Page 19 of 34
NCA 18-012

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

1. Name of business, business address, business telephone
number(s), federal tax identification number (or social security
number, if a sole proprietorship), main office address (if different
from business address), any. other names used by the applicant in
business and type of service(s) applicant will provide;

2. Whether the applicant is a partnership, corporation, limited liability
company, sole proprietorship or other entity;

3. If the applicant is a corporation, the state of incorporation and the
qualification to do business within the jurisdiction of the Nation, if
the gaming operation is in a different state than the state of
incorporation;

4. Trade name, other names ever used and names of any wholly
owned subsidiaries or other businesses owned by the vendor or its
principals;

5. General description of the. business and its activities;

6. Whether the applicant will be investing in, or loaning money to, the
gaming operation, and, if so, how much;

7. A description of any existing and previous business relationships

. with the gaming industry generally, including ownership interests in
those businesses;

8. A list of Indian tribes with which the vendor has an existing or
previous business relationship, including ownership, financial or
management interests in any non-gaming activity;

9. Names, addresses and telephone numbers of three (3) business
references with whom the company has regularly done business for
the last five (5) years;

10. The name and address of any licensing or regulatory agency with
which the business has filed an application for a license or. permit
related to gaming, whether or not such license or permit was
granted;

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

12. A list of lawsuits to which the business has been a defendant,
including the name and address ofthe court involved, and the date
and disposition, if any;

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

14. A list of the principals of the business, their social security numbers,
addresses, telephone numbers, titles and percentage of ownership
in the company; and



Page 13 of 34
NCA 18-012

§ 4-105. Background Investigations

A. The Nation shall perform a background investigation for each Primary
Management Official and Key Employee in its gaming operation.

B. The Commission is responsible for conducting the background
investigations of Primary Management Officials and Key Employees.

Cc. The Commission shall obtain from each Primary Management Official and
Key Employee all-of the following information:

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

2. Currently, and for the previous five (5) years, business and
employment positions held, ownership interests in those
businesses, business and residential addresses and driver's
license numbers;

3. The names and current addresses of at least three (3) personal
teferences, including one (1) personal reference who was
acquainted with the applicant during each period of residence listed
under paragraph (C)(2) of this section;

4. Current business and residential telephone «numbers and all cell
phone numbers;

5. A description of any existing and previous business relationships
with other tribes, including any ownership interests in the
businesses;

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

7. 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;

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

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

410. For each criminal charge (excluding minor traffic charges), whether
or not there is a conviction, if such criminal charge is within ten (10)



Page 23 of 34
NCA 18-012

Notice of these dispute resolution procedures or a summary thereof shall be posted at
each gaming facility, and shall contain the address for the notices to be delivered to.

CHAPTER 6. GENERAL PROVISIONS
§ 6-101. Environment and Public Health and Safety

A. Each gaming facility shall be constructed, maintained, and operated in a
manner that adequately protects the environment and the health and safety ‘of the
public.

B. The Commission shall identify laws, resolutions, codes, policies,
standards or procedures, which are applicable to each gaming place, facility or location,
to ensure adequate protection ot the environment and the health and safety of the
public.

§ 6-102. Agent for Service of Process

The Nation designates the Principal Chief as the agent for service of any official
determination, order or notice of violation with a copy to the Office of the Attomey
General.

§ 6-103. Tribal Access to Financial Information

A copy of the GOAB’s annual audit will be made available for review, upon request, to
the Muscogee (Creek): National Council.

§ 6-104. Compliance with Federal Law

The Nation shall comply with all applicable federal laws, including the Bank Secrecy
Act, 31 U.S.C. § 5311 et seq.

§ 6-105. Repeal

To the extent that they are inconsistent with this Act, all prior laws under Title 21 are
hereby repealed.

§ 6-106. Interpretation of Title

The provisions of this Title, being necessary for the welfare of the Nation and. its
inhabitants, shall be liberally construed to effect the purpose and object hereof. Article
and section headings contained herein shall not be deemed to govem, limit, modify or in



Page 4 of 34
NCA 18-012

L. “Gaming Vendor" means such entity or supplier that provides any amount
of services, supplies, or equipment unique to the operation of Class Il or Class Ill
gaming in the gaming facllity in an amount exceeding $25,000 in any year.

M. “Indian lands” means lands eligible for gaming as defined in 25 U.S.C. §
2703(4), and 25 C.F.R. § 502.12.

N. “Key Employee” means:
1. A person who performs one or more of the following functions:

Bingo caller;

Counting room supervisor,

Chief of security;

Custodian of gaming supplies or cash;

Floor manager;

Pit boss;

Dealer;

Croupier;

Approver of credit; or

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

vrsesgaogp

2. If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per year;

3. If not otherwise included, the four most highly compensated
persons in the gaming operation; or

4. Any other person designated by the Nation as a Key Employee.

Oo. “Licensee” means a tribally owned Class II or Class Ill gaming operation
or a person licensed by the Muscogee (Creek) Nation Public Gaming Commission as a
Primary Management Official, Key Employee or other gaming employee under the
provisions of this law.

P. “Management Contract” means any contract, subcontract or collateral
agreement between the Nation and a contractor or between a contractor and a
subcontractor if such contract or agreement provides for the management of all or part
of a gaming operation.

Qa. “Nation” means the Muscogee (Creek) Nation.

R. “Net Revenues” means gross gaming revenues of an Indian gaming
operation less:



Page 34 of 34

NCA 18-012
‘ APPROVAL
1, the Principal Chief of the Muscogee (Creek) Nation, hereby affix my signature on this
(day of , 2018 to the above Law, NCA 18-012 authorizing it to

become a Law under Al Vi., Section VI., of the Constitution of the Muscogee
(Creek) Nation.



Page 20 of 34
NCA 18-012

15. — Any further information the Nation deems relevant.
B. The following notice shall be placed on the application form for a vendor
and its principals:

Inclusion of false or misleading information in the vendor application
may be grounds for:denial or revocation of the Nation’s vendor
license.

C. — A vendor may submit to the Commission a copy of a recent license
application to another jurisdiction if it contains the information listed above. The vendor
will be required to submit, in writing, any changes in the information since the other
license application was filed and any information requested by the Commission not
contained in the other application.

§ 4-117. Vendor Background Investigations

The Commission shall employ or.otherwise engage an investigator to complete an
investigation of a gaming vendor. This investigation shall include, at a minimum, the
following steps: :

A. Verification of the vendors business’ incorporation status and
qualifications to do business in the. state where the gaming operation is located;

B. Obtaining a business credit report, if available, and conducting a Better
Business Bureau check'on the vendor;

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

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

E. Conducting: an investigation of the principals of the vendor's business,
including facilitating a criminal ‘history check, obtaining criminal history check ‘results,
obtaining a credit report and interviewing the personal references listed.

§ 4-118. Vendor License Fees

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

§ 4-119. Vendor Background Investigation Reports



Page 26 of 34
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The following property is subject to forfeiture by the Muscogee (Creek) Nation:
A. All unlicensed gambling devices;

B. All property, including money and: other things of value, used in
connection with professional gambling or maintaining a gambling premise;

Cc. All real property, including any right, title, and interest in the whole of any
lot or tract of land and any appurtenance of improvement thereto, which is used, or
intended to be used, in any manner or part in connection with unlicensed professional
gambling; and

BD. Winnings received in violation of this Title.
§ 7-107. Forfeiture proceedings

A. The Commission or a Muscogee (Creek) Nation Lighthorse Officer may
seize any item subject to forfeiture immediately upon detection.

