the operation or

management of each gaming activity or operation, whether employed by or contracted to the Tribe

or by any person or enterprise providing on or off-site services to the Tribe within or without the

gaming facility regarding any gaming activity or operation, including, but not limited to, gaming

operation managers and assistant managers; accounting personnel; surveillance personnel; cashier

supervisors; dealers or croupiers; box men; floormen; pit bosses; shift bosses; cage personnel;

collection personnel; gaming consultants, management companies and their principals; and any other

natural person whose employment duties require or authorize access to restricted areas of each

gaming activity or operation not otherwise open to the public.

2.15 Gaming or gaming activity means any activity, operation or game in which valuable

consideration is wagered upon the outcome determined in whole or in part by chance, skill, speed,

strength, or endurance or any combination of strength or endurance, and in which something of value

is awarded to a person or persons so wagering, and any activity in furtherance thereof, including

owning, financing, managing, participating in, conducting, or assisting in any way in any such activity

at the site at which it is being conducted, directly or indirectly, whether at the site in person or off

the Reservation.

2.16 Gaming apparatus or gaming equipment means any device, machine, paraphernalia, or equipment that is used or usable in the playing phases of any gaming activity, whether or not

specifically designed for the purpose, but excluding tables and chairs normally used in the occupancy

of any gaming facility.

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Indian Tribe of Michigan Page 4

OCFOBER , 1993

RESOLUTION NO. 94-_
2.17 Gaming facility means any location or structure, stationary or movable, where gaming

is permitted, promoted, performed, conducted, or operated. Gaining facility does not include the site

of a fair, carnival, exposition, or similar occasion.

2.18 Gaming Operator means a person who has obtained a gaming license under this

Code or who is otherwise permitted by this Code to perform, promote, conduct, or operate any

gaming activity on Indian lands.

2.19 Gross proceeds means any money collected or received from any gaming activity.

2.20 Indian Gaming Regulatory Act or IGRA means Public Law 100-497, 102 Stat. 2426,

25 U.S.C. §~2701-2721 (1988), as amended.

2.21 Immediate Family means, with respect to the person under consideration, a husband,

wife, father, mother, son, daughter, brother, sister, father-in-law, mother-in-law, son-in-law,

daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter,

stepbrother, stepsister, half brother, or half sister.

2.22 Indian land? means:

2.22.1 all lands within the limits of the Isabella Reservation, notwithstanding the

issuance of any patent and including rights-of-way running through such lands; and

2.22.2 all lands title to which is either held in trust by the United States for the

benefit of the Tribe or individual member of the Tribe or held by the Tribe or individual member of

the Tribe subject to restriction by the United States against alienation and over which the Tribe

possesses governmental powers; and

2.22.3 all lands within the State of Michigan which may be acquired by the Tribe and

which meet the requirements of Section 20 of the IGRA, 25 U.S.C. * 2719.

2.23 IRS means the United States Internal Revenue Service.

2.24 Key employee means:

2.24.1 Any person involved in gaming under this Code and who comes under one or

more of the following descriptions:

2.24.1.1 Bingo caller;

2.24.1.2 Counting room supervisor;

2.24.1.3 Chief of security;

2.24.1.4 Custodian of gaming supplies or cash;

2.24.1.5 Floor manager;

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Indian Tribe of Michigan Page 5

OCTOBER ._, 1993

RESOLUTION NO. 94-
2.24.1.6 Pit boss;

2.24.1.7 Dealer;

2.24.1.8 Croupier;

2.24.1.9 Approver of credit;

2.24.1.10 Custodian of gambling devices including persons with access

to cash and accounting records within such devices;

2.24.1.11 Employee or any other person with access to finance or

accounting offices; or

2.24.1.12 Any person authorized to make on-site repairs, adjustments or

alterations to any piece of gaming equipment.

2.24.2 If not otherwise included, any other person whose total cash compensation

derived from gaming subject to this Code is in excess of $50,000 per year; ~j,

2.24.3 If not otherwise included, the four most highly compensated persons in any

gaming activity subject to this Code; ~

2.24.4 any employee whom the Tribal Commission may by written notice classify as

a key employee.

2.25 License means any official, legal, and revocable permission granted by the Tribal

Commission pursuant to this Code to an applicant to conduct any gaming activity on Indian lands.

2.26 Lotto means a form of gaming in which all or a part of the proceeds derived from

the sale of tickets or chances are pooled and such proceeds are allotted by chance to one or more

chance takers or ticket purchasers. The amount of cash prizes or winnings are determined by the

gaming operator conducting the lotteiy and a progressive pool is permitted.

2.27 Net proceeds means adjusted gross proceeds less expenses, fees, charges, and any

other deductions as are specifically authorized under this Code.

2.28 Participate in any gaming activity means to operate, direct, finance, or in any way

assist in the establishment or operation of any class of gaming or any site at which such gaming is

being conducted, directly or indirectly, whether at the site in person or off the Reservation.

2.29 Person means any individual, partnership, joint venture, corporation, joint stock

company, company, firm, association, trust, estate, club, business trust, municipal corporation, society,

receiver, assignee, trustee in bankruptcy, political entity, and any owner, director, officer, or employee

of any such entity, or any group of individuals acting as a unit, whether mutual, cooperative, fraternal,

nonprofit, or otherwise, the government of the Tribe, any governmental entity of the Tribe, or any

of the above listed forms of business entities that are wholly owned or operated by the Tribe;

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 6

OCTOBER __ 1993

RESOLUTION NO. 94-_
provided, however, that the term does not include the federal government and any agency thereof.

2.30 Player means a person participating in any game, but does not include a gaming

operator.

2.31 Primary Management Official means

2.31.1 The person having management responsibility for a management contract

approved by the National Indian Gaming Commission; or

2.31.2 Any person who has authority:

2.31.2.1 To hire and fire gaming employees; or

2.31.2.2 To set up working policy for a gaming enterprise; or

2.31.3 The chief financial officer or other person who has financial management

responsibility for a gaming activity.

2.32 Principal means with respect to any management contractor: (1) each of its officers

and directors; (ii) each of its principal management employees, including any chief executive officer,

chief financial officer, chief operating officer, or general manager; (iii) each of its owners or partners,

if it is an unincorporated business; (iv) each of its shareholders who owns more than ten percent of

the shares of the corporation, if a corporation; and (v) each person other than a banking institution

who has provided financing for the enterprise constituting more than ten percent of the total

financing of the enterprise.

2.33 Progressive gaming means any game in which a cash prize not being won by any

player during any game is retained and further monetarily enhanced by the gaming operator or

eligible organization, and offered as a prize to players in the next game.

2.34 Pull-tabs, punchboards, and tip jars means any disposable card, board, ticket, or

display which accords the player an opportunity to win something of value by opening, puffing,

detaching, or otherwise removing or uncovering tabs or covers from the card, board, ticket, or display

to reveal a set of numbers, letters, symbols, configurations, or combinations thereof which have been

previously specified as a winning combination.

2.35 Raffle means any gaming in which each player buys a ticket for a chance to win a

prize, with the winner determined by a random method. Raffle does not include slot machines.

2.36 Reservation means the Isabella Reservation, including all lands lying within the outer

boundaries of the six townships set aside for the Saginaw Chippewa Indian Tribe under the Treaty

of August 2, 1855 and confirmed by the Treaty of October 18, 1864, notwithstanding the issuance of

any patent and including rights-of-way running through such lands, and all other lands added thereto

by Executive Order, Act of Congress, or otherwise under federal law.

For purposes of Class ifi gaming only, the term Reservation shall have the meaning

contained in Section (2)(E) of the Class ifi compact between the Saginaw Chippewa Tribe and the

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 7

OCTOBER , 1993

RESOLUTION NO. 94-_
State of Michigan for so long as that subsection is legally applicable by its own terms or under

applicable law.

2.37 State means the State of Michigan.

2.38 Tribal Commission means the Saginaw Chippewa Tribal Fund Raising Commission

described in Section 4 of this Code.

2.39 Tribe means and Tribal refers to the Saginaw Chippewa Indian Tribe of Michigan,

a federally recognized Indian tribe acting through the duly elected Tribal Council pursuant to the

tribal constitution and bylaws, unless the context clearly indicates a general meaning.

2.40 Twenty-one, also known as blackjack, means a card game played by a maximum of

seven players and one dealer where each player plays his hand against the dealers hand with the

object of obtaining a higher total card value than the dealer by reaching 21 or as close to 21 as

possible without exceeding that count. The cards have the following value:

2.40.1 Aces count either one or 11, at the players option.

2.40.2 Kings, queens, and jacks each have a count of ten.

2.40.3 All other cards are counted at their face value.

2.41 Wager means the bet made or consideration or value given by a player in any game.

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Indian Tribe of Michigan Page 8

OCFOBER , 1993

RESOLUTION NO. 94-
Section 3. General Provisions.

3.1 Authority and Sovereign Powers and Responsibilities. This Code is enacted pursuant

to the inherent sovereign powers of the Tribe and the powers expressly delegated to the Tribal

Council by Article VI of the Tribal Constitution.

3.2 ApplicatIon of Federal Policy. In 1970 President Nixon announced the policy of the

United States government to promote self-determination for Indian tribes. At the heart of this policy

is a commitment by the federal government to foster and encourage tribal self-government, economic

development, and self-sufficiency. That commitment was signed into law in 1975 as the Indian

Self-Determination and Education Assistance Act, Public Law 93-638, 88 Stat. 2203, 25 U.S.C.

§~450-450n. In 1983 President Reagan reaffirmed that commitment in his Indian policy statement,

encouraged tribes to reduce their dependence on federal funds by generating more of their own

revenues, and pledged to assist tribes in that endeavor.

In 1988 the federal commitment to promote tribal economic development, tribal

self-sufficiency, and strong tribal government was expressly legislated in the Indian Gaming

Regulatory Act (IGRA), Public Law 100-497, 102 Stat. 2426, 25 U.S.C. §* 2701, et sep (1988),

which recognized the inherent sovereign right of tribes to operate and their exclusive right to regulate

on Indian lands gaming which is not specifically prohibited by federal law and is conducted within a

state which does not, as a matter of criminal law and public policy, prohibit such gaming, and

provided a federal statutory basis for operation and regulation of Indian gaming.

3.3 Saginaw Tribal Policy of Self-Government. The Tribe is firmly committed to the

principal of tribal self-government. Consistent with federal policy, tribal government provides a wide

range of public services on the Reservation, including general governmental services, the maintenance

of peace and good order, the establishment of educational systems and programs, and the promotion

and regulation of economic activities within the sovereign jurisdiction of the Tribe.

3.4 Title, Repeal of Prior Laws, and Effect of Repeal. This Code may be cited as the

Saginaw Chippewa Gaming Code. The Code shall be appropriately inserted in the Saginaw Chippewa

Tribal Code.

