[Adopted 1-20-1994 by Ord. No. 93-30; amended in its entirety 1-22-2008]
B.
CITIZENSHIP
CLASS I GAMING
CLASS II GAMING
(1)
(a)
(b)
(c)
(2)
(a)
(b)
(3)
CLASS III GAMING
COMMISSION
COMMISSION BYLAWS
COMMISSIONER
COMPLIMENTARY ITEMS
DE MINIMUS
GAMING ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
GAMING EMPLOYEE
GAMING OPERATION
IMMEDIATE FAMILY MEMBER
INDIAN LAND
KEY EMPLOYEE
LEGISLATURE
LICENSEE
MANAGEMENT CONTRACT
MANAGEMENT FEE
NET REVENUES
NONGAMING ACTIVITY
NONGAMING EMPLOYEE
PRIMARY MANAGEMENT OFFICIAL
REGULATION
TRIBAL COURT
TRIBAL-STATE COMPACT or COMPACT or GAMING COMPACT
TRIBE
WORKING DAYS
As used in this article, the following terms shall have the meanings
indicated:
The status of United States citizen under the laws of the
United States of America.
Social games played solely for prizes of minimal value or
traditional forms of Indian gaming engaged in by individuals as a
part of, or in connection with, tribal ceremonies or celebration.
The game of chance commonly known as "bingo" (whether or not
electronic, computer, or other technologic aids are used in connection
therewith):
Which is played for prizes, including monetary prizes, with
cards bearing numbers or other designations;
In which the holder of the card covers such numbers or designations
when objects, similarly numbered or designated, are shown or electronically
determined; and
In which the game is won only by the first person covering a
previously designated arrangement of numbers or designations on such
cards, including (if played in the same location) pull tabs, lotto,
punch boards, lip jars, instant bingo, and other games similar to
bingo; and
Card games that:
Are explicitly authorized by the laws of the State of Wisconsin;
or
Are not explicitly prohibited by the laws of the State of Wisconsin
and are played at any location in the State of Wisconsin, but only
if such card games are played in conformity with those laws and regulations
(if any) of the State of Wisconsin regarding hours or periods of operation
of such card games or limitations on wagers or pot prizes in such
card games.
All forms of gaming that are not Class I gaming or Class
II gaming.
[Added 5-2-2013 by Ord. No. 13-08]
The Menominee Tribal Gaming Commission established pursuant
to this article to perform regulatory oversight and to monitor compliance
with tribal, federal and applicable state regulations and the Compact
and also known as the "Gaming Commission" or "Menominee Tribal Gaming
Agency." Any reference to "Commission" in this article shall include
the staff of the Menominee Tribal Gaming Commission.
The rules governing the conduct of the Menominee Tribal Gaming
Commission meetings and actions.
One of the members of the Menominee Tribal Gaming Commission;
also known as "Gaming Commissioner."
Goods or services, including but not limited to food, beverages,
lodging, gift certificates, match play coupons, and merchandise, that
are provided to customers of the Menominee Nation Casino, Bingo and
Hotel or other gaming operations at no cost or reduced cost.
Distinct complimentary items that are less than $10 in value
and that in the aggregate do not exceed $100 in value annually.
Any of the following acts by an employee of the gaming operation:
[Added 5-2-2013 by Ord. No. 13-08]
Operating, maintaining or servicing any Class I, Class II, or
Class III gaming.
Providing security or surveillance over any Class I, Class II,
or Class III gaming.
Handling money, chips, tokens, etc., related to Class I, Class
II, or Class III gaming.
Bookkeeping and accounting related to revenues and expenses
from Class I, Class II, or Class III gaming.
Drafting of policies related to the conduct of Class I, Class
II, or Class III gaming.
Any activity required to be regulated pursuant to the provisions
of the Indian Gaming Regulatory Act.[2]
Any employee of the gaming operation whose duties include gaming activity and any person who meets the definition of "key employee" or "primary management official" pursuant to Chapter 347 or the Indian Gaming Regulatory Act or regulations promulgated pursuant to the Indian Gaming Regulatory Act.
[Added 5-2-2013 by Ord. No. 13-08]
Each economic entity that is licensed by the Tribe, operates
games, receives revenues, issues prizes, and pays expenses. A gaming
operation may be operated by the Tribe directly or by a management
contractor or by an enterprise established and owned by the Tribe
for the conduct of gaming or its enterprise's management contractor.
Biological or legally adopted father, mother, sister, brother,
child, grandchild, grandparent; legal father-in-law, mother-in-law,
sister-in-law, brother-in-law, son-in-law, daughter-in-law; legal
stepfather, stepmother, stepbrother, stepsister, and stepchildren;
legally married spouse.
[Amended 7-21-2016 by Ord. No. 16-17]
Any lands title to which is either held in trust by the United
States for the benefit of the Menominee Indian Tribe of Wisconsin
or held by the Menominee Indian Tribe of Wisconsin subject to restriction
by the United States against alienation and over which the Menominee
Indian Tribe of Wisconsin exercises governmental power.
