MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

December 4, 2023

VIA EMAIL

Wena Supernaw, Chair

Quapaw Nation

P.O. Box 765

Quapaw, OK 74363-0765

Re: Quapaw Nation Amended and Restated Gaming Ordinance 

Dear Chair Supernaw:

This letter is to inform you that the Quapaw Nation’s amended and restated gaming ordinance 

(Ordinance), enacted by Resolution No. 091623-J on September 16, 2023, and submitted to the National 

Indian Gaming Commission (NIGC) on September 20, 2023, is approved. The Ordinance is consistent 

with the requirements of the Indian Gaming Regulatory Act (IGRA) and NIGC regulations.

We understand that the Ordinance was drafted in accordance with the 2018 NIGC Revised Model

Gaming Ordinance and ensures consistency with federal and tribal law and the Nation’s tribal-state class 

III gaming compact with the State of Oklahoma. Please be aware that on August 15, 2023, the NIGC 

published final rules for Parts 502 (Definitions) and 558 (Gaming Licenses for Key Employees and 

Primary Management Officials), which became effective on September 14, 2023. The Nation’s Ordinance 

does not reflect the recent changes made to the definitions of “key employee” and “primary management 

official” at 25 C.F.R. §§ 502.14 and 502.19, respectively. However, during a November 14, 2023 meeting 

with the NIGC Office of General Counsel, the Nation’s legal team explained that Section 4 of the 

Ordinance (Definitions) is intended to incorporate into the Ordinance any subsequent changes made to the 

terms defined in IGRA and NIGC regulations, and to the extent there is a difference between a term 

defined in both the Ordinance and IGRA or NIGC regulations, the definitions in IGRA and NIGC 

regulations control. With that understanding, we recommend that these changes be incorporated into the 

Nation’s Ordinance the next time it is amended for clarity.
MAILING ADRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop #1621 Washington, DC 20040 Tel: 202.632.7003 Fax: 

202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK; Oklahoma City, OK; Rapid City, SD

WWW.NIGC.GOV

Thank you for submitting this ordinance for NIGC review. If you have any questions or require 

anything further, please contact Mila Ervin at (301) 751-7700 or Femila.Ervin@nigc.gov. 

Sincerely, 

E. Sequoyah Simermeyer 

Chairman

cc: Erick Giles, Outside General Counsel, Drummond Woodsum

Pamela Lanier, Legal Counsel, Downstream Casino Resort 


2023 QUAPAW NATION 

GAMING ORDINANCE

As proposed to the Quapaw Nation Business Committee and based upon the

NIGC’s 2018 Model Gaming Ordinance

SEPTEMBER 16, 2023 

 
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2023 Quapaw Nation Gaming Ordinance

September 16, 2023

Contents

 

 Section 1. Authority and Purpose ..................................................................................................... 2

Section 2. Sovereign Immunity & Jurisdiction Over Gaming Activities............................................... 2

Section 3. Applicability.............................................................................................................................................. 3

Section 4. Definitions ................................................................................................................................................ 3

Section 5. Gaming Authorized and Prohibited Acts....................................................................................... 7

Section 6. Ownership of Gaming.........................................................................................................................11

Section 7. Use of Net Gaming Revenues...........................................................................................................11

Section 8. Per Capita Payments...........................................................................................................................11

Section 9. Gaming Commission and Gaming Agency .................................................................................12

Section 10. Audits .......................................................................................................................................................18

Section 11. Environment and Public Health and Safety..............................................................................18

Section 12. Tort Claims; Prize Claims; Limited Consent to Suit...............................................................18

Section 13. Facility Licenses...................................................................................................................................25

Section 14. Agent for Service of Process ...........................................................................................................26

Section 15. Access to Financial Information....................................................................................................26

Section 16. License Application Forms..............................................................................................................26

Section 17. License Fees...........................................................................................................................................27

Section 18. Background Investigations..............................................................................................................27

Section 19. Procedures for Conducting Background Investigations......................................................30

Section 20. Investigative Reports.........................................................................................................................30

Section 21. Eligibility Determinations................................................................................................................31

Section 22. Notice of Results of Background Investigations .....................................................................31

Section 23. Granting Gaming Licenses...............................................................................................................32

Section 24. Denying Gaming Licenses................................................................................................................33

Section 25. Gaming License Suspensions and Revocations.......................................................................34

Section 26. Records Retention ..............................................................................................................................34

Section 27. Licenses for Gaming Vendors.........................................................................................................35

Section 28. Submission of a Gaming Vendor License Application...........................................................36

Section 29. Contents of the Gaming Vendor License Application............................................................36
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Section 30. Gaming Vendor Background Investigations..............................................................................38

Section 31. Gaming Vendor License Fees..........................................................................................................38

Section 32. Gaming Vendor Background Investigation Reports...............................................................39

Section 33. Gaming Vendors Licensed by Recognized Regulatory Authorities..................................39

Section 34. Compliance with Federal Law........................................................................................................39

Section 35. Repeal and Replace.............................................................................................................................39

Section 36. Effective Date........................................................................................................................................39

Section 1. Authority and Purpose

The Quapaw Nation Business Committee of the Quapaw Nation, formerly 

known as the Quapaw Tribe of Indians (“Nation”), empowered by the 

Resolution Delegating Authority to the Quapaw Tribal Business Committee 

to Speak and Act in Behalf of the Quapaw Tribe of Indians duly adopted on 

August 19, 1956, and approved by the Commissioner of Indian Affairs on 

September 20, 1957, as amended, to enact ordinances on their behalf, and 

whose General Council has elected to be known as the Quapaw Nation, rather 

than as the Quapaw Tribe of Indians by ballot question appearing on the 

Annual Election ballot on July 28, 2018, as recognized by the United States

Bureau of Indian Affairs, the following ordinance being subject to the 

Approval of the Chairman of the National Indian Gaming Commission under 

the Indian Gaming Regulatory Act., Pub. L. 100-497, 25 U.S.C. §§ 2701 et seq., 

and 18 U.S.C. §§ 1166-68, the said Quapaw Nation Business Committee

hereby enacts this ordinance in order to govern and regulate the operation of

Class II and Class III Gaming Enterprises on the Nation’s Indian Lands to 

promote tribal economic development, self-sufficiency and sovereignty; to

shield the operation of gaming from organized crime and other corrupting 

influences; and to ensure that gaming is conducted fairly and honestly by 

both the operator and players.

Section 2. Sovereign Immunity & Jurisdiction Over Gaming Activities

A. Notwithstanding any provisions herein, this ordinance shall not limit or 

restrict the inherent sovereignty of the Quapaw Nation, and neither the 

ordinance nor any of its provisions shall operate to waive, in whole or in part, 

the sovereign immunity of the Quapaw Nation. As a sovereign nation, the 

Quapaw Nation possesses and exercises its governmental authority, powers, 

and jurisdiction and to the fullest extent permitted under law over all of its 

Indian Country, including over all gaming activities and Gaming Enterprises 

and other activities conducted within its Indian Lands, subject to the 

authority of the United States where and as specified under pertinent federal 
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law. 

B. The act of entry by any person or entity upon the premises of a gaming 

establishment subject to this ordinance, the act of transacting business with 

any Quapaw Nation governmental instrumentality, agency, component, 

enterprise, authority, or other tribal entity subject to this ordinance, the act 

of applying or accepting employment with a Gaming Enterprise, or the act of 

applying for any license required by this ordinance shall constitute consent 

to the civil and/or, where applicable, criminal jurisdiction of the Quapaw 

Nation, including consent to the jurisdiction of the courts and the 

governmental bodies and agencies of the Nation, with respect to any civil or 

regulatory matter arising out of such consensual relationship with the 

Quapaw Nation. The act of entry into the jurisdiction of the Nation by an 

extraterritorial seller or merchant or other person engaged in commerce, or 

by their agent, shall be considered consent by such person or entity to the 

jurisdiction of the Nation, including the jurisdiction of the courts, 

governmental bodies, taxing authorities, and regulatory agencies of the 

Nation, for any dispute or other matter arising out of such transaction, 

regardless of where the sale or transaction was made or took place. 

C. All entities or persons who apply for licenses under this ordinance shall be 

required, as a condition to such licensing, to acknowledge the authority and 

jurisdiction of the Nation, including the jurisdiction of the courts of the 

Nation, the Quapaw Nation Gaming Agency, and the Quapaw Nation Gaming 

Commission, over their activities and transactions conducted within the 

Indian Country of the Nation and with the Gaming Enterprises of the Nation. 

As a further condition to such licensing, all such persons or entities shall be 

required to acknowledge their duty to comply with all applicable Quapaw 

Nation and federal laws and regulations and the terms of any gaming 

compact(s) between the Nation and the State of Oklahoma then in effect and 

as may subsequently be amended.

