July 23,2013 

By First Class Mail 

Rodney Morris, Chairman 

Omaha Tribe of Nebraska 

P.O. Box 368 

Macy, Nebraska 68039 

Re: Omaha Tribe of Nebraska Tribal Gaming Ordinance, Res. No. 13-49 

Dear Chairman Morris: 

This letter responds to your request for the National Indian Gaming Commission to 

review and approve the amended Omaha Tribe of Nebraska's Tribal Gaming Ordinance, 

submitted with Resolution No. 13-49 on April 30,2013. The amended ordinance includes 

technical and substantive revisions to the current ordinance that was approved on August 8, 

2005. The changes include the following: 

Replaces Title 28 of the Omaha Tribal Code (Class I1 Gaming) with Title 29 and 

allows for Class I11 Gaming pursuant to Compact with the State of Iowa; and 

Revises background and licensing provisions to comply with NIGC regulations, 25 

C.F.R. parts 556 and 558. 

Thank you for bringing the amended gaming ordinance to my attention and for providing 

me with a copy of the updated ordinance, which will be posted on the NIGC website. The 

ordinance is approved, as it is consistent with the requirements of the Indian Gaming Regulatory 

Act and NIGC regulations. 

If you have any questions, please feel free to contact Attorney Jennifer Ward at 202-632- 

7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Warhington, DC 20005 Tel: 202632.7003 Fax: 202632.7066 WWW.NIGC.GOV 1 REGIONAL OFFICES Pofiland, OR; Sacramento, CA, Phoenix. AZ: St. Paul. MN:Tulsa. OK 
OMAHA TRIBAL CODE (2013)

TITLE 29. GAMING 

TITLE 29. GAMING 

TABLE OF CONTENTS 

SECTION 29-1-1. Title. 1

SECTION 29-1-2. Authority. 1

SECTION 29-1-3. Findings. 1

SECTION 29-1-4. Purposes. 1

SECTION 29-1-5. Definitions. 2

SECTION 29-1-6. Interpretation of Code. 5

SECTION 29-1-7. Severability. 5

SECTION 29-1-8. Repeal of Inconsistent Legislation. 5

SECTION 29-1-9. Codification. 5

SECTION 29-1-10. Effective Date of Code. 5

SECTION 29-1-11. Sole Proprietary Interest. 5

SECTION 29-1-12. Classes of Games Authorized. 5

SECTION 29-1-13. Protection of the Environment and Public Health and Safety. 5

SECTION 29-1-14. Gaming Facility License Required. 6

SECTION 29-1-15. Regulation of Gaming. 6

SECTION 29-1-16. Use of Gaming Revenue. 6

SECTION 29-1-17. Audits. 6

SECTION 29-1-18. Management Contracts. 6

SECTION 29-1-19. Compliance With Applicable Federal Laws. 7

SECTION 29-1-20. Compliance with Compact. 7

SECTION 29-1-21. Consent to Jurisdiction. 7

SECTION 29-1-22. Noncompliance. 7

SECTION 29-1-23. Designation of Agent for Service of Process. 7

SECTION 29-1-24. Tribal Gaming Commission. 8

SECTION 29-1-25. Chairman of the Gaming Commission. 14

SECTION 29-1-26. Omaha Tribal Gaming Commission Regulations. 15

SECTION 29-1-27. Gaming Commission Meetings. 15

SECTION 29-1-28. Confidentiality. 16

SECTION 29-1-29. License, Registration, or Permit Required. 17

SECTION 29-1-30. Facility Licenses. 17

SECTION 29-1-31. Gaming Licenses. 19

SECTION 29-1-32. Background Investigations. 20

SECTION 29-1-33. Issuance of Licenses; Adverse Licensing Actions. 22

SECTION 29-1-34. Gaming Vendor License. 24

SECTION 29-1-35. Non-Gaming Vendor Registration 25

SECTION 29-1-36. Application/License Fee; Resident Agent; Notices. 25

SECTION 29-1-37. Minimum Standards for Inspection and Approval of Gaming Devices. 25

SECTION 29-1-38. Gaming Management Responsibility; Operational Procedures. 26

SECTION 29-1-39. Records; Inspections; Insurance Policy. 26

SECTION 29-1-40. Investigation. 27

SECTION 29-1-41. Violations. 27

SECTION 29-1-42. Forfeiture; Restraint. 29

SECTION 29-1-43. Civil Jurisdiction. 30

SECTION 29-1-44. Hearings and Appeals. 31

SECTION 29-1-45. Patron Disputes. 32

SECTION 29-1-46. Exclusion or Ejection of Certain Persons From Gaming Establishment. 34

SECTION 29-1-47. Communications between Members of the Commission and its Agents. 35

SECTION 29-1-48. Calculation of Time. 35

SECTION 29-1-49. Reserved 35
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TITLE 29. GAMING 

TITLE 29. GAMING

Source: Omaha Tribal Council Ordinance No. 13-49 (3/21/13), approved by NIGC 7/23/13. 

SECTION 29-1-2. Title. 

This Code shall be cited as the “Omaha Tribal Gaming Code.”

SECTION 29-1-3. Authority. 

The Code is promulgated pursuant to Article IV, Sections 1(j) of the Constitution, the Bylaws, and the 

inherent powers of the Omaha Tribe as a federally recognized sovereign Indian tribe. 

SECTION 29-1-4. Findings. 

The Tribal Council of the Tribe finds as follows: 

(a) The Indian gaming industry is vitally important to the economy of the Tribe and the health and 

general welfare of its Citizens as well as the economy of the area surrounding the Tribe's territories and the 

inhabitants of such surrounding areas. 

(b) The continued growth and success of Indian gaming is dependent upon public confidence and trust 

that Indian gaming is conducted honestly and competitively and that Indian gaming is free from criminal 

and corrupt elements. 

(c) Public confidence and trust can only be maintained by strict and fair regulation of all persons, 

practices and activities related to the operation of Indian gaming. 

(d) It is essential to the health, safety and general welfare of the Citizens of the Tribe that standards 

and regulations to govern the conduct of gaming activities be established and promulgated. 

(e) Gaming is a socially acceptable method of recreation and a valid and efficient means for 

enhancing governmental revenue, provided that it is properly, fairly and fully regulated. 

(f) The Tribe has the sole proprietary interest in and responsibility for the conduct of gaming 

activities on the Indian Lands of the Omaha Tribe. 

(g) The Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 2701 et seq., recognizes the authority of 

the Tribe to regulate gaming on the Indian Lands of the Omaha Tribe. 

SECTION 29-1-5. Purposes. 

This Code was promulgated in order to regulate the conduct of gaming on Indian Lands and to implement 

the following purposes: 

(a) To authorize the conduct of Class I, II, and III Gaming activities pursuant to the Indian Gaming 

Regulatory Act of 1988, 25 U.S.C. § 2701 et seq., as a means of promoting tribal economic development; 

(b) To enhance employment opportunities for Tribal Citizens as well as residents of the Tribe's 

territories and the surrounding area; 

(c) To strengthen the economy of the Tribe and that of the surrounding areas; 

(d) To generate revenue for use in improving the economic status, health, education and general 

welfare of Tribal Citizens and create economic opportunities for Tribal Citizens; 

(e) To assure that the Tribe is the primary beneficiary of gaming and that a minimum of 20% of the 

profits received by the Tribe from the operation of gaming activities are used to promote economic 

development, education, governmental services, health and the general welfare of the Tribe and its 

Citizens; 
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TITLE 29. GAMING 

(f) To develop and implement an effective regulatory scheme for the conduct of gaming on Indian 

Lands and to assure that each Gaming Facility is constructed, maintained, and operated in a manner that 

adequately protects the environment and the public health and safety; 

(g) To provide a basis for the operation and regulation of gaming by the Tribe as a means of 

promoting Tribal economic development, self-sufficiency and full employment of Tribal Citizens and a 

strong Tribal government; 

(h) To assure that all gaming activities will be conducted under the exclusive ownership, control and 

responsibility of the Tribe and the Operator; 

(i) To assure that the Tribe will receive at least 60% of the net revenues of all gaming activities 

conducted pursuant to this Code; 

(j) To ensure that such gaming activities are carried out in conformity with the Indian Gaming 

Regulatory Act of 1099, 25 U.S.C. § 2701 et seq., and any Compact as may presently be in effect or be 

executed hereafter. 

(k) To protect the health, welfare and safety of the public; 

(l) To assure that the profits derived from the Tribe’s gaming activities are accurately reported, are 

transferred to the rightful parties and are used for the purposes intended; 

(m) To assure honesty and financial integrity of all gaming conducted pursuant to this Code and the 

Compact; 

(n) To establish as a matter of law that an Omaha Tribal license to operate a gaming activity is a 

revocable privilege, not a right or property interest; 

(o) To deter any criminality, or the potential for any criminality to occur, and to shield gaming from 

any involvement with organized crime or other corrupting influences; and 

(p) To protect, preserve and enhance the economic and general welfare of the Omaha people and 

ensure that the Tribe regulates gaming in a manner that is commensurate with the interests of the Omaha 

people. 

SECTION 29-1-6. Definitions. 

(a) “Applicant” means any person or entity applying for a license pursuant to the provisions of this 

Code. 

(b) "Blackbird Bend Corporation" means the wholly owned tribal entity established under the laws of 

the Omaha Tribe by Omaha Tribal Council Resolution No. 10-95 for the purpose of operating the Tribe's 

Gaming Facilities, also referred to herein as "Operator." 

(c) "Chairman" means the Chairman of the Omaha Tribal Gaming Commission 

(d) “Class I Gaming” means Class I Gaming as defined at 25 U.S.C. § 2703(6), and any regulations 

promulgated hereunder. 

(e) "Class II Gaming" means Class II Gaming as defined at 25 U.S.C. § 2703(7)(A), and any 

regulations promulgated hereunder. 

(f) "Class III Gaming" means Class III Gaming as defined at 25 U.S.C. § 2703(8), and any 

regulations promulgated hereunder. 

(g) "Commission" means the Omaha Tribal Gaming Commission and all members thereof, including 

the Chairman. 

(h) "Compact" means an effective Tribal-State Compact, including the Appendices to the Compact, 

both as amended from time to time, between the Omaha Tribe and the State of Iowa and/or State of 

Nebraska. 

(i) "Gaming Code" and "Code" means Title 29 of the Omaha Tribal Code, as it may, from time to 
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TITLE 29. GAMING 

time, be amended or renumbered. 

(j) "Gaming Facility" means each location or structure in which authorized gaming is licensed, 

promoted, performed, conducted, or operated pursuant to the IGRA, the Compact, and this Code. 

(k) “Gaming Financier” means a person or entity providing financing to the gaming operation that are 

required to be licensed pursuant to this Code, provided, however, that any federally regulated or stateregulated bank, savings and loan, or trust, or other federally or state-regulated lending institution; any 

agency of the federal, state, tribal or local government; or any other person or entity, including but not 

limited to an institutional investor who alone, or in conjunction with others, lends money through publically 

or commercially traded bonds or other commercially traded instruments, including but not limited to the 

holders of such bonds or instruments or their assignees or transferees, or which bonds or commercially 

traded instruments are underwritten by any entity whose shares are publically traded or which underwriter, 

at the time of underwriting, has assets in excess of one hundred million dollars ($100,000,000.00) shall be 

exempt from the licensing and background investigation requirements pursuant to this Code. 

(l) “Gaming Goods” means any items or supplies used for or in conjunction with games and gaming 

and the security for such games and shall include, but not be limited to, the games themselves (including 

gaming machines, gaming tables, cards, chips, dice, etc.); machines that count, weigh, or otherwise are 

used to process currency, chips, gaming tickets, gift cards, and other items of monetary value on the 

gaming floor or in backroom operations including currency and ticket counters, ticket redemption units, 

ticket and currency kiosks, and bill breakers; software and computer hardware that controls such games 

and/or that monitors or accounts for money and tickets for one or more games or that tracks players; 

security equipment such as surveillance cameras, recording equipment, key security systems, etc; and the 

parts and supplies for such games, machines, items, and systems. 

(m) "Gaming Vendor" means any person or entity that (1) manufactures, sells, or supplies Gaming 

Goods, including gaming equipment, or services for the gaming activities and operations at the Tribe's 

Gaming Facilities, including accounting services, but excluding certified public accountants or attorneys 

and their firms to the extent that they are providing services covered by their professional licenses; (2) 

provides any other goods and services related to the gaming operation; (3) provides development and/or 

construction services in relation to a Gaming Facility licensed or required to be licensed pursuant to this 

Code; or (4) is engaged by the Tribe under a Management Contract. 

(n) “IGRA” means the Indian Gaming Regulatory Act of 1988, 25 U.S.C. § 2701 et seq.

(o) "Indian Land" or "Indian Lands" means all lands that meet the definition of Indian lands as 

defined in 25 U.S.C. § 2703(4). 

(p) "Key Employee" means a natural person who is employed in an executive capacity or is 

empowered by the Operator to make discretionary decisions or exercise significant influence over decisions 

which regulate casino operation and any other person designated by the Regulations, including a person 

who performs one or more of the following functions: bingo caller, counting room supervisor, chief of 

security, custodian of gaming supplies or cash, floor manager, pit boss, dealer, croupier, approver of credit 

or custodian of gambling devices including persons with access to cash and accounting records within such 

devises. This term shall also include any person whose total cash compensation is in excess of $50,000 per 

year, the four most highly compensated persons in the gaming operation, and any other person designated 

by the Commission as a key employee. 

(q) “Licensee” means any person or entity holding a valid and current license pursuant to the 

provisions of this Code. 

(r) "Management Contract" means any contract, agreement or other document, including all collateral 

agreements, between the Omaha Tribe and a third-party contractor or between a Omaha Tribe contractor 

and a subcontractor if such contract or agreement provides for the management of all or part of a gaming 

operation. 

