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MISSISSIPPI BAND OF CHOCTAW INDIANS

Box 6010 Choctaw Branch

Philadelphia Mississippi 39350

ORJ)INANCE No. 16-V

AN ORDINANCE AMENDING TITLE XV OF THE TRIBAL CODE

WHEREAS, the Revised Constitution and Bylaws of the Mississippi Band of Choctaw Indians,

Article Vifi, Sections 1(c) and (o), empowers the Tribal Council to N

establish procedures for the

conduct of all tribal government and business operations and Wes~lish policies relating to tribal

economic affairs; and

WHEREAS, by Ordinance No. 40, this Tribal Council has authorized Class ifi gaming with

appropriate regulation, and

WHEREAS, by Ordinances Nos. 16-0 and 16-R, this Tribal Council amended the Tribal Code

by adding and amending a Title XV, Chapter 1, which created the Choctaw Gaming

Commission, Chapter 2, which authorized the Choctaw Gaming Commission to regulate Class

II gaming (bingo and related games and certain card games), and Chapter 3, which described

regulation of casino-type games on the reservation, in full accord with the IGRA; and

WHEREAS, this Tribal Council does now desire to amend Title XV to respond to certain

requirements of the National Indian Gaming Commission and for related purposes, and

WHEREAS, this Resolution has been reviewed and approved by the Committee on Judicial

Affairs and Law Enforcement of the Tribal Council, now therefore be it

ENACTED, that the Tribal Council does hereby replace Title XV, Gaming, of the tribal Code

with an amended Title XV, Gaming, to the Tribal Code in the form attached hereto; and be it

further

ENACTED, that Title XV, in the form attached hereto, shall become effective upon approval

of this Ordinance and amended Title XV, Chapters 1,2, and 3, by the Chairman of the National

Indian Gaming Commission (or the official of the U. S. Department of the Interior currently

exercising authority for such Commission) or ninety days after submission to the Chairman of

the Indian Gaining Commission, whichever shall first occur; and be it further

ENACTED, that except for the replacement of the Title XV with the attached amended Title

XV, all provisions of Ordinances No. 16-0 and -R shall remain in full force and effect, and

references in such Ordinances Nos. 16-0 and 16-R to Title XV shall be construed as referring

to the amended Title XV and any additional amendments as may be authorized by this Tribal

Council and approved by the Chairman of the National Indian Gaming Commission; and be it

further
Ordinane No. 16-V

Page2

ENACTED, that the Tribal Chief and the Secretary-Treasurer are hereby authorized to take such

other and further actions as may be necessary to obtain approval for and implement the amended

Title XV, Chapters 1, 2, and 3, attached hereto; and be it further

ENACTED, that the Chairman of the Committee on Judicial Affairs and Law Enforcement is

hereby directed to ensure that a properly amended Tribal Code is prepared in accordance with

this Ordinance by preparing substituted and additional pages for the provisions of the Code as

amended by this Ordinance, with each amended page thereto to be date stamped October 19,

1993.

CERTIFICATION

I, the undersigned, as Secretary-Treasurer of the Mississippi Band of Choctaw Indians, certify

that the Tribal Council of said Band is composed of 16 members, of whom 14, constituting a

quorum, were present at a, special meeting thereof, duly called, noticed, convened, and held this

19th day of ~October, 1993; and that the foregoing Ordinance was duly enacted by a vote of 12

members in favor, 1 opposed, and 1 abstaining.

Dated this 19th day of October, 1993.

ArrEST:

~-

RECOMMENDED:

Date

~akil. L1~~~A~ji7

Chief

Superintendent, Choctaw Agency

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0

Exhibit A

TITLE XV

GAMING

CHAFFER I - CHOCTAW GAMING COMMISSION

§ 15-1-1 Gaming Commission

(1) There is hereby established the Choctaw Gaining Commission (Commission), which

shall regulate all activities~under this Title XV (Title). The Commission shall consist of

three full-time members cOmposed of a Chairman and two Associate Commissioners.

Commissioners may or my not be members of the tribe. The Chairman and Associate

Commissioners shall be appointed by the Tribal Chief and approved by resolution of the

Tribal Council. Within sixty (60) days of passage of this Restated Title XV, the Tribal Chief

shall appoint the initial Chairman to a four-year term ending in December of 1996, and the

remaining members to an initial three-year term ending in December of 1995. Thereafter,

the Tribal Chief shall appoint the Chairman and the Associate Commissioners to terms of

four years, subject to approval by the Tribal Council.

