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ORDINANCE
NUMBER 88-01
DATE ADOPTED 5/21/88
SUBJECT Gaming Ordinance
DATE AMENDED _____________________________
AMENDED PER RESOLUTION NUMBER
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CONFEDERATED TRIBES OF SILETZ INDIANS OF OREGON
GAMING ORDINANCE
SECTION 1: POLICY
A. The
Confederated Tribes of Siletz Indians of Oregon establishes this ordinance
to regulate gaming activities on its Reservation. The Tribe shall
allow operation of gaming for recreation, profit and, to the extent
practical, to provide employment to Siletz tribal members. Unless
otherwise provided by tribal resolution, all gaming activities shall
be operated by the Siletz Tribal Economic Development Commission (STEDCO).
B. Revenues
from gaming activities shall be the property of STEDCO, except as
provided in the STEDCO charter. Revenues from gaming paid by STEDCO
to the Tribal Council shall be utilized to fund programs of tribal
government. First priority for gaming funds shall be social welfare
and cultural preservation programs. Distribution of revenues shall
be pursuant to the Budget Ordinance established by the Tribal Council.
SECTION 2: GAMING DEFINED
Gaming
activities or gaming include all games of chance in which participants
risk money or items of value for the opportunity to win prizes, including
cash, and in which all the value paid by participants is not distributed
as prizes.
SECTION 3: GAMES AUTHORIZED
STEDCO
is authorized to operate a Bingo game and to sell pull-tabs. It also
is authorized to engage in any other gaming activity not prohibited
by the State of Oregon.
SECTION 4: BINGO
A. STEDCO
shall select easily identifiable cards for use at all Bingo Games
and no player shall be allowed to participate in any game without
first purchasing an authorized card from the personnel operating the
game.
B. The
amount or specific nature of each prize and the cost of each card
to play the game for which the prize is designated shall be clearly
indicated to the participants prior to the commencement of any game.
C. Each
participant in the game shall be given a copy of all appropriate rules
and regulations promulgated by the Tribal Council or STEDCO, and rules
and regulations will be posted in plain view of all participants in
the game prior to its commencement.
D. All
persons assisting in the operation of the Bingo Game shall wear distinctive
clothing with name tags designating them as officials.
SECTION 5: AGE RESTRICTIONS
No person
under the age of eighteen (18) shall be allowed to participate in gaming
activities. No person under the age of sixteen (16) shall be allowed
into the facility where gaming activities take place. Persons of the
ages 16 and 17 shall be allowed in the facility only if employed by
STEDCO to assist in the operation of the game. STEDCO is authorized
to establish a family night at which no age restrictions shall apply.
SECTION 6: JURISDICTION AND LAW ENFORCEMENT
A. All
individuals attending a Siletz gaming activity shall be deemed to
have submitted themselves to the civil authority of the Siletz Tribe.
Any individual cheating, stealing, disturbing the peace, disrupting
the game, damaging or destroying the property of others, using intoxicating
beverages, other intoxicants or controlled substances, committing
or threatening to commit bodily harm to another or committing a violation
of any other provision of tribal law or any rules or regulations established
to regulate the gaming activity shall be subject to the penalties
and procedures set forth herein.
B. All
individuals committing a violation referred to in subsection A shall
be subject to the inherent power of exclusion of the Siletz Tribe
and may be required to leave the boundaries of the Tribe's reservation
immediately.
C. Any
individual found to have committed a violation referred to in subsection
A, after a hearing before the Siletz Tribal Court under appropriate
standards of due process, shall be subject to a civil penalty not
to exceed Five Thousand Dollars ($5,000.00) for any single offense.
D. Any
individual allegedly committing a violation of subsection A, shall
forfeit any prizes, cash or otherwise, won during the course of the
activity at which the violation is alleged to have taken place and
such prize or winning shall be returned to such individual only upon
order of the Tribal Court following a hearing and after all civil
penalties imposed by the Court are satisfied.
E. Except
as set forth herein, hearings shall be conducted pursuant to the Tribe's
Appellate Procedures Ordinance, Sections 13 - 15 and 17 - 21 and those
other sections deemed appropriate by the Chief Judge. A representative
of STEDCO, who may be an attorney, shall present a petition against
the person alleged to have violated the law or regulations. All parties
may be represented by counsel, at their own expense, and may call
witnesses and present evidence at the hearing. The hearing shall be
conducted before the Chief Judge or his designated alternate.