Section 3. Applicability

Unless specifically indicated otherwise, all provisions of this ordinance shall

apply to Class II and Class III gaming on the Nation’s Indian Lands.

Section 4. Definitions

The following terms shall have the same meaning and effect as those same

terms as defined in the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§

2701 et seq., and the National Indian Gaming Commission (“NIGC”) 

regulations, 25 C.F.R. §§ 500 et seq., if they are defined in IGRA and the NIGC‘s 

regulations.
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A. Agent. An employee of the Quapaw Nation Gaming Agency, which 

agency is responsible for the tasks outlined in this ordinance and which 

agency reports to the Commission as set forth herein.

B. Class I gaming.

1. Social games played solely for prizes of minimal value; or

2. Traditional forms of Indian gaming when played by individuals in 

connection with tribal ceremonies or celebrations.

C. Class II gaming.

1. Bingo or lotto (whether or not electronic, computer or other

technologic aids are used) when players:

a. Play for prizes with cards bearing numbers or other

designations;

b. Cover numbers or designations when objects, similarly

numbered or designated, are drawn or electronically 

determined; and

c. Win the game by being the first person to cover a designated

pattern on such cards;

2. Pull-tabs, punch boards, tip jars, instant bingo and other games

similar to bingo, if played in the same location as bingo or lotto;

3. Non-banking card games that:

a. State law explicitly authorizes, or does not explicitly prohibit,

and are played legally anywhere in the state; and

b. Players play in conformity with state laws and regulations

concerning hours, periods of operation, and limitations on 

wagers and pot sizes;

D. Class III gaming. All forms of gaming that are not class I or class II

gaming, and permitted by the Tribal-State Gaming Compact in effect, 

including, but not limited to:

1. Any house banking game, including but not limited to –

a. Card games such as baccarat, chemin de fer, blackjack (21), and

pai gow (if played as house-banking games); and

b. Casino games such as roulette, craps, and keno;
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2. Any slot machines, as defined in 15 U.S.C. § 1711(a)(1), and

electronic or electromechanical facsimiles of any game of chance;

3. Any sports betting and pari-mutuel wagering, including but not

limited to, wagering on horse racing, dog racing or jai alai; or

4. Lotteries.

E. Commission or Gaming Commission. The Quapaw Nation Gaming 

Commission established by this ordinance to perform regulatory

oversight and to monitor compliance with tribal, federal, and applicable 

state regulations as set forth herein.

F. Commissioner. A Quapaw Nation Gaming Commissioner.

G. Directly related to. A spouse, child, parent, sibling, grandparent,

grandchild, aunt, uncle, or first cousin.

H. Facility or facility. Any Nation-owned building located on Indian lands 

in which covered games authorized by the Tribal-State Compact are 

conducted by an Enterprise.

I. Facility License. A separate license issued by the Tribe to each place,

facility or location on Indian Lands where the Tribe elects to allow class 

II or III gaming;

J. Gaming Enterprise, Enterprise, or enterprise. Each Nation-owned

economic entity that is licensed by the Nation for the purpose of 

conducting Class II and Class III gaming on the Nation’s Indian lands 

pursuant to IGRA. A Gaming Enterprise, Enterprise, or enterprise may 

be operated by the Nation directly; by a management contractor; or, 

under certain conditions, by another person or entity pursuant to IGRA.

K. Gaming Agency. The Quapaw Nation Gaming Agency established by 

this Ordinance to prepare internal audits, reports, and 

recommendations as set forth herein.

L. Indian Lands.

1. Land within the limits of an Indian reservation; or

2. Land over which an Indian tribe exercises governmental power and

that is either;
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a. Held in trust by the United States for the benefit of any Indian

tribe or individual; or

b. Held by an Indian tribe or individual subject to restriction by the

United States against alienation.

M. Key Employee.

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 from the Gaming Enterprise is in excess of $50,000 

per year or such other compensation, if any, required by NIGC 

regulation;

3. If not otherwise included,the four most highly compensated persons

in the Gaming Enterprise; or

4. Any other person designated by the Nation as a key employee.

N. Licensee. A tribally owned Class II or Class III Gaming Enterprise or a 

person licensed by the Quapaw Nation Gaming Commission as a 

Primary Management Official, Key Employee or other gaming employee

under the provisions of this ordinance.

O. Management Contract. Any contract, subcontract or collateral 

agreement between an Indian tribe and a contractor or between a 

contractor and a subcontractor if such contract or agreement provides

for the management of all or part of a Gaming Enterprise.

P. Nation. The Quapaw Nation, formerly known as the Quapaw Tribe of 

Oklahoma.

Q. Net Revenues. Gross gaming revenues of an Indian Gaming Enterprise 
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operation less:

1. Amounts paid out as, or paid for, prizes; and

2. Total gaming-related operating expenses, including all those

expenses of the Gaming Enterprise commonly known as operating 

expenses and non- operating expenses consistent with professional 

accounting pronouncements, excluding management fees.

R. Primary Management Official.

1. The person(s) having management responsibility for a management 

contract.

2. Any person who has authority:

a. To hire and fire employees; or

b. To set up working policy for the Gaming Enterprise; or

c. The chief financial officer or other person who has financial

management responsibility.

3. Any other person designated by the Nation as a Primary

Management Official.

S. OMES. The Office of Management and Enterprise Services, or its 

successor agency, that being the State of Oklahoma agency having 

authority to carry out the State’s oversight responsibilities under the 

Tribal-State Compact.

T. Security and Surveillance Employee. An employee of the Gaming 

Enterprise in the Security and/or Surveillance Departments, regardless 

of title or position.

U. Tribal-State Compact. A tribal-state agreement regarding class III 

gaming between the Nation and a state and entered into pursuant to 25

U.S.C. § 2710(d), including but not limited to the Tribal Gaming Compact 

between the Nation and the State of Oklahoma, and any amendment 

and/or supplement thereto.

Section 5. Gaming Authorized and Prohibited Acts

A. Class II and Class III gaming are authorized to be conducted on the 

Nation’s Indian lands, if such gaming is conducted in accordance with

this ordinance, the Indian Gaming Regulatory Act, the NIGC’s 

regulations, and any other applicable laws or regulations, including to 
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2023 Quapaw Nation Gaming Ordinance

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the extent authorized by any Tribal-State Compact between the Nation 

and the State of Oklahoma, including any amendments or supplements 

thereto. All such gaming shall be conducted in accordance with the 

Minimum Internal Control Standards (“MICS”) as adopted and 

published by the NIGC, and as amended, supplemented, and/or 

supplanted from time to time.

B. Prohibited Acts. In addition to other civil and criminal acts that may be

regulated or prohibited by this ordinance, any Tribal-State Compact to 

which the Nation may be a party, other Quapaw law or applicable 

federal law, the following shall constitute prohibited activities and 

unauthorized gaming under this ordinance and shall subject any 

perpetrator to Gaming Commission action including, but not limited to, 

the imposition of civil penalties, referral to appropriate law 

enforcement authorities for criminal proceedings, and license 

suspension or revocation. It is prohibited for any person:

a. To alter or misrepresent the outcome of a game or other event 

on which wagers have been made after the outcome is 

determined but before it is revealed to the players;

b. To place, increase or decrease a bet or to determine the course 

of play after acquiring knowledge, not available to all players, of 

the outcome of the game or knowledge of any event that affects 

the outcome of the game or knowledge that is the subject of the 

bet or wager;

c. To aid anyone in acquiring such knowledge as set forth in 

paragraph (b) above for the purpose of increasing or decreasing 

a bet or wager, or for the purpose of determining the course of 

play contingent upon that event or outcome;

d. To claim, collect, or take or attempt to claim, collect or take, 

money or anything of value in or from a gambling game with 

intent to defraud, without having made a wager contingent 

thereon, or to claim, collect or take an amount greater than the 

amount won;

e. To knowingly entice or induce another to go to any place where 

a gambling game is being conducted or operated in violation of 

the provisions of this ordinance, with the intent that the other 

person plays or participates in that gambling game;

f. To place or increase a bet or wager after acquiring knowledge of 

the outcome of the game or event which is the subject of the bet 

or wager, including past-posting and pressing bets; 

g. To reduce the amount wagered or cancel the bet after acquiring 

knowledge of the outcome of the game or other event, which is 
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2023 Quapaw Nation Gaming Ordinance

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the subject of the bet or wager, including pinching bets; 

h. To manipulate with intent to cheat, any component of a gaming 

device in a manner contrary to the designed and normal 

operational purpose of the components, with knowledge or hope 

that the manipulation affects the outcome of the game or prize 

or with knowledge of any event that affects the outcome of the 

game or prize;

i. To solicit funds or anything of value from any patron or 

employee for personal gain, such as panhandling, vagrancy, or 

prostitution.

