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CONFEDERATED TRIBES of the COOS, LOWER UMPQUA AND SIUSLAW INDIANS TRIBAL CODE
TITLE
5 - REGULATORY PROVISIONS
CHAPTER
5-2 GAMING
5-2-1
Authority and Purpose
The
Tribal Council has authority to adopt this Gaming Code under the Tribal
Constitution Article VI - Section 2. The Constitution does not require approval
of the Code by the Secretary of the Interior. The Code is effective upon
approval of the National Indian Gaming Commission (NIGC) under the Indian Gaming
Regulatory Act (IGRA), retroactive to the date of enactment of the Code. The
purpose of this Code is to set forth the terms for Class II and Class III gaming
operations on tribal lands.
5-2-2 Gaming
Authorized
Class II and III gaming as defined in the IGRA, P.L.
100-447, 25 U.S.C., Section 2703 (7)(A) (IGRA) and by the regulations declared
by the NIGC at 25 C.F.R. § 502.3 is hereby authorized.
5-2-3
Definitions
The
following definitions shall apply:
(a)
Bylaws: the operating document of the
Confederated Tribes of the Coos, Lower Umpqua and Siuslaw Indians (Tribes)
Gaming Commission.
(b) Chairman:
the Chairman of the NIGC.
(c)
Class I Gaming: social games played solely for prizes of minimal
value, or traditional forms of Indian gaming when played by individuals in
connection with tribal ceremonies or celebrations.
(d) Class
II Gaming:
(1)
Bingo or lotto (whether or not electronic, computer or other
technologic aids are used) when players:
(A) Play for prizes with cards bearing numbers or other designations;
(B) Cover
numbers or designations when objects, similarly numbered or designated, are
drawn or electronically determined; and
(C) Win
the game by being the first person to cover a designated pattern on such cards;
(2) If played in the same location
as bingo or lotto, pull-tabs, punch boards, tip jars, instant bingo, and other
games similar to bingo;
(3)
Nonbanking card games that:
(A) State law explicitly authorizes, or does not explicitly prohibit, and
are played legally anywhere in the state; and
(B) Players
play in conformity with state laws and regulations concerning hours, periods of
operation and limitations on wagers and pot sizes;
(e)
"Class III Gaming":
all forms of gaming not classified Class I or II including but not
limited to:
(1) Any
house banking game, including but not limited to:
(A) Card games such as baccarat, chemin de fer, or blackjack (21), and
pai gow (if played as house banking games)
(B)
Casino games such as roulette, craps and keno;
(2) Any slot machines as
defined in is U.S.C. 1171(a) (1) and electronic or electromechanical facsimiles
of any game of chance;
(3) Any
sports betting and pari-mutuel wagering including but not limited to wagering on
horse racing, dog racing or jai alai; or
(4)
Lotteries.
(f) Commission: the
Tribes' Gaming Commission
(g)
Corporation: the Blue Earth
Federal Corporation (BEFC), a tribally chartered corporation responsible
for tribal economic development.
(h) Gambling
Device:
(1) Any
so-called 'slot machine', or any other machine or mechanical device an essential
part of which is a drum or reel with insignia thereon, and
(A) Which
when operated may deliver, as the result of the application of an element of
chance, any money or property, or
(B) By the operation of
which a person may become entitled to receive, as the result of the application
of an element of chance, any money or property; or
(2)
Any other machine, mechanical
device (including, but not limited to, roulette wheels and similar devices),
electromechanical or electronic device designed and manufactured primarily for
use in connection with gambling, and
(A) which
when operated may deliver, as the result of the application of an element of
chance, any money or property, or
(B) by
the operation of which a person may become entitled to receive, as the result of
the application of an element of chance, any money or property; or
(C) any subassembly or essential part intended to be used in
connection with any such machine, mechanical device or electromechanical or
electronic device, but which is not attached to any such machine, mechanical
device or electromechanical or electronic device as a constituent part.
(i)
Gaming Establishment or Premises:
Any facility where gaming, other than Class I gaming is operated or
conducted, and includes all buildings, improvements, equipment and facilities
used or maintained in connection with such gaming.
