13-14-101. LICENSES FOR VENDORS.

1. Vendors for services or supplies with a value of $25,000 or more annually must have a vendor license from the Tribal Gaming Commission in order to transact business with the Tribal gaming operation. Contracts for professional legal and accounting services are excluded from this section.
2. In order to obtain a vendor license, the business must complete a vendor application and submit to background checks of itself and its principals. Principals of a business include its officers, directors, management, owners, partners, non-institutional stockholders that either own 10% or more of the stock or are the ten (10) largest stockholders, and the onsite supervisor or manager under the agreement with the Tribe, if applicable.
3. Applications for vendor licenses must include the following:
   1. Name of business, business address, business phone, federal tax ID Number (or SSN if a sole proprietorship), main office address if different from business address, any other names the applicant has done business under, type of service applicant will provide;
   2. Whether the applicant is a partnership, corporation, limited liability company, sole proprietorship, or other entity;
   3. If the applicant is a corporation, the state of incorporation, and the qualification to do business in the State of State of South Dakota if the gaming operation is in a different State than the State of incorporation;
   4. Trade name, other names ever used, names of any wholly owned subsidiaries or other businesses owned by the vendor or its principles;
   5. General description of the business and its activities;
   6. Whether the applicant will be investing in or loaning money to the gaming operation and, if so, how much;
   7. A description of any existing and previous business relationships with the gaming industry generally, including ownership interests in those businesses;
   8. A description of any existing and previous business relationships with Indian tribes, including ownership, financial, management interests in non-gaming activities;
   9. Names, addresses, and phone numbers of three business references with whom the company had regularly done business for the last five years;
   10. The name and address of any licensing or regulatory agency with which the business has filed an application for a license or permit related to gaming, whether or not such license or permit was granted;
   11. If the business has ever had a license revoked for any reason, the circumstances involved;
   12. A list of lawsuits to which the business has been a defendant, including the name and address of the court involved, and the date and disposition if any;
   13. List the business funding sources and any liabilities of $50,000 or more;
   14. A list of the principals of the business, their social security numbers, addresses and telephone numbers, title, and percentage of ownership in the company; and
   15. Any further information the Tribe deems relevant.
4. The following notice shall be placed on the application form for a vendor and its principals:
   1. Inclusion of false or misleading information on the vendor application may be grounds for denial or revocation of the Tribe’s vendor license.
5. The Tribe may charge a license fee, to be set by the Tribal Gaming Commission, to cover its expenses in investigating and licensing vendors of the gaming operation.