j. To unlawfully take or attempt to take any chips, currency, 

machine redemption tickets, or anything of value from any 

patron or employee on the gaming facility premises;

k. To refuse to leave the gaming facility when appropriately 

advised to do so by a member of management, security, and/or 

the Gaming Commission;

l. To damage or attempt to damage, either intentionally or 

negligently, any property, gaming device or equipment, or any 

article belonging to the Nation, patron, or employee;

m. Under the age of eighteen (18) to make any wager either directly 

or indirectly in any gaming facility;

n. To either intentionally or knowingly cause injury or harm to any 

patron, or employee or threaten to do so;

o. To possess any chips, cards, devices, paraphernalia, etc., that 

could reasonably be concluded as useful in cheating, defrauding, 

manipulating, or altering any game, gaming device, equipment, 

machine, computer, or supplies;

p. For any employee to aid, conspire, collude or assist in any way 

any other employee or patron to win or have an unfair advantage 

to win or otherwise acquire anything of value unfairly;

q. For any employee to knowingly provide false information or to 

misrepresent information contained in a gaming license 

application and/or during the course of a background 

investigation;

r. For any employee to knowingly make a false or misleading 

statement to the independent auditors or internal auditors, nor 

shall any employee conceal or intentionally fail to reveal any 

information necessary to make the statements to such auditors 

not false or misleading;

s. For any employee to knowingly make a false or misleading 
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2023 Quapaw Nation Gaming Ordinance

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statement in connection with any contract for services or 

property or in response to any official inquiry by the Gaming 

Commission or its agents;

t. For any employee to knowingly make a false or misleading 

statement to any investigator or other representative of the 

Gaming Commission in the course of an investigation of a 

complaint or violation of this Act, the Gaming Commission rules 

and regulations, or of any provision of a Tribal-State compact to 

which the Nation may be a party;

u. For any employee to knowingly alter and/or destroy gaming 

records (e.g., surveillance footage, gaming paperwork, 

accounting/financial reports) without proper authorization 

and/or that is outside of prescribed policies and procedures for 

such records;

v. For any person to offer or attempt to offer anything of value to a 

licensee in an attempt to induce the licensee to act or refrain 

from acting in a manner contrary to the official duties of the 

licensee contained in this Act, the Gaming Commission rules and 

regulations, any Tribal-State compact to which the Nation may 

be a party, or any applicable law; 

w. For any licensee to accept anything of value with the expectation 

that receipt of such thing of value is intended, or that may be 

perceived as intended, to induce the licensee to act or refrain 

from acting in a manner contrary to the official duties of the 

licensee contained in this Act, the Gaming Commission rules and 

regulations, any Tribal-State Compact to which the Nation may 

be a party, or any applicable federal law;

x. For any person to take any action which interferes with or 

prevents the Gaming Commission or its agents from fulfilling its 

duties and responsibilities under this Act;

y. Any person possessing knowledge and/or any evidence that any 

gaming system or other equipment used in the gaming facility 

has been tampered with or altered in any way that would affect 

the integrity, fairness, honesty, or suitability of the system or 

equipment shall be immediately reported to the Gaming 

Commission;

z. Any action the Gaming Commission may take against an 

individual for engaging in any of the foregoing does not preclude 

the Quapaw Nation Marshal Service and/or the Quapaw 

Business Committee from taking any action they may deem 

necessary.
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Section 6. Ownership of Gaming

The Nation shall have the sole proprietary interest in and responsibility for

the conduct of any Gaming Enterprise authorized by this Ordinance.

Section 7. Use of Net Gaming Revenues

A. Net revenues from the Nation’s gaming shall be used only for the

following purposes:

1. To fund Quapaw Nation government operations or programs;

2. To provide for the general welfare of the Nation and its members;

3. To promote the Nation’s economic development;

4. To donate to charitable organizations; or

5. To help fund operations of local government agencies.

Section 8. Per Capita Payments

A. Net revenues from any Class II and/or Class III gaming activities

conducted or licensed by the Nation may be used to make per capita 

payments to Quapaw Nation members if:

1. The Nation has prepared a plan to allocate revenues to one or more

of the five uses authorized by section 7(A) of this ordinance;

2. The plan is approved by the Secretary of the Interior as adequate, 

particularly with respect to the uses described in sections 7(A)(1)

and 7(A)(3) of this ordinance;

3. The interests of minors and other legally incompetent persons who 

are entitled to receive any of the per capita payments are protected

and preserved, and the per capita payments are disbursed to the

parents or legal guardian of such minors or legal incompetents in 

such amounts as may be necessary for the health, education, or 

welfare of the minor or other legally incompetent person; and

4. The per capita payments are subject to Federal taxation and the

Tribe notifies its members of such tax liability when payments are 
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2023 Quapaw Nation Gaming Ordinance

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made.

Section 9. Gaming Commission and Gaming Agency

A. The Nation hereby establishes a Quapaw Nation Gaming Commission to 

regulate Gaming Enterprises authorized by this ordinance. The

Commission shall consist of three (3) to five (5) voting members, 

including a Chair, Vice-Chair and up to three additional Commissioners. 

The Commission shall meet each third (3rd) Tuesday of each month, 

beginning with the first month after the Effective Date of this ordinance, 

and at such additional times and frequency as determined by the Chair

of the Commission to be necessary. Although the initial Commission 

shall be established with three (3) Commissioners, the Quapaw Nation 

Business Committee retains the right to appoint two (2) additional 

voting members (“2 additional Commission members”) to serve terms 

as hereinafter provided.

B. The Commission will conduct oversight to ensure compliance with 

IGRA, any Tribal-State Compact, the Quapaw Nation Gaming Ordinance, 

and, if applicable, state laws and regulations. It will serve as the 

licensing authority for individuals employed in the Gaming Enterprise 

and through the Quapaw Nation Gaming Agency, and will administer 

background investigations as part of the applicable licensing processes 

for such Gaming Enterprise employees. The Commission shall have 

authority to take enforcement actions, including suspension or 

revocation of an individual gaming license, when appropriate, and shall, 

in exercise of such authority amend, approve, or disapprove all Gaming 

Agency internal audits, reports, and recommendations for licensing 

enforcement, including suspension or revocation of an individual 

gaming license to ensure compliance with all applicable laws, rules, and 

regulations. In order to carry out its regulatory duties, the Commission 

shall have unrestricted access to all areas of the Gaming Enterprise and 

to all Gaming Enterprise records. The Commission’s actions and 

decisions are appealable to the Quapaw Nation tribal court.

C. Commissioner positions shall be filled through appointment by the 

Quapaw Nation Business Committee.

D. Terms of office for Commissioners shall be as follows: the Chair shall 

serve an initial term of one (1) year, with subsequent Chairs serving 3-

year terms; and the Vice-Chair and other Commissioners shall serve an

initial term of two (2) years, with subsequent Vice-Chairs and other

Commissioners serving 3-year terms. Vacancies on the Commission 

shall be filled by the Quapaw Nation Business Committee within thirty 
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2023 Quapaw Nation Gaming Ordinance

September 16, 2023

(30) days of the vacancy occurrence. 

E. The following persons are not eligible to serve as Commissioners: NonQuapaw Nation members; Quapaw Nation Business Committee 

members, while serving as such; current employees of the Gaming 

Enterprise; persons directly related to, or sharing a residence with, any 

of the above; and persons ineligible to be Key Employees or Primary 

Management Officials. Quapaw Nation members previously convicted 

of any felony or misdemeanor offense of embezzlement, theft or any 

other offense related to money or honesty, such as fraud, will only be 

allowed to serve as a Commissioner if the Quapaw Nation Business 

Committee specifically finds that a significant amount of time has passed 

and the person is now of trustworthy character.

F. The Quapaw Nation Business Committee shall require a criminal 

history check with appropriate law enforcement agencies for each

Commissioner candidate; shall review the candidate’s criminal history 

check results; and shall make an appropriate eligibility determination 

before appointing an individual to the position of Commissioner.