(j)
Gaming Operation: Each
economic entity licensed by the Tribes, operates the games, receives the
revenues, issues the prizes, and pays the expenses.
A gaming operation may be operated by a tribe directly or a management
contractor.
(k) Gross
Revenue: The total monetary value due any operator of a gaming
activity for any chance taken, for any table fees for card playing, or other fee
for participation or admittance, as evidenced by required records. The value
shall be stated in U.S. currency, before any deductions or allowances for
prizes, payout of winnings, cost of operation, taxes, labor expenses, equipment
or materials used, or any other expenses. In
the absence of records, gross revenue shall be the maximum that would be due to
an operator from that particular activity if operated at maximum capacity.
(l)
Tribes' Indian Land or Indian Lands:
(1)
Land within the limits of the Tribes' Indian Reservation; or
(2) Land
over which the Tribes exercise governmental power and that is either:
(A) Held
in trust by the United States for the benefit of the Tribes or any Indian
individual; or
(B) Held
by an Indian Tribe or individual subject to restriction by the United States
against alienation.
(m)
Key Employee:
(1) A person performing one (1) or
more of the following:
(A) bingo caller,
(B) counting room
supervisor,
(C) chief of security,
(D) custodian of gaming supplies or cash,
(E) floor manager,
(F) pit boss,
(G) dealer,
(H) croupier,
(I) approver of credit, or
(J) custodian of gambling
devices including persons with access to cash and accounting records within such
devices;
(2)
Any other person whose
total cash compensation is in excess of fifty thousand dollars ($50,000) per
year; or
(3)
The four (4) most highly compensated persons in the gaming
operation.
(n) Licensee:
Any person who holds a valid and current license pursuant to the
provisions of this Gaming Code.
(o)
Management Contract: Any
contract, subcontract, or collateral agreement between the Tribes 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.
(p) Management Fee:
Any amount paid from gaming revenue to any person or entity contracted
and/or licensed to operate a gaming facility.
Such terms shall not include amounts paid for operating expenses.
(q)
NIGC: The National Indian Gaming Commission
(r)
Net Revenue: Gross gaming
revenues of the operation less amounts paid out as, or paid for, prizes; and
total gaming-related operating expenses, excluding management fees.
(s)
Operating Expense: Any expense incurred in daily operations of a gaming
activity specifically designated as operating expenses in a management contract.
(t) Primary
Management Official:
(1) The
person having management responsibility for a management contract;
(2) The
person with authority to hire and fire employees, or set up working policy for
the operation; and
(3) The Chief Financial Officer or other person who has financial
management responsibility.
(u)
State: The State of Oregon
(v) Tribal State Compact or Compact:
The agreement negotiated and executed by the Tribes and an official or agency of
the State and approved by the Secretary of the Interior pursuant to 25 U.S.C.
2710(7)(B)(vii), governing the conduct of Class III gaming on Indian lands.
(w)
Tribes: The Confederated
Tribes of the Coos, Lowers Umpqua & Siuslaw Indians of Oregon.
(x) Tribal
Council or Council:
The Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and
Siuslaw Indians of Oregon.
(y)
Tribal Court or Court: The
Tribal Court of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw
Indians of Oregon.
5-2-4
Ownership
The
Tribes shall have sole proprietary interest in and responsibility for conducting
any Class II and Class III gaming operations authorized by this Code.
5-2-5 Unauthorized
Gaming
The Tribes shall prosecute in Tribal Court any person
conducting or taking part in unauthorized Class II or Class III gaming on Indian
land unless the Tribal Court lacks criminal jurisdiction. In that case, the
Tribes shall sue such persons in any court of competent jurisdiction.
5-2-6 Use
of Revenue
Revenue from Class II and Class III gaming shall be
used only for the following: funding tribal government operations and programs;
providing for the general welfare of the Tribes and their members; promoting
economic development; donations to charitable organizations, or helping to fund
operations of local governmental agencies.
At least ten percent (10%) of net revenues after debt service shall be
allocated to Tribal endowments for increased health care benefits, education and
housing. The Tribal Administrator shall make this calculation at the end of the
first quarter after the end of each full year of operation.
