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The Confederated Tribes of Siletz Indians of Oregon: Tribal Government Operations

Last amended: 1999

CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON

GAMING ORDINANCE

SECTION 1: POLICY

A. The Confederated Tribes of Siletz Indians of Oregon establishes this ordinance to regulate gaming activities on its Reservation. The Tribe shall allow operation of gaming for recreation, profit and, to the extent practical, to provide employment to Siletz tribal members. Unless otherwise provided by tribal resolution, all gaming activities shall be operated by the Siletz Tribal Economic Development Commission (STEDCO).

B. Revenues from gaming activities shall be the property of STEDCO, except as provided in the STEDCO charter. Revenues from gaming paid by STEDCO to the Tribal Council shall be utilized to fund programs of tribal government. First priority for gaming funds shall be social welfare and cultural preservation programs. Distribution of revenues shall be pursuant to the Budget Ordinance established by the Tribal Council.

SECTION 2: GAMING DEFINED

Gaming activities or gaming include all games of chance in which participants risk money or items of value for the opportunity to win prizes, including cash, and in which all the value paid by participants is not distributed as prizes.

STEDCO is authorized to operate a Bingo game and to sell pull-tabs. It also is authorized to engage in any other gaming activity not prohibited by the State of Oregon.

SECTION 4: BINGO

A. STEDCO shall select easily identifiable cards for use at all Bingo Games and no player shall be allowed to participate in any game without first purchasing an authorized card from the personnel operating the game.

B. The amount or specific nature of each prize and the cost of each card to play the game for which the prize is designated shall be clearly indicated to the participants prior to the commencement of any game.

C. Each participant in the game shall be given a copy of all appropriate rules and regulations promulgated by the Tribal Council or STEDCO, and rules and regulations will be posted in plain view of all participants in the game prior to its commencement.

D. All persons assisting in the operation of the Bingo Game shall wear distinctive clothing with name tags designating them as officials.

SECTION 5: AGE RESTRICTIONS

No person under the age of eighteen (18) shall be allowed to participate in gaming activities. No person under the age of sixteen (16) shall be allowed into the facility where gaming activities take place. Persons of the ages 16 and 17 shall be allowed in the facility only if employed by STEDCO to assist in the operation of the game. STEDCO is authorized to establish a family night at which no age restrictions shall apply.

SECTION 6: JURISDICTION AND LAW ENFORCEMENT

A. All individuals attending a Siletz gaming activity shall be deemed to have submitted themselves to the civil authority of the Siletz Tribe. Any individual cheating, stealing, disturbing the peace, disrupting the game, damaging or destroying the property of others, using intoxicating beverages, other intoxicants or controlled substances, committing or threatening to commit bodily harm to another or committing a violation of any other provision of tribal law or any rules or regulations established to regulate the gaming activity shall be subject to the penalties and procedures set forth herein.

B. All individuals committing a violation referred to in subsection A shall be subject to the inherent power of exclusion of the Siletz Tribe and may be required to leave the boundaries of the Tribe's reservation immediately.

C. Any individual found to have committed a violation referred to in subsection A, after a hearing before the Siletz Tribal Court under appropriate standards of due process, shall be subject to a civil penalty not to exceed Five Thousand Dollars ($5,000.00) for any single offense.

D. Any individual allegedly committing a violation of subsection A, shall forfeit any prizes, cash or otherwise, won during the course of the activity at which the violation is alleged to have taken place and such prize or winning shall be returned to such individual only upon order of the Tribal Court following a hearing and after all civil penalties imposed by the Court are satisfied.

E. Except as set forth herein, hearings shall be conducted pursuant to the Tribe's Appellate Procedures Ordinance, Sections 13 - 15 and 17 - 21 and those other sections deemed appropriate by the Chief Judge. A representative of STEDCO, who may be an attorney, shall present a petition against the person alleged to have violated the law or regulations. All parties may be represented by counsel, at their own expense, and may call witnesses and present evidence at the hearing. The hearing shall be conducted before the Chief Judge or his designated alternate.

