0

Ponca Tribe of Oklahoma

Box 2, White Eagle  (405) 762-8104  Ponca City, Oklahoma 74601

Ext. ____

Resolution No. 03-013195

R E SO L U T I 0 N

WHEREAS, the Ponca Tribal Business Committee is the duly authorized governing body

of the Ponca Tribe of Oklahoma, Under the authority of the Ponca Tribal

Constitution, and bylaws originally ratified on September 20, 1950, and

WHEREAS, under the Indian Gaming Regulatory Act it is the right of the Ponca Tribe

of Oklahoma to establish ordinances to regulate tribal gaming operatives,

WHEREAS, a Ponca Tribal Gaming Ordinance has been developed which complies with

applicable federal and tribal requirements.

NOW, THEREFORE, BE IT RESOLVED that the Ponca Tribe of Oklahoma hereby

adopts this tribal Gaming Ordinance to regulate Ponca Tribal Gaming

operations, and

BE IT FURThER RESOLVED that the provisions of this Resolution be honored by

federal, state and private agencies.

CER11FICAT1ON

We, the undersigned, hereby affirm that at an official meeting of the Ponca Tribal

Business Committee, held on the 31st day of JANUARY , 1995 at which

a quorum was present, the above resolution was presented and approved, by a vote of:

~_For,OAgainst,OAbstain, and 0 Absent.

and

Genevieve Pollak,

Chairman

Mane Pappan,

Secretary/Treasurer

Kn V. Lieb,

C mittee Memb r

t~

Vice- airman

Committee M mber

Br~hson Roughrath~.S~.

Committee Member

Deloyce Wa~s,

Council Member
PONCA TRIBE OF OKLAHOMA GAMING ORDINANCE

TITLE I. GENERAL PROVISIONS

Section 100. Short Title.

This ordinance shall be known and may be cited as the Ponca Tribe

of Oklahoma Gaming Ordinance.
Section 101. Findings And Intent.

The Ponca Tribe of Oklahoma finds that:

(a) The present form of Tribal government was organized by

the membership to form a more perfect union, develop our

natural resources, insure our domestic tranquility,

promote the general welfare, to enjoy certain rights of

home rule, to provide education in schools of higher

learning including vocational, trade, high schools, and

colleges for our people, and to secure the opportunities

offered us under the Indian Reorganization Act. . .

Preamble to the Constitution and Bylaws of the Tribe].

(b) The Ponca Tribe of Oklahoma desire to be self-sufficient

in its internal affairs, as continued reliance upon

federal and other resources will adversely affect the

quality of life of this Tribe.

(c) Public gaming operations have been introduced to the

Ponca Tribe of Oklahoma and it is of vital interest to

the public health, safety, and welfare of the Ponca

people that the Tribe promote and regulate public gaming

in a manner commensurate with the interests of the Ponca

Tribe of Oklahoma.

(d) By virtue of the treaties between the United States of

America and the Ponca Tribe of Oklahoma and federal

statutes and court decisions which together have

established and maintained the doctrine of Indian

sovereignty, there remains the federal guarantee of the

perpetual integrity of the Ponca Tribe of Oklahoma.

(e) The Ponca Tribe of Oklahoma require an economic base by

which Tribe may generate revenues in order to promote its

selfsufficiency and fund essential governmental

services.

(f) The operation and regulation of public gaming by the

Tribe is in the best interest of the Ponca Tribe of

Oklahoma.

Further, the Ponca Tribe of Oklahoma Tribal Business Committee

determines that the intent of this ordinance is to:

(g) Authorize, regulate, and control all Class I, II and III

gaming on lands over which the Ponca Tribe of Oklahoma

exercise governmental authority or control;

(h) Provide, revenue generated by the Tribes licensed gaming

operations, to fund tribal government operations and

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programs, and to promote the general welfare of the

Tribe;

(1) Foster a spirit of cooperation with the National Indian

Gaming Commission, and other federally recognized tribes

in the regulation of Tribal gaming;

(j) Protect gaming as a means of promoting tribal economic

development; and

(k) Ensure that Tribal gaming is conducted fairly and

honestly both by the operator and the players as a

genuine means of providing both recreation and

entertainment, free from organized crime and other

corrupting influences.

Ponca\Ordinance.gam 6/21/96
Section 102. Definitions.

The following words and phrases when used in this Ordinance shall

have the meanings respectively ascribed to them in this section:

(a) Tribe shall mean the Ponca Tribe of Oklahoma, a

federally recognized Indian tribe organized under Section

16 of the Indian Reorganization Act of 1934.

(b) Business Committee shall mean the governing body of the

Tribe, duly elected in accordance with the provisions of

the Constitution of the Tribe.

(c) Compact shall mean an agreement or other instrument

concerning the operation of games of chance, entered into

or approved, pursuant to Section 2710(d) (1) (c) of the

Indian Gaming Regulatory Act of 1988, between the Tribe

and the State of Oklahoma, or as may otherwise be

approved by the Secretary.

(d) Gambling equipment shall mean any and all goods,

materials, machines or devices used to conduct gaming

activities by tribe.

(e) Gaming shall mean the act of paying (wagering) for the

opportunity to participate in a game or games of chance

(risk) for a prize of money or something of value; to

operate, carry on, conduct, maintain, or expose for play,

money, property, or any representative of value wherein

the outcome of a game is decided by chance or in which

chance is a material element, but does not include social

games played solely for consumable goods, i.e.,

foodstuffs or games played in private homes or residences

for prizes or games operated by charitable and

educational organizations which are approved by the

Council.

(f) Gaming enterprise shall mean any commercial business

owned by the Tribe and operated, in part or in whole, for

the conduct of Class II or Class III gaming as delineated

by the Indian Gaming Regulatory Act of 1988, 25 USC §2701

et. seq. and/or by virtue of the Tribes exercise of its

governmental powers and authority as a sovereign nation.

(g) Gaming Manager shall mean a person, organization or

entity that conducts the management of gaming at a Tribal

gaming enterprise; including an entity entering into a

management contract with the Tribe or the Tribe itself

including any subdivision thereof.

(h) Gaming test laboratory shall mean, a laboratory

designated as competent and qualified to conduct

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scientific tests and evaluations of games of chance and

related equipment; and/or a laboratory operated by or

under contract with the States of Minnesota, Nevada, New

Jersey, Connecticut, Colorado, or South Dakota.

(i) Indian Gaming Regulatory Act of 1988 shall mean the Act

of the Unites States Congress adopted on October 17,

1988, as Public Law 100597, 102 Stat. 2467, codified at

25 U.S.C. §2701 et. seq.

(j) Key employee means:

(1) A person who performs one or more of the following

functions:

A. Bingo caller;

B. Counting room supervisor;

C. Chief of security;

D. Custodian of gaming supplies or cash;

E. Floor manager;

F. Pit boss;

G. Dealer;

H. Croupier;

I. Approver of credit; or

J. Custodian of gambling devices including

persons with access to cash and accounting

records within such devices;

(2) If not otherwise included, any other person whose

total cash compensation is in excess of $50,000 per

year; or

(2) If not otherwise included, the four most highly

compensated persons in the gaming operation.

(25 C.F.R. §502.14)

(k) License shall mean the permission by authority of the

Tribe to do any act, which without such permission, shall

be illegal. License, with respect to real property of

the Tribe, is a privilege to go on the premises for a

certain purpose, but does not operate to confer on, vest

in, or license any title, interest, or estate in such

property.

(1) Licensee shall mean any person, entity of organization

granted a license pursuant to the provisions of this

Ordinance.

(in) Net Revenues shall mean the gross gaming revenues of an

Indian gaming operation less

(i) Amounts paid out as, or paid for, prizes; and

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(ii) Total gamingrelated operating expenses, excluding

management fees.

(n) Other compact shall mean such agreements as may in the

future be entered into between the Tribe and the State of

Oklahoma, governing Class III gaming, as that term is

defined by the Indian Gaming Regulatory Act of 1988,

codified at 25 U.S.C. §2703(8).