5-2-7
Tribes' Gaming Commission
(a)
The Tribes' Gaming Commission is hereby established. The Commission shall
consist of three (3) members appointed by a majority vote of the Council. There
shall be at least two (2) Tribal members on the Commission. Commission members
must have one (1) year of relevant experience.
All Commission members must be at least twenty-five (25) years of age.
Commission membership shall include one (1) each of the following persons:
(1) The Chief Law Enforcement Officer of the Tribes who shall also be the
Chief Enforcement Officer for the Commission, and who shall be appointed by the
Tribal Council.
(2) A person with management or
regulatory experience, and
(b)
Commissioners, other than the Chief Enforcement Officer, shall serve three- (3)
year terms and may be removed from office prior to the end of their term only
for cause and by unanimous vote of six (6) Council members at an open, regular
meeting.
(c)
In order to establish staggered terms, the Council shall appoint as follows: one
(1) shall serve a two- (2) year term and one (1) shall serve a three- (3) year
term, (initial terms only). After the initial term, all subsequent terms of
appointment shall run for three (3) years. Vacancies shall be filled within
thirty (30) days by the Commission, with the approval of Council, provided, however,
that a Commissioner whose term has expired shall hold their seat until it is
filled.
(d)
Commissioners may hold other tribal positions and may engage in business
and gamble in any gaming operation; provided, however, that they may not be
employed in or own any interest in or gamble in a gaming operation authorized by
this Code.
(e) Commissioners who are not tribal employees shall be
compensated at a rate established annually by the Commission and approved by the
Council. Commissioners shall be reimbursed for actual expenses incurred on
Commission business, including necessary travel expenses.
(f)
The Commission shall adopt bylaws for the conduct of business, which
shall include the following provisions:
(1) The
Commission shall select annually from its membership a chairperson, who shall
have the power to convene special meetings with not less than forty-eight (48)
hours written or verbal notice to members of the commission.
(2)
General meetings of the Commission shall be open to the public.
(3) The
Commission may go into executive session, but may only take official action
while in executive session on Commission personnel and licensing matters.
(4)
A quorum shall consist of three (3) members. All decisions shall
be made by a majority vote unless indicated otherwise in this Code or the
Bylaws.
(g) The Commission shall make quarterly reports to the
Council within thirty (30) days of the end of each quarter. The reports shall
include a full and complete statement of gaming revenues paid to the Tribes,
expenses and all other financial transactions, and a summary of all licensing
and enforcement actions.
(h)
The Commission shall exercise all powers necessary to regulate Class II and
Class III gaming. The Commission shall meet not less than once every two (2)
months to hear recommendations and set policy, to hear reports from the Director
and transact other business. The Commission shall publicize rules and
regulations for the operation of any gaming establishment and hear and resolve
all disputes regarding any provision of the Code. In all decisions, the
Commission shall act to promote and ensure integrity, security, honesty and
fairness of operation and administration of all gaming activities. The
Commission shall have the authority to deny an application, limit, condition,
suspend or restrict any license, make a finding of suitability or approval of a
license, or a finding of suitability or approval of or the imposition of a fine
upon any person licensed for any cause deemed reasonable.
(i)
The duties of the Commission shall include:
(1) Processing
all license applications, making determinations regarding the suitability of
persons for licensing, issuing licenses to qualified persons and notifying the
NIGC of the issuance of such licenses as required by the IGRA;
(2) Denial,
limitation, revocation, rescission or suspension of any license when deemed
necessary under the provisions of this or any related Law of the Tribes or any
applicable Federal or State law;
(3) Causing
to be conducted background investigations on all Primary Management Officials
and Key Employees and members of the Commission;
(4) Printing
and making available all necessary license application forms and appropriate
licenses;
(5) Collecting
license fees imposed pursuant to this Code;
(6) Inspecting
and examining all premises, equipment and supplies where gaming is conducted or
gaming devices or equipment are stored, sold or distributed;
(7)
Inspecting and reviewing all gaming contracts to ensure compliance with
this Code; and inspecting and reviewing all records, books and financial
documents relating to the conduct of gaming to determine compliance by the
licensee with this Code and any other applicable law;
(8)
Promulgating and amending such substantive and procedural regulations as
the Commission deems necessary to carry out this Code, but only upon thirty (30)
days' notice of the proposed rule-making, which notice shall be published and
posted at the gaming facility, the Tribal offices and the Tribal Hall, and
provided to the Council, the Board of Directors of the Blue Earth Federal
Corporation and of any licensed gaming facility;
(A) The notice shall specify the purpose of the proposed regulation the
language of the proposed regulation, and the factors the Commission has
considered in its determination to enact the proposed regulation, and an address
at which the Commission shall receive comments.
