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Mills Indian Community Laws and Codes
Updates Received: 2000 ORDINANCE
TO REGULATE THE OPERATION OF GAMING
Section 1. Findings, Intent and Policy. 1.1 Findings. The General Tribal Council on behalf of the Bay Mills Indian Community finds that: (A) Tribal regulation and control of gaming activity within the jurisdiction of the Bay Mills Indian Community is essential for the protection of public health and welfare, and the interests of the Tribe and the residents and visitors to Indian country. (B) The Bay Mills Indian Community has the legal authority to license and regulate any gaming activity within the jurisdiction of the Tribe which is not specifically prohibited by federal law. (C) Properly licensed and regulated gaming enterprises are in conformance with federal policy promoting Indian self-government and Indian tribal economic self-sufficiency. (D) It is essential that the Tribal Council regulate gaming in a manner commensurate with applicable federal and tribal law and policy. (E) The present needs of the Tribe include increased employment, training, housing, health care, nutrition, educational opportunities, social services and community and economic development, and these needs are not adequately addressed by state and federal programs. (F) Tribal operation and licensing of gaming activity is a legitimate means of generating revenue to address the above described needs. (G) The Tribe is vigorously pursuing its goal of self-sufficiency and self-determination through the development of tribal businesses and enterprises. Due to the lack of income-generating economic development, the Tribe is the sole source of increased employment opportunity, and economic development efforts. Federal and state financial support for these efforts has decreased over time. Gaming provides additional tribal revenue for governmental and program support, and employment opportunities (H) As a result of subsections 1.1(A) and 1.1(G) above, the adoption of the following expanded gaming law is in the best interest of the Bay Mills Indian Community
(A) Regulate, control, and oversee all gaming within the jurisdiction of the Tribe. (B) State, declare and otherwise clarify that a tribal license to operate a gaming enterprise is a revocable privilege, not a right. (C) Ensure that the operation of tribally-regulated gaming can continue as a means of generating tribal revenue. (D) Ensure that gaming is conducted fairly and honestly by both operators and players, and that it remain free from corrupt, incompetent, unconscionable and dishonest practices (E) Encourage tribal economic development and employment opportunities. (F) Ensure that all gaming revenue is used for the benefit of the Tribe and its people. (G) Ensure that the Tribe provide a fair and impartial forum for the resolution of all gaming disputes. (H) Ensure that tribal gaming laws are strictly and fairly enforced upon all people involved in gaming activity within the jurisdiction of the Tribe.
In this Ordinance, except where otherwise specifically provided or 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 operator.
(A) The game of chance commonly known as bingo (whether or not electronic, computer, or other technologic aids are used in connection therewith), when players play for prizes with cards bearing numbers or other designations and cover numbers or designations when a similarly numbered or designated object is drawn or electronically determined and win the game by being the first person to cover a designated pattern on such cards; (B) Pull-tabs; punch boards; tip jars; instant bingo; and other games similar to bingo if played at the same location; (C) All card games operated by the Tribe prior to May 1, 1988; (D) Any additional nonbanking card games explicitly authorized or not explicitly prohibited by the laws of Michigan and which are played legally anywhere in the State in conformity with state law and regulation concerning hours, periods of operation and limitations on wagers and pot sizes.
(A) Any house banking game not operated by the Tribe prior to May 1, 1988; (B) Any slot machines as defined in 15 U.S.C. 1171(a) (1) and electronic or electromechanical facsimiles of any game of chance; (C) Any sports betting and parimutuel wagering including but not limited to wagering on horse racing, dog racing or jail alai; and (D) Lotteries.
(A) Uses benefitting an indefinite number of people by bringing them under the influence of education or cultural programs. (B) Uses otherwise lessening the burden of Bay Mills Indian Community government. (C) Uses benefitting one or more people suffering from a seriously disabling disease or injury causing severe loss of income or incurring extraordinary medical expense which is uncompensated by insurance. (D) Uses for community service projects which promote the common good, enhance the social and economic welfare of the community, and benefit an indefinite number of people.
