[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
The purpose of this chapter is to authorize the Economic Development
Corporation, as established by its charter at 15 GTBC 2.01 et seq.,
as a gaming operator.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
The Economic Development Corporation is authorized to exercise
the sufficient powers in order to fulfill its duties:
(a)
To issue policy statements on the operation of gaming consistent
with the Band's overall policies on gaming;
(b)
To develop a system of procedures for all regulated gaming activity
and to submit the procedures to the Gaming Commission for consideration,
approval, and appropriate publication;
(c)
To propose a system of internal controls describing the personnel
requirements and procedures necessary to effectuate appropriate internal
controls, and to submit the proposed system to the Gaming Commission
for consideration, approval, and appropriate publication;
(d)
To develop personnel and company policies for its employees and operations;
(e)
To cooperate with the Gaming Commission to consult and make recommendations
to the Tribal Council regarding amendments to the Band's gaming
laws and policies;
(f)
To purchase, as a gaming operator, insurance from any stock or mutual
company for any property, or against any risk or hazard;
(g)
In its capacity as a gaming operator, to operate surveillance activities
for its gaming operations, the objectives of which must include reporting
information concerning compliance by gaming patrons and operation
employees with established tribal and federal rules and regulations;
(h)
For purposes of this Title 18, to deal in inventions, copyrights,
and trademarks; to acquire by application, assignment, purchase, exchange,
lease, hire, or otherwise; and to hold, own, use, license, lease,
and sell, either alone or in conjunction with others, the absolute
or any partial or qualified interest in and to inventions, improvements,
letters patent, and applications therefor, trademarks and applications
therefor, and trade names, provided that title to all such interest
shall be taken in the name of the Grand Traverse Band of Ottawa and
Chippewa Indians;
(i)
For the purposes of this Title 18, to borrow money and make, accept,
endorse, execute, and issue bonds, debentures, promissory notes, guarantees
or other obligations for money borrowed, or in payment for property
acquired or for any of the purposes of the EDC, and to secure payment
of any obligations by secured interest, mortgage, pledge, deed, indentures,
agreement, or other instrument of trust or by lien upon, assignment
of, or agreement in regard to all or any part of its property, assets,
or revenues;
(j)
To arbitrate, compromise, negotiate, or settle any dispute to which
it is a party relating to its activities under this Title 18;
(k)
To enter into, make, perform, and carry out any agreement, partnership,
joint venture, or other understanding with any federal, state, or
local governmental agency, tribe, person, partnership, corporation,
or other association or entity for any lawful purpose pertaining to
its business or which is necessary or incidental to the accomplishment
of its purposes under this Title 18;
(l)
To exercise tax powers vested in the Tribal Council by the Grand
Traverse Band Constitution, when such powers are delegated to the
EDC by the Tribal Council in a written resolution, and in accordance
with this Title 18 and other applicable laws;
(m)
With the prior approval of the Tribal Council, to make application
for, and accept, grants and other awards from private or public sources
to carry out or further its purposes under this Title 18;
(n)
To exercise all authority delegated to it or conferred upon it by
law, and to take all action which is reasonably necessary and proper
to execute the foregoing powers and any other authorities vested in
this Title 18, which it deems to be in the best interests of the Band;
(o)
As a gaming operator, to establish and maintain such bank accounts
as may be necessary or convenient.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a)
The Tribal Council delegates to the EDC the responsibility for appointing
one person to serve as gaming manager of each tribally-owned or tribally-operated
gaming facility.
(b)
A gaming manager must obtain and retain an employee license as a
primary management official under these regulations.
(c)
The gaming manager is responsible for managing and overseeing the
day-to-day operations of the gaming facility, and has such authority
as the EDC may delegate by written rules.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a)
All revenue of a tribally-owned or tribally-operated gaming facility
transferred by the EDC to the Band shall be held in the name of the
Band. The net revenue may only be expended by the Tribal Council by
resolution and only for the following purposes:
(b)
All net revenues shall be expended according to the GTB Revenue Allocation
Ordinance, 18 GTBC 1601 et seq.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a)
Any cash winning of an amount under $25,000 shall be paid in cash
or check by the gaming operation on the date it is won. A patron's
winnings of any amount $25,000 or greater shall be paid by check and
within 72 hours of the time it is won.
