c. The minimum investigative report on each background
investigation shall set forth the following:

(1)

(2)
(3)
(4)

Steps taken in conducting the
investigation;

Results obtained;
Conclusions reached and

The basis for those conclusions.

background

18


Be Such notice of proceedings shall be accomplished by
regular mail to the last known address and by publicly posting
the same within gaming enterprise. Service by mail is not
necessary if the Gaming Commissioner has no address for the
person cr entity.

C. At the hearing, the Gaming Commissioner shall state the
Gaming Commissioner’s understanding of the facts and allow the
person or entity subject to the hearing the opportunity to be
heard and present evidence.

D. At the hearing the subject shall show cause that specific
facts alleged are inaccurate or that special conditions exist
which should mitigate suspension.

E. Following the hearing, the Gaming Commissioner shall
issue in writing an order regarding the subject within seven
(7) days, or the matter shall be deemed dismissed. IF a
suspension order is made, it shall state:

(1) The specific violation of law or regulation of the
subject, and

(2) The suspersion period imposed stating beginning
date and concluding date of suspension.

F. Notice of Order shall be accomplished in the same manner
as notice of proceedings.

1021. Suspended Persons

All persons or entities that are subject to a suspension order
shall be excluded from the gaming enterprise during such
suspension. The Gaming Commissioner shall have the authority to
direct gaming enterprise security to enforce the exclusion of any
person suspended ur:.2r terms of Section 1022.

1022. Informants

The Gaming Commissioner may refuse to reveal, at any court
Proceedings, the identity of any informant.

1023. Public Hearings

The Gaming Commissioner shall hold public hearings not less
than annually to allow public comment about operation of the gaming
enterprise. The manager of any gaming enterprise shall attend such
hearings and may be directed by the Gaming Commissioner to respond
to questions or explain operations at the Gaming Commissioner’s
discretion.

12


(1) To hire and fire employees; or

(2) To set up working policy for the gaming
operation; or

(c) The chief financial officer or other person
who has financial management responsibility.

B. Application Forms

1.

The following notice shall be placed on the

application form for a key employee or a primary
management official before that form is filled out by an
applicant:

2.

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 indice.ed in this notice will result
in a tribe’s 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.

Existing key employees and primary management

officials shall be notified in writing that they shall
either:

(a) Complete a new application form that contains
a Privacy Act notice; or


(3)

(4)

(5)

The Tribal Gaming Commissioner shall submit the
results of each background investigation to the
National Indian Gaming Commission as may be
required and update such information at any time
that changes occur in prior submissions so as to
maintain complete up to date background
investigations on all employees.

fhe Tribal Gaming Commission shall obtain or cause
to be obtained a current set of fingerprints on
each person for whom background investigations are
required, using forms supplied by the National
Indian Gaming Commission.

Should the Tribal Gaming Commissioner or the
Naticnal Indian Gaming Commission, in a final
nonappealable decision, find that any person has
prior activities, criminal record, if any, or
reputation, habits, and associations that pose a
threat to the public interest, or the tribal
interest, or to the effective regulation of gaming,
or create or enhance the dangers of unsuitable,
unfair, or illegal practices and methods and
activities in the conduct of gaming or the carrying
on of related business and financial arrangements,
then and in that event such person shall be
excluded from ail association with the Tribe’s
gaming operations.

B. The minimum investigative procedures of a contractor who
provide investigations shall include but not be limited to the

following:

(1)

Verify by written or oral communication the
information submitted by the employee or
prospective employee including br~- not limited to:

(a) Full name, other names used (oral or written),
birth date, place of birth, citizenship, gender,
all languages (spoken or written);

(b) Business and employment positions held,
ownership interests in 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
paragraph 1(b) of this section;

16


Indian Gaming Commission receives the additional
information.

3. If, within the thirty (30) day period described
above, the National Indian Gaming Commission provides the
Tribe with a statement itemizing objections to the
issuance of a license to a key employee or to a primary
management official for whom the Tribe has provided an
application and investigative report to the National
Indian Gaming Commission, the Tribe shall reconsider the
application, taking into account the objections itemized
by the National Indian Gaming Commission. The Tribe
shall make the final decision to issue a license to such
applicant.