(s) “Management Contractor” means a natural person or entity that has entered into a Management 

Contractor with the Tribe or the Operator which has been approved pursuant to 25 U.S.C. § 2710(d)(9) and 
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TITLE 29. GAMING 

2711. 

(t) "NIGC Chairman" means the Chairman of the National Indian Gaming Commission. 

(u) "Non-Gaming Vendor" means a provider of services or goods to a Gaming Facility that are not 

directly related to or used in connection with gaming activities or the handling, processing, and/or 

accounting of cash or cash equivalents from the gaming activities, but excluding goods and services 

provided by a publicly regulated utility company. Examples of such goods and services include, but are not 

limited to, providers of: uniforms or laundry services; food, beverages and goods; cleaning supplies and 

services; general purpose equipment or items such as light bulbs, vacuum cleaners, and decorations; 

entertainment services. 

(v) "Net Revenue" means gross gaming revenues of a gaming operation less amounts paid out as, or 

paid for, prizes, and total gaming-related operating expenses, including all those expenses of the gaming 

operation commonly known as operating expenses and non-operating expenses consistent with professional 

accounting pronouncements, excluding management fees. 

(w) "Omaha Hiring Preference" means the standard to be applied in the final selection process when 

there are two candidates for the same position, one of whom is a Tribal Citizen, and one of whom is not, 

who are equally qualified for the position in terms of education, background, training, and experience in 

which case hiring preference shall be accorded to the qualified member of the Omaha Tribe. 

(x) "Omaha Tribe" or "Tribe" means the Omaha Tribe of Nebraska, tribal law enforcement authorities 

and all governmental persons or entities acting under the authority of the Omaha Tribe. 

(y) "Operator" means the Blackbird Bend Corporation. 

(z) "Primary Management Official" means the person having management responsibility for a 

Management Contract; or any person who has authority to hire and fire employees, set up working policy 

for the gaming operation, supervise, direct, or operate Gaming Facilities; or the Chief Financial Officer or 

other person who has financial management responsibility; or any other person designated by the Tribe as a 

Primary Management Official. 

(aa) “Principals” means with respect to Gaming Vendors and Gaming Financiers, its sole proprietor or 

any partner, trustee, beneficiary, or shareholder holding fifteen (15%) percent or more of its beneficial or 

controlling ownership, or any officer, director, primary management employee including its Chief Financial 

Officer or other person who has financial management responsibility as an employee or under contract, or 

key employee thereof; and with respect to Management Contractors, any person or entity having a direct 

financial interest in, or management responsibility for the Management Contract, including any officer of a 

corporation, any individual who serves on the board of directors of a corporation, any shareholder who 

directly or indirectly owns five (5%) percent or more of the issued and outstanding stock of the corporation, 

all general partners in a partnership, and all managers of a limited liability company. 

(bb) "Regulations" means the Regulations promulgated by the Commission pursuant to this Code. 

(cc) "Revoke" shall mean to permanently void and recall all rights and privileges to hold or obtain 

license. 

(dd) "Secretary" means the Secretary of the Department of the Interior. 

(ee) "State" means the state with which the Tribe has duly entered an effective Tribal-State Compact, 

including individuals, entities, political subdivisions (including counties), and agencies thereof. 

(ff) "Suspend" means to cause a temporary interruption of all rights and privileges of a license. 

(gg) "Tribal Chairman" means the duly elected Chairman of the Omaha Tribe. 

(hh) "Tribal Citizen" or "Citizen" means a person who is an enrolled member of the Omaha Tribe. 

(ii) "Tribal Court" or "Court" means the judicial body of the Tribe. 

(jj) "Tribal Council" or “Council" means the Omaha Tribal Council. 
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TITLE 29. GAMING 

(kk) "Tribal Gaming Commission," "Gaming Commission" and "Commission" means the Omaha 

Tribal Gaming Commission established by the Tribe pursuant to this Code as required by the Compact. 

(ll) "Tribe" means the Omaha Tribe of Nebraska, a federally recognized Indian tribe organized under 

a constitution and bylaws approved by the Secretary of the Interior on April 30, 1936, pursuant to Section 

16 of the Indian Reorganization Act of June 18, 1934 (48 Stat. Sec. 984) (25 USC Sec. 476), as amended 

by the Act of June 15, 1935 (49 Stat. Sec. 378). 

SECTION 29-1-7. Interpretation of Code. 

The provisions of this Code, being necessary for the welfare of the Omaha Tribe and its inhabitants, shall 

be liberally construed to effect the purposes and objects thereof. Section headings contained herein shall 

not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the 

provisions of any article or section hereof. 

SECTION 29-1-8. Severability. 

The provisions of this Code are severable and if any part or provision hereof shall be held void by a court 

of competent jurisdiction, the decision of the court so holding shall not affect or impair any of the 

remaining parts or provisions of this Code. 

SECTION 29-1-9. Repeal of Inconsistent Legislation. 

This Code revokes, supersedes, and replaces Title 28: Class II Gaming and Title 29: Class III Gaming, in 

their entirety. All other laws of the Omaha Tribe inconsistent with the provisions of this Code and existing 

as of the effective date of this Code are hereby repealed, including all inconsistent laws, ordinances, and 

resolutions. Repeal by this Code of any law, ordinance, or resolution shall not have the effect of reviving 

any prior law, ordinance, or resolution heretofore repealed or suspended by such repealed code. 

SECTION 29-1-10. Codification. 

This Code is hereby codified as Title 29 of the Omaha Tribal Code and may be recodified as necessary to 

the extent the Omaha Tribal Code of Laws is recodified.

SECTION 29-1-11. Effective Date of Code. 

This Code shall become effective as a replacement for the laws governing Class II and Class III Gaming, as 

codified in Title 28: Class II Gaming and Title 29: Class III Gaming of the Omaha Tribal Code of Laws, 

and any amendments to Titles 28 and 29 enacted prior to the date of this Code, immediately upon its 

approval by the Chairman of the NIGC. 

SECTION 29-1-12. Sole Proprietary Interest. 

The Omaha Tribe shall have the sole proprietary interest and responsibility for the conduct of gaming 

activities conducted on the Indian Lands of the Omaha Tribe. 

SECTION 29-1-13. Classes of Games Authorized. 

(a) Classes I, II, and III Gaming are hereby authorized to be conducted upon Indian Lands of the 

Omaha Tribe, provided that Class III Gaming shall be permitted only if, and only to the extent, authorized 

by a duly executed Tribal-State Gaming Compact(s) and/or amendment(s) thereto approved by the 

Secretary of the Department of the Interior. No Class III Gaming activities may be conducted on Indian 

Lands of the Omaha Tribe in the absence of a valid, approved Compact or in contravention of such 

Compact. 

SECTION 29-1-14. Protection of the Environment and Public Health and Safety. 

The Omaha Tribe’s Gaming Facilities shall be constructed, maintained, and operated in a manner that 

adequately protects the environment and the public health and safety. 
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TITLE 29. GAMING 

SECTION 29-1-15. Gaming Facility License Required. 

The Omaha Tribe shall issue a separate license to each place, facility, or location where gaming is 

conducted under this Code. Every Gaming Facility shall display in a prominent place a current and valid 

license for that location. 

SECTION 29-1-16. Regulation of Gaming. 

All gaming activities of the Omaha Tribe and all related activities undertaken in connection with such 

gaming activities shall be regulated by the Omaha Tribal Gaming Commission, an independent regulatory 

agency of the Omaha Tribe. 

SECTION 29-1-17. Use of Gaming Revenue. 

(a) Net Revenues. Net revenues from Class II and Class III Gaming shall be used only for the 

following purposes: 

(1) To fund the Tribe’s government operations and programs;

(2) To provide for the general welfare of the Tribe and its members; 

(3) To promote the Tribe’s economic development activities;

(4) To donate to charitable organizations; and 

(5) To help fund operations of local government agencies. 

(b) Restrictions. The Tribe’s gaming revenues may be expended for the purposes specified in 

subsection (a) of this Section only if administered by a governmental department, division, component, 

agency, and/or other governmental instrumentality of the Omaha Tribe as authorized by the Tribe’s law(s) 

and/or as appropriated by the Tribal Council. The Tribe’s gaming revenues shall not be subject to 

distribution to individual members on a per capita basis, provided that, nothing in this section shall be 

construed to prevent the Tribe from disbursing grants, scholarships, or providing other benefits or services 

administered by the Tribe to qualified members; provided further, that nothing in this Code shall be 

construed to limit the authority of the Omaha Tribe or any governmental instrumentality of the Omaha 

Tribe to make any purchase of any kind or to save, deposit, or invest any portion of the Tribe’s gaming 

revenues in any authorized savings and/or investment fund, account, or program. 

SECTION 29-1-18. Audits. 

An independent financial audit of gaming operations and such reviews and internal audit procedures as may 

otherwise be specified in applicable federal laws or regulations governing casino audit requirements shall 

be conducted annual. The resulting audit reports shall be submitted to the National Indian Gaming 

Commission in accordance with applicable regulations. All gaming related contracts that result in the 

purchase of supplies, services, or concessions in excess of $25,000.00 annually, except contracts for 

professional legal and accounting services, shall be specifically included within the scope of the annual 

independent audit. In addition to an annual independent financial audit, facilities licensees shall be subject 

to such other audits and procedures as may be required by federal law and regulations. 

SECTION 29-1-19. Management Contracts. 

(a) General Prohibition. No management contract may be executed by or on behalf of the Omaha 

Tribe with any third-party unless authorized by a duly adopted resolution of the Tribal Council and in full 

compliance with all applicable provisions of IGRA, particularly, 25 U.S.C. Section 2711 and regulations 

issued pursuant thereto. 

(b) Terms. A Management Contract must: 

(1) Prohibit the Management Contractor from subcontracting, assigning, or transferring its rights 

and duties or any ownership interest under the contract; 
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TITLE 29. GAMING 

(2) Guarantee the Tribe a minimum monthly distribution of not less than 60% of the monthly net 

income of the gaming and gaming-related activities; 

(3) Not exceed a term of five years, to include all renewal terms; 

(4) Conform with all applicable statutory and regulatory requirements. 

(c) Background Investigation. A background investigation must be completed by the Commission or 

its designee for each person or entity having a direct financial interest in, or management responsibility for 

a Management Contract and, in the case of a corporation, for each individual who serves on the board of 

directors, each officer, and each shareholder who directly or indirectly owns five percent or more of the 

issued and outstanding stock of the corporation. In the case of a management company, background 

investigations shall be conducted for direct or indirect owners of 5% or more of the equity interests in the 

management company. In the case of a partnership (general or limited), background investigations shall be 

conducted on all general partners, regardless of size of equity ownership. In the case of a limited liability 

company, background investigations shall be conducted on all managers, regardless of size or equity 

ownership. 

SECTION 29-1-20. Compliance with Applicable Federal Laws.

In addition to its authority to enforce compliance with this Code and regulations issued hereunder, the 

Commission is hereby delegated the authority to monitor, enforce, and sanction violations of all federal 

laws and regulations applicable to the Tribe’s gaming activities including, without limitation, the pertinent 

provisions of Title 25 of the United States Code and the Code of Federal Regulations, Title 26 of the 

United States Code and the Code of Federal Regulations, and Title 31 of the U.S. Code and Code of 

Federal Regulations, among others. 

SECTION 29-1-21. Compliance with Compact. 

The Commission is hereby delegated the authority to monitor, enforce, and sanction violations of the terms 

and conditions of the Tribe’s gaming Compact(s). 

SECTION 29-1-22. Consent to Jurisdiction. 

(a) Consent. Any person who: 

(1) Applies for and/or is granted a license under this Code; 

(2) Applies for employment in any Gaming Facility licensed and/or regulated under this Code; 

(3) Enters into any contract, engagement, or agreement related to gaming regulated under this 

Code; 

(4) Participates in any gaming activity authorized by this Code or enters onto the premises of any 

Gaming Facility licensed under this Code – 

is subject to the civil jurisdiction of the Tribe, Commission, and the Omaha Tribal Court and a person’s

performance of any of these acts shall constitute consent to the Tribe’s exercise of such jurisdiction. 

(b) Limitation. Nothing in this Section shall limit the jurisdiction of the Tribe, the Commission, or the 

Omaha Tribal Court under any circumstances not explicitly contemplated in this Code, nor shall this Code 

be construed to waive, in whole or in part, the Tribe’s or Operator’s sovereign immunity from unconsented 

suit. 

SECTION 29-1-23. Noncompliance. 

Failure to comply with any of the requirements of this Code, or the regulations promulgated hereunder shall 

constitute a violation of this Code. 

SECTION 29-1-24. Designation of Agent for Service of Process. 
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TITLE 29. GAMING 

The Chairman of the Commission is hereby designated as agent for service of any official determination, 

order, or notice of violation of this Code or of IGRA. The Chairman shall promptly report and provide 

copies of any such service to the Chairman of the Tribal Council and Operator, as appropriate. 

SECTION 29-1-25. Tribal Gaming Commission. 

(a) Establishment. The Omaha Tribal Gaming Commission, an independent regulatory agency of the 

Omaha Tribe, is hereby established. The purpose of the Commission is to regulate the manner in which 

Gaming is conducted. In order to provide for comprehensive and effective regulation of the Tribe’s gaming 

activities, the Commission is authorized to develop and implement regulations regarding gaming activities; 

take necessary steps to ensure that the Gaming Facilities comply with the Indian Gaming Regulatory Act, 

the Code, and the Compact(s); to enforce all applicable tribal, state, and federal laws; and to shield the 

Tribe’s gaming operation from corruption and criminal infiltration. 

