CHAPTER 12-7
PROVISIONS OF GENERAL APPLICABILITY TO ALL LICENSEES
12-7-1 Gaming License and Permit Application Fees.
(A) Series A License. No application fee shall be required for a Series A gaming facility license.
(B) Series B License. The application fee for a Series B gaming license shall be set by the Tribal Gaming Commission.
(C) Series C License. The application fee for a Series C gaming license shall be set by the Tribal Gaming Commission.
(D) Series D License. The application fee for a Series D gaming license shall be set by the Tribal Gaming Commission.
(E) Non-Gaming Work Permits; Non-Gaming Vendor Registrations. The application fee for non-gaming employee work permit applications and for non-gaming vendor registration applications shall be set by the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-2 Gaming License Tax.
No annual license tax shall be required for a gaming enterprise.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-3 Form and Display of Gaming License.
Every license issued by the Tribal Gaming Commission shall contain the following data:
(A) The name and address of the authorized licensee; and
(B) The signature of an officer of the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-4 Terms of Gaming License.
(A) Series A. A Series A gaming facility license shall be valid for a period of five (5) years from the date of issuance.
(B) Series B. A Series B gaming license shall be valid for a period of two (2) years from the date of issuance.
(C) Series C. A Series C gaming license shall be valid for a period of two (2) years from the date of issuance.
(D) Series D. A Series D gaming license shall be valid for a period of two (2) years from the date of issuance.
(E) Non-Gaming Work Permits. Non-gaming work permits shall be valid for a period determined by the Tribal Gaming Commission; provided, that no permit shall be valid for a period of more than two (2) years.
(F) Non-Gaming Vendor Registration. Non-gaming vendors must renew registration annually. The non-gaming vendor registration list must be updated periodically and inactive non-gaming vendors and those failing to renew their registration will be deleted from the list. Delisted non-gaming vendors may reapply to be included on the registration list.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-5 Gaming License, Work Permit, and Non-Gaming Vendor Registration Renewal.
(A) Renewal Authorized. Each gaming license, work permit, and non-gaming vendor registration may be renewed.
(B) Renewal Fees. No renewal fee shall be required for a Series A gaming facility license. Renewal fees for Series B, C, and D gaming licenses as well as non-gaming employee work permits and non-gaming vendor registrations shall be set by the Tribal Gaming Commission.
(C) Renewal Application. In order to obtain a renewal of a gaming license, work permit, or non-gaming vendor registration, the operator of a gaming facility, for a Series A gaming facility license, or the licensee, for a Series B, C or D gaming license, or a holder of a non-gaming work permit, or the non-gaming vendor, for a non-gaming vendor registration, shall submit to the Tribal Gaming Commission a written renewal application on the form provided by the Tribal Gaming Commission no later than sixty (60) days before the license, work permit, or registration expires. Such form shall require the updating of all information contained in the original application.
(D) Report Requirement. No renewal application for a license issued with respect to a particular gaming facility shall be approved until the annual report, required by Section 12-7-8 with respect to such gaming facility and its operator, has been properly filed.
(E) Approval. All complete renewal applications shall be approved in thirty (30) days or less unless the Tribal Gaming Commission has reasonable grounds to believe that there may be credible grounds for denial of the license, work permit or non-gaming vendor registration or, additionally with respect to a Series A gaming facility license, the gaming enterprise has been or will be operated in violation of this title or any other applicable law; or otherwise where exigent circumstances are present.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-6 Scope of Gaming License, Work Permit, or Non-Gaming Vendor Registration.
(A) Series A. A Series A gaming facility license shall be effective only for the gaming facility specified in the application.
(B) Series B. A Series B gaming license shall be effective only for the person to whom it is issued and only with respect to the gaming facility specified in the application unless otherwise authorized by the Tribal Gaming Commission. Any such license may be transferred to a new gaming facility upon prior approval of the Tribal Gaming Commission, upon written request which details the proposed new gaming facility, its location, and proposed operator thereof.