(2) The Tribal Chief shall conduct or cause to be conducted an inquiry into each

appointees financial stability, integrity, and good reputation prior to appointing a member to

the Commission. No individual who has been convicted of a felony or gaming offense or

who has a conflict of interest prohibited by § 15-1-4 shall be eligible for appointment to or

service on the Commission.

(3) The Chairman shall have overall supervision and responsibility of the Commission

activities. It shall be the duty of the Chairman, with the concurrence of the two Associate

Commissioners, to establish a plan of organization for the Commission and its staff.

* 15-1-2 No Waiver of Immunity

In the exercise of its powers and duties, neither the Commission nor any of its

members shall waive the immunity of the Commission or of the Mississippi Band of Choctaw

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Indians from suit without~ the expressed consent of the Tribal Council of the Mississippi Band

of Choctaw Indians.

§ 15-1-3 Bonding

Commission members and commission personnel, if any, must be bonded in an

amount of at least $10,000, which cost shall be borne from the Commission budget.

§ 15-1-4 Conflict of Interest

(1) No member or employee of the Commission shall solicit, accept or receive any gift,

gratuity, emolument, or employment from any person, officer, agent, or employee of a

gaming entity, supplier or contractor, or an applicant for a work permit or license subject to

the provisions of this Titló.

No such Commission member or employee shall solicit, request from, or recommend,

directly or indirectly, to any gaming entity, supplier, contractor or applicant subject to this

Title, or to any officer, agent, or employee thereof, the appointment of any person to any

place or position of employment.

Every such person subject to regulation under this Title, and every officer, agent, or

employee thereof, is hereby forbidden to offer to any member of the Commission, or to any

person appointed or employed by the Commission any gift, gratuity, emolument, or

employment.

(2) No member of the Commission or its employees, if any, may work for any tribal

gaming entity, contractor, or supplier during such appointment or employment for a period

of one year after termination of their appointment to or employment with the Commission.

(3) No Commission official or member of their immediate household shall receivó any

payment for the purpose of obtaining or maintaining a gaming management contract, or any

license or work permit.

(4) No Commission member or member of their immediate household and no member of

the Tribal Council shall be an owner, partner, beneficiary, shareholder, director, officer, or

employee of the entity holding the management contract for any Mississippi Band of Choctaw

Indians tribal gaming operations.

(5) No tribal member or non-member may be appointed as a Commissioner or hired as an

employee of the Commission while holding any position of employment or accepting a

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position of employment with any gaming enterprise or gaming supplier or contractor; nor

miy such person be appointed a Commissioner or continue to serve as a Commissioner or

employee of the Commission while any member of their immediate household holds or

accepts any position of employmónt with a gaming enterprise, supplier or contractor.

(6) Commissioners and Commission employees or members of their immediate

household are prohibited from participating in any games of chance offered by any gaming

entity on the reservation for the duration of their term or period of employment with the

Commission.

(7) For purposes of this section immediate household is defined as son(s), daughter(s),

step-son(s) or step-daughter(s), spouse, or spouse recognized by common law, and members

living in the same house.~

* 15-1-5 Removal of Commissioners

Commission members may be removed from their position by a majority vote of the

Tribal Council at a meeting at which a quorum is present only for neglect of duty,

malfeasance in office, or other just cause, and only upon recommendation to the Tribal

Council through the Tribal Chief by majority of the remaining Commissioners; provided,

however, that the Tribal Council may remove any member without recommendation from the

other Commissioners in cases of criminal violation of tribal, federal or state statutes or

regulations.

* 15-1-6 Vacancies

In the event of a vacancy occurring on the Commission for any reason, the vacancy

shall be filled for the remainder of the term by appointment of the Tribal Chief approved by

the Tribal Council. Upon expiration of the term of the vacated Commissioner position, the

procedure set forth in § 15-i-i shall apply.

a 15-1-7 Meetings

Due to the need for ongoing oversight of gaming operations, management and key

employees, the Commission shall hold meetings at a minimum of once every 60 days. Full

minutes are to be kept and flied of all Commission meetings, subject to * 15-1-13

qualifications on confidential and proprietary information. Special meetings may be called by

the Chairman or by any two Commissioners, provided formal notification in writing is given

to all Commission memb~rs at least three days in advance of the meeting date. Formal

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notification may be waiv~d in emergency situations provided all members of the Commission

arØ contacted by the Chairman and such contact and waiver are duly recorded.

