Henry Kostzuta, Chairman 

Apache Tribe of Oklahoma 

P.O. Box 1220 

Anadarko, Oklahoma 73005 

Dear Chairman Kostzuta: 

This letter responds to your request to review and approve the 

tribal gaming ordinance submitted on August 5, 1993, for the 

Apache Tribe of Oklahoma (the Tribe). This letter constitutes 

such approval under the Indian Gaming Regulatory Act (IGRA). 

Under the IGRA and the regulations of the National Indian Gaming 

 omm mission (NIGC), the chairman is directed to review ordinances 

with respect to the requirements of the IGRA and the implementing 

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

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

regulations. Provisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

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

approval does not constitute approval of specific games. 

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

gaming only on Indian lands as defined in the IGRA. 

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

Tribe is now required to conduct background investigations on its 

key employees and primary management officials. The NIGC expects 

to receive a completed application for each key employee and 

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

an investigative report on each background investigation before 

issuing a license to a key employee or primary management 

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

Thank you for submitting the ordinance of the Apache Tribe of 

Oklahoma for review and approval. The NIGC staff and I look 

forward to working with you and the ~ribe in implementing the 

IGRA. 

sincerely yours, 

Anthony J. Hope 

Anthony J. Hope 

Chairman 

cc: Jess Green, Esq. 

1850 M STREET. N.W.. SUITE 250 WASHINGTON. D.C. 20036 TEL.: 202-632-7003 FAX: 202-632-7066 
SEP 01 '93 01:15 PM Ns. ' 'he Games t405 247 20' Page 2 

I 

APACHE BUSINESS COMMmE APACHE BWINESS COMMmE 

HENRY KOSTNTA. Ch-rmen .. . GEORGE KOMARDCEY. Cammlnoo Mmbw 

MARTHA BANDERAS. Via-Chalrtnm . . ,. EMILY SAUPIlT, Canminra Member CAFQL WILDES, SscrelayTrwurer BOBBY 3AY. TriW Adminiswam 

TELEPHONE: 409247-61 re TELEPHONE: 465R47-WO3 

. _.^,I. .. 

RESOLUTION 

No. 9347-14-01 

Page 1 of 2 Pages 

A RESOLUTION TO ENACT THE GAMING ORDINANCE 

OF THE APACHE TRIBE OF OKLAHOMA 

.... .---. L. na.a-~--- s-d---ll.. -..-..--;--A wnrnt~ti, ihe Apache Triutj ui ucuaituiiia i6 ii iaualally IW~V~I~~LWU I IIUV 

organized uc~det tlis Constituti~n of :ha Apache Tiib? of Oklahoma, 

and i 

WHEREAS. the &ache General Council is the supreme governing body of the 

P,pache Tribs of Oklahoma, and I ', 

WHEREAS, the Apache General Council by Resolution No. GC-87-6-20-1, in 

accordance with Article V of the Constitution of the Apache Tribe of 

Oklahoma, affirms the authority of the Apache Business Committee 

to conduct and transact all matters and business on behalf of the . 

Apache Tribe of Oklahoma, and 

WHEREAS, the Apache Tribe of Oklahoma, in order to promote tribal economic 

development, self-sufficiency, and strong Tribal government has 

implemented gaming operations, and 

' WHEREAS, the +ache Tribe of Oklahoma authorizes gaming operations in 

accordance with Class II gaming as defined in the Indian Gaming 

Regulatory Actl P.1. 100-447, 25 U.S.C. g 502.3 (as published in 

the Federal Register at 57 FR 12382-12393, April 9, 1992) is 

hereby authorized; Class Ill gaming as defined in the Indian 

GE!!?~. !?epk?cy k?,. !?.L- .?@-Q44Zl-25-!J.SsC-- §..2?W <B)v.@!?d 

by regulations promulgated by the National lndian Qarning 

Commission, is authorized only to the extent allowed by such law 

and pursuant to an approved Tribal State Compact. 
Resolution No. 93-07-14-01 

Page 2 of 7 Pages 

NOW THEREFORE BE IT RESOLVED, that the Apache Business Committee in 

order to more effectively promote and regulate the Tribal Gaming 

activities hereby enacts the attached statutes as the Gaming 

Ordinance of the Apache Tribe of Oklahoma. 

CERTIFICATION 

The above resolution was adopted at a duly called Special Meeting of the 

Apache Buslness Committee of the Apache Tribe of Oklahoma, held in 

Anadarko, Oklahoma, on JULY 14, 1993 - , by a vote of 4 for, 

- 0 against, and 0 abstaining. 