CERTIFICATION

The foregoing ordinance was approved by the Siletz Tribal Council at a Regular Council meeting held on May 21, 1988, at which a quorum was present and the ordinance was approved by a vote of 8 FOR, 0 AGAINST, 0 ABSTAINING.

 

		SILETZ TRIBAL COUNCIL By            /s/                        Delores Pigsley Tribal Chairman
ATTEST:
/s/                     Bonnie M. Petersen Tribal Council Secretary		/s/                     Nelson Witt B.I.A. Superintendent

Gaming Ordinance, Number 88-01
Approved May 21, 1988, Resolution #88-116

RESOLUTION

WHEREAS, the Siletz Tribal Council is empowered to act on behalf of the Confederated Tribes of Siletz Indians of Oregon pursuant to Article IV, Section 1 of the Tribe's Constitution approved June 13, 1979 by the Acting Deputy Commissioner of Indian Affairs; and

WHEREAS, there is a need for a Gaming Ordinance for the Confederated Tribes of Siletz Indians; and

WHEREAS, the Siletz Tribal Council has had a Gaming Ordinance drafted; and

WHEREAS, the first reading was held on 3/19/88, and the proposed ordinance was published in the tribal newsletter for comments; and

WHEREAS, no comments were received; now

THEREFORE BE IT RESOLVED that the Siletz Tribal Council hereby approves the Gaming Ordinance and waives the second reading of the Ordinance.

SILETZ TRIBAL COUNCIL By               /s/                     Delores Pigsley Tribal Chairman

CERTIFICATION

This Resolution was adopted at a Regular Council meeting held on 05/21/88 at which a quorum was present, and the Resolution was adopted by a vote of 8 FOR, 0 AGAINST, and 0 ABSTAINING, the Chairman or Vice-Chairman being authorized to sign the Resolution.

 

SILETZ TRIBAL COUNCIL By               /s/                     Bonnie M. Petersen Tribal Council Secretary

PLACE: Siletz

#12

CONFEDERATED TRIBES OF SILETZ
SILETZ, OREGON
Regular
COUNCIL MEETING

MEMORANDUM OF RECOMMENDATION

TO: TRIBAL COUNCIL

FROM: Mike Darcy

SUBJECT: Gaming Ordinance

I MOVE: To approve to accept Gaming Ordinance revisions.

SECONDED BY: Mary Fisher

 

Council Members		Vote Cast		Council Members		Vote Cast
	AB	YES	NO		AB	YES	NO
Delores Pigsley		X		Bensell Breon		X
Dolly Fisher		X		Gladys Staggs		X
Mike Darcy		X		Jane John		X
Jessie Davis		X		Rosemary Landis		X
Lillie Bulter

COUNCIL ACTIONS:

FOR 8 AGAINST 0 ABSTAINING 0

Delores Pigsley, Tribal Chairman CERTIFICATION                /s/                    Mary Fisher, Council Secretary Date Enacted: 4/17/93 Implementation Date: 4/17/93

[Digitizer's Note: Correspondence follows this council meeting memo; the correspondence is not included in this digital copy. Resolution 93-114 follows the correspondence; the copy of this resolution, though, is illegible due to poor copy reproduction, and it is not included here.]

Gaming Ordinance
Siletz Tribal Code § 6.01

[Digitizer's Note: Page 1 is missing. This digital copy begins with page 2.]

(e) "Gaming Enterprise^" shall mean any gaming operation owned and operated by the Tribe on tribal trust land for the conduct of games of chance as its primary activity.

(f) "Management Officials" shall mean any persons who have a direct financial interest in, or management responsibility for, a Gaming Enterprise, and in the case of a corporation shall include those individuals who serve on the Board of Directors or such corporation and each of its stockholders who hold (directly or indirectly) ten (10) percent or more of its issued and outstanding stock.