(b) Members; Terms; Appointments. Commission membership shall be made up of three (3) 

members, consisting of a Chairman, a Secretary and a Treasurer. The three Commissioners shall serve 

three year terms under the direct authority of the Tribal Council. Each Commissioner may continue to 

serve beyond the expiration of his or her term until the successor to such Commissioner has been appointed 

and confirmed. The Tribal Council shall appoint and confirm Commissioners. In selecting candidates for 

appointment to the Commission, the Tribal Council shall accord preference to members of the Omaha 

Tribe possessing the requisite credentials established in this Code in accordance with the Omaha Hiring 

Preference standard. All openings on the Commission shall be publicly advertised. Commissioners, as a 

prerequisite to appointment, shall be at least 25 years of age and may not hold any elected office of the 

Tribe. 

(c) Commissioners; Compensation. The Chairman, the Secretary, and the Treasurer, respectively, 

shall be compensated in accordance with the approved Commission operating budget then in effect, 

provided that once established compensation shall not be reduced during a Commissioner’s term. The 

employment status and rate of compensation paid to those members of the Commission serving on the date 

of enactment of this Ordinance shall continue unchanged unless and until modified in the Commission 

budget for the succeeding fiscal year following enactment of this Ordinance. 

(d) Commissions; Business Expenses; Reimbursement. Members of the Commission shall be 

reimbursed from Commission funds for all necessary and reasonable travel and other reasonably necessary 

expenses which may be incurred by them from time to time, in accordance with tribal policies and 

procedures as may be in effect from time to time for the Tribe generally. Extraordinary expenses and any 

travel outside of Iowa or Nebraska must have the prior written approval of the Tribal Council in order to be 

reimbursable. 

(e) Qualifications of Commissioners. To be eligible for appointment as a Commissioner, a nominee 

shall: 

(1) Never have been convicted of any gaming-related offense; 

(2) Have no financial interest in, or management responsibility for, any gaming activity; 

(3) Not have been convicted of any felony offense by any court of law within a period of ten (10) 

years preceding appointment; 

(4) Never have been convicted of any offense involving unthruthfulness or dishonesty, including 

but not limited to, fraud, theft, bribery, gaming offense, or embezzlement, regardless of the 

degree of the offense, by any court of law; and 

(5) Have no immediate family members who have a financial interest in the gaming activities or 

equipment specifically regulated by the Commission other than a financial interest enjoyed 

equally by all Tribal Citizens. 

(f) Disqualification. An unfavorable finding with regard to any of the items set forth in subsection (e) 

above shall disqualify a candidate for appointment to the Commission. 
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(g) Education. Each Commissioner must have a four year college degree or comparable work 

experience, or a combination of both, and based on a combination of experience and education be 

considered capable of performing the duties of the position. The Tribal Council will also consider the 

candidate’s combination of experience and education related to gaming, business or other management, law 

enforcement, criminal investigation, and/or accounting and auditing, in determining whether a candidate is 

capable of performing the duties of a Commissioner pursuant to this Code. 

(h) Commissioners; Background Investigation; Failure To Qualify; Removal. Prior to appointing a 

permanent Commissioner, the Tribe shall conduct or cause to be conducted a background investigation on 

the proposed Commissioner, who shall be required to satisfy the requirements for background 

investigations set forth in Section 29-1-32 of this Code. 

(1) Review of Background Investigation. The Tribal Council shall review the background 

investigation(s) for each candidate, which shall be conducted by the Tribal police or other 

designee of the Tribal Council. 

(A) The Tribal Council may not appoint a permanent Commissioner if the individual does not 

meet the criteria in Sections 29-1-31(b) and 29-1-32(g) of this Code. 

(B) The Tribe may appoint a Commissioner pro tem pending the satisfactory completion of 

the background investigations as determined by the Tribal Council. 

(C) Should the background investigation on any proposed appointee be determined negative 

by the Tribal Council, then that appointee shall be disqualified for appointment to the 

Commission and the Tribal Council shall recommence the selection process. 

(2) Failure to Qualify. The failure of a Commissioner pro tem to qualify as a permanent 

Commissioner or to maintain such qualification under this Code, the Compact or other 

applicable law shall cause the Tribal Council to appoint a successor within 10 business days 

after notice thereof and, in the event the Tribal Council fails to make such appointment in 

such 10-day period, the General Counsel to the Tribe may act as Commissioner pro tem until 

the Council appoints a successor. 

(3) Removal. 

(A) A Commissioner shall be removed by the Tribal Council for any one or more of the 

following reasons: 

(i) Conviction of a felony, any gaming related offense (misdemeanor, felony and other 

certain crimes), or any crime of moral turpitude; 

(ii) Noncompliance with this Code, the Regulations or the Compact, or any other 

applicable gaming laws and regulations; 

(iii) Solicitation or acceptance of bribes; 

(iv) Failure to carry out his or her responsibilities; 

(v) Conviction in any court of competent jurisdiction of any offense of any degree 

involving untruthfulness or dishonesty; or 

(vi) Neglect of duty or misconduct reflecting adversely upon the integrity or reputation 

of the Omaha Tribe. 

(B) A Commissioner may be removed from office prior to the end of any term upon a 

majority vote of the Tribal Council for malfeasance in office, neglect of duty, or 

excessive absence from regularly scheduled Commission meetings. 

(4) Removal Procedure. A petition for removal hereunder may be filed with the Tribal Council 

by the Tribal Chairman or by a majority vote of the Tribal Council. 

(A) A Commissioner accused of any of the foregoing causes shall be given a copy of the 

petition charging him or her at least fourteen days in advance of the date set for the 
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hearing by the Tribal Council. The Commissioner shall be afforded the right to respond 

to the charges and present witnesses and other evidence in his or her defense at a hearing 

convened by the Tribal Council. 

(B) The petition shall state the cause or causes for removal with sufficient particularity to put 

the Commissioner on notice of the nature of the charges against him or her. 

(C) The Commissioner so accused shall have the right to be represented by an attorney at the 

hearing, provided that the Commissioner shall be responsible for paying his or her own 

attorneys fees and other expenses in defending against the petition. 

(D) Removal of the Commissioner shall require a majority vote of the Tribal Council. 

(E) The decision of the Tribal Council shall be final and binding, and shall not be subject to 

judicial review. 

(5) Suspension. A Commissioner may be suspended, with or without pay, by the Tribal Council 

for any reason that could subject the Commissioner to removal as provided above. 

(A) If a Commissioner is so suspended, the Tribal Council shall appoint a qualified individual 

to serve as Acting Commissioner during the suspension. 

(B) An Acting Commissioner shall have all powers of the position of Commissioner. 

(C) In the event the Tribal Council fails or is unable to appoint an Acting Commissioner 

within 10 days of the suspension, the Attorney General of or General Counsel to the 

Tribe, as applicable, may serve as Commissioner pro tem until the Council appoints an 

Acting Commissioner. 

(6) Continuing Duty to Report. Commissioners shall serve under a continuing duty to apprise the 

Tribal Council of any charge, arrest, or conviction that occurs during his or her term of office. 

(i) Prohibitions; Conflicts of Interest. 

(1) Commissioners shall refrain at all times during his or her term of office from participating in 

any gaming activities at a Gaming Facility. A Commissioner may not hold any other tribal 

position, including any position with a tribally owned business enterprise, except volunteer 

activities or temporary duties authorized by the Tribal Council to be performed without 

increase in compensation unless specifically authorized by resolution of the Tribal Council 

and only upon a finding that the holding of the position does not create a conflict of interest 

between the performance of duties in relation to either position. 

(2) Conflicts of Interest. 

(A) Members of the Commission and its officers, employees, and agents, including its 

attorneys, and their immediate family members and relatives who reside in the same 

household, may not have any interest, whether financial or proprietary, direct or indirect, 

in any gaming activity conducted under this Code, except as a member of the Tribe 

sharing in the benefits and revenues enjoyed equally by all Tribal Citizens. 

(B) Members of the Commission and its officers, employees, and agents shall refrain at all 

times during his or her term of office, employment or service from participating in any 

gaming activities or related promotional activities in any Gaming Facility under the 

Commission’s jurisdiction and shall not adjudicate any matter in which a party to the 

dispute is a member of the Commissioner’s immediate family or is an entity in which the 

Commissioner has a pecuniary interest. 

(C) In the event of a conflict of interest, the conflicted member or employee of the 

Commission shall recuse him or herself from the matter. Should the need for recusal 

arise, the Commissioner shall so notify the Tribal Chairman in order that an alternate may 

be selected to carry out the duties of the Commissioner in relation to the matter, if 

necessary. 
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(D) No member, officer, agent or employee of the Commission shall be employed as a 

Primary Management Official or Key Employee. This prohibition applies to the 

Commission and all of its employees. 

(E) For purposes of this section immediate family shall include: spouse, child, sibling, parent, 

grandparent, grandchild, and such other person or persons with whom the Commissioner 

may reside. 

(F) No Commissioner may be engaged in a business or employment outside the Omaha Tribe 

which has commerce with any facility Licensee under this Code, or holds a financial or 

proprietary interest, whether direct or indirect, in any business which has commerce with 

any facility Licensee under this Code. 

(j) Jurisdiction, Powers of Commission. The Commission shall have full, complete and perfect 

jurisdiction over all gaming matters arising under this Code, any Compact, and federal laws applicable to 

gaming activities, and shall have independent authority to regulate and supervise all gaming activities and 

to administer the provisions of this Code. However, to the extent that such decisions do not directly invoke 

the specific authorities of the Commission as specified hereunder, the Commission shall not have the power 

to direct, obstruct, or otherwise interfere with the business decisions of a Primary Management Official or 

Operator involving funds from the Operator’s approved budget. The Commission shall have and perform 

duties and powers as prescribed by this Code which include the following duties and powers, which shall 

be exercised consistently with the IGRA, the Compact, this Code and the Regulations: 

(1) To draft, propose and promulgate Regulations with regard to engaging in, licensing and 

regulating all aspects of gaming as may be necessary or desirable in the judgment of the 

Commission for the effective, fair and efficient regulation of the Tribe’s gaming operations. 

Such Regulations shall have the force of law and be consistent with the purposes of this Code, 

the IGRA and the Compact(s) under which all gaming activities shall be conducted and all 

Gaming Facilities maintained; 

(2) To resolve patron disputes, including disputes over prizes; 

(3) To classify and license Class I, II and III Gaming activities consistent with the IGRA; 

(4) To issue and serve subpoenas for the production of documents, things or persons and to 

administer oaths or affirmations and to require testimony under oath or affirmation before the 

Commission in the course of any investigation or hearing conducted under this Code or the 

Regulations, for which process and notices shall be served in the manner provided by the 

Tribal Code; 

(5) To propound written interrogatories and to appoint hearing examiners to whom may be 

delegated the power and authority to administer oaths or affirmations, issue subpoenas, 

propound written interrogatories and require testimony under oath; 

(6) To inspect, monitor and examine all premises where gaming is conducted and Gaming Goods 

are utilized, stored, sold or distributed; 

(7) To enter, inspect, observe or investigate at any time, with or without warrants, notice or 

warnings, the offices, facilities or other places of business of a Primary Management Official, 

wherever the same may be located, in order to determine compliance with the Compact, this 

Code, the Regulations and other applicable laws and regulations; 

(8) To investigate alleged violations of the Compact, this Code, the Regulations and other 

applicable laws and regulations and to take appropriate enforcement action or refer any matter 

to a criminal law enforcement agency for investigation and possible prosecution. 

(9) To determine, assess and collect civil and administrative fines and Revoke or Suspend 

licenses for conduct violating the terms of the Compact, this Code, the Regulations or other 

applicable laws and regulations; 

(10) To investigate the activities of any person, firm or other business entity relating to the conduct 
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of any gaming activity; 

(11) To compel, by order of the Commission, the attendance of witnesses or the production of any 

books, papers, correspondences, memoranda, documents, agreements or other records which 

the Commission, in the exercise of its discretion, deems relevant or material to any 

investigation; 

(12) To provide by Regulations for the surveillance and videotaping of all authorized gaming 

activities; 

(13) To provide by Regulations for requirements necessary for adequate security at all facilities in 

which authorized gaming is conducted; 

(14) To temporarily impound gaming equipment for investigation or analysis; and shut down 

gaming equipment failing to conform to the standards required under this Code, the 

Regulations, the Compact or the IGRA or other applicable laws and regulations; 

(15) To inspect, examine and photocopy all papers, books and records of Applicants and Licensees 

and require verification of income and expense of gaming activities and all activities 

conducted under or in violation of this Code, the Compact or the Regulations; 

(16) To collect all license, investigation and registration fees imposed by this Code and the 

Regulations; 

(17) To conduct all hearings pertaining to civil violations of this Code, the Regulations, the IGRA 

or the Compact; 

(18) To be present through its members and agents at all times during the operation of any gaming 

Facility for the purpose of certifying the revenue thereof and conducting such other 

investigations into the conduct of gaming, and the maintenance of Gaming Goods, as from 

time to time the Commission may deem necessary and proper; 

(19) To review and rule upon any complaint by a gaming Primary Management Official regarding 

any investigative procedures of the Commission which are unnecessarily disruptive of casino 

operations. The disruption of a gaming operation shall be proved by preponderance of the 

evidence and the complainant shall bear the burden of establishing that the procedures had no 

reasonable law enforcement or regulatory purpose and the procedures were so disruptive and 

without cause as to unreasonably inhibit operations of the Gaming Facility; 

(20) To review and approve operational procedures prepared by Primary Management Officials 

which govern the specific operation of Gaming Facilities, including security, accounting, 

game rules, cash control, game procedures and other matters, all of which, following 

approval, will have the force of law pursuant to this Code; 

(21) To develop licensing procedures and issue permanent, probationary, conditional, and 

temporary licenses and to oversee, regulate and enforce compliance by all Licensees; 