C/~I!~~~,"Y 

-.' HNRY S UT 

Chairmd w 

Apache Tribe of Oklahoma 

ATTEST; 

wd4 

CAROL WILDES, ~ 

~eoretary/Treasurer 

Apache Trlbe of Oklahoma 
SEP 01 '93 01:16 PM Na She Games Page 3 

Resolution No. . 9347-1+01 

P=ge a nf -, Pegon 

NOW THEREFORE BE IT RESOLVED, that the Apache Business Committee in 

order to more effectively promote and regulate the Tribal Gaming 

activities hereby enacts the attached statutes as the Gaming 

Ordinance of the Apache Trlbe of Oklahoma. 

CERTIFICATION 

The above resoluti,on was adopted at a duly called Special Meeting of the 

Apache Business Committee of the Apache Tribe of Oklahoma, held in 

Anadarko. ~klahoma, on JULY 14, 1993 . , by avote of 4 for, - 

- 4 against, and, 0 abstaining. 

~hairmah w 

Apache Tribe of Oklahoma 

ATTEST: 

w? d 

CAROL WILDES, 

~ecretaryl~reasu.rei 

Apache Tribe Of ~klahoma 
AUG 05 '93 03:57 PH Na Sha Games 

GAMING ORDINANCE 

APACHE TRIBE of OKLAHOMA 

P.O. Box 1220 

I Auadarko, Oklahonla 73009 ! 
AUG 05 '93 03:57 PM H -Sha Games 

' GAMING ORDINANCE 

APACHE TRIBE of OKLAHOMA 

Section 1001. - purpose 

Wre Apache Tribe of Oklahoma (hereinafter "Tribe") hereby enncts this ordinance 

in order to set the teds for gaining operations on tribal lands. 

Class 11 gaming as defined in thc Indian Gaming Regulatory Act, P.L. 100-447,25 

U,S,C, g 2703 (7) (A) ("IOKA") and by the regulations promulgated by the National 

Indian Gaming Commission at 25 C.F.R. 5 502.3 (as published in the Federal Registcr at 

57 FR 12382-12393, April 9, 1992) is hereby authorized. Class II1 gaming as defined in 

the Indian Gaming Regulatory Act, P.L. 100-447,25 U.S.C. $2703 (8). and by regultttions 

promulgated by the National Jndian Gaming Cornnission, is authorized only to the extent 

allowed by such law and pursuant to an approved Tribal St~te Compact. 

Section 1003. - ownership of Gaming 

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

of any gaming operation authorized by this ordinance. 

Section 1005. - Use of Gaming Revenue 

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

to fund tribal, government opcrations and programs; provide for the general 

welfare of the Tribe and its menhers; promote tribal ewnomic developmcnt; 

donate to chhtnble organirauons: or help fund opcrations of local government 

agencies. , 

B. No pe< capita pymcne to tribal rnen~bers drall be made hm Gaming 

Revenue. 

APACHE TUIBR OJ O~OM,~ Page 1 
AUO 05 '93 03:57 PM N She Games 

GAMING ORDINANCE 

Section 1005, - Audil 

A. The Tribe shall cause to be conducted annudy an independent audit of 

gaming operations and shd submit the resulting audit reports to the National 

Inditul Gaming Conmlission. 

B. All ghing related contracts that result in the purch~se of supplies, 

services, or conccssions in excess of $25,000.00 mudy, except contracts for 

professio~iul legal and accourlting services, shall be specifically included within the S-:'-I:~ 6-1; i: !c "!!'I-; i i !1'1[si is tjt%~t-;,i:.~C'~: ii ~ii;-l~gtiirfi A iikfi-~~e fif t%~ ~t5~Lkjii. 

