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Subchapter 1 - General Provisions
58-01-01 Title
This Ordinance shall be known and may be commonly cited as the Sisseton-Wahpeton
Sioux Tribal Gaming Ordinance.
58-02-01 Policy and intent
58-02-02 The purpose of this Ordinance is to regulate of class II and class III gaming activities conducted on Indian lands of the Sisseton-Wahpeton Sioux Tribe in order to generate revenue for the operation of tribal government programs and services, promote tribal self-sufficiency and economic development, shield the operation of gaming from organized crime and other corrupting influences, and assure that gaming is conducted fairly and honestly by both the operator and players. This Ordinance, as amended, shall supersede any prior gaming ordinance and, in accordance with the requirements of the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq., shall govern gaming activities of the Tribe in by the State of South Dakota and the State of North Dakota.
58-03-01 Authorization of gaming
58-03-02 The Sisseton-Wahpeton Sioux Tribe hereby authorizes class
I, class II, and class III gaming activities, as defined in and in accordance
with this Ordinance, on Indian land within the jurisdiction of the Sisseton-Wahpeton
Sioux Tribe.
58-04-01 Civil jurisdiction; patron dispute resolution
58-04-02 The Tribe shall exercise civil jurisdiction over all civil matters
involving players of authorized class II or class III gaming, licensees, and
other arsons and entities and that involve the transaction of any business or
the commission of tortious acts on or within Indian land or on or within any
other property related to class II or class ill gaming on Indian land or that
involve a contract, wherever entered into, to supply goods or services on or
within such property. The Tribe shall also exercise civil jurisdiction over
any person who commits a tortious act outside of Indian land provided that such
person regularly does or solicits business, or engages in any other persistent
course of conduct, or derives substantial revenue from goods used or consumed
or services rendered on Indian land, or expects or should reasonably expect
the act to have consequences on Indian land and derives substantial revenue
from interstate or international commerce or from commerce with the Tribe.
58-04-03 The Commission or any class II or class III gaming operation manager of the Tribe may require any person or entity licensed pursuant to this Ordinance or any other person or entity employed by or doing business with the Tribe's gaming operations as a patron or otherwise to contractually or otherwise agree, as a condition of employment or of doing business with the Tribe's gaming operations, that the Tribe shall have exclusive jurisdiction to determine any civil matter within the civil jurisdiction of the Tribe conferred by Section 58-04-02. The absence of any such agreement shall not affect, limit or diminish the Tribe's civil jurisdiction over any person or entity.
58-04-04 A licensed gaming operation or management contractor shall seek to immediately resolve any dispute between any member of the gaming public and the gaming operation. Any patron who is dissatisfied with the dispute resolution proposed by a gaming operation or management contractor may present such dispute for final resolution either to:
1. The Tribe's courts; or
2. The Commission acting within the regulatory jurisdiction conferred upon
it under this Ordinance; or
3. An impartial mediator designated by the Tribal Council; or
4. An impartial arbitrator designated by the Tribal Council.
The Commission shall present to the Tribal Council a summary report of gaming dispute cases. Nothing in this Section shall prohibit the Tribe, in a management contract, from adopting a different and alternative procedure for resolving such disputes.
58-05-01 Definitions
For the purpose of this Ordinance the following will apply to the terms used.
58-05-02 The term "Commission" means the Sisseton-Wahpeton Sioux Tribal Gaming Commission.
58-05-03 The term "class I gaming" means social games played solely for prizes of minimal value or traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, tribal ceremonies or celebrations and includes any games defined in 25 C.F.R. 502.2.
58-05-04 The term "class II gaming" means the game of chance defined in 25 C.F.R. 502.3 and commonly known as bingo (whether or not electronic, computer, or other technological aids are used in connection therewith):
1. which is played for prizes, including monetary prizes, with cards bearing
numbers or other designations,
2. in which the holder of the card covers such numbers or designations when
objects, similarly numbered or designated, are drawn or electronically determined,
and
3. in which the game is won by the first person covering a previously designated
arrangement of numbers or designations on such cards, including, if played in
the same location, pull tabs, lotto, punch boards, tip jars, instant bingo,
and other games similar to bingo, and
58-05-05 The term "class II card games" means those card games that:
1. are known as blackjack (21) only when played in the State of South Dakota
and poker, but only if such card games are played in conformity with 25 U.S.C.
2703(7)(C), or,
2. are not prohibited as a matter of criminal law by the States of South
Dakota or North Dakota and are legally played at any location in the State of
South Dakota or the State of North Dakota, or,
3. are explicitly authorized by the laws of the States of South Dakota or North
Dakota, and,
4. unless otherwise authorized pursuant to 25 U.S.C. 2703(7)(C), are
played in conformity with those laws and regulations, if any; of the State of
South Dakota or the State of North Dakota regarding hours or periods of operation
of such card games or limitations on wagers or pot sizes in such game cards.
58-05-06 Except for blackjack (21) when played in the State of South Dakota, the term "class II gaming" does not include:
1. any banking card games, including baccarat, chemin de fer, or,
2. electronic or electromechanical facsimiles of any game of chance or slot
machines of any kind.
58-05-07 The term "class III gaming" means all forms of gaming that are not class I or class II gaming or class II card games and that are defined in 25 C.F.R. 502.4. This term includes, but is not limited to, gambling devices, dice games, wheel games, card games, pari-mutuel wagering on horses and dogs, lotteries, sports betting pools, and sports betting, including parlay cards.
58-05-08 The term "distributor" means a person or entity that sells, leases, markets or otherwise distributes gambling devices, equipment, games or implements of gambling which are usable in the lawful conduct of gambling games pursuant to this Ordinance, to a licensee authorized to conduct gambling games pursuant to this Ordinance.
58-05-09 The term "gambling device" means:
1. Any so-called "slot machine," "progressive slot machine," or any machine
or mechanical device an essential part of which is a drum or reel with insignia
thereon, and
a. which when operated may deliver, as the result of the application of an
element of chance, any money or property, or
b. by the operation of which a person may become entitled to receive, as
the result of the application of an element of chance, any money or property;
or
2. Any other machine or mechanical device (which includes but is not limited
to, roulette wheels and similar devices) designed and manufactured primarily
for use in connection with gambling, and
a. which when operated may deliver, as the result of the application an element
of chance, any money or property
b. by the operation of which a person may become entitled to receive, as
the result of the application of an element of chance, any money or property;
3. Any video game of chance;
4. Any subassembly or essential part intended to be used in connection with
any such machine or mechanical device, but which is not attached to any such
machine or mechanical device as a constituent part.
58-05-10 The term "gross revenues" means the total sums collected and, when applicable, shall include the total sums collected from non-gambling sales made on the premises of or in connection with the Tribe's gaming operations.
58-05-11 The term "Indian land" means:
2. II lands of the Sisseton-Wahpeton Sioux Tribe as may have Indian reservation
status under federal law;
All lands title to which is held in trust by the United States for the benefit of the Sisseton-Wahpeton. Sioux Tribe or any other member of the Tribe and over which the Sisseton-Wahpeton Sioux Tribe exercises governmental power;
3. All lands held by the Sisseton-Wahpeton Sioux Tribe or any member of
the Tribe subject to a restriction by the United States against alienation and
over which the Sisseton-Wahpeton Sioux Tribe exercises governmental power; and
4. All lands which may be acquired by the Sisseton-Wahpeton Sioux Tribe in
the future which meet the requirements, if applicable, of 25 U.S.C. 2719.
58-05-12 The term "key employee" means any person employed in a supervisory capacity within a gaming operation who is empowered to make discretionary decisions with regard to the gaming operation. Key employees include but are not limited to:
1. Gaming facility managers and assistant managers, bingo callers, counting
room supervisors, cashier supervisors, security supervisors, surveillance supervisors,
custodians of gaming supplies or cash, floor managers, pit bosses, dealers,
croupiers, approvers of credit, and custodians of gambling devices, including
persons with access to cash and accounting records within such devices.
2. If not otherwise included, any other person whose total cash compensation
is in excess of $50,000 per year; or
3. If not otherwise included, the four most highly compensated persons in
the gaming operation.
58-05-13 The term "lottery" means a game for which chances are sold,. the winning chance or chances being secretly predetermined or later selected in a chance drawing and in which the holders of winning chances receive money or something of value. The term "chance drawing" includes the identification of winning numbers or symbols by a mechanical, electronic or electromechanical device which makes the selection in a random manner. The term "lottery" includes keno and the types of lottery games actually being conducted by the States of South Dakota and North Dakota unless the game is by definition a video game of chance or a slot machine.
58-05-14 The term "management contract" means any contract, subcontract, or collateral agreement between the Tribe and a contractor or between a contractor and a subcontractor if such contract or agreement provides for the management of all or part of a gaming operation.
58-05-15 The term "management contractor" means any person, partnership, corporation or other entity which is engaged by the Tribe to act as the Tribe's agent in the operation of gaming activities pursuant to a contract or agreement executed by such person, partnership, corporation or other entity and the Tribe and approved pursuant to the Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq.
58-05-16 The term "manufacturer" means a person or entity that designs, assembles, fabricates, produces, constructs, or who otherwise prepares a product or a component part of a product of any device, equipment, or implement of gambling usable in and necessary to the play of gambling games pursuant to this Ordinance.
58-05-17 The term "pari-mutuel" means a betting system in which all persons who bet share in an established prize pool of similar bets.
58-05-18 The term "parlay cards" means a form of sports betting in which the player must correctly select the winners in a specified minimum number of events in order to win.
58-05-19 The term "person having management responsibility for a management contract" means the person designated by the management contract as having management responsibility for the gaming operation; or a portion thereof.
58-05-20 The term "primary management official" means:
1. the person having management responsibility for a management contract;
or
2. Any person appointed or elected to a Gaming Board or other Management
Board who has management authority with respect to a tribal gaming operation.
3. Any person or entity which sets up the working policy for a gaming operation
or which approves or disapproves the working policy or specific decisions of
a gaming operation's general manager or who has authority to hire and fire employees.
4. Any person or entity authorized to obligate funds from any tribal gaming
operation for operating expenses or make allocations of net revenues on behalf
of the Tribe.
5. A chief financial officer or other person who has financial management
responsibility.
6. Any other person defined as a primary management official in 25 C.F.R.
502.19.
58-05-21 The term "progressive slot machine" means a slot machine or bank of slot machines with a payoff which increases as the slot machine is played.
58-05-22 The term "slot machine" means a mechanical or electronic gaming device into which a player deposits coins or tokens and from which certain numbers of coins are paid out when a particular, random configuration of symbols appears on the reels or screen of the device.
58-05-23 The term "sports betting" means the placing of bets or wagers on the outcome of any athletic event, sporting event or similar contest including, but not limited to, the playing of parlay cards.
58-05-24 The term "sports betting pool" means a game in which numbers are randomly selected by the participants, and winners are determined by whether the numbers selected correspond to numbers relating to an athletic event in the manner prescribed by the rules of the game.
