Judicial Code
Gaming Ordinance
TITLE I.
GENERAL PROVISIONS
Section
100.SHORT TITLE.
This
Ordinance shall be known and may be cited as the Gaming Ordinance of the Prairie
Island Indian Community, as amended.
Section
101. FINDINGS AND INTENT.
The Prairie Island Indian Community
Tribal Council finds that:
A. The
Community was organized by the membership to "form a more perfect union,
develop our natural resources, insure our domestic tranquility, promote the
general welfare, to enjoy certain rights of home rule, to provide education in
schools of higher learning including vocational, trade, high schools, and
colleges for our people, and to secure the opportunities offered us under the
Indian Reorganization Act...." Preamble, Constitution and Bylaws of the
Prairie Island Indian Community in Minnesota.
B. The Prairie
Island Indian Community desires to be self-sufficient in its internal affairs,
as reliance upon federal and other resources has been adverse to the quality of
life within this Community in both the present and the past.
C. Public
gaming operations have been introduced to the Prairie Island Indian Community
and are of vital interest to the public health, safety, and welfare of the
people. Instead of prohibiting such operations, they need to be regulated in a
manner commensurate with the interests of the Prairie Island Mdewakanton Sioux
people.
D. By virtue
of the treaties between the United States of America and the Prairie Island
Mdewakanton Sioux and the statutes and court decisions of the United States,
which together have established and maintained the doctrine of Indian
sovereignty, there remains the federal guarantee of the perpetual integrity of
the Prairie Island Indian Community.
E.The Prairie Island Indian Community
requires methods for establishing a base to generate revenues for
self-perpetuation and essential governmental services.
F. T he
regulation of public gaming within the Prairie Island Indian Community is in the
best interest of the Prairie Island Mdewakanton Sioux people. Further, the
Prairie Island Indian Community Tribal Council determines that the intent of
this Ordinance is to:
1.Completely
regulate and control gaming on trust lands located within the Prairie Island
Indian Community, in compliance with applicable law;
2.Provide,
through the revenue generated by and taxes levied on Community licensed gaming
operations, a source of funding for tribal government operations and programs,
and programs for the general welfare of the Community;
3.Foster
a spirit of cooperation with the National Indian Gaming Commission in the
regulation of Community gaming;
4.Protect
gaming as a means of promoting tribal economic development; and
5.Ensure
that Community gaming is conducted fairly and honestly by both the operator and
the players as a genuine means of providing both recreation and entertainment,
entirely free from organized crime and other corrupting influences.
Section
102. DEFINITIONS.
The following
words and phrases when used in this Ordinance shall have the meanings
respectively ascribed to them in this Section:
A. "Applicant"
shall mean any person or entity having on file with the Commission an
application for a gaming license.
B. "Community"
shall mean the Prairie Island "Mdewakanton Sioux" Indian Community in
the State of Minnesota, a federally recognized Indian tribe organized under
Section 16 of the Indian Reorganization Act of 1934, 25 U.S.C. §476.
C. "Community
Lands" or "Indian Lands" shall mean all lands within the limits
of the Prairie Island Indian Community Reservation, all lands held in trust by
the United States for the benefit of the Community as of October 17, 1988, and
all lands which may be acquired in trust by the United States for the benefit of
the Community after October 18, 1988, over which the Community exercises
governmental power, and which meet the requirements of Section 20 of the Indian
Gaming Regulatory Act, 25. U.S.C. 2719.
D. "Community
Council" or "Council" shall mean the governing body of the
Prairie Island Indian Community in Minnesota.
E. "Gaming
Commission" or "Commission" shall mean the Prairie Island Indian
Community Gaming Commission.
F. "Gaming
Inspectors" or "Inspectors" shall mean the employees of the
Gaming Commission who assist in the regulation of gaming activities.
G. “Tribal-State
Compacts” and "Compacts” shall mean the agreements between the
Community and the State of Minnesota concerning the operation of video games of
chance and blackjack, and any amendments thereto or any Other Compacts.
H. "Gambling
equipment" shall mean equipment of devices used in gambling, including but
not limited to bingo cards or sheets, devices for selecting bingo numbers,
pull-tabs, jar tickets, paddlewheels, tipboards, bill acceptors, card readers,
electronic bingo machines, black jack table layouts, stacker boxes, cards,
chips, tokens and video games of chance and all equipment or devices associated
with such gambling equipment.
I. "Gambling"
and “Gaming” shall mean the act of paying for the opportunity and
participation in a game or games of chance for money or something of value,
where motor skills play no part or are of no consequence in determining the
outcome of the game; to operate, carry on, conduct, maintain, or expose for
play, money, property, or any representative of value wherein the outcome of a
game is decided by chance or in which chance is a material element, but does not
include social games played solely for consumable goods, i.e. foodstuffs, or
games played in private homes or residences for prizes or games operated by
charitable and educational organizations that are approved by the Council.
J. "Gaming
enterprise" shall mean any commercial business owned by the Community and
operated, in part or in whole, for the conduct of bingo, the sale of pull tabs,
or the conduct of other games of chance, including video games of chance.
K. "Gaming
operator" shall mean a person, organization or entity that conducts the
management of gaming at a Community gaming enterprise, including an entity
entering into a management contract with the Community or the Community itself
or any subdivision thereof.
L. "Gaming
test laboratory" shall mean, as contemplated by Section 6.1 of the
Tribal-State Compact regarding video Games of Chance, a laboratory agreed to and
designated in writing by the Minnesota State Commissioner of Public Safety and
the Tribal Council as competent and qualified to conduct scientific tests and
evaluations of video games of chance and related equipment; a laboratory
operated by or under contract with the states of Minnesota, or Nevada, or New
Jersey, or South Dakota constitutes a designated gaming test laboratory.
M. “IGRA”
shall mean the Indian Gaming Regulatory Act of 1988, Public Law 100-497, 102
Stat. 2467, codified at 25 U.S.C. §2701 et seq.
N. “Key
Employee” shall mean A person who performs one or more of the following
functions: Bingo caller, Counting Room Supervisor, Chief of Security,
Custodian of Gaming Supplies or cash, Floor Manager, Pit Boss, Dealer, Croupier,
or Custodian of Gambling equipment, and any other person whose total cash
compensation is in excess of $50,000.00 per year, and the four most highly
compensated persons in the gaming operation.