(g) "Key Employee" shall mean any person who is employed at a gaming enterprise, either by the Tribe or by another entity, with responsibility for the manage mentor supervision of the conduct of gaming activities; the handling or safekeeping of money or financial records; the making of decisions as to the hiring, retention, and promotion of personnel; the maintenance or inventory of gaming supplies, equipment or apparatus; or the maintenance of the security of the gaming premises, including, but not limited to the following specific positions (or positions involving functions similar to those performed by): a General Manager, Program Director, Money Room Supervisor, Bingo Operations Manager, Comptroller, Personnel Manager, or such other positions that may be designated from time to time by the Tribal Gaming Agency and approved by Resolution of the Tribal Council.

(h) "Parties in Interest" shall mean any person or entity (including individuals comprising such entity) having a direct financial interest in, or responsibility for, the management of the gaming enterprise, including investors, lenders, general and limited partners, corporate officers and directors, all stockholders who hold(directly or indirectly) at least ten (10) percent of the stock of any corporation which is a party to a gaming contract with the Tribe, all key employees who have day to day management responsibility for the gaming enterprise, and any person or entity holding a direct or indirect financial interest in a lease or purchase agreement for the leasing or purchase of gaming equipment.

(i) "Player" shall mean any natural person paying some amount of United States currency for admission to, or participation in, gaming activities conducted by a Gaming Enterprise. A player shall also include a natural person who gives something of value other than United States currency for admission to, or participation in, such gaming activities.

(j) "Contract, subcontract or agreement" shall mean any arrangement whereby any person or entity is providing management skills, technical assistance or management advice or expertise to the tribe or tribal enterprise for a gaming operation, or any portion of such an operation. The term shall also include any agreement which provides any right or authority to approve, disapprove or have any other control over gaming operations or management decisions affecting such operations, including any employment contract employing any person to manage or otherwise direct a gaming operation.

§6.22 Games Authorized

The Tribe is authorized to conduct, through a Gaming Enterprise, any games of chance which are authorized by law. The rules of each game conducted by a Gaming Enterprise shall be established by regulation adopted by the Gaming Agency.

Under no conditions shall any games be operated on tribal land which are owned and operated by any person or entity other than the Tribe.

The conditions and rules under which each game of chance shall be played shall be prescribed by regulation adopted by the Tribal Gaming Agency and approved by the Tribal Council.

§6.23 Licenses

The following licensing and regulatory provisions shall apply to any gaming enterprise located on lands under the jurisdiction of the Confederated Tribes of Siletz Indians of Oregon:

(a) Licenses - Required. A tribal gaming license shall be required in the following situations:

(1) A separate license issued by the Tribe shall be required for each gaming enterprise at which Class II or Class III gaming as defined by the Indian Gaming Regulatory Act is operated. A gaming enterprise shall be considered separate for purposes of requiring an individual license under this section if it is not operated at the same place, facility or location as an already licensed facility.

(2) All Management officials, key employees, and parties in interest as defined by this Ordinance shall have a current license to perform their functions, issued by the Tribal Gaming Agency.

(b) Licenses - Procedure for Issuance. The licensing procedure of the Tribal Gaming Agency shall be as follows:

(1) The Tribal Gaming Agency may grant a license to a gaming enterprise to operate if the following conditions are met:

(A) Each gaming enterprise must possess a separate license;

(B) The Tribe must have sole proprietary interest in the enterprise, provided, that the management function for a gaming enterprise may be contracted by the Tribe to another person or entity if such contract is approved according to relevant federal regulations;

(C) Systems to ensure that adequate accounting procedures will be maintained and verifiable financial reports will be made available to the Tribal Gaming Agency and Tribal Council are in place;

(D) The enterprise is constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety;

(E) Independent audits of gaming operations on an annual basis by auditors selected by the Tribal Council shall be provided for;

(F) Access by the Tribal Council and its authorized representatives to the daily operations of the gaming and the right to verify the daily gross revenues and income received from gaming operations shall be provided for;

(G) For gaming enterprises which have a management contract associated with them, such contracts shall contain the requirements mandated by the Indian Gaming Regulatory Act, 25 USC §2711; and

(H) Each license granted under this Section shall be conditioned upon the licensee's compliance with the provisions of this Ordinance.