(B) During the notice period the Commission shall receive comments
regarding the proposed regulations at the Commission offices, or at a designated
mailing address.
(C) The
Commission shall consider comments received by it at an open public meeting; the
Commission shall make a final determination regarding the need for the proposed
regulation, the language of the proposed regulation, and the effective date of
the proposed regulation on the basis of the information available to the
Commission.
(9) Consulting
with Tribal Attorneys on legal questions, appeals and rule making;
(10) Imposing civil penalties or other sanctions including seizure of
property, after a hearing as provided by this Code;
(11) Defending the Code in any court with proper jurisdiction or before
any federal agency, however, any reference to legal action shall not be deemed a
waiver of the Tribes, sovereign immunity from suit.
(12) If the Tribal Council does not cause an outside independent audit of
all gaming activities as required by IGRA and such an audit of the Contract
related to gaming, the Commission shall cause same to be conducted, as required
by section (i) of this Code.
(j)
A Commissioner's seat shall be immediately vacant upon conviction of any
felony or serious tribal crime, conviction of any misdemeanor related to illegal
gambling or bribery, or upon having three (3) consecutive unexcused absences
from Commission meetings. Cause for removal of a Commissioner shall include but
not be limited to: excessive use of intoxicants which impairs performance of
duties, use of a tribal position for personal gain, failure to perform
Commission duties adequately or according to this Code, violation of any law of
the Tribes and bringing discredit or disgrace to the Commission or the Tribes.
(k) The Commission
may organize itself into divisions, as it may deem necessary. The Commission
shall establish its own budget, as approved by the Tribal Council, for
operations, including a budget for the Director, and acquire such furnishings,
equipment, supplies, books, 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. Within the
limits of its approved budget, the Commission shall employ and fix the salaries
of, or contract for, the services of such personnel and consultants as the execution of its
duties require. The annual Commission budget shall be published with the Tribes'
Annual Budget
(l) At the end of the budget year any surplus
funds shall be refunded to the Council at the Council's discretion.
(m)
The Commission and the Director shall maintain files and records as they deem
desirable and all such records may be open to Council inspection as Council
deems appropriate. Files and records shall not be removed from the Commission
offices.
(n)
Until the Commission begins operation, Tribal Council shall act as the
Commission. Until the Commission is fully operable, Tribal Council, at Tribal
Council's discretion, continues to perform some Commission functions.
5-2-8 Commission
Director
(a)
The Tribal Council shall hire a Chief Law Enforcement Officer of the Tribes, who
shall also be the Commission Director and who shall be responsible for the
day-to-day monitoring of gaming activities, the Director's qualifications shall
include experience in law enforcement management. No one convicted of a felony
of any kind or a serious tribal crime or misdemeanor related to illegal gambling
or bribery can serve as Director. The Director shall not have any personal
financial interest in any gambling by anyone.
(b)
The terms of the contract with the Director will be negotiated and approved by
the Council. The Director's compensation shall be part of the negotiations.
(c) The Director shall be
terminated automatically and immediately upon the Director's conviction in a
federal or state court of competent jurisdiction for any felony or for any
serious tribal crime or for any misdemeanor related to illegal gambling or
bribery. If the Director is convicted of violating any part of this Code, or of
a crime the Commission finds relates to the Director's honesty or ability to
fulfill his duties he shall be immediately terminated.
