OMMISSION 

AUG 2 5 1995 

Billy Evans Horse, chairman 

Kiowa Tribe of Oklahoma 

P.O. Box 369 

Carnegie, OK 73015 

Dear chairman Horse: 

This letter responds to your request to review and approve 

the tribal gaming ordinance and Gaming Facility Bonding 

Ordinance, Resolution No. CY-95-39 and CY-95-40, respectively, 

adopted on June 26, 1995, by the Kiowa Tribe of Oklahoma (Tribe). 

This letter constitutes approval of Resolution No. CY-95-39 under 

the Indian Gaming Regulatory Act (IGRA). The Tribe's ~aming 

Facility Bonding Ordinance, Resolution No. CY-95-40, is not 

subject to our approval. 

Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. Provisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

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

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

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

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. 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 Kiowa Tribe of 

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

forward to working with you and the Tribe in implementing the 

IGRA. 

sincerely yours, 

A&* Ha o d A. o teau / 

chairman 

1850 M STREET. N.W.. SUITE 250 WASHINGTON. 0 C 20036 TEL: 202-632.7003 FAX. 202.632.7066 
POSTAL BOX 369 CARNEGIE. OKLAHOMA 7301 5 4051654-2300 

RESOLUTION NO. CY-~S-~~ 

A RESOLUTION TO APPROVE AND ADOPT THE KIOWA TRIBE OF OKLAHOMA 

GAMING ORDINANCE OF 1995 AND REPEAL PRIOR GAMING ORDINANCES 

WHEREAS, the Kiowa Indian Tribe of Oklahoma is federally recognized 

by the Secretary of the Department of Interior, as evj.dence~:l hy an 

approved Constitution and Bylaws adapted and ratified on May 23, 

1970; and 

WHEREAS, pursuant t.o Article V, Section 2 of the Constitution the 

Kiowa Business Committee is delegated with the responsiblility of 

taking all necessary action to (i) pron~ulgate and enforce 

ordinances and codes ,governing law and order to protect the peace, 

health, safety and general welfare of the Tribe and its members, 

and (ii) develop, negotiate and approve aconomic, industrial and 

conunercial enterprised on Tr ihal Land; and 

WHEREAS, in furtherance of the foregoing the Kiowa Business 

Committee is responsible for providing for the maintenance of 

property owned by the Tribe and serving as custodian and manager of 

the Tribal owned land located within the jurisdict.ion of the Tribe; 

and 

WHEREAS, the Indian Gaming Regulatory Act and the National Indian 

Gaming Commission require the Tribe to develop an ordinance for 

Class TI and Class I11 Gaming as deEined in the Act and in the 

Federal Register; and 

WHEREAS, the Kiowa Business Committee and counsel retained by the 

Committee have drafted, reviewed a proposed gaming ordinance and 

have compared and cross-referenced the same with the Model 

Ordinance proposed by the National Indian Gaming Comnission; and 

NOW THEREFORE BE IT RESOLVED, that tht? Kiowa Busir~ess Corrlmi t tee 

approves and adopts the Kiowa Indian Tribe of Oklahoma Gaming 

Ordinance of 1945; 

BE IT FURTHER RESOLVED, that the Kiowa Business Committee brill 

immediately implement the ordinance and directs the Chairman or his 

designee to submit the ordinance to the National Indian Gaming 

Commission for approval. 

BE IT FINALLY RESOLVED, that the Kiowa Business Committee hereby, 

t.o the extent they are inconsistent with the Gaming Ordinanc.:~ of 

1995, repeals a1 1 prior gaming ordir~ai-~ces. 
CERTIFICATION 

The forgoing resolution was adopted in an official meeting of the 

Kiowa Business Committee on .June 26, 1995 in Carnegie, Oklahoma 

with a majority vote of -,1- for -I-- against and .-0- abstentions and 

-. 1 absent, with a full quorum present. 