Has the same meaning as used in Article V, Authorization of Gaming, of this chapter.
The Menominee Tribal Legislature, also known as "Tribal Legislature."
Any person who has been issued a valid and current license
pursuant to the provisions of this article.
Any contract, agreement, subcontract or collateral agreement
between an Indian Tribe and a contractor or between a contractor and
a subcontractor if such contract or agreement provides for the management
of all or part of a gaming operation.
The amount paid pursuant to a management contract as determined
within such contracts.
Gross gaming revenues of an Indian gaming operation less:
All activities of the gaming operation, and its employees,
that do not constitute gaming activity.
[Added 5-2-2013 by Ord. No. 13-08]
Any employee of the gaming operation who is not a gaming
employee.
[Added 5-2-2013 by Ord. No. 13-08]
Has the same meaning as used in Article V, Authorization of Gaming, of this chapter.
Regulations promulgated by the Commission pursuant to this
article.
The Tribal Court of the Menominee Indian Tribe of Wisconsin
created pursuant to the Menominee Indian Tribe of Wisconsin Constitution
and Bylaws and the Judiciary and Law and Order Code[3] and physically located on the Menominee Indian Reservation
or, for the purposes of regulating any gaming conducted outside the
boundaries of the Menominee Indian Reservation, a tribunal created
by the Menominee Tribal Legislature for the purpose of performing
the role of the Tribal Court under this article.
A written document, either negotiated and agreed to by the
Tribe and an official or agent of the State of Wisconsin or prescribed
by the Secretary pursuant to 25 U.S.C. § 2710(d)(7)(B)(vii),
governing the conduct of Class III gaming activities on Indian lands.
The Menominee Indian Tribe of Wisconsin, a federally recognized
Indian Tribe; also may be referred to as "Menominee Nation."
Monday through Friday with the exception of Menominee tribal
holidays and administrative leave.
A.
Unauthorized gaming. Any Indian who commits any act of unauthorized
gaming on this Reservation or any Indian land shall be guilty of a
crime and shall be prosecuted in Tribal Court. Prosecution for such
a crime in Tribal Court is not meant to be exclusive; a finding of
guilt or innocence shall not deprive the federal government from criminal
jurisdiction. However, it is hereby declared that Class I, Class II
and Class III gaming conducted on this Reservation or on any Indian
land that fully complies with the provisions of this code shall not
be subject to any criminal penalties.
B.
Ownership; revenues to benefit Tribe. Except for those licenses issued
pursuant to § 347-20I, the Tribe shall have the sole proprietary
interest in, and the sole responsibility for, the conduct of the gaming
activity. Such provision does not, however, limit the Tribe's
ability to enter into a management contract wherein net profits are
divided between the Tribe and other parties to the contract. A gaming
establishment shall be operated so as to produce the maximum amount
of net profit to the Tribe.
(1)
The Tribe's share of net revenues will go entirely to the Tribe
and will be used solely for the following purposes:
(2)
Net revenues from the gaming establishment may be used to make per
capita payments to members of the Tribe upon the preparation of a
plan to allocate revenues to the above uses and approval of this plan
by the Secretary of the Interior.
C.
Establishment of Gaming Commission. The Menominee Tribal Gaming Commission
shall consist of five members appointed by the Menominee Tribal Legislature.
The Tribal Legislature shall make appropriate appointments to the
Commission for three-year terms (staggered). A Commissioner shall
carry over in office until such time as his or her successor is seated
on the Commission.
(1)
Eligibility requirements for Commissioners. In order to be eligible
to serve as a Gaming Commissioner, a person shall:
(a)
Be an enrolled Menominee member;
(b)
Submit to a background investigation of the type required of a primary management official pursuant to this article and Article V, Authorization of Gaming, of this chapter;
(c)
Not have been convicted of a felony;
(d)
Not have been convicted of any gambling-related offense or any
offense involving fraud or misrepresentation;
(e)
Not currently be engaged in or have any prior activities concerning
reputation, habits or associations that pose a threat to the public
interest and effective regulation of gaming, as determined by the
Tribal Legislature;
(f)
Submit to random and reasonable suspicion drug tests;
(g)
Not be a member of the Tribal Legislature or Tribal Gaming Management
Board or employed by any gaming operation;
(h)
Not be engaged in any business that is subject to the provisions
of this article;
(i)
Be at least 21 years of age; and
(j)
Not be the immediate family member of any member of the Tribal
Gaming Management Board.
(2)
Commissioner background checks. Background investigations of Gaming
Commissioners shall be conducted by the Director of the Gaming Commission
with any potentially disqualifying information forwarded to the Tribal
Legislature. Copies of background information shall be sealed in a
confidential file and kept at the Commission office.