(C) Series C. A Series C gaming license shall be effective only for the natural person to whom it is issued and only with respect to the gaming facility specified in the application unless otherwise authorized by the Tribal Gaming Commission. Any such license may be transferred to a new gaming facility upon prior approval of the Tribal Gaming Commission, upon written request which details the proposed new gaming facility, its location, and proposed operator thereof.
(D) Series D. A Series D gaming license shall be effective only for the gaming vendor to which it is issued. A Series D gaming license may not be transferred to any other entity, including affiliates and legal successors.
(E) Non-Gaming Work Permits. A non-gaming employee work permit shall be effective only for the non-gaming employee to which it is issued and is not transferable.
(F) Non-Gaming Vendor Registrations. A non-gaming vendor registration shall be effective only for the registered person or entity identified on the registration list.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-7 Posting of Gaming License.
Each gaming enterprise shall post the Series A gaming facility license issued for the gaming facility it operates in a conspicuous location at such gaming facility. If a gaming enterprise operates more than one (1) gaming facility, it must obtain and post a separate Series A gaming facility license for each such gaming facility. Any person licensed to sell raffle tickets outside a gaming facility shall carry a copy of the gaming license under which he is employed.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-8 Annual Report of Series A Gaming Facility Licensee.
The operator of any gaming facility which possesses a Series A gaming facility license must file an annual report with the Tribal Gaming Commission and the Tribal Council before the fifteenth day of the last month of the term of such license. The report shall be submitted on the annual report form provided by the Tribal Gaming Commission and shall include, at a minimum, the following information:
(A) The name, address, and telephone number of the operator;
(B) The names, addresses, and titles of its current general manager and all of its sub- managers;
(C) A description of the gaming that has been operated and the total gross sales for the previous year;
(D) A written copy of any changes it proposes to initiate in its rules;
(E) A statement of the specific dates and times during which the gaming will be operated for the next license period;
(F) The name and address of the natural person who will serve as general manager for the next license period;
(G) A statement of any changes in the primary management officials or key employees who will operate the gaming activity for the next license period;
(H) Written proof that the gaming enterprise has paid the National Indian Gaming Commission such fees as Federal and Nation law may require;
(I) Proof that the gaming enterprise has complied with IRS regulations, including written notice of customer winnings;
(J) The address of any gaming facility at which gaming activity has been conducted and the address of any new gaming facility that will be established during the next license period;
(K) The number of full-time equivalent people, on an annualized basis, employed by the gaming enterprise during the previous twelve (12) months, together with a projection of the number of full-time equivalent people who are expected to be employed during the next license period;
(L) The total gross revenue of the gaming enterprise over the previous year;
(M) If the gaming is managed by a management contractor, the name, address, and signature of the agent who resides on the Reservation and who will accept service of process on behalf of the management contractor; and
(N) If, in the case of a management contractor, such management contractor is a corporation, a copy of any amendment to its articles of incorporation, properly certified by the incorporating government, unless a current copy is already on file with the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-9 Procedure to Remedy Gaming License Violation.
If the Tribal Gaming Commission finds that any gaming activity of any licensee is in violation of this title or any other applicable law, or otherwise presents a threat to the public, the Tribal Gaming Commission shall immediately take such steps as it deems necessary to bring such activity into compliance, which may include the suspension or revocation of any gaming license.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-10 Requirement of Producing Series B or C Gaming License or Work Permit Upon Request.
Any natural person who obtains a Series B or C gaming license or non-gaming employee work permit must carry such license or work permit upon his person during all working hours at any gaming facility under the jurisdiction of the Nation and must produce such license or work permit upon the request of any law enforcement official or agent of the Nation, the State, or the National Indian Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-11 Temporary Suspension of Series B or C Gaming License.