ATTEST : 

Fl o>d Nickel 1 

(Acting) Secretary 

WITNESS: 

Billy Evans Horse, Chairman 
THE KIOWA INDIAN TRIBE 

OF OKLAHOMA 

GAMING ORDINANCE OF 1995 
TABLE OF CONTENTS 

Article I . Introduction .............................................. 1 

Section 1.1. Declaration of Policy ................................... 1 

Section 1.2. Scope ............................................. 1 

Section 1.3. General Prohibition . Exceptions ............................. 1 

Section 1.4. Definitions .......................................... 2 

Article I1 . General Provisions .......................................... 9 

Section 2.1. GamingAuthorized ..................................... 9 

Section 2.2. Class I1 Licensing ..................................... 9 

Section 2.3. Class 111 Licensing ..................................... 10 

Section 2.4. Interest and Responsibility ................................ 10 

Section 2.5. Matters Relating to Hiring of Employees ....................... 10 

Section 2.6. Audit Provisions ...................................... 11 

Section 2.7. Environmental Protection ................................. 12 

Section 2.8. Allowable Charges and Hours of Operation ...................... 12 

Section 2.9. Public Notice of Prices, Charges and Rules ...................... 13 

Section 2.10. Intoxicating Beverage Prohibited ............................ 13 

Section 2.11. Age Restrictions ...................................... 13 

Section 2.12. Discrimination Prohibited ................................. 13 

Section 2.13. Indian Preference Required ................................ 13 

Section 2.14. Civil Penalties ........................................ 13 

Section 2.15. Criminal Penalties ..................................... 14 

Section 2.16. Requirements to Receive a Prize ............................. 14 

Article 111 . Tribal Gaming Commission ..................................... 14 

Section 3.1. Tribal Gaming Commission ................................ 14 

Section 3.2. Conflict of Interest ..................................... 15 

Section 3.3. Voting ............................................ 15 

Section 3.4. Appointment of Members ................................. 15 

Section 3.5. Appointment of Officers .................................. 15 

Section 3.6. Authority and Responsibility of Tribal Gaming Commission ............ 16 

Section 3.7. Reports ............................................ 19 

Section 3.8. Staffing of Tribal Gaming Commission ......................... 20 

Section 3.9. Access to Information ................................... 20 

Section 3.10. Assessment of Fees ..................................... 21 

Section 3.11. Judicial Review ....................................... 21 

Section 3.12. Subpoena and Deposition Authority ........................... 23 

Section 3.13. Referrals for Prosecution ................................. 24 

Section 3.14. Authorization for Appropriations ............................ 24 

Article IV . Gaming License Requirements ................................... 25 

Section 4.1. Types of Licenses to be Issued .............................. 25 

Section 4.2. License Fees ......................................... 25 

Article V . License Application Procedure ................................... 26 

Section 5.1 . Application Forms ..................................... 26 

Section 5.2. Submissions with Applications .............................. 27 
Section 5.3. Notice Features ....................................... 30 

Section 5.4. Payment of Application Fee ............................... 31 

Section 5.5. Description on Application ................................ 32 

Section 5.6. Manner of Filing Instruments with Tribal Gaming Commission .......... 32 

Section 5.7. Issuance of Instruments by Tribal Gaming Commission ............... 32 

Article VI . Background Investigations ...................................... 32 

Section 6 . 1 . General ........................................ 32 

Section 6.2. Background Investigations ................................ 33 

Section 6.3. Eligibility Determination ................................. 35 

Section 6.4. Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the National Indian Gaming Commission . . 36 

Section 6.5. Report to the National Indian Gaming Commission ................. 36 

Article VII . Issuance Of Licenses; Renewal; Suspension ........................... 37 

Section 7.1. General ............................................ 37 

Section 7.2. Validity ............................................ 39 

Section 7.3. Assignrnent/Transfer/Display ............................... 39 

Section 7.4. No Class I11 Gaming License ............................... 39 

Section 7.5. License Suspension ..................................... 39 

Section 7.6. Renewals ............................................ 40 

Section 7.7. No Property Rights in Licenses .............................. 40 

Article VIII . TribalGarning ............................................. 40 

Section 8.1. Establishment of Tribal Operated Gaming Operation(s) ............... 41 

Section 8.2. Commencing Operations .................................. 41 

Section 8.3. Use of Net Revenue .................................... 41 

Section 8.4. Administration and Regulations by Tribal Subdivision ............... 42 

Section 8.5. Designation of the Gaming Manager .......................... 42 

Section 8.6. Powers and Miscellaneous Provisions .......................... 42 

Section 8.7. Duties of the Tribal Gaming Manager ......................... 45 

Section 8.8. Supplies and Equipment .................................. 45 

Section 8.9. Location of Gaming Sessions ............................... 45 

Section 8.10. Report of Winners ..................................... 46 

Section 8.1 1 . Report of Receipts and Disbursements ......................... 46 

