| Back
to Table of Contents Chitimacha
Comprehensive Codes of Justice and Chitimacha Indian Tribal Court "Rules
of Court"
[Last Amended: April 15, 2003.] Originally Adopted by the Chitimacha Tribal Council, Chitimacha Tribe of Louisiana, December 5, 1989, Effective August 14, 1990; Rules of Court - 1990
TITLE XII
- GAMING ORDINANCE
CHAPTER 1. FINDINGS (Revised by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993) Sec. 101. The Tribal Council finds: (A) That operation of bingo and other games of chance by the Tribe is a valid means of promoting tribal economic development and the health and welfare of tribal members; and (B) That under the principles established by the United States Supreme Court in California v. Cabazon Band of Mission Indians, 480 US 202 (1987), Indian tribes have the exclusive right to regulate gaming activity on Indian lands if the activity is not specifically prohibited by federal law and is conducted within a state which does not criminally prohibit the activity; and (C) That the United States Congress has recently enacted Public Law 100-497, codified at 25 U.S.C. 2701 et seq., commonly known as the Indian Gaming Regulatory Act (IGRA) authorizing certain types of Class II and Class III gaming activities as defined in that Act on lands within the jurisdiction of the Tribe; and (D) That the terms of the Compact governing Class III gaming activities on lands within the jurisdiction of the Tribe have been established in accordance with the provisions of the Indian Gaming Regulatory Act; and (E) That the Tribal Council is the duly constituted governing body of the Tribe, and is empowered by the Constitution and Tribal by-laws to enact this Tribal gaming ordinance; and (F) That Tribal regulation of gaming activity on the Reservation is vital to the protection of Reservation lands and the interests of the Tribe and its members. (Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93;Adopted: May 10, 1993; Effective: September 24, 1993) CHAPTER. 2. DEFINITIONS (Revised by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993) As used in this ordinance, the following terms shall mean: Sec. 201. Act. The Indian Gaming Regulatory Act, 25 U.S.C. 2701 et seq. (Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93:Adopted: May 10, 1993; Effective: September 24,1993)
All parking lots, parking areas, bus loading and unloading areas and access roads established to facilitate patron transportation and parking at the gaming facility. (Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3, 1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective:September 24,1993)
(A) Social games played solely for prizes of minimal value. (B) Traditional forms of Indian gaming engaged in as part of tribal ceremonies, celebrations, or powwows. (Added by Ordinance # 4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective-September 24,1993)
Class II gaming as defined in accordance with the Act at 25 U.S.C. 2703(7)(A) including, but not limited to: (A) Bingo or Lotto (whether or not electronic, computer, or other technologic aids are used in therewith) when players:
(B) If played at the same location as Bingo or Lotto, Pull Tabs, Punch Boards, Tip Jars, Instant Bingo, and other games similar to Bingo. (C) Non banking card games that:
(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: may 10,1993; Revised by Ordinance #11-93; Adopted: September 14,1993; Effective: September 24,1993)
All forms of gaming that are not Class I or Class II gaming, as defined in accordance with the Act at 25 U.S.C. 2703(8) including, but not limited to: (A) Any house banking game, including, but not limited to:
(B) Any slot machines defined in 15 U.S.C. 1171(a)(1) and electronic or electromechanical facsimiles of any game of chance. (C) Any sports betting or parimutuel wagering on horse racing, dog racing or jai alai. (D) Lotteries. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance # 9-93; Adopted: May 10,1993; Revised by Ordinance # 11-93; Adopted:September 14,1993; Effective: September 24,1993)
The Tribal-State Compact for the Conduct of Class III Gaming between the Chitimacha Tribe of Louisiana and the State of Louisiana signed on February 15, 1993. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance # 9-93; Adopted: May 10,1993; Effective: September 24,1993)
Any room or rooms in which Class II or Class III gaming is conducted on the Reservation including contiguous patron food, beverage and service facilities. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3, 1993;Revised by Ordinance #9-93;Adopted: May 10,1993; Effective: September 24,1993)
(A) For the purposes of Chapter 4 of this Ordinance, the total amount of money wagered on all Class II games, authorized by and conducted pursuant to Chapter 4 of this Ordinance. (B) For purposes of Chapter 5 of this Ordinance, the total amount of all money wagered on all Class III games authorized by and conducted pursuant to Chapter 5 of this Ordinance. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
(Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
The party entering into a management agreement with the Tribe for the conduct of Class II or Class III gaming in accordance with this Ordinance. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
The National Indian Gaming Commission established pursuant to 25 U.S.C. 2704. (Added by Ordinance # 9-93; Adopted: May 10,1993; Effective:September 24,1993)
(A) For purposes of Chapter 4 of this Ordinance, gross revenues of Class II gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees, attributable in accordance with generally accepted casino accounting principles of the American Institute of Certified Public Accountants to the operation of Class II gaming activity. (B) For purposes of Chapter 5 of this Ordinance, gross revenues of Class III gaming activity less amounts paid out as, or paid for, prizes and total operating expenses, excluding management fees, attributable in accordance with generally accepted casino accounting principles of the American Institute of Certified Public Accountants to the operation of Class III gaming activity. (Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993) (Original Sec. 213 Added by Ordinance #9-93; Adopted: May 10,1993; Omitted by Ordinance # 15-93; Adopted: September 30,1993; Effective: September 24,1993)
