RESOLUTION
NO. 2003 - 54
Re: RESOLUTION ADOPTING THE REVISED AND RESTATED COUSHATTA TRIBE
OF LOUISIANA GAMING ORDINANCE NO. 92-01
WHEREAS,
the Coushatta Tribe of Louisiana (the "Tribe") is a sovereign Indian
Nation recognized as such by the United States of America; and,
WHEREAS,
the Coushatta Tribal Council is the duly elected governing body of the
Coushatta Tribe of Louisiana; and,
WHEREAS,
the Coushatta Tribe of Louisiana is a sovereign entity whose existence
antedates that of the United States of America and the State of Louisiana,
and
WHEREAS,
an inherent attribute of sovereignty is the raising of revenue, and
WHEREAS,
the Coushatta Tribal Government requires fluids for social welfare and
betterment of its people, and
WHEREAS,
the Indian Gaming Regulatory Act, pub. L 100-497, 25 U.S.C. §2701
et seq. authorizes the Tribe to enact an Ordinance to regulate certain
types of Class II and Class III gaming activities as defined in that
Act on land within the jurisdiction of the Tribe, and
WHEREAS,
the terms of the Tribal-State compact governing Class III gaming activities
on lands within the jurisdiction of the Tribe have been established
in accordance with the provisions of the Indian Gaining Regulatory Act,
and
WHEREAS,
an inherent attribute of sovereignty is the enactment and maintenance
of codes and ordinances for the regulation of Class III and Class II
gaming activities within the Tribe's jurisdictional territory; and,
WHEREAS,
the Coushatta Tribal Council has determined that it is in the best interest
of the Tribe to amend the Coushatta Tribe of Louisiana Gaining Ordinance
No. 92-01;
NOW, THEREFORE
BE IT RESOLVED, that the Revised and Restated Coushatta Tribe of Louisiana
Gaming Ordinance No. 92-01 is hereby adopted, pursuant to the requirement
of section 11 of the Indian Gaming Regulatory Act and that any and all
previous ordinances and resolutions relating to Gaming Codes be repealed,
and
NOW, THEREFORE
BE IT FURTHER RESOLVED, that the Revised and Restated Gaining Ordinance
No. 92-01, includes all tribal gaming regulations pursuant to 25 C.F.R.
§552.2(d), and
BE IT FURTHER
RESOLVED THAT the Revised and Restated Coushatta Tribe of Louisiana
Gaining Ordinance No. 92-01 shall become effective on the date of final
approval by the highest authority required to approve amendments to
the Tribe's Gaming Ordinance;
THE ORIGINAL
COPY OF the Revised and Restated Coushatta Tribe of Louisiana Gaming
Ordinance No. 92-01 shall be attached hereto and shall be kept on file
at the Tribal Administrative Offices.
CERTIFICATION
This resolution
# 2003-54 was duly acted upon by the following Council
Members at a meeting held on December 4, 2003, with a
quorum present.
/s/
LOVELIN PONCHO, Chairman |
/s/
LEONARD BATTISE, Vice Chairman
|
/s/
HAROLD JOHN, Secretary - Treasurer |
/s/
WILLIAM WORFEL |
DAVID SICKEY |
REVISED
AND RESTATED COUSHATTA TRIBE OF LOUISIANA GAMING ORDINANCE NO. 92-01
- AMENDED NOVEMBER 24, 2003
1. Title. This Ordinance shall be known as the
Coushatta Tribe of Louisiana Gaming Ordinance. It is promulgated pursuant
to governmental authority of the Coushatta Tribe of Louisiana. This
Ordinance includes Tribal Gaming Regulations pursuant to 25 C.F.R. §
522.2 (d)
2. Purpose. The Coushatta Tribe of Louisiana (hereinafter
"Tribe"), is a federally recognized Indian Tribe with sovereign authority
to enact ordinances, and regulations and hereby amends this ordinance
setting forth the terms for Class II and Class III gaming operations
on tribal lands including lands acquired by the United States in trust
for the benefit of the Tribe after October 17, 1988 (a) if the Secretary
of the Interior ("Secretary") has determined such lands to be contiguous
to the Tribe's Reservation pursuant to the Indian Gaining Regulatory
Public Law 100-447, §20 (a) (1), 25 U.S.C. § 2719 (a) (1)
("IGRA"), or (b) if the Secretary has made the determination required
by §20 (b) (I) (A) of the IGRA, 25 U.S.C. § 2719 (b) (I) (A),
and the Governor of Louisiana has concurred in such determination.
