-- 

FEE 9 2012 -- - - -- - 

Via U.S. Mail and E-mail 

Jennifer H. McBee 

McCormick & Bryan PLLC 

2529 S. Kelly Avenue, Ste. A 

Edmond, OK 7301 3 

Fax: (405) 225-2301 

Re: Seminole Nation Public Gaming Act 

Dear Ms. McBee: 

This letter responds to your request on behalf of the Seminole Nation of Oklahoma 

for the National Indian Gaming Commission Chairwoman to review and approve the 

Nation's amended gaming ordinance. 

The Seminole Nation Council approved Tribal Ordinance 201 1-1 1 on October 29, 

201 1. The purpose of the amended ordinance was to restructure the Nation's gaming 

agency, provide additional meeting requirements, and to clarify the Seminole Nation 

Gaming Agency's (SNGA) independence from the Nation on personnel policies. The 

Council also revised the definition of net win, set forth the civil and criminal jurisdiction of 

the Nation and the SNGA, revised the code to accurately reflect the entity that operates the 

Nation's gaming activity, and revised the duties of the SNGA and clarified its funding 

source. 

Thank you for bringing the amended gaming ordinance to our attention. The 

amended gaming ordinance is approved as it is consistent with the requirements of the 

Indian Gaming Regulatory Act and NIGC regulations. As an aside, the definition for "net 

revenue" in the amended ordinance references 25 U.S.C. 5 2703(a). See Seminole Nation 

of Oklahoma Public Gaming Act of 201 1, 5 5(aa). This appears to be a typographical error, 

as the definition should reference 25 U.S.C. 5 2703(9). The Nation may wish to correct the 

reference the next time the Gaming Act is amended. 

If you have any questions, please contact Staff Attorney Esther Dittler at (202) 420- 

9229. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202632,7003 Fax: 202.632.7066 www.Nlcc.Gov 

FZGIONAL OFFICES Ponland. OR: Sacramento. CA Phoenix. AZ; St. Paul, MN;Tulsa. OK 
At)// 

SEMINOLE NATION OF OKLAHOMA '* ?@ 

A TRIBAL ORDINANCE OF THE SEMINOLE NATION OF OKLAHOMA AMENDING 

TITLE 15 OF THE SEMINOLE NATION CODE OF LAWS, THE SEMINOLE NATION 

GAMING ORDINANCE 

BE IT THEREFORE ENACTED BY THE SEMINOLE NATION COUNCIL ASSEMBLED: 

Section 100. Findings. 

(1) The Seminole Nation of Oklahoma enacted the Seminole Nation 

Public Gaming Act of 2009 on June 6,2009; and 

(2) On December 5, 2009, the Seminole Nation General Council directed 

the Principal Chief and the Attorney General to review Titles 8, 

(Economic Development), 11 (Employment), and 15 (Gaming Act) of 

the Seminole Nation Code of Laws and present to the General 

Council proposed revisions and amendments; and 

(3) The proposed revisions and amendments to Title 15 were to 

restructure the Nation's gaming agency to provide for three 

Commissioners, additional meeting requirements, and clarification of 

the SNGA's independence on personnel policies from the Nation; and 

(4) In the June 2010 quarterly General Council meeting, the proposed 

drafts of the revised Codes were provided to the General Council. 

Three subsequent informational meetings were held and were open 

to the public in order to review, discuss, and further revise the Codes; 

and 

(5) Revisions to the Codes were made after each meeting and new drafts 

were circulated to the General Council. The present code revisions to 

Title 15 reflect all of the revisions requested by the General Council. 

Section 200. Purpose: 

To amend Title 15 of the Seminole Nation Code of Laws. 

Section 300. Authorization: 

Title 15 shall be amended as reflected in the attached document. 

Section 400. Effective Date: 

Page 1 of 2 
The amendments to Title 15, shall become effective upon approval by 

the Seminole Nation General Council and approval by the Chairman of 

the National Indian Gaming Commission. 

CERTIFICATION 

PASSED AND APPROVED by the General Council of the Seminole Nation of 

Oklahoma this 2gth day of October 2011, at Mekusukey Mission, South of Seminole, 

Oklahoma, by a vote of 18 Yes, 6 No, and 2 Abstaining, a quorum of Fifteen (15) 

Council members being present. 

ATTEST: 

Alvina Wallace. General Council Secretarv 

L&&- 

General coundi~, Seminole Nation of ~klihoma 
TITLE 15 .................................. ... ................................................................................................... 3 

GENERAL PROVISIONS ................................................................................ 3 

Section I. Title ............................................... Section 2. Authoritv. ........................... Section 3. Findings. .................. Section 4. Purooses. ...............,.. Section 5. Definitions. ....................................... . ....... 5 

......................................................................................... 3 

Section 15. Management Contracts. .................. .... ...,,,,,,,,, .. ..... ,, .. ... . . . . . , 14 

Section 16. Internal Revenue Code and Other Avplicable Federal Laws. ............ Section 17. Designation of Agent fot Service of Process. ...................................... 

Section 102. Establishment. Appointment, Term, and Oualifications of the Seminole Nation Gaming 

Commission and Chief Gaming Reulator: Provision for Acting Chief Gaming Regulator. ..................... ...,, 19 

21 

............................................... I 

Section 105. Duties and Authorities of the Chief Gaming Regulator. ................................................................. 23 

Section 106. Duties and Authorities of the Seminole Nation Gaming Agency, .................................................. 26 

Section 107. Issuinri, Revising. and Withdrawing Renulations. .................... ................................................ 30 

ENFORCEMENT ....................................................................................................................... 66 

6 

9 

9 

1 

2 

4 

5 

6 

1 
Section 309 . Protection of Informant Identity ............................. CHAPTER FOUR .......................................................... Sectioll 401 . Res~onsibilities of SNGE andlor the Gaming Enternrise ...................... ................................ Section 402 . Gaming Reouirements .................................................................................................................... 78 

CHAPTER FIVE ......................................................................................................................... 81 

REVENUES AND AUDITS ...................................................................................................... ... 81 

Section 501 . Audits and Accounts - Responslb~l~ty ........ .......................................................... !...... r..'...... 81 

Section 502 . Gaming Revenue ......................................................................................................................... 82 
Seminole Nation of Oklahoma Public Gaming Act of 2013 

SEMINOLE NATION CODE OF LAWS 

TITLE 15 

GENERAL PROVISIONS 

Section 1. Title. 

This Act shall be cited as the "Semninole Nation of Oltlahoma Public Gaming Act of 2011." 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 2. Authoritv. 

The Nation is empowered to enact this Act pursuant to the Constitution of the Seminole Nation, 

Art. V, Sec. (a) & (d). 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16,1991; 

Ordinance No. 09-08, June 6,20091 

Section 3. Findings. 

The General Council finds that: 

(a) The present needs of the Seminole people include employment and training, 

heallh care, education opportunities, nutrition, mental health, juvei~ile services, 

housing, planning and development, legal services, senior citizen prograins and 

social services which are not presently being met in sufficient quantity by United 

States government agencies; 

(b) The Seminole Nation desires to be self-sufficient in its internal affairs, as reliance 

upon federal resources has been adverse to the quality of life within this nation in 

both the recent and far past; 

(c) The Seminole Nation wishes to promote its economic development, selfsufficiency, and capacity for self-governance; 

(d) The regulation of public gaming within the Seminole Nation is in the interest of 

the Seminole people and their health and welfare; 

(e) Public .gaming operations have been introduced to the Seminole Nation, and it is 

of vital interest to the public health, safety and welfare of the Seminole people 

3 
that the Nation regulated public gaming in a manner commensurate with the 

interests of the Seminole people; and 

(I') The Indian Gaming Regulatory Act of 1988, 251 J.S.C. $2701 el sell., recognizes 

tl~s authori~y oi thc Seminolc Kation to regula~c ganiing within its bortlcrs. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 4. Purposes. 

The purposes of this Act are to: 

(a) Promote the public health, safety, welfare, and standard of living of the Seminole 

people by regulation of public gaming activities and to generate revenue for selfperpetuation and essential governmental services; 

(b) Promote economic development, self-sufficiency, and a strong government for the 

Seminole Nation; 

(c) Establish the legal and regulatory framework for the regulation, control, and 

licensing of all classes of gaming activities within the jurisdiction of the Seminole 

Nation, including Class I, 11, and I11 gaming activities; 

(d) Establish the powers and authority of the Seminole Nation Gaming Agency, as 

successor in interest to the Seminole Nation Gaming Commission, and create the 

position of Chief Gaming Regulator to supervise, direct, and lead the SNGA, 

which shall serve as the primary regulator of the Seminole Nation's gaming 

activities, and which shall have the power and authority to: 

(1) License the Nation's gaming facilities, employees, vendors, and financers; 

(2) Monitor and regulate all gaming activities conducted within the 

jurisdiction and authority of the Nation; 

(3) Adopt and implement such rules and regulations as may be necessary to 

carry out the purposes of this Act; 

(4) Conduct investigations and sanction violations of the gaming laws and 

regulations of the Seminole Nation; 

(5) Conduct hearings; and 

(6) Establish a schedule of fees and monetary penalties; 
(e) Ensure that Seminole Nation gaming laws are fully and fairly enforced in 

accordance with principles of fundamental fairness and due process of law in 

relation to all persons involved in gaming activities under the jurisdiction of the 

Nation; that the Seminole Nation's gaming activities are conducted fairly and 

honestly by both gaming operators and players; and that such gaming activities 

remain free from coi~upt, incompetent, unconscionable, and dishonest persons 

and/or practices; 

(f) Establish as a matter of law that a Seminole Nation License to operate a gaming 

activity is a revocable privilege, not a right or property interest; 

(g) Ensure that such gaming activities are carried out in confol.mity with the Indian 

Gaming Regulatory Act of 1988, 25 U.S.C. $2701 et seq. and any Tribal-State 

Gaming Compact with the State of Oklahoma as may presently be in effect or be 

executed hereafter; 

(h) Ensure that revenues from the operation of the Seminole Nation's regulated 

gaming activities are used only for authorized purposes; and 

(i) Ensure that the Seminole Nation is the primary beneficiary of the revenues 

derived from the Nation's gaming activities. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16,1991; 

Ordinance No: 09-08, June 6,20091 

Section 5. Definitions. 

For the purpose of this Act - 

(a) Chief. "Chief of or Principal Chief' means the Principal Chief of the Seminole 

Nation. 

(b) Chief Gaming Regulator. "Chief Gaming Regulator" means the official who 

directs the SNGA on a daily basis and performs the duties of the Chief Gaming 

Regulator established by this Title, including implementing this Act which govern 

the actions of any gaming operations licensed under this Act. 

(c) Collateral A~reement. "Collateral Agreement" means any contract, whether or not 

in writing that is related, either directly or indirectly, to a management contract or 

to any rights, duties or obligations created between a Nation (or any of its 

members, entities, or organizations) and a management contractor or 

subcontractor (or any person or entity related to a management contractor or 

subcontractor). 
(d) Commissioner. "Commissioner" means SNGA Gaming Commissioner. 

(e) Commission. "Commission" shall mean the SNGA Commission. 

(f) Compact. "Compact" means an effective Tribal-State Gaming Compact between 

the Seminole Nation and the State of Oklahoma pursuant to the terms and 

conditions of 25 U.S.C. §2710(d). 

(g) Covered Game. "Covered Game" shall mean the following games conducted in 

accordance with the standards, as applicable, set forth in Sections 11 through 18 

of the State-Tribal Gaming Act that sets forth the terms of the Compact between 

the Nation and the State of Oklahoma, amendments or successor statutes thereto: 

an electronic bonanza-style bingo game, an electronic amusement game, an 

electronic instant bingo game, nonhouse-banked card games; any other game, if 

the operation of such game by a tribe would require a compact and if such game 

has been: (i) approved by the Oldahoma Horse Racing Commission for use by an 

organizational licensee, (ii) approved by state legislation for use by any person or 

entity, or (iii) approved by amendment of the State-Tribal Gaining Act. For 

purposes of this Title, the term "Covered Game" shall also mean any Class I or 

Class I1 operated in the Nation's Jurisdiction for which no compact is required 

with the State of Oklahoma. 

(h) Covered Game Emplovee. "Covered Game Employee" shall have the same 

meaning under this Title as defined under the Compact. 

(i) Gaming. "Gaming" means all forms of Class I, Class 11, or Class I11 Gaming, as 

defined in IGRA (25 U.S.C. §2703(6-8)). 

(j) Gaming Enterprise. "Gaming Enterprise" means the entity established to manage 

and operate the Nation's gaming and gaming-related activities under Title 8 of the 

Seminole Nation Code. 

(1) Gaming Facilitv. "Gaming Facility" means each location at which the Gaming 

Enterprise operates Covered Games authorized under IGRA or the Compact and 

Title 15 of the Seminole Nation Code of Laws. 

(1) Gaming Financer. "Gaming Financer" means a person or entity providing 

financing to the Enterprise as described in Part 10.C.l of the Compact and 

excepting persons or entities excluded under Part 10.C.3 or Part 10.C.4, who 

requires a License under the terms of the Compact. Provided, this term shall also 

include any person or entity employed, retained, or engaged to procure financing 

or provide development services. 

(m) Gaming Goods. "Gaming Goods" means any items or supplies used for or in 

conjunction with games and gaming and the security for such games and shall 
include, but not be limited to, the Games themselves (including gaming machines, 

gaming tables, cards, chips, dice, etc.); machines that count, weigh, or otherwise 

are used to process currency, chips, gaming tickets, gift cards, and other items of 

monetary value on the gaming floor or in backroom operations including currency 

and ticket counters, ticket redemption units, ticket and currency kiosks, and bill 

breakers; software and computer hardware that controls such games andlor that 

monitors or accounts for money and tickets for one or more games or that tracks 

players; security equipment such as surveillance cameras, recording equipment, 

key security systems, etc.; and the parts and supplies for such games, machines, 

items, and systems. 

(n) Gaming Operation. "Gaming Operation" means the Gaming Enterprise together 

with the Gaming Enterprise Board, employees, agents and the gaming facilities. 

(0) Gaming Vendor. "Gaming Vendor" means any person or entity that: 

(1) Manufactures, sells, or supplies gaming equipment any gaming equipment or 

parts or provides goods, or services for the gaming activities at the Gaming 

Enterprises, including accounting services and financing, but excluding 

certified public accountants or attorneys and their firms to the extent that they 

are providing services covered by their professional licenses; 

(2) Provides any other goods and services to or related to the Gaming Operation 

which person or entity is determined by regulations authorized under this Title 

to be a Gaming Vendor; or 

(3) Otherwise meets the description under Part 10.B.l of the Compact for 

requiring a License; and 

(4) Provides development and/or construction services in relation to a gaming 

facility licensed or required to be licensed by this Title. 

(5) A person or business entity engaged by the Seminole Nation under a 

Management Contract is also a Gaming Vendor. 

(p) General Council. "General Council" means the General Council of the Seininole 

Nation. 

(q) Hearing de Novo. "Hearing De Novo" means a new hearing or a hearing for he 

second time contemplating an entire trial in the same manner in which the matter 

was originally heard with, in addition, a review of previous hearings. 

(r) IGRA. "IGRA" means the Federal Indian Gaming Regulatory Act of 1988, 

25U.S.C, $2701, et seq., as amended. 
(s) Indian Lands of the Seminole Nation. "Indian Lands of the Seminole Nation" 

means all lands of the Seminole Nation that meet the definition of Indian lands as 

defined in 25 U.S.C. §2703(4). 

(t) Key Employ. "Key Employee" means: 

(1) A person who performs one or more of the following functions at a Gaming 

Enterprise: 

(A) Bingo Caller; 

(B) Counting room supervisor; 

(C) Chief of security; 

(D) Custodian of gaming supplies or cash; 

(E) Floor manager; 

(G) Dealer; 

(H) Croupier; 

(I) Approver of credit; or 

(J) Custodian of gambling devices including persons with access to 

cash and accounting records within such devices; 

(2) A person or entity that is a Covered Employee; 

(3) If not otherwise included, any other person employed by the Gaming 

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

(4) If not otherwise included, the four most highly compensated persons in the 

Gaming Enterprise; 

(5) Any person employed by SNGE and/or the Seminole Nation Gaming 

Enterprise who has substantial responsibilities related to the Gaming 

Ente~prise; or 

(6) Any person or entity providing services requiring: 1) access to sensitive or 

restricted areas of a gaming facility; 2) actual or remote access to a gaming 

system, gaming accounting system, and/or player tracking system; 3) access to 

the internal components of gaming machines; and/or 
(7) Any other person or entity designated a Key Employee by regulation issued 

pursuant to this Title. 

License. "License" means a revocable privilege granted by authority of the 

Seminole Nation Gaming Agency to do an act or series of acts, which without 

permission, would be unlawful under this Act. It is a permission granted by the 

SNGA to an instrumentality of the Seminole Nation to operate gaming 

establishments or to a person or entity to be employed by or to conduct business 

with such gaining establishments under the jurisdiction of the Seminole Nation. 

Licensee. "Licensee" means the holder of a License issued by SNGA under this 

Title. 

Management Contract. "Management Contract" means any contract, subcontract, 

or agreement collateral thereto between the Seminole Nation and a third-party 

contractor or between a Seminole Nation contractor and a subcontractor if such 

contract or agreement provides for the management of all or part of a Gaming 

Enterprise. Any person or entity operating under a Management Contract shall 

also be deemed a Gaming vendor under this Title. 

Nation. "Nation," when used alone or as "Seminole Nation" means the Seminole 

Nation of Oklahoma. 

National Indian Gaming Commission or NIGC. "National Indian Gaming 

Commission," or "NIGC," means the federal agency established by the IGRA. 

Net Win. "Net Win" shall mean the total amounts wagered less payoutslwinnings 

to patrons. 

Net Revenues. "Net Revenues" shall have the same meaning as that defined in 

Section 2703(a) of the Mian Gaming Regulatory Act. 

Nan-gaming Vendor. "Non-gaming Vendor" means a provider of services or 

goods to a Gaming Enterprise or any entity providing administrative or other 

services to or on behalf of the Gaming Enterprise that are not directly related to or 

used in connection with gaming activities or the handling, processing, and/or 

accounting of cash or cash equivalents from the gaining activities, but excluding 

goods and services provided by a publicly regulated utility company. Examples or 

such goods and services include, but are not limited to, providers of: uniforms or 

laundry services; food, beverages and goods; cleaning supplies and services; 

general purpose equipment or items such as light bulbs, vacuum cleaners, and 

decorations; and entertainment services. Goods and services provided by Nongaming Vendors explicitly exclude goods and services provided by Gaming 

Vendors. 
(cc) Patron. "Patron" means any person on the premises of a gaming facility for the 

purpose of playing games authorized under IGRA or the Compact. 