(o) Other games of chance shall mean games similar to

traditional bingo in which prizes are awarded on the

basis of a designated winning number or numbers, color or

colors, symbol or symbols determined by chance. Such

gaines may be played using pull tabs, raffles,

paddlewheels, tipboards, punchboard, tip jars,

paddlewheels, gaming tables, tokens, or satellite

television transmission, all of which shall have the same

meaning as the term Class II gaming as defined by the

Indian Gaming Regulatory Act of 1988, codified at 25

U.S.C. §2703(7)(A). Any such games as are permitted to

be played in the State of Oklahoma by any person for any

purpose, shall be included in this definition.

(p) Primary management official means:

(1) The person having management responsibility for a

management contract;

(2) Any person who has authority to hire and fire

employees; or to set up working policy for the

gaming operation; or

(3) The chief financial officer of other person who has

financial management responsibility.

(25 C.F.R. §502.19)

(q) Shall as used in this Ordinance imposes an obligation to act.

(r) Traditional bingo shall mean that game in which each

player is supplied a card or board containing five

adjoining horizontal and vertical rows with five spaces

in each row each containing a number or figure therein

and the word free marked in the center space thereof,

or in which such a card or board is represented on a

video screen. Upon announcement by the person conducting

the game or the appearance on the video screen of any

number or figure appearing on the players card or board,

the space containing said figures or number is covered

by the player. When a player shall have covered all five

spaces in any horizontal and vertical row, or shall have

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covered four spaces and the free space in a five space

diagonal row, or shall have covered the required

combination of spaces in some other preanriounced pattern

or arrangement, such combination of spaces covered shall

constitute bingo. The player or players to first

announce bingo are awarded money, merchandise, or some

other consideration by the person or persons conducting

the game. (25 C.F.R. §502.3)

(s) Video game of chance shall mean electronic or

electromechanical video devices that simulate games

commonly referred to as poker, blackjack, craps, hi-b,

roulette lineup symbols and numbers, or other common

gambling forms, which are activated by the insertion of

a coin, token, or currency, and which award game credits,

cash, tokens, or replays, and contain a meter or device

to record unplayed credits of replays; or otherwise shall

have the same meaning as the term Class III gaming as

defined by the Indian Gaming Regulatory Act of 1988,

codified at 25 U.S.C. §2703(8).

Ponca\Ordinance.gam 6/21/94
Section 103. Effect Of Headings.

Article and 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 of

this Ordinance.

Ponca\Ordinance.gam 6/21/94
Section 104. Civil Penalty Provisions.

It shall be a civil violation of the laws of the Ponca Tribe of

Oklahoma to violate any provision of this Ordinance, any

regulations promulgated by the Tribal Gaming Board and of any

proper order issued under the authority of this Ordinance. Any

person or licensee so violating such authority shall be fined not

more than one Thousand Dollars ($1,000.00) or by suspension of

license for a period not to exceed one year, or by both such fine

and suspension or other penalty alternative under Tribal law,

including revocation; a show cause hearing pursuant to section 208

shall be afforded by the Tribal Gaming Board to any person subject

to such civil penalty prior to any final determination to impose

any civil penalty.

In the alternative, should the actions of any person also

constitute a criminal offense under the laws of the Tribe, the

United States, or the State of Oklahoma, then in that event, Tribe

may choose to refer such violation for criminal prosecution within

the appropriate court of competent jurisdiction.

Ponca\Ordinance.gam 6/21/94
Section 105. Liberal Interpretation.

The provisions of this Ordinance, being necessary for the welfare

of the Tribe and its members, shall be construed liberally to

effect the purpose and objective hereof.

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Section 106. Severability.

The provisions of this Ordinance are severable; and if any part or

provision hereof shall be held void by tribal or federal court or

federal agency, the decision of the court or agency so holding

shall not affect or impair any of the remaining provisions of the

Ordinance.

Ponca\Ordinance.gam 6/21/94
Section 107. Implementation.

It being immediately necessary for the preservation of the public

peace, health, and safety of the Tribe arid its members, that this

Ordinance shall take effect and be in full force from and after its

approval and passage by the Business Committee of the Porica Tribe

of Oklahoma.

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Section 108. Amendment.

This Ordinance may be amended only by majority vote of the Tribal

Business Committee.

Ponca\Ordinance.gam 6/21/94
Section 110. Contents.

This Ordinance, and any ainendnients hereto or regulations adopted

pursuant to the provisions herein, shall govern all tribal ganiing

operations and shall be the total and inclusive tribal gaming law

pursuant to 25 C.F.R. §522.2(d).

Ponca\Ordinance.gam 6/21/94
Section 109. Service Agent.

For purposes of this Ordinance or any requirement imposed by the

Indian Gaming Regulatory Act, the Chief of Police of the Ponca

Tribe is designated as the agent for service of any official

determination, order, notice or other process pursuant to 25 C.F.R.

§522.2(G) and §519.1.

Ponca\Ordinance.gam 6/21/94
TITLE II. ENFORCEMENT

Section 200. Tribal Gaming Board Over Gaming.

In order to provide for the orderly regulation and enforcement

changes of tribal gaming, the Tribal Gaming Board is hereby

empowered and established to exercise its authority as the duly

authorized body of the Tribe with responsibility for the regulation

of any Class I, II, or III gaming activity within the Jurisdiction

of the Ponca Tribe of Oklahoma in compliance with the provisions of

this Ordinance,any approved State/Tribal Compact or procedures

negotiated with the Secretary of Interior if required.

The Gaming Board shall consist of three (3) board members appointed

by the Business Committee to staggered three (3) year terms. The

Chairman of the Gaming Board shall fill the initial three (3) year

term and upon reappointment or replacement the person so appointed

may be appointed or reappointed to the position of chairman. Two

(2) additional positions shall be appointed to serve initial terms

of one (1) and two (2) years respectively. Thereafter, each

Commissioner, or his/her successor shall be appointed to three (3)

year terms.

The Chairman of the Business Committee shall provide a nominee to

fill any vacancy or to replace any Commissioner whose term is due

to expire on the Gaming Board for the new or remaining term which

said nominee shall be confirmed by a majority of the Business

Committee. In addition, any member of the Business Committee may

offer from the floor said additional nominee, or nominees, as are

desired, by motion, and requiring a second to that motion by

another Business Committee member before such nomination from the

floor becomes effective. A majority of the Business Committees

quorum is required to confirm said appointment. The Chairman is

hereby authorized to make reappointment of any commissioner without

need for the approval of the Business Committee so long as such

reappointee continues to meet all eligibility criteria.

The qualifications of all Gaming Board commissioners shall be

established within the regulations promulgated by the Gaming Board

with submission to the Ponca Business Committee for review and

approval.

Once confirmed, Gaming Board commissioners may be removed by 2/3

majority of the Business Committee and only upon the following

listed grounds:

1. conviction or guilty plea entered to a felony involving

theft, embezzlement, misappropriations of funds,

robbery, burglary or other violations based primarily on

the wrongful taking or withholding of the property of

another.

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2. Falsifying information on application for employment, or

licenses issued pursuant to this ordinance.

3. Failure to properly perform the duties of the office of

the Gaming Commissioner and to enforce and uphold the

Ponca Tribal Gaming Ordinance.

This provision shall not apply to any such person as may have been

convicted of one of the above listed offenses where said offense is

so remote (10 years or more) from the date of the application, been

where said applicant has received a pardon from a governor or other

governmental office empowered to grant pardons for crimes committed

within their jurisdiction, or where a pardon is granted under the

authority of the constitution, laws and regulations of the Ponca

Tribe of Oklahoma.

Ponca\Ordiriance.gam 6/21/94
Section 201. Conflict Of Interest.