(A) A person who performs one or more of the following functions: (1) Bingo caller; (2) Counting room supervisor; (3) Chief of security; (4) Custodian of gaming supplies or cash; (5) Floor manager; (6) Pit boss; (7) Dealer; (8) Croupier; (9) Approver of credit; or (10) Custodian of gaming devices including persons with access to cash and accounting records within such devices. (B) If not otherwise included, any other person whose total cash compensation is in excess of $50,000 per year; or, (C) If not, otherwise included, the four most highly compensated persons in the gaming operation; or (D) any employee whom the Tribal Commission may by written notice classify as a key employee.
(A) The person having management responsibility for a management contract; (B) Any person who has authority:
(A) Aces count either one or 11, at the player's option. (B) Kings, queens, and jacks each have a count of ten. (C) All other cards are counted at their face value.
(A) This Ordinance shall be liberally construed to effect its purpose and to promote substantial justice. (B) Words in the present tense include the future and past tenses. (C) Words in the singular number include the plural, and words in the plural number include the singular. (D) Words of the masculine gender or neuter include masculine and feminine genders and the neuter.
4.1 Establishment. The Council hereby charters, creates and establishes the Gaming Commission as a governmental subdivision of the Tribe. The Commission shall be referred to throughout this Ordinance as the Tribal Commission.
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.
(A) Number of Commissioners. The Tribal Commission shall be comprised of five (5) Tribal Gaming Commissioners consisting of persons appointed by the Executive Council. (B) Qualification of Commissioners. Each Commissioner must be a member of the Tribe. (C) 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, the results of which shall be transmitted to the Executive Council. No person shall serve as a Commissioner if: (1) His prior activities, criminal record, if any, or reputation, habits or associations: (a) Pose a threat to the public interest; or (b) Threaten the effective regulation and control of gaming; or (c) Enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the conduct of gaming; or (2) S/he has been convicted of or entered a plea of nolo contendere to a felony or any gaming offense in any jurisdiction or to a misdemeanor within five (5) years of consideration for appointment involving a matter which would be a crime under the provisions of the Michigan Penal Code or the controlled substance provisions of the Michigan Public Health Code; or (3) S/he has a present interest in the conduct of any gaming enterprise or in any business which is licensed as a vendor to a gaming enterprise of the Tribe; or (4) S/he has a member of his immediate family employed as a key employee by any tribal gaming establishment.
(A) Regular Meetings. The Tribal Commission shall hold at least two regular monthly meetings, which shall take place on the first and third Tuesdays of each month. If the meeting date falls on a holiday, it may be rescheduled to another date not in conflict with the regular meetings of the Executive Council on the second and fourth Mondays of each month. (B) Special Meetings. Special meetings may be called at the request of the Tribal Council, the Chairman of the Tribal Commission or three (3) or more members of the Tribal Commission. (C) Compensation of Commissioners. An honorarium set by the Executive Council may be paid to Commissioners as compensation. (D) Quorum. A quorum for all meetings shall consist of four (4) members. (E) 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.
(A) Removal. (1) A Commissioner shall be immediately removed by the Executive Council for any action which bars eligibility for serving in that capacity under subsections 4.11(C) (2) (3) or (4) of this Ordinance. (2) A Commissioner may be removed by the Council for the following reasons: serious inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or for any conduct which threatens the honesty and integrity of the Tribal Commission or otherwise violates the letter or intent of this Ordinance. 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. (B) 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 Ordinance.