58-05-25 The term "Tribe" means the Sisseton-Wahpeton Sioux Tribe, also known as the Sisseton-Wahpeton Dakota Nation.
58-05-26 The term "video game of chance" means a game of chance played on microprocessor-controlled devices that simulate games commonly referred to as poker, blackjack, craps, hi-lo, keno, roulette, lineup symbols and numbers, plumbs, or other electronic or electromechanical facsimiles of any game of chance which are activated by the insertion of a coin, token or currency and which award coins, additional plays or a written or displayed statement of the amount of a prize which is redeemable for cash.
58-06-01 Gaming activity ownership
58-06-02 The Tribe shall have the sole proprietary interest in and the sole responsibility for the conduct of any of the Tribe's gaming operations on Indian lands. Unless otherwise specified in a management contract entered into by the Tribe, the Tribe shall have the sole control over any bank accounts holding any financial assets related to the Tribe's gaming operations.
58-07-01 Allocation of gaming net revenues
58-07-02 The net revenues from any gaming operations conducted by the Tribe pursuant to this Ordinance shall be allocated only to:
1. fund tribal government operations or programs;
2. provide for the general welfare of the Tribe and its members;
3. promote tribal economic development;
4. donate to charitable organizations; or help fund operations of local government
agencies.
58-07-03 Nothing in Section 58-07-02 shall prohibit the Tribe from entering into a management contract providing for a fee, as authorized under 25 U.S.C. 2711(c)(1) and (2), based on a percentage of the net revenues.
58-08-01 Gaming facility construction and maintenance; National Environmental Policy Act compliance:
58-08-02 The construction and maintenance of any gaming facility, as well as the operation of any gaming by the Tribe, shall be conducted in a manner which adequately protects the environment and the public health and safety.
58-08-03 Whenever a management contract provides for the development and construction of gaming facilities, or parts thereof, any class II or class III gaming operation of the Tribe and any management contractor shall pride such readily available or obtainable environmental information as may be necessary to enable the National Indian Gaming Commission, or such other party as may be authorized by such Commission, to prepare any required environmental assessment or environmental impact statement, as the case may be.
58-09-07 Withholding tax on winnings
58-09-02 All winnings received or prizes awarded by a licensed class II or class III gaming operation are Sisseton-Wahpeton Sioux Tribe earned income and are subject to Tribe and federal income tax laws. Any amount deducted from winnings, or from a cash prize awarded to an individual, for payment of a tribal tax shall be remitted to the Tribe on behalf of the individual who won the wager or prize.
58-10-01 Federal law and Tribe-State compact compliance
58-10-02 Any provisions of this ordinance or of any rule or regulation issued pursuant thereto notwithstanding, the requirements of any applicable federal law or regulation or of any class III gaming compact between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota shall govern whenever there is an inconsistency between this Ordinance and any rule or regulation issued thereunder and such federal law or regulation or compact.
58-11-01 Agent for service
58-11-02 Unless otherwise designated by resolution of the Tribal Council, the Chairman of the Tribe shall be the agent of the Tribe for service of any official determination, order, or notice of violation by the National Indian Gaming Commission.
58-12-01 Fees and fines assessed and collected by Commission
58-12-02 Any and all fees and fines assessed and collected by the Commission pursuant to the authority provided for in this Ordinance shall be accounted for and, by the 15th day of each month for the preceding month, shall be remitted to the Treasurer of the Tribe for deposit into the Tribe's general treasury except as provided for in Sections 58-4402, 58-44-03, and 58-44-04.
58-13-01 Commission establishment
58-13-02 To carry out the purposes declared herein, there is hereby established the Sisseton-Wahpeton Sioux Tribal Gaming Commission. The Commission shall consist of three members of the Tribe, all of whom shall be appointed by the Tribal Council for a term as set by the Tribal Council at the time of appointment. The Tribal Council shall designate one of the three commissioners to be the Chairperson of the Commission. The Commission shall appoint its staff, after conducting interviews and providing license suitability notice to the Tribal Council, in accordance with the Commission's budget as approved by the Tribal Council and in accordance with the Tribe's employment policies.
58-14-01 Commission membership eligibility; Commissioner and Commission employee prohibited activities.
58-14-02 Commissioners may not hold other tribal positions. Tribal council members, tribal executives, or district officers shall not be eligible to serve on the Commission. Commissioners may not be engaged in any gambling related business.
58-14-03 A background investigation shall be conducted, comparable to a primary management official background investigation, to determine the suitability of each Commissioner to serve on the Commission. Tribal Council appointment to the Commission shall be subject to such investigation. Commissioners may not gamble in an establishment licensed by the Commission and shall have no personal financial interest in any gambling by any patron other than the financial interest shared equally with all other members of the Tribe.
58-14-04 background investigation shall be conducted, comparable to a key employee background investigation, to determine the suitability for employment of each Commission employee. Commission employees shall have no personal financial interest in any gambling by any patron other than the financial interest shared equally with all other members of the Tribe. Commission employees may not gamble in an establishment licensed by the Commission unless Commission rules and regulations authorize such gambling.
Chapter 58 - Subchapter 2 - Gaming Commission
58-14-05 No member of the Commission or any Commission employee, directly or indirectly, individually, or as a member of a partnership or other association, or as a shareholder, director, or officer of a corporation shall have an interest in a business which contracts for the operation and management of the Tribe's gaming operations, or any marketing or supplying of equipment and materials in connection therewith.
58-14-06 No member of the Commission or any employee of the Commission or a member of their immediate family shall ask for, offer or accept, or receive a gift, gratuity, or other thing of value from a person or entity licensed under this Ordinance or from a person or entity contracting or seeking to contract with the Tribe's gaming operations for the operation and management of such operations or to supply gaming equipment or materials in connection therewith.
58-14-07 A person or entity licensed under this Ordinance or a person or entity contracting or seeking to contract with the Tribe's gaming operations for the operation and management of such enterprise or to supply gaming equipment or materials shall not offer a member of the Commission or any employee of the Commission or a member of their immediate family a gift, gratuity, or other thing of value.
58-14-08 As used in Sections 58-14-06 and 58-14-07, "member of their immediate family" means a parent, stepparent, parent-in-law, spouse, child, stepchild, brother, stepbrother, brother-in-law, sister, step sister, sister-in-law, or grandchild of the Commissioner or employee.
58-14-09 A Commissioner who, after a hearing before the Tribal Council, is determined to have violated any provision of Section 58-14 shall be immediately removed from the office or position. An employee of the Commission who, after a hearing before the Commission, is determined to have violated any provision of Section 58-14 shall be immediately terminated from employment.
58-14-10 A violation of paragraphs 58-14-03 through 58-14-07 is a class one (1) misdemeanor.
58-15-01 Membership investigation
58-15-02 Each proposed member of the Commission shall be required to agree that his or her name may be submitted by the Tribal Council to appropriate law enforcement officials in order to determine that the proposed member:
1. Has not committed a felony or any gambling offense in any jurisdiction;
2. Has no prior activities, reputation, habits, or associations affecting
his present conduct which would:
a. pose a threat to the public interest;
b. threaten the effective regulation and control of gambling; or
Should the investigation reveal facts that indicate to the Tribal Council that the proposed Commission member is not eligible for appointment to the Commission under the standards established in Sections 58-1402 through 58-14-07, the proposed member shall not be eligible to serve on the Commission. The Tribal Council vote on membership of Commission members shall be by resolution. There shall be no right of appeal to any court from a decision of the Tribal Council not to permit a proposed Commission member to serve on the Commission.
58-16-01 suspension and removal of Commission members
58-16-02 The Tribal Council may suspend Commission members for cause. "Cause" for the purpose of this Section shall include, but is not limited to, dereliction of duty, failure to follow a directive of the Tribal Council, misappropriation of funds, fraud, falsification of reports, conviction of a felony, conviction of a gaming offense in any jurisdiction or violation of this Ordinance or any of the rules and regulations promulgated thereunder.
58-16-03 Upon suspension, the Tribal Council must immediately notify the accused Commission member in writing of the suspension and the reasons for the suspension. The Tribal Council shall hold a hearing on' the charges not less than ten (10) nor more than twenty (20) days from the receipt of such notification by the Commission member. At the hearing, evidence supporting the charges shall be heard and the accused Commission member shall have the opportunity to examine witnesses and evidence and offer the same in defense.
58-16-04 Upon the conclusion of a suspension hearing, the Tribal Council shall determine whether the charges are supported by the evidence. If the Tribal Council determines that the charges are supported by the evidence, the Tribal Council will immediately remove the Commissioner.
58-17-01 Vacancies
58-17-02 Should a Commission member die, resign, or be removed, the Tribal Council may appoint any other qualified person to fill the position, provided that any proposed appointee shall be subject to the qualification requirements of this Ordinance.
58-18-01 Bonding. Each Commissioner shall be bonded in the amount of $50,000.00.
58-19-01 Powers of Commission; authority to regulate
58-19-02 The Commission shall have the authority to enforce this Ordinance and to regulate all gambling operations governed by this Ordinance. The Commission shall adopt and publish such rules and regulations as may be necessary to carry out and assure compliance with the provisions of this Ordinance and the responsibilities of the Tribe under any applicable federal law and any class III gaming compact entered into between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota. In adopting, amending, or repealing any regulations, the Commission shall give public notice of the proposed action prior thereto pursuant to Section 58-24-03.
58-19-03 The Commission shall have the following specific powers:
1. To receive and process all license applications related to the conduct
of Class II and Class III gaming activities on lands within the jurisdiction
of the Tribe, and issue licenses to all such gaming operations, persons, individuals,
and distributors who are required to be licensed by this Ordinance and who qualify
for such licensure, and, when required by federal law or regulation, to notify
the National Indian Gaming Commission of the issuance of any license when so
required by federal law or regulation;
2. To adopt standards for licensing the occupations within the Tribe's gaming
operations;
3. To investigate gaming and non-gaming employee license applicants for gaming
operations, determine the eligibility of applicants for a license, and issue
gaming licenses to eligible applicants;
4. To review all contracts entered into by a gaming operation to:
a. determine whether the transaction documents are a contract; and
b, determine whether the contract is or is not related to gaming, and, if
related to gaming, whether it is subject to the provisions of this Ordinance;
and
c. determine whether the non-Tribal party to the contract must be licensed
under the provisions of this Ordinance.
