Viola Hatch, Tribal Chairperson 

Cheyenne and Arapaho ~ribes of Oklahoma 

100 Red Moon Circle 

Concho, Oklahoma 73022 

Dear Chairperson Hatch: 

This'letter responds to your request to review and approve the 

tribal gaming ordinance adopted by the Cheyenne and Arapaho 

Tribes of Oklahoma on April 3, 1993, and amended on February 17, 

1994. This letter constitutes such approval under the Indian 

Gaming Regulatory Act (IGRA) . Under the IGRA and the regulations of the National Indian Gaming 

Commission (NIGC), the chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

regulatiork. Thus, the scope of the Chairman's review and 

approval is limited to the requirements of the IGRA and the NIGC 

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not subject to review and approval. Also, such 

approval does not constitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairman's approval of the Tribe's gaming ordinance, the 

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

primary management official pursuant to 25 C.F.R. § 556.5(a) and 

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

official pursuant to 25 C.F.R. S 556.5(b). 

Thank you for submitting the ordinance of the Cheyenne and 

Arapaho Tribes of Oklahoma for review and approval. The NIGC 

staff and I look forward to working with you and the Tribe in 

implementing the IGRA. 

sincerely yours, 

Anthony J. Hope 

Chairman 

cc: James B. Druck 

- 1850 M STREET. N.W.. SUITE 250 WASHINGTON. D C 20036 TEL: 202-632-7003 FAX. 202-632-7066 
CHEYENNE-ARAPAHO TRIBES OF OKLAHOMA 

GAMING ORDINANCE 

Adopted by the 28th Business Committee 

April 3, 1993 

Amended by the 29th Business Committee 

February - 17 , 1994 
CHEYENNE AND ARAPAHO TRIBES OF OKLAIIOMA GAMING ORDINANCE 

TITLE I. GENERAL PROVISIONS 

Section 100. Short title 

This ordinance shall be known and may be cited as the Cheyenne and 

Arapaho Tribes of Oklahoma Gaming Ordinance. 
a Section 101. Findings and Intent. 

The Cheyenne and ~ra~aho Tribes of Oklahoma finds that: 

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

membership to form a more perfect union, develop our natural 

resources, insure our domestic tranquility, promote the 

general welfare, to enjoy certain rights of home rule, to 

provide education in schools of higher learning including 

vocational, trade, high schools, and colleges for our people, 

and to secure the opportunities offered us under the Indian 

Reorganization Act. . . It [Preamble to the Constitution and 

Bylaws of the Tribe]. 

(b) The Cheyenne and Arapaho Tribes of Oklahoma desire to be 

self-sufficient in its internal affairs as continued reliance 

upon federal and other resources will adversely affect the 

quality of life of this Tribe. 

(c) Public gaming operations have been introduced to the 

Cheyenne and Arapaho Tribes of Oklahoma and it is of vital 

interest to the public health, safety, and welfare of the 

Cheyenne and Arapaho people that the Tribe promote and 

regulate public gaming in a manner commensurate with the 

interests of the Cheyenne and Arapaho Tribes of Oklahoma. 

(dl ~y virtue of the treaties between the United States of 

America and the Cheyenne and Arapaho Tribes of Oklahoma and 

federal statutes and court decisions which together have 

established and maintained the doctrine of Indian sovereignty, 

there remains the federal guarantee of the perpetual integrity 

of the Cheyenne and Arapaho Tribes of Oklahoma. 

(e) The Cheyenne and Arapho ~ribes of Oklahoma require an 

economic base by which Tribe may generate revenues in order to 

promote its self-sufficiency and fund essential governmental 

services. 

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

Tribe is in the best interest of the Cheyenne and Arapaho 

Tribes of ~klahoma. 

Further, the Cheyenne and Arapaho Tribes of Oklahoma Tribal 

Business Committee determines that the intent of this ordinance is 

to: 

(g) Authorize, regulate and control gaming on lands over 

which the Cheyenne and Arapaho Tribes of Oklahoma exercise 

governmental authority or control; 
(h) Provide revenue generated by the Tribe's licensed gaming 

operations,' to fund tribal government operations and programs, 

and to promote the general welfare of the Tribe; 

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

Gaming Commission, and other federally recognized tribes in 

the regulation of Tribal gaming; 

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

development; and 

(k) Ensure that Tribal gaming is conducted fairly and 

honestly both by the operator and the players as a genuine 

means of providing both recreation and entertainment, free 

from organized crime and other corrupting influences. 
Section 102. Definitions. 

The following woids and phrases when used in this Ordinance shall 

have the meanings respectively ascribed to them in this section: 

(a) "TribeN shall mean the Cheyenne and Arapaho Tribes of 

Oklahoma, a federally recognized Indian tribe organized under 

Section 16 of the Indian Reorganization Act of 1934. 

(b) "Business Committeeu shall mean the governing body of the 

Tribe, duly elected in accordance with the provisions of the 

Constitution of the Tribe. 

(c) . n~ompactu shall mean an agreement or other instrument 

concerning the operation of games of chance, entered into or 

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

Gaming ~egulatory Act of 1988, between the Tribe and the State 

of Oklahoma, or as may otherwise be approved by the Secretary. 

(dl "~airbling equipmentN shall mean any and all goods, 

materials, machines or devices used to conduct gaming 

activities by the tribe. 

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

opportunity to participate in a game or games of chance (risk) I 

for a prize oi money or something of value; to operate, carry , 

on, conduct, maintain, or expose for play, money, property, or 

any representative of value wherein the outcome of a game is , 

decided by chance or in which chance is a material element, 1' 

but does not include social games played solely for consumable 

goods, i. e., foodstuffs or games played in private homes or 

residences for prizes or games operated by charitable and 

educational organizations which are approved by the Council. 

(f) "Gaming enterprise" shall mean any commercial business 

owned by the ~ribe and operated, in part or in whole, for the 

conduct of class I1 or Class I11 gaming as delineated by the 

Indian Gaming Regulatory Act of 1988, 25 USC 82701 et. seq. 

and/or by virtue of the Tribe's exercise of its governmental 

powers and authority as a sovereign nation. 

(g) "Gaming Manageru shall mean a person, organization or 

entity that conducts the management of gaming at a Tribe 

gaming enterprise; including an entity entering into a 

management contract with the Tribe or the Tribe itself 

including any subdivision thereof. 

(h) "Gaming test laboratoryu shall mean, a laboratory 

designated as competent and qualified to conduct scientific 

tests and evaluations of games of chance and related 

equipment; and/or a laboratory operated by or under contract 
with the States of Minnesota, Nevada, New Jersey, Connecticut, 

Colorado, or South Dakota. 