He License Suspension

1. If, after the issuance of a gaming license, the
Tribe receives from the National Indian Gaming Commission
reliable information indicating that a key employee or a
primary management official is not eligible for
emplcyment under subsection D. above, the Tribe shall
suspend such license and shall notify in writing the
licensee of the suspension and the proposed revocation.

2. The Tribe shall notify the licensee of a time and a
place for a hearing on the proposed revocation of a
license.

3. After a revocation hearing, the Tribe shall decide
to revoke or to reinstate a gaming license. The Tribe
shall notify the National Indian Gaming Commission of its
decision.

I. License Locations

The Tribe shall issue a separate license to each place,
facility, or location on Indian lands where gaming is
conducted under this ordinance.

J. Repeal

All prior gaming ordinances of the Tribe are hereby
repealed.

1008. Gaming Commissioner

The office of Gaming Commissioner of the Tribe is hereby
created. Such officer shall take an oath similar to that of
elevted officials and be sworn to service.


(e)

(=)

(g)

(h)

(i)

(3)

(k)

(1)

(m)

(a)

A description of any existing and previous
business rela nships with Indian tribes,
including ownership interests in those
businesses;

A description of any existing and previous
Scsiness relationships with the gaming
industry generally, including ownership
interests in those businesses;

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;

For each felony for which there is an ongoing
prosecution or a conviction, the charge, the
mame and address of the court involved, and
the date and disposition if any;

For each misdemeanor conviction or ongoing
misdemeanor prosecution (excluding minor
traffic violations), within 10 years of the
date of the application, the name and address
of the court involved and the date and
disposition;

For each criminal charge (excluding minor
traffic charges), whether or not there is a
conviction, if such criminal charge is within
10 years of the date of the application and is
not otherwise listed pursuant to paragraph (1)
{h) or (1) (i) of this section, the criminal
charge, the name and address of the court
involved and the dste-and disposi+ ion;

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;

A current photograph with notarized affidavit
as to date taken and person depicted.

Any other information the Tribe deems
relevant; and

Fingerprints consistent with procedures
adopted by the Tribe according to 25 C.F.R.§
522.2 (h).


(b) Sign a statement that contains the Privacy Act
notice and consent to the routine uses described in
that notice.

3. The following notice shall be placed on the
application form for a key employee or a primary official
before that form is filled out by an applicant.

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.)

4. The Tribe shall notify in writing existing key
employees and primary management officials that they
shall either:

(a) Complete a new application form that contains
a notice regarding false statements; or

(b) Sign a statement that contains the notice
regarding false statements.

Background Investigations

1. |The Tribe shall request from each primary management
official and from each key employee all of the following
information:

(a) Full name, other names used (oral or written),
social security number(s), birth date, place
of birth, citizenship, gender, all languages
(spoken or written);

(b) Currently and for the previous 5 jears:
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 paragraph (1) (b) of this
section;

(d) Current business and residence telephone
numbers;


(2)

(3)

(d) Current busizess and residence telephone
numbers;

(e) A description of any existing and previous
business relationships with Indian tribes,
including ownership interests in those businesses;

(£) 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 iicense or permit related to
gaming,whether or not the license or permit was
granted;

{h) For each felony charge which has been
filed, the charge, the name and address of the
court involved, and the date and disposition if

any;

(i) For each misdemeanor charge (excluding minor
traffic violations) within 10 years of the date of
the application, the name and address of the court
involved and the date and disposition;

(j) 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;

(k) 32 current photograph with affidavit of date
taken; .

(i) Fingerprints consistent with procedures
adopted by the Tribe according to Tribal or Code of
Federal Regulation Law Enforcement.

Inquire into the applicant’s prior activities,
criminal record, if any, and reputation, habits and
associations; interview a sufficient number of
knowledgeable people such as former employers,
personal references, and others to whom referred in
order to provide a basis for the Tribe to make a
finding concerning the eligibility for employment
in a gaming operation.

Document the disposition of all potential problem
areas noted and disqualifying information obtained.

17


EY

(a) Steps taken in conducting a background
investigation;

(b) Results obtained;
(c) Conclusions reached; and
(d) The bases for those conclusions.