(22) To conduct or cause to be conducted background investigations and a review of the prior 

activities, reputation, habits and associations, as prescribed by law, of all Key Employees and 

Primary Management Officials, Principals of Gaming Vendors and Gaming Financiers and 

Management Contractors, and such other persons as the Commission shall determine to be 

necessary in the exercise of its discretion; 

(23) To forward notification of results reports for Key Employees and Primary Management 

Officials to the National Indian Gaming Commission prior to issuing a license, pursuant to the 

IGRA and the NIGC’s regulations, and to notify the NIGC if, after completing the 

background investigations on the Key Employee or Primary Management Official, the Tribe 

does not license the individual Applicant; 

(24) To ensure that all licensed gaming Primary Management Officials are properly accounting for 

all revenues and expenses (provided that the Commission shall not interfere with a Primary 
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TITLE 29. GAMING 

Management Official's or Operator’s decisions respecting implementation of a Operator 

budget approved by the Tribe) and that these revenues and expenses are properly assigned and 

disbursed in a manner consistent with Tribal and applicable federal law; 

(25) To review the rules of any gaming promotion that require game play as a condition of 

eligibility; 

(26) To assist other law enforcement agencies in the investigation, enforcement and prosecution of 

gaming violations of this Code, the Regulations and federal law and regulations, and to issue 

orders to enforce the lawful orders of other gaming regulatory agencies and the courts; 

(27) To adopt an operating budget for the Commission, which shall set forth monthly expenditures, 

and submit such budget annually to the Tribal Council for approval; 

(28) To report to the Council and/or Tribal Citizens; 

(29) To appoint, supervise and terminate staff as necessary, and to delegate them authority to act, 

subject to the limits of the Commission’s approved budget. All costs arising out of such 

necessary staffing will be paid out of Commission funds and the general revenues of the 

Tribe, subject to approval of the Council. All costs for independent audits, investigations and 

other independent consultants may be paid out of the general revenues of the Tribe, subject to 

the approval of the Council, provided these services are competitively selected in advance, 

and further provided that this competitive selection requirement shall not be applicable when 

the Commission determines that an emergency exists; 

(30) To hear and decide promptly and in reasonable order all license application requests and the 

issues affecting the granting, suspension, revocation or renewal thereof consistent with due 

process of law; 

(31) To identify occupations within gaming operations which require licensing and to adopt by 

Regulation additional standards for licensing such occupations, including designating 

additional positions as key employees; 

(32) To deny any license application for cause and to revoke, cancel, condition, or suspend for 

cause any license issued by it;

(33) To issue and cause to be served upon the holder of a license issued by it orders to cease and 

desist, compel, cure, or such other orders as may be appropriate under the circumstances; 

(34) To impose or levy on a Licensee, for cause, reasonable civil fines pursuant to a written 

schedule to be established by the Commission, subject to approval of the Tribal Council. For 

purposes of this subsection, "cause" shall include instances in which the Licensee 

intentionally violated the provisions, requirements, conditions, limitations or duties imposed 

by the Compact, this Code or any Regulations; 

(35) To conduct or cause to be conducted audits and compliance reviews; 

(36) To ensure and verify that an independent financial audit of the gaming operation(s) is 

performed annually, which encompasses a sampling of contracts for services and supplies 

totaling over $25,000 in a year as well as agreed upon procedures to measure compliance with 

the operation(s)’s internal control procedures. Such independent audits must be submitted to 

the NIGC pursuant to the IGRA; 

(37) To compute, determine, assess and collect accurate amounts required to be paid to the 

Commission as fees, which may be used to defray the costs incurred by the Commission in 

the regulation of gaming; 

(38) To develop and administer forms as are necessary to carry out the provisions of this Code and 

the Regulations; and 

(39) To possess such other powers and authority as may be necessary to fulfill its obligations 

under this Code, the Regulations, applicable federal laws and regulations, and any Gaming 
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Compact. 

(k) Sovereign Immunity. The Commission is an instrumentality of the Tribe and is created by the 

sovereign powers of the Tribe and, as such, shares the same privileges and immunities of the Tribe, 

including the sovereign immunity of the Tribe. 

(1) The Commissioners, except when being removed from office under Sections 29-1-24(h), shall 

enjoy the sovereign immunity of the Tribe, provided that the Commissioner(s) are acting 

lawfully and within the scope of their authority. Except as specifically provided herein, no 

waiver of sovereign immunity for acts of the Commission or its members is made or implied 

hereby in any manner nor may any party under any circumstances be awarded monetary 

damages from the Commission. 

(2) However, persons aggrieved by the decisions of the Commission may appeal such decisions 

to the Tribal Court, as provided in Section 29-1-44 hereof, and such appeal shall constitute the 

sole and exclusive method of review. 

(l) Reports and Recommendations Concerning Gaming Regulation. The Commission shall carry on a 

continuous study of gaming issues, including the operation and administration of gaming laws which may 

be in effect in other jurisdictions, the literature on gaming which may from time to time become available, 

the federal laws which may affect the operation of gaming and the reaction of Licensees, Primary 

Management Officials and Tribal Citizens to existing and potential features of gaming under this Code. 

(1) The Commission shall be responsible for ascertaining any defects in this Code or in the 

Regulations issued hereunder, for formulating recommendations for changes in this Code to 

prevent abuses thereof, for guarding against the use of this Code and the Regulations as a 

cloak for the carrying on of illegal gambling or other criminal activities, and for insuring that 

this Code and the Regulations shall be in such form and be so administered as to serve the 

true and just purposes of this Code. 

(2) The Commission shall make an annual report to the Tribal Council, on or before February 1 

of each year, of all revenues, expenses and disbursements, and shall include therein such 

recommendations for changes in this Code as the Commission deems necessary or desirable. 

(3) The Commission shall report immediately to the Tribal Council any matters which, in the 

Commission’s judgment, require changes in the law of the Tribe in order to prevent abuses 

and evasions of the Compact, this Code or the Regulations or to conform with changes in 

applicable law. 

SECTION 29-1-26. Chairman of the Gaming Commission. 

(a) Powers. The Chairman is responsible on a full-time basis for the conduct of the Commission's 

administrative matters. The Chairman and his designees shall have the following powers: 

(1) To hire, supervise, direct the actions of all employees of the Commission and delegate them 

authority to act; 

(2) To employ or contract for legal and other professional services by providers of the 

Chairman’s choosing;

(3) To supervise the day-to-day operations of the Commission; 

(4) To report to the Commission concerning the operations thereof; 

(5) To supervise audits and investigations; and

(6) To prepare reports and recommendations to the Commission concerning Applicants and 

Licensees. 

(b) Limitations. Except for those powers specifically enumerated herein as exclusive to the Chairman, 

all other powers of the Commission shall be carried out by the Commission as a body. 
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SECTION 29-1-27. Omaha Tribal Gaming Commission Regulations. 

(a) General Authority. The Commission shall draft and promulgate Regulations for the orderly 

transaction and conduct of its business and such other substantive Regulations as may be proper and that 

concern the following: the application for, issuance of, Revocation and Suspension of gaming licenses, the 

conduct of Licensees, game rules and operation of gaming activities, technical standards for Class II and 

Class III Gaming equipment, Gaming Goods, security requirements, cash control standards and accounting 

procedures and any other subject the Commission determines necessary or desirable to carry out the 

purposes of this Code. The Commission shall also promulgate Regulations necessary to resolve complaints 

and disputes which may be received from the public. 

(b) Regulations; Specific Provisions. The Commission may, without limitation on the powers 

conferred in the preceding section, include within its Regulations the following specific provisions in 

accordance with the provisions of this Code: 

(1) The methods and forms of application which any Applicant shall follow and complete prior to 

consideration of his or her application by the Commission; 

(2) The manner and procedure of all hearings conducted by the Commission or any hearing 

examiner, including special rules of evidence applicable thereto and notices thereof; 

(3) The manner and method of collection of administrative fines, assessments, fees and penalties; 

(4) The rules of authorized games, the odds, and the devices permitted, and the method of 

operation of such games and devices; 

(5) The grounds and procedures for the Revocation or Suspension of licenses; 

(6) The procedures for approving the forms and methods of management controls, including 

employee and supervisory tables of organization and responsibility, rotation schedules and 

minimum security standards, security personnel structure, alarm and other electrical, auditory 

or visual security measures; 

(7) The minimum procedures for the exercise of effective control over the internal fiscal affairs of 

a Primary Management Official, including provisions for the safeguarding of assets and 

revenues, the recording of cash and evidence of indebtedness, and the maintenance of records 

and reports of transactions, operations and events, including all such reports to the 

Commission; 

(8) The procedures for approval of accounting methods, procedures, forms and accounting 

classifications and such other operating procedures as may be necessary to assure consistency, 

comparability and effective disclosure of all financial information, including calculations of 

percentages of profit by games, tables and gaming devices; and 

(9) The required periodic financial reports and the form thereof, which shall include an annual 

financial audit prepared by a certified public accountant attesting to the financial condition of 

a gaming enterprise and disclosing whether the accounts, records and control procedures 

examined are maintained by the Licensee as required by the Compact, this Code and the 

Regulations. 

(c) Notice and Comment. In carrying out its rulemaking functions, the Commission shall notify and 

consult meaningfully with the operator and primary management officials prior to the adoption of a final 

rule, regulation, schedule, form, procedure, or other document containing requirements intended to be 

enforceable by the Commission. The Commission shall provide the Operator the opportunity to comment 

on the proposal and shall full give consideration to such comments in the rulemaking process. Copies of all 

rules, regulations, procedures, schedules, forms, or other documents shall be made available to the Tribal 

Council and operator without cost or demand and to any person or entity subject to the authority of the 

Commission upon request. 

SECTION 29-1-28. Gaming Commission Meetings. 
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(a) Regular and Special Meetings. The Commission may hold regular and special meetings at such 

times and places as it may deem convenient, but at least one regular meeting shall be held quarterly. 

Meetings may be held by telephonic conference call. Special meetings may be called by any member of 

the Commission. 

(b) Quorum. A majority of the appointed members constitutes a quorum of the Commission. 

(c) Open Meetings. All actions and proceedings of the Commission shall be conducted during 

meetings open to the public except actions and proceedings which the Commission, by a majority vote, at 

an open meeting, determines best conducted during an executive session closed to the public for the reasons 

set forth in subsection (d) hereof. 

(d) Purposes for Executive or Closed Meetings. The Commission may hold executive sessions or 

closed meetings for any of the following purposes: 

(1) Considering applications for licensing when discussing the background investigations, 

financial information or personal information of Applicants; 

(2) Meeting with the gaming officials of other Indian Tribes or other jurisdictions, or meetings 

with tribal law enforcement officials, the tribal prosecutor, the United States Attorney 

General, the Federal Bureau of Investigation, the Office of the Inspector General, the United 

States Attorney and other law enforcement officials relating to possible criminal violations; 

(3) Consulting with the employees and agents of the Commission concerning possible civil or 

criminal violations of this Code, the Regulations, the IGRA or the Compact; 

(4) Deliberating to reach a decision after hearing evidence in a contested case; 

(5) Discussing business strategies, marketing or pricing strategies of a Licensee or an Applicant 

for a license, if the Commission determines public discussion may be harmful to the 

competitive position of the Licensee or Applicant for license or discussions with a Licensee or 

an Applicant for a license for the purposes of overseeing gaming contracts; 

(6) Meeting with attorneys and General Counsel to the Tribe and/or the Operator; and 

(7) Ruling on whether a document and/or information contained therein used during a hearing 

should be made part of the public record or designated confidential. 

SECTION 29-1-29. Confidentiality. 

(a) Confidentiality of Records. Any record or document maintained by the Commission shall not be 

subject to being produced, copied or disclosed in any manner, except by order of a court of competent 

jurisdiction, by request pursuant to a compact provision, or by request of an administrative agency of the 

United States, if the Commission determines that the disclosure of such information would be harmful to 

the effective and fair regulation of gaming, would disclose trade secrets or proprietary information, or 

would impair ongoing investigations. Information and records of the Commission shall be deemed 

confidential and may not be disclosed except pursuant to the discretion of the Commission in proceedings 

before it, as required by the Compact or this Code, or pursuant to a court order of competent jurisdiction. 

Information and records considered confidential include: 

(1) Tax returns and financial statements of individual Licensees; 

(2) Applications, credit, medical and security reports of Applicants for licenses and other persons 

seeking or doing business with the Commission;

(3) Marketing, financial or sales data, the disclosure of which may be harmful to the competitive 

position of Tribal gaming, Licensees or persons seeking or doing business with the 

Commission; 

(4) Audit work papers, worksheets and auditing procedures used by the Commission, its agents or 

employees; and 
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TITLE 29. GAMING 

(5) Results of investigations, work products and other such privileged communications. 

SECTION 29-1-30. License, Registration, or Permit Required. 

(a) Persons, Entities, and Facilities Required to Be Licensed. The following persons, entities, and 

facilities shall be required to have, and facility licensees shall, display prominently an appropriate, valid, 

and current gaming license issued pursuant to the provisions of this Code: 

(1) Gaming Facilities operated by the Tribe where gaming activities are conducted; 

(2) Primary Management Officials; 

(3) Key Employees; and 

(4) Gaming Vendors. 

(b) Withdrawal of Application. An application for a license pursuant to this Code may not be 

withdrawn without the permission of the Commission. An Applicant may request to withdraw an 

application by submitting to the Commission a written request for withdrawal. The Commission shall have 

the right, in its sole discretion, to grant or deny a request for withdrawal. A decision to deny a request for 

withdrawal shall be final and unappealable. 