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

of the United States Congress adopted on October 17, 1988, as 

Public Law 100-597, 102 Stat. 2467, codified at 25 U.S.C. 

82701 et. seq. 

(j) "Key Employee" shall mean 

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

functions: 

(i) Bingo caller; 

(ii) Counting room supervisor 

(iii) Chief of security 

(ivl Custodian of gaming supplies or cash 

(V Floor manager 

(vi) Pit boss 

(vii) Dealer 

; (viii) Croupier 

(ix) Approver of credit; or 

(X Custodian of gambling devises including 

persons with access to cash and accounting 

records within such devices 

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

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

or 

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

compensated persons in the gaming operation 

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

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

illegal. License, with respect to real property of the Tribe, 

is a privilege to go on the premises for a certain purpose, 

but does not operate to confer on, vest in, or license any 

title, interest, or estate in such property. 

(1) "Licensee" shall mean any person, entity or organization 

granted a license pursuant to the provisions of this 

Ordinance. 

(m) "Primary Management Official" shall mean 

(1) The person having management responsibility for a 

management contract; 

(2) Any person who has authority: I 

(i) To hire and fire employees; or 
(ii) To set up working policy for the gaming 

operation; or I 

(3) ~h= chief financial officer or other person who has 

financial management responsibility. 

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

future be entered into between the Tribe and the State of 

Oklahoma, governing Class 111 gaming, as that term is defined 

by the Indian Gaming Regulatory Act of 1988, codified at 25 

U.S.C. 82703(8). 

(0) "Other games of chanceM shall mean games similar to 

traditional bingo in which prizes are awarded on the basis of 

a designated winning number or numbers, color or colors, 

symbol or symbols determined by chance. Such games may be 

played using pull tabs, raffles, paddlewheels, tipboards, 

punchboard, tip jars, paddlewheels, gaming tables, tokens, or 

satellite television transmission, all of which shall have the 

same meaning as the term Class I1 gaming as defined by the 

Indian Gaming Regulatory Act of 1988, codified at 25 U.S.C. 

82703 (7) (A). Any such games as are permitted to be played in 

the State of Oklahoma by any person for any purpose, shall be 

included in this definition. 

(p) "ShallH as used in this Ordinance imposes an obligation 

to act; 

(q) "Traditional bingou shall mean that game in which each 

player is supplied a card or board containing five adjoining 

horizontal and vertical rows with five spaces in each row each 

containing a number or figure therein and the word "free" 

marked in the' center space thereof, or in which such a card or 

board is represented on a video screen. Upon announcement by 

the person conducting the game or the appearance on the video 

screen of any number or figure appearing on the player's card 

or board, the space containing said figures or number is 

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

five spaces in any horizontal and vertical row, or shall have 

covered four spaces and the "freeu space in a five space 

diagonal row, or shall have covered the required combination 

of spaces in some other preannounced pattern of arrangement, 

such combination of spaces covered shall constitute "bingo." 

The player or players to first announce "bingou are awarded 

money, merchandise, or some other consideration by the person 

or persons conducting the game. 

(r) "Video game of chance" shall mean electronic or 

electro-me~hani~al video devices that simulate games commonly 

ref erred to as poker, blackjack, craps, hi-lo, roulette 

line-up symbols and numbers, or other common gambling forms, 
which are activated by the insertion of a coin, token or 

currency, and which award game credits, cash, tokens, or 

replays, and contain a meter or device to record unplayed 

credits or replays; or otherwise shall have the same meaning 

as the term Class I11 gaming as defined by the Indian Gaming 

Regulatory Act of 1988, codified at 25 U.S.C. §2703(8). 
Section 103. ~ffect of Headings. 

Article and section headings contained herein shall not be deemed 

to govern, limit, modify, or in any manner affect the scope, 

meaning, or intent of the provisions of any article or section of 

this Ordinance. 
Section 104. Civil Penalty Provisions. 

It shall be a civil violation of the laws of the Cheyenne and 

Arapaho Tribes of Oklahoma to violate any provision of this 

Ordinance, any regulations promulgated by the Tribal Gaming Board 

and of any proper order issued under the authority of this 

Ordinance. Any person or licensee so violating such authority 

shall be fined not more than One Thousand Dollars ($1,000.00) or by 

suspension of license for a period not to exceed one year, or by 

both such fine and suspension or other penalty alternative under 

Tribal Law, including revocation; a show cause hearing pursuant to 

section 208 shall be afforded by the Tribal Gaming Board to any . person subject to such civil penalty prior to any final 

determination to impose any civil penalty. 

In the alternative, should the actions of any person also 

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

United States, orthe State of Oklahoma, then in that event, Tribe 

may choose to refer such violation for criminal prosecution within 

the appropriate court of competent jurisdiction. 
Section 105. Liberal interpretation. 

The provisions of, this Ordinance, being necessary for the welfare 

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

effect the purpose and objective hereof. 
Section 106. ~everabi1A.t~. 

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

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

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

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

Ordinance. 
Section 108. Amendment. 

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

Business Committee. Any such amendment, including repeat in part 

or in \totof, which would adversely effect the contractual rights 

of a third party who has obtained an approved Management Agreement 

with Tribe, shall not become effective until the completion or 

fulfillment of the term of such approved agreement. 
TITLE 11. DEVELOPMENT, ADMINISTRATION, AND ENFORCEMENT 

Section 200. Tribal Gaming Board Over Gaming. 

In order to provide for the orderly development, administration, 

and regulation of tribal gaming, the Tribal Gaming Board is hereby 

empowered and established to exercise its authority as the duly 

authorized body of the Tribe over the regulation of any gaming 

activity within the Cheyenne and Arapaho Tribes of Oklahoma in 

compliance with the Frovisions of this Ordinance. 

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

by the Business Committee to staggered three (3) year terms. No 

less than one (1) of said appointees shall be a licensed, 

practicing attorney with knowledge, experience and expertise in the 

area of Indian law and Indian gaming. An attorney board member 

shall be appointed to the position of Chairman of the Gaming Board, 

and shall fill the initial three (3) year term. Two (2) additional 

positions shall be appointed to serve terms of one (1) and two (2) 

years respectively. 
Section 201. Conflict of interest. 

Any Board member, or employee of the Board or any member of his/her 

family living with him/her may not have a financial interest in any 

gaming business of enterprise doing business with Cheyenne-Arapaho 

jurisdiction, or in any gaming contractor, or accept any gift or 

thing of value from a gaming contractor so employed by Tribe. 