(d) The Director shall,
together with the Commission, perform all duties, exercise all powers, assume
and discharge all responsibilities, and carry out and effect all purposes of
this Code related to the establishment 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. The duties
of the Director shall include but not be limited to the following:
(1) Ensure that gaming management is carrying out its legal
responsibility, including responsibilities as provided for in a gaming
Management Contract if one exists;
(2) Conduct correspondence with the NIGC and doing whatever is necessary
to comply with the rules and regulations of that agency. This includes assuring
an annual outside audit of authorized gaming be performed as required by the
IGRA, and providing it to the NIGC;
(3)
Assure there is an adequate system for
background investigations of employees of any gaming establishment and that
oversight of such officials and management is conducted on an ongoing basis. The
Director will assure that all applications and background investigations are
completed so that no person shall be eligible for employment in or with any part
of the gaming operation if that person's prior activities, criminal record, if
any, or reputation, habits and associations pose a threat to the public interest
or to the effective regulation of gaming, or create or enhance the dangers of
unsuitable, unfair, or illegal practices and methods and activities in the
conduct of gaming. The Director shall assure that the NIGC is given results of
such background checks.
(4) Review all records, documents, and anything else necessary and
pertinent to enforcement of any provisions of this Code.
(5) Recommend to the Commission whether sanctions should be imposed on
any person subject to the jurisdiction of this Code.
5-2-9
Audit
(a) If the Tribes do not
authorize an annual independent audit of the operation, the Commission shall
authorize one and shall submit the results of the audit to NIGC.
(b) All gaming contracts
that result in the purchase of supplies, services, concessions or other subject
matter that the Commission determines is related to gaming in excess of ten
thousand dollars ($10,000) annually, except contracts for legal and accounting
services, shall be specifically included in the audit.
5-2-10
Construction, Maintenance and
Operation of Facility
Class II and III facilities
shall be constructed, maintained and operated in a manner which protects the
environment, public health and safety. This shall include compliance with the
Uniform Building Code, until the Tribes adopt their own building code.
5-2-11
License Applications for Key Employees/Primary Management Officials
(a) The Commission
shall develop license application forms for key employees and primary management officials, which
shall include requests for all information listed in this section and in section
5-2-10.
(b) The following notice
shall be placed on the application form with a signature block, to be signed by
persons applying for positions classified as Key Employee or primary Management
official:
(c) Pursuant to the Privacy
Act of 1974, the following is provided: Solicitation of the information on this
form is authorized by 25 U.S.C. 2701 et seq. The information will determine the
eligibility of persons applying for gaming operation positions. The information
will be used by NIGC members and staff who have need of the information to
perform their official duties. The information may be disclosed to Federal,
Tribal, State, local or foreign law enforcement and regulatory agencies when
relevant to civil, criminal or regulatory investigations or prosecutions, or
pursuant to a requirement of the Tribes or the NIGC in connection with hiring or
firing an employee, issuance or revocation of a gaming license or investigations
of activities while associated with the Tribes or gaming operations. Failure to
consent to the disclosures indicated will result in the Tribes being unable to
hire you for a primary management official or key employee position.
The disclosure of your
Social Security Number (SSN) is voluntary. However, failure to provide your SSN
may result in errors in processing your application.
(d)
The following notice shall be placed on the application for key employees or
primary official:
A false statement on any
part of your application may be grounds for not hiring you, or for firing you
after you begin work. Also, you may be punished by fine or imprisonment for
making a false statement.
5-2-12
Background Investigations
Each applicant for
Commission membership, primary management official and key employee shall
provide all of the following information. In addition, the Commission shall
ensure that an investigation is conducted as described under section 5-2-11
above.
(a) Full name, other names
used (oral or written) including nicknames, social security number(s) birth
date, place of birth, citizenship, gender, all languages spoken or written.
(b) All the
following information currently for the previous five (5) years: business and
employment positions held, ownership interests in those businesses, business and
residence addresses, and drivers license numbers.
(c)
Names and current addresses of three (3) personal references, including
references acquainted with applicant during each period of residence listed
under paragraph (b) above.
(d)
Current business and residence telephone numbers.
(e)
A description of any existing and previous business relationships with
Indian Tribes, including ownership interests in those businesses.
(f) A description of any
existing and previous business relationships with the gaming industry in
general, including ownership interests in those businesses.
(g) The name and address of
any licensing or regulatory agency where the applicant has filed an application
for a license or permit related to gaming, whether or not a license or permit
was granted.