(A) To regulate all day-to-day gaming activity within the jurisdiction of the Tribe including tele-bingo and other unusual games. (B) To promote the full and proper enforcement of all tribal civil and criminal gaming laws and policies. (C) To oversee the day-to-day operations of all tribally-owned gaming enterprises. (D) 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 Ordinance and the powers granted and duties imposed by applicable law. (E) To publish and distribute copies of this Ordinance, Tribal Commission rules, and any Council, Tribal Commission or Tribal Court decisions regarding gaming matters. (F) 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 Ordinance. (G) To work with the staff of any tribal department, program, project, or operation and to cooperate with the Council or any Council Committee in regard to gaming issues. (H) Where it is in the best interest of the Tribe, to develop a cooperative working relationship with federal and state agencies and officials. (I) To arrange for and direct such inspections and investigations as it deems necessary to ensure compliance with this Ordinance and implementing regulations. In undertaking such investigations, the Tribal Commission may request the assistance of tribal gaming staff, federal, state and tribal law enforcement officials, legal counsel and other third parties. (J) To maintain and keep current a record of new developments in the area of Indian gaming. (K) To request the assistance of the Tribal Court or Tribal Appellate Court in conducting gaming hearings, defining terms used in this Ordinance or other tribal laws, or in any other matter in which the Tribal Commission deems such assistance to be necessary or proper. (L) To consider any gaming matter brought before it by any person, organization or business, and all matters referred to it by the Tribal Council. (M) To obtain and publish a summary of federal revenue laws relating to gaming and to insure compliance with the same. (N) To arrange for training of Tribal Commission members, tribal employees and others in areas relating to the regulation or operation of gaming. (0) With the approval of the Council, to employ such advisors as it may deem necessary. Advisors may include, but are not limited to, lawyers, accountants, law enforcement specialists and gaming professionals. (P) To make recommendations to the Council on the hiring of all supervisory gaming employees. (Q) To promulgate rules and regulations to implement and further the provisions of this Ordinance. (R) To approve or disapprove any application for a tribal gaming license. (S) To consult with and make recommendations to the Council regarding changes in tribal gaming laws and policies. (T) To administer oaths, conduct hearings, and by subpoena compel the attendance of witnesses and the production of any books, records and papers relating to the enforcement of tribal gaming laws, regulations and policies. (U) 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 gaming or enterprise operating, or suspected to be operating, within the jurisdiction of the Tribe. (V) 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 carrying out its responsibilities. (W) To examine under oath, either orally or in writing, any person or agent, officer, or employee of any person, with respect to any matters related to this Ordinance. (X) To delegate to an individual member of the Commission, or to an individual member of the Tribal Council, or to the Tribal Commission or tribal staff, such of its functions as may be necessary to administer these ordinances efficiently; provided, that the Tribal Commission may not re-delegate its power to exercise any of the substantial governmental functions of the Tribe delegated to the Tribal Commission by the Tribe; and provided further, that the Tribal Commission may not delegate its power to promulgate rules and regulations. It may also not delegate to anybody except the Tribal Council or Tribal Court the power to revoke a tribal gaming license permanently. The Tribal Commission may, however, delegate the power to suspend a gaming license temporarily and to close a licensed gaming enterprise for no more than 30 days when its continued operation threatens the public health, welfare or safety (Y) To close permanently, after notice and a hearing, any game or games which are operating in violation of tribal law. (Z) To sue or be sued in courts of competent jurisdiction within the United States and Canada, subject to the provisions of this Ordinance 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. (AA) 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 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. (BB) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of its personal property and assets. (CC) 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 (DD) To arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Tribal Commission's authorized activities (EE) 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. (FF) 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(DD) above. (GG) To exercise the tribal power to tax authorized by the Tribal Constitution, and, in accordance with other applicable law, by establishing and collecting gaming fees from gaming enterprises. (HH) To purchase insurance from any stock or mutual company for any property, or against any risk or hazard. (II) To establish and maintain such bank accounts as may be necessary or convenient. (JJ) To engage in any and all activities which directly or indirectly carry out the purposes of the Tribe as set forth in this Ordinance. (KK) 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. (LL) 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 Ordinance 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.