3. Gaming Authorized. Class II and Class III gaming
defined in the Indian Gaming Regulatory Act, P. L. 100-477, 25 U.S.C.
52703 (7) (A) and 2703 (8) ("IGRA"), and by the regulations promulgated
by the National Indian Gaming Commission at 25 C.F.R. Section 502.3
(as published in the Federal Register at 57 FR 12382-12393, April 9,
1992 is hereby authorized.
4. Ownership and Regulation of Gaming. The Tribe
shall have the sole propriety interest in and responsibility for the
conduct of gaming operations. The Tribal Gaming Commission shall have
regulatory authority over gaming activities.
5. Use of Gaming Revenue.
(a) Net
gaming revenues shall be used as defined in 25 C.F.R. Section 502.16.
(b) If
the Tribe elects to make per capita payments to tribal members, it
shall authorize such payments only upon approval of a plan submitted
to the Secretary of the Interior under 25 U.S.C. Section 2710.
6. Audit.
(a) The
Tribe shall cause to be conducted annually an independent audit of
Gaming operations and shall submit the resulting audit reports to
the National Indian Gaming Commission.
(b) All
gaming related contracts that result in the purchase of supplies,
services, or concessions in excess of $50,000 annually, except contracts
for professional legal and accounting services, shall be specifically
included within the scope of the audit that is described in subsection
A. above.
7. Protection of the Environment, Public Health and Safety.
The Tribe shall ensure that Class II and Class Ill gaming facilities
shall be constructed, maintained and operated in a manner that adequately
protects the environment, public health and safety.
8. Gaming Commission. There is hereby created the
Coushatta Tribe of Louisiana Gaming Commission (hereinafter the "Commission".)
The Commission shall consist of no more than three (3) citizens of Louisiana,
excluding Tribal members who may or may not be, all of whom shall be
appointed by the Tribal Chairman with the authorization of the Council
of the Tribe. The Commission members may be members of the Coushatta
Tribe of Louisiana. The initial members to be appointed shall draw lots
to see who holds the two four-year terms and the one two-year term.
Thereafter, each member shall serve no more than two consecutive full
terms. The Tribal Chairman shall select a Chairperson, who shall preside
over the meeting of the Commission.
The Commission
members may be removed, upon substantive proof of wrong doing by majority
vote of the Council of the Tribe. Any member whose removal is sought
shall be entitled to be notified in writing at least five (5) days before
any vote shall be taken regarding that member's removal. Any person
so notified may request an informal hearing before the Council prior
to a vote on his or her removal from the Commission.
No monies
may be expended by the commission until a budget has been submitted
for review and approval by the Tribal Council. The Gaming Commission
shall provide a monthly report to the Tribal Council to include the
following:
(a) Actual
to Budget financial report of the Gaming Commission operation representing
the previous month and year to date financial performance.
(b) Prior
month operational activities of the gaming commission
8.1 Financial
Records and Audit. The Commission shall maintain accurate and
complete records of the financial affairs of the commission, and the
Chairman of the Commission shall cause an annual audit of the Commission's
financial affairs to be conducted by a certified public accountant in
accordance with generally accepted accounting principles, consistently
applied, and shall furnish an annual budget, an annual balance sheet,
and complete financial report of the commission to the tribal council
through the Tribal Chairman within three months of close of the Tribe's
fiscal year.
9. Gaming Commission Rule-Making Authority. The
Commission may propose rules for the orderly transaction of its duties
and substantive rules concerning the issuance, revocation, and suspension
of gaming licenses, and the conduct and operation of gaming activities
as necessary. The Commission may also propose rules necessary to conduct
investigations and inspections into the conduct of the games, licenses,
and the maintenance of gaming equipment. Proposed rules shall become
enforceable upon approval by the Council.
10. Gaming Commission Meetings. The Commission
may hold regular and special meetings at such times and places as it
may deem convenient, but at least one regular meeting shall be held
quarterly. A majority of the appointed members constitute a quorum of
the Commission, and any two members may call a special meeting.
10.1 Purposes
for Executive or Closed Meetings. The Commission may
hold executive or closed meetings for any of the following purposes,
after notifying the Tribal Council of the date, time, location and purpose
of the Executive or Closed Meeting:
(a) Considering
applications for licensing when discussing the background investigations
or personal information,
(b) Meeting
with gaming officials of other jurisdictions, the Attorney General
and law enforcement officials relating to possible criminal violations,
(c) Consulting
with the employees and agents of the Commission concerning possible
criminal violations;
(d) Deliberations
after hearing evidence on an informal consultation of a contested
case necessary to reach a decision; and
(e) Discussing
business or pricing strategies of a licensee or an applicant for a
license for the purpose of overseeing and defining gaming contracts.