It shall also mean, any person with the authority to sign checks or
create or discharge financial obligations, whether acting alone or with others.
O. “Licensee”
shall mean any person who has been issued a license by the Gaming Commission,
excluding, specifically, persons who have been granted Temporary Employment
Authorizations while their license applications are under review by the Gaming
Commission.
P. “Management
Official” shall mean any person with a direct financial interest in or
management responsibility for the gaming operation and any person who has the
authority to hire and fire employees, to set working policy for the gaming
operation or the chief financial officer or other person with financial
management responsibility for the gaming operation.
Q. "Other
Compacts" shall mean such agreements as may in the future be entered into
between the Community and the State of Minnesota, governing Class III gaming, as
that term is defined by the Indian Gaming Regulatory Act of 1988, codified at 25
U.S.C. §2703 (8).
R. "Other
games of chance" shall mean games similar to traditional bingo in which
prizes are awarded on the basis of a designated winning number or numbers, color
or colors, symbol or symbols determined by chance. Such games may be played
using pull tabs, raffles, paddlewheels, tipboards, punchboards, tip jars, gaming
tables, tokens, satellite television transmission, but shall not include video
games of chance defined herein; or shall have the same meaning as the term Class
II gaming as defined by the Indian Gaming Regulatory Act of 1988, codified at 25
U.S.C. §2703 (7)(A). Any game of chance that is not prohibited by the criminal
laws of the State of Minnesota, or is subject to permissive regulation pursuant
to Minnesota law, chapter 349 or successor legislation shall be included in this
definition.
S. "Traditional
bingo" shall mean that game in which each player is supplied a card or
board containing five adjoining horizontal and vertical rows with five spaces in
each row each containing a number or figure therein and the word
"free" marked in the center space thereof, or in which such a card or
board is represented on a video screen. Upon announcement by the person
conducting the game or the appearance on the video screen of any number or
figure appearing on the player's card or board, the space containing said
figures or number is covered by the player. When the player shall have covered
all five spaces in any horizontal and vertical row, or shall have covered four
spaces and the "free" space in a five space diagonal row, or shall
have covered the required combination of spaces in some other preannounced
pattern or arrangement, such combination of spaces covered shall constitute
"bingo." The player or players to first announce "bingo" are
awarded money, merchandise, or some other consideration by the person or persons
conducting the game.
T. "Vendors"
shall mean any person, corporation, sole proprietorship, partnership or any
individual, including but not limited to, a merchant, retail dealer, supplier,
importer, wholesale distributor who transfers property, goods, or other services
by sale to a gaming facility, whether gaming or non-gaming related.
U. "Video
game of chance" shall mean electronic or electromechanical video devices
that simulate games commonly referred to as poker, blackjack, craps, hi-lo,
roulette, line-up symbols and numbers, or other common gambling forms, which are
activated by the insertion of a coin, token, or currency, and which award game
credits, cash, tokens, or replays, and contain a meter or device to record
unplayed credits or replays; or otherwise shall have the same meaning as the
term Class Ill gaming as defined by the Indian Gaming Regulatory Act of codified
at 25 U.S.C. §2703 (8) and all equipment or devices used in association with
video games of chance..
Section 103.AUTHORIZATION OF GAMING ACTIVITIES
The Prairie
Island Indian Community hereby authorizes
all permitted forms of Class I, Class II and Class III gaming on the Prairie
Island Indian Community lands, subject to the provisions of this Ordinance and
all regulations promulgated pursuant thereto, the Tribal-State Compacts, the
IGRA and the Regulations promulgated pursuant thereto.
Section
104.SEVERABILITY.
The
provisions of this Ordinance are severable; and if any part or provision hereof
shall be held void by tribal or federal court or federal agency, the decision of
the court or agency so holding shall not affect or impair any of the remaining
provisions of the ordinance.
Section 200.ESTABLISHMENT OF PRAIRIE
ISLAND INDIAN COMMUNITY GAMING COMMISSION AND RATIFICATION OF PRIOR ACTIONS.
A. The Prairie
Island Indian Community Council hereby establishes the Prairie Island Indian
Community Gaming Commission and delegates to it the authority to regulate the
conduct of gaming activities on lands of the Prairie Island Indian Community
consistent with the specific authorities delegated by Section 201 of the
Ordinance, the Tribal-State Gaming Compacts, the IGRA and the regulations
promulgated pursuant thereto, and any other laws and ordinances of the Prairie
Island Indian Community, including any regulations promulgated by the
Commission.
B. The Community Council further ratifies all actions taken by the Gaming Commission prior to the effective date of this amended Ordinance.
Section
201.DELEGATION OF AUTHORITY TO COMMISSION.
A. The Commission is authorized and empowered to exercise authorities including, but not limited to, the following:
1.To create all necessary forms;
2.To collect license fees and costs;
3.To process all license applications;
4.To issue, deny, limit, condition, suspend and revoke all licenses, including but not limited to C and C-1 licenses, and to notify the National Indian Gaming Commission of such action if required by the IGRA;
5.To issue citations for violations of this Ordinance, any regulations promulgated by the Commission pursuant to this Ordinance, any order of the Commission or any license condition or other limitation;
6.To impose penalties, including but not limited to licensing action and/or fines of up to $1000.00 for violations of this Ordinance, any regulations promulgated by the Commission pursuant to this Ordinance, any order of the Commission or any license condition or other limitation;
7.To conduct
or cause to be conducted audits of gaming activities including but not limited
to all contracts for supplies, services, or concessions for a contract amount in
excess of Twenty-five Thousand Dollars ($25,000.00) annually (except for
contracts for professional legal or accounting services, relating to Class II
and Class III gaming, as defined by the Indian Gaming Regulatory Act, 25 U.S.C.