(c) License Fees. The Commission may adjust the amount of the annual license fee, provided, 

however, that such adjustments are subject to the review and approval of the Tribal Council, and further 

provided that any increase shall take effect only on the ensuing January 1. 

(d) Licensee Rights. Any license that is issued under this Code is a revocable privilege and no person 

holding a license acquires any vested rights or other property rights in it. Any Applicant for a license has 

the burden of proof of his, her, or its qualification as regards to his or her past conduct, as may be required 

by the Commission. 

(e) Non-Gaming Vendor Registration. Every Non-Gaming Vendor providing services or goods to the 

gaming operation, other than a federally, state, or tribally regulated publicly traded public utility company, 

shall be subject to a requirement to register with the Commission and provide such information to the 

Commission as the Commission may by regulation require prior to contracting with or providing such 

goods and/or services to the Gaming Facility, provided that: 

(1) The Chairman of the Commission may, by regulation, exempt Non-Gaming Vendors from 

this registration requirement where the contract amount is de minimis, or the potential for 

unlawful or criminal conduct is negligible. 

(2) The Chairman of the Commission may, by regulation, require federally, state, or tribally 

regulated publically traded utility companies to register or be registered under this provision if 

he or she determines that there is a potential for criminal activity relating to the gaming 

operation contracting with such entities. 

(f) Non-Key Employee Work Permit. Every employee of the gaming operation who is not a Primary 

Management Official or a Key Employee shall be required to have a work permit issued by the 

Commission. Such work permit shall not authorize an employee to conduct any activities requiring a 

gaming license under this Code, provided that the Commission may require any or all gaming employees to 

be licensed upon a finding by the Commission that the gaming operation is not compliant with the 

restrictions on the permissible duties and functions of work permittees. 

SECTION 29-1-31. Facility Licenses. 

(a) License Requirements. The Commission shall issue a separate facility license to each place, 

facility, or location where gaming takes place under this Code; provided: 

(1) Documentation is provided demonstrating that the Gaming Facility is located, or will be 

located if it is to be constructed, on the Tribe’s Indian Lands;

(2) The Gaming Facility is of sound physical structure with adequate, safe, and operational 
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TITLE 29. GAMING 

plumbing, electrical, heating, cooling and ventilation systems in place; 

(3) The gaming operation has provided a complete description of the premises and the name and 

address at which gaming will be conducted; 

(4) The Gaming Facility has been inspected and approved for safety by a qualified building and 

fire inspector approved by the Commission; 

(5) The Gaming Facility is equipped with security and surveillance equipment meeting or 

exceeding provisions set forth in Regulations established by the Commission; 

(6) The gaming operation has prepared and the Gaming Facility is subject to an emergency 

preparedness plan approved by the Commission; 

(7) The gaming operation has submitted all documentation required by applicable regulations of 

the NIGC for a new facility or, for renewal of a license, such information required for 

reissuing a license; 

(8) The gaming operation has provided such other information as the Commission shall require 

by regulation; and 

(9) The gaming operation has paid all applicable license and regulatory fees and assessments. 

(b) Requirements of a Licensee. All facility Licensees shall comply with orders, directives, and 

regulations of the Commission, which, at a minimum, shall include the following requirements: 

(1) The Gaming Facility shall at all times be maintained in an orderly, clean and neat condition, 

both inside and outside the premises of the facility. 

(2) The Gaming Facility shall be subject to patrol by the Tribe’s security and law enforcement 

personnel and, when authorized, local and state law enforcement and the Licensee shall 

cooperate at all times with such security and law enforcement officials. 

(3) The Gaming Facility shall be open to inspection by the Commission at all times. 

(4) The Gaming Facility shall continuously meet all applicable environmental, public health, and 

safety standards as established by the Commission or other authorized governmental units of 

the Tribe. 

(5) The gaming operation shall pay all appropriate regulatory fee assessments to the NIGC 

pursuant to 25 U.S.C. §2710(b)(4)(B)(i)(IV), and all other regulatory fees, fines, and 

assessments as may be applicable or required by Compact. 

(6) The Gaming Facility shall operate its gaming activities without any discrimination by reason 

of race, color, sex, or creed, provided, however, that nothing herein shall prevent the Licensee 

from granting hiring preferences to members of the Omaha Tribe in accordance with the 

Omaha Hiring Preference. 

(c) Term. A facility license shall be valid for a term of three (3) years. 

(d) Application and Renewal Deadlines. Applications for a facility license shall be submitted at least 

120 days prior to the initial conduct of business, and at least sixty (60) days prior to its expiration if renewal 

is sought; 

(e) Display of License. Every facility Licensee shall display in a prominent place a current and valid 

license for that location. 

(f) License Unassignable. If the gaming operation elects to move operation of a Gaming Facility to a 

different location and operate under the same trade name, such action shall nonetheless be deemed to 

require the issuance of a new facility license for purposes of this Section and the Commission shall issue a 

new license in accordance with this Section. 

(g) Penalties for Violations. Facility Licensees may be fined or have their privilege to conduct 

gaming activities and their license to game suspended, provided that any such suspension is authorized only 
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in the event of the presence of a condition creating actual and imminent jeopardy to public health and 

safety, and may extend only so long as may be required to abate such condition; or may be subject to such 

other penalties or orders as may be appropriate by the Commission and the Courts of the Omaha Tribe if 

found in violation of any of the requirements of this Act, regulations issued under this Code, the Compact, 

or other applicable laws including IGRA. 

SECTION 29-1-32. Gaming Licenses. 

(a) Licenses. Every Key Employee and Primary Management Official must be licensed by the 

Commission. All such licensing shall be consistent with the NIGC’s regulations found at 25 C.F.R. Parts 

556 and 558. The Commission shall specify by promulgation of Regulations the licensing requirements for 

each position as may be necessary for the effective regulation of gaming. 

(b) Eligibility. All Applicants must: 

(1) Be at least eighteen (18) years of age; 

(2) Not have been convicted, within the last ten (10) years of: 

(A) any felony; 

(B) any gambling-related offense; 

(C) any offense of any degree involving fraud, misrepresentation or deception; or

(D) a drug-related offense. 

(3) Not ever have been convicted of any felony involving dishonesty or untruthfulness. 

(4) Not have been denied a gaming license by any gaming licensing jurisdiction; or currently 

have a gaming license presently under suspension by any gaming licensing jurisdiction or 

have had a gaming license Revoked by any other gaming licensing jurisdiction; 

(5) Not be employed in any part-time or full-time employment with a tribal, governmental or 

private employer in any capacity which would create a conflict of interest between the 

Applicant's employment and the interests and objectives of the licensed employment; 

(6) Be of good moral character; 

(7) Be qualified or trainable (by experience or otherwise) to perform the duties required; 

(8) Agree to comply with the Regulations, this Code, the Compact and with all other applicable 

laws and submit to the jurisdiction of the Commission and the civil jurisdiction of the Tribal 

Court; 

(9) Agree that the license shall be nontransferable thus prohibiting the Licensee from transferring 

any of its rights or duties relating to the license either directly or indirectly; and 

(10) Otherwise meet and maintain the suitability standards set forth in § 29-1-32(g) of this Code. 

(c) Notices. 

(1) The following notices shall be placed on the application form for a Key Employee or a 

Primary Management Official before that form is filled out by an Applicant. 

In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested information 

is to determine the eligibility of individuals to be granted a gaming license. The information will be used by 

the Tribal gaming authorities and by the National Indian Gaming Commission members and staff who have 

need for the information in the performance of their official duties. The information may be disclosed by 

the Tribe or the NIGC to appropriate Federal, Tribal, State, local, or foreign law enforcement and 

regulatory agencies when relevant to civil, criminal or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National Indian Gaming Commission in connection with the 

issuance, denial, or revocation of a gaming license, or investigations of activities while associated with a 
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tribe or a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a 

tribe's being unable to license you for a primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a SSN may 

result in errors in processing your application. 

A false statement on any part of your license application may be grounds for denying a license or the 

suspension or revocation of a license. Also, you may be punished by fine or imprisonment (U.S. Code, title 

18, section 1001). 

(d) Sworn Application. No license shall be issued under this Code except upon a sworn application 

filed with the Commission in such form as may be prescribed by the Commission and containing all of the 

mandatory information required for the license. Such form shall require agreement by the Licensee to 

abide by all requirements and restrictions in the license, this Code, the Compact, and all applicable laws, 

rules, and regulations. 

SECTION 29-1-33. Background Investigations. 

(a) Mandatory Background Investigations; Confidentiality. The Commission shall conduct, or cause 

to be conducted, a background investigation of Principals of a Gaming Vendor and Management 

Contractors and each Applicant for a position who is designated as a Key Employee or a Primary 

Management Official. Background investigations performed for the Commission may be performed by 

Tribal law enforcement authorities, provided that such authorities have access to the law enforcement 

records of the Federal Bureau of Investigation and such authorities are certified graduates of the federal law 

enforcement academy or the Nebraska or Iowa law enforcement academy, or the Federal Bureau of 

Investigation. In conducting the investigation, the Commission shall keep confidential the identity of each 

person interviewed during the course of the investigation. 

(b) Background Information. The Commission shall request from each Principal, Primary 

Management Official, and Key Employee a sworn statement containing all of the following information: 

(1) Full name, other names used (oral or written), social security number(s), birth date, place of 

birth, citizenship, gender, all languages (spoken or written); 

(2) Currently, and for the previous years since the age of 18, business and employment positions 

held, ownership interests in those businesses, business and residence addresses and drivers 

license numbers; 

(3) The names and current addresses of at least three personal references, including one personal 

reference who was acquainted with the Applicant during each period residence listed under 

paragraph (B) (ii) of this section; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business relationships with Indian tribes, including 

ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming industry 

generally, and for any investments in any gaming operation, information on the ownership 

interests in the gaming operation, the exact dates and nature of the investment, the name and 

address of all other investors holding an interest of five (5) percent or more in the gaming 

operation, and the name and address of the gaming operation; 

(7) Military service history; 

(8) The name and address of any licensing or regulatory agency with which the person has filed 

an application for a professional or occupational license, whether or not such license or permit 

was granted; 

(9) A description of experience related to any gaming operation, the exact nature of the 
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Applicant’s role in the operation, the name and address of all immediate supervisors or parties 

to any gaming related agreement, the place any such agreement was performed, and the dates 

covered by the agreement, or when services or products were provided; 

(10) A complete financial statement; 

(11) For each felony for which there is an ongoing prosecution or a conviction, the charge, the 

name and address of the court involved, and the date and disposition if any; 

(12) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor 

traffic violations), within 10 years of the date of the application, the name and address of the 

court involved and the date and disposition; 

(13) For each criminal charge (excluding minor traffic charges), whether or not there is a 

conviction, if such, criminal charge is within 10 years of the date of the application and is not 

otherwise listed pursuant to paragraph (b) (viii) or (b) (ix) of this section, the criminal charge, 

the name and address of the court involved and the date and disposition; 

(14) Information relevant to an occupational or professional license or permit, whether or not such 

license or permit was granted, including the type of license, the license number, dates held, 

the details surrounding any suspension, revocation, or other disciplinary action taken based on 

the license, and if not current, the reason it is not current; 

(15) A current photograph; 

(16) A physical description; 

(17) Agreement to provide any additional information as may be required by the Commission; and

(18) Two (2) sets of fingerprints consistent with procedures adopted by the Commission according 

to 25 C.F.R. § 522.2(h), which shall be taken by the Commission and forwarded to the NIGC 

to be processed by the Federal Bureau of Investigation National Criminal Information Center. 

The Commission may submit an Applicant’s fingerprint card to any additional Tribal, local or 

state criminal history check system or center as the Commission deems necessary or 

appropriate. Reports obtained from such fingerprint processing shall be incorporated into the 

Applicant’s file. 

(c) Interviews. In conducting a background investigation, the Commission or its agent shall 

interview the Applicant and a sufficient number of knowledgeable people, but not less than 3, such as 

previous employers, personal references and any other person(s) who may provide the Commission with a 

knowledgeable basis for making its eligibility determination. The Commission or its agent shall keep 

confidential the identity of each person interviewed in the course of the investigation. 

(d) Reimbursement to Commission for Investigations. Any Applicant for a license under this Code 

shall reimburse the Commission for the costs of all investigations to determine if he/she is a suitable 

Licensee under this Code which are over and above the initial license fee charged at the time of application. 

By signing and filing an application, the Applicant authorizes the Commission to obtain information from 

other states, tribal governments, the United States, and all agencies and instrumentalities of the foregoing, 

regarding prior professional or gaming licenses, license applications, conduct of the Applicant or such 

information regarding any of the Applicant's shareholders, partners, agents or employees. 

(e) Investigative Report. The Commission shall create and maintain an investigative report pursuant 

to 25 C.F.R. Part 556 of the NIGC’s regulations. An investigative report shall include all of the following:

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(f) Temporary or Probationary Licenses. Prior to issuing a permanent license the Commission shall 
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verify the truthfulness of the background information provided by the Applicant to the Commission and 

ensure that persons and entities licensed by the Commission are suitable for licensure. However, upon 

payment of the appropriate fees and the completion of such forms as the Commission deems appropriate, 

temporary licenses may be issued pending completion of background investigations and approval by the 

NIGC, provided that a permanent license is issued within ninety (90) days of the individual beginning 

work. 

(g) Suitability Determination. The Commission shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a finding concerning the eligibility of an 

applicant for a Key Employee or Primary Management Official license for employment in a gaming 

operation. If the Commission determines that employment of the person poses a threat to the public interest 

or to the effective regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, a tribal gaming operation shall not employ 

or contract with that person. 

(h) Continuing Duty to Report. Applicants and Licensees shall have a continuing duty to provide any 

materials, assistance, or other information required by the Commission and to fully cooperate in any 

investigation conducted by or on behalf of the Commission. If any information provided on the application 

changes or becomes inaccurate in any way, the Applicant or Licensee must promptly notify the 

Commission of such changes or inaccuracies. 