Section 1006, - Protection of tho E~lviro~~rrlent ad Public Health and Safcly 

All gaming fdlities shall bc consuucted, tuRinttlined and operated in a manner that 

aA~n~lat~l\t nrntwic thp ~nvirnnm~nt nnrl th~ n~thllr health nrld cnf~ty. ---s ,..-.--. " ..a- -...- "a,... -... .a. " ...- r..v--- -------- ---- 1 

Section 1007. - Licenses for Kcy Employees and Primary Management Officials 

l'he Tribe shall ensure that the policies iind proccdur~s set out in this Section are 

irnpler~lented with respect to key employees and primary management officials employed 

at any gaming cnterprisc operated on hdian lands: 

For the purposes of this scclion, thc following definitions apply: 

(a) A person who pcrforms one or more of the following 

functions: 

I (1) Bhgo caller; 

(2) Counting room supervisor 

(3) Chief of security; 

I (4) Custodian of gmling supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dcalcr; 

(8) Croupier; 

(9) Ayprover of credit; or 

(10) Custodian of gambling devices hclucling persons I 

with access to cash and accounting records within 

such devices; 

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

compens~tion is it1 excess of $50,000 per ycar; or 

APACHE TRIBE 3 OKLQIIUM4 Page 2 
AUG 05 '93 03:50 PM N -Sha Games 

GAMING ORDINA NCIZ 

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

~ persons in the gaming operation. 

(b) Any person who has authority: 

(1) To hire atid fire employees; or 

, (2) To set up working policy for the gaming opcmtion; l or 

(c) The chief financial officcr or other person who has fhiancial 

management responsibility. 

1. The following notice shall be placed 011 tllc application fonn for a 

key employee or n prinlary management official before that form is filled 

out by an applicant: 

@ compliance with the privacy Act of 1974, the following 

ii~fui.~~raiiuri is p~vvidui; Suiiciiaiiou ui iiic h~ionrlitiiun on chis 

fom~ is aut1lorize.d by 25 U.S.C. 2701 et seq. The purpose of the 

kques[ed information is to determine the eligibility of individuals to 

tic employed in a gaming operation. 'l'he information will be used 

dy National hidial Garnhig Cornnlissio~~ membcrs and staff who 

ilpe ncd for the inforn~ation in the of their official 

duties. The information my bc disclosd to appropriate Federal, 

Tribal, State, local, or fo~ign law ellforcement and regulatory 

agellcics when releva~~t to civil, critninal or ngul~tory investigations 

or prosecutions or when pursuatlt to a requirement by a tribe or Ihe 

National Indian Grtnring Commission in cotlllection with the hiring 

of fuing of an employee, the issuru~ce or mvoc;ltion of a gaming 

license, or investigations of activities while associated with a tribe 

or a gaming operation. Failure to consent to the disclosures 

indicated k~ III~S notice will result in a tribe's being unable to hire 

you in a primary nlanagetnctlt oficitrl or key employee position. ?P ,I;f,S~h~l3r0 C.F .s~.~.r C-n:nl @,.,...dh. Al..-lrr- fFFXT\ z.. -.-*.----.. . A .v -..Y.\rUU~C. VA JVUA UWAUI bJbbU4Ily L~UILI~I (3011) Ib VVIUllIUY. 

I-lowevcr, failure to supply a SSN may result in errors in processing 

Y~vI annl;co+;nn 

-rr--------. 

APACHE TRIRL 01 OKIAHOMA Page 3 
AUG 05 '93 03:50 PH ti -She Games 

CiAMINC ORDINANCE 

2. Existing key employees culd primary management officials shill1 bc 

notiliq in writing that lllcy shall either: 

(a) Coniplete a new ~pplication form that contains a Privucy 

Act notice; or 

(b) Sign a statenlent that contains the Privacy Act notice MQ 

I consent to the routine uses described in that tlotice. 

3, The following notice shall bet placed on the application form for a 

key enlbloyee or a prinwy oficial before that form is fillcd out by an 

applica$t : 

IA false statement on any part of your applictltion miy be grounds 

for not hiring you, or for firing you after you bcgin work. Also, , . n'l n n. .l. ... 1- #I 

yvu IIU~ LC: yullisilui LY IU~G UI ULI~~LSVIUIICI~~. [u.o. LVUO, U~IG 10, 

section 1001.) 

4. Thc Tribe shall notify in writing existing key employees and primary 

nwnttgement officials that they shall cithcr 

(a) Comple~c a new application fonn that contains notice I regarding false swtetnents; or 

1. Thc Tik shu!! rqliest !?oz ech prLmu~"; r?x~~gerr.e:!: v"fidJ xs.d 

from each key employee all of the following information: 

(ti) Full name, other names uscd (oral or written), social 

, security number(s), birth date, place of birth, citizenship, 

gender, all languages (spokcn or written); 

(b) Currently and for the prcvious 5 years: business and I employluent positions held, ownersliip interests in those 

bushesscs, business and residence addresses, md drivers 

license numbers; 