(4)
Vacancies. Vacancies on the Commission shall be filled by majority
vote of the Tribal Legislature.
(5)
Organizational meeting. In addition to any other meetings authorized
by this article, the Tribal Gaming Commission shall meet following
the annual appointment of Commission members by the Tribal Legislature
for the purpose of electing a Chairperson and a Vice Chairperson from
its membership.
D.
Restrictions on Commissioners; ethics.
(1)
Members of the Gaming Commission are prohibited from gambling in
a gaming operation owned or operated by the Tribe.
(2)
Members of the Gaming Commission are prohibited from accepting complimentary
items from gaming operations owned or operated by the Tribe, except
for de minimus food, beverage or logo items.
(3)
Commission ethics. The Tribe recognizes that the duties of the Tribal
Gaming Commission include making important decisions on highly sensitive
issues. As such, the Tribe has determined that the Gaming Commission
shall be held to extremely high ethical standards. Gaming Commissioners
shall be bound by the following principles:
(a)
Commissioners shall not:
[1]
Hold financial interests that conflict with the conscientious performance
of their duties as regulators.
[2]
Engage in financial transactions using nonpublic information or allow
the improper use of such information by others on their behalf to
further any private interest.
[3]
Solicit or accept any gift or other item of monetary value, including
complimentary items, from any person or entity seeking official action
or inaction from, doing business with, or conducting activities regulated
by the Gaming Commission or whose interests may be substantially affected
by the performance or nonperformance of the Commissioners' duties.
[4]
Use their positions for private gain.
[5]
Engage in outside employment or activities, including seeking or
negotiating for future employment, which conflict with their official
duties and responsibilities.
(b)
Commissioners shall:
[1]
Make no unauthorized commitments or promises of any kind purporting
to bind the Tribe.
[2]
Act impartially, in accordance with all relevant tribal, federal,
and state laws (where applicable), and shall not give preferential
treatment to any private organization or individual, including to
any persons related to Commissioners.
[3]
Ensure that tribal property and gaming assets shall be properly segregated
and safeguarded and that such property and assets shall not be used
for unauthorized activities.
[4]
Disclose waste, fraud, abuse and corruption to appropriate authorities.
[5]
Endeavor to avoid any actions creating the appearance that they are
violating the law or the ethical standards listed herein.
E.
Compensation for Commissioners. Commissioners shall be compensated
at a rate to be established annually by the Commission and approved
by the Tribal Legislature. Commissioners shall be reimbursed for actual
expenses incurred on Commissioner business, including necessary travel
expenses. In no event shall any individual Commissioner be compensated
based on a percentage of net profits from gaming operations of the
Tribe.
F.
Meetings open to public. General meetings of the Commission may be open to the general membership of the Tribe. All meetings shall be governed by Robert's Rules of Order. Upon a majority vote as defined in Subsection G, matters dealing with personnel, security or the fiscal integrity of the gaming operations shall be conducted in executive session and not be open to the public.
G.
Quorum; majority vote. A quorum shall consist of three members of
the Commission. All decisions shall be made by a majority vote of
the Commissioners present, unless indicated otherwise in this code.
H.
Monthly report. The Commission shall make or cause to be made monthly
reports to the Legislature. The report shall include a full and complete
statement of gaming revenues paid to the Tribe, expenses and all other
financial transactions of the Commission and a summary of all licensing
and enforcement actions.
I.
Powers and duties. The purpose of the Tribal Gaming Commission is
regulatory, not managerial. The Tribal Gaming Commission shall have
the following powers and duties:
(1)
The Commission will conduct oversight to ensure compliance with tribal,
federal and, if applicable, state laws and regulations and the Compact.
(2)
The Commission will serve as the licensing authority for individuals
employed in the gaming operation and will administer background investigations
as part of the licensing process.
(3)
The Commission will monitor compliance with the internal control
standards for the gaming operation in tracking revenues.
(4)
In order to carry out its regulatory duties, the Commission shall
have unrestricted access to all areas of the gaming operation and
to all records.
(5)
The Commission shall have authority to take enforcement actions,
including suspension or revocation of an individual gaming license
when appropriate.
(6)
The Commission shall promulgate:
(a)
Regulations regarding the use of complimentary items. Said regulations
shall:
[1]
Be in conformance with the National Indian Gaming Commission's Minimum
Internal Control Standards, found at 25 CFR 542.17.
[2]
Prohibit key employees, primary management officials, Tribal
Legislators, and members of the Gaming Management Board or Gaming
Commission from receiving complimentary items other than de minimus
complimentary items.
[Amended 7-21-2016 by Ord. No. 16-17]
[3]
For the purposes of Subsection I(6)(a)[2] above, the following goods and services shall not be deemed complimentary items under the following circumstances:
[Added 7-21-2016 by Ord.