Nothing in this subparagraph shall prevent a gaming operation from engaging in transactions which might involve a gaming related contract under the provisions of this Ordinance, or the regulations promulgated hereunder, but it shall be the duty of the gaming operation to notify the Commission of such a transaction and request from the Commission a determination that the transaction involves a
5. To investigate non-management gaming contractors and approve non-management gaming contractor licenses for any person or entity working in or for the Tribe's gaming operations who requires such a license;
6. To license any person, organization or entity selling, leasing, marketing or otherwise distributing gambling devices, equipment, games, or implements of gambling, to the Tribe's gaming operations;
7. To investigate and license any management contractors of the Tribe's gaming operations, or any ancillary contractors of any management contractor, who provide supplies, services, concessions or property to the Tribe's gaming operations or to any management contractor in connection therewith;
8. To limit, condition, suspend, restrict, or revoke any license it may issue and assess fines for violations of this Ordinance or of any rules or regulations promulgated by the Commission as provided for in this Chapter;
9. To adopt reasonable standards consonant with the size and scope of the gaming operation, including game rules, under which all gambling operations shall be held, including regulations concerning security and surveillance operations, and the prize and wagering structure in accordance with the applicable provisions, if any, of any class 111 gaming compact between the Tribe and the State of South Dakota and the Tribe and the State of North Dakota entered into pursuant to federal law;
10. 4 To inspect and examine all premises wherein gaming is conducted or gambling devices or equipment are manufactured, sold or distributed; To inspect all equipment and supplies in, upon, or about a gaming operation, or inspect any equipment or supplies, wherever located, which may or have been used in the gaming operation;
12. To summarily seize and remove from a gaming operation and impound equipment and supplies for the purpose of examination, inspection, evidence, or forfeiture in those instances where the Commission has reasonable cause to believe that a violation of this Ordinance has occurred and hold such property pending any final hearing determination of the appropriate disposition of such property;
13. To enter without restriction the offices, facilities, or other places of business of a licensee to determine compliance with this Ordinance provided that the licensee maintains the right to have any member of the Commission entering such locations accompanied by security personnel for the purpose of facilitating the unrestricted access of such member of the Commission;
14. To require, and cause to be conducted annually, outside independent audits of all gaming activity as required by the Indian Gaming Regulatory Act and submitting such audits to the National Indian Gaming Commission pursuant to 25 C.F.R. 522.4 (b)(3); require, and cause to be conducted annually, outside audits of all contracts related to the conduct of gaming, with the exception of those contracts for professional legal and accounting services, whether those contracts be for supplies, services, or other subject matter which the Commission determines to be related to gaming, and which are for a contract amount in excess of $25,000;
15. To access upon demand and inspect, examine, copy and audit all papers, books and records of applicants and licensees respecting any revenue or income produced by any gaming operation;
16. To require verification of the daily gross revenues and income
of any class II and class III licensed gaming activity, and verification of all other matters affecting the enforcement of the public policy of or any of the provisions of this Ordinance in order to safeguard the integrity of tribal gaming operations;
17. To seize and impound any patron's winnings which the Commission may have reason to believe may have been won or obtained in violation of this Ordinance or any other law pending a civil forfeiture hearing on such seizure and/or a criminal proceeding in connection therewith;
18. To formally suspend, revoke, and ensure the appropriate disposition of a license held by a licensee for a violation committed by a licensee, or an employee of the licensee, of this Ordinance or a Commission rule or regulation or for engaging in a fraudulent practice;
19. To investigate alleged violations of this Ordinance, the Commission rules, regulations, orders or final decisions, any class 111 gaming compact entered into between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota, and any other applicable laws, and to take appropriate disciplinary action, including the imposition of civil fines, against a licensee or any employee of a licensee for the violation, or institute appropriate legal action for enforcement, or both;
20. For the purpose of enforcing the provisions of this Ordinance, to exercise the powers of a peace officer of the Tribe except that members of the Commission and Commission employees have no authority to carry firearms in the performance of their official duties;
21. To hold hearings, and to require licensees or license applicants to appear and testify under oath regarding matters related to the enforcement of the provisions of this Ordinance, complaints received about matters within the purview of the Commission to address, actions by the Commission regarding licenses, or any other matters over which the Commission has authority;
22. To issue subpoenas for the attendance of witnesses and subpoenas duces tecum for the production of books, records and other pertinent documents, and administer oaths and affirmations to the witnesses, when, in the judgment of the Commission, it is necessary to enforce this Ordinance or the rules and regulations of the Commission;
23. To assure that the payouts from the gambling games authorized under this Ordinance and the payout percentages for all slot machines and video lottery machines are in accordance with any applicable requirements of the compact between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota governing class III gaming on Indian lands of the Tribe. If there is no such applicable requirement in any compact entered into by the Tribe, the Commission shall adopt by rule maximum and minimum payout percentages subject to the approval of the Tribal Council;
24. Consistent with the terms of any management contract, to oversee and carry out necessary surveillance of all gambling activities conducted at a tribal gaming operation;
25. To consult with the Tribe's legal counsel to advise the Commission as needed;
To hear and consider for resolution any dispute between members of the public and the Tribe with regard to gaming activities licensed pursuant to the terms of this Ordinance;
To defend this Ordinance in any court with proper jurisdiction or before any federal agency, however, any reference herein to defending this Ordinance shall not be deemed a waiver of the Tribe's sovereign immunity from suit;
To propose an annual budget to the Tribal Council to support Commission operations undertaken pursuant to the provisions of this Ordinance; remuneration to or salaries for the Commissioners shall be set by the Tribal Council as part of such annual budget;
To take any other actions as may be reasonable and appropriate to enforce this Ordinance and the rules and regulations of the Commission, including the assessment and collection of such fees and fines provided for in this Chapter.
58-20-07 Monthly Commission reports
58-20-02 The Commission shall monthly make reports to the Tribal Council and otherwise as the Tribal Council may require. The report shall include a summary of ail licensing and enforcement actions, audit reports and recommendations, patron dispute cases, such other information as to which the Commission may wish to advise the Council, and information on any other matters requested by the Council.
58-21-01 Duties of the Commission Chairperson, Members of Commission
58-21-02 The Chairperson of the Commission shall have responsibility for calling and presiding over meetings of the Commission, presiding over rulemaking procedures, and presiding over any hearings which the Commission might conduct, as well as overseeing administration of the daily affairs of the Commission including the receipt of complaints concerning gaming or persons associated with gaming, directing activities of persons charged with conducting background investigations and investigations of complaints, keeping all records, whether relating to financial matters, licenses, investigations, or any other aspect of the Commission's duties and responsibilities, and delegating such responsibilities as the Commission deems necessary.
58-21-03 The members of the Commission shall be required to vote in all cases where the Commission is required to make a decision regarding licensing, rule-making, and any hearing determination regarding the imposition of any sanction including but not limited to licensing suspension, revocation, restriction or limitation, civil penalties, or the exclusion or ejectment of any person, as well as annual license renewal.
58-22-01 Employee, agent, contractor employment records
58-22-02 The Commission shall retain applications for licensure or other employment in connection with the Tribe's gaming operations, reports of background investigations, and other employee, agent or contractor records for a period no less than three 13) years from the date of termination of such employment as an employee, agent, or contractor.
58-23-01 Commission records
58-23-02 Gaming information and records enumerated in this Section are confidential and may not be disclosed except as required by Tribal State Compact, federal law or regulation, or pursuant to court order of a court of competent jurisdiction. No person may use a subpoena, discovery or other applicable statutes to obtain such information or records. Information and records considered confidential include:
1. Tax returns of individual licenses;
2. License applications, credit, medical and security reports of applicants
for licenses and of other persons seeking or doing business with the Commission;
and
3. Marketing, financial or sales data, the disclosure of which may be harmful
to the competitive position of the Tribe's gaming operations, its licensees
or persons seeking or doing business with the Commission; and
4. Audit work papers, worksheets and auditing procedures used by the Commission,
its agents or employees; and
5. Information provided by a licensee or license applicant that is privileged
or proprietary in nature.
58-23-03 Nothing in Section 58-23-02 shall be construed to prohibit the Commission from disclosing information and records in accordance with the provisions of any class 111 gaming compact entered into between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota, or pursuant to the Indian Gaming Regulatory Act and regulations promulgated thereunder, or by order of a court of competent jurisdiction.
58-24-01 Commission rules and regulations
58-24-02 All rules and regulations, including game rules, issued or approved by the Commission shall be available to any person making a request for such at a cost of reproduction and other costs as identified by the Commission.
58-24-03 Those rules and regulations the Commission deems necessary to administer the provisions of this Ordinance shall be promulgated only upon thirty (30) days notice of the proposed rulemaking action, which shall be provided to the Tribal Council, posted at the Tribal offices, and provided in written form to the board of directors/or general manager of any licensed gaming operation.
1. The notice shall specify the purpose of the proposed regulation, the draft language of the proposed regulation, and the factors the Commission has considered in its determination to enact the proposed regulation, and an address at which the Commission shall receive comments pursuant to the provisions of subparagraph 2 of this Section;
2. During the notice period the Commission shall receive comments regarding the proposed regulation at the Commission offices, or at a designated mailing address; The comments received by the Commission shall be considered by the Commission at a meeting open to the public, and the Commission shall make a final determination regarding the need for the proposed regulation, the language of the proposed regulation, and the effective date of the proposed regulation on the basis of all the information available to the Commission. Any final determination of the Commission shall be recorded in writing.
58-25-01 Public availability of other information
58-25-02 Other information, particularly information concerning sensitive operational or contractual information, not published as rules or regulations, shall be released by the Commission only if such release specifically authorized by the Tribal Council.
58-26-01 Methods of service
58-26-02 Except as otherwise may be provided in a management contract entered into by the Tribe, the Commission shall serve any official determination, order, or notice of violation on licensees, including employees, agents, and contractors doing business at or with the Tribe's gaming operations, and others within the jurisdiction of the Commission, by:
1. Delivering a copy to a designated agent;
2. Delivering a copy to the person or entity that is the subject of the official
determination, order, or notice of violation;
3. Delivering a copy to the individual who, after reasonable inquiry, appears
to be in charge of the gaming operation or such other entity that is the subject
of the official determination, order or notice of violation;
4. Mailing to the person or entity that is the subject of the official determination,
order, or notice of violation or to his or her or its designated agent at the
last known address. Service by mail is complete upon mailing; or
5. Transmitting a facsimile to the person or entity that is the subject of
the official determination, order, or notice of violation or to his or her or
its designated agent at the last known facsimile number. Service by facsimile
is complete upon transmission.
58-26-03 Delivery of a copy means handing it to the attorney or designated agent (or attorney for either); leaving a copy at the person's, entity's, agent's or attorney's office with a clerk or other person in charge thereof; if there is no one in charge, leaving it in a conspicuous place therein; if the office is closed or the person to be served has no office, leaving it at the person's dwelling house or usual place of abode with some person of suitable age and discretion then residing therein; or, if the entity cannot otherwise be served, handing it to or leaving a copy with a principal, officer, board member, or majority stockholder.
58-27-01 License hearings
58-27-02 The Commission shall afford an applicant for a license an opportunity for a show cause hearing prior to a final action denying such application or on the Commission's failure to make a determination on a license application within 120 days from submission thereof and shall afford a licensee or any other person(s), subject to this Ordinance, the opportunity for a show cause hearing prior to taking
final action resulting in terminating, revoking, suspending, or limiting a license or any other adverse action the Commission deems appropriate, provided, that the Commission may summarily suspend temporarily or extend suspension of a license for thirty (30) days in those cases where such action is deemed appropriate by the Commission. In cases where a license is suspended prior to a hearing, an opportunity for a show cause hearing shall be provided.