* 15-1-8 Ouorum

Two members of the Board shall constitute a quorum, with all matters governed by a

majority vote of the quorum.

§ 15-1-9 Compensation

(1) Subject to receiving funding pursuant to * 15-1-11, the Commission shall pay

members of the Commission salaries in accordance with this section for their services in

oversight and regulation of gaming enterprises on the reservation. The Commission shall

also reimburse Commissioners for expenses on behalf of the Commissions activities. All

reimbursable expenses shall conform to prevailing Tribal Government administrative

procedures.

(2) TheChairmanoftheCommissionshallbepaidatarateequaltothegradeTS3Oof

the tribal wage scale, as it may be adjusted from time to time. The associate members of the

CommssionshallbepaidatarateequaltothegradeTS25ofthetribalwagescale,asit

may be adjusted from time to time.

* 15-1-10 Reports

The Commission shall submit an annual report to the Tribal Council through the

Tribal Chief and provide any other interim reports and information as requested by the Tribal

Chief and in such form as may be specified certifying conformance of each gaming

enterprise to applicable tribal and federal law and licensing requirements, applicable tribalstale compact provisions, and to the Commissions regulations in the conduct of their gaming

activities.

* 15-1-11 Funding

(1) The Commission shall annually adopt and assess a fee upon the gross revenue of all

licensed gaming entities a* to exceed one percent (1 %) for the purpose of paying costs

incurred in carrying out its specific investigative oversight and operational responsibilities.

Assessments must be duly recorded and ified for audit purposes. The fee assessed pursuant

to this section shall be payable quarterly and shall be in addition to any fee(s) required to be

paid by licensees to the National Indian Gaming Commission.
(2) No monies may be expended by the Commission until a budget has been submitted

foi review and approval~by the Tribal Council. All Commission operating revenues and

expenditures must be reviewed by the Tribal Chief or his designate for conformance with

standard tribal administrative financial procedures.

(3) Any Commission funding needs and expenditures beyond one percent of gross

revenues of gaming activities licensed by the Commission must be submitted to the Tribal

Chief forTribal Council review, approval, and appropriation in amounts necessary for the

operation of the Commission. Residual funds collected in excess of expenditures shall be

returned totheTribalCounciltobedepositedintothetribalgeneralfundattheendofthe

tribes fiscal year.

(4) For purposes of this section, gross revenues means total amount of money wagered,

less amounts paid out as~ prizes or paid for prizes awarded.

§ 15-1-12 Financial Records and Audit

The Commission shall maintain accurate and complete records of the financial affairs

of the Commission, and the Chairman of the Commission shall cause an annual audit of the

Commissions financial affairs to be conducted by a certified public accountant in accordance

with generally accepted accounting principles, consistently applied, and shall furnish an

annual budget, an annual balance sheet, and complete financial report of the Commission to

the Tribal Council through the Tribal Chief within three months of close of the tribes fiscal

year.

§ 15-1-13 Confidential Records

(1) The Commission shall maintain a file listing all applications for licenses and work

permits under this Title and a record of all Commission actions on such applications, and

such records shall not be confidential.

(2) Confidential information shall include (1) records and financial data acquired by the

Commission in carrying out its background investigations of potential gaming entities,

managers and key employees and (2) proprietary financial data. Except as otherwise

provided herein, confidential information is prohibited from public disclosure either by the

Commission or by individual Commissioners. Confidential or proprietary records, in whole

or in part, shall not be included as sections of or attachments to Commission budget

documents, annual reports, minutes or audit findings. Copies of confidential or proprietary

records may be forwarded to the National Indian Gaming Commission or other applicable

regulatory agency upon the written request of that agency or in compliance with the

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appropriate reporting requirements of this Title, the Indian Gaming Regulatory Act and any

tribal-state compact.