B. Property. taken or detained under this section shall not be repleviable, but
shall be deemed to be in the custody of the Office of the Attomey General of the
Muscogee (Creek) Nation, subject only ta the orders and decrees of the court. All
seized property shall be held as evidence until the. Attomey General files a notice of
seizure and intended forfeiture with the District Court of the Muscogee (Creek) Nation or
the property is released.

Cc. Notice ‘shall be given to all owners of the seized property. Anyone
contesting the forfeiture of the property shall answer the notice with a verified petition
within forty-five (45) days after notice been received. If at the end of forty-five (45) days
there is no verified answer on file, the court shall hear evidence upon the fact of the
unlawful use and shall order the property forfeited to the Muscogee (Creek) Nation, if
such fact is proved. If a verified answer is filed, the forfeiture proceedings shail be set
for hearing.

D. At a hearing in a proceeding against real property seized in accordance
with this Code, the proof of the unlawful activity shall be satisfied by the Muscogee
(Creek) Nation by a preponderance of the evidence.. The claimant of any right, title, or
interest in the property may prove his lien, mortgage or conditional sales contract to be
a bona fide or innocent ownership interest and that his right, title, or interest was
created without any knowledge or reason to believe that the property was being, or was
to be, used for the purpose charged. In the event of such proof, the court shall order the
property released to the bona fide or innocent owner, lien holder, mortgage, or vendor if
the amount due him is equal to, or in excess of, the value of the property as of the date



Page 22 of 34
NCA 18-012

at the discretion of the manager or designee(s), justify the summary dismissal of the
grievance.

§ 5-105. Manager's Decision

Except where circumstances require further: investigation or consultation, the
manager/designee shall deliver the decision during the session at which the grievance
is brought to their attention. Upon request of the patron, the manager/designee’s
decision shall be made in writing and time stamped.

§ 5-106. Initial Review

Where the manager/designee’s decision is delayed beyond the session at which the
grievance allegedly arose, the time of the appeal shall be five (5) days from the date the
manager/designee. delivers the decision. :

§ 5-107. Appeal

A patron who has timely submitted a grievance for resolution by the manager/designee
and who is dissatisfied with the result may appeal such decision to the Commission.

§ 5-108. Requirements of Appeal

Such: patron appeal shall be in writing, contain a statement of the facts and the grounds
for the appeal and shall be delivered or postmarked within: five (5) days of the date the
manager/designee delivers the decisidn.

§ 5-109. Patron Dispute Resolution

In the event a patron appeals the decision of a manager/designee in a timely fashion,
the Commission shalt hold a hearing within thirty (30) days of receipt of the patron’s
complaint. The patron may have counsel present at the hearing. The patron may be
allowed to present evidence, at the discretion of the Commission. After the hearing, the
Commission shall render a decision in a timely fashion within thirty (30) days of the
hearing. All such decisions will be final when Issued. All claims by patrons ‘shall be
limited to a maximum recovery, per occurrence, of what the facility insurance will cover
for such an event and a cumulative limit of per patron in any twelve (12) month period,
except disputes relating to a patron’s entitlement to a game prize, which shall be limited
to the amount of such prize. The Commission's decision shall constitute the patron’s
final remedy.

§ 5-110. Notice of Procedures



Page 17 of 34
NCA 18-012

F. The Commission must reconsider a license application for a Primary
Management.Official or Key Employee if it receives a statement of itemized objections
to issuing such a license from the NIGC, and those objections are received within thirty
(30) days of the NIGC receiving a notice of results of the applicant's background
investigation. The Commission shall take the NIGC’s. objections into account when
reconsidering a license application.

G. The Commission will make the final decision whether to issue a license to
an applicant for a Primary Management Official or Key Employee position.

H. If the Commission has issued a license to a Primary Management Official
or Key Employee before receiving the NIGC’s statement of objections, notice and a
hearing shall be provided to the licensee, as required by § 4-111.

§ 4-111. Denying Gaming Licenses

: A. ~The Commission shall not license a Primary Management Official or Key
Employee if an authorized Commission official determines, in applying the standards in
§ 4-108 for making a license eligibility determination, that licensing the person:

1. Poses a threat to the public interest;

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

3. Creates or enhances the dangers of unsuitable, unfair or illegal
practices, methods and/or activities in the conduct of gaming.

B. When the Commission does not issue a license to an applicant for a
Primary.Management Official or Key Employee position, or revokes a previously issued
license after reconsideration, it shall:

1. Notify the NIGC; and

2. Forward copies of its eligibility determination and notice of results of
the applicant's background investigation to the NIGC for inclusion in
the Indian Gaming Individuals Record System.

§ 4-112. Gaming License Suspensions and Revocations

A. If, after a license is issued to a Primary Management Official or a Key
Employee, the Nation receives notice from the NIGC that the Primary Management
Otticial or Key Employee is not eligible for employment, the Commission shall do the
following:

1. Immediately suspend the license;



Page 9 of 34
NCA 18-012

20. Provide referrals and information to the appropriate law

“enforcement officials when such information indicates a violation of

tribal, federal or state statutes, ordinances, regulations, codes or
resolutions;

21. Create a list of regulatory authorities that conduct background
investigations of, and license, vendors who are recognized as
trustworthy;

22. Draft regulations exempting vendors from the licensing and/or
background investigation requirements if they have received a
license from a recognized regulatory authority;

23. Perform such other duties the Commission deems appropriate for
the proper regulation of the tribal gaming operation; and

24. Promulgate such regulations and guidelines as deemed appropriate

‘ to implement the provisions of this ordinance, so long as they are in
furtherance of, and not in conflict with, any provisions of this
ordinance.

J. Before adopting, amending and repealing regulations, the Commission
shall give notice of any such proposed action to the Principal Chief, the National
Council, the Office of the Attomey General, the GOAB, and all other persons whom the
Commission has reason to believe have a legitimate interest in the proposed action.
The notice shall invite comments and describe the general nature of the proposed
action and the manner that comments on the proposed action shall be received by the
Commission: All regulations adopted or amended by the Commission shall be
approved by Tribal Resolution of the National Council before such regulations become
effective.

K. The 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 any persons who are not directly involved in the licensing and
employment processes. Information obtained during the course of an employee
background investigation shall be disclosed to members of GOAB management, human
resource personnel and/or others employed by the GOAB on a need-to-know basis, for
actions taken in their official capacities.

L. The confidentiality requirements in § 2-101(J) of this Chapter, above, do
not apply to requests for such records or information from any tribal, federal or state law
enforcement or regulatory agency, or for the use of such records or information by the
Commission and staff in the performance of their official duties.

M. — A majority of the Commission shall constitute a quorum. The concurrence
of a majority of the Commissioners shall be required for any final determination by the



Page 32 of 34
NCA 18-012

The Petitioner may be represented by counsel in any proceeding or review by the
District Court, and the Gommission shall be represented by the Attomey General.

D. District Court decision.

The Muscogee (Creek) Nation District Court shall issue a written decision on all
appeais. In no event shall the:Court be authorized to award or order the payment of
damages or to fashion any remedy against the Commission. In the event that the
District Court affirms the decision of the Commission or the Muscogee (Creek) Nation,
the Court shall award costs and a reasonable attomey fee to:the Commission with the
provision that any part ofthe attomey fee collected shall be paid to the Controller for
use by the Office of the Attomey General.

E. Appeal to Supreme Court.

If the petitioner receives an adverse decision from the District Court, then the petitioner
may appeal to the Muscogee (Creek) Nation Supreme Court within thirty (30) days after
the District Court enters the decision. The appeal shall be limited to the record on
appeal. The decision of the Muscogee (Creek) Nation Supreme Court shall be final.