(h) The name and address of
any licensing or regulatory agency with which the person has filed an
application for an occupational license or permit, whether or not such license
or permit was granted.
(i) For each felony where
there is a conviction or an ongoing prosecution: charge, name and address of the
court involved, and the date and disposition if any.
(j) For each misdemeanor or
infraction conviction or ongoing prosecution (except minor traffic violations)
within the past five (5) years: the name and address of the court involved, date
and disposition if any.
(k) For each criminal
charge (except minor traffic charges), whether or not convicted, if within the
past five (5) years and not otherwise listed: the charge, name and address of
the court, date and disposition if any.
(l) Current photograph, or
photo identification.
(m)
Any other information the Commission may deem relevant
(n) Fingerprints consistent
with procedures adopted by the Commission according to 25 C.F.R. § 522.2(h).
5-2-13
Eligibility Determination
The Chair of the Commission
or his or her delegate shall review prior activities, criminal records (if any)
reputation, habits and associations of applicants to determine eligibility for
appointment to the Commission and Director, and employment and licensure for key
employee or primary management official positions. If the Chair or his/her
delegate determines that appointment, employment or licensure of the individual
would pose a threat to the tribal interest or the effective regulation of
gaming, or would create or enhance the danger of unsuitable, unfair, or illegal
practices or activities, the Tribes shall not appoint, employ or license the
individual.
5-2-14
Procedures for Forwarding
Applications and Reports for Key Employee and Primary Management Official to
NIGC
Employees hired for key
employee or primary management officer positions shall remain on probation until
the background investigation is completed regardless of the time involved,
(a) When the decision to
hire a key employee or primary management official is made, the Commission shall
begin the background investigation, and forward to NIGC copies of the
individuals, application.
(b) The Commission shall
ensure completion of the background investigation within sixty (60) days, and
shall forward the report to NIGC.
(c) Any person employed as
a key employee or primary management official must provide proof of a license
upon demand by the Commission, or by the state if the person is engaged in Class
III activity.
(d)
Upon the firing of a key employee or primary management official, the Commission
shall notify the NIGC and shall submit copies of the reasons for termination to
NIGC which shall be included in the Indian Gaming individuals Records System (IGIRS)
(e) Applications for
employment and reports shall be held for a period of not less than three (3)
years from the date of termination, and shall be made available for inspection
by the Chairman of the NIGC or his/her designee.
5-2-15
Investigative Report to NIGC
(a)
Pursuant to the procedures set out in section 5-2-12 of this section, the Tribes
shall prepare and forward to the NIOC an investigative report on each background
investigation. An investigative report shall include all of the following:
(1)
Steps taken in conducting a background investigation;
(2) Results obtained;
(3) Conclusions reached; and
(4) The bases for those conclusions.
(b) The Tribes shall
submit, with the report, a copy of the eligibility determination made
under section 5-2-11 of this section.
(c)
If a license is not issued to an applicant, the Tribes:
(1) Shall notify the NIGC, and
(2) May forward copies of its eligibility determination and investigative
report (if any) to the NIGC for inclusion in the IGIRS.
(d)
With respect to key employees and primary management officials, the Tribes shall
retain applications for employment and reports (if any) of background
investigations for inspection by the Chairman of the NIGC or his/her designee
for no less than three (3) years from the date of termination of employment.
5-2-16
DRUG TESTING
Each
Commission Member, primary management official and key employee, upon selection
or hire, shall undergo urinalysis to test for drug use.
5-2-17
Granting of Gaming License
(a)
If, within thirty (30) days after NIGC receives a report, NIGC notifies the
Tribes that it has no objection to the issuance of a license, the Commission may
issue a license to the applicant.
(b)
The Commission shall respond to requests for information from the Chair
concerning key employees or primary management officials who are the subject of
a report. The request shall suspend the thirty- (30) day period until the Chair
receives the information requested.
(c)
If, within the thirty- (30) day period, NIGC provides the Tribes with a
statement of objection, the Commission shall reconsider the application. The
Commission shall make a final decision after considering the objections of the
NIGC.