§ 15-1-14 Licenses and Work Permits Required

(1) No entity or person shall enter into a binding management contract for operation and

management of gaming activity with the tribe or shall be hired as a primary management

official or key employee of a gaming enterprise operated pursuant to this Title, unless such

entity or person is the holder of a gaming license issued by the Commission. The

Commission shall provide prompt notification to the Tribal Council through the Tribal Chief

and to the National Indian Gaming Commission of any such gaming licenses issued pursuant

to this Title. Separate licenses will be required for each place or location where gaming is

conducted.

(2) Persons not required to be licensed as primary management officials or key employees

shall not be employed to work in a gaming enterprise operated pursuant to this Title, unless

such person is the holder, of a work permit issued by the Commission.

(3) For purposes of this Title, a Nkey employee means an employee of the tribe or a

tribal gaming licensee:

(a) Who performs one or more of the following functions:

(1) Bingo Caller;

(2) Counting room supervisor;

(3) Chief of security;

(4) Custodian of gaming supplies or cash;

(5) Floor manager;

(6) Pitboss;

(7) Dealer;

(8) Croupier;

(9) Approver of credit; or

(10) Custodi~n of gambling devices including persons with access to

cash and accounting records within such devices:

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

conipensation is in excess of $50,000 per year, or

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

persons in the gaming operation.

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(4)_For purpose of this Title, a TMprimary management officialw, means an employee of the

tribe or a tribal gaming licensee who performs the following functions:

(a) The person having management responsibility for a management

contract;

(b) Any person who has authority

(1) To hire and fire employees; or

(2) to set up working policy for the gaming operation; or

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

management responsibility

(5) All licensed primary management officials, key employees, and permitted employees

shall wear identification badges. Security personnel may be exempted from this requirement.

§ 15-1-15 Application Process for Gaming Licenses: Background Investigations

(1) The Commission shall require all applicants for gaming licenses (entities proposing to

enter into gaming management contracts and primary management officials and key

employees) to pay a non~refundable application fee of $2,000 and to complete an application

form containing sufficient information to allow a background investigation of the applicant in

conformance with requrments of federal regulations and any applicable tribal-state compact.

If the Commission determines that investigative costs shall exceed such fee, the Commission

shall notify the applicant in writing of the estimated costs to be incurred by the Commission

in performing or causing:to be performed a background investigation, and the applicant must

pay such estimated costs to the Commission prior to the Commission processing the

application.

(2) The Commission shall ensure that background investigations are conducted on all

applicants for tribal gaming licenses and permits and that continuing oversight of primary

management officials and key employees is conducted. The Commission shall notify the

Tribal Chief and the National Indian Gaming Commission of the results of background

checks on any applicants prior to issuance of any tribal gaming license, and shall provide

other notifications or reports as may be required by any applicable tribal-state compact. All

criminal history checks shall be conducted pursuant to the rules and regulations of the

National Indian Gaming Commisson and shall include a check through the Federal Bureau of

Investigation, National Criminal Information Center.

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(3) All fingerprints for licensing or work permits shall be taken on fingerprint cards

approved or supplied by~ the National Indian Gaming Commission and the Choctaw

Department of Law Enfàrcement shall take said fingerprints. All fingerprint cards shall be

processed through the National Indian Gaming Commission by procedures as may from time

to time be established by the National Indian Gaming Commission.

* 15-1-16 Application for Work Permit: Procedure

(1) An applicant for a gaming work permit shall furnish their fingerprints in duplicate on

fingerprint impression cards and a current photograph in duplicate to the Commission. The

photographs must be satisfactory to the Commission and must, have been taken not earlier

than three (3) months before the date of filing the application. The applicant shall also sign a

written statement certifying that the applicant is not automatically disqualified for a work

permit in accordance with the standards set forth in Section 15-1-17.

(2) An applicant for a work permit shall pay the application fee established by the

Commission, by regulation, which shall be sufficient to cover the costs of processing the

application.

(3) The Commission may either grant or deny the work permit based upon its

investigation and review: of the application.