All ordinances of the Tribe and all titles, chapters, and sections of the Tribal Code that

pertain to gaming and are in effect as of the effective date of this Code are hereby repealed, and all

other tribal laws or parts thereof inconsistent with the provisions of this Code are hereby repealed.

Repeal of this Code or any portion thereof shall not have the effect of reviving any prior

tribal law theretofore repealed or suspended.

3.5 Classes of Gaming. There are three classes of gaming on Indian lands under this

Code:

3.5.1 Class I Gaming means social gaming solely for prizes of minimal value or

traditional forms of Indian gaming engaged in by individuals as a part of or in connection with

tribal ceremonies or celebration.

3.5.2 Class II Gaming means

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 9

OCTOBER , 1993

RESOLUTION NO. 94-_
3.5.2.1 The game of chance commonly known as bingo (whether or not

electronic, computer, or other technologic aids are used in connection therewith),

which is played for prizes, including monetazy prizes, with cards bearing numbers or

other designations, in which the holder of the card covers such numbers or

designations when objects similarly numbered or designated are drawn or

electronically determined, and in which the game is won by the first person covering

a previously designated arrangement of numbers or designations on such cards,

including (if played at the same location) pull-tabs, lotto, punch boards, tip jars,

instant bingo, and other games similar to bingo; and

3.5.2.2 All card games operated by the Tribe prior to May 1, 1988.

3.5.2.3 All other card games explicitly authorized or not explicitly prohibited

by the laws of the State and which are played at any location in the State, if played

in conformity with State laws and regulations regarding hours or periods of operation

of such card games or limitations on wagers or pot size in such card games.

3.5.3 Class HI Gaming means all forms of gaming that are not Class I or Class II

gaming.

3.6 Construction. In construing the provisions of this Code, unless the context otherwise

requires, the following rules shall apply:

3.6.1 This Code shall be liberally construed to effect its purpose and to promote

substantial justice.

3.6.2 Words in the present tense include the future and past tenses.

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

number include the singular.

3.6.4 Words of the masculine gender or neuter include masculine and feminine

genders and the neuter.

3.7 Savings Clause. If any section of this Code is invalidated by a court of competent

jurisdiction, the remaining sections shall not be affected thereby.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 10

OCTOBER _, 1993

RESOLUTION NO. 94-~~__
Section 4. Tribal Gaming Commission.

4.1 Establishment. The Tribe hereby charters, creates and establishes the Saginaw

Chippewa Tribal Fund Raising Commission as a governmental subdivision of the Tribe.

4.2 Location and Place of Business. The Tribal Commission shall be a resident of and

maintain its headquarters, principal place of business, and offices on the Isabella Reservation. The

Tribal Commission may, however, establish other places of business in such other locations as the

Tribal Commission may from time to time determine to be in the best interest of the Tribe.

4.3 Duration. The Tribal Commission shall have perpetual existence and succession in

its own name, unless dissolved by the Tribe pursuant to Tribal law.

4.4 Attributes. As a governmental subdivision of the Tribe, the Tribal Commission has

been delegated the right to exercise one or more of the substantial governmental functions of the

Tribe, including regulation of tribal gaming pursuant to the IGRA and tribal law. It is the purpose

and intent of the Tribe in creating the Tribal Commission that the operations of the Tribal

Commission be conducted on behalf of the Tribe for the sole benefit and interests of the Tribe, its

members, and the residents of the Reservation. In carrying out its purposes under this Code, the

Tribal Commission shall function as an arm of the Tribe. Notwithstanding any authority delegated

to the Tribal Commission under this Code, the Tribe reserves to itself the right to bring suit against

any person or entity in its own right, on behalf of the Tribe or on behalf of the Tribal Commission,

whenever the Tribe deems it necessary to protect the sovereignty, rights, and interests of the Tribe

or the Tribal Commission.

4.5 Recognition as a Political Subdivision of the Tribe. The Tribe, on behalf of the

Tribal Commission, shall take all necessary steps to acquire recognition of the Tribal Commission as

a political subdivision of the Tribe, recognized by all branches of the United States Government as

having been delegated the right to exercise one or more substantial governmental functions of the

Tribe.

4.6 Sovereign Immunity of the Tribal Commission. The Tribal Commission is hereby

clothed with all the privileges and immunities of the Tribe, except as specifically limited by this Title

or other tribal law, including sovereign immunity from suit in any tribal, federal, or state court.

Except as provided in this section, nothing in this Code nor any action of the Tribe or the Tribal

Commission shall be deemed or construed to be a waiver of sovereign immunity from suit of the

Tribal Commission, or to be a consent of the Tribe or the Tribal Commission to the jurisdiction of

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

or the Tribal Commission to any cause of action, case, or controversy, or to the levy of any judgment,

lien or attachment upon any property of the Tribe of the Tribal Commission, or to be a consent of

the Tribe or the Tribal Commission to suit in respect to any Indian land, or to be a consent of the

Tribe or the Tribal Commission to the alienation, attachment, or encumbrance of any such land.

4.7 Sovereign Immunity of the Tribe. All inherent sovereign rights of the Tribe as a

federally recognized Indian tribe with respect to the existence and activities of the Tribal Commission

are hereby expressly reserved, including sovereign immunity from suit in any tribal, federal or state

court. Except as provided in section 4.8 below, nothing in this Code nor any action of the Tribal

Commission shall be deemed or construed to be a waiver of sovereign immunity from suit of the

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Indian Tribe of Michigan Page 11

OCTOBER _, 1993

RESOLUTION NO. 94-_
Tribe, or to be a consent of the Tribe to the jurisdiction of the United States or of any state or of

any other tribe with regard to the business or affairs of the Tribal Commission or the Tribe, or to be

a consent of the Tribe to any cause of action, case, or controversy, or to the levy of any judgment,

lien, or attachment upon any property of the Tribe, or to be a consent to suit in respect to any Indian

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

4.8 Waiver of Sovereign Immunity of the Tribal Commission. Sovereign immunity of the

Tribal Commission may be waived only by express resolutions of both the Tribal Commission and the

Tribal Council after consultation with the Tribes attorneys. All waivers of sovereign immunity must

be preserved by resolution of the Tribal Commission and the Tribal Council of continuing force and

effect. Waivers of sovereign immunity are disfavored and shall be granted only when necessary to

secure a substantial advantage or benefit to the Tribal Commission. Waivers of sovereign immunity

shall not be general but shall be specific and limited as to duration, grantee, transaction, property,

or funds, if any, of the Tribal Commission subject thereto, court having jurisdiction pursuant thereto,

and law applicable thereto. Neither the power to sue and be sued provided in subsection 4.18.22 nor

any express waiver of sovereign immunity by resolution of the Tribal Commission shall be deemed

a consent to the levy of any judgment, lien, or attachment upon property of the Tribal Commission

other than property specifically pledged or assigned, or a consent to suit in respect of any land within

the exterior boundaries of the Reservation or a consent to the alienation, attachment, or

encumbrance of any such land.

4.9 Credit of the Tribe or Tribal Commission. Nothing in this Code nor any activity of

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

Commission.

4.10 Assets of the Tribal Commission. The Tribal Commission shall have only those assets

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

Commission on its own behalf. No activity of the Tribal Commission nor any indebtedness incurred

by it shall implicate or in any way involve or effect any assets of tribal members or the Tribe not

assigned in writing to the Tribal Commission.

4.11 Membership.

4.11.1 Number of Commissioners. The Tribal Commission shall be comprised of

twelve Tribal Gaming Commissioners consisting of the twelve elected members of the Tribal

Council or their designees appointed by the Tribal Council.

4.11.2 Qualification of Commissioners. Each Commissioner must be a member of

the Tribe.

4.11.3 Background Check. Prior to the time that any Tribal Commission member

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

a comprehensive background check on each prospective member. No person shall serve as

a Commissioner if:

4.11.3.1 His prior activities, criminal record, if any, or reputation, habits

or associations:

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OCTOBER , 1993

RESOLUTION NO. 94-_
4.11.3.1.1 Pose a threat to the public interest; or

4.11.3.1.2 Threaten the effective regulation and control of

gaming; or

4.11.3.1.3 Enhance the dangers of unsuitable, unfair, or illegal

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

4.11.3.2 He has been convicted of or entered a plea of nob contendere

to a felony or any gaming offense in any jurisdiction or to a misdemeanor involving

dishonesty or moral turpitude; or

4.11.3.3 He or any member of his immediate family has a financial

interest in any gaming activity or facility; or

4.11.3.4 A member of his immediate family is employed as an employee

in any tribal gaming activity.

4.11.4 Date of Appointment. Each member of the Tribal Commission shall take

office no later than one week after a new Tribal Council is sworn in following a tribal

election.

The Councils appointment of any Tribal Commission member who is not a member

of the Tribal Council shall be by resolution.

4.12 Term of Office. Each Commissioner shall serve a term of two years to coincide with

the term of Tribal Council members. No member shall serve more than five terms. No person shall

remain on the Tribal Commission after leaving or being removed from the Council.

4.13 Ex-Officlo Members. At the direction of the Tribal Council, any member of the

Tribal Council, any Tribal or Bureau of Indian Affairs employee or any other person may be

designated to participate, without vote, in Tribal Commission meetings.

4.14 Meetings.

4.14.1 Regular Meetings. The Tribal Commission shall hold at least one regular

monthly meeting which shall take place on the first Monday of each month, or as otherwise

determined by the Tribal Commission.

4.14.2 Special Meetings. Special meetings may be called at the request of the Tribal

Council, the Chairman of the Tribal Commission or 4 or more members of the Tribal

Commission.

4.143 Compensation of Commissioners. An honorarium may be paid for attendance

at each meeting.

4.14.4 Quorum. A quorum for all meetings shall consist of six members.

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OCTOBER _, 1993

RESOLUTION NO. 94-_
4.14.5 Voting. All questions arising in connection with the action of the Tribal

Commission shall be decided by majority vote. The Chairman of the Tribal Commission shall

only be entitled to vote to break a tie.

4.15 Organization. The Tribal Commission shall develop its own operating procedures and

shall elect from within itself a Chairman to direct meetings, a reporter to be responsible for keeping

Tribal Commission minutes and transmitting to the Tribal Council a copy of those minutes, handling

correspondence and reporting Tribal Commission decisions, and such other officers as the Tribal

Council deems advisable.

4.16 Removal of Members or Vacancies.

4.16.1 Removal. A Commissioner may be removed by the Council for serious

inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or

for any conduct which threatens the honesty or integrity of the Tribal Commission or

otherwise violates the letter or intent of this Code. Except as provided below, no

Commissioner may be removed without notice and an opportunity for a hearing before the

Council, and then only after the Commissioner has been given written notice of the specific

charges at least ten days prior to such hearing. At any such hearing, the Commissioner shall

have the opportunity to be heard in person or by counsel and to present witnesses on his

behalf. If the Council determines that immediate removal of a Commissioner is necessary to

protect the interests of the Tribe, the Council may immediately remove the Commissioner

temporarily, and the question of permanent removal shall be determined thereafter pursuant

to Tribal Commission hearing procedures. A written record of all removal proceedings

together with the charges and findings thereon shall be kept by the Tribal Secretary. The

decision of the Council upon the removal of a Commissioner shall be final.

