,,sCp~ 9 9065 : 

VIA FACSIMILE & REGULAR MAIL 

Billy Evans Horse 

Chairman 

Kiowa Tribe of Oklahoma 

P.O. Box 369 

Carnegie, Oklahoma 7301 5 

Fax: (580) 654-21 88 

Re: Amended and Restated Gaming Ordinance of the Kiowa Tribe of 

Oklahoma 

Dear Chairman Evans Horse: 

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

(NIGC) to review and approve the gaming ordinance of the Kiowa Tribe of Oklahoma 

(Tribe). The original version of the ordinance was received by the NIGC on June 14, 

2005. On or about September 1, we informed your legal counsel of certain deficiencies 

in the original ordinance. Consequently, the Kiowa Tribe's Business Committee revised 

the ordinance to correct these issues and adopted a new ordinance by Resolution No. CY2005-176 on September 3,2005. 

This letter constitutes approval under the Indian Gaming Regulatory Act (IGRA), 

25 U.S.C. 5 2701 et seq., of the enclosed Amended and Restated Gaming Ordinance. 

Approval does not constitute approval of specific games. In addition, the ordinance is 

approved for gaming only on Indian lands, as defined in the IGRA, over which the Tribe 

possesses jurisdiction and exercises governmental power. 

/'--I 

Thank you for submitting the ordinance for review d approv . The C staff 

and I look forward to working with you and the Tribe t mplement t e IG 

have questions or require hrther assistance, please co tact JoSenior Attorney, at 202-632-7003. (y/hfl!tc 1) I#/ 

-- --- - --- - - - - - - 

Chairman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 www.NlcC.GOv 

REGIONAL OFFICES Portland, OR; Sacramento. CA; Phoenix, AZ; St. Paul, MN;Tulsa, OK 
Kiowa Tribe of Oklahoma 

P.O. Box 369 Carnegie, Oklahoma 73015 

Phone: (580) 654-2300 Fax= (580) 654-21 88 

Kiowa Business Office 

RESOLUTION NO. CY-2005-176 

RESOLUTION OF THE KIOWA BUSIIWSS COMMITTEE APPROVING 

AND ADOPTING THE KIOWA INDIAN TRIBE OF OKLAHOMA 

AMENDED AND RESTATED GAMING ORDINANCE 

WJiEREAS, the Kiowa Indian Tribe of Oklahoma (the "Tad') is a - 

sovereign nation and hm time immemorial has been a 

sovereign nation; 

WHEREAS, the Tni is federally recognized by the Serretary of Interior of 

the United States as having powers of self government and as 

being eligible fbr the special programs and sewices provided by 

the United States to Indians, and its sovereignty is thereby 

recognized by the United States, dl as evidenced by order of the 

Associate Commissioner of Indian Affairs, dated kch 13, 

1970, approving the constitution and bylaws of the Tribe (the 

"CanSnnsnkrtion'~; 

WBEREXs, pursuant to that Constitution, specifically Article V, section 2, 

the Tribe has delegated to their elected representatives, the 

Business Committee (the "Bnsiness Cb-ttee"), the 

responsibility and authority to take all necessary action to 

promulgate and enforce ordinances and codes to protect the 

general we&e of the Tribe and its members; 

WHEREAS, pursuant to Ballot Issue 94-A-5, the Gaming Ordiaance (as 

defined below) was ratified by a vote of the Council on he 18, 

1994; 

WHEREAS, by ResoMons No. CY-95-39 and CY-95-40, both dated June 

26, 1995, the Business Commi#ee, acting pursuant to the 

afbresaid power, enacted a resolution to approve and adopt the 

Kiowa Indian Tribe of Oklahoma Gaming Ordinance of 1995 

and the Kiowa Indian Tribe of Oklahoma Gaming Facility 

- - _---- -_ --Bonding _Ordinance-of_ 1995- (togetherFs- _amended,--tfietfie- 

"Eristing Gaming Ordinand'); 
WHEREAS, as is required under federal law, the Existing Gaming Ordinance 

was approved by the Chairman of the National Indian Gaming 

Commission (the "MGC), as indicated by that Cban's 

publication of a notice of approval of Class III m%d gaming 

ordinances, in Vohe 61, Federal Register, page 31963, on 

Friday, June 21,1996; 

WHEREAS, on July 12,2001, by Resolution No. CY-2001-045, the Business 

Committee exercised its authority, as delegated to it by the 

Council in the Constitution, to amend, in accordance with 

Article XIX of the Existing Gaming Ordinance, in certain 

particulars the Existing Gaming Ordinance; 

WHEREAS, by letter dated September 7, 2001, the NlGC granted its 

approval of the amendment to the Jbisting Gaming Ordinance; 

WHEREAS, on July 8, 1999, the Tribe was served by the Chairman of the 

NIGC, with notice of violation and closure order 6-99, in which 

the NIGC Chaman alleged that the Tribal gaming operation 

was in violation of law for operating Class 111 games without a 

compact with the State of Oklahoma; 

'WBEREAS, on January 19, 2000, the Tribe was served by the Chairman of 

the NIGC, with notice of violation 00-03, in which the MGC 

Chairman alleged fhrther violations of law in comection with 

the Tribal gaming operation; 

WHEREAS, on June 16, 2000, the Tribe was served by the Chairman of the 

NIGC, with notice of violation md closure order 00-08, by 

which the NIGC Chairman fiuther alleged additional violations 

of law in connection with the Tribal gaming operation; 

'WHEREAS, on August 8,2000, the Tribe was sewed by the Chairman of the 

NIGC with notice of civiI fine assessment CFA-00-08, by which 

the NXGC Chairman assessed a civil fine against the Tribe in the 

amount of $1 00,000.00; 

WEEIUhU, for the Tribe to be able to commenoe gaming and pursue 

development of the Project, it must resolve its existing disputes 

with the MGC and obtain a lifting of the NiGC closure orders; 

WHEREAS, on February 15, 2005, by Resolution No. CY-2005-160, the 

Business Committee exercised its authority to adopt an amended - - - .- - ---- - -- - ---- 

gaming: ordinanceando&- and instructed the Cbairman to 

submit the amended gaming ordinance to the NIGC, pursuant to 

lGRA and the NIGC regulations, fbr approval; 
WHEREAS, the NlGC has provided the Business Committee with comments 

to the proposed gaming ordinance, which have been 

incorporated into the Kiowa Indian Tribe of Oklahoma 

Amended and Restated Gaming Mince, in the fbrm attached 

as Exhibit A (the "Restated Gaming Ordinaitce''); 

WBEREAS, to commence gaming that is the most profitable and beneficial 

for the Kiowa people, the Business Committee has determined 

that it is in the best intexest of the Tribe to adopt the Restated 

Gaming Ordinance; and 

WHERIEAS, the Kiowa Gaming Commission has reviewed and recommends 

approval of the Restated Gaming Ordinance in order to more 

fully empower the Kiowa Gaming Commission in the 

regulation, oversight and supervision of gaming operations of 

the Tribe consistent with IGRA., the regulations of the NIGC and 

the declared policy of gaming of the Tribe set forth in the 

Restated Gaming Ordinance. 