No. 16-17]
[a]
Goods or services that are a prize in a drawing
for gaming operation employees as part of a bona fide employee morale
program;
[b]
Goods or services that are provided pursuant to
a bona fide gaming operation employee incentive program;
[c]
Reasonable food and beverages provided at a meeting
of the Tribal Legislature, Gaming Management Board, or Gaming Commission;
[d]
Payment of or reimbursement for the cost of attendance
at any event pursuant to a legitimate business purpose, so long as
such payment or reimbursement is consistent with all other applicable
gaming regulations and gaming operation policies;
[e]
Nothing in this subsection shall be deemed to restrict
or prohibit any gaming regulation related to recordkeeping requirements
related to the provision of such goods and services.
[4]
Prohibit employees of the gaming operation from providing complimentary
items to their immediate family members or any person with whom they
share a residence.
[Added 7-21-2016 by Ord.
No. 16-17]
(b)
Rules and regulations to prevent cheating.
(7)
The
Commission shall promulgate and issue:
(a)
Regulations necessary to comply with the Tribe's Minimum Internal
Control Standards (MICS). The Tribe acknowledges its obligation to
adopt and implement Minimum Internal Control Standards (MICS) for
the operation of its tribal gaming operation no less stringent than
those found in the regulations of the National Indian Gaming Commission
(NIGC) at 25 CFR 542. The Tribe's MICS shall be sent out in separate
regulations to be reviewed and approved by the Tribal Gaming Commission.
(b)
Regulations on the levying of fees associated with gaming license
applications.
(c)
Regulations on the levying of fines and/or suspension or revocation
of gaming licenses for violations of this article, the Compact or
any other tribal, federal or state, if applicable, gaming regulations.
(d)
Licensing regulations.
[1]
The Tribal Gaming Commission is responsible for conducting background
investigations, making suitability determinations and issuing licenses
to employees and vendors. The Tribal Gaming Commission shall adopt
regulations for background investigations which at a minimum meet
the requirements and procedures of 25 CFR 556 and the Compact.
[2]
The Tribal Gaming Commission shall adopt regulations for eligibility
determination which, at a minimum, meet the requirements and procedures
of 25 CFR 556 and the Compact.
[Amended 8-1-2013 by Ord. No. 13-26]
[3]
The Tribal Gaming Commission shall adopt regulations for forwarding
the Notice of Results to NIGC which, at a minimum, meet the requirements
and procedures of 25 CFR 556 and the Compact.
[Amended 8-1-2013 by Ord. No. 13-26]
[4]
The Tribal Gaming Commission shall adopt regulations for license
applications and for the granting, suspension and revocation of gaming
licenses which at a minimum meet the requirements and procedures of
25 CFR 558 and the Compact and which provide due process for the resolution
of any dispute concerning the granting, suspension and revocation
of gaming licenses to any management contractor.
(8)
The Commission shall:
(a)
Carry out all duties of the Tribe pursuant to Article V, Authorization of Gaming, of this chapter unless any of those duties are assigned to another entity by ordinance.
(b)
Conduct or cause background investigations to be conducted on, at
a minimum, primary management officials, key employees and service
suppliers.
(c)
Review and approve all investigative work conducted with respect
to such background investigations.
(e)
Obtain and process fingerprints or designate a law enforcement agency
to obtain and process fingerprints.
(f)
Make suitability determinations.
(g)
Issue gaming licenses to management officials and employees of the
operation and service suppliers consistent with the suitability determinations.
(h)
Inspect, examine and monitor all gaming activities and have immediate
access to review, inspect, examine, photocopy and audit all records
of the gaming establishment.
(i)
Ensure compliance with the Compact and all tribal, state and federal
laws, rules and regulations regarding Indian gaming.
(j)
Investigate any suspicious wrongdoing associated with any gaming
activities (reserving to the Board and/or any management contractor
its right also to investigate as appropriate).
(k)
Hold hearings on patron and/or employee complaints in compliance
with procedures established in the Compact, the management agreement,
this article and other tribal gaming regulations.
(l)
Comply with any and all reporting requirements under IGRA, the Compact
to which the Tribe is a party and any other applicable law.
(m)
Employ such persons as are necessary to carry out the duties of the
Gaming Commission, including but not limited to gaming inspectors.
(n)
Seize and impound any patron's winnings which the Commission
may have reason to believe may have been won or obtained in violation
of this article pending a civil forfeiture hearing on such seizure.
(o)
Establish its own budget for operations in accordance with its bylaws,
including a budget for the Director, and acquire such furnishings,
equipment, supplies, stationery, books, motor vehicles and other things
as it may deem necessary or desirable in carrying out its functions
and incur such other expenses within the limit of funds available
to it as it may deem necessary.
(p)
Perform such other duties the Commission deems appropriate for the
proper regulation of the Tribal gaming operation.
(9)
The Commission shall have the authority to develop memoranda of understanding
with law enforcement agencies to perform services reasonably necessary
to assure compliance with this article.
