JUN 2 5 2008 

The Honorable Christine Norris 

Tribal Chief 

Jena Band of Choctaw Indians 

P.O. Box 14 

Jena, LA 71342-0014 

Fax: 3 18-992-8244 

Re: Approval, Jena Band of Choctaw Indians mended class II & class m gaming 

ordinance. 

Dear Chief Norris: 

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

(NIGC) Chairman review and approve the Jena Band of Choctaw Indians' (Band) First 

Amended Class WClass III Gaming Ordinance of June 17,2008 (Ordinanc@adoptedby - - - 

the Band's Council by resolution # SBC 2008-061 7 on April 17,2008. The Ordinance is 

consistent with the requirements of the hdim Gaming Regulatory Act (IGTtA) and the 

MGC' s implementing regulations. Accordingly, the Ordinance is hereby approved. 

I would also like to take this opportunity to extend my congratulations to the Band 

on acquiring a reservation, 72 Fed. Reg. 15 7 1 1, and note that as an initial reservation, the 

land is eligible for gaming pursuant to IGR4.25 U.S .C. 5 5 2703(4) and 

271 9(b)(l)(B)(ii)- 

ng the amended ordinance for review and approval. The 

luck in its pursuits and look forward to working with you 

Philip N. Hogen 

Chairman 

NAnoMAt HWUAXI€RS 1441 L St. FdW, Suitit 9$?M3, Washington, DC 20335 Tel. 252.632.7a03 Fax: M2.632.7066 WWW.NlGc.CW 

REGIONAL OFFICES Portland, OR; Sacramento, CA: Phoen~x, AZ; St. Paul, MN: Tulsa, OK 
Jena Band of Choctaw Indians 

P. 0. Box 14 * Jena, Louisiana 71342-0014 - Phone: 318-992-2717 Fax: 318-992-824-4 

..- 

TRIBAL COUNCIL RESOLUTION ~a/ 

JBC2008- 06 17 'J' 

/3 - , , 

, L 

WHEREAS, the Jena Band of Choctaw Indians is a sovereign federally recognized 

Indian tribe. Acknowledged as a Sovereign Indian Nation by the United States Government; and 

WHEREAS, the Tribal CounciI of the Jena Band of Choctaw Indians (the "Tribal 

CounciI") is the governing body of the Jena Band of Choctaw Indians (the "Tribe"); and 

WHEREAS, the Tribal Council is authorized by the Tribal Constitution to act and 

exercise Tribal Authority on behaIf of the Tribe; and 

WIFEREAS, the Tribal Council has the duly authorized right to promote self-government 

on the Jena Band of Choctaw Tribal Lands; and 

WHEREAS, on April 2,2007, pursuant to the authorities granted by the Reorganization 

Act, the Secretaw of the Department of the Interior proclaimed all lands held in trzlst by the 

United States of America to be the reservation of the Tribe; and 

WHEREAS, the Tribal Council desires to amend the Jena Band of Choctaw Indians 

Class II, CIass 111 Gaming Ordinance adopted and enacted on July 17, I997 and approved by the 

National lndian Gaming Commission on March 13,200 1 provide a more complete reguIatory 

structure of the gaming to be conducted on the Tribe's lndian Lands. 

NOW, THEREFORE, BE IT RESOLVED that the Tribal Council does hereby adopt the Jena 

Band of Choctaw Indians First Amended Class IVClass 111 Gaming Ordinance dated June 17, 

2008 to authorize and regulate all classes of gaming on the Tribe's Indian Lands. 

NOW, THEREFORE, BE IT FURTHER RESOLVED that the Tribal Council does hereby 

authorize the Tribal Chief, Christine Nomis, to submit the Jena Band of Choctaw Indians First 

Amended Class WClass III Gaming Ordinance dated June 17,2008 to the National Indian 

Gaming Commission for approval and to request an Indian lands opinion from the Chairman, in 

connection therewith. 
The stated resolution was enacted and adopted on the f +day of June, 2008, by the Jena Band 

of Choctaw Indians Tribal Council. with a quorum present; the vote was (for), 

(against), and .-' (absent). 

Christine Norris eheryl Smith 
THE JENA RAND OF CHOCTAW TNDIANS 

FIRST AMENDED CLASS IUCLASS III GAMING ORDJNANCE 

17,2008 

An Ordinance to authorize, license, and regulate all classes of gaming on lands of the 

Jena Band of Choctaw Indians and to create a Tribal Gaming Commission. 

CHAPTER 1 

GENERAL PROVISIONS 

Section 101. Purpose. 

The Tribal Council of the Jena Band of Choctaw lndians (the "'Tribe") is empowered by 

the Tribe" Constitution to enact ordinances. The Tribal Council of the Jena Band of Choctaw 

lndians hereby enact this First Amended CIass IVClass IT1 gaming Ordinance ("Ordinance") in 

order to govern Class If and Class III gaming operations on the Tribe's Indian lands. 

Section 102. Declaration of PoIiey. 

The poIicy of the Jena Band of Choctaw Indians in promulgating this Ordinance is as 

follows: 

(a) That all classes of gaming shaII be permitted upon the Tribe's Indian Lands. 

(b) That gaming on the Tribe's Indian Lands shall be regulated in a manner that adequately 

protects the environment, the public health, welfare and moraIs of a11 persons residing on 

the Indian Lands, all invitees to the gaming establishment and the Tribe from any adverse 

effects that may derive from unregulated gaming; 

(c) That there shall be continuing effort to maximize the potentiat for revenue from any 

Tribal gaming establishment and to sustain the highest achievable levels of that revenue 

in order: 

(1) to fund tribaI government operations and programs; 

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

(33 to promote tribal economic development; 

(4) to donate to charitable organizations; or 

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

(d) That the Tribe shall have the sole proprietary interest in and responsibility for the conduct 

of all gaming activities on the Indian Lands; and 

(e) That the conduct of gaming activities provided for within this Ordinance shall comply 

with the Indian Gaming Regulatory Act, 25 U.S.C. $8 2701, et seq. , and any relevant 
regulations promulgated by the National Indian Gaming Commission ("NIGC") or the 

Bureau of Indian Affairs ("BIA"). 

Section 103. Definitions. 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein 

shall have the same meaning as defined in the Indian Gaming Regulatory Act ("TGRA"), 25 

U.S .C. 5 270 t et seq., and its regulations, 25 C.F.R. $ 500 et seq. Specifically: 

(a) Class I gaming means socia1 games solely for prizes of minimal vaIue or traditional 

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

ceremonies or celebrations. 

(h) Class TI gaming means: 

(1 $ the game of chance commonly known as bingo (whether or not electronic, 

computer, or other technological aids are used in connection therewith): 

(A) which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

(B) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or eIectronically 

determined, and 

(C) in which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, 

including (if played in the same location) pull-tabs, lotto, punch boards, tip 

jars, instant bingo, and other games similar to bingo, and 

(2) card games that: 

(A) are explicitly authorized by the laws of the State of Louisiana; or 

(B) are not explicitly prohibited by the laws of the State of Louisiana and are 

played at any location in the State, but only if such card games are played 

in conformity with those laws and regulations (if any) of the State 

regarding hours or periods of operation of such card games or limitations 

on wagers or pot sizes in such card games. 