NOW, TEEREFORE IT BE AM) IT HEREBY IS 

RESOLVED, that the Business Committee hereby approves and adopts the 

Restated Gaming Ordinance and authorizes and instructs the 

Chairman, (or in his absence, the Vice-Chairman) and their 

designees to take all necessary action to submit the Restated 

Gaming Ordinance to the NIGC, pursuant to IGRA and the 

NLGC regulations, for approval, 

RESOLVED, that the Business Committee hereby authorizes, instructs and 

directs the Chaimran, Vice-chairman and Secretary of the Tribe 

and their designees to do and perform such deeds and acts, and 

execute such Wer agreements or documents, as may to such 

persons, on behalf of the Tribe, be deemed neassq or 

convenient to carry out and perform the purposes and intentions 

of these resolutions and obtain approval of the Restated Gaming 

Ordinance by the Secretary of the Interior and enactment of the 

Restated Gaming Ordice and grants any additional approvals 

and consents necessary to accomplish these actions; and 
RESOLVED, thaf effective as of the effective date of the Restated Gaming 

Ordinance, the Existing Gaming Ordinance, as amended prior to 

the date hereog and, to the extent that any ok ordinance, 

regulation, policy or practice of the Tni is inconsistent with 

this resolution or the Restated Gaming Ordinance hereby 

enacted, such ordinance, regulation, policy and practice is 

. hereby superseded and repealed. 

The foregoing Resohtion No. CY-2005-176 was duly adopted at the Special 

Meeting of the Kiowa Business Committee Meeting held on September 3, 

2005, at the Kiowa Tribal Complex, Carnegie, Oklahoma with a vote of (qfor, 

(1) against, (0) abstentions, with a quorum Wing present. 

d< ,- 

Marge Penge, Secretary Billy ~&'~orse, Chm 
TABLE OF CONTENTS 

Kiowa Indian Tribe of Oklahoma 

Amended and Restated Gaming Ordinance 

Article 1 . Declaration of Policy .................................................................................................. 1 

Article 2 . Purpose .................................................................................................................. 2 

Article 3 . Scope ........................................................................................................................... 2 

Article 4 . Definitions ................................................................................................................... 3 

Article 5 . Gaming Authorized ................................................................................................... 5 

Article 6 . Ownership of Gaming ................................................................................................. 5 

Article 7 . Use of Gaming Revenue ............................................................................................. 5 . . Article 8 . Tribal Gaming Comrnlssion ........................................................................................ 5 

Article 9 . Ethics .................................................................................................................. 19 

Article 10 . Complimentary Items ...................... .. ........................................................... 20 

Article 1 1 . Environment and Public Health and Safety ....................................................... 2 1 

Article 12 . Dispute Resolution ................................................................................................ 21 

Article 13 . Licenses for Key Employees and Primary Management Officials ........................ 21 

Article 14 . Requirements for Corporations, Limited Liability Companies, Partnerships, 

Limited Partnerships, and General Partners and Limited Parters .......................... 28 

Article 15 . Additional Information Required of a Management Contractor ........................... 30 

Article 16 . Gaming Facility License ........................................................................................ 30 

Article 17 . Prohibited Acts ................................................................................................. 31 

Article 18 . Criminal Acts ....................................................................................................... 33 

Article 19 . Civil Enforcement ................................................................................................ 34 

Article 20 . Hearings and Appeals .......................................................................................... 3 5 

Article 21 . Age Prohibition ..................................................................................................... 36 

Article 22 . Indian and Kiowa Preference ................................................................................ 36 

Article 23 . Security and Surveillance ..................................................................................... 37 

Article 24 . Unclaimed Winnings ....................................................................................... 37 

Article 25 . Minimum Internal Control Standards .............................................................. 37 

Article 26 . License Locations .................................................................................................. 37 

Article 27 . Agent for Service of Process ................................................................................. 37 

Article 28 . Consent to Jurisdiction ....................................................................................... 38 

Article 29 . Severability ........................................................................................................... 38 

Article 30 . Immunity ............................................................................................................. 39 

Article 31 . Effective Date .................................................................................................... 39 

Article 32 . Amendments ...................................................................................................... 39 

Article 33 . Repeal ........................ . ............ ....... 39 

Article 1 . Declaration of Policy 

.. - -- 

It is the dec~~ policy oftlie KiiWa Iiidan 'I'nbe of OklahomXat: 

(a) All Class I1 and Class III gaming conducted on Kiowa Indian lands shall be 

regulated by the Tribal Gaming Commission to protect the public health. welfare 
and morals of residents, employees, patrons and the Tribe fiom the adverse effects 

which may derive from unregulated or unlawful gaming; 

(b) All gaming activities authorized under this Ordinance shall comply with the 

Indian Gaming Regulatory Act, 25 U.S.C. 4 2701 et seq., and the regulations 

promulgated by the National Indian Gaming Commission; 

(c) No person shall conduct any Class I1 Gaming or any Class III Gaming within 

Kiowa Indian lands, except as licensed pursuant to this Ordinance; 

(d) The Business Committee Mer finds that effective regulatory oversight of 

gaming and ancillary and accessory uses of Gaming Facilities requires a 

functional separation between the operation of Tribal Gaming and the regulation 

of Triial Gaming; 

(e) The Business Committee further finds that the creation of a permanent and stable 

source of funding for the regulation of gaming will ensure the independence and 

integrity of a Tribal Gaming Commission and also finds that the independence 

and integrity of the Tribal Gaming Commission can be seriously threatened if the 

Triid leadership is able to withhold funding or provides insufficient funding for 

the Tribal Gaming Commission to carry out its regulato~y responsibilities; and 

(f) The Business Committee further finds that the length of term in office and 

assurance of an opportunity to perform the required duties are important to the 

independence of tribal gaming regulatory authorities in general and the Tribal 

Gaming Commission in particular and the term of office for Tribal Gaming 

Commission members should be a fixed term and long enough to ensure stability, 

and continuity which can be fostered by staggering the terns of Tribal Gaming 

Commission members, thus avoiding wholesale changes in membership. 

Article 2. Pumose 

The Business Committee of the Kiowa Indian Tribe of Oklahoma (hereinafter "Tribe"), 

empowered by the Constitution of the Kiowa Indian Tribe of Oklahoma to enact laws and 

regulations, hereby enacts this ordinance to govern Class II and Class III Gaming Operations on 

the Kiowa Tribe of Oklahoma's "Indian lands," as defined in the Indian Gaming Regulatory Act 

of 1988 (hereinafter "IGRA") at 25 U.S.C 5 2703(4). 

Article 3. Scope 

This Ordinance shaIl apply to all Class II and Class III gaming conducted on Kiowa 

- 

Indian lands. -- - - - - - . . - - -- - --- -- - - 

68 1610.0002 EAST 7462892 vl 2 
Article 4. Definitions 

Terms used in this Ordinance shall have the following dehitions: 

(a) Act or IGRA shall mean the Indian Garning'Regulatory Act of 1988,25 U.S.C. 