(10)
Although not required by the Indian Gaming Regulatory Act,[2] the Commission shall direct the Executive Director of
the Tribal Gaming Commission to require all Commission staff to be
licensed by the Commission pursuant to procedures in effect for such
licensing in order to set an example for all licensees.
[2]
Editor's Note: See 25 U.S.C. § 2701 et seq.
J.
Independence. The Tribe recognizes the importance of an independent
Tribal Gaming Commission in maintaining a well-regulated gaming operation.
The Commission shall act independently and autonomously from the Tribal
Legislature in all matters within its purview. No prior or subsequent
review by the Tribal Legislature of any actions of the Commission
shall be required or permitted except as otherwise explicitly provided
in this article.
K.
Prior notice of actions. In adopting, amending, and repealing regulations,
the Commission shall give prior notice of the proposed action to all
licensees and other persons whom the Commission or Director has reason
to believe have a legitimate and bona fide interest in such proposed
action. Said notice shall inform such persons as to the general nature
of the proposed action and advise them as to the manner in which comments
on said proposed action shall be received by the Commission. In emergencies,
the Commission may summarily adopt, amend or repeal any regulation
if at the time the Commission determines such action is necessary
for the immediate preservation of the public peace, health, safety,
morals, and good order or general welfare, together with a statement
of facts constituting the emergency; provided that the Commission
shall schedule such emergency action for a regular hearing within
60 days after any such emergency meeting. The Commission shall set
forth or cause to be set forth procedures for purposes stated herein.
L.
Request for Commission action. Any person who is determined by the
Commission or Director to be a bona fide interested party may file
a petition in a manner and form approved by the Commission requesting
the adoption, amendment or repeal of a regulation. Upon receipt of
the petition, the Commission shall, within 30 working days, deny the
request in writing or schedule the matter for action pursuant to this
section.
M.
Voting on licensing. Any Commission vote resulting in approving,
disapproving, revoking, suspending, limiting or conditioning a license
under this article shall be by ballot only.
N.
Reconsideration. If an individual, within 10 working days of receiving
written notice of a Commission determination, files written objections
to that determination, the Commission shall hold a hearing to review
its decision at the next scheduled meeting. At the hearing, the burden
shall be on the applicant to show cause why the Commission's
determination was incorrect. Following such hearing, the Commission
shall, within 10 working days, reach a determination concerning:
O.
Right to appeal. Unless otherwise contractually agreed to, the subject
shall have the right to appeal the determination of the Commission
to the Tribal Court, in written form, on or before the 10th day following
receipt of the written determination of the Commission. A determination
of such appeal by the Court shall be made by the Court without a jury.
The Court shall make its determination on the record provided, unless
it deems further testimony or evidence necessary. In its review the
Court shall not substitute its judgment for that of the Commission
as to weight of the evidence on any disputed finding of fact. Due
weight shall be accorded the experience and specialized knowledge
of the Commission as well as discretionary authority conferred on
the Commission by this article.
P.
Employment of Director. The Tribe shall employ a Director who shall
be supervised by the Gaming Commission. The Gaming Commission shall
hire the Director pursuant to the Tribe's Personnel Policies
and Procedures (Ordinance No. 83-6).[3]
[3]
Editor's Note: The Personnel Policies and Procedures Manual
is on file at the office of the Administrative Manager.
Q.
Termination of Director. Termination will be the decision of the
Gaming Commission pursuant to the Tribe's Personnel Policies
and Procedures (Ordinance 83-6).
R.
Duties of Director. The Director shall, subject to the approval of
the Commission, perform all duties, exercise all powers, assume and
discharge all responsibilities, and carry out and effect all purposes
of this article relating to the regulation of all gaming activity.
In all decisions, the Director shall act to promote and ensure integrity,
security, honesty and fairness of the operation and administration
of all gaming activity. It will be the responsibility of the Tribal
Gaming Commission to develop and maintain job description(s) for the
Director(s) positions in accordance with this article and subject
to Ordinance No. 83-6, Personnel Policies and Procedures.
S.
Right of inspection; enforcement.
(1)
The Commission, the Director and their agents, inspectors, and employees
have the authority to:
(a)
Inspect and examine all premises wherein gaming is conducted or gambling
devices or equipment is manufactured, sold or distributed.
(b)
Inspect all equipment and supplies in, upon or about a gaming establishment
or inspect any equipment or supplies, wherever located, which may
or have been used in the gaming establishment.
(c)
Summarily seize and remove from a gaming establishment (or whatever
located) and impound such equipment or supplies for the purpose of
examination, inspection, evidence or forfeiture.
(d)
Demand access to and inspect, examine and audit all papers, books,
and records of applicants and licensees respecting any income produced
by any gaming business and require verification of income and all
other matters affecting the enforcement of the policy of or any of
the provisions of this code.
(e)
Seize and impound any patron's winnings which the Commission
may have reason to believe may have been won or obtained in violation
of this code pending a civil forfeiture hearing on such seizure.