11. Commission Powers.
(a) Issue
licenses, oversee and insure licensees contract compliance with the
Tribal-State Gaming Compact;
(b) Inspect
and examine all premises where gaming is conducted or gaming devises
or equipment are sold or distributed to insure compliance with the
Tribal-State Gaining Compact;
(c) Inspect,
examine, and photocopy all papers, books, and records of applicants
and licensees and require verification of income, and compliance with
all provisions of this Ordinance;
(d) Contract
for professional services or legal counsel to advise it; upon prior
approval of the Tribal Council;
(e) Suspend
or revoke any gaming license for violation of the Tribal-State Gaming
Compact or this Ordinance; and
(f) Require
all primary management personnel and key employees of all management
personnel to undergo investigations when there are any reported violations
of the Tribal-State Compact;
(g) Enforce
preferential treatment to Native Americans, then persons domiciled
in the State of Louisiana, as per the provisions of the Tribal-State
Compact.
12. Appeal of Commission Actions. Written notice
of commission action shall be mailed on the same day the decision is
issued by the Commissioners. Any final decision of the Commission is
subject to appeal to Coushatta Tribal Court. To appeal a final decision
of the Commission a Notice of Appeal must be filed in writing, with
the Commission and Clerk of Court, within ten (10) working days from
the date on the written notice of final decision. Failure to timely
file an appeal shall render the Commission's decision final for all
purposes.
13. Disclosure Required. A disclosure of total
ownership document(s) shall be required to accompany all applications
for licenses.
14. Approval of Licenses. The Commission may approve
or disapprove any application for license, depending upon whether it
deems the applicant a suitable person to hold the license and whether
it considers the proposed location suitable. Among other things, failure
of the applicant to provide information necessary to allow consideration
into his background is ground for denial of the license.
15. Conflict of Interest. No officer, agent, or
employee of the Commission may hold a license under this Ordinance if
the duties of such office, agency, or employment have to do with the
enforcement of the gaming laws and rules. This prohibition applies to
the Commission, all of its employees and all law enforcement officials
and officers, except:
(a) Member
of the Gaming Commission's Investigation Department and Commissioners
may be commissioned by a law enforcement agency, to be determined
by the Coushatta Tribe of Louisiana.
(b) No
licensee may employ any person in any capacity while that person is
in the employment of the Commission or a law enforcement agency having
authority to enforce the gaming laws and rules.
16. Application Fee. The Commission may establish
an application fee which, shall include the cost of investigation. The
fee may vary with the type of license for which application is made
and is nonrefundable. The application form will be promulgated by the
Commission and shall include a waiver of any right of confidentiality
and shall allow access to law enforcement records of any state. The
waiver of confidentiality shall extend to any financial or personnel
record wherever maintained.
17. Reimbursement to Commission for Investigation.
Any applicant for a license shall reimburse the Commission for any costs
of investigation over and above the initial licensure fee charged at
the time of application to determine if he/she is a suitable licensee.
By signing and filing an application for a license, the applicant authorizes
the Commission to obtain information from other states regarding prior
license applications or conduct of the applicant of any of its shareholders,
partners, agents, or employees in those states. The National Indian
Gaming Commission shall be notified of the results of all such applicable
investigations.
18. Licensee for Key Employees and Primary Management Officials.
The Commission shall ensure that the policies and procedures set out
in this section are implemented with respect to key employees and primary
management officials employed at any Class II or Class III gaming enterprise
operated on Indian Lands.
A. Definitions
- for the purposes of this section, the following definitions apply:
1.
Key employee means:
a.
A person who performs one or more of the following functions:
(1)
Bingo caller
(2) Counting room supervisor
(3) Chief of Security
(4) Custodian or gaming supplies or cash
(5) Floor manager
(6) Pit Boss
(7) Dealer
(8) Croupier
(9) Approver of credit
(10) Custodian of gambling devices including persons with access
to cash and accounting records within such devices; or;
b.
If not otherwise included, any other person whose total cash compensation
is in excess of $50,000 per year; or
c.
If not otherwise included, the four most highly compensated persons
in the gaming operation.
2.
Primary management official means:
a.
The person having management responsibility for a management contract,
b.