(A) Grounds for Temporary Suspension of Class B or C Gaming License. Any Series B or C gaming license may be temporarily and immediately suspended by the Tribal Gaming Commission or the Tribal Court if any of the following have occurred:
(1) The licensee has been charged with a violation of this title or any other applicable law;
(2) The licensee’s continued employment as a primary management official, key employee, or standard gaming employee of a gaming enterprise poses a threat to the general public;
(3) The licensee has made a materially false statement in his license application;
(4) The licensee has participated in gaming activity unauthorized by his gaming license;
(5) The licensee has refused to comply with any order of the Tribal Gaming Commission, the Tribal Council, the Tribal Court, or the National Indian Gaming Commission; or
(6) The National Indian Gaming Commission notifies the Tribal Gaming Commission that the licensee is not eligible for employment.
(a) If the National Indian Gaming Commission notifies the Tribal Gaming Commission that the licensee is not eligible for employment, the Tribal Gaming Commission must immediately suspend the license and provide the licensee with written notice of suspension and proposed revocation in accordance with Section 12-7-12(C).
(B) Procedure for Temporary Suspension of Series B or C Gaming License. In the event the Tribal Gaming Commission determines that any licensee meets any of the criteria stated in subsections (A)(1) through (A)(6) of this section, or that his or her non- compliance with this title is a direct and immediate threat to the peace, safety, morals, health, or welfare of the community, the Tribal Gaming Commission shall issue a written order of temporary suspension of such licensee’s Series B or C gaming license and shall serve such notice upon the licensee immediately. The order shall state the grounds upon which it is issued and the licensee’s right to a show cause hearing. The licensee shall cease and desist operating in his/her position pursuant to his/her license immediately upon receipt of the order, but the licensee may file a notice of appeal with the Tribal Gaming Commission pursuant to the show-cause hearing provisions of Section 12-7-12(C), which shall govern such appeal in all respects.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-12 Denial or Revocation of Series B or C Gaming License.
(A) Grounds for Denial or Revocation. The Tribal Gaming Commission may deny any Series B or C gaming license without a hearing, if notice and an opportunity for a hearing is provided for after the denial, or it may revoke any Series B or C gaming license after notice and an opportunity for a hearing, for any of the following reasons:
(1) The licensee has withheld pertinent information on the gaming license application;
(2) The licensee has made false statements on the gaming license application;
(3) The licensee has participated in gaming activity which was not authorized by the gaming license;
(4) The licensee has attempted to bribe or unduly influence a Tribal Council member(s), Tribal Gaming Commission member(s), or any other official or licensee in an attempt to avoid or circumvent this title or any other applicable law;
(5) The licensee has offered something of value or accepted a loan, financing, or other thing of value from a Tribal Gaming Commission member, a subordinate employee of the Tribal Gaming Commission or gaming enterprise, or any person participating in any gaming activity in order to impose or exact undue influence on that individual, or for any other improper purpose;
(6) The licensee has knowingly promoted, played, or participated in any gaming activity operated in violation of this title or any other applicable law;
(7) The licensee has been knowingly involved in the falsification of books or records which relate to a transaction connected with the operation of gaming activity;
(8) The licensee has violated any provision of this title or any other applicable law;
(9) The licensee has been convicted of, or has entered a plea of nolo contendere to, any crime involving gaming, fraud, theft, embezzlement, or other activity which, if perpetrated at any gaming facility on the Reservation, would injure or pose a threat to the public interest, or the integrity of the gaming activity, or the effective regulation of gaming, or enhance the dangers of unfair, unsuitable, or illegal practices in the conduct of gaming;
(10) The licensee has refused to comply with any order, inquiry, or directive of the Tribal Gaming Commission, the Tribal Council, the Federal government, the State, or any court of competent jurisdiction;
(11) The licensee has been convicted of, or entered a plea of nolo contendere to, a crime involving the sale of illegal narcotics or controlled substances; or
(12) The licensee has been determined to have present or prior criminal activities, a criminal record, or reputation, habits, or associations which pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices in the conduct of gaming.