Section 8.12. Verification of Report ................................... 46 

Section 8.13. Deposit of Monies ..................................... 46 

Section 8.14. No Tribal Liability ..................................... 47 

Section 8.15. Appropriations for Gaming Operation ......................... 47 

Section 8.16. Employee Grievances ................................... 47 

Article IX . Management Contracts ........................................ 47 

Section 9.1. Appointment of Contractor ................................ 47 

Section 9.2. Duties of a Management Contractor ........................... 50 

Section 9.3. Requirements for Management Contracts ........................ 50 

Section 9.4. Licensing Required ..................................... 51 

Article X . Nonprofit Gaming ........................................... 51 

Section 10.1. Licensing of Certain Nonprofit Organizations ..................... 51 

Section 10.2. Licensing Procedure .................................... 52 
Section 11.2. Statement of Gross Gaming Receipts and Net Revenues .............. 52 

Section 11.3. Falsification of Books and Records ........................... 52 

Section 1 1.4. Inspection of Tribal Gaming Commission ....................... 53 

Section 11.5. Insurance Policies ...................................... 53 

Article XI1 . Violations ................................................ 53 

Section 12.1. General ............................................ 53 

Section 12.2. Gaming License ....................................... 53 

Section 12.3. Falsifying Information ................................... 54 

Section 12.4. AgeLimit .......................................... 54 

Section 12.5. Cheating ........................................... 54 

Section 12.6. Possession of a Firearm .................................. 54 

Section 12.7. Violation of Any Provision, Rule, Regulation or Order ............... 54 

Section 12.8. InPriviv ........................................... 54 

Section 12.9. Compliance of Ordinance ................................. 54 

Section 12.10. Fraudulent Scheme or Technique ............................ 55 

Article XI11 . Civil Enforcement ........................................... 55 

Section 13.1. Action to be Taken ..................................... 55 

Section 13.2. Jurisdiction .......................................... 56 

Section 13.3. Notification ......................................... 56 

Section 13.4. Acknowledgment ...................................... 56 

Article XIV . Hearings And Appeals ........................................ 57 

Section 14.1. Petition for Payment of Penalty ............................. 57 

Section 14.2. Petition for Hearing and Reconsideration ....................... 57 

Section 14.3. Petition for Review ..................................... 57 

Article XV . Applicable Law ............................................ 57 

Section 15.1. Controversies Involving Contract ............................ 57 

Article XVI . Service .................................................. 58 

Section 16.1. Tribal Gaming Commission Service Agent ...................... 58 

Section 16.2. Management Service Agent ................................ 58 

Article XVII . Savings Provision ........................................... 58 

Section 17.1 . Invalidity ........................................... 58 

Article XVIII . Policies And Procedures For Resolution Of Disputes Between Manager And 

Customers ................................................ 58 

Section 18.1. Improper Conduct by Customers ............................. 58 

Section 18.2. Complaints by Customers ................................. 59 

Article XIX . Amendment Of Ordinance ...................................... 59 

Section 19.1. Amendment by Majority Vote .............................. 59 

Article XX . Effective DateIRepeal ......................................... 60 

Section 20.1 General ........................................ 60 
THE KIOWA INDIAN TRIBE 

OF OKLAHOMA 

GAMING ORDINANCE OF 1995 

An Ordinance to authorize, license and 

regulate Class 11 and Class I11 gaming on 

Tribal Lands of the Kiowa Indian Tribe of 

Oklahoma. 

Article I. Introduction 

Section 1.1. Declaration of Policy 

It is the declared policy of the Kiowa Indian Tribe of Oklahoma that: 

(1) All gaming conducted on Tribal Lands of the Tribe shall be regulated 

by the Kiowa Gaming Commission to protect the public health, welfare 

and morals of residence, employees and patrons from the adverse effects 

which may derive from unregulated gaming; 

(2) It is the objective of the Tribe to achieve and sustain the maximum 

Tribal revenue from gaming; and 

(3) The conduct of gaming activities provided for by this Ordinance on 

Tribal Lands shall conform with the Indian Gaming Regulatory Act, 102 

Stat. 2467, 25 U.S.C. § 2701 et seq., and the regulations promulgated 

by the National Indian Gaming Commission. 

