Skip to main content
Loading…
This section is included in your selections.

(1) Licensing Requirements. It is the declared policy of the tribe that all gaming activities be licensed and controlled so as to protect the morals, good order and welfare of tribal members and other persons on the reservation and to preserve the honesty, fairness and integrity of all such gaming activities. Accordingly, no person shall engage in any Class II or Class III gaming activities on the reservation without an appropriate and valid Class II or Class III license issued by the gaming commission. Any gaming license which is issued, or finding of suitability or approval by the gaming commission, shall be deemed a privilege subject to suspension or revocation for cause.

(2) Burden on Applicant. The burden of proving an applicant’s qualification to receive any license hereunder is at all times on the applicant. Applicants must accept any risk of adverse public notice, embarrassment or any other action which may result from the application process and expressly waive any claim for damages as a result thereof.

(3) Applicant Claim of Privilege. An applicant may claim any privilege afforded by law in connection with a gaming license application or investigation, but a claim of privilege with respect to any testimony or evidence pertaining thereto may constitute sufficient grounds for denial, nonissuance, suspension or revocation of any gaming license.

(4) Types of Licenses. Three classes of licenses shall be issued to persons associated with gaming activities:

(a) Class A Licenses. Before permitting any person to become permanently associated with any gaming activity as an investor, management entity, primary management official, key employee, closely associated independent contractor, or other individual or entity with influence over the management or operation of the gaming, or a Class III gaming employee, supplier, manufacture or distributor, such person shall obtain a Class A license.

The gaming commission shall cause to be conducted a background investigation to determine if such person has:

(i) Any criminal record or any reputation, prior activities, habits or associations which might pose a threat to the public interest or to the effective regulation of gaming;

(ii) Anything else in their background which might create or enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming.

(b) Class B Licenses. Persons who are not among those identified in subsection (4)(a) of this section but are to be employed at a gaming facility on a reservation in some other capacity, such as in nongaming related activities or, at the option of the gaming commission and with the exception of key employees and primary gaming management officials who shall be required to obtain a Class A license, as Class II gaming employees, shall be required to obtain a Class B license from the gaming commission. Such persons must establish that they have not been convicted of a crime, or engaged in any activity which the gaming commission, in its sole discretion, deems would render such person a danger to the safety and integrity of the gaming activity or the safety or property of the tribe, any tribal member, or any gaming employee or patron, or the public.

(c) Class C Licenses. Minors employed at a gaming facility at the reservation may be issued a Class C license, which will entitle them to work in any position for which a Class B license is required for adults and not otherwise prohibited by this chapter or other applicable law, provided such minors are not deemed by the gaming commission to pose a danger to the safety and integrity of the gaming activity or the safety or property of the tribe, any tribal member, or any gaming employee or patron, or the public. Such licenses shall be valid for no more than six months at a time and shall be revoked upon the minor reaching the age of 18, at which time a Class A or B license may be appropriate, and will be required. Minors shall not be employed as dealers or otherwise operate or supervise the operations of games, or serve liquor.

(5) Background Investigation.

(a) The tribe shall request from each primary management official and each key employee all of the information specified in subsections (5)(a)(i) through (5)(a)(xiv) of this section as noted below. Further, each other applicant for a Class A license, except as provided otherwise by the gaming commission, shall also submit in the information specified in subsections (5)(a)(i) through (5)(a)(xiv) of this section. The tribe reserves the right, at any time, to request additional information during or subsequent to any background investigation.