58-27-03 When the suspension involves a key employee or primary management official or any employee, agent or contractor who has access to cash, tokens or chips, machine components or other gaming supplies or who has management, security, or accounting responsibilities, the notice shall include a time and place for a show cause hearing on the proposed license revocation. After a show cause hearing, the Commission shall notify the National Indian Gaming Commission of its decision to revoke or to reinstate the license. The Commission may act to revoke or reinstate the license of any other licensee under such procedures as it may determine appropriate.
58-28-01 Show cause hearing
58-28-02 At a show cause hearing it shall be the obligation of the licensee or license applicant to show cause why, as the case may be, the license application in question should not be denied, the license or licenses in question should not be revoked or suspended, the period of suspension should not be extended, special conditions or limitations upon a license should not be imposed, or any other action should not be taken.
58-29-01 Commission determination
58-29-02 Following a show cause hearing, the Commission shall, within seven (7) days, determine whether the license in question should be granted, continued, suspended, revoked, conditioned or limited, and whether or not any other action recommended to or by the Commission (including but not limited to, forfeitures or fines) should be taken.
58-29-03 If, after the issuance of a gaming license, the Commission receives reliable information indicating that an employee, agent or contractor is not eligible to have a license for employment to conduct business at a tribal gaming operation, the Commission shall suspend such license and shall notify the licensee in writing of the suspension and proposed revocation. Such licensee shall be afforded the opportunity, pursuant to Sections 58-27 and 58-28, to show cause why the license in question should not be revoked.
58-29-04 The Commission shall revoke and refuse to renew an existing license upon the occurrence of any event which would have made the licensee ineligible for a license if the event had occurred prior to the issuance of the license, or if the licensee knowingly made a false statement on the license application, or if the licensee or an agent of the licensee knowingly violates or permits a violation of a provision of this Ordinance or of a rule or regulation adopted by the Commission.
58-29-05 A former licensee whose license is revoked is not eligible to receive another license provided that whenever a license is revoked because the licensee is an abuser of alcohol or drugs, a former licensee may be eligible to receive another license upon a determination by the Commission that the former licensee is no longer an abuser of alcohol or drugs.
58-30-01 Written determination provided
58-30-02 Within three (3) days following any determination under Section 58 29 the Commission shall inform the license applicant, licensee or former licensee in writing of that determination.
58-31-01 Violation hearings
58-31-02 Whenever the Commission determines that any person has failed to comply with the provisions of this Ordinance or any regulation promulgated hereunder, the Commission shall make a certification of specific findings. A copy thereof shall be served upon the subject or subjects of that determination. After five (5) days notice and within ninety t90) days following the Commission's determination, the Commission shall hold a hearing at which the subject shall have an opportunity to be heard and present evidence, if any, in refutation of the Commission's findings. Within five (5) days following a hearing, the Commission shall make a final determination and order on the violation.
58-32-01 Right of appeal
58-32-02 The Tribal Court shall have jurisdiction to review any adverse determination of the Commission on a license application or affecting a license and any final determination or order on a violation of this Ordinance. A request for such review must be filed with the clerk of the Tribal Court within five (5) days following receipt of the Commission's determination or order. The Tribal Court shall reverse the Commission's determination or order only upon a finding that the Commission determination or order is contrary to a clear preponderance of the evidence presented to it. There shall be no appeal from any final determination of the Tribal Court on a determination or order relating to a license denial or evocation. There shall be a right of appeal from any final determination of the Tribal Court on a determination or order on a violation of this Ordinance.
58-33-01 Licensing of gaming operations
58-33-02 Class 11 and class III gaming activities may be conducted on Indian lands only if licensed.
58-33-03 Licensing class 11 gaming activities. The Commission may license and regulate a tribally owned class II gaming activity if the State of South Dakota or the State of North Dakota permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal law.
58-33-04 Licensing class 111 gaming activities. The Commission may license and regulate a tribally owned class III gaming activity if the State of South Dakota or the State of North Dakota permits such gaming activity for any purpose by any person, organization or entity and the gaming is conducted in conformance with a Tribal-State compact entered into by the Tribe and the State of South Dakota or the Tribe and the State of North Dakota that is in effect.
58-33-05 Separate licensure for each facility. The Commission shall issue a separate license for each place, facility, or location on Indian lands at which class 11 or class 111 gaming is conducted. The license shall be displayed in a prominent place on the premises where the class II or class III gaming activity is conducted.
58-34-01 Licensing employees, agents, contractors
58-34-02 The Commission shall require all persons employed by the Tribe's gaming operations to be licensed pursuant to this Chapter in addition to any other Tribal license required under any other law of the Tribe. The Commission shall also require any person or entity who is a distributor and doing business with the Tribe's gaming operations to be licensed pursuant to this Chapter in addition to any other Tribal license required under any other law of the Tribe.
58-34-03 All employees working in or for a tribal gaming operation shall be required to have and display prominently an appropriate valid Commission gaming license. Requirements for the use and wear of contractor licenses shall be prescribed in Commission rules and regulations.
58-34-04 The Commission shall temporarily deny a license and shall suspend an existing license if charges are pending against an applicant which, if resulting in a conviction, would disqualify the applicant from receiving or holding a license.
58-34-05 The Commission shall not issue a license to any person or entity determined to be a person or entity whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods and activities in the conduct of gaming. No licensed gaming operations shall employ such a person in any capacity.
58-34-06 The Commission may suspend, deny, or revoke each type of license issued if the Commission determines that the circumstances of an offense giving rise to a conviction make the applicant's presence at the Tribe's gaming operations a hazard to the regulation and conduct of gaming or may reasonably undermine the public confidence in the integrity of the gaming conducted at such operations.
58-34-07 The Commission shall not issue a license to any person or entity that has knowingly supplied materially false or misleading information to the Commission or who has omitted required material information from any license application, and may deny a license to any person or entity that has made any false statement in a license application.
58-34-08 The Commission shall fine, revoke, suspend, limit or refuse to renew the license of any person or entity upon a determination that such person or entity delayed, maneuvered or took any action, or attempted to delay, maneuver or take any action to unlawfully divert gaming or other proceeds properly belonging to the Tribe.
58-34-09 A person who knowingly makes a false, misleading or erroneous statement in a license application or in any statement attached to an application is guilty of a class one (1) misdemeanor.
The Commission shall afford a license applicant a hearing as provided in Sections 58-27 and 58-28.
58-35-01 Management, security, and accounting personnel
58-35-02 Any person or entity having management, security or accounting, responsibilities shall be required to have and display prominently, or display upon request, an appropriate, valid and current Commission gaming license issued pursuant to Section 58-34.
58-35-03 Management, whether tribally owned or under a management contract, is responsible for ensuring that employee license applications are submitted for both gaming and non-gaming licenses and that employee applications are approved prior to the employee's commencement of employment.
58-35-04 Each person or entity having a direct financial interest in or management responsibility for a management contract shall be considered to have management responsibilities. Such persons or entities include:
1. Each member of the board of directors and each officer of a management contractor,
2. The ten persons who have the greatest direct or indirect financial interests
in a management contract and/or in an entity that is a party to a management
contract,
3. In the case of a corporation or other entity that is a party to or has a
financial interest in a management contract, each shareholder who directly or
indirectly owns ten percent or more of the issued and outstanding stock of the
corporation, or is one of the ten (101 largest shareholders of such stock, alone
or in combination with another stockholder who is a spouse, parent, child or
sibling,
4. In the case of a trust that is a party or has a financial interest in a management
contract, each beneficiary or trustee,
5. In the case of a partnership that is a party to or has a financial interest
in a management contract, each partner,
6. In the case of an entity, other than a natural person, that has an interest
in a trust, partnership or corporation that has an interest in a management
contract, all parties of that entity, and
7. Any other person, designated by the Commission, with a direct or indirect
financial interest in a management contract.
58-35-05 The Commission shall fine, revoke, suspend, limit or refuse to renew the license of any person or entity having management responsibilities at a tribal gaming operation u 3 determination that such person or entity failed to notify the Commission ::ion of any new prospective employee, agent or contractor who, upon employment, is to have access to cash, tokens or chip: machine components or other gaming supplies or who is to have management, security, or accounting responsibilities.
58-35-06 The Commission shall fine, revoke, suspend, limit or refuse to renew the license of any person or entity having management responsibilities at a tribal gaming operation upon a determination that such person or entity failed to notify the Commission of any proposed or actual ancillary contractors who provide gaming-related supplies, services, concessions, or property in connection with such Tribal gaming operation, or failed to secure the approval of the Commission for the employment of such contractor.
58-36-01 Gambling equipment distributors
58-36-02 Any person, organization or entity selling, leasing, marketing or otherwise distributing gambling equipment, games or implements for gambling to the Tribe's gaming operations shall be required to have and present upon request an appropriate valid tribal business and Commission license to do business at or with the Tribe's gaming operations.
58-36-03 Any person, organization or entity required to secure a license under Section 58-36-02 in order to conduct business at the Tribe's gaming operations must apply at the Commission's licensing office or with a Commission delegated representative for the appropriate license prior to conducting such business. The application shall be verified.
58-37-01 Minimum standard for inspection and approval of gambling devices and other gaming equipment.
58-37-02 Prior to installation and use of a gambling device and other gaming equipment, the Commission shall inspect, test and consider the gambling device or other gaming equipment for approval. The Commission shall not approve a gambling device or other gaming equipment unless the tests or inspection conducted indicates that such gambling device or other gaming equipment meets the minimum standards established by the Commission consistent with any applicable provisions of a class III gaming compact entered into between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota.
58-37-03 The Commission may waive the inspection and testing requirements of this Section for any gambling device whenever an identical gambling device is currently approved for use by:
1. the South Dakota Commission of Gaming, or a gaming regulatory body of the
State of North Dakota, or
2. a gaming regulatory body of the states of Nevada, New Jersey, or Iowa and
the test results from such jurisdictions show that the gambling device meets
the standards established pursuant to Section 58-37-02. The test results indicating
that the device complies with the applicable standards must be submitted to
the Commission and the manufacturer of the gambling device must certify to the
Commission and, if required by a class III gaming compact entered into between
the Tribe and a State, to the State of South Dakota or the State of North Dakota,
as appropriate, that each gambling device to be shipped complies in all respects
with such standards.
58-37-04 The Commission may require a prototype or sample of any model of gambling device or other gaming equipment used in the Tribe's gaming operations to be placed and retained in its custody as a control for comparison purposes.
58-37-05 Any evidence that gambling devices or other gaming equipment used in the Tribe's gaming operations has been tampered with or altered if any way that would affect the integrity, fairness, honesty or suitability of the device or equipment shall be reported to the Commission.