(c) Ihc nmas and current addresses of at last tlue-e personal 

; references, including one personal reference who was 

acquainted with the applicant during each period of 

i~sidcnce listed under pivagrtlph (1) (b) of this section; 

APACHE TRl)rli of OKIAHOAfA Page 4 
AUG 05 '93 D3:59 PH N -Sha Games 

(d) Current business and residence telephone numbers; 

(e) A description of any existing and previous business 

relntionships with Indian tribes, including ownership 

intercsl~ in those businesses; 

(f) A description of rury exisling and previous buslness I relationships with the gaming industry generally, including 

ownership interests in those businesses; 

() The II~I~E and address of any licensing or regulatory agency 

with which the person has filed an clpplication for a licensc 

or permit related to gaming, whether or not such license or 1 

, pennit was granted; 

(h) For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and addrcss of the 

court involved, and thc datc and dispositiotl if any; 

(i) For each nisdenleanor conviction or ongoing misdemnor 

I prosecution (excluding minor uafflc violations), within 10 

years of the date of the application, the name and addrcss of 

I thc court involved and the date and disposition; 

(I) For each crirlhal cllargc (excluding &or mc charges), 

whether or not there is a conviction, if such criminal charge 

is within 10 yetlrs of the date of tie applicatio~l and is not 

otherwise listed pursuan~ to paragraph (1) (h) or (1) (i) of 

I tlus section, tile criminal charge, the name and address of 

thc court involved and the dute and disposition; 

(kJ) The name and addrcss of any licensing or regulatory agency 

1 wih which the person has filed an application for an 

'I occupational license or permit, whether or not such license 

i or pennit was ganttxi; 

(I) A current photograph with notarized &davit as to date 

takcn and person depicted. 

(m) Any other information the liibe dee~i~s relevant; ~nd 

(n) Fingerprints consistenl with procedures adopted by the 

( Tribe according to 25 C1.R. $522.2 (h). 

Page 5 

..- - . - 
AUG 05 '93 03:59 PH Na 9ha Games 

GAMING ORDIh'ANCK 

2. The Tribe shall corlduct an investigation sufficient to make a 

determination under subsection D. below. In conducting a background 

investigation, the Tribe or its agent shall promise to keep mnfidential the 

idcfiiiiji of zach pcrson :Intcr;.icwed i: :hc course cf t!!~ !n\:ts!igation. 

D. Determination 

The Tribe shall rcview a person's prior uctivities, crltllinal record, if any,, 

and reputation, habits and associations to mke a finding concerning the 

eligibility of a key enlployee or prirnary numagenlent official for 

enlployment in u gaming operation. If the Tribe detcrmitlcs that 

employment of the person poses a threat to the public interest or to the 

effectiv'e regulation of gaming, or creates or enhances dangcrs of 

unsuitable, unfair, or illcgnl practices and methods and activities in the 

conduct of guming, u Tribal gaming opcradon shall not enlploy that person 

in a key employee or prullary management official position. 

E. Fo 

gnd Primm Mann~eme . . nr officials to 11 . . 

1. When ii key en~ployee or primwy management official begins work 

at a gaming operation authorized by this ordinance, the Tribe shall forward 

to the National Indian Gaming Co~nmLsrion a completed application for 

employn~ent and corlduct the buckground investigation and make the 

determination referred to in subsectio~l D. of this section. 

2. l'he Tribe shall forward the report referred 10 in subseclion F. of 

this section to the Natio~~al Indian G,amh~g Commission within 60 days 

after an employee begins work or within 60 days of thc approval of this 

ordinanbe by the Chnirman of the Notionill Indian Gaming Commission. 

3. ?'he gmring operation shall not employ as n key employee or 

pri~naly, Inanagemall official a perscln who does not have a license after 90 

days. ~ 

F. ReDoniona1 Indian Gaminv CornmiI 

1. Pursuant to the procedures set out in subsection E. of this section, 

the Tribe shall prepare and forward to the National Indian Owning 

Commission an investigative repon on each background investigation. An 

investigative report shall include all of the following: 

(a) Stcps taken in conductir~g a background investigation; 

(b) Results obtained; 

I APACHE TRIBP oj OKIAHOMA Page 6 

- 
AUO 03 '93 04:80 PM N '-Sha Games 

1 GAMING ORDINANCE 

#() Conclusions reached; and 

(d) The bases for those conclusions. 

2. The Tribe shall submit, with thc rcport, a copy of the eligibility 

detennination made undcr subsectioli D of this section. 

