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5.05.290 Gaming facility.
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A. The Commission shall issue a separate license to each place, facility or location on Indian lands where class II or class III gaming is conducted under this chapter. The license shall be posted in a conspicuous and public place in the gaming facility at all times.

B. The Commission shall determine and, if appropriate, certify that each gaming facility, or the modification or expansion of a gaming facility, meets the Tribe’s building and safety code and the Americans with Disabilities Act, 42 U.S.C. § 12101 et seq. based an inspection by qualified building and safety experts.

C. The Commission shall give reasonable notice of each inspection to the state’s designated agent or agents, who may accompany any such inspection. The Commission and the state’s designated agent or agents shall exchange any inspection reports within 10 days after completion of the report and simultaneously forward copies of such reports to Tribe’s Chairperson.

D. The Tribe is responsible for ensuring that any gaming facility condition noted in an inspection that does not meet the standards set out in subsection (B) of this section is corrected.

E. If the state’s designated agent or agents object to a certification by the Tribe’s building and safety code experts that a gaming facility meets the standards set out in subsection (B) of this section, the Tribe shall make good faith efforts to address the state’s concerns, but if the state does not withdraw its objection the matter will be resolved in accordance with the dispute resolution provisions of Section 9 of the Compact.

F. The requirements of subsections (C) and (E) of this section shall not apply to any facility which includes only Class II gaming activities and not Class III gaming activities, unless otherwise required by applicable federal law. [Amended 4/12/04; Ord. 08-03 Art. IX § 16, approved 11/8/03.] (Ord. adopted 4/12/04, 2004; Ord. 08-03 Art. IX § 16, 2003.)