(dd) Patron Dispute. "Patron Dispute," for purposes of this Act, shall mean a dispute 

between a patron and a Gaming Enterprise, such as a dispute over the amount of a 

prize or a dispute over access of the Gaming Enterprise or a game within the 

Gaming Enterprise, but shall not mean a tort claim for personal injury or property 

damage against a Gaming Enterprise. 

(ee) Primary Management Official. "Primary Management Official" means: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person employed by the Gaming Enterprise, Gaming Facility, 

and/or SNGE or under a contract who has authority to: 

(A) Hire, fire, direct, supervise, and/or discipline employees of a 

Gaming Enterprise, Gaming Facility, andlor SNGE or of the 

contractor performing services for the Gaming Operation; 

(B) Establish, approve, andlor implement policy for the Gaming 

Operation; 

(C) Supervise, direct, or operate gaming activities, including any 

person with authority to direct the placement or removal of 

games on or from a Gaming Facility; and 

(D) Supervise, direct, or oversee the financial affairs and activities of 

the Gaming Operation; and 

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

management responsibility as an employee of SNGE andlor the 

Gaming Enterprise, or under a contract providing services to the 

Gaming Enterprise. 

(ff) Principal. "Principal" means, with respect to any Gaming vendor or Gaming 

Financer, its sole proprietor or any partner,' trustee, beneficiary, or shareholder 

holding five percent or more of its beneficial or controlling ownership, either 

directly or indirectly, or any officer, director, primary management employee 

including its Chief Financial Officer or other person who has financial 

management responsibility as an employee or under contract, or key employee 

thereof. 
(gg) Secretary. "Secretary" means the Secretary of the Department of the Interior 

(hh) Seminole Nation Court. "Seminole Nation Court" means a court established by 

the Seminole Nation to exercise criminal andlor civil jurisdiclion over actions 

arising in Indian Country within the Seminole Nation pursuant to the Seminole 

Nation Constitution and Code of Laws. 

(ii) SNGA. "SNGA" means the Seminole Nation Gaming Agency established 

pursuant to this Act. 

(ij) SNGA Gaming Commissioner. "SNGA Gaming Commissioner" means the 

official who directs the SNGA, and the Chief Gaming Regulator, and hears appeal 

and performs the duties of the Commissioner established by this Title, including 

issuing regulations implementing this Act which govern the actions of any 

gaming operations licensed under this Act 

(kk) SNGE. "SNGE" means the Seminole Nation Gaming Enterprise including its 

executive director, employees, agents, its employees and agents as more 

particularly described under Title 8 of the Seminole Nation Code, or any 

successor in interest. 

(11) State Compliance Agency (or SCAI). "State Compliance Agency" (or "SCA") 

shall mean the State of Oklahoma's Office of State Finance. 

(mm) This Title. "This Title" (or, "this Title") used in the text of this Title means Title 

15 of the Seminole Nation Code of Laws, as it may, from time to time, be 

amended or the Title renumbered. 

(nn) Tribal Compliance Agency (TCA). "Tribal Compliance Agency" (TCA) under the 

Compact shall be the Seminole Nation Gaming Agency. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29, 1991; 

Codified by Law 91-12, November 16,1991; Amended by Law No. 92-1, 

March 7, 1992; Amended by Law No. 94.2, February 24, 1994; 

Ordinance No. 09-08, June 6,20091 

Section 6. Interpretation of Act. 

The provisions of this Act, being necessary tor the welfare of the Seminole Nation and its 

inhabitants, shall be liberally construed to affect the purposes and objects thereol. 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 hereof. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29, 1991; 

Codified by Law 91-12, November 16, 1991; 
Ordinance No. 09-08, June 6,20091 

Section 7. Severabilitv. 

The provisions of this Act 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 shall not affect or impair 

any of the remaining parts or provisions of this Act. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 8. Repeal of Inconsistent Legislation. 

This Act revokes, supersedes, and replaces both the Seminole Nation Ordinance 91-12, and 

Seminole Nation Ordinance 09-08, as amended, in their entirety. All other laws of the Seminole 

Nation inconsistent with the provisions of this Act and existing as of the effective date of this 

Act are hereby repealed, including all inconsistent laws, ordinances, and resolutions. Repeal by 

this Act of any law, ordinance, or resolution shall not have the effect of reviving any prior law, 

ordinance, or resolution heretofore repealed or suspended by such repealed code. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16,1991; Law 94-2, 

February 24, 1994 ("'Any provision in Title 15 which is 

inconsistent with this amendment is hereby repealed. This Law 

shall be effective upon date of passage."); 

Ordinance No. 09-08, June 6,20091 

Section 9. Codification. 

This Act is hereby codified as Title 15 of the Seminole Nation code of Laws and may be 

recodified as necessary to the extent the Seminole Nation Code of laws is recodified. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 10. Effective Date of Act. 

This Act shall become effective as a replacement for the Seminole Nation Ordinance 91-12, as 

codified as Title 15 of the Seminole Nation Code of Laws and any amendments to Title 15 

enacted prior to the date of this Act immediately upon its approval by the Chairman of the NIGC. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 
Section 11. Proprietary Interest. 

The Seminole Nation shall have sole proprietary interest and responsibility for the conduct of 

gaining activities conducted on the Indian Lands of the Seminole Nation. 

[HISTORY: Ordinance No. 86-2; ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 12. Classes of Games Authorized. 

(d) Class I, 11, and 111 gaming are hereby authorized to be conducted upon Indian 

Lands of the Seminole Nation, provided that Class I11 gaming shall be permitted 

only if, and only to the extent, authorized by a duly executed Tribal-State Gaming 

Compact(s) andlor amendment(s) thereto between the Nation and the State of 

Oklahoma approved by the Secretary of the Department of the Interior. 

(e) No Class I11 gaming activities may be conducted on Indian Lands of the Seminole 

Nation in the absence of a valid, approved Compact or in contravention of such 

Compact. 

Section 13. Regulation of Gaming 

All gaming activities of the Seminole Nation and all related activities undertaken in connection 

with such gaming activities shall be regulated by the Seminole Nation Gaming Agency, an 

independent regulatory agency of the Seminole Nation. 

Section 14. Use of Gaming Revenue. 

(a) Net revenues from Class I1 and Class I11 gaming shall be used only for the 

following purposes: 

(1) To fund the Nation's government operations and programs; 

(2) To provide for the general welfare of he Nation and its members; 

(3) To promote the Nation's economic development activities; 

(4) To donate to charitable organizations; and 

(5) To help fund operations of local government agencies. 

(b) Restrictions. 
The Nation's gaming revenues may be expended for the purposes specified in 

subsection (a) of this Section 14 only if administered by a governmental 

department, division, component, agency, andlor other governmental 

instrumentality of the Seminole Nation as authorized by the Nation's law(s) 

and/or as appropriated by the General Council. The Nation's gaming revenues 

shall not be subject to distribution to individual members on a per capita basis, 

provided that, nothing.in this section shall be construed to prevent the Nation 

from disbursing grants, scholarships, or providing other benefits or services 

administered by the Nation to qualified members. Provided further, nothing in this 

Act shall be construed to limit the authority of the Seminole Nation or any 

governmental instrumentality of the Seminole Nation to make any purchase of 

any kind or to save, deposit, or invest any portion of the Nation's gaming 

revenues in any authorized savings andlor investment fund, account, or program. 

Section 15. Management Contracts. 

No management contract may be executed by or on behalf of the Seminole Nation with any 

third-party unless authorized by a duly adopted resolution of the General Council and in full 

compliance with all applicable provisions of IGRA, particularly, 25 U.S.C. Section 2711 and 

regulations issued p~~rsuant thereto. 

Section 16. Internal Revenue Code and Other Applicable Federal Laws. 

In addition to its authority to enforce compliance with this Title and regulations issued 

hereunder, the SNGA is hereby delegated the authority to monitor, enforce, and sanction 

violations of all federal laws and regulations applicable to the Nation's gaming activities 

including, without limitation, the pertinent provisions of Title 25 of the United States Code and 

the Code of Federal Regulations, the Internal Revenue Code and Title 31 of the U.S. Code and 

Code of Federal Regulations, among others. 

Section 17. Designation of Agent for Service of Process. 

The Chief Gaming Regulator of SNGA is hereby designated as agent for service of any official 

determination, order, or notice of violation of this Title or of IGRA. The address, phone number, 

and fax number of the Chief Gaming Regulator shall be published and continuously made 

available on the website of the SNGA andlor Nation. The Chief Gaming Regulator shall 

promptly report and provide copies of any such service to the Chief and/or General Council as 

appropriate. Should the Chief Gaming Regulator be unavailable or the position vacant, any 

actively and validly appointed SNGA Gaming Commissioner shall be alternatively designated as 

service agent. 

Section 18. Compliance with Compact. 

The SNGA is hereby delegated the authority to monitor, enforce, and sanction violations of the 

terms and conditions of the Nation's gaming Compact(s). 

14 
Section 19. Consent to Jurisdiction. 

(a) Consent. Any person who: 

(1) Applies for and/or is granted a License under this Title; 

(2) Applies for einployment in any Gaming Facility Licensed andlor regulated 

under this Title: 

(3) Enters into any contract, engagement, or agreement related to gaming 

regulated underthis Title; or 

(4) Participates in any gaming activity authorized by this Title or enters onto 

the premises of any Gaming Facility licensed under this Title 

is subject to the civil jurisdiction of the Nation, SNGA, and the Seminole Nation Court 

and a person's performance of any of these acts shall constitute consent to a commercial 

transaction and consent, waiver and ratification of the Nation's exercise of such 

jurisdiction. 

(b) Consent. Any Native American who: 

(1) Applies for and/or is granted a License under this Title; 

(2) Applies for employment in any Gaming Facility Licensed and/or regulated 

under this Title; 

(3) Enters into any contract, engagement, or agreement related to gaming 

regulated under this Title; or 

(4) Participates in any gaming activity authorized by this Title or enters onto 

the premises of any Gaming Facility licensed under this Title 

is subject to both the civil and criminal jurisdiction of the Nation, SNGA, and the 

Seminole Nation Court; and a person's performance of any of these acts shall constitute 

consent to a commercial transaction and consent, waiver and ratification of the Nation's 

exercise of such jurisdiction the Nation's exercise of such jurisdiction. 

(c) Limitation. Nothing in this Section shall limit the jurisdiction of the Nation, the 

SNGA, or the Seminole Nation Court under any circumstances not explicitly 

contemplated in this Title nor shall this Title be construed to waive, in whole or in part, 

the Nation's sovereign immunity from unconsented suit. 

Section 20. Noncompliance. 
Failure to comply with any of the requirements of this Tiile, or the regulations promulgated 

hereunder shall constitute a violation of this Title. 
CHAPTER ONE 

SEMINOLE NATION GAMING AGENCY AND COMMISSIONERS 

Section 101. Establishment of Seininole Nation Gaming Agencv Successor in Interest; Structure. 

(a) SNGA Established. In order to provide for comprehensive and effective 

regulation of the Nation's Gaining activities, there is hereby established the 

Seminole Nation Gaming Agency. 

(b) Successor in Interest to the Seminole Nation Gaming Commission. The Seininole 

Nation Gaming Agency shall be the successor in interest to the Seminole Nation 

Gaming Commission. All staff, assets, liabilities and contractual obligations of 

the Seminole Nation Gaming Commission are hereby transferred to and assumed 

by the Selninole Nation Gaming Agency, and nothing in his Act shall be 

construed to alter any lawful contract~lal obligations authorized by the Seminole 

Nation Gaming Commissioil under prior law. All regulations approved by the 

Seminole Nation Gaming Commission approved under prior law shall continue in 

force under SNGA until amended or withdrawn by the SNGA Gaming 

Commissioners or the Chief Gaming Regulator in accordance with this Title. 

(c) Organizational Structure. SNGA shall have separate divisions for Licensing, 

Compliance, Audit, and Surveillance, and such other units as necessary, which 

shall report to the Chief Gaining Regulator and which shall have the 

responsibilities set out in this subsection and such other responsibilities as may be 

assigned to them by the Chief Gaming Regulator or the SNGA Gaming 

Commissioners. 

(I) Licensing Division. The Licensing Division shall have responsibility for 

administering the licensing, registration and permitting programs of the 

Seminole Nation for gaming facilities, individuals, and entities pursuant to 

this Title, IGRA, and the Compact, including the conduct of background 

investigations for License applicants, continuous review of licensees, aid 

ensuring that all suitability standards required of licensees are met and 

maintained. 

(2) Compliance Division. The Compliance Division shall have authority to 

monitor and investigate compliance with this Act, including: 

(A) Monitoring, inspecting, and investigating known or suspected 

violations of this Act and regulations promulgatcd pursuant thereto 

or other applicable laws as well as the Compact(s); 
(B) Conducting or causing to be conducted inspections and 

investigations related to the health, safety, and environmental 

protection of patrons, staff, facilities, and the external - 

environment; 

(C) Monitoring the installation, use, and operation of games, gaming 

systems and gaming equipment; and 

(D) Carrying out other functions and responsibilities as directed or 

,assigned by the Chief Gaming Regulator or the SNGA Gaming 

Commissioners. 

(3) Audit Division. The Audit Division shall have responsibility for: 

(A) Conducting financial and other audits to ensure compliance with 

all financial and operational requirements for Gaming activities of 

the Seminole Nation such as those included in this Title, IGRA, 

Title 31 of the United States Code, SNGA regulations, and the 

Compact; 

(B) Assuring that all necessary external audits are performed annually 

or at such other periods as may be required; 

(C) Reviewing all audit reports and the financial controls in place in 

such gaming operations; 

(D) Reporting all violations and material weaknesses to the Chief 

Gaming Regulator and SNGA Gaming Commissioners for 

appropriate action; and 

(E) Carrying out other functions and responsibilities as directed or 

assigned by the Chief Gaming Regulator or the SNGA Gaming 

Commissioners. 

(4) Surveillance Division. The Surveillance Division shall have the 

responsibility for conducting a continuous surveillance program at all 

gaming operations licensed under this Title including the designation of 

locations and operation of continuous camera coverage of gaming 

operations, the recording of such camera coverage, the operation of any 

rooms designated for surveillance over gaming activities, the conduct of 

surveillance investigations, and the conduct of such other surveillance as 

may be appropriate. Such surveillance program shall comply with all 

terms and reporting requirements related to surveillance provisions of this 

Title, IGRA, and the Compact. 
(d) Em~lovment Limitations. Persons employed by the Seminole Nation Gaming 

Agency shall: 

(1) Undergo a background investigation and meet the same suitability criteria 

as that applicable to key employees; 

(2) Be independenl of SNGE. Officials and employees of the SNGA may not 

be employed by SNGE nor shall they participate in any gaming activities, 

including promotional activities; 

(3) Have no financial interest in the operation of a licensee under this Act or 

in any contract entered into between the Gaming Operation and another 

party; and 

(4) Shall not be considered "employees" of the Nation as defined by Title 11 

of the Seminole Nation Code of Laws; and shall only be subject to the 

hiring, firing, benefits and terms of the SNGA's Employment Policies and 

Procedures. Any extension of benefits under the Nation's policies of laws 

shall not be construed as waiver and it shall not constitute or give rise to 

the expectation of continued employment or additional employment rights 

outside of the SNGA policies. Nothing in the SNGA policies shall be 

construed as an employment contract or a waiver of the Sovereign 

immunity of the SNGA or the Seminole Nation or consent to lawsuit. 

(e) Gaming Commissioners may Issue Subpoenas and Compel Testimony. Issue 

subpoenas to compel testimony and to obtain records and things as needed for 

investigations or civil violation hearings. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 102. Eslablishment, Appointment, Term, and Oualifications of the Seminole Nation 

Gaming Agency Commissioners and Chief Gaming Regulator; Provision for Acting Chief 

Gaming Regulator. 

(a) The Seminole Nation Gaming Agency shall consist of three SNGA Gaming 

Commissioners nominated by the Principal Chief for appointment and confirmed by the 

General Council. 

(b) To be eligible for appointment as an SNGA Gaming Commissioner, a nominee shall: 

(1) Based on a combination of experience and education, be considered to be capable 

of performing the duties of the position with preference given to those who have 

obtained an associate's degree, or bachelor's degree, and have significant gaming 

experience and certifications; 

(2) Be at least twenty-five years of age at the time of appointment; 
(3) Never have been convicted on any crime of moral turpitude, including, but not 

limited to, fraud, theft, bribery, or embezzlement, regardless of the degree of the 

offense, by any court of law; 

(4) Never have been convicted of any felony offense by any court of law; 

(5) Never have been found culpable for any gaming offense by any regulatory 

jurisdiction; 

(6) Never have had a gaming license suspended or revoked; 

(7) Never have been removed from the office of Gaming Commissioner or gaming 

employee of misconduct or cause; 

(8) Have no pecuniary interest in any gaming management contract between the 

Nation and a third party, or in any entity that provides gaming equipment or 

supplies to a Facility licensee; and 

(9) Preference shall be given to members of the Seminole Nation and then to nonmember, Native Americans and then to non-Native Americans. 

(c) Within six (6) months of the enactment of this provision, the Principal Chief shall 

nominate three individuals to serve as SNGA Gaming Commissioners, such nominations 

to be affirmed or denied by the General Council. The term of office for Gaming 

Commissioners shall be live years; the initial appointments under this provision shall 

serve staggered terms of one (I), two (2) and three (3) years, respectively. Individuals 

serving as SNGA Gaming Commissioners may be reappointed for subsequent terms. 

(d) Each SNGA Gaming Commissioner shall be entitled to receive a stipend of $6,000.00 per 

year as approved by the General Council in the annual SNGA budget. Gaming 

Commissioners shall not be considered employees of the Nation for purposes of Title 11. 

(e) The SNGA Gaming Commissioners shall meet not less than monthly with additional 

meetings to be called as needed subject to prior posting of notice with the Office of the 

Principal Chief and the Office of the council Secretary. The SNGA Gaming 

Commissioners shall have the authority to call special, emergency meetings as necessary; 

however, in all meetings, special or regular, attempted, reasonable notice must be made 

as soon as possible to all Commissioners and the Chief Gaming Regulator. 

(f) Actions taken by the SNGA Gaming Commissioners shall be upon majority vote. 

(g) Within three months of their appointment, the SNGA Gaming Commissioners shall hire a 

Chief Gaming Regulator who shall be hired as the equivalent of a Grade 15 position 

pursuant to Title 11, Section 202 of the Seminole Nation Code of Laws or as modified in 

an annual budget approved by the General Council. 

