(b) Any person who has authority:

(1) To hire and fire employees; or

(2) To set up working policy for the gaming operation; or

(a) Net revenues from class II gaming shall be used only to fund tribal government operations and programs; provide for the general welfare of the Tribe and its members; promote tribal economic development; donate to charitable organizations; or help fund operations of local members; government agencies.

(b) If the tribe elects to make per capita payments to tribal members, it shall authorize such payments only upon approval of a plan submitted to the Secretary of the Interior under 25 U.S.C. sec. 2710(b)(3).

(a) Shall state the names and addresses of all the principals involved in the management enterprise. If the proposed management enterprise is a corporation the proposal shall state the name and the name, address and percentage holding of each stockholder. If the proposed management enterprise shall contain the name and address of each partner, and the percentage interest held by that partner;

(b) Shall state clearly in general but concrete terms the services proposed, the duration of the agreement and the nature of the compensation sought;

(c) Shall not state or propose any term in violation of 25 U.S.C. sec. 2711; and, where compensation in excess of 30% of net revenues, or a duration in excess of five years is proposed, shall state with particularity the exceptional circumstances justifying such amount or term.

(d) Shall show evidence of issuance of a Wisconsin Lottery Board Certificate, or, in the absence of such Certificate, State that application has been made, the date thereof, and that application has not been rejected.

(a) The text of such contract is arrived at or submitted to the Council at least ten days prior to the Council meeting at which approval is sought; and

(b) the terms of the contract meet the restrictions imposed under 25 U.S.C. sec. 2711 and Chapter VIII of the Compact; and

(c) The Council has conducted appropriate investigation and found the facts necessary to determine that the proposed contractor, including all relevant personnel, meet the qualifications imposed under 25 U.S.C. sec. 2711, Chapters VII and VIII of the Compact, and Sections 17.6 and 17.13.1 of this Ordinance.

(a) The Red Cliff Band of Lake Superior Chippewas Indians, acting through its Tribal Council maintains the responsibility and authority for conducting background investigations and suitability determinations with respect to all persons involved in its gaming operations, as more fully set forth herein.

(b) The Red Cliff Gaming Commission shall have the responsibility and authority to issue or deny licenses to all key employees and primary management officials, as more fully set forth in this Chapter 17.

(b) The authority and responsibility of the Red Cliff Gaming Commission for investigations under this section shall include:

(1) reviewing and approving all investigative work done;

(2) Reporting the results of all background investigations to the Red Cliff Tribal Council, who shall then forward the same to the National Indian Gaming Commission;

(3) obtaining and processing fingerprints;

(4) making suitability determinations; and

(5) Any and all other actions deemed necessary or appropriate by the Red Cliff Tribal Council in connection with its duties and responsibilities set forth in this section.

(a) Verification by written or oral communication information submitted by applicant.

(b) Inquiry into the applicants prior activities, criminal record, if any, and reputation, habits and associations. This includes interviewing a sufficient number of knowledgeable people such as former employers, personal references, and others to whom referred in order to provide a basis for the tribe to make a finding concerning the eligibility for employment in a gaming operation.

(c) Documenting the disposition of all potential problem areas noted and disqualifying information obtained.

a. Full name, other names used (oral or written), social security number(s), birth date, place of birth, citizenship, gender, all languages (spoken or written);

b. Currently and from the previous 5 years: business and employment positions held, ownership interests in those businesses, business and residence addresses, and drivers license numbers;

c. 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;

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 generally, including ownership interests in those businesses;

g. The name and address of any licensing or regulatory agency with which the person has filed an application for a license or permit related to gaming, whether or not such license or permit was granted;

h. For each felony for which there is ongoing prosecution or a conviction, the charge, the name and address of the court involved, and the date and disposition if any;

i. For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding mincr traffic violations), within 10 years of the date of applications the name and address of the court involved and the date and disposition;

j. For each criminal charge (excluding minor traffic charges), whether or not there is a conviction if such criminal charge is within 10 years of the date of the application and is not otherwise listed pursuant to paragraph (h) or (i) of this section, the criminal charge, the name and address of the court involved and the date and disposition;

k. 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;

l. A current photograph;

m. Any other information the Tribe deems relevant; and

n. Fingerprints consistent with procedures adopted by the Tribe according to 25 C.F.R. sec. 522.2(h).