58-37-06 The distributor or manufacturer license application of any person or entity entering into such lease or sales agreement shall contain, at a minimum, the following information about the applicant and the machines:
1. Name and address of the applicant with proof of a current and valid distributor
or manufacturer license issued by the Tribe and by either the State of Iowa,
Mississippi, New Jersey, Nevada, South Dakota or North Dakota;
2. Identification numbers or codes for each slot machine or video game of chance
placed in the Tribe's gaming operations, including the manufacturer, the serial
number and the model number; and
3. Proof that the slot machine or video game of chance is currently approved
for use by the South Dakota Commission on Gaming or by a gaming regulatory agency
of the State of North Dakota; or proof that the slot machine or video game of
chance has been tested and approved by a gaming regulatory body of the States
of Iowa, Mississippi, New Jersey, or Nevada, and that such test shows that the
machine meets the standards set forth in a gaming compact between the Tribe
and the State of South Dakota or the Tribe and the State of North Dakota; or
proof of approval and certification by an approved gaming test laboratory that
the slot machine or video game of chance or a prototype thereof meets the standards
set forth in a gaming compact between the Tribe and the State of South Dakota
or the Tribe and the State of North Dakota or such standards as may be required
by the Commission.
58-38-01 License eligibility requirements
58-38-02 The Commission shall not issue a license to any person or entity that has refused to sign the waiver of confidentiality required under Section
58-38-03 In order to be eligible for a license to be employed at a tribal gaming operation, applicants must:
1. In South Dakota, be at least eighteen (18) years old at the time of their
employment and licensure at a tribal class III gaming operation not serving
liquor and be at least twenty-one (21) at a tribal gaming operation serving
liquor;
2. In North Dakota, be at least eighteen (18) years old at the time of their
employment and licensure;
3. Be of good repute and moral character;
4. Not have been denied a gaming license by the Tribe, the State of South Dakota
or the State of North Dakota or any other gaming licensing jurisdiction, or
currently have a gaming license which has been suspended by the Tribe, the State
of South Dakota or the State of North Dakota or any other gaming licensing jurisdiction,
or have had a gaming license revoked by the Tribe, the State of South Dakota
or the State of North Dakota or any other gaming licensing jurisdiction;
5. Not be employed in any part-time or full-time employment with a government
or private employer in any capacity which would create a conflict of interest
between the applicant's employment and the interests and objectives of the licensed
employment;
6. Not be ineligible for a license under Sections 58-38-02 or 58-38-04;
7. Not be a current user of alcohol or-drugs, including legal drugs, or other
chemicals in an abusive manner or a current user of any illegal drugs or chemicals.
58-38-04 The Commission may find an applicant ineligible for a license and deny, suspend, or revoke the license of any applicant who has pied guilty to or has been convicted of any of the offenses listed below
1. Offenses related to bookkeeping; or
2. Offenses related to gambling; or
3. Offenses related to cheating, theft, or to any fraud or deception while participating
in gaming activities or otherwise; or
4. Offenses related to the use of an alias; or
5. Offenses that are felonies and are illicit drug related; or
6. Offenses that are a Class (1) misdemeanor.
58-38-05 If a conviction occurred within the last five (5) years, the license shall be denied. If conviction occurred within the last ten (10) years, a license may be issued if the Commission determines that sufficient evidence of rehabilitation exists.
58-38-06 No gaming license for a key employee or primary management official to do business at or with the Tribe's gaming operation shall be issued by the Commission until after the National Indian Gaming Commission has provided the Tribe with:
1. A notice that it has no objection to the issuance of a license to such key
employee or primary management official, or
2. A statement itemizing objections to the issuance of a license to such key
employee or primary management official and the Commission has reconsidered
such person's application taking such objections into account.
58-39-01 Temporary employment without a license
58-39-02 Any person required to be licensed under Sections 58-33 and 58-34 may be employed by the Tribe's gaming operation without such licensure for a period not to exceed ninety (90) days, except that in the case of any person who is not a key employee or primary management official, the Commission may approve up to an additional thirty (30) days of employment if the completion of the background investigation is pending at the expiration of the ninety (90) day period, provided that prior to the commencement of employment each such person has completed and submitted to the Commission the license application required under this Ordinance.
58-39-03 Whenever the gaming operation approves the employment of a key employee or primary management official under Section 58-39-02, no later than the first day that such person commences employment, the gaming operation shall forward such person's completed license application to the National Indian Gaming Commission.
58-39-04 Whenever the gaming operation approves the employment of a key employee or primary management official under Section 58-39-02, no later than the first day that such person commenced employment, the Commission shall begin to conduct the background investigation required by Section 58-45-02 to determine the eligibility of such person for continued employment in the gaming operation. Within sixty (60) days after a key employee or primary management official commences employment without a license, the Commission shall forward to the National Indian Gaming Commission the investigative report required by Section 58-45-04.
58-39-05 Except as otherwise provided in Section 58-39-02, the employment of any person required to have a license under Sections 58-33 and 58-34 shall automatically terminate if such person is not licensed 90 days following the commencement of employment.
58-39-06 It shall be unlawful for any licensed gaming operation to fail to notify the Commission of any new prospective employee, new contractor, or new primary management official. The Commission shall conduct a background investigation and provide license approval or disapproval prior to the permanent employment of all new employees, contractors Amendment or primary management officials. Any information received by the Commission shall be confidential.
58-40-01 License application requirements
58-40-02 Each license application shall include a waiver of any right of confidentiality and shall allow access to law enforcement and regulatory agency records of the United States, any state, any tribe, and any foreign government, extend to any financial or personnel record wherever maintained, and authorize the Commission to obtain information from other state and tribal gaming jurisdictions regarding license or permit applications or disciplinary actions, or conduct of the applicant or any of its shareholders, partners, agents, or employees in those jurisdictions. The waiver shall also authorize the Tribe to disclose any of the information contained in the application to appropriate federal, tribal, state or foreign law enforcement and regulatory agencies in connection with a background investigation or when relevant to civil criminal or regulatory investigations or prosecutions or investigations of activities associated with a gaming operation.
58-40-03 Support Gaming License application. A license application of any natural person required to have a license in order to qualify for employment at a tribal gaming operation shall contain, at a minimum, the following information about the license applicant:
1. Full name, including other names used (oral or written);
2. Date and birth and place of birth;
3. Social security number(s);
4. Citizenship(s), including tribal affiliation(s);
5. Gender;
6. All languages (spoken or written);
7. Marital status;
8. Physical description;
9. Residences) addresses for the previous ten (10) years including
the city and state;
10. Drivers license numbers for the previous ten (10) years;
11. Employment history for the previous five (5) years;
12. Current business and residence address and telephone numbers;
13. Criminal history for the previous ten (10) years, including major traffic
offenses, and including the date and place of any felony or misdemeanor (excluding
minor traffic violations) arrest, the charge, details surrounding any arrest
or charges, the name and address of the court involved, the disposition of any
charges filed and the date of any prosecution and disposition;
14. Names and current addresses of at least three personal references, including
one personal reference who was acquainted with the applicant during each period
of residence listed on the application.
15. A current photograph and two (2) sets of fingerprints. One set of fingerprints
will be on forms) commonly used by the Federal Bureau of Investigation; the
second set will use the appropriate State form(s).
16. A urine sample verified by a Commission appointed testing agent under the
rules and regulations relating to employee drug testing. The testing is done
prior to hire and during the time of employment as prescribed in Commission
rules and regulations.
17. Business and employment positions held, ownership interests in
those business, and business addresses, including business addresses for the
previous ten (10) years; a description of any existing and previous business
relationships with Indian tribes, including ownership interests in those businesses.
18. Whether the applicant has ever held or applied for a professional or occupational
license or permit issued by any state, Indian tribe or any other jurisdiction,
the jurisdiction in which the license or permit was issued or applied for, the
name and address of any licensing or regulatory agency with which the application
for an occupational license or permit was filed, the type of license or permit,
the license or permit number, and the details surrounding any denial of the
license or permit or the withdrawal of the application therefor, the details
surrounding any suspension, revocation, or other disciplinary action taken based
on the license or permit, and if not current, the reason it is not current;
19. Whether the applicant has ever held or applied for a gambling related license
or permit issued by any state, Indian tribe or any other jurisdiction, the jurisdiction
in which the license or permit was issued or applied for, the name and address
of any licensing or regulatory agency with which the application for a license
or permit related to gaming was filed, the type of license or permit, the license
or permit number, the details surrounding any denial of the license or permit
or the withdrawal of the application therefor, the details surrounding any suspension,
revocation, or other disciplinary action taken based on the license or permit,
and if not current, the reason it is not current;
20. Other information required by the Commission in order to complete a background
investigation of the applicant.
58-40-04 Management Contractor, Primary Management Official and Key Employee License application. In addition to the information required for a support gaming license, the management contractor license application of any natural person, the primary management official license application, and the key employee license application shall include the following:
1. Whether the applicant has ever been an investor in any gaming operation,
the exact nature of the investment, the name and address of all other investors
holding (directly or indirectly) an interest of ten (10) percent or more in
the gaming operation, and the name and address of the gaming operation;
2. Whether the applicant has ever had any experience related to any agreement
with any gaming operation, the exact nature of the applicant's role in the operation,
the name and address of all parties to the agreement, the place the agreement
was performed, and the dates covered by the agreement; and
3. A complete financial statement showing all sources of income for the previous
three (3) years, and including assets, liabilities and net worth as of the date
of submission of the license application.
58-40-05 For the purpose of Section 58-40-04, primary management official includes each member of the board of directors and each officer of a management contractor.
58-40-06 Management contractor license application. In addition to the applicable information required under Sections 58-40-03 and 58-40 04, where the applicant for a management contract is an entity, the application shall include the following:
1. Applicant's name and address;
2. Name and address of applicant's parent company, if any;
3. Names and addresses of each person comprising such entity or parent entity
who has a direct financial interest in, or management responsibility for, the
management contract. For each such person, the application shall include the
information required under Section 58-40-03;
4. Names and addresses of each director, officer, stockholders who hold (directly
or indirectly) 70 percent or more of the issued and outstanding stock, and other
owners who hold (directly or indirectly) 7 0 percent or more of the ownership
interest in such applicant entity and in the applicant's parent company, if
any, including the beneficiary or trustee of any trust and any partner. For
each such person, the application shall include the information required under
Section 58-40-03;
5. Whether the applicant has ever failed to meet a monetary obligation in connection
with any gambling enterprise;
6. Name and address of all proposed or actual ancillary contractors who provide
supplies, services, concessions, or property to the Tribe's gaming operations
or to the management contractor in connection therewith. If the identity of
any such contractor is not known at the time the application is submitted, the
management contractor shall have a continuing duty throughout the term of any
management contract to provide this information to the Commission;
7. A description of any existing and previous business relationships with Indian
tribes, including ownership interests in those businesses;
8. A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those businesses;
9. Criminal history including the date and place of any felony or misdemeanor
charge, details surrounding any arrest or charges, the name and address of the
court involved, the disposition of any charges filed and the date of disposition;
10. Whether the entity has ever held or applied for a gambling related license
or permit issued by any state, Indian tribe or any other jurisdiction, the jurisdiction
in which the license or permit was issued or applied for, the name and address
of any licensing or regulatory agency with which the application for a license
or permit related to gaming was filed, the type of license or permit, the license
or permit number, the details surrounding any denial of the license or permit
or the withdrawal of the application therefor, the details surrounding any suspension,
revocation, or other disciplinary action taken based on the license or permit,
and if not current, the reason it is not current;
11. Copies of documents establishing the existence of the entity, such as the
partnership agreement, the trust agreement, or the articles of incorporation;
12. Copies of documents designating the person who is charged acting on behalf
of the entity;
13. Copies of bylaws or other documents that provide the day-to-day operating
rules for the organization;
14. Complete financial statements showing all sources of income for the previous
three (3) fiscal years, and including assets, liabilities, and net worth as
of the date of submission; and
15. Submission of the following executed statement: A false statement knowingly
and willfully provided in any of the information pursuant to this section may
be grounds for not approving the contract in which we have a financial interest,
or for disapproving or voiding such contract after it is approved by the Chairman
of the National Indian Gaming Commission. Also, we may be punished by fine or
imprisonment under U.S. Code, Title 18, 1001 and applicable provisions
of the Codes of Laws of the Tribe.