(h) The Chief Gaming Regulator shall be the equivalent of an Executive Director as used in 

Title 11. The Chief Gaming Regulator shall remain exempt from Title 11. All 

employment-related disputes shall be handled by the SNGA Gaming Commission. 

(i) Chief Gaming Regulator. The Chief Gaming Regulator shall be responsible for the dayto-day direction and management the SNGA at the direction of the SNGA Gaming 

Commissioners. 

(i) Acting Chief Gaming Regulator. If the position of the Chief Gaming Regulator position 

becomes vacant for any reason, including, but not limited to retirement, removal pursuant 

to Section 104 of this Title, resignation, disability, or death, any SNGA Gaming 

Commissioner, who is willing and able may assume the responsibilities as Acting Chief 

Gaming Regulator, as an interim appointment of the Principal Chief not requiring 

20 
additional confirmation by the General Co~~~lcil shal be appointed with notice to the 

General Council for a term not to exceed three (3) months until a replacement is 

appointed or hired. 

(k) These provisions shall take full force and effect upon the appoiiltment of at least two of 

the three SNGA Gaming Commissioners by the General Council. After three SNGA 

Gaming Commissioners are initially appointed, a subseq~lent, sim~lltaneous vacancy of 

two SNGA Gaining Commissioners shall not prevent the action of a single SNGA 

Gaming Commissioner from having authority act until such time as replacements are 

appointed. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29, 

1991; Codified by Law 91-12, November 16,1991; Amended by Law No 

2001-12, December 1,2001; Amended by Law No. 2003-32 December 6, 

2003; Amended by Law No. 2003-24 December 16,2003; Amended by 

Ordinance No. 2004-3 1, December 4,2004; Amended by Ordinance No. 

2007-02, March 3,2007; Ordinance No. 09-08, June 6,20091 

Section 103. Outside Employment and Activities of the Chief Gaming Regulator. 

The Chief Gaming Regulator may not hold any other tribal position except temporary duties 

assigned by Executive Order to be performed without increase in compensation. Subject to 

approval of the SNGA Gaming Commissioners, the Chief Gaming Regulator may not be 

engaged in a business or employment outside the Nation, provided that the Chief Gaming 

Regulator shall not engage in any business which is subject to provisions of this Title or which 

has commerce with any licensee under this Title. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29, 

1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 104. Removal or Suspension of Gaming Commissioners. 

(a) Cause Required. A SNGA Gaming Commissioller may bc removed for cause, 

which shall include, but is not limited to: failure to carry out SNGA duties, 

excessive use of intoxicants or controlled s~~bstances, use of office for personal 

gain, violation of this Title or other law or regulation of the Nation or of IGRA, or 

any misconduct or gross neglect of duty reflecting adversely on the dignity and 

integrity of the Seminole Nation or its government. Only the General Council 

shall have the authority to remove a Gaming Co~nmissioner upon majority vote, 

provided that the removal process may be commenced upon recomrncndation of 

the Chief. 

(b) Removal Authority. A SNGA Gaming Commissioner may be removed from 

office prior to the end of any term when the General Council by majority vole 

removes said Commissioner for any of the following reasons, including but not 

limited to: 
(1) Failure to carry out his or her SNGA responsibilities, 

(2) Excessive use of intoxicants or controlled substances, 

(3) Use of office for personal gain, 

(4) Violation of this Title or other law or regulation of the Nation or of IGRA, 

or 

(5) Any misconduct or gross neglect of duty reflecting adversely on the 

dignity and integrity of the Seminole Nation or its government. 

Mandatorv Removal. A Gaming Commissioner shall be removed by the General 

Council upon majority vote and the position deemed immediately vacant if the 

Commissioner is, but not limited to: 

(1) Convicted by a court of law of any felony, 

(2) Convicted for any misdemeanor offense involving a crime of moral 

turpitude, 

(3) Found by any gaming jurisdiction to be culpable for any gaming offense, 

or 

(4) Found to be ineligible for a gaming License under this Title. 

Suspension. A SNGA Gaming Commissioner may be suspended by the Principal 

Chief for the following circumstances, including but not limited to: misconduct, 

pending removal process, or any criminal charge, arrest, or conviction. 

Suspe~~lsion may be without pay. Should any charge or arrest no result in a 

conviction, back-pay may be retroactive upon financial availability. 

Due Process for Removal. In any removal process, a Notice of Proposed Removal 

shall be provided to the SNGA Gaming Commissioner at least fourteen days in 

advance of the date set for the General Council's meeting to take action on such 

removal, and shall set forth, in particular, the basis for such proposed action with 

sufficient specificity as to permit the preparation of an answer to such 

allegation(s). The respondent shall have the right to be represented by legal 

counsel at respondent's own expense and shall be permitted to speak and offer 

relevant evidence in his or her own defense. The General Council's decision shall 

be final and unappealable. 

Continuing Duty to Report. A SNGA Gaming Commissioner shall serve under a 

continuing duty to apprise the Principal Chief and the General Council of any 

charge, arrest, or conviction that occurs during his or her term of office. 
[HISTORY: Ordinance No. 86-2; Ordina~lce No. 91-08, August 29, 1991; 

Codified by Law 91-12, November 16, 1991; Amended by Law 

No. 2004-04, January 17,2004; Ordinance No. 09-08, June 6,20091 

Section 105. Duties and Authorities of the Chief Gaining Regulator. 

(a) Responsibilities. The Chief Gaming Regulator shall: 

(1) Administer and Enforce This Title. Be charged with the responsibility of 

administering and enforcing the provisions of this Title at the direction of 

the SNGA Gaming Commissioners. 

(2) Direct and Manage SNGA. Direct and manage the SNGA and its staff and 

administer the resources of the SNGA as directed by the SNGA Gaming 

Commissioners. 

(3) Monitor and Enforce Compliance. Monitor and enforce compliance with 

all laws and regulations applicable to the Nation's gaming activities. 

(4) Issue Regulations. Subject to approval of the SNGA Gaming Commissio11, 

have the authority and responsibility for issuing regulations to implement 

all provisions of this Title for the purposes and in the manners provided in 

Section 107 of this Title, which authority and responsibility may not be 

further delegated. 

(5) Resolve Patron Disputes. 

Investigate, determine the validity of, and order action on the part of the 

Enterprise or deny action to a patron in a patron dispute, other than one 

involving a prize claim or machine malfunction, which order or denial 

shall be final action on behalf of the Seminole Nation and may not be 

appealed to the Gaming Commission. 

(6) Resolve Patron Disputes Over Prizes. 

Investigate, determine the validity of, and order action granting to a patron 

claimant the just and reasonable compensation lor the amount of a prize 

not previously paid to a patron by the Enterprise in the case of a prize 

claim not resolved by the Enterprise within seventy-two hours of the filing 

of the prize claim where the prize earned was not awarded, the amount 

earned was not awarded, or the right to receive a refund or other 

compensation was infringed upon by the Gaining Operation, or order the 

denial of such a claim on behalf of the Enterprise. Provided further that: 
(A) Such actions by the Chief Gaming Regulator shall be in accord 

with the Compact(s) for any games covered by the Compact(s); 

(B) The Chief Gaming Regulator shall, subject to the approval of the 

SNGA Gaming Commission, promulgate regulations for this 

purpose, which regulations shall be consistent with the Compact 

for all games covered under the Compact; 

(C) Failure on the part of a claimant to file a timely claim or follow the 

procedures provided in the Compact or the regulations 

promulgated under this subsection shall constitute mandatory 

grounds for denying a prize claim; and 

(D) A decision of the Chief Gaming Regulator denying a prize claim 

by a patron shall be deemed a denial of the prize claim by the 

Enterprise and may be appealed by the denied patron to the SNGA 

Gaming Commission. 

(8) Designate a Deputy Chief Gaming Regulator. Subject to the approval of 

the SNGA Gaming Commission, designate an employee of the SNGA, as 

a collateral duty, to serve as Deputy Chief Gaming Regulator, who shall 

assume the duties of the Chief Gaming Regulator when the Chief Gaming 

Regulator is: 1) on leave or travel; 2) recused from dealing with a 

particular matter; or 3) otherwise unavailable. The Deputy Chief Gaming 

Regulator, for such time and with such authority and responsibilities as 

may permissibly be delegated by the Chief Gaming Regulator, shall 

assume the functions and responsibilities of the Chief Gaming Regulator. 

(9) Make Employment Decisions. Employ such persons as may be necessary 

and are within the approved budget of the SNGA, assign them 

responsibilities, and delegate them authority to act. The authority to 

employ persons shall include the authority to hire, terminate, suspend, 

discipline and take other personnel actions commensurate with managing 

a staff of employees consistent with the SNGA Employment Polices. The 

Seminole Nation Gaming Regulatory Agency shall be exempted from the 

requirements of Title 11 of the Seminole Nation Labor Laws, the Seminole 

Nation Employment Systems Act; however, if SNGA fails to adopt 

employment, personnel or labor guidelines, regulations or policies, Title 

11 requirements shall apply until such time as the SNGA Employment 

Polies are adopted. Nothing in this section prevents the SNGA from 

adopting or opting into the requirements of Title 11. 

(10) Classify and License Games. Classify and license Class I, 11, or I11 games 

subject to the approval of the SNGA Gaming Commission. 
(11) Develop and Administer the SNGA Budget. Subject to the approval of the 

SNGA Gaming Commission and the budget provisions of Title 14, 

develop and recommend the budget for operations of the SNGA to the 

Principal Chief, the Finance Committee, and the General Council, and 

adininister the financial affairs of the agency in accordance with 

appropriate governmental accounting standards. 

Write Checlcs. Have check writing authority, provided that any checks 

written for $1000.00 or more shall require the signature of either the Chief 

Gaming Regulator or the Deputy Chief Gaming Regulator and the 

signature of a SNGA Gaming Commissioner, further provided that no 

signatory on any check shall also prepare such check. The Chief Gaming 

Regulator subject to the approval of the SNGA Gaming Cornmissioners 

shall institute a system of accounting consistent with generally accepted 

government accounting principles and sufficient financial controls to 

ensure that the total amount of expenditures by the SNGA shall not exceed 

the annual budget level approved by the General Council. The Seminole 

Nation Treasurer shall maintain SNGA bank accounts on behalf of the 

SNGA. Should there be a vacancy in either the Chief Gaming Regulator 

andlor the Deputy Chief Gaming Regulator, SNGA Gaming 

Coinmissioners shall have check signing authority. 

(13) Secure Legal and Other Services. Einploy or contract for legal and other 

services by providers subject to the approval of the SNGA Gaming 

Commission. The SNGA Gaming Commission may utilize the services of 

the Office of Attorney General. 

(14) Assess and Collect Licensing Fees. Assess and collect licensing fees, 

which shall be retained and used by the SNGA to offset its expenses. 

(15) Assess and Impose Fines. Subject to the approval of the SNGA Gaming 

Commission, assess and impose fines for violations of this Act or noncompliance with regulations issued pursuant hereto, provided that the 

proceeds from an imposed fine shall be deposited into the general fund of 

the Seminole Nation. 

(16) Observe Gaming Activities. The Chiel Gaming Regulator and such staff 

and attorneys of the SNGA, as he or she may designate or direct, shall 

have the authority to observe all Gaming-related activities at Licensed 

facilities under this Title in order to provide oversight of all gaming 

activities under this Title, to assure financial accountability, and to assure 

compliance with IGRA, this Title, and SNGA regulations. Interference 

with the monitoring [unctions of the SNGA shall be deemed a substantial 

violation of this Act. 

(17) Hold Public Hearings, Take Sworn Testimony, aid Talce Other Le~al 
& The Chief Gaming Regulator and such staff and attorneys of the 

SNGA, as may be designated by the Chief Gaming Regulator, shall have 

the authority to hold public hearings, take sworn testimony and do any 

other legal act in furtherance of the SNGA's duties. 

Seelc Comity With Other Court Jurisdictions. The Chief Gaming Regulator 

is empowered to seek comity and enforcement of the orders of the SNGA 

by the courts of any jurisdiction whose assistance may be required to give 

effect to such orders. The Chief Gaming Regulator is also empowered to 

issue orders to enforce the lawful orders of other gaming regulatory 

agencies and the courts. 

Perform Other Duties. Perform all duties and responsibilities that are 

deemed by the Chief Gaming Regulator or SNGA Gaming Commissioners 

as necessary to carry out the provisions of this Title, the SNGA's 

regulations, IGRA, the terms of the Compact, and all other activities as are 

consistent with the power and authority delegated to the Chief Gaming 

Regulator and the SNGA under this Title 

Exercise Authorities of the SNGA. The Chief Gaming Regulator is 

empowered to exercise the authorities granted to the SNGA. 

(21) Procurement. The SNGA shall be exempted for Title 11 and 14 for the 

purposes of TERO and Procurement. The SNGA shall adopt procurement 

policies and contracting policies subject to the approval of the SNGA 

Gaming Commissioners. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, 

August 29,1991; Codified by Law 91-12, November 16,1991; 

Amended by Law No. 2001-12, December 1,2001; 

Amended by Law No. 2004-05, March 6,2004; 

Ordinance No. 09-08, June 6,20091 

Section 106. Duties and Authorities of the Seminole Nation Gaming Agency. 

In addition to the duties and authorities of the Chief Gaming Regulator and the SNGA Gaming 

Commission described in Section 105 of this Title, the SNGA shall regulate all gaming activities 

on the Indian Lands of the Seminole Nation and enforce the provisions of this Title. 

Commensurate with these responsibilities, the SNGA shall have the following powers, duties, 

and responsibilities: 

(a) License. To - 

(1) Prepare, print, distribute, and process applications for and issue Licenses 

to gaming facilities, employees, and vendors; 
(2) Establish a schedule of fees for gaming Licenses, and collect such fees; 

(3) Approve or deny any License application; 

(4) Revoke, limit, condition, suspend, or restrict any License; and 

(5) Make a finding of suitability or approval of a License, provided that the 

SNGA shall accord all licensees due process of law prior to the issuance 

of a final order of denial, revocation, or suspension; 

(b) Review. To - 

(1) Obtain and review any and all gaming contracts, records, and documents 

and anything else necessary and pertinent to the financial accountability of 

licensees or enforcement of any provision of gaming contracts, 

agreements, IGRA, this Title, and other applicable laws of the Seminole 

Nation. 

(2) Obtain and review any reports prepared or caused to be prepared by SNGE 

andlor the Gaming Enterprise related to the Gaming Operation, including 

all financial statements, performance reports, income and expense 

statements, reports, and documentation, and any other record, document, 

or file related to the Gaming Operation. 

(3) Review, and as necessary, approve operational plans, policies, and 

procedures of the Gaming Operation including plans for promotions, 

marketing, player tracking, advertising and any other programs, of the 

Gaming Operation. 

(c) Monitor, Inspect, and Regulate. To - 

(1) Monitor and regulate the conduct of all licensees, and 

(2) Inspect and examine all premises where gaming is conducted or gaming 

devices or equipment is stored and/or serviced. 

(d) Surveillance. To 

(1) Operate a program of continuous surveillance at all gaming operations 

licensed under this Title including designation the locations and operation 

of continuous camera coverage of gaming operations, the recording of 

such camera coverage, the operation of any rooms designated for 

surveillance over gaming activities, the conduct of surveillance 

investigations, and the conduct of such other surveillance as may be 
necessary and appropriate. 

(2) Charge the entire cost of thc surveillance program, including personnel 

and equipment costs, in the form of a fee assessment against the Gaming 

Operation. 

(e) Investigate. To conduct such investigations as may be needed to carry out the 

purposes of this Title including the conduct of background investigations to 

determine the suitability of gaming License applicants and the investigation of 

any suspected violations of this Title, IGRA, the Compact, and all applicable 

laws, rules and regulations. In carrying out its investigative function the SNGA - 

(1) May audit, inspect, examine, and photocopy an applicant's or licensee's 

papers, books, and records, including financial records, employment 

history, and any and all other information the Agency deems necessary to 

determining the suitability of applicants and the continuing suitability of 

licensees; and 

(2) Shall refer any criminal activity it uncovers to the appropriate law 

enforcement agency for prosecution; 

(f) Sanction and Enforce. To impose fines or otherwise sanction violations of this 

Title and enforce its terms by means of appropriate orders and/or directives, 

provided that the Agency shall accord all licensees due process of law prior to the 

issuance of a final order of denial, revocation, or suspension; 

(g) Audit. To conduct such audits as may be needed for the proper control and ' 

financial oversight of gaming activities, including financial and operational 

audits; and 

(1) Ensure that an annual independent financial audit is performed and timely 

submitted to the NIGC, SCA, and the Seminole Nation; and 

(2) Ensure that an annual independent operational audit conducted pursuant to 

agreed upon procedures in relation to the Gaming Operation's compliance 

with the internal control standards established by SNGA, applicable NIGC 

regulations, and the Compact; 

(h) Conduct Hearings. To conduct hearings, issue subpoenas, take testimony, and 

render decisions concerning - 

(1) Licensing matters; 

(2) Patron disputes; 

(3) Exclusion matters; 
(4) Enforcement matters; 

(5) Evidentiary matters; and 

(6) Such other matters as necessary and appropriate to the discharge of its 

duties; 

Issue Orders and Citations. To issue orders and citations compelling action; 

Assess Civil Penalties; and To assess civil Penalties. 

Monitor and Regulate Games. To monitor, regulate, classify, and establish 

technical standards for games, gaming activities, and gaming equipment; 

Appear in Legal Proceedings. To appear before the SNGA Gaming Commission 

and the Seminole Nation Court in any proceeding to which the Agency has 

voluntarily consented a party or witness; 

Grant Approvals for Operating Policies and Procedures of Gaming Activities. To 

approve or disapprove all operating policies and procedures of the Seminole 

Nation's gaming activities; 

Resolve Patron Disputes. To resolve patron disputes such as those over casino 

access and prize claims, but not tort claims. 

Address Patron Gaming Problems, to make determinations regarding the 

exclusion of, or other actions related to, persons determined by the Gaming 

Operations to have a compulsive gaming problem. 

Provide for Intergovernmental Cooperation. 

To enter into cooperative agreements or other arrangements with other 

governmental entities, including but not limited to tribal, state, and federal 

agencies, or to contract with private entities or institutions for the performance of 

functions or activities related to the regulation of gaming such as health and safety 

inspections, environmental review, and othcr technical services, provided that the 

Agency shall not waive or purport to waive any jurisdiction of the nation or the 

Nation's sovereign immunity from nnconsented suit. 