5-2-18
Management Fees
Management
fees shall be a percentage (%) of net revenue no higher than twenty percent
(20%), unless capital investment and income projections justify an additional
percent. Such additional percentage shall be no higher than fifteen percent
(15%).
5-2-19
Licensing of Gaming
(a)
The Commission is hereby authorized to issue all licenses for the conduct of
Class II and Class III gaming activities.
(b)
The Commission
shall ensure that:
(1) Such gaming activity is located on Indian lands within the Tribes'
jurisdiction, and the State of Oregon permits such gaming for any purpose by any
person, organization or entity (and such gaming is not otherwise specifically
prohibited on Indian lands by Federal laws);
(2)
The Tribes will have the sole propriety interest responsibility for the conduct
of such gaming activity;
(3) Net revenues from such Gaming Activity are used in accordance with
Section 5-2-6 of this Code;
(4)
Such gaming activity is subject to annual outside audits,
which may be encompassed within existing independent tribal audit systems, and
provide to the Council;
(5) All contracts for supplies, services, or concessions for an aggregate
amount in excess of ten thousand
dollars ($10,000) annually relating to such gaming are also subject to
independent audits;
(6) The construction and maintenance of the gaming facility, and the
operation of that gaming is conducted in a manner which adequately protects the
environment and the public health and safety; and
(7) All primary management officials and key employees of the Class II
gaming operation have successfully passed a background investigation, which is
approved by the Tribes and the NIGC.
(c) The Commission shall
authorize Class I Gaming Activity to be played on Indian lands that are within
the jurisdiction of the Tribes upon reasonable request.
(d) The Commission shall
consult with appropriate law enforcement officials concerning any gaming
licenses it may issue. If, after issuance of a gaming license, the Commission
receives reliable information from the NIGC, the State Police or any other
source that a primary management official or key employee does not meet the
standard established under 5-2-11 of this Code, the Commission shall suspend
such license and, after notice and hearing, may revoke such license.
(e) The Commission shall set a fee for
applications, background investigations, and licenses. All such fees shall be
made payable to the Tribes and delivered to the Tribal Accounting Department.
(f) An applicant for
licensing shall make true and full disclosure of all information to the Director
and the Commission.
5-2-20
License Locations
The
Commission shall issue a separate license to each gaming establishment or
location on Indian land where Class II or III gaming is conducted under the
provisions of this Code.
5-2-21
Prohibition Against Certain Individuals
(a)
It shall be a violation of this Code for any licensee to knowingly fail
to exclude or eject from the gaming facility any individual who:
(1)
Is under the influence of liquor or any narcotic or such other substance;
(2) Is under the age of eighteen (18) years of age;
(3) Engages in disorderly conduct; or
(4) Is armed and not engaged in legitimate law enforcement
activity.
5-2-22
Unlawful Acts
(a) It is unlawful for any person:
(1)
To alter or misrepresent the outcome of a game or other event on which wagers
have been made after the outcome is sure but before it is revealed to the
players;
(2)
To place, increase or decrease a bet or to determine the course of play after
acquiring knowledge, not available to all players, of the outcome of the game or
that is the subject of the bet or wager;
(3)
To aid anyone in acquiring knowledge as set forth in subparagraph (2), for the
purposes of increasing or decreasing a bet or wager, or for the purpose of
determining the course of play contingent upon that event or outcome;
(4)
To claim, collect or take, or attempt to claim, collect or take, money or
anything of value in or from a gambling game with intent to defraud, without
having made a wager contingent thereon, or to claim, collect or take an amount
greater than the amount won;
(5) Knowingly entice or induce another to go to any place where a
game is being conducted or operated in violation of the provisions of the chapter, with the intent that the
other person play or participate in the game;
(6)
To place or increase a bet or wager after acquiring knowledge of the outcome of
the game or event which is the subject of the bet or wager, including
past-posting and pressing bets;
(7) To reduce the amount wagered or cancel the bet after acquiring
knowledge of the outcome of the game or other event which is the subject of the
bet or wager, including pinching bets;
(8) To manipulate with intent to cheat, any component of a
gambling device in a manner contrary to the designed and normal operational
purpose for the component, with knowledge that the manipulation affects the
outcome of the game or with knowledge of any event that affects the outcome of
the game;
(9) Except as specifically permitted by the Director, with approval of
the Commission, to possess with the intent to use, or use at any table game, any
calculator, computer, or other electronic, electrical, or mechanical device to
assist in projecting an outcome at any table game, to keep track of or analyze
the cards having been dealt, to change probabilities of any table game or the
playing strategies to be utilized;
(10) To trespass upon any premises licensed by this Code without the
consent of the licensee and/or the Commission; or
(11)
To take anything of value from a gaming facility without
authorization.