§2703);
8.To conduct or cause to be conducted audits to ensure the health, safety and environmental status of the gaming operations;
9.To retain legal counsel, subject to the approval of the Community
Council;
10.To defend this Ordinance before any Tribal, Federal, State, or local
tribunal;
11.To conduct or cause to be conducted all background investigations that are necessary for the issuance of Commission licenses;
12.To conduct hearings as necessary, to issue decisions relative to those hearings and to impose penalties or sanctions, if necessary;
13.To prepare and submit to the Community Council an annual budget at the beginning of each fiscal year for the purpose of allocating funds to the Commission for its operations pursuant to the provisions of this Ordinance. The Commission may in accordance with any approved budget employ such staff as it deems necessary to fulfill its responsibilities under this Ordinance;
14.To ensure compliance with this Ordinance, the IGRA, the Regulations promulgated pursuant to the IGRA, the Tribal-State Compacts, any Regulations promulgated by the Commission pursuant to this Ordinance and any applicable codes adopted by the Community Council;
15.To recommend to the Community Council policies and guidelines relating to gaming, including amendments to this Ordinance; and
16.To promulgate regulations to fulfill any of the authorities delegated hereby or that might in the future be delegated to the Commission.
B.
The
Commission also may exercise any other authority or perform any other duty that
might hereafter be delegated to the Commission by the Community Council.
C.
In
the event that the Commission lacks sufficient members to conduct business or to
otherwise fulfill the duties delegated hereby, the Community Council will resume
the authority hereby delegated on a temporary, emergency basis.
Section 202.MEMBERSHIP
A. Qualifications:
The Prairie Island Indian Community Gaming Commission shall be composed
of enrolled members of the Prairie Island Indian Community who have submitted to
a background investigation that demonstrates that they are members in good
standing, which is defined to be a person who has not been convicted of a felony
or a misdemeanor involving a gaming offense or dishonesty (a crime involving
dishonesty is defined to be a conviction for fraud, embezzlement, theft by
swindle, and/or theft by misrepresentations)
is current in all financial obligations to the Community, and is duly
appointed by the Community Council.
B. Number
and Tenure: The Gaming Commission shall be composed of five (5) members.
Commissioners shall hold office for six (6) years from the date of their being
hired, so long as they remain qualified as defined in Subsection A, above.
The six-year term established by this Section shall be considered an
aggregate term, and shall include time served under prior appointment as a
Commissioner and unpaid leave time. The
aggregate term of Commissioners shall not include time served as a Commission
staff person or consultant.
C. Resignation
and Removal: Commissioners may resign at any time, effective immediately or at a
specified later date, by giving written notice to the Executive Director of the
Commission and the Community Council. Commissioners
may be removed for cause by a majority vote of a quorum of the Community
Council. Cause for removal of a
Commissioner includes but is not limited to, commission of a felony or any
gaming offense in any jurisdiction, breach of confidentiality, dereliction of
duties, or any other cause as provided by this Ordinance or any other applicable
Prairie Island Indian Community Ordinance or Judicial Code.
If a Gaming
Commissioner becomes a duly elected member of the Community Council, the Gaming
Commissioner shall resign their position as Commissioner when the election is
certified pursuant to the Prairie Island Indian Community Election Ordinance.
D. Filling
Vacancies:Vacancies on the Gaming Commission caused by death, resignation,
removal or other cause, shall be filled by appointment of a new Commissioner by
a majority vote of a quorum of the Community Council.
Section
203.OFFICERS AND STAFF.
A. Executive Director – Selection
and Duties.
1.Every two (2) years, the Gaming
Commission shall elect an Executive Director
by a majority of a voting quorum of the Commission.
2.Duties - Executive Director:
The Executive Director of the Gaming Commission shall preside at
all meetings of the Gaming Commission and perform such duties and exercise such
powers as are necessary or incident to the supervision and management of the
business and affairs of the Gaming Commission.
In the absence of the Executive Director, a presiding officer will be
appointed by a majority vote of a quorum of the Commission
B.
Staff and Consultants: The
Commission may employ staff and consultants as follows:
1.Staff/Employees
may include, but is not limited to the following:
a.
Regular. Regular Employees are those individuals working in excess of thirty-two
(32) hours per week.
b.
Part Time. Part Time Employees are those individuals working less than
thirty-two (32) hours per week.
c.
Temporary. Temporary Employees are those individuals who are employed for a
finite term irrespective of the number of hours worked per week.
2.The Commission may hire professional
consultants that may include, but are not limited to, the following:
a.
Auditor. Auditor includes any
person or entity performing accounting or auditing services pursuant to the
requirements of the Tribal State Compacts, the IGRA and the Regulations
promulgated pursuant thereto, this Ordinance and any Regulations promulgated
pursuant thereto.
b.
Investigator. Investigator includes
any person or entity that provides investigative services in fulfillment of the
requirements of the Tribal State Compacts, the IGRA and the Regulations
promulgated pursuant thereto, this Ordinance and any Regulations promulgated
pursuant thereto. An investigator
may also be hired as a regular, part-time or temporary employee.
c.
Lawyer.
Lawyer includes any person or entity which provides services under a
contract with the Community Council that has been approved by the Secretary of
the United States Department of the Interior, or his designee at the Bureau of
Indian Affairs, Minneapolis Area Office, pursuant to Article V, Section 1(b) of
the Constitution of the Prairie Island Indian Community to advise the Commission
on implementing and fulfilling its regulatory duties under the requirements of
the Tribal State Compacts, the IGRA and the Regulations promulgated pursuant
thereto, this Ordinance and any Regulations promulgated pursuant thereto.
3. The
hiring of Staff and Consultants by the Commission is subject to approval by the
Community Council.
Commission
Staff are subject to all of the conditions of employment imposed by the
Community’s Personnel Handbook, including but not limited to, the prohibition
against employee fraternization imposed by that Handbook.
Section
204.MEETINGS.
A. Regular
meetings: Regular meetings of the Gaming Commission shall be held weekly on
Wednesday at 9:00 a.m., in the Gaming Commission offices or such other
designated location agreed upon by the Gaming Commission. Notice is not
necessary for regular meetings.
B. Special
Meetings: Any Commission member can call a Special Meeting of the Gaming
Commission. Notice of a Special
Meeting shall be a specific agenda delivered to each Commissioner at least
twenty-four (24) hours prior to the special meeting.
C. Special
or Emergency Meetings Without Notice: Special or Emergency Meetings may be conducted by the Gaming Commission
without notice required by Section 204.B. if
the Commission determines that such a meeting is necessary.