§ 7-111. Judicial action by Commission

The Commission is hereby authorized to commence an action.to collect any fines owed
pursuant to this Title, and may seek any civil remedies, including but not limited to
gamishment, attachment, and execution, for the collection of any monies due to the
Nation. Such action shall be commenced in the District Court of the Muscogee (Creek)
Nation. Violation of orders of the Court shall be punishable by civil contempt, including
fines and/or, in the event that the contemptor is an Indian, imprisonment. In the event
the Court awards judgment in favor of the Commission, the Court shall award costs and
a reasonable attomey fee to the Commission with the provision that any part of the
attorney fee collected shall be paid to the Controller for use by the Office of the Attomey
General.

§ 7-112. Service of notices and other documents

Any notice or other document required to be served hereunder shall be hand-delivered
to the person to be served or sent by certified mail to the office or place of business of
said person to be served. Ini the case of service by mail, service shall be complete upon
the date of receipt or refusal to accept delivery by certified mail.

§ 7-113. Finality of Commission or court action



Page 29 of 34
NCA 18-012

in accordance. with any applicable provisions of this Code or as criminal trespasses
pursuant to the Nation's Criminal Code. ,

§ 7-109. Administrative enforcement proceedings
A. Service of notice.

1. The Commission shall initiate enforcement proceedings for any
violation of this Title or Commission regulations by serving on the
person or the designated service agent of said person a Notice of
Violation.

2. When the Commission denies a person a gaming license he shall
serve that person with a Notice of Denial of Gaming License.

B. Contents of notice.

tL The Notice. of Violation shall state with reasonable particularity the
nature of the violation or violations, the section or sections of this
Title or of the Commission Regulations that the respondent has
violated, and the action which the respondent must take to remedy
the violation(s). The notice shall also state that all such remedial
action(s) must be completed within ten (10) days failing which, the
Commission may take one or more of the actions described in
subsection C of this section as appropriate to the nature of the
violation. The notice shall also state that the period for taking any
remedial action may be extended for good cause at the sole
discretion of the Commission for up to sixty (60) additional days
beyond the initial 10-day period, but no further extensions shall be
allowed. The Notice of Violation shall also state that, in lieu of
taking such remedial action, the respondent may serve on the
Commission a written Notice of Protest and Request for Hearing to
demonstrate why no violation has occurred and/or why the
proposed remedial action is incorrect or unauthorized in whole or in
part.

2. The Notice of Denial of Gaming License shall state with reasonable
particularity the nature of the denial including any applicable section
or sections of this Title or of the Commission Regulations. The
Notice of Denial shall also state that the respondent may serve on
the Commission a written Notice of Protest and Request for
Hearing to demonstrate why the Commission's decision is incorrect
or unauthorized in whole or in part.

Cc. Types of enforcement actions.



Page 6 of 34

NCA 18-012
2. To provide for the general welfare of the Nation and its members;
3. To promote tribal economic development;
4 To donate to charitable organizations; or
5. To help fund operations of local govemment agencies.

CHAPTER 2. MUSCOGEE (CREEK) NATION PUBLIC GAMING COMMISSION
§ 2-101. Establishment of the Muscogee (Creek) Public Gaming Commission

A. The Nation hereby establishes the. Muscogee (Creek) Nation Public
Gaming Commission (“Commission”) to regulate the Nation’s gaming operations. The
Commission shall consist of three (3) members, including a Chair, Vice-Chair and at
least one additional Commissioner that will perform functions on a part-time (or as
needed) basis. All Commissioners shall be citizens of the Muscogee (Creek) Nation.

B. The Commission shall appoint an Executive Director of the Commission.
The Executive shall be responsible for the day-to-day management of the affairs of the
Commission. A detailed background investigation shall be conducted on the Director
before appointment. The Executive Director shall perform all duties, exercise all
powers, and assume and discharge all responsibilities imposed by this Code. The
Commission shall. maintain oversight of the Director on an ongoing basis. The
Executive Director shall not have any personal interest in any gaming operations.

Cc. The Commission, via the Executive Director, will conduct oversight to
ensure compliance with tribal, federal and, if applicable, state laws and regulations. It
will serve as the licensing authority for individuals employed in the gaming operation
and will administer background investigations as part of the licensing process. The
Commission will also have a role in monitoring compliance with the gaming operation’s
intemal controls and in tracking gaming revenues. In order to carry out its regulatory
duties, the Commission shall have unrestricted, but reasonable, access to all areas of
the gaming operation and to all of its records. The Commission shall have authority to
take enforcement actions, including suspension or revocation of an individual gaming
license, when appropriate.

D. Two of the Commissioner positions shall be filled by nomination by the
Principal Chiet and consent of the National Council via Tribal Resolution. The National
Council via Tribal Resolution shall make the third Commissioner appointment.

E. Terms of office for Commissioners shall be four (4) year terms with no
holdovers and shall be staggered so that with the enactment of this Code, one of the
. Principal Chiefs nominations shall be for a two.(2) year initial term.



Page 5 of 34
NCA 18-012

1. Amounts paid out as, or paid for, prizes; and
‘ 2. Total gaming-related operating expenses, including all those
expenses of the gaming operation commonly known as operating
expenses and non-operating expenses consistent with professional
accounting pronouncements, excluding management fees.

Ss. “Primary Management Official” means:

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

2. Any person who has authority:
a. To hire and fire employees; or
b. To set up working policy for the gaming operation; or
c. The chief financial officer or other person who has financial

management responsibility.

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

T. “Tribal-State Compact” means an agreement between the Nation and a
state about Class II! gaming under 25 U.S.C. § 2710(d).

§ 1-104. Gaming Authorized.

Class II and Class Ill gaming are authorized to be conducted on the Nation’s Indian
lands, if such gaming is conducted in accordance with this law, IGRA, the NIGC’s
regulations and any other applicable laws or regulations.

§ 1-105. Ownership of Gaming

A. The Nation shall have the sole proprietary interest in and responsibility for
the conduct of any gaming operation authorized by this ordinance.

B. The Nation shall not allow or authorize individually owned gaming within
the jurisdictional boundaries of the Nation.

§ 1-106. Use of Net Gaming Revenues

A. Net revenues from tribal gaming shall be used only for the following
purposes:

1. To fund tribal government operations or programs;



Page 18 of 34
NCA 18-012

2. Provide thé licensee with written notice of the suspension and
Proposed revocation; and

3. Provide the licensee with notice of a time and place for a hearing
on the proposed revocation of the license.

B. The right to a revocation hearing vests only when a license is granted
under an ordinance approved by the NIGC Chair.

Cc. Following a revocation hearing, the Commission shall decide whether to
revoke or reinstate the license at issue.

D. The Commission shall notify the NIGC of its decision to revoke or reinstate
a license within forty-five (45) days of receiving notification from the NIGC that a
Primary Management Official or Key Employee is not eligible for employment.

§ 4-113. Records Retention

A. The Commission shail retain, for no less than three (3) years from the date
a Primary Management Official or Key Employee is terminated from employment with
the Nation, the following documentation:

1. Applications for licensing;
2. Investigative Reports; and
3. Eligibility Determinations.

§ 4-114. Licenses for Vendors

Vendors of Gaming Services, with a value of $25,000 or more annually; must have a
vendor license from the Commission in order to transact business with the Gaming
Operation. Contracts for professional legal and accounting services and any persons or
entities not meeting the definition of Gaming Services or Gaming Vendor are excluded
from licensure pursuant to this section.