G. The Nation recognizes the importance of an independent Gaming 

Commission in maintaining a well-regulated Gaming Enterprise. The 

Commission shall be independent of, and act independently and

autonomously from, the Quapaw Nation Business Committee in all

matters within its purview. No prior, or subsequent, review by the 

Quapaw Nation Business Committee of any actions of the Commission 

shall be required or permitted except as otherwise explicitly provided 

in this ordinance. To avoid potential conflicts of interest between the 

operation and regulation of the Gaming Enterprise, the Nation requires 

that, at a minimum:

1. No member of the Quapaw Nation Business Committee or Quapaw 

Nation Gaming Agency may serve on the Quapaw Nation Gaming 

Commission;

2. No member directly related to, or living with, any Quapaw Nation 

Business Committee member or Quapaw Nation Gaming Agency

member or employee of the Gaming Enterprise may serve on the 

Quapaw Nation Gaming Commission;

3. Members of the Commission are prohibited from gambling in the

facility;

4. Commissioners are prohibited from accepting complimentary items

from the Gaming Enterprise, excepting food and beverages valued 
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2023 Quapaw Nation Gaming Ordinance

September 16, 2023

under Twenty-five Dollars ($25.00) per fiscal quarter and such 

other expenses required to fulfill their duties under this ordinance;

and

5. Commissioners may only be removed from office by the Quapaw 

Nation Business Committee prior to the expiration of their

respective terms, for neglect of duty (which shall include, but not 

limited to, being absent for two regularly scheduled meetings), 

misconduct, malfeasance or other acts that would render a

Commissioner unqualified for the position.

H. Nominees for Commissioner positions must satisfy the eligibility

standards set forth for Primary Management Officials and Key

Employees found in Section 21 of this ordinance and be enrolled 

members of the Quapaw Nation. All requisite background investigations 

shall be performed under the direction of the Quapaw Nation Marshal

Service.

I. Under the direction and review of the Gaming Commission, the Quapaw 

Nation Gaming Agency (“Gaming Agency”)is hereby established and shall:

1. Conduct background investigations, or cause such investigations to

be conducted, for Primary Management Officials and Key Employees

and Security and Surveillance Employees;

2. Create and maintain investigative reports based on the background 

investigations of Primary Management Officials and Key Employees

and Security and Surveillance Employees;

3. Designate a law enforcement agency to obtain and process

fingerprints and conduct a criminal history check that shall include 

a check of criminal history records information maintained by the 

Federal Bureau of Investigation.;

4. Make licensing eligibility recommendations to the Gaming 

Commission, which, if approved, shall be signed by the Chair of the 

Commission;

5. Prepare a notice of results to the NIGC of the background

investigations done for each Primary Management Official and Key 

Employee applicant;

6. Provide the Gaming Commission with recommendations regarding 

the issuance or non-issuance of gaming licenses to Primary
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2023 Quapaw Nation Gaming Ordinance

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Management Officials and Key Employees based upon background 

investigations conducted pursuant to this Ordinance;

7. Recommend standards for adoption by the Gaming Commission

regarding licensing of Gaming Enterprises in accordance with 

applicable federal regulations, Nation law, and, if applicable, 

standards contained in the Tribal-State Compact;

8. Provide the Gaming Commission with recommendations regarding 

the issuance of gaming licenses for Gaming Enterprises;

9. Inspect, examine and monitor all of the Nation’s gaming activities,

and have immediate access to review, inspect, examine, photocopy 

and audit all records of the gaming facilities and operations;

10. Investigate any suspicion of wrongdoing associatedwith any gaming 

activities and prepare reports thereof for review by the Gaming 

Commission, and prepare any recommendation for the Gaming 

Commission to add a person associated with such wrongdoing to the 

list of persons not allowed to game in the Quapaw Nation’s gaming 

facilities in order to maintain the integrity of the Gaming Enterprise;

11. Prepare all reports necessary to comply with any and all reporting 

requirements under IGRA, the NIGC’s regulations and any TribalState Compact to which the Quapaw Nation is a party, and any other 

applicable law;

12. Propose regulations necessary for adoption by the Quapaw Nation 

Gaming Commission to comply with the MICS;

13. Propose regulations for adoption by the Quapaw Nation Gaming 

Commission on the levying of fees and/or taxes associated with 

gaming license applications;

14. Propose regulations for adoption by the Quapaw Nation Gaming 

Commission on the levying of fines and/or the suspension or

revocation of gaming licenses for violations of this ordinance or any 

Quapaw Nation, federal or applicable state gaming regulations;

15. Receive from the Gaming Enterprise a list of persons not allowed to

game in facilities in order to maintain the integrity of the Gaming 

Enterprise;

16. Receive from the Gaming Enterprise a list of persons who have
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voluntarily agreed to be excluded facilities, and assist in the creation 

of regulations for enforcing the exclusions;

17. Provide referrals and information to the appropriate law 

enforcement officials, in accordance with the Tribal-State Compact 

as well as applicable tribal and federal law, when such information

indicates a violation of Quapaw Nation, federal or state statutes, 

ordinances, regulations, codes or resolutions;

18. Recommend to the Gaming Commission a list of trustworthy tribal 

or commercial gaming regulatory entities, which can conduct 

background investigations and assisting in the licensing of, vendors

and Gaming Enterprise employees as required under applicable law;

19. Propose regulations for adoption by the Gaming Commission

exempting vendors from the licensing and/or background 

investigation requirements if they have received a license from a

recognized regulatory authority;

20. Perform such other duties consistent with this ordinance that the

Commission deems appropriate for the proper regulation of the

Gaming Enterprise; and

21. Prepare and recommend that the Gaming Commission adopt such 

regulations and guidelines as the Gaming Agency deems necessary 

to implement the provisions of this ordinance, so long as they are in 

furtherance of, and not in conflict with, any provisions of this

ordinance.

22. The Gaming Agency shall be comprised of personnel who shall meet 

the minimum qualifications of a Primary Management Official or 

Key Employee and who shall each be employed as an at-will 

employee serving at the request and direction of the Gaming 

Commission. The Director of the Gaming Agency, if any, shall be a 

Quapaw Nation member and shall be appointed for a term of two (2) 

years by the Quapaw Nation Business Committee. Notwithstanding 

such appointment, the Director may be suspended or removed from 

such position prior to the expiration of their respective term, for

neglect of duty (which shall include, but not limited to, being absent 

for two regularly scheduled Commission meetings), misconduct, 

malfeasance, lack of transparency with the Gaming Enterprise or 

other acts that would render a Commissioner unqualified for the 

position.
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J. Before adopting, amending and repealing regulations and/or guidelines 

referred to in this Section, the Commission shall give ninety (90) days’ 

notice of any such proposed action to the Quapaw Nation Business 

Committee, the Gaming Enterprise(s) and to all other persons whom the

Commission has reason to believe have a legitimate interest in the

proposed action. The notice shall invite comments and describe the 

general nature of the proposed action and the manner in which 

comments on the proposed action shall be received by the Commission. 

Such proposed action shall not be adopted, amended or repealed if 

outside legal counsel engaged by the Quapaw Nation Business Committee 

issues a legal opinion that such proposed action would contravene this 

ordinance, the Tribal-State Compact, or other law or regulation to which 

the Quapaw Nation is obligated to adhere.

K. The Gaming Agency and Gaming Commission shall each ensure that all 

records and information obtained as a result of an employee 

background investigation, including but not limited to, the identity of

each person interviewed in the course of an investigation, shall remain 

confidential and shall not be disclosed to any persons who are not 

directly involved in the licensing and employment processes. 

Information obtained during the course of an employee background 

investigation shall be disclosed to members of management, human 

resource personnel and/or others employed by the Gaming Enterprise

on a need-to-know basis, for actions taken in their official capacities.

L. The confidentiality requirements in Section 9(K), above, do not apply to

requests for such records or information from any Tribal, federal or 

state law enforcement or regulatory agency, or for the use of such 

records or information by the Commission, Agency, and staff in the 

performance of their official duties.

M. A majority of the Commission shall constitute a quorum. The 

concurrence of a majority of the Commissioners shall be required for

any final determination by the Commission. The Commission may act in 

its official capacity, even if there are vacancies on the Commission, a 

quorum being then defined as a majority of the then-sitting members of 

the Commission.

N. Commissioners shall be compensated at a level determined by the 

Quapaw Nation Business Committee.In order to ensure the Commission

is not improperly influenced, a Commissioner’s compensation shall not

be based on a percentage of gaming revenue. The Commission shall set 

the compensation of the employees of the Quapaw Nation Gaming 

Agency.
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O. The Commission shall keep a written record of all its meetings for a 

period of not less than three (3) years, copies of which shall be made 

available to Quapaw Nation Business Committee, its legal counsel, and 

the Gaming Enterprise’s executive team upon written request at the 

expense of the entity making the request.

Section 10. Audits

A. The Quapaw Nation shall cause to be conducted independent audits of

Gaming Enterprises annually and shall submit the results of those 

audits to the NIGC.

B. Annual audits shall conform to the requirements set forth in the TribalState Compact, if any, and must adhere to generally accepted auditing

standards.