(A) Tribal Commission regulations necessary to carry out the orderly performance of its duties and powers shall include, but shall not. be limited to the following: (1) Internal operational procedures of the Tribal Commission and its staff; (2) Interpretation and application of this Ordinance as may be necessary to carry out the Tribal Commissions duties and exercise its powers; (3) A regulatory system for all gaming activity, including accounting, contracting, management and supervision; (4) The findings of any reports or other information required by or necessary to implement this Ordinance; and (5) The conduct of inspections, investigations, hearings, enforcement actions and other powers of the Tribal Commission authorized by this Ordinance. (B) 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 both filed for record in the office of the Tribal Secretary. (C) The Tribal Court and any other court of competent jurisdiction shall take judicial notice of all Tribal Commission regulations adopted pursuant to this Ordinance.
(A) Tribally-Owned or Tribally-Operated Class II. This license shall be required of all tribally-owned or tribally-operated gaming enterprises operating one or more Class II gaming activities. (B) Tribally-Owned or Tribally-Operated Class III. This license shall be required for all tribally-owned or operated gaming enterprises operating any gaming other than Class I or Class II gaming. (C) Privately Owned Gaming Not Licensable. No license may be issued for any gaming operation, whether for one or more occasions, which are owned or operated by any person other than the Tribe.
(A) Tribally-Owned or Triballv-Operated Class II. Before issuing a license to a tribally-owned or operated Class II gaming activity the Tribal Commission shall: (1) Review the proposed gaming activity to ensure that all threshold criteria required by this Ordinance shall be met. (2) Perform the necessary background checks on management contractors, primary management officials and key employees required by this Ordinance. (3) Review and approve the accounting procedures to be used in such gaming activity. (4) Take any additional steps necessary to ensure the integrity of such gaming activity. (B) Tribally-Owned or Tribally-Operated Class III. Before issuing a license to a tribally-owned or operated Class III gaming activity, the Tribal Commission shall: (1) Review the proposed gaming activity to ensure that all threshold criteria required by this Ordinance shall be met. (2) Perform the necessary background checks on management contractors, primary management officials and key employees required by this Ordinance. (3) Review and approve the accounting procedures to be used in such gaming activity. (4) Take any additional steps necessary to ensure the integrity of such gaming activity. (5) Review all aspects of the proposed gaming operation to ensure that it will be in compliance with the provisions of the applicable state/tribal compact.
(A) The proposed gaming activity is to be located on land which was held in trust for the Tribe prior to October 17, 1988 or on trust lands which were located within or contiguous to the boundaries of the Reservation on October 17, 1988 or on lands taken into trust after October 17, 1988 as a settlement of a claim. (B) The proposed gaming activity is to be played as Class II gaming as defined by this Ordinance and the IGRA. (C) The proposed gaming activity is authorized by a Tribal Council resolution. (D) The Tribe or one of its subdivisions will have the sole proprietary interest and the Tribe will have the exclusive responsibility for the conduct of the proposed gaming activity. (E) The resolution authorizing the proposed gaming activity provides that: (1) The revenues or 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. (2) The proposed gaming activity shall comply with all IRS reporting and filing requirements. (3) All of the proceeds of the proposed gaming activity shall be used for the purposes stated in subsection 9.2. (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) 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. (6) All primary management officials and key employees shall pass the background checks and obtain the tribal gaming employee licenses required by this Ordinance. (7) The Tribal Commission shall have the authority to regulate the proposed gaming activity. (8) The proposed gaming activity shall pay to the National Indian Gaming Commission such fees as federal law may require to be paid. (9) In the event the gaming activity is Class III gaming, such gaming activity meets all other criteria established by the Tribal-State Gaming Compact.