2. The Tribe shall submit, with the report, a copy of
the eligibility determination made under subsection D of
this section.

3. If a license is not issued to an applicant, the
Tribe:

(a) Shall notify the National Indian Gaming
Commission; and

(b) May forward copies of its eligibility

: determination and investigative report (if
any) to the National Indian Gaming Commission
for inclusion in the Indian Gaming Individuals
Records System.

4. With respect to key employees and primary management
officials, the Tribe shall retain applications for
employment and reports (if any) of background
investigations for inspection by the Chairman of the
National Indian Gaming Commission or his or her designee
for no less than three (3) years from the date of
termination of employment.

Granting a Gaming License

1. If, within a thirty (30)- day period after thz
National Indian Gaming Commission receives a report, the
National Indian Gaming Commission notifies the tribe that
it has no opjection to the issuance of a license pursuant
to a license application filed by a key employee or a
primary management official for whom the tribe has
provided an application and investigative report to the
National Indian Gaming Commission, the Tribe may issue a
license to such applicant.

2. The Tribe shall respond to a request for additional
information from the Chairman of the National Indian
Gaming Commission concerning a key employee or a primary
management official who is the subject of a report. Such
a request shall suspend the 30-day period under paragraph
G. 1. of this section until the Chairman of the National


NOV 19 {G93

"= COMMISSION

Terry L. Whitetree, Chief
Seneca-Cayuga Tribe of Oklahoma
R2301 E. Steve Owens Blvd.

Box 1283

Miami, Oklahoma 74355

Dear Chief Whitetree:

This letter responds to your request to review and approve the
tribal gaming ordinance submitted on July 20, 1993, and amended
on November 2, 1993, for the Seneca-Cayuga Tribe of Oklahoma
(Tribe). This letter constitutes such approval under the Indian
Gaming Regulatory Act (IGRA).

Under the IGRA and the regulations of the National Indian Gaming
Commission (NIGC), the Chairman is directed to review ordinances
with respect to the requirements of the IGRA and the implementing
regulations. Thus, the scope of the Chairman's review and
approval is limited to the requirements of the IGRA and the NIGC
regulations. Provisions other than those required under the IGRA
or the NIGC regulations that may be included in a tribal
ordinance are not subject to review and approval. Also, such
approval does not constitute approval of specific games.

It is important to note that the gaming ordinance is approved for
gaming only on Indian lands as defined in the IGRA.

With the Chairman's approval of the Community's gaming ordinance,
the Community is now’ required to conduct background
investigations on its key employees and primary management
officials. The NIGC expects to receive a completed application
for each key employee and primary management official pursuant to
25 C.F.R. § 556.5(a) and an investigative report on each
background investigation before issuing a license to a key
employee or primary management official pursuant to 25 C.F.R. §
556.5(b). '

Thank you for submitting the ordinance of the Seneca-Cayuga Tribe
of Oklahoma for review and approval. The NIGC staff. and I look

forward to working with you and the Tribe in implementing the
IGRA. :

Sincerely yours,

Anthony J. Hope

Anthony J. Hope
Chairman

cc: Jess Green, Esq.

1850 M STREET. NW. SUITE 250 WASHINGTON. OC. 20036 TEL: 202-632-7003 FAX: 202-632-7066



1014. Gaming Commissioner Salary

The Gaming Commissioner or Interim Gaming Commissioner shall
be paid a salary sét by the Business Committee, provided that the
salary shall not be decreased while the Gaming Commissioner remains
in office. Nothing herein prevents decrease of Interim Gaming
Commissioner salary or required that an Interim Gaming Commissioner
be paid any salary.

1015. Absence of a Gaming Commissioner

In the absence of a Gaming Commissioner or Interim Gaming
Commissioner, the Business Committee of the Tribe shall be
responsible to perform such duties either by delegation to one or
more of its members, cne or more Tribal employees, and/or one or
more tribal attorneys.