Nothing in this section shall prohibit any Board member or other 

person subject to this section from having a financial interest in 

any gaming business or enterprise operating pursuant to the 

provisions of this Ordinance as would any member of the Tribe if 

entitled to such interest as a Tribal member, including any per 

capita payments derived from profits made by any gaming business or 

enterprise operating pursuant to the provisions of this Ordinance. 
Section 202. Gaming Board Duties. 

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

of administering and enforcing the provisions of this 

Ordinance. 

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

promulgate regulations, ,if necessary, to administer the 

provisions of this Ordinance. These duties involved in the 

administration of this Ordinance shall include but not be 

limited to the following: 

(1) Printing and making available application forms for 

initial and renewal licenses, as well as any other 

necessary licenses and to make available the licenses 

themselves; 

(2) Supervise the collection of all fees and all 

applicable taxes; 

(3) Processing all gaming license applications; 

(4) Issuing licenses and notifying the National Indian 

Gaming Commission of such issuances as required by thet 

Indian Gaming Regulatory Act; 

(5) Determining applicable license fees; 

(6) Providing for outside independent audits of all 

gaming activity licensed pursuant to the provisions of 

this Ordinance and providing those audits to the National 

Indian Gaming Commission or other appropriate regulatory 

agency until the Commission commences its duties; 

(7) Reviewing all gaming operation contracts, records, 

documents, and anything else necessary and pertinent to 

the financial accountabilities of licensees or the 

enforcement of any provision of this ordinance, 

regulations adopted or other applicable law. 

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

to deny any application, to limit, condition, suspend, or 

restrict any license, making a finding of suitability or 

approval of the license or a finding of suitability or 

approval of or the imposition of a fine upon any person 

licensed for any cause deemed reasonable by the Council; 

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

Ordinance or any amendments thereto or other duties which 

may hereafter be specified by the Gaming Board; 
(10) Ehploying legal Counsel; 

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

before any federal agency; 

(12) Conduct or have conducted background investigations 

on all primary management officials and key employees of 

the involved gaming enterprise, and maintain ongoing 

oversight of such management and key employees; 

(13) The Gaming Board shall propose an annual budget for 

operations pursuant to the provisions of this Ordinance, 

including salaries, expenses and all related costs of 

Gaming Board members and any employees or agents thereof, 

reasonably necessary to the activities of the Board in 

carrying out the duties of the Board under this 

Ordinance, or any rules and/or regulations promulgated in 

support hereof. 
Section 202. Gaming Board Duties. 

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

of administering and enforcing the provisions of this 

Ordinance. 

(b) The duties involved in the administration of this 

Ordinance shall include but not be limited to the following: 

(1) Printing and making available application forms for 

initial and renewal licenses, as well as any other 

necessary licenses and to make available the licenses 

themselves ; 

(2) Supervise the collection of all fees and all 

applicable taxes; 

(3) Processing all gaming license applications; 

(4) : Issuing licenses and notifying the National Indian 

Gaming Commission of such issuances as required by the 

Indian Gaming Regulatory Act; 

(5) Determining applicable license fees; 

(6) ... . Providinq for outside independent audits of all 

gaming activity licensed to the provisions of 

this Ordinance and ~rovidins those audits to the National 

Indian Gaming ~ommi^ssion or- other appropriate regulatory 

agency until the Commission commences its duties; 

(7) Reviewing all gaming operation contracts, records, 

documents, and anything else necessary and pertinent to 

the financial accountabilities of licensees or the 

enforcement of any provision of this ordinance, 

regulations adopted or other applicable law. 

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

to deny any application, to limit, condition, suspend, or 

restrict any license, making a finding of suitability or 

approval of the license or a finding of suitability or 

approval of or the imposition of a fine upon any person 

licensed for any cause deemed reasonable by the Council; 

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

Ordinance or any amendments thereto or other duties which 

may hereafter be specified by the Gaming Board; 

(10) Employing legal counsel; 
(11) Defending this Ordinance in any court of law or 

before any federal agency; 

(12) Conduct or have conducted background investigations 

on all primary Primary Management Officials and Key 

Employees of the involved gaming enterprise, and maintain 

ongoingoversight of such management and Key Employees; 

(13) The Gaming Board shall propose an annual budget for 

operations pursuant to the provisions of this Ordinance, 

including salaries, expenses and all related costs of 

Gaming Board members and any employees or agents thereof, 

reasonably necessary to the activities of the Board in 

carrying out the duties of the Board under this 

Ordinance, or any rules and/or regulations promulgated in 

support hereof. 
Section 203. Power of Gaming - Board. 

The Gaming Board may exercise any proper power and authority 

necessary to perform the duties assigned by this Ordinance and is 

not limited by any enumeration of powers in this chapter. 
Section 204. Plan of organization. 

The Gaming Board may organize any functional committees or 

divisions as may be necessary and may from time to time alter such 

plan of organization as may be expedient. 
Section 205. ~oti:ce of Amendment. 

In adopting, amending, or repealing any requirement promulgated 

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

this Ordinance, the Gaming Board shall give prior notice of the 

proposed action to all licensees and other persons whom the Gaming 

Board have reason to believe have a legitimate and bona fide 

interest in such proposed action. 
Section 206. Hearing. 

The Gaming Board shall afford an applicant for a license an 

opportunity for a hearing prior to a final action denying such 

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

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

taking final action resulting in terminating, revoking, suspending, 

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

deems appropriate, provided, that the Gaming Board may summarily 

suspend temporarily or extend suspension of a license for Thirty 

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

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

a prompt hearing, an opportunity for a hearing shall be provided. 
Section 207. Gaming Board Findinge. 

Whenever upon specific factual finding the Gaming Board determines 

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

Ordinance or any regulation promulgated hereunder, the Gaming Board 

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

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

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

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

to be heard and to present evidence. 
Section 208. Show, Cause Hearing. 

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

cause why the determination is incorrect; why the application in 

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

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

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

suspension should not be extended; to show cause why special 

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

to show cause whyany other action regarding any other person or 

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

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

upon which any determination is made and to confront witnesses. 
Section 209. Gaming Authority Determination. 

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

days, reach a determination by majority vote concerning the 

accuracy of the preliminary certification of facts and whether the 

licenses in question should be granted, continued, suspended, 

revoked, conditioned, or limited and whether any other action 

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

to, forfeitures or fines) should be taken. 
a Section 210. written determination provided. 

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

shall inform the subject in writing of that determination. 
Section 211. sanctions. 