All Commissioners must be contacted when a special or emergency meeting
is called. Any Commissioner may, in writing or orally, either before, at, or
after any meeting of the Gaming Commission, waive notice thereof and, without
notice, any Commissioner by attendance at such meeting, and participation
therein, shall be deemed to have waived notice of the action taken at any
meeting of the Gaming Commission.
Proceedings and decisions of all Gaming
Commission at a Special or Emergency meeting shall be recorded and distributed
to all Gaming Commissioners.
D. Quorum and Transaction of
Commission Business: A majority of three (3) of five (5) members of the Gaming Commission
shall constitute a quorum for the transaction of business at any meeting of the
Gaming Commission.
E. Presence
at Meetings: Members of the Gaming Commission must attend Commission meetings.
If a Commission member is unable to attend a meeting in person, that
Commissioner may participate in the meeting by means of telephonic conference or
similar communications equipment by which all persons participating in the
meeting can simultaneously hear each other, and such participation shall
constitute presence of the Commissioner at the meeting for the purpose of
transacting Commission business.
F. Voting:
Each
member of the Gaming Commission shall have the power to exercise one (1) vote on
all matters to be decided by resolution of the Commission. The affirmative vote
of a majority of a quorum of the Commissioners shall constitute a duly
authorized action of the Commission.
Commissioners and Commission employees may not participate in any Commission decision involving a gaming business, enterprise, or Gaming Vendor in which the Commissioner or Commission employee has a financial interest. Commission members and employees may not accept any gift or thing of value from a Gaming Vendor or from the Gaming Establishment or any of its officers, employees or agents. For the purpose of this Section, a Community member’s interest in per capita payments made pursuant to the Community’s Gaming Revenue Allocation Ordinance shall not constitute a financial interest in a gaming business or enterprise.
Section 206.COMPENSATION.
Commissioners
shall be compensated in accordance with an annual budget that has been adopted
and approved by the Community Council.
Section
207.COMMISSION STRUCTURE.
A. The Commission shall include departments for Compliance and Enforcement, Employee Licensing, Vendor Licensing and Surveillance. One Commissioner shall oversee each Department. The Commission may further organize itself as it deems necessary to fulfill its responsibilities under this Ordinance, including the creation of committees or divisions as may be necessary.
B. The Compliance and
Enforcement Department is primarily responsible for making recommendations on
the application and implementation of the regulatory functions as provided in
this Ordinance and any regulations promulgated pursuant thereto, the Compacts,
the IGRA and all regulations promulgated pursuant thereto.
Members of the Compliance and Enforcement Department will observe for
infractions of applicable laws or regulations, document the infractions on the
appropriate multiple part form and submit the form to management for corrective
action. If the situation warrants immediate action, the Commissioner will notify
management and the Community
Council and document the incident afterwards.
If appropriate corrective action is not taken within the deadline
established by the Department, the Commissioner of Compliance and Enforcement
will report the non-compliance to the full Commission which may take enforcement
action, including but not limited to, imposing fines and suspending or revoking
gaming licenses.
C. The
Licensing Department is primarily responsible for reviewing all employee license
applications, including Primary Management Officials, Key Employees, completing
appropriate background investigations, making recommendations to the full
Commission regarding whether to approve, deny, suspend, revoke or condition
licenses in order to ensure compliance with the prescribed suitability standards
and making all necessary reports to the Commission, the Community Council, the
State of Minnesota and the National Indian Gaming Commission.
D.
The Vendor Licensing Department is primarily responsible for reviewing
all license applications from Gaming and Non-Gaming Vendors, completing
appropriate background investigations, making recommendations to the full
Commission regarding whether to approve, deny, suspend, revoke or condition
licenses to assure compliance with the proscribed suitability standards and
making all necessary reports to the Commission, the Community Council, the State
of Minnesota and the National Indian Gaming Commission.
The Vendor Licensing Department also is responsible for maintaining a
current list of approved Gaming and Non-Gaming Vendors and for ensuring that the
Community’s gaming operations only conduct business with approved vendors.
E.
The Surveillance Department is primarily responsible for overseeing
Surveillance activities, reporting incidences that have been detected by
surveillance activities to the full Commission and recommending to the
Commission the appropriate response, and ensuring that surveillance activities
and equipment are in full compliance with all applicable laws and regulations.
Section
208.ADDRESS.
The address of the Prairie Island
Indian Community Gaming Commission is:
P.O. Box 75
5734 Sturgeon Lake Road
Welch, MN 55089
Section
209.Agent
of Service.
The designated agent for service of process for any official determination, order or notice of violation is:
Executive Director
Prairie Island Indian Community Gaming Commission
5734 Sturgeon Lake Road
Red Wing, MN 55066
TITLE III.
LICENSING
Section
300.LICENSE REQUIRED.
Any person,
organization or entity conducting gaming activities on land that is subject to
the jurisdiction the Prairie Island Indian Community, or any person,
organization or entity selling, leasing, or otherwise distributing gambling
equipment or video games of chance to the Community, shall be required to have
and display prominently a valid, and current Community gaming license issued
pursuant to the provisions of this Ordinance. Any other forms of public gaming
operations being conducted within the jurisdiction of the Community without the
lawful written approval of the Commission are prohibited.
Section
301.APPLICATION REQUIRED.
All persons
or organizations who may seek to engage in gaming activities within the
jurisdiction of the Community must apply for the appropriate license prior to
the scheduled activities or as otherwise allowed in the discretion of the
Commission. The application must be
made in writing on a form that has been approved for use by the Commission.
Section
302.PAYMENT OF FEES AND COSTS.
A. Each application for an initial or
renewal license shall be accompanied by payment of the appropriate license fee,
unless the license fee has been exempted by Section 314.C.. All license fees shall be non-refundable and made payable to
the Prairie Island Indian Community c/o the Prairie Island Indian Community
Gaming Commission. An application
that is not accompanied by the appropriate license fee will be deemed incomplete
and will not be processed by the Commission until the fee is received.
B. The Commission may also impose such additional fees that are reasonably
related to the cost of enforcement of the Ordinance, including but not limited
to cost of background investigations.
Section
303.LICENSE AS A REVOCABLE PRIVILEGE.