3. Jf a license is not issued to an applicant, the Tribe: 

(a) Shall notify he National Indian Gaming Commission; and 

(b) May forward copies of its eligibility determination and I 

I investigative report (if any) to the National lndian Gaming I Commission for i~lclusion in the Indian Gaming individuals 

Records System. 

4. Wit11 respect to key employees and primary management officials, 

the Tribe shdl ret'lin applications for ernployrllent and reports (if any) of 

background investigations for inspection by the Chairman of the National 

Indim ~atllin~ Comtllissiorl or his or her designee for no less than three (3) 

yeas frdm the date of ternlinatiorl of employment. 

If, within a thirty (30) day period after the Natio~lal Indim Gaming 

Commission rcccivcs a rcport, the National Indian Gming 

Conmission notifies the tribe that it has no objection to thc 

issurmce of a liccnsc pursuant to a license applictrtion fled by a key 

employee or a primi management official for whorn the tribe has 

provided an clpplictition arid investigative rcport to the National 

Indian Gming Commission, the Tribc may issue a license to such 

applicant. 

2. The Tribe shdl respond to a request for additional inforn~ation from 

de Chairman of the Nation~l Indim Gaming Commission 

concerning a key ejnployee or a primary nliinugetnent official who is 

the subject of a repon. Such a request shdl suspend the 30dtiy 

period under paragraph G. 1. of this section until the Chitinnan of 

the Natior~al Indian Gaming Comtllission receives the additional 

information. 

3. If,' within the thirly (30) day period described above, the National 

h~dian Gaming Con~n~ission provides the Trik with B statemeot 

itt$nizin(: objections to the issurlcc of it license to a key et~~ployec 

or; to ti primary munngernent oficiirl for whom the 7th has 

+AC~ TXISE a/ 0h'I.AllOAi~ Page 7 
AUG 05 '93 04:00 PH N '-Sha Games 

1 

'provided an epplication and investigative report to the National 

:Indian Giuni~lg Con~mission, the Tribe shall reconsider the 

application, laking illto account the objections itemized by the 

National Indian Ganing Commission. The Ttibe shall make the 

!hd decision to issue (i licensc to sucli applicent. 

H. License mgmsi~~~ 

1. if, after the issuance of a gaming liccnse, the nibe receives from 

the Nalional Indirui Gallling Comnlission reliable information 

indicating that a key employee or a prbnay managelnent official is 

nor eligible for elnployment undcr subsection D. above. the Tribe 

shall suspend such license and shall notify in writing the licensee of 

the suspension and the proposcd revocation. 

2. +he Tribe shall notify the licensee of a time and n place for a 

hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to wvokc or to 

kinstare a gmhg license. The Tribe shall notify the National 

Indm Gaming Commission of its clecision. 

The Trib shall issue u separute license to each place, facility, or location 

on lndialn lands where gruning is conduclcd under this ordinance. 

All prior ganuni ng ordinances of tlie Tribe are hcrcby repealed. 

Scction 1008. - can(1ig Commissioner 

The office of Omling Commissioner of the Tribe is hereby created. Such officer 

shall take nn oath similar to that of elected officials and be sworn to service. 

Scclion 1009. - ~arnin~ Commissioner l'erin 

lie Gaming ~onln~issioner of ihc Tribe shd serve a ton of four yean fmm the 

date of oath of office. 

Section 1010. - Selection of Gaming Commissioner 

At any timc when a vacancy occurs in the office of Ganling Commissioner. the 

office shnll be filled by nonlination of the Ch.Jin~ian of the Apuche Development Autliority 

~ACIII~ Z'RIRE OJ OKUHO,+IA Page 8 
AUG 05 '93 04:Ol PM ti '-Sha Gsmes 

and confiation by the Directors oC the Apache Jkvelopmcnt Authority. The Chairman 

of tho Apache ~evelopmonl Authority shall put thc appointment upon thc agenda of any 

regular or specially called Apache Dcvelopnlent Authority nleethg and, at such meeting. 

norninute his sclcc~ion. Therettfter, thc body shd have thirty (30) days to confim the 

appointment. Should the Apache Development Authority fad to confirm thc nomination 

by the Chainnull of the Apache Developml~erlt Authority within the proscribed time period, 

the Chainnm shall nuke another nonlinatiou. This process shall continue until a 

nomination is coi~finned. Nothing herein shall quire that a Ganling Commissioner bc 

appointed. 