CERTIFICATION
The foregoing
ordinance was approved by the Siletz Tribal Council at a Regular Council
meeting held on May 21, 1988, at which a quorum was present and the
ordinance was approved by a vote of 8 FOR, 0 AGAINST,
0 ABSTAINING.
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SILETZ
TRIBAL COUNCIL
By /s/
Delores Pigsley
Tribal Chairman
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ATTEST: |
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/s/
Bonnie M. Petersen
Tribal Council Secretary |
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/s/
Nelson Witt
B.I.A. Superintendent |
Gaming
Ordinance, Number 88-01
Approved May 21, 1988, Resolution #88-116
RESOLUTION NO. 88-116
DATE APPROVED 05/21/88
SUBJECT_Gaming Ordinance
RESOLUTION
WHEREAS,
the Siletz Tribal Council is empowered to act on behalf of the Confederated
Tribes of Siletz Indians of Oregon pursuant to Article IV, Section 1
of the Tribe's Constitution approved June 13, 1979 by the Acting Deputy
Commissioner of Indian Affairs; and
WHEREAS,
there is a need for a Gaming Ordinance for the Confederated Tribes of
Siletz Indians; and
WHEREAS,
the Siletz Tribal Council has had a Gaming Ordinance drafted; and
WHEREAS,
the first reading was held on 3/19/88, and the proposed ordinance was
published in the tribal newsletter for comments; and
WHEREAS,
no comments were received; now
THEREFORE
BE IT RESOLVED that the Siletz Tribal Council hereby approves the Gaming
Ordinance and waives the second reading of the Ordinance.
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SILETZ
TRIBAL COUNCIL
By /s/
Delores Pigsley
Tribal Chairman
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CERTIFICATION
This Resolution
was adopted at a Regular Council meeting held on 05/21/88 at
which a quorum was present, and the Resolution was adopted by a vote
of 8 FOR, 0 AGAINST, and 0 ABSTAINING, the Chairman
or Vice-Chairman being authorized to sign the Resolution.
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SILETZ
TRIBAL COUNCIL
By /s/
Bonnie M. Petersen
Tribal Council Secretary
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DATE: 4/17/93
PLACE: Siletz
#12
CONFEDERATED TRIBES OF SILETZ
SILETZ, OREGON
Regular
COUNCIL MEETING
MEMORANDUM OF RECOMMENDATION
TO: TRIBAL
COUNCIL
FROM: Mike
Darcy
SUBJECT:
Gaming Ordinance
I MOVE:
To approve to accept Gaming Ordinance revisions.
SECONDED
BY: Mary Fisher
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Council
Members
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Vote
Cast
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Council
Members
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Vote
Cast
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AB
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YES
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NO
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AB
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YES
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NO
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| Delores
Pigsley |
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X
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Bensell
Breon |
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X
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| Dolly
Fisher |
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X
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Gladys
Staggs |
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X
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| Mike
Darcy |
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X
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Jane
John |
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X
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| Jessie
Davis |
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X
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Rosemary
Landis |
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X
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| Lillie
Bulter |
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|
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|
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COUNCIL
ACTIONS:
FOR 8
AGAINST 0 ABSTAINING 0
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Delores Pigsley, Tribal Chairman
CERTIFICATION
/s/
Mary Fisher, Council Secretary
Date
Enacted: 4/17/93
Implementation
Date: 4/17/93
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[Digitizer's
Note: Correspondence follows this council meeting memo; the correspondence
is not included in this digital copy. Resolution 93-114 follows the
correspondence; the copy of this resolution, though, is illegible due
to poor copy reproduction, and it is not included here.]
Gaming
Ordinance
Siletz Tribal Code § 6.01
[Digitizer's Note: Page 1 is missing. This digital copy begins with
page 2.]
(e)
"Gaming Enterprise" shall mean any gaming operation
owned and operated by the Tribe on tribal trust land for the conduct
of games of chance as its primary activity.
(f)
"Management Officials" shall mean any persons who have a direct financial
interest in, or management responsibility for, a Gaming Enterprise,
and in the case of a corporation shall include those individuals who
serve on the Board of Directors or such corporation and each of its
stockholders who hold (directly or indirectly) ten (10) percent or
more of its issued and outstanding stock.