C. All gaming-related contracts that result in the purchase of supplies, 

services or concessions for more than $25,000 in any year (except 

contracts for professional legal and accounting services) shall be

specifically included within the scope of the audit conducted under 

Section 10(A) of this ordinance.

D. Copies of the annual audit of each licensed Gaming Enterprise, and each 

audit for supplies, services or concessions of each Gaming Enterprise,

shall be furnished to the NIGC within 120 days after the end of each 

fiscal year of the Gaming Enterprise.

Section 11. Environment and Public Health and Safety

A. Each gaming facility shall be constructed, maintained, and operated in a

manner that adequately protects the environment and the health and 

safety of the public.

B. The Quapaw Nation Business Committee shall identify and adopt laws, 

resolutions, codes, policies, standards, or procedures, which are

applicable to each Facility to ensure adequate protection of the

environment and the health and safety of the public.

Section 12. Tort Claims; Prize Claims; Limited Consent to Suit

As and only to the extent required by IGRA, NIGC regulation, and/or a TribalState Compact to which the Nation is a party, the Nation shall adhere to the 

requirements set forth in Section 12 of this ordinance, and shall only be subject 

to suit to the extent authorized hereby.
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A. Tort Claims. The Gaming Enterprise shall ensure that patrons of the 

Gaming Enterprise are afforded due process in seeking and receiving 

just and reasonable compensation for a tort claim for personal injury or 

property damage against the Gaming Enterprise arising out of incidents 

occurring at such gaming facility, hereinafter "Tort Claim", as follows: 

1. The Gaming Enterprise shall maintain public liability insurance for 

the express purposes of covering and satisfying Tort Claims. The 

insurance shall have liability limits of not less than Two Hundred 

Fifty Thousand Dollars ($250,000.00) for any one person and Two 

Million Dollars ($2,000,000.00) for any one occurrence for personal 

injury, and One Million Dollars ($1,000,000.00) for any one 

occurrence for property damage, hereinafter the "limit of liability'', 

or the corresponding limits under the Governmental Tort Claims 

Act, whichever is greater. No Tort Claim shall be paid, or be the 

subject of any award, in excess of the limit of liability; 

2. The Quapaw Nation consents to suit on a limited basis with respect 

to Tort Claims subject to the limitations set forth in this subsection 

and subsection C of this Part. No consents to suit with respect to Tort 

Claims, or as to any other claims against the Quapaw Nation shall be 

deemed to have been made under this ordinance, except as 

provided in subsections B and C of this Section; 

3. The Gaming Enterprise's insurance policy shall include an 

endorsement providing that the insurer may not invoke tribal 

sovereign immunity in connection with any Tort Claim made within 

the limit of liability if the Tort Claim complies with the limited 

consent provisions of subsection C of this Section;

4. Any patron having a Tort Claim shall file a written Tort Claim Notice 

by delivery to the Gaming Enterprise in the manner and with all the 

requirements as set forth herein. The date the Tort Claim Notice is 

filed with the Gaming Enterprise shall be deemed the official date of 

filing the Tort Claim Notice. The Tort Claim Notice shall be filed 

within one (1) year of the date of the event which allegedly caused 

the claimed loss. Failure to file the Tort Claim Notice during such 

period of time shall forever bar such Tort Claim; provided that a tort 

claim notice filed with the Gaming Enterprise more than ninety (90) 

days, but within one (1) year, after the event shall be deemed to be 

timely filed, but any judgment thereon shall be reduced by ten 

percent (10%);
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5. If the Tort Claim notice is filed with the Gaming Agency, the Gaming 

Agency shall forward a copy of the tort claim to the Gaming 

Enterprise and the OMES within forty-eight (48) hours of filing, and 

if the tort claim notice is filed with the Gaming Enterprise, the 

Gaming Enterprise shall forward a copy of the Tort Claim to the 

Gaming Agency and the OMES within forty-eight (48) hours of filing;

6. The Tort Claim Notice shall state the date, time, place and 

circumstances of the incident upon which the Tort Claim is based, 

the identity of any persons known to have information regarding 

the incident, including employees or others involved in or who 

witnessed the incident, the amount of compensation and the basis 

for said relief; the name, address and telephone number of the 

claimant, and the name, address and telephone number of any 

representative authorized to act or settle the claim on behalf of the 

claimant; 

7. All Tort Claim Notices shall be signed by the claimant under oath. As 

a condition of prosecuting Tort Claims, the claimant shall appear to 

be interviewed or deposed at least once under reasonable 

circumstances, which shall include the attendance of the claimant's 

legal counsel if requested; provided that the Gaming Enterprise

shall afford claimant at least thirty (30) days' written notice of the 

interview or deposition; and provided further that the claimant's 

failure to appear without cause for any interview or deposition 

properly noticed pursuant to this paragraph shall be deemed a 

voluntary withdrawal of the Tort Claim; 

8. The Gaming Enterprise shall promptly review, investigate, and 

make a determination regarding the Tort Claim. Any portion of a 

Tort Claim which is unresolved shall be deemed denied if the 

Gaming Enterprise fails to notify the claimant in writing of its 

approval within ninety (90) days of the filing date, unless the parties 

by written agreement extend the date by which a denial shall be 

deemed issued if no other action is taken. Each extension shall be 

for no more than ninety (90) days, but there shall be no limit on the 

number of written agreements for extensions, provided that no 

written agreement for extension shall be valid unless signed by the 

claimant and an authorized representative of the Gaming 

Enterprise. The claimant and the Gaming Enterprise may continue 

attempts to settle a claim beyond an extended date; provided, 

settlement negotiations shall not extend the date of denial in the 

absence of a written agreement for extension as required by this 

paragraph; 
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9. A judicial proceeding for any cause arising from a tort claim may

be maintained in accordance with and subject to the limitations of 

subsection C of this Part only if the following requirements have 

been met: 

a. the claimant has followed all procedures required by this 

Section, including, without limitation, the delivery of a valid 

and timely written Tort Claim Notice to the Gaming Enterprise,

b. the Gaming Enterprise has denied the Tort Claim, and 

c. the claimant has filed the judicial proceeding with the Quapaw 

Nation Tribal Court no later than the one-hundred eightieth 

(180th) day after denial of the claim by the Gaming Enterprise; 

provided, that neither the claimant nor the Gaming Enterprise

may agree to extend the time to commence a judicial 

proceeding.

10. Notices explaining the procedure and time limitations with 

respect to making a Tort Claim shall be prominently posted in the 

gaming facility. Such notices shall explain the method and places 

for making a Tort Claim, that this procedure is the exclusive 

method of making a Tort Claim, and that claims that do not follow 

these procedures shall be forever barred. The Gaming Enterprise

shall make pamphlets containing the requirements in this 

subsection readily available to all patrons of the facility and shall 

provide such pamphlets to a claimant within five (5) days of the 

filing of a Notice of Tort Claim. 

B. Prize Claims. The Gaming Enterprise shall ensure that patrons of a 

facility are afforded due process in seeking and receiving just and 

reasonable compensation arising from a patron's dispute, in connection 

with his or her play of any game authorized under this ordinance, the 

amount of any prize which has been awarded, the failure to be awarded 

a prize, or the right to receive a refund or other compensation, hereafter 

"Prize Claim", as follows: 

1. The Quapaw Nation consents to suit on a limited basis with 

respect to Prize Claims against the Gaming Enterprise only as set 

forth in subsection C of this Section; no consents to suit with 

respect to Prize Claims, or as to any other claims against the 

Quapaw Nation shall be deemed to have been made under this 

ordinance, except as provided in subsection A and C of this 

Section; 
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2. The maximum amount of any Prize Claim shall be the amount of 

the prize which the claimant establishes he or she was entitled to 

be awarded, hereafter "Prize Limit"; 

3. Any patron having a Prize Claim shall file a written Prize Claim 

Notice by delivery to the Gaming Enterprise or the Tribal 

Compliance Agency. The date the Prize Claim Notice is filed with 

the Gaming Enterprise shall be deemed the official date of filing 

the Prize Claim Notice. The Prize Claim Notice shall be filed within 

ten (10) days of the event which is the basis of the Prize Claim. 