Any voting (including ex officio) Board member, or employee of the

Board or any member of his/her family living with him/her may not

have a financial interest in any gaming business or enterprise

doing business within Ponca jurisdiction, or in any gaming

contractor, or accept any gift or thing of value from a gaming contractor so employed by Tribe. Nothing in this section shall

prohibit any Board member or other person subject to this section

from receiving benefits or distribution of revenues as would any

other member of the Tribe if entitled to such interest as a Tribal

member, including any per capita payments derived from profits made

by any gaming business or enterprise operating pursuant to the

provisions of this Ordinance.

Ponca\Ordinance.gam 6/21/94
Section 202. Gaming Board Duties.

(a) The Gaming Board shall be charged with the responsibility

of regulating and enforcing the provisions of this

Ordinance.

(b) It shall be the responsibility of the Gaming Board to

promulgate regulations for the review and approval of the

Business Committee, and when necessary, to perform

actions of enforcement of the provisions of this

Ordinance and to adjudicate such issues of enforcement,

in accordance with the separation of these duties set

forth at Section 204, hereof.

These regulatory activities and duties of the Gaming

Board shall include and be limited to the following:

(1) Printing and making available application forms for

initial and renewal licenses, as well as any other

necessary licenses and to make available the

licenses themselves;

(2) Supervise the collection of all fees and all

applicable taxes;

(3) Processing all gaming license applications;

(4) Issuing licenses and notifying the National Indian

Gaming Commission of such issuances as required by

the Indian Gaming Regulatory Act;

(5) Determining applicable license fees;

(6) Providing for the annual outside independent audits

of all gaming activity licensed pursuant to the

provisions of this Ordinance and providing those

audits to the National Indian Gaming Commission

and to the tribal Business Committee.

(7) Reviewing all gaming operation contracts, records,

documents, and anything else necessary and

pertinent to the financial accountabilities of

licensees or the enforcement of any provision of

this ordinance, regulations adopted or other

applicable law, which shall be promptly provided to

the Board by the Manager upon Managers receipt of

a written request from the Board.

(8) The Gaming Board shall have the power and authority

to deny any application, to limit, condition,

suspend, or restrict any license, making a finding

of suitability or approval of the license or a

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finding of suitability or approval of or the

imposition of a fine upon any person licensed for

any cause deemed reasonable by the Gaming Board.

(9) The performance of any other duties required in the

Ordinance or any amendments thereto or other duties

which may hereafter be assigned by the Business

Committee;

(10) Employing legal Counsel;

(11) Defending this Ordinance in any court of law or

before any federal agency;

(12) Conduct or have conducted background investigations

on all primary management officials and key

employees of the involved gaming enterprise, and

maintain ongoing responsibility for the review and

updating of the qualifications and eligibility of

management and key employees;

(13) The Gaming Board shall propose and submit, for the

approval of the Business Committee, an annual

budget for operations pursuant to the provisions of

this Ordinance, including salaries, expenses and

all related costs of Gaming Board members and any

employees or agents thereof, reasonably necessary

to the activities of the Board in carrying out the

duties of the Board under this Ordinance, or any

rules and/or regulations promulgated in support

hereof. The Gaming Board shall be prepared to

provide sufficient and adequate justification for

all proposed budget items to the satisfaction of

the Business Committee.

Ponca\Ordinance.gam 6/21/94
Section 203. Power Of Ganhing Board.

The Gaming Board may exercise any proper power and authority.

delegated by this Ordinance necessary to perform only those duties

assigned by this Ordinance or as is necessary for the proper

enforcement of this Ordinance and any approved gaming regulations

of the Ponca Tribe.

Ponca\Ordinance.gam 6/21/94
Section 204. Plan Of Organization.

The Gaming Board may organize any functional committees or

divisions as may be necessary for the performance of their duties,

and may from time to time alter such plan of organization as may be

expedient. The Gaming Board shall establish and maintain a minimum

of two distinct divisions by which the responsibilities of

enforcement and adjudicatiion of enforcement and regulatory issues

will be separated. No employee or board member shall participate

in both the enforcement and adjudication of the same issue, in the

same enforcement action.

Ponca\Ordinance.gam 6/21/94
Section 205. Notice Of Amendment.

In adopting, amending, or repealing any regulation promulgated

under this Ordinance, or in the enforcement of any provision of

this Ordinance, the Business Committee shall give prior notice of

the proposed action to all licensees and other persons whom the

Business Committee have reason to believe have a legitimate and

bona fide interest in such proposed action.

Ponca\Ordinance.gam 6/21/94
Section 206. Hearing.

The Gaming Board shall afford an applicant for a license an

opportunity for a hearing prior to a final action denying such

application and shall afford a licensee or any other person(s),

subject to this Ordinance, the opportunity for a hearing prior to

taking final action resulting in terminating, revoking, suspending,

or limiting a license or any other adverse action the Gaming Board

deems appropriate, provided, that the Gaming Board may summarily

suspend temporarily or extend suspension of a license for Thirty

(30) days in those cases where such action is deemed appropriate by

the Gaming Board. In cases where a license is suspended prior to

a prompt hearing, an opportunity for a hearing shall be provided.

Ponca\Ordinance.gam 6/21/94
Section 207. Gandng Board Findings.

Whenever upon specific factual finding the Gaming Board determines

that any person has failed to comply with the provisions of this

Ordinance of any regulation promulgated hereunder, the Gaming Board

shall make a certification of findings with a copy thereof to the

subject or subjects of that determination. After five (5) days

notice and within Ninety (90) days thereof the Gaming Board shall

hold a hearing, at which time the subject shall have an opportunity

to be heard and to present evidence.

Ponca\Ord~nance.gam 6/21/94
Section 208. Show Cause Hearing.

At such hearing it shall be the obligation of the subject to show

cause why the determination is incorrect; why the application in

question should not be denied; why the license, or licenses, in

question should not be denied; why the licenses, or licenses, in

question should not be revoked or suspended; why the period of

suspension should not be extended; to show cause why special

conditions or limitations upon a license should not be imposed; or

to show cause why any other action regarding any other person or

persons subject to any action should not be taken. At such

hearing, the subject shall be allowed to have access to evidence

upon which any determination is made and to confront witnesses.

Ponca\Ord~nar~ce.gam 6/21/94
Section 209. Gaming Authority Determination.

Following such hearing the Gaming Board shall, within seven (7)

days, reach a determination by majority vote concerning the

accuracy of the preliminary certification of facts and whether the

license in question should be granted, continued, suspended,

revoked, conditioned, or limited and whether any other action

recommended to or by the Gaming Board (including, but not limited

to, forfeitures or fines) should be taken.

Ponca\Ordinance.gam 6/21/94
Section 210. Written Determination Provided.

Within three (3) days following this determination the Gaming Board

shall inform the subject and the Ponca Tribal Business Committee in

writing of that determination.

Ponca\Orciinance.gam 6/21/94
Section 211. Sanctions.

Any person who engages in activities on property subject to the

provisions of this Ordinance without a license in violation of the

terms imposed thereon, in violation of terms of suspension, or in

violation of any other provision of this Ordinance, regulations

promulgated hereunder, or amendments thereto shall be in violation

of the ordinance, including any person who unlawfully trespasses

upon any premises licensed by this Ordinance without the consent of

the licensee and/or the Gaming Board. Separate violations shall be

prosecuted as separate offenses before the Gaming Board or other

Tribal judicial body, or other judicial body as the case may be.

Each day of violation shall constitute a separate count or

violation of this Ordinance. A violator shall also be required to

pay court costs, storage fees, and auction or sales fees. All

property used in each and every separate violation of this

Ordinance may become the property of the Tribe by forfeiture.

Persons may be prohibited from trespassing on premises licensed

under this Ordinance; and licenses may be suspended, revoked, or

limited and/or establishments may be forcibly closed upon order of

the Tribal Court issued at the request of the Gaming Board

following full hearing on the merits. All such requests shall be

made at the discretion of the Gaming Board. Winnings found to have

been received in violation of this ordinance are forfeited and

become the property of the Tribe.