(g)
"Key Employee" shall mean any person who is employed at a gaming enterprise,
either by the Tribe or by another entity, with responsibility for
the manage mentor supervision of the conduct of gaming activities;
the handling or safekeeping of money or financial records; the making
of decisions as to the hiring, retention, and promotion of personnel;
the maintenance or inventory of gaming supplies, equipment or apparatus;
or the maintenance of the security of the gaming premises, including,
but not limited to the following specific positions (or positions
involving functions similar to those performed by): a General Manager,
Program Director, Money Room Supervisor, Bingo Operations Manager,
Comptroller, Personnel Manager, or such other positions that may be
designated from time to time by the Tribal Gaming Agency and approved
by Resolution of the Tribal Council.
(h)
"Parties in Interest" shall mean any person or entity (including individuals
comprising such entity) having a direct financial interest in, or
responsibility for, the management of the gaming enterprise, including
investors, lenders, general and limited partners, corporate officers
and directors, all stockholders who hold(directly or indirectly) at
least ten (10) percent of the stock of any corporation which is a
party to a gaming contract with the Tribe, all key employees who have
day to day management responsibility for the gaming enterprise, and
any person or entity holding a direct or indirect financial interest
in a lease or purchase agreement for the leasing or purchase of gaming
equipment.
(i)
"Player" shall mean any natural person paying some amount of United
States currency for admission to, or participation in, gaming activities
conducted by a Gaming Enterprise. A player shall also include a natural
person who gives something of value other than United States
currency for admission to, or participation in, such gaming activities.
(j)
"Contract, subcontract or agreement" shall mean any arrangement
whereby any person or entity is providing management skills, technical
assistance or management advice or expertise to the tribe or tribal
enterprise for a gaming operation, or any portion of such an operation.
The term shall also include any agreement which provides any right
or authority to approve, disapprove or have any other control over
gaming operations or management decisions affecting such operations,
including any employment contract employing any person to manage or
otherwise direct a gaming operation.
§6.22 Games Authorized
The Tribe
is authorized to conduct, through a Gaming Enterprise, any games of
chance which are authorized by law. The rules of each game conducted
by a Gaming Enterprise shall be established by regulation adopted by
the Gaming Agency.
Under no conditions shall any games be operated on tribal land which
are owned and operated by any person or entity other than the Tribe.
The conditions
and rules under which each game of chance shall be played shall be prescribed
by regulation adopted by the Tribal Gaming Agency and approved by the
Tribal Council.
§6.23 Licenses
The following
licensing and regulatory provisions shall apply to any gaming enterprise
located on lands under the jurisdiction of the Confederated Tribes of
Siletz Indians of Oregon:
(a)
Licenses - Required. A tribal gaming license shall be required
in the following situations:
(1)
A separate license issued by the Tribe shall be required for each
gaming enterprise at which Class II or Class III gaming as defined
by the Indian Gaming Regulatory Act is operated. A gaming enterprise
shall be considered separate for purposes of requiring an individual
license under this section if it is not operated at the same place,
facility or location as an already licensed facility.
(2)
All Management officials, key employees, and parties in interest
as defined by this Ordinance shall have a current license to perform
their functions, issued by the Tribal Gaming Agency.
(b)
Licenses - Procedure for Issuance. The licensing procedure
of the Tribal Gaming Agency shall be as follows:
(1)
The Tribal Gaming Agency may grant a license to a gaming enterprise
to operate if the following conditions are met:
(A)
Each gaming enterprise must possess a separate license;
(B)
The Tribe must have sole proprietary interest in the enterprise,
provided, that the management function for a gaming enterprise
may be contracted by the Tribe to another person or entity if
such contract is approved according to relevant federal regulations;
(C)
Systems to ensure that adequate accounting procedures will be
maintained and verifiable financial reports will be made available
to the Tribal Gaming Agency and Tribal Council are in place;
(D)
The enterprise is constructed, maintained and operated in a manner
that adequately protects the environment and the public health
and safety;
(E)
Independent audits of gaming operations on an annual basis by
auditors selected by the Tribal Council shall be provided for;
(F)
Access by the Tribal Council and its authorized representatives
to the daily operations of the gaming and the right to verify
the daily gross revenues and income received from gaming operations
shall be provided for;
(G)
For gaming enterprises which have a management contract associated
with them, such contracts shall contain the requirements mandated
by the Indian Gaming Regulatory Act, 25 USC §2711; and
(H)
Each license granted under this Section shall be conditioned upon
the licensee's compliance with the provisions of this Ordinance.