(2) Licenses - Management Licenses.

(A) All entities which propose to enter into a contract, subcontract or agreement as defined by this Ordinance with the Siletz Tribe shall submit an application to the Tribal Gaming Agency, in writing and on a form drafted by the Tribal Gaming Agency and approved by the Tribal Council. A complete business plan shall be submitted with all applications.

(B) The application shall contain the following information:

(i) the name, address, and other additional pertinent background information on each person or entity (including individuals comprising such entity) having a direct financial interest in, or management responsibility for, such contract, and, in the case of a corporation, those individuals who serve on the board of directors of such corporation and each of its stockholders who hold (directly or indirectly) 10 percent or more of its issued and outstanding stock;

(ii) a description of any previous experience that each person listed pursuant to subparagraph (i) has had with other gaming contracts with Indian tribes or with the gaming industry generally, including specifically the name and address of any licensing or regulatory agency with which such person has had a contract relating to gaming;

(iii) a complete financial statement of each person listed pursuant to subparagraph (i);

(iv) such other information as may be required by the Tribal Gaming Agency from time to time, as set forth in regulations approved by the Tribal Council; and

(v) the past criminal record, if any, of all persons financially or otherwise interested in or employed by the contractor or subcontractor shall be shown.

(C) All applications, including those for renewal, shall be submitted under oath. An original application shall be accompanied by a nonrefundable processing fee of $5000.00.

(D) The Tribal Gaming Agency shall issue a license only after due consideration of a fully completed application, and such license shall not become effective until approved by the Tribal Council.

(E) An existing management license issued pursuant to the terms of this Section shall be renewed on an annual basis under the following terms and conditions:

(i) an application for renewal shall be completed and submitted to the Tribal Gaming Agency at least ninety (90) days before the expiration of an existing license. Such application shall be submitted on the form created for initial license applications or such other form as may be developed by the Tribal Gaming Agency and approved by the Tribal Council from time to time;

(ii) an application renewal fee of $5000.00 shall accompany said application;

(F) If an application for renewal is not filed within the specified time frame, the application renewal fee is not paid, or the application is not approved by the Tribal Gaming Agency and the Tribal Council, the Contractor or subcontractor shall not conduct or manage any gaming operation after the expiration date of the previous license. Violation of this section shall subject the violator to the penalties set out in this Ordinance.

(G) An application for renewal may be denied for cause by the Tribal Gaming Agency or the Tribal Council. Reasons for denial of an application for renewal of a management license shall be set forth in writing within sixty (60) days of receipt of said application, provided, that an application for renewal may be denied at any time after information sufficient to support such denial is obtained from the National Indian Gaming Commission or the Department of the Interior.

(H) Upon the issuance of a management license, either an original or a renewal license, to manage or operate a gaming enterprise, the operator or manager shall pay an annual license fee to the Confederated Tribes of Siletz Indians of Oregon, to be paid no later than the effective date of the license. The license fee shall be based on the total number of employees employed at the gaming enterprise. The license fee assessment shall be calculated as follows:

If said license fee assessment is not paid to the Tribe in timely fashion, the license shall not be issued and the operator and manager shall be assessed a penalty, as liquidated or compensatory damages, of $500.00 per game for each and every game conducted or the total gross profit for each night of gaming enterprise operation, whichever is greater, until the license fee assessment is paid. If the operator or manager held a previous license, the penalty shall be assessed from the expiration of the previous license until the license fee is paid.

(I) No management contract or license may be sold, transferred or assigned by the licensee or by operation of law to any other person, persons or legal entity, and any such sale, transfer, or assignment, or attempted sale, transfer or assignment shall be deemed a voluntary surrender of the license or contract, which contract or license shall thereupon be terminated and void; provided, that if the management license is held by a partnership or corporation and one or more of the partners or shareholders dies, or chooses to divest him or herself of his or her entire interest in said management license, the remaining partners or shareholders may acquire the interest of such partner or shareholder without effecting a surrender or termination of the license. No new partners or shareholders are permitted to acquire any interest in the management license upon the death of, or sale by, any existing partner or shareholder. A license issued to an individual shall terminate with death of the individual. A licensee may not incorporate after approval of the license. Any such incorporation, or attempted incorporation, shall be deemed a voluntary surrender of such license, and the license shall thereupon be terminated.