Ponca\Ordinance.gam 6/21/94
Section 212. No Limitation On The Number Of Gaming Enterprises.

Nothing in this Ordinance shall limit the number of gaming

operators the Gaming Board can license pursuant to the provisions

of this Ordinance to conduct gaming on those lands within the

jurisdiction and control of the Tribe.

Ponca\Ordinance.gam 6/21/94
TITLE III. LICENSING

Section 300. License Required.

Any person, organization or entity (including management officials

and key employees), engaged on behalf of the Tribe, in conducting

public gaming enterprise pursuant to the provisions of this

Ordinance, on trust or restricted lands of Tribe and/or which is

subject to the jurisdiction of the Tribe, or any person,

organization or entity selling, leasing or otherwise distributing

gambling equipment or video games of chance to the Tribe, shall be

required to have and display prominently, or display upon request,

an appropriate, valid, and current Tribal public gaming license

issued pursuant to the provisions of this Ordinance. Any other

forms of public gaming operations being conducted within the

jurisdiction of the Tribe without the lawful written approval of

the Gaming Board are prohibited.

Ponca\Ordinance.garn 6/21/94
Section 301. Application Necessary.

Except as provided for in Section 307, all persons or organizations

who seek to engage in public gaining activities within the

jurisdiction of the Tribe must apply for the appropriate license at

least Thirty (30) days prior to the scheduled activities or as

otherwise allowed in the discretion of the Gaming Board.

Ponca\Ordinance.gam 6/21/94
Section 302. Application For Gaming Enterprise.

The application for any gaming enterprise made by the proposed

gaming operator for that gaming enterprise shall contain the

following information:

(a) the name and address of the gaming operator;

(b) The name(s) and address(es) of all interested parties

(including those with direct or indirect financial

interests) and their interest and connection with the

applicant;

(c) the name and location of the gaming enterprise for which

the gaming operator license is being sought, the number

and types of games to be played, a detailed plan of any

proposed construction with an environmental impact study,

the number of planned employees, and a business plan

which includes proforma projection;

(d) explicit and detailed information of any criminal record

of any party of interest whose name appears on the

application to determine whether any party of interest:

(1) has committed a felony or gaming offense in any

jurisdiction;

(2) has engaged in prior activities or maintains habits

or associations affecting his present conduct which

would:

(i) pose a threat to the public and Tribal

interests;

(ii) threaten the effective regulation and control

of Tribe gaming:

(iii)enhance the dangers of unsuitable, unfair, or

illegal methods, or activities in the conduct

of gaming or the appearance of same.

(3) the name and address of all proposed or actual

ancillary contractors who provide supplies,

services, concessions or property to the proposed

gaming operator;

(4) the social security number(s) of all parties of

interest whose names appear on the application;

(5) a description of any previous experience which the

proposed operator has had with the gaming industry

generally, and Indian gaming in particular,

Ponca\Ordinance.gam 6/21/94
including specifically the name and address of any

licensing or regulatory agency with which such

applicant has had contact relating to gaming;

(6) a financial statement of the applicant;

(7) any additional information as may be deemed

necessary by the Gaming Board.

Ponca\Ordinance.gam 6/21/94
Section 303. Application For Management Officials And Key

Employees; And Other Employees.

I. LICENSE REQUIREMENTS FOR PRIMARY MANAGEMENT OFFICIALS AND

KEY EMPLOYEES

Unless a tribal-state compact allocates sole jurisdiction to an

entity other than the tribe with respect to background

investigations, the requirements of the following sections apply to

all Class II and Class III gaming.

A. BACKGROUND INVESTIGATION

The tribe shall perform a background investigation for each primary

management official and for each key employee of a gaming

operation. Each key employee or primary management official, as

defined in the Gaming Ordinance of the Ponca Tribe, or any

applicant for a position as a key employee or primary management

official shall complete a written application in such form or forms

as may be required by the Gaming Board.

1. The application form for a key employee or primary

management official shall include the following notice:

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 employed in a gaming operation. The

information will be used by 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 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 hiring or

firing of an employee, the issuance or revocation of a

gaming license, or investigations of activities while

associated with a tribe or a gaming operation. Failure

to consent to the disclosures indicated in this notice

will result in a tribes being unable to hire you in 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.

Ponca\Ordinance.gam 6/21/94
2. The application form for a key employee or a primary

management official shall include the following notice:

A false statement on any part of your

application may be grounds for not hiring you,

or for firing you after you begin work. Also,

you may be punished by fine or imprisonment

(U.S. Code, title 18, section 1001).

3. The application form for a key employee or a primary

management official shall request the following information:

a. Full name, other names used (oral or written),

social security number(s), birth date, place of

birth, citizenship, gender and all languages

(spoken or written);

b. Currently and for the previous five (5) years:

business and employment positions held, ownership

interests in those businesses, business and

residence addresses, and drivers license numbers;

c. The names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the applicant

during each period of residence listed under

subsection (b) above;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business

relationships with Indian tribes, including

ownership interests in those businesses;

f. A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

g. The name and address of any licensing or regulatory

agency with which the person has filed an

application for a license or permit related to

gaming, whether or not such license or permit was

granted;

h. 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;

i. For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations) within ten (10) years of the date of

Ponca\Ordinance.gam 6/21/94
the application, the name and address of the

court involved and the date and disposition;

j. For each criminal charge (excluding minor traffic

charges) whether or not there is a conviction, if

such criminal charge is within ten (10) years of

the date of the application and is not otherwise

listed pursuant to subsections (h) or (i) above,

the criminal charge, the name and address of the

court involved and the date and disposition;

k. The name and address of any licensing or regulatory

agency with which the person has filed an

application for an occupational license or permit,

whether or not such license or permit was granted;

1. A photograph;

in. Any other information the (business committee or

gaming commission) deems relevant;

n. Fingerprints consistent with those regulations

previously adopted (or) Two sets of fingerprints to

be taken by certified officers of the Ponca Tribal

Police Department on a form approved for that

purpose by the Ponca Tribal Police Department

(business committee or gaming commission).

4. Upon receipt of a completed application for employment as

a key employee or primary management official of a gaming

operation, the gaming commission shall conduct a background

investigation sufficient to make a determination as to whether the

employment of the applicant poses a threat to the public interest

or to the effective regulation of gaming, or creates or enhances

the dangers of unsuitable, unfair, or illegal practices and methods

and activities in the conduct of gaming. In conducting a

background investigation, the gaming commission may contract with

an investigative consultant to provide such services as are

necessary. In conducting a background investigation, the tribe or

its agents shall keep confidential the identity of each person

interviewed in the course of the investigation.

5. As a part of the application process, the Ponca Tribal

Police Department shall conduct a criminal history check of the

applicant including a check through the Federal Bureau of

Investigation National Criminal Information Center.

6. As a part of the application process, the gaming

commission or its agents shall:

a. conduct a personal interview of the applicant;

Ponca\Ordinance.gam 6/21/94
b. conduct personal interviews of the personal and

employment references provided by the applicant;

c. conduct a credit check or credit history report on

the applicant;

d. conduct such followup research and interviews of

neighbors, friends, family members and associates

of the applicant as is deemed necessary or

appropriate to the verification of all information

contained within the application for employment.

7. The Ponca Tribe Personnel Officer shall be responsible

for reviewing the results of the background investigations and for

making determinations regarding the suitability of all such

applicants for employment with the gaming enterprise.

B. ISSUING A LICENSE TO KEY EMPLOYEES OR PRIMARY MANAGEMENT

OFFICIALS

1. When the Tribe employs a primary management official or

a key employee, the gaming commission or business committee shall

forward to the National Indian Gaming Commission a completed

application form.

2. Before issuing a license to a primary management official

or key employee, the Tribe shall forward to the National Indian

Gaming Commission an investigative report on each background

investigation. The investigative report shall include the

following:

a. Steps taken in conducting the background

investigation;

b. The results obtained from the background

investigation;

c. Conclusions reached;

d. The basis for those conclusions; and

e. A copy of the eligibility determination for

employment in a gaming operation provided for in

Section C of these regulations.