(a) When a key employee or primary management official begins work at a gaming operation authorized by this ordinance, the Red Cliff Gaming 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 secs. 17.9.5 and 17. 9. 6.

(b) The Red Cliff Gaming Commission shall forward the report referred to in sec. 17.9.5 to the National Indian Gaming Commission within 60 days after an employee begins work or within 60 days of the approval of this ordinance by the Chairman of the National Indian Gaming Commission.

(c) The gaming operation shall not employ as a key employee or primary management official a person who does not have a license after 90 days.

(a) If, within a thirty (30) day period after the National Indian Gaming Commission receives a report, 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 Tribe has provided an application and investigative report to the National Indian Gaming Commission, the Tribe may issue a license to such applicant.

(b) The Tribe 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 thirty day period under sec. 17.9.9(a) 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 provides the Tribe with a statement itemizing objections to the issuance of a license to a key employee or to a primary management official for whom the Tribe has provided an application and investigative report to the National Indian Gaming Commission, the Tribe shall reconsider the application, taking into account the objections itemized by theNational Indian Gaming Commission. The Red Cliff Tribal Council shall make the final decision whether to issue a license to such applicant.

(a) If a license is not issued to an applicant, the Red Cliff Gaming Commission shall notify the National Indian Gaming Commission, and 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.

(b) With respect to key employees and primary management officials, the Red Cliff Gaming 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.

(a) If, after the issuance of a gaming license, the Tribe 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 sec. 17.13, the Red Cliff Gaming Commission shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation. The Commission shall then notify the licensee of a time and a place for a hearing on the proposed revocation of a license.

(b) The Red Cliff Tribal Gaming Commission has the authority to suspend gaming licenses for just cause. Just cause is violation of Chapter 17 Tribal Gaming Ordinance, the Tribal/State Compact, or the Indian Gaming Regulatory Act. If a violation occurs the Red Cliff Gaming Commission shall suspend such license and shall notify in writing the licensee of the suspension and the proposed revocation. The Commission shall then 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 Red Cliff Gaming Commission shall decide to revoke or to reinstate a gaming license. The Commission shall notify the National Indian Gaming Commission of its decision.

(a) Be at least 21 years of age; and

(b) Shall have no financial interest in any management or vendor contract, nor any management responsibility for any Class III gaming facility.

(a) To communicate on a regular monthly basis, to the membership, through public meetings, newsletters or other means, summary reports as to the economic returns of the Class III gaming facilities, together with the names of the current managers and/or management organizations.

(b) To facilitate such communication each Class III facility manager shall transmit to the Commission on at least a monthly basis a short written summary of the economic returns of said facility, and, at the direction of the Commission or the Tribal Council, to appear at Commission meetings to elaborate on such summaries.

(c) To collect, summarize and report monthly to the Council such suggestions or other information as may be submitted by tribal members regarding Class III gaming; and, where expressly directed to do so by the Council, to investigate and/or make recommendations on such subjects.

(d) Upon the direction of the Council, to investigate and/or make recommendations on commercial proposals, management policies, personnel complaints, and charges of violation of law the rules of play of Class III facilities.

(e) To review regulations and policy statements submitted by gaming managers for clarity, workability and consistency, and, within 60 days of submission, to report said regulations or policies, with their recommendations to the Tribal Council.

(f) To review and resolve player disputes submitted to it in writing, pursuant to Part V(E) of the Compact and Section 17.11.7 of this Ordinance.

(g) To maintain updated records and copies of compacts, ordinances, rules of play and other Class III gaming regulations and policies approved by the Council.

(h) Upon application by the Council or any gaming manager, to commission the conduct of a background check by the Wisconsin Department of Justice or the Federal Bureau of Investigation or any other and to maintain records received in confidence, subject only to access by the Council or the originally requesting authority.

(c) To enter into agreements for the purchase or lease of gaming services, supplies, equipment and promotion, except:

(1) Any agreement in excess of $2,500 but not exceeding $5,000 shall require approval of the Tribal Chairman and the Tribal Treasurer.

(2) Any agreement in excess of $5,000 shall require the approval of the Council.