* 15-1-17 Automatic Disqualification for License or Work Permit

The Commission shall deny or revoke gaming licenses or work permits to persons or

entities whose prior activities, criminal record, or records, habits and associations pose a

threat to the public interCst or to the effective regulation of gaming or create or enhance the

dangers of unsuitable, unfair or illegal practices and activities in connection with gaming

activities. All gaming licenses and work permits shall be reviewed and, if appropriate,

renewed on an annual basis, with prompt notification to the National Indian Gaming

Commission of renewals of licensesand other notifications as may be required by an

applicable tribal-state compact. Without limiting the foregoing, the Commission must

automaticafly deny or revoke gaming licenses or permits to persons:

(1) who have been convicted of a felony in any jurisdiction of any crime of moral

turpitude;

(2) who have been convicted of a violation or conspiracy to violate the provisions

of this Title or the Indian Gaining Regulatory Act or other federal laws relating to

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involvement in gaming without required licenses or willful evasion of gaming fees or

taxes;

(3) having a notorious or unsavory reputation or association with such individuals

which adversely affect public confidence and trust in gaming;

(4) whose lic nse or work permit would violate conifict of interest rules in

Section 15-1-4 hereof;

(5) who are individual applicants under the age of 21.

* 15-1-18 Authority to Adopt. Amend. Repeal Regulations

The Commission shall, from time to time, adopt, amend or repeal such regulations

consistent with this TitIe~ and Ordinance 16-V as it may deem necessary or desirable, subject to review and approval by the Tribal Council.

* 15-1-19 Indemnity

The Commission shall indemnify, where Commission funds are available, any past,

present, or future Commissioner for actual losses, expenses, costs of defense, or liabilities

incurred in connection with any claim or suit brought against the Commissioner for alleged

negligence or wrongful conduct while providing service to the Commission; provided,

however, that no Commissioner shall be indemnified in connection with any claim or liability

arising out of the Commissioners own willful misconduct, bad faith or conduct outside the

scope of his authorized powers or duties set forth in this title, and provided further that this

indemnity shall be limited to the extent that insurance coverage does not adequately

indemnify or make the Commissioner whole.

* 15-1-20 Commission Staffing

(1) The Commission shall adhere to standardized tribal personnel and administrative

practices in regard to any staff recruitment, employment, reduction in force, promotion,

training and related empkyment actions to a publicly announced policy and practice of

extending preferential treatment to Indians living on or near the Choctaw Reservation. The

Commission is empowered to employ non-Indians when no qualified Indian living on or near

the Choctaw Reservation can be recruited, trained or upgraded to fill the given hiring need of

the Commission.

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(2) The Commission Shall hire a General Counsel and other persons as necessary for

purposes of consultation, investigations, or operational support of the Commission and shall

compensate such persons amounts within funding or budgets approved by the Tribal Council.

(3) The Commission may contract for the technical expertise of outside consultants in

carrying out its authorized functions; provided such contracting conforms to standard tribal

contracting administrative procedures.

§ 15-1-2 1 Amendments

Amendments to this Title may be proposed by the Commissioners in the form of a

revised ordinance, a copy of which must be served by mail to the Tribal Chief at least two

weeks in advance of the Tribal Council meeting at which it is to be introduced. An amended

ordinance thereafter adopted by the Tribal Council shall become effective upon passage.

§ 15-1-22 Complaints

Any gaming participant wishing to contest an action of a licensed gaming entity or

gaming official or employee must submit a complaint in writing to the Choctaw Gaming

Commission within 10 days of the contested action. The Commission shall respond in

writing within seven days. The Commission, by majority vote, may determine to hold

hearings, conduct an investigation, dismiss or affirm the complaint and order appropriate

remedial actions or decide to pursue civil or criminal penalties against the gaming entity or

gaming official or employee.

§ 15-1-23 Authority with Respect to Licenses: Enforcement Powers

(1) The Commission Shall exercise its continuing gaming oversight and shall issue, renew

or disapprove any application, or limit, suspend or revoke gaming licenses and work permits

on an annual basis. Any license or *ork permit granted under this Title is a revocable

privilege, and no licensee or permittee holds any vested right to such license.

(2) The Commission s authorized to carry out investigations of all prospective and

existing gaming licensees~ to initiate hearings and to conduct or cause to be conducted

announced or unannounced inspections of all gaming premises in order to ensure compliance

with tribal and federal la~ and applicable requirements of any tribal-state compact. All

licensees are obligated to~comply immediately to such Commission requests for information

and review of all licensee papers, books and records, or inspection of premises on an

announced or unannounced basis.

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(3) The Commission, may hold hearings, take testimony, receive evidence, and administer

oaths or affirmations to witnesses appearing before the Commission in accordance with

procedural rules to be adopted by the Commission.

