This chapter shall be known and may be cited as the "Nottawaseppi Huron Band of the Potawatomi Gaming Regulatory Act."
The Tribal Council of the Nottawaseppi Huron Band of Potawatomi Indians enacts this chapter in order to comprehensively regulate all forms of gaming within the Tribe's Reservation. Pursuant to the express grant of authority enumerated in Article VI, Section 1(e), (g), (h) (i), (k) and (n) and Section 3 of the Constitution and the inherent authority of the Tribe as a sovereign tribal nation to provide for the health, safety and welfare of the Nottawaseppi Huron Band of the Potawatomi, the Tribal Council enacts this gaming regulatory act.
A. 
All gaming conducted within the Tribe's Reservation and that is otherwise authorized by law shall be regulated and licensed pursuant to the provisions of this chapter.
B. 
The Tribal Council hereby finds and declares it to be the public policy of the Tribe, that:
(1) 
Proper regulation of gaming is essential in order to ensure that gaming is conducted honestly and it is free from unlawful conduct and corruptive elements.
(2) 
Strict regulation of all persons, locations, practices, associations and activities related to the conduct of gaming is required in order to maintain public confidence and trust in the honesty and integrity of gaming.
(3) 
All management contractors, primary management officials, key employees, gaming operations and vendors of goods or services must be licensed and controlled to preserve the integrity of gaming, to protect the public, and preserve the general welfare of the Tribe.
(4) 
The conduct of properly licensed and regulated gaming by the Tribe fulfills important policy objectives of the Tribe and the federal government by promoting tribal self-government and economic self-sufficiency.
(5) 
The substantial and relatively stable source of revenue offered by gaming enables the Tribe to fulfill its governmental responsibilities to the tribal membership.
This chapter is enacted by adoption of Tribal Council by Resolution No. 11-11-10-01, which also repeals the Gaming Ordinance under Title V enacted by adoption of Tribal Council Resolution No. 6-15-00-01 and approved by the National Indian Gaming Commission on June 19, 2000, as required by the Indian Gaming Regulatory Act (25 U.S.C. § 2701 et seq.). This chapter and the repeal of the Gaming Ordinance of 2000 shall only become effective upon the express approval of this chapter by the National Indian Gaming Commission. The repeal of the Gaming Ordinance of 2000, or any portion thereof, shall not have the effect of reviving any other tribal law repealed by adoption of the Gaming Regulatory Act of 2010 or any amendments thereto.
If any provision of this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.
All gaming within the Tribe's Reservation, whether Class I, Class II or Class III, is prohibited and unlawful, except as expressly authorized by the chapter. Any person who commits any act of unauthorized gaming on the Reservation or any other tribal land shall be guilty of a crime and shall be prosecuted in Tribal Court or any other court of competent jurisdiction.
All gaming shall be conducted by persons duly licensed by the Commission, except to the extent the Commission determines persons engaging in Class I gaming do not require licensing. No person licensed by the Commission shall engage in, conduct or condone any gaming that is not conducted in accordance with such regulations governing the conduct of games as may be promulgated by the Commission under this chapter.
A. 
Class I gaming. Class I social games and traditional games are permitted to the extent consistent with tribal custom and practice. The Gaming Commission may consult with the Tribal Council to determine the scope and definition, including prize limits, for games which will be considered Class I social games and traditional games recognized by the Tribe's customs and practices. The Gaming Commission may prohibit or regulate the conduct of Class I social or traditional games if it determines such regulation is necessary to promote the public policies behind this chapter.
B. 
Class II gaming authorized. Class II gaming, including online versions of Class II gaming and internet wagering on such games, is hereby authorized to be conducted on lands within the Tribe's Reservation; provided, however, that such Class II gaming shall be conducted only in accordance with the provisions of this chapter, the regulations and IGRA.
C. 
Class III gaming authorized. Class III gaming, including online versions of Class III gaming and internet wagering on such games, is hereby authorized on lands within the Tribe's Reservation; provided, however, that Class III gaming shall be conducted only in accordance with the provisions of this chapter, the regulations, IGRA and the Compact.
D. 
Internet wagering activities by persons located on the Tribe's Reservation is expressly authorized so long as such internet wagers are placed with a gaming establishment located in the State of Michigan that is authorized to receive internet wagers and such internet wagering is otherwise conducted in conformity with the "safe harbor" requirements of the Unlawful Internet Gambling Enforcement Act, 31 U.S.C. § 5362(10).
E. 
A gaming establishment licensed under this Act is authorized to accept internet wagers from persons located outside the Tribe's Reservation so long as such internet wagering meets the conditions described in § 8.5-85.1.
Except for internet wagering activities conducted in conformity with this Act and other applicable law, the Gaming Agency shall ensure that such gaming as it authorizes and licenses pursuant to this chapter is conducted on lands within the Tribe's Reservation and that federal law does not otherwise specifically prohibit such gaming.
The Tribe shall have the sole proprietary interest in and responsibility for any gaming operation authorized by this chapter; provided, however, that nothing herein shall prohibit the exercise by any secured party of its rights under any collateral lease or other financing agreement with the Tribe for the purpose of securing repayment of the debt obligations of the Tribe in accordance with the provisions of such agreements and other applicable tribal law.
A. 
Net revenues from any form of gaming authorized under this chapter shall be used only for the following public purposes of the Tribe:
(1) 
To fund tribal government operations and programs;
(2) 
To provide for the general welfare of the Tribe and its members;
(3) 
To promote tribal economic development;
(4) 
To make donations to charitable organizations; and
(5) 
To help fund operations of local government agencies.
B. 
The Tribe may only make per capita payments to tribal members from net revenues in accordance with a revenue allocation plan that may be approved or amended from time to time by the Tribal Council and the Secretary of the Interior.