(B) If the Tribal Gaming Commission issues a denial to a prospective Class II gaming licensee, it shall notify the National Indian Gaming Commission and forward copies of its eligibility determination and notice of results to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Record System.
(C) Procedure for Revocation of Series B or C Gaming License. Whenever it is brought to the attention of the Tribal Gaming Commission that any person has failed to comply with any condition of his gaming license or has failed to obtain a license, the Tribal Gaming Commission may either undertake an investigation of the gaming enterprise, or serve upon such person or any agent of such person an order to show cause why such person’s license should not be revoked, or why such person should not be enjoined from conducting gaming activities within the jurisdiction of the Nation. Such notice shall state the reason for the order, the time and place for the show cause hearing before the Tribal Gaming Commission, and that the person shall have an opportunity to present testimony, cross examine opposing witnesses, and to present any other evidence as to why a revocation order or injunction should not be issued. The right to a hearing under this section shall vest only upon receipt of a license granted under this title. The hearing shall be set for not less than thirty (30) days nor more than forty-five (45) days from the date of the notice or receipt by the Tribal Gaming Commission of any appeal filed pursuant to Section 12-7-11(B). The hearing shall be governed in all respects in accordance with the Nation’s laws and Tribal Gaming Commission regulations. After a revocation hearing, the Tribal Gaming Commission shall decide whether to revoke or to reinstate a gaming license. The Tribal Gaming Commission shall notify the NIGC of its decision to revoke or reinstate a license within forty-five (45) days of receiving notification from the NIGC that a primary management official or key employee is not eligible for employment.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-13 Temporary Suspension of Series D Gaming License.
(A) Grounds for Temporary Suspension of Series D Gaming License. Any Series D gaming license may be temporarily and immediately suspended by the Tribal Gaming Commission or the Tribal Court if any of the following have occurred:
(1) The licensee has been charged with a violation of this title or any other applicable law;
(2) The licensee has made a materially false statement in his license application;
(3) The licensee has participated in gaming activity unauthorized by his gaming license; or
(4) The licensee has refused to comply with any order of the Tribal Gaming Commission, the Tribal Council, the Tribal Court, or the National Indian Gaming Commission.
(B) Procedure for Temporary Suspension of Series D Gaming License. In the event the Tribal Gaming Commission determines that any licensee meets any of the criteria stated in subsections (A)(1) through (A)(4) of this section, or that his noncompliance with this title is a direct and immediate threat to the peace, safety, morals, health, or welfare of the community, the Tribal Gaming Commission shall issue an order of temporary suspension of such licensee’s Series D gaming license, and shall serve such notice upon the licensee immediately. The order shall state the grounds upon which it is issued and the licensee’s right to a hearing. The licensee shall cease and desist operating in his position pursuant to his license immediately upon receipt of the order, but the licensee may file a notice of appeal with the Tribal Gaming Commission pursuant to the show-cause hearing provisions of Section 12-7-14(B), which shall govern such appeal in all respects.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-14 Denial or Revocation of Series D Gaming License.