(a) A felony, other than a felony conviction for an offense under sections (b) through (d) below, during the immediately preceding ten (10) years;

(b) Any gambling related offense;

(c) Fraud or misrepresentation in any connection; or

(d) A violation of Chapters 562 or 565, Wis. Stats., a rule promulgated by the Lottery Board or Wisconsin Racing Board, or a tribal ordinance regulating or prohibiting gaming.

(a) Irrespective of whether such person qualifies under section 17.13.1 above, anyone determined by the appointing or employing authority to be a person whose prior activities, criminal record if any, or reputation, habits, and associations pose a threat to the public interest or to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities in the operation of gaming or the carrying on of the business and financial arrangements incidental thereto, shall be prohibited from holding any of the positions enumerated in sec. 17.13.1.

(b) The Tribal Council shall review a persons 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 Council determines that employment of the person effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal 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) The Red Cliff Tribal Court shall have jurisdiction to enforce the sanctions provided for violation of this ordinance under the procedures set forth in Chapter 4 of this Code.

(b) The provisions of this ordinance shall be enforced by all Tribal law enforcement officers. In addition, federal, state, and local law enforcement officers are hereby authorized to enforce the provisions of this ordinance.

(c) In addition to the penalties set forth in Section 16, the court, upon conviction, shall order payment of court costs, filing fee(s), and any other related court costs at the discretion of the court.

(a) To conduct bingo operations in conformity with this ordinance;

(b) To conduct raffles consistent with this ordinance;

(c) To receive and deposit monies generated from bingo and raffle operations with the Tribes accounting office;

(d) To supervise all personnel necessary to conduct bingo and raffle operations.

(a) Only the Tribal Bingo Manager or a person authorized by the Tribal Bingo Manager shall conduct bingo or act as a caller in the conduct of bingo.

(b) Bingo shall be conducted only on Tribal premises.

(c) Purchase of a bingo card shall entitle each purchaser to a place on the Tribal premises where bingo is conducted with sufficient room in which to work the bingo card.

(d) The Tribal Bingo Manager may, in his/her discretion, limit the number of persons allowed to purchase bingo cards at any one bingo occasion.

(e) The Tribal Bingo Manager shall hold such bingo occasions as s/he deems suitable in his/her discretion.

(f) The Tribal Bingo Manager shall accept only a cash payment for any bingo card. The Tribal Bingo Manager may, however, in his/her discretion, establish a check cashing service in conjunction with the operation of bingo occasions, with such limits, safeguards, and charges therefore as s/he deems appropriate.

(g) The Tribal Bingo Manager shall purchase such supplies and equipment as necessary for the operation of bingo and consistent with the budget approved by the Tribal Council. All equipment and supplies used in the conduct of bingo shall be owned by the Tribe. The bingo equipment shall be maintained in good repair and sound condition.

(h) Only the Tribal Bingo Manager and persons employed by him/her shall participate in the management or operation of any bingo occasion. No other person, firm, corporation, consultant, or similar entity shall participate in the management of any bingo occasion without the express prior approval by resolution of the Tribal Council. Nothing herein shall prevent the Tribal Bingo Manager from entering into a contract for the televising of bingo occasions, however.

(i) No person under the age of 18 shall purchase or make a bingo card for any bingo game conducted pursuant to this ordinance unless accompanied on tribal premises by such persons parent or guardian. No person under the age of 8 shall be allowed in the tribal premises in which bingo is conducted during a bingo occasion.

(j) No alcoholic beverages or illegal drugs shall be allowed on tribal premises where bingo is conducted during a bingo occasion. Any person found possessing or using alcoholic beverages or illegal drugs during bingo occasions shall be removed from the premises and barred from further bingo occasions.

(j) Bingo occasions shall be advertised by whatever lawful methods the Tribal Bingo Manager deems suitable and appropriate to attract a maximum number of players.

(l) The Tribal Bingo Manager may provide for the sale of food refreshments at concessions during bingo occasions as a part of the bingo operation or may, in his/her discretion, authorize the operation of concessions for the sale of food or refreshments by Tribal organizations under such terms and conditions as s/he deems appropriate. No person or organization may sell any other merchandise on the premises where bingo is being conducted during a bingo occasion unless authorized by resolution of the Tribal Council.