Failure to file the Prize Claim Notice during such period of time 

shall forever bar such Prize Claim; 

4. If the prize claim notice is filed with the Gaming Agency, the 

Gaming Agency shall forward a copy of the prize claim to the 

Gaming Enterprise and the OMES within forty-eight (48) hours of 

its filing; and if the Prize Claim notice is filed with the Gaming 

Enterprise, the Gaming Enterprise shall forward a copy of the Tort 

Claim to the Gaming Agency and the OMES within forty-eight 

(48)_hours of filing;

5. The written Prize Claim Notice shall state the date, time, place and 

circumstances of the incident upon which the Prize Claim is based, 

the identity of any persons known to have information regarding 

the incident, including employees or others involved in or who 

witnessed the incident, the amount demanded and the basis for 

said amount, the name, address and telephone number of the 

claimant, and the name, address and telephone number of any 

representative authorized to act or settle the claim on behalf of the 

claimant; 

6. All Prize Claim Notices shall be signed by the claimant under oath; 

7. The Gaming Enterprise shall promptly review, investigate and 

make a determination regarding the Prize Claim. Claimants shall 

cooperate in providing information, including personal sworn 

statements and agreeing to be interviewed, as the Gaming 

Enterprise shall reasonably request. The claimant is permitted to 

have counsel present during any such interview; 

8. If the Prize Claim is not resolved within seventy-two (72) hours 

from the time of filing the claim in accordance with paragraph 5 of 

this subsection, the Gaming Agency shall immediately notify the 
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State Compliance Agency in writing that the claim has not been 

resolved;

9. In the event the claim is resolved, the Gaming Agency shall not be 

obligated to report that fact to the OMES, but shall make Gaming

Agency reports available for review;

10. Any portion of a Prize Claim which is unresolved shall be deemed 

denied if the Gaming Enterprise fails to notify the claimant in 

writing of its approval within thirty (30) days of the filing date, 

unless the parties agree by written agreement to extend the date. 

Each extension shall be for no more than thirty (30) days, but 

there shall be no limit on the number of written agreements for 

extensions; provided, that no written agreements for extension 

shall be valid unless signed by the claimant and an authorized 

representative of the Gaming Enterprise. The claimant and the 

Gaming Enterprise may continue attempts to settle a Prize Claim 

beyond an extended date; provided, settlement negotiations shall 

not extend the date of denial in the absence of a written extension 

required by this paragraph. 

11. A judicial proceeding for any cause arising from a prize claim may 

be maintained in the Quapaw Nation Tribal Courts accordance 

with and subject to the limitations of this Section of the ordinance 

only if the following requirements have been met: 

a. the claimant has followed all procedures required by this Part, 

including without limitation, the delivery of a valid and timely 

written Prize Claim Notice to the Gaming Enterprise,

b. the Gaming Enterprise has denied the prize claim, and

c. the claimant has filed the judicial proceeding in the Quapaw 

Tribal Court no later than one hundred eighty (180) days after 

denial of the Prize Claim by the Gaming Enterprise; provided 

that neither the claimant nor the Gaming Enterprise may 

extend the time to commence a judicial proceeding.

12. Notices explaining the procedure and time limitations with 

respect to making a Prize Claim shall be prominently posted in the 

gaming facility. Such notices shall explain the method and places 

for making Prize Claims, that this procedure is the exclusive 

method of making a Prize Claim, and that Prize Claims that do not 

follow this procedure shall be forever barred. The Gaming 
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Enterprise shall make pamphlets containing the requirements in 

this subsection readily available to all patrons of the gaming 

facility and shall provide such pamphlets to a claimant within five 

(5) days of the filing date of a Prize Claim. 

C. Limited Consent to Suit for Tort Claims and Prize Claims. The Quapaw 

Nation consents to suit against the Gaming Enterprise in Quapaw 

Nation Tribal Court respect to a Tort Claim or Prize Claim if all 

requirements of Subsections B and C of this Section have been met by 

the claimant; and provided that such consent shall be subject to the 

following additional conditions and limitations: 

1. For Tort Claims, consent to suit is granted only to the extent such 

claim or any award or judgment rendered thereon does not 

exceed the limit of liability. Under no circumstances shall any 

consent to suit be effective as to any award which exceeds such 

applicable amounts. This consent shall only extend to the gaming 

patron actually claiming to have been injured. A Tort Claim shall 

not be assignable. In the event any assignment of the Tort Claim is 

made in violation of this ordinance, or any person other than the 

gaming patron claiming the injury becomes a party to any action 

hereunder, this consent shall be deemed revoked for all purposes. 

Notwithstanding the foregoing, consent to suit shall not be 

revoked if an action on a Tort Claim is filed by (i) a court appointed 

representative of a claimant's estate, (ii) an indispensable party, 

or (iii) a health provider or other party subrogated to the 

claimant's rights by virtue of any insurance policy; provided, that 

nothing herein is intended to, or shall constitute a consent to suit 

against the Gaming Enterprise as to such party except to the 

extent such party's claim is:

a. in lieu of and identical to the Tort Claim that would have been 

made by the claimant directly but for the appointment of said 

representative or indispensable party, and participation of 

such other party is in lieu of and not in addition to pursuit of 

the Tort Claim by the gaming patron, and 

b. the Tort Claim of such other party would have been subject to 

a consent to suit hereunder if it had been made by the 

claimant directly; and 

2. For Prize Claims, consent is granted only to the extent such Prize 

Claim does not exceed the prize limit. Under no circumstances 

shall any award exceed the prize limit. This consent shall only 
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extend to the gaming patron actually claiming to have engaged in 

the play of a covered game on which the claim is based. Prize 

claims shall not be assignable. In the event any assignment of the 

Prize Claim is made, or any person other than the claimant entitled 

to make the Prize Claim becomes a party to any action hereunder, 

this consent shall be deemed revoked for all purposes. 

Notwithstanding the foregoing, consent to suit shall not be 

revoked if an action on a Prize Claim is filed by (i) a courtappointed representative of a claimant's estate, or (ii) an 

indispensable party, provided that nothing herein is intended to, 

or shall constitute a consent to suit against the Gaming Enterprise

as to such party except to the extent such party's claim is:

a. in lieu of and identical to the Prize Claim that would have been 

made by the claimant directly but for the appointment of said 

representative or indispensable party, and participation of 

such other party is in lieu of and not in addition to pursuit of 

the Prize Claim by the gaming patron, and 

b. the Prize Claim of such other party would have been subject to 

a consent to suit hereunder if it had been made by the claimant 

directly.

Section 13. Facility Licenses

A. The Nation shall issue a separate license to each place, facility or 

location on Indian lands where Class II and/or Class III gaming is

conducted under this ordinance once every three (3) years.

B. The Gaming Commission is responsible for issuing new or renewed 

facility licenses to each place, facility or location.

C. The Gaming Commission shall require that a facility license application 

be completed by the chief management official of the gaming facility for 

each gaming place, facility or location.

D. The Gaming Commission shall identify the environmental, health and 

public safety standards with which the place, facility or location must 

comply, and specify the form, conditions and content of a facility license

application. The application shall include: A legal description of the

lands upon which the facility is located, and a certification that the site

constitutes “Indian lands,” as defined in IGRA, theNIGC’s regulations, the NIGC

Office of General Counsel and DOI Solicitor Offices’ Indian lands legal opinions, 

judicial decisions and any other applicable law.
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E. The Gaming Commission shall issue a facility license if the application 

includes the required information and documentation, and sufficiently

satisfies any additional conditions deemed necessary by the Quapaw 

Nation.

F. The Quapaw Nation or Gaming Commission shall submit to the NIGC

Chair a notice that issuance of a facility license is under consideration 

by the Gaming Commission. This notice must be submitted at least 120 

days before the opening of any new place, facility or location on Indian 

Lands where Class II and/or Class III gaming will occur.

G. The Gaming Commission shall submit a copy of each newly issued or 

renewed facility license to the NIGC Chair within 30 days of issuance,

along with any other required documentation.

H. The Quapaw Nation Business Committee shall notify the NIGC Chair

within 30 days if a facility license is terminated or expires, or if a gaming 

place, facility, or location closes or reopens.

Section 14. Agent for Service of Process

The Nation designates Chairperson of the Quapaw Nation Business 

Committee as the agent for service of any official determination, order or 

notice of violation.

Section 15. Access to Financial Information

A copy of the Gaming Enterprise’s annual audit will be made available for 

review, upon request, to the Gaming Commission and the Quapaw Nation 

Business Committee.

Section 16. License Application Forms

A. The following notice shall be placed on the Quapaw Nation’s license

application form for a Key Employee or a Primary Management Official 

before it 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 regulatory authorities and 

by the National Indian Gaming Commission members and staff who have 
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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 NIGC in

connection with the issuance, denial, 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 tribe 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.

In the event the NIGC amends its regulations regarding the required 

notice as set forth herein, the notice placed upon any Quapaw Nation 

license application form shall be updated and compliant therewith.

B. The following additional notice shall be placed on the application form

for a Key Employee or a Primary Management Official or a Security or 

Surveillance Employee before it is filled out by an applicant:

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).

Section 17. License Fees

The Quapaw Nation may charge a license fee, to be set by the Gaming

Commission, to cover its expenses in investigating and licensing required

under this ordinance.