The Chitimacha Indian Reservation. (Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
The Secretary of the United States Department of the Interior. (Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
Any mechanical, electrical or other device, contrivance or machine which, upon insertion of a coin, token, credit representative, or similar object therein, or upon payment of any consideration whatsoever, is available to play or operate, the play or operation of which, whether by reason of the skill of the operator or application of the element of chance, or both, may deliver or entitle the person playing or operating the machine to receive cash or tokens to be exchanged for cash, or to receive merchandise or any thing of value whatsoever, whether the payoff is made automatically from the machine or in any other manner whatsoever. (Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993) (Original Sec. 217 Added by Ordinance #9-93; Adopted: May 10,1993; Omitted by Ordinance #11-93; Adopted: September 14,1993;Effective: September 24,1993)
The State of Louisiana. (Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #11-93-,Adopted: September 14,1993;Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
All costs associated with and attendant to the carrying on of gaming activity and those services associated with same. (Added by Ordinance #9-93;Adopted: May 10,1993; Revised by Ordinance #11-93; Adopted: September 14,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
(A) Gaming activities such as "stick" or "bone" games played as part of tribal ceremonies, celebrations, or powwows. (B) Games such as rodeos or horse races, including those for which purses or prizes are awarded, that are played as part of tribal ceremonies, celebrations or powwows. This does not include Class II or Class III games operated prior to a ceremony, celebration or powwow for the purpose of raising funds for the ceremony, celebration or powwow; these are considered Class II or Class III games. (Added by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #11-93;Adopted: September 14,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
The Chitimacha Gaming Commission. (Added by Ordinance #9-93; Adopted: May 10,1993;Revised by Ordinance #11-93; Adopted: September 14,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
The Tribal Council of the Chitimacha Tribe of Louisiana. (Added by Ordinance #9-93; Adopted: May 10,1993;Revised by: Ordinance #11-93; Adopted: September 14,1993; Revised by Ordinance #15-93; Adopted: September 30,1993; Effective: September 24,1993)
The Chitimacha Tribe of Louisiana. (Added
by Ordinance #9-93; Adopted:May 10,1993; Revised by Ordinance #11-93;
Adopted: September 14,1993; Revised by Ordinance #15-93: Adopted: September
30,1993; Effective: September 24,1993) (Revised by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) Sec. 301. Regulation of Class I Gaming. This Title does not apply to Class I gaming as defined in Chapter 2, except as provided in this section. The Tribe reserves the right to inspect the premises where the Class I game is held and to obtain and review financial information concerning the game in order to determine whether it meets the definition of a Class I game. In addition, Class I games may be subject to other tribal ordinances and regulations designed to protect the health and welfare of tribal: members. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) CHAPTER 4. CLASS II GAMING (Revised by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993) Sec. 401. Regulation of Class II Gamin. All Class II gaming shall be conducted according to the provisions of this Title. (Revised by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993)
All Class II games included within Section 401 must be solely owned by the Tribe, which shall have the sole proprietary interest and responsibility for the conduct of any gaming activity. Ownership of Class II games by any other entity or any individual is prohibited. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993)
The Tribal Commission shall issue a license for each place, facility, or location where Class II gaming is conducted. For each location licensed, a sworn application must be filed with the Tribal Commission that contains a full and complete showing of the following: (A) A description of the premises in which the games are to be held, and proof that the applicant is the owner of such premises, or lessee of such premises, for at least the term of the license. (B) Agreement by the applicant to accept and abide by all applicable provisions of this Title and all conditions of the tribal license. (C) Satisfactory proof that notice of the application has been posted in a prominent, noticeable place in the Tribal office and on the premises where the games are to be held for at least 30 days prior to consideration by the Tribal Commission, and published at least twice in a local newspaper serving the Reservation. The notices shall state the date, time and place when the application shall be considered by the Tribal Commission pursuant to Section 405. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
Each application shall be accompanied by a fee of $100.00. The license shall expire on December 31st of the calendar year in which it is issued. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993)
All applications for a license shall be considered by the Tribal Commission in open session at which the applicant, the applicant's attorney, if the applicant elects to hire one, and any person protesting the application shall have the right to be present and to offer sworn oral or documentary evidence relevant to the application. After the hearing, the Tribal Commission shall determine whether to grant or deny the application. The decision of the Tribal Commission shall be final. No Tribal Commission member may act on a matter involving a member of the immediate family of that Tribal Commission member. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