(A) The name, address and telephone number of the operator; (B) The names, addresses and titles of all of the current managers of the operator; (C) A description of the gaming activity that it has operated and the total gross sales; (D) A written copy of any changes it proposes to initiate in its rules; (E) A statement of the specific date or dates and time or times on which it wishes to operate its gaming activity over the next license period; (F) The name and addresses of the person who will be designated as primary management official over the next license period; (G) A statement of any changes in the primary management officials or key employees who will operate the gaming activity over the next license period; (H) The names and addresses of any employees who the Tribal Commission may determine to be key employees during review of the application; (I) Written proof that the 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; (J) A sworn statement that the operator has complied with the Internal Revenue Codes and Regulations, including written notice of customer winnings, and a statement that the operator shall continue to obey all tribal and federal laws and shall hold the Tribal Commission and the Tribe harmless for failure to do (K) Any location at which the gaming activity has been conducted and any new location which will be established in the next license period; (L) The number of full-time equivalent people, on an annualized basis, employed by the operation during the past 12 months, together with a projection of the number of full-time equivalent people who are expected to be employed during the next license period; (M) The total gross revenue of the operator attributable directly or indirectly to tribally-licensed gaming activity over the proceeding 12 months; (N) Written proof that the operator has paid to the Tribe the gross receipts tax, and a sworn statement that it will continue to make such payments as may be required during the next license period; (0) A sworn statement that the operator will continue to comply with all tribal and federal laws applicable to the operator's gaming operation; (P) A sworn statement that the 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; (Q) If the 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.
(A) Any person seeking employment with a gaming enterprise licensed by the Commission shall submit an application to the Tribal Commission on such form or in such manner as the Tribal Commission may require. (B) At a minimum, the application shall contain the following information: (1) The applicant's name, including all other names used, current home and work addresses and telephone numbers, gender, Social Security Number, place of birth, date of birth, citizenship, and driver's license number, as well as the address of his or her personal residences over the past 5 years. (2) The name, address and telephone number of the Primary Management Official for whom the applicant is applying to work and the specific location at which he or she is applying to be employed. (3) The name and job description of the position the applicant is applying for. (4) The names and addresses of the applicant's living parents, grandparents, spouse, children, brothers, and sisters, including step-, half- and in-laws. (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, the applicant's explanation of the outcome of the case, including the date of final disposition (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(B) (1) (7) A list of the applicant's current and previous jobs over the preceding 5 years, including the name, address and telephone number of his or her employer, and the position held. (8) The names and addresses and a brief description of all businesses in which the applicant currently holds, or has within the last 5 years held, an ownership interest. (9) A description of any existing and previous employment relationship with an Indian Tribe, including the employee position held, name of the Tribe involved and name and address of a person who can attest to the accuracy of the information provided. (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. (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 or her position, the dates during which that position was held, a description of the applicant's ownership interest or job responsibilities and the name, address and phone number of the business, and a person who can attest to the accuracy of the information provided. (12) A list of all gaming-related licenses the individual has applied for, whether or not those licenses were granted and the name and address and phone number of the regulatory agency involved. (13) A list of all professional or business licenses the applicant has applied for, whether or not those licenses where granted and the name, address and phone number of the regulatory agency involved. (14) A statement of all languages written or spoken. (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 his name and the nature of the relationship. (16) Written permission giving the Tribal Commission or its designee the right to investigate the applicant's background, including his criminal record, civil and criminal judgments and credit history. (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. (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. (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. (20) Each application shall be accompanied by a sworn statement that the applicant will submit to the jurisdiction of the Tribe and the Tribal Court, if employed. (21) Each application shall be accompanied by a photograph of the applicant taken within the last year. (22) Each application shall be accompanied by a sworn statement that the applicant will abide by all applicable tribal and federal laws, regulations and policies. (23) Each application for a gaming employee license shall be accompanied by an application fee of $10.00. (24) Each application shall be accompanied by a written statement that the applicant has read, understands and approves of the following Privacy Act notice and False Statement notice:
(A) The Tribal Commission or its designee shall forward a copy of each application to a tribal or state law enforcement agency and arrange for that agency to verify in writing the accuracy of the applicant's criminal record. The Commission or its designee shall also contact each reference provided in the application and take other appropriate steps to verify the accuracy of the other information presented and prepare a report of their findings for the Commission. Once these two reviews are completed, the Commission shall review the findings and either grant or deny the license, if one is required by this Ordinance or advise the Primary Management Official that the applicant's information has been reviewed and there exists no barrier to employment. The applicant shall be notified in writing of the Commission's decision. If the Commission votes to deny a license, it shall include within this notification the specific reasons for its decision. (B) A copy of the application, the results of the background checks performed and the Tribal Commission's findings and decision shall be forwarded to the National Indian Gaming Regulatory Commission before a license is issued. (C) All applications, background checks and Commission decisions shall be retained in the Commission files for a period of at least five (5) years.