4.16.2 Vacancies. If any Commissioner shall die, resign, be removed, or for any

reason be unable to serve as a Commissioner, the Council shall declare his position vacant

and shall appoint another person to fill the position. The terms of office of each person

appointed to replace an initial Commissioner shall be for the balance of any unexpired term

for such position, provided, however, that any prospective appointee must meet the

qualifications established by this Code.

4.17 Conflict of Interest. No person shall be appointed or continue serving as a

Commissioner if he has any personal, business, or legal relationship that creates a conflict of interest

with his duties and responsibilities as a Commissioner.

4.18 Powers of the Tribal Commission. In furtherance, but not in limitation, of the Tribal

Commissions purposes and responsibilities, and subject to any restrictions contained in this Code or

other applicable law, the Tribal Commission shall have and is authorized to exercise by majority vote

the following powers in addition to all powers already conferred by this C~de:

4.18.1 To oversee the day-to-day operation of and to supervise, inspect and regulate

all gaming activities within the jurisdiction of the Tribe.

4.18.2 To promote the full and proper enforcement of this Code and other applicable

law regarding gaming activities within the jurisdiction of the Tribe.

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OCTOBER 1993

RESOLUTION NO. 94-_
4.18.3 To enact and enforce such rules and regulations regarding its activities and

governing its internal affairs as the Tribal Commission may deem necessary and proper to

effectuate the powers granted by this Code and the powers granted and duties imposed by

applicable law.

4.18.4 To publish and distribute copies of this Code and Tribal Commission rules and

any Council, Tribal Commission, or Tribal Court decisions regarding gaming matters.

4.18.5 To prepare and submit for Council approval proposals, including budget and

monetary proposals, which could enable the Tribe to better carry forth the policies and intent

of this Code.

4.18.6 To work with the staff of any tribal department, program, project, or operation

and to cooperate with the Tribal Council or any Council Committee in regard to gaming

issues.

4.18.7 To make or cause to be made by its agents or employees, an examination or

investigation of the place of business, equipment, facilities, tangible personal property, and

the books, records, papers, vouchers, accounts, documents, and financial statements of any

game or gaming activity operating, or suspected of operating, within the jurisdiction of the

Tribe. In undertaking such examination or investigation, the Tribal Commission may request

the assistance of tribal gaming staff, federal and local law officials, legal counsel, and other

third parties.

4.18.8 To maintain and keep current a record of new developments in the area of

Indian gaming.

4.18.9 To request the assistance of the Tribal Court or Tribal Appellate Court in

conducting gaming hearings, defining terms used in this Code or other tribal laws, or in any

other matter in which the Tribal Commission deems such assistance to be necessary or proper.

4.18.10 To consider any gaming matter brought before it by any person,

organization or business, and all matters referred to it by the Tribal Council.

4.18.11 To obtain and publish a summary of federal revenue laws relating to

gaming and to insure compliance with the same.

4.18.12 To arrange for training of Tribal Commission members, tribal

employees and others in areas relating to the regulation or operation of gaming.

4.18.13 Upon prior explicit written approval of the Council, to employ such

advisors as it may deem necessary. Advisors may include, but shall not be limited to, law

enforcement specialists and gaming professionals, the Tribes general or special counsel, and

the Tribes accountants.

4.18.14 To make recommendations to the Council on the hiring of all

supervisory gaming employees.

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RESOLUTION NO. 94-_
4.18.15 To promulgate rules and regulations to implement and further the

provisions of this Code.

4.18.16 To approve or disapprove any application for a tribal gaming license.

4.18.17 To consult with and make recommendations to the Tribal Council

regarding changes in tribal gaming laws and policies.

4.18.18 To examine under oath, either orally or in writing, in hearings or

otherwise, any person or agent, officer or employee of any person, or any other witness, with

respect to any matters related to this Code, including enforcement of tribal gaming laws,

regulations, and policies, and to compel by subpoena the attendance of witnesses and the

production of any books, records, and papers with respect thereto.

4.18.19 When necessary or appropriate, to request the assistance and utilize

the services of the courts, law enforcement and government officials and agencies, and private

parties in exercising its powers and cariying out its responsibilities.

4.18.20 To delegate to an individual member or members of the Tribal

Commission, or, with the approval of the Tribal Council, to Tribal Commission staff, such of

its functions as may be necessary to administer this Code efficiently; provided that the Tribal

Commission may not re-delegate its power to exercise any substantial governmental function

of the Tribe or its power to promulgate rules and regulations; and provided further that the

Tribal Commission may not delegate to anyone the power to permanently revoke a tribal

gaming license.

4.18.21 To permanently close, after notice and hearing, any game or games

which are operating in violation of tribal law.

4.18.22 To sue orbe sued in courts of competent jurisdiction within the United

States and Canada, subject to the provisions of this Code and other tribal laws relating to

sovereign immunity; provided that no suit shall be brought by the Tribal Commission without

the prior explicit written approval of the Tribal Council.

4.18.23 To use the seal of the Tribe with the approval of the Tribal Council.

4.18.24 To purchase, lease, take by gift, devise or bequest, or otherwise

acquire, own, hold, improve, and use property and assets of every description, real and

personal, tangible or intangible, including money, securities, or any interests therein, rights

and services of any kind and description or any interest therein; provided that the Tribal

Commission shall have authority to purchase any interest in real property, whether located

on or off the Reservation, only with the express, prior written consent of the Tribal Council

as to each such action, and that title to such real property and property which is to become

a fixture or permanent improvement or part of the real property shall be taken in the name

of the Tribe or in the name of the United States in trust for the Tribe, and title to all trust

and restricted real property shall remain in trust or restricted status.

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OCTOBER , 1993

RESOLUTION NO. 94-_
4.18.25 To sell, convey, mortgage, pledge, lease, exchange, transfer, and

otherwise dispose of all or any part of its personal property and assets.

4.18.26 To deal in inventions, copyrights, and trademarks; to acquire by

application, assignment, purchase, exchange, lease, hire, or otherwise; and to hold, own, use,

license, lease and sell, either alone or in conjunction with others, the absolute or any partial

or qualified interest in and to inventions, improvement, letters patent and applications

therefor, licenses, formulas, privileges, processes, copyrights and applications therefor,

trademarks and applications therefor, and trade names, provided that title to all such interests

shall be taken in the name of the Tribe.

4.18.27 With the prior permission of the Tribal Council, to borrow money and

to make, accept, endorse, execute and issue bonds, debentures, promissory notes, guarantees,

and other obligations of the Tribal Commission for moneys borrowed, or in payment for

property acquired or for any of the purposes of the Tribal Commission and to secure payment

of any obligations by secured interest, mortgage, pledge, deed, indenture, agreement, or other

instrument of trust or by other lien upon, assignment of, or agreement in regard to all or any

part of the property, rights, or privileges of the Tribal Commission.

4.18.28 To arbitrate, compromise, negotiate, or settle any dispute to which it

is a party relating to the Tribal Commissions authorized activities.

4.18.29 To enter into, make, perform, and carry out any agreement,

partnership, joint venture contract, or other undertaking with any federal, state, or local

governmental agency, tribe, person, partnership, corporation, or other association or entity

for any lawful purpose pertaining to the business of the Tribal Commission or which is

necessary or incidental to the accomplishment of the purposes of the Tribal Commission.

4.18.30 To invest and reinvest its funds in such mortgages, bonds, notes,

debentures, share of preferred and common stock, and any other securities of any kind

whatsoever, and property, real, personal or mixed, tangible or intangible, as the Tribal

Commission shall deem advisable and as may be permitted under applicable law, provided that

the Tribal Commission shall have authority to invest or reinvest in real property, whether

located on or off the Reservation, subject to the restrictions set forth in subsection 4.18.27

above.

4.18.3 1 To exercise the tribal power to tax authorized by the Saginaw

Chippewa Tribal Constitution in accordance with a Council resolution delegating such power

to the Tribal Commission and in accordance with this Code and other applicable law.

4.18.32 To purchase insurance from any stock or mutual company for any

property, or against any risk or hazard.

4.18.33 To engage in any and all activities which directly or indirectly carry out

the purposes of the Tribe as set forth in this Code.

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OCTOBER , 1993

RESOLUTION NO. 94-
4.18.34 With prior approval of the Tribal Council, to make application and

accept grants and other awards from private and governmental sources in carrying out or

furthering the purposes of the Tribal Commission or the Tribe.

4.18.35 To exercise all authority delegated to it or conferred upon it by law

and to take all action which shall be reasonably necessary and proper for carrying into

execution the foregoing powers and all of the powers vested in this Code as permitted by the

purposes and powers herein stated and which are deemed to be in the best interests of the

Tribe, exercising prudent management and good business judgment, all in compliance with

applicable law.

4.18.36 To establish and maintain such bank accounts as may be necessary or

convenient.

4.18.37 To require by regulation the filing of any records, forms, and reports

and all other information desired by the Council for implementation of this Code relating to

any gaming activity or operation or any investigation as required by tribal law and the IGRA.

4.18.38 To provide for an internal system of recordkeeping with adequate

safeguards for preserving confidentiality as deemed necessary by the Tribal Commission. All

applications, background investigations and Tribal Commission decisions shall be retained in

Tribal Commission files for a period of at least 10 years.

4.18.39 To adopt a schedule of fees to be charged for gaming licenses issued

pursuant to this Code.

4.18.40 To adopt a schedule of fees and charges for services rendered relating

to transcripts and the furnishing or certi1~ring of copies of proceedings, files, and records.

4.18.41 To conduct background investigations of all persons who propose to

participate in any gaming activity or operation.

4.18.42 To compel obedience of its lawful orders by proceedings of mandamus

or injunction or other proper proceedings in the name of the Tribe in Tribal Court or in any

other court having jurisdiction of the parties and of the subject matter; provided that no suit

shall be brought by the Tribal Commission without the prior explicit written approval of the

Tribal Council after consultation with the Tribal attorneys.

4.18.43 To discipline any licensee or other person participating in any gaming

activity by ordering immediate compliance with this Code or Tribal Commission regulations

and to issue an order of temporary suspension of any license issued under this Code,

whenever the Tribal Commission is notified of a violation by any such person of this Code

or any other applicable law.

4.18.44 To issue an order of temporary closure of any gaming activity or

operation in the event the Tribal Commission determines that immediate closure is necessary

to protect assets or interests of the Tribe, pursuant to Tribal Commission regulations, or

whenever the Tribal Commission shall receive information from the National Indian Gaming

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 18

OCTOBER , 1993

RESOLUTION NO. 94-
Commission that a priniazy management official or key employee of an licensee does not meet

the standards for being licensed under the IGRA.

4.18.45 To become self-regulating whenever the Tribe becomes eligible for a

certificate of self-regulation under the IGRA.