(m) Bingo cards shall be sold or rented by the Tribal Bingo Manager in the first instance only on the premises at which the bingo occasion is being conducted. The Tribal Bingo Manager shall keep an accurate, separate count of the number of bingo cards which are sold, rented, or used.

(n) No person employed in the operation of a Tribal bingo occasion shall be permitted to purchase bingo cards for that occasion or participate in any other way as a player during that bingo occasion.

(o) Nothing herein shall prevent the broadcast or televising of Tribal bingo occasions. The Tribal Bingo Manager is hereby authorized to enter into a contract for the broadcast or televising of Tribal bingo occasions, provided that any such contract shall be approved by resolution of the Tribal Council before taking effect.

(a) The amount and nature of prizes offered shall be determined for each bingo occasion by the Tribal Bingo Manager, provided that the prized offered shall be commensurate with the generally accepted odds in bingo operations.

(b) Either cash prizes or merchandise prizes shall be allowed. If a merchandise prize is offered, its stated value shall be the current retail price. No merchandise prize shall be redeemable or convertible into cash, either directly or indirectly, by the Tribe.

(c) Prizes of alcoholic or fermented malt beverages, securities, or interests in real property are prohibited.

(a) The Tribal Bingo Manager shall determine the type of game and prize for each game conducted during a bingo occasion. The particular arrangement of numbers required on a bingo card in order to win and the amount of the prizee for the game shall be clearly desvribed and audibly announced to the players immediately before each game.

(b) Each bingo game shall be conducted in such a manner that the results are random and each person purchasing a card is afforded an equal opportunity to win, and all equipment and supplies used in the conduct of each game shall be designed and used in such a manner as to secure such result.

(c) The objects to be drawn shall be as near the same size, shape, weight, balance, and all other relevant characteristics as is practicable so that at all times during the conduct of bingo each object possesses the capacity for equal agitation with any other object within the receptacle.

(d) Seventy-five (75) objects, numbered consecutively "1" through "75" inclusive, shall be used for the conduct of each game. All 75 objects, and only 75 objects, shall be present in the receptacle at the beginning of each bingo game.

(e) The number on each object drawn shall be announced in a manner clearly audible to the persons present during the conduct of the game and shall be visually displayed as well.

(f) Once removed from the receptacle during the conduct of a game, no object shall be returned to the receptacle until after the conclusion of that game.

(g) The receptacle and the caller shall be visible to the majority of persons present during the conduct of a game at all times.

(a) The winner of a bingo game shall be the person in possession of the bingo card with the numbers on it arranged in the manner announced for that game achieved with the least number of objects drawn.

(b) The bingo winner for each game shall be determined on the same day on which the bingo occasion is conducted. Each prize shall be awarded within one week of the bingo occasion for which the prize was offered.

(c) The numbers appearing on the winning card at the time a winner is determined shall be verified in the immediate presence of at least one disinterested person.

(d) At the time a winner is determined, any person may call for a verification of all numbers and of the objects remaining in the receptacle not drawn. Such verification shall be made in the presence of the Tribal Bingo Manager and at least one disinterested person.

(e) When more than one person is found to be the winner of a bingo game, a cash prize shall be divided equally among the winners. When equal division of a merchandise prize is not possible. identical substitute prizes whose aggregate retail value is approximately equal to that of the designated prize shall be awarded.

(a) Only the Tribal Bingo Manager or a person authorized by the Tribal Bingo Manager shall conduct a raffle.

(b) Raffles shall be conducted only on Tribal premises, concession.

(c) The Tribal Bingo Manager shall accept only a cash payment for a raffle ticket.

(d) The Tribal Bingo Manager shall purchase such supplies and equipment as is necessary for the operation of raffles and consistent with the budget approved by the Tribal Council. All equipment and supplies used in the conduct of bingo shall be owned by the Tribe.

(e) The Tribal Bingo Manager may, with the concurrence of the Tribal Council, authorize a Tribal organization to hold a raffle, upon such terms and conditions as the Tribal Bingo Manager may deem appropriate. Raffle tickets used for such occasions shall be purchased by the Tribal Bingo Manager and shall be readily distinguishable from raffle tickets used in Tribal raffles.