Any tribal license issued under this Title shall be subject to such reasonable conditions as the Tribal Commission shall fix, including, but not limited to the following: (A) The licensee shall at all times maintain an orderly, clean, and neat establishment, both inside and outside the licensed premises. (B) The licensed premises shall be subject to patrol by the tribal police force, for the purpose of enforcing tribal law, and the licensee shall cooperate at all times with such police and law officers. (C) The licensed premises shall be open to inspection by duly authorized tribal officials and officials of the National Indian Gaming Commission at all times during the regular business hours. (D) There shall be no discrimination in operations permitted under the tribal license by reason of race, color or creed, provided, however, that a licensee shall give a preference in employment to Indians. (E) No person who is under the age of 21 shall participate or be allowed to participate in any manner in the operation of any game. No person who is under the age of 21 shall play in any bingo game or other games of chance. No person under the age of 21 shall be allowed on the gaming floor where games are being conducted. It shall be the responsibility of the licensee and of those persons physically operating the games to ensure that no unauthorized person is allowed to play in or participate in any manner in the operation of any bingo game or other game of chance. (F) Each person paying for the opportunity to participate in a bingo game shall be given a bingo card which shall be numbered and can be readily identified as belonging to that licensee. Each card issued shall represent a specific amount of money which has been paid to the licensee. The amount of prize money to be awarded for each card issued shall be clearly made known to all players prior to anyone paying to participate in the activity. (G) Bingo cards shall be sold and paid for, in advance, for use in a specified game or games. No cards may be sold on credit or as a loan of any kind whatever. (H) No licensee shall allow a person who manages or receives any compensation, directly or indirectly, for the operation of any bingo game or other game of chance conducted by the licensee to play in a bingo game or other game of chance while on duty. No licensee shall allow any person who, without compensation, assists in the operation of any bingo game or other game of chance conducted by the licensee to play in any bingo games or other game of chance conducted by the licensee within 24 hours of the time said person did so assist. (I) Each numbered ball, or other device, used in a bingo game for the selection of numbers to be called in play shall be the same weight as each of the other balls or devices used for the purpose in that game. Immediately following the calling of each number in a bingo game, the caller shall turn the portion of the ball or other device used to determine which number is called which shows the number and letter to the participants in the game so that participants may know that the proper number has been called out. Nothing in this section shall prohibit the use of electronic, computer or other technological aids in games of bingo or other games of chance provided that such aids are used properly and fairly. (J) No beverage containing alcohol, including but not limited to beer or liquor, shall be offered or awarded as a prize or in lieu of a prize for winning at any of the activities authorized by this Title. (K) No firearms, or guns which are capable of discharging dangerous projectiles, including but not limited to b.b.'s or C02 guns, rifles, shotguns, pistols, or revolvers, shall be offered or awarded as a prize or in lieu of a prize for winning at any of the activities authorized by this ordinance. (L) No person involved in the operation of any activity authorized by this ordinance shall, directly or indirectly, in the course of such operation employ any device, scheme, or artifice to defraud; make any untrue statement of a fact, or omit to state a fact necessary in order to make a statement not misleading in consideration of the circumstances under which such statement was made; or engage in any act, practice, or course of operation as would operate as a fraud or deceit upon any person. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
No license issued under the ordinance shall be assigned or transferred without the written approval of the Tribal Commission expressed by formal resolution. (Revised by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
The licensee must have and exercise complete control over the premises being used for bingo or other games of chance at all times said games are being played. The licensee and his employees shall be legally responsible for any violation of this Title. Any license issued hereunder may be canceled by the Tribal Commission for the breach of any of the provisions of this ordinance or of the tribal license, upon hearing before the Tribal Commission, after 10 days notice of the claimed breach to the licensee. If the Tribe is the licensee, notice shall be served on the manager of the tribal operation. The time and place of the hearing~shall be posted in the Tribal office and, if time permits, in a local newspaper serving the Reservation. The licensee, manager, their attorneys and any person affected by the license shall have the right to be present and to offer sworn oral or documentary evidence relevant to the breach charges. A license may be suspended during the 10-day period by a majority vote of the Tribal Commission at a meeting at which a quorum is present. The decision of the Tribal Commission shall be final. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective:September 24,1993)
Net revenues of the gaming activity after payment of management fees must be used only for the following purposes: (A) to fund tribal government operations or programs; (B) to provide for the general welfare of the Indian Tribe and its members, including to fund programs operated by a tribal subdivision that contribute to the general welfare; (C) to promote tribal economic development; (D) to donate to charitable organizations; or (E) to help fund operations of local government agencies, including tribal subdivisions. (Added by Ordinance #4-90; Adopted: November ?,1990; Effective: February 3,1993)