(3) The terms "Class II Gaming" does not include: 

(A) any banking card games, including bacarat, chemin de fer, or blackjack 

(211, or 

(B) electronic or electromechanical facsimiles of any game of chance or slot 

machines of any kind. 
(c) Class 111 gaming means all forms of gaming that are not Class I or Class I1 Gaming. 

(dl Commission means the Tribal Gaming Commission established to perform regulatory 

oversight and to monitor compliance with Tribal, Federal, and applicable State 

regulations. 

(e) Commissioner means a Tribal Gaming Commissioner. 

(f) Compact means a Tribal-State Compact concerning CIass I11 Gaming approved by the 

Secretary of the Department of the Interior and published in the Federal Register pursuant 

to 25 U.S.C. Q 271O(d). 

(g) Complimentary shall have the meaning as set forth 25 C.F.R. 8 542.2(a). 

(h) Directly related to means a spouse, child, parent, grandchild, aunt, uncle or first cousin. 

(i) Indian Lands means: 

All Iands proclaimed on April 2,2007, pursuant to the authorities granted by the Indian 

Reorganization Act, to be the reservation of the Jena Band of Choctaw Indians (72 Fed. Reg. 

9571 1) are Indian Lands eligible for gaming and are: 

(1) all lands within the limits of the Tribe's reservations; 

(2) any lands titIe to which is either held in trust by the United States for the benefit 

of the Tribe or individual ox held by the Tribe or individual subject to restriction 

by the United States against alienation and over which the Indian Tribe exercises 

governmental power; and 

(3) for all lands acquired into trust for the benefit of an Indian tribe after October 17, 

1988, the lands meet the requirements set forth in 25 U.S.C. g 27 19. 

Cj) Key Employee means: 

(1) A person who perfoms one or more of the following functions: 

(A) Bingo caller; 

(B) Counting room supervisor; 

(C) Chief of security; 

(D) Custodian of gaming suppIies or cash; 

(E) Floor manager; 

(F) Pit boss; 
(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) If not otherwise included, any other person whose totaI cash compensation is in 

excess of fifty thousand doilars ($50,000.00) per year; 

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

gaming operation; or 

(4) Any other employee of any gaming operation that the Commission designates by 

its rules as a key employee. 

(k) Management Contract or Agreement means any contract, subcontract, or collateral 

agreement between the Tribal enterprise and a contractor or between a contractor and a 

subcontractor, if such contract or agreement provides for the management of a11 or part of 

a gaming establishment. 

(1) Management Contractor means the person designated by the management contract as 

having management responsibility for the gaming establishment, or a portion thereof 

(m) Net Revenues mean gross gaming revenues of an Lndian gaming operation less 

(1) Amounts paid out as, or paid for, prizes; and 

(2) Total gaming-dated operating expenses, excluding management fees. 

(n) Person Having a Direct or Indirect Financial Interest in a Management Contract 

means 

(I) When a person is a party to a management contract, any person having a direct 

financial interest in such management contract; 

(2) When a trust is a party to a management contract, any beneficiary or trustee; 

(3) When a partnership is a party to a management contract, any partner; 

(4) When a corporation is a party to a management contract, any person who is a 

director or who holds at least ten percent (10%) of the issued and outstanding 

stock alone or in combination with another stockholder who is a spouse, parent, 

child, or sibling; or 

(5) When an entity other than a natural person has an interest in a trust, partnership or 

corporation that has an interest in a management contract, all parties of that entity 

are deemed to be persons having a direct financial interest in a management 

contract. 
(0) Primary Management Official means 

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

(2) Any person who has authority: 

(A) To hire and fire employees; or 

(B) To set up working policy for the gaming experience; 

(3) The Chief Financial Officer or other person who has financial management 

responsibility. 

(p) Tribe means the Jena Band of Choctaw Tndians. 

Section 104. Gaming Authorized, 

Class II and Class ITI gaming are hereby authorized. 

Section 105. Ownership of Gaming. 

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

any gaming operation authorized by this Ordinance. 

Section 106. Use of Gaming Revenue. 

Net Revenues from tribal gaming shall be used only for the following purposes: 

(1) to fund tribal government operations and programs; 

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

(3) to promote tribal economic development; 

(4) to donate to charitable organizations; or 

(5) to heIp fund operations of local government agencies. 

Section 107. Per Capita Payments. 

(a) "'Per Capita Payment" means the distribution of money or other thing of value to all 

members of the Tribe, or to identified groups of members, which is paid directly from the 

net revenues of any tribal gaming authority. 

(b) If the Tribe elects to make per capita payments to tribal members from revenues derived 

from its gaming operations, it shall ensure that the following requirements of 25 C.F.R. 

Part 290 are met: 

(1) The Tribe shall authorize and issue such payments only in accordance with a 
revenue allocation plan submitted to and approved by the Secretary of the 

Department of the Interior under 25 U.S.C. § 2710(b)(3). 

The Tribe shall ensure that the interests of minors and other Iegally incompetent 

persons who are entitled to receive any per capita payments under a Tribal per 

capita payment plan are protected and preserved, and that the per capita payments 

are disbursed to the parents or legal guardian of such minors or legal incompetents 

in such amounts as may be necessary for the health, education, or welfare of the 

minor or other legally incompetent person, under a plan approved by the Tribal 

Council and the Secretary of the Department of the Interior. The Trihe must also 

establish criteria and a process for a withdrawal of funds by the parent or Iegal 

guardian. 

(33 The Tribal Council shall designate or create a Tribal court system, forum, or 

administrative process for resoIution of disputes concerning the allocation of net 

revenues and the distribution of per capita payments will expIain how it will 

correct deficiencies. 

(4) The Tribal Council shall ensure that the Tribal revenue allocation plan reserves an 

adequate portion of net gaming revenues from the tribal gaming activity to do one 

or more of the following purposes: fund Tribal government operations or 

programs; provide for the general welfare of the Tribe or its members; promote 

tribal economic development; donate to charitable organizations; or to help fund 

operations of local government. 

(5) The Tribal Council shall ensure that distributions of per capita payments are made 

according to specific eligibiIity requirements. 

(6) The TribaI Council shall ensure that Tribal members are notified of the tax 

Iiability for per capita payments and how taxes will be withheld. 

Section 108. Tribal Internal Control Standards. 

The Tribe shall adopt and implement Internal Control Standards (ICS) for the operation 

of its Tribal gaming operation in accordance with applicable law. The Tribe's ICS shall be set 

out in separate regulations to be reviewed and approved by the Tribal Council. 

Section 109. Audit. 

(a) The Tribe shall cause an annual outside independent audit of gaming operations to be 

conducted, and shall submit the resulting audit reports to the National Indian Gaming 

Commission. 
(b) All gaming reIated contracts that result in the purchase of supplies, services, or 

concessions in excess of twenty-five thousand ($25,000.00) annually, except contracts for 

professional legal and accounting services, shall be included within the scope of the audit that is 

described in subsection (a) above. 