Section 1.2. Scope 

This Ordinance shall apply to all Gaming conducted within the territorial 

jurisdiction of the Kiowa Indian Tribe of Oklahoma in which a prize is offered 

or awarded to any participant or in which a participant is required or requested 

to provide any legal consideration in order to participate, whether in person or 

by an agent. 

Section 1.3. General Prohibition - Exceptions 

No person shall conduct any game of Bingo or any other Class I1 Gaming or 

any Class I11 Gaming within Tribal Lands, for which a charge is made or other 
consideration requested or required for participation, or to the winner of which 

any Prize is awarded except as licensed pursuant to this Ordinance. 

Section 1.4. DeJnitions 

As used in this Ordinance, the following definitions shall apply: 

(1) "Act" means the Indian Gaming Regulatory Act, 102 Stat. 2467, 

codified 25 U.S.C. 8 2701 et seq., as amended from time to time. 

(2) "Bingon means a game of chance (whether or not electronic, computer, 

or other technologic aids are used in connection therewith): 

0) which is played for prizes, including monetary prizes, with 

cards bearing numbers or other designations; 

(ii) in which the holder of the card covers such numbers or 

designations when objects, similarly numbered or designated, 

are drawn or electronically determined; 

(iii) 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, punchboards, tip jars, instant bingo, and other 

games similar to bingo; and 

(iv) card games that - 

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

(b) are not explicitly prohibited by the laws of the State 

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) "Cheatingn means operating or playing in a game in a manner in 

violation of the written or commonly understood rules of the game, with 

the intent to create for himselflherself or someone in privity with 

himlher an advantage over and above the change of the game. 

(4) "Class I1 Gaming" means that gaming defined in 25 U.S.C. 

8 2703(7)(A) and 25 C.F.R. 8 502.3. 
(5) "Class I11 Gamingw means that gaming defined in 25 U.S.C. § 2703(8) 

and 25 C.F.R. 5 502.4. 

(6) "Concessions" means all soft drinks, food, novelty items, and gaming 

and bingo paraphernalia sold at the Gaming Facility. 

(7) "Council" means the Kiowa Indian Council as described in the 

Constitution of the Kiowa Indian Tribe of Oklahoma. 

(8) "Development Advances" means the funds provided or expended by a 

Management Contractor, from its independent funds or by loans from 

third party institutional lenders to a Management Contractor, as a 

portion or all of the Facilities Cost for a Gaming Facility and as initial 

start-up costs and operating reserves as may be required pursuant to the 

terms and provisions of a Management Contract, and to be reimbursed 

to a Management Contractor solely from Gaming Receipts in accordance 

with the terms of a Management Contract, without recourse against the 

Tribe or its officers, agencies or employees in the event the Gaming 

Receipts are insufficient to repay the Development Advances and/or 

interest thereon, in which even the Development Advances shall be 

deemed forgiven and no right of action shall exist in any Court as 

against the Tribe, its officers, agencies, other business enterprises, or 

employees for the reimbursement of the Development Advances, and a 

Management Contractor shall indemnify the Title in such respect. 

(9) "Equipment" means all gaming, office, concession, and maintenance 

equipment necessary to the operation of Class I1 Gaming or Class I11 

Gaming, as applicable, and of a Gaming Facility. 

(10) "Equipment Costs" as to any item of Equipment or period of time, 

means the cost at which Equipment may be acquired pursuant to 

competitive building. 

(1 1) "Facility Costsw means the actual and direct cost of acquiring a Gaming 

Site and the development, construction and establishment thereon of a 

Gaming Facility, including the Equipment Costs incurred in connection 

therewith. 

(12) "Gamingw means risking any money or other thing of value for gain, 

contingent, wholly or partially, upon lot, change, the operation of 

gaming apparatus, or the happening or outcome of an event over which 

the person taking the risk has no control. 
(13) "Gaming Facility" means a building or buildings used in the operation 

of Bingo Games, other Class I Gaming, or Class I11 Gaming, as 

applicable, including all appurtenances, access roads, parking lot, 

easements, outside lighting, water and sewer facilities, electrical 

facilities, heating and air conditioning equipment, fixtures, and any and 

all other improvements reasonable and necessary to a facility of similar 

operation and use. 