(2)
For the purpose of administration and enforcement of this code, the
Commission, the Director and their investigative personnel may, if
deemed necessary by the Tribal Legislature, have the powers of the
peace officer of the Menominee Indian Nation for purposes of this
code only.
(3)
Commissioners and the Director shall each have full power and authority
to issue subpoenas and compel the attendance of witnesses for hearing
at any place within the Reservation, to administer oaths and to require
testimony under oath. Any process or notice may be served in the manner
provided for service of process and notices in civil actions. The
Commission and the Director may pay such transportation and other
expenses of witnesses as it may deem reasonable and proper.
T.
Confidentiality. The Gaming Commission shall ensure that all records
and information obtained as a result of an employee background investigation
shall remain confidential and shall not be disclosed to persons who
are not directly involved in the licensing process. Under no circumstances
shall information obtained during the course of an employee background
investigation be disclosed to members of management, human resources
personnel or others employed by the Tribal gaming operation. This
subsection does not apply to requests from or the furnishing of such
information or records to any tribal, federal or state law enforcement,
regulatory or judicial agency or to the use of such information or
records by the Commission and staff in performance of their official
duties.
U.
Violations of code; punishment. Any violation of this code shall
be punished by a fine of no more than $5,000 for each separate count
or violation or one year in jail, or both. Each day of violation shall
constitute a separate count or violation under this code. A violator
may also be required to pay court costs, storage fees, and auction
or sales fees. All property used or which may be used in activities
in each and every separate violation of this code may become the property
of the Tribe; persons may be prohibited from trespassing on premises
licensed under this code, licenses may be suspended, revoked, or limited
and/or establishments may be forcibly closed. All such action shall
be taken at the discretion of the Commission, subject to the right
of appeal to the Tribal Court. Winnings found to have been received
in violation of this code are forfeited and become the property of
the Tribe.
V.
Due process regarding enforcement actions. The Commission shall promulgate
regulations protecting due process rights of all individuals subject
to this article.
[Amended 1-5-2012 by Ord. No. 11-32; 5-2-2013 by Ord. No. 13-08]
A.
Mandatory license. Any person seeking to conduct, operate or manage any gaming activity on Indian lands, or any person seeking employment therefrom, shall apply for and receive all the required licenses and/or approvals from the Commission prior to engaging in such gaming activities in accordance with this section and § 347-36 of this Code.
B.
For all other gaming employees who are not primary management officials
or key employees, the Commission shall adopt application forms appropriate
to each job category.
C.
Criminal and background restrictions. No person may be employed as
a gaming employee in the operation or conduct of gaming, and no gaming-related
contractor shall employ any person in the course of performance under
the contract, if that person has been convicted of, or entered a plea
of guilty or no contest to, any of the following, unless the person
has been pardoned:
D.
Licensing and regulation of Class II and Class III gaming activity;
net revenue allocation; audits; contracts.
(1)
A separate license issued by the Commission shall be required for
each place, facility, or location on Indian lands within the Tribe's
jurisdiction at which any Class II or Class III gaming activity is
conducted.
(2)
The Commission may license and regulate a tribal-owned Class III
gaming activity if:
(a)
Such gaming activity is located on Indian lands within the Tribe's
jurisdiction and the Menominee Indian Tribe of Wisconsin and State
of Wisconsin Gaming Compact permits such gaming (and such gaming is
not otherwise specifically prohibited on Indian lands by federal laws);
[Amended 8-1-2013 by Ord. No. 13-26]
(b)
Except as provided in § 347-21, the Tribe will have the sole proprietary interest and responsibility for the conduct of such gaming activity;
(d)
Such gaming activity is subject to annual outside audits, which
may be encompassed within existing independent, tribal audit systems
and provided to the Legislature;
(e)
All contracts for supplies, services, or concessions for any
aggregate amount in excess of $25,000 annually relating to such gaming
are also subject to independent audits;
(f)
The construction and maintenance of the gaming facility and
the operation of that gaming are conducted in a manner which adequately
protects the environment and the public's health and safety;
and
(g)
All primary management officials and key employees of the Class
III gaming operation have successfully passed a background investigation
and have obtained licenses from the Commission.
E.
License fees. The Tribe may charge a license fee, to be set by the
Tribal Gaming Commission, to cover the expenses in investigating and
licensing key employees and primary management officials of the gaming
operation.
F.
Temporary employment licenses. The Commission may issue a temporary
employment license to any person or entity applying for a license
to work in a licensed gaming establishment which shall be valid pending
the background investigation of the applicant, but in no event longer
than 90 days.
[Amended 8-1-2013 by Ord. No. 13-26]
G.
Parameters of licenses.