§ 4-115. Submission of a Vendor License Application

In order to obtain a gaming vendor license, the business must complete a vendor
application and submit to background checks of itself and its principals. Principals of a
business include those officers, directors, managers, owners, partners and non-
institutional stockholders that either. own ten percent (10%) or more of the business’
stock or are the ten (10) largest stockholders, as well as the on-site supervisors or
managers designated in an agreement with the tribe, if applicable.

§ 4-116. Contents of the Vendor License Application



Page 8 of 34
NCA 18-012

3. Create and maintain investigative reports based on the background
investigations of Primary Management Officials and Key
Employees;

4. Obtain and process fingerprints, or designate a law enforcement
agency to obtain and process fingerprints; _

5. Make licensing eligibility determinations, which shall be signed by
the Chair of the Commission;

6. Submit a notice of results to the NIGC of the background
investigations done for each Primary Management Official and Key
Employee applicant;

7. Issue gaming licenses to Primary Management Officials and Key
Employees of. the operation, if warranted by the eligibility
determination;

8. Establish standards for licensing tribal gaming facilities;

9. Issue gaming licenses to tribal gaming facilities;

10. Inspect, examine and monitor all of the Nation’s gaming activities,
and have immediate access to review, inspect, examine, photocopy
and audit all records of the gaming establishment;

11. Ensure compliance with all tribal, state and federal laws, rules and
regulations regarding Indian gaming;

12. Investigate any suspicion of wrongdoing associated with any
gaming activities;

13. Hold hearings on patron complaint appeals in accordance with
procedures established in this ordinance and the tribal gaming
regulations;

14. Comply with any and all reporting requirements under IGRA, the
NIGC's regulations and any Tribal-State Compact to which the
Tribe is a party, and any other applicable law;

15. Promuigate and issue regulations necessary to comply with

- applicable intemal control standards;

16. Promulgate and issue regulations on the levying of fees and/or
taxes associated with gaming license applications;

17.  Promulgate and issue regulations on the levying of fines and/or the
suspension or revocation of gaming licenses for violations of this
ordinance or any iribal, federal or state gaming regulations, if
applicable;

18. Establish a list of persons not allowed to game in the Nation’s
“gaming facilities in order to maintain the integrity of the gaming
operation;

19. Establish a list of persons who have voluntarily agreed to be
excluded from the tribal gaming facility, and create regulations for
enforcing the exclusions;



Page 24 of 34
NCA 18-012

any manner affect the scope, meaning or intent of the provisions of any article or
section hereof. :

§ 6-107. Severability

The provisions of this Title are severable and if any part or provision hereof shall be
held void by a court of competent jurisdiction, the decision of the Court so holding shail
not affect or impair any of the remaining parts or provisions of the Title.

§ 6-108. Effective Date

This Act shall take effect immediately upon its approval by the NIGC Chair.
CHAPTER 7. ENFORCEMENT PROVISIONS

§ 7-101. Policy

It is hereby declared to be the policy of the Muscogee (Creek) Nation, recognizing the
close relationship between professional gambling and other organized crime, to restrain
all persons from seeking profit from unlicensed gambling activities in this Nation; to
restrain all person from patronizing such activities when conducted for the profit of any
person; to safeguard the public against the evils induced by common gamblers and
common gambling houses; and at the same time to preserve the freedom of the press;
and to avoid restricting participation by individuals in sport and social pastimes which
are not for profit, do not affect the public and do not breach the peace. All the provisions
of this Title shall be liberally construed to achieve these ends, and administered and
enforced with a view to canying out the above declaration of policy.

§ 7-102. Participating in unlicensed gambling
A. It shall be a crime to:
1. engage in, solicit, or induce another to engage in unlicensed
gambling; or

2. engage in or knowingly cause, aid, abet, or conspire with another to
engage in unlicensed professional gambling.

B. It shall be an affirmative defense for a natural person to participate in any
game, wager or transaction which is incidental to a bona fide social relationship, is
participated in by natural persons only, and in which no person is participating, directly
or indirectly, in unlicensed professional gambling. This crime shall be punishable in
accordance with MCNCA Title 14 §1-601.



gsONAL 'No,

Ones

gerry,

, &
Ve comm

May 11, 2018
Via U.S. Mail & E-mail

Zeke Fletcher

Fletcher, PLLC

333 Albert Avenue Suite 631
East Lansing, MI 48823

Re: — Muscogee (Creek) Nation Amended Class II & IIT Gaming
Ordinance, National Council Act 18-012

Dear Mr. Fletcher:

This is to inform you the Muscogee (Creek) Nation Gaming Code enacted by National Council
Act 18-012, submitted to the NIGC February 8, 2018, is approved by operation of law.

Pursuant to the Indian Gaming Regulatory Act, the NIGC Chair has ninety days from the date of
submission to either approve or disapprove a gaming ordinance.' Any ordinance not acted upon at the end
of the ninety day period is considered to have been approved by the Chair to the extent it is consistent
with the provisions of IGRA.’ Because no action was taken by the Chair within the ninety day period, the
Tribe’s ordinance is considered approved to the extent it is consistent with IGRA. It is the opinion of the
Office of General Counsel that the Gaming Code is fully compliant with the requirements of IGRA.

If you have any questions, please feel free to contact NIGC Associate General Counsel Heather
Corson.

Sincerely,

Mechew i, ——

Michael Hoenig
General Counsel

ce: By E-mail only:
Kevin Dellinger, Muscogee (Creek) Nation Attorney General
(email: kdellinger@menag.com)
Yvonne ‘liger, Gaming Operations Authority Board Legal Counsel
(email: ytiger@campbelltiger.com)

"25 U.S.C. § 2710(e).
"Id.

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Sop # 1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Paul, MN; Tulsa OK; Oklahoma City, OK
WWW.NIGC.Gov


Page 11 of 34
NCA 18-012

Cc. The Commission shall require that a facility license application be
completed by the Chief Executive Officer of the GOAB for each.gaming place, facility or
location.

D. The Commission shall identify the environmental, health and public safety
standards with which the place, facility or location must comply, and specify the form,
conditions and content of a facility license application. The application shall include:

1. A legal description of the lands upon which the facility is located,
and;

2. A certification that the site constitutes “Indian lands,” as defined in
IGRA, the NIGC’s regulations, NIGC Office of General Counsel and
DOI Solicitor Offices’ Indian lands legal opinions, judicial decisions
and any other applicable law.

E. The Commission shall only issue a facility license if the application
includes the required information and documentation, and sufficiently satisfies any
additional conditions deemed necessary by the Nation.

F. The Commission shall submit to the NIGC Chair a notice that issuance of
a facility license is under consideration by the Commission. This notice must be
submitted at least one hundred twenty (120) days before the opening of any new place,
facility or location on Indian lands where Class I! or Class Ill gaming will occur.

G. The facility license natice shall contain the information and documentation
set forth in 25 C.F.R. § 559.2(b).

H. The Commission shall submit a copy of each newly issued or renewed
facility license to the NIGC Chair within thirty (30) days of issuance, along with any other
required documentation.

I The Commission shall notify the NIGC Chair within thirty (30) days if a
facility license is terminated or expires, or if a gaming place, facility or location closes or
Teopens.