(14) "Gaming Operation" means each economic entity that is licensed under 

this ordinance, operates the games, receives the revenues, issues the 

prizes, and pays the expenses. A Gaming Operation may be operated 

by the Tribe directly or by a Management Contractor. 

(15) "Gaming Site" or "Site" means the tract or tracts of land upon which 

a Gaming Facility is located. 

(16) "Gross Gaming Receipts" means, as to any period, all monies 

(calculated on a cash basis) derived, produced, or created in any manner 

whatsoever related to or as a result of business done, sales made and 

services rendered at, in, about, or from a Gaming Facility by a 

Management Contractor and its affiliates, whether individuals, 

corporations, partnerships, limited liability companies, firms or other 

business entities recognized under the laws of the State and shall further 

include income to the Management Contractor produced or derived from 

the subleasing, subrenting, permitting, contracting, or other authorized 

use of a Gaming Facility at the fair annual rental value of each portion 

or part of the Gaming Facility subject to a sublease, subrental, permit, 

license, concession agreement, or other contract for use thereof; 

provided, however, that all sales made on credit shall be treated as 

"Gross Gaming Receipts" as of the date the sale is made. The term 

"Gross Gaming Receipts" however, shall not include: 

(i) sums collected and paid out for any sales or excise tax imposed 

by any duly constituted governmental taxing authority, where 

such sum is billed to the purchaser as a separate item; 

(ii) the exchange of merchandise between Gaming Facilities or 

storehouses maintained by a Management Contractor where 

such exchanges of goods or merchandise are made solely for 

the convenient operation of the business of the Management 

Contractor and not for the purpose of consummating a sale 

which has previously been made at, in, for, or upon a Gaming 

Facility; 
(iii) sales of fixtures and Equipment not in the regular course of 

business; or 

(iv) revenue from Concessions. 

(17) "In privity withn means one who acts jointly with another or as an 

accessory before the fact to an act committed by the other or as a 

co-conspirator with the other. 

(18) "Key employee" of a Gaming Operation means: 

(9 a person who performs one or more of the following functions: 

bingo caller; 

counting room supervisor; 

security personnel; 

custodian of gaming supplies or cash; 

floor manager; 

pit boss; 

dealer; 

croupier; 

approver of credit; or 

custodian of gambling devices including persons with 

access to cash and accounting records within such 

devices; 

(ii) if not otherwise included, any other person whose total cash 

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

(iii) if not otherwise included, the four most highly compensated 

persons in the gaming operation. 

(19) "Management Contract" means any contract, subcontract, or collateral 

agreement between the Tribe and an outside Management Contractor, 

not a regular employee of the Tribe, or between a Management 

Contractor and a subcontractor if such contract or agreement provides 

for the development and/or management of all or part of a Gaming 

Operation at a specified Gaming Facility. 

(20) "Management Contractorn means the Person (other than the Tribe) 

holding a Management Contract entered into pursuant to 25 U.S.C. 

5 2710(d)(9) or 5 271 1. 
(21) "National Gaming Chairman" means the Chairman of the National 

Indian Gaming Commission, or his or her designee. 

(22) "National Indian Gaming Commission" means the National Indian 

Gaming Commission or any successor authorized under the Act. 

(23) "Net Gaming Receipts" means Gross Gaming Receipts of a Gaming 

Operation less - 

(0 amounts paid out as, or paid for, Prize Costs; and 

(ii) total gaming-related Operating Expenses. 

(24) "Operating Expenses" means, for any period of time, all reasonable, 

necessary and customary costs, calculated on a cash basis, incurred in 

Gaming Operations at a Gaming Facility, including but not limited to: 

(9 reasonable payroll expenses; 

(ii) advertising; 

(iii) security; 

(iv) insurance; 

(v) applicable taxes; 

(vi) utilities; 

(vii) printing; and 

(viii) costs of goods sold. 

The term does not include: 

0) depreciation of the Gaming Facility and Gaming Equipment; 

(ii) amounts paid in amortization for reimbursement of 

Development Advances; 

(iii) management fees; 
(iv) payroll compensation to Primary Management Officials and 

Key Employees of a Management Contractor in excess of 

$50,000.00 per annum. 