(2)
Licenses - Management Licenses.
(A)
All entities which propose to enter into a contract, subcontract
or agreement as defined by this Ordinance with the Siletz Tribe
shall submit an application to the Tribal Gaming Agency, in writing
and on a form drafted by the Tribal Gaming Agency and approved
by the Tribal Council. A complete business plan shall be submitted
with all applications.
(B)
The application shall contain the following information:
(i)
the name, address, and other additional pertinent background
information on each person or entity (including individuals
comprising such entity) having a direct financial interest in,
or management responsibility for, such contract, and, in the
case of a corporation, those individuals who serve on the board
of directors of such corporation and each of its stockholders
who hold (directly or indirectly) 10 percent or more of its
issued and outstanding stock;
(ii)
a description of any previous experience that each person listed
pursuant to subparagraph (i) has had with other gaming contracts
with Indian tribes or with the gaming industry generally, including
specifically the name and address of any licensing or regulatory
agency with which such person has had a contract relating to
gaming;
(iii)
a complete financial statement of each person listed pursuant
to subparagraph (i);
(iv)
such other information as may be required by the Tribal Gaming
Agency from time to time, as set forth in regulations approved
by the Tribal Council; and
(v)
the past criminal record, if any, of all persons financially
or otherwise interested in or employed by the contractor or
subcontractor shall be shown.
(C)
All applications, including those for renewal, shall be submitted
under oath. An original application shall be accompanied by a
nonrefundable processing fee of $5000.00.
(D)
The Tribal Gaming Agency shall issue a license only after due
consideration of a fully completed application, and such license
shall not become effective until approved by the Tribal Council.
(E)
An existing management license issued pursuant to the terms of
this Section shall be renewed on an annual basis under the following
terms and conditions:
(i)
an application for renewal shall be completed and submitted
to the Tribal Gaming Agency at least ninety (90) days before
the expiration of an existing license. Such application shall
be submitted on the form created for initial license applications
or such other form as may be developed by the Tribal Gaming
Agency and approved by the Tribal Council from time to time;
(ii)
an application renewal fee of $5000.00 shall accompany said
application;
(F)
If an application for renewal is not filed within the specified
time frame, the application renewal fee is not paid, or the application
is not approved by the Tribal Gaming Agency and the Tribal Council,
the Contractor or subcontractor shall not conduct or manage any
gaming operation after the expiration date of the previous license.
Violation of this section shall subject the violator to the penalties
set out in this Ordinance.
(G)
An application for renewal may be denied for cause by the Tribal
Gaming Agency or the Tribal Council. Reasons for denial of an
application for renewal of a management license shall be set forth
in writing within sixty (60) days of receipt of said application,
provided, that an application for renewal may be denied
at any time after information sufficient to support such denial
is obtained from the National Indian Gaming Commission or the
Department of the Interior.
(H)
Upon the issuance of a management license, either an original
or a renewal license, to manage or operate a gaming enterprise,
the operator or manager shall pay an annual license fee to the
Confederated Tribes of Siletz Indians of Oregon, to be paid no
later than the effective date of the license. The license fee
shall be based on the total number of employees employed at the
gaming enterprise. The license fee assessment shall be calculated
as follows:
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Number
of Employees
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Annual
Fee
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1
- 49 employees
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$5,000.00
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50
- 99 employees
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$25,000.00
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100
- 149 employees
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$50,000.00
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150+
employees
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$75,000.00
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If
said license fee assessment is not paid to the Tribe in timely
fashion, the license shall not be issued and the operator and
manager shall be assessed a penalty, as liquidated or compensatory
damages, of $500.00 per game for each and every game conducted
or the total gross profit for each night of gaming enterprise
operation, whichever is greater, until the license fee assessment
is paid. If the operator or manager held a previous license, the
penalty shall be assessed from the expiration of the previous
license until the license fee is paid.