Any person who has authority:
(1)
To hire and fire employee(s); or
(2)
To set up working policy for the gaming operation; or
c.
The Chief Financial Officer or other person who has financial
management responsibility.
B. Application
Forms
1.
The following notice shall be placed on this application form for
a key employee or a primary management official before that form
is filled out by an applicant:
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 gaining operation. National Indian Gaming Commission members and
staff who have need for the information in the performance of their
official duties will use the information. 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 gaining operation. Failure
to consent to the disclosures indicated in this notice will result
in a tribe's 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.
Existing key employees and primary management official shall be
notified in writing that they shall either:
a.
Complete a new application that contains a Privacy Act notice;
or
b.
Sign a statement that contains the Privacy Act notice and consent
to the routine uses described in that notice.
3.
The following notice shall be placed on the application form for
a Key employee or a primary official before that form is filled
out by an applicant:
A false
statement 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 (U.S. Code, Title 18, Section
1001).
4.
The commission shall notify in writing existing key employees and
Primary management officials that they shall either:
a.
Complete a new application form that contains a notice regarding
false statements.
b.
Sign a statement that contains the notice regarding false statements.
C. Background
Investigations
1.
The Commission shall request from each primary management official
and from each key employee all of the following information:
a.
Full name other names used (oral or written), social security
number, birth date, place of birth, citizenship, all languages
(spoken or written);
b.
Currently and for the minimum of previous 10 years; business and
employment positions held, ownership interests in those businesses,
business and residence addresses and drivers license number,
c.
The names and current addresses of at least three (3) personal
references, including one personal reference who was acquainted
with the applicant during each period of residence listed under
paragraph (1) (b) of this section;
d.
Current business and residence telephone numbers;
e.
A description of any existing and previous business relationships
with Indian Tribes, including ownership interests in those businesses;
f.
A description of any existing or previous business relationships
with the gaming industry generally, including ownership interests
in those businesses;
g.
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 gaining, whether or not such license or permit was
granted;
h.
For each felony for which there is an ongoing prosecution or each
conviction, the charge, the name and address of the court involved,
and the date and disposition if any;
i.
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(s) involved,
the date of the court(s) and the disposition of the same;
j.
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
pursuant to paragraph (1) (h) or (1) (j) of this section, the
criminal charge(s), the name and address of the court(s) involved
and the date and disposition of the same;
k.
The name and address of any licensing 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;
l.
A current photograph;
m.
Any other information the State/Commission deems relevant; and
n.
Fingerprints consistent with procedures adopted by the Tribe according
to 25 C.F.R. Section 522 (2) (h), will be taken by the appropriate
entity.
2.
The Coushatta Tribe of Louisiana through the Commission as set forth
herein shall be solely responsible for the conduct of the background
investigations and the determination of suitability. The Commission
shall conduct a sufficient investigation to make a determination
under subsection D below. In conducting a background investigation,
the Commission shall promise to keep confidential the identity of
each person interviewed in the course of the investigation.
D. Eligibility
Determination The Commission shall review a person 5 credit history,
and reputation, habits and associations to make a finding concerning
the eligibility of a key employee or primary management official for
employment in a gaming operation. If the Commission determines that
employment of the person poses a threat tot the public interest or
to the effective regulation or gaming, or creates or enhances dangers
of unsuitable, unfair, or illegal practices and methods and activities
in the conduct of gaming, a tribal gaming operation(s) shall not employ
that person in a key employee or primary management official position.
E. Procedures
for Forwarding Applications and Reports for Key Employees and Primary
Management Officials to the National Indian Gaining Commission:
The Commission
shall forward to the National Indian Gaming Commission a background
investigation report for key employees and primary management officials
working at a gaming operation.
F. Report
to the National Indian Gaming Commission:
1.
Pursuant to the procedures set out in subsection E of this section,
the Commission shall prepare and forward to the National Gaining
Commission an investigation report on each background investigation.
An investigation report shall include all of the following:
a.
Steps taken in conducting a background investigation;
b.
Results obtained;
c.
Conclusions reached; and
d.
The basis for those conclusions.
2.
The Commission shall submit, with the report, a copy of the eligibility
determination made under subsection (D).
3.
If a license is not issued to an applicant, the Commission:
a.
Shall notify the National Indian Gaining Commission, and
b.
May forward copies of its eligibility determination and investigation
report (if any) to the National Indian Gaming Commission for inclusion
in the National Gaming Individuals Record System.
4.
With respect to key employees and primary management officials.