(3) Licenses - Management Officials, Key Employees and Parties in Interest.

(A) A tribal license shall be required for each management official, key employee or party in interest of each gaming enterprise owned and operated by the Tribe.

(B) Each person who wishes to become a management official, key employee or party in interest as defined by this Ordinance shall submit an application for a license to the Tribal Gaming Agency on an application form drafted by the Tribal Gaming Agency and approved by the Tribal Council.

(C) The Tribal Gaming Agency shall develop regulations which describe in detail the procedure to be followed in processing applications for management officials, key employees and parties in interest, including the background information to be provided to the Tribe by applicants and the procedure for conducting a background investigation of each applicant. Said regulations shall be approved by the Tribal Council and shall be furnished to the National Indian Gaming Commission upon such approval, and after any amendment to said regulations. Said regulations shall include a provision that the Tribe or its agents, in conducting a background investigation, shall promise to keep confidential the identity of each person interviewed in the course of the investigation.

Where an investigative report on a management official, key employee or party in interest already exists and has already been forwarded to the National Indian Gaming Commission or the Department of the Interior, the existing report may be updated rather than performing an entirely new investigation.

(D) The regulations adopted to process applications for management officials, key employees and parties in interest shall include the agency, either tribal, private or state, with which the Tribe has contracted to perform background investigations of said applicants. Said regulations shall set out a payment schedule for a processing fee for applicants to cover the cost of said background investigation. Such payment schedule shall not apply to any person who is acting in an official tribal capacity or is a tribal employee. Said fees shall be waived for such persons. The Tribe shall cover the processing costs for such persons from its own funds. Provided, that if for any reason said fees must be paid by the person, the Tribe shall be responsible for paying such fees from its own funds.

(E) Each applicant under this section shall be required to submit a set of fingerprints to the Tribe, using form FD-258, Applicant Fingerprint Card. The completed card and the results of the background investigation shall be forwarded to the Division of Law Enforcement Services of the Bureau of Indian Affairs in Washington, D.C., and to the National Indian Gaming Commission.

(F) The Tribal Gaming Agency shall not grant a license to or employ (or permit a management contractor to employ) a management official, key employee or party in interest if, after applying the standards set out in this Ordinance and regulations adopted pursuant thereto, the Agency determines that employment of a person under investigation poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances the dangers or unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming.

(G) The Tribal Gaming Agency shall promptly notify the Area Director, Bureau of Indian Affairs, and the National Indian Gaming Commission of the issuance of a tribal gaming license to a management official, key employee, or party in interest.

(4) Timing of Employment - License Suspension.

(A) The Tribal Gaming Agency may approve employment of a management official, key employee or party in interest before the results of a background investigation have been completed and before the National Indian Gaming Commission or Department of the Interior, as the case may be, have cleared such individual, under the following circumstances:

(i) A completed application containing the information required by tribal regulations shall have been submitted to the Tribal Gaming Agency. The Agency shall immediately forward such application to the Commission and to the Portland Area Office of the Bureau of Indian Affairs;

(ii) The Tribal Gaming Agency shall immediately commence a background investigation to determine the eligibility of the employee for continued employment in the gaming enterprise.

(iii) Upon completion of the background investigation and after making a determination of eligibility for employment in the gaming enterprise, the Tribal Gaming Agency shall forward a copy of the background investigation report to the Commission and Department of the Interior. Such report shall be sent within sixty (60) days after a management official, key employee or party in interest begins employment in a gaming enterprise.

(iv) In no event shall a gaming enterprise employ a person as a key employee or management official if such person does not have a tribal license within ninety (90) days after beginning employment.