2701-2721. 

(b) Business Committee shall mean the Kiowa Business Committee as described in 

the Constitution of the Kiowa Indian Tribe of Oklahoma. 

(c) Class I gaming shall mean social games solely for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a part of, or in connection with, 

tribal ceremonies or celebrations. 

(d) Class 11 gaming shall have the meaning found at 25 U.S.C. 2703(7). 

(e) Class III gaming shall mean all forms of gaming that are not Class I gaming or 

Class I1 gaming. 

(f) Gaming Facility means a building or buildings and accessory &provements used 

in the operation of Class I1 or Class I11 gaming, as applicable, including all land upon which the 

building or buildings are situated that is appropriated for the use of the Gaming Facility, together 

with all parts of the Gaming Site, all related appurtenances and fixtures. 

(g) Gaming Operation shall have the meaning set forth in 25 C.F.R. 5 502.10. 

(h) Gaming Site or Site means the tract or tracts of land upon which a Gaming 

Facility is located. 

(i) Gaming Commission or Commission shall mean the Kiowa Tribal Gaming 

Commission established under Article 8 hereof to perform regulatory oversight and to monitor 

compli&ce with Tribal, Federal, and applicable State regulations. 

63 Indian tribe or Tribe shall mean the Kiowa Indian Tribe of Oklahoma which- 

(1) is recognized as eligible by the Secretary for thk special programs and services 

provided by the United States to Indians because of their status as Indians, and 

(2) is recognized as possessing powers of self-government. 

(k) Key Employee shall have the meaning set forth in 25 C.F.R. 5 502.14. 

(1) Kiowa Casino Operations Authority shall mean that certain unincorporated 

-colluuercial enterprise af tke'frimmm rtevelap, constru~~~se, 

operate, manage, maintain, promote and finance all gaming, resort and hospitality businesses of 

the Tribe on Kiowa Indian lands, and engaging in any other lahl activity in Merance 

thereof. 

68 16 10.0002 EAST 7462892 vl 3 
(m) Kiowa Indian lands shall have the meaning found in 25 U.S.C. 2703(4). 

(n) Management Contract shall have the meaning set forth in 25 C.F.R. 502.15. 

(0) Management Contractor means the Person (other than the Tribe) holding a 

Management Contract entered into pursuant to 25 U.S.C. $2710(d)(9) or 5 271 1 and approved 

by the National Indian Gaming Commission pursuant to Part 533 (Approval of Management 

Contracts), Title 25, Code of Federal Regulations. 

(p) M.I.C.S. means the minimum internal control standards for Indian gaming 

facilities required under 25 C.F.R. Part 542. 

(q) Net revenues shall have the meaning set forth in 25 C.F.R. 5 502.16. 

(r) NIGC shall mean the National 1ndian.Gaming Commission established pursuant 

to 25 U.S.C. 8 2704. 

(s) Patron means a person participating in a game with the hope of winning money 

or other benefit, and any other natural person while on a Gaming Site and having the intent to 

purchase any goods or services for sale to the general public therein. 

(t) Primary Management Official shall have the meaning set forth 25 C.F.R. tj 

502.19 and shall include members of the Board of Trustees of the KCOA. 

(u) Relative shall mean means spouse, child, parent, grandparent, grandchild, sibling, 

adoptive or stepparents, adoptive children and siblings, or any persons living in the same 

household. 

(v) State means the State of Oklahoma and any of its agencies or instrumentalities. 

(w) Tribal Business Committee means the Kiowa Business Committee as described 

in the Constitution of the Kiowa Indian Tni of Oklahoma. 

(x) Tribal Court means a court duly constituted under the Constitution of the Kiowa 

Indian Tribe of Oklahoma, ar so long as there be no such court, the Court of Indian Offenses 

sitting in Anadarko, Oklahoma, together with all tribunals provided for the appeal of the 

decisions of such court under federal law. 

Q Tribal Gaming Chairman means the Chairman of the Kiowa Tnial Gaming 

com&ission. 

(2) Tribal-State Compact shall mean an agreement between the Kiowa Indian Tnie - . -.. d€Mahoma adthe State-ofOklahoma wider 2-5 US.- rela-.6l&gkw--.-.-.-----, 
Article 5. gamin^ Authorized 

(a) Class 11 gaming as defined in IGRA, 25 U.S.C. $2703(7) and by the regulations 

promulgated by the NlGC at 25 C.F.R. $502.3 is hereby authorized in accordance with the 

provisions of this Ordinance. 

(b) Class 111 gaming as defined in IGRA, 25 U.S.C. $2703(8) and by the regulations 

promulgated by the MGC at 25 C.F.R. $502.4 is hereby authorized in accordance with the 

provisions of this Ordinance and pursuant to the tenns of a Tribal-State Compact or such 

procedures as prescribed by the Secretary of the Interior pursuant to the Act. 

Article 6. Ownership of Gaming 

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

any gaming facility authorized by this Ordinance. 

Article 7. Use of Gaming Revenue 

Net revenues derived from any Gaming Operation authorized under Article 5 of this 

Ordinance shall be used only for the following purposes: 

(a) to fund tribal government operations or programs; 

(b) to provide for the general welfare of the Tribe and its members; 

(c) to promote tribal economic development; 

(d) to donate to charitable organizations; or 

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

Article 8. Tribal Gaming Commission 

(a) Establishment of Gaming Commission. There is hereby established a Tnial 

Gaming Commission which shall be called the Kiowa Tribal Gaming Commission and whose 

duty it is to regulate all gaming activities authorized under this Ordinance. The Gaming 

Commission shall be a department, body corporate and politic of the Trii, and shall as a 

department of the Tni, enjoy and exercise the Tribe's sovereign powers and immunities, 

subject to any restrictions set out in the Tribal Constitution and in this Ordinance. 

(1) Purpose. The purpose of the Gaming Commission is regulatory, not managerial. 

The Commission will conduct oversight to ensure compliance with Federal, - -- - --Tribal, &if appk--able&tak- laws-- . - P 

as the licensing authority for Primary Management Officials, Key Employees and 

other persons employed in gaming facilities of the Tribe, for vendors and 

suppliers of gaming equipment and services and will administer an effective 

68 1610.0002 EAST 7462892 vl 5 
program for background investigations as part of the licensing process. The 

Commission will aIso have a role in monitoring compliance with the internal 

control standards for the gaming facility and in tracking revenues. In order to 

carry out its regulatory duties, the Commission shall have unrestricted access to 

all areas of the gaming facility and to all records. The Commission shall have 

clear authority to take enforcement actions, including suspension or revocation of 

an individual gaming license, when appropriate. 

(2) Independence. The Tribe recognizes the importance of an independent Gaming 

Commission in maintaining a well-regulated gaming facility. The Commission 

shaIl be and act independently and autonomously from the Business Committee in 

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

Committee of any actions of the Commission shall be required or permitted 

except as otherwise explicitly provided in this Ordinance. 

