No person shall conduct Class II gaming or Class III gaming
within the Reservation unless such gaming is conducted at a gaming
establishment licensed by the Commission. If gaming is proposed to
be conducted in more than one gaming establishment by any gaming operation,
a separate facilities gaming license shall be required for each such
gaming establishment where Class II gaming or Class III gaming is
conducted.
The license application and renewal fee (if required) shall
be as set forth by Commission regulation.
In order to obtain a facilities gaming license, the gaming operation
requesting such license shall submit an application on the form provided
by the Commission. The applicant shall include all of the following
information regarding the period for which the license is sought:
A. A description of the proposed gaming, including but not limited to:
(1) The type of proposed gaming, along with all instructions, policies,
procedures and other documents related to the proposed gaming;
(2) The number and types of gaming equipment and gaming devices proposed
to be in use within the gaming establishment; and
(3) The proposed days and hours of operation.
B. A description of the gaming establishment, including the layout of
the gaming equipment and gaming devices and the surveillance systems
in the gaming establishment;
C. Documentation accurately describing the proposed or current location
of the gaming establishment, which verifies that such location is
on Indian lands and, if Class III gaming is proposed, that the location
constitutes "eligible Indian lands";
D. A description of the security, police, fire protection and other
public safety services that will be available in the gaming establishment;
E. Copies of the proposed system of internal controls and accounting
procedures for the gaming operation;
F. The emergency operation plan for the gaming establishment; and
G. Schedule of all permits and approvals required under applicable tribal
health, environmental protection and building codes, including documents
verifying the current status of such permits and approvals.
In order to be eligible to be issued a facilities gaming license,
the applicant must submit documentation sufficient to permit the Commission
to determine that the following criteria are met:
A. The gaming establishment is or will be located on Indian lands and,
if applicable, "eligible Indian lands";
B. The proposed gaming establishment is duly authorized by tribal law
and by the gaming operation;
C. The Tribe or a tribal entity will have the sole proprietary interest
in the gaming establishment, notwithstanding the grant to other persons
of any security interests in tangible personal property of the gaming
establishment;
D. The gaming establishment's buildings and facilities have adequate,
safe and operational plumbing, electrical, heating, cooling and ventilation
systems in place;
E. The gaming establishment's buildings and facilities have been
inspected and approved for compliance with all applicable law by a
qualified and duly authorized building and fire inspector;
F. The gaming establishment will be constructed, maintained, and operated
in a manner that adequately protects the environment and the health
and safety of the public;
G. The gaming establishment is equipped with security and surveillance
equipment meeting or exceeding the tribal minimum internal control
standards established by the regulations;
H. The system of internal controls and accounting procedures for the
gaming operation will meet or exceed the requirements of the tribal
minimum internal controls, including requirements to ensure that financial
statements and charts of account for all gaming revenues will be preserved
and subject to audit;
I. The emergency operation plan for the gaming establishment is sufficient
and adequate to ensure the health and safety of the general public
in compliance with applicable federal and tribal law;
J. The gaming establishment's buildings and facilities meet all
other requirements of applicable federal and tribal law; and
K. The gaming operation has paid all applicable license fees and costs.
Any gaming operation that holds a facilities gaming license
shall comply with such reasonable conditions as may be prescribed
by the Commission, including the following:
A. The gaming operation shall operate and maintain the gaming establishment in a manner that meets the requirements set forth under §
8.5-95 of this chapter.
B. Prior to initiating any public use of the building or facilities at the gaming establishment, the gaming operation shall have received all required permits, approvals and certificate(s) of occupancy under Chapter
9.2, Construction and Health Codes, of the Tribal Code and other applicable tribal law and shall comply with all conditions imposed though such permits, approvals and certificates.
C. The gaming operation shall comply with all Internal Revenue Service
reporting and filing requirements.
D. Prior to initiating any gaming at the gaming establishment, all primary management officials, key employees and other employees required under this chapter or the regulations to be licensed shall obtain the appropriate licenses required in Article
VII.
E. The gaming establishment shall be subject to patrol by the gaming
operation's security personnel, the tribal police and, to the
extent expressly authorized by the Tribe, local and state law enforcement
departments. The licensee shall cooperate at all times with all security
personnel and law enforcement officers.
F. The gaming establishment shall be open to inspection by the Commissioners,
Commission staff and other duly authorized tribal authorities at all
times.
G. The gaming operation may not discriminate by reason of race, color,
national origin, sex, age, physical or mental disability, sexual orientation
or creed, provided that nothing herein shall prohibit the licensee
from complying with contracting and employment preference requirements
regarding Nottawaseppi Huron Band of the Potawatomi members and other
Native Americans pursuant to applicable tribal and federal law.
H. Licensees may not accept for cashing any public assistance check
from any federal, state or tribal agency, including social security
checks.
I. Licensees may not permit any person under the age of 21 to be employed
in any primary management official position.
J. Licensees may not permit any person under the age of 18 to be employed
in any key employee or other gaming or nongaming positions.
A gaming establishment license shall be valid for a period of
two (2) years from the date of issuance.
The gaming establishment license must be posted in a conspicuous
location at all times on the premises of each gaming establishment.