(A) Any employee gaming licenses issued pursuant to this section shall be effective for only the location, job and employer contained in the application. (B) Any licensed employee shall apply to have his license transferred to a new location by requesting that transfer in writing to the Tribal Commission in a manner which details the new job and location and the operator for whom s/he proposes to work.
(A) Grounds for Suspension or Termination. The Tribal Commission may suspend or terminate the license of any employee, after notice and an opportunity for a hearing, for any of the following reasons: (1) The employee has withheld pertinent information on his application; (2) The employee has made false statements on the application; (3) The employee has participated in gaming activity which was not authorized by any tribal gaming license; (4) The employee has attempted to bribe a tribal council member, Commissioner or other person in an attempt to avoid or circumvent tribal law; (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) The employee has knowingly promoted, played or participated in any gaming activity operated in violation of tribal or federal law or the tribal/state gaming compact; (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; (8) The employee has violated any provision of this Ordinance or the rules and regulations of the Tribal Commission; (9) The employee has been convicted of, or has entered a plea of nolo contendere to, any crime involving gaming, fraud, theft, embezzlement or other activity which, if perpetrated at his operator's 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; (10) The employee has refused to comply with any lawful order, inquiry or directive of the Tribal Commission, the Tribal Council, the federal government or any court of competent jurisdiction; (11) The employee has been convicted of, or entered a plea of nolo contendere to, a crime involving the sale of illegal narcotics or controlled substances; or (12) The employee has been determined to have present or prior activities, criminal record, if any, or reputation, habits and 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. (B) Procedure for Suspension or Termination. Whenever it is brought to the attention of the Tribal Commission that a person has failed to comply with any of the conditions of subsection (A), above, the Tribal Commission or its designee may either undertake an investigation of the gaming enterprise, or serve upon such person or any agent of such person an order to show cause why the employee should not be subject to disciplinary action. Such notice shall state the reason for the order, the time and place for the show cause hearing before the Tribal Commission, and that the person shall have an opportunity to present testimony and cross examine opposing witnesses, and to present any other evidence as to why a disciplinary action should not be issued. The hearing shall be set for not less than ten (10) days nor more than 14 days from the date of the notice. The hearing shall be governed in all respects in accordance with tribal law and Tribal Commission regulations.
(2) The employee’s continued employment as a primary management official or key employee of a game or gaming enterprise poses a threat to the general public. (3) The employee has made a material false statement in his license application. (4) The employee has participated in gaming activity unauthorized by his tribal gaming license. (5) The employee has refused to comply with any lawful order of the Tribal Commission, the Council, the Tribal Court or the National Indian Gaming Commission. (B) In the event the Tribal Commission determines that any employee meets any of the criteria stated in subsections 6.9(A) (1) through 6.9(A) (5) above or that his non-compliance with this Ordinance is a direct and immediate threat to the peace, safety, morals or health or welfare of the community, the Tribal Commission or its designee shall issue a notice of temporary suspension of his employee gaming license which shall be served upon the employee or any agent of the employee. The order shall state the grounds upon which it is issued and the employee's right to a hearing. The employee shall cease and desist operating in his management position or in his capacity as a key employee immediately upon receipt of the order; but s/he may file a notice of appeal with the Tribal Commission which shall hold a hearing on the order within 14 calendar days o |