1016. Duties and Authority of Gaming Commissioner

The Gaming Commissioner shall be responsible to determine that
provisions of the Gaming Code are followed and may exercise any
proper power ard authority necessary to perform the duties
assigned. Such Commissioner shall be responsible to make
regulations which shall include but not be limited to:

A. Design forms for background checks; and employee
applications;

B. Design and describe procedures for conducting background
checks; .

c. Design and describe procedures to issue tribal licenses
to primary management officials and key employees,

D. Design and describe procedures for resolving disputes
between the gaming public and the Tribe or the ‘aming
enterprise management.

E. Designate an agent for service of legal notices.

F. Designate a law enforcement agency that will take
fingerprints.

G. Design and describe procedures for conducting criminal
and credit historys and checks.

a. Design and describe procedures to prevent theft and
insure the integrity of the gaming enterprise.

I. Design and describe procedures for collection of license
fees, taxes, other fees and levys as the same relates to the
gaming enterprise.

10


1009. Gaming Commissioner Term

The Gaming Commissioner of the Tribe shall serve a term of
four years from the date of oath of office.

1010. Selection of Gaming Commissioner

At any time when a vacancy occurs in the office of Gaming
issioner, the office shall be filled by nomination by the
al Chief and confirmation by the Business Committee. The Chief
or the Tribe shall put the appointment upon the agenda of any
regular or specially called Business Committee meeting and, at such
meeting, nominate his selection. Thereafter, the Business
Committee shall have thirty (30) days to confirm the appointment.
Should the Business Committee fail to confirm the nomination by the
Chief of the Tribe within the proscribed time period, the Chief of
the Tribe shall make another nomination. This process shall
continue until a nomination of the Chief of the Tribe is confirmed.
Nothing herein shall require that a Gaming Commissioner be
appointed.

1011. Interim Gaming Commissioner

An Interim Gaming Commissioner may be selected in the same
manner as the Gaming Commissioner anytime a vacancy in the office
exists. No person shall serve as Interim Gaming Commissioner more
than 60 days after the qualifications of office are met. Shcald it
be determined that’ the Interim Gaming Commissioner does not meet
the qualifications of such office, upon such determination, the
term of office shall expire. .

1012. Gaming Commissioner Removal

A Gaming Commissioner may be removed from office at anytime
upon a vote of no confidence by five (5) Business Committee members
in a regular or special Busines: Committee meeting.

1013. Gaming Commissioner Qualifications

Prior to any nomination of a Gaming Commissioner for the Tribe
by the Chief, such person shall have passed a background
investigation, examination and check of the same nature as a key
employee of a gaming enterprise pursuant to Section 1007. Nothing
in this section shall prohibit a person from serving as Interim
Gaming Commissioner pending the outcome of key employee review. A
perscn may serve as Interim Gaming Commissioner only until
background review is completed. Thereafter, such person shall be
roninated for Gaming Commissioner within 30 days or his appointment
shall terminate. Should an Interim Gaming Commissioner fail to
ass the background review, he shall be deemed immediately
terminated.



E.

2. The. Tribe shall conduct an investigation sufficient
to make a determination under subsection D. below. In
conducting a background investigation, the Tribe or its
agent shall promise to keep confidential the identity of
each person interviewed in the course of the
investigation.

Eligibility Determination

The Tribe shall review a person’s 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 Tribe
determines that employment of the person poses a threat
to the public interest or to the effective regulation of
gaming, or creates or enhances dangers of unsuitable,
unfair, or illegal practices and methods and activities
in the conduct of gaming, a Tribal gaming operation shall
not employ that person in a key employee or primary
management official position.

Procedures for Forwarding Applications and Reports for

Key Employees and Primary Management Officials to the National

Indian Gaming Commission

F.

1. When a key employee or primary management official
begins work at a gaming operation authorized by this
ordinance, the Tribe shall forward to the National Indian
Gaming Commission a completed application for employment
and conduct the background investigation and make the
determination referred to in subsection D of this

section.

2. The Tribe shall forward the report referred to in
subsection F of thi: section to the National Indian
Gaming Coxmission within 60 days after an employee begins
work or within 60 days of the approval of this ordinance
by the Chairman of the National Indian Gaming Commission.

3. The gaming operation shall not employ as a key
employee or primary management official a person who does
not have a license after 90 days.