(4) The Commission~, within three months from the effective date of this Title, shall

submit to the Tribal CoUncil through the Tribal Chief proposed regulations setting forth civil

fines, penalties, license or work permit suspensions or revocations that may be imposed by

the Commission against a licensee or other gaming employee for any violation of this

Title XV or regulations adopted pursuant to this Title. Without limiting the foregoing, such

regulations shall not restrict the Tribal Council or the Tribal Chief from exercising

contractual rights to terminate any gaming management contract or exercise other contractual

remedies due to default or breach of the management contract by the management contractor.

(5) The Commission shall, when its investigations of gaming indicate a violation of

federal or tribal laws or regulations, provide information of indicated violations to

appropriate law enforcement officials. It is hereby recognized that theft from gaming

establishments on Indian lands and thefts by officers or employees of such gaming

establishments are punishable by substantial fines and imprisonments pursuant to 25 U.S.C.

** 1167 and 1168, and that tribal operators and management contractors may be separately

fined up to $25,000 per violation of this Title or the Indian Gaming Regulatory Act by the

Chairman of the Nation~l Indian Gaming Commission.

§ 15-1-24 Jurisdiction

The Mississippi Band of Choctaw Indians courts shall have jurisdiction over all

violations of this Title and over all persons who are parties to a management contract entered

pursuant hereto, except where otherwise provided by federal statute or applicable tribal-state

compact, or where arbitration is provided for as an exclusive remedy by contract, and may

grant relief as is necessary and proper for the enforcement of this Title and of the provisions

of any management contract entered pursuant thereto, including but not limited to injunctive

relief against acts in violation thereof. Nothing, however, in this Title shall be construed to

authorize or require the criminal trial and punishment in tribal courts of non-Indians except

to the extent allowed by~ any applicable present or future Act of Congress or any applicable

federal court decisions.

§ 15-1-25 Designation of Tribal Agent under 25 CFR 519

Pursuant to 25 CFR 519, the Tribal Chief is hereby designated as the agent for service for

the Mississippi Band of Choctaw Indians of any official determination, order or notice of

violation of the National Indian Gaming Commission and the official address for such

notification shall be:

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STREET ADDRFS

The Officeof the Chief -.

Mississippi Band of Choctaw Indians

çrribal Administration Building)

Route 7, Box 21, Highway 16 West

Philadelphia, MS 39350

TELEPHONE

OffIce: (601) 656-5251

Fax: (601) 656-1992

POST OFFICE ADDRESS

The Office of the Chief

P.O. Box 6010

Choctaw Station

Philadelphia, MS 39350

This official designation of an agent and address shall remain in force and effect until

changed in writing with acknowledgement of receipt by the National Indian Gaming

Commission.

a 15-1-26 Future Amendments

Should any provision or definition of this Title be found to be incomplete or

in variance with applicable Federal or Tribal Law or with regulations promulgated by the

National Indian Gaining Commission, now in existence or as may be from time to time

amended, then the terms of this Title shall be deemed to be conformed to said laws or

regulations and the same shall be considered to be incorporated herein without further action

of the Tribal Council.
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CHAFFER 2- CLASS II GAMING

§ 15-2-1 Games of Chance

This part shall govern all Class II gaining activities on tribal lands within the tribes

jurisdiction as defined in the Indian Gaming Regulatory Act, Public Law 100-497, 102 Stat.

2467, including and as may be amended by any amendments to Public Law 100-497, and as

defined and interpreted by the National Indian Gaming Commission in regulations

promulgated pursuant to~Public Law 100-497:

Class II gaming means:

(1) Bingo or lotto whether or not electronic, computer, or other technologic aids are

used] when players:

(a) Play for prizes with cards bearing numbers or other designations;

(b) Cover numbers or designations when object, similarly numbered or

designated, are drawn or electronically determined; and

(C) Win the game by being the first person to cover a designated pattern on

such cards;

(2) If played in the same location as bingo or lotto, pull-tabs, punch boards, tip jars,

instant bingo, and other games similar to bingo;

(3) Non-banking card games that;

(a) State law explicitly authorizes, or does not explicitly prohibit and are played

legally anywhere in the state; and

(b) Players play in confoi~mity with state laws and regulations concerning hours,

periods of operation, and limitations on wagers and pot sizes:

§ 15-2-2 Commissions Powers and Duties for Class II

The Choctaw Gaming Commission will have the following powers and duties with

respect to Class II gaming on tribal trust lands:

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(1) to act in accordance with Sections 15-1-14 through 15-1-17 to issue, re-issue, or

decline to issue, suspend, or revoke Class II licenses and work permits to

management cont~actors, primary gaming entities, primary officials key employees,

and work perm tt es with a separate license required for each place or facility at

which Class H gaming is conducted;

(2) to conduct background investigations and continuing oversight of any or all of the

primary management officials, key employees and work permittees of the gaming

entity or contracthr, and to make known the results of those investigations to the

Tribal Chief and the National Indian Gaming Commission prior to the issuance of any

Class II license;

(3) to preclude employment by Class H gaming enterprises of any person meeting the

standards established in Section 15-1-17;

(4) to cause to be held annual audits of Class II gaming operations and to submit

those audits to the National Indian Gaining Commission, and to submit those audits,

with recommend~tions, to the Tribal Council through the Tribal Chief;

(5) to inspect Cla~s H gaming activities at any time with or without notice to the

entity holding the management contract or other licensee;

(6) to monitor compliance of the tribe and any management contractor and licensees

and permittees with provisions of any applicable management contract, Class H

regulations promulgated by the Commission, and any other applicable federal and

tribal laws;

(7) to collect or cause to be collected and paid to the National Indian Gaming

Commission fees levied on gross Class II gaming revenues pursuant to the Indian

Gaining RegulatOry Act; and

(8) to exercise such other powers and responsibilities as are delegated to it by the

Tribal Council.

* 15-2-3 Tribal Gaming~Only

The MissIs.~ippi Band of Choctaw Indians shall have sole proprietary interest in any

Class II gaming on designated tribal trust lands, and the Tribal Chief of the Mississippi Band

of Choctaw Indians may~ enter into a contract, subject to approval by the Tribal Council and

the Chairman of the National Indian Gaming Commission, with an entity, public or private,

to manage Class H operations. No person may hold, operate or conduct any Class H game

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or games on tribal trust lands except tribal Class U games conducted by the Mississippi Band

ofChoctaw Indians in accordance with the Provisions of this Title and the Indian Gaming

Regulatory Act.

* 15-2-4 Location

No Class U gaming shall take place within the jurisdiction of the Mississippi Band of

Choctaw Indians unless the location has been approved by the Tribal Council and licensed by

the Choctaw Gaming Commission.

* 15-2-5 Hours and Rules

The Choctaw Gaming Commission shall regulate compliance with ~he hours and rules

specified in regulations to be issued by the Commission for Class U gaming activities; but

~fl ~ ~g~g: hours to less than the specified time frame in any gaming

management contract. Each Class II gaming facility must conspicuously display notice of

hours and rules of play.

* 15-2-6 Minors Prohibited

Nooneundertheageof2l years maybepermitted on thepremises ofatribal Class

II gaming facility.

* 15-2-7 Class II Net Revenues

(1) Net revenues to the tribe from Class II operations shall be used to fund tribal

government operations or programs, to provide for the general welfare of the members of the

tribe, to promote economic development, to donate to charitable organizations, or to help

fund the operations of làcal government agencies, and shall be expended only in accordance

with budgets adopted by resolution of the Tribal Council.

(2) Class II revenues shall not be used to make per capita payments.

* 15-2-8 Audits

Tribal Class II operations shall be subject to special, outside annual audits, which the

Choctaw Gaming Commission shall cause to be held. In addition, all contracts or

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subcontracts for supplies, services, or concessions for a contract amount in excess of $25,000

ani~ually relating to Class II gaming shall be subject to audits which the Choctaw Gaming

Commission shall cause to be held. The Choctaw Gaming Commission shall present the

audit reports, with its own writteil findings and recommendations, to the Tribal Council at

least annually. Copies of all audits shall be forwarded to the National Indian Gaming

Commission by the Choctaw Gaming Commission.

§ 15-2-9 Environment: Public Health and Safety

The construction and maintenance of tribal Class II gaming facilities, and the

operation of the gaining, shall be conducted in a manner which adequately protects the

environment and the public health and safety and shall be subject to all applicable building,

fire and safety codes and regulations.