4.19 Annual Budget The Tribal Commission shall prepare an annual operating budget for

all Tribal Commission activities and present it to the Council by August 15th of each year.

4.20 Tribal Commission Regulations.

4.20.1 Tribal Commission regulations necessary to carry out the orderly performance

of its duties and powers shall include, but shall not be limited to:

4.20.1.1 Internal operational procedures of the Tribal Commission and

its staff;

4.20.1.2 Interpretation and application of this Code as maybe necessary

to carry out the Tribal Commissions duties and exercise its powers;

4.20.1.3 A regulatory system for all gaming activity, including

accounting, contracting, management, and supervision;

4.20.1.4 The findings of any reports or other information required by

or necessary to implement this Code; and

4.20.1.5 The conduct of inspections, investigations, hearings,

enforcement actions, and other powers of the Tribal Commission authorized by this

Code.

4.20.2 No regulation of the Tribal Commission shall be of any force or effect unless

it is adopted by the Tribal Commission by written resolution and subsequently approved by

a resolution of the Tribal Council and filed for record both in the office of the Tribal

Secretary and in the Office of the Clerk of the Tribal Court.

4.20.3 The Tribal Court and any other court of competent jurisdiction shall take

judicial notice of all Tribal Commission regulations adopted pursuant to this Code.

4.21 Right of Entrance; Monthly Inspection. The Tribal Commission and duly authorized

officers and employees of the Tribal Commission, during regular business hours, may enter upon any

premises of any gaming operator or gaming facility for the purpose of making inspections and

examining the accounts, books, papers, and documents of any such gaming operator or gaming facility.

Such gaming operator shall facilitate such inspection or examinations by giving every reasonable aid

to the Tribal Commission and to any properly authorized officer or employee.

A Commissioner or a member of the Tribal Commissions staff shall visit each tribally owned

or tribally operated gaming facility at least once every two weeks during normal business hours for

the purpose of monitoring its operation. Such visits shall be unannounced.

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OCTOBER , 1993

RESOLUTION NO. 94-
4.22 Investigations. The Tribal Commission, upon complaint or upon its own initiative or

whenever it may deem it necessary in the performance of its duties or the exercise of its powers, may

investigate and examine the operation and premises of any person who is subject to the provisions

of this Code. In conducting such investigation, the Tribal Commission may proceed either with or

without a hearing as it may deem best, but it shall make no order without affording any affected party

notice and an opportunity for a hearing pursuant to Tribal Commission regulations.

4.23 Hearings; Examiner. Pursuant to regulations, the Tribal Commission may hold any

hearing it deems to be reasonably required in administration of its powers and duties under this Code.

Whenever it shall appear to the satisfaction of the Tribal Commission that all of the interested parties

involved in any proposed hearing have agreed concerning the matter at hand, the Tribal Commission

may issue its order without a hearing.

The Tribal Commission may designate one of its members to act as examiner for the purpose

of holding any such hearing or the Tribal Commission may appoint another person to act as examiner

under subsection 4.24 below. The Tribal Commission shall provide reasonable notice and the right

to present oral or written testimony to all people interested therein as determined by the Tribal

Commission.

4.24 Appointment of Examiner~ Power of Examiner. The Tribal Commission may appoint

any person qualified in the law or possessing knowledge or expertise in the subject matter of the

hearing to act as examiner for the purpose of holding any hearing which the Tribal Commission or

any member thereof has power or authority to hold. Any such appointment shall constitute a

delegation to such examiner of all powers of a Commissioner under this Code with respect to any

such hearing.

4.25 Bank Account for Tribally Owned or Tribally Managed Gaming Facility. The Tribal

Commission shall ensure that the Tribe opens a separate bank account for each tribally owned or

tribally managed gaming activity, and all money of such facility shall be deposited in that account.

The Tribal Commission shall determine who shall have check writing authority from such account.

4.26 Quarterly Report of Tribal General Manager Reports. The Tribal Commission shall

file a quarterly report with the Council summarizing reports received from each manager of any

tribally owned or managed gaming activity and make such comments as it deems necessary to keep

the Council fully informed as to the status of its various gaming activities.

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OCTOBER , 1993

RESOLUTION NO. 94-
Section 5. Gaming Licenses.

5.1 Applicability. This Code applies to all persons engaged in gaming within the

jurisdiction of the Tribe. Any application for license pursuant to this Code and participation in any

gaming activity within the jurisdiction of the Tribe shall be deemed to be a consent to the jurisdiction

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

matters arising under any of the provisions of this Code or other tribal laws.

5.2 License Required. No person shall operate Class H or Class HI gaming within the

jurisdiction of the Tribe unless such gaming is licensed by the Tribe. A separate tribal gaming license

shall be obtained for each game authorized by Section 10.

5.3 Types of Licenses. The Tribe shall issue each of the following types of gaming

licenses:

53.1 Tribally Owned or Tribally Operated Class II. This license shall be required

of all tribally owned or tribally operated gaming activity operating one or more Class II games

of chance.

53.2 Tribally Owned or Tribally Operated Class III. This license shall be required

for all tribally owned or operated gaming activity operating any games of chance other than

Class I or Class H gaming.

5.4 No License Requirement for Class I Gaming. A tribal license shall not be required

for any Class I gaming activity or operation provided, however, that each Class I gaming activity or

operation must have written permission of the Tribal Commission, and such permission must be on

file with the Tribal Secretary before any such Class I gaming is conducted.

5.5 Application Procedures.

5.5.1 Application for Gaming License. For any proposed Class H or Class ifi

gaming activity, the Council shall file with the Tribal Commission an application for a tribally owned

or tribally operated Class II or Class Ill gaming license, whichever is appropriate, which shall contain

the name of the proposed enterprise, its location, and all other pertinent information required by this

Code and Tribal Commission regulations.

5.5.2 Tribally Owned and Tribally Operated Class II. Before issuing a license to

a tribally owned or operated Class H gaming activity the Tribal Commission shall:

5.5.2.1 Review the proposed gaming activity to ensure that all criteria required

by this Code shall be met.

5.5.2.2 Perform the necessary background checks on management contractors,

primary management officials, and key employees required by this Code.

5.5.2.3 Review and approve the accounting procedures to be used in such

gaming activity.

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OCTOBER , 1993

RESOLUTION NO. 94-_
5.5.2.4 Take any additional steps necessary to ensure the integrity of such

gaming activity.

5.5.3 Tribally Owned and Tribally Operated Class ifi. Before issuing a license to

a tribally owned or operated Class ifi gaming activity the Tribal Commission shall:

5.5.3.1 Review the proposed gaming activity to ensure that all criteria required

by this Code shall be met.

5.5.3.2 Perform the necessary background checks on management contractors,

primary management officials, and key employees required by this Code.

5.5.3.3 Review and approve the accounting procedures to be used in such

gaming activity.

5.5.3.4 Take any additional steps necessary to ensure the integrity of such

gaming activity.

5.5.3.5 Review all aspects of the proposed gaming operation to ensure that

it will be in compliance with the provisions of the applicable tribal-state gaming

compact.

5.6 Criteria Which a Potential Gaming Operator Must Meet. The Tribal Commission

shall issue the above license to any tribally owned or tribally operated Class II or Class Ill proposed

gaming activity only if all of the following criteria are met:

5.6.1 The proposed gaming activity or facility is to be located on land which was

held in trust for the Tribe prior to October 17, 1988 or on trust lands which were located

within or contiguous to the boundaries of the Reservation on October 17, 1988 or on lands

taken into trust after October 17, 1988 as a settlement of a claim.

5.6.2 The proposed gaming activity is to be played as Class II gaming as defined by

this Code and the IGRA or as Class ifi gaming authorized by a tribal-state gaming compact.

5.6.3 The proposed gaming activity is authorized by a Tribal Council resolution.

5.6.4 The Tribe will have the sole proprietary interest and the exclusive

responsibility for the conduct of the proposed gaming activity. If the Tribe has entered into

a gaming management contract, that contract shall comply in all respects with this Code, any

tribal-state gaming compact and all other applicable law and shall be approved by the

National Indian Gaming Commission.

5.6.5 The resolution authorizing the proposed gaming activity provides that:

5.6.5.1 The revenues of the proposed gaming activity shall be audited annually

and copies of those audits will be provided to the Tribal Commission and the National

Indian Gaming Commission.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 22

OCTOBER , 1993

RESOLUTION NO. 94-_
5.6.5.2 The proposed gaming activity shall comply with all IRS reporting and

filing requirements.

5.6.5.3 All of the net proceeds of the proposed gaming activity shall be used

for the purposes stated in subsection 9.2.

5.6.5.4 All contracts for supplies, services, or concessions for an amount in

excess of $25,000 annually (except contracts for legal and consulting services) shall be

subject to an annual independent audit.

5.6.5.5 The construction or maintenance of the gaming facility and the

operation of the proposed gaming activity shall be conducted in a manner which the

Tribal Commission finds will adequately protect the environment and the public

health and safety.

5.6.5.6 The general manager, all primary management officials, and all key

employees have passed the background investigations and obtained the tribal gaming

employee licenses required by this Code. Each application must state in writing that

all future management officials and key employees will be required to pass

background investigations and obtain tribal gaming employee licenses before they are

hired.

5.6.5.7 The Tribal Commission shall have the authority to regulate the

proposed gaming activity.

5.6.5.8 The proposed gaming activity shall pay to the National Indian Gaming

Commission such fees as federal law may require to be paid.

5.6.5.9 If the gaming activity is Class ifi gaming, such gaming activity meets

all other criteria established by the tribal-state gaming compact.

5.7 License Application Fees. No application fee shall be required for a tribally owned

or tribally operated Class II or Class Ill gaming activity.

5.8 License Tax. No annual license tax shall be required for a tribally owned or tribally

operated Class II or Class ifi gaming operation.

5.9 Form of Gaming License. Every gaming license issued by the Tribal Commission shall

include the name and address of the authorized licensee and the signature of an authorized officer

of the Tribal Commission.

5.10 Scope of Gaming License. A gaming license issued by the Tribal Commission shall

be effective only for the gaming activity and location specified in the application. Such license may

be transferred only upon prior approval of the Tribal Commission upon written request that details

the proposed new gaming activity, its location, and proposed gaming operator.

5.11 Terms of License. A tribally owned and tribally operated Class H and Class HI gaming

license shall be valid for a period of one year from the date of issuance.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 23

OCTOBER , 1993

RESOLUTION NO. 94-_
5.12 Posting of Licenses. Each gaming operator shall post its tribal gaming license in a

conspicuous location at the gaming operators gaming facility. If a gaming operator has more than

one gaming facility, the gaining operator must obtain and post a separate license for each gaming

facility. A gaming operator licensed to sell raffle tickets outside a gaming facility shall carry a copy

of the gaming license under which such person is employed.

5.13 Gaming License Renewals. Each tribal gaming license must be renewed annually.

No renewal fee shall be required for a tribally owned or tribally operated Class II or Class ifi license.