§ 4-102. License Application Forms
A. The following notice shall be placed on the tribe’s license application form

for a Key Employee or a Primary Management Official before it is filled out by an
applicant:

In compliance with the Privacy Act of 1974, the following information
is provided: Solicitation of the information on this form is authorized



Page 10 of 34
NCA 18-012

Commission. The Commission may act in its official capacity, even if there are
vacancies on the Commission. :

N. Commissioners shall be compensated at a level determined by the
National Council and the Principal Chief and consistent with the Commissioners
performing their functions on a part-time (or as needed) basis. In order to ensure the
Commission is: not improperly influenced, a Commissioner's compensation shall not be
based on a percentage of gaming revenue.

©. The Commission shall keep a written record of all its meetings.
CHAPTER 3. AUDITS
§ 3-101. Audits

A. The Nation shall cause to be conducted independent audits of gaming
operations annually and shall submit the results of those audits to the NIGC. Annual
audits shall conform to generally accepted auditing standards.

B. All Gaming Services pursuant to Section 1-103(J) contracts that exceed
$25,000 in any year (except contracts for professional legal and accounting services)
shall be specifically included within the scope of the audit conducted under subsection
‘(A) of this Chapter. .

C.. Copies of the annual audit of each licensed gaming operation, and each
audit for Gaming Services of each gaming operation, shall be fumished to the NIGC
within one hundred twenty (120) days after the end of each fiscal year of the gaming
operation. :

CHAPTER 4. LICENSING
§ 4-101. Facility Licenses
A. The Commission shall issue a separate license to each place, facility or
location on Indian lands where Class II or Class Ili gaming is conducted under this Act.
No gaming shall occur on lands within the jurisdiction of the Muscogee (Creek) Nation
unless such license is issued by the Commission.

B. The Commission is responsible for issuing new or renewed facility
licenses to each place, facility or location.



Page 31 of 34
NCA 18-012

G. Commission's decision. :

The Commission's order and decision rendered after the hearing shall be in writing and
shall state, as appropriate, the following:

1. The nature of any violation(s) of this Title;

2. The sections of this Title violated by the respondent;

3. Whether any license acquired by the respondent shall be revoked
suspended, ‘limited, or denied and, if so, the date on which the
revocation, suspension, limitation or denial shall be effective and
the duration of any suspension or limitation so ordered;

4. The amount of any fine or penalty assessed;

5. Any other enforcement action, conditions or requirements which the
Commission may impose consistent with this title; and

6. A statement that the respondent possesses appeal rights pursuant
to Title 21, § 7-110 and that the respondent may seek review of the
Commission’s: decision by filing a Petition for Review of the
Commission's decision with the District Court of Muscogee (Creek)
Nation within thirty (30) days. of said decision, failing which the
decision shall.be final and not subject to judicial review.

§ 7-110. Judicial review of Commission's decision
A. Petition for review.

Any person found by the Commission to have violated any provision of this Title or
Commission regulation after hearing may seek review of the Commission’s decision by
filing a Petition for Review of the Commission's decision with the District Court of the
Muscogee : (Creek) Nation within thirty (30) days of said decision, failing which the
decision shall be final and not subject to judicial review. The Commission shall promptly
file the full record of the proceeding, including the notice of appeal, with the Muscogee
(Creek) Nation District Court.

B. Standard for review.

In hearing the appeal, the Muscogee (Creek) Nation District Court shall give proper
deference to the administrative expertise of the Commission. The Muscogee (Creek)
Nation District Court shall not.set aside, modify, or remand any determination by the
Commission unless it finds that the determination is arbitrary and capricious,
unsupported by substantial evidence or contrary to law.

Cc. Legal representation.



Page 30 of 34
NCA 18-012

The Notice of Violation required in subsection B of this section shall. include a
description of the actions which may be taken by the Commission and the respondent's
potential liability for civil fines and criminal prosecution, as appropriate to the nature of
the. specific violation involved, including without limitation the penalties specified in Title
21, § 7-108 and any other penalties specified in this Title or the Criminal Offenses Code
of the Muscogee (Creek) Nation:

D.. Remedial action; Notice of Protest and Request for Hearing.

Upon receipt of the Notice of Violation, the respondent shall take all remedial action

- described therein within the time allowed or, in lieu of taking such remedial action, shall
serve upon the Commissioner the written Notice of Protest and Request for Hearing
described in subsection B of this section.

E. Notice of Hearing on Proposed Enforcement and/or Penalties.

In the event any respondent who has been served with a Notice of Violation fails to take
all remedial action stated therein within the time allowed or to request a hearing as
provided by subsection D of this section, the Commission shall serve such respondent
or the respondent's service agent with a Notice of Hearing on Proposed Enforcement
and/or Penalties. Said notice shall state the time and place of the hearing, the amounts
of any proposed fines or other penalties, and/or describe ‘any other enforcement action
authorized hereunder, including without limitation, revocation or suspension of any
license and the closure of the gaming facility. The notice shall also state that if the
respondent fails to appear and show cause why the. proposed enforcement: action
should not be taken or the proposed fines and/or penalties assessed, then the
.fespondent shall be conclusively deemed to have confessed to the violation(s) de-
scribed in the Notice of Violation and that the proposed enforcement action and/or fines
or penalties shall be taken and/or assessed against the respondent, without right of
judicial review.

F. Hearing.

The hearings authorized in this section shall be informal. The respondent shall be
afforded the opportunity to explain and/or show cause to the Commissioner why no
violation has occurred and/or why the proposed enforcement, fine or other penalty, or -
license denial is incorrect or unauthorized under this Title. The respondent may be
represented by counsel and the Commission may request attendance by the Office of
the Attomey General in an advisory capacity. The Commission may render his decision
at the conclusion of the hearing or at any time thereafter. The Commission may, in his
discretion, postpone his decision in order to further investigate the violation and/or
formulate the appropriate enforcement action and/or fine or penalty.



Page 7 of 34
NCA 18-012

F. The following persons are not eligible to serve as Commissioners:
members of the National Council; current employees of the gaming operation; gaming
contractors (including any principal of a management or other contracting company);
persons directly related to, or sharing a residence with, any of the above; and persons
ineligible to be’ Key Employees or Primary Management Officials. The Nation shall
require a criminal history check with appropriate law enforcement agencies for each
Commissioner candidate; shall review the candidate's criminal history check results;
and shail make an appropriate eligibility determination before appointing an individual to
the position of Commissioner.

G. The Nation recognizes the importance of an independent gaming
regulatory entity in maintaining a well-regulated gaming operation. The Commission
shall be independent of, and act independently and autonomously from, the Nation in all
matters within its purview. No prior, or subsequent, review by the Nation of any actions
of the Commission shall be required or permitted except as otherwise explicitly provided
in this ordinance. To avoid potential conflicts of interest between the operation and
regulation of the gaming facility, the Nation requires that, at a minimum:

1. No officials of the Nation or of the Gaming Operations Authority
Board (“GOAB”) may serve concurrently on the Commission;

2. No member directly related to, or living with, any National Council
member or member of the GOAB may serve on the Commission;

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

4. Commissioners are prohibited from accepting complimentary items
from the gaming operation, excepting food and beverages valued
under $50; and

5. Commissioners may only be removed from office, prior to the
expiration of their respective terms, as provided in MCNCA Title 31.

H. Nominees for Commissioner positions must satisfy the eligibility standards
set forth for Primary Management Officials and Key Employees found in § 4-108 of this
Act. All requisite background investigations shall be performed under the direction of the
Office of the Attomey General.

I. The Commission, via the Executive Director, shall:

1. Conduct background investigations, or cause such investigations to
be conducted, for Primary Management Officials and Key
Employees;

2. Review and approve all investigative work conducted in connection
with the background investigations of Primary Management
Officials and Key Employees;



Page 21 of 34
NCA 18-012

The investigator shall complete an investigative report covering each of the steps taken
in the background investigation of the gaming vendor and its principals, and present it to
the Commission.