3. The investigative report and determination of eligibility

shall be forwarded to the National Indian Gaming Commission within

sixty (60) days after an employee begins work.

a. If within a thirty day period after the Commission

receives the report, the Commission notifies the

Tribe that it has no objection to the issuance of a

Ponca\Ordinance.gam 6/21/94
license pursuant to the application submitted,

the Tribe may issue the license to the

applicant;

b. If within a thirty day period after the Commission

receives the report, the Commission provides the

tribe with a statement itemizing objections to the

issuance of the license sought, the Tribe shall

reconsider the application, taking into account the

objections itemized by the Commission. The Tribe

shall make the final decision whether to issue a

license to such applicant; and

c. During the thirty day period beginning when the

Commission receives the report submitted herein,

the Chairman may request additional information

from a tribe concerning the application. Such a

request shall suspend the thirty day period until

the Chairman receives the additional information.

C. ELIGIBILITY DETERMINATION

1. The Chairman of the Ponca Tribal Gaming Commission or

other authorized tribal official shall review an applicants prior

activities, criminal record, if any, and reputation, habits and

associations to make a finding concerning the eligibility of a key

employee or primary management official for employment in a gaming

operation. If the authorized official, pursuant to the standards

adopted in the Ponca Tribal Gaming Ordinance, determines that the

employment of a person poses a threat to the public interest or to

the effective regulation of gaming, or creates or enhances the

dangers of unsuitable, unfair, or illegal practices and methods and

activities in the conduct of gaming, a management contractor or a

tribal gaming operation shall not employ that person in a key

employee or primary management official position and no license

shall be issued to that person for any such position.

2. A gaming operation shall not employ, in a key employee or

primary management official position, a person who has supplied

materially false or misleading information or who has omitted

material information with respect to the required information under

the application procedure herein and no license shall issue to such

person.

II. LICENSE REQUIREMENTS FOR GAMING EMPLOYEES

Pursuant to the requirements of the Gaming Ordinance of the

Ponca Tribe, any person engaged on behalf of the Tribe in

conducting a public gaming enterprise or any support operation

thereof, shall be required to have and display prominently, or

display upon request, an appropriate, valid and current Tribal

public gaming license issued pursuant to the provisions of the

Ponca\Ordinance.gam 6/21/94
Ganüng Ordinance of the Ponca Tribe and these regulations. Persons

requiring a license under this section shall include all persons

employed or engaged in the gaming enterprise not classified as key

employees or primary management officials and includes, but is not

limited to, dealers, cashiers, security personnel, food service

workers, maintenance or janitorial staff and all other employees of

the enterprise.

Porica\Ordinance.gam 6/21/94
A. BACKGROUND INVESTIGATION

The Tribe shall perform a background investigation for each

employee of a gaming operation. Each employee, or any applicant

for a position as an employee, shall complete a written application

in such form as approved by the Business Committee or gaming

commission.

1. The application form for an employee shall include the

following notice:

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

employed in a gaming operation. The

information will be used by Ponca Tribal

Gaming Commission members and staff who have

need for the information in the performance of

their official duties. The information may be

disclosed 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 hiring or

firing of an employee, the issuance or

revocation of a gaming license, or

investigations of activities while associated

with a tribe or a gaming operation. Failure

to consent to the disclosures indicated in

this notice will result in a tribes being

unable to hire you.

The disclosure of your Social Security Number

(SSN) is voluntary. However, failure to

supply a SSN may result in errors in

processing your application.

2. The application form for an employee shall include the

following notice:

A false statement on any part of your

application may be grounds for not hiring you,

or for firing you after you begin work. Also,

you may be punished by fine or imprisonment

(U.S. Code, Title 18, section 1001).

Ponca\Ordinance.gam 6/21/96
3. The application form for an employee shall request the

following information:

a. Full name, other names used (oral or written),

social security number(s), birth date, place of

birth, citizenship, gender and all languages

(spoken or written);

b. Currently and for the previous five (5) years:

business and employment positions held, ownership

interests in those businesses, business and

residence addresses, and drivers license numbers;

c. The names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the applicant

during each period of residence listed under

subsection (b) above;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business

relationships with Indian tribes, including

ownership interests in those businesses;

f. A description of any existing and previous business

relationships with the gaming industry generally,

including ownership interests in those businesses;

g. The name and address of any licensing or regulatory

agency with which the person has filed an

application for a license or permit related to

gaming, whether or not such license or permit was

granted;

h. 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;

i. For each misdemeanor conviction or ongoing

misdemeanor prosecution (excluding minor traffic

violations) within ten (10) years of the date of

the application, the name and address of the court

involved and the date and disposition;

j. For each criminal charge (excluding minor traffic

charges) whether or not there is a conviction, if

such criminal charge is within ten (10) years of

the date of the application and is not otherwise

listed pursuant to subsections (h) or (i)

a b o v e

Ponca\Ordinance.gam 6/21/94
the criminal charge, the name and address of

t h e

court involved and the date and disposition;

k. The name and address of any licensing or regulatory

agency with which the person has filed an

application for an occupational license or permit,

whether or not such license or permit was granted;

1. A photograph;

m. Any other information the (business committee or

gaming commission) deems relevant;

n. Two sets of fingerprints to be taken by certified

officers of the Ponca Tribal Police Department on a

form approved for that purpose by the Ponca Tribal

Police Department, Business Committee or gaming

commission.

4. Upon receipt of a completed application for employment as

an employee of a gaming operation, the gaming commission shall

conduct a background investigation sufficient to make a

determination as to whether the employment of the applicant poses

a threat to the public interest or to the effective regulation of

gaming, or creates or enhances the dangers of unsuitable, unfair,

or illegal practices and methods and activities in the conduct of

gaming. In conducting a background investigation, the gaming

commission may contract with an investigative consultant to provide

such services as are necessary. In conducting a background

investigation, the tribe or its agents shall keep confidential the

identity of each person interviewed in the course of the

investigation.

5. As a part of the application process, the Ponca Tribal

Police Department shall conduct a criminal history check of the

applicant including a check through the Federal Bureau of

Investigation National Criminal Information Center.

6. As a part of the application process, the gaming

commission or its agents shall:

a. conduct a personal interview of the applicant;

b. conduct interviews of the personal and employment

references provided by the applicant, either in

person or by telephone;

c. conduct a credit check or credit history report on

the applicant;

Ponca\Ordinance.gam 6/21/94
d. conduct such followup research and interviews of

neighbors, friends, family members and associates

of the applicant as is deemed necessary or

appropriate.

Ponca\Ordinance.gam 6/21/94
B. ISSUING A LICENSE TO EMPLOYEES

1. Prior to or at the time the Tribe employs an individual,

the gaming commission or Business Committee shall initiate the

application procedure required herein. Provided that when any

applicant represents in writing that he or she meets the standards

set forth in these regulations and upon submission of a completed

application form, an employee may be issued a provisional license

for a period not to exceed sixty (60) days if the gaming commission

determines it to be in the best interest of the Tribe to issue said

provisional license. If during the application or investigation

process it is determined that the provisional licensee is

unsuitable for employment, the provisional license shall be

terminated immediately.

2. A gaming operation shall not employ a person:

a. who has supplied materially false or

misleading information or who has omitted

material information with respect to the

required information under the application

procedure herein;

b. who has been convicted of felony involving

embezzlement, theft, misuse of funds or a

related gaming offense; or

c. who has been determined to be a person whose

prior activities, criminal record, or

reputation, habits, and associations pose a

threat to the public interest or to the

effective regulation and control of gaming, or

create or enhance the dangers of unsuitable,

unfair, or illegal practices, methods and

activities in the conduct of gaming or the

carrying on of the business and financial

arrangements incidental thereto, subject to

the right of any applicant to appeal to the

Business Committee, whose decision will be

final.

and no license shall otherwise issue to such person unless the

affected person has received a pardon from the jurisdiction from

which the original event occurred and/or a pardon issued by the

Chairman of the Ponca Tribe of Oklahoma and approved by the Ponca

Business Committee.