In order to obtain a renewal of a license, the gaming operator shall submit a written renewal

application to the Tribal Commission on the form provided by the Tribal Commission. No renewal

application shall be approved until the annual report required by subsection 5.14 has been properly

filed. All renewal applications submitted by a tribally owned Class H or Class Ill gaming activity shall

be approved within a reasonable time unless the Commission determines, based on reasonable

grounds, that the enterprise has been or will be operated in violation of tribal, federal, or other

applicable law or the terms of the tribal-state gaming compact.

5.14 Annual Reports. Each gaming operator who possesses a Class II or Class ifi tribal

gaming license must file an annual report with the Tribal Commission and the Tribal Council between

the 15th day and the last day of the 12th month of the duration of each such license. The report

shall be submitted to the Tribal Commission on the annual report form provided by the Tribal

Commission and shall include the following information:

5.14.1 The name, address, and telephone number of the gaming operator;

5.14.2 The names, addresses, and titles of its current general manager and all

submanagers;

5.14.3 A description of each gaming activity that it is operated and the total gross

proceeds of each;

5.14.4 A written copy of any changes the gaming operator proposes to initiate in its

rules;

5.14.5 A statement of the specific dates and times during which the gaming activity

will be operated during the next license period;

5.14.6 The name and address of the person who will be the general manager and the

names and addresses of all persons who will be the primary management officials during the

next license period;

5.14.7 A statement of any changes in the general manager or in the primary

management officials or key employees who will operate the gaming activity over the next

license period;

5.14.8 The names and addresses of any employees who the Tribal Commission may

determine to be key employees during review of the application;

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 24

OCTOBER 1993

RESOLUTION NO. 94-.
5.14.9 Written proof that the gaming operator has paid to the National Indian

Gaming Commission such fees as federal and tribal law may require it to pay, and will

continue to do so;

5.14.10 A sworn statement that the gaming operator has complied with the

Internal Revenue Code and regulations, including written notice of customer winnings, and

a statement that the gaming operator shall continue to obey all tribal and federal laws and

shall hold the Tribal Commission and the Tribe harmless for failure to do so;

5.14.11 The description of any location at which the gaming activity has been

conducted and any new location which is expected to be established during the next license

period;

5. 14.12 The number of full-time equivalent persons, on an annualized basis,

employed by the operation during the past 12 months, together with a projection of the

number of full-time equivalent persons who are expected to be employed during the next

license period;

5.14.13 The total gross proceeds of the gaming operator attributable directly

or indirectly to tribally licensed gaming activity over the proceeding 12 months;

5.14.14 A sworn statement that the gaming operator will continue to comply

with all tribal and federal laws applicable to the gaming operators gaming operation;

5.14.15 A sworn statement that the gaming operator and all of its key

employees and management contractors continue to consent to Tribal Court jurisdiction and

service of process in all matters arising from the conduct of tribally licensed gaming activity;

5.14.16 The name, address, and signature of the agent who will accept service

of process on behalf of the gaming operator, who must reside on the Reservation; and

5. 14.17 If the gaming operator is a corporation, a copy of any amendment to

its articles of incorporation, properly certified by the incorporating government, unless a

current copy has already been filed with the Tribal Commission.

5.15 Procedure to Remedy Gaming License Violation. If the Tribal Commission finds that

a tribally owned or operated gaming activity is being operated in violation of this Code or otherwise

presents a threat to the Tribe or to the public, the Tribal Commission shall immediately take all

necessazy steps to bring such activity into compliance, including, but not limited to, closing down such

activity temporarily or permanently pursuant to enforcement procedures and regulations duly

promulgated by the Tribal Commission under this Code. Nothing contained in this Section or in this

Code shall be construed as limiting, restraining or effecting a waiver of the Tribe or the Tribal

Councils right and authority to take appropriate action to remedy any gaming violation pursuant to

tribal and federal law.

Gaming Code of the Saginaw Chippewa Gaining Code

Indian Tribe of Michigan Page 25

OCTOBER , 1993

RESOLUTION NO. 94-
Section 6. Gaming Employee Licenses.

6.1 Current and Valid Gaming Employee License Required. Every primary management

official and every key employee of any Class H or Class II gaming activity subject to this Code shall

possess a current, valid gaming employee license.

6.2 Application for Gaming Employee License.

6.2.1 A person seeking a tribal gaming employee license must be at least 18 years

of age. All applicants shall submit an application to the Tribal Commission on such form and

in such manner as the Tribal Commission may require.

6.2.2 Such application shall include the following information:

6.2.2.1 The applicants name, including all other names used, current home

and work addresses and telephone numbers, social security number, place of birth,

date of birth, citizenship, and drivers license number, as well as the address of his

personal residences over the past five years. If the applicant has resided at his

current address for less than two years, his previous address.

6.2.2.2 The name, address, and telephone number of the gaming facility and

of the gaming operator for whom the applicant intends to work and the specific

location in which the applicant will be employed.

6.2.2.3 The name and job description of the applicants position.

6.2.2.4 The names and addresses of the applicants living parents,

grandparents, spouse, children, brothers, and sisters.

6.2.2.5 A statement as to whether or not the applicant has ever been charged

with a crime, and if so, the charge, the name and address of the court involved, and

the applicants explanation of the outcome of the case, including the date of final

disposition.

6.2.2.6 The names, current addresses, and telephone numbers of three

references who are not related to the applicant and who were acquainted with the

applicant when the applicant was residing at each of the addresses listed in subsection

6.2.2.1.

6.2.2.7 A list of the applicants previous jobs over the preceding five years,

including the name, address and telephone number of his employer, and the position

held.

6.2.2.8 The names and addresses and a brief description of all businesses in

which the applicant currently holds, or has within the last five years held, an

ownership interest.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 26

OCTOBER , 1993

RESOLUTION NO. 94-_
6.2.2.9 A description of any previous employment relationship with an Indian

tribe, including the employee position held, name of the tribe involved and the name

and address of a person who can attest to the accuracy of the information provided.

6.2.2.10 A description of any current or past non-employee business

arrangement which the applicant has had with an Indian tribe, including the name of

the tribe involved and the name and address of a person who can attest to the

accuracy of the information provided.

6.2.2.11 A statement as to whether the applicant has had any past

employment with, or ownership interest in, any gaming business. If so, the applicant

shall provide a written statement describing his position, the dates during which that

position was held, a description of the applicants ownership interest or job

responsibilities, the name, address, and phone number of the business, and the name

of a person who can attest to the accuracy of the information provided.

6.2.2.12 A list of all gaming-related licenses the individual has ever

applied for, whether or not those licenses were granted, and the name, address, and

phone number of the regulatory agency involved.

6.2.2.13 A list of all professional or business licenses the applicant has

applied for, whether or not those licenses were granted, and the name, address, and

phone number of the regulatory agency involved.

6.2.2.14 A statement of all languages written or spoken.

6.2.2.15 A sworn statement that neither the applicant nor any member

of his immediate family has a past or current financial interest, other than a salary

interest, in any gaming-related enterprise anywhere. If the applicant has any relative

who has such a relationship, the applicant shall fully disclose that relatives name and

the nature of the relationship.

6.2.2.16 Written permission giving the Tribal Commission or its

designee the right to investigate the applicants background, including his criminal

record, civil and criminal judgments, and credit history.

6.2.2.17 A complete disclosure of any pending or anticipated civil or

criminal action against the applicant, including the name and address of the police

department and court involved.

6.2.2.18 A disclosure of any civil or criminal judgments rendered against

the applicant, including the case number, a description of the judgment, and the name

and address of the court involved.

6.2.2.19 Any other information which might bring into question his

fitness to serve as a primary management official or key employee of a licensed

gaming operation.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 27

OCTOBER , 1993

RESOLUTION NO. 94-_
6.2.3 Each application shall be accompanied by a sworn statement that if the license

is issued, the applicant will submit to the jurisdiction of the Tribe and the Tribal Court.

6.2.4 Each application shall be accompanied by a photograph of the applicant taken

within the last year.

6.2.5 Each application shall be accompanied by a sworn statement that the applicant

will abide by this Code and all other applicable laws.

6.2.6 Each application shall be accompanied by a written statement that the

applicant has read, understands and approves of the following Privacy Act notice:

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

provided: Solicitation of the information on this form is authorized by 25 U.S.C. 2701

~ ~q. The purpose of the requested information is to determine the eligibility of

individuals to be employed in gaming activities. The information will be used by

National Indian Gaming Commission members and staff who have need for the

information in the performance of their official duties. The information may be

disclosed to appropriate federal, tribal, state, local, or foreign law enforcement and

regulatory agencies when relevant to civil, criminal, or regulatory investigations or

prosecutions or pursuant to a requirement by a tribe or the National Indian Gaming

Commission in connection with the hiring or tIring of an employee, the issuance or

revocation of a gaming license, or investigations of activities while associated with a

tribe or a gaming operation. Failure to consent to the disclosures indicated in this

notice will result in a tribes being unable to hire you in a primary management

official or key employee position.

6.2.7 Each application for a gaming employee license shall be accompanied by a

non-refundable application fee of $20.00.

6.2.8 The disclosure of an applicants social security number (SSN) is voluntary.

However, failure to supply a SSN may result in errors in processing the application.

6.3 Review Procedure for Gaming Employee License Application. Before issuing a

gaming employee license, the Tribal Commission shall:

6.3.1 Obtain a set of the applicants fingerprints and perform or arrange to have

performed the necessary background investigation of the applicant required by this Code.

Such investigation shall include contacting each reference provided in the application and

taking all appropriate steps to verify the accuracy of information contained in the application.

The applicants fingerprints and application shall be forwarded to the Federal Bureau of

Investigation, National Criminal Information Center, for a review of the applicants criminal

history. There shall be a written report of the findings and conclusions of the investigation.

The Tribal Commission shall then review the findings and conclusions and either grant or

deny the license. The applicant shall be notified in writing of the Tribal Commissions

decision. If the Tribal Commission votes to deny the license, it shall include in such notice

the specific reasons for its decision.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page ~

OCTOBER , 1993

RESOLUTION NO. 94-_
6.3.2 Forward to the National Indian Gaming Commission a copy of the application,

the results of the background checks performed, and the Tribal Commissions findings and

decision.

6.3.3 All applications, background checks, and Tribal Commission decisions shall be

retained in the Tribal Commission files for a period of at least 10 years.

6.4 Standards For Denial of A Key Employee or Primary Management Official License.

The Commission shall not license, hire, or employ as a key employee or primary

management official in connection with Class II or Class ifi gaming, any person who:

6.4.1 Is under the age of 18; provided, however, that if liquor is sold on the

premises that age limitation is raised to 21.