A Commission
license is a revocable privilege. A
licensee shall not be deemed to have any vested right in or to a Commission
license and a Commission license does not convey any property or liberty
interest to the Licensee. The burden of proving qualifications to hold a
Commission license rests at all
times on the licensee.
Section
304. CLASSES OF LICENSES.
A.Upon proper
application and approval, the following classes of licenses may be issued by the
Commission:
1.Class
A license for a gaming enterprise in which a gaming operator wishes to conduct
traditional bingo and other games of chance at a Community gaming enterprise;
2.Class
B license for a gaming enterprise in which a gaming operator wishes to conduct
video games of chance or other gaming subject to other compacts at a Community
gaming enterprise;
3.Class
C license for any management official or key employee of either a gaming
operation or the Community and a Class C-1 license for any other employee, not
licensed as a management official or key employee, of a gaming operation or the
Community who is employed in a gaming enterprise licensed under the provisions
of this Ordinance. The fee for Class C and C-1 licenses shall be $50.00;
4.Class
D license to any distributor or manufacturer of gambling equipment and/or video
games of chance to be used in a community gaming enterprise.
The fee for a Class D license shall be $100.00;
5.Class
E license for each video game of chance to be used in a Community gaming
enterprise; and
6.Class
F license for each person or entity that provides a Community gaming enterprise
with non-gaming related supplies, services or concessions. The fee for a Class F
license shall be $100.00.
B.All Commission licenses shall be valid
for a period of one year from the date of issuance.
Section
305.APPLICATION FOR GAMING ENTERPRISE.
The
application for a gaming enterprise shall contain the following information:
A.the name
and address of the gaming operator;
B.the name(s)
and address(es) of all interested parties (including those with direct or
indirect financial interests) and their interest and connection with the
applicant;
C.the name
and location of the gaming enterprise for which the gaming operator license is
being sought, the number and types of games to be played, a detailed plan of any
proposed construction with an environmental impact study, the number of planned
employees, and a business plan which includes a pro-forma projection;
D.explicit
and detailed information of any criminal record of any party of interest whose
name appears on the application to determine whether any party of interest:
1.has
committed a felony or gaming offense in any jurisdiction;
2.has
engaged in prior activities or maintains habits or associations affecting his
present conduct which would:
a.pose
a threat to the public and Community interests;
b.threaten
the effective regulation and control of Community gaming;
c.enhance
the dangers of unsuitable, unfair, or illegal methods, or activities in the
conduct of gaming.
3.the
name and address of all proposed or actual ancillary contractors who provide
supplies, services, concessions or property to the proposed gaming operator;
4.the
social security number of all parties of interest whose names appear on the
application;
5.a
description of any previous experience which the proposed operator has had with
the gaming industry generally, and Indian gaming in particular, including
specifically the name and address of any licensing or regulatory agency with
which such applicant has had contact relating to gaming;
6.a
financial statement of the applicant; and
7.any
additional information as may be deemed necessary by the Commission, the State
of Minnesota Department of Public Safety of the National Indian Gaming
Commission.
Section
306.APPLICATION AND INVESTIGATION OF CLASS
II AND III GAMING LICENSE APPLICANTS.
A.The
application for Class II and III Gaming licenses shall contain:
1.The
following statement:
In
compliance with the Privacy Act of 1974, the following information is provided.
Solicitation of the information on this form is authorized by 25 U.S.C. §2701
et seq. The purpose of the requested information is to determine the eligibility
of individuals to be employed in a gaming operation. The information will be
used by National Indian Gaming Commission members and staff who have need for
the information in the performance of their official duties. The information may
be disclosed to appropriate Federal, Tribal, State, local, or foreign law
enforcement and regulatory agencies when relevant to civil, criminal or
regulatory investigations or prosecution or when pursuant to a requirement by
the Prairie Island Indian Community Gaming Commission 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 the Prairie Island Indian Community Gaming Commission or a
gaming operation. Failure to consent to the disclosures indicated in this notice
will result in the Prairie Island Indian Community being unable to hire you in a
primary management official or key employee position. The disclosure of your
Social Security Number (SSN) is voluntary. However, failure to supply a SSN may
result in errors in processing your application.
2.The
following notice:
A
false statement on any part of your application may be grounds for refusing you
a license or revoking your license or for not hiring you, or for firing you
after you begin work. Also, you may be punished by fine or imprisonment (18
U.S.C. §1001).
3.The
full name, other names used (oral or written), social security number(s), birth
date, place of birth, citizenship, gender, all languages (spoken or written);
4.Currently
and for the previous 5 years: Business and employment positions held, ownership
interest in those businesses, business and residence addresses, and drivers
license numbers;
5.The
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 under paragraph (4) of this Section;
6.Current
business and residence telephone numbers;
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.The
name and address of any licensing or regulatory agency with which the person has
filed an application for a license or permit related to gaming, whether or not
such license or permit was granted;
10.For
each felony for which there is an ongoing prosecution or a conviction, the
charge, the name and address of the court involved, and the date of disposition;
11.For each misdemeanor conviction or
ongoing misdemeanor prosecution (excluding minor traffic violations) within 10
years of the date of the application, the name and address of the court involved
and the date and disposition;
12.For
each criminal charge (excluding minor traffic charges) whether or not there is a
conviction, if such criminal charge is within 10 years of the date of the
application and is not otherwise listed in response to the provisions of this
section, the charge, the name and address of the Court in which the charge was
filed and the date and form of the disposition of the charge;
13.The
name and address of any license or regulatory agency with which the person has
filed an application for an occupational license or permit, whether or not such
license or permit was granted;
14.A
photograph;
15.A
financial statement; and
16.Any
additional information, including the fingerprints of the applicant, as may be
determined by the Commission.