The Commission shall retain applications for employment and reports
(if any) of background investigations for inspection by the Chairman
of the National Indian Gaining Commission or his or her designee
for not less than five (5) years from the date of termination of
employment.
G. Granting
a Gaming License:
1.
If within a thirty (30) day period after the National Indian Gaming
Commission receives a report, the National Indian Gaming Commission
notifies the Commission that it has no objection to the issuance
of a license pursuant to a license application filed by a key employee
or a primary management official for whom the Commission has provided
an application and investigative report to the National Indian Gaming
Commission, the Commission may issue a license to such applicant.
2.
The Commission shall respond to a request for additional information
from the Chairman of the National Indian Gaming Commission concerning
a key employee or a primary management official who is the subject
of a report. Such a request shall suspend the 30-day period under
paragraph 6.1 of this section until the Chairman of the National
Indian Gaming Commission receives the additional information.
3.
If, within the thirty (30) day period described above, the National
Indian Gaming Commission provides the Commission with a statement
itemizing objections to the issuance of a license to a key employee
or to a primary management official for whom the Commission has
provided an application and investigative report to the National
Indian Gaming Commission, the Commission shall reconsider the application,
taking into account the objections itemized by the National Indian
Gaming Commission. The Commission shall make the final decision
whether to issue a license to such applicant.
H. License
Suspension:
1.
If, after the issuance of a gaming license, the National Indian
Gaming Commission receives reliable information indicating that
at key employee or a primary management official is not eligible
for employment under Subsection D above, the Commission shall suspend
such license and shall notify in writing the licensee of the suspension
and the proposed revocation.
2.
The Commission shall notify the licensee of a time and a place for
a hearing on the proposed revocation of a license.
3.
After a revocation hearing, the Commission shall make a determination
to revoke or to reinstate a gaming license. The Commission shall
notify the National Indian Gaming Commission of its decision.
19. License Locations. The Commission shall issue
a separate license to each place, facility, or location on Indian lands
where Class II and Class III gaming is conducted.
20. Age Limit for Players. Any participant in any
Class III authorized games of chance shall be twenty-one (21) or older
at the time of his/her participation. Age limit may be changed if the
State of Louisiana reduces its age limit.
21. Exemption from 15 U.S.D. Section 1171. Pursuant
to Section 2 of an Act of Congress of the United States entitled "An
Act to prohibit transportation of Gambling devices in interstate and
foreign commerce", approved January 2, 1951, designated 15 U.S.C. Sections
1171 to 1177, inclusive, and in effect January 1, 1989, the Tribe, acting
by and through its elected members, does Hereby, and in accordance with
an in compliance with the provisions of Section 2 of the Act of Congress,
declare and proclaim that it is exempt from the provisions of Section
2 of that Act of Congress of the United States as above mentioned, as
regards gaming devices operated and used within the Reservation. This
exemption shall be effective upon the execution of a Tribal-State Compact
for gaming pursuant to the Indian Gaming Regulatory Act.
22. Exemption from 15 U.S.C. Sections 1171 to 1177.
All shipments of gaming devises, onto this reservation, the registering,
recording and labeling of which has been duly made by the manufacturer
or the dealer thereof in accordance with Sections 3 and 4 of an Act
of Congress of the United States entitled, "An Act to prohibit transportation
of gambling devices in interstate and foreign commerce, approved January
2, 1951, designated as 15 U.S.C. Sections 1171 to 1177, inclusive, and
in effect on January 1, 1989, shall be deemed legal shipments thereof,
for use only within the Reservation. (This section shall take effect
upon the execution and approval of a Tribal-State Compact pursuant to
25 U.S.C. Section 1171 to 1177, et. seq.) This exemption shall be effective
upon the execution of a Tribal-State Compact for gaming pursuant to
the Indian Gaming Regulatory Act.
23. Illegal Games and Activities. It is unlawful for any
person playing or conducting any authorized game of chance, conducted
by a licensee to:
a. Use
bogus or counterfeit chips, tokens, devices or coins;
b. Employ
or have on one's person any cheating device to facilitate cheating
in any game of chance
c. Use
a fraudulent scheme or technique; or
d. Have
located on the premises, equipment for gaming that is not licensed
by the Commission under this Ordinance, except equipment exempted
by the Commission, this Ordinance or other statutes.