Reporting. That SNGA shall provide written reports to the General Council no 

less than quarterly and shall provide additional reports, written or verbal, upon 

request by either the Principal Chief or the General Council 

Perform Other Responsibilities. 
Perform any and all duties and responsibilities that are deemed by the Chief 

Gaming Regulator as necessary lo carry out the provisions of this Title and the 

Seminole Nation of Oklahoma Code, the SNGA's regulations, IGRA, the terms of 

the Compact, and all other applicable laws and regulations; and handle such other 

matters and conduct such other activities as are consistent with the power and 

authority delegated to the SNGA Gaming Commission, Chief Gaming Regulator, 

and the SNGA under this Title. 

Section 107. Issuing, Revising, and Withdrawing Regulations. 

(a) Promulgate Regulations. The SNGA shall promulgate regulations as necessary to 

administer the provisions of this Title. 

(b) Regulatory Scope. The scope of the rulemaking authority of the SNGA shall 

include the authority to prom~~lgate rules and regulations - 

(1) Necessary for the orderly transaction and cond~~ct of SNGA operations; 

(2) Establishing standards and procedures for the licensing and/or registration 

of persons and entities including, but not limited to, the issuance, 

suspension and revocation of Licenses under this Title; 

(3) Establishing standards and procedures for the licensiiig and regulation of 

games to be used at a licensed Facility; 

(4) Adding categories of employees, other persons, or entities to the list of 

positions classified as Key Employees or entities classified as Gaming 

Vendors; 

(5) Governing the conduct and operation of gaming and gaming-related 

activities such as, but not limited to, the award of prizes, internal control 

standards, technical standards, installation of equipment, and classification 

of games; 

(6) Governing inspections, investigations, and enforcement actions; 

(7) Establishing fees for licensing; 

(8) Establishing fines and other sanctions, and taking such other actions as 

may be necessary to enforce SNGA regulations, this Title, IGRA, 

regulations of the NIGC, and the Compact; 

(9) Establishing procedures for hearings conducted by the SNGA; 

(10) Establishing procedures for service of process; 
(1 1) Establishing procedures for appeals of regulations promulgated by SNGA 

pursuant to this Section; 

(12) Governing the handling and disposition of Patron Disputes; 

(13) Governing the exclusion of Patrons to Gaming Operations or portions 

thereof; 

(14) Governing programs for addressing compulsive gaming; 

(15) Governing the protection and relationship of Gaming Operations and their 

employees with vendors and contractors; 

(16) Governing promotional activities, advertising, player tracking, and other 

marketing activities; 

(17) Necessary to protect the security, public health, and safety of gaming 

patrons, employees, and other persons while on the premises of gaming 

operations on Indian Lands of the Seminole Nation; and 

(18) Addressing such other issues and matters as are necessary to fulfill the 

purposes of this Title and the duties and functions of the SNGA as 

provided for herein. 

(c) Rulemakine. Procedure. The SNGA shall adhere to the following procedures when 

promulgating regulations under this Title. 

(1) Standard Rulemaking Procedure. 

(A) Prior Notice. In adopting, amending, or repealing any regulations 

under this Title other than emergency, mandatory, minor or 

interpretive regulations, the SNGA Gaming Commission shall give 

prior notice of the proposed action by posting such notice on its 

website along with a copy of the text of the proposed regulations. 

(B) Comment. There shall be a thirty (30) day period during which any 

Nation member or an affected person or entity may submit written 

comments to the SNGA on the proposed rule. 

(C) Promulgation. Upon receipt and review of comments, if' any, the 

Commission may promulgate the regulation as a final regulation in 

its original or amended form, or may withdraw the proposed 

regulation. 

(i) Such final regulation shall be made available to the public 
on the website of the SNGA andlor the Nation. 

(ii) The SNGA Gaming Commission may stay the 

implementation of a final regulation for good cause shown. 

(iii) If the proposed regulation is withdrawn, it shall be removed 

from the website. 

(2) Emernencv Rulemaking Procedure. 

In the event the SNGA Gaming Commission concludes that promulgating 

a regulation is sufficiently urgent that the requirements of the Standard 

Rulemaking Procedure would result in damage to the interests to the 

Seminole Nation or violation of this Title, IGRA, or the Compact, the 

SNGA Gaming Commission may promulgate a regulation as an interim 

final regulation without prior notice or may shorten the period for 

comment as he or she deems necessary. 

(3) Mandatory Compliance Rulemaking Procedure. 

In the event of a change in applicable Seminole Nation law; applicable 

federal statutes or regulations; or the execution of a new; modified or 

revised Compact requires an urgent change in Seminole Nation gaming 

regulations for the Seminole Nation gaming activities to be in compliance, 

the SNGA Gaining Commission may promulgate a compliant regulation 

as an interim final regulation without prior notice, or may shorten the 

period for prior notice as he or she deems necessary to comply with the 

change. Such interim final regulation shall be made available for written 

comment by licensees for a period of not less than thirty (30) days. 

(4) Minor Rulemaking Procedure. 

The Chief Gaming Regulator may make technical corrections or minor 

amendments to the SNGA regulations without prior notice, but such minor 

amendments under this procedure must have de minimus effect. Such final 

technical corrections or minor amendments shall be made public in the 

same manner as under the Standard rulemaking Procedure before the rule 

shall be deemed final. 

(5) Interpretive Rulemaking Procedure. 

The SNGA Gaming Commission may issue regulations without prior 

notice giving its interpretation of regulations issued under this Section, 

IGRA, or the Compact. Such interpretive regulations shall be made public 

in the same manner as under the Standard Rulemaking Procedure. 
(6) Interim Final Regulations. 

When exercising the rulemaking authority pursuant to paragraphs (2)-(4) 

of this subsection, the SNGA Gaming Commission shall issue such 

regulation in the form of an interim final regulation. An interim final 

regulation shall be enforceable immediately upon its publication on the 

website, however, that the SNGA shall accept written comments for a 

period of not less than thirty (30) days from the date of publication before 

the rule may be deemed final. 

(d) Regulatory Effect. 

Regulations promulgated under this Title shall bind all persons, organizations, or 

vendors licensed under this Title within the scope of their License; gaming 

activities operated by SNGE andlor the Gaining Enterprise; all visitors, guests and 

patrons of a gaming facility; and all persons employed by the Gaming Operation. 

Failure to comply with any regulation of the SNGA shall constitute a violation of 

Seminole Nation law and subject the violator to fines, penalties, or other 

sanctions. 

(e) Standard of Review. 

The SNGA Gaming Commission and shall give deference to the regulations 

and/or challenged actions or decisions made pursuant thereto, unless the 

regulation and/or challenged action or decision is: 

(1) Arbitrary, capricious, an abuse of discretion, or otherwise not in 

accordance with law; 

(2) Contrary lo the Constitution of the Seminole Nation or any right, power; 

privilege, or immunity under Seminole Nation law; or 

(3) In excess of the authority delegated by this Title. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29, 1991; 

Codified by Law 91-12, November 16,1991; Amended by Law No. 2001-12, 

December 1,2001; Amended by Law No. 2004-05, March 6,2004; 

] Ordinance No. 09-08, June 6,2009 

Section 108. Confidentiality of SNGA Records. 

(a) Use of Confidential and Proprietary Information. confidential and proprietary 

information collected by the SNGA in the performance of its investigative or 

regulatory functions, as specified in this Section, may be used only for official 

purposes by the SNGA. 
Disclosure of Confidential Information. Confidential information inay not be 

disclosed to any entity other than a law enforcement agency, the NIGC, the State 

of Oklahoma, or another gaming regulatory agency except pursuant to a lawful 

court order unless the applicant or licensee files a written waiver of confidentiality 

with SNGA. 

Confidential Records. The following types of records shall be deemed 

confidential: 

(1) Tax returns of individual applicants or licensees; 

(2) Gaming License application forms; 

(3) Credit reports and financial history records of individual applicants or 

licensees; 

(4) Health and medical records of individual applicants or licensees; 

(5) Social security and driver's license numbers of individual applicants or 

licensees; 

(6) Marketing, financial, or sales data, the disclosure of which may be harmful 

to the competitive position of SNGE or the Gaming Enterprise, SNGA 

licensees or persons seeking or doing business with SNGE or the Gaming 

Enterprise, provided that no financial information shall be withheld from 

the General Council; 

(7) Audit work papers, worksheets and auditing procedures used by the 

SNGA, its agents or employees; and 

(8) Such other documents, information, or records as the SNGA may specify 

by regulation. 

Privileged Communications. 

Communications between the Chief Gaming Regulator and the staff of the SNGA 

relating to licensing, disciplining of licensees, or violations by licensees are 

privileged and confidential if made lawfully and in the course of and in 

furtherance of the business of the SNGA on gaming, except pursuant to court 

order after an in-camera review. The Chief Gaming Regulator or any member of 

the staff of the SNGA may claim this privilege. 

Limitations. 
No SNGA Gaming Commissioner, Chief Gaming Regulator, or member of the 

staff of the SNGA shall: 

(1) Disclose confidential information except to other gaming regulatory 

agencies or law enforcement agencies; 

(2) Hold financial interests in or transact business with the gaming enterprise 

in conflict with the conscientious performance of their duties as regulators; 

(3) Use their office or positio~l for private gain; or 

(4) Fail to disclose any conflict of interest to the SNGA or fail to recuse 

oneself from any participation in such matter. 

(f) Breach. 

Any SNGA Gaming Commissioner, Chief Gaming Regulator or SNGA staff 

member who intentionally breaches the SNGA's duty of confidentiality; uses 

confidential information for any improper purpose; or otherwise breaches the 

official's ethical duties may be subject to removal from office or termination from 

employment with the SNGA. 

Section 109. Right to Appeal SNGA Actions. 

(a) Unless otherwise specified in this Title, any action or decision of the Chief 

Gaming Regulator or the SNGA, other than: 

(1) Issuing, revising, or withdrawing a regulation, or 

(2) A personnel action of the Chief Gaming Regulator with regard to an 

employee of Seminole Nation Gaming Agency is subject to appeal to the SNGA 

Gaming Commission as provided in Section 11 1 of this Title and subseque~~tly, 

subject to the limits in Section 11 1, the Seminole Nation Court. 

(b) Failure to timely file an appeal as specified in this Title shall render final and 

unappealable a decision by the Chief Gaming Regulator or SNGA Gaming 

Commission. Unless otherwise specified by Compact or this Code, appeals shall 

be filed no less than (30) calendar days from SNGA action. 

(c) Employees of the Seminole Nation Gaming Agency shall be exempt from the 

appeal and grievance provisions of Title 11 oT the Seminole Nation Code of Laws. 

The SNGA Gaming Commission shall have final authority to hear employee 

grievances and render determinations thereon. 

(d) The SNGA Gaming Commission shall have appellate jurisdiction over actions 

35 
and decisions of the Chief Gaming Regulator or actions or decisions unlawfully 

withheld under this Title including, but not limited to, licensing decisions, 

enforcement actions taken, directives issued to licensees, approvals of licensee 

actions, and licensee requests denied. 

(e) In furtherance of its jurisdictional responsibilities, the SNGA Gaming 

Commission shall: 

(1) Develop rules and procedures consistent with this Title, including but not 

limited to Section 110, for processing, hearing, and rendering decisions on 

appeals subject to its jurisdiction. Such rules and procedures of shall be 

adopted and published by the SNGA Gaming Commission on the website 

of the Nation; 

(2) Receive, process, hear, remand, decide, dismiss, andlor otherwise dispose 

of appeals made by the Gaming Operation, individual licensees, vendor 

licensees, registrants, or permittees; and patrons and other persons or 

entities; 

(3) Render written decisions on matters coming before it for disposition 

within (30) business days from the later of the date of hearing or waiver of 

hearing; and 

(4) Maintain, or cause to be maintained, a permanent system of records of 

cases and matters. 

(5) All personnel, procurement and other administrative actions of the SNGA 

Gaming Commission shall be in accordance with the administrative 

requirements of the Seminole Nation Code; however, exempted from Title 

11. 

110. Appellate Procedure of the Seminole Nation Gaming Commission, Judicial Review: Due 

Process. 

(a) Jurisdiction. 

(1) The SNGA Gaming Commission shall have appellate jurisdiction over all 

decisions of the Chief Gaming Regulator and the SNGA. 

(2) The SNGA Gaming Commission shall have primary appellate authority 

over all patron prize, machine malfunctions, and tort claim 

disputes. By this provision, and consistent with both the language 

and intent of the Compact, the Nation affirms and clarifies that no 

state or federal court shall have jurisdiction over any tort or prize 

claim arising within the Nation's Jurisdiction or relating in any 

way to the Gaming Operation. 

(3) The SNGA Commission shall have jurisdiction to compel the Chief 
Gaming Regulator to act timely in accordance with the 

requirements in this Title or the Compact on a matter within 

SNGA Gaming Commission's jurisdiction, provided that the 

SNGA Gaming ~ommissioa may not compel a specific outcome in 

a particular matter when exercising its compulsory authority. 

(2) Process. The matters subject to appeal under this Section may be 

appealed in accordance with the following: 

(A) The appellant inust have exhausted all available administrative 

remedies; 

(B) The appeal shall be in writing and shall state the name of the 

licensee, the issue(s) contested and the change(s) sought, the basis 

of such change(s), and such evidence as the appellant may wish to 

submit. 

(C) In addition to the written appeal, the appellant may request an oral 

hearing before the SNGA Gaming Commission. 

(D) If a hearing is granted and takes place, it shall be at a date, time 

and place as set by the SNGA Gaming Commission and shall be 

recorded, at the Appellant's expense, by a certified shorthand 

reporter. 

(E) The SNGA Gaming Coinmission shall issue a written 

determination supporting or denying (in whole or in part) the 

appeal and setting out its basis for the decision within (30) 

business day after hearing or if hearing waived, upon receipt of 

appeal. 

(F) Such written determination shall be deemed a final action of 

SNGA Gaming Commission. 

(b) Seminole Nation Court. 

(1) Appellate Jurisdiction - Tort Claims 

(A)The Seminole Nation Court shall have the authority to review 

decisions by the SNGA Ganling Com~nission related to claims for 

personal injury or property damage filed by a patron against the 

Gaming Operation. All Patrons shall be deemed to have consented to 

the civil jurisdiction of the Seminole Nation Court. The Gaming 

Operation does not consent, and shall not be permitted to consent, to 

jurisdiction in any other court. 
(B)A patron may assert a claim against the Gaming Operation in the 

SeminoleNation Courl only if: 

(i) The purported personal injury occurred on the premises of 

a Gaming Facility licensed under this Title; 

(ii) The claimant followed all necessary procedures pursuant to 

the pertinent terms of the Compact; exhausted all 

administrative remedies; and provided all of the 

information required by the Compact for filing such a claim 

including, without limitation, the delivery of a valid and 

timely written tort claim notice, signed by the claimant 

under an oath affirming the validity of all information 

provided in the notice, to the Gaming Operation; 

(iii) The Gaming Operation denied the tort claim; and 

(iv) The clamant filed the appeal in the Seminole Nation Court 

no later than the one-hundred-eightieth day after denial of 

the claim by the Enterprise. 

(C) Limitation on Jurisdiction. 

(i) The Seminole Nation Court shall have no jurisdiction to 

award damages to any claimant in excess of the limits of 

the Gaming Operation's liability insurance and no 

judgment may entered or recovered except against the 

Gaming Operation's liability insurance policy. 

(ii) A claimant's failure to file a tort claim or prize claim in 

accordance with the requirements of this subsection and in 

accordance with all applicable requirements of the 

Compact shall constitute a waiver of all rights of appeal 

and further shall deprive the Seminole Nation Court of 

jurisdiction over the claim. 

(iii) A claimant's failure to file a tort claim within one year of 

the date of the purported personal injury shall deprive the 

Seminole Nation Court of jurisdiction over the matter and 

forever bar such tort claim against the Gaming Operation. 

(iv) The Seminole Nation Court shall have no authority to 

award damages from the assets of the Seminole Nation. 

(v) Except as specifically provided in the Nation's Compact, 

nothing herein shall be construed as a waiver of the 
Nation's sovereign immunity from suit. 

(2) Appellate Jurisdiction. 

(A) The Seminole Nation Court shall have appellate jurisdiction over 

final decisions of the SNGA Gaming Commission, provided that 

the appeal is filed no later than the thirtieth (30th) day following 

the date of a final decision by the SNGA Gaming Commission. 

(i) Failure to seek review of the final action of the SNGA 

Gaming Commission by the thirtieth (30th) day following 

the date of such final action or decision shall constitute a 

waiver of all rights of appeal and further shall deprive the 

Seminole Nation Court of jurisdiction over the matter. 

(B) The Seminole Nation Court(s) shall have appellate jurisdiction 

over the SNGA Gaming Commission's actions and decisions in 

relation to prize claims and patron disputes, provided that a 

claimant's failure to file a prize claim notice within ten days of the 

event which forms the basis of a prize claim shall forever bar such 

prize claim and shall operate to deprive the Court of jurisdiction in 

the matter. 

(3) Judicial Process. 

(A) Except as otherwise provided in this Title, the manner and further 

requirements for filing appeals and/or claims for adjudication in 

the Seminole Nation Court shall be in accordance with the Court's 

rules and procedures. 

(B) Appeals to the Seminole Nation Court of SNGA Gaming 

Commission decisions concerning actions and/or decisions oS 

SNGA or the Chief Gaming Regulator shall be limited to the 

administrative record that was before the Chief Gaming Regulator 

or SNGA at the time of the Ilia1 action, including any recording or 

hearing &anscript(s) resulting from any hearings conducted by the 

Commission and its written records of decision. The standard of 

review shall not be de novo, but shall be abusivc or cliscretion, 

arbitrary or capricious, or clear error. 

(C) The Seminole Nation Court may remand any matter to the 

Commission for further proceedings as warranted by the 

circumstances. 

(4) Stanclard of Review. 
(A) The Commission and the Seminole Nation Court shall give 

deference to the administrative expertise of the Chief Gaming 

Regulator and shall not set aside, modify, or remand any 

determination by the Chief Gaming Regulator except upon a 

finding that the decision, action, or lack of action was: 

(i) Arbitrary and capricious, an abuse of discretion, or 

otherwise not in accordance with law; 

(ii) Contrary to right under the Constitution of the Seminole 

Nation, this Title, the Compact or other applicable law; 

(iii) In excess of statutory jurisdiction, authority, or limitation or 

short of statutory right; 

(iv) Without observance of procedure required by law; or 

(v) Unsupported by a preponderance of the evidence in a case 

reviewed on the record. 