B.The
Commission shall conduct an investigation sufficient to make a determination
that employment of a person under investigation poses or does not pose a threat
to the public interest or to the effective regulation of or control of gaming,
or creates or enhances the dangers of unsuitable, unfair, or illegal practices
and methods or activities in the conduct of gaming. In conducting a background
investigation, the Commission shall keep confidential the identity of each
person interviewed in the course of the investigation. The Commission shall
perform the following:
1.conduct the
background investigation;
2.review and
approve the investigative work done;
3.report the
results of the background investigation to the National Indian Gaming
Commission;
4.obtain
fingerprints;
5.make
suitability determinations;
6.verify by
written and/or oral communication information submitted by the applicant;
7.inquire
into the applicant’s prior activities, criminal record, if any, and
reputation, habits and associations;
8.interview
a sufficient number of knowledgeable people such as former employers, personal
references, and others referred in order to provide a basis for the Commission
to make a finding concerning the eligibility for employment in a gaming
operation;
9.prepare an
investigative report that includes the following:
a.
steps
taken in conducting the background investigation;
b. results obtained including the documentation of
all potential problem areas noted and disqualifying information obtained;
c.
conclusions
reached; and,
d.
the
basis for those conclusions.
C. If the
National Indian Gaming Commission and the Commission possess an investigative
report for an employee, the Commission may update that report instead of
performing an entirely new investigation.
Section
307.REPORT TO NATIONAL INDIAN GAMING COMMISSION FOR CLASS II AND CLASS Ill
GAMING APPLICATIONS AND INVESTIGATION REPORTS FOR KEY EMPLOYEES AND PRIMARY
MANAGEMENT OFFICIALS.
A. The
Commission shall provide to the National Indian Gaming Commission a copy of a
completed application and Commission investigation report regarding all primary
management official or a key employee applicants.
B. The
Commission’s investigative report to the National Indian Gaming Commission
shall include, at a minimum, the following information:
1.Steps taken
in conducting a background investigation;
2.Results
obtained;
3.Conclusions
reached;
4.The basis for those conclusions; and
5.Whether a
license was issued or denied.
C. In the
event that the Commission has determined to issue a license to a primary
management official or key employee, then the Commission’s report to the
National Indian Gaming Commission must also include a copy of the Commission’s
determination that the applicant does not pose a threat to the public interest
or to the effective regulation of gaming, or create or enhance the danger of
unsuitable, unfair, or illegal practices, methods or activities in the conduct
of gaming, and such submission must be made no later than 120 days from the date
that the applicant was hired.
D. During a
30-day period beginning when the National Indian Gaming Commission receives a
report submitted under paragraph (C) of this Section, the Chairman of the
National Indian Gaming Commission may request additional information from the
Commission concerning an employee who is the subject of such a report. Such a
request shall suspend the 30-day period until the Chairman receives the
additional information.
E. If, at the
conclusion of the 30-day period described under paragraph (D) of this Section,
the National Indian Gaming Commission has not notified the Commission that it
has any objections, the Commission may issue the license.
Section 308.NON-GAMING LICENSE APPLICATIONS.
A. The Commission may use applications for
non-gaming license applicants that require the same disclosure as Class II and
III gaming license applications.
B. The background investigation process
for non-gaming license applicants will be narrower in scope that that for Class
II and III gaming licenses. At
minimum, the investigation will include the following:
1.review of application for completeness;
2.verification of all information
submitted by applicant;
3.search of law enforcement records for
any outstanding warrants and court records for any outstanding judgments or
liens;
4.sufficient inquiry into the
applicant’s prior work record, personal and criminal record, if any, to
develop an understanding of the applicant’s reputation, habits and
associations. This inquiry may
include interviewing, by phone or in person, personal and professional
references, former employers and others in order to provide a basis for the
development of an eligibility determination, and to assess the applicant’s
chance for development of a successful working relationship with the
Community’s gaming enterprise; and
5.documentation of any potential problem
areas and disqualifying information obtained.
Section
309.LICENSE SUSPENSION FOR PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES.
A. If, after
the issuance of a gaming license, the National Indian Gaming Commission receives
reliable information indicating that an employee is not eligible for licensing
under Section 306 (B) of this Ordinance, it will notify the Commission.
B. Upon
receipt of notification by the National Indian Gaming Commission as set out in
Section 309(A), the Commission shall suspend the license at issue and provide
written notice to the Licensee of the suspension and proposed revocation as well
as the licensee’s right to request a hearing before the Commission pursuant to
the provisions of the Commission’s hearing procedures as detailed in the
Commission’s Regulations.
C. In the
event the licensee makes a timely request for a hearing, the Commission shall
make a determination whether to revoke or to reinstate a gaming license and
shall provide written notice of its decision to the Licensee and the National
Indian Gaming Commission.
Section
310.APPLICATION FOR DISTRIBUTORS OF
VIDEO GAMES OF CHANCE AND GAMBLING EQUIPMENT.
The
application for any person, organization or entity wishing to sell, lease or
otherwise distribute gambling equipment and/or video games of chance to the
Community shall contain, at a minimum, the following information:
A. the name(s) and mailing address of
the person or entity making the application;
B. the names
and addresses of all interested parties (including those with direct or indirect
financial interests) and their interest and connection to the applicant;
C. the nature
of the license applied for; the type of activity to be engaged in under the
license;
D. explicit
and detailed disclosure of any criminal record, including any delinquent taxes
owed to the State of Minnesota, of the applicant, any person involved in the
organization, and any party of interest whose name appears on the application;
E. any
additional information necessary to allow the Community or the State of
Minnesota to investigate the applicant or any person included on the
application;
F. whether the
applicant has been properly licensed by the State of Minnesota pursuant to
Minnesota Statute Section 349.151; and proof of being the holder of a current
and valid distributor or manufacturer license from the State of Minnesota; or
properly licensed and holding a current and valid license from either the State
of New Jersey, or Nevada, or South Dakota;
G. whether the
applicant has ever had a distributor or manufacturer license revoked or
suspended by the state that issued the license and, if so, the circumstances
surrounding the state’s action;
H. a statement
of waiver allowing the Community and the State of Minnesota to conduct a
background investigation of the applicant and any person whose name is required
to appear on the application; and
I. whether the
applicant or any person whose name is required to appear on the application
maintains any involvement in the business of wholesale distribution of alcoholic
beverages.
Section
311.
LICENSING MANUFACTURERS AND
DISTRIBUTORS OF VIDEO GAMES OF CHANCE.