Sectlon 1011. - lnteim Gaming Co~nnWoner 

An Intcritn GFg Comnlissioner nuy be selected in the samc manner as the 

Gaming Commissione( anytime a vacancy in the office exists. No person shall serve as 

h~terinl Ganling Coinniissiona more than fXl days after the qualifications of office are met. 

Should it be derenlli~~ed that the Interim Gaming Conunissioner does not meet the 

qualifications of such &ice, upon sucll determination, the tern1 of office shall expire. 

Sectioll1012. - Canling Commissioner Henloval 

A Gaming Cornmissioner my be removed from office at anytime upon a vote of 

no confidence by four (4) Apache Development Authorily directors it] a regular or special 

meeting, I 

Section 1013. - ~an~ifi~ Commissioner Qualifications 

Prior to any no$nation of a Gaming Conlrnissioner for the Tribe by the Chairman, 

such person shall have passed tr. background investigation, ex~lilination and check of the 

same ~~ature as a key cmployec of a gan~~g entcrprisc pursuant to Section 1007. Nothing 

in this section shall prohibit a pcrson from serving as Interim Gaming Conmissioner 

pending the outcome of key eniployee review. A person may serve as Interim Gaming 

Cotnnlissioner only until buckground review is corllpleled. Thereafter, such person shall 

be nominated for Ouming Conunissioner witlun 30 days or his appointment shall 

terminate. Should an bterim Gmnitig Comn~issioner fuil to pus the background review. 

he shall be dee11Kd imtnedintely terminated. 

Section 1014. - ~arnin~ Commlsstoner Salary 

The Gaming Conimissioner or Interim Gaining conmissioner shall be paid a salary 

set by the Apache DeveTopment Authority, provided that the dy shall not be decreased 

while the Gaming Commissioner xinai11s in office. Nothing herein prevents decrease of 

Interim Oamitig Comniissioner salary or requires that rur Interim Ganling Codsdoner be 

paid my salary. 

Page I) 
AUG 05 '93 04:02 PH H '-She Games 

I GAMlNG ORDINANCE 

Section 1015. - ~bsence of a Gaming Con~nrissioner 

In the absence of a Gruning Conuni ssioner or Interim Gaming Cornnlissioner, the 

Apache De,velopme~lt Authority of thc Tribe shall be responsible to perfornl such duties 

either by delegation to one or more of its members, one or mom of its employees, andlor 

one or more of its irttorncys. 

Section 1016. - Dutics and Authority of Gaming Commissioncr 

The Oaming Comrnissioncr sllall be responsible to determine that provisions of the 

Gaming Code are followed and may exercise any proper power and authority necessary to 

perform the duties-assigned. Such Colnmissioner shdl be: Tesponsible to make rcgulalions 

which shall include bu't not bc linlrted to: 

A. Desigrl forms for background checks; and employcc applicatiolls; 

B. Design! and describe proccdures for conducting background checks; 

C. ~esi~ni anddescrik procedures to issue tribal licenses to primary 

management oficitils md key employees; 

D. IIesigui and describe procedures for resolving disputes betwccn the gaming 

public and the Tribe or the Ganling enterprise miinagement; 

E. Designate an agent for service of legal notices; 

F. Designate a law enforcement agency thtit will bike fingerprints; 

G. Design, und describe procedures for conducting criminill and credit histolies 

and checks; 

H. Design and describe proccdures to prevent theft and insure the integrity of 

the gdng enterprise; 

1. Design and describe proccdurcs for collection of License fccs, taxes, other 

fees and levies as the same relates to the gaming enterprise; 

I. ~u~ervise collection of all gaming enterprise rcccip~s and the papent of 

gaming enterprise obligation. 

Section 1017. - Regulatiokas 

Any regulations proniulgatecl by the Gatnhg Commissiorlcr shall have full force 

and effect from the date of issuance, providcd however, thc Apache Development 

Authority may by affitive action repeal, amend and/or enact such regulations. Any 

APACllb' TRIBE of OKLAHOMA Page 10 
AUG 05 '93 04:02 PH I '-She Games Page 13 

GAMING ORDINANCR 

regulation enacted by the Apache Develop~nent Authority shdl not be subject to 

amendment by the Ganlillg Cornmissioner. None~heless, the Conunissioner may withdraw, 

replace or amend any, regulation that hc has madc or any rcgulatio~~s which have bwn 

runended by the Apache Development Authority. 