Report to the National Indian Gaming Commission

1. Pursuant to the procedures set out in subsection E
of this section, the Tribe shall prepare and forward to
the National Indian Gaming Commission an investigative
report on each background investigation. An
investigative report shall include all of the following:


1006. Protection of the Environment and Public Health and

Safety

All gaming facilities shall be constructed, maintained and
operated in a manner that adequately protects the environment and
the public health and safety.

1007. Licenses for Key Employees and Primary Management

Officials

The Tribe shall ensure that the policies and procedures set
out in this Section are implemented with respect to key employees
and primary management officials employed at any gaming enterprise

operated on Indian lands:

A. Definitions

For the purposes of this section, the following definitions

apply:

1. Key employee means

(a) A person who performs one or more of the
following functions:

(1)

Bingo caller;

Counting room supervisor

Chief of security;

Custodian of gaming supplies or cash;
Floor manager;

Pit boss;

Dealer;

Croupier;

Approver of credit; or

Custodian of gambling devices including
persons with access to cash and
accounting records within such devices;

(b) If not otherwise included, any other person
whose total cash compensation is in excess of
$50,000 per year; or

(c) If not otherwise included, the four most
highly compensated persons in the gaming
operation.

2. Primary management official means

(a) The person having management responsibility
for a management contract;

(b) Any person who has authority:

2


1024. Depositions

The Gaming Commissioner shall have authority upon three (3)
days written notice to depose any licensee, employee or gaming
participant.

1025. Submission of Documents

Any document, affidavit, return or report fee, instrument or
2) required to be filed, delivered or served upon the Gaming

ssioner or Tribe shall be deemed to be properly filed
delivered or served if it is filed delivered or served as the case
may be upon the Gaming Commissioner or the Tribal Administrator at
the Tribal Complex or as the Gaming Commissioner may otherwise
direct by regulation.

1026. Deputy Gaming Commissioners

The Gaming Commissioner may authorize in the same fashion as
a law enforcement officer the issuance of positions of Deputy
Commissioner on a temporary, part time and/or full time basis. Any
person who is employed full time as a Deputy Gaming Commissioner
shail be required to meet the same qualifications as the Gaming
Commissioner in accord with Section 1007.

1027. Salary of Deputy Commissioners

The salary of a Deputy Gaming Commissioners if any shall be
subject to the budgeting process of the Tribe and shall be
estabiished by the Business Committee.

1028. Gross Revenues Tax

A tax of four percent (4%) is assessed by the Tribe on the
gross revenues of any enterprise that involves the active conduct
of gaming wit:.in Tribal jurisdiction. Such tax includes but is not
limited to associated sales of souvenirs and concessions. ‘The
manager of any gaming enterprise shall be responsible to assure
payment is remitted daily to the Tribe from gross revenues of the
enterprise for whic: such manager is responsible.

1029. Head Tax

A_tax of one dollar ($1) per player attending each regular or
special session. is hereby assessed against each player. The
manager of any gaming enterprise shall be responsible to collect
and remit daily to the tribe amounts assessed as head tax of the
enterprise which such manager is responsible.


Cc. Notice of Hearing

The Gaming Commissioner shall give notice of such hearing
together with a copy of the grievance to the manager and
management of the gaming enterprise involved in the grievance
and give notice of the hearing to the person filing the
grievance by regular mail posted not less than ten days in
advance of the hearing.

D. Hearing

At hearing on any grievance, the person filing the same,
manager and management shall be entitled to legal counsel.
The person filing the grievance must be present for hearing of
the same and shall be responsible to present a prima facie
case for relief before response by the manager is required.
The Gaming Commissioner shall be free to question any person
present, continue the hearing from time to time and conduct
independent investigation of facts. Upon conclusion of
hearing the Gaming Commissioner shall have forty five (45)
days to render a written opinion. In the absence of a written
opinion by the Gaming Commissioner within the time specified,
the matter shall be deemed dismissed.

1022

. Alternative to Hearing Grievance

The Gaming Commissioner shall at any time prior to decision of
any grievance have the authority to suspend proceedings and
direct arbitration or mediation of the grievance under such
terms as the Gaming Commissioner may direct.