§ 4-120. Exemption for Vendors Licensed by Recognized Regulatory Authorities
The Commission may adopt regulations naming specific licensing authorities that it
recognizes and may authorize exemptions to the vendor licensing process for vendors
who have received a license from one of the named regulatory authorities.

CHAPTER 5. PATRON DISPUTE RESOLUTION
§ 5-101. General Managers Responsibility
It shall be the responsibility of the general manager of.a particular gaming facility, or the
general manager's designee, to resolve such patron disputes as may be initiated by a
patron arising from the conduct of play at such facility.
§ 5-102. Name Display

The name of the general manager with responsibility for a specitic gaming facility shall
be prominently displayed at such gaming facility.

§ 5-103. Manger’s Designee

At all times, when the general manager is not available, said general manager shall
designate a specific person as the manager designee for purposes of dispute resolution
and the name of the person so designated at that specific time shall also be prominently
displayed. Such designee shall act in place of the manager to resolve disputes during
the time authorized.

§ 5-104. Notice of Dispute

Any aggrieved patron shall immediately provide notice of the employee(s) involved and,
if unsatisfied by the result, thereupon must bring such grievance to the attention of the
general manager or to the general manager's designee.

§ 5-104. Delays in Reporting

Any delay in reporting such a dispute to the gaming manager, or designee, may be
considered by the gaming manager as a mitigating factor against the grievance.. Failure
to report the grievance during the session at which the grievance allegedly arose may,



Page 27 of 34
NCA 18-012

of the seizure, it being the intention of this section to forfeit only the right, title, or interest
of the purchaser. If the amount due to such person is less than the value of the
property, or if no bona fide claim is established, the property shall be forfeited to the
Muscogee (Creek) Nation and sold under judgment of the court, as on sale execution, in
accordance with law.

E. All property forfeited shall be destroyed, sold at public auction, or utilized
by the Commission. Bona fide liens against property so forfeited shall, on good cause
shown by the lienor, be transferred from the property to the proceeds of the sale of the
property. Forfeited monies and other proceeds realized from the enforcement of this
subsection shall be paid into the general fund of the Muscogee (Creek) Nation and
deposited in the Treasury of the Muscogee (Creek) Nation.

§ 7-108. Sanctions and Banishment

Any licensee who violates any of the provisions of this Title, Commission regulations, or
conditions of their license shall be in violation of this Title and, in addition to any criminal
liability, is subject to a civil fine not to exceed one thousand dollars ($1,000) per
violation. ‘Each day of violation shall constitute a separate violation of this Title.
Licensees who violate this Title or Commission regulations may have their licenses
suspended, revoked, or limited. Establishments in violation of this Title or Commission
regulations may be forcibly:closed. Any such action shall be taken at the discretion of
the Commissioner.

A. Temporary banishment by General Manager or authorized security
personnel.

The General Manager (or Manager on Duty) of any Muscogee (Creek) Nation gaming
facility or an authorized security personnel of such a facility, may issue a temporary
banishment notice prohibiting a person from entering arly Muscogee (Creek) Nation
gaming facility for a period not to exceed thirty (30) days. Said notice of temporary
banishment (whether written or verbal) may be issued upon any person, including a
terminated gaming facility employee, who: (i) the General Manager (or Manager on
Duty) or authorized security personnel determines to be an immediate threat to the
safety or economic welfare of the Nation's employees, patrons, or facilities, (ii) is
observed to violate any provision of this Code or Commission regulation at that facility,
(iii) is observed to violate Tribal, state, or federal law at that facility, or (iv) is known to
have been judicially or administratively determined to have violated any Tribal, state or
federal law while at any gaming facility, regardless of where located.

B. Self-Exclusions; Permanent Banishment; Commission authority.



Page 3 of 34
NCA 18-012

: D. “Commission” means the Muscogee (Creek) Nation Public Gaming
Commission established to perform regulatory oversight and to monitor compliance with
tribal, federal and applicable state regulations.

E. “Commissioner” means an individual Muscogee (Creek) Nation Public
Gaming Commissioner. :

F. “Directly related to” means a spouse, child, parent, grandparent,
grandchild, aunt, uncle or first cousin.

G. “Facility License” means a separate license issued by the Nation to each
place, facility or location on Indian lands where the Nation elects to allow Class II or
Class Ill gaming.

H. “Gaming Employee” means any Key Employee, any Primary Management
Official or any other person employed by the Gaming Operation who performs gaming
related activities, including: those persons whose employment duties require or
authorize access to restricted gaming related areas of the gaming facility. Gaming
Support Employees are not Gaming Employees.

1. “Gaming Operation” means each economic entity that is licensed by the
Nation, operates the games, receives the revenues, issues the prizes and pays the
expenses. A gaming operation may be operated by the Nation directly; by a
management contractor; or, under certain conditions, by another person or entity.

J. “Gaming Services” means the providing of any amount of services,
supplies, or equipment unique to the operation of gaming, in an amount exceeding
$25,000.00 in any year to a Gaming Operation in connection with the-operation of Class
I! or Class III gaming. For purposes of this definition and the definition of Gaming
Vendor, “unique to the operation of gaming” means any Gaming Services that are used
or provided that are specific of the operation of a gaming facility. Examples of vendors’
that do not provide Gaming Services under this definition include, but are not limited to,
publicly-traded entities, entertainers or entertainment companies, public utilities, entities
licensed or regulated by the State of Oklahoma, media entities (television, radio,
billboard, etc), and other professional services.

K, “Gaming Support Employee” means any employee or person employed by
the Gaming Operation who performs employment duties that are not gaming related
activities and do not meet the definition of “Gaming Employee,” including employees
having access to non-public areas but not restricted related areas of the gaming facility.
Gaming Support Employees are not subject to licensure by the Commission.



Page 14 of 34
NCA 18-012

11.

12.
13.
14.

years of the date of the application, and is not otherwise listed
pursuant to paragraphs (C)(8) or (C)(9) of this Section, the criminal
charge, the name and address of the court involved, and the date
of disposition, if any;

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.

Any other information the Nation deems relevant; and

Fingerprints obtained in accordance with procedures adopted by
the Nation pursuant to 25 C.F.R. § 522.2(h).

D. ‘When a Primary Management Official or Key Employee is employed by
the Tribe, a complete application file, containing all of the information listed in § 4-
105(C), shall be maintained.

§ 4-106. Procedures for Conducting Background Investigations

A. The Commission, or its agent, shall employ or engage an investigator to
conduct a background investigation of each applicant for a Primary Management Official
or Key Employee position. The investigation must be sufficient to allow the Commission
to make an: eligibility determination under § 4-106 of this Act. The investigator shall:

1.

2
3.
4

Verify the applicant’s identity through items such as a social
security card, driver's license, birth certificate or passport;

Contact each personal and business reference provided in the
license application, when possible;

Conduct a personal credit check;

Conduct a civil history check for past or outstanding judgments,
current liens, past or pending lawsuits. and any other information
deemed to be relevant;

Conduct a criminal history records check by submitting the
applicant's fingerprints to the NIGC or to another law enforcement
agency for forwarding to the FBI to perform a criminal history
records check utilizing the FBI's database;

Based on the results of the criminal history records check, as well
as information acquired from an applicant's self-reporting or from
any other source, obtain information from the appropriate court
regarding any past felony and/or misdemeanor convictions or
ongoing prosecutions within the past ten (10) years;



Page 16 of 34
NCA 18-012

background investigation to submit to the NIGC. The notice of results must be submitted
to the NIGC no later than sixty (60) days after the applicant begins working for the Tribe.