6.4.2 Has been convicted of or entered a plea of no contest to a gambling offense,

fraud or misrepresentation; or

6.4.3 Has been convicted of or entered a plea of guilty or no contest to any offense

in subparagraph (2) within the immediately preceding five years; this provision shall

not apply if that person has been pardoned by the Governor of the State where the

conviction occurred or, if a tribal member, has been determined by the Tribe to be

a person who is not likely again to engage in any offensive or criminal course of

conduct and the public good does not require that the applicant be denied a license

as a key employee or primary management official; or

6.4.4 If the Tribal Gaming Commission determines, after notice and hearing, that

the person has participated in organized crime or unlawful gambling or is a person

whose prior activities criminal record, reputation, habits, and/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 and methods

and activities in the conduct of gaming or to the carrying on of the business and

financial arrangements incidental to the conduct of gaming.

6.4.5 If the applicant is found to have supplied false or misleading information or

has omitted material information on his license application.

6.4.6 Provided further that the Tribal Gaming Commission may, by regulations, add

additional limitations and conditions for denial of said license.

6.5 Scope of Gaming Employee License. A gaming employee license shall be effective

only for the person to whom it is issued and only with respect to the gaming facility specified in the

application. Any such license may be transferred to a new gaming facility only upon prior approval

of the Tribal Commission, upon written request of the licensee identifying the proposed new gaming

facility, its location, and the proposed gaming operator thereof.

6.6 Licensing Period. An employee gaming license issued pursuant to this Code shall be

effective for a period of one year from the date of issuance and shall state on its face the date that

the license became effective and the date that it expires.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 29

OCTOBER , 1993

RESOLUTION NO. 94-_
6.7 Renewals. A holder of an employee gaming license shall apply to the Tribal

Commission for a renewal before his original license has expired, updating all information contained

in the original application.

6.8 Requirement to Produce License Upon Request. Any person receiving a employee

gaming license must cariy that license upon his person during all working hours and must produce

that license upon the request of any law enforcement official with jurisdiction over the gaming activity

or any agent of the Tribe, the Tribal Commission, or the National Indian Gaming Commission.

6.9 Permanent License Revocation of Employee Gaming License.

6.9.1 Grounds for Permanent Revocation. The Tribal Commission may permanently

revoke an employee gaming license, after notice and an opportunity for a hearing, for any of

the following reasons:

6.9.1.1 The employee has withheld pertinent information on his application;

6.9.1.2 The employee has made false statements on the application;

6.9.1.3 The employee has participated in gaming activity which was not

authorized by any tribal gaming license;

6.9.1.4 The employee has attempted to bribe a tribal council member, Tribal

Commissioner, or other person in an attempt to avoid or circumvent this Code or any

other applicable law;

6.9.1.5 The employee has offered something of value or accepted a loan,

financing, or other thing of value from a Tribal Commission member a subordinate

employee or any person participating in any gaming activity;

6.9.1.6 The employee has knowingly promoted, played, or participated in any

gaming activity operated in violation of this Code or any other applicable law;

6.9.1.7 The employee has been knowingly involved in the falsification of

books or records which relate to a transaction connected with the operation of gaming

activity;

6.9.1.8 The employee has violated any provision of this Code or the rules and

regulations of the Tribal Commission;

6.9.1.9 The employee has been convicted of, or has entered a plea of nob

contendere to, any crime involving gaming, fraud, theft, embezzlement, or other

activity which, if perpetrated at his gaming operators place of employment, would

injure or pose a threat to the public interest, or the integrity of the gaming activity,

or the effective regulation of gaming or enhance the dangers of unfair, unsuitable, or

illegal gaming practices;

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 30

OCTOBER , 1993

RESOLUTION NO. 94-
6.9.1.10 The employee has been convicted of, or entered a plea of nob

contendere to, a crime involving the sale of illegal narcotics or controlled substances;

6.9.1.11 The employee has failed to comply with any lawful order,

inquiry or directive of the Tribal Commission, the Tribal Council, or any

administrative or judicial body of competent jurisdiction, arising from any gaming

activity whether or not subject to this Code; or

6.9.1.12 The employee is determined to have present or prior activities,

including criminal record, or reputation, habits or associations which 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 gaming.

6.9.2 Procedure for Permanent Revocation. Whenever the Tribal Commission has

reasonable cause to believe that an employee has violated any of the conditions in section

6.9.1, or has failed to comply with any condition of his tribal gaming license, or has failed to

obtain a license, the Tribal Commission or its designee may either undertake an investigation,

or serve upon such employee an order to show cause why the employees license should not

be revoked, or why the employee should not be enjoined from conducting gaming activities

within the jurisdiction of the Tribe. The order shall state the grounds for which such

revocation or injunction is sought and that the employee shall have an opportunity to present

testimony and to cross examine opposing witnesses, and to present any other evidence as to

why revocation or injunction should not issued. The hearing shall be set for not less than ten

days nor more than 14 days from the date of notice. The hearing shall be governed in all

respects in accordance with tribal law and Tribal Commission regulations.

6.10 Temporary Suspension of Employee Gaming License.

6.10.1 Grounds for Temporary Suspension. The Tribal Commission may temporarily

suspend an employee gaming license for not more than thirty days for any of the following

reasons:

6.10.1.1 The employee has been charged with a violation of any gaming

law;

6.10.1.2 The employees continued employment as a primary

management official or key employee of a game or gaming activity poses a threat to

the general public;

6.10.1.3 The employee has made a material false statement in his

license application;

6.10.1.4 The employee has participated in gaming activity unauthorized

by his tribal gaming license;

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 31

OCTOBER _, 1993

RESOLUTION NO. 94-_
6.10.1.5 The employee has refused to comply with any lawful order of

the Tribal Commission, the Tribal Council, the Tribal Court, or the National Indian

Gaming Commission arising from or relating to gaming.

6.10.2 Immediate Temporary Suspension. The Tribal Commission shall immediately

temporarily suspend an employee gaming license for not more than thirty days upon receipt

of notification from the National Indian Gaming Commission pursuant to 25 C.F.R. * 558.5

that reliable information exists that such gaming employee is not eligible for employment.

Upon receipt of such notification, the Commission shall notify the gaming employee of the

suspension and proposed revocation and the time and place for hearing under section 6.10.3

below.

6.10.3 Procedure for Temporary Suspension. Whenever the Tribal Commission has

reasonable cause to believe that a person has violated any of the conditions in subsections

6.10.1, or has failed to comply with any condition of his employee gaming license or of this

Code constituting a direct and immediate threat to the peace, safety, morals, or health or

welfare of the community, or whenever the Tribal Commission receives the notification

referred to in section 6.10.2, the Tribal Commission or its designee shall issue a notice of

temporary suspension of such persons employee gaming license, which shall be served upon

the employee. The notice shall state the grounds upon which such temporary suspension is

ordered and that the employee shall have an opportunity to present testimony and to crossexamine opposing witnesses, and to present any other evidence as to why suspension should

not issue. The employee shall immediately cease and desist operating in his management

position or in his capacity as a key employee upon receipt of the order, but such person may

file a notice of appeal with the Tribal Commission within five days of such receipt. Upon

receipt of such notice of appeal, the Tribal Commission shall hold a hearing on the order

within fourteen calendar days of its receipt of the appeal. At the hearing, the employee shall

have the opportunity to present testimony and cross-examine witnesses, and present any other

evidence as to why temporary suspension order should not be issued. Such hearing shall be

governed in all respects by tribal law and Tribal Commission regulations.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 32

OCTOBER , 1993

RESOLUTION NO. 94-_
Section 7. Provisions of General Applicability to All Gaming Operators.

7.1 Each Class H or Class ifi gaming activity within the jurisdiction of the Tribe shall be

conducted only by a gaming operator who possesses a current and valid tribal gaming license.

7.2 Each tribal gaming license shall be applicable only to one gaming site and the gaming

operator named on such license.

7.3 No tribal gaming license shall be sold, lent, assigned or otherwise transferred.

7.4 Each management and key employee of a licensed gaming activity shall possess a

current and valid tribal gaming employee license.

7.5 A tribal gaming license shall be issued only to a person who qualifies therefor under

this Code, or to the Tribe or a tribal subdivision.

7.6 Each gaming operator shall have a copy of this Code and regulations readily available

for inspection by any person at each authorized gaming facility or activity.

7.7 Each gaming facility shall post the following in a prominent place in each room where

gaming is conducted a sign stating the following:

This facility is regulated by one or more of the following: The National Indian Gaming

Commission, the Bureau of Indian Affairs of the United States Department of the Interior

and the Government of the Saginaw Chippewa Indian Tribe of Michigan.

This facility is not regulated by the State of Michigan.

7.8 Each facility that houses one or more card games shall post, in a prominent place in

each card room, the rules of each card game played. These rules shall notify the public of the

following:

7.8.1 The maximum rake-off percentage, time buy-in and other fees charged;

7.8.2 The number of raises allowed;

7.8.3 The monetary limit of each raise

7.8.4 The amount of ante; and

7.8.5 Other rules as may be necessary.

7.9 All persons employed in conjunction with the operation of any Class ifi gaming

activity shall be provided with such benefits to which the employee would be eligible to by virtue of

Michigan Public Act No. 1 of 1936, as amended (being MCL 421.1 ~~and Michigan Public Act

No. 317 of 1969, as amended (being MCL 481.101 ~ as if his or her employment services were

provided to an employer engaged in a business enterprise which is subject to, and covered by, the

respective Acts.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 33

OCTOBER , 1993

RESOLUTION NO. 94-
7.10 No Class Ill gaming equipment or supplies shall be operated, purchased, leased or

otherwise acquired by the Tribe unless that Class ifi equipment or supplies meet the technical

equipment standards of either the State of Nevada or the State of New Jersey.

7.11 The Tribe hereby adopts and applies as tribal law to all tribal Cl~ ifi gaming facilities

those state laws, as amended, relating to the sale and regulation of alcoholic beverages in the

following areas: sale to a minor; sale to a visibly intoxicated individual; sale of adulterated or

misbranded liquor; hours of liquor sales; and such other laws prohibiting the sale of alcoholic

beverages to certain categories of individuals.

7.12 All tribally licensed Class ifi gaming facilities shall purchase all liquor sold in those

facilities from the Michigan Liquor Control Commission, and shall purchase all beer and wine from

distributors licensed by the Michigan Liquor Control Commission, at the same price and on the same

basis that such beverages are purchased by Michigan Class C licensees.

7.13 All accounting records of each tribally licensed gaming facility shall be kept on a

double entry system of accounting, maintaining detailed, supporting, subsidiary records. The operator

and the Tribe shall maintain the following records for not less than three (3) years:

7.13.1 Revenues, expenses, assets, liabilities and equity for each location at which

Class II and Class ifi gaming is conducted;

7.13.2 Daily cash transactions for each Class H and Class ifi game at each location

at which gaming is conducted, including but not limited to transactions relating to

each gaming table bank, game drop box, and gaming room bank;

7.13.3 All markers, IOUs, returned checks, hold checks or other similar credit

instruments;

7.13.4 Individual and statistical game records (except card games) to reflect statistical

drop and statistical win; for electronic, computer, or other technologically assisted

games, analytic reports which show the total amount of cash wagered and the total

amount of prizes won;

7.13.5 Contracts, correspondence and other transaction documents relating to all

vendors and contractors;

7.13.6 Records of all tribal gaming enforcement activities;

7.13.7 All gaming related audits prepared by or on behalf of the Tribe or one of its

subdivisions.