58-40-07 Non-management Gaming Contractor License application. The license application of any person, organization or entity for a license to sell, (ease, market or otherwise distribute gambling devices, equipment, games, implements, services (other than professional legal or accounting), products, or supplies to the Tribe's gaming operations shall contain, at a minimum, the following information about the applicant:
1. Name(s) and mailing address of the person or entity making the application;
2. Names and addresses of all parties having a direct or indirect financial
interest in or with respect to the applicant and their interest in and connection
to the applicant;
3. Type of activity to be engaged in under the license;
4. Explicit and detailed disclosure of any criminal record and any delinquent
taxes owed to the federal or any state government by the applicant, any person
holding a managerial position or ownership interest in the applicant organization,
and any party in interest whose name appears on the application;
5. Whether the applicant is licensed by any Indian tribe, the State of South
Dakota, the State of North Dakota or any other State to sell, lease or otherwise
distribute gambling equipment together with proof that the applicant holds a
current and valid distributor or manufacturer license from either the State
of Iowa, New Jersey, Nevada, South Dakota, or North Dakota;
6. Whether the applicant has ever had a distributor or manufacturer license
revoked or suspended by an Indian tribe or by the state that issued the license
and, if so, the circumstances surrounding the Indian tribe's or state's action;
and
7. A waiver of confidentiality authorizing the Commission and/or the State of
South Dakota or the State of North Dakota to conduct a background investigation
of the applicant and any person whose name is required to appear on the application.
58-40-08 Each entity required to submit information under Section 58-40-06 and 58-40-07 shall sign and submit the following statement: I understand that a false statement knowingly and willfully made in any of the information submitted to the Commission pursuant to this Section may be grounds for not approving any contract in which the Sisseton-Wahpeton Sioux Tribe, also known as the Sisseton-Wahpeton Dakota Nation, has a financial interest, or for disapproving or voiding such contract after it is approved by the Chairman of the National Indian Gaming Commission. I also understand that such false statements may be punished by fine or imprisonment under US Code, Title 18, 1001 and applicable provisions of the Tribe's Codes of Laws.
58-41-01 Licensing of distributors and manufacturers; management contractor ineligible; suspension; revocation.
58-41-02 A manufacturer or distributor of gambling devices, games, implements of gambling or gambling equipment shall annually apply for a license upon a form prescribed by the Commission and shall submit the appropriate license fees.,
58-41-03 A management contractor or any person or entity licensed for employment in the Tribe's gaming operations shall not be a manufacturer or distributor of gambling games, implements of gambling or gambling equipment.
58-41-04 The Commission shall suspend, revoke or refuse to renew the license of any manufacturer or distributor of gambling games, implements of gambling, or gambling equipment if the State of South Dakota or the State of North Dakota or any other state gaming jurisdiction has suspended, revoked or refused to renew the similar license of such manufacturer or distributor.
58-41-05 The Commission, in its discretion, may waive the background investigation requirements if the applicant presents proof and the Commission verifies that the applicant holds a current and valid distributor or manufacturer license from either the States of Iowa, Mississippi, New Jersey, Nevada, South Dakota, or North Dakota, provided that such applicant is not the subject of any investigation or other action that could result in the suspension or revocation of such license.
58-41-O6 The Commission shall afford any license applicant a hearing as provided in Sections 58-27 and 58-28.
58-42-01 Gambling equipment and games acquisition; distributor's notice.
58-42-02 A licensed class II or class III gaming operation shall acquire all gambling equipment, games or implements of gambling from a manufacturer or distributor licensed pursuant to this Ordinance.
58-42-03 Prior to delivery to a gaming operation licensed under this Ordinance, the manufacturer or distributor shall provide the Commission with a copy of the invoice showing the items shipped and a copy of the bill
58-43-01 Privacy, Act and false statements notices.
58-43-02 In compliance With the Privacy Act of 1974, license applications shall contain the following notice:
1. Solicitation of the information on this form is authorized by 25 U.S.C.
2701 et seq. The purpose of the requested information is to determine
the eligibility of individuals to be employed in a gaming operation.
2. The information will be used by the National Indian Gaming Commission members
and staff who have need for the information in the performance of their official
duties. The information may be disclosed to appropriate Federal, Tribal, State,
local or foreign law enforcement and regulatory agencies when relevant to civil,
criminal or regulatory investigations or prosecutions or when pursuant to a
requirement by a tribe or the National Indian Gaming Commission in connection
with the hiring or firing of an employee, the issuance or revocation of a gaming
license, or investigations of activities while associated with a tribe or a
gaming operation.
3. Failure to consent to the disclosures indicated in this notice will result
in the Tribe or another tribe being unable to hire you in a primary management
official or key employee position.
4. This disclosure of your Social Security Number (SSN) is voluntary. However,
failure to supply a SSN may result in errors in processing your application.
58-43-03 Notice regarding false statements. License applications shall state: "A false statement knowingly and willfully made on any part of your application may be grounds for not hiring you, or for firing you after you begin work. Also, you may be punished by fine or imprisonment under US Code, Title 18, 1001 and applicable provisions of the Tribe's Codes of Laws.
58-43-04 The Commission shall notify in writing all existing key employees and primary management officials whose license applications did not include the privacy notice required under Section 58-43-02 that each such employee or official shall sign a statement that contains the Privacy Act notice and that consents to the routine uses described in that notice.
58-43-05 The Commission shall notify in writing all existing key employees and primary management officials whose license applications did not include the notice regarding false license application statements that each such employee or official shall sign a statement acknowledging the notice regarding false statements.
58-44-01 License application fees
58-44-02 The Commission shall set a fee to defray the costs associated with application processing, the search and classification of fingerprints and background investigations. The Commission shall not authorize the search and classification of fingerprints or begin any background investigation until it receives a deposit from the license applicant to cover the initial costs of the background investigation, including the search and classification of fingerprints.
58-44-03 The fees may be periodically adjusted for each application to assure that the administrative and other costs of reviewing and investigating each application are covered by the license applicant. The license applicant shall be billed for the costs of the investigation as it proceeds. The investigation shall be stopped if the unpaid costs exceed the amount of the deposit available. All such fees shall be made payable to the Commission.
58-44-04 In the event that any fees paid by the license applicant exceeds the costs of application processing and the background investigation, that remainder will be refunded to the applicant.
58-45-01 Commission background investigation; federal notification of results; waiver of background investigation.
58-45-02 Upon receipt of an application for a license to conduct business at or with the Tribe's gaming operations as an employee, agent or contractor, the Commission, prior to the issuance of any license, shall cause a thorough background investigation to be conducted on the applicant suited to the type of license application. The Commission will verify the truthfulness of the information provided by the applicant and ensure that persons and entities licensed by the Commission are eligible for licensure.
58-45-03 Background investigations may be conducted by Commission investigative or legal staff, the Federal Bureau of Investigation, by the Division of Criminal Investigation of either the State of South Dakota or the State of North Dakota or by another agency qualified to perform such investigation. The background investigation shall include a criminal history check by a law enforcement agency conducted, at a minimum, by submitting the license applicant's fingerprints, taken by or under the supervision of the Sisseton- Wahpeton Sioux Tribe Police Department, to the Federal Bureau of Investigation for a check of its criminal history records and by checking all other available non-duplicate criminal history data base archives or files.
58-45-04 In conducting a background investigation, the identity of each person interviewed in the course of the investigation shall be kept confidential. Upon completion of any background investigation and before the issuance of a license to any employee, agent or contractor, the Commission shall forward to the National Indian Gaming Commission an investigative report on each background investigation, including the steps taken in conducting the background investigation, the results of the investigation, the conclusions reached and the bases for those conclusions, and whether the license applicant was found eligible for licensure and employment in the Tribe's gaming operation.
58-45-05 The Commission shall also submit management contractor background investigation results to the State of South Dakota or the State of North Dakota in accordance with the applicable provisions of any class 111 gaming compact entered into between the Tribe and either State.
58-45-06 The Commission may waive any background investigation or specific information required to be submitted by a license applicant whenever the Federal Bureau of Investigation, a criminal investigation agency of the State of South Dakota, or the State of North Dakota, or another agency qualified to perform such an investigation has completed a background investigation on the license applicant, within the one year preceding the date of the application, for and on behalf of:
1. a gaming regulatory body of either the State of South Dakota or the State
of North Dakota, or
2. a gaming regulatory body of the States of Iowa, Mississippi, Nevada, or New
Jersey, and the results of such background investigation have been provided
to the Commission in sufficient detail to assure that the applicant is eligible
for licensure. Whenever a full background investigation is waived under this
paragraph, the Commission may require that a background investigation be conducted
to update and make current the background investigation report received from
another gaming jurisdiction.
58-46-01 Classes of licenses and fees
58-46-02 Upon proper application and approval, the Commission shall issue in a timely fashion appropriate licenses, as specified in Sections 58-46-03 to 58-46-09 and 58-46-71, for the Tribe's gaming operations. Licenses shall be for specific positions, locations of employment, or for locations in which to operate or conduct business. Licensees desiring to operate or conduct business or be employed in multiple locations, if any, shall be required to obtain multiple licenses. Licensees shall operate and conduct only those activities authorized under each license.
58-46-03 Class A Operation License. A Class A operation license may be issued to a Sisseton-Wahpeton Sioux Tribal entity for the privilege of conducting class II and class III gaming in a specific location within the original exterior boundaries of the Lake Traverse Reservation.
58-46-04 Class B Operation License. A Class 8 operation license may be issued to any applying Sisseton-Wahpeton Sioux Indian group organized for social and/or charitable purposes at a rate of Ten Dollars ($ 10.00) for the privilege of conducting specified class II games during a designated calendar month or as specified at the time of licensure.