The following
requirements shall apply to management and conduct of all video games of chance
within any gaming enterprise licensed pursuant to the provisions of this
Ordinance:
A. Licensing
of manufacturers: No gaming enterprise may own, lease, or operate video
games of chance that have been manufactured by a manufacturer that has not
received a license from the Commission pursuant to the provisions of this
Ordinance. The Commission shall issue licenses only to manufacturers of video
games of chance holding a valid license from the States of Minnesota, New
Jersey, Nevada, or South Dakota.
B. Licensing
of distributors: No gaming enterprise may own, lease, or operate video games
of chance that have been distributed by a distributor that has not received a
license from the Commission pursuant to the provisions of this Ordinance. The
Commission shall issue licenses only to distributors of video games of chance
holding a valid license from the States of Minnesota, New Jersey, Nevada, or
South Dakota.
C. Suspension,
revocation, or non-renewal of manufacturer or distributor license: In the
event that the State of Minnesota, New Jersey, Nevada, or South Dakota,
suspends, revokes, or refuses to renew a license of a manufacturer or
distributor of video games of chance similarly licensed by the Commission, such
action shall be grounds for similar action by the Commission, which may suspend,
revoke, or refuse to renew the license issued by the Commission to such
manufacturer or distributor.
D. Technical
standards (testing and approval of video games of chance): No video game of
chance may be purchased, leased or otherwise acquired by a gaming enterprise
unless:
1.the
video game of chance is purchased, leased, or acquired from a manufacturer or
distributor licensed to sell, lease, or distribute video games of chance by the
Commission pursuant to the provisions of this Ordinance; and
2.the
video game of chance, or a prototype thereof, has been tested, approved or
certified by a gaming test laboratory as meeting all requirements and standards
of the compact on video games of chance or other applicable compacts.
E. Any gaming
activity involving video games of chance shall be conducted in strict compliance
with the compact on video games of chance and any other compacts between the
Prairie Island Indian Community and the State of Minnesota.
Section
312. MACHINE LICENSES.
An entity
with whom the Community enters into a lease or sales agreement regarding video
games of chance must obtain from the Commission an annual non-transferable
license for each video game of chance to be placed in a gaming enterprise.
A. An
application for a license for a video game of chance shall contain the following
information:
1.the
name and address of the applicant with proof of a current and valid distributor
or manufacturer license issued by a state and the Community;
2.identification
numbers or codes for each video game of chance placed in a Community gaming
enterprise, including the manufacturer, the serial number and the model number;
3.proof
of approval and certification of the machine by an approved gaming test
laboratory or proof that the video game of chance conforms precisely to the
exact specifications of the video game of chance prototype tested and approved
by the gaming test laboratory;
4.all
other information as required by the Tribal-State Compact on Video Games of
Chance; and
5.proof
of a current and valid video game of chance license issued by the State of
Minnesota pursuant to Minnesota Statute Section 349.52.
B. Upon
issuance, the Commission shall have attached to each video game of chance
licensed under the provisions of this Ordinance, an unremovable identification
plate on the exterior cabinet which contains the information as required by the
Tribal-State Compact on Video Games of Chance and the Prairie Island Indian
Community Minimal Internal Control Standards, as those controls may be amended
from time to time.
Section
313. FRAUD ON APPLICATION.
It shall be
unlawful for any applicant to lie, falsify or willfully deceive the Commission
in the submission of a license application. Fraud on an application will result
in the denial or revocation of the license at issue and may also result in other
sanctions that the Commission deems appropriate
in its discretion.
Section
314.EXEMPTIONS.
A. The following activities do not
require a license under this title:
1.Gaming
not for gain: Gaming in which no cash or valuable prizes are won, other than
“points” for cumulative competitive ratings or “places” for immediate
competitive rankings, is not subject to the provisions of this ordinance.
However, gaming for gain that is conducted by a non-profit organization is
subject to the requirements of this ordinance if cash or valuable prizes are
awarded. ‘Valuable prize” means an object or service worth One Hundred
Dollars ($100.00) or more in fair market value.
2.Traditional
Indian Gaming: Traditional Indian gaming activity, (i.e. 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 qualifies for exemption.
B. The Community’s Gaming Establishments
shall be automatically licensed with the adoption of this Ordinance and shall be
issued a Class A and Class B license. These licenses shall be renewed each year
until otherwise directed by the Community Council by written resolution or
amendment to this Ordinance.
C. Class A, B
and E Licenses shall be exempt from license fees.
Section 315.
RETENTION OF APPLICATIONS FOR EMPLOYEES OF A GAMING OPERATION OTHER THAN
KEY EMPLOYEES AND PRIMARY MANAGEMENT OFFICIALS.
The
Commission shall retain applications for licensure and reports (if any) of
background investigations for inspection by the Chairperson of the National
Indian Gaming Commission or his or her designee for not less than three (3)
years from the date of hire.
Section
316.LICENSE DISPLAY.
Every
licensed gaming operator shall display in a prominent place a current and valid
Commission license for that location.
Section
317. GENERAL LICENSE CONDITIONS.
A. No credit extended:
All gaming shall be conducted on a cash basis. Except as herein provided, no
person shall be extended credit for gaming by any gaming enterprise. This
restriction shall not apply to credits won by players who activate play on video
games of chance after inserting coins or currency into the game, and shall not
restrict the right of a gaming enterprise to offer check cashing or to install
or accept bank card or credit card transactions in the same manner as would be
normally permitted at any retail business within the State of Minnesota.
B. Minimum age for players:
No person below the age of eighteen (18) years on the date of gaming shall be
permitted to participate in the gaming in any gaming enterprise licensed under
the provisions of this ordinance. If any person below the age of eighteen (18)
years plays and otherwise qualifies the win any prize, the prize shall not be
paid, and the estimated amount wagered during the course of the game shall be
returned to the player.
C. Prohibition on firearms:
It shall be unlawful for any person to possess a firearm or dangerous weapon on
premises where licensed gaming is allowed, with the exception of firearms
possessed by duly authorized peace officers.
D. Change of Address of Licensee.
When a licensee changes a location of public gaming activities within the
Prairie Island Indian Community Reservation Indian Lands, the Commission shall,
after notification by the licensee or such changes, issue a corrected license
for the balance of the current period reflecting the new address upon reasonable
proof of change of address and without imposition of an additional license fee.