(b) Membership and Terms of Office. The Gaming Commission shall consist of 

three (3) members: a Chairperson, Vice-Chairperson, and a Secretary. Except for their initial 

appointment under this Article 5(c), terms of office shall be for five years and thereafter until 

their respective successors are duly appointed and confirmed. There shall be no limitation upon 

the successive terns that a commissioner may serve. 

(c) Initial Appointments of Commissioners. Notwithstanding the foregoing, the 

Commissioners who are incumbent upon the effective date of the resolution amending the 

Ordinance and reconstituting the Gaming Commission shall continue to serve and shall be 

deemed to be reappointed to their respective offices for the following terms: the first incumbent 

Commissioner shall be appointed for a term to expire on May 3 1.2010; the second incumbent 

Commissioner for a term to expire on May 3 1.2011 ; and the third incumbent Commissioner for 

a term to expire on Mav 31.2012. The incumbent Commissioners shall not be further required 

to be reappointed or redesignated. 

(d) Oath of Office. Each member of the Tribal Gaming Commission shall prior to 

first assuming the duties of her or his office, give an oath to be administered by the Chairman of 

the General Election Board of the Tribe, to uphold, support and defend the Constitution, Bylaws 

and ordinances of the Kiowa Indian Tribe of Oklahoma, the Indian Gaming Regulatory Act of 

1988 and the regulations of the National Indim Gaming Commission duly promulgated 

thereunder, and to diligently and impartially discharge the duties of her or his office. The 

following form of oath shall be given: 

I do hereby solemnly afim that I will support and defend the 

Constitution, Bylaws and ordinances of the Kiowa Indian Tribe of Oklahoma, the Indian 

Gaming Regulato?y Act of 1988 and the regulations of the National Indian Gaming 

Commission duly promulgated thereunder, and will cany out faithfilly and impartially - the duties+my- o@ce- to the BesC of my abiiity and will prmote aidpmtteett~--- 

interests of the Kiowa Indian Tribe in accordance with the tribal constitution and bylaws. 

68 161 0.0002 EAST 7462892 v l 6 
(e) Minimum Requirements. Members of the Gaming Commission shall be subject 

to the same background check requirements as key employees and primary management 

officials, and must be licensed accordingly. The minimum requirements for appomtment as a 

member of the Gaming Commission are as follows: 

(1) Member of the Kiowa Indian Tribe of Oklahoma; 

(2) Minimum of 30 years of age; and 

(3) Four year degree from an accredited United States college or university or 

received at least forty (40) hours of training in gaming regulation and management of 

the business and operation of gaming, under a formal training program found by the 

Business Committee to be acceptable. 

(f) Ineligible Persons. Those persons who hold elected office of the Tribe or are 

otherwise employees of the Tribe, and also any member of the Tribe who has been recalled from 

elected office of the Tribe or previously removed for a good cause, from the Gaming 

Commission, shall be ineligiile to serve as Commissioners. Any person whose Relative is 

employed by the Tribe as a Key Employee or Primary Management Official of a Triial Gaming 

Facility, a Management Contractor, or the Kiowa Casino Operations Authority, shall be 

ineligible to serve as a Commissioner during such Relative's employment. No person who is 

ineligible to be a Key Employee or Primary Management Official and no person convicted of a 

felony, embezzlement, theft, or any other money-related crime or a crime of moral turpitude 

(such as fraud) may serve on the Gaming Commission. 

(g) Selection of Gaming Commission Members. Members of the Gaming 

Commission shall be appointed by the Business Committee by duly-enacted resolution following 

a hearing at which the Business Committee examines the appointee's eligibility and 

qualifications. 

Q Officers. Officers of the Gaming Commission shall be the Chairman, a Vice 

Chairman, and a Secretary. 

(1) Chairman. The Chairman of the Gaming Commission shall preside at all 

meetings of the Gaming Commission. She or he shall have general supervision 

of the affairs of the Gaming Commission and shall perform all duties 

pertaining to the office of the Chairman. The Gaming Chairman shall 

designate the Vice Chairman and Secretary; provided however that no 

commissioner shall hold more than one of these offices. The Tribal Gaming 

Chairman shall upon approval of the Gaming Commission, be the official 

spokesperson for the Gaming Commission to present and discuss all regulatory 

matters related to gaming on Kiowa Indian lands, to andlor with members of 

the press and officials of the National Indian Gaming Commission. In the 

absence of the Tribal Gaming Chairman, the Vice Chairman will serve pro - - . - -e as - - 

(2) Secretary. The Secretary shall: (a) prepare and keep the minutes of all 

meetings of the Gaming Commission and all resolutions and regulations 

68 16 10.0002 EAST 7462892 vl 7 
enacted by the Garning Commission, in books provided for that purpose; (b) 

see that all notices required by this Ordinance to be given by the Gaming 

Commission are duly given in accordance with the provisions of this 

Ordinance; (c) be the custodian of the Gaming Commission's records; (d) sign 

with the Triial Gaming Chairman or Vice Chairman, licenses and permits 

issued by the Gaming Commission, the issue of which shall have been 

authorized by resolution of the Gaming Commission; (e) keep in orderly 

archives, fully-executed counterparts of all written agreements concerning 

gaming to which the Tribe or Kiowa Casino Operations Authority, is a party; 

keep backup copies of all of the foregoing types of records of the Gaming 

Commission in a secure place separate fiom the original records, in order to 

protect the Gaming Commission, the Business Committee and the Tribe fiom 

the peril of loss or destruction of such records; (f) turn over to her or his 

successor, in good order, all records of the Tribal Gaming Commission for 

which the Secretary is custodian; and (g) perform such other duties incident to 

the office of Secretary. 

(3) Designation of Treasurer. The Gaming Commission may at its discretion 

designate the Director of the Kiowa Tax Commission to serve as 

treasurer/controller of the Gaming Commission; provided however that the 

Gaming Commission may from time to time designate or redesignate another 

suitable employee of the Tiibe or employee of the Gaming Commission to 

serve in such capacity. The person from time to time serving as the designated 

treasurer/controller shall be responsible for the collection of all fees and 

assessments due the Tribal Gaming Commission in accordance with the 

relevant provisions of this Ordinance. 