(25) "Patron" means a person participating in a game with the hope of 

winning money or other benefit, but does not include a licensee, or any 

assignee of a licensee. 

(26) "Person" means any individual, firm, partnership, corporation, limited 

liability company, association or other business entity recognized under 

the laws of the State. 

(27) "Primary Management Official" means: 

0) the person having management responsibility for a 

Management Contract; 

(ii) each Person (including individuals comprising a business 

entity) having a direct financial interest in a Management 

Contract. In the case of a corporation, the term includes those 

Persons who serve on the board of directors of such 

corporation and every Person who owns directly or indirectly, 

either individually or by agent, including Relatives, any stock 

in a corporate Management Contractor or equity interest in any 

other legal entity which is a Management Contractor however 

those shares or interests be designated, or a person having 

sufficient voting power individually or by proxy to elect at 

least one member to the board of directors or other managing 

entity of a Management Contractor. The term also includes all 

other persons employed by a Management Contractor in any 

capacity, and Relatives of persons who are defined as Primary 

Management officials by the preceding text, having five 

percent (5%) or more equity ownership, either individually or 

by agent, including Relatives, in any other business entity hired 

by a Management Contractor or doing any business with a 

Management Contractor with respect to an agreement entered 

into by the Management Contractor in a gaming operation; 

(iii) any person who has authority: 

(a) to hire and fire employees; or 

(b) to set up working policy for a Gaming Operation; or 
(iv) the chief financial officer or other person who has financial 

management responsibility. 

"Prize Costs" means, as to any period of time, the total amount of all 

money and property (limited to the actual acquisition costs of property 

prizes) given away as prizes to bona fide participants of gaming 

conducted at a Gaming Facility. 

"Relative" means an individual related to a referenced natural Person as 

a father, mother, son, daughter, brother, sister, husband, wife, 

stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, 

half-brother, or half-sister. 

"Revenue" means Gross Gaming Receipts less: 

(i) Operating Expenses; 

(ii) Prize Costs; 

(iii) actual amortized payments made to reimburse Development 

Advances; and 

(iv) a percentage of the Equipment Costs appropriate for the period 

for which the Revenue is to be calculated. 

"State" means the State of Oklahoma and any of its agencies or 

instrumentalities. 

"Tribal Business Committee" means the Kiowa Business Committee as 

described in the Constitution of the Kiowa Indian Tribe of Oklahoma. 

"Tribal Court" means a court duly constituted under the Constitution of 

the Kiowa Indian Tribe of Oklahoma, or any court functioning under the 

federal laws of the United States of America; but shall exclude any court 

functioning under the laws of any state of the United States of America. 

"Tribal Gaming Chairman" means the Chairman of the Kiowa Tribal 

Gaming Commission. 

"Tribal Gaming Commission" means the Kiowa Tribal Gaming 

Commission created under Article I11 hereof. 

"Tribal Gaming Operation" means a Gaming Operation owned, operated 

and managed solely by the Tribe through its own employees. 
(37) "Tribal Lands" means any land within the boundaries of the former 

Kiowa, Comanche and KiowaJApache Indian Reservations as those 

boundaries and Jurisdiction existed prior to and after the Sixth Section 

of the Act of June 6, 1900, or all land over which the Tribe exercises 

governmental power and that is either held in trust by the United States 

for the benefit of the Tribe or individual members of the Tribe, or held 

by the Tribe or individual members of the Tribe subject to restrictions 

by the United States against alienation. 

(38) "Tribal Manager" means an individual Person hired by the Tribe as a 

regular employee of the Tribe with overall management responsibility 

for a Tribal Gaming Operation. 

(39) "Tribal Prosecutor" means any attorney regularly employed as an 

employee of the Tribe or other special counsel retained by the Tribe as 

a law enforcement official. 

(40) "Tribal-State Compact" means an agreement between the Tribe and the 

State of Oklahoma concerning Class I11 gaming negotiated pursuant to 

25 U.S.C. 8 2710(d). 

(41) "Tribal Treasurer" means the Tribal Treasurer as described in the 

Constitution of the Kiowa Indian Tribe of Oklahoma. 

(42) "Tribe" means the Kiowa Indian Tribe of Oklahoma. 