Section 110, Environment and PubIic Health and Safety. 

(a) Gaming facilities shall be constructed, maintained, and operated in a manner that 

adequately protects the environment and the public health and safety. 

b) The Tribal Council shall adopt standards that assure adequate protection of the 

environment and the pubIic health and safety. 

Section 111. Complimentary Items. 

(a) The use of complimentary items shall be governed by regulations established by the 

Tribal Gaming Commission. 

(b) No Key Employee, Primary Management Official, Management Contractor, Tribal 

Council member, member of the gaming authority or Tribal Gaming Commission, or any person 

directly related to or sharing a residence with the persons, shaIl be authorized to receive 

complimentary items other than food and beverages valued at under five dollars ($5.00) or, if at a 

public event held at the gaming facility, the free food and beverages offered to the general pubIic. 

(c) Complimentary items shall be included in the annual budget far the gaming operation, 

with maximum limits specified, and shall be subject to approval by the Tribal Council. 

Section 112. Compliance with Federal Law. 

The Tribe will comply with a11 applicable federal law, including the Bank Secrecy Act, 3 1 

U.S.C. fi 531 1 et seq. 

CHAPTER 2 

TRIBAL GMNG COMMISSION 

Section 201. Commission EstabIished. 

(a) The Tribe hereby establishes a Tribal Gaming Commission which shall be known as the 

Jena Band of Choctaw Indians Gaming Commission and whose duty it is to regulate tribal 

gaming operations. The Tribal Gaming Commission sha1I consist of three (3) members selected 

by the Tribal Council. There shall be among them a Chairperson, Vice-Chairman, and at least 

one addi tionaI Commissioner. 
(b) The purpose of the Tribal Gaming Commission is regulatory, not managerial. The 

Commission will ensure compliance with Tribal, Federal, and, if applicable, State laws and 

regulations. The Commission shall serve as the licensing authority for individuals employed in 

the gaming operations md will administer background investigations as part of the licensing 

process. The Commission will also have a role in monitoring compliance with internal controls 

for the gaming operations and in tracking revenues. En order to carry out its regulatory duties, the 

Commission shall have unrestricted access to all areas of the gaming operations and to all 

records. The Commission shall have authority to take enforcement actions, inchding suspension 

or revocation of an individual gaming license when appropriate. 

Section 202. Appointment of Commissioners; Terms of Office; Filling of Vacancies. 

(a) Tribal Gaming Commissioner positions shall be filled through appointment by the Tribal 

Council. The Tribal Council shall require a criminal history check with appropriate law 

enforcement agencies and shall review this criminal history report and make an appropriate 

suitability determination before appointing an individual to a position as a Tribal Gaming 

Commissioner. 

(b) Nominees for positions of Tribal Gaming Commission must satisfy the suitability 

standards set forth for Management Contractors, Key Employees and Primary Management 

Officials found in Section 306 of this Ordinance. Such background investigations shall be 

performed either directly or indirectly by the Tribal Police Department or, if the Tribal PoIice 

Department has not been established, such other law enforcement agency designated by the 

Tribal Gaming Commission. 

(c) Terms of Office for Tribal Gaming Commissioners shall be as follows: the Chair shall 

serve an initial term of three years, with subsequent Chairs serving three-year tems. The ViceChair shall serve an initial term of two (2) years, with subsequent Vice-Chairs serving three-year 

tems. The Commissioner shall serve an initial term of one year, with subsequent 

Commissioners serving three-year tems. 

(d) The independence of the Tribal Gaming Commission is essential to a well-regulated 

gaming operation. For that reason, Commissioners may only be removed from office by the 

Tribal Council prior to the expiration of their respective terms for neglect of duty, misconduct, 

malfeasance, or other acts that would render a Commissioner unqualified for hishex position. 

Any allegations of neglect of duty, misconduct, malfeasance, or other acts that would render him 

or her unqualified for hisher position must be substantiated by a preponderance of the evidence. 

Commissioners wiIE be given an opportunity to provide evidence rebutting the grounds for their 

proposed removal before the removal is considered. A vote of the Tribal Council on the validity 

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

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

withheld. 
Section 203. Meetings; Quorum. 

Meetings shall be held at such times and places as may be necessary for the proper 

discharge of the Commission's duties. A majority of the Commission shall constitute a quorum. 

The concurrence of a majority of the members appointed to the Commission shall be required for 

any final determination by the Commission. The Commission may act in its official capacity 

even if there are vacancies on the Commission. The Commission shall keep a written record of 

a11 its meetings. 

Section 204. Salaries af Commissioners. 

The Tribal Gaming Commissioners shall be compensated at a Ievel determined by the 

Tribal Council. Commissioner compensation shaI1 not be based on a percentage of gaming 

revenue to ensure the Commission is nor improperly influenced. 

Section 205. Certain Persons Ineligible to be Commissioners. 

The Tribe recognizes the importance of an independent Tribal Gaming Commission in 

maintaining a well-regulated gaming operation. The Commission shall be and act independently 

and autonomously from the Tribal Council in all matters within its purview. No prior or 

subsequent review by the Tribal Council of any actions of the Commission shall be required or 

permitted except as otherwise explicitly provided in this Ordinance. To avoid potential conflicts 

of interest between the operation and regulation of the gaming facility, the Tribe hereby finds 

that, at a minimum the foIlowing individuals may not serve on the Gaming Commission: 

(I A member of the Tribal Council or Tribal Gaming Authority; 

(2) A member directly related to or living with any Tribal Council member, Tribal 

gaming authority member. or gaming contractors; 

(3) Employees of the gaming operation, while serving as such; 

(4) Gaming contractors (including any principal of a management or other contracting 

company); 

(5) Persons directly related to or sharing a residence with any of the above; 

(6) Persons ineligible to be Key Employees, Management Contractor, or Primary 

Management Officials; and 

(7) Persons previously convicted of a felony, of embezzlement, of theft, or of any 

other money-related crime or honesty-related crime (such as fraud). 
Section 206. Commissioners Prohibited from Participating in Tribal Gaming or Accepting 

Complimentary Items. 

No member of the Tribal Gaming Commission shall be permitted to participate in any 

gaming activity within any Tribal gaming establishment except for any such participation 

engaged in solely for educational or instructional purposes. TribaI Gaming Cornmission 

members are prohibited from accepting complimentary items from the gaming operation, 

excepting food and beverages valued under five dollars ($5.00). 

Section 207. Ethics. 

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

decisions on highly sensitive issues. As such, the Tribe has determined that the Gaming 

Commission shall be held to extremely high ethical standards. Prior to takang their positions on 

the Commission ("Members"), the Members shall agree to be bound by the following principles: 

(1) Members shall not hold financia1 interests that conflict with the conscientious 

performance of their duties as managers and regulators. 

(2) Members shall not engage in financial transactions using non-public infomation 

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

any private interest. 