(i) Full name, other names used (oral or written), social security number(s), date of birth, place of birth, citizenship status, gender, all languages (spoken or written);

(ii) Currently and for the last 10 years, business and employment positions held, ownership interests in those businesses, business and residence addresses and drivers license number(s);

(iii) 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 as listed under subsection (5)(a)(ii) of this section;

(iv) Current business and residence telephone numbers;

(v) Description of any existing business relationships with the gaming industry generally, including ownership interests in those businesses;

(vi) A description of any existing and previous business relationships with indian tribes, including ownership interests in those businesses;

(vii) Name and address of any licensing or regulatory agency with which the person has ever filed an application for a license or permit related to gaming, whether or not such license or permit was granted;

(viii) Name and address of any licensing or regulatory agency (federal, tribal, state, local or foreign) with which the person has ever filed an application for a occupational license or permit and whether or not such license or permit was granted;

(ix) For each felony for which there is an ongoing prosecution or conviction: the charge, the name and address of the court involved, and the date and disposition, if any of the case;

(x) For each misdemeanor or ongoing misdemeanor prosecution or conviction (excluding minor traffic violations) within 10 years of the date of the application: the charge, the name and address of the court involved, and the date and disposition, if any of the case;

(xi) For each criminal charge (excluding minor traffic violations) whether or not there is or was a conviction, if such criminal charge is within 10 years of the date of the application, and is not otherwise listed above pursuant to subsection (5)(a)(viii) or (5)(a)(ix) of this section: the criminal charge, the name and address of the court involved, and the date and disposition, if any of the case;

(xii) Current photograph;

(xiii) Any other information that the tribe may deem relevant; and

(xiv) Fingerprints consistent with procedures adopted by the tribe according to 25 C.F.R. Section 322.2(h).

(b) The tribe shall cause to be conducted an investigation sufficient to make a determination of eligibility required under this chapter. In conducting the background investigation, the tribe or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation, pursuant to the Privacy Act of 1974.

(6) Eligibility Determination. The gaming commission shall review a person’s prior activities, criminal record, if any, and reputation, habits and associations to make a finding concerning the eligibility of a key employee or primary official for employment in a gaming operation. If the gaming commission determines that employment of the person poses a threat to the public interest or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming, the tribal gaming enterprise shall not employ that person in a key employee or primary management official position and; further, shall not employ the person in any other position for which a Class A license is required, except as specifically provided by the gaming commission.

(7) Forwarding Licensing Applications and Reports to NIGC.

(a) On or before the date that any key employee or primary management official is employed by the gaming enterprise authorized under this chapter, the gaming commission shall forward to NIGC the person’s completed application for employment containing the information required under subsection (5) of this section.

(b) Prior to issuing a license to a primary management official or key employee, the gaming commission shall forward to NIGC, together with a copy of the eligibility determination made under subsection (6) of this section, an investigative report on each background investigation. The investigative report on each background investigation shall be forwarded to NIGC within 60 days after the employee begins work, or within 60 days of the approval of the ordinance codified in this chapter by the chair of the NIGC. The gaming enterprise shall not employ or continue to employ and person as a key employee or primary management official who does not have a license within 90 days of beginning work.

The investigative report shall include the following information:

(i) Steps taken in conducting a background investigation;

(ii) Results obtained;

(iii) Conclusions reached; and

(iv) The basis for those conclusions.

(c) The tribe shall provide to NIGC or any other agency, any other reports and information required by IGRA and regulations promulgated thereunder. Further, with respect to key employees and primary management officials, the tribe shall retain applications for employment and reports (if any) of background investigations for inspection by the chair of NIGC or his or her designate for no less than three years from the date of the termination of employment.

(d) If a license is not issued to an applicant, the tribe shall notify NIGC and may forward copies of its eligibility determination and investigative report (if any) to NIGC for inclusion in the Indian Gaming Individuals Records System.

(8) Granting a Gaming License.

(a) If within a 30-day period after the NIGC receives a report as required under subsection (7) of this section, the NIGC notifies the tribe that it has no objection to the issuance of a license pursuant to the license application filed for a key employee or primary management official for whom the tribe has provided an application and investigative report, the tribal gaming commission may issue the license.

(b) The tribal gaming commission shall provide any additional information requested by the chair of the NIGC concerning a key employee or primary management official who is the subject of the report as required under subsection (7) of this section. A NIGC request for additional information shall suspend the 30-day period under subsection (8)(a) of this section until the chair of the NIGC receives the additional information.