Article 11. General Provisions 

Section 2. I. Gaming Authorized 

Class I1 Gaming as defined at Section 2703(7)(A) of the Indian Gaming 

Regulatory Act and by the regulations promulgated by the National Indian 

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

at 57 FR 12382-12393, April 9, 1992) is hereby authorized in accordance with 

the provisions of this Ordinance. 

Section 2.2. Class II Licensing 

Class I1 Games as follows may be licensed for conduct on Tribal Lands: 

(0 Bingo as defined under the Act (whether or not electronic, 

computer, or other technologic aids are used in connection 

therewith) including, if played at the same location, pull-tabs, 
lotto, punch boards, tip jars, instant bingo, and other games 

similar to bingo); 

(ii) non-banking card games defined as Class I1 Gaming under 25 

C.F.R. $ 502.3(c); 

(iii) any game determined to be a Class I1 Gaming by amendment 

of the Act, by regulation, or by decision of the National Indian 

Gaming Commission or the federal courts. 

Section 2.3. Class 111 Licensing 

Class I11 Games as follows may be licensed for conduct on Tribal Lands: 

such games as may be provided for in a compact between the 

State of Oklahoma and the Tribe, or such procedures as 

prescribed by the Secretary of the Interior pursuant to the Act. 

Section 2.4. Interest and Responsibility 

The Tribe shall have the sole proprietary interest and responsibility for the 

conduct of any Gaming authorized by this Ordinance. If the Tribe, acting 

through the Tribal Business Committee, elects to allow individually owned 

Gaming Operations, it shall authorize such operations in accordance with the 

requirements set forth in 25 C.F.R. $8 522.10 and 522.1 1. 

Section 2.5. Matters Relating to Hiring of Employees 

(1) Eligibilitv Issues 

Tribal Managers and Management Contractors licensed to conduct 

Gaming pursuant to this Ordinance shall never allow any of the 

following persons to become an employee of such Tribal Manager or 

Manager Contractor, or otherwise receive any salary, remuneration, 

dividend, benefit, or recompense in any manner whatsoever, either 

directly or indirectly as a result of, or due to, the conduct of Gaming 

within the Tribal jurisdiction: 

0) any Person less than eighteen (18) years of age; 

(ii) any Person who has been convicted by any court of competent 

jurisdiction of a felony, a gaming offense, or other crime 

involving moral turpitude; 
(iii) any Person who holds an office of the Tribe or any member of 

the Tribal Business Committee or the Tribal Gaming 

Commission; or 

(iv) any Person who is a Relative of any person described in clause 

(iii) of this section. 

(2) Substance Abuse Testing 

Primary Management Officials, Key Employees, and all other general 

employees of a Gaming Operation shall be subject to regular, random 

and routine tests, for the abusive or illegal use of alcohol and drugs in 

accordance with specific ordinance or by regulations adopted by the 

Tribal Business Committee. 

Section 2.6. Audit Provisions 

(1) Im~lied Consent for Audits and Reviews 

Any Person which applies for or receives a license to conduct Gaming 

pursuant to this Ordinance shall be deemed to have consented to the 

audit and review of its records by authorized accounting or law 

enforcement agencies or officers of the Tribal Gaming Commission and 

the Commission without notice or warrant at any reasonable time, 

including spot checks or field audits of its operations during Gaming 

sessions in return for the privilege of conducting Gaming within the 

Tribal jurisdiction. 

(2) Annual Audits. 

Not less frequently than once each calendar year, a complete audit, 

which may be encompassed within the existing independent Tribal audit 

system, will be conducted by a certified public accountant designated by 

the Tribal Gaming Commission with respect to each Gaming Operation. 

The resulting audit reports shall be submitted promptly to the 

Commission. 

(3) Audit of Contracts 

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

in excess of $25,000.00 annually (except contracts for professional legal 

or accounting services) relating to a Gaming Operation shall be subject 

to such independent audits, and each such contract shall contain a clause 
whereby each party thereto agrees to cooperate and comply with said 

audit. 

(4) Costs of Audits 

The Tribal Gaming Commission shall levy upon each Gaming Operation 

a fee sufficient to pay for the expenses associated with the audit or 

audits provided for by this section. Such levy, upon being filed in the 

office of the Director of the Kiowa Tax Commission, shall be subject to 

collection in the same manner as money judgments entered by a Tribal 

Court. 

