CMP.1.3.010 Ownership of Gaming

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any Class II or Class III gaming operation authorized by this ordinance, except the Tribal Governing Board may permit Tribally Licensed Gaming Operations, provided such games are conducted in compliance with Subchapter CMP.1.6 of this ordinance, and the same Indian Gaming Regulatory Act requirements applicable to other tribal gaming operations, particularly including 25 U.S.C. § 2710 (b)(4)(A) and 25 C.F.R. § 522.10 which requires as follows:

(a) That the gaming operation be licensed and regulated under an ordinance or resolution approved by the Chairman of the National Indian Gaming Commission;

(b) That income to the tribe from an individually owned gaming operation shall be used only for one or more of the following purposes:

(1) To fund tribal government operations or programs;

(2) To provide for the general welfare of the Tribe and its members (if a tribe elects to make per capita distributions, the plan must be approved by the Secretary of the Interior under 25 U.S.C. § 2710 (b)(3);

(3) To promote tribal economic development;

(4) To donate to charitable organizations; or

(5) To help fund operations of local government agencies.

(c) That not less than 60 percent of the net revenues be income to the Tribe;

(d) That the owner pay an assessment to the National Indian Gaming Commission under 25 C.F.R. § 514.1;

(e) Licensing standards that are at least as restrictive as those established by State law governing similar gaming within the jurisdiction of the surrounding State; and

(f) Denial of a license for any person or entity that would not be eligible to receive a State license to conduct the same activity within the jurisdiction of the surrounding State. State law standards shall apply with respect to purpose, entity, pot limits, and hours of operation.