Section 18. Background Investigations

A. The Gaming Agency shall perform a background investigation for each

employee as may be required to be subject to a background 

investigation under the Tribal-State Compact, as well as Primary 

Management Officials, Key Employees, Security and Surveillance 

Employees in the Gaming Enterprise. The investigations must comply 

with the Tribal-State Compact and must be sufficient to allow the Gaming

Commission to make an eligibility determination under Section 21 of 

this ordinance.
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B. Background investigations conducted by the Gaming Agency shall 

include a check of criminal history records information maintained by 

the Federal Bureau of Investigations and shall otherwise comply with 

background investigation requirements under the Tribal-State 

Compact.

C. The Gaming Agency shall request fingerprints from each individual 

subject to a background investigation. The law enforcement agency 

designated to take fingerprints is Quapaw Nation Marshal Service.

D. The Gaming Agency shall request from each individual subject to 

background investigations under this ordinance and the Tribal-State 

Compact all of the following information:

1. Full name, including any aliases by which the applicant has ever 

been known(oral or written), social security number, driver’s license 

number, birth date, place of birth, citizenship, gender and all 

languages (spoken and/or written);

2. Currently, and for the previous five (5) years; business and

employment positions held, ownership interests in those 

businesses, business and residential addresses, and driver’s license

numbers;

3. Residential addresses for the past five (5) years;

4. The names and current addresses of at least three (3) personal 

references, including one (1) personal reference who was

acquainted with the applicant during each period of residence listed 

under paragraph (C)(2) of this section;

5. Current business and residential telephone numbers, and all cell

phone numbers;

6. A description of any existing and previous business relationships

with other tribes, including any ownership interests in those 

businesses;

7. A description of any existing and previous business relationships

with the gaming industry generally, including ownership interests 

in those businesses;

8. The name and address of any licensing or regulatory agency with
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which the person has filed an application for a license or permit 

related to gaming, whether or not such license or permit was 

granted;

9. 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 of disposition, if any;

10. 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 of disposition, if any;

11. 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

paragraphs (D)(8) or (D)(9) of this Section, the criminal charge, the

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

if any;

12. The name and address of any licensing or regulatory agency with

which the person has filed an application for an occupational license 

or permit, an explanation as to whether or not such license or permit 

was granted, and an explanation of any disciplinary charges filed by 

a state or tribal regulatory in connection with such license 

regardless of whether discipline was imposed;

13. A current photograph;

14. Any other information the Nation deems relevant to a thorough 

background investigation or which is required under the TribalState Compact; and

15. Fingerprints obtained in accordance with procedures adopted by

the Quapaw Nation.

E. When a Primary Management Official, Key Employee, a Security or 

Surveillance Employee, or other individual required to be subject to a 

background check pursuant to the Tribal-State Compact is employed by

the Quapaw Nation, a complete application file, containing all of the 

information listed in Section 18(D), shall be maintained.

F. The Gaming Commission, the Gaming Agency and their employees and 

investigators, shall keep confidential the identity of each person 
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interviewed in the course of conducting a background investigation.

Section 19. Procedures for Conducting Background Investigations

A. The Gaming Agency shall employ or engage an investigator to conduct 

a background investigation of each applicant and individual subject to a 

background investigation prior to employment at a Gaming Enterprise.

The investigator shall:

1. Verify the applicant’s identity through items such as a social security

card, driver’s license, birth certificate or passport;

2. Contact eachpersonal andbusiness reference provided in the license 

application, when possible;

3. Conduct a personal credit check;

4. Conduct a civil history check;

5. Conduct a criminal history records check;

6. Based on the results of the criminal history records check, as well as

information acquired from an applicant’s self-reporting or from any 

other source, obtain information from the appropriate court 

regarding any past felony and/or misdemeanor convictions or

ongoing prosecutions within the past 10 years;

7. Inquire into any previous or existing business relationships with the

gaming industry, including with any tribes with Gaming Enterprises, 

by contacting the entities or tribes;

8. Verify the applicant’s history and current status with any licensing

agency by contacting the agency; and

9. Take other appropriate steps to verify the accuracy of the

information, focusing on any problem areas noted.

Section 20. Investigative Reports

A. The Gaming Agency shall create and maintain an investigative reportfor

each background investigation conducted pursuant to the Tribal-State 

Compact and this ordinance.

B. Investigative reports shall include all of the following information:
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a. Steps taken in conducting the investigation;

b. Results obtained;

c. Conclusions reached; and

d. The basis for those conclusions.

Section 21. Eligibility Determinations

A. Before a license is issued following a background investigation 

conducted pursuant to this ordinance, the Gaming Commission shall 

make a finding concerning the eligibility of that person for receiving a 

gaming license by reviewing the applicant’s prior activities, criminal 

record, if any, and reputation, habits and associations as contained in 

the Gaming Agency’s investigative report.

B. If the Gaming Commission, in applying the standards adopted in this 

ordinance, determines that licensing the 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, methods 

and/or activities in the conduct of gaming, the Commission shall not

license that person in a Key Employee or Primary Management Official 

position.

C. Copies of the eligibility determination shall be transmitted to the 

appropriate parties pursuant to the Tribal-State Compact as may be 

required and shall be included with the notice of results that must be

submitted to the NIGC before the licensing of a primary management 

official or key employee.

Section 22. Notice of Results of Background Investigations

A. Before issuing a license to an individual subject to a background 

investigation under this ordinance, the Gaming Agency shall prepare a 

notice of results of the applicant’s background investigation to submit 

to the NIGC and to the appropriate state agency as required by IGRA and 

the Tribal-State Compact.

B. The notice of results must be submitted to the Gaming Commission for 

review, and then to the NIGC and to any applicable state regulatory 

agency no later than 60 days after the applicant begins working for the 

Quapaw Nation.

C. The notice of results shall include the following information:
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1. The applicant’s name, date of birth and social security number;

2. The date on which the applicant began, or will begin, working as a

Primary Management Official or Key Employee;

3. A summary of the information presented in the investigative report, 

including:

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 last10 years of the date of the application; and

d. every felony offense of which the applicant has been convicted or

any ongoing prosecution; and

4. A copy of the eligibility determination made in accordance with

Section 21.

Section 23. Granting Gaming Licenses

A. All Primary Management Officials, Key Employees, Security and

Surveillance Employees, and other employees of the Gaming Enterprise 

who are required to be licensed pursuant to the Tribal-State Gaming 

Compact must have a gaming license issued by the Quapaw Nation

Gaming Commission.

B. The Gaming Commission is responsible for granting and issuing gaming 

licenses to Primary Management Officials, Key Employees, Security and

Surveillance Employees, and other employees of the Gaming Enterprise 

who are required to be licensed pursuant to the Tribal-State Gaming 

Compact.

C. The Gaming Commission may license an applicant/employee pursuant 

to this ordinance and the Tribal-State Compact after submitting a notice 

of results of the applicant’s background investigation to the NIGC, as 

required by Section 22.

D. The Gaming Commission shall notify the NIGC of the issuance of a

license to a Primary Management Official or Key Employee within 30 

days of issuance.

E. The Quapaw Nation shall not employ an individual in a Primary

Management Official or Key Employee position or Security or 
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Surveillance Employee Position who does not have a required gaming 

license after 90 days of beginning work at the Gaming Enterprise, and 

shall otherwise require employee licensing in accordance with the 

Tribal-State Compact.

F. The Gaming Commission must reconsider a license application for a 

Primary Management Official or Key Employee or for another employee 

subject to licensing under this ordinance if it receives a statement of 

itemized objections to issuing such a license from the NIGC, and those 

objections are received within 30 days of the NIGC receiving a notice of

results of the applicant’s background investigation.

G. The Gaming Commission shall take the NIGC’s objections into account 

when reconsidering a license application.

H. The Gaming Commission will make the final decision of whether to issue

a license to an applicant for employment with the Gaming Enterprise, as 

required by this ordinance and the Tribal-State Compact.

I. If the Gaming Commission has issued a license to a Gaming Enterprise 

employee before receiving the NIGC’s statement of objections, notice

and a hearing shall be provided to the licensee, as required by Section

25.

Section 24. Denying Gaming Licenses

A. The Gaming Commission shall not license a Primary Management

Official or Key Employee or Security or Surveillance Employee if, when 

applying the standards in Sections 21 and 22 for making a license 

eligibility determination, the Gaming Commission determines that 

licensing the person:

1. Poses a threat to the public interest;

2. Poses a threat to the effective regulation of gaming; or

3. Creates or enhances the dangers of unsuitable, unfair or illegal

practices, methods and/or activities in the conduct of gaming.