Ponca\Ordinance.gam 6/21/94
Section 304. Application For Distributors Of Video Games Of

Chance And Gambling Equipment.

The application for any person, organization or entity wishing to

sell, lease or otherwise distribute gambling equipment and/or video

games of chance to the Tribe shall contain the following

information:

(a) the name(s) and mailing address of the person or entity

making the application;

(b) the names and addresses of all interested parties

(including those with direct or indirect financial

interests)

(c) the nature of the license applied for; the type of

activity to be engaged in under the license;

(d) explicit and detailed disclosure of any criminal record,

including any delinquent taxes or other monies owed to

the Tribe, of the applicant, any person involved in the

organization, and any party of interest whose name

appears on the application;

(e) any additional information necessary to allow the Tribe

or the State of Oklahoma to investigate the applicant or

any person included on the application;

(f) whether the applicant has been properly licensed by the

State of Oklahoma pursuant to Oklahoma Law or any other

federally recognized Oklahoma Tribe and proof of being

the holder of a current and valid distributor or

manufacturer license from the Tribe; or properly licensed

and holding a current and valid license from either the

State of New Jersey, Minnesota, Wisconsin, Kansas,

Nevada, or South Dakota, or any other federally

recognized tribe of Indians.

(g) whether the applicant has ever had a distributor or

manufacturer license revoked or suspended by any state or

other jurisdiction that issued the license and, if so,

the circumstances surrounding the states action;

(h) a statement of waiver allowing the Tribe or the Tribes

delegated representative to conduct a background

investigation of the applicant and any person whose name

is required to appear on the application;

(1) whether the applicant or any person whose name is

required to appear on the application maintains any

involvement in the business of wholesale distribution of

alcoholic beverages.

Ponca\Ordinance.gam 6/21/94
Section 305. Machine Licenses.

In addition to a distributor license provided for in Section 303,

the person or entity with whom the Tribe enters into a lease or

sales agreement regarding video games of chance must obtain from

the Gaining Board an annual nontransferable license for each video

game of chance to be placed in a gaming enterprise operating under

the provisions of this Ordinance.

(a) An application for a license for a video game of chance

shall contain the following information;

(1) the name and address of the applicant with proof of

a current and valid distributor or manufacturer

license issued by a state and the Tribe;

(2) identification numbers of codes for each video game

of chance placed in a Tribal gaming enterprise,

including the manufacturer, the serial number and

the model number;

(3) proof of approval and certification of the machine

by an approved gaming test laboratory or proof that

the video game of chance conforms precisely to the

exact specifications of the video game of chance

prototype tested and approved by the gaming test

laboratory;

(4) all other information as required by the

Tribal-State Compact.

(5) proof of a current and valid video game of chance

license issued by the Tribe pursuant to this

Ordinance.

(b) Upon issuance, the Gaming Board shall have attached to

each video game of chance licensed under the provisions

of this Ordinance, an unremovable identification plate on

the exterior cabinet which contains the information as

required by a Tribal Compact, Ordinance, or Regulation.

Ponca\Ordinance.gam 6/21/94
Section 306. Classes Of Licenses.

Upon proper application and approval, the following classes of

licenses may be issued by the Gaming Board;

(a) Class A license for a gaming enterprise in which a gaming

management firm or entity wishes to conduct traditional

bingo and other similar Class II games of chance at a

Tribal gaining enterprise; the license shall be site

specific, valid for a period of one year and shall have

an application fee of $1,000.00. A separate license

shall be issued to each place, facility, or location

where Class II gaming is to be conducted;

(b) Class B license for a gaming enterprise in which a gaming

management firm or entity wishes to conduct video games

of chance or other Class III gaming subject to a Tribal

Compact Ordinance or at a Tribal gaming enterprise; the

license shall be site specific, valid for a period of one

year and shall have an application fee of $2,500.00;

(c) Class C license to any management official or key

employee thereof who wishes to be licensed for employment

in conducting games of chance or other gaming subject to

other compacts at a Tribal gaming enterprise; the license

shall be site specific, valid for a period of one year

and shall have an application fee of $2,500.00;

(d) Class D license to any distributor or manufacturer of

gambling equipment and/or video games of chance to be

used in a Class III Tribal gaming enterprise; the license

shall be valid for a period of one year and shall have an

application fee of $2,500.00;

(e) Class E license for each video game of chance to be used

in a Tribal gaining enterprise; the license shall be valid

for a period of one year and shall have the fee of $25.00

per machine.

Ponca\Ordinance.gam 6/21/94
Section 307. Fraud On Application.

It shall be unlawful for any applicant to lie or willfully deceive

in the submission of a license application.

Ponca\Ordinance.gam 6/21/94
Section 308. Exemptions.

(a) The following activities are not public gaining operations

under the terms of this ordinance and, therefore, do not

require licensing under this title;

(1) Gaming not for gain. Gaming in which no cash or

valuable prizes are won, other than points for

cumulative competitive ratings or places for

immediate competitive rankings, is not subject to

the provisions of this ordinance. However, gaming

for fun which is conducted by a non-profit

organization is subject to the requirement of this

ordinance if cash or valuable prizes are awarded.

Valuable prize means ($100.00) or more in fair

market value.

(2) Traditional Indian Gaming. Traditional Indian

gaming activity, in the nature of hand games, are

not subject to the provisions of this ordinance.

The Gaming Authority is hereby authorized to

determine on a casebycase basis, upon request,

whether a particular traditional gaming activity

qualifies for the exemption.

(3) Charitable games approved by the Business

Committee, conducted in accordance with appropriate

regulations, whether conducted within or without

the tribes gaming facility.

(b) The existing gaming enterprise known as the Ponca Tribal

Gaming Enterprises shall be automatically licensed with

the adoption of this Ordinance; such gaming enterprise is

issued a Class I license and Class II license with a

waiver of any application fee; such licenses shall be

renewed each year with a waiver of any fee until

otherwise provided by Gaming Board decision or amendment

to this Ordinance.

Ponca\Ordinance.gam 6/21/94
Section 309. License Renewal

Every licensee intending to continue engaging in public gaming

activities within the Ponca Tribe of Oklahoma Tribal Jurisdiction

during the next calendar year shall apply for renewal of the

license at least thirty (30) days prior to the expiration of the

previous license period.

Ponca\Ordinance.gam 6/21/94
Section 310. License Display.

Every licensed gaming operation shall display in a prominent place

a current and valid Ponca Tribe of Oklahoma tribal license for that

location.

Ponca\Ordinance.gam 6/21/94
Section 311. Requirements To Maintain License.

(a) Change in location. When a licensee changes a location

of public gaming activities within the Ponca Tribe of

Oklahoma Tribal Jurisdiction, the Gaming Board shall,

after notification by the licensee of such changes, issue

a corrected license for the balance of the current period

reflecting the new address upon reasonable proof of

change of address and without imposition of an additional

license fee.

(b) It shall be unlawful for any licensee to fail to notify

the Gaming Board of any new key employee, new ancillary

contractor, or new operator. The Gaming Board shall

investigate and provide approval or disapproval of the

new key employee, contractor, or operator within thirty

(30) days. Any information received by the Gaming Board

shall be confidential.

(c) It shall be unlawful for any licensee to begin the

employment of a new person, begin the performance of any

new contract or begin the control of any new operator

without the approval of the Gaming Board.

(d) It shall be unlawful for any person to possess a firearm

or dangerous weapon on premises where licensed gaming is

allowed, with the exception of licensed firearms for the

maintenance or order, firearms possessed by duly

authorized peace officers, and firearms maintained by the

licensee if previously approved by the Gaming Board and

Tribal Law Enforcement for protection of himself, his

agents, and invitees.