1034. Procedures for Background Investigation

A. Selection of contractor to conduct background
investigations.

(1)

(2)

The Tribal Gaming Corsissioner shall select an
outside contractor to conduct background
investigations on any person employed in gaming.
Such outside contractor shall be licensed as a
Private Investigations company and shall possess
the reliability, means and experience necessary to
Meet the needs of the Tribe.

The investigative work performed shall be submitted
in a standard report formal in duplicate to the
Tribal Gaming Commissioner for his review and
examination. The Manager of any Gaming Hall owned
by the Tribe shall have access to such reports will
examine and approve the reports. The cost of such
reports shall be attributable to the Gaming Hall
from which the application originated.

15


SENECA-CAYUGA GAMING CODE

1001. Purpose ~

The Seneca-Cayuga Tribe of Oklahoma (hereinafter “Tribe")
hereby enacts this ordinance in order to set the terms for gaming
operations on tribal lands.

1062. Gaming Authorized

Class II gaming as defined in the Indian Gaming Regulatory
Act, P.L. 100-447, 25 U.S.C. § 2703(7)(A) ("IGRA") and by the
regulations promulgated by the National Indian Gaming Commission at
25 C.F.R. § 502.3 (as published in the Federal Register at 57 FR
12382-12393, April 9, 1992) is hereby authorized. Class III gaming
as deZined in the Indian Gaming Regulatory Act, P.L. 100-447, 25
U.S.C. §2703(8), and by regulations promulgated by the National
Indian Gaming Commission, is authorized only to the extent allowed
by such law and pursuant to an approved Tribal State Compact.

1003. Qwnership of Gaming

The Tribe shall have the sole propriety interest in and
resDonsibility for the conduct of any gaming operation authorized
by this ordinance.

1004. Use of Gaming Revenue

A. Net revenues from gaming shall be used only for the
following purposes: to fund tribal government operations and
programs; provide for the general welfare of the Tribe and its
members; promote tribal economic development; donate to
charitable organizations; or help fund operations of local
government agencies.

B. No per capite payments to tribal members shall be me2
from Gaming Revenue.

1005. Audit

A. The Tribe shall cause to be conducted annually an
independent audit of gaming operations and shall submit the
resulting audit reports to the National Indian Gaming
Cezmission.

B. All gaming related contracts that result in the purchase
of supplies, services, or concessions in excess of $25,000.00
annually, except contracts for professional legal and
accounting services, shall be specifically included within the
scope of the audit that is described in subsection A above of
this section.


eT
'

APPROVED

R2301 E. Steve Owens Bivd.
Box 1283
Miami, Oklahoma 74355
(918) 542-6609
Resolution # 16-072093

"Approval of New Gaming Ordinance”

WHEREAS: The Seneca-Cayuga Tribe of Oklahoma is a Federally recognized Indian Tribe
organized under the Oklahoma Indian Welfare Act of 1936 with a Constitution
and By-Laws approved by the Secretary of Interior, April 26, 1937, and

WHEREAS: the Business Committee of the Seneca-Cayuga Tribe of Oklahoma is empowered
to act in behalf of the Tribe under Article VI of the Constitution and
By-Laws, and

WHEREAS: it is the policy of the Seneca-Cayuga Tribe of Oklahoma to exercise its
powers of self-government through economic development which vitally affects
the general economy of the Tribe and the public interest and the public
welfare, and

WHEREAS: the Seneca-Cayuga Business Committee considers the tribal gaming enterprise
as being of utmost importance in bringing in much needed revenue for the
Purposes of funding tribal government operations and tribal programs, to
Provide for the health, safety and welfare of the Seneca-Cayuga Tribe of
Oklahoma and its members, to promote tribal economic development, and to
provide immediate employment to Tribal members to help alleviate the twenty
nine percent (29%) Tribe unemployment rate within the Tribal service area,
NOW

THEREFORE, BE IT RESOLVED, that the Seneca-Cayuga Tribal Business Committee approves
the attached Gaming Ordinance, NOW

THEREFORE, BE IT FURTHER RESOLVED, that the Seneca-Cayuga Tribal Business Committee
delegates tribal attorney, Jess Green, to act under Section 1015 of such
Gaming Ordinance to issue Regulations for the Business Committee until an
Interim Gaming Commissioner is selected by the Tribe, NOW

THEREFORE, BE IT FURTHER RESOLVED, that all prior Gaming Ordinances and/or Regulations
are repealed.