(i) Conflict of Interest Prohibited. To avoid potential conflicts of interest between 

the operation and regulation of gaming, the Tribe hereby finds that: 

(1) No member of the Business Committee or Kiowa Casino Operations Authority, 

and no employee of the Gaming Commission or the Kiowa Casino Operations 

Authority, may serve on the Gaming Commission; 

(2) No Relative of any member of the Business Committee or Kiowa Casino 

Operations Authority, or any employee of the Gaming'Commission, may serve on 

the Gaming Commission; 

(3) No gaming contractor (including any principal of a management or other 

contracting company) or Relative thereof, may serve on the Gaming Commission; 

(4) No person whose other employment or responsibilities conflict, could potentially 

-- --__-_conflict, orcreateanimpression or appearanca ~finpmpriety~mith-thehtiesanh - -. -. 

responsibilities of a member of the Commission, may serve on the Gaming 

Commission; 

68 16 10.0002 EAST 7462892 v I 8 
(5) Members of the Gaming Commission are prohibited from: 

(A) Gambling in any facility owned by the Tribe-, 

(B) Accepting complimentary items from any gaming facility owned by the 

Tribe; 

(C) Providing professional or contractual services of any kind to any gaming 

facility owned by the Tribe for the duration of their term of office and for 

two years after its expiration; and 

(D)Providing management services to any gaming facility owned by the Tribe 

pursuant to a management contract between the Tribe and another party 

for the duration of their term of office and for two years after its 

expiration. 

6) Powers and Duties. The Gaming Commission shall have the following powers 

and perform the following duties: 

(I) Regulatory Authority. The Gaming Commission shall have the power, 

responsibility, and duty to: 

(A)Conduct or cause background investigations to be conducted on, at a 

minimum, primary management officials and key employees; 

(B) Issue, deny, suspend, revoke, restrict, and/or reinstate gaming licenses to 

vendors and suppliers of gaming equipment and services related to gaming 

equipment, including any person or entity which provides goods, services, or 

supplies to a Gaming Facility, which shall include advisory review. 

(B) Review and approve all investigative work conducted; 

(C) Report results of background investigations to the NIGC; 

@)Obtain and process fingerprints, or designate a law enforcement agency to 

obtain and process fingerprints; 

(E) Make suitability determinations, which shall be signed by the Chairman of the 

Gaming Commission; 

(F) Issue, deny, suspend, revoke, restrict, and/or reinstate gaming licenses to 

primary management officials and key employees of the facility, consistent -. -- - - with h-suitabi1~~t, as& my .bemod%& fiomtirneto he--- --- 

based on the results of a Commission investigation; 

68 16 10.MN12 EAST 7462892 vl 9 

(viii) Licensing procedures for any entity or person which provides goods, 

supplies or services to a Gaming Operation. 

(N) Review and approve any Management Contract for a Gaming Operation on 

Kiowa Indian lands; 

(0) Inspect and examine all Gaming Sites and Gaming Facilities on Kiowa Indian 

lands at such times as the Gaming Commission may deem convenient to 

determine and verify compliance with this Ordinance and the Ace 

(P) Hold such administrative hearings, administer oaths and affirmations of 

witnesses appearing before the Gaming Commission, sit and act at such times 

and places, take such testimony, and receive such evidence as the Gaming 

Corpmission deems appropriate; 

(0) Order the temnnrarv nr nmnnent cInaii+~ nf a Cmrninn &em+;nm nn Y;-.trn 

Budget shall increase 5% annually to account for growth and economy. The 

Commission shall establish an internal budget, which shall not exceed that 

cap. If the Commission's budget need exceeds the cap for any year, 

Commission shall seek or obtain additional finds fiom the Business 

Committee. 

(B) Any surplus remaining in the Gaming Commission's budget at the end of any 

budget year shall be refinded to the Kiowa Business Committee. The amount 

of funding collected by the Commission in fees, fines and other charges shall 

offset the revenues provided in subparagraph (3)(A) of this subsection, and the 

offset amount shall be refunded to the Kiowa Business Committee. 

(C) The Gaming Commission shall present its annual budget to the Kiowa 

Business Committee for its review and concurrence. In the event the Kiowa 

Business Committee fails to concur with the budget presented by the Gaming 

Commission, the Gaming Commission shall operate under the prior year's 

annual budget until such time as the Kiowa Business Committee provides its 

concurrence. 

(4) Record Keeping. The Gaming Commission shall have the power and duty to: 

(A)Arrange for the preparation and keeping of complete and accurate records of 

all meetings and actions taken by the Commission; 

(B) Maintain complete records regarding the following: 

(i) Applications, financial statements, fingerprints, contracts, licenses, 

suspension and cancellation notices and correspondence with respect to all 

primary management officials, key employees, and gaming facilities; 

(ii) Commission licenses; 

(iii)Compact compliance; 

(iv) Reports relating to customer disputes, complaints or other issues that 

affect the integrity of the gaming facility; 

(v) Commission budget and expenditures; 

(vi) Communications with the Busmess Committee and Business Committee 

members; and 

4vii) by etlw-recoFds or-8ocumenb the-- *. Of-------- 

appropriate. 

(5) Reporting. The Gaming Commission shall have the power and duty to: 

64 16 10.0002 EAST 7462892 v 1 13 
(A)Make quarterly reports to the Business Committee within 30 days after the 

end of each quarter. Such reports shall contain the following information: 

(i) Number and types of licenses issued during the previous quartm, 

(ii) Information regarding Iicense denials, suspensions or revocations; 

(iii)Report of any events of noncompliance, breach or violations of this 

Ordinance, the rules, the compact, IGRA, a license or any other law or 

regulation; provided that such reports are not the subject of or relating to a 

pending investigation or hearing being conducted by the Commission; 

(iv)A report of the Commission expenditures for the prior quarter; 

(v) A summary of any Commission travel and training; 
shall provide with such response, copies of all records, books, and documents 

reasonably requested, except for confidential documents such as license 

applications, personal information of Iicensees, reports of background 

investigations and suitability determinations and other records that pursuant to 

this Ordinance are confidential. 

Q Nothing in this Article shall authorize or permit the Commission to provide 

any information pertaining to a pending investigation being conducted by the 

Commission or pending hearing before the Commission. All such 

information shall be kept confidential until a final decision is made by the 

Commission. Any breach of this provision shall present due cause for 

removal of the person fiom office or employment and a penalty of up to 

$5,000.00 for each offense. 

(6) Limited Waiver of Sovereign Immunity. The Gaming Commission shall have 

the power and duty to: 

(A) Waive the right of the Gaming Commission to exercise sovereign immunity in 

contracts, agreements or undertakings to which the Gaming Commission is a 

party, provided that any such waiver of sovereign immunity is strictly limited 

to enforcement of obligations of the Gaming Commission and is enforceable 

only against the assets and revenues of the Gaming Commission; and 

providedfirrther, that all assets, including net revenues and Reserves, held by 

Kiowa Casino Operations Authority, or transferred to other accounts or 

purposes of the Tribe, shall be exempt fiom such enforcement. 

(B) If in any case the Gaming Commission exceeds the foregoing limitations on 

its power and authority to waive sovereign immunity, it shall be deemed to 

have only waived its sovereign immunity, but not that of the Tribe, and the 

extent of such waiver shall be expressly limited by the provisions of this 

subsection. 

(7) Exclusion of individuals. The Gaming Commission shall have the power and 

duty to: 

(A) Exclude or remove any persons fiom the premises of any gaming facility, if 

the Commission deems it in the best interest of the Tribe. Any person so 

excluded shall be entitled to a hearing as provided for in the Commission's 

regulations and shall have the rights provided to an applicant therein. The 

manager of any gaming facility shall also have the authority to exclude or 

remove any person &om the gaming facility, and all such actions shall be 

reported to the Commission within 24 hours of the taking of such action. 