(A) Grounds for Denial or Revocation of Series D Gaming License. The Tribal Gaming Commission may deny any Series D gaming license without a hearing if notice and an opportunity for a hearing is provided for after the denial, or it may revoke any Series D gaming license after notice and an opportunity for a hearing, for any of the following reasons:
(1) The licensee has withheld pertinent information on the gaming license application;
(2) The licensee has made false statements on the gaming license application;
(3) The licensee has participated in gaming activity which was not authorized by the gaming license;
(4) The licensee has attempted to bribe a Tribal Council member(s), Tribal Gaming Commission member(s), or any other person in an attempt to avoid or circumvent this title or any other applicable law;
(5) The licensee has offered something of value or accepted a loan, financing, or other thing of value from a Tribal Gaming Commission member, a subordinate employee of the Tribal Gaming Commission or gaming enterprise, or any person participating in any gaming activity for the purposes of imposing or exacting undue influence on that individual, or for any other improper purpose;
(6) The licensee has knowingly promoted, played, or participated in any gaming activity operated in violation of this title or any other applicable law;
(7) The licensee has been knowingly involved in the falsification of books or records which relate to a transaction connected with the operation of gaming activity;
(8) The licensee has violated any provision of this title or any other applicable law;
(9) The licensee or any director, officer, ten (10) percent or greater shareholder or partner thereof has been convicted of, or has entered a plea of nolo contendere to, any crime involving gaming, fraud, theft, embezzlement or other activity which, if perpetrated at any gaming/facility on the Reservation, would injure or pose a threat to the public interest, or the integrity of the gaming activity, or the effective regulation of gaming, or enhance the dangers of unfair, unsuitable, or illegal practices in the conduct of gaming;
(10) The licensee has refused to comply with any order, inquiry or directive of the Tribal Gaming Commission, the Tribal Council, the Federal government, the State, or any court of competent jurisdiction;
(11) The licensee or any director, officer, and ten (10) percent or greater shareholder or partner thereof has been convicted of, or entered a plea of nolo contendere to, a crime involving the sale of illegal narcotics or controlled substances; or
(12) The licensee or any director, officer, and ten (10) percent or greater shareholder or partner thereof has been determined to have present or prior activities, criminal record, if any, or reputation, habits, and associations which pose a threat to the public interest or to the effective regulation of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices in the conduct of gaming.
(B) Procedure for Revocation of Series D Gaming License. Whenever it is brought to the attention of the Tribal Gaming Commission that any licensee has failed to comply with any condition of his Series D gaming license or has failed to seek and obtain a license, the Tribal Gaming Commission may either undertake an investigation of such licensee or serve upon such licensee, or any agent of such licensee, an order to show cause why such licensee’s license should not be revoked or why such licensee should not be enjoined from conducting gaming activities within the jurisdiction of the Nation. Such notice shall state the reason for the order, the time and place for the show cause hearing before the Tribal Gaming Commission, and that the licensee shall have an opportunity to present testimony, cross examine opposing witnesses, and present any other evidence as to why a revocation order or injunction should not be issued. The hearing shall be set for not less than thirty (30) days nor more than forty-five (45) days from the date of the notice or receipt by the Tribal Gaming Commission of any appeal filed pursuant to Section 12-7-13(B). The hearing shall be governed in all respects in accordance with the Nation’s laws and Tribal Gaming Commission regulations.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-15 Gaming Licenses Are Site-Specific.
Each gaming license shall be applicable only to the gaming facility specified on such license; provided, that the Tribal Gaming Commission may issue a dual license to a key employee, primary management official, or standard gaming employee of a gaming enterprise charged with duties in relation to multiple gaming facilities operated by the same gaming enterprise.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-16 Gaming Licenses Are Not Transferable.
No gaming license shall be sold, loaned, assigned, or otherwise transferred in violation of this title.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-17 Gaming Licenses Are Personal.
A gaming license shall be issued only to the person who qualifies for it under this title, or to the Nation, or a Tribal subdivision.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-18 Title 12 and Regulations Available for Inspection.
Each gaming enterprise shall keep a copy of this title and all applicable regulations of the Tribal Gaming Commission readily available for inspection by any person at each authorized gaming facility operated by such gaming enterprise.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-19 Gaming Age Limitations.
No person under eighteen (18) years of age shall be permitted to be a player in any Class II gaming activity, excluding charity bingo nights. No person under twenty-one (21) years of age shall be permitted to be present in any gaming area of any Class III gaming facility, nor be permitted to place any Class III wager, directly or indirectly; provided, that any person under twenty-one (21) years of age shall have the right of ingress and egress through gaming areas as is necessary to use a non-gaming area of any such gaming facility such as a restaurant, meeting room, restroom, gift shop, or any other such area, the use of which is ancillary to another non-gaming use; and provided further, that any person over eighteen (18) years of age but under the age of twenty-one (21) may, upon approval in accordance with licensing provisions, be employed in the gaming facility in a capacity not involving the service of alcoholic beverages.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-20 Gaming Rules Available for Inspection.