(B) The Seminole Nation Court's review of an appeal on a tort claim 

shall be de novo and shall be decided based on applicable law. 

(5) Le~al Representation. 

A petitioner may be represented by legal counsel in any proceedings or 

adjudications conducted by the SNGA Gaming Commission or the 

Seminole Nation Court at the petitioner's own expense, and the Gaming 

Operation, or SNGA Gaming Commission may appear or be represented 

by legal counsel at their expense. 

(6) Standing. 

Only those persons or entities directly and adversely affected by an action 

or decision of the Gaming Operation and/or Chief Gaming Regulator shall 

have standing to appeal such action or decision to the Commission andlor 

the Seminole Nation Court, except where: 

(A) The Petitioner is seeking relief against the Chief Gaming Regulator 

for action unduly or unreasonably delayed or withheld where such 

inaction is causing asticulable harm to the Petitioner. 

Unreasonably withheld should be liberally constsued to be no less 

than (30) business days: or 
(B) The Petitioner is a licensee seeking appellate review of a regulation 

promulgated by the SNGA Gaming Commission on the grounds 

that such regulation is arbitrary and capricious, constitutes an 

abuse of discretion, or is otherwise not in accordance with law. 

(7) Remedies 

(A) The Commission and/or the Seminole Nation Court, upon appeal, 

after hearing, may: 

(i) Affirm, reverse, modify or remand a matter as appropriate 

subject to the standard of review established in this Title; 

(ii) Compel SNGA and/or the Chief Gaming Regulator to take 

an action unlawfully or uilreasonably delayed or withheld; 

or 

(iii) Set aside and remand a regulation of the SNGA to the 

Chief Gaming Regulator upon a finding that such 

regulation or some portion of the regulation is arbitrary and 

capricious, an abuse of discretion, or otherwise not in 

accordance with law. 

(B) The Seminole Nation Court upon appeal, after hearing may: 

(i) Affirm, reverse, modify or remand a matter to the 

Commission, as appropriate, subject to the standard of 

review established in this Title: or 

(ii) Compel the SNGA Gaming Commission to act or make a 

decision where an action or decision has been unduly 

delayed, or it may assume jurisdiction in a case before the 

SNGA Gaming Commission where a decision has been 

unduly delayed or due process has been denied. 

(C) The Seminole Nation Court upon appeal, after hearing, may award 

just and reasonable compensation for a personal injury or property 

damage upon a finding that the Gaming Operation is liable as a 

matter of law given all the facts and circumstances of the case as 

adduced at hearing of the casc under applicable law, provided that: 

(i) The amount of such award shall be reduced by 10% if the 

tort claim is filed with the Enterprise more than ninety (90) 

days after the event allegedly giving rise to the claim; and 
(ii) The amount of compensation awarded for any one person 

for personal injury, for any one occurrence for personal 

injury, or for any one occurrence for property damage may 

not exceed the amount of the public liability insurance each 

such category of personal injury or property damage 

maintained by the Gaming Operation for the express 

purposes of covering and satisfying tort claims. 

(D) The Commission aild/or Seminole Nation Court upon appeal of the 

denial, in whole or in part, of a prize claim, after hearing, may 

award just and reasonable compensation if the full amount of an 

award determined to be due was not paid, provided that the amount 

of the award may not exceed the amount of the prize that the 

claimant establishes he or she was entitled to be awarded nor, in 

any case, an amount exceeding the maximum prize available in the 

game or gaming machine giving rise to the dispute. 

(E) Burden of Proof. The Appellant shall bear the burden of proof in 

any appeal filed pursuant to this Title. 

(F) Filing Fees. Each appeal under this Title shall be subject to a nonrefundable filing fee of five hundred dollars ($500.00) to be paid to 

the SNGA Gaming Cominission and/or Seininole Nation Court, as 

appropriate, which fee(s) may be waived only upon a 

demonstration of hardship supported by substantial evidence. The 

Seminole Nation Court may amend the filing fee by administrative 

order. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29,1991; Codified by Law 91-12, November 16, 1991, Amended 

by Law No. 2001-12, December 1,2001, Amended by Law No. 

2003-07, September 6,2003; OrdinanceNo. 09-08, June 6,2009 ] 
CHAPTER TWO 

LICENSING 

Section 201. Gaming: License, Permit. or Registration Required. 

(a) Persons, Entities. and Facilities Required to Be Licensed. 

(1) Every - 

(A) Seminole Nation Gaming Facility where Class I1 or I11 gaining 

activities are conducted; 

(B) Primary Management Official; 

(C) Key Employee; 

(D) Gaming Vendor; and 

(E) Gaming Financer 

shall be required to have and display proininently an appropriate, valid and 

current gaming License issued pursuant to the provisions of this Code. 

(2) The License for a Gaming Vendor or Gaming Financer shall cover the 

business entity and the Principals of that Gaming Vendor or Financer 

under a single License except for those Key Employees employed by the 

Gaming Vendor or Gaming Financer with access to gaming activities, 

gaining equipment, the accounts, and the gaming or accounting software at 

or for the Enterprise, provided that all Principals of a Gaming Vendor or 

Gaming Financer shall be subject to a background investigation and 

suitability determination in accordance with the standards applicable to 

Key Employees. 

(3) Any employee or Principal of a Gaming Vendor or Gaming Financer, 

including a manufacturer of gaming or gaming related equipment - 

(A) Who has access to the gaming floor andlor secure or restricted 

areas of a Gaming Facility, including storage and maintenance 

areas, or who provides maintenance, repair or other service in 

relation to a game or gaming system; or 

(B) Who has on-site or off-site access to hardware or software related 

to Gaming Activities, or who has any accounting or cash handling 

duties related to the Gaming Operation, wherever conducted 
shall be considered to be a Covered Employee and shall be 

required to apply for and receive a Gaming License in accord with 

the same licensure requirements as a Key Employee, provided that 

accountants and attorneys shall be exempt from licensure or 

regulations when providing services covered by their respective 

professional licenses. 

Registration. 

Every Noil-gaming Vendor providing services or goods to the Gaming Operation, 

other than a federally, state, or tribally regulated publicly traded public utility 

company, shall be subject to a requirement to register with SNGA and provide 

such information to SNGA as SNGA may by regulation require prior to 

contracting with or providing such goods andlor services to the Gaming 

Operation. 

(1) The Chief Gaming Regulator may, by regulation, except Non-gaming 

Vendors from this registration requirement where the contract amount is 

de minimus, or the potential for unlawful or criminal conduct is negligible. 

(2) The Chief Gaming Regulator may, by regulation, require federally, state, 

or tribally regulated publicly traded utility companies to register or be 

registered under this provision if he or she determines that there is a 

potential for criminal activity relating to the Gaming Operation 

contracting with such companies. 

Class I Gaming Permit. 

A permit issued by SNGA shall be required for the conduct of any Class I 

traditional forms of Indian gaming in connection with a tribal ceremony or 

celebration involving wagering where the aggregate total of prizes to be awarded 

exceeds $10,000. Tribal social activities not involving the placement of wagers, 

including contests, competitions, or similar events in which prizes are awarded 

individually or Lo teams based on prowess, knowledge, or appearance, such as 

rodeos, powwows, sports tournaments, pageants, and other similar types of 

events, regardless of whether an entry fee is charged, do not constitute gaming 

and are expressly excluded from regulation under this Title. 

Every employee of the Gaming Operation who is not a Primary Management 

Official or a Key Employee shall be required to have a work permit issued by the 

SNGA. Such work permit shall not authorize an employee to conduct any 

activities requiring a License under this Title, provided that the SNGA may 
require any or all gaming employees to be licensed upon a finding by the SNGA 

that the Gaming Operation is not compliant with the restrictions on the 

permissible duties and functions of work permittees. 

(e) Prohibition. Any other form of gaming other than those activities excepted by 

Section 203 of this Title coilducted within the jurisdiction of the Seiniilole Nation 

is prohibited. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16,1991, Amended 

by Law No. 2003-22, December 6,2003 Amended by Law No. 

2004-01, January 17,2004 Ordinance No. 09-08, June 6,2009; ] 

Section 202. Exemptions. 

(a) Class I games, other than those requiring a permit, are exempt from the licensing, 

registration, and permit requirements of this Title if they - 

(1) Are traditional forms of Indian gaming engaged in by individuals as a part 

of, or in connection with, tribal ceremonies or celebrations, or 

(2) Are social games solely for prizes of minimal value. 

(b) For purposes of this section, "minimal value" shall mean an 

individual prize with a value no greater than $1,000 for a single 

prize or $10,000 in aggregate prizes to be awarded. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 203. Applications and Requirements for Licenses. 

(a) General Requirements.for Licenses. 

(1) License Requirements. 

(A) A License or Temporary License (not to exceed 90 days) must be 

issued by SNGA to an applicant pursuant to this Title and 

applicable regulations before the Gaming Operation may employ a 

person in a Key Employee or Primary Management position. 

(B) Gaming Vendors, Management Contractors and Gaining Financers 

must be fully licensed by the SNGA prior to the commencement of 

any engagement, contract, or agreement, the delivery of any 
gaming goods or services, or the installation of any gaming or 

gaming-related equipment. 

(C) Non-gaming vendors shall register or be registered prior to 

commencement of any transaction, contract, or engagement with 

the Gaming Operation. 

(D) Failure to comply with all applicable licensure requirements by a 

person or entity required to be licensed pursuant to this Title shall 

be deemed a substantial violation and shall subject such peixon or 

entity to the enforcement authority of the SNGA. 

(A) A facility License shall be valid for a term of three years. 

(B) A Primary Management Official License and a Key Employee 

License shall be valid for a term of two years. 

(C) A Gaming Vendor or Gaming Financer License shall be for a term 

of one year. 

(D) A Temporary License shall have a term as determined by SNGA, 

but not to exceed 90 days, provided that a Temporary License shall 

expire automatically upon issuance or denial of a permanent 

License. 

(E) The term of a License shall start on the date it is issued and shall 

expire on the last day of its term. 

(3) Applicant and Licensee Responsibilities. Applicants and licensees shall be 

legally responsible for compliance with this Title, regulations issued under 

this Title, IGRA, and all relevant License provisions, conditions, or 

restrictions. 

(4) Sworn Application. No License shall be issued under this Title except 

upon a sworn application filed with the SNGA in such form as may be 

prescribed by the SNGA and containing all of the mandatory information 

required for the License. Such form shall require agreement by the 

licensee to abide by all requirements and restrictions in the License, this 

Title, the Compact, and all applicable laws, rules and regulations. 

(5) Withdrawal of Application. An application may not be withdrawn without 

46 
the permission of the SNGA. An applicant inay request to withdraw an 

application by submitting to the SNGA a written request for withdrawal. 

The SNGA shall have the right, in its sole discretion, to grant or deny a 

request for withdrawal. A decision to deny a request for withdrawal shall 

be final and unappealable. 

(6) Continuing Duty to Provide Information. Applicants and licensees shall 

have a continuing duty to provide any materials, assistance, or other 

information required by the SNGA and to fully cooperate in any 

investigation conducted by or on behalf of the SNGA. If any information 

provided on the application changes or becomes inaccurate in any way, the 

applicant or licensee must promptly notify the SNGA of such changes or 

inaccuracies. 

(7) Suitability Determination. The SNGA shall review every License 

applicant's prior activities, criminal record, if any, and reputation, habits, 

or associations to make a determination concerning the suitability of such 

applicant for employment or for a contractual, financial or other business 

arrangement with the Gaming Operation. 

(A) The SNGA shall conduct an investigation sufficient to make a 

suitability determination under this Section. In conducting a 

background investigation, the SNGA or its agent shall strive to 

keep confidential the identity of each person interviewed in the 

course of the investigation and to protect confidential information 

provided as part of the licensing process. 

(B) No person requiring a License for employment under this Title 

may be employed, and no contract or other business arrangement 

may be entered into with a Gaming Vendor or Gaming Financer if, 

based on such review - 

(i) The applicant has not fully completed all required 

application forms, or has not provided the SNGA with such 

other information the SNGA has req~~ested; 

(ii) The SNGA determines that employment of, contracting 

with, or entering into a financial arrangement with the 

applicant or a Principal or Primary Management Olficial 

thereol, 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, 

or activities in the conduct of gaming or the carrying on of 

the business and financial arrangements incidental thereto; 

or 
(iii) The SNGA determines that the applicant, or in the case of a 

Gaming Vendor or Gaming Financer, the applicant or a 

Principal or a Primary Management Official thereof has 

I. Been convicted of any felony offense; 

11. Been convicted of any offense of any degree within 

the pas1 ten years involving an element of dishonesty, such 

as theft, fraud, and, for example; 

111. Had a gaming license denied or revoked by any 

licensing jurisdiction for any cause related to dishonesty, 

such as theft, embezzlement, fraud, cheating, or accepting 

bribes or kick-backs; 

IV. A reputation for dishonesty regardless of whether 

charged or convicted; or 

V. Provided false or misleading information, 

statements, or information on his or her License 

application, 

VI. Failed to disclose my information required to be 

disclosed on the License application; or 

VII. Otherwise failed to meet the suitability standard for 

licensure. 

(C) When the applicant is applying for a Gaming Vendor or Gaming 

Finmcer License, in addition to the reasons denoted in subsection 

(B) of this Section, the SNGA, based on the background 

investigation, may deny the applicant a License if the SNGA 

concludes the applicant; 

(i) Is not sufficiently stable and capitalized; 

(ii) Is owned, operated, or managed by persons who fail to 

meet the suitability standards in this Section; or 

(iii) Has a history of performance failure or contentious 

business relationships. 

(D) If, at any time, the SNGA finds that a licensee fails to conlinue to 

meet the licensure standard established in this Section, the SNGA 

may take appropriate steps to suspend or revoke the License. 
(8) Temoorarv License. The SNGA may, in its sole discretion, issue a 

Temporary Gaming License to Key Employees and Primary Management 

Officials upon the SNGA's review of their individual, completed gaming 

License applications, review of their fingerprints consistent with the 

procedures adopted by SNGA according to 25 C.F.I. 5 522.2, and upon a 

signed, written representation by the applicant that he or she meets the 

standards for licensing in this Section. Such Temporary License may be 

cancelled or revoked and the license application denied if the SNGA finds 

that the Applicant does not meet the standards for licensing under this 

Section. 

(9) Exclusion. Gaming Vendors shall not be eligible to receive a temporary 

license nor shall any gaming or related equipment be installed in any 

gaming facility prior to the issuance of a Gaming Vendor License by the 

SNGA. The Gaming Enterprise shall ensure that all Gaming Vendor 

contracts specify that such contract shall be null, void, and unenforceable 

if the Gaming vendor fails to apply for, receive, and maintain a Gaming 

Vendor License. 

(10) License Requirements and Restrictions. Any License issued by SNGA 

may be subject to such requirements, conditions, and/or restrictions as 

SNGA may require, including restrictions on the areas to which the 

licensee may have access, restrictions on the positions a licensee may 

hold, requirements for reporting or submitting information to the SNGA, 

and such other conditions, restriction and/or limitations as the Chief 

Gaming Regulator deems appropriate under the circumstances. 

(1 1) License contingency Terms for Employment and Business Arrangements. 

(A) An employment agreement for any persons requiring a License 

under this Title; and 

(B) Business arrangements, including contracts, engagements, and 

agreements entered into by the Gaming Operation with Gaming 

Vendors or Gaming Financers andlor their Principals and/or 

Primary Management Officials who are required to be licensed 

under this Title shall include terms: 

(i) Providing for termination if the requisite License is denied 

or revoked; 

(ii) Aclcnowledging the licensee's duty to comply with all 

applicable gaming laws and regulations, including, but not 

limited to the Nation's internal control standards, federal 
laws and regulations, and the Compact; and 

(iii) Providing consent to the regulatory jurisdiction of the 

SNGA. 

(12) Non-Assignability of License. Any License issued pursuant to the 

provisions of this Title is valid only for the person(s) or entity(ies) shown 

on the face thereof. Any such License is not assignable or otherwise 

transferable to any other person or entity or, in the case of a facility 

License, for any other location unless authorized and approved by the 

SNGA. 

(13) Employee License Site Limitation. An Employee License or Work Permit 

shall be specific to each Gaming facility unless SNGA, authorizes a 

specific licensee or group of licensees to conduct activities covered by 

their Licenses at other Gaming facilities, which authorization shall be 

indicated on the Employees' badge(s). 

(14) Duty of Licensee to Keep Informed of Requirements. Acceptance of a 

License or renewal thereof, or restriction imposed thereon, by a licensee 

constitutes an agreement on the part of the licensee to be bound by all the 

regulations and/or restrictions of the SNGA and by the provisions of this 

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

is the responsibility of the licensee to keep informed of the contents of all 

such regulations, provisions, and conditions, and ignorance thereof shall 

not excuse the violation. 

(15) License Revocable. A Gaming License issued under this Title is a 

revocable privilege, and no holder thereof shall be deemed to have any 

rights therein or thereunder. 

(1) A License issued under this Title may be revoked by SNGA - 

(i) For cause related to violations of the Seminole Nation Code 

or regulations, the Compact, NIGC regulations, other 

violations of law or Gaming Enterprise procedures, or any 

other wrongful conduct or behavior of a licensee; 

(ii) Upon a finding that the licensee is not suitable to hold a 

License under the criteria set forth in Section 203(a)(7); or 

(iii) For any actions or inactions that present an actual and 

imminent threat or danger to the public health and safety of 

a Gaming facility licensed under this Title or its patrons or 

to the integrity of the games played at such facility. 
(2) A License may be suspended by the SNGA for such period of time 

as the SNGA determines appropriate pending investigations, 

hearings, and other processes for consideration of a License. 

(3) The burden of proving qualifications to hold any License rests at 

all times on the licensee. 

(4) The SNGA shall have the duty of continually observing the 

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

by unqualified, disqualified, or unsuitable persons or entities, or 

persons or entities whose operations are conducted in an unsuitable 

manner. 

(5) The SNGA may review any individual's or an entity's License at 

any time. 

(16) Violations. Violation of any provisions of this code or any rules or 

regulations of the SNGA by a licensee, his agent, or employee shall be 

deemed contrary to the public health, safety, morals, good order, and 

general welfare of the Seminole Nation and the inhabitants of the 

Seminole Nation, and shall be grounds for refusing to grant or renew a 

License, grounds for suspension or revocation of a License, or grounds for 

the filing by SNGA of a civil action for forfeiture of a License in the 

Seminole Nation Court. 

(17) Fees. There shall be a fee or methodology for determining a fee 

established for each type of License. All License fees shall be paid to and 

retained by SNGA to offset compensation and expenses of SNGA. 