(b) Any person who engages
in activities on property subject to this Code without a license, in violation
of a license or terms imposed thereon, in violation of any regulation,
provision, or amendment of this Code shall be in violation of the Code.
(c) No fine shall be
assessed nor any action taken for any violation under this section unless a
charge is filed in proper form with the Commission or Tribal Court, within one
(1) year of the commission of the offense.
(d) Council Members,
Commissioners, Corporate Board Members, the Director and their immediate
families shall receive no personal compensation, gift, reimbursement or payment
of any kind from any person doing or wishing to do business with the Tribes
relating to gaming nor from any person wishing to obtain an unfair advantage in
any authorized wager on gaming. Any property received in violation of this
provision, including cash payments, shall be immediately forfeited to the Tribes
and the offending persons shall be prosecuted to the full extent possible under
tribal law for accepting a bribe. The Commission shall cooperate to the fullest
extent possible with any Federal or State law enforcement agency to pursue
prosecution under applicable Federal or State law.
5-2-23
License 'Suspension
(a) If, after issuing a
license, the Director receives reliable information that a key employee or
primary management official is not eligible for employment, or has violated this
Code or Tribal Health and Safety Codes, the Director shall suspend the license
and notify the licensee and the Commission in writing of the suspension and
proposed revocation.
(b)
The notice to the licensee shall include the time and place for a hearing on the
revocation. The date for hearing shall be no later than ten (10) days from the
date of the notice, provided, however, that the Director may extend the time at
the request of the licensee.
(c) After the hearing, the
Director shall issue a certification of facts and decide whether to revoke or
reinstate the license. The Director shall notify NIGC of the decision.
5-2-24
Appeals
(a) Should an applicant or
licensee disagree with a decision of the Director, she/he shall file an appeal
with the Commission within ten (10) days. The Commission shall hold a hearing on
the record to review its decision within twenty (20) working days from the date
an applicant or licensee files their disagreement with the Commission. An
extension of up to twenty (20) days may be granted at the request of licensee.
The burden shall be on the licensee or applicant to prove that the Director's
decision was incorrect.
(b) Following such hearing,
the Commission shall, within seven (7) days, reach a determination
concerning:
(1) The accuracy of the certification of facts,
(2)
Whether the license in question should be granted, continued, suspended,
revoked, conditioned, or limited, and
(3) Whether or not any other action recommended to the Commission
including, but not limited to, forfeitures, should be taken.
The Commission's
determination shall be in writing with findings of fact and, if applicable,
conclusions of law clearly stated.
(c)
Any party
aggrieved by a decision of the Commission has the right to appeal the
determination of the Commission to the Tribal Court but only on the record and
only where the decision of the Commission is found to be arbitrary, capricious
or unsupported by substantial evidence. Such appeal must be filed with the Court
in writing on or before the fourteenth (14) day following receipt of the written
determination of the Commission. A determination by the Court of such appeal
shall be final and no further appeal may
be had. The Court shall review, on the record, the determination of the
Commission. The Court's action shall be final and no further appeals may be had.
Effective
Date: Upon approval of the Code by
NIGC, the Code will be effective on the date adopted by the Tribal Council.
APPENDIX
A
LEGISLATIVE
HISTORY AND EDITORIAL CHANGES
GAMING
LEGISLATIVE
HISTORY AND EDITORIAL CHANGES
The
Tribal Council of the Confederated Tribes of Coos, Lower Umpqua and Siuslaw
Indians enacted the "Gaming" Code, Resolution 01-090, Ordinance 030,
in a regular Tribal Council meeting on December 9, 2001.
Vote was 7 (for), 0 (against) and 0 (abstaining).