Any person who engages in activities on property subject to the 

provisions - of this Ordinance without a license in violation of the 

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

violation of any other provisions of this Ordinance, regulations 

promulgated hereunder, or amendments thereto shall be in violation 

of the ordinance, including any person who unlawfully trespasses 

upon any premises licensed by this Ordinance without the consent of 

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

prosecuted as separate offenses before the Gaming Board or other 

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

Each day of violation shall constitute a separate count or 

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

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

property used in each and every separate violation of this 

Ordinance may become the property of the Tribe by forfeiture. 

Persons may be prohibited from trespassing on premises licensed 

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

limited and/or establishments may be forcibly closed. All such 

action shall be taken at the discretion of the Gaming Board. 

Winnings found to have been received in violation of this ordinance 

are forfeited and become the property of the Tribe. 
Section 212. No limitation on the number of gaming enterprises. 

Nothing in this Ordinance shall limit the number of gaming 

operators the ~aming Board can license pursuant to the provisions 

of this Ordinance to conduct gaming on those lands within the 

jurisdiction and control of the Tribe. 
Section 213, Audit. 

(1) The Tribe shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the 

resulting audit reports to the National Indian Gaming 

Commission. 

(2) 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 (1) above. 
TITLE 111. LICENSING. 

Section 300. License required. 

Any person, organization or entity (including Primary Primary 

Primary Management Officials and Key Employees) , engaged on behalf 

of the Tribe, in conducting public gaming enterprise pursuant to 

the provisions of this Ordinance, on trust or restricted lands of 

Tribe and/or which is subject to the jurisdiction of the Tribe, or 

any person, organization or entity selling, leasing or otherwise 

distributing Class I11 gambling equipment or video games of chance 

to the Tribe, shall be required to have and display prominently, or 

display upon request, an appropriate, valid, and current Tribal 

public gaming license issued pursuant to the provisions of this 

Ordinance. Any other forms of public gaming operations being 

conducted withinthe jurisdiction of the Tribe without the lawful 

written approval of the Gaming Board are prohibited. 
Section 301. App$ication necessary. 

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

who seek to engage in public gaming activities within the 

jurisdiction of the Tribe must apply for the appropriate license at 

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

otherwise allowed in the discretion of the Gaming Board. 
Section 302. Application for gaming enterprise. 

The application for any gaming enterprise made by the proposed 

gaming operator for that gaming enterprise shall contain the 

following information: 

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

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

(including those with direct or indirect financial 

interests) and their interest and connection with the 

applicant; 

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

the gaming operator license is being sought, the number 

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

proposed construction with an environmental impact study, 

the number of planned employees, and a business plan 

which includes pro-forma projections; 

(d) explicit and detailed information of any criminal record 

of any party of interest whose name appears on the 

application to determine whether any party of interest: 

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

jurisdiction; 

(2) ' has engaged in prior activities or maintains habits 

or associations affecting his present conduct which 

would : 

( i') pose a threat to the public and Tribal 

interests; 

(ii) threaten the effective regulation and control 

of Tribal gaming; 

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

illegal methods, or activities in the conduct of 

gaming or the appearance of same. 

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

ancillary contractors who provide supplies, services, 

concessions or property to the proposed gaming operator; 

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

interest whose names appear on the application; 

(5) a description of any previous experience which the 

proposed operator has had with the gaming industry 

generally, and Indian gaming in particular, including 

specifically the name and address of any licensing or 
regulatory agency with which such applicant has had 

contact relating to gaming; 

(6) a financial statement of the applicant; 

(7) any additional information as may be deemed 

necessary by the Gaming Board. 
Section 303. Application for Primary Management Officials and 

Key Employees; 

The application for Primary Yanagement Officials and Key Employees 

of any gaming operator or the Tribe shall contain: 

(a) the name and address of each proposed Primary Management 

Official and proposed Key Employee; 

(b) explicit and detailed information of any criminal record 

of the applicant in order to determine whether the applicant: 

(1) Has committed a felony or gaming offenses in any 

jurisdiction; 

(2) has engaged in any prior activities, or maintains 

any habits or associations affecting his present conduct 

which would: 

(i)' pose a threat to the public and Tribal . interest; 

(ii) threaten the effective regulation and control 

of gaming; 

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

illegal methods, or activities in the conduct of 

gaming; 

(3) the social security number of the applicant; 

(4) a description of any previous experience which the 

applicant has had with the gaming industry generally, and 

Indian gaming in ~articular, including specifically the 

name and address of any lidensing or regulatory agency 

with which Guch person has had contact relating to 

gaming; 

(5) a current and complete financial statement from the 

applicant; 

(6) any additional information, including the 

fingerprints of the applicant, as may be determined the 

Gaming Board. 

Any other employee not a Primary Management Official or Key 

Employee shall be required to fill out an employment application 

provided by the gaming operator of the Tribe and shall be required 

to submit to a background check with local law enforcement 

authorities chosen by the ganing manager of the Tribe and leave on 

file with such authorities a set of fingerprints, or as otherwise 

required by ~ribal/State coxpact. 
0 Section 303.A Fingerprints. 

Fingerprints of Key Employees and Primary Management Officials 

shall be taken by the Cheyenne and Arapaho Tribes of Oklahoma 

Police Department, Concho, Oklahoma, or such other duly authorized 

law enforcement agency authorized in writing by the Gaming Board, 

after due notice to the National Indian Gaming Commission. The 

Cheyenne and Arapaho Tribes of Oklahoma Police Department or other 

authorized law enforcement agency shall thereafter immediately 

submit such fingerprint cards to the National Indian Gaming 

Commission for processing. 
Section 303.B ~ligibility Determination and Background 

~nvestigation 

The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

finding concerning the eligibility of a Key Employee or Primary 

Management Official for employment in a gaming operation. If the 

Tribe determines that emploFent of the person poses a threat to 

the public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, a 

tribal gaming operation shall not employ that person in a Key 

Employee or Primary Management Official position. 
Section 303.C Pro'cedures for Forwarding Applications and Reports 

fo2 Key Employees and Primary Management Officials 

to the National Indian Gaming Commission. 

(a) When a Key Employee or Primary Management Official begins 

work at a gaming operation authorized by this Ordinance, the 

Tribe shall forward to the National Indian Gaming Commission 

a completed applicaticn for employment and conduct the 

background investigation and make the determination referred 

to in Section 303.B. 

(b) The Tribe shall forward the report referred to in Section 

303.D to the National Indian Gaming Commission within 60 days 

after an employee beings work or within 60 days of the 

approval of this Ordinance by the Chairman of the National 

Indian Gaming Commission. 

(c) The gaming operation shall not employ as a Key Employee 

or Primary Management Official a person who does not have a 

license after 90 days. 
Section 303 .D ~e*{rt to the ~ational Indian Gaming Commission. 