(18) Wearing License Identification Cards. All licensees shall wear, in plain 

view, identification cards which include a photograph of the employee, his 

or her first name, a four-digit identification number unique to the License 

issued to the licensee, a tribal seal or signature verifying the official 

issuance of the card, and the date of expiration. 

(19) License Renewal. An application to renew a facility License shall be 

submitted 150 days before the expiration of a current facility License, and 

an application to renew any other License under this Title shall be 

submitted 90 days prior to the expiration of a current License. Any 

renewal application shall be subject to the same requirements for licensing 

as a new License under this Title except that the SNGA may, by 

regulation, require an update of the information required for the License 

from the first application to the extent that the information has changed. 
(b) Facility License. 

(1) License Recluircments. The SNGA shall issue a separate facility License 

to each place, facility, or location where Gaming takes place under this 

Title, provided: 

(A) Documentation is provided demonstrating that the facility is 

located, or will be located if it is to be constructed, on the Nation's 

Indian Lands; 

(B) The Facility is of sound physical structure with adequate, safe, and 

operational plumbing, electrical, heating, cooling and ventilation 

systems in place; 

(C) The Gaming Operation has provided a complete description of the 

premises and the name and address at which gaming will be 

conducted; 

(D) The Facility has been inspected and approved for safety by a 

qualified building and fire inspector approved by SNGA; 

(E) The facility is equipped with security and surveillance equipment 

meeting or exceeding provisions set forth in regulations established 

by the SNGA, 

(F) The Gaming Operation has prepared and the facility is subject to 

an emergency preparedness plan approved by SNGA; 

(G) The Gaming Operation has submitted all documentation required 

by applicable regulations of the NIGC for a new facility or, for 

renewal of a License, such information required for reissuing a 

License; 

(H) The Gaming Operation has provided such other information as the 

SNGA shall require by regulation; and 

(I) The Gaming Operation has paid all applicable License and 

regulatory fees and assessments. 

(2) Requirements of a Licensee. All facility licensees shall comply with 

orders, directives and regulations of the SNGA, which, at a minimum, 

shall include the following requirements: 

(A) The facility shall at all times be maintained in an orderly, clean and 

neat condition, both inside and outside the premises of the facility. 
(B) The facility shall be subject to patrol by the Nation's security and 

law enforcement personnel and, when authorized, local and state 

law enforcement and the licensee shall cooperate at all tiines which 

such security and law enforceinent officials. 

(C) The facility shall be open to inspection by SNGA at all times. 

(D) The facility shall continuously meet all applicable environmental, 

public health, and safety standards as established by the SNGA or 

other authorized governmental units of the Nation. 

(E) The Gaming Operation shall pay all appropriate regulatory fee 

assessments to 'the NIGC pursuant to 25 U.S.C. 

82710(b)(4)(B)(i)(IV). 

(F) The Gaming Operation shall pay all regulatory fees, fines and 

assessments as may be applicable. 

(G) The facility shall operate without any discrimination in any gaming 

operations by reason of race, color, sex, or creed, provided, 

however, that nothing herein shall prevent the licensee from 

granting hiring preferences to members of the Seminole Nation or 

other federally recognized Indian tribes. 

(3) Application and Renewal Deadlines. 

Applications for a Facility License shall be submitted at least 180 days 

prior to the initial conduct of business, and at least ninety (90) days prior 

to its expiration if renewal is sought; 

(4) Display of License. Every Facility licensee shall display in a prominent 

place a current and valid License for that location. 

(5) License Unassignable. 

If the Gaming Operation elects to move operation of a gaming facility to a 

different location and operate under the same trade name, such action shall 

nonetheless be deemed to require the issuance of a new Gaming Facility 

License for purposes of this Section and the SNGA shall issue a new 

license in accordance with this Section. 

(6) Penalties for Violations. 

Facility licensees may be fined or have their privilege to conduct gaming 

activities within the Seminole Nation and their License to game suspended 
or revoked for a period not to exceed 90 days, or, in the event of a 

condition creating imminent jeopardy to public health and safety, such 

longer period of time as may be required to abate such condition; or may 

be subject to such other penalties or orders as may be appropriate by the 

SNGA and the Courts of the Seminole Nation if found in violation of any 

of the req~~irements ofthis Act, regulations issued under this Act, the 

Compact, or other applicable laws including IGRA. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29,1991; Codified by Law 91012, November 16,1991; Amended 

by Law 9204 February 24,1994; Amended by Law No. 2001012, 

December 1,2001; Ordinance No. 09-08, June 6,2009 ] 

(c) Key Employee. Primary Management Official or Other Individual License. 

(1) License Recluirement and Scope. 

The SNGA shall issue a License to each Key Employee and Primary 

Management Official who qualifies for and would require a License under 

this Title. The License shall grant the applicant the revocable privilege of 

working in a position requiring a License under this Title. 

(2) Application and Licensing Deadlines. 

Before a Key Employee or Primary Management Official begins work, a 

completed application for a License shall be provided to SNGA by the 

applicant, which application shall contain all of the information required 

by this Section, and SNGA shall conduct the background investigation and 

make the suitability determination described in this Section to determine 

whether or not to grant the License. 

(3) Jurisdiction and Jurisdiction Statement. 

Acceptance of a License by a Key Employee or Primary Management 

Official shall constitute acceptance by that individual of the jurisdiction of 

SNGA, and the Seminole Nation Courts for all licensure actions and for 

any violations of the terms of that License, this Title, and the Seminole 

Nation Code and regulations. 

(4) Notice of Consent and Signature. 

The License Application for a Key Employee or Primary Management 

Official shall provide notice of the consent to jurisdiction of SNGA, and 

the Seminole Nation Courts required by this Title and shall require a 

separate signature immediately below the notice by the applicant 

accepting such jurisdiction. 
(5) Privacy Act Notice and Notice Regarding False Statements. 

The Application form for Key Employees and Primary Management 

Officials shall include the statements required to be on such forms under 

25 C.F.R. $5 556.2 and 556.3. 

(6) Minimum Application Information Required. 

The SNGA shall require from each Primary Management Official and 

from each Key Employee all of the following information as part of their 

License application: 

(A) Full name, other names used (oral or written) including any aliases 

by which applicant has ever been known, social security 

number(s), 

(B) Birth date, place of birth, citizenship, gender, all languages known 

(spoken or written); 

(C) Currently and for the previous 5 years: business and employment 

positions held, ownership interests in those businesses, business 

and residence addresses, and driver's license numbers; 

(D) The names and current addresses of at least three personal 

references, including one personal reference who was acquainted 

with the applicant during each period of residence listed under 

paragraph (d)(3) of this Subsection; 

(E) Current business and residence telephone numbers; 

(F) Military service history; 

(G) A description of any existing and previous business relationships 

with Indian Nations, including ownership interests in those 

businesses; 

(H) A description of any existing and previous business relationships 

with the gaming industry generally, including owncrship interest in 

those businesses; 

(I) 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; 
(J) A description of any disciplinary charges filed by any state or 

tribal regulatory authority, whether or not discipline was imposed. 

(K) 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 and disposition if any; 

(L) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years of 

the date of the application, the name and address of the court 

involved and the date and disposition; 

(M) For each criminal arrest, charge, or proceeding (excluding minor 

traffic charges), whether or not there is a conviction, identification 

01 the criminal arrest, charge, or proceeding, the name and address 

of the court involved, and the date and disposition; 

(N) 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; 

(0) A current photograph; 

(P) For the applications of Primary Management Officials, including 

the General Manager of the Gaming Enterprise and the Managers 

of each Gaming Facility, financial statements; 

(Q) Fingerprints consistent with procedures adopted by the SNGA 

according to 25 C.F.R. 5 522.2(h); and 

(R) Any other information the SNGA deems relevant. 

(7) Background Investigation. 

A background investigation for each prospective Primary Management 

Official and Key Employee requiring a License shall be conducted by the 

SNGA. 

(A) Required Actions. The background investigation must include the 

following actions: 

(i) Verification of the applicant's identity and the information 

submitted by the applicant on the License application; 

(ii) Contacts with the applicant's personal and business 

56 
(iii) A civil, criminal, public records, and credit history check; 

and 

(iv) orw warding the applicant's fingerprint card to the NIGC to 

be processed by the Federal Bureau of Investigation's 

National Criminal Information Center. The SNGA may 

submit a11 applicant's fingerprint card to any additional 

tribal, local, or state criminal history check system as the 

SNGA deems necessary or appropriate. Reports obtained 

from such fingerprint processing shall be incorporated into 

the applicant's application file. 

(v) The SNGA by regulation may conduct such additional 

investigative activities as it may deem appropriate. 

(vi) The SNGA may issue a notice to a License applicant for an 

interview or hearing at any time during the investigation to 

secure any additional information it may require in 

determining the applicant's suitability for a License. 

(vii) Upon completion of the investigation, the staff shall 

prepare a written report and recommendation in relation to 

the applicant's suitability and the SNGA shall then 

determine whether to grant or deny the License. 

(B) Retention of Records. The SNGA shall retain License applications 

for Key Employees and Primary Management Officials and reports 

(if any) of background investigations for illspectio~l 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. 

(C) Submissions to NIGC and Granting Licenses. 

(i) ' The SNGA shall forward to the NIGC a completed license 

application when a Key Employee or Primary Management 

Official begins work at a gaming operation. 

(ii) The SNGA shall forward an investigative report on each 

background investigation to the National Indian Gaming 

Commission within sixty (60) days after an employee 

begins work in accordance with the requirements 

established by the NIGC by regulation or written 

instructions. 
(iii) An investigative report shall include all the following: 

I. Steps taken in conducting a background 

investigation; 

11. Results obtained; 

111. Conclusions reached; and 

W. The basis for those conclusions. 

(D) Suitability Determination. The SNGA shall submit with the report 

a copy of the suitability determination made under Section 

203(a)(7) of this Title. 

(E) License Denial Actions. 

If a License application is denied, the SNGA: 

(i) Shall notify NIGC; and 

(ii) May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records Systems. 

Granting Gaming Licenses to Key Employees and Primarv Management 

Officials. 

(A) If within a thirty (30) day period after the NIGC receives an application 

and investigatory report as provided in the previous Subsection, the NIGC 

notifies the SNGA that it has no objection to the issuance of a License 

pursuant to such applicant; the SNGA may issue a License to such 

applicant. 

(B) The SNGA shall respond to a request for additional information from the 

NIGC Chairman concerning an applicant who is the subject of an 

investigatory report. Such a request shall suspend the 30-day period under 

this subsection until the Chairman receives the additional information. 

(C) If, within the 30-day period described above, the NIGC provides the 

SNGA with a statement itemizing objections to the issuance of a License 

to a Key Employee or to a Primary Management Official, the SNGA shall 

reconsider the application, taking into account the objections itemized by 

the NIGC. The SNGA shall make the final decision whether to issue a 

License to such applicant. 
(9) Notice by NIGC. 

If, at any tiine after the issuance of a gaming License to a Key Employee or 

Primary Management Official, the SNGA receives from the NIGC reliable 

information indicating that the licensee is not eligible for einployment under 

Section 203(a)(7), the SNGA shall suspend such License and shall notify the 

License in writing of the suspension and the proposed revocation. 

(A) The SNGA shall notify the licensee of a time and a place for a hearing on 

the proposed revocation of a License. 

(B) After a revocation hearing, the SNGA shall decide to revoke or to reinstate 

the License. The SNGA shall notify the National Indian Gaming 

Commission of its decision. 

(10) Fonvarding Covered Employees Application to the State Com~liance 

Agency. 

Upon obtaining the required application information from a Covered Employee, 

the SNGA, upon request, shall provide a copy of it to the SCA along with any 

determinations made with respect to the issuance or denial of a temporary or 

permanent License. 

(d) Gaming Vendor and Gaming Financer Licenses. 

(1) License Requirement and Scope. 

The SNGA shall issue a License lo each Gaming Vendor and Gaming 

Financer that qualifies for a Lioense under this Title. The License shall 

grant the applicant the revocable privilege of contracting with or entering 

into a financing arrangement or other business arrangement with the 

Gaming Operation. 

(2) A~plication and Licensing Deadlines. 

Before a Gaining Vendor or Financer may contract, enter into a financing 

arrangement, or enter into any other business arrangement with he 

Gaming Operation, a completed application for a License shall be 

provided to SNGA by the applicant, which application shall contain all of 

the information required under this Section and SNGA shall conduct the 

background investigation and make the suitability determination described 

in this Section to determine whether or not to grant the License. 

(3) Application Information Required. 

The SNGA shall by regulation establish applicatioil information 

requirements for Gaming Vendors and Gaming Financers -,suTficient to 
make the determinations for issuing or denying a license in Section 

(4) 

The SNGA may limit, as the SNGA deems appropriate, the types of 

information required from an applicant for a Gaming Financer License 

where: 

(A) The information required of applicants, except as limited by 

paragraph (A) above, shall be sufficient to probe the Gaming 

Vendor's or Gaming Financer's: legal structure and ownership 

interests; locations, history, reputation and operation as a business 

entity, including locations and nature of the business; 

organizational structure; officers; the civil and criminal history of 

the applicant, including any litigation, court or administrative 

tribunal determinations, and sanctions; financial stability, 

capitalization, and capability; level of responsibility for completing 

its contractual commitments and guaranteeing results; its customer 

base; and its reputation; 

(B) The Gaming Vendor or Gaming Financer is an individual, the 

applicant shall also submit an application with all the information 

required for licensure as a Primary Management Official under 

Subsection (c) of this Section; and 

(C) The Gaming Vendor and Gaming Financer is not a natural person, 

but is structured as a corporation, partnership, sole proprietorship 

with multiple employees, or other legal entity for the purpose of 

conducting business, the applicant, with the possible limitation in 

paragraph (a), above, shall also submit for purposes of determining 

whether to grant or deny a License, all of the information required 

for licensure as a Key Employee under Subsection (c) of this 

Section for any Covered Game Employee or Principal who is not 

required to have an individual License and for such other officers 

of the entity as the SNGA may deem necessary to understand the 

organization and persons with which the Seminole Nation would 

be dealing under the License. 

(5) Background Investigation - Gaming Vendor or Gaming Financer. 

A background investigation for each prospective Gaming Vendor and 

Gaming Financer requiring a License shall be conducted by the SNGA. 

(A) The background investigation must include all of the following 

actions: 
(i) Verification of the applicant's identity and the information 

submitted by the applicant on the License application, 

including the information provided by Covered Employees 

and Principals; 

(ii) Contacts with the applicant's personal and business 

references; 

(iii) A civil, criminal, and credit history check; and 

(iv) A background investigation of all individuals who are a 

Principal, Key Employee, or Primary Management Officer 

of the Gaming Vendor or Gaming Financer in accordance 

with Subsections 203(a) - (c) of this Section. 

(B) The SNGA may conduct such additional investigative activities as 

it may require by rule or regulation. 

(C) The SNGA may issue a notice to a License applicant for an 

interview or hearing at any time during the investigation to secure 

any additional information it may require in determining the 

applicant's suitability for a License. 

(D) Upon completion of the investigation, the staff shall prepare a 

written report and recommendatio~i in relation to the applicant's 

suitability under Section 203(a)(7) of this Title and the SNGA shall 

then determine whether to grant or deny the License. 

(E) Record Retention. The SNGA shall establish a record retention 

schedule for Gaming Vendor and Financer applications and 

background investigation records. 

(11) Notifications to the State Compliance Agency. 

The SNGA, when requested, shall advise the SCA of: 

(A) All financing and loan transactions with respect to covered games 

or supplies in which the amount exceeds $50,000 in any twelve-month 

period and make them available for SCA review upon request; and 

(B) Approval of any Management Contract approved by the Chair of the 

National Indian GamingCommission. 

(e) Adverse Licensing Action Procedure. 
(1) The SNGA shall notify an applicant or licensee, in writing, of the SNGA's 

preliminary decision to deny an application for a License or to suspend, 

revoke, limit, modify, restrict, condition or cancel the licensee's gaming 

license, which notice shall inform the licensee of the basis for the SNGA's 

preliminary decision and of any due process rights available to the 

applicant or licensee. 

(2) An SNGA decision to limit, modify, restrict, condition, or cancel a 

License shall not be deemed an adverse action requiring a hearing and 

shall not be appealable except upon a showing, supported by substantial 

evidence, that such decision was the result of bias, prejudice, or other 

wrongful purpose; provided that the SNGA may in its discretion accord a 

licensee an opportunity to show cause why the License should not be 

limited, modified, restricted, conditioned, or cancelled. The SNGA may, 

in its sole discretion, grant an oral hearing or require a written submission. 

(3) Unless otherwise provided in this Title, an applicant or licensee, as 

appropriate, shall, upon written petition, be entitled to a hearing before the 

Chief Gaming Regulator or another hearing officer designated by the 

Chief Gaming Regulator prior to denial of an application or the revocation 

or suspei~sion of a License. 

(4) Denial of a license may be contested by an applicant and the revocation or 

suspension of a license may be contested by a licensee as an adverse 

action under the procedures set out below: 

(A) To invoke the right of hearing, the applicant or licensee must 

submit a written petition for hearing to the SNGA within ten (10) 

days from the date of service or delivery of the SNGA's notice of 

proposed denial or revocation. Such notice may be served by 

registered or certified mail or it may be personally served on the 

Applicant or licensee. 

(B) The Chief Gaming Regulator may, in his or her discretion, direct 

the Gaming Operation to place a licensee on administrative leave, 

with or without pay at the discretion of management, during the 

pendency of the matter. 

(5) Right to Counsel. 

An Applicant or licensee subject to a notice of adverse action shall be 

entitled to be represented by an attorney and must be present and 

participate in the proceeding. 

(6) Waiver of Right to Hearing. 
If the applicant or licensee fails to invoke the right to a hearing within ten 

days from the date the SNGA's notice or proposed denial or revocation is 

delivered to or served upon the applicant or licensee, such inaction shall 

operate as a waiver of the right of appeal, in which case, the Chief Gaming 

Regulator's preliminary decisioil shall be entered as a final order not 

subject to further appeal. 

(7) Hearing Date. 

If the applicant or licensee involtes the right to a hearing, the Chief 

Gaming Regulator shall set a date for such hearing to take place within 

sixty (60) days unless extended by mutual consent of the Chief Gaming 

Regulator and the respondent. 

(8) Hearing Procedure. 

Hearings under this Section shall be conducted in accordance with the 

requirements of Section 305(b) of this Title. 

(9) Right to Appeal. 

If. after such hearing. the Chief Gaming Regulator renders a final adverse -. - - 

determination with regard to a gaming license, the licensee may appeal the 

decision to the SNGA Gaming Commission. 