§ 15-2-10 Management Contract

(1) Tribal Class II gaming may be operated through a management contract with a private

or public entity which shall be adopted by the Tribal Council through resolution, conform

with the Indian Gaming Regulatory Act and any regulations of the National Indian Gaming

Commission, and shall also be approved by the Chairman of the National Indian Gaming

Commission, or current official of the Department of the Interior exercising the

Commissions authority under 25 U.S.C. * 2711.

(2) The Choctaw Gaming Commission shall require any proposed applicant for a Class II

management contract with the tribe to submit in duplicate the following information and any

additional infonnation as may be required by applicable laws or regulations:

(a) the name, address, and other additional pertinent background infonnation on

each person or entity (including individuals comprising such entity) having a direct

financial interest , or management responsibility for, such contract, and, in the case

of a corporation, those individuals who serve on the board of directors of such

corporation and each of its stockholders who hold (directly or indirectly) five (5)

percent or more of its issued and outstanding stock;

(b) a description of any previous experience that each person listed pursuant to

subparagraph (2)(a) has had with other gaining contracts with Indian tribes or with the

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

licensing or regulatory agency with which such person has had a contract relating to

gaining; and

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(c) a complete financial statement of each person listed pursuant to

subparagraph (2)(à).

The Choctaw Gamng Commission shall retain one set of such submitted information

and forward the other set~ of information to the National Indian Gaming Commission.

(3) Should the Choctaw Gaining Commission find that any Class II management

contractor primary management official, owner or key employee whose prior activities,

criminal record, if any, àr reputation, habits, and associations pose a threat to the public

interest, or the tribal interest, or to the effective regulation of gaming, or create or enhance

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

conduct of gaming, the Commission shall find such person not eligible for employment or

continued employment or, association with the management contractor, and shall notify the

holder of the management contract of such findings, a copy of said notification to be sent to

the Tribal Chief. Failure of the management contractor to disassociate and remove such

person within 72 hours of notification by the Commission from Class U gaming conducted

pursuant to this Title shall result in cancellation of the management contract and possible

prosecution.

(4) The Choctaw Gaming Commission shall consult with the Chairman of the National

Indian Gaming Commission or current official of the Department of Interior exercising the

Commissions authority under 25 U.S.C. § 2711 as to the scope and cost of the background

investigation to be conducted by the National Indian Gaming Commission as a precondition

to approval of a proposed management contract. In order to avoid duplicative efforts and

costs of background investigations, the Choctaw Gaming Commission may, in its discretion,

elect to use the results of~the background investigations conducted by the National Indian

Gaming Commission to satisfy the Choctaw Gaming Commissions duties to conduct

preliminary background investigations of entities proposing to enter into Class II management

contracts pursuant to Section 15-1-15 of this Code. However, the Choctaw Gaming

Commission shall retain the right and duty to update the initial investigations at least yearly.

The results of such updated annual investigations shall be forwarded to the National Indian

Gaming Commission.

§ 15-2-11. Violations

Notwithstanding anything to the contrary in Section 3-4-6 of the Tribal Code, any

person found in violation of any provisions of this Chapter, or any rule or regulation

authorized hereunder, shall be guilty of a Class A offense.

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CI~AP1ER 3- CLASS III (CASINO-TYPE) GAMING

* 15-3-1 Incorporation of Tribal-State Compact

The conduct of all Class UI gaming activities as defined in the Indian Gaming

Regulatory Act (NIGRAN) on tribal lands within the tribes jurisdiction shall be governed by a

tribal-state compact duly executed by authorized tribal and state officials or procedures

adopted by the United States Secretary of Interior or other authorized official in lieu of such

tribal-state compact in accordance with the IGRA. The provisions of such tribal-state

compact or any such procedures adopted in lieu thereof shall be incorporated hereby in the

Choctaw Tribal Code.

§ 15-3-2 Class UI Gaming

For purposes of this Title Class UI gaming means all forms of gaming that are not

class I gaining or Class II gaming, including but not limited to:

(1) Any house banking game, including but not limited to:

(a) Card games such as baccarat, chemin de fer, blackjack (21) and pal

gow (if played as house banking games);

(b) Casino games such as roulette, craps, and keno;

(2) Any slot machines as defined in 15 U.S.C. 1 171(n)(l) and

electronic or electromechanical facsimiles of any game of chance;

(3) Any sports betting and parimutuel wagering including but not limited to

wagering on horse racing, dog racing or jai alai; or

(4) Lotteries.

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