(a) Pursuant to the prccedures set out in Section 303 .C, the 

Tribe shall prepare and forward to the National Indian ~i.min~ 

Commission an investigative report on each background 

investigation. An investigative report shall include all of 

the following: 

(1) Steps taken in conducting a background 

investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(b) The Tribe shall submit, with the report, a copy of the 

eligibility determination made under Section 303.B. 

(c) If a license is not issued to an applicant, the Tribe: 

(1) Shall notify the National Indian Gaming Commission; 

and 

(2) . May forward ccpies of its eligibility determination 

and investigative report (if any) to the National Indian 

Gaming commission for inclusion in the Indian Gaming 

Individuals Records System; 

(d) With respect to Key Employees and Primary Management 

Officials, the Tribe shall retain applications for employment 

and reports (if any) of background investigations for 

inspection by the Chairman of the National Indian Gaming 

Commission or his or her designee for no less than three (3) 

years from the date of termination of employment. 
Section 303.E License Suspension. 

(a) If, after the issuance of a gaming license, the Tribe 

receives from the National Indian Gaminq Commission reliable 

information indicating that a Key ~mplo~ee or a Primary 

Management Official is not eligible for employment under 

section 303.B, the Tribe shall suspend such license and shall 

notify in wr'iting the licensee of the suspension and the 

proposed revocation. 

(b) The Tribe shall notify the licensee of a time and a place 

for a hearing on the proposed revocation of a license. 

(c) After a revocation hearins, the Tribe shall decide to 

revoke or to reinstate a license. The Tribe shall 

notify the National Indian Gaming Commission of its decision. 
Section 303.F License Locations. 

The Tribe shall issue a separate license to each place, facility, 

or location on Indian lands where Class I1 gaming is conducted 

under this Ordinance. 
Section 303 .G Forms for Licensing of Primary Management Officials 

a and Key Employees. 

The Tribe shall utilize the procedures and forms attached hereto as 

Exhibit A, or such other procedures and forms as shall hereafter be 

adapted by the Gaming Board and submitted to the National Indian 

Gaming Commission. 
Section 303.H Description of Procedures for Background 

Investigations. 

The procedures for performing background investigations are forth 

on Exhibit B hereof. Such procedures shall be followed by the 

Tribe and the Gaming Board. In the event that the Tribe and the 

Gaming Board establish different procedures, a report of such 

additional procedures shall be submitted to the National Indian 

Gaming Commission. 
Section 304. Appllication for distributors of video games of 

chance and gambling equipment. 

The application for any person, organization or entity wishing to 

sell, lease or otherwise distribute Class I11 gaming equipment 

and/or video games of chance to the Tribe shall contain the 

following information: 

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

making the application; 

(b the names and addresses of all interested parties 

(includingthose with direct or indirect financial interests); 

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

activity to be engaged in under the license; 

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

including any delinquent taxes or other monies owed to the 

Tribe, of the applicant, any person involved in the 

organization, and any party of interest whose name appears on 

the application; 

(e) any additional information necessary to allow the Tribe 

or the state of Oklahoma to investigate the applicant or any 

person included on the application; 

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

State of Oklahoma pursuant to Oklahoma Law or any other 

federally recognized Oklahoma Tribe and proof of being the 

holder of a current and valid distributor or manufacturer 

license from the Tribe; or properly licensed and holding a 

current and valid license from either the State of New Jersey, 

Minnesota, Wisconsin, Kansas, Nevada, or South Dakota, or any 

other federally recognized tribe of Indians. 

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

manufacturer license revoked or suspended by any state or 

other jurisdiction that issued the license and, if so, the 

circumstances surrounding the state's action; 

(h) a statement of waiver allowing the Tribe or the Tribe's 

delegated representative to conduct a background investigation 

of the applicant and any person whose name is required to 

appear on the' application; 

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

required to appear on the application maintains any 

involvement in the business of wholesale distribution of 

alcoholic beverages. 
Section 305. Machine licenses. 

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

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

sales agreement regarding video games of chance must obtain from 

the Gaming Board an annual non-transferable license for each video 

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

the provisions of this Ordinance. 

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

shall contain the following information: 

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

a current and valid distributor or manufacturer license 

issued by a state and the Tribe; 

(2) identification numbers of codes for each video game 

of chanceplaced in a Tribal gaming enterprise, including 

the manufacturer, the serial number and the model number; 

(3) proof of approval and certification of the machine 

by an approved gami~g test laboratory or proof that the 

video game of chance conforms precisely to the exact 

specifications of the video game of chance prototype 

tested and approved by the gaming test laboratory; . . 

(4 all other information as required by the 

Tribal-State Compact. 

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

license issued by the Tribe pursuant to this Ordinance. 

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

each video game of chance licensed under the provisions of 

this Ordinance, an unremovable identification plate on the 

exterior cabinet which contains the information as required by 

a Tribal Compact, Ordinance, or Regulation. 
Section 306. Class,ee of Licenses. 

Upon proper application and approval, the following classes of 

licenses may be issued by the Gaming Board: 

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

management fir.m or entity wishes to conduct traditional bingo 

and other similar Class I1 games of chance at a Tribal gaming 

enterprise; the license shall be site specific, valid for a 

period of one' year and shall have an application fee of 

$1,000.00; 

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

management firm or entity wishes to conduct video games of 

chance or other Class I11 gaming subject to a Tribal Compact 

Ordinance or at a Tribal gaming enterprise; the license shall 

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

have an application fee of $2,500.00; 

(c) class C license to any Primary Management Official or Key 

Employee thereof who wishes to be licensed for employment in 

conducting games of chance or other gaming subject to other 

compacts at aTribal gaming enterprise; the license shall be 

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

an application fee of $200.00; . . 

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

Class I11 gambling equipment and/or video games of chance to 

be used in a Class 111 Tribal gaming enterprise; the license 

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

application fee of $200.00. 

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

in a Tribal gaming enterprise; the'license shall be valid for 

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

machine. 
Section 307. Fraud on application. 

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

in the submission of a license application. 
Section 308. Exemptions. 

(a) The following activities are not public gaming operations under the terms of this ordinance and, therefore, do not 

require licensing under this title: 

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

valuable, prizes are won, other than "points" for 

cumulative competitive ratings of "placesn for immediate 

competitive rankings, is not subject to the provisions of 

this ordinance. However, gaming for fun which is 

conducted by a non-profit organization is subject to the 

requirements of this ordinance if cash or valuable prizes 

are awarded. "Valuable prizeN means ($100.00) or more in 

fair market value. 