(3) Members shall not solicit or accept any gift or other item of monetary value, 

including compIimentary items or services (see Section 206 above), from any 

person or entity seeking official action or inaction from, doing business with, or 

conducting activities regulated by the Member" organization, or whose interests 

may be substantially affected by the performance or nonperformance of the 

Members' duties; 

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

purporting to bind the Tribe; 

(5) Members shall not use their positions for private gain. 

(6) Members shall act impartially, in accordance with all relevant Tribal, Federal, and 

State Taws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including to any persons not related to 

Members. 

(7) Members shall ensure that Tribal property and gaming assets shall be properly 

segregated and safeguarded, and that such property and assets shall not be used for 

unauthorized activities. 
8 Members shall not engage in outside employment or activities, including seeking 

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

responsibilities. 

(9) Members shall disclose waste, fraud, abuse, and comption to appropriate 

authorities. 

(10) Members shall endeavor to avoid any actions creating the appearance that they are 

violating the Iaw or the ethical standards listed herein. 

(1 1 j Members shall disclose any real or apparent financial or persona1 conflicts. If 

there is a real conflict or the appearance of one, the Member shall not take part in 

any decision related to the conflict. 

Section 208. Penalty for Divulging Certain Information. 

Any Commissioner who divulges any fact or information coming to his or her knowledge 

not generally known by the public respecting any aspect of his or her duties as a Commissioner, 

except insofar as he or she may be authorized by the Commission or a court of competent 

jurisdiction, or a judge thereof, is guilty of cIass C misdemeanor. 

Section 209, Powers and Duties of the Commission. 

(a) The rights, powers, authority, jurisdiction, and duties conferred by this Chapter upon the 

Commission shall he exclusive and shall be exercised so far as they may he exercised 

consistently with the Constitution of the Jena Band of Choctaw Indians and all other Tribal law. 

(b) The Tribal Gaming Commission shall have the authority and responsibility to: 

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

Management Contractor, Primary Management Officials, Executive Director, and 

Key Employees; 

(2) Review and approve all investigative work conducted; 

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

(4) Obtain and process fingerprints, or designate a law enforcement agency to obtain 

and process fingerprints; 

(5) Make licensing eligibility determinations, which sha1I be signed by the Chairman 

of the Gaming Commission; 
Issue gaming licenses to management officials and employees of the operation, 

consistent with the eligibility determination; 

Establish standards for licensing Tribal gaming operations; 

Issue and renew facility gaming licenses to Tribal gaming operations; 

Inspect, examine and monitor all gaming activities, and have immediate access to 

review, inspect, examine, photocopy and audit all records of the gaming 

establishment; 

Ensure compliance with all Tribal, State, and Federal laws, rules, and regulations 

regarding Indian gaming; 

Investigate any suspicion of wrongdoing associated with any gaming activities; 

Hold hearinps on patron complaints and on violations of this Ordinance, in 

compiiance with procedures established in this Ordinance and other Tribal gaming 

regulations; 

Comply with any and all reporting requirements under the IGRA, Tribal-State 

compact to which the Tribe is a party, and any other applicable law; 

Promulgate and issue regulations necessary to comply with applicable internal 

control standards; 

Promulgate and issue regulations on the levying of fees and/or taxes associated 

with gaming license applications; 

Promulgate and issue regulations on the levying of fines and/or suspension or 

revocation of gaming licenses for violations of the gaming ordinance, or any other 

Tribal, Federal, or State, if applicable, gaming regulations; and 

Establish a list of persons not allowed to game in Tribal gaming facilities in order 

to maintain the integrity of the gaming; 

Establish a list of persons who have voluntarily asked to be excluded from the 

Tribal gaming facility and create regulations for enforcing this exclusion. 

Provide referrals and information to the appropriate law enforcement officials 

when such information indicates a violation of Tribal, Federal, or State statutes, 

ordinances, or resolutions; 
(20) Create a list of regulatory authorities that conduct vendor background 

investigations and licensing which the Commission recognizes as trustworthy; 

(2 1) Promulgate regulations exempting vendors from the licensing andlor background 

investigation requirements, if they have received a license from a recognized 

regulatory authority; 

(22) Enforce and administer all provisions of this Ordinance; 

(25) Revoke, suspend, condition, or deny an application or gaming license for any 

reason specified within this Ordinance; 

(24) Require that a bond in an amount of up to $1,000,000.00 be posted by a 

Management Contractor to ensure performance of a Management Contract and to 

ensure conformance with all applicable rules and regulations; 

(25) Require the bonding of Primary Management Officials, Key Employees, or other 

employees as deemed necessary; 

(26) Require at its discretion any Management Contractor to allow a person of the 

Commission's choosing in any room of the establishment who shall have a full 

opportunity to monitor operations at all times the establishment is in operation; 

(27) Enforce and administer all provisions of any other document entered into by the 

Tribe or a Tribal enterprise relating to gaming; 

(28) Perform such other duties the Commission deems appropriate for the proper 

regulation of the Tribal gaming operation; and 

(29) Promulgate such regulations and guidelines as it deems appropriate to implement 

the provisions of this Ordinance. 

(c) The Gaming Commission shall ensure that all records and information obtained as a 

resuIt of an empIoyee background investigation shall remain confidential and shall not be 

disclosed to persons who are not directly involved in the licensing and employment processes. 

lnfonnation obtained during the course of an employee background investigation shall be 

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

tribal gaming operation on a need-to-know basis for actions taken in their official capacities. 

This Section does not apply to requests for such information or records from any Tribal, 

Federal or State law enforcement or regulatory agency, or for the use of such information or 

records by the Commission and staff in the performance of their oficial duties. 
Section 210. Civil Enforcement. 

(a) The Commission may take any one or a combination of the foIIowing actions with respect 

to any person who violates any provision of this Ordinance: 

(1) Impose a civil penalty to the maximum extent afIawable under Tribal law. If 

such violation is a continuing one, each day of such violation may be deemed a 

separate offense. 

(2) Suspend or revoke any gaming license issued by the Commission. 

(3) The C~rnmission has the authority to impose one or more of the following 

sanctions: 

(i) seizure of any gaming apparatus, proceeds or other property of a licensee 

connected with the gaming activities engaged in by the licensee; 

(ii) in the case of any nonmember of the Tribe, expulsion from the Tribe's 

hdian Lands; 

(iii) collection of any unpaid fees, interest, or penalties; 

(iv) execution on any nonexempt property of a violator located within the 

exterior boundaries of the Tribe" Indian Lands; 

(v) a penalty of one hundred doIIars ($100.00) per day for failure to file any 

report when due and one thousand dollars ($1000.00) per day for failure to 

file such report after notice and demand; or 

(vi) any other action deemed necessary or appropriate by the Tribal Court. 

(b) Every person who applies for and accepts a gaming license shall he deemed responsible 

for reading and adhering to aII rules and reguIations relating to the conduct of gaming on Indian 

Lands. 

Section 211. Hearings and AppeaIs. 

(a) Where deemed appropriate and if requested, before taking any action regarding a possible 

violation of this Ordinance, the Commission shall hold a hearing allowing the violator an 

opportunity to be heard. 