(f) Except as provided in sec. 17.8.5 only the Tribal Bingo Manager and persons in his/her employ shall participate in the management or operation of any raffle. No other person, firm, corporation, consultant, or similar entity shall participate in the management of any raffle without the express prior approval by resolution of the Tribal Council.

(g) No person under the age of 18 shall be allowed to purchase a raffle ticket.

(h) Raffles shall be advertised by whatever lawful methods the Tribal Bingo Manager deems suitable and appropriate, consistent with the budget approved by the Tribal Council.

(i) No person employed in the operation of a raffle or of a bingo occasion during which a raffle is being conducted shall be permitted to purchase a raffle ticket for such raffle.

(a) The amount and nature of prizes offered for raffles shall be determined for each raffle by the Tribal Bingo Manager, provided that the prizes offered shall be commensurate with the odds generally accepted for raffle operations.

(b) Either cash prizes or merchandise prizes shall be allowed. If a merchandise prize is offered, its stated value shall be the current retail price. No merchandise prize shall be redeemable or convertible into cash, either directly or indirectly, by the Tribe.

(c) Prizes of alcohol or fermented malt beverages, securities or interests in real property are prohibited.

(a) Raffles in which tickets are sold to individuals, placed in a container, and drawn to determine the winner; and

(b) Raffles in which a fixed number of tickets, some of which indicate the winners, are sold to and drawn by the purchaser.

(a) For raffles described in Section 17.16.9(a), the tickets shall be identical in form and contain the name and address of the Tribe or sponsoring organization, the price of the ticket, the date and place of the drawing, and a place for the purchasers name and address.

(b) For raffles described in Section 17.16.9(b), raffle tickets shall be purchased in lots, with a fixed number of tickets and winning tickets in each lot, shall be of similar outward appearance, and shall have concealed within it indicia of winning which may be revealed by manipulation of the ticket after purchase.

(a) The Tribal Bingo Manager shall determine the type of raffle and the price of prizes for each raffle, which shall be clearly described and available to raffle ticket purchasers at the time of purchase. For raffles described in Section 17.16.9(a) the odds per lot of tickets shall also be available.

(b) Each raffle shall be conducted in such a manner that the results are random and each person purchasing a ticket is afforded an equal opportunity to win, and all equipment and supplies used in the conduct of each raffle shall be designed and used in such a manner as to secure such a result.

(c) Winners shall be determined according to the type of raffle and the rules of each raffle set by the Tribal Bingo Manager. The purchaser of a ticket need not be present at the drawing to win a prize. Each prize shall be awarded within one week of the raffle.

(e) All prizes shall be awarded.

(a) The names of all persons employed in the conduct of bingo and/or raffles;

(b) The number and dates of all bingo occasions and raffles;

(c) An itemized statement of gross receipts from all bingo occasions and raffles;

(d) An itemized list of all expenditures; and

(e) A statement showing the balance in the bingo account.

(a) Violate the terms of this ordinance in any way; or

(b) Conduct a bingo game or occasion within the boundaries of the Tribes reservation except in conformity with this ordinance; or

(c) Conduct a raffle within the boundaries of the Tribes reservation except in conformity with this ordinance; or

(e) Act or scheme in any way to influence the conduct or result of any bingo game or raffle or the determination of the winner thereof; or

(f) Act or scheme in any way to deprive the Tribe of the income or proceeds or any portion thereof from any bingo game, bingo occasion, concession, raffle, or the operational expenses related thereto.

(a) A civil remedial forfeiture of up to $5,000.00;

(b) Seizure and forfeiture of all property used in the violation;

(c) Discipline or discharge from Tribal employment;

(d) Referral to state or federal authorities for criminal prosecution; and/or

(e) Such civil remedies as the Tribe may have available to recover any losses caused by or associated with such violations.

(a) The Tribe shall conduct an annual independent audit of gaming operations and shall submit the resulting audit report(s) to the National Indian Gaming Commission.

(b) All gaming related contracts that result in the purchase of supplies, services, or concessions in excess of $25,000.00 annually, except contracts for professional legal and accounting services, shall be specifically included within the scope of the audit that is described in subsection (a).