(2) Traditional Indian Gaming. Traditional Indian 

gaming activity, in the nature of hand games, are not 

subject to the provisions of this ordinance. The Gaming 

Authority is hereby authorized to determine on a 

case-by-case basis, upon request, whether a particular 

traditional gaming activity qualifies for the exemption. 

(b) The existing gaming enterprise known as Cheyenne and 

Arapaho Tribal Gaming Enterprises shall be automatically 

licensed ; with the adoption of this Ordinance; such gaming 

enterprise is issued a Class I license and Class I1 license 

with a waiver of any application fee; such licenses shall be 

renewed each year with a waiver of any fee until otherwise 

provided by ' Gaming Board decision or amendment to this 

Ordinance. 
Section 309. License Renewal. 

Every licensee intending to continue engaging in public gaming 

activities within the Cheyenne and Arapaho Tribes of Oklahoma 

Tribal Jurisdiction during the next calendar year shall apply for 

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

expiration of the previous license period. 
Section 310. License display. 

Every licensed gaming operation shall display in a prominent place 

a current and valid Cheyenne and Arapaho Tribes of Oklahoma tribal 

license for that location. 
Section 311. Requi,rement~ to maintain licenee. 

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

of public gaming activities within the Cheyenne and Arapaho 

Tribes of Oklahoma Tribal Jurisdiction, the Gaming Board 

shall, after notification by the licensee of such changes, 

issue a corrected license for the balance of the current 

period reflecting the new address upon reasonable proof of 

change of address and without imposition of an additional 

license fee. 

(b) It shallbe unlawful for any licensee to fail to notify 

the Gaming Board of any new Key Employee, new ancillary 

contractor, or new operator. The Gaming Board shall 

investigate and provide approval or disapproval of the new Key 

Employee, contractor, or operator within thirty (30) days. 

Any information received by the Gaming Board shall be 

confidential. 

(c) It :shall 

employment of a 

contract or begi 

approval of the 

be unlawful for 

new person, begi 

n the control of 

Gaming Board. 

any licensee to begin 

n the performance of any 

any new operator without 

the 

new 

the 

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

or dangerous weapon on premises where licensed gaming is 

allowed, with the exception of licensed firearms for the 

maintenance of order, firearms possessed by duly authorized* 

peace officers, and firearms maintained by the licensee if 

previously approved by the Gaming Board and Tribal Law 

Enforcement for protection of himself, his agents, and 

invitees. 

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

pawnbroking or to take goods or materials in hock or to lend 

money or engage in similar activity with indigent persons 

solely for the purpose of enabling the indigent person to 

gamble. This provision is not intended to prohibit the 

extending of credit by the licensee to persons of means after 

proper application and credit checks are performed. 

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

maintain his premises open for inspection by the Gaming Board 

or its agents' or any other authorized government agency and 

keep its books and financial record open for similar 

inspection. 

(g) Licensed gaming employees and tribal gaming managers must 

produce at a player's request, losing tickets, copies of 

cancelled checks or other evidence of loss acceptable to the 

Internal Revenue Service if requested by the player or 
contestant at the time the player or contestant buys a 

ticket or chance or otherwise enters the game. 

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

additional requirements: 

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

of play must be posted for each type of licensed gaming; 

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

shall be offered in any type of gaming; 

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

licensed gaming should the Gaming Board deem that such 

rules are necessary for the proper conduct of gaming; 

(4) Any, other regulation controlling licensed gaming 

which is deemed necessary by the Gaming Board. 
Section 312. Fee?. 

Each application ifor an initial or renewal license shall be 

accompanied by ~ahent of the license fee. The Gaming Board's 

determination of the license fee properly owed under this Ordinance 

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

being licensed to engage in public gaming activities within the 

jurisdiction of the Tribes. 
Section 313. Non-transferability. 

@ The license issued ~ursuant to the ~rovisions of this Ordinance is 

valid only for theAperson(s) or oGganization(s) at the place of 

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

otherwise transferable to any other person or organization or for 

any other location without the written approval of the Gaming 

Board. 
Section 314. Payment of license fees. 

All license fees collected under authority of the Tribal Gaming 

Board shall be paid to the Tax Commission of the Tribes. 
Section 315. License as a revocable privilege. 

The public gaming operations license is a revocable privilege, and 

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

rights therein or thereunder. The burden of proving qualifications 

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

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

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

by unqualified or disqualified persons or unsuitable person or 

persons whose operations are conducted in an unsuitable manner. 
Section 316. Violations. 

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

Board's ~e~ulations bya Licensee, his agent, or employee shall: 

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

good order, and general welfare of the Tribe and its members; 

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

for suspension or revocation of a license; 

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

civil action in a court of competent - jurisdiction on behalf of 

the Gaming Board; and 

(d). - be grounds for imnediate revocation of license in the 

case of a licensee being convicted of a felony. 

Acceptance of a license or renewal thereof or condition imposed 

thereon by a licensee constitutes agreement on the part of the 

licensee to be bound by all the regulations and/or conditions of 

the Gaming Board and by the provisions of this Ordinance as the 

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

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

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

ignorance thereof will not excuse the violation. 
TITLE VI. RULES OF GENERAL APPLICABILITY 

Section 400. Rule? of gaming operation. 

Each licensee operating a gaming enterprise under a license issued 

pursuant to the provisions of this Ordinance shall prominently 

display in writing all rules and regulations pertaining to all 

gaming activity, including but not limited to traditional bingo, 

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

location where such gaming activity is conducted; or shall make 

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

person making a request for such. 

Each gaming employee and management entity licensed under the 

provisions of this Ordinance shall utilize gaming rules and 

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

United States of America, and any gaming Compact and specifically 

the Indian Gaming Regulatory Act of 1988. 
Section 401. Video Games of Chance. 

The following requirements shall apply to management and conduct of 

all video games of chance within any gaming enterprise licensed 

pursuant to the provisions of this Ordinance. 

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

lease, or operate video games of chance that have been 

manufactured by a manufacturer that has not received a license 

from the ~aming Board pursuant to the provisions of Title I11 

of this Ordinance. The Gaming Board shall issue licenses only 

to manufacturers of video games of chance holding a valid 

license from,the States of Minnesota, New Jersey, Nevada, 

South Dakota, Kansas, Wisconsin and Connecticut, or from any 

other federally recognized Tribe. 

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

lease, or operate video games of chance that have been 

distributed by a distributor that has not received a license 

from the Gaming Board pursuant to the provisions in Title I11 

of this Ordinance. The Gaming Board shall issue licenses only 

to distributors of video games of chance holding a valid 

license from the State of Minnesota, or the State of New 

Jersey, or the State of Nevada, or the State of South Dakota, 

Kansas, Wisconsin and Connecticut. 