(I)
No management contract or license may be sold, transferred or
assigned by the licensee or by operation of law to any other person,
persons or legal entity, and any such sale, transfer, or assignment,
or attempted sale, transfer or assignment shall be deemed a voluntary
surrender of the license or contract, which contract or license
shall thereupon be terminated and void; provided, that
if the management license is held by a partnership or corporation
and one or more of the partners or shareholders dies, or chooses
to divest him or herself of his or her entire interest in said
management license, the remaining partners or shareholders may
acquire the interest of such partner or shareholder without effecting
a surrender or termination of the license. No new partners or
shareholders are permitted to acquire any interest in the management
license upon the death of, or sale by, any existing partner or
shareholder. A license issued to an individual shall terminate
with death of the individual. A licensee may not incorporate after
approval of the license. Any such incorporation, or attempted
incorporation, shall be deemed a voluntary surrender of such license,
and the license shall thereupon be terminated.
(3)
Licenses - Management Officials, Key Employees and Parties in Interest.
(A)
A tribal license shall be required for each management official,
key employee or party in interest of each gaming enterprise owned
and operated by the Tribe.
(B)
Each person who wishes to become a management official, key employee
or party in interest as defined by this Ordinance shall submit
an application for a license to the Tribal Gaming Agency on an
application form drafted by the Tribal Gaming Agency and approved
by the Tribal Council.
(C)
The Tribal Gaming Agency shall develop regulations which describe
in detail the procedure to be followed in processing applications
for management officials, key employees and parties in interest,
including the background information to be provided to the Tribe
by applicants and the procedure for conducting a background investigation
of each applicant. Said regulations shall be approved by the Tribal
Council and shall be furnished to the National Indian Gaming Commission
upon such approval, and after any amendment to said regulations.
Said regulations shall include a provision that the Tribe or its
agents, in conducting a background investigation, shall promise
to keep confidential the identity of each person interviewed in
the course of the investigation.
Where an investigative report on a management official, key employee
or party in interest already exists and has already been forwarded
to the National Indian Gaming Commission or the Department of
the Interior, the existing report may be updated rather than performing
an entirely new investigation.
(D)
The regulations adopted to process applications for management
officials, key employees and parties in interest shall include
the agency, either tribal, private or state, with which the Tribe
has contracted to perform background investigations of said applicants.
Said regulations shall set out a payment schedule for a processing
fee for applicants to cover the cost of said background investigation.
Such payment schedule shall not apply to any person who is acting
in an official tribal capacity or is a tribal employee. Said fees
shall be waived for such persons. The Tribe shall cover the processing
costs for such persons from its own funds. Provided, that
if for any reason said fees must be paid by the person, the Tribe
shall be responsible for paying such fees from its own funds.
(E)
Each applicant under this section shall be required to submit
a set of fingerprints to the Tribe, using form FD-258, Applicant
Fingerprint Card. The completed card and the results of the background
investigation shall be forwarded to the Division of Law Enforcement
Services of the Bureau of Indian Affairs in Washington, D.C.,
and to the National Indian Gaming Commission.
(F)
The Tribal Gaming Agency shall not grant a license to or employ
(or permit a management contractor to employ) a management official,
key employee or party in interest if, after applying the standards
set out in this Ordinance and regulations adopted pursuant thereto,
the Agency determines that employment of a person under investigation
poses a threat to the public interest or to the effective regulation
of gaming, or creates or enhances the dangers or unsuitable, unfair,
or illegal practices and methods and activities in the conduct
of gaming.
(G)
The Tribal Gaming Agency shall promptly notify the Area Director,
Bureau of Indian Affairs, and the National Indian Gaming Commission
of the issuance of a tribal gaming license to a management official,
key employee, or party in interest.
(4)
Timing of Employment - License Suspension.
(A)
The Tribal Gaming Agency may approve employment of a management
official, key employee or party in interest before the results
of a background investigation have been completed and before the
National Indian Gaming Commission or Department of the Interior,
as the case may be, have cleared such individual, under the following
circumstances:
(i)
A completed application containing the information required
by tribal regulations shall have been submitted to the Tribal
Gaming Agency. The Agency shall immediately forward such application
to the Commission and to the Portland Area Office of the Bureau
of Indian Affairs;
(ii)
The Tribal Gaming Agency shall immediately commence a background
investigation to determine the eligibility of the employee for
continued employment in the gaming enterprise.
(iii)
Upon completion of the background investigation and after making
a determination of eligibility for employment in the gaming
enterprise, the Tribal Gaming Agency shall forward a copy of
the background investigation report to the Commission and Department
of the Interior. Such report shall be sent within sixty (60)
days after a management official, key employee or party in interest
begins employment in a gaming enterprise.