7.13.8 Personnel information on all Class H and Class ifi gaming employees or

agents including rotation sheets, hours worked, employee profiles and background

checks.

7.14 No person under the age of 18 shall be employed as a key employee or primary

management official of any class ifi game.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 34

OCTOBER , 1993

RESOLUTION NO. 94-
7.15 No person under the age of 21 years shall be permitted to conduct, assist in, or play

any gaming activity conducted at any location having an alcoholic beverage license of any type or

class.

7.16 No person under the age of 14 years shall be permitted to enter the area of any

building in which a gaming activity is being conducted.

7.17 A person under the age of 14 years may participate in gaming activity in private

homes, purchase raffle tickets, attend sporting contests or ticket drawings, stick game, and other

traditional gaming tournaments.

7.18 Each gaming operator shall post in a conspicuous location near where each gaming

activity is being played or shall otherwise provide the public with an explanation of the rules of play

of every game he operates.

7.19 A gaming operator is prohibited from renting or lending gaming equipment to any

person without the prior written approval of the Tribal Commission.

7.20 A gaming operator is prohibited from exchanging pull-tabs, punch-boards, sports

pools, and twenty-one boxes (shoes) without the approval of the Tribal Commission. All other

gaming equipment may be exchanged without prior approval. Any request for approval shall be made

to the Tribal Commission at least 5 days prior to the exchange.

7.21 Each gaming operator who anticipates the printing, manufacture, or construction of

any equipment for gaming activity shall first notiL~ the Tribal Commission of his intention and shall

have the finished product approved by the Tribal Commission before it is placed in service.

7.22 Gaming chips and other tokens of value may be sold and redeemed only by the gaming

operator and only for full value.

7.23 Every licensed gaming operation shall maintain and keep for not less than 10 years

permanent books of accounts and records, including inventory records of gaming supplies, sufficient

to establish the gross and net income, deductions, expenses, receipts, and disbursements of the

enterprise.

7.24 A gaming operator who conducts a gaining activity at a site in which the operator

does not have a legal ownership interest shall file with the Tribal Commission, prior to conducting

any gaming activity at such site, a written agreement, attested to by both the gaming operator and

the owner of such site, setting forth the terms under which the operator is permitted the use of such

site.

7.24.1 Such agreement shall contain all of the following information:

7.24.1.1 The name of the legal owner of the site. If the gaming operator is

to be a sub-lessee, then the name of the lessee must also be included.

7.24.1.2 The name and gaming license number of the gaming operator.

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Indian Tribe of Michigan Page 35

OCTOBER , 1993

RESOLUTION NO. 94-
7.24.1.3 The term of such use of the site.

7.24.1.4 The monetary consideration to be paid for such use of the site, if

any.

7.24.1.5 A precise description of the location or premises.

7.24.1.6 A prohibition of advertising of the gaming activity by the owner.

7.24.1.7 The following provision:

The (grantor/lessor) hereby agrees that neither (he), (his)

spouse, nor any employee or agent of the (grantor/lessor) shall

participate in the selling, distributing, conducting, assisting, or

participating in gaming activity at the site herein

(granted/leased) without the prior written approval of the

Tribal Commission.

7.24.2 Any rent or lease provision of such agreement shall include a fixed monthly

rental dollar amount, unless otherwise approved in writing by the Tribal Commission.

7.24.3 A graduated lease rate for use of the site is prohibited unless approved in

writing by the Tribal Commission.

7.24.4 Other remuneration in lieu of money for use of the site is prohibited unless

approved in writing by the Tribal Commission.

7.24.5 A percentage lease rate for use of the site is prohibited unless approved in

writing by the Tribal Commission.

7.24.6 No game of chance shall be operated in conjunction with the conduct of the

grantors business operation unless approved in writing by the Tribal Commission.

7.24.7 Any renegotiated agreement shall be submitted to the Tribal Commission for

approval prior to its effective date.

7.25 There shall be no sale of liquor at any gaming site without the prior approval of the

Tribal Council.

7.26 Consideration for the chance to play in any gaming activity shall only be cash or, if

allowed by the gaming operator, personal check and shall be presented at the time the game is

played. No other form of consideration shall be allowed unless the Tribal Commission gives prior

written approvaL

7.27 Evidence of any win or loss incurred by a player must, upon request, be provided to

such player in such form as will be acceptable to the IRS.

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Indian Tribe of Michigan Page 36

OCTOBER , 1993

RESOLUTION NO. 94-
All Class ifi gaming must comply with the applicable provisions of the Bank Secrecy

Act, P.L 91-508, October 26, 1970, 31 U.S.C. §* 5312-5314.

7.28 Each gaming operator shall pay all fees and file all reports required by law within the

time prescribed.

7.29 Each gaming operator shall respond immediately to and obey all inquiries, subpoenas,

or orders of the Tribal Commission, the Tribal Council, the Tribal Court, or the National Indian

Gaming Commission.

7.30 Each gaming operator shall prominently display at each gaming site a current, valid

tribal gaming license.

7.31 Each gaming operator shall at all times maintain an orderly, clean, and neat gaming

facility, inside and out.

7.32 Each gaming operator shall provide adequate security to protect the public before,

during, and after any gaming activity.

7.33 Each licensed gaming activity shall be subject to patrol by the tribal police force for

the purpose of enforcing tribal law, and each gaming operator shall cooperate at all times with the

tribal police force.

7.34 Each gaming operator shall make its premises and books and records available for

inspection during normal business hours by the Tribal Commission and members of the Tribal Council

or their designee.

7.35 No gaming shall be conducted on tribal election days, or on any day on which any

tribal referendum is held, or on special days of observance designated by the Tribal Council or by the

Tribal Commission.

7.36 No gaming operator may discriminate on the basis of sex, race, color, or creed in the

conduct of any licensed gaming activity.

7.37 Each gaming operator shall keep accurate books and records of all moneys received

and paid out and provide the Tribal Commission or its designee with copies of or access to the same

upon request.

7.38 All net proceeds of any gaming activity shall be used only in a manner prescribed by

this Code.

7.39 Every gaming operator shall comply with all applicable tribal and federal revenue

reporting laws.

7.40 Each gaming operator shall immediately suspend any employee who is charged with

a crime of theft, embezzlement, fraud or other gaming crime, or any offense related to the sale,

possession, manufacture, or transport of illegal drugs. The gaming operator shall also immediately

notify the Tribal Commission in writing of the name of the person and the pending charge and advise

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 37

OCTOBER , 1993

RESOLUTION NO. 94-
the TnbaI Commission of the outcome of the case. If the employee is convicted or pleads nob

contendere to the charge, the employees employment shall be terminated.

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Indian Tnbe of Michigan Page 38

OCFOBER _, 1993

RESOLUTION NO. 94-
N

Section 8. Enforcement.

8.1 JurisdIction. Except as provided in this Code or in any tribal-state gaming compact

under the IGRA, the Tribal Court shall have jurisdiction over all violations of this Code.

8.2 Prohibited Acts. In addition to other civil and criminal offenses provided for in this

Code or under other applicable law, the following acts are prohibited and subject any violator to the

civil or criminal penalties specified herein:

8.2.1 Knowingly making a false statement in an application for employment with any

gaming operator or with the Tribal Commission.

8.2.2 Knowingly making a false statement in connection with any contract to

participate in any gaming activity.

8.2.3 Attempting to bribe any person participating in any gaming activity.

8.2.4 Offering or accepting a loan, financing, or other thing of value between a

Tribal Commission member or employee and any person participating in any gaming activity.

8.2.5 Failing to keep sufficient books and records to substantiate receipts,

disbursements, and expenses incurred or paid from any gaming activity authorized pursuant

to this Code.

8.2.6 Falsifying any books or records which relate to any transaction connected with

any gaming activity pursuant to this Code.

8.2.7 Conducting or participating in any gaming activity which in any manner results

in cheating or misrepresentation or which allows any other disreputable tactics that detract

from the fair nature and equal chance of participation between gaming players, or which

otherwise creates an advantage over and above the chance of such gaming activity and which

affects its outcome.

8.2.8 To conduct a gaming activity with or to allow participation in a gaming activity

by an intoxicated or disorderly player.

8.2.9 To allow or participate in the sale of liquor at gaming sites when such sale is

prohibited by tribal law.

8.2.10 To accept consideration other than money, personal checks, or other approved

consideration for the chance to play or participate in any gaming activity.

8.2.11 To solicit, directly or indirectly, or to use inside information on the nature or

status of any gaming activity for the benefit of any person.

8.2.12 To tamper with a gaming device or conspire to tamper or manipulate the

outcome or the payoff of a gaming device, or otherwise interfere with the proper functioning

of the machine.

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Indian Tribe of Michigan Page 39

OCTOBER 1993

RESOLUTION NO. 94.
8.2.13 To alter or counterfeit a gaming license.

8.2.14 To aid, abet, or conspire with another person knowingly or knowingly to cause

any person to violate any provision of this Code or any rules and regulations adopted

hereunder.

8.2.15 To operate, use, or make available to the public any illegal gaming device,

apparatus, material, or equipment.

8.2.16 To sell or hold out for sale or transport into or out of the jurisdiction of the

Tribe any illegal gaming device, apparatus, material, or equipment.

8.2.17 To assist or allow a person who is under age to participate in any gaming

activity.

8.2.18 To possess any illegal narcotics or controlled substances on any licensed

gaining site.

8.2.19 To steal or attempt to steal funds or other items of value from any gaming

facility or from the Tribal Commission.

8.2.20 To employ any person at a licensed gaming facility whom the gaming operator

knows has been convicted of a gaming crime or a crime of fraud.

8.2.21 To conspire with or induce any person to violate any of the provisions of this

Code or any tribal or federal law.

8.2.22 No gaming operator or any of his employees or agents shall engage in any act,

practice, or course of operation which could result in a fraud or deceit upon any person.

8.2.23 To use bogus or counterfeit chips or charitable gaming tickets, or to substitute

or use any game, cards, charitable gaming tickets, or gaming equipment that have been

marked or tampered with.

8.2.24 To employ or have on the Reservation any device to facilitate cheating in any

game of chance.

8.2.25 To knowingly use any fraudulent scheme or technique, or to solicit, provide, or receive inside information about any gaming activity with the intent of benefiting any

person.

8.2.26 To take, solicit, or encourage any action which undermines the integrity of any

game of chance.

8.2.27 No gaming operator shall knowingly employ any person who has been

convicted of or entered a plea of nob contendere to a crime of theft, embezzlement, fraud,

or other gaming crime.