(c) Suspension, revocation, or non-renewal of manufacturer or 

distribut.or license; in the event that the States of 

Minnesota, Kansas, Wisconsin, Connecticut, New Jersey, Nevada, 

or the State of South Dakota, suspends, revokes, or refuses to . 

renew a license of a manufacturer or distributor of video 

games of chance similarly licensed by the Gaming Board, such 

action shall be grounds for similar action by the Gaming 

Board, which shall investigate, suspend, revoke, or refuse to 

renew the license issued by the Gaming Board to such 

manufacturer or distributor. 

(dl Technical standards: testing and approval of video games 

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

otherwise acquired by a gaming enterprise unless: 

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

acquired from a manufacturer or distributor licensed to 

sell, lease or distribute video games of chance by the 

Gaming Board pursuant to the provisions of this 

Ordinance; and 

(2) the video game of chance, or a prototype thereof, 

has been tested, approved or certified by an approved 

gaming test laboratory as meeting all requirements and 

standards of any appropriate compact, ordinance, 

regulation, or rule on video games of chance. 
(el Compliance of video games of chance: any gaming activity 

involving video games of chance shall be conducted in strict 

compliance with the Tribal compact, ordinances, and 

regulations on video ganes of chance. 
Section 402. Restrictions for gaming enterprises. 

Each licensee operating a gaming enterprise under a license issued 

pursuant to the provisions of this Ordinance must at all times 

observe the following restrictions on gaming activities: 

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

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

to participate in the gaming in any gaming enterprise licensed 

under the provisions of this Ordinance. If any person below 

the age of eighteen (18) years plays and otherwise qualifies 

to win any prize, the prize shall not be paid, and the 

estimated amount wagered during the course of the game shall 

be returned to the player. 

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

to be sold or otherwise make available any beverage containing 

alcohol including, but not limited to, beer or liquor at the 

gaming enterprise location without the specific approval of 

same by the Gaming Board with the approval of the Business 

Commit tee,. 

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

are capable of discharging dangerous projections or games 

including, but not limited to, "bb'su or C02 guns, rifles, 

shotguns, pis,tols, or revolvers, shall be allowed on the 

premises,except as permitted for security by an employed 

security : force or other city, state, or federal law 

enforcement officers in the course of their official duties: 
Section 403. Disputes with Customers of the Gaming Operation. 

Gaming Manager shall prescribe rules of play for each type of 

gaming which has been licensed by the Gaming Board. Such rules of 

play shall be acceptable to Gaming Board and shall be posted in 

plain view, accessible and visible by all customers of the Gaming 

Operation. All games shall be conducted fairly and honestly by 

both Gaming Manager and customers. In the event of a dispute 

between Gaming Manager and any customer, the written rules of play 

shall govern. However, Gaming Manager shall strive to satisfy the 

customer in the resolution of any dispute. The general manager on 

site, employed by Gaming Manager, shall be initially responsible to 

attempt to resolve all such disputes. If a dispute cannot be 

resolved by the general manager, the general manager shall 

immediately submit a written report of the dispute to both Gaming 

Manager and the Tribal Coordinator employed by the Tribe to oversee 

the Gaming Operation, who shall discuss the dispute with each other 

and with the customer. Manager shall make the final determination 

of the action to be taken to resolve the dispute, after consulting 

with Tribal Coordinator. Any customer who is not satisfied with 

the decision of Manager may appeal the decision to the Gaming 

Board. The determination of the Gaming Board shall be final. 
ARTICLE V. INDIAN GAMING REGULATORY ACT. 

Section 500. policy. 

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

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

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

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

activity within the jurisdiction of the Tribe. 
Section 501. Proprietary Interest. 

The Cheyenne and ~rapaho Tribes of Oklahoma shall have the sole 

proprietary interest in and responsibility for the conduct of any 

gaming activity, Class I1 or Class 111, as those terms are defined 

by the Indian Gaming Regulatory Act of 1988, 25 U.S.C. §2703(7), 

(8) within the jurisdiction of the Tribe. 
Section 502. Net Revenues. 

Net revenues deriv=d from gaming activity shall be utilized for the 

following purposes: 

(a) To fund Tribal government operations or programs; 

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

members; 

(c) To promote Tribal economic development; 

(dl To donate to charitable organizations; or 

(el To help fund operations of local government agencies. 
Section 503. Per capita payments. 

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

Gaming Regulatory Act, 25 U.S.C. 52703) may be used to make per 

capita payments to Tribal members only if the following conditions 

are first met: 

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

net revenues as described above in section 502, which plan has 

been approved by the Secretary of Interior or his authorized 

delegee; 

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

of affected minors and other legally incompetent persons 

entitled to such per capita payments are adequately protected 

and preserved, under a plan approved by the Gaming Board and 

by the Secretary of the Interior or his authorized delegee; 

and 

(c) The recipients of said per capita payments are 

properly notified by the Tribe that the payments are subject 

to federal taxation. 
Section 504. Licensee standards. 

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

whereby any person whose prior activities, criminal record, if any, 

or reputation, habits or associations pose a threat to the public 

interest or to the effective regulation of the gaming activity 

contemplated herein, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming shall not be eligible for employment by 

any gaming activity licensed by the Gaming Board. The Gaming Board 

shall conduct background investigations on primary Primary 

Management Officials and Key Employees of all gaming activity. The 

results of such background checks shall be supplied to the National 

Indian Gaming Commission prior to the issuance of any gaming 

license. 
Section 505. Contracts. 

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

amount in excess of Twenty-five Thousand Dollars ($25,000.00) 

annually (except for contracts for professional legal or accounting 

services) relating to Class 11 gaming (as defined by the Indian 

Gaming Regulatory Act, 25 U.S.C. S2703) shall be subject to the 

outside independent audits provided for in Title 11, section 206 (6) 

of this ordinance. 
Section 506. Protections. 

It is the further duty of the Gaming Board to ensure that any 

construction and rna,intenance of any gaming facility licensed by the 

Gaming Board, and the operation of the gaming activity therein 

shall be conducted in a manner which adequately protects the 

environment and the public health and safety. 
Section 507. Licerises for continuing operations. 

No licenses will be issued to allow the continuing operation of 

individually owned gaming establishments since none were in 

operation on septerber 1, 1986. 
Section 508. Tribal Self-Regulation. 