Each licensee, including the Tribe, shall arrange for an annual outside audit of the operation for presentation to the National Indian Gaming Commission. The audit shall examine the entire gaming operation including the uses of the net revenues and all contracts for amounts in excess of $25,000 annually (except contracts for legal or accounting services). (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993;Revised by Ordinance #11-93; Adopted: September 14,1993; Effective: September 24,1993)
Each licensee shall submit to the Tribal Commission, on a monthly basis, a financial report for the previous quarter's operations. Such reports shall be signed, under oath, by an official or representative of the licensee, who in the case of a tribal operations shall be the operation's manager. The reports shall document: (A) Monthly attendance at bingo and other games. (B) Gross receipts for each month. (C) Names of each employee and the salary or other compensation paid to each. (D) All expenses in the operation of the games, specifying all payments to vendors and contractors. (E) The amount paid in prizes each month. (F) All bank deposits made from proceeds of the bingo games, including any interest received on such deposits. (G) All bank withdrawals and the purpose of each. (H) All expenditures of net proceeds including the amount, person or organization paid, date, and purpose of such expenditures. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993) Sec. 412. Investigations oversight and licensing of primary management officials and key employees of the gaming activity. Before hiring any primary management official or other key employee of the Class II gaming activity, the Tribal Commission shall conduct a background investigation of that individual in accordance with the procedures and standards contained at Section 512 (K) of this Ordinance. (Added by Ordinance #4-90; Adopted: November 7, 1990; Effective: February 3, 1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance#11-93; Adopted: September 14,1993; Effective: September 24,1993; Revised by Ordinance# 1-02; Adopted: February 21, 2002; Effective: May 24, 2002) Sec. 413. Management Contracts. (A) Subject to the approval of the Tribal Council, a licensee may enter a management contract for the operation and management of a Class II gaming activity. All such contracts are subject to the approval of the National Indian Gaming Commission. (B) Any licensee seeking to enter a management contract will be required to furnish certain information to the Commission. If the Council approves the contract, it shall forward the required information to the Commission. (C) The Council shall not approve any contact unless its terms include: (1) Adequate accounting procedures to be maintained by the contractor and verifiable financial reports submitted to the Tribe on a monthly basis. (2) Access to the daily operation of the gaming for appropriate officials of the Tribe, who shall also have the right to verify the daily gross revenues and income made from the gaming activity. ( 3) A minimum guaranteed payment to the Tribe that has precedence over the retirement of development and construction. (4) An agreed upon ceiling for the repayment of development and construction costs. (5) A contract term not to exceed five years. (Added by Ordinance #4-90; Adopted: November 7,1990; Effective: February 3,1993)
Operation of Class II gaming activity without a license shall constitute a Class A Misdemeanor. Violation of any other provision of Chapter IV of this Title shall constitute a Class B Misdemeanor. (Added by Ordinance #4-90; Adopted: November 7, 1990; Effective: February 3,1993) CHAPTER 5. CLASS III GAMING (Added by Ordinance #4-90; Adopted: November 7, 1990; Effective: February 3,1993) Sec. 501. Class III Gaming in Accordance with Compact with the Tribe.The Tribe hereby authorizes Class III gaming in accordance with any Compact in force and effect and the Appendices attached thereto. Such Compact is hereby incorporated by reference as if set forth fully herein and is enacted as a part of this Ordinance. No Class III gaming shall be conducted except in accordance with the Compact. (Added by Ordinance #4-90; Adopted: November 7, 1990; Effective: February 3, 1993; Revised by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: May 24, 2002)
(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance #2-01; Adopted: September 6, 2001; Effective: May 24, 2002) Sec. 503. Class II Gaming Unaffected. Nothing in this Chapter 5 is intended to, nor shall it be interpreted to, interfere with or abrogate in any way the authority of the Tribe to offer Class II gaming pursuant to Chapter 4 of this Ordinance, rather, this Chapter shall supplement the authority granted under Chapter 4, as amended. (Added by Ordinance #9-93; Adopted: May 10, 1993; Effective: September 24,1993)
Sec. 504. Management Agreements Authorized. The Tribe, by majority vote of the Tribal Council, may choose to contract with a third party for the management of Class III gaming. Any such contract shall conform in all respects with the requirements of the Act, including submission to and approval of the Tribal Commission and the Chairman of the National Indian Gaming Commission, pursuant to 25 U.S.C. 2712. Any such contract must provide, at a minimum:
(Added
by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993)
Except
to the extent authorized by Section 504 of this Ordinance, the sole
proprietary interest and responsibility for the conduct of Class III
gaming is vested in the Tribe; provided, however, that nothing herein
shall interfere with the exercise of any secured party of its rights
under any collateral lease, leasehold mortgage or other financing agreement
with the Tribe to enforce its security interests in the premises on
which such gaming activities may be conducted, or to enforce its rights
against gross revenues of the Tribe from its Class III gaming activities
for the limited purpose of repayment of the debt obligations of the
Tribe to such secured party in accordance with the provisions of such
agreements, under all circumstances, any such secured party shall have
no authority to participate in, direct, or control any aspect of the
gaming activity.