(b) The Commission shall employ its best efforts to notify the alleged violator, in person or 

by letter delivered to his or her last known address, of the charges against him or her. If the 
alleged violator fails to respond, or cannot be found, the Commission may proceed with a hearing 

notwithstanding, and take such action as it deems appropriate. 

(c) Any person aggrieved by a decision made or action taken by the Commission nfter notice 

and opportunity for a hearing, may petition the Tribal Council for a rehearing. Such petition 

shall specifically set forth the reasons for aggrievernent, and be filed with the Tribal Council no 

later than sixty (60) days after the Commission's decision and action. 

(d) Any person aggrieved by a decision made or action taken by the Commission without 

notice and opportunity for n Rearing, may petition the Commission far a hearing and 

reconsideration. The petition shaII be filed within thirty (30) days after the petitioner knew or 

should have known of the decision or action. The Commission shall grant a prompt hearing 

upon receiving such a petition, and shall reconsider its decision or action in Iight of evidence and 

argument presented at a hearing. 

(e) Any licensee paying a penalty for late filing or failing to file a report for which there is an 

acceptable explanation may petition the Commission for credit or refund. The petition shall be 

filed within thirty (30) days afer the petitioner hew or shouId have known that the payment was 

excusable, but not more than six (6) months after payment in any case. 

Section 212. Sovereign Immunity. 

The Tribal Gaming Commission is an instrumentality of the Jena Band of Choctaw 

Indians, a federally recognized Indian tribe. AccordingIy, the Commission shares the same 

sovereign immunity from unconsented suit as the Tribe. That immunity may be waived by the 

Tribal Council upon a recommendation of the Commission setting forth the reason for and the 

scope of the proposed waiver. The Tribal Council may approve that waiver, with or without 

modifications, or it may deny such recommendation. Any recommendation hy the Commission 

for a waiver and a decision of the Tribal Cormcil on that recommendation shall he made within 

fifteen (1 5) days of the filing of a pe~ition authorized by Section 21 1 of this Ordinance. 

Section 213. Patron Dispute Resolution. 

Patrons who have complaints against the gaming establishment shall have as their sole 

remedy the right to file a petition for relief with the Tribal Gaming Commission. Complaints 

shall be submitted in writing, and at the discretion of the Commission, the petitioner may be 

allowed to present evidence. The Gaming Commission shall hoId a hearing within 30 days of 

receipt of petitioner's cornpIaint. Petitioner may have counsel present at such hearing. The 

Commission shall render a decision in a timely fashion and all such decisions will be final when 

issued. Any patron complaint must be submitted to the Commission within thirty (30) days of 

the incident giving rise to the complaint. All claims by patrons shall be limited to a maximum 

recovery of $50,000.00 per accurence, and a cumdative limit of $100,000.00 per patron in any 

twelve (1 2) month period, except disputes relating to a patron's entitlement to a game prize, 
which shall be limited to the amount of such prize. The Commission's decision shall constitute 

the complainant's final remedy. 

CHAPTER 3 

EXECUTIVE DIRECTOR 

Section 301. Qualifications of Executive Director and Salary. 

(a) The position of Executive Director of the Commission is hereby created. The 

Commission shall appoint the Executive Director, and the Executive Director shall serve at the 

wi1I and pleasure of the Commission. 

(b) No member of the Tribal Council, no person holding any elective office, nor any officer 

or officiaI of any politicd partly is eligible for the appointment of Executive Director. 

(c) The Executive Director must have at least five (5) years of responsible administrative 

experience in public or business administration or possess broad managerial skills and have a 

MBA, J. D., or higher degree of education. 

(d) The Executive Director shall devote his or her entire time and attention to the duties 

imposed under this Chapter and the business of the Commission and shall not pursue and other 

business or occupation or hold any other office of profit. 

(e) The Executive Director shall be pecuniarily interested in any businesses or company 

hoIding a license under this Chapter or doing business with any person licensed under this 

Chapter. 

(f) The Executive Director is entitled to an annual salary in the amount specified by the 

Tribal Council. 

Section 302. Authority of Executive Director. 

(a) The Executive Director shall furnish to the Commission such administrative and clerical 

services and such furnishings, equipment, supplies, stationary, books, and all other things 

that the Commission may deem necessary or desirable in carrying out its functions. 

(b) The Executive Director shall employ division directors that possess at least two (2) years 

af training and experience in the fields of accounting, investigation, law enforcement, 

law, or gaming. 

(c) The Executive Director in the pursuit of the attainment of the objectives and the purposes 

of this Chapter may 
(1) Direct and supervise all administrative actions of the Commission; 

(2) Perform such other duties which he or she may deem necessary to effectuate the 

purposes of this Chapter. 

Section 303. Files and Records to be Maintained by the Executive Director. 

Confidentiality of Information. 

(a) The Executive Director shall maintain a file of all applications for licenses under this 

Ordinance, together with a record of all actions taken with respect to those applications. 

(b) The Commission and Executive Director may maintain such other files or records as they 

deem desirable. 

(c) The following information and data are confidential and may only be revealed in whole or 

in part in the course of the necessary administration of this Ordinance or upon the lawful 

order of a court of competent jurisdiction: 

(1) Required by the commission or the Executive Director to be furnished to them 

under this Ordinance or which may otherwise be obtained relative to the finances, 

earnings, or revenue of any applicant or licensee; 

(2) Pertaining to an applicant's criminal record, antecedents and bacIcground which 

have been furnished to or obtained by the Commission or the Executive Director 

from any source; 

(3) Provided to the members of the Commission or the Executive Director of his 

employees by a governmental agency or an informer or on the assurances that the 

information will be held in confidence and treated as confidential; or 

(4) Obtained by the Executive Director or the Commission from a supplier relating to 

the manufacturing of gaming devices or gaming goods. 

Section 304. Removal of Executive Director from Office. 

The Executive Director may be removed from office by the Commission upon a majority 

vote of the Commission after a showing of cause. 
CHAITER 4 

FACILITY ANID GAMING LICENSES 

Section 401. Facility Licenses. 

The Tribal Gaming Commission shaI1 issue a separate license under this Ordinance once 

every three (3) years to each place, facility, or location on Indian Lands where Class I1 and/or 

Class III gaming is conducted. A separate license shall also issue for each class of gaming sought 

to be licensed. The Tribal Gaming Commission shall specify the form, conditions and content 

for the application for such licenses, which shall be submitted by the chief management official 

of the facility, and the initial application shall include a legal description of the lands whereon the 

facility is located, and a certification that said premises constitute "Indian Iands" as specified in 

TGRA, and shaIl identify the environmental, health, and public safety standards with which the 

facility must comply, and a certification that the facility is in compliance therewith. Each 

subsequent application for the renewal of such facility license shall identify any changes or 

additions to said legal description and applicable environmenta1, health, and public safety 

standards, and include current certifications af compliance therewith. The Tribal Gaming 

Commission shall only issue such licenses if the applications therefor include the required 

information and certifications and such further conditions as the Tribal Gaming Commission 

shall have specified. 

Section 402. Licenses for Management Contractors, Key Employees and Primary 

Management Officials. 