(c) If within the 30-day period established under subsection (8)(a) of this section, the NIGC provides a statement itemizing objections to the issuance of a license to a key employee or primary management official, the tribal gaming commission shall reconsider the application, taking into account such objections. The tribe retains the right to make the final determination whether to issue the license to such applicant.

(9) Temporary Licenses. Pending completion of an investigation for a license, temporary licenses may be issued by the gaming commission, if in its sole discretion it may deem it appropriate to do so. Such licenses shall permit the licensee to engage in such activities and pursuant to such terms and conditions as specified by the gaming commission, in its sole discretion.

(10) License Renewal. Class A and Class B licenses unless otherwise specified and exempted by the gaming commission, shall be subject to renewal every year and may be revoked or suspended upon the occurrence of any act which, if known during the application process, would have tended to disqualify such person for such a license.

(11) License Investigations. The gaming commission may employ all reasonable means, including the engagement of outside services and investigators and the holding of hearings, to acquire the information necessary to determine whether or not a license should be issued. Applicants may be required if so requested to pay a license fee and to reimburse the gaming commission for all costs incurred in obtaining information as a condition of processing such application, except that no tribal member shall be charged any license fee or cost. Estimates of such costs shall be provided to applicants upon reasonable request.

(12) License Fees. All persons applying for a license shall agree to pay all applicable license fees and costs when due, including a reasonable deposit for costs for the gathering of information and investigation in connection with the license application. Applicant shall also agree to release all information necessary in order for the gaming commission to achieve its goals under this section and to furnish such information to the Bureau of Indian Affairs, the NIGC or other such agency as may be required by law.

(13) Standards. All persons engaged by or associated with any gaming activity on the reservation shall conduct themselves with honesty, integrity, and with such decorum and manners as may be deemed necessary to reflect positively on the tribe, its members and the gaming activity involved. Any failure to abide by such standards, or any violation of any rule, ordinance, custom, or tradition of the tribe, the reservation or the gaming activity, or the terms or conditions of the license, may be grounds for the immediate suspension or revocation of any license issued hereunder.

(14) Appeals. All decisions of the gaming commission regarding the issuance of licenses shall be final, except that any tribal member who is denied a license by the gaming commission may within 60 days of written notice of such denial, appeal that denial to the tribal business council, which shall have the power to reverse the decision of the gaming commission and order that such license be issued; provided further, that no such license shall be issued for more than one year, subject to the renewal procedures set forth herein; and provided further, that no order of the tribal business council that a license be issued shall be valid if such an issuance would place the tribe in violation of any tribal-state compact to which the tribe is a party, or of any applicable law. Subject to the approval of the tribal business council; and provided, that such license issuance would not place the tribe in violation of any tribal-state compact to which the tribe is a party, or of any applicable law, the aforesaid license requirements may be waived as to any member of the tribe.

(15) License Suspension.

(a) If, after the issuance of a gaming license, the gaming commission receives reliable information from the NIGC or other reliable sources indicating that a key employee or a primary management official is not eligible for employment under the eligibility criteria established in this section, the gaming commission shall suspend the license and notify the licensee in writing of the license suspension and proposed revocation.

(b) The gaming commission shall notify the licensee in writing of a time and place for a hearing on the proposed revocation of a license.

(c) After the revocation hearing, the gaming commission shall determine whether to revoke or to reinstate the gaming license For actions taken in response to information provided by the NIGC, the gaming commission shall notify NIGC of its decision.

(16) Facilities Licenses. Before gaming activities can be conducted therein, the gaming commission shall inspect and license, in accordance with this chapter and any requirements of IGRA, each such facility. Facilities in which gaming activities were taking place on the date the ordinance codified in this chapter was adopted shall be deemed to have qualified for and be operating under such a license upon adoption of the ordinance codified in this chapter. [Ord. Gaming Ordinance § 9, 1993.]