(10) Prohibition on Limitations. 

Nothing in this Section shall limit the Chief Gaming Regulator's authority 

to summarily issue an order directing action by a licensee, an order to 

cease andlor desist, or an order suspending a Gaming License upon a 

finding that such order is necessary to: 

(A) Cure an imminent threat to the integrity of gaming at the Gaming 

Enterprise; 

(B) Protect the Nation's property or assets; or 

(C) Ensure the public health and safety of patrons and employees. 

Section 204. Registratiod of Non-Gaming Vendors. 

(a) Each Non-Gaming Vendor required to be registered pursuant to Section 201(b) of 

this Title shall provide the following information in a form or format as may be 

required by the SNGA: 

(1) Name of the Non-Gaming Vendor; 

(2) , Address of the Non-Gaming Vendor's principal place of business; 
(3) Form of legal organization (such as a corporation, partnership, LLC, or 

sole proprietorship), and state where chartered; 

(4) Any state or tribal identification number providing access to the stateregistered or tribally-registered organizational papers; 

(5) The name and business address of the agent or person responsible for 

providing the goods or services; 

(6) If the Non-Gaming Vendor is not a publicly traded corporation, the name 

of the Principal of the on-Gaming Vendor, 

(7) The nature of the goods and services provided; and 

(8) Such additional information as the SNGA may require by regulation. 

(b) The Chief Gaming Regulator shall by regulation and procedures establish the time 

and submission req~~irements for this Section. 

(c) SNGA, at its discretion, may conduct a background investigation on a NonGaming Vendor required to be registered under this Chapter. 

Section 205. Applications and Reanirements for Class I Gaming Permits. 

An applicant for a Class I gaming permit pursuant to Section 201(c) shall provide his or her 

name, a brief description of the event, an estimate of the total amount of prizes, and such 

additional information in such form as may be established by regulation under this Title. 

Section 206.Applications and Requirements for Work Permits. 

Each employee of Gaming Operation required to have a work permit pursuant to Section 201(d) 

of this Title shall provide his or her name, residential address, phone number, Social Security 

Number, and such additional information in such form as it may require. SNGA may, at its 

discretion, conduct a background investigation on a person required to hold a permit under this 

Chapter. 

Section 207. Inspection of Premises. 

The premises of a Gaming Facility, including buildings and property connected physically or 

otherwise within the Gaming Facility, as well as parking areas and vehicles used in connection 

therewith, shall at all times be subject to inspection by or on behalf of SNGA. At any time during 

which a licensed Gaming or related administrative activity is being conducted on the premises, 

no advance notice shall be required from the SNGA to: 

(1) Make an account of all monies on the premises and all monies received during the 
operation of the licensed activity located on the premises; 

(2) Inspect all receipts for prizes which have been awarded by the Gaming Enterprise 

at the licensed facility; 

(3) Inspect any other records, accounts or other related information of the licensee or 

of any employee who directly participates in the management, operation, or 

promotion of a licensed activity; or of any employee of the licensee; and 

(4) Inspect equipment of any nature used in connection with gaming activities, 

including interior areas of such equipment, parts, and components. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 
CHAPTER TmE 

CIVIL AND CRIMINAL ACTIONS, 

PENALTIES, AND ENFORCEMENT 

Section 301. Civil Violations. 

(a) Generally. In addition to other civil and criminal acts that may be regulated or 

prohibited by this Title, other Seminole Nation law, or applicable federal or state 

law, the following prohibited activities shall constitute civil violations under this 

Title and may subject any person or entity subject to the enforcement authority of 

the SNGA as provided in this Title: 

(1) Violations of any License terms, restrictions, and limitations by a licensee; 

(2) Cheating in any form, including, but not limited to: 

(A) Altering or misrepresenting the outcome of gaming or another 

event on which wagers have been made after the outcome of such 

gaining or event has been determined but before such outcome is 

revealed to the players; 

(B) Placing or increasing a bet or wager after acquiring knowledge of 

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

or wager; 

(C) Altering, concealing, or marking cards; 

(D) Aiding any person in acquiring knowledge about of the forms of 

cheating referred to in Section 301(a)(2) of this Title for the 

purposes of increasing or decreasing any bet or wager, or for the 

purpose of determining the course of play; 

(E) Altering or tampering with any gaming equipment; 

(F) Using slugs, tokens, or forged or fraudulent coins or instruments 

for any gaming machine or to place a wager in a card game; 

(G) Aiding another person to cheat in any manner; 

(H) Violating any rules of play; 

(I) Using any device, apparatus, or contraption to determine or alter 

the outcome of play or change the odds of any game, including any 

calculator, computer, or other electronic or mechanical device to 

assist in projecting the outcome or odds of such gaming, to keep 
track of or analyze cards, or to change probabilities of any game or 

the playing strategies regularly utilized in such gaming; 

(J) Reducing the amount wagered or canceling a wager after acquiring 

knowledge of the outcome of the game or other event which is the 

subject of the bet or wager; or 

(K) Manipulating any component or part of a game or gaming 

equipment in a manner contrary to the designed and normal 

operational purpose for such component or part, so as to affect the 

outcome of the game. 

(3) Fraud or theft from the gaming facility by any patron, employee, agent, 

. guest, vendor or person, including, but not limited to: 

(A) Claiming, collecting, or attempting to claim, collect or take, money 

or anything of value from the Gaming Enterprise, Gaining Facility 

SNGE or Seminole Nation Gaming Enterprise to which one is not 

entitled; or claiming, collecting or taking an amount greater than 

the amount actually won in such game; 

(B) Defrauding the Nation, any licensee, or any participant in any 

gaming or promotional activity; 

(C) Making any untrue statement of a fact, or failing to state a fact 

necessary, in order to commit a fraud; or 

(D) Otherwise engaging in any act, practice, or course of conduct as 

would operate as a fraud upon any person; 

(4) Delay, maneuvering, or taking action of any kind to unlawfully avoid 

paying proceeds of gaming properly owed to the Seminole Nation; 

(5) Participating in or operating any gaming activity not authorized under this 

Title; 

(6) Enticing or inducing another person to go to any place where gaming is 

conducted or operated in violation of the provisions of ihis Title, with the 

intent that the oiher person play or participate in such gaming; 

(7) Providing false or misleading information or making any false or 

misleading statement with respect to an application for employment or for 

any license, certification or determination provided Tor in this Title; 

(8) Providing false or misleading information or making any false or 

misleading statement to the Nation, SNGA, or the Gaming Operation in 
connection with any contrac or property related to gaming; 

Providing false or mislea rmation or making any false or 

misleading statement in response to any official inquiry by the SNGA or 

its agents; 

Offering or attempting to offer any money or thing of value to an official 

or employee of the Gaming Operation, SNGA, or a license to induce such 

official or licensee to act, or refrain from acting, in a manner contrary to 

the official duties of the licensee under this Title, regulations promulgated 

by the Seminole Nation including those promulgated under this Title, 

Seminole Nation or Federal law, or the Compact; 

Acceptance by an official or employee of the Gaming Operation, SNGA, 

or a licensee of any money or value given to such organization or licensee 

for the purpose of inducing the organization or licensee to act, or refrain 

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

or licensee under this Title, Seminole Nation or federal law, or the 

Compact; 

Falsifying, destroying, erasing or altering any books, computer data, 

records, or other information relating to the Gaming Operation in ways 

other than is provided for in approved internal control procedures; 

(13) Taking any action which interferes with, impedes, or prevents the Gaming 

Operation, SNGA, or the General Council from fulfilling its duties and 

responsibilities under this Title, Title 8, SNGA regulations, IGRA, or the 

Compact; and 

(14) Entering into any contract, or making payment on any contract for the 

delivery of goods or services to a Gaming Operation, when such contract 

fails to provide for or result in the delivery of goods or services of fair 

value for the payment made or contemplated. 

(b) Gaming Management. In addition to any other violation set forth in Section (a) of 

this Section, it shall be a violation of this Title for any gaming manager, 

employee, or other responsible person or Nation official to: 

(1) Fail to keep appropriate books and records sufficient to substantiate the 

income and expenses and to verify the propriety of all expenditures and 

disbursements by any component of the Gaming Operation or activity 

owned or operated by the Gaming Enterprise; 

(2) Falsify any books or records related to any transaction connected with the 

holding, operating, or conducting of any Gaming activity or gaming 

promotion; 
(3) Make ally unauthorized payinents or disbursements; 

(4) Convert for one's personal use any funds, property, or other assets of the 

Gaining Operation; 

(5) Place unlicensed or unauthorized Gaming equipment on the Gaming floor 

or pertnit the play of una~~thorized games; 

(6) Fail to report observed violations of this Title to the SNGA; 

(7) Fail to comply with any order or directive of the SNGA; or 

(8) Fail or refuse to report any matter so required to be reported to the SNGA 

by this Title. 

(c) Duty to Report. It shall be a duty of the Gaming Operation to refer any suspected 

violations of this Title to SNGA. 

(d) Non-exclusive action. In addition to civil law sanctions under this Title, the 

Seminole Nation may exercise any of its police powers or pursue other available 

sanctions including criminal sanctions for civil violations under this Title. 

Section 302. Criminal Violations. 

(a) Criminal Violations. The Actions enumerated in Section 301 shall also constitute 

criminal offenses if committed knowingly or intentionally. 

(I) Any person subject to the criminal jurisdiction of the Nation who commits 

such offense may be criminally prosecuted by the Nation in Seminole 

Natiou Court and upon conviction for such offense(s) may be sentenced to 

imprisonment for a period not to exceed 365 days or a fine not to exceed 

$5000.00 or both such fine and imprisonment for each offense committed, 

plus costs. 

(2) Any person not subject to the criminal jurisdiction of the nation who 

commits an act prohibited by this Section shall be subject to a criminal 

referral to the appropriate law enforcement agency for possible 

prosecution under applicable state or federal laws. 

(b) Dutv to Report. It shall be the duty of the Gaming Operation and all licensees to 

report any suspected criminal activity to the appropriate law enlorcement agency 

and SNGA, and for SNGA to report any suspected criminal activity to the 

appropriate law enforcement agency. 

Section 303. Civil Sanctions. 
(a) Any person, Gaming Vendor, Gaining Finances, or other entity that engages in 

activities on property subject to the provisions of this Title or operates under a 

License issued under this Title in violation of this Title, regulations promulgated 

under this Title, the terms of a License issued under this Tide, IGRA, or the terms 

of the Compact shall be subject to the enforcement authority of the SNGA, which 

may assess civil san 

@) Any person who unlawfully trespasses upon any premises licensed under this 

Title may be permanently excluded from the premises and/or be subject to a civil 

suit by the Seminole Nation and/or the Gaming Operation 

(c) The SNGA, at its discretion, may institute an enforcement proceeding against any 

person or entity Licensed under this Title. In addition to any actions the SNGA 

may take pursuant to Chapter 2 of this Title related to the denial, revocation, 

suspension or other action related to a License issued under this Title, the SNGA 

by order may: 

(1) Impose a formal or informal reprimand, issue a command or order to cease 

and desist, or assess a monetary penalty not to exceed he following 

amounts; 

(A) $25,000 per violation per day if the violator holds a License issued 

under ihis Title and is a Gaming Vendor, Gaming Financer, or a 

Primary Management Official; 

(B) $25,000 per violation per day if the violator is engaged in or has 

taken actions requiring that it be licensed under this Title as a 

Gaming Vendor, Gaming Financer, or a Primary Management 

Official, and has not obtained such a License; 

(C) $5,000 per violation per day if the violator is a Key Employee; 

(D) $5,000 per violation per day if the violator is taking actions 

requiring that he, she, or it be licensed as a Key Employee under 

this Title, but the violator has not obtained such a license; or 

(E) $5,000 per violation per day if the violator is othe~wise subject to 

the civil jurisdiction of the Seminole Nation. 

(2) Issue an order: 

(A) Compelling a person to act in a lawful manner or to cease and 

desist from acting in an unlawful or inappropriate manner. 

(B) Prohibiting a violator from conducting business with the Gaming 
Operation or entering onto the premises of a gaming facility 

operated by the Gaming Enterprise. 

(C) Prohibiting any officials andlor employees of the Gaming 

Operation from conducting business with a violator or allowing 

entrance by a violator to the facilities operated by the Gaming 

Operation. 

(D) Prohibiting any officials andlor employees of the Gaming 

Operation from paying any unlicensed or unregistered vendor for 

goods or services provided to the Gaming Operation. 

(E) Requiring the seizure of property from the violator used in a 

violation of this Title. Such seized property shall become the 

property of the Seminole Nation. 

(F) Prohibiting violators from trespassing on premises licensed under 

this Code. 

(G) To forcibly close a Gaming Facility found to be operating in 

substantial violation of the law. 

(H) Requiring winnings found to have been received in violation of 

this Code to be forfeited and order them to become property of the 

Seminole Nation. 

(3) Enter into a consent decree with an alleged violator for purposes of 

resolving a violation and agreeing to a sanction. 

[HISTORY: Ordinance No. 8602; Ordinance No. 91-08, August 29, 1991; 

Codified by Law 91012, November 16, 1991; Ordinance No. 09-08, June 6,2009;] 

Section 304, Investi~ations and Examinations of Violations. 

(a) Investi~ations Authorized. 

In the event that the SNGA obtains information or otherwise suspects that a 

person or entity, including a licensee, has violated any provision of this Title, 

IGRA, the terms of the Compact, regulations issued under this Title, or the terms, 

conditions, and lirnitatio~~s of a License issued pursuant to this Title, the SNGA 

may investigate the matter. 

(b) Scope of Authority. 

In conducting an investigation under this Section, the SNGA shall have broad 

authority and may make inquiries, review information, take depositions, conduct 
hearings, and issue subpoenas compelling attendance, testimony, or the 

production of documents as may be needed in the performance of the SNGA's 

investigative duties and functions. 

(c) Removal of Records and Equipment During Inspection. 

If the SNGA finds that there is a reasonable probability that the provisions of this 

Title, including any amendments thereto or any of the rules passed by the SNGA 

have been or are being violated by a licensee or its employees, it may move any 

and all potentially relevant records and equipment, parts thereof, devices, or other 

things(s) to another location or locations for further inspection or investigation. 

Each such record, piece of equipment, part thereof, or other thing(s) so removed 

shall be returned to the premises or to the address of the licensee within thirty (30) 

business days (not counting holidays when nation offices are legally closed) 

unless the SNGA determines that the records, equipment, devices, or other 

thing(s) so removed are necessary for an ongoing investigation andlor evidence of 

possible violations of this Title or regulations issued thereunder by the licensee, 

by employers of the licensee or by operators of the licensed facility or activity. 

The SNGA shall notify the licensee of the reasons said property or thing@) are to 

be so held. 

Section 305. Civil Process. 

(a) Preliminary Notification of Violations. 

(I) Whenever the SNGA determines that a civil violation under this Chapter 

has occurred and a person or entity, including all licensees, subject to the 

civil jurisdiction of the Seminole Nation, has violated this Title, 

regulations promulgated under this Title, or any laws that this Title 

authorizes SNGA to monitor and edorce, the SNGA shall issue a 

preliminary notice of violation to that person or entity. Such notice shall: 

(A) Identify the alleged violator or violators; 

(B) Identify the alleged violation or violations; 

(C) Describe the steps necessary to effect a cure, if cure is available; 

(D) Propose a civil sanction for the alleged violation or describe the 

range of sanctions that may be imposed by the SNGA; and 

(E) Identify the due process steps available to alleged violator to 

accept or contest the allegation of violation, to present a proposed 

cure, where cure is possible, or to accept or contest the imposition 

of the proposed sanction. 
(2) The due process steps available under this Section shall include an offer to 

the alleged violator to request a hearing to show cause why the sallction 

should not be imposed. 

(3) The written petition req~~esting a hearing may request that the hearing be 

oral or conducted by the submissio~l of evidence, affidavits, argument, 

and, if applicable, a description of any mitigating circumstances. 

(4) If the alleged violator does not submit a petition requesting a hearing 

within the time allowed, the Chief Gaming Regulator's preli~ninary 

determination and proposed sanctioll shall be deemed final and shall not 

be further appealable. 

[HISTORY: Ordinance No. 8602; Ordinance No. 91-08, August 29,199 1 ; 

Codified by Law 91-12, November 16, 1991; Ordinance No. 09-08, June 6,20091 

(b) Hearings. If a hearing is granted pursuant to the terms of Section 203(e) or this 

Subsection: 

(1) It shall be conducted pursuant to regulations promulgated by the SNGA 

(A) Such regulations procedures shall include 

(i) Provisions for service of process, motions, orders, decisions 

and other papers or the signing of same; the counting of 

days; and the rights of an applicant, licensee, or alleged 

violator under this Title; 

(ii) Provisions concerning discovery and the presentation of 

evidence; 

(iii) The handling of confidential materials; 

(iv) Procedure for the conduct of hearings; and 

(v) Such other matters as the Chief Gaming Regulator 

considers appropriate to the proper functioning of such 

hearings. 

(B) Such procedures may also include provisions for deciding whether 

a hearing is to be an oral hearing or one conducted based on the 

written record submitted by the respondent. 

(2) Ex parte communications with the SNGA by or on behalf of an applicant, 

licensee or alleged violator subject Lo a hearing under this Section shall be 
Section 306. 

prohibited and no person or party shall act to unduly influence the 

o~ltcome of any matter pending in such a hearing. 

(A) Any employee of SNGA who receives an ex parte communication 

shall immediately report such communication to the SNGA's legal 

counsel. 

(B) Violation of this bar on ex pate communications shall be a 

separate violation of this Title and a person subject to the civil 

authority of the Seminole Nation engaging in such ex parte 

communication shall be subject to civil sanctions under this 

Section. 

(C) Nothing in this Section shall prohibit the applicant or licensee from 

communicating with the SNGA's legal counsel, ils investigators, 

or other authorized personnel or agents. 

(D) Parties to all hearings governed by this Section may appear 

personally or through an attorney, except that a party must 

personally attend any hearing on the merits unless his or her 

attendance has been waived, in writing, by the Chief Gaming 

Regulator. 

(3) All SNGA hearings on a matter subject to such hearings shall be on the 

record, which testimony shall be recorded by a duly certified court 

reporter or by means of audio recording and which may be used by the 

SNGA as evidence in any proceeding or matter before the SNGA. 

(4) Failure of a respondent to appear and testify at the designated time and 

place shall constitute a waiver of the applicant's, licensee's, or other 

respondent's right to a hearing and the Chief Gaming Regulator shall enter 

a final, unappealable, order in the matter, provided that the Chief Gaming 

Regulator, within his or her sole discretion may excuse a respondent's 

failure to appear for good cause upon respondent's request if such request 

is made within 24 hours from the date and time set for hearing. 