58-46-05 Management Contractor License. A management contractor license may be issued by the Commission after management contract approval by the National Indian Gaming Commission. The holder of such a license shall be entitled to manage and operate the Tribe's class II or class III gaming operations on Indian lands subject to an approved management contract, ordinances and regulations of the Tribe, and the federal regulations promulgated by the National Indian Gaming Commission. Nothing in this section shall prohibit a management contract to authorize a management contractor to simultaneously manage and operate class II and class III gaming operations. The application fee for such a license shall be One Hundred Fifty Thousand Dollars ($150,000.00) or as otherwise provided pursuant to the terms of a management contract entered into by the Tribe. The license shall be site specific and be valid for a period of one year. Renewal fees will be set by the Commission in published rules and regulations or as otherwise provided pursuant to the terms of a management contract entered into by the Tribe.
58-46-06 Primary Management Official License. A primary management official license may be issued by the Commission to any primary management official. The license shall be valid for a period of one year in a specified position and shall have a license fee of One Hundred Dollars ($100.00).
58-46-07 Key Employee License. A key employee license may be issued by the commission to any key employee. The license shall be valid for a period of one year with a license fee of Fifty Dollars ($50.00).
58-46-08 Support Gaming License. A support gaming license may be issued by the Commission to any person who seeks employment at a tribal gaming operation who is not required to be licensed as a key employee or primary management official. The license shall be valid for a period of one year with a license fee of Twenty-five Dollars ($25.00).
58-46-09 Non-management Gaming Contractor License. A non-management gaming contractor license may be issued by the Commission to any person, organization or entity for a license to sell, lease, market or otherwise distribute gambling devices, equipment, games, implements, services (other than professional legal or accounting), products, or supplies to the Tribe's gaming operations. The licenses shall be valid for a period of one year and shall have a license fee Four Hundred Dollars ($400.00).
58-46-10 License renewals. Every licensee intending to continue engaging in a licensed gaming activity within the Lake Traverse Reservation during the next calendar year following initial licensure shall apply for renewal of the license at least thirty (30) days but no more than ninety (90) days prior to the end of the previous license period.
58-46-11 Reserved Classes. All other classes of licenses are reserved for approval and fee designation by the Tribal Council.
58-47-01 Exemptions for nonpublic gaming operations.
58-47-02 The following activities are not public gaming operations under the terms of this Ordinance and, therefore, do not require a license under this Subchapter:
1. Gaming not for Gain: Gaming in which no cash or valuable prizes are won,
other than "points" for cumulative ratings or "places" for immediate competitive
rankings, is not subject to the provisions of this Ordinance. However, class
II gaming for gain conducted by a nonprofit organization is subject to the requirements
of this Ordinance, including licensure by the Commission, if cash or valuable
prizes are awarded. "Valuable Prize" means an object worth One Hundred Dollars
($100.00) or more in fair market value.
2. Traditional Indian Gaming: Traditional Indian gaming activities, in the nature
of hand games, are not subject to the provisions of this Ordinance. The Commission
is hereby authorized to determine on a case-by-case basis, upon request, whether
a particular traditional gaming activity is exempt from regulation under this
Ordinance.
3. Annual Fund Raising for Tribal Events: All persons or organizations, who
may seek to engage in class II public gaming activities for the purpose of fundraising
to sponsor, for example, tribal events, including but not limited to, the Annual
Tribal 4th of July Powwow, the Annual Tribal Christmas Party, the April Powwow,
and the Veterans Day Powwow, shall not be required to be licensed under this
Ordinance, provided that no compensation or anything-of value is paid to any
person engaged in the fundraising activity or in the sponsorship of such event.
58-47-03 A full final financial report to the Tribal Council and Commission shall be made by the persons or organizations sponsoring an exempt tribal event within fifteen (15) days following such exempt tribal event. Non-reporting is a violation of this Ordinance and the Commission is authorized to assess a maximum fine of $2,500.00 for such a violation by any person or organization.
58-48-01 Operation license display and content
58-48-02 Every Class A Operation License shall be displayed in a prominent place as evidence of a current and valid Commission license for that location. A Class B Operation License must be immediately available during the conduct of such licensed activity.
58-48-03 License certificates suitable for mounting and presentation will bear Commission tribal identification, official name of the licensed facility, state the class of licensure with specific class of gaming operation authorized, the effective date, location of the licensed activity, Commission member signature, and gold appearing notary seal affixed with the Commission seal imprinted over it.
58-49-01 License certificate display and content
58-49-02 A license certificate suitable for mounting or presentation to management contractors, primary management officials, or licensed contractors will bear Commission tribal identification, official name of the licensed facility, state the class of licensure, the effective date, location of the licensed activity, Commission member signature, and gold appearing notary seal affixed with the Commission seal imprinted
final action resulting in terminating, revoking, suspending, or limiting a license or any other adverse action the Commission deems appropriate, provided, that the Commission may summarily suspend temporarily or extend suspension of a license for thirty (30) days in those cases where such action is deemed appropriate by the Commission. In cases where a license is suspended prior to a hearing, an opportunity for a show cause hearing shall be provided.
58-27-03 When the suspension involves a key employee or primary management official or any employee, agent or contractor who has access to cash, tokens or chips, machine components or other gaming supplies or who has management, security, or accounting responsibilities, the notice shall include a time and place for a show cause hearing on the proposed license revocation. After a show cause hearing, the Commission shall notify the National Indian Gaming Commission of its decision to revoke or to reinstate the license. The Commission may act to revoke or reinstate the license of any other licensee under such procedures as it may determine appropriate.
58-28-01 Show cause hearing
58-28-02 At a show cause hearing it shall be the obligation of the licensee or license applicant to show cause why, as the case may be, the license application in question should not be denied, the license or licenses in question should not be revoked or suspended, the period of suspension should not be extended, special conditions or limitations upon a license should not be imposed, or any other action should not be taken.
58-29-01 Commission determination
58-29-02 Following a show cause hearing, the Commission shall, within seven (7) days, determine whether the license in question should be granted, continued, suspended, revoked, conditioned or limited, and whether or not any other action recommended to or by the Commission (including but not limited to, forfeitures or fines) should be taken.
58-29-03 If, after the issuance of a gaming license, the Commission receives reliable information indicating that an employee, agent or contractor is not eligible to have a license for employment to conduct business at a tribal gaming operation, the Commission shall suspend such license and shall notify the licensee in writing of the suspension and proposed revocation. Such licensee shall be afforded the opportunity, pursuant to Sections 58-27 and 58-28, to show cause why the license in question should not be revoked.
58-29-04 The Commission shall revoke and refuse to renew an existing license upon the occurrence of any event which would have made the licensee ineligible for a license if the event had occurred prior to the issuance of the license, or if the licensee knowingly made a false statement on the license application, or if the licensee or an agent of the licensee knowingly violates or permits a violation of a provision of this Ordinance or of a rule or regulation adopted by the Commission.
58-29-05 A former licensee whose license is revoked is not eligible to receive another license provided that whenever a license is revoked because the licensee is an abuser of alcohol or drugs, a former licensee may be eligible to receive another license upon a determination by the Commission that the former licensee is no longer an abuser of alcohol or drugs.
58-30-01 Written determination provided
58-30-02 Within three (3) days following any determination under Section 58 29 the Commission shall inform the license applicant, licensee or former licensee in writing of that determination.
58-31-01 Violation hearings
58-31-02 Whenever the Commission determines that any person has failed to comply with the provisions of this Ordinance or any regulation promulgated hereunder, the Commission shall make a certification of specific findings. A copy thereof shall be served upon the subject or subjects of that determination. After five (5) days notice and within ninety t90) days following the Commission's determination, the Commission shall hold a hearing at which the subject shall have an opportunity to be heard and present evidence, if any, in refutation of the Commission's findings. Within five (5) days following a hearing, the Commission shall make a final determination and order on the violation.
58-32-01 Right of appeal
58-32-02 The Tribal Court shall have jurisdiction to review any adverse determination of the Commission on a license application or affecting a license and any final determination or order on a violation of this Ordinance. A request for such review must be filed with the clerk of the Tribal Court within five (5) days following receipt of the Commission's determination or order. The Tribal Court shall reverse the Commission's determination or order only upon a finding that the Commission determination or order is contrary to a clear preponderance of the evidence presented to it. There shall be no appeal from any final determination of the Tribal Court on a determination or order relating to a license denial or evocation. There shall be a right of appeal from any final determination of the Tribal Court on a determination or order on a violation of this Ordinance.
58-33-01 Licensing of gaming operations
58-33-02 Class 11 and class III gaming activities may be conducted on Indian lands only if licensed.
58-33-03 Licensing class 11 gaming activities. The Commission may license and regulate a tribally owned class II gaming activity if the State of South Dakota or the State of North Dakota permits such gaming for any purpose by any person, organization or entity (and such gaming is not otherwise specifically prohibited on Indian lands by Federal law.
58-33-04 Licensing class 111 gaming activities. The Commission may license and regulate a tribally owned class III gaming activity if the State of South Dakota or the State of North Dakota permits such gaming activity for any purpose by any person, organization or entity and the gaming is conducted in conformance with a Tribal-State compact entered into by the Tribe and the State of South Dakota or the Tribe and the State of North Dakota that is in effect.
58-33-05 Separate licensure for each facility. The Commission shall issue a separate license for each place, facility, or location on Indian lands at which class 11 or class 111 gaming is conducted. The license shall be displayed in a prominent place on the premises where the class II or class III gaming activity is conducted.
58-34-01 Licensing employees, agents, contractors
58-34-02 The Commission shall require all persons employed by the Tribe's gaming operations to be licensed pursuant to this Chapter in addition to any other Tribal license required under any other law of the Tribe. The Commission shall also require any person or entity who is a distributor and doing business with the Tribe's gaming operations to be licensed pursuant to this Chapter in addition to any other Tribal license required under any other law of the Tribe.
58-34-03 All employees working in or for a tribal gaming operation shall be required to have and display prominently an appropriate valid Commission gaming license. Requirements for the use and wear of contractor licenses shall be prescribed in Commission rules and regulations.
58-34-04 The Commission shall temporarily deny a license and shall suspend an existing license if charges are pending against an applicant which, if resulting in a conviction, would disqualify the applicant from receiving or holding a license.
58-34-05 The Commission shall not issue a license to any person or entity determined to be a person or entity whose prior activities, criminal record, if any, or reputation, habits and associations pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods and activities in the conduct of gaming. No licensed gaming operations shall employ such a person in any capacity.
58-34-06 The Commission may suspend, deny, or revoke each type of license issued if the Commission determines that the circumstances of an offense giving rise to a conviction make the applicant's presence at the Tribe's gaming operations a hazard to the regulation and conduct of gaming or may reasonably undermine the public confidence in the integrity of the gaming conducted at such operations.
58-34-07 The Commission shall not issue a license to any person or entity that has knowingly supplied materially false or misleading information to the Commission or who has omitted required material information from any license application, and may deny a license to any person or entity that has made any false statement in a license application.
58-34-08 The Commission shall fine, revoke, suspend, limit or refuse to renew the license of any person or entity upon a determination that such person or entity delayed, maneuvered or took any action, or attempted to delay, maneuver or take any action to unlawfully divert gaming or other proceeds properly belonging to the Tribe.