CERTIFICATION

The aforementioned resolution was adopted in a special called meeting by the
Seneca-Cayuga Bs Business Committee on the JM day o: , 1993, with a vote

of fF for,

against, and (4 abstaining.

itetree, Chief

9319-03



J. Supervise collection of all gaming enterprise receipts
and the payment of caming enterprise obligation.

1027. Regulations

Any regulations promulgated by the Gaming Commissioner shall
have full force and effect from the date of issuance, provided
however, the Business Committee may by affirmative action repeal,
amend and/or enact such regulations. Any regulation enacted by the
Business Committee’ shall not be subject to amendment by the Gaming
Commissioner. Nonetheless, the Commissioner may withdraw, replace
or amend any regulation that he has made or any regulations which
have been amended by the Business Committee.

1018. Notice of Proposed Reaqulations

A. In adopting, amending or repealing any regulations under
this code, the Gaming Commissioner shall give a minimum of
five (5) days notice of proposed regulations changes to all
key employees, primary management officials, and the members
of the Business Committee.

B. No notice is required for regulation changes made by the
Business Committee.

c. Notice shall be deemed made by regular posting to the
address of all persons describe herein, by hand delivery from
the Gaming Commissioner or his designate, or by telephone
confirmed facsimile.

1019. Notice of Regulations

A. A copy of all adopted regulations shall be maintained at
the Tribal Office and Gaming Enterprise.

B. Copies will be availak’.2 to the public for copy costs of
twenty five cents ($.25) per page at either location.

1020. Suspension of license or Right to Participate in Gaming

The Gaming Commissioner shall have the right to suspend any
licensee, employee, or participant in Gaming for violation of any
Tribal Regulations Tribal Compact, Tribal Ordinance, Federal
Regulations or Federal Law. Such suspension shall be for a period
of not more than ninety (90) days for licensees and not more than
two (2) years for participants in Gaming. Prior to any such
suspension the person reviewed shall:

A. Be given notice of specific facts concerning the
violation alleged. Such allegation shall describe in writing
the offense and give ten (10) days prior to any hearing.

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1030. Food and Beverage Tax

A tax of fifty cents ($.50) per player is assessed against
each player as food and beverage tax. The manager of any gaming
enterprise shall be responsible to collect and remit daily to the
Tribe amounts assessed as Food and Beverage Tax against players of
the enterprise for which such manager is responsible.

1031. Machine Tax

A tax of One hundred fifty dollars ($150) per year is assessed
against machine aids to Gaming provided, however, the tax shall not
apply to aids which are dispensed under the trade names of Fortunet
or Bingo Card Minder or any paper pull tab dispensers. The manager
of any gaming enterprise shall be responsible to collect and remit
daily to the Tribe amounts assessed and collected as Machine Tax
for machines used within the enterprise for which such manager is
responsible.

1032. Disputes with Management

Any gaming enterprise participant or supplier may file a
grievance against management with the Gaming Commissioner. The
Gaming Commissioner shall establish a time for hearing, give notice
to all parties, hold hearing(s) and rule upon the grievance. The
ruling of the Gaming Commissioner may be appealed to the Tribal
Court if any shall exist or to the Code of Federal Regulations
Court of Indian Offenses for the Seneca Cayuga Tribe. This section
shall in no way be construed as a waiver of the Tribes sovereign
immunity. .

A. Nature of Grievance

Any participant who has been denied benefits of gaming by
Manager or management, who is injured on the premises due to
the fault of manager or .anagement, or has any other claim for
relief against manager or management or any supplier who may
have a claim for relief may have his grievance against
management heard by filing the same with the Gaming
Commissioner in writing. If no Gaming Commissioner or Interim
Gaming Commissioner exists, the same shall be filed with the
Tribal Administrator. The grievance shall describe the date,
time and event which gives rise to the grievance and be signed
and verified by the aggrieved person and signed by any legal
counsel he may have.

B. Time for Hearing

The Gaming Commissioner shall set a date for hearing the
grievance within ninety (90) days of the filing of the same.

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