B. The notice of results shall include the following information:

1. The applicant's name, date of birth, and social security number;

2. The date on which the applicant began, or will begin, working as a
Primary Management Official or Key Employee;

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

a. licenses that have previously been denied;

b. gaming licenses that have been revoked, even if
subsequently reinstated;

c. every known criminal charge brought against the applicant
within the last ten (10) years of the date of the application;
and

d. every felony offense of which the applicant has been
convicted or any ongoing prosecution; and

4. A copy of the eligibility determination made in accordance with § 4-
108. .

§ 4-110. Granting Gaming Licenses

A. All Primary Management Officials and Key Employees of the gaming
operation must have a gaming license issued by the Nation. Gaming Support
Employees are not subject to the licensure provisions of this Act.

B. The Commission is responsible for granting and issuing gaming licenses
to Primary Management Officials and Key Employees.

C. The Commission may license a’ Primary Management Official or Key
Employee applicant after submitting a notice of results of the applicant's background
investigation to the NIGC, as required by this Chapter.

D. The Commission shall notify the NIGC of the issuance of a license to a
Primary Management Official or Key Employee within thirty (30) days of issuance.

E. The GOAB shall not employ an individual in a Primary Management
Official or Key Employee position who does not have a license after ninety (90) days of
beginning work at the gaming operation.



Page 2 of 34
NCA 18-012

the Muscogee. (Creek) Nation, the Attomey General is hereby authorized: (1) to
approve any changes related to the manner in which sections, articles, chapters and
sub-chapters are designated consistent with the format in the Code of Laws published
in 2010 by West Publishing Company; (2) to include footnoted references to the
legislative history in said pocket parts to the Code of Laws and (3) to note in said pocket
parts any editorial correction of minor clerical or grammatical errors in the following new
law:

TITLE 21. GAMING
CHAPTER 1. GENERAL PROVISIONS AND DEFINITIONS

§ 1-101. Purpose

The National Council of the Muscogee (Creek) Nation is empowered by Art. VI of the
Constitution of the Muscogee (Creek) Nation to enact laws, hereby enacts this law in
order to govem and regulate the operation of Class II and Class II! gaming operations
on the Nation’s Indian lands.

§ 1-102. Applicability

Unless specifically indicated otherwise, all provisions of this law shall apply to Class I!
and Class III gaming on the Nation's Indian lands.

§ 1-103. Definitions

The following terms shall have the same meaning and effect as those same terms are
defined in the Indian Gaming Regulatory Act (‘IGRA”), 25 U.S.C. §§ 2701 et seq., and
the National Indian Gaming Commission (“NIGC”) regulations, 25 C.F.R. §§ 500 et seq.,
if they are defined in IGRA and the NIGC’s regulations.

A. “Class.1 gaming” means those gaming activities as defined as Class |
gaming in IGRA at 25 U.S.C. § 2703(6), and the NIGC’s regulations at 25 C.F.R. §
502.2.

B. “Class Il gaming” means those gaming activities as defined as Class II
gaming in IGRA at 25 U.S.C. § 2703(7), and the NIGC’s regulations at 25.C.F.R. §
502.3.

C. “Class Ill gaming” means those gaming activities as defined as Class III
gaming in IGRA at 25 U.S.C. § 2703(8), and the NIGC’s regulations at 25 C.F.R. §
502.4.



Page 25 of 34
NCA 18-012

§ 7-103. Possession of unlicensed gambling device

It shall be a crime to knowingly own, manufacture, possess, buy, sell, rent, lease, store,
repair or transport any unlicensed gambling device, or offer or solicit any interest
therein; whether through an agent, employee or otherwise. If a person is also in
possession of an unlicensed gambling record, such person shall be presumed to be in
knowing possession of the gambling device. This crime shall be punishable’ in
accordance with MCNCA Title 14 §1-601.

§ 7-104. Gambling premises

A. It shall be a crime to own, lease, employ, operate, occupy, or otherwise
knowingly maintain, aid, or permit an unlicensed gambling premise. This crime shall be
punishable in accordance with MCNCA Title 14 §1-601.

B. All unlicensed: gambling premises are common nuisances and shall be
subject to abatement by injunction or as otherwise provided by law. In any action
brought under this subsection the plaintiff need not show damages and may, in the
discretion of the court, be relieved of all requirements as to giving security.

Cc. When any property or premise is determined to be an unlicensed gam-
_ bling premise, an owner, who does not have knowledge of the illegal use, shall have the
tight to terminate all interest of anyone holding the same under him.

D. — When any property or premise for which one or more licenses, permits, or
certificates issued by the Nation are in effect is determined by the District Court of the
Muscogee (Creek) Nation to be a gambling premise all such licénses, permits, and
certificates shall be void, and no license, permit, or certificate so cancelled shall be
reissued ‘for such, property or premise for a period of six (6) months thereafter.
Enforcement of this. subsection shall be the duty of the Commissioner, the Muscogee
(Creek) Nation Tax Commissioner, and any other taxing or licensing official of this
Nation.

§ 7-105. Operating without a license.

It shall be a crime to engage in gaming activities without the appropriate license, in
violation of the terms. imposed on the license, or in violation of this Title or
Commissioner regulations. Each day of violation shall constitute a separate count or
violation of this Title. This crime shall be punishable in accordance with MCNCA Title 14
§1-106.

§ 7-106. Property subject to forfeiture



NCA 18-012

CLASSIFICATION: #21. GAMING

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING NCA 17-081 (A LAW
OF THE MUSCOGEE (CREEK) NATION REPEALING MCNCA TITLE 21, ENTITLED
“GAMING” AND CREATING A NEW TITLE 21, ENTITLED “GAMING”)

Be it enacted by the National Council of the Muscogee (Creek) Nation:

SECTION ONE. AMENDMENT. This amendment shall be codified in Title 21 of the
Code of Laws of the Muscogee (Creek) Nation; provided that for purposes of
codification of said amendment and its inclusion in pocket parts of the Code of Laws of
the Muscogee (Creek) Nation, the Attorney General is hereby authorized: (1) to
approve any changes related to the manner in which sections, articles, chapters and
sub-chapters are designated consistent with the format in the Code of Laws published
in 2010 by West Publishing Company; (2) to include footnoted references to the
legislative history in said pocket parts to the Code of Laws and (3) to note in said pocket
parts any editorial correction of minor clerical or grammatical errors in the following
amendment, without further National Council approval:

SECTION TWO. AMENDMENT. NCA 17-081 is hereby amended to read as follows:

SECTION ONE. FINDINGS. The National Council finds that:
A. In 2015, the National Indian Gaming Commission (“NIGC”) issued

Bulletin No. 2014-2 and offered a revised Model Gaming Ordinance to assist tribes with
meeting the ordinance requirements of the Indian Gaming Regulatory Act (“IGRA") and
the NIGC’s regulations promulgated to implement the provisions of IGRA. :

B. To ensure the Nation’s compliance and consistency with IGRA and NIGC
regulations the repeal of Title 21 is necessary and replacing the law utilizing the NIGC’s
Model Gaming Ordinance as the foundation for the new law will ensure compliance and
consistency.

SECTION TWO. REPEALER. MCNCA Title 21, Entitled “Gaming” is hereby
repealed.