58-34-09 A person who knowingly makes a false, misleading or erroneous statement in a license application or in any statement attached to an application is guilty of a class one (1) misdemeanor.
The Commission shall afford a license applicant a hearing as provided in Sections 58-27 and 58-28.
58-35-01 Management, security, and accounting personnel
58-35-02 Any person or entity having management, security or accounting. Responsibilities shall be required to have and display prominently, or display upon request, an appropriate, valid and current Commission gaming license issued pursuant to Section 58-34.
58-35-03 Management, whether tribally owned or under a management contract, is responsible for ensuring that employee license applications are submitted for both gaming and non-gaming licenses and that employee applications are approved prior to the employee's commencement of employment.
58-35-04 Each person or entity having a direct financial interest in or management responsibility for a management contract shall be considered to have management responsibilities. Such persons or entities include:
1. Each member of the board of directors and each officer of a management contractor,
2. The ten persons who have the greatest direct or indirect financial interests
in a management contract and/or in an entity that is a party to a management
contract,
3. In the case of a corporation or other entity that is a party to or has a
financial interest in a management contract, each shareholder who directly or
indirectly owns ten percent or more of the issued and outstanding stock of the
corporation, or is one of the ten (101 largest shareholders of such stock, alone
or in combination with another stockholder who is a spouse, parent, child or
sibling,
4. In the case of a trust that is a party or has a financial interest in a management
contract, each beneficiary or trustee,
5. In the case of a partnership that is a party to or has a financial interest
in a management contract, each partner,
6. In the case of an entity, other than a natural person, that has an interest
in a trust, partnership or corporation that has an interest in a management
contract, all parties of that entity, and
7. Any other person, designated by the Commission, with a direct or indirect
financial interest in a management contract.
58-35-05 The Commission shall fine, revoke, suspend, limit or refuse to renew the license of any person or entity having management responsibilities at a tribal gaming operation u 3 determination that such person or entity failed to notify the Commission of any new prospective employee, agent or contractor who, upon employment, is to have access to cash, tokens or chip: machine components or other gaming supplies or who is to have management, security, or accounting responsibilities.
58-35-06 The Commission shall fine, revoke, suspend, limit or refuse to renew the license of any person or entity having management responsibilities at a tribal gaming operation upon a determination that such person or entity failed to notify the Commission of any proposed or actual ancillary contractors who provide gaming-related supplies, services, concessions, or property in connection with such Tribal gaming operation, or failed to secure the approval of the Commission for the employment of such contractor.
58-36-01 Gambling equipment distributors
58-36-02 Any person, organization or entity selling, leasing, marketing or otherwise distributing gambling equipment, games or implements for gambling to the Tribe's gaming operations shall be required to have and present upon request an appropriate valid tribal business and Commission license to do business at or with the Tribe's gaming operations.
58-36-03 Any person, organization or entity required to secure a license under Section 58-36-02 in order to conduct business at the Tribe's gaming operations must apply at the Commission's licensing office or with a Commission delegated representative for the appropriate license prior to conducting such business. The application shall be verified.
58-37-01 Minimum standard for inspection and approval of gambling devices and other gaming equipment.
58-37-02 Prior to installation and use of a gambling device and other gaming equipment, the Commission shall inspect, test and consider the gambling device or other gaming equipment for approval. The Commission shall not approve a gambling device or other gaming equipment unless the tests or inspection conducted indicates that such gambling device or other gaming equipment meets the minimum standards established by the Commission consistent with any applicable provisions of a class III gaming compact entered into between the Tribe and the State of South Dakota or the Tribe and the State of North Dakota.
58-37-03 The Commission may waive the inspection and testing requirements of this Section for any gambling device whenever an identical gambling device is currently approved for use by:
1. the South Dakota Commission of Gaming, or a gaming regulatory body of the
State of North Dakota, or
2. a gaming regulatory body of the states of Nevada, New Jersey, or Iowa and
the test results from such jurisdictions show that the gambling device meets
the standards established pursuant to Section 58-37-02. The test results indicating
that the device complies with the applicable standards must be submitted to
the Commission and the manufacturer of the gambling device must certify to the
Commission and, if required by a class III gaming compact entered into between
the Tribe and a State, to the State of South Dakota or the State of North Dakota,
as appropriate, that each gambling device to be shipped complies in all respects
with such standards.
58-37-04 The Commission may require a prototype or sample of any model of gambling device or other gaming equipment used in the Tribe's gaming operations to be placed and retained in its custody as a control for comparison purposes.
58-37-05 Any evidence that gambling devices or other gaming equipment used in the Tribe's gaming operations has been tampered with or altered if any way that would affect the integrity, fairness, honesty or suitability of the device or equipment shall be reported to the Commission.
58-37-06 The distributor or manufacturer license application of any person or entity entering into such lease or sales agreement shall contain, at a minimum, the following information about the applicant and the machines:
1. Name and address of the applicant with proof of a current and valid distributor
or manufacturer license issued by the Tribe and by either the State of Iowa,
Mississippi, New Jersey, Nevada, South Dakota or North Dakota;
2. Identification numbers or codes for each slot machine or video game of chance
placed in the Tribe's gaming operations, including the manufacturer, the serial
number and the model number; and
3. Proof that the slot machine or video game of chance is currently approved
for use by the South Dakota Commission on Gaming or by a gaming regulatory agency
of the State of North Dakota; or proof that the slot machine or video game of
chance has been tested and approved by a gaming regulatory body of the States
of Iowa, Mississippi, New Jersey, or Nevada, and that such test shows that the
machine meets the standards set forth in a gaming compact between the Tribe
and the State of South Dakota or the Tribe and the State of North Dakota; or
proof of approval and certification by an approved gaming test laboratory that
the slot machine or video game of chance or a prototype thereof meets the standards
set forth in a gaming compact between the Tribe and the State of South Dakota
or the Tribe and the State of North Dakota or such standards as may be required
by the Commission.
58-38-01 License eligibility requirements
58-38-02 The Commission shall not issue a license to any person or entity that has refused to sign the waiver of confidentiality required under Section
58-38-03 In order to be eligible for a license to be employed at a tribal gaming operation, applicants must:
1. In South Dakota, be at least eighteen (18) years old at the time of their
employment and licensure at a tribal class III gaming operation not serving
liquor and be at least twenty-one (21) at a tribal gaming operation serving
liquor;
2. In North Dakota, be at least eighteen (18) years old at the time of their
employment and licensure;
3. Be of good repute and moral character;
4. Not have been denied a gaming license by the Tribe, the State of South Dakota
or the State of North Dakota or any other gaming licensing jurisdiction, or
currently have a gaming license which has been suspended by the Tribe, the State
of South Dakota or the State of North Dakota or any other gaming licensing jurisdiction,
or have had a gaming license revoked by the Tribe, the State of South Dakota
or the State of North Dakota or any other gaming licensing jurisdiction;
5. Not be employed in any part-time or full-time employment with a government
or private employer in any capacity which would create a conflict of interest
between the applicant's employment and the interests and objectives of the licensed
employment;
6. Not be ineligible for a license under Sections 58-38-02 or 58-38-04;
7. Not be a current user of alcohol or-drugs, including legal drugs, or other
chemicals in an abusive manner or a current user of any illegal drugs or chemicals.
58-38-04 The Commission may find an applicant ineligible for a license and deny, suspend, or revoke the license of any applicant who has pied guilty to or has been convicted of any of the offenses listed below
1. Offenses related to bookkeeping; or
2. Offenses related to gambling; or
3. Offenses related to cheating, theft, or to any fraud or deception while participating
in gaming activities or otherwise; or
4. Offenses related to the use of an alias; or
5. Offenses that are felonies and are illicit drug related; or
6. Offenses that are a Class (1) misdemeanor.
58-38-05 If a conviction occurred within the last five (5) years, the license shall be denied. If conviction occurred within the last ten (10) years, a license may be issued if the Commission determines that sufficient evidence of rehabilitation exists.
58-38-06 No gaming license for a key employee or primary management official to do business at or with the Tribe's gaming operation shall be issued by the Commission until after the National Indian Gaming Commission has provided the Tribe with:
1. A notice that it has no objection to the issuance of a license to such key
employee or primary management official, or
2. A statement itemizing objections to the issuance of a license to such key
employee or primary management official and the Commission has reconsidered
such person's application taking such objections into account.
58-39-01 Temporary employment without a license
58-39-02 Any person required to be licensed under Sections 58-33 and 58-34 may be employed by the Tribe's gaming operation without such licensure for a period not to exceed ninety (90) days, except that in the case of any person who is not a key employee or primary management official, the Commission may approve up to an additional thirty (30) days of employment if the completion of the background investigation is pending at the expiration of the ninety (90) day period, provided that prior to the commencement of employment each such person has completed and submitted to the Commission the license application required under this Ordinance.
58-39-03 Whenever the gaming operation approves the employment of a key employee or primary management official under Section 58-39-02, no later than the first day that such person commences employment, the gaming operation shall forward such person's completed license application to the National Indian Gaming Commission.
58-39-04 Whenever the gaming operation approves the employment of a key employee or primary management official under Section 58-39-02, no later than the first day that such person commenced employment, the Commission shall begin to conduct the background investigation required by Section 58-45-02 to determine the eligibility of such person for continued employment in the gaming operation. Within sixty (60) days after a key employee or primary management official commences employment without a license, the Commission shall forward to the National Indian Gaming Commission the investigative report required by Section 58-45-04.
58-39-05 Except as otherwise provided in Section 58-39-02, the employment of any person required to have a license under Sections 58-33 and 58-34 shall automatically terminate if such person is not licensed 90 days following the commencement of employment.
58-39-06 It shall be unlawful for any licensed gaming operation to fail to notify the Commission of any new prospective employee, new contractor, or new primary management official. The Commission shall conduct a background investigation and provide license approval or disapproval prior to the permanent employment of all new employees, contractors Amendment or primary management officials. Any information received by the Commission shall be confidential.
58-40-01 License application requirements
58-40-02 Each license application shall include a waiver of any right of confidentiality and shall allow access to law enforcement and regulatory agency records of the United States, any state, any tribe, and any foreign government, extend to any financial or personnel record wherever maintained, and authorize the Commission to obtain information from other state and tribal gaming jurisdictions regarding license or permit applications or disciplinary actions, or conduct of the applicant or any of its shareholders, partners, agents, or employees in those jurisdictions. The waiver shall also authorize the Tribe to disclose any of the information contained in the application to appropriate federal, tribal, state or foreign law enforcement and regulatory agencies in connection with a background investigation or when relevant to civil criminal or regulatory investigations or prosecutions or investigations of activities associated with a gaming operation.
58-40-03 Support Gaming License application. A license application of any natural person required to have a license in order to qualify for employment at a tribal gaming operation shall contain, at a minimum, the following information about the license applicant:
1. Full name, including other names used (oral or written);
2. Date and birth and place of birth;
3. Social security number(s);
4. Citizenship(s), including tribal affiliation(s);
5. Gender;
6. All languages (spoken or written);
7. Mar