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Indian Tribe of Michigan Page 40

OCTOBER _, 1993

RESOLUTION NO. 94-_
83 CrimInal Violation. Any Indian who violates or fails to comply with any provision of

this Code, or who fails to comply with any order or decision of the Tribal Commission, shall be guilty

of a crime and shall be required to pay a maximum fine of $5,000 or 2 years imprisonment, or both.

Each day during which such violation or failure to comply continues shall constitute a separate

violation of this Code.

8.4 Civil Violation. Any person who violates or fails to comply with any provision of this

Code, or who fails or neglects to comply with any order of the Tribal Commission, shall be liable for

a civil fine not to exceed $5,000 for each violation thereoL Each day during which such violation or

failure to comply continues shall constitute a separate violation of this Code. The amount of any

such civil fine may be recovered in a civil action in the Tribal Court.

8.5 Cumulative Fines. All civil fines accruing under this Code shall be cumulative and

a suit for the recoveiy of one fine shall not bar or affect the recovery of any other fine, judgment,

penalty, forfeiture, or damages, nor bar the power of the Tribal Court to punish for contempt, nor

bar any criminal prosecution.

8.6 Purpose of Civil Penalties. The civil fines imposed under this Code are intended to

be remedial and not punitive, and are designed to compensate the Tribe for the damage done to the

peace, security, economy, and general welfare of the Tribe and the Reservation, and to compensate

the Tribe for costs incurred by the Tribe in enforcing this Code. The civil fines under this Code are

also intended to coerce persons into complying with this Code and Tribal Commission regulations and

not to punish such persons for violation of such laws and regulations.

8.7 Civil Action for Penalties. In enforcing the civil infraction provisions of this Code,

the Tribal Commission shall proceed, in the name of the Tribe, by civil complaint pursuant to the

provisions of this Code. The Tribal Commission in such action shall have the burden of showing, by

the preponderance of the evidence, that such person violated the applicable provision of this Code.

8.8 Seizure and Forfeiture of Property. All property utilized in violation of this Code

shall be subject to seizure and forfeiture by order of the Tribal Court pursuant to Title I of the Tribal

Code.

8.9 Reporting of Offenders. Upon final order of the Tribal Court in any action for

criminal or civil violation under this Section, the Clerk of the Tribal Court shall notify the Tribal

Commission in writing of the final court disposition.

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Indian Tribe of Michigan Page 41

OCTOBER , 1993

RESOLUTION NO. 94-
Section 9. OperatIon of Tribally Owned or Tribally Operated Games.

9.1 Management by a General Manager.

9.1.1 The Tribal Council may appoint one person to serve as General Manager of

each tribally owned or tribally operated gaming facility. Each General Manager shall undergo

a background check by the Tribal Commission and shall obtain an employee gaming license

before commencing work. The Tribal Commission shall be the direct supervisor of the

General Manager. However, the Tribal Council shall retain the authority to suspend or

dismiss the General Manager as it deems necessary.

9.1.2 The General Manager shall be responsible for managing and overseeing the

day-to-day operations of the gaming operation. The General Manager shall have such

authority as the Tribal Commission may delegate.

9.1.3 The General Manager shall provide a written monthly report to the Tribal

Commission which details the number of patrons served, the amount of income generated,

the numbers of employees working at the facility, a detailed description of any patron

complaints and other problems experienced at the facility, and a written statement of any

changes in key employees or primary management officials and all bills which are 30 days or

more past due.

9.1.4 The General Manager shall propose and the Tribal Commission shall approve

a patrons complaint process. Each tribally owned and tribally operated gaming facility shall

post at least one sign in each gaming room informing patrons that they may file complaints

directly with the Tribal Commission, and advising them of the Tribal Commissions address

and phone number.

9.1.5 The General Manager shall be personally responsible for seeing that all

gaming activities are managed in accordance with tribal and federal law and that all gaming

activities comply with all IRS reporting requirements.

9.2 Use of Net Proceeds of Tribally Owned or Tribally Operated Gaming Activities.

9.2.1 All net proceeds of a tribally owned or tribally operated gaming activity shall

be held in the name of the Tribe. Such net proceeds may only be expended by the Tribal

Council by resolution and only for the following purposes:

9.2.1.1 To fund tribal government operations or programs.

9.2.1.2 To provide for the general welfare of the Tribe and its members.

9.2.1.3 To promote tribal economic development.

9.2.1.4 To donate to charitable organizations.

9.2.1.5 To help to fund operations of local government agencies.

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Indian Tribe of Michigan Page 42

OCFOBER , 1993

RESOLUTION NO. 94-.__~
93 MaIntenance of Records. The Tribal Gaming Commission shall insure that all

accounting records of each tribally licensed gaming facility is kept on a double entry system of

accounting, maintaining detailed, supporting, subsidiary records. The Tribal Gaming Commission shall

also insure that both the operator and the Tribal Gaming Commission maintain the following records

for not less than three (3) years:

9.3.1 Revenues, expenses, assets, liabilities and equity for each location at which

Class II and Class ifi gaming is conducted;

9.3.2 Daily cash transactions for each Class II and Class ifi game at each location

at which gaming is conducted, including but not limited to transactions relating to

each gaming table bank, game drop box, and gaming room bank;

9.33 All markers, IOUs, returned checks, hold checks or other similar credit

instruments;

9.3.4 Individual and statistical game records (except card games) to reflect statistical

drop and statistical win; for electronic, computer, or other technologically assisted

games, analytic reports which show the total amount of cash wagered and the total

amount of prizes won;

9.3.5 Contracts, correspondence and other transaction documents relating to all

vendors and contractors;

9.3.6 Records of all tribal gaming enforcement activities;

9.3.7 All gaming related audits prepared by or on behalf of the Tribe or one of its

subdivisions.

9.3.8 Personnel information on all Class H and Class ifi gaming employees or

agents including rotation sheets, hours worked, employee profiles and background

checks.

9.4 AudIt Requirements.

9.4.1 The Tribal Commission and the General Manager of each tribally owned or

tribally operated gaming activity shall obtain an annual independent audit of such gaming

activity. A copy of such audit shall be provided to the Tribal Commission, the Tribal Council,

and the National Indian Gaming Commission.

9.4.2 Each contract for supplies, services (other than legal and accounting services)

or concessions for a contract amount in excess of $25,000.00 annually shall be subject to an

independent audit. A copy of such audit will be provided to the Tribal Commission, the

Tribal Council, and the National Indian Gaming Commission.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 43

OCTOBER , 1993

RESOLUTION NO. 94-~~_~
9.5 Management Contracts.

9.5.1 Each management contract shall fully comply with and is subject to the prior

approval of the National Indian Gaming Commission.

9.5.2 Before submission to the National Indian Gaming Commission, each

management contract shall be approved by the Council with the advice and comment of the

Tribal Commission. Before giving final consideration to any proposed management contract,

the Council shall direct the Tribal Commission to conduct a complete background

investigation of persons and entities with a financial interest in, or having management

responsibility for, the management contract, including requiring the submission of all

information required under 25 C.F.R. * 537.1, as amended, incorporated herein by this

reference.

9.5.2.1 Background information on the proposed management contractor

including: its name, its address, the names and addresses of each person or entity

having a direct financial interest or management responsibility for the proposed

management contractor, and in the case of a corporation the names and addresses of

each member of its board of directors and all stockholders who hold directly or

indirectly 10 percent or more of its issued or outstanding stock.

9.5.2.2 A description of any previous experience that each person listed in

subsection 9.5.2.1 above has had with other gaming contracts with Indian tribes or

with any gaming activity or operation wherever located, including the name and

address of any tribal government or licensing agency with which such person has had

a contract, license, or other agreement or permit relating to gaming.

9.5.2.3 A complete financial statement of each person listed in subsection

9.5.2.1 above.

9.5.2.4 The Tribal Commission shall contact each of the tribal governments

and licensing agencies in subsection 9.5.2.2 to determine the performance histozy of

the proposed management contractor.

9.5.2.5 The Tribal Commission shall arrange to have each proposed

management contractor investigated to learn of his personal attributes and to

determine whether he has a prior criminal record or any pending criminal charges.

9.5.2.6 The Tribal Commission shall obtain an independent verification of the

completed financial statements of the proposed management contractor.

9.5.2.7 The Tribal Commission shall undertake any additional steps it can to

determine the character and reputation of the proposed management contractor and

each person listed in subsection 9.5.2.1.

9.5.2.8 If the Tribal Council, after reviewing the above described information,

still desires to enter into a management contract with the proposed management

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 44

OCFOBER , 1993

RESOLUTION NO. 94-_
contractor, such management contract shall be made in writing and submitted to the

Tribes attorneys for review.

9.5.3 Any management contract approved by the Council must include at a

minimum with respect to the gaming activity to which the contract is applicable, all of the

required provisions contained in 25 C.F.R. ~ 53.1, as amended, incorporated herein by this

reference.

9.5.4 All persons who possess an ownership interest or management position in the

proposed management contract shall apply for a gaming employee license under this Code.

No management contract shall be approved by the Council until all gaming employee license

applications have been reviewed and the Tribal Commission has submitted written findings

on such application to the Council.

9.5.5 If the Council is satisfied with the information it receives it shall submit the

proposed contract along with all of the above described information to the Chairman of the

National Indian Gaming Commission for approval.

9.6 Additional Requirements for Operation of Tribally Owned or Tribally Operated

Games.

9.6.1 Any cash winning of an amount under $500.00 shall be paid in cash or check

and shall be paid on the date it is won. Each patrons winnings of an amount over $500.00

shall be paid by check and shall be paid within 72 hours after it is won.

9.6.2 Each tribally owned or tribally operated gaming facility shall cariy sufficient

liability insurance to protect the public in the event of an accident. The Tribal Commission

shall determine the amount of liability insurance required for each gaming facility.

9.6.3 Each tribally owned or tribally operated gaining activity shall post the rules of

play of each game in a conspicuous place where gaming is conducted and shall make written

copies of such rules available to any member of the general public upon request.

Gaining Code of the Saginaw Chippewa Gaming Code

Indian Thbe of Michigan Page 45

OCFOBER , 1993

RESOLUTiON NO. 94-_
SectIon 10. Authorized Games.

Consistent with applicable law, the Tribe authorizes the licensing of the following

games of chance:

10.0.1 Bingo.

10.0.2 Twenty-one or Blackjack.

10.0.3 Poker.

10.0.4 All other games of chance authorized under a tribal-state gaming compact

with the State of Michigan pursuant to the IGRA.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 46

OCTOBER , 1993

RESOLUTiON NO. 94-
SectIon 11. Severability.

In the event that any section or provision of this Code is held invalid, it is the intent of the

Tribal Council that the remaining sections or provisions of this Code shall continue in full force aid

effect.

sap/l00593

#0208,08643

CODE.FNL

ENACTED OCTOBER , 1993

TRIBAL RESOLUTION 94-_.

Gaming Code of the Saginaw Chippewa Gaming Code

Indian Tribe of Michigan Page 47

OCTOBER _, 1993

RESOLUTION NO. 94-_