Per capita
distributions shall only be authorized in accordance with a plan for
such distributions that satisfies the requirements of 25 U.S.C. 2710(b)(3)
and which has been approved by the Secretary of the Interior.
(Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24,1993; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: May 24, 2002)
There is
hereby authorized and created the Chitimacha Gaming Commission. The
Tribal Commission shall consist of three members, two of whom shall
be associate members and one of whom shall be Chairman, and at least
two of which must be members of the Tribe. The Chairman and members
shall devote such time and attention to their duties as is necessary
to completely fulfill their responsibilities. All members shall be appointed
by the Tribal Council which shall also set their terms of compensation.
Prior to appointment, the Tribe shall conduct an investigation of the
backgrounds and personal histories of candidates for positions on the
Tribal Commission in order to insure that no person may serve on the
Tribal Commission unless they meet the licensing standards otherwise
applicable to applicants for a Tribal gaming license. Vacancies shall
be filled, on an interim or permanent basis, by appointment. Of the
Tribal Council. No member of the Tribal Commission, nor any member of
the immediate family of any member of the Tribal Commission may:
(Added
by Ordinance #9-93; Adopted: May 10, 1993; Effective: September 24,
1993;Revised by Ordinance #1-96 Adopted: February 1, 1996; Effective:
June 21, 1996; Revised by Ordinance # 2-01; Adopted: September
6, 2001; Effective: May 24, 2002)
Initial
appointment to the Tribal Commission shall be for terms as follows:
After
the initial appointments, all members shall serve for a term of three
(3) years. There shall be no limitation on the number of terms which
any member may serve. Each member shall serve for the duration of his
or her term and until a successor shall be duly appointed and qualified,
provided, however, that in the event a successor is not duly appointed
and qualified within 120 days after the expiration of a member's term,
a vacancy shall be deemed to exist. Members of the Tribal Commission
may be removed with cause by a majority vote of the Tribal Council.
Cause for removal shall include, but not be limited to, misconduct in
office, willful neglect of duty, unfitness for office and incompetence.
Members of the Tribal Commission may be removed without cause by a unanimous
vote of the Tribal Council. Any member shall automatically forfeit his
or her office upon conviction of any crime enumerated in Title 14 of
the Louisiana Revised Statutes which carries a maximum possible penalty
of five (5) years or more, or upon conviction of any like crime in any
other jurisdiction, or upon conviction of any federal crime.
There is hereby created within the Tribal Commission the position of Executive Director. The Executive Director shall be appointed by the Tribal Council which shall also set the Executive Director's terms of compensation. The Executive Director shall report and be accountable to the Tribal Commission; shall be responsible for supervision and administration of all of the operational responsibilities of the Tribal Commission, and shall carry out the policies promulgated by the Tribal Commission. The Executive Director shall serve on a full-time basis. Prior to appointment, the Tribe shall conduct an investigation of the background and personal history of the candidate for Executive Director in order to insure that no person may serve as Executive Director unless that person meets the licensing standards otherwise applicable to applicants for a Tribal gaming license. The restrictions applicable to Commissioners and the immediate family of Commissioners pursuant to Section 508 of this Ordinance shall be similarly applicable to the Executive Director and the immediate family of the Executive Director. At any time during which there exists a vacancy in the office of Executive Director, the duties and responsibilities of this Executive Director shall be performed by the Chairman.