B. When the Gaming Commission does not issue a license to an applicant 

for a Primary Management Official or Key Employee position, or 

revokes a previously issued licenses after reconsideration, it shall:

1. Notify the NIGC; and
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2. Forward copies of its eligibility determination and notice of results 

of the applicant’s background investigation to the NIGC for inclusion

in the Indian Gaming Individuals Record System.

Section 25. Gaming License Suspensions and Revocations

A. If, after a license is issued to a Primary Management Official or a Key 

Employee, the Quapaw Nation receives notice from the NIGC that the

Primary Management Official or Key Employee is not eligible for 

employment, the Gaming Commission shall do the following:

1. Immediately suspend the license;

2. Provide the licensee with written notice of the suspension and

proposed revocation; and

3. Provide the licensee and the Gaming Enterprise with at least five (5) 

days’ notice of a time and place for a hearing on the proposed 

revocation of the license, such hearing to be held within thirty (30) 

days of a preliminary determination in accordance with this Section. 

B. Following a revocation hearing, the Gaming Commission shall decide

whether to revoke or reinstate the license at issue.

C. The Gaming Commission shall notify the NIGC of its decision to revoke

or reinstate a license within 45 days of receiving notification from the 

NIGC that a primary management official or key employee is not eligible 

for employment.

D. Notwithstanding anything to the contrary in this section, the Gaming 

Commission shall comply with the Tribal-State Compact in 

administering the licensing process for individuals required to be 

licensed thereunder.

Section 26. Records Retention

A. The Gaming Commission shall retain, for no less than three years from 

the date a Primary Management Official or Key Employee or Security or 

Surveillance Employee is terminated from employment with the 

Quapaw Nation, the following documentation:

1. Application for licensing;
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2. Investigative Reports; and

3. Eligibility Determinations.

Section 27. Licenses for Gaming Vendors

Vendors of gaming services or gaming supplies, with a value of $25,000 or 

more annually, including suppliers of gaming equipment and suppliers of 

gaming devices including electronic, computer, or technological aids, must 

have a vendor license from the Gaming Commission in order to transact 

business with the Nation’s Gaming Enterprise. All other suppliers and 

providers of goods and services to the Gaming Enterprise are specifically 

excluded from this Section. The Gaming Agency must submit to the Gaming 

Commission for its review and consideration reports and recommendations 

for vendor licensing as provided for in this ordinance.

For the avoidance of doubt, all non-gaming vendors, including, but not 

limited to, the following types of vendors, shall be exempt from the licensing 

and background investigation process under this ordinance: 

(1) Tribal, local, state, or federal governments and associated 

agencies;

(2) Businesses and companies owned and/or chartered by the 

Nation;

(3) Sponsorships or charitable organizations;

(4) Public Utilities;

(5) Vendors that are regulated by a state or the federal government;

(6) Entertainment in the form of single event contracts;

(7) Restaurants and caterers, and suppliers of same;

(8) Insurance companies and their brokers/agents;

(9) Travel companies;

(10) Commercial transportation companies;

(11) Fleet service providers;

(12) Attorneys, accountants, and other professionals providing 

services covered by their respective professional license;

(13) Vendors licensed by regulatory authorities recognized as 

trustworthy;

(14) Publishers of newspapers, magazines, journals, periodicals, and 

other print media for routine subscriptions, provided that 

licensure shall be required if the services of such publisher are 

secured to publish tickets, coupons, or other instruments that 
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may be used or redeemed for value for gaming activities in the 

Nation’s gaming facilities;

(15) Television, radio, and other media companies, unless such 

entity is to publish, provide, or distribute tickets, coupons, or 

other instruments that may be used or redeemed for value for 

gaming activities in the Nation’s gaming facilities;

(16) Providers of training and/or educational services if such 

provider is affiliated with an educational institution, 

professional association, not-for-profit organizational 

institution, tribal, federal, or state agency, or other public 

institution;

(17) Federally- or state-chartered financial institutions;

(18) Providers of medical equipment, supplies, and/or services; and

(19) Any other vendor that provides goods or services of 

insubstantial or insignificant amounts or quantities and that 

shall not pose a threat to the public interest if they are not 

licensed.

All licensing by the Gaming Commission pursuant to this ordinance must 

comply with all applicable provisions of the Tribal-State Compact for the 

licensing of vendors.

Section 28. Submission of a Gaming Vendor License Application

Unless otherwise exempted from application under Section 9(I) or Section 

33 of this ordinance, to obtain a gaming vendor license, a business must 

complete a vendor application and submit to background checks of itself

and its principals. Principals of a business include those officers, directors, 

managers, owners, partners, and non-institutional stockholders that either 

own 10% or more of the business’ stock or are the 10 largest stockholders, 

as well as the on-site supervisors or managers designated in an agreement 

with the Tribe, if applicable.

Section 29. Contents of the Gaming Vendor License Application

A. Applications for gaming vendor licenses must include the following:

1. Name of business, business address, business telephone number(s),

federal tax identification number (or social security number, if a sole 

proprietorship), main office address (if different from business 

address), any other names used by the applicant in business, and

type of service(s) applicant will provide;
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2. Whether the applicant is a partnership, corporation, limited liability 

company, sole proprietorship, or other entity;

3. If the applicant is a corporation, the state of incorporation and the 

qualification to do business in the State of Oklahoma.

4. Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its

principals;

5. General description of the business and its activities;

6. Whether the applicant will be investing in, or loaning money to, the

Gaming Enterprise, and if so, how much;

7. A description of any existing and previous business relationships

with the gaming industry generally, including ownership interests 

in those businesses;

8. A list of Indian tribes with which the vendor has an existing or

previous business relationship, including ownership, financial or 

management interests in any non-gaming activity;

9. Names, addresses and telephone numbers of three (3) business

references with whom the company has regularly done business for 

the last five (5) years;

10. The name and address of any licensing or regulatory agency with

which the business has filed an application for a license or permit 

related to gaming, whether or not such license or permit was 

granted;

11. If the business has ever had a license revoked for any reason, the 

circumstances involved;

12. A list of lawsuits to which the business has been a defendant, 

including the name and address of the court involved, and the date

and disposition, if any;

13. A list of the business’ funding sources and any liabilities of $50,000

or more;

14. A list of the principals of the business, their social security numbers, 

addresses, telephone numbers, titles and percentage of ownership
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in the company; and

15. Any further information the Gaming Commission deems relevant.

B. The following notice shall be placed on the application form for a vendor

and its principals:

Inclusion of false or misleading information in the vendor application

may be grounds for denial or revocation of the Quapaw Nation’s vendor 

license.

C. A vendor may submit to the Gaming Agency a copy of a recent license 

application to another jurisdiction if it contains most of the information 

listed above. The vendor will be required to submit, in writing, any 

changes in the information since the other license application was filed,

and any information requested by the Nation not contained in the other 

application.

Section 30. Gaming Vendor Background Investigations

The Gaming Agency shall employ or otherwise engage an investigator to

complete an investigation of a gaming vendor. This investigation shall

include, at a minimum, the following steps:

A. Verification of the vendor’s business’ incorporation status and

qualifications to do business in the state where the Gaming Enterprise

is located;

B. Obtaining a business credit report, if available, and conducting a Better 

Business Bureau check on the vendor;

C. Conducting a check of the vendor’s business’ credit history;

D. Calling and questioning each of the references listed in the vendor

application; and

E. Conducting an investigation of the principals of the vendor’s business,

including facilitating a criminal history check, obtaining criminal 

history check results, obtaining a credit report, and interviewing the 

personal references listed.

Section 31. Gaming Vendor License Fees

The Quapaw Nation may charge a license fee, to be set by the Gaming
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Commission, to cover its expenses in investigating and licensing vendors of

the Gaming Enterprise with this ordinance.

Section 32. Gaming Vendor Background Investigation Reports

The investigator shall complete an investigative report covering each of the 

steps taken in the background investigation of the gaming vendor and its

principals and present it to the Gaming Commission.

Section 33. Gaming Vendors Licensed by Recognized Regulatory Authorities

The Gaming Commission may adopt regulations naming specific licensing 

authorities that it recognizes and may authorize exemptions to the vendor

licensing process for vendors who have received a license from one of the 

named regulatory authorities.

Section 34. Compliance with Federal Law

The Quapaw Nation shall comply with all applicable federal laws, including

the Bank Secrecy Act, 31 U.S.C. § 5311 et seq.

Section 35. Repeal and Replace

Upon the Effective Date of this ordinance, all prior Quapaw Nation Gaming 

Ordinances are hereby repealed.

Section 36. Effective Date

This ordinance shall take effect immediately upon its approval by the NIGC

Chair.