(i) Notice of Results. The Commission shall submit a notice of results of an Applicant’s background 

investigation to the NIGC’s Regional Office in St. Paul, Minnesota no later than sixty (60) days after an 

employee begins work. The notice of results shall contain: 

(1) The Applicant’s name, date of birth, and social security number; 

(2) The date on which the Applicant began or will begin work as a Key Employee or Primary 

Management Official; 

(3) A copy of the suitability determination pursuant to Section 29-1-32(g); and 

(4) A summary of the information presented in the investigative report, which shall at a minimum 

include a listing of: 

(A) Licenses that have previously been denied, 

(B) Gaming licenses that have been revoked, even if subsequently reinstated, 

(C) Every known criminal charge brought against the Applicant within the last ten (10) years 

of the date of application, and 

(D) Every felony of which the applicant has been convicted or any ongoing prosecution. 

(j) Records Retention. With respect to Key Employees and Primary Management Officials, the 

Commission shall retain the following for no less than three (3) years from the date of termination of 

employment: 

(1) Complete application files containing the background information listed in Section 29-1-

32(b); 

(2) Investigative reports; and 

(3) Suitability determinations for inspection by the NIGC Chair for no less than three (3) years 

from the date of termination of employment. 

SECTION 29-1-34. Issuance of Licenses; Adverse Licensing Actions. 

(a) Granting a Gaming License. 

(1) Once the Commission has submitted a complete notice of results to the NIGC, the 

Commission may issue the license to the Applicant. 
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(2) Upon issuance of the license, the Commission shall notify the NIGC of such issuance within 

thirty (30) days. 

(3) If, within a thirty (30) day period after the NIGC receives a complete notice of results, the 

NIGC requests additional information or provides the Commission with a statement itemizing 

objections to the issuance of a license to the subject of the notice of results, the Commission 

shall respond to the NIGC’s request and/or reconsider the application, taking into account the 

objections itemized by the NIGC. The Commission shall make the final decision whether to 

issue a license to such Applicant. 

(4) The gaming operation shall not employ as a Key Employee or Primary Management Official 

a person who does not have a license after ninety (90) days of beginning work. 

(5) If a license is not issued to an Applicant, the Commission shall notify the NIGC and shall 

forward copies of its suitability determination and notice of results to the NIGC for inclusion 

in the Indian Gaming Individuals Records System. 

(b) Revocation or Suspension of License. Any license granted pursuant to this Code, except as may 

otherwise be specifically provided herein, may be Suspended or Revoked for any cause which may have 

prevented its issuance, or for violation by the Licensee, or any officer, director, agent, member or employee 

of the Licensee of this Code, or for violation of any Regulations adopted by the Commission or for 

conviction of a crime of moral turpitude or a felony. Such Suspension of Revocation may occur only after 

notice to the Licensee and an opportunity for a hearing and only upon evidence determined adequate by the 

Commission. 

(1) If, after the issuance of a permanent gaming license, the Commission receives notice from the 

NIGC that the NIGC is in possession of reliable information indicating that a Licensee is not 

suitable for employment, the Commission shall immediately suspend such license and provide 

the Licensee with written notice of suspension and proposed revocation. 

(A) The Commission shall notify the Licensee of a time and a place for a hearing on the 

proposed revocation of a license. 

(B) After a revocation hearing, the Commission shall decide to revoke or to reinstate a 

gaming license. The Commission shall notify the NIGC of its decision within forty-five 

(45) days of receiving notice from the NIGC regarding the Licensee’s suitability pursuant 

to Section 29-1-33(b)(1). 

(2) In addition to Revocation or Suspension or in lieu of Revocation or Suspension, the 

Commission may impose a reprimand or an administrative fine not to exceed the following 

amounts: 

(A) If a Licensee is a Primary Management Official, the amount of $50,000 for each 

violation; and 

(B) If a Licensee is a Key Employee, the amount of $25,000 for each violation. 

(3) A standard of reasonableness shall apply to the Commission in relation to the exercise of its 

authority to assess fines, penalties, and other sanctions, taking into account the seriousness of 

the violation, degree of culpability of the offending licensee, and other relevant factors. The 

Tribal Court shall have authority to abate or set aside any fine, sanction, or penalty assessed 

by the Commission upon a finding that the assessment was excessive in relation to the offense 

or otherwise unreasonable under the circumstances. 

(c) Adverse Licensing Action Procedure. 

(1) Notice. The Commission shall issue notice to an Applicant or Licensee of the Commission’s 

preliminary decision to deny an application for a license or to suspend, revoke, limit, modify, 

restrict, condition or cancel the Licensee’s gaming license, which notice shall inform the 

Licensee of the basis for the Commission’s preliminary decision and of all due process rights 

available to the Applicant or Licensee. 
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(2) No Adverse Action. The Commission’s decision to limit, modify, restrict, condition, or 

cancel a license shall not be deemed an adverse action requiring a hearing and shall not be 

appealable except upon a showing, supported by substantial evidence, that such decision was 

the result of bias, prejudice, or other wrongful purpose; provided that the Commission may in 

its discretion accord a Licensee an opportunity to show cause why the license should not be 

limited, modified, restricted, conditioned, or cancelled. The Commission may, in its sole 

discretion, grant an oral hearing or require a written submission, however, the Commission’s 

denial of a hearing upon an allegation of bias, prejudice, or other wrongful purpose and 

proffer of evidence to such effect shall be appealable to the Tribal Court. 

(3) Entitlement to Hearing. Unless otherwise provided in this Code, an Applicant or Licensee, as 

appropriate, shall, upon written petition, be entitled to a hearing before the Commission prior 

to denial of an application or the revocation or suspension of a license. 

(4) Petition for Hearing. Denial of a license may be contested by an Applicant and the revocation 

or suspension of a license may be contested by a Licensee as an adverse action in accordance 

with the procedures set out in Section 29-1-44. To invoke the right to a hearing, the Applicant 

or Licensee must submit a written petition for hearing to the Commission within ten (10) days 

from the date of service or delivery of the Commission’s notice of proposed denial or 

revocation. 

(5) Right to Counsel. An Applicant or Licensee subject to a notice of adverse action shall be 

entitled to be represented by an attorney and must be present and participate in the 

proceeding. 

(6) Waiver of Right to Hearing. If the Applicant or Licensee fails to invoke the right to a hearing 

within ten days from the date the Commission’s notice or proposed denial or revocation is 

delivered to or served upon the Applicant or Licensee, such inaction shall operate as a waiver 

of the right of appeal, in which case, the Chairman’s preliminary decision shall be entered as a 

final order not subject to further appeal. 

(7) Hearing Date. If the Applicant or Licensee invokes the right to a hearing, the Chairman shall 

set a date for such hearing to take place within sixty (60) days unless extended by mutual 

consent of the Chairman and the respondent. 

(8) Right to Appeal. If, after such hearing, the Chairman renders a final adverse determination 

with regard to a gaming license, the Licensee may appeal the decision to the Tribal Court. 

(9) Prohibition on Limitations. Nothing in this Section shall limit the Chairman’s authority to 

summarily issue an order directing action by a Licensee, an order to cease and/or desist, or an 

order suspending a gaming license pending hearing upon a written finding that such order is 

necessary to: 

(A) Cure an imminent threat to the integrity of gaming at the gaming enterprise; 

(B) Protect the Tribe’s property or assets; or

(C) Ensure the public health and safety of patrons and employees. 

SECTION 29-1-35. Gaming Vendor License. 

(a) License Requirements and Scope. The Commission shall issue a license to each Gaming Vendor 

that qualifies for a license under this Code. The license shall grant the Applicant the revocable privilege of 

contracting with or entering into a financing arrangement or other business arrangement with the gaming 

operation. 

(b) Application and Licensing Deadlines. Before a Gaming Vendor may contract or enter into any 

other business arrangement with the gaming operation, a completed application for a license shall be 

provided to the Commission by the Applicant, which application shall contain all of the information 

required under this Section. The Commission shall conduct the background investigation and make the 
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suitability determination in this Section to determine whether or not to grant the license. 

(c) Background Investigation. A background investigation for each prospective Gaming Vendor or 

Gaming Financier requiring a license shall be conducted by the Commission. The background 

investigation must include all of the following actions: 

(1) Verification of the Applicant’s identity and the information submitted by the Applicant on the 

license application; 

(2) Contacts with the Applicant’s personal and business references;

(3) A civil, criminal, and credit history check; and 

(4) A background investigation, as more specifically described in Section 29-1-32, of all 

individuals who are a Principal, Key Employee, or Primary Management Official of the 

Gaming Vendor. 

(d) Suitability Determination. The Commission may deny the Applicant a Gaming Vendor license if 

the Commission concludes the Applicant: 

(1) Is not sufficiently stable and capitalized; 

(2) Is owned, operated, or managed by persons who fail to meet the suitability standards in this 

Code; or 

(3) Has a history of performance failure or contentious business relationships. 

SECTION 29-1-36. Non-Gaming Vendor Registration 

(a) The Commission shall establish a program for the registration of Non-Gaming Vendors. 

SECTION 29-1-37. Application/License Fee; Resident Agent; Notices. 

(a) Fees. The Commission may establish an application fee which, at the option of the Commission, 

shall include the cost of the background investigation. The fee may vary with the type of license for which 

application is made and is nonrefundable. 

(b) Resident Agent. Any person who does not reside within the Tribe’s territories or any corporation, 

firm, partnership or other entity that does not have an agent present within the Tribe’s territories shall 

appoint the Secretary of the Tribal Council as agent for the service of process and other documents under 

this Code. The Commission shall maintain a list of all such nonresidents and when serving documents upon 

the Secretary of the Tribal Council shall also provide the Secretary with an envelope addressed to such 

nonresident, first-class postage prepaid, and the Secretary shall mail the documents to the nonresident no 

later than the first business day following receipt. Service upon the Secretary shall be made in the manner 

specified for civil suits under Tribal law and shall be deemed complete upon such service, regardless of 

whether the papers or documents are ultimately received by the Licensee or Applicant. It is the 

responsibility of Licensees and Applicants to keep their addresses listed with the Commission current. 

(c) Notices. Notice, when required by this Code, shall be given by registered or certified mail and 

shall be considered to be complete upon placing the properly addressed notice in the U.S. mail, postage 

prepaid, regardless of whether such notice is actually received. The burden shall be on Licensees and 

Applicants to keep the Commission advised of their current mailing address. In all contested cases, papers 

shall, be served in the manner provided for in civil matters under the Tribal Code. 

SECTION 29-1-38. Minimum Standards for Inspection and Approval of Gaming Devices. 

(a) Prior to the installation and use of a gaming device, the Commission shall inspect, test and 

consider the gaming device for its approval or cause such inspection and testing to be done. The 

Commission shall not approve a Class III gaming device unless the tests conducted indicate that such Class 

III gaming device meets the minimum standards set forth in the Compact. 
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SECTION 29-1-39. Gaming Management Responsibility; Operational Procedures. 

(a) Gaming Management Responsibility. The Operator of any Gaming Facility shall supervise and be 

directly responsible for all activities in such Gaming Facility licensed under this Code and for: 

(1) The compliance of all such activities with the terms of the facility license and the applicable 

terms of this Code and regulations issued under this Code;

(2) The compliance by all employees of the gaming operation licensed under this Code with the 

terms of their licenses; 

(3) Assuring that the gaming operation works with Gaming Vendors and Gaming Financers in a 

manner that assures that they are not engaged in any activities exceeding the scope of their 

licenses under this Code as they relate to functions of the gaming operation or in 

contravention of any applicable laws; 

(4) Securing a license from the Commission for each electronic or other game to be placed into 

operation at a Gaming Facility, including providing such Gaming Vendor information to the 

Commission as it may require related to the procedures and policies for payout, accumulation, 

and account restrictions for funds, including for progressive payout games, and the safeguards 

built into the hardware and software associated with the electronic game. 

(b) Gaming Requirements. 

(1) Restriction on Games Allowed. The gaming operation may only use or employ games 

authorized by IGRA and/or the Compact and approved by the Commission. Electronic games 

may only be used when supplied by Gaming Vendors licensed by the Commission meeting 

the applicable technical standards. The Commission may assess a fee for such approval and 

for re-approval when required by a modification to the hardware or software of the game. 

(2) Prize Awards. Every prize awarded by the gaming operation may be awarded only to the 

person(s) actually winning the prize, provided that prizes shall not be awarded to minors or 

any person subject to an order of exclusion from the gaming premises. 

(3) Malfunctions. A malfunction of a gaming system and/or gaming hardware shall void all pays 

and plays. A notice of this restriction shall be affixed to each gaming device. 

(4) Exclusion of Licensee from Participating in Promotions. No Licensee employed by the 

gaming operation or providing Gaming Goods or services shall be eligible to participate in 

any promotion of the gaming operation or to receive any promotional prize. 

(c) Accounting and Cash Control. The Commission shall require all Primary Management Officials 

to adhere to accounting and cash control procedures as stringent as those set forth in the Compact. 

(d) Game Rule Posting. Specific rules for card games, if any, shall be approved by the Commission 

and clearly posted within plain view of the card table or be available in pamphlet form. 

SECTION 29-1-40. Records; Inspections; Insurance Policy. 

(a) Maintenance of Records; Time. Each Gaming Facility shall keep and maintain sufficient books 

and records to substantiate the receipts, expenses, and uses of revenues relating to the conduct of gaming 

activities authorized under a license. Included in the records shall be operational budgets and projections 

and compensation. All books and records relating to gaming activities, including the records of any 

Primary Management Official, the Tribe and the Commission must be maintained separately from each 

other in order to facilitate auditing of these books and records to ensure compliance with this Code, the 

Regulations and the Compact. All records shall be maintained for a period of twelve (12) years pursuant to 

generally accepted accounting principles and shall be suitable for audit pursuant to the standards of the 

American Institute of Certified Public Accountant (AICPA). 