(a) A Tribal gaming license shall be required of all employees of a gaming establishment 

including each Key Employee, Primary Management OfficiaI and alternate Primary 

Management Official, any Management Contractor, and Tribal gaming enterprise. 

(b) All licenses issued under this Ordinance to a Management Contractor or a Tribal gaming 

enterprise must be posted by the licenses and kept posted at all times in a conspicuous 

place in the establishment for which issued until replaced by a place at all times while 

working in the establishment. 

(c) The Tribe shall ensure that the poIicies and procedures set out in this Chapter are 

implemented with respect to Key Employees, Primary Management Officials, and 

Management Contractors empIoyed at any gaming enterprise operated on Indian Lands. 

The Tribe will issue licenses and perform background investigations according to 

requirements at least as stringent as 25 C.F.R. Parts 556 and 558. 

Section 403. License Application Forms. 

(a) Each applicant for an initial gaming license shaIl complete an application. Such 

application shall request and contain the information specified in this Ordinance. Each applicant 
seeking renewal of an existing license shall also complete an application, however, such 

application shall require less detail. All applications shall be signed by the applicant if a natural 

person; or where the applicant is an association or partnership, by a member or partner thereof; or 

where the applicant is a Tribal gaming enterprise, by an authorized board member thereof; or 

where the applicant is a corporation to sign the application, in which case written evidence of 

authority to bind the applicant shall be attached. If any change is made in that authority, before or 

after a license is issued, the Commission shall he immediately informed in writing. Until that 

information is filed with the Commission, any action of or commitment made by the 

representative shall be binding upon the applicant. 

(b) Before a Management Contractor can he issued a gaming license, a background 

investigation must be successfully completed on each person having a direct or indirect financial 

interest in a management contract. In the event of a proposed change in the persons having a 

direct or indirect financial interest in a management contract, the Commission must he 

immediately notified and a background investigation shall be conducted on the proposed person 

prior to any change. 

(c) Before a Tribal gaming enterprise can be issued a gaming license, a background 

investigation must be successfully completed on each board member of such enterprise. In fie 

event of a proposed change in the board members. the Commission must be immediately notified 

and a background investigation shall be conducted on the proposed person prior to any change. 

(d) In addition to the information requested in subsection (a), an application shall also 

request the following information: 

(I) The location of where a Management Contractor will operate a gaming enterprise 

or where a Primary Management Official or a Key Employee will be employed; 

and 

(2) If the applicant is a corporation, association, partnership or other group, the names 

and interests of any person having a direct or indirect financial interest in the 

business; and 

(3) If the applicant is a Tribal gaming enterprise, the names of each board membcr; 

and 

(4) Each applicant for a license who has or will have a contract with the Tribe to 

manage a Tribal gaming establishment shall state whether or not applicant has a 

management contract to operate a gaming estabIishment that competes for patrons 

within the market area of the Tribe's gaming establishment, which shall be 

deemed to he the area within a 400 mile radius of the Tribe's gaming 

establishment; and 

(5) Each applicant for a license who has or will have a contract with the Tribe to 

manage a Tribal gaming estabIishment shall fiIe an organizational chart of its 

management organization; and 
(6) Such other information and detaiIs as the Commission may require in order to 

properly discharge its duties. 

(e) Each application shall be submitted to the person indicated on such appIication 

accompanied by payment of the appropriate non-refundable application fee as specified in 

Section 304. 

(f) The following notice shall be pIaced on the application form for a Key Employee or a 

Primary Management Official: 

En compliance with the Privacy Act of 1974, the following information is 

provided: Solicitation of the information on this form is authorized by 25 U.S.C. 4 

2701 et seq. The purpose of the requested information is to determine the 

eligibility of individuals to be employed in a gaming operation. The information 

wilI be used by the Tribe and the National Indian Gaming Commission members 

and staff who have need for the information in the performance of their official 

duties. The information may be disclosed to appropriate Federal, Tribal, State, 

local, or foreign law enforcement and regulatory agencies when relevant to civil, 

criminal, or regulatory investigations or prosecutions or when necessary pursuant 

to a requirement by a tribe or the National Indian Gaming Commission in 

connection with the hiring or firing of an employee, the issuance or revocation of 

a gaming Iicense, or investigation of activities while associated with a Tribe or a 

gaming operation. Failure to consent to the discIosures indicated in this notice 

will result in a tribe being unable to hire you in a primary management official or 

key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, 

failure to supply a SSN may result in errors in processing your application. 

(g) The following notice shall be placed on the application form for a Key Employee, a 

Management Contractor, or a Primary Management Official: 

A false statement on any part of your application may be grounds for not hiring 

you, or for firing you after you begin work. Also, you may be punished by fine or 

imprisonment. (U.S. Code, Title 18, Section 100 1) 

Section 404. License Fees. 

The Tribe may charge a license fee, to be set by the Tribal Gaming Commission, to cover 

its expenses in investigating and licensing Management Contractors, Key Employees and 

Primary Management Officials of the gaming operation. 
Section 405. Fingerprints. 

Each applicant for a Management Contractor, Key EmpIoyee or Primary Management 

Official position shall be required to have fingerprints taken as part of the license application 

procedure. Fingerprints shall be taken by a law enforcement agency designated by the Tribal 

Council. Fingerprints will then be forwarded to the NIGC for processing through the FI3I and 

NIGC to determine the applicant's criminal history, if any. 

Section 406. Background Investigations. 

(a) The Tribal Gaming Commission is responsible for conducting background investigations 

and eligibility determinations. 

(b) The Tribal Gaming Cammission shall request from each Management Contractor, from 

each Primary Management OfFicial and from each Key Employee all of the following 

information: 

(1) Full name, other names used Cora1 or written), social security number(s), birth 

date, place of birth, citizenship, gender, all languages (spoken or written) 

(2) Currently and for previous 5 years: business and employment positions held, 

ownership interests in those businesses, business and residence addresses, and 

drivers license numbers; 

(3) The names and current addresses of at least 3 personal references, including one 

personal reference listed under paragraph (b)(23 of this Section; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business reIationships with Indian 

tribes, including ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming 

industry generally, including ownership interests in those businesses; 

(7) The name and address of any licensing or regulatory agency with which the person 

has filed an application for a license or permit related to gaming, whether or not 

such license or permit was granted; 

(8) For each felony for which there was an ongoing prosecution or a conviction 

within 10 years of the date of the application, the charge, the name and address of 

the court involved, and the date and disposition, if any; 
(9) For each misdemeanor conviction or ongoing misdemeanor prosecution 

(excluding minor traffic violations), within 10 years of the date of the application, 

the charge, the name and address of the court involved, and the date and 

disposition; 

(10) For each criminal charge (excluding minor traffic charges), whether or not there is 

a conviction, if such charge is within ten (10) years of the date of the application 

and is not otherwise listed pursuant to paragraph (b)(S) or (bj(9) of this Section, 

the criminal charge, the name and address of the court involved, and the date and 

disposition; 

(1 1) 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 

Iicense or permit was granted; 

(12) A photograph taken within the last year; and 

(13) Any other relevant information the Tribe deems relevant. 