SECTION THREE. NEW LAW. The following new law shall be codified in Title 21, of
the Code of Laws of the Muscogee (Creek) Nation; provided that for purposes of
codification of said amendment and its inclusion in pocket parts of the Code of Laws of



Page 33 of 34
NCA 18-012

Any final finding or determination of the Commission not timely appealed, any final and
unappealed determination of the Muscogee (Creek) Nation District Court, and any final
Muscogee (Creek) Nation Supreme Court decision in proceedings pursuant to appeal
shall be final and binding in any other proceeding against or by the same person before
the Commission or the District Court of the Muscogee (Creek) Nation.

§ 7-114. Identity of informant

The Commission may refuse to reveal, at any court proceeding, the identity of any
informant, if such revelation would subject the informant to bodily harm.

SECTION THREE. EFFECTIVE DATE. This Act shall become effective upon proper
approval and execution in accordance with the requirements of the Muscogee (Creek)
Nation Constitution and sixty (60) days after the Nation receives notice of the National
Indian Gaming Commission's approval of the Act.

ENACTED by the Muscogee (Creek) National Council on this 27" day of January,
2018.

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.
ian Tiger pea

National Council
Muscogee (Creek) Nation

CERTIFICATION

|, the undersigned, certify that the foregoing is a true extract from the minutes of the
Muscogee (Creek) National Council co! priced ot of Sixteen members with Fourteen
members attending this meeting on the 27" day of January, 2018 and that the above is
in conformity with the provisions therein adopted by a vote of 13 in favor, 0 against, and
that said Law has not been rescinded or amended in any way and the above is the
signature of the Speaker of the National Council.

Kristie A. Sewell, bode Secretary

Muscogee (Creek) National Council

a aaa aL ae ll



Page 28 of 34
NCA 18-012

In the event a person submits a written notice of self-exclusion or the General Manager
{or Manager on Duty) of any Muscogee (Creek) Nation gaming facility or an authorized
security personnel of such a facility issues a permanent banishment notice, such person
shall be permanently banned from all Muscogee (Creek) Nation gaming facilities. (For
purposes of clarification, this subsection B does not apply to temporary banishments
issued under subsection A). Any permanent banishment notice shall be served by
providing a written notice. stating the reason for the permanent banishment and the
person's right to a hearing before the Commission. The notice of permanent banishment
shall be effective when delivered personally or by certified mail to the last known
address of the subject of the temporary banishment notice. A copy of the notice of
permanent banishment shall be delivered personally, by regular mail, electronic mail or
by facsimile transmission to all Muscogee (Creek) Nation gaming facilities, including
gaming facilities operated by Chartered Indian Communities and to the Commission
within forty-eight (48) hours of issuance. After receipt that the notice of permanent
banishment is received upon service or delivery by mail the banishment remains in
effect until expiration of such banishment or the Commission revokes a permanent
banishment pursuant to the appeal process herein. The Commission is authorized to
issue a final banishment order only after all conditions and requirements of subsection
C of § 7-108 of this Title have been met.

C. Final banishment order by the Commission.

The Commission may issue a final order banishing from the Nation’s gaming facilities
for a period not to exceed five (5) years to any person who the Commission determines:
(i) is a potential threat to the safety or economic welfare of the Nation's employees,
patrons or facilities, (ii) has violated any provision of this Code or Commission
regulations, (iii) has violated Tribal, state or federal law while at any of the Nation’s
gaming facilities or (iv) has been judicially or administratively determined to have
violated any Tribal, state or federal law while at any gaming facility, regardless of where
located. The Commission may issue a final banishment order only after notice of
hearing is served on the person stating that if the person fails to appear and show
cause why:a final:‘banishment order should not be issued, then a final banishment order
may be issued without right of judicial review. The Commission's final banishment order
shall state specifically the reason for the banishment, the length of time of the
banishment and the person’s right, if any, to appeal the Commission’s banishment order
to the District Court in accordance with the procedural requirements of § 7-110 of this
Code. The fina! banishment. order shall be served personally or sent by certified mail to
the last known address of the subject of the banishment order.

D. Enforcement of temporary banishment notice and final banishment order.

Temporary banishment notices may be enforced as criminal trespasses pursuant to the
Nation’s Criminal Code: Final banishment orders may be enforced by the Commission



Page 12 of 34
NCA 18-012

by 25 U.S.C. §§ 2701 et seq. The purpose of the requested
information is to determine the eligibility of individuals to be granted
a gaming license. The information will be used by the Tribal gaming
regulatory authorities and by the National Indian Gaming
Commission members and staff who have need for the information in
the performance of their official duties. The information may be
disclosed by the Tribe or the NIGC to appropriate Federal, Tribal,
State, local, or foreign law enforcement and regulatory agencies
when relevant to civil, criminal or regulatory investigations or
prosecutions. or when pursuant to a requirement by a tribe or the
NIGC in connection with the issuance, denial, or revocation of a
gaming license, or investigations of activities while associated with a
tribe or a gaming operation. Failure to consent to the disclosures
indicated in this notice will result in a tribe being unable to license
you for a Primary Management Official or Key Employee position.

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

B. The following additional notice shall be placed on the application form for
a Key Employee or a Primary Management Official before it is filled out by an applicant:

A false statement on any part of your license application may be grounds
for denying a license or the suspension or revocation of a license. Also,
you may be punished by fine or imprisonment (U.S. Code, title 18, section
1001).

§ 4-103, License Fees

The Nation may charge a license fee, to be set by the Commission, to cover its
expenses in investigating and licensing Key Employees and Primary Management
Officials of the gaming operation.

§ 4-104. Fingerprints

The Commission shall perform a background investigation for each Primary
Management Official and Key Employee of the gaming operation. The Nation shall
request fingerprints from: each Primary Management Official and Key Employee.
Fingerprints shall be taken by Commission. Fingerprints will then be forwarded to the
NIGC for processing through the Federal Bureau of Investigation (‘FBI’) and the
National Criminal Information Center to determine the applicant's criminal history, if any.



Page 15 of 34
NCA 18-012

7. Inquire into any previous or existing business relationships with the
gaming industry, including with any tribes with gaming operations,

. by contacting the entities or tribes;

8. Verify the applicant’s history and current status with any licensing
agency by contacting the agency; and

9. Take other appropriate steps: to verify the accuracy of the
information, focusing on any problem areas noted.

§ 4-107. Investigative Reports

A. The Tribe shall create and maintain an investigative report for each
background investigation of a Primary Management Official or Key Employee.

B. Investigative reports shall include all of the following information:

1. Steps taken in conducting the investigation;
2. Results obtained;

3. Conclusions reached; and

4. The basis for those conclusions.

§ 4-108. Eligibility Determinations

A. Before a license is issued to a Primary Management Official or Key
Employee, an authorized Commission official shall make a finding conceming the
eligibility of that person for receiving a gaming license by reviewing the applicant's prior
activities, criminal record, if any, and reputation, habits and associations.

B. If the authorized Commission official, in applying the standards adopted in
this ordinance, determines that licensing the person poses a threat to the public interest
or to the effective regulation of gaming, or creates or enhances the dangers of
unsuitable, unfair or illegal practices, methods and/or activities in the conduct of gaming,
he or she shall not license that person in a Key Employee or Primary Management
Official position.

C. — Copies of the eligibility determination shall be included with the notice of
results that must be submitted to the. NIGC before the licensing of a Primary
Management Official or Key Employee.

§ 4-109. Notice of Results of Background Investigations

A. Before issuing a license to a Primary Management Official or Key
Employee, the Commission shall prepare a notice of results of the applicant's