24. Records of Commission. Information and records
of the Commission are confidential and may not be disclosed except pursuant
to a court order. No person may use a subpoena, discovery or other applicable
statutes to obtain such information or records. Information and records
considered confidential include but not limited to:
a. Tax
returns of individual licensees;
b. Application,
credit, medical and security reports of applicants for Licenses and
other persons seeking or doing business with the Commission;
c. Marketing,
financial or sale data, the disclosure of which may be Harmful to
the competitive position of the Tribe, Tribal Gaming Commission, its
licensees or persons seeking or doing business with the Commission;
and
d. Audit
work papers, worksheets and auditing procedures used by the Commission,
its agents or employees.
25. Communications Between Commission and Council.
Communications between the Commission and the Council relating to licensing,
disciplining of licensees, or violations by licensees, are privileged
and confidential if made lawfully and in the course of and in the furtherance
of the business of the Commission on Gaming, except pursuant to court
order and after in camera review. The Council, the Commission or any
member of the Commission may claim this privilege.
25.1 Inspectors.
The Coushatta Gaming Commission shall employ qualified inspectors or
agents under the authority of the Coushatta Gaming Commission. Said
inspectors shall be independent of the Tribal Gaming operation, and
shall be supervised and accountable only to the Coushatta Gaming Commission
and Tribal Council. Their primary mission is to observe and report while
safeguarding the assets of the Coushatta Tribe.
25.2 Reporting
Violations. A Gaining Commission inspector shall be present
m the Casino during all hours of gaming operation, and shall have immediate
access to any and all areas of the Class Ill gaming operation for the
purpose of ensuring compliance with the provisions of the Gaming Compact
and Tribal Gaming Ordinances. Any violation(s) of the provisions of
the Gaming Compact or of Tribal Gaming Ordinances, by a management contractor,
casino management, a gaming employee, or any person on the Casino premises
whether or not associated with the Tribal Gaming operation shall be
reported immediately to the Gaming Commission. All violations shall
be reported to casino management within a reasonable time. Violations
of a serious nature shall be reported immediately to casino management.
26. Exclusion or Election of Certain Persons from Gaming Establishment.
The Tribe hereby declares that the exclusion or ejection of certain
persons from licensed gaming establishment is necessary to carry out
the policies of this Ordinance and to maintain effectively the strict
regulation of licensed gaming.
The Commission
may provide for the establishment of a list of persons who are to be
excluded or ejected from any licensed gaming establishment, including
any person whose presence in the establishment is determined to pose
a threat to the interest of the Tribe, the State or to licensed gaming
facility(s). In making the determination for exclusion, the Commission
may consider, but is not limited to any of the following:
a. Prior
conviction of a felony, a misdemeanor involving moral Turpitude or
a violation of the gaming laws of any state, the United States, any
of its possessions or territories including Indian Tribes;
b. A
violation, attempt to violate or conspiracy to violate the provisions
of this chapter relating to failure to disclose an interest in a gaming
establishment for which the person must obtain a license or make disclosures
to the Commission, or intentional evasion of fees or taxes; and
c. Notorious
or unsavory reputation that would adversely affect public confidence
and trust that the gaming industry is free from criminal or corruptive
influences.
27. Revision. This ordinance may be revised by
Tribal Council certification by quorum and subsequent approval by the
National Indian Gaming Commission.
28. Compliance with Tribal-State Compact. The Tribe shall
adopt regulations and take all actions necessary to ensure that the
Class III gaming conducted on lands of the Tribe complies in all respects
with the Tribal-State Compact for the Conduct of Class III gaming between
the Coushatta Tribe of Louisiana and the State of Louisiana. The Tribal
Gaming Commission shall maintain reasonable procedures for the disposition
of patron disputes arising from the refusal to award an alleged prize
or pay an alleged winning to a patron.
The Tribal
Gaming Commission shall maintain reasonable procedures for the Notification
of shipment or receiving of gaming equipment.
29. Service of Process. The Coushatta Tribal Chairman
shall be designated as agent for service of process, and as official
recipient of a written communication reflecting the gaming activities
of the Tribe. The Coushatta Tribal Chairman's address is: P.O. Box 818,
1940 CC Bel Road, Elton, Louisiana 70532-0818.
30. Repeal. To the extent that they are inconsistent
with this ordinance, all prior gaining ordinances are hereby repealed.
CERTIFICATE
I HEREBY
CERTIFY that the above and foregoing is a true and correct copy of the
Coushatta Gaming Ordinance as amended this 4th day of
December, 2003.
/s/
LOVELIN PONCHO
TRIBAL CHAIRMAN |
ATTEST:
/s/
LEONARD BATTISE
VICE-CHAIRMAN |
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