(1)
Acceptance of a gaming license or renewal on the part of the licensee
shall constitute the licensee's agreement to be bound by all
of the regulations and conditions of the Director or Commission and
by the provisions of this code, as the same are now or may hereafter
be amended or promulgated, and to cooperate fully with the Director
and Commission. It is the responsibility of the licensee to keep informed
of the contents of such regulations, amendments, provisions and conditions,
and ignorance thereof will not excuse violations.
(2)
The licensee shall advise the Director within five business days
of being notified that he or she has been charged with any criminal
offense (misdemeanor or felony), other than minor traffic violations.
The licensee shall keep the Director advised of the status of the
matter, including any disposition of any other related written documents
the Director may request.
(3)
Persons subject to this Subsection J shall be periodically reviewed
(at least every two years) to determine whether they continue to meet
the requirements and limitations of this Subsection J.
(4)
In view of the less stringent background investigations contemplated
for employees who are neither primary management officials nor key
employees, licenses for such employees may be limited to the job category
for which employed or to non-primary management or key employee positions.
Should such employee subsequently obtain employment as a primary management
official or key employee, he or she shall apply for a license which
is not so limited.
H.
Licensing of distributors. The Commission may authorize, require
and issue such annual licenses as the Commission by regulation may
provide to any person or entity to engage in the selling, distributing,
or otherwise supplying of gambling equipment or paraphernalia for
use in connection with licensed gaming activity.
A.
Commission approval required.
(1)
Any management contract entered into by the Tribe for the operation
and management of a gaming activity must be submitted to the Commission
for approval, but before approving such contract the Commission shall
require and obtain the following information:
(a)
The name, address and other additional pertinent background
information on each person or entity (including persons comprising
such entity) having direct or indirect financial interest in, or management
responsibility for, such agreement.
(b)
A description of any previous experience that each person listed pursuant to Subsection A(1)(a) 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.
(c)
Any further or additional information as may be required under
the Tribal/State Compact entered into between the Tribe and the state.
(d)
Any further additional information as may be required pursuant
to IGRA, including all information required to be submitted to the
National Indian Gaming Commission pursuant to 25 CFR 533.3(d).
(3)
For purposes of this article, any reference to the management contract described in Subsection A(1) shall be considered to include all collateral agreements to such contract that relate to the gaming activity.
(4)
After the Commission has given its approval of a management contract,
the Commission shall submit such contract to the National Indian Gaming
Commission for its approval. The Commission may, in its discretion,
allow a management contract to be submitted to the National Indian
Gaming Commission pending approval by the Commission. Any management
contract shall be void until the Commission and the National Indian
Gaming Commission have approved it.
B.
Approval of management contracts. Commission action on management contracts and the rights of management contractors regarding such action are governed by § 347-19 of this article. The Commission may approve any management contract entered into by the Tribe pursuant to this section only if it determines that such contract provides at least for:
(1)
Adequate accounting procedures that are maintained and verifiable
financial reports that are prepared by or for the Legislature on a
monthly basis;
(2)
Access to the daily operations of the gaming by appropriate tribal
officials, who shall also have a right to verify the daily gross revenues
and income made from any such tribal gaming activity;
(3)
A minimum guaranteed payment to the Tribe that has preference over
the retirement of development and construction costs;
(4)
An agreed ceiling for repayment of development construction costs;
(5)
A contract term not to exceed five years, except that, upon the request
of the Tribe, the Commission may authorize a contract term that exceeds
five years but does not exceed seven years if the Commission is satisfied
that the capital investment required, and the income projections,
for the particular gaming activity require additional time;
(6)
Grounds and mechanisms for terminating such contract, but actual
contract termination shall not require the approval of the National
Indian Gaming Commission; and
(7)
Preference to tribal members and nonmember Indians in hiring of employees
for the gaming establishment.
C.
Percentage of net revenue fees.
(1)
A management contract providing for a fee based upon a percentage of the net revenues of a tribal gaming activity may be approved by the Commission if such percentage fee is reasonable in light of surrounding circumstances. Except as provided in Subsection C(2), such fee shall not exceed 30% of the net revenues.
(2)
Upon request of the Legislature, the Commission may approve a management
contract providing for a fee upon a percentage of the net revenues
of a tribal gaming activity that exceeds 30% but not 40% of the net
revenues if the Commission and Legislature are satisfied that the
capital investment required and income projections for such tribal
gaming activity require the additional fee.
D.
Contract disapproval. The Commission shall not approve any contract
if it determines that:
(1)
Any person listed pursuant to Subsection A(1)(a):
(a)
Is an elected member of the Legislature;
(b)
Has been or subsequently is convicted of any felony or gaming
offense;
(c)
Has knowingly and willfully provided materially important false statements of information to the Commission or the tribal officials who negotiate such contracts or has refused to respond to questions propounded pursuant to Subsection B; or
(d)
Has been determined to be a person whose prior activities, criminal
record, if any, or reputation, habits, and associations pose a threat
to the public interest or to the effective regulation and control
of gaming or create or enhance the dangers of unsuitable, unfair,
or illegal practices, methods, and activities in the conduct of gaming
or the carrying on of the business and financial arrangements incidental
thereto;
(2)
The management contractor has or has attempted unduly to interfere
or to influence for its gain or advantage any decision or process
of tribal government relating to gaming activity; or
E.