Section 1018. - ~otice of Proposcd Rcgulalions 

A. In adopting, anlendlng or repealing any regulations under this code, the 

Guming Commissioner shall give n minimum of five (5) days norice of 

proposed regulations changes to all key employees, primary management 

officials, and the nielllbers of the Apache Business Committee. 

B. No notice is required for regulation changes made by the Apache 

Developnlent Authority 

C. Notice shdl be deen~ed made by regular posting to the address of all 

persons describe herein, by hand delivery from the Gming Commissioner 

or his designate, or by telephone coified facsimile. 

Section 1019. - ~utice ofRegulations 

A. A copy of all adopted regulations shall be maintained at the Tribal Office 

and @uning Enterprise, and posted to the National Indian Garuing 

Commission. 

B. Copies will be tlvailable to the public for copy costs of twenty five cents 

($.25) per page at either location. 

Section 1020. - Suspension of License or Kight to Participate ill Gaming 

The Ganling ~omrnissioncr shdl have the right to suspend any licensee, enlployee, 

or participant in Gatning for violation of any liibal Kegulations, Tribal Compact, Tribl 

Ordintmce, Fcdcral Regulations or Feder~l Law. Such suspension shall be for tl period of 

not more than nhcty (90) days for liccnsccs and not more than two (2) years for 

participants in Gaming. Prior to any such suspe~lsio~l the persoil reviewed shall: 

A. Be given notice of specific facts concerning the violation allegcd. Such 

allegation shall describe hl wriling the offense and give ten (10) days prior 

to .my hearing. 

B. Such notice of proceedings shall be acco~llplished by regulu mail to Lhe last 

known, ttddress and by publicly posting the smc within gaming enterprise, 

Servick by nuil is not nweswy if the Gaming Commissioner has no 

address for the person or entity. 

I APACtIK TRIBE 01 UKtAHOMA Page 11 
AUG 05 '93 84:03 PM N -Sha Games 

! GAMING ORDINANCE 

C. At the hearing, the Gaining Commissioner shall state the Gatnhg 

Cotm~dssioner's understanding of the facts and allow the person or entity 

subject to the hearing the opportunity to be heard and present evidence. 

D. At the hearing the subject shall show cause that specific facts dleged are 

inaccurate or that special condidons exist which should mitigate 

suspension. 

E. Following the hearing, the Gamit~g Conunissioncr shdl issue in writing an 

ordcr regarding the subject within seven (7) days, or the matter shd be 

deemed disnlissed. IF a suspension order is made, it shall state: 

(1) The specific violation of law or regulation of the subject, and 

(2) lhe suspension period imposd stating begiluling date and 

concluding date of suspension. 

F. ~otice ofOrder shall be acconlplished in the me manner as notice of 

proceedings. 

Section 1021, - Suspended Persons 

All persons orentities that are subject to a suspension order shall be excluded from 

the gm~ing enterprise! during such suspension. The Gaming Co~nmissioner shall have the 

authority to direct gbming enterprise security to enforce the enclusion of any person 

suspcnded under ternis of Section 1022. 

Section 1022. - ~nfdrmants 

The Gaming Con~rnissioner tnay refuse to reveal, a1 any court proceedings, the 

identity of my infonnknt. 

Section 1023. - Public Hearings 

The Gaming Comnlissioner shull hold public hearings not less tllm ant~udly to 

allow public comment about operation of the gaming cnterprise. The nialuiger of any 

gatning enterprise stiall attend sucli huarings and my be directed by the Gaming 

Commissions to respond to questions or explain operations at the Gaming 

Commissioner's discdiion. 

Section 1024. - ~ep'usitions 

The Gaming dommissioner shall have authority upon three (3) chys writlerr notice 

to depose any licensee, employee or gaming participant. 

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AUG 05 '93 04:03 PM , She Games 

I 

GAMING OUDlNANCE 

Scction 1025, - Submission of Ducumentir 

Any document', affidavit, retun) or report fee, instrument or payment required to 

be filed, delivered or served upon the Gaming Commissioner or 'liibe shall be deemed to 

be properly filed delivered or served if it is filcd dclivcted or served as the case may be 

upon the G~nixlg ~o~h~~issioner or the Chairman of the Apnchc Dcvclopmeot Authority at 

the Tribal Complex orbs the Gamitlg Cormilissioner may otherwise direct by regulation. 

