Section GMG.01.21 — Jurisdiction And Enforcement

(a) Jurisdiction. Except as provided in this Ordinance or in any Tribal/State Compact under the IGRA, the Commission shall have jurisdiction over all violations of this Ordinance with the right for appeal.

(b) Prohibited Acts. In addition to other civil and criminal offenses provided for in this Ordinance or under other applicable law, the following acts are prohibited and may subject any violator to the civil, administrative or criminal penalties and/or revocation of Employee Gaming License specified herein, and may require a Tribal Gaming Waiver if convicted or entered a plea of guilty or no contest to these acts pursuant to the Tribal Gaming Waiver Policy.

(1) Is found to have intentionally supplied false and/or misleading material information or has omitted material information on his/her license application or application for employment with any gaming operator or with the Commission.

(2) Knowingly making a false statement in connection with any contract with the Gaming Facility or Ancillary Facilities.

(3) Bribing or attempting to bribe a Tribal Council member, Commissioner, Compliance Officer or other person in an attempt to avoid or circumvent this Ordinance or any other applicable law;

(4) Offering or accepting a loan, financing or other thing of value between a Commission member, Compliance Officer, key employee or tribal government official and any person participating in any gaming activity, excluding tribal programs like the loan program.

(5) Falsifying, altering or failing to keep sufficient books and records to substantiate receipts, disbursements and expenses incurred or paid from, but not limited to, any gaming activity authorized pursuant to this Ordinance.

(6) Falsifying any books or records that relate to any transaction connected with any gaming activity pursuant to this Ordinance.

(7) Conducting or participating in any gaming activity that in any manner results in cheating or misrepresentation or that allows any other disreputable tactics that detract from the fair nature and equal chance of participation between gaming players, or that otherwise creates an advantage over and above the chance of such gaming activity and that affects its outcome. The employee has knowingly promoted, played or participated in any gaming activity operated in violation of this Ordinance or any other applicable law.

(8) To conduct a gaming activity with or to allow participation in a gaming activity by an intoxicated or disorderly player.

(9) To allow or participate in the sale of liquor at gaming sites if such sale is prohibited by tribal law; to allow the sale of alcohol to anyone below the age of twenty-one (21), or below the age permitted under Wisconsin State law.

(10) To accept consideration other than money, personal checks or other approved consideration for the chance to play, to provide services or participate in any gaming activity.

(11) To solicit, directly or indirectly, or to use inside information on the nature or status of any gaming activity for the benefit of any person.

(12) To tamper with a gaming device or conspire to tamper or manipulate the outcome or the payoff of a gaming device, or otherwise interfere with the proper functioning of the machine.

(13) To alter or counterfeit a gaming license.

(14) To aid, abet or conspire with another person knowingly, or knowingly to cause any person to violate any provision of this Ordinance or any rules and regulations adopted hereunder.

(15) To operate, use or make available to the public any illegal gaming device, apparatus, material or equipment.

(16) To sell or hold out for sale or transport into or out of the jurisdiction of the Tribe any illegal gaming device, apparatus, material or equipment.

(17) To assist or allow a person who is under age to participate in any gaming activity.

(18) To possess any illegal narcotics or illegal controlled substances on any licensed gaming site.

(19) To steal or attempt to steal funds or other items of value from the Tribe or any gaming facility or ancillary facility.

(20) To conspire with or induce any person to violate any of the provisions of this Ordinance or any tribal, federal or applicable state law.

(21) No Gaming Operator or any of his or her employees, agents or vendors shall engage in any act, practice, or course of operation that could result in a fraud or deceit upon any person.

(22) To use bogus or counterfeit chips, or to substitute or use any game, cards, or gaming equipment that have been marked or otherwise altered.

(23) To bring onto tribal lands, to employ or have on tribal property any device to facilitate cheating in any game of chance.

(24) To knowingly use any fraudulent scheme or technique, or to solicit, provide or receive inside information about any gaming activity with the intent of benefiting any person.

(25) To take, solicit or encourage any action that undermines the integrity of any game of chance.

(26) To participate in any gaming activity that was not authorized by this Ordinance.

(c) Civil Violations. Any person or entity who violates any provision of the Ordinance, Tribal/State Compact, adopted Minimum Internal Control Standards or any rule or regulation authorized hereunder, or fails or neglects to comply with any order of the Commission, may be liable for civil or administrative fine not to exceed five thousand dollars ($5,000). Each day during which such violation or failure to comply continues shall constitute a separate violation of this Ordinance. Fines issued by the Commission are governed by the Commission's "Regulations on Fines and Enforcement Policy for Tribal Gaming Entities and their Employees."

(1) Any person who violates any provision of this Ordinance or any rule or regulation authorized hereunder shall be subject to the IGRA, 27 U.S.C. 2713, which states that civil penalties for such violations of tribal law or the federal act may result in fines not to exceed twenty-five thousand ($25,000) against a tribal operator or management contractor.

(d) Purpose of Civil and Administrative Penalties. The civil and administrative fines imposed under this Ordinance are intended to be remedial and not punitive and are designed to compensate the Tribe for the damage done to the peace, security, economy and general welfare of the Tribe and the tribal community and to compensate the Tribe for costs incurred by the Tribe in enforcing this Ordinance. The civil and administrative fines under this Ordinance are also intended to coerce persons into complying with this Ordinance and the Commission regulations and not to punish such persons for violation of such laws and regulations.

(e) Seizure and Forfeiture of Property. All property utilized in violation of this Ordinance shall be subject to seizure and forfeiture by order of the Commission, pursuant to tribal law, or by the State if prosecution proceeds under State criminal law.

(f) Criminal Violations. State criminal law shall apply as mandated under P.L. 280 and as specifically addressed in the Tribal/State Compact. In those areas where the state has no criminal statutes to cover the criminal violation that occurs on tribal property, pertaining to a gaming-related incident, the Tribe and the state shall work together to devise a means of enforcement against the specific violation. Where cooperation is not forthcoming from the state, the Commission shall seek assistance from Federal agents for enforcing tribal gaming laws and any applicable federal laws.