(Revised by Ordinance # 1-96; Adopted: February 1, 1996; Effective:
June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001;
Effective: May 24, 2002)
(Revised by Ordinance # 1-96; Adopted: February 1, 1996; Effective:
June 21, 1996; Revised by Ordinance #2-01; Adopted: September 6, 2001;
Effective: May 24, 2002)
The Tribal Commission shall have primary responsibility for establishment of regulatory policy, and administrative enforcement of that policy, and, through its agents and employees, for the on-site regulation, control and security of any Class II and Class III gaming facilities and operations. Thus administered, the responsibilities of the Tribal Commission shall include: (A) The physical safety of patrons in the gaming facilities and operation. The Tribal Commission shall ensure that the following policies and procedures set out in this sub-section are established and implemented with respect to key employees and primary management officials employed at any Class II or Class III gaming enterprise operated on the Chitimacha Indian lands: (1) Definitions. (a) Key employee means (i) A person required to be licensed and certified pursuant to the Compact, and who include, without limitation: (2) To set up working policy for the gaming operation; or (3) The chief financial officer or other person who has financial management responsibility. (2) Application Forms (b) Existing key employees and primary management officials shall be notified in writing that they shall either: (i) Complete a new application form that contains a Privacy Act notice; or (ii) Sign a statement that contains the Privacy Act notice and consent to the routine uses described in that notice. (c) The following notice shall be placed on the application form for a key employee or a primary management official before that form is filled out by an applicant. 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. (U.S.C., Title 18, Section 1001) (d) The Tribal Commission shall notify in writing existing key employees and primary management officials that they shall either: (i) Complete a new application form that contains a notice regarding false statements; or (ii) Sign a statement that contains the notice regarding false statements (3) Background Investigations (a) The Tribal Commission shall request from each primary management official and from each key employee all of the following information: (i) Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, all languages (spoken or written); ( ii) Currently and for the previous 5 years: business and employment positions held, ownership interests in those businesses, business and residence addresses, and drivers license numbers; (iii) The names and current addresses of at least three personal references, including one personal reference who was acquainted with the applicant during each period of residence listed under paragraph (1)(b) of this section;
( ix) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic violations) within 10 years of the date of application, the name and address of the court involved and the date and disposition;
(xii) A photograph; (xiii) Any other information the Tribe deems relevant; and (xiv) Fingerprints consistent with the procedures adopted by the Tribe according to 25 C.F.R. Section 522.2(h).
(b) The Tribal Commission shall conduct an investigation sufficient to make a determination under Sub-section (4) below. In conducting a background investigation, the Tribal Commission or its agent shall promise to keep confidential the identity of each person interviewed in the course of the investigation. (4) Eligibility Determination The Tribal Commission shall review a person's prior activities, criminal record, if any, and reputation, habits and associations to make a finding concerning the eligibility of a key employee or primary management official for employment in a gaming operation. If the Tribal Commission determines that employment of the person poses a threat to the public interest or to the effective regulation of gaming, or practices and methods and activities in the conduct of gaming, a tribal gaming operation shall not employ that person in a key employee or primary management official position. (a) When a key employee or primary management official begins work at a gaming operation authorized by this Ordinance, the Tribal Commission shall forward to the National Indian Gaming Commission a completed application for employment and conduct the background investigation and make the determination referred to in Sub-section 4 of this Ordinance. (b) The Tribal Commission shall forward the report referred to in Sub-section K(6) of this Section to the National Indian Gaming Commission within 60 days after an employee begins work or within 60 days of the approval of the Chitimacha Tribal Gaming Ordinance by the Chairman of the National Indian Gaming Commission. (6) Report to the National Indian Gaming Commission (a) Unless otherwise authorized by the National Indian Gaming Commission, pursuant to the procedures set out in Sub-section K(5) of this Section, the Tribal Commission shall prepare and forward to the National Indian Gaming Commission an investigative report on each background investigation. An investigative report shall include all of the following: (i) Steps taken in conducting a background investigation; (ii) Results obtained; (iii) Conclusions reached; and (iv) The basis for those conclusions. (i) Shall notify the National Indian Gaming Commission; and (ii) May forward copies of its eligibility determination and investigative report (if any) to the National Indian Gaming Commission for inclusion in the Indian Gaming Individuals Records System. (d) With respect to key employees and primary management officials, the Tribal Commission shall retain applications for employment and reports (if any) of background investigations for inspection by the Chairman of the National Indian Gaming Commission or his or her designee for no less than three (3) years from the date of termination of employment. (7) Granting a Gaming License (a) If, within a thirty (30) day period after the National Indian Gaming Commission