(B) Require that a licensee eject from the gaming area of a gaming facility any 

individual who is: 

68 16 10.0002 EAST 7462892 v l 15 
(i) Visibly under the influence of alcohol or other intoxicating substance; 

(ii) Under the age of 21 years; 

(iii)Displaying disorderly conduct; 

(iv) Known to have committed a gaming related felony; 

(v) Known to have a reputation for cheating or manipulation of games; or 

(vi) Subject to a Commission exclusion resolution, or is a member of any 

group of persons that has been excluded for cause fiom gaming facilities 

by a resolution of the Commission. 

(8) Compliance with applicable laws. Notwithstanding any provision of Tribal law 

or regulation, the Commission has the power and duty to: 

(A)Comply with all regulations promulgated by the NIGC including, but not 

limited to, reporting requirements relating to ordinances, contracts, license 

applications, background checks, and other information. 

(B) Ensure compliance with all assessments authorized by the NIGC. Such 

assessments shall be payable solely fiom gaming facility revenues as an 

operating expense. 

(C) Comply with the provisions of the Tribal-State Compact including, but not 

limited to, any licensing, approval, or monitoring requirements contained in 

the Tribal-State Compact. 

(9) Confidentiality. The Gaming Commission shall ensure that all records and 

information obtained as a result of an employee background investigation shall 

remain confidential and shall not be disclosed to persons who are not directly 

involved in the licensing process. Under no circumstances shall information 

obtained during the course of an employee background investigation be disclosed 

to members of management, human resource personnel or others employed by the 

KCOA or tnial gaming facility. This subsection (9) does not apply to requests 

for such information or records from any Tribal, Federal or applicable State law 

enforcement or regulatory agency, or from the TnibaI Court or for the use of such 

information or records by the Commission and staff in the performance of their 

official duties. 

(10) Mediation. The Gaming Commission shall focus its attention on ensuring 

Weveff-M~g- 4aw~-®ufa~ons;~~-s~~ ~~~ 

the operational, non-regulatory aspects of the KCOA. If a dispute arises with the 

Board of Directors of the KCOA regarding whether an issue is regulatory or 

operational, the Gaming Commission shall meet with the Board of Directors, and 

683610.0002 EAST 7462892 vl 16 

(G) Following the hearing, the Gaming Commission shall publish the full text of 

its final regulation in the same manner as it is required to publish the notice of 

proposed rulemaking. 

Q Removal. The independence of the Gaming Commission is essential to a wellregulated gaming facility. For that reason, Commissioners may only be removed from office by 

the Business Committee prior to the expiration of their respective terms for the foIIowing 

grounds: 

(1) neglect of duty; 

(2) misconduct; 

(3) malfeasance; 

(4) conviction of a felony in any jurisdiction; 

(5) conviction of embezzlement, theft, or any other money-related crime or a crime of 

moral turpitude in any jurisdiction; 

(6) the Commissioner does not meet the minimum requirements of Article 8(e); or 

(7) the Commissioner is an ineligible person under Article 8(0. 

Any petition for removal of a Commissioner must be substantiated by a preponderance of the 

evidence. Commissioners may appeal their removal to the Tribal Court, and may provide 

evidence rebutting the grounds for their removal. A decision of the Tribal Court on the validity 

of the removal shall be final and not subject to Mer appeal. A wrongful removal shall entitle 

the affected Commissioner to compensation for expenses incurred in an appeal and any pay 

withheld during the pendency of the appeal. Commissioners may also be subject to recall 

pursuant to and consistent with Article IV of the Constitution of the Kiowa Indian Tribe of 

Oklahoma. 

(1) Transition. Upon expiration of a Commissioner's term and until his or her 

successor has been duly appointed, qualified and confirmed, or upon removal fiom office, each 

Commissioner shall turn over to his or her successor or to the Chair, in a timely fashion and in 

good order, all monies, books, records, minutes, documents contracts or other property of the 

Gaming Commission in his or her custody. If such property is not turned over or is damaged or 

missing, the Commission may charge the Commissioner a reasonable replacement fee. 

(m) Ouonun: Votinp;l The Gaming Commission shall meet and decide all matters by 

majoriq vote of the fbll Commission. The Chair, or the Vice-Chair in the Chair's absence, shall 

preside at each meeting. The presence of two members of the Commission shall constitute a 

quorum for a meeting. The vote of two Commissioners shall constitute a majority vote and shall 

be binding on the Commission. 

(n) Comvensation. The Commissioners shall be entitled to receive a fixed stipend as 

compensation, of $500.00 per meeting. The fmed stipend for Commissioners shall be increased 

to $1,000 per meetingat slt&ti~as.b-Kio~~uthnr;+rrhnnn)I~ 

Gaming Operation opened to the public for at least thirty (30) days with an annual stipend of 

$1 5,000 per year during any year that the Tnhe received distniutions in excess of $1,000,000. 

The per meeting stipend shall be payable for regular and special meetings of the Board and for 

683610.0002 EAST 7462892 vl 18 
regular and special meetings of any committee of the Board. The trustees shall also be entitled to 

receive reimbursement for any reasonable expenses incurred in connection with the performance 

of the trustees' duties. 

(0) Licensing Fees. The Gaming Commission shall assess the following Licensing 

fees for each category of gaming license: 

(1) Gaming Facility License $250,000 

(2) Management Contractor $50,000 

(3) Primary Management Offxcials $5,000 

(4) Key Employee $1,000 

(5) Suppliers of gaming equipment and 

services related to gaming equipment $10,000 

(6) Vendors of goods, supplies, or services 

to a Gaming Operation $5,000 

(7) General Employees $50 

The Gaming Commission is hereby authorized to establish, modify, and revise, through 

regulation, the schedule of license fees set forth in this Article 8(0). The Gaming Commission is 

also authorized to establish, by regulation, additional types of gaming licenses as may be 

appropriate from time to time at its discretion. In addition, the Gaming Commission may 

establish an administrative fee to cover its expenses in conducting background investigations and 

processing gaming license applications. Upon petition by a gaming license applicant 

demonstrating financial hardship, the Gaming Commission may waive or reduce the Gaming 

License fee or administrative application fee at its sole discretion. 

(p) Personnel Matters. All personnel matters involving the Gaming Commission 

and its employees shall be governed exclusively by the personnel policies and procedures 

adopted by the Gaming Commission pursuant to Article 8 (j)(2)(B). 

Article 9. Ethics 

The Tribe recognizes that the duties of the Gaming Commission include making 

important decisions on highly sensitive issues. As such, the Trii has determined that the 

Gaming Commission shall be held to extremely high ethical standards and shall be subject to 

removal for violating these standards. Prior to taking their positions as Commissioners and as 

the Executive Director of the Gaming Commission (collectively, the "'Members''), the Members 

shall agree to be bound by the following principles: 

(a) Members shall not hold financial interests that conflict with or could be perceived 

to conflict with the conscientious performance of their duties as regulators. 

