Any violation of this chapter is a civil infraction and any person found to have committed such an infraction is subject to imposition of a fine of no more than five thousand dollars ($5,000.00) for each violation.

Any money, other representative of value or real or personal property used in or derived from participation in any activity conducted in violation of this chapter shall be subject to seizure by tribal law enforcement or security officers, and forfeited to the Tribe’s treasury upon a finding by the Tribal Court that such money or other representation of value was used in or derived from participation in an activity conducted in violation of this chapter. Tribal law enforcement or security officers shall coordinate and cooperate with the Executive Director in the issuance of citations and seizure of property used in the commission of a violation of this chapter. A tribal law enforcement or security officer shall accompany the Executive Director during the issuance of any such citation or seizure of property.

Winnings found to have been received in violation of this chapter shall be forfeited and become the property of the gaming operation.

The general manager of the gaming operation and the head of security for the gaming operation (as designated by the general manager), the Executive Director and the Gaming Commission’s compliance manager shall each have the power to temporarily detain persons suspected of violating this chapter and seize evidence if any of the foregoing persons determine that such action is necessary to preserve the same for tribal law enforcement or security officers or other law enforcement officials.

The Tribe intends that the general manager of the gaming operation and the head of security for the gaming operation (as designated by the general manager) shall be the primary persons who may detain persons and seize evidence within the gaming facility. The Executive Director and the Gaming Commission’s compliance manager may take such action within the gaming facility if the general manager or head of security for the gaming operation are not available or in the event no action is taken and the Executive Director or the Gaming Commission’s compliance manager determine it is necessary to take action. The Executive Director and the Gaming Commission’s compliance manager shall be the primary persons who shall detain persons and seize evidence outside of the gaming facility. Detention and seizure actions taken by the Executive Director or Gaming Commission’s compliance manager shall be completed in coordination with tribal law enforcement or security officers and pursuant to a regulation adopted pursuant to Section 3-308.

Such detention shall be for a temporary period and for the sole purpose of identifying such persons, and for purposes of notifying and summoning appropriate law enforcement authorities and detaining such persons as long as is necessary to transfer them to the appropriate law enforcement officers. Detention of such persons shall not unduly interfere with the business of the gaming operation. Persons shall be transferred to appropriate law enforcement officers as soon as reasonably possible. Any area within which a person is detained pursuant to this chapter shall be equipped with both video and audio recording capabilities. Any person detained in such an area shall be kept under both video and audio observation during such temporary detention.

Violations of this chapter may result in: persons being prohibited from being present within the gaming facility; license suspensions, revocations or limitations; and closure of establishments pursuant to cease and desist orders issued by the Gaming Commission. All such action shall be taken at the discretion of the Gaming Commission, subject to the right to appeal the civil fine or forfeiture of property to the Tribal Court. A violator of this chapter may also be required to pay court costs, storage fees and auction or sales fees. (Res. 2019-28)