notifies the tribe that it has no objection to the issuance of a license pursuant to a license application filed by a key employee or a primary management official for whom the Tribal Commission has provided an application and investigative report to the National Indian Gaming Commission, the Tribal Commission may issue a license to such applicant. (b) The Tribal Commission shall respond to a request for additional information from the Chairman of the National Indian Gaming Commission concerning a key employee or a primary management official who is the subject of a report. Such a request shall suspend the 30-day period under paragraph (7)(a) of this Ordinance until the Chairman of the National Indian Gaming Commission receives the additional information. (c) If, within the thirty (30) day period described above, the National Indian Gaming Commission provided the Tribal Commission with a statement itemizing objections to the issuance of a license to a key employee or to a primary management official for whom the Tribal Commission has provided an application and investigative report to the National Indian Gaming Commission, the Tribal Commission shall reconsider the application, taking into account the objections itemized by the National Indian Gaming Commission. The Tribal Commission shall make the final decision whether to issue a license to such applicant. (8) License Suspension (a) If, after the issuance of a gaming license, the Tribal Commission receives from the National Indian Gaming Commission reliable information indicating that a key employee or a primary management official is not eligible for employment under Sub-section (K) above, the Tribal Commission shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation. (b) The Tribal Commission shall notify the licensee of a time and a place for a hearing on the proposed revocation of a license. (c) After a revocation hearing, the Tribal Commission shall decide to revoke or to reinstate a gaming license. The Tribal Commission shall notify the National Indian Gaming Commission of its decision. (9) License Locations
(L) If
the National Indian Gaming Commission has received an investigative
report concerning an individual whom the Tribe wishes to employ as a
key employee or primary management official and if the Tribe has access
to the investigative materials held by another tribe, the Tribe may
update the investigation and update the investigative report under Section
556.5(b) of the regulations of the National Indian Gaming Commission. (M) A gaming operation shall not employ in a key employee or primary management official position a person who has supplied materially false or misleading information or who has omitted material information with respect to the required information under sub-paragraph (K) of this Section. (Added
by Ordinance #9-93; Adopted: May 10,1993; Revised by Ordinance #11-93;
Adopted: September 14,1993; Effective:September 24,1993;Revised by Ordinance
#1-96; Adopted: February 1, 1996; Effective: June 21,1996; Revised by
Ordinance #2-01; Adopted: September 6, 2001; Effective: May 24, 2002;
Revised by Ordinance # 1-02; Adopted: February 21, 2002; Effective:May
24, 2002)
(C) At any meeting of the Tribal Commission, a majority of the members then in office shall constitute a quorum for the transaction of business. The vote of a majority of the members present at a meeting at which a quorum is present shall be the act of the Tribal Commission. The Chairman shall preside at all meetings of the Commission unless the Chairman designates another member to preside in his absence. (D) Any action required or permitted to be taken at a meeting of the Tribal Commission may be taken without a meeting if all the members sign written consents setting forth the action taken or to be taken, at any time before or after the intended effective date of such action. Such consents shall be filed with the minutes of the Tribal Commission, and shall have the same effect as a unanimous vote or resolution of the Commission at a legal meeting thereof. Any such action taken by unanimous written consents may, but need not be set forth in such consents in the form of resolutions or votes.(E) Members of the Tribal Commission may participate in a meeting of the Tribal Commission by means of conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting in such matter by any member who does not object at the beginning of such meeting to the holding thereof in such manner shall constitute presence in person at such meeting. (F) No action of the Tribal Commission to impose a penalty pursuant to section 513 of this Ordinance, or to revoke a license for a gaming employee previously issued by the Tribal Commission, shall be valid unless the person affected is given at least ten days notice of the proposed action and the opportunity to appear and be heard before the Tribal Commission, either in person or through a representative or legal counsel, and to submit such evidence as the Tribal Commission deems relevant to the matter at issue. The time and place of such hearing shall be posted in the Tribal office, and, if time permits, in a local newspaper serving the Reservation; provided, however, that if the Tribal Commission deems it necessary to protect the public interest in the integrity of the gaming activities, the Tribal Commission may take such action with immediate effect as it deems required, and shall thereupon provide notice and an opportunity to be heard to the affected person as soon as reasonably practicable following such action. Any person who is denied an initial gaming employee license or who is barred from the gaming facilities by action of the Tribal Commission may request a hearing before the Tribal Commission by written request submitted within thirty days following receipt of notice of the action of the Tribal Commission, and the Tribal Commission shall thereupon afford an opportunity toappear and be heard before the Tribal Commission, either in person or through a representative or legal counsel, and to submit such evidence as the Tribal Commission deems relevant to the matter at issue and thereafter the Tribal Commission shall either affirm or reconsider its decision. Any hearing conducted under this sub-section may at the direction of the Tribal Commission be conducted by the Chairman or by one or more members of the Commission designated by the Chairman for that purpose. (G) The Tribal Commission may adopt such additional procedures and rules as it deems necessary or convenient to govern its affairs and which are consistent with this Ordinance. (Added