(b)
A gaming facility will comply with all applicable provisions of the
Bank Secrecy Act, P.L. 91-508, 31 U.S.C. §§ 5311 —
5314.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a)
A tribally-owned or tribally-operated gaming facility must carry
sufficient liability insurance to protect the public in the event
of an accident.
(b)
Nothing about this provision operates as an assumption of liability,
an admission of or contribution to fault, a waiver of sovereign immunity
or other defenses, or consent to suit in any jurisdiction or venue.
[History: Enacted by Tribal Council motion at a Tribal Council
Special Session on January 31, 2018.]
(a)
The EDC shall promulgate specific employee policies and procedures
for its gaming operations according to its business needs. The policies
and procedures must contain, at a minimum, the standards set forth
in this § 308.
(b)
Drug Testing:
(1)
An applicant for employment in a position within an EDC gaming operation
must submit to a drug and alcohol test as a condition of hire.
(2)
Employees in any position within an EDC gaming operation shall submit
to drug or alcohol testing at the request of appropriate EDC personnel
according to EDC policies. A request for a drug or alcohol test may
be made as part of a random survey, or following any incident or accident,
or based on a suspicion that the employee is under the influence of
drugs or alcohol.
(A)
Failure or refusal to submit shall result in the immediate termination
of employment.
(B)
If the drug or alcohol test indicates the presence of alcohol
or illegal drugs, the employee must be given an opportunity to participate
in counseling or rehabilitation for addiction. If the employee refuses
to participate, or fails to successfully complete the counseling or
rehabilitation, or if the employee was previously offered the opportunity
after failing a prior drug or alcohol test, then his or her employment
shall be terminated.
(c)
Time; Overtime; Exempt Employees.
(1)
The EDC shall track the time of all employees in a gaming operation
in increments of a forty-hour work week, consisting of seven consecutive
twenty-four-hour periods or 168 consecutive hours.
(2)
Non-supervisory employees in casino, restaurant, lodging, and administrative
divisions shall be paid 1 1/2 times their regular wage rate for
time worked in excess of 40 hours during a work week, unless exempt
by Subsection (c)(4) below.
(3)
Employees shall observe appropriate policies enacted by the EDC to
have overtime authorized in advance. Employees who participate in
a tip pool shall have overtime compensation calculated from the base
rate prior to adding in the tip pool.
(4)
Executive, administrative and professional employees, as defined
herein, of EDC gaming operations are not entitled to overtime pay
established by § 308(c)(2) above.
(A)
Executive employees are those with a primary management duty
and who regularly direct the work of two or more employees, or who
have the authority to hire, fire or promote any employee.
(B)
Administrative employees are those who do office work, or non-manual
work directly related to management operations.
(C)
Professional employees are those who require advanced training
or certification to perform professional services.
(d)
Minimum and Maximum Wages.
(1)
The EDC shall comply with minimum and maximum wage requirements as
set by Tribal Council. Differing rates may be set to distinguish employees
who participate in tip pools.
(2)
The maximum wage payable to any non-exempt employee shall be 5 1/2
times the minimum wage in effect by resolution of Tribal Council.
(e)
No person shall be required, as a condition of employment with any
division of the EDC, to:
(1)
Resign or refrain from voluntary membership in, voluntary affiliation
with or voluntary financial support of a labor organization;
(2)
Become or remain a member of a labor organization;
(3)
Pay dues, fees, assessments or other charges of any kind or amount
to a labor organization; or
(4)
Pay to any charity or other third party, in lieu of such payments
described in Subsection (e)(3) above, any amount equivalent to or
a pro-rata portion of dues, fees, assessments or other charges regularly
required of members of a labor organization.