Section 407. Eligibility Determination. 

The Tribal Gaming Commission shall review a person's prior activities, criminal record, 

if any, and reputation, habits and associations to make a finding concerning the eligibility of a 

Management Contractor, Key Employee or Primary Management Official for employment in a 

gaming operation. If the Tribal Gaming Commission determines that employment of the person 

poses a threat to the public interest or to the effective regulation of gaming, or creates or 

enhances dangers of unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming, a tribal gaming operation shall not employ that person in a Management 

Contractor, Key Employee or Primary Management Official position. 

Section 408. Procedures for Forwarding Applications and Reports for Management 

Contractors, Key Employees and Primary Management OfFicialls to the 

National Indian Gaming Commission. 

(a) When a Management Contractor, Key Employee or Primary Management Oficial is 

employed to work at a gaming operation authorized by this Ordinance, the Commission shall 

forward to the NIGC a completed appIication for employment and conduct the background 

investigation and make the determination referred to in Section 307. 

(b) The gaming operation shaII not employ as a Management Contractor, Key Employee or 

Primary Management Official a person who does not have a license after 90 days. 
Section 409. Report to the National Gaming Commission. 

(a) The Tribal Gaming Commission shall prepare and forward a report on each background 

investigation to the NIGC. An investigative report shall include a11 of the following: 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(b) The Commission shall forward the completed investigative report to the NIGC within 

sixty (60) days after an employee begins work or within sixty (60) days of the approval: of this 

Ordinance by the Chairman of the NIGC. 

(c) The Commission shall submit, with the investigative report, a copy of the eligibility 

determination, unless the NIGC shaIl have advised the Tribe that the submission of the eligibility 

determination is not necessary. This determination shall include a Statement describing how the 

information submitted by the applicant was verified; a Statement of results following an inquiry 

into th applicant's prior activities, criminal record, if any, and reputation, habits, and 

associations; a Statement showing the results of interviews of a sufficient number of 

knowledgeable people (such as former employers, personal references, and others referred to by 

the appIicant) in order to provide a basis for the TribaI Gaming Commission to make a finding 

concerning the eligibility for licensing required for employment in a gaming operation; and a 

Statement documenting the disposition of all potential probIern areas noted and disqualifying 

information obtained. 

(d) If a license is not issued to an applicant, the Tribal Gaming Commission: 

(5) Shall notify the NIGC; and 

(6) Shall forward copies of its eligibility determination and investigative report (if 

any) to the NIGC for inclusion in the Indian Gaming Individuals Record System. 

(e) With respect to all employees and in particular Management Contractors, Key Employees 

and Primary Management Officials, the Tribal Gaming Commission shall retain applications for 

employment and reports (if any) of background investigations for inspection by the Chairman of 

the NIGC or his or her designee for no less than three (3) years from the date of termination of 

employment. 

Section 410. Granting a Gaming License. 

(a) If, within a thirty (30) day period after the NIGC receives a report, the NIGC notifies the 

Tribe that it has no objection to the issuance of a license pursuant to a license application filed by 

a Management Contractor, a Key Employee or a Primary Management Official for whom the 
Tribe has provided an application and investigative report to the NIGC, the Tribal Gaming 

Commission, acting for the Tribe, may issue a license to such applicant. 

(b) The Tribal Gaming Commission shall respond to a request for additional information 

from the Chairman of the NlGC concerning a Management Contractor, a Key Employee or a 

Primary Management Official who is the subject of a report. Such a request shall suspend the 

thirty (30) day period under paragraph (a) of this Section until the Chairman of the NIGC 

receives the additionaI information. 

(c) If, within the thirty (30) day period described above. the NIGC provides the Tribe with a 

Statement itemizing objections to the issuance of a license to a Management Contractor, Key 

Employee or to a Primary Management Official for whom the Tribal Gaming Commission has 

provided an application and investigative report to the NIGC, the Tribe shall reconsider the 

application, taking into account the objections itemized by the NIGC. The Tribe shall make the 

final decision whether to issue a license to such applicant. 

Section 411. License Suspension. 

(a) If, after the issuance of a gaming license, the Tribal Gaming Commission receives from 

the NlGC reliable information including that a Management Contractor, Key Employee or a 

Primary Management Official is not eligible for employment, the Tribal Gaming Commission 

shall suspend such license ad shall notify in writing the license of the suspension and the 

proposed revocation. 

(b) The Tribal Gaming Commission shall notify the licensee of a time and a place for a 

hearing on the proposed revocation of a Iicense. 

(c) After a revocation hearing, the Tribal Gaming Commission shall decide to revoke or to 

reinstate a gaming license. The Commission shall notify the NTGC of its decision. 

CJMPTER 5 

VENDOR LICENSES 

Section 501. Licenses for Vendors. 

(a) Vendors of gaming services or supplies with a value of twenty-five thousand dolIars 

($25,000.00) or more annually must have a vendor license hrn the Tribal Gaming Commission 

in order to transact business with the Tribal gaming operation. Contracts for professional legal 

and accounting services are excluded from this Section. 

(h) Gaming vendors are vendors who provide gaming supplies and services, including cashrelated services. 
(c) Non-gaming vendors provide senrices that do not have the ability to impact the integrity 

of the Tribal gaming operations, such as media advertising, faciIity maintenance workers, linen 

and laundry services, and food and beverage suppliers. The Tribal Gaming Commission shall 

create a regulation dealing which vendors fall into this category and shall maintain a register of 

the non-gaming vendors who: 1) are a Tribal, hcal, State, or Federal government agency; 2) are 

regulated by the State af Louisiana or the Tribe; or 3) will provide goods of insubstantial or 

insignificant amounts or quantities if the Tribal Gaming Commission determines that licensing of 

the vendor is not necessary to protect the public interest. 

Section 502. Submission of a Vendor License Application. 

In order to obtain a gaming vendor license, the business must complete a vendor 

application and submit to background checks of itself and its principals. Principals of a business 

include its officers, directors, management, owners, partners, non-institutional stockholders that 

either own ten percent (10%) or more of the stock or are the ten (10) largest stockholders, and the 

on-site supervisor or manager under the agreement with the Tribe, if applicable. 

Section 503. Contents of the Vendor License AppIication. 