(b) Inspection by Commission. All books and records of each Gaming Facility relating to licensed 

gaming activities shall be subject to inspection, examination, photocopying and auditing by the 
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Commission or a person designated by the Commission at anytime during reasonable hours. 

(c) Insurance Policies. A copy of all insurance policies covering each Gaming Facility or any part 

thereof shall be filed with the Commission. 

SECTION 29-1-41. Investigation. 

(a) Whenever the Tribal Council or the Commission has reason to believe that any person or entity 

has violated criminal law(s), the Tribal Council or the Commission may request that appropriate law 

enforcement authorities investigate the violation. The Tribe shall take all reasonable steps to ensure that all 

criminal violations are detected and appropriately prosecuted by the Tribe or referred to the United States 

Attorney. 

SECTION 29-1-42. Violations. 

(a) Generally. In addition to other acts that may be regulated or prohibited by this Code, other Omaha 

Tribal laws, the Compact, or other applicable laws and regulations, the following prohibited activities shall 

constitute civil violations under this Code and may subject any person or entity to the enforcement 

authority of the Commission as provided in this Code: 

(1) Gaming License. No person shall operate or conduct any gaming activity in a Gaming 

Facility without a gaming license issued by the Commission, as required by this Code. 

(2) Falsifying or Omitting Information. No Licensee or license Applicant shall intentionally omit 

or provide false information in connection with any document or proceeding under this Code. 

(3) Accounting and Inspection. 

(A) No Primary Management Official shall fail to account fully for all monies received or 

collected in connection with gaming activities. 

(B) In compliance with 25 C.F.R. Part 571 of the NIGC’s regulations, a Gaming Facility shall 

not refuse to allow an authorized representative of the NIGC or an authorized 

Commission official to enter to inspect a Gaming Facility. 

(4) Age Limit. No person under the age of twenty-one shall participate in Class III Gaming. In 

the event a person who has not attained the age of twenty-one participates in any Class III 

Gaming and wins a prize, the prize shall not be awarded, but instead shall be forfeited to the 

Tribe and the consideration wagered shall be returned to the under-age participant. 

(5) Cheating. No person shall engage in cheating in any gaming activity. 

(6) Possession of a Firearm. No person, other than a law enforcement officer duly authorized by 

the Tribe or invited by the Tribe to be on the premises, may enter or remain in a Gaming 

Facility while in the possession of a firearm or other weapon. 

(7) Violation of Any Provision, Rule, Regulation, or Order. No person shall violate any 

provision of this Code or any order of the Commission. 

(8) Fraudulent Scheme or Techniques. No person playing in or conducting any gaming activity 

authorized under this Code shall: 

(A) Use bogus or counterfeit cards, or substitutes or use any game cards that have been 

tampered with; 

(B) Employ or have on one’s person any cheating device to facilitate cheating in any gaming 

activity; 

(C) Use any fraudulent scheme or technique, including when an operator or player of games 

of charitable gaming tickets directly or indirectly solicits, provides, or receives inside 

information of the status of the game for the benefit of either person; or 

(D) Knowingly cause, aid, abet, or conspire with another person or any person to violate any 
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provision of this Code or any regulation adopted pursuant to this Code. 

(9) Failure to Maintain Suitability. It shall be a substantial violation for any Licensee to fail or 

cease to meet the suitability standards established by this Code. 

(10) Fraudulent Conduct. It shall be a substantial violation of this Code for any person or entity to 

engage in any fraudulent conduct, which shall include: 

(A) Defrauding the Operation, Omaha Tribe, any Licensee, or any participant in any gaming 

activity or promotion; 

(B) Providing information that is known or should have been known to be false or making 

any false statement with respect to an application for employment or for any license or 

permit; 

(C) Claiming, collecting or taking or attempting to claim, collect or take money or anything 

of value in or from a Gaming Facility with intent to defraud or claiming, collecting or 

taking an amount greater than the amount actually won in such Game; 

(D) Providing information that is known or should have been known to be false or misleading 

or making any false or misleading statement to the Tribe, Commission, or other civil or 

criminal law enforcement agency of the Tribe in connection with any contract for 

services or property related to gaming; 

(E) Making any statement that was known or should have been known to be false or 

misleading in response to any official inquiry by the Commission or other civil or 

criminal law enforcement agency of the Tribe; 

(F) Falsifying, destroying, erasing, or altering any books, computer data, records, or other 

information relating to gaming operations or a Gaming Facility; 

(G) Entering into any contract, or making payment on any contract for the delivery of goods 

or services to a Gaming Facility, when such contract fails to provide for or result in the 

delivery of goods or services of less than fair value for the payment made or 

contemplated; 

(H) Concealing, altering, defacing, or destroying any records, documents, information, or 

materials of any kind, including but not limited to, photographs, audio recordings, or 

videotapes; 

(I) Offering or attempting to offer anything of value, to a Licensee in an act that is an 

attempt to induce, or may be perceived as an attempt to induce, the Licensee to act in a 

manner contrary to the official duties of the Licensee; and 

(J) Acceptance by a Licensee of anything of value with the expectation that the receipt of 

such thing of value is intended, or may be perceived as intended, to induce the Licensee 

to act in a manner contrary to the official duties of the Licensee. 

(11) Unlawful Diversion of Tribal Gaming Revenue. It shall be a substantial violation of this 

Code for any person or entity to divert gaming revenues for any unauthorized purpose of any 

kind. 

(12) Impeding a Tribal Investigation. It shall be a substantial violation of this Code for any person 

or entity to impede a Tribal investigation. 

(13) Improper Interference. It shall be a substantial violation of this Code for any person or entity 

to engage in: 

(A) Acts or omissions of an individual that interfere with or prevent the Commission from 

fulfilling its duties and responsibilities under this Code; or 

(B) Making any offer or any promise of consideration or thing of value for the purpose of 

affecting a decision or actions of the Commission. 
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(14) Failure to Comply With Omaha Tribal Gaming Commission Regulations. It shall be a 

violation of this Code for any person or entity subject to the jurisdiction of the Omaha Tribe 

to: 

(A) Handle cash in a manner inconsistent with Tribal Regulations; 

(B) Allow, assist in, or carry out the installation of gaming machines in a manner that is 

inconsistent with installation requirements established by the Commission; 

(C) Fail to adhere to gaming license Regulations or promptly report to the Commission the 

presence on the floor of any Gaming Facility any gaming machine that is not properly 

licensed; or 

(D) Refuse to comply with any lawful order, directive, request, or demand of the 

Commission. 

(b) Gaming Management. In addition to any other violation set forth in subsection (a) above in this 

Section, it shall be a violation of this Code for any gaming manager, employee, or other responsible person 

or Tribal official to: 

(1) Fail to keep appropriate books and records sufficient to substantiate the income and expenses 

and to verify the propriety of all expenditures and disbursements by any component of the 

gaming operation or activity; 

(2) Falsify any books or records related to any transaction connected with the holding, operating, 

or conducting of any gaming activity or gaming promotion; 

(3) Make any unauthorized payments or disbursements; 

(4) Convert for one’s personal use any funds, property, or other assets of gaming operations; 

(5) Place unlicensed or unauthorized gaming equipment on the gaming floor or permit the play of 

unauthorized games; 

(6) Fail to report observed violations of this Code to the Commission; 

(7) Fail to comply with any lawful order or directive of the Commission; or 

(8) Fail or refuse to report any matter so required to be reported to the Commission by this Code. 

(c) Duty to Report. It shall be a duty of the gaming operation to refer any suspected violations of this 

Code to the Commission. 

(d) Discretion of Commission. Any person found to be in violation of any of the foregoing by the 

Commission may be permanently excluded from the Gaming Facility, have his or her license suspended or 

revoked, or be subject to such lesser sanction as may be imposed by the Commission. The Commission 

shall have the discretion to bring an enforcement action against any person or entity whose actions or 

inactions present an actual or imminent threat or danger to the public health and safety of the facility or its 

patrons or to the integrity of gaming. Actions taken by the Commission under this provision shall at all 

times be reasonable and prudent and the specific grounds for such action must be documented. 

SECTION 29-1-43. Forfeiture; Restraint. 

(a) Forfeiture. Any property used in the commission of a violation of this Code or the Regulations 

may be seized and, following a hearing, forfeited to the Tribe and disposed of by the Commission. 

(b) Restraining and Questioning of Person Suspected of Violating Code. 

(1) Any Primary Management Official, his/her officers, employees or agents, may question any 

person in his/her establishment suspected of violating any of the provisions of this Code. 

(2) Any Primary Management Official or any of his/her officers, employees or agents who have 

probable cause for believing that there has been a violation of this Code or the Regulations in 

his/her establishment by any person may restrain that person for the sole purpose of 
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transferring the person to the custody of appropriate law enforcement officials. In no event 

shall such person be detained for more than two (2) hours except upon request of law 

enforcement officials. 

SECTION 29-1-44. Civil Jurisdiction. 

(a) Civil Enforcement Actions. The Commission may take any or a combination of the following 

actions with respect to any person or entity who violates any provision of this Code: 

(1) Impose a civil fine for each violation, and if such violation is a continuing one, for each day 

of such violation; 

(2) Suspend, deny, or revoke any gaming or gaming-related license; 

(3) Temporarily or permanently exclude, bar, or deny admission from or to the Gaming Facility, 

provided that the sanction shall be commensurate with the seriousness of the violation; and/or 

(4) Issue, as appropriate, orders to cease and desist, compel, cure, or such other orders as may be 

appropriate under the circumstances. 

(b) Notification. The Commission shall provide notice to the affected person or entity, explaining the 

alleged violation, the proposed action or sanction, and the steps needed for cure, if any. Such notice may 

be delivered in person or by letter to his/her last known address and shall describe the procedures to be 

followed for appeal. 

(c) Civil Fines. 

(1) In determining whether to levy an administrative fine and the amount of the fine, a standard of 

reasonableness shall apply, taking into consideration the seriousness of the violation, the 

Licensee’s history of violations, and whether the Licensee derived financial gain as a result of 

the violation. 

(2) If an administrative fine is levied, such fine shall be remitted by the Licensee to the 

Commission within 30 days from the date of the order issued by the Commission imposing 

such fine. Any unpaid administrative fine shall constitute a debt to the Commission, which 

debt may be sued upon and recovered in any proper form of action in the name of the 

Commission in either the Tribal Court or the United States District Court or in any other court 

of competent jurisdiction. 

(3) All fines levied by the Gaming Commission shall be deposited into Tribe’s general fund.

(d) Cease and Desist Orders. 

(1) An order to cease and desist shall give reasonable notice of the rights of the license holder to 

request an administrative hearing before the Commission and shall state the reason for the 

entry of the order. Failure to cease and desist upon service of such an order shall be grounds 

for disciplinary action by the Commission. 

(2) A hearing shall be held not later than 10 days or upon mutual agreement of the Commission 

and the party after the request for the hearing is received by the Commission and, within 20 

days after the date of the hearing, the Commission shall issue an order vacating the cease and 

desist order or making it permanent, as the facts require. Licensees shall be entitled to a single 

continuation of not more than thirty days upon good cause shown. All hearings shall be held 

in accordance with the Code and Regulations. 

(3) If the license holder to whom a cease and desist order is issued fails to request a hearing 

within 30 days following the entry of such order or fails to appear at the hearing after being 

duly notified, the license holder shall be deemed in default and the proceeding may be 

determined against the license holder upon consideration of the cease and desist order, the 

allegations of which may be deemed to be true. 

(e) Acknowledgement. Every person or entity that applies for a gaming license and accepts such 
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license thereby acknowledges the civil enforcement jurisdiction and authority of the Commission under this 

Code. 

SECTION 29-1-45. Hearings and Appeals. 

(a) Applicability. All hearings conducted pursuant to this Code except hearings regarding the 

removal of a Commissioner shall be governed by this Section. 

(b) Adverse Licensing Action Hearings. The Commission shall afford an Applicant an opportunity 

for a hearing prior to any final action by the Commission on an application for licensure. The Commission 

shall afford a Licensee the opportunity for a hearing prior to taking final action resulting in the revocation 

of a license or the imposition of any penalties which the Commission is authorized to impose under this 

Code. To invoke the right to a hearing, an Applicant or Licensee must submit a written petition for hearing 

to the Commission within ten (10) days from the date of service or delivery of the Commission’s notice of 

proposed denial or revocation. Such notice may be served by registered or certified mail or it may be 

personally served on the Applicant or Licensee. If the Applicant or Licensee invokes the right to a hearing, 

the Commission shall set a date for such hearing to take place within sixty (60) days unless extended by 

mutual consent of the Commission and the respondent. 

(c) Notice of Hearings. The Commission shall provide written notice to the Applicant or Licensee of 

a hearing at least seven days prior to the date set for the hearing. The day the Applicant or Licensee 

receives the notice shall be considered a full day’s notice under this Section. The notice shall be sent by 

registered or certified mail, or may be personally served upon the Applicant or Licensee. The notice shall 

state the date, time, and place of the hearing. The notice shall also contain an indication of the actions 

being considered by the Commission. 

(d) Ex Parte Communications. Ex parte communications with the Commission by or on behalf of an 

Applicant, Licensee, or alleged violator subject to a hearing under this Section shall be prohibited and no 

person or party shall act to unduly influence the outcome of any matter pending in such a hearing. Nothing 

in this Section shall prohibit the Applicant or Licensee from communicating with the Commission’s legal 

counsel, its investigators, or other authorized personnel or agents. 