Modifying or voiding contract. The Commission, after notice and hearing,
shall have the authority to require appropriate contract modifications
or may void any contract if it subsequently determines that any of
the provisions of this section have been violated. If the Tribe elects
to contractually agree to resolve disputes in a manner other than
the revocation of a license, such contractual agreement shall supersede
any conflicting provisions of this section, so long as the agreement
provides a reasonable avenue for the Tribe to ensure a licensee's
compliance with all other aspects of this Gaming Code.
F.
Changes in ownership interest. Any transfer of an ownership interest in a management contract subsequent to approval of such contract by the Commission requires Commission approval under this section and is void until and unless so approved. The management contractor shall provide the information required under Subsection A(1) and (2) as to such transfer.
G.
Conveying interest in land. No management contract for the operation
of a gaming activity regulated by this article shall transfer or in
any other manner convey any interest in land or other real property,
unless specific applicable statutory authority exists and unless clearly
specified in writing in said contract.
H.
Fee for investigation cost. The Commission shall require a potential
contractor to pay a fee to cover the actual cost of the investigation
necessary to reach a determination required by this section.
A.
Minimum procedures for control of internal fiscal affairs; Minimum
Internal Control Standards. The Tribe acknowledges its obligation
to adopt and implement Minimum Internal Control Standards (MICS) for
the operation of its tribal gaming operation no less stringent than
those found in the regulations of the NIGC at 25 CFR 542 and the Tribal/State
Gaming Compact. The Tribe's MICS shall be set out in separate
regulations to be reviewed and approved by the Tribal Gaming Commission.
B.
Commission oversight of internal fiscal affairs. The Commission shall,
by regulation, require audits to be conducted no less frequently than
annually of the financial statements of all gaming operations. Such
audits must:
(1)
Be made by independent certified public accountants holding a permit
issued by the State of Wisconsin to practice public accounting;
(2)
Include an opinion that the financial statement fairly and accurately
presents the financial condition of the gaming operation in accordance
with generally accepted accounting principals (GAAP) and in accordance
with the standards of the accounting profession established by rules
and regulations of the Accounting Examining Board of the State of
Wisconsin and the American Institute of Certified Public Accountants;
[Amended 1-5-2012 by Ord. No. 11-32]
(3)
Disclose whether the accounts, records, and control procedures maintained
by the gaming operation are as required by the regulations promulgated
by the Commission; and
(4)
Provide for a preliminary review of the internal control structure,
upon adoption of the policies and procedures by the entity, to disclose
any deviation from prescribed rules and regulations and report such
findings to the Commission and management.
C.
Commission's right to conduct audit. The Commission shall be
able to retain its own appointed accountants or direct an accountant
employed by the Tribe to conduct its own audit of any gaming operation.
A.
List of undesirables. The Commission may, by regulation, provide
for the establishment of a list of persons who are to be excluded
or ejected from any duly licensed gaming operation. The list may include
any person whose presence in the gaming establishment is determined
by the Commission to pose a threat to the interests of the Tribe,
the State of Wisconsin, or to licensed gaming. Race, color, creed,
national origin or ancestry or sex must not be grounds for placing
the name of a person on the list.
B.
Notice and opportunity to be heard. The Commission shall promulgate regulations providing fair notice and opportunity to be heard to any individual whose name is on the list referred to in Subsection A. Such regulations must provide the person an opportunity to show cause why his or her name should be removed from the list. The individual may appeal any decision of the Commission to Tribal Court, pursuant to § 347-19O.
C.
Prohibition against listed individuals. It shall be a violation of this article for any licensee to knowingly fail to exclude or eject from the gaming establishment any persons placed on the list referred to in Subsection A. It shall be a violation of this article for any person whose name appears on the list referred to in Subsection A to enter into or engage in any game at a duly licensed gaming establishment.
D.
Prohibition against certain individuals. It shall be a violation
of this article for any licensee to knowingly fail to exclude or eject
from the gaming establishment any individual who:
All provisions of this article are subject to amendment by the
Menominee Tribal Legislature. All regulations promulgated by the Commission
are subject to proper revision, repeal or amendment by the Commission.
[Added 5-2-2013 by Ord. No. 13-08]
Notwithstanding any other provision of this article, the Menominee
Tribal Gaming Commission shall have no power or authority to regulate
nongaming activity or nongaming employees, nor any responsibility
for nongaming activity or nongaming employees. Any regulation, internal
control, or other rule of the Menominee Tribal Gaming Commission promulgated
and in place at the time of this amendment related to nongaming activity
or nongaming employees shall be null and void and of no effect as
of the implementation date of this amendment.