(a) Applications for gaming vendor licenses must include the following: 

(I) Name of business, business address, business phone, federal tax ID number (of 

SSN, if a sole proprietorship), main office address, if different from business 

address, any other names the applicant has done business under, type of service 

applicant will provide; 

(2) Whether the applicant is a partnership, corporation, Iimited liability company, sole 

proprietorship, or other entity; 

(3) If the applicant is a corporation, the state of incorporation, and the qualification to 

do business in the State of Louisiana, if the gaming operation is in a different state 

than the state of incorporation; 

(4) Trade name, other names ever used, names of any wholly owned subsidiaries or 

other businesses owned by the vendor or its principaIs; 

(5) General description of the business and its activities; 

(6) Whether the applicant will be investing in or Ioaning money to the gaming 

operation and, if so, how much; 

(7) A description of any existing and previous business relationships with the gaming 

industry generalIy, including ownership interests in those businesses; 
(8) A list of Indian tribes with which the vendor has existing or previous business 

relationship, including ownership, financial, or management interests in nongaming activities; 

(93 Names, addresses, and phone numbers of three (3) business references with whom 

the company had regularly done business for the last five (53 years; 

(10) The name and address of any licensing or regulatory agency with which the 

business has filed an application for a license or permit related to gaming, whether 

or not such license or permit was granted; 

(I 1) If the business has ever had a license revoked for any reason, the circumstances 

involved: 

(12) A list of lawsuits to which the business has been a defendant, including the name 

and address of the court involved, and the date and disposition, if any; 

(13) List the business' funding sources and liabilities of fifty thousand dollars 

($50,000.00) or more; 

(14) A list of the principaIs of the business, their social security numbers, addresses 

and telephone numbers, title, and percentage of ownership in the company; and 

(1 5) Any further information the Tribe deems relevant. 

(b) The foIFowing notice shaII be placed on the application form for a vendor and its 

principals: 

Inclusion of false or misleading infomation in the vendor application may be 

grounds for denial or revocation of the Tribe's vendor license. 

(c) A vendor must submit a copy of a recent license application to another jurisdiction if it 

contains the information listed above. The vendor will be required to submit in writing any 

changes in the information since the other license application was filed and any information 

requested by the Tribe not contained in the other application. 

Section 504, Vendor Background Investigation. 

The Tribal Gaming Commission shall conduct or cause to be conducted an investigation 

of the gaming vendor. This investigation shall contain, at a minimum, the following steps: 

(a) Verify the business' incorporation status and qualification to do business in the State of 

Louisiana; 
(b) Obtain a business credit report, if available, and conduct a Better Business Bureau check 

on the vendor; 

(c) Conduct a check of the business' credit history; 

(d) Call each of the references listed in the vendor application; and 

(e) Conduct an investigation of the principals of the business, including a criminal history 

check, a credit report, and interviews with the persona1 references listed. 

Section 505. Vendor License Fee. 

The Tribe may charge a license fee, to be set by the Tribal Gaming Commission, to cover 

the expenses in investigating and licensing vendors of the gaming operation. 

Section 506. Vendor Background Investigation Report. 

The Tribal Gaming Commission shall complete or cause to be completed an investigative 

report covering each of the steps taken in the background investigation of the gaming vendor and 

its principals and present it to the Tribal Gaming Commission. 

Section 507. Exemption for Vendors Licensed by Recognized Regulatory Authorities. 

The Tribal Gaming Commission may adopt regulations naming specific licensing 

authorities that it recognizes and may authorize exemptions to the vendor licensing process for 

vendors which have received a license from one of the named regulatory authorities. 

Section 508. Licenses for Non-Gaming Vendors. 

For non-gaming vendors, the Tribal Gaming Commission is authorized to create a less 

stringent vendor Iicensing process, including a due diligence check rather than a full background 

investigation as laid out in Section 306. The Gaming Commission may investigate such vendors 

when appropriate and may conduct audits in addition to monitoring Tribal purchases. 

CJX4PTER 6 

FINANCIAL MANAGEMENT AND ACCOUNTING PROCEDUMS 

Section 601. Records and Reports. 

(a) Prior to operation of any gaming establishment, a written cash management and internal 

control system adequate to safeguard all funds of the establishment shall be established and 

implemented by the Tribe. Pf such system is estabIished andor implemented by an outside entity, 

the Commission or any Tribal enterprise shall have the right to approve such system and, shall, at 
any time once implemented, have the right to monitor this system whether directly or through an 

agent. This includes the right to inspect and examine all accounting records and books off 

accounting pertaining to the gaming establishment as well as all source documentation for these 

records. Such cash management and internal control system shall include procedures relating to 

the handling of internal bankroll and cash receipts, deposits to the bank accounts of the 

establishment, disbursements from such bank accounts, and aII other necessary accounting and 

auditing procedures relating thereto. 

(b) All financial data, records, and accounts are the property of the Tribe and shall be kept on 

the premises of the gaming establishment. The Commission shall have access, either directly or 

through an agent, to the daily operations of the establishment, and shall have the right to verify 

the daily gross revenues and income earned from a11 Tribal gaming activities. The Commission 

shall. also have access to any other gaming-related information the Commission deems 

appropriate. 

(c) No person shall falsify or cause to be falsified any books or records relating to any 

transaction connected with the conduct of gaming activities. 

(d) Upon request, the Commission shall be provided with copies of all documents, reports, or 

other related paperwork produced in the operation of a gaming establishment. Such items shall 

be furnished to the Commission no later than one (1) week after the request is made or no later 

than one (1) week after the items are produced. These items will include, but not be limited to, 

verifiable financial reports showing the revenues and expenses of the establishment, balance 

sheets, operational budgets and projections, tour bus attendance and compensation, tax reports, 

and all items completed for the NIGC or any other governmental agency. 

(e) An independent audit, conducted by a certified public accountant approved by the 

Commission, shall be performed at least annually of all financial information. The results of 

such audit shall be submitted to the NIGC. All gaming rdated contracts that result in purchases 

of supplies, services, or concessions for more than twenty-five thousand dollars ($25,000.00) in 

any one (1) year (excluding contracts for professional legal or accounting services) shall be 

specifically included within the scope of the audit. 

(f) All financial and accounting aspects of each gaming establishment shall be in compliance 

with the operational procedures of the particuIas establishment. 
CHAPTER 7 

MISCELLANEOUS PROVISIONS 

Section 701. Applicable law. 

A11 controversies arising under this Ordinance or otherwise relating to gaming on the 

Tribe's Indian Lands, shall be resolved in accordance with the laws of the Tribe. 

Section 702. Indian Lands. 

All lands procIaimed on April 2,2007, pursuant to the authorities granted by the Indian 

Reorganization Act to be the reservation of the Jena Band of Choctaw Indians (72 Fed. Reg. 

1 57 1 1 $ are Indian Lands eligible for gaming, 

Section 703. Agent for Service of Process. 

The Tribe hereby designates the Tribal Chief as agent for service of process, who may be 

contacted at: 1052 Chanaha Hina Street, Trout, Louisiana 7 137 1. 

Section 704. Tribal Access to Financial Information. 

A copy of the Tribal gaming operation annual audit will be made available for review, 

upon request, to enrolled Tribal members. 

Section 705. Savings Provision. 

If any provision of this Ordinance or the application thereof to any person or 

circumstance is held invalid, the invalidity shall not effect other provisions or application of the 

Ordinance that can be given effect without the invalid provision or application, and to this end, 

the provisions of this Ordinance are severable. 

Section 706. Amendment. 

Any amendment to this Ordinance shaII be submitted to the NIGC for approval within 

fifteen (15) days after adoption. 

Section 707. Effective Date. 

This Ordinance shall he effective on the date of enactment and adoption by the Tribal 

Council. 
Section 708. Repeal. 

To the extent that they are inconsistent with this Ordinance, all prior gaming ordinances 

are hereby repealed.