(e) Appearance through Counsel. Parties to all hearings may appear personally or through an 

attorney, except that an Applicant or Licensee subject to a notice of adverse licensing action must be 

present and participate in the proceeding. For all other non-licensing matters, a party must personally 

attend any hearing on the merits unless his or her attendance has been waived, in writing, by the 

Commission. When a party appears through an attorney, service of all notices, motions, orders, decisions, 

and other papers shall thereafter be made upon the attorney, unless the party requests otherwise in writing. 

When a party is represented by an attorney, the attorney shall sign all motions, notices, requests, and other 

papers on behalf of the party, including a request for subpoenas. 

(f) Discovery Procedures for Hearings. The Commission by regulation shall prescribe the method 

and means through which discovery shall be effected. 

(g) Subpoenas. The Commission has the power and discretion to issue subpoenas and to impose such 

reasonable penalties for noncompliance. Subpoenas may be issued to compel any person to appear at the 

hearing on the merits of the case, to give oral testimony, or to produce documents or other tangible things. 

(h) Hearing Procedures. The Commission may preside over all hearings, in which case the Chairman 

shall call the proceedings to order, control the presentation of evidence, the appearance of witnesses, and 

the order of the proceedings. Alternatively, the Commissioner may, in his or her discretion, appoint a 

hearing officer to conduct the adjudication and shall do so in the event of a conflict of interest. 

(1) The Commission may require any person including, but not limited to, any Applicant or 

Licensee, or any agent, employee or representative of any Applicant or Licensee, to appear 

and testify before it with regard to any matter within its jurisdiction at such time and place as 

it may designate. Such testimony shall be under oath and may include any matters which the 

Commission deems relevant to the discharge of the Commission’s official duties. A written 

record or audio recording of the proceeding shall be kept. 
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(2) Failure to appear and testify fully at the time and place designated shall be deemed an 

admission of the facts alleged by the Commission, and any notices issued by the Commission, 

including but not limited to a Preliminary Notice of Violation, shall be deemed final. 

(3) Any party to the hearing may call and examine witnesses. The Commission shall exercise its 

discretion to limit the testimony of witnesses where that testimony is repetitive, irrelevant, or 

immaterial. 

(4) The Commission shall have the authority to eject from the hearings any person who is 

disruptive, disorderly, or who shows a lack of proper respect for the Commission or the nature 

of the proceedings. 

(5) Any member of the Commission may ask questions of witnesses, and may request or allow 

additional evidence at any time. 

(6) Any party to the hearing may conduct cross examinations reasonably required for a full and 

true disclosure of the facts. 

(7) All hearings held under this Section shall be open to the public. 

(8) The Commission, in its discretion, has the power to sequester witnesses. 

(i) Evidence. In hearings governed by this Section, the Commission shall not be bound by technical 

rules relating to evidence and witnesses. The Commission shall admit all testimony having reasonable 

probative value, but shall exclude immaterial, irrelevant or unduly repetitious testimony. The Commission 

shall give effect to the rules of privilege unless such privilege is waived. Basic principles of relevancy, 

materiality and probative force shall govern the proof of all questions of fact. Objections to evidentiary 

offers and offers of proof of evidence not admitted may be made and shall be noted in the record. 

(1) All evidence, including records and documents in the possession of the Commission or of 

which the Commission desires to avail itself, shall be duly offered and made a part of the 

record in the case. Every party shall be afforded adequate opportunity to rebut or offer 

countervailing evidence. 

(j) Determinations by the Commission. The Commission shall make all determination of issues 

before it by a majority vote of the Commission. The imposition of any sanctions or penalties shall be made 

by motion and on the record. A copy of any resolution reached by the Commission shall be served upon 

the Applicant or Licensee by registered or certified mail, or may be served personally. 

(k) Appeals. If, after a hearing, the Commission renders a final adverse determination, such final 

determination may be appealed to the Omaha Tribal Court. Failure to file an appeal with the Omaha Tribal 

Court within thirty (30) days of the date of the final determination shall make the decision of the 

Commission final and not subject to further judicial review. 

(1) Upon hearing of the appeal, the Tribal Court shall give proper deference to the administrative 

expertise of the Commission. The Tribal Court shall not set aside, modify, or remand any 

determination, except in relation to the reasonableness of fines, penalties, or sanctions, by the 

Commission unless it finds the determination to be arbitrary and capricious, unsupported by 

substantial evidence, or contrary to law. 

(2) The Tribal Court shall issue a written decision on all appeals. In no event shall the Court be 

authorized to award or order payment of damages by the Commission. 

SECTION 29-1-46. Patron Disputes. 

(a) Prize Claims. In the event of a dispute between a patron and the Gaming Facility regarding the 

payment of a wager or distribution of winnings, the patron may make a claim against the Gaming Facility 

as follows: 

(1) Notice. 

(A) Any person having a prize claim shall file a written prize claim notice with the gaming 
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operation on the date of the alleged incident and prior to leaving the Gaming Facility 

premises. 

(B) If the operation denies the prize claim, the claimant shall have forty-eight (48) hours from 

the date the claim was denied to file the prize claim with the Commission. Failure to file 

the prize claim during such 48-hour period of time shall forever bar such prize claim. 

(C) The written notice of the prize claim shall state the time; date; place and circumstances of 

the claim; the identity of the affected Licensees or employees, if known; the amount of 

relief demanded; the name, address, and telephone number of the claimant. 

(D) Notices explaining this procedure shall be posted in the Gaming Facility. Such notices 

shall explain that this procedure is the exclusive method of making a claim or registering 

a patron’s dispute. Such notices shall also explain that upon denial of a claim by the 

Commission, redress must be sought exclusively in Tribal Court. 

(2) Procedure Upon Notice. 

(A) Upon receipt of notice of prize claims, the Commission shall promptly review, 

investigate, and make a determination regarding the prize claim. 

(B) Any portion of the prize claim, which remains unresolved after thirty (30) days from the 

date of filing, shall be deemed denied if the Gaming Commission fails to notify the 

claimant in writing of its approval within such 30-day period. 

(C) To appeal the Gaming Commission’s decision, the claimant must file an appeal in the 

Omaha Tribal Courts no later than on the thirtieth (30th) day after the date on which the 

claimant received notice of the Gaming Commission’s decision. 

(3) Judicial Proceeding. A judicial proceeding for any cause arising from a prize claim may be 

maintained in accordance with and subject to the limitations set forth in this Section only if 

the following requirements have been met: 

(A) The claimant has followed all procedures required in this Section, including without 

limitation, the delivery of a valid and timely written prize claim notice to the Gaming 

Commission; 

(B) The Gaming Commission has denied the prize claim; and 

(C) The claimant has filed an appeal in the Omaha Tribal Court no later than thirty (30) days 

after denial of the claim by the Gaming Commission. 

(4) Limitation on Claims. In no event shall a prize claim result in a monetary award of an amount 

in excess of the available prize. 

(b) Other Claims. In the event of any alleged personal injury or property damage suffered within a 

Gaming Facility, the patron may make a claim against the Gaming Facility as follows: 

(1) Notice. 

(A) Any person having a claim other than a prize claim against the Gaming Facility must 

present that claim to the Gaming Facility on the date of the alleged incident and prior to 

leaving the Gaming Facility premises. If, due to the circumstances, the patron is unable 

to file such claim on the date of the alleged incident, the patron or the patron’s 

representative must file the claim within ten (10) calendar days from the date of the event 

which allegedly caused the loss. 

(B) The written notice of a claim against the Gaming Facility shall state the time; date; place 

and circumstances of the claim; the identity of the effected Licensees or employees, if 

known; the amount of relief demanded; the name, address, and telephone number of the 

claimant. 

(C) Notices explaining this procedure shall be posted in the Gaming Facility. Such notices 
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shall explain that this procedure is the exclusive method of making a claim or registering 

a patron’s claim. Such notices shall also explain that adjudication of all claims other than 

prize claims shall be held exclusively in the Omaha Tribal Courts. 

(2) Procedure Upon Notice. 

(A) The Gaming Facility shall have up to thirty (30) days from the filing date, to resolve the 

claim and notify the claimant in writing of its decision. Failure to notify the claimant of a 

decision within the specified 30-day period shall be deemed a denial of the claim. 

(B) To appeal the Gaming Facility’s decision, the claimant must file an appeal in the Omaha 

Tribal Courts no later than on the thirtieth (30th) day after the date on which the claim 

was denied. 

(3) Adjudication. All claims other than a prize claim shall be adjudicated exclusively in the 

courts of the Omaha Tribe. The Omaha Tribal Court shall have original and exclusive 

jurisdiction to adjudicate such claims brought by a gaming patron only if: 

(A) The purported injury or loss occurred within the premises of a Gaming Facility; 

(B) The claimant has followed all procedures required by this Section, including without 

limitation, the delivery of a valid and timely written notice to the Gaming Facility; 

(C) Following an investigation of the alleged injury or loss, the Gaming Facility has denied 

the patron’s claim;

(D) The claimant has filed an appeal in the Omaha Tribal Courts no later than on the thirtieth 

(30th) day after the date on which the claimant received notice of the Gaming Facility’s 

decision. 

(4) Insurance. The Operator shall maintain in good standing a public liability insurance policy 

with a registered and solvent insurance company, on behalf of the Tribe for the purpose of 

covering patron claims. 

(5) Limitations on Claims. The Omaha Tribal Court shall have no jurisdiction to award damages 

to any claimant in excess of the limits of the gaming operation’s liability insurance policy, 

and no judgment may be entered or recovered except as against the gaming operation’s public 

liability insurance policy. 

(c) Sovereign Immunity. Nothing in this Section shall be deemed a waiver of the Operator’s or 

Omaha Tribe’s sovereign immunity from unconsented suit. 

SECTION 29-1-47. Exclusion or Ejection of Certain Persons from Gaming Establishment. 

(a) Exclusion of Persons Required for Effective Regulation. The Tribe hereby declares that the 

exclusion or ejection of certain persons from licensed gaming establishments is necessary to carry out the 

policies of this Code and to maintain effectively the strict regulation of gaming activities. The Gaming 

Facility shall be authorized to remove and exclude such persons deemed unruly, disruptive, or who 

otherwise post a threat to the integrity of gaming operations or to the public health and safety of gaming 

patrons and employees or other persons on the premises.

(b) Exclusion List; Considerations. The Commission may provide each establishment with a list of 

persons who are to be excluded or ejected from any licensed Gaming Facility, including any person whose 

presence in the establishment is unruly, disruptive, or poses a threat to the public health and safety of 

gaming patrons and employees. In making the determination for exclusion, the Commission may consider 

any of the following: 

(1) A prior conviction of a felony, a misdemeanor involving moral turpitude or a violation of the 

gaming laws of any Indian tribe, state, the United States, or any of its possessions, enclaves, 

or territories; 

(2) A violation, attempt to violate, or conspiracy to violate the provisions of this Code, or the 
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Regulations, including: failure to make required disclosures to the Commission or the 

intentional evasion of fees or taxes; 

(3) A notorious or unsavory reputation that would adversely affect public confidence and impact 

the trust that the public has regarding the gaming industry as free from criminal or corruptive 

influences; and 

(4) The opinion of the Commission, that the presence of a person in a licensed Gaming Facility 

would be harmful to the interest of the Tribe, or Indian gaming generally.

(c) Procedure. The gaming operation shall within seventy-two (72) hours of ejecting or excluding any 

person from the premises for a period of more than ten day shall notify the Commission of such action. 

(d) Notice to Excluded Person. If the name and description of any person is placed on the exclusion 

list, the Commission shall, within three (3) business days thereafter, serve notice of that action upon the 

person by at least one of the following means: 

(1) By personal service; or

(2) By mail to the last known address of the person. 

(e) Written Protest. A person placed upon the exclusion list may contest that action by filing a written 

protest with the Commission and the protest shall be heard by the Commission within thirty (30) days after 

filing, but all such exclusions shall become final and non-reviewable if no protest is filed within forty-five 

(45) days after such name is placed on the exclusion list. 

(f) Voluntary Exclusion. The Commission shall by regulation establish a program providing a 

process for any person to involuntarily exclude him or herself from the premises of any Omaha Tribal 

gaming facility permanently or for a set term. During the term of such exclusion, any person subjecting 

him or herself to voluntary exclusion shall be removed from the premises should such person enter the 

premises and shall be ineligible to participate in any gaming or promotional activity conducted by Operator 

or within an Omaha Tribal gaming facility. 

SECTION 29-1-48. Communications between Members of the Commission and its Agents. 

Communications between members of the Commission and its agents or attorneys or any law enforcement 

authority or regulatory body relating to licensing, disciplining of Licensees, or violations by Licensees are 

privileged and confidential if made lawfully and in the course of and in furtherance of the business of the 

Commission, unless such communications were made public pursuant to an order of the Tribal Court after 

an in-camera review. Any member of the Commission or its agents may claim this privilege. 

SECTION 29-1-49. Calculation of Time. 

In computing any period of time prescribed or allowed by this Code or the Regulations of the Commission, 

the day of the act, event or default from which the designated period of time begins to run shall not be 

included. The last day of the period so computed shall be included, unless the last day is a Saturday, a 

Sunday or a legal holiday under Tribal law or federal law. If the act to be done is the filing of or providing 

access to any report or document, and the last day of the period falls on a day in which the weather or other 

conditions have made the offices in which the report or document is to be filed inaccessible, the designated 

period shall extend until the end of the next day on which the office is accessible which is not a Saturday, 

Sunday or legal holiday. When the period of time prescribed or allowed is less than eleven (11) days, 

intermediate Saturdays, Sundays and legal holidays under Tribal law or federal law shall be excluded from 

the computation period. 

SECTION 29-1-50. Reserved