Section 1026. - Deputy Gaming Commissioners 

The Gaming ~mnmlssioncr nxiy authorize in the wne fashion as a law 

enforcement officer the issuance of positions of Deputy Cotnmissioner on a teniporary, 

part time and/or full 'time basis. Any, person who is employed full Lime as a Deputy 

Gaming ~omnlissioner shall be required to nleet the same qualifications as the Gaming 

Conunissioner in accoirl with Section 1007. 

Section 1027. - ~nlnry of Deputy Comniislioners 

The salary of a Deputy Gaming Cotnrl~ssioners if any shall be subject to the 

budgeting process of the Apache Dcvelopmcnt Authority and shall be established by the 

Apache Busitless Conmitree. 

Section 1028. - Cross Revenues Tax 

A tax of five percent (5%) is assessed by the Tribe on the gross revenues of any 

enterprise that involvqs the active conduct of gaming within Tribal jurisdiction. Such tax 

itlciudes but is not limited to associated sales of souvenirs and concessions, Ihe manager 

of any gaming enterprise shall be rcsponsiblo to ussure payment is remitted daily to the 

Tribe from gross revenues of the enterprise for which such manager is responsible. Such 

rcmission to the llibeshall be directed to the Apsrchc Development Authority. 

Section 1029. - ~isp'utes with Management 

Any gaming enterprise participant or supplier mny file a grievance against 

management with the Gaming Commissioner. The Gaming Commissioner slid establish rr 

time for hearing, giv6 notice to dl parties, hold hearing(s) and rule upon the grievance. 

The ruling of the Gaming Co~missioncr may be appealed to the Tribal Court if any shall 

exist or to the Code of Fcdcral Regultltions Court of Indian Offenses for the Apache 

Tribe. This section shall in no way be construed as waiver of the Tribes sovereign 

immunity. I 

A. Nanlre Grievance 

Any participant who has bccn denied knefi~q of gaming by 

E'XI.~~~ 0-- cr ZF"??.~Y,~=X, *::he iijr;-;d on ;hc i;i~iriscs to kit fxJi cji 

I APACHE TU~UK oj OA'LAUOAIA Page 13 
AUG 05 '93 04:04 PM Na')-~he Games 

I GAMING ORDINANCE 

manager or munagenlent, or has any other claim for relief against 

mnagernent or any supplier who may have a claim for relief may have his 

grievance agninsr nlanagen~eilt heard by filing the same with the Ghng 

Commissioner in writing. If no Gaming Commissioner' or Interim Oaming 

Commissioner exists, thc smt slid be Eiled with the Chainntln of the 

~~achd Development Authority. The grievance shall describe the dale, 

time u$ event which gives rise to the grievance and be signed and verified 

by the aggrieved person and signed by any legal counsel he may have. 

The Gaming Commissioner shall set a date for hearing the 

grievance within ninety (90) days of thc filing of thc samc. 

The Gaming Commissioner shall give notice of such hearing 

together with a copy of the grievtlnce to the manager and management of 

the gi&ing enterprise uivolved hi tlie grievarice and give nodce of the 

hearing to the person fhig the grievance by ngular mail posted not less 

than tell (10) days in advance of the hearing. 

At hearing on my grievance, the person filing the same, tnanager 

and nicrnagement shd bc entitled to legd counsel. The person filing the 

grievance must be present for hearing of the sane and shall be responsible 

to p~-es+nt prima facie case for relief bcfore response by the rnanagcr is 

required. Ihe Gatning Commissioner shull be fke to question any person 

present, continue thc hearing from time to titile and cotiduct independent 

investigation of fac~s. Upon conclusion of l~earing the Gaming 

 omm missioner sllall have forty five (45) days to render a written opinion, 

In the absence 01 a written opiniori by tlie Gaming Conlmissioner within the 

time specified, the mattcr shall be denled dismissed. 

Section 1030. - Alternative to Hcaring Grievance 

The Gaming C6illmission~ shall at any time prior to decision of any grievance 

have the authority to suspcnd proceedings and direct arbitration or mediation of the 

grievance under such teps rts the Gaming Cotunissioner may direct. 

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I GAMING ORDINANCE 

Section 1031. - Effective Date 

This ordinanceshdl be effective on he datc of enactment by the Apache Business 

Committee of the Apache Tribe of Oklahoma. 

[History: Apache Business Committee, Relrulutiun Nu. 93007-14.01, July 14,1993j 

APACHE TRIUP of OWlOMA Page IS