(iv)
In no event shall a gaming enterprise employ a person as a key
employee or management official if such person does not have
a tribal license within ninety (90) days after beginning employment.
(v)
If the Tribe or Tribal Gaming Agency receives a request for
additional information from the National Indian Gaming Commission
or Department of the Interior within thirty (30) days after
said Commission or Department receives the Tribal Gaming Agency's
background investigation report concerning an employee who is
the subject of a report, the Tribal Gaming Agency shall respond
to such request in writing within thirty (30) days.
(B)
The Tribal Gaming Agency shall in no circumstances grant a gaming
license to a key employee or management official before forwarding
a background investigation report to the National Indian Gaming
Commission and Department of the Interior. A gaming license may
be issued to a key employee, management official or party in interest,
if the Tribal Gaming Agency has made a determination that the
person is eligible for a tribal gaming license, after said background
report has been duly submitted, in the following circumstances:
(i)
If, thirty (30) days after the Tribal Gaming Agency's background
report on a person has been received by the National Indian
Gaming Commission and the Department of the Interior, said Commission
and Department have not notified the Tribal Gaming Agency that
they have any objection or require additional information; or
(ii)
Thirty (30) days after the Commission or Department has requested
and received additional information on a person from the Tribe
or Tribal Gaming Agency, and no objection to such person has
been received from these federal agencies. The Tribal Gaming
Agency shall issue a temporary permit to any license applicant
pending a response from the Commission or Department, if the
applicant has supplied a completed application and all other
required informationand if no disqualifying information is apparent
on the face of the completed application or has otherwise come
to the attention of the Tribal Gaming Agency. Such temporary
license shall automatically expire when a decision on a permanent
license has been made by the Tribal Gaming Agency.
(C)
If the Commission or Department notifies the Tribe
or Tribal Gaming Agency of any objection to a person applying
for a tribal gaming license, the Tribe shall immediately terminate
the employment of such person as a key employee, management official
or party in interest.
(D)
If, after the issuance of a tribal gaming license, the Tribal
Gaming Agency receives reliable information from the National
Indian Gaming Commission, the Department of the Interior, or any
other source indicating that an employee is not eligible under
subsection 3(F) for employment as a key employee, management official,
or party in interest, the Tribal Gaming Agency shall immediately
suspend such license and shall notify in writing the licensee
of the suspension and the fact that the Agency intends to revoke
such license. Such revocation notice shall inform the licensee
that he or she shall have ten (10) days to file a written request
for a hearing with the Tribal Gaming Agency.
(i)
An employee shall have the right to a hearing to contest
such suspension and the proposed revocation of his or her tribal
gaming license. The Tribal Gaming Agency shall notify the licensee
of the time and place for the hearing scheduled on the proposed
revocation of the license. The Tribal Gaming Agency shall adopt
hearing procedures by regulation, which shall be approved by
the Tribal Council.
(ii)
At the conclusion of the revocation hearing, the Tribal Gaming
Agency shall decide to revoke or reinstate the person's tribal
gaming license. The Agency shall notify the National Indian
Gaming Commission and the Department of the Interior in writing
of its decision.
(Iii)
If the decision of the Tribal Gaming Agency is to revoke the
tribal gaming license, the person whose license is revoked shall
have a right of appeal to the Siletz Tribal Court.
§6.24 Work Permits
(a)
All employees of a tribal gaming enterprise shall obtain and possess
a work permit from the Tribal Gaming Agency. No person shall be employed
at the tribal gaming enterprise without having first obtained a tribal
work permit.
(b)
The Tribal Gaming Agency, by regulation, shall establish an application
process for tribal work permits for employees in tribal gaming enterprises.
Individuals are prohibited from working at or managing the gaming
enterprise without a valid work permit. Said process shall include
a procedure for background investigations of applicants where appropriate,
and adoption of standards for disqualification of potential employees.
Said regulations shall become effective upon approval by the Tribal
Council. The Tribal Gaming Agency shall retain applications for employment
and reports (if any) of background investigations for the term of
employment of the employee or for a period of three (3) years, whichever
period is longer. These records shall be available for inspection
only by the National Indian Gaming Commission or the Department of
the Interior, in addition to regular business use by the Gaming Agency.