E. It shall be unlawful for a licensee to
engage in pawnbroking or to take goods or materials in hock or to lend money or
engage in similar activity with persons solely for the purpose of enabling the
person to gamble.
F. It shall be unlawful for any person to possess a firearm or dangerous weapon on premises where licensed gaming is allowed, with the exception of firearms possessed by duly authorized peace officers.
G. It shall be unlawful for any licensee
to fail to notify the Commission of any new prospective key employee, new
ancillary contractor, or new operator. The Commission shall investigate and
provide approval or disapproval of the applicant or new key employee,
contractor, or operator within thirty (30) days. Any information received by the
Commission shall be confidential.
H. It shall be unlawful for any licensee
to begin, without the approval of the
Commission:
1.the
employment of a new key employee or primary management official; or
2.the
performance of any new contract; or
3.the
control of any new operator.
H. A licensee
is required during normal business hours, to maintain his premises open for
inspection by the Commission or any other authorized government agency and keep
its books and financial records open for similar inspection.
Section
318.NON-TRANSFERABILITY.
The license
issued pursuant to the provisions of this ordinance is valid only for the
person(s) or organization(s), or entities at the place of business shown on the
face thereof. The license is not assignable or otherwise transferable to any
other person or organization or for any other location without the written
approval of the Commission. Any request for transferring or assignment of a
License must be made in writing to the Commission for its consideration.
Section
319. RULES OF PLAY DISPLAYED OR MADE AVAILABLE UPON REQUEST.
The gaming
operation must either prominently display in writing all rules and regulations
pertaining to all gaming activities, including but not limited to traditional
bingo, other games of chance and video games of chance, near to where the gaming
activity is conducted or must make available on request by any person a written
list of all such rules and regulations.
The gaming
operation shall utilize gaming rules and regulations that are in compliance with
the laws and regulations of the Community, all Compacts between the State of
Minnesota and the Community, the Indian Gaming Regulatory Act of 1988 and all
regulations promulgated pursuant thereto.
Section
320. VIOLATIONS.
A Violation
of any provision of this Ordinance or any of the Commission’s Regulations by a
licensee, the licensee’s agent, or employee may:
A.
be deemed contrary to the public health, safety, morals, good order, and
general welfare of the Community and its members;
B.
be subject to refusal to grant
or renew a license, or for suspension or revocation of a license;
C.
be subject to the filing of criminal charges and/or a civil action in a
court of competent jurisdiction on behalf of the Commission; and
D. be subject
to the imposition of a fine pursuant to Section 321.
Section
321. CIVIL PENALTY PROVISIONS.
Any licensee
violating any provision of this Ordinance, any regulation promulgated by the
Community Council or this Commission any provision of the IGRA or the
regulations promulgated pursuant thereto or any provision of the Compacts
between the Community and the State of Minnesota may be subject to action by the
Commission including but not limited to adverse licensing action and/or the
imposition of a civil penalty of not more than One Thousand Dollars ($1,000.00)
or other penalty alternative under Community law.
TITLE IV.
RULES OF GENERAL APPLICABILITY
Section 400.NOTICE OF AMENDMENT.
The Community Council will provide notice to the Commission and to Community members of its intention to amend, repeal or otherwise alter any provision of this Ordinance
Section
401.COMPLIANCE WITH THE IGRA.
It shall be
the policy of the Community to fully comply with all applicable federal law, to
include the provisions of the Indian Gaming Regulatory Act (25 U.S.C. §2701 et.
seq.), and the Tribal-State Compact on Video Games of Chance and other Compacts,
if any, in the conduct of all gaming activity within the jurisdiction of the
Community including, but not limited to, the requirement in the IGRA and the
Federal Regulations promulgated pursuant thereto that the Community will
construct, maintain and operate its gaming facilities in a manner that
adequately protects the environment and the public health and safety.
Section
402.SOLE PROPRIETARY INTEREST.
The Prairie
Island Indian Community shall have the sole proprietary interest and
responsibility for the conduct of any gaming activity, Class II or Class III, as
those terms are defined by the Indian Gaming Regulatory Act of 1988, 25 U.S.C.
§2703 (7),(8) within the jurisdiction of the Community.
Section
403.USE OF GAMING NET REVENUES.
Net revenues derived from gaming
activity shall be utilized for the following purposes:
A. To fund Community government
operations or programs;
B. To provide for the general welfare of
the Community and its members;
C. To promote Community economic
development;
D. To donate to charitable
organizations; or
E. To help fund operations of local
government agencies.
Section
404.PER CAPITA PAYMENTS.
Net revenues
from any gaming activity (as defined by the Indian Gaming Regulatory Act, 25
U.S.C. §2703) may be used to make per capita payments to Community members only
if the payment is made pursuant to a gaming revenue allocation ordinance that
has been approved by the Secretary of the United States Department of the
Interior, or the Secretary’s designee.
Section
405. NO CONTINUING OPERATIONS PERMITTED.
No licenses
will be issued to allow the continuing operation of individually owned gaming
establishments since none were in operation on September 1, 1986 and Section
302 of this Ordinance does not permit
individually owned gaming establishments.
Section
406. DISPUTE RESOLUTION PROCESS.
A.
Disputes between a customer, player or member of the public and the
gaming facility relating to gaming activities shall be dealt with initially by
the supervisor on duty at the time that the dispute arises.
B.
If the dispute is not resolved to the satisfaction of the aggrieved part,
he or she can submit a written complaint to the manager of the gaming facility
who, within ten (10) business days of receipt of the complaint, shall render a
decision on the dispute in writing, stating the reasons for the decision.
C.
If thereafter the aggrieved party remains unsatisfied, he or she may
submit a written statement of the dispute and the reasons for his or her
dissatisfaction to the Executive Director of the Gaming Commission.
The Executive Director shall refer the dispute to the full Commission,
which may in its sole discretion, request additional information from the
aggrieved party, the manager of the gaming facility, or other parties and may
conduct a hearing on the matter. The
Commission shall issue a final written decision on the dispute within ten (10)
business days from receipt of the written statement from the aggrieved party, or
within ten (10) business days from the completion of the hearing, if one is
conducted.
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Copyright © 2003-2005, Prairie Island Indian Community. (Updated 4-21-05.)