Each gaming enterprise shall post in its gaming facility, in a conspicuous location near any gaming activity being played, or shall otherwise provide the public with, an explanation of the rules of play of every specific game operated in such gaming facility.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-21 Renting or Lending Gaming Equipment.
Each gaming enterprise is prohibited from renting or lending gaming equipment to any person without prior express written approval of the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-22 Exchange of Pull-Tabs, Punchboards, Etc.
Each gaming enterprise is prohibited from exchanging pull-tabs, punchboards, sports pools, and twenty-one (21) boxes with any other person except with prior approval of the Tribal Gaming Commission. All other gaming equipment may be exchanged without prior approval. Any request for approval shall be made to the Tribal Gaming Commission at least five (5) days prior to the proposed date of such exchange.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-23 Permission Required for Making Gaming Equipment.
Any gaming enterprise which anticipates the printing, manufacture, or construction of any gaming equipment shall first notify the Tribal Gaming Commission of its intention, and shall have the finished product approved by the Tribal Gaming Commission before it is placed in service.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-24 Full Value Required for Gaming Chips and Tokens.
Gaming chips and other tokens of value shall only be sold and redeemed by the gaming enterprise that issued them, and only for full value.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-25 Retention of Gaming and Licensing Records.
(A) Each gaming enterprise shall maintain, and keep in hard copy or in an electronic media storage format, for not less than five (5) years all permanent books of accounts and records, including inventory records of gaming supplies, sufficient to establish gross and net income, deductions, expenses, receipts, and disbursements of the gaming enterprise.
(B) The Nation shall retain the following for inspection by the Chair of the National Indian Gaming Commission, or his or her designee, for no less than three (3) years from the date of termination of employment of key employees and primary management officials:
(1) Applications for licensing;
(2) Investigative reports; and
(3) Eligibility determinations.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-26 Facility Agreement Requirement.
Each gaming enterprise being conducted in a gaming facility not owned by the Nation shall file with the Tribal Gaming Commission, prior to conducting any such gaming activity, a written agreement, attested to by both the general manager of the gaming enterprise and the owner of such gaming facility, setting forth the terms under which the gaming enterprise is permitted the use of such gaming facility. Documents submitted to the Tribal Gaming Commission shall contain, at a minimum, the following information, provisions, and conditions:
(A) The name of the legal owner of the gaming facility. If the operator is a sub-lessee, the name of the lessee must also be included;
(B) The name of the gaming enterprise and its general manager;
(C) The term of such use of the gaming facility;
(D) The monetary consideration to be paid for such use of the gaming facility;
(E) A precise description of the premises granted to or leased by the operator within the gaming facility;
(F) A prohibition of any advertising of the gaming activity by the grantor;
(G) The following provision:
The (grantor/lessor) hereby agrees that neither he, his spouse, nor any employee or agent of the (grantor/lessor) shall participate in the selling, distributing, conducting, assisting, or participating in gaming activity at the facility herein (granted/leased) without the prior written approval of the Tribal Gaming Commission;
(H) The rental provision of such agreement must establish a fixed monthly rental dollar amount unless otherwise approved in writing by the Tribal Gaming Commission;
(I) A graduated lease rate for use of the gaming facility is prohibited unless approved in writing by the Tribal Gaming Commission;
(J) Other remuneration, in lieu of money, for use of the gaming facility is prohibited unless approved in writing by the Tribal Gaming Commission;
(K) A percentage lease rate for use of the gaming facility is prohibited unless approved in writing by the Tribal Gaming Commission;
(L) No gaming activity shall be operated in conjunction with the conduct of any other business operation unless approved in writing by the Tribal Gaming Commission; and
(M) Any renegotiated agreement shall be furnished to the Tribal Gaming Commission prior to its effective date.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-27 Liquor Approval Requirement.