(c)
Applications shall be submitted under oath, and shall contain such
information as may be necessary for the Tribal Gaming Agency to determine
whether the applicant is a fit person to be employed in the tribal
gaming enterprise, in the position applied for.
(d)
The Tribal Gaming Agency shall issue an annual work permit to an employee
after making a determination that the person is eligible to be employed
by the gaming enterprise. The Agency may by regulation establish a
fee for the issuance of a work permit.
(e)
The Tribal Gaming Agency may deny issuance of a work permit or revoke
an existing work permit if it obtains reliable information that employment
of a particular person would be contrary to the best interests of
the gaming operation and the Siletz Tribe. The Agency may by regulation
establish standards for such determination.
A decision
to deny a work permit or to revoke an existing permit to a Siletz
tribal member may be appealed to the Siletz Tribal Court. In all other
cases the decision of the Tribal Gaming Agency shall be
final.
(f)
The Tribal Gaming Agency shall issue an identification badge to each
person who is granted a work permit under this section. Such badge
shall be worn at all times while the permittee is on duty at the gaming
enterprise. Such badge is the property of the Tribal Gaming Agency
and shall be surrendered to the Agency upon the permittee's termination
of employment or upon revocation or a work permit by the Agency. The
Agency may establish be regulation a deposit fee for identification
badges to encourage their return. Failure to return such badge when
requested shall constitute a violation subject to a $500 fine to be
imposed by the Tribal Gaming Agency.
(g)
Issuance to and acceptance by a person of a work permit for a gaming
enterprise shall constitute consent by the permittee to the jurisdiction
and authority of the Confederated Tribes of Siletz Indians of Oregon
for all purposes related to such persons employment relationship with
the Tribe.
(h)
Upon revocation of a work permit, the person who held such permit
shall be excluded from the gaming enterprise and any trust land surrounding
such enterprise. Any entry of such person upon tribal land after revocation
has occurred shall be considered trespass, and the Tribal Gaming Agency
shall move to exclude such person from the gaming enterprise under
the Tribal exclusion Ordinance.
§6.25 Use of Tribal Gaming Revenues
(a)
Net revenues from a gaming enterprise shall be limited to any or all
of the following purposes, in percentages to be set from time to time
by the Tribal Council;
(1)
to fund tribal government operations or programs;
(2)
to provide for the general welfare of the Indian tribe and its members;
(3)
to promote tribal economic development,
(4)
to donate to charitable organizations; or
(5)
to help fund operations of local government agencies.
(b)
The Tribal Gaming Agency shall prepare a plan for consideration and
adoption by the Tribal Council to allocate net revenues within the
priorities listed in subsection (a). The Tribal Council shall adopt
such plan by Tribal Resolution, and may modify it from time-to-time
as circumstances warrant. The Tribal Council may adopt such plan by
Tribal Resolution or may adopt a different plan, and may modify the
plan which is adopted, from time-to-time, as circumstances warrant.
(c)
Upon adoption of such plan, the plan shall be forwarded to the Secretary
of the Interior for approval.
(d)
No per capita payments to tribal members shall be approved unless
the requirements of the Indian Gaming Regulatory Act are met.
§6.26 Audits
(a)
Annual outside audits of all gaming enterprises shall be provided
by the Tribal Gaming Agency to the National Indian Gaming Commission.
Such audits may be included within the existing independent tribal
audit system.
(b)
All contracts for supplies, services, or concessions for a contract
amount in excess of $25,000 annually, except contracts for professional,
legal, or accounting services, relating to a gaming enterprise shall
be subject to such independent audits.
(c)
The Tribal Gaming Agency shall establish by regulation a procedure
for tribal audits of gaming enterprises, which shall provide for frequent
tribal auditing of gaming enterprise operations. Such audits shall
be for the sole and exclusive use of the Tribal Gaming Agency and
the Tribal Council.
§6.27 Regulatory Fees
The Tribal
Gaming Agency shall establish by regulation a schedule of fees which
shall be assessed against the management of a gaming enterprise to cover
all of the costs of enforcing this Ordinance with regard to such enterprise.
If the Tribe is managing its own gaming operations, the costs of enforcing
this Ordinance will be paid from tribal funds and will be assessed as
a cost of the gaming operation. The schedule of fees shall be approved
by the Tribal Council.