by Ordinance #9-93; Adopted: May 10, 1993; Effective: September 24,1993;
Revised by Ordinance #1-96; Adopted: February 1, 1996; Effective: June
21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective:
May 24, 2002)
Sec. 514. Authorization to Tribal Commission to Adopt Regulations for Class III Gaming. Prior to the commencement of Class III gaming, the Tribe hereby authorizes the Tribal Commission to develop and adopt initial detailed regulations to govern the operation and management of the operation and management of the gaming premises. These regulations shall ensure that the interests of the Tribe and the State relating to Class III gaming are preserved and protected. The regulations shall maintain the integrity of the gaming operation and shall reduce the dangers of unfair or illegal practices in the conduct of the Class III gaming operation. The regulations shall be at least as stringent as those required by the IGRA and all other applicable laws, rules and regulations of the National Indian Gaming Commission and the federal government
(Added by Ordinance #9-93; Adopted: May 10, 1993; Effective: September
24, 1993:Revised by Ordinance # 1-96; Adopted: February 1, 1996; Effective:
June 21, 1996; Revised by Ordinance #2-01; Adopted: September 6, 2001;
Effective: May 24, 2002)
Prior to the commencement of Class III gaming, the Tribe hereby authorizes the Tribal Commission to develop and adopt initial standards and rules of each Class III game, which shall be substantially similar to those practiced in Louisiana including wagering and play. The Tribal Commission and the State shall review all standards and rules for Class III games to ensure that they do not fundamentally alter the nature of the games, and to ensure the games will be conducted fairly, honestly and with integrity. Only rules for those Class III games which cannot at the time be offered or conducted by any other gaming entity in Louisiana shall be subject to concurrence by the State prior to the commencement of the game. Such initial standards and rules of each Class III game shall be listed in an Appendix to the Compact, and may be revised as authorized by the Compact. (Added
by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24, 1993;
Revised by Ordinance #1-96; Adopted: February 1, 1996; Effective:
June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001;
Effective: May 24, 2002)
(B) The Tribal Commission shall maintain a list of persons barred from the gaming facilities and operations, who because of their criminal history or association with a career offender or a career offender organization, threaten the integrity of the gaming activities, or the health, safety, or welfare of the public. This list shall be provided to be State. (C) Not less than annually, the Tribal gaming facilities and operation shall be audited by an independent Certified Public Accountant, in accordance with the auditing and accounting standards for audits of casinos of the American Institute of Certified Public Accountants. The internal accounting and audit procedures shall become an Appendix to the Compact.(D) A closed circuit television system shall be maintained in the gaming facilities and operation in accordance with the procedures set forth in an Appendix to the Compact. (E) A cashier's cage shall be maintained in the gaming facilities and operation in accordance with the procedures set forth in an Appendix to the Compact.(F) Minimum requirements for supervisory staffing for each table and gaming pit operated in the gaming facilities shall be maintained in accordance with the procedures set forth in an Appendix to the Compact. (G) Cash control management procedures shall be maintained in accordance with the procedures set forth in an Appendix to the Compact, which shall be adopted in connection with a certified public accounting firm with experience in cash control management procedures. These cash control management procedures shall safeguard monies, receipts, and other assets from skimming, money laundering, embezzlement, and other criminal activities.(H) To ensure the continued integrity of the Tribal gaming premises and operation, no structural modification or movement of any gaming structure or fixture of any kind, including movement of equipment and/or gaming devices within the gaming related areas shall be made without the consent of the Tribal Commission, and prior notice to the State. (Added by Ordinance #9-93; Adopted: May 10, 1993; Effective: September 24, 1993; Revised by Ordinance #1-96; Adopted: February 1, 1996; Effective: June 21, 1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: May 24, 2002)
The funds necessary to bear the costs of operation of the Tribal Commission shall be an operating expense of the gaming facility. The Tribal Commission shall submit, annually, a proposed budget to the Tribal Council for approval. The Tribal Council may, during the course of a budget term, on request of the Chairman of the Tribal Commission, approve extraordinary expenses. (Added by Ordinance #9-93; Adopted: May 10,1993; Effective: September 24, 1993; Revised by Ordinance #1-96; Adopted: February 1, 1996; Effective: June 21,1996; Revised by Ordinance # 2-01; Adopted: September 6, 2001; Effective: May 24, 2002)
The Tribe hereby adopts the regulations and operational guidelines set forth in Section 10 of the Compact as follows: (A) All Class III gaming shall be conducted in such a manner that ensures, to the maximum extent practicable, that it is secure, honest, and that the interests of the Tribe, the State, and the public are protected at all times. The State shall fully cooperate with and assist the Tribe in meeting its obligations in this regard.
|