(v) If the Tribe or Tribal Gaming Agency receives a request for additional information from the National Indian Gaming Commission or Department of the Interior within thirty (30) days after said Commission or Department receives the Tribal Gaming Agency's background investigation report concerning an employee who is the subject of a report, the Tribal Gaming Agency shall respond to such request in writing within thirty (30) days.

(B) The Tribal Gaming Agency shall in no circumstances grant a gaming license to a key employee or management official before forwarding a background investigation report to the National Indian Gaming Commission and Department of the Interior. A gaming license may be issued to a key employee, management official or party in interest, if the Tribal Gaming Agency has made a determination that the person is eligible for a tribal gaming license, after said background report has been duly submitted, in the following circumstances:

(i) If, thirty (30) days after the Tribal Gaming Agency's background report on a person has been received by the National Indian Gaming Commission and the Department of the Interior, said Commission and Department have not notified the Tribal Gaming Agency that they have any objection or require additional information; or

(ii) Thirty (30) days after the Commission or Department has requested and received additional information on a person from the Tribe or Tribal Gaming Agency, and no objection to such person has been received from these federal agencies. The Tribal Gaming Agency shall issue a temporary permit to any license applicant pending a response from the Commission or Department, if the applicant has supplied a completed application and all other required informationand if no disqualifying information is apparent on the face of the completed application or has otherwise come to the attention of the Tribal Gaming Agency. Such temporary license shall automatically expire when a decision on a permanent license has been made by the Tribal Gaming Agency.

(C) If the Commission or Department notifies the Tribe or Tribal Gaming Agency of any objection to a person applying for a tribal gaming license, the Tribe shall immediately terminate the employment of such person as a key employee, management official or party in interest.

(D) If, after the issuance of a tribal gaming license, the Tribal Gaming Agency receives reliable information from the National Indian Gaming Commission, the Department of the Interior, or any other source indicating that an employee is not eligible under subsection 3(F) for employment as a key employee, management official, or party in interest, the Tribal Gaming Agency shall immediately suspend such license and shall notify in writing the licensee of the suspension and the fact that the Agency intends to revoke such license. Such revocation notice shall inform the licensee that he or she shall have ten (10) days to file a written request for a hearing with the Tribal Gaming Agency.

(i) An employee shall have the right to a hearing to contest such suspension and the proposed revocation of his or her tribal gaming license. The Tribal Gaming Agency shall notify the licensee of the time and place for the hearing scheduled on the proposed revocation of the license. The Tribal Gaming Agency shall adopt hearing procedures by regulation, which shall be approved by the Tribal Council.

(ii) At the conclusion of the revocation hearing, the Tribal Gaming Agency shall decide to revoke or reinstate the person's tribal gaming license. The Agency shall notify the National Indian Gaming Commission and the Department of the Interior in writing of its decision.

(Iii) If the decision of the Tribal Gaming Agency is to revoke the tribal gaming license, the person whose license is revoked shall have a right of appeal to the Siletz Tribal Court.

§6.24 Work Permits

(a) All employees of a tribal gaming enterprise shall obtain and possess a work permit from the Tribal Gaming Agency. No person shall be employed at the tribal gaming enterprise without having first obtained a tribal work permit.

(b) The Tribal Gaming Agency, by regulation, shall establish an application process for tribal work permits for employees in tribal gaming enterprises. Individuals are prohibited from working at or managing the gaming enterprise without a valid work permit. Said process shall include a procedure for background investigations of applicants where appropriate, and adoption of standards for disqualification of potential employees. Said regulations shall become effective upon approval by the Tribal Council. The Tribal Gaming Agency shall retain applications for employment and reports (if any) of background investigations for the term of employment of the employee or for a period of three (3) years, whichever period is longer. These records shall be available for inspection only by the National Indian Gaming Commission or the Department of the Interior, in addition to regular business use by the Gaming Agency.

(c) Applications shall be submitted under oath, and shall contain such information as may be necessary for the Tribal Gaming Agency to determine whether the applicant is a fit person to be employed in the tribal gaming enterprise, in the position applied for.

