[Adopted 12-10-1993 by Ord. No. 93-25]
This article shall be titled "Interim Class
III Gaming Building Codes."
Pursuant to the Gaming Compact of 1992 entered
into between the Menominee Indian Tribe and the State of Wisconsin,
the Menominee Indian Tribe provisionally adopts the following public
health and safety regulations/statutes of the State of Wisconsin until
such a time as the Menominee Indian Tribe adopts its own public health
and safety codes, rules, and regulations.
The Menominee Indian Tribe, acting through its
governing body, the Menominee Tribal Legislature, hereby incorporates
into Menominee law and makes applicable to Class III gaming facilities
within the exterior boundaries of the Menominee Indian Reservation
Ch. 101, Wis. Stats., and the administrative rules adopted thereunder,
including but not limited to Chs. Comm 14 (Fire Prevention), 16 (Electrical),
28 (Smoke Detectors), 60 to 66 (Commercial Building Code), and 81
to 87 (Plumbing), Wis. Adm. Code, as amended from time to time, substituting
where necessary the Tribe and its agents or agencies for the state
and its agents, agencies, or subdivisions.
Inspections of Class III gaming facilities shall
be conducted annually.
A.
This article shall be enforced by the Menominee Tribal
Environmental Services Department, which shall have the duty to make
inspections, establish compliance procedures, cooperate with state-licensed
inspectors hired by the Tribe and to refer violations to the Menominee
Tribal Prosecutor, where appropriate, for purposes of compliance.
B.
The Menominee Tribal Prosecutor shall be responsible
for prosecuting violations of this article in the Menominee Tribal
Court.
Penalties incorporated in Ch. 101, Wis. Stats.,
and the administrative rules shall be assessed by the Menominee Tribal
Court for violations; however, the Menominee Tribal Court may not
impose any forfeiture or penalty greater than allowed by 25 U.S.C.
§ 1302 or other applicable tribal or federal law.