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

National Indian ~aminq - Commission for the issuance of a certificate 

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

Tribe ensures that it will: 

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

(1) has resulted in an effective and honest accounting of 

all revenues; 

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

honest operation of the activity; and 

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

dishonest activity; 

(b) adopt and implement adequate systems for; 

(1) . accounting for all revenues from licensed gaming 

activity; 

(2) investigation, licensing, and monitoring of all 

employees of the gaming activity; and 

(3 investigation, enforcement and prosecution of 

violations of this ordinance and regulations; and 

(c) conduct all gam,ing operations on a fiscally and 

economically sound basis. 
Section 509. Management agreements. 

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

comply with all the applicable provisions of the Indian Gaming 

Regulatory Act, 25 U.S.C. 52711. 
Section 510. Internal Revenue Code. 

All applicable Internal Revenue Code provisions concerning 

reporting and withholding of taxes with respect to the winnings 

from gaming shall be adhered to. 
Section 511. Agent for Service of Process. 

Any notice given to the Tribe hereunder shall be delivered to the 

Tribe by certified mail, addressed as follows: 

Chairperson Viola Hatch 

Cheyenne and Arapaho Tribes of Oklahoma 

100 Red Moon Circle 

Concho, Oklahoma 73022 

The agent for service of process for any legal process served in 

connection herewith shall be: 

Chairperson Viola Hatch 

Cheyenne and Arapaho Tribes of Oklahoma 

100 Red Moon Circle 

Concho, Oklahoma 73022 
I CERi'IFICATION 

Viola Hatch, Tribal Chairperson, of the Cheyenne and Arapaho 

Tribes of Oklahoma,hereby certifies that this Gaming Ordinance is 

a true and exact copy as amended by the 29th Business Committee at 

a duly called meeting held on the 17th day of February, 1994, 

there being a quorum present, by a vote of 5 for, o opposed, 

o abstentions, - 2 absent and 1 not voting. (List all 

votes) 

Roll Call Vote: 

Kd &!J!a, Viola ~af&, Chairperson 

29th Business committee 

Cheyenne and Arapaho Tribes 

of Oklahoma 

ATTEST : . . 

a 

2 
\ 

LICENSING OF PRIMARY MANAGEMENT OFFICIALS 

AND KEY EMPLOYEES 

TRIBE'S RESPONSIBILITIES WHEN LICENSING PRIMARY MANAGEMENT 

OFFICIALS AND KEY EMPLOYEES 

Pursuant to Part 556 of the Rules and Regulations,. unless a tribal-state 

compact allocates sole jurisdiction to an entity other than a tribe with respect to 

background investigations, the requirements of Part 556 apply to all Class II and 

Class Ill gaming. 

'. 

I. BACKGROUND INVESTIGATIONS: 

(a) Pursuant to section 556.4 of the Rules and Regulations, the Tribe shall 

perform a background investigation for each primarymanagement official 

and for each key employee (see Definition Section) of a gaming operation. 

The information requested by this Section has been incorporated in the 

Application which is attached hereto as Exhibit A. The Application also 

contains the Privacy Act notice and notice regarding false statements as 

a required by Sections 556.2 and 556.3 of the Rules and Regulations. . . 

(b) In conducting a background investigation, the Tribe or its agents shall 

promise to keep confidenti~l the identity of each person interviewed in the 

course of the investigation. 

(c) An authorized tribal official shall review a person's prior activities, criminal 

record, if any, and reputation, habits -and associations to make a finding 

concerning the eligibility of a key employee or a primary management 

official for employment in a gaming operation. If the authorized tribal 

official, in applying the standards adopted in a tribal ordinance, determines 

that employment of 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 and methods and activities in the 

conduct of gaming, a management contractor or a tribal gaming operation 

shall not employ that person in a key employee or primary management 

official position. 

(d) A gaming operation shall not employ in a key employee or primary 

management offlcial position a person who has supplied materially false or 

misleading information or who has omitted material information with respect 

to the required information. 
a \ I 

2. REPORT TO COMMISSION: 

(a) When the Tribe employs a primary management official or a key employee, 

the Tribe shall forward to the National Indian Gaming Commission (the 

"Commission") a completed Application. 

(b) The Tribe shall also forward to the Commission an investigative report on 

each background investigation. Such report shall be submitted within 

60 days after an employee begins work or within 60 days of the 

Chairman's approval of an ordinance, and shall include all of the 

following: 

(I) Steps taken in conducting a background investigation; 

(2) Results . . obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

a (c) If the Tribe does not license an applicant: 

(1) The Tribe shall notify the Commission; and 

(2) May fonvard copies of its eligibility determination and investigative 

report (if any) to the Commission for inclusion in the lndian Gaming 

Individuals Record System. . - ' 

3. PROCEDURE FOR FORWARDING APPLICATIONS AND REPORTS TO THE 

COMMISSION; ISSUANCE OF LICENSE: 

(a) The information required to be supplied to the Commission as set forth in 

paragraph 2 shall be submitted within 60 days after an employee begins 

work, or within 60 days of the Chairman's approval of an ordinance. A 

gaming operation shall not employ a key employee or primary management 

official who does not have a license after 90 days. 

(b) During a 30 day period beginning when the Commission receives a report, 

the Chairman may request additional information from the Tribe concerning 

a key employee or a primary management official who is the subject of a 

report. Such a request shall suspend the 30-day period until the Chairman 

receives the additional information. 
(c) lf: within the 30 day period, the Commission notifies the Tribe that it has 

no objection to the issuance of a license pursuant to a license application, 

the Tribe may go fonvard and issue a license to such applicant. 

(d) If, within the 30 day period, the Commission provides the Tribe with a 

statement itemizing objections to the issuance of a license to a key 

employee or to a primary management official for whom the Tribe has 

provided an application and investigative report, the Tribe shall reconsider 

the application, taking into account the objections itemized by the 

Commission. The Tribe shall make the final decision whether to issue a 

license to such applicant. 

A gaming operation shall not employ a key employee or primary 

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

4. EXlSnNG PRIMARY MANAGEMENT OFFICIALS AND KEY EMPLOYEES: 

The Tribe shall notify existing key employees and primary management officials 

in writing that they shall either: 

(a) Complete a new Application form which contains a notice regarding fzlse 

statements and a Privacy Act notice; or 

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

and a Privacy Act notice and consent to the routine uses described in that 

notice. . - . - 

5. DEFINITIONS:' 

Primary Management Official means: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority: 

(1) To hire and fire employees; or 

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

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

management responsibility. 
Key Employee means: 

(a) 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; 

(b) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year; or 

(c) If not othenvise included, the four most highly compensated persons 

a . . :in the gaming operation. 

'Code of Federal Regulations, Title 25-Indians, Chapter Ill-National Indian Gaming 

Commission, Part 502-Definitions.