(e) It shall be unlawful for a licensee to engage in

pawnbroking or to take goods or materials in hock or to

lend money or engage in similar activity with indigent

persons solely for the purpose of enabling the indigent

person to gamble. This provision is not intended to

prohibit the extending of credit by the licensee to

persons of means after proper application and credit

checks are performed.

(f) A licensee is required during normal business hours, to

maintain his premises open for inspection by the Gaming

Board or its agents or any other authorized government

agency and keep its books and financial record open for

similar inspection.

(g) Licensed gaming employees and tribal gaming managers must

produce at a players request, losing tickets, copies of

canceled checks or other evidence of loss acceptable to

the Internal Revenue Service if requested by the player

Ponca\Ordinance.gam 6/21/94
or contestant at the time the player or contestant buys

a ticket or chance or otherwise enters the game.

(h) The Gaming Board shall by regulation impose the following

additional requirements:

(1) A determination of whether and in what manner rules

of play must be posted for each type of licensed

gaming;

(2) The maximum prize, pot or bet limit, if any, that

shall be offered in any type of gaming;

(3) Rules for the particular conduct or any type of

licensed gaming should the Gaming Board deem that

such rules are necessary for the proper conduct or

gaming;

(4) Any other regulation controlling licensed gaming

which is deemed necessary by the Gaming Board.

Ponca\Ordinance.gam 6/21/94
Section 312. Fees.

Each application for an initial or renewal license shall be

accompanied by pay~nent of the license fee. The Gaming Boards

determination of the license fee properly owed under this Ordinance

shall be final. This fee is imposed for the revocable privilege of

being licensed to engage in public gaming activities within the

jurisdiction of the Tribe.

Ponca\Ordinance.gam 6/21/94
Section 313. Non-transferability.

The license issued pursuant to the provisions of this Ordinance is

valid only for the person(s) or organization(s) at the place of

business shown on the face thereof. It is not assignable or

otherwise transferable to any other person or organization or for

any other location without the written approval of the Ganting

Board.

Ponca\Ordinance.gam 6/21/94
Section 33.5. License As A Revocable Privilege.

The public gaming operations license is a revocable privilege, and

no holder thereof shall be deemed to have an interest in any vested

rights therein or thereunder. The burden of proving qualifications

to hold any license rests at all times in the licensee. The Gaming

Board is charged by law with the duty of continually observing the

conduct of all licensees to the end that licenses shall not be held

by unqualified or disqualified persons or unsuitable person or

persons whose operations are conducted in an unsuitable manner.

Ponca\Ordinance.gam 6/21/94
Section 316. Violations.

Violation of any provision of this Ordinance or any of the Gaming

Boards Regulations by a Licensee, his agent, or employee shall:

(a) be deemed contrary to the public health, safety, morals,

good order, and general welfare of the Tribe and its

members;

(b) be grounds for refusing to grant or renew a license, or

for suspension or revocation of a license;

(c) be grounds for the filing of criminal charges and/or a

civil action in a court of competent jurisdiction on

behalf of the Gaming Board; and

(d) be grounds for immediate revocation of license in the

case of a licensee being convicted of a felony.

Acceptance of a license or renewal thereof or condition imposed

thereon by a licensee constitutes agreement on the part of the

licensee to be bound by all applicable gaming laws and regulations

of the Ponca Tribe and by the provisions of this Ordinance as the

same are now or may hereafter be amended or promulgated. It is the

responsibility of the licensee to keep him/herself informed of the

contents of all such regulations, provisions, and conditions, and

ignorance thereof will not excuse the violation.

Provided, the Gaming Board has no authority to close a facility

licensed under the provisions of this Ordinance. Such Order of

closure under this tribal ordinance may be issued only by Tribal

Court of competent jurisdiction, the Ponca Tribal Business

Committee, or by the National Indian Gaming Commission or such

other federal agency as may be so empowered.

Ponca\Ordinance.gam 6/21/94
Section 317. Criminal History Check And Fingerprints.

The Ponca Tribal Police Department is designated and authorized to

take any fingerprints of any applicants for licenses herein or for

any purpose required under the provisions of this Ordinance.

Fingerprints shall be taken on cards or forms approved by the

National Indian Gaming Commission.

The Ponca Tribal Police shall at the request of the Gaming Board or

Business Committee, conduct a criminal history check of any

applicant or employee including a check through the Federal Bureau

of Investigation National Criminal Information Center. The results

of said check shall be included with the license application

required herein.

Ponca\Ordinance.gam 6/21/94
TITLE VI. RULES OR GENERAL APPLICABILITY

Section 400. Rules Of Gaming Operation.

Each licensee operating a gaming enterprise under a license issued

pursuant to the provisions of this Ordinance shall prominently

display in writing all rules and regulations pertaining to all

gaming activity, including but not limited to traditional bingo,

other games of chance and video games of chance, near the specific

location where such gaming activity is conducted; or shall make

available a written list of all such rules and regulations to any

person making a request for such.

Each gaming employee and management entity licensed under the

provisions of this Ordinance shall utilize gaming rules and

regulations that are in compliance with the laws of the Tribe, the

United States of America, and any gaming Compact and specifically

the Indian Gaming Regulatory Act of 1988.

Ponca\Ordinance.gani 6/21/94
Section 401. Video Games Of Chance.

The following requirements shall apply to management and conduct of

all video games of chance within any gaming enterprise licensed

pursuant to the provisions of this Ordinance.

(a) Licensing of manufacturers; no gaming enterprise may own,

lease, or operate video games of chance that have been

manufactured by a manufacturer that has not received a

license form the Gaming Board pursuant to the provisions

of Title III or this Ordinance. The Gaming Board shall

issue licenses only to manufactures of video games of

chance holding a valid license from the States of

Minnesota, New Jersey, Nevada, South Dakota, Kansas,

Wisconsin and Connecticut, or from any other federally

recognized Tribe.

(b) Licensing of distributors; no gaming enterprise may own,

lease, or operate video games of chance that have been

distributed by a distributor that has not received a

license from the Gaming Board pursuant to the provisions

in Title III of this Ordinance. The Gaming Board shall

issue licenses only to distributors of video games of

chance holding a valid license from the State of

Minnesota, or the State of New Jersey, or the State of

Nevada, or the State of South Dakota, Kansas, Wisconsin

and Connecticut.

(c) Suspension, revocation, or nonrenewal of manufacturer or

distributor license; in the event that the States of

Minnesota, Kansas, Wisconsin, Connecticut, New Jersey,

Nevada, or the State of South Dakota, suspends, revokes,

or refuses to renew a license of a manufacturer or

distributor of video games of chance similarly licensed

by the Gaming Board, such action shall be grounds for

similar action by the Gaming Board, which shall

investigate, suspend, revoke, or refuse to renew the

license issued by the Gaming Board to such manufacturer

or distributor.

(d) Technical standards: testing and approval of video games

of chance; no video game of chance may be purchased,

leased or otherwise acquired by a gaming enterprise

unless:

(1) the video game of chance is purchased, leased, or

acquired from a manufacturer or distributor

licensed to sell, lease, or distribute video games

of chance by the Gaming Board pursuant to the

provisions of this Ordinance; and

Ponca\Ordinance.gam 6/21/94
(2) the video game of chance, or a prototype thereof,

has been tested, approved or certified by an

approved gaming test laboratory as meeting all

requirements and standards of any appropriate

compact, ordinance, regulation, or rule on video

games of chance.

(e) Compliance of video games of chance: any gaming activity

involving video games of chance shall be conducted in

strict compliance with the Tribal compact, ordinances,

and regulations on video games of chance.

Ponca\Ordinance.gam 6/21/94
Section 402. Restrictions For Gaming Enterprises.

