Standards for Denial of a Gaming License

The Tribe may not issue a Gaming license to any person who:

• Is under the age of 18
• Has been convicted of or entered a plea of no contest to a gambling related offense, theft, fraud or misrepresentation; or
• Has been convicted or entered a plea of guilty or no contest to any offense within the immediate proceeding five years; this shall not apply if that person has been pardoned by the Governor of the State where the conviction occurred.
• Any person the Tribal Gaming Commission determines, after notice and hearing, that the person has participated in organized crime or unlawful gambling or is a person whose prior activities criminal record, reputation, habits and/or associations pose a threat to the public interest or to the effective regulation and control of gaming.
• The terms “Fraud and Misrepresentation”, as used in Section 4(D)(2) of the Tribal-State Compact, shall mean a criminal offense committed in Michigan, and which is a felony, or involving theft, fraud or misrepresentation, which is a felony, or would be a felony if committed in Michigan, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from employee’s criminal record by executive pardon, state court order, or operation of law.

The terms “Fraud and Misrepresentation”, as used in Section 4(D)(2) of the Tribal-State Compact, shall mean a criminal offense committed in Michigan, and which is a felony, or involving theft, fraud or misrepresentation, which is a felony, or would be a felony if committed in Michigan, and which was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from employee’s criminal record by executive pardon, state court order, or operation of law.

The phrase �any offense� as being used in section 4(D)(3) of the Tribal-State Compact, shall mean any criminal offense not described as section 4(D)(2), whether committed in this state or any other jurisdiction, that is, or would be, a crime under the provisions of the Michigan Penal Code, Act No.328 of the Public Acts of 1931, as amended, being MCL 750.1 to 750.568, or the Controlled Substance provisions of the Public Health Code, Act No. 368 of the Public Acts of 1978, as amended being MCL 333.7101 to 333.7545 or any criminal offense not specified in subparagraph (2) involving theft, dishonesty, fraud or misrepresentation arising under the law of Michigan or another state or jurisdiction, that was committed as an adult or prosecuted as an adult offense, and which has not been effectively removed from employee�s criminal record by executive pardon, state court order, or operation of law.

(Examples) of charges that can render an applicant ineligible for a gaming license. Any charge that falls between MCL 750.1-750.568 and MCL 333.4101-333.7545.

• MCL 750.167-Disorderly person
• MCL 750.394-Throwing an egg/snowball at a car/moving vehicle.
• MCL 750.81-Assault & Battery
• MCL 750.110-Breaking & Entering
  
• MCL 750.362-Failure to return rented property
• MCL 750.131-Non-Sufficient Funds/bouncing a check
• MCL 750.89-Intent to rob & steal while Armed

OR

• MCL 333.730.2.D-Controlled Substance-Possession of Marijuana
• MCL 333.7401.D.3-Controlled Substance-Delivery/Manufacture of controlled Substance.