There shall be no sale of liquor at any gaming facility without prior approval of the Tribal Council through a duly enacted resolution.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-28 Cash or Cash Equivalents Required for Gaming.
Consideration for the chance to play in any gaming activity shall be only cash, cash equivalents, or, where allowed, a personal check, and shall be presented at the time such gaming is conducted. Other form of consideration shall not be allowed unless the Tribal Gaming Commission gives prior written approval.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-29 Form of Win or Loss Documentation.
Evidence of any win or loss incurred by a player must, upon request, be provided to such player in such form as will be acceptable to the IRS.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-30 Fee and Report Filing Requirement.
Each gaming enterprise shall pay all required fees and file all required reports in a timely manner as established by the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-31 Response to Law Enforcement Agencies.
Each gaming enterprise shall respond immediately to and obey all inquiries, subpoenas, or orders of the Tribal Gaming Commission, the Tribal Council, the Tribal Court, or the National Indian Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-32 Facility Maintenance.
(A) The Nation shall ensure that each gaming facility is constructed, maintained, and operated in a manner that adequately protects the environment and the public health and safety, and the gaming enterprise shall, at all times, maintain an orderly, clean, and neat gaming facility, both inside and out.
(B) The Tribal Gaming Commission shall verify and, where needed, cause to be conducted public health and safety inspections, which shall be conducted at the expense of the gaming enterprise. Such inspections shall be conducted in accordance with the standards established by the Nation or regulations of the Tribal Gaming Commission.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-33 Security Requirement.
Each gaming enterprise shall provide adequate security to protect the public before, during, and after any gaming activity.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-34 Cooperation With Tribal Law Enforcement Agency.
Each gaming facility shall be subject to patrol by the Tribal law enforcement agency for the purpose of enforcing the Nation’s laws, and each licensee shall cooperate at all times with the Tribal law enforcement agency.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-35 Inspection of Books and Records.
Each gaming enterprise shall keep accurate books and records and make its premises, books, and records available for inspection by the Tribal Gaming Commission pursuant to Section 12-3-23, the National Indian Gaming Commission, and in compliance with any applicable terms of a Tribal-State Gaming Compact.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-36 Determination of Class II Gaming Holidays.
The Tribal Gaming Commission reserves the right to determine that no Class II gaming shall be conducted on a given day or during a given event or holiday.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-37 Anti-Discrimination Requirement.
No gaming enterprise may discriminate on the basis of sex, race, color, or creed in the conduct of any gaming activity; provided, that this provision shall not be construed to prohibit the establishment of an Indian hiring preference policy.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-38 Compliance With Applicable Revenue Reporting Laws.
Every gaming enterprise shall comply with any applicable Nation, State, and Federal revenue reporting laws.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-39 Violation of Tribal Law.
It shall be a violation of the Nation’s laws to violate any provision of this title, any regulation of the Tribal Gaming Commission, any order of the Tribal Gaming Commission, or any order of the Tribal Court.
(Enacted by PBP TC No. 2020-363, December 9, 2020)
12-7-40 Drug Suspensions.
Each gaming enterprise shall immediately suspend any employee who is charged with an offense described in Section 12-9-4(CC), or any offense related to the sale, possession, manufacture, and/or transport of illegal drugs. The general manager of any gaming enterprise shall also immediately notify the Tribal Gaming Commission in writing of the name of the person and the pending charge(s) and advise the Tribal Gaming Commission of the outcome of the case. An employee who is convicted of, or who pleads nolo contendere to, any such charge, shall be terminated and shall be subject to the revocation of his/her license or permit.
(Enacted by PBP TC No. 2020-363, December 9, 2020)