§6.28 Dispute Resolution
The Tribal
Gaming Agency shall establish by regulation a dispute resolution system
to consider and resolve complaints made by patrons of the gaming enterprise
with regard to their activities while at the gaming enterprise. Any
system adopted shall protect the due process rights of all patrons of
the gaming enterprise. The Tribal Council shall approve such regulations.
§6.29 Administration, Management, and Operation of Siletz Gaming
The Tribal
Gaming Agency is delegated the authority to administer and implement
this Ordinance, including general control, management and supervision
of all activities and properties authorized herein, both real and personal,
and to exercise all of the powers necessary and proper to accomplish
all of the purposes of this Ordinance as set forth herein. The following
acts are illustrative of the type of actions the Tribal Gaming Agency
may take on behalf of the Tribe:
(a)
to adopt and enforce rules and regulations,subject to Tribal Council
approval, for the purpose of carrying into effect the purposes and
provisions of this Ordinance and the Indian Gaming Regulatory Act;
(b)
collecting, auditing, issuing and/or establishing and collecting fees,
licenses, taxes and permits; and
(c)
purchasing, leasing, warehousing and selling all devices and other
equipment related to the conduct of gaming by a gaming enterprise.
§6.30 Reports to the Tribal Council.
The Siletz
Gaming Agency shall submit to the Tribal Council on a monthly basis,
at least one week before the regularly scheduled monthly Tribal Council
meeting, a financial report for the previous month's tribal gaming operations.
The manager of each gaming operation shall submit a monthly signed report,
made under oath, to the Siletz Gaming Agency by the seventh day of each
month. Such reports shall document:
(a)
Monthly attendance at each type of gaming activity;
(b)
Gross receipts for the month;
(c)
Names of each employee and the salary or other compensation
paid to each;
(d)
Quantity of free plays and other gratuities dispensed during the month;
(e)
All expenses in the operation of the games, including specific
payments to individual contractors and vendors;
(f)
The amount paid in prizes for each gaming activity during the month;
(g)
All bank deposits made from the proceeds of each gaming activity,
including any interest received on such deposits;
(h)
All expenditures of net proceeds from a gaming operation including
the amount, person or organization paid, date, and purpose of such
expenditures.
The Tribal
Council on Siletz Gaming Agency may require that records required to
be kept under this section be preserved by a licensed organization for
at least five (5) years, and such records may be inspected by employees
or agents of the Tribe at any reasonable time without notice
or search warrant. Failure of any licensee to cooperate with the Tribe
or failure to preserve the records specified in this section may result
in the immediate suspension without prior notice or hearing of that
licensee's license.
§6.31 Gambling Prohibited
Gambling
on land owned by the Confederated Tribes of Siletz Indians of Oregon
by any person other than at an approved tribal gaming enterprise, and
conducted by any party, partnership, entity, firm or corporation other
than one licensed pursuant to this Ordinance is hereby prohibited unless
licensed and operated under the terms of this Ordinance, and any rules
and regulations adopted pursuant thereto.
§6.32 Sovereign Authority; Sovereign Immunity
(a)
The tribe shall retain full sovereign authority over any gaming enterprise
established and operated under this Ordinance, and over any lands
upon which such enterprise is located.
(b)
The sovereign immunity of the Tribe is not waived by any of the provisions
in this Ordinance, except as specifically stated herein.
(c)
No monetary damages may be awarded against the Tribe under any of
the appellate remedies provided in this Ordinance, except for the
dispute resolution procedure adopted pursuant to Section 6.28. Only
actual damages may be awarded under Section 6.28, and shall be payable
only from gaming revenues of tribal gaming operations.
§6.33 Tribal Court Jurisdiction
The Siletz
Tribal Court shall have exclusive jurisdiction over the enforcement
of this Ordinance, except as otherwise specifically provided herein.
§6.34 Revocation of Existing Ordinances
All existing
tribal Ordinances that involve gaming in any respect are hereby revoked,
and shall be of no further legal effect.
§6.35 Severability
If any
provision or clause of this Ordinance or the application thereof to
any person or circumstance is held to be unconstitutional or otherwise
invalid by any court of competent jurisdiction, such invalidity shall
not affect other provisions of this Ordinance or clauses or applications
thereof which can be implemented without the invalid provision, clause
or application, and to this end, the provisions and clauses of this
Ordinance are declared to be severable.
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ADOPTED
by Resolution No.
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Amended
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