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.
A. 
Upon receipt of a complete application for a facilities gaming license, the Commission shall:
(1) 
Review the proposed facilities gaming license application to ensure that all threshold standards required by this chapter are met.
(2) 
Review the system of internal controls and accounting procedures to be used by the gaming operation.
(3) 
Review the layout of the games and surveillance systems for the gaming establishment, including any instructions, policies, procedures, internal controls or other documents related to the layout of games and surveillance systems.
(4) 
Review the emergency operation plan for compliance with the requirements of applicable tribal and federal laws.
(5) 
Review the schedule of permits and approvals required under applicable tribal law and consult as needed with the code enforcement officer responsible for review and approval of such permits and approvals.
(6) 
Review all aspects of the gaming establishment to ensure that it will be in compliance with the provisions of federal and tribal laws and regulations and the Compact.
(7) 
Take any additional steps necessary to ensure the integrity of gaming at the gaming establishment and by the gaming operation.
B. 
The Commission shall make its best effort to approve the facilities gaming license application within thirty (30) days following the receipt of a complete application. The Commission shall approve the gaming establishment license application unless the Commission determines that the gaming establishment fails to meet the applicable licensing standards under federal or tribal law or the Compact or that, based on reasonable grounds, the gaming establishment will be operated in violation of federal or tribal law or the Compact.
C. 
The Commission shall, at least fourteen (14) calendar days' prior to the date the Commission intends to hold the hearing to consider the license application, post notice of the application in a prominent public location in tribal government buildings and at the gaming establishment. The Commission shall also publish the notice at least twice in a local newspaper serving the Reservation. The Commission shall hold a public hearing to consider the application, in which the applicant, its attorney and any person protesting the application shall have the right to present sworn oral and documentary evidence relevant to the application. The Commission may close the hearing or portions thereof to the extent permitted by applicable tribal law or to consider those portions of the application containing confidential or proprietary information. At the conclusion of the hearing, the Commission shall determine whether to grant or deny the application based upon the Commission's determination of the best interests of the Tribe and compliance with this chapter.
D. 
If the Commission denies an application for a gaming establishment license, the Commission shall promptly notify the applicant of the specific reasons for such denial, provide a description of any corrective actions that the Commission determines will cure the deficiencies in the application, and inform the applicant of its right to appeal the determination in accordance with Article XI.
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.
A. 
Each facilities gaming license must be renewed every two (2) years.
B. 
In order to obtain a renewal of a license, the gaming operation shall submit a written renewal application to the Commission on the form provided by the Commission at least forty-five (45) days' prior to the date the current license will expire.
C. 
The Commission shall approve applications for a renewal license within thirty (30) days following the Commission's receipt of a complete application (and required documents) unless the Commission determines that the gaming establishment fails to meet the applicable licensing standards under federal or tribal law or the Compact or that, based on reasonable grounds, the gaming establishment will be operated in violation of federal or tribal law or the Compact. The Commission may, in its discretion, hold a public hearing to consider the application in accordance with the procedures described in Article X, provided that the Commission may close the hearing or portions thereof to the extent permitted by applicable tribal law.
D. 
If the Commission denies a renewal application, the Commission shall, within seven (7) calendar days, notify the applicant of the specific reasons for such denial, provide a description of any corrective actions that the Commission determines will cure the deficiencies in the application, and inform the applicant of its right to appeal the determination in accordance with Article XI.