Final Determination. The Chief Gaming Regulator shall make a final 

determination on all matters appealed under this Section, which determination 

shall be in writing and mailed or delivered to the respondent. 

A~peals. A final determination of the Chief Gaming Regulator under this Section 

shall be subject to appeal to the SNGA Gaming Commission if timely filed and in 

accordance with the provisions of Sections 109, 110, and 11 1 of this Title and the 

procedures authorized to be adopted thereunder. 

Agent for Service of Process for Gaming Vendors and Financing Vendors. 
(a) Each Gaming Vendor and Financing Vendor who or which is not a Seminole 

Nation resident or resident corporation shall designate a natural person, who is a 

resident living in the Seminole Nation and who is 18 years of age or older, as a 

resident agent for the purpose of receipt and acceptance of service of process and 

other communications on behalf of the licensee. The name and business address 

where service of process and delivery of mail can be made and the home address 

of such designated resident agent shall be filed with the SNGA. 

(b) The Chief Gaming Regulator may issue subpoenas for persons, records and things 

as may be needed carry out the SNGA's duties and functions under this Title. 

Section 307. Production of Records: Hearings. 

(a) No applicant, licensee, or employee of a licensee shall neglect or refuse to 

produce records or evidence under his or her control, or to give information upon 

proper and lawful demand by the SNGA, or shall otherwise interfere with any 

proper and lawful efforts by the SNGA to produce such information. 

(b) The SNGA may summon any licensee or a licensee's agents, employees, or 

suppliers to appear to testify with regard to the conduct of any licensee or the 

agents, employees, or suppliers of any licensee. 

(1) All such testimony shall be given under oath and may embrace any 

matters that the SNGA may deem relevant to the discharge of its official 

duties. 

(2) Any person so summoned to appear shall have the right to be represented 

by counsel. 

(3) Any testimony so taken may be used by the SNGA as evidence in any 

proceeding or matter before the SNGA. , 

(4) Failure to appear and testify fully at the time and place designated, unless 

excused, shall constitute grounds for - 

(A) Revocation or suspension of any License held by the person 

summoned andlor his or her employer, Principal or employee, 

andlor. 

(B) In the case of a Gaming Vendor, the loss of the privilege to provide 

goods and services to the Gaming Operation. 

(C) Violation of this Section shall be a separate offense and subject to 

civil sanctions under this Title. 
[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 308. Price-Fixing and other Trade Restraints Prohibited. 

No Gaming Vendor shall make an agreement - either express or otherwise -- with any other 

Gaming Vendor to fix the price at which or limit the geographic area for which any device, 

paraphernalia, machine, equipment, prize or any other item used in connection with any of the 

activities authorized under this Code shall be sold or leased, or which services in connection 

therewith shall be rendered. The price of such items in a competitive market place shall be 

established by each Gaming Vendor for the products and services offered by each and shall not 

be established, directly or indirectly, in concert with another. Violations of this Section shall be a 

civil violation of this Title and shall be subject to civil sanctions under this Title. Nothing in this 

Section shall bar a Gaming Vendor from assigning sales territories among its bona fide 

representatives. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 309. Protection of Informant Identitv. 

The SNGA shall refuse to reveal at any court proceeding, or otherwise, the identity of any 

informant if such revelation would subject the informant to bodily harm. A refusal by any 

official or employee of the SNGA to provide information related to informants shall not form the 

basis for any sanction, disciplinary action or reprisal. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 
CHAPTER POUR 

Section 401. Responsibilities of SNGE and/or the Gaming Enterprise. 

(a) In General. The requirements of this Section shall be in addition to those stated 

elsewhere in this Title including those stated in Section 203(b)(2). 

(b) SNGE or Seminole Nation Gaming Enterprise. SNGE or Seminole Nation 

Gaming Enterprise shall oversee the management of the Gaming Enterprise in a 

manner that assures compliance with this Title, regulations and orders issued 

under this Title, and all applicable provisions of IGRA, NIGC regulation, and the 

Compact. 

(c) Gaming Enterwise Responsibilitv. The General Manager of the Gaming 

Enterprise shall supervise and be directly responsible for all activities in a facility 

licensed under this Title and for: 

(I) The compliance of all such activities with the terms of the facility License 

and the applicable terms of this Title and regulations issued under this 

Title: 

(2) The compliance by all employees of the Gaming Operation licensed under 

this Title with the terms of their Liceilses; 

(3) Assuring that the Gaming Enterprise works with ~amillg Vendors and 

Gaming Financers in a manner that assures that they are not engaged in 

any activities exceeding the scope of their Licenses under this Title as they 

relate to functions of the Gaming Operation or in contsavention of any 

applicable laws; 

(4) Preparing, securing SNGA approval for, and implementing a security plan 

for operation of each Gaming facility. Amendments shall be approved by 

the SNGA prior to implementation; and 

(5) Securing a license from SNGA for each electronic or other game to be 

placed into operation at a Gaming facility, including providing such 

Gaming Vendor information to the SNGA as it may require related to the 

procedures and policies for payout, accumulation, and account restrictions 

for funds, including for progressive payout games, and the safeguards built 

into the hardware and software associated with the electronic game. 

(d) Minimum lnternal Control and Technical Standards. The Gaming Operation shall 

be responsible for establishing internal control policies and procedures and 

ensuring that all gaming systems are compliant with all applicable techllical 
standards no less stringent than those established by SNGA by regulation, all 

applicable regulations of the NIGC, and all applicable provisions of the Compact. 

(e) Safety and Welfare. The construction, maintenance, and operation of a Gaming 

Facility licensed under this Title shall be conducted in a manner that adequately 

protects the environment, public health, safety, morals, good order, and general 

welfare of the public and citizens of the Seminole Nation. All alterations or 

modifications of a Gaining facility must be approved by the SNGA. 

Responsibility for the employment and maintenance of suitable methods of 

operation rests with the licensee and willful and persistent use or toleration of 

unsuitable methods of operation shall constitute grounds for License revocatioll 

and/or other sanctions. 

(f) Extension of Credit Not Allowed. The extension of credit by the Gaming 

Operation shall be prohibited and no person shall be permitted to play games 

authorized under this Title on credit nor shall they be provided a loan of any kind, 

except that such credit prohibition shall not prohibit the charging of gaming costs 

on credit cards nationally known and approved by the SNGA. 

(g) Firearms. No firearms, air guns which are capable of discharging dangerous 

projectiles or gases, such as "BE" or C02 guns, rifles, shotguns, pistols, or 

revolvers, shall be allowed on the premises, except as permitted by regulation of 

the SNGA. 

(h) Gaming Laws and Regulations on Premises. All components of the Gaming 

Operation shall obtain, maintain, and keep current a copy of this Title and all 

regulations of SNGA and any amendments to either. The Gaming Enterprise shall 

maintain at least one copy on the premises used for the conduct of Gaming under 

this Title. 

Section 402. Gaminz Requirements. 

(a) Restriction on Games Allowed. 

The Gaming Operation may only use or employ games authorized by IGRA 

and/or the Compact and approved by the SNGA. Electronic games may only be 

used when supplied by Gaming Vendors licensed by SNGA meeting the 

applicable technical standards. The SNGA may assess a fee for such approval and 

for re-approval when required by a modification to the hardware or software of 

the game. 

(b) Restriction on Location of Games. Games shall be operated only on the 

appropriate licensed premises in facilities licensed under this Title. 

(c) Player Rates. The Gaming Operation may charge players for games at rates 

approved by the SNGA. The rate shall be fixed for each type andlor group of 

78 
games and posted conspic~~ously on the preinises. 

(d) Prize Awards. 

Every prize awarded by the Gaming Enterprise may be awarded only to the 

person(s) actually winning the prize, provided that prizes shall not be awarded to 

minors or any person subject to an orderof exclusion from the gaming premises. 

(e) Exclusion of Licensees from Participation in Promotions. 

No licensee employed by the Gaming Operation or providing Gaming Goods 

shall be eligible to participate in any promotion of the Gaming Operation or to 

receive any promotional prize. 

(f) Age Limits for Gaming. 

No person, who is under the age of 18, shall be allowed to participate in any 

manner in the operation of any game or promotion in which prizes are awarded. 

No person(s) under the age of eighteen (18) shall be allowed on the gaming floor 

while games are being played. No person(s) under the age of twelve (12) shall be 

allowed in any area of the premises unsupervised, including vehicles located in 

parking lots. It shall be the responsibility of the Gaming Enterprise to enforce the 

provisions of this section and Security shall notify the appropriate social services 

agency if unsupervised minors are found in any area of the premises. 

(g) Limitations of Play bv Licensees. 

No employee of the Gaming Operation may play any Games while on duty, 

except in the case of the use of shills to encourage Gaming. Shills may be used 

only when operating consistent with regulations adopted by SNGA. Licensees 

may not participate in gaming activities conducted by the Gaming Facility in 

which they are employed, 

(h) Alcoholic Beverages. 

No beverage containing alcohol, including but not limited to beer, wine, or liquor, 

shall be offered or awarded as a prize or in lieu of a prize for winning at any time. 

Licenses shall be required in accordance with applicable laws for the sale of 

Liquor on premises where gaming is played and the Gaming Operation shall be 

responsible for ensuring compliance. 

(i) Ball Requirements. 

In the event that the Gaming Operation offers live-draw bingo games, lotto, or 

other games similar to bingo: 

79 
(1) Each numbered ball or other device used in a game for the selection of 

numbers to be called in play shall be the same weight and size as each of 

the other balls or devices used for that purpose of that game and in 

accordance with such other regulations as may be adopted by the SNGA; 

and 

(2) Immediately before the calling of each number in a game, the caller shall 

turn the portion of the ball or other device used to determine which 

number is called, which shows the number and letter to the participants in 

the game, so that participants may know that the proper number is being 

called out. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29,1991; Codified by Law 91-12, November 16,1991; 

Ordinance No. 09-08, June 6,20091 

(i) Pay Tables and Retention Ratios. The SNGA shall approve pay tables and the 

retention ratio for all gaming systems employed by the Gaming Operation; 

(k) Malfunctions. A malfunction of a gaming system and/or gaming hardware shall 

void all pays and plays. 

(1) House Rules. The Gaming Operation may establish house rules subject to the 

approval of the SNGA. 

(m) Availability of Game Rules. A copy of the rules for each game conducted shall be 

filed with and approved by the SNGA. The rules shall be posted and/ otherwise be 

made available to all Gaming Facility patrons upon request. 
CHAPTER FIVE 

REVENUES AND AUDITS 

Section 501. Audits and Accounts - Responsibilitv. 

(a) The Gaining Operation shall maintain an approved accounting system and 

properly account for all revenues, expenditures, and financially related business 

transactions in accordance with SNGA-approved accounting procedures and 

generally accepted accounting principles. 

(I) The Gaming Operation shall establish, maintain, and employ procedures 

that safeguard the Gaming Enterprise's assets and revenues, including 

recording of cash and evidence of debt and mandatory count procedures. 

Such procedures shall establish a controlled fiscal environment, 

accounting system, and control procedures that safeguard the assets of the 

Gaming Enterprise; ensure that operating transactions are properly 

recorded; promote operational efficiency; and encourage adherence to 

prescribed policies. 

(2) The Gaming Operation shall employ a uniform code of accounts and 

accounting classifications to ensure the consistency, comparability, and 

effective disclosure of financial information to the Nation and to SNGA. 

Such code shall require that records be retained that reflect statistical drop 

(amount wagered by Patrons), statistical win to statistical drop, and the 

percentage of statistical win to statistical drop, and provide similar 

information for each type of game in each Gaming facility. 

(3) SNGE or Seminole Nation Gaming Enteiprise shall maintain its cash 

handling proced~~res and accounts always consistent with the requirements 

of the regulations of the NIGC and pursuant to the Compact. 

(b) SNGA shall review and approve the accounting ancl cash handling procedures of 

the Gaming Operation and shall establish by regulation minimum reporting ancl 

financial recordkeeping requirements to ensure that all monies or things of value 

received andlor paid out may be properly monitored and accounted for. 

(c) SNGA shall continuously monitor and enforce compliance with cash handling, 

accounting, and internal control policies and procedures, which shall be consistent 

with SNGA internal control standards and NIGC's regulations establishing 

minimum internal control standards. SNGA shall establish internal audit standards 

in accordance with generally accepted accounting principles and review internal 

controls of SNGE and/or the Gaming Enterprise for their integrity in 

implementation. 

(d) The Gaming Operation shall contract for an annual independent audit of the 

financial statements of all Gaming activities by an external a~lditing firm and shall 
submit the resulting audit reporls to the General Council, SNGA, and the NIGC, 

provided that the cost for such mandatory reviews and audits shall be assessed 

against the Gaming Operation as a regulatory expense. The independent 

accounting firms employed to conduct such financial audits shall be 

knowledgeable in casino audits and operations and shall be subject to approval by 

the SNGA. The independent audit report shall meet all requirements for external 

audits established by NIGC regulations. All contracts for suppliers, services, or 

concessions for a contract amount in excess of $25,000 annually and a11 gaming 

and gaming-related construction contracts shall be subject to audit by SNGA 

andlor the person or firm conducting independent audits. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 

29, 1991; Codified by Law 91-12, November 16, 1991; 

Ordinance No. 09-08, June 6,20091 

Section 502. Gaming Revenue. 

(a) The entity or entities responsible for gaming revenue accounting shall on a daily 

basis track all gaming revenue data and shall record such data immediately upon 

its receipt of the daily deposit documentation from each gaming facility. The 

accounting entity(ies) shall also perform the following calculations each month: 

(1) "Compact Fees" shall be calculated and paid to the State of Oklahoma 

based on "adjusted gross covered games revenue" as that term is defined 

in the Compact in effect between the State of Oklahoma and the Seminole 

Nation of Oklahoma by subtracting from the total amo~mt of all receipts 

(total amounts wagered) in covered games, all amounts paid out (for 

prizes). (Total receipts - Total Payments = Adjusted Gross Covered 

Games Revenue.) The amount to be paid to the State shall be the 

appropriate percentage of "adjusted gross covered games revenue" as 

specified in the Compact. 

(2) Until satisfied, the "NIGC Fine Payment" shall be calculated and paid to 

the NIGC based on "Net Gaming Revenue" which shall be defined as 

gross gaming revenue (Class I1 and Class 111) less amounts paid out as, or 

paid for prizes and total operating expenses (excluding management fees, 

if any). (Gross Revenue - Prizes Paid Out - Total Operating Expense = Net 

Gaming Revenue.) For purposes of this calculation, the term "Operating 

Expenses" shall include the following: all gaming employee salaries, 

wages and benefits; advertising; utilities; supplies; gaming commissions; 

regulatory fees; and other operating costs plus the costs of SNGA 

(including costs of operating the surveillance and compliance programs), 

and that portion of SNGE's or Seminole Nation Gaming Enterprise's 

operating costs attributable to its administration and support of the 

Gaming Enterprise. Depreciation and fees assessed by the Seminole 
Nation Business and Corporate Regulatory Commission (BCR) shall be 

excluded from the definition of "Operating Expenses." The fine payment 

to NIGC shall be the appropriate percentage of "Net Gaining Reveil~~e" as

specified by the NIGC in its agreement(s) with the Nation and in 

accordance with the terms of this Section. Pursuant to the NIGC Fine 

Agreement approved by the General Council, the fine payments to NIGC 

shall be reviewed further for reduction or abatement at the end of the 

eighteen (18) months from the signing of the agreement by both parties. 

(3) "Adjusted Net Profit" shall mean "Net Gaming Revenue" as that term is 

defined in Section 502(a)(2) minus Compact Fees, the NIGC Fine 

Payment, until it is satisfied (whether paid to NIGC or to the Nation), 

depreciation, and fees assessed by BCR. (Net Gaming Revenue - 

(Compact Fee + NIGC Fine + depreciation +Tees assessed by BCR) = 

Adjusted Net Profit.) Once the NIGC Fine is satisfied, the definition of 

operating costs as defined in Section 501(a)(2) shall continue to apply for 

purposes of the monthly calculations of Adjusted Net Profit, and for 

purposes of calculating the amount of the regulatory fee payable to NIGC 

on a quarterly basis or on such schedule as the NIGC may specify by rule. 

(b) Prior to the monthly distribution of Adjusted Net Profit, the accounting entity(ies) 

shall transfer the amount calculated for the Compact Fee, the NIGC Fine (until 

satisfied), and the regulatory fees payable to the SNGA, and the State from the 

gaming depository account into segregated account(s) and from such acconnt(s), 

the accounting entity(ies) shall remit such amounts payable to the SNGA, State of 

Oklahoma, and the NIGC in accordance with the schedules specified in the 

Compact and by the Agreement with the NIGC, respectively, and, in accordance 

with subsection (c) of this Section in relation to the SNGA. 

(c) The budget for SNGA shall be subject to General Council approval in the budget 

process and shall be paid from the Seminole Nation Gaming VendorIGaming 

Operator Tribal Fee Code pursuant to Section 5.05 of Title 30 of the Seminole 

Nation Code of Laws, but which lee shall not be intended to cover SNGA's costs 

of surveillance, which shall be paid by the Gaming Operation pursuant to Section 

106(d) of this Title. The SNGA shall be responsible lor administering its budget, 

provided that it shall provide the Chief and the General Council an annual 

accounting of expenditures. 

(d) On the 15'~ of each month, the accounting entity(ies) shall remit to the Treasurer 

of the Seminole Nation seventy percent (70%) of the Adjusted Net Profit froin 

gaming, which shall constitute the Nation's share. The Nation's share shall bc 

applied in accordance with an approved General Council resolution lo fund tribal 

government or programs; to provide for the general welfare of the Nation and its 

members; to promote tribal economic development; to donate to charitable 

organizations; and to fund operations of gove~nment agencies of the Seminole 

Nation. 
(e) The remaining thirty percent (30%) of the Adjusted Net Revenue shall be retained 

and used by the Seminole Nation Gaming Enterprise for any purpose authorized 

by Title 8 of the Seminole Nation Code of Laws. 

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29, 1991; 

Codified by Law 91-12, November 16,1991; Amendedby Law No. 2001-09, 

September 29,2001; Amended by Law No. 2003-20, November 8,2003; 

Stricken and Amended by Ordinance No. 2004-30, December 4,2004; 

Amended by Law No. 2008-03, March 1,2008; 

Amended by Law No. 2008-06 April 8,2008; 

Ordinance No. 09-08, June 6,20091