(d) The Tribal Gaming Agency shall issue an annual work permit to an employee after making a determination that the person is eligible to be employed by the gaming enterprise. The Agency may by regulation establish a fee for the issuance of a work permit.

(e) The Tribal Gaming Agency may deny issuance of a work permit or revoke an existing work permit if it obtains reliable information that employment of a particular person would be contrary to the best interests of the gaming operation and the Siletz Tribe. The Agency may by regulation establish standards for such determination.

A decision to deny a work permit or to revoke an existing permit to a Siletz tribal member may be appealed to the Siletz Tribal Court. In all other cases the decision of the Tribal Gaming Agency shall be final.

(f) The Tribal Gaming Agency shall issue an identification badge to each person who is granted a work permit under this section. Such badge shall be worn at all times while the permittee is on duty at the gaming enterprise. Such badge is the property of the Tribal Gaming Agency and shall be surrendered to the Agency upon the permittee's termination of employment or upon revocation or a work permit by the Agency. The Agency may establish be regulation a deposit fee for identification badges to encourage their return. Failure to return such badge when requested shall constitute a violation subject to a $500 fine to be imposed by the Tribal Gaming Agency.

(g) Issuance to and acceptance by a person of a work permit for a gaming enterprise shall constitute consent by the permittee to the jurisdiction and authority of the Confederated Tribes of Siletz Indians of Oregon for all purposes related to such persons employment relationship with the Tribe.

(h) Upon revocation of a work permit, the person who held such permit shall be excluded from the gaming enterprise and any trust land surrounding such enterprise. Any entry of such person upon tribal land after revocation has occurred shall be considered trespass, and the Tribal Gaming Agency shall move to exclude such person from the gaming enterprise under the Tribal exclusion Ordinance.

§6.25 Use of Tribal Gaming Revenues

(a) Net revenues from a gaming enterprise shall be limited to any or all of the following purposes, in percentages to be set from time to time by the Tribal Council;

(1) to fund tribal government operations or programs;

(2) to provide for the general welfare of the Indian tribe and its members;

(3) to promote tribal economic development,

(4) to donate to charitable organizations; or

(5) to help fund operations of local government agencies.

(b) The Tribal Gaming Agency shall prepare a plan for consideration and adoption by the Tribal Council to allocate net revenues within the priorities listed in subsection (a). The Tribal Council shall adopt such plan by Tribal Resolution, and may modify it from time-to-time as circumstances warrant. The Tribal Council may adopt such plan by Tribal Resolution or may adopt a different plan, and may modify the plan which is adopted, from time-to-time, as circumstances warrant.

(c) Upon adoption of such plan, the plan shall be forwarded to the Secretary of the Interior for approval.

(d) No per capita payments to tribal members shall be approved unless the requirements of the Indian Gaming Regulatory Act are met.

§6.26 Audits

(a) Annual outside audits of all gaming enterprises shall be provided by the Tribal Gaming Agency to the National Indian Gaming Commission. Such audits may be included within the existing independent tribal audit system.

(b) All contracts for supplies, services, or concessions for a contract amount in excess of $25,000 annually, except contracts for professional, legal, or accounting services, relating to a gaming enterprise shall be subject to such independent audits.

(c) The Tribal Gaming Agency shall establish by regulation a procedure for tribal audits of gaming enterprises, which shall provide for frequent tribal auditing of gaming enterprise operations. Such audits shall be for the sole and exclusive use of the Tribal Gaming Agency and the Tribal Council.

§6.27 Regulatory Fees

The Tribal Gaming Agency shall establish by regulation a schedule of fees which shall be assessed against the management of a gaming enterprise to cover all of the costs of enforcing this Ordinance with regard to such enterprise. If the Tribe is managing its own gaming operations, the costs of enforcing this Ordinance will be paid from tribal funds and will be assessed as a cost of the gaming operation. The schedule of fees shall be approved by the Tribal Council.