- - (b)Mh&i-~~~a~~

. . OR - 

or allow the improper use of such information by others on their behalf to further 

any private interest. 

681610.0002 EAST 7462892 v l 19 
(c) Members shall not solicit or accept any gift or other item of monetary value, 

including complimentary items (see &cle 10, below), from any person or entity 

seeking official action or inaction from, doing business with, or conducting 

activities regulated by the member's organization, or whose interests may be 

substantially affected by the performance or nonperformance of the member's 

duties. 

(d) Members shall make no unauthorized commitments or promises of any kind 

purporting to bind the Tribe. 

(e) Members shall nit use their positions for private gain. 

(f) Members shall act impartially, in accordance with all relevant federal, tribal, and 

state laws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including to any Relative of the Member. 

(g) Members shall ensure that Tribal property and gaming assets under their control 

shall be properly segregated and safeguarded, and that such property and assets 

shall not be used for unauthorized activities. 

(h) Members shall not engage in outside employment or activities, including seeking 

or negotiating for future employment, which coflict with their official duties and 

responsibilities. 

(i) Members shall disclose waste, fiaud, abuse, and corruption to appropriate 

authorities. 

Q Members shall endeavor to avoid any actions creating the appearance that they are 

violating the law or the ethical standards listed herein. 

Article 10. Complimentary Items 

(a) The Tribe shall cause an annual outside independent audit of Gaming Operations, 

including all Tribal gaming facilities and the Gaming Commission, to be conducted, and shall 

submit the resulting audit reports to the NIGC. The Tribe's fiscal year is October I to September 

30. 

(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. 

-(~4i)-SwAktBependent audit-sM apply & ~~~ . . f s=f=w----- - -- 

accepted accounting principles, and shall: 

681610.0002 EAST 7462892 vl 20 

(1) The following notice shall be placed on the application form for a key employee 

or a primary management official: 

In compliance with the Privacy Act of 1974, the following infonnation 

is provided: Solicitation of the infonnation on this form is authorized 

by 25 US. C. 2701 et seq. The purpose of the requested infonnation is 

to determine the eligibility of individuals to be employed in a gaming 

operation. The information will be used by the Kiowa Indian Tribe of 

Oklahoma and the National Indian Gaming Commission members and 

staflwho have need for the information in the pe60rmance oftheir 

oficial duties. The infonnation 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 necessary pursuant to a 

requirement by a tribe or the National Indian Gaming Commission in 

cnnngwpfinn tho hipiwn nr I:nnnm nCnn nu-l--.--- a- :----- - - --- 
(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. 

(c) Backmund Investinations. Gaming Commission background investigation 

procedures shall contain a clear statement that the Gaming Commission is responsible for 

conducting background investigations and suitability determinations; an organizational chart or 

statement showing the positions or people responsible for promulgating the background 

investigation procedures, with an explanation of how these positions and people were selected; a 

listing of minimum investigative procedures to be performed; and a report to the NIGC as 

described in subsection (0 below. 

(1) The Gaming Commission shall request from each primary management official 

and from each key employee all of the following information: 
(I) 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; 

(J) 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 (I)@) 

or (1)0 of this Article, the criminal charge, the name and address of the 

court involved and the date and disposition; 

OThe name and address of any licensing or regulatory agency with which 

the person has filed an application fa an occupational license or permit, 

whether or not such license or permit was granted; 

(L) A current passport photograph; 

(M) A statement whether the applicant is a Triial member' or a Relative of a 

member of the Business Committee, or Gaming Commission, or an 

employee of the Tribe, or a member of a Federally recognized Indian 

tribe; 

(N) If an applicant is claiming an Indian or Kiowa Preference pursuant to 

Article 22 of this Ordinance then the applicant shall provide 

documentation of enrollment in the Kiowa triie or enrollment in a 

Federally recognized Indian tribe; 

(0) A statement whether the individual has been convicted of a gaming 

offense or offense involving moral turpitude, including previous contact 

between the applicant and persons known to be involved in organized 

crime; 

(P) Copies of the applicant's federal income tax returns for the prior two 

Years; 

(Q) Any other information required by an approved Tribal regulation; and 

(R) Fingerprints of the applicant consistent with procedures adopted by the 

Gaming Commission according to 25 C.F.R. 5 522.20, which shall be 

taken by the Bureau of Indian Affairs police located in Anadarko, 

Oklahoma or the Oklahoma State Bureau of Investigations for a criminal 

history check, provided further that the Gaming Commission shall have 

- - --- . - - .A discr~~re fmgeqxints byal--4- - . - 

alternative means is acceptable to the NIGC. Such a criminal history 

check shall include a check of criminal history records infonnation 

maintained by the Federal Bureau of Investigation. 

6816100002EAST 7462892~1 24 

(1) When a key employee or primary management official begins work at a gaming 

facility authorized by this Ordinance, the Gaming Commission shall forward to 

the NIGC a completed application for employment and conduct the background 

investigation and make the determination referred to in subsection (d) of this 

Article. 

(2) The Gaming Commission shall forward the report referred to in subsection (0 of 

this Article to the NIGC within 60 days after an employee begins work or within 

60 days of the approval of this Ordinance by the Chairman of the NIGC. 

(3) The gaming facility shall not employ as a key employee or primary management 

official a person who does not have a license after 90 days. 

(g) Report to the National Indian Gaming Commission. 

(1) Pursuant to the procedures set out in subsection (e) of this Article, the Gaming 

Commission shall prepare and forward an investigative report on each 

background investigation to the NIGC. An investigative report shall include all of 

the following: 

(A) Steps taken in conducting a background investigation; 

(B) Results obtained; 

(C) Conclusions reached; and 

(D) The bases for those conclusions. 

(2) The Gaming Commission shall submit, with the report, a copy of the eligibility 

determination made under subsection (d) of this Article, unless the NIGC shall 

have advised the Tribe that the submission of the eligibility determination is not 

necessary. This determination shall include a statement describing how the 

information submitted by the applicant was verified; a statement of results 

following an inquiry into the applicant's prior activities, criminal record, if any, 

and reputation, habits and associations; a statement showing the results of 

interviews of a sufficient number of knowledgeable people (such as former 

employers, personal references, and others referred to by the applicant) in order to 

' provide a basis for the Gaming Commission to make a finding concerning the 

eligibility for employment in a gaming Edcility; and a statement documenting the 

disposition of all potential problem areas noted and disqualifying information 

obtained. 

.. - (3)-)-3Cfa license is not issued to stit ap$bmt&e Gmkg €%- . . 