Each licensee operating a gaming enterprise under a license issued

pursuant to the provisions of this Ordinance must at all times

observe the following restrictions on gaming activities:

(a) Minimum age for players: no person below the age of

eighteen (18) years on the date of gaming shall be

permitted to participate in the gaming in any gaming

enterprise licensed under the provisions of this

Ordinance. If any person below the age of eighteen (18)

years plays and otherwise qualifies to win any prize, the

prize shall not be paid, and the estimated amount wagered

during the course of the game shall be returned to the

player.

(b) Prohibition on alcohol: no gaming enterprise shall allow

to be sold or otherwise make available any beverage

containing alcohol including, but not limited to, beer or

liquor at the gaming enterprise location without the

specific approval of same by the Gaming Board with the

approval of the Business Committee.

(c) Prohibition on firearms: no firearms or airguns which

are capable of discharging dangerous projectiles or games

including, but not limited to, bbs or C02 guns,

rifles, shotguns, pistols, or revolvers, shall be allowed

on the premises except as permitted for security by an

employed security force or other city, state, or federal

law enforcement officers in the course of their official

duties.

Ponca\Ordinance.gam 6/21/94
TITLE V. INDIAN GAMING REGULATORY ACT

Section 500. Policy.

It shall be the policy of the Tribe to fully comply with all

applicable U.S. federal law, to include the provisions of the

Indian Gaining Regulatory Act (25 U.S.C. Section 2701 et seq.) and

the Tribal Gaming Compact, if any, in the conduct of all gaming

activity within the jurisdiction of the Tribe.

Ponca\Ordinance.gam 6/21/94
Section 403. Procedures For Resolving Disputes Between The

Gaming Public And The Ponca Tribe

The Ponca Tribe recognizes that it is in the best interest of

all parties to provide for an orderly and swift resolution of

disputes between any member of the gaming public and the Ponca

Tribe or any management contractor performing duties on behalf of

the Ponca Tribe gaming operation. These disputes may include, but

are not limited to, issues relating to the Rules of Play for the

particular game and the amount of money wagered, lost and/or won.

To insure prompt and fair resolution of any disputes that may

arise, the following procedures will be utilized:

1. Every effort will be made for individual dealers or other

employees directly involved in the dispute to resolve those

disputes.

2. If an individual employee is unable to fairly resolve the

dispute to the satisfaction of the patron, the employees

supervisor (pit boss, etc.) will attempt to resolve the dispute

after consultation with the patron and the employee. In order not

to distract other patrons, the supervisor may ask the affected

parties to relocate to an area more suitable for these discussions.

3. If the supervisor is unable to resolve the dispute, the

manager of the facility on duty at that time will make a

determination as to the appropriate resolution. In reaching this

determination, the manager shall consult with the patron, the

employee and the supervisor. The manager may also review any

available surveillance tape which would be beneficial to this

determination. In order not to unduly inconvenience the patron or

delay the gaming operation, every effort will be made for a final

resolution of all disputes to be made as quickly as possible. Any

patron or employee who is not satisfied with the decision of the

manager shall be entitled to a hearing before the tribal gaming

commission or such body as may be appointed thereby to hear such

disputes. All employees of the Ponca Tribe or any facility

licensed herein will prepare a report on any dispute and the

resolution thereof and forward it to the Gaming Board. A copy of

all such reports will be maintained by the Gaming Board.

Ponca\Ordinance.gam 6/21/94
Section 501. Proprietary Interest.

The Ponca Tribe of Oklahoma shall have the sole proprietary

interest in and responsibility for the conduct of any gaming

activity, Class II or Class III, as those terms are defined by the

Indian Gaming Regulatory act of 1988, 25 U.S.C. §2703(7), (8)

within the jurisdiction of the Tribe.

Porica\Ordinance.garn 6/21/96
Section 502. Use Of Net Revenues.

Net revenues derived from gaming activity shall be utilized for the

following purposes:

(a) To fund Tribal government operations or programs;

(b) To provide for the general welfare of the Tribe and its

members;

(c) To promote Tribal economic development;

(d) To donate to charitable organizations; or

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

Ponca\Ordinance.gam 6/21/94
Section 503. Per Capita Payments.

Net revenues from any gaming activity (as defined by the Indian

Gaming Regulatory Act. 25 U.S.C. §2703) may be used to make per

capita payments to Tribal members only if the following conditions

are first met:

(a) The Tribe has prepared an adequate plan for allocation of

net revenues as described above in section 502, which

plan has been approved by the Secretary of Interior or

his authorized delegee;

(b) In the event of a per capita distribution, the interests

of affected minors and other legally incompetent persons

entitled to such per capita payments are adequately

protected and preserved, under a plan approved by the

Business Committee and by the Secretary of the Interior

or his authorized delegee; and

(c) The recipients of the said per capita payments are

properly notified by the Tribe that the payments are

subject to federal taxation.

Ponca\Ordinance.gam 6/21/94
Section 504. Licensee Standards.

It is the further duty of the Gaming Board to develop standards

within the proposed regulatory scheme, whereby any person whose

prior activities, criminal record, if any, or reputation, habits or

associations pose a threat to the public interest or to the

effective regulation of the gaming activity contemplated herein, or

create or enhance the dangers of unsuitable, unfair, or illegal

practices and methods and activities in the conduct of gaming shall

not be eligible for employment by any gaming activity licensed by

the Gaming Board. The Gaming Board shall conduct background

investigations on primary management officials and key employees of

all gaming activity. The results of such background checks shall

be supplied to the National Indian Gaming Commission prior to the

issuance of any gaming license.

Ponca\Ordinance.gam 6/21/94
Section 505. Contracts.

All contracts for supplies, services, or concessions for a contract

air~ount in excess of Twenty-five Thousand Dollars ($25,000.00)

annually (except for contracts f or professional legal or accounting

services) relating to gaining (as defined by the Indian Gaming

Regulatory Act, 25 U.S.C. §2703) shall be subject to the outside

independent audits provided for in Title II, section 206(6) of this

ordinance, and all such outside audits of gaming related contracts

shall be submitted to the NIGC pursuant to 25 C.F.R. §522.4(b) (3).

Ponca\Ordinance.gam 6/21/94
Section 506. Protections.

It is the duty of the Business Conunittee and the Gaining Board to

ensure that any construction and niaintenance of any gaming facility

licensed by the Gaming Board, and the operation of the gaming

activity therein shall be conducted in a manner which adequately

protects the environment and the public health and safety.

Ponca\Or-dinance.gam 6/21/94
Section 507. Licenses For Continuing Operations.

No licenses will be issued to allow the continuing operation of

individually owned gaming establishments since none were in

operation on September 1, 1986.

Ponca\Orcliriance.gam 6/21/94
Section 508. Tribal Self-Regulation.

It is the intent of the Tribe to request a hearing before the

National Indian Gaining Commission for the issuance of a certificate

of self-regulation. In anticipation of being self-regulating, the

Tribe ensures that it will:

(a) conduct its gaining activity in a manner which:

(1) has resulted in an effective and honest accounting

of all revenues;

(2) has resulted in a reputation for safe, fair, and

honest operation of the activity; and

(3) has been generally free of evidence of criminal or

dishonest activity;

(b) adopt and implement adequate systems for;

(1) accounting for all revenues from licensed gaining

activity;

(2) investigation, licensing, and monitoring of all

employees of the gaming activity; and

(3) investigation, enforcement and prosecution of

violations of this ordinance and regulations; and

(c) conduct all gaining operations on a fiscally and

economically sound basis.

Ponca\Ordinance.gam 6/21/94
Section 509. Management Agreements.

All management agreements entered into by the Tribe, if any, shall

comply with all the applicable provisions of the Indian Gaming

Regulatory Act, 25 U.S.C. §2711.

Ponca\Ordinance.garn 6/21/94
Section 510. Internal Revenue Code.

All applicable Internal Revenue Code provisions concerning

reporting and withholding of taxes with respect to the winnings

from gaming shall be adhered to.

Ponca\Ordinance.gam 6/21/94 76