§6.28 Dispute Resolution

The Tribal Gaming Agency shall establish by regulation a dispute resolution system to consider and resolve complaints made by patrons of the gaming enterprise with regard to their activities while at the gaming enterprise. Any system adopted shall protect the due process rights of all patrons of the gaming enterprise. The Tribal Council shall approve such regulations.

§6.29 Administration, Management, and Operation of Siletz Gaming

The Tribal Gaming Agency is delegated the authority to administer and implement this Ordinance, including general control, management and supervision of all activities and properties authorized herein, both real and personal, and to exercise all of the powers necessary and proper to accomplish all of the purposes of this Ordinance as set forth herein. The following acts are illustrative of the type of actions the Tribal Gaming Agency may take on behalf of the Tribe:

(a) to adopt and enforce rules and regulations,subject to Tribal Council approval, for the purpose of carrying into effect the purposes and provisions of this Ordinance and the Indian Gaming Regulatory Act;

(b) collecting, auditing, issuing and/or establishing and collecting fees, licenses, taxes and permits; and

(c) purchasing, leasing, warehousing and selling all devices and other equipment related to the conduct of gaming by a gaming enterprise.

§6.30 Reports to the Tribal Council.

The Siletz Gaming Agency shall submit to the Tribal Council on a monthly basis, at least one week before the regularly scheduled monthly Tribal Council meeting, a financial report for the previous month's tribal gaming operations. The manager of each gaming operation shall submit a monthly signed report, made under oath, to the Siletz Gaming Agency by the seventh day of each month. Such reports shall document:

(a) Monthly attendance at each type of gaming activity;

(b) Gross receipts for the month;

(c) Names of each employee and the salary or other compensation paid to each;

(d) Quantity of free plays and other gratuities dispensed during the month;

(e) All expenses in the operation of the games, including specific payments to individual contractors and vendors;

(f) The amount paid in prizes for each gaming activity during the month;

(g) All bank deposits made from the proceeds of each gaming activity, including any interest received on such deposits;

(h) All expenditures of net proceeds from a gaming operation including the amount, person or organization paid, date, and purpose of such expenditures.

The Tribal Council on Siletz Gaming Agency may require that records required to be kept under this section be preserved by a licensed organization for at least five (5) years, and such records may be inspected by employees or agents of the Tribe at any reasonable time without notice or search warrant. Failure of any licensee to cooperate with the Tribe or failure to preserve the records specified in this section may result in the immediate suspension without prior notice or hearing of that licensee's license.

§6.31 Gambling Prohibited

Gambling on land owned by the Confederated Tribes of Siletz Indians of Oregon by any person other than at an approved tribal gaming enterprise, and conducted by any party, partnership, entity, firm or corporation other than one licensed pursuant to this Ordinance is hereby prohibited unless licensed and operated under the terms of this Ordinance, and any rules and regulations adopted pursuant thereto.

§6.32 Sovereign Authority; Sovereign Immunity

(a) The tribe shall retain full sovereign authority over any gaming enterprise established and operated under this Ordinance, and over any lands upon which such enterprise is located.

(b) The sovereign immunity of the Tribe is not waived by any of the provisions in this Ordinance, except as specifically stated herein.

(c) No monetary damages may be awarded against the Tribe under any of the appellate remedies provided in this Ordinance, except for the dispute resolution procedure adopted pursuant to Section 6.28. Only actual damages may be awarded under Section 6.28, and shall be payable only from gaming revenues of tribal gaming operations.

§6.33 Tribal Court Jurisdiction

The Siletz Tribal Court shall have exclusive jurisdiction over the enforcement of this Ordinance, except as otherwise specifically provided herein.

§6.34 Revocation of Existing Ordinances

All existing tribal Ordinances that involve gaming in any respect are hereby revoked, and shall be of no further legal effect.

§6.35 Severability

If any provision or clause of this Ordinance or the application thereof to any person or circumstance is held to be unconstitutional or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other provisions of this Ordinance or clauses or applications thereof which can be implemented without the invalid provision, clause or application, and to this end, the provisions and clauses of this Ordinance are declared to be severable.

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