(A) Shall notify the NIGC; and 

68 16 10.0002 EAST 7462892 vl 26 


a good-standing certificate issued by the Secretary of State of the State of the 

applicant's domicile and if that domicile is not Oklahoma, then certified 

documentation satisfactory to the Tribal Gaming Commission that the applicant is 

duly admitted as a foreign business enterprise doing business in Oklahoma (both) 

as of a date not more than ninety (90) days prior to the date upon which the Tribal 

Gaming Commission receives the application; 

the entity's federal tax identification number; 

the address and telephone numbers of all places which it has conducted its 

business or does conduct its business, and the name, address and telephone 

number of its service agent, if any; 

a statement as to whether any Primary Management Official of the business entity 

is a member, or Relative of a member, of the Tribal Business Committee or 

Gaming Commission; 

a statement as to whether the business entity, or any Primary Management 

Official of the organization, has been convicted of any felony, gaming offense, or 

offense involving moral turpitude; 

a statement setting forth all prior experiences or contact of the business entity, its 

Primary Management Official, with Indian gaming entezprises in any capacity, 

and the gaming industry generally, including specifically the name, address, and 

telephone number of any regulatory or licensing agency having jurisdiction over 

or records of such prior activities; 

a statement describing any previous contact that the business entity, its Primary 

Management Official, have had with persons known to be involved in organized 

crime; 

a complete statement as to prior arrests, convictions, and civil suits, whether as 

plaintiff or defendant, involving the business entity, the owners of all equity of the 

Person and its corporate parent and ultimate parent (or in the case of statutory 

persons whose securities are listed on the NASDAQ or publically traded on the 

New York Stock Exchange the owners of five percent (5%) of such equity) its 

Primary Management Official, including the name of the court, the style and 

number of the case, description of the claims by each of the parties, and the 

outcome. Whenever possible, the final judgement, and any opinion of the court if 

available, of the courts should be attached to the application; 

a complete list of every other organization with which the business entity is 

-affiliated, including witIwut4h-m.- . . . - -- 

owner of equity interests sufficient to name one person to a managing entity, 

organization with which the applicant has had at least one common director, or 


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

the game; 

(h) Defrauding the Tribe, any licensee or any participant in any gaming facility; 

(i) Participating in any gaming not authorized under this Ordinance or the Tn'balState Compact; 

(j) Knowingly providing false information or making any false statement with 

respect to an application for employment or for any license, certification or 

determination provided for in this Ordinance; 

(k) Knowingly providing false or misleading information or making any false or 

misleading statement to the Tribe or the Gaming Commission in connection with 

any contract for services or property related to gaming; 

(1) Knowingly making any false or misleading statement in response to any official 

inquiry by the Commission or its agents; 

(m) Offering or attempting to offer any thing of value to a licensee in an attempt to 

induce the licensee to act or refrain fiom acting in a manner contrary to the 

official duties of the licensee under this Ordinance, other Tribal laws or 

regulations, or applicable Federal law; 

(n) Acceptance by a licensee of any thing of value with the expectation that receipt of 

such thing of value is intended, or may be perceived as intended, to induce the 

licensee to act or refiain from acting, in a manner contrary to the official duties of 

the licensee under this Ordinance, other Tribal laws or regulations, or applicable 

Federal law; 

(0) Falsifying, destroying, erasing or altering any books, computer data, records, or 

other information relating to a gaming facility in ways other than is provided in 

approved internal control procedures; 

(p) Taking any action which Meres with or prevents the Gaming Commission, the 

Trustees of the KCOA, or the Tribe fiom fulfilling its duties and responsibilities 

under this Ordinance, other Tni laws or regulations, or Federal law; 

(q) Entering into any contract, or making payment on any contract for the delivery of 

goods or services to a gaming facility, when such contract fails to provide for or 

result in the delivery of goods or services of fair value for the payment made or 

contemplated; 

(r) Operating or conducting Class I1 or Class III Gaming on Kiowa Indian lands - wih&&- iwh 6-d* --- -- 

6816 10.0002 EAST 7462892 v 1 32 



(b) Petition for Hearing; and Reconsideration. Any person or entity aggrieved by a 

decision made or action taken by the Gaming Commission without the notice and opportunity for 

hearing, may petition the Gaming Commission for a hearing and reconsideration. The petition 

shall be filed within thirty (30) days after the petitioner knew or should have known of the 

decision or action. 

(c) Petition for Review. Any person or entity aggrieved by a decision made or action 

taken by the Gaming Commission after notice and opportunity for hearing shall have the right of 

appeal to the Tribal Court. Petitions for such appeal shall specifically set forth the reasons for 

aggrieving, and be timely only if filed with the Tribal Court no later than ninety (90) days after 

the Gaming Commission's decision or action. The Tn'ba'1 Court shall set the matter for hearing 

promptly after receipt of the petition, and may, upon establishing that it has jurisdiction and finds 

good cause, affirm, modify, reverse and or vacate the Gaming Commission's order, or order such 

other or further relief as the Tribal Court determines is just. The Tribal Court shall have no 

jurisdiction to award money damages against the Tribe, the Gaming Commission or any 

C~-isgionm thereof. ~t the KCOA nr anv Tnrctee th~r~nf pup-+ fn~ an nn.*:+nLta ----..-L-- 

P.O. Box 369 

Carnegie, Oklahoma 7301 5 

The Tribe may change the service agent designation from time to time by resolution and 

upon notice to the NlGC and the Gaming Commission. A copy of any official determination, 

order, or notice of violation by the NIGC shall be sent by certified mail to the Tribal Gaming 

Chairman. 

(b) Agent for the Gaming; Commission. The Tribal Gaming Chairman is hereby 

designated agent for service of any official determination, order, or notice of violation by the 

NIGC. The Gaming Commission may change the service agent designation from time to time, 

by resolution and upon notice to the Tribal Business Committee and the NIGC. 

(c) Management Contractor Service Anent. Each Management Contractor shall 

designate by written notification to the Gaming Comrnission, the Tribal Business Committee, 

and the NIGC an agent for service of any official determination, order, or notice of violation. A 

Management Contractor may change the service agent designation from time to time, by 

resolution and upon notice to the NIGC, the Tni Business Committee, and the Gaming 

Commission. 

(d) KCOA Service Agent. The KCOA shall by resolution of its Board of Trustees 

designate an agent for service of any official determination, order or notice of violation, which 

designation shall become effective upon service of the Authority's notice thereof upon the 

Gaming Commission, the NIGC, and the Tribal Business Committee. 

(e) Nothing in this Ordinance shall be deemed a waiver of the Tribe's sovereign 

immunity, or that of its component units or regulatory agencies, except as specifically stated 

herein. 

Article 28. Consent to Jurisdiction 

Any person who applies for a license under this Ordinance, applies for employment in 

any gaming facility, enters into any contract or agreement related to gaming, or participates in 

any gaming on the Reservation, shall be deemed to consent to the civil jurisdiction of the Tribe, 

the Gaming Commission and the Tribal Court. Nothing in this Article shall limit the jurisdiction 

of the Tribe, the Gaming Commission or the Tribal Court under any circumstances not explicitly 

contemplated in the Article. 

Enclosure 

cc: Todd Araujo, Akin Gump 

Tim Harper, Region V Director (with Enclosure)