Section 2.7. Environmental Protection 

(1) General 

A Tribal Manager or Management Contractor shall construct, maintain 

and operate a Gaming Facility in a manner which adequately protects the 

environment and the public health and safety. 

The Tribal Gaming Commission shall have jurisdiction to make and 

enforce any regulations necessary to protect the environment and the 

public health and safety with regard to the construction, maintenance, 

and operation of a Gaming Facility. In doing so, it may request the 

assistance of the Tribal health department and all other interested tribal 

and federal agencies. 

(2) Environmental Audits 

Any Person, including a Management Contractor, submitting a Gaming 

Site for proposed Gaming Operations shall be required to provide the 

Tribal Gaming Commission an appropriate environmental report and 

assessment. 

Section 2.8. Allowable Charges and Hours of Operation 

The Tribal Gaming Commission shall from time to time and by appropriate 

regulation, duly adopted, establish (i) maximum charges which may be charged 

to Patrons for participation in Gaming subject to Tribal jurisdiction, and (ii) 

days and hours of operation for Gaming at Gaming Facilities. 
Section 2.9. Public Notice of Prices, Charges and Rules 

A list of Prizes to be given away by game, the charges for participation by 

game, and the rules of each game with appropriate examples, shall be 

prominently displayed at each Gaming Facility and within the room in which 

Games are to be conducted in such manner that the public shall have immediate 

and unrestricted access thereto. 

Section 2.10. Intoxicating Beverage Prohibited 

No Person shall sell, serve, give away, consume, furnish, or possess any beer, 

ale, wine, liquor, spirits, or any other beverage or product containing alcohol 

for ingestion by human beings or any substance listed in Section 812 of Title 

21 of the United States Code or added to the schedules contained therein as 

provided by federal law, at or near any Gaming Facility operated within the 

Tribal jurisdiction. Any Indian violating this section shall be guilty of an 

offense. Any non-Indian violating this section shall be expelled from the Indian 

Country subject to the jurisdiction of the Tribe, or held for the federal 

authorities. 

Section 2.11. Age Restrictions 

No Person under the age of eighteen (18) years shall be permitted to play 

Games. 

Section 2.12. Discrimination Prohibited 

No Person shall be discriminated against due to race, color, creed, sex, or 

national origin at any game of Bingo, or for employment by any Tribal 

Manager or Management Contractor. 

Section 2.13. Indian Preference Required 

Every Tribal Manager and Management Contractor shall give preference in 

hiring and employee retention practices to members of federally recognized 

Indian Tribes, pursuant to employment policies adopted by the Kiowa Business 

Committee by appropriate regulation. 

Section 2.14. Civil Penalties 

Any violations of this Ordinance are hereby declared to be a public nuisance. 

The Tribal Gaming Commission is authorized to bring a civil action in any 

Tribal Court against any Person violating the provisions of this Ordinance. 

Upon finding that a violation has occurred, the Tribal Court may impose a civil 
penalty as provided in Section 13.9 for each separate violation in addition to 

any or all actual damages, administrative costs, court costs, and the fees of 

counsel retained by the Tribal Gaming Commission to prosecute such offense. 

Each Game played at which a continuing violation occurs shall be deemed a 

separate violation. 

Section 2.15. Criminal Penalties 

Any Indian person violating the provisions of this Ordinance shall be guilty of 

an offense and shall upon conviction thereof be punished by the confinement for 

a period of not more than one year, and a fine of not more than Five Thousand 

Dollars ($5,000.00) or by both such fine or imprisonment for each separate 

violation, in addition to court costs and the fees of counsel retained by the 

Tribal Gaming Commission. 

Section 2.16. Requirements to Receive a Prize 

In addition to being the first player to properly cover a predetermined and 

publicly announced pattern of squares upon the card being used by him, a 

player, in order to qualify to receive a Prize, must furnish: 

(i) Acceptable proof of said winner's name, address, and social 

security number. Acceptable proof may be a driver's license, 

photo identification, or other identification. An oral statement 

or the winner's social security number may be acceptable when 

accompanied by two forms of identification, one of which is a 

photo identification. 

(ii) A signed receipt acknowledging acceptance and receipt of the 

prize awarded. 

Article 111. Tribal Gaming Commission 

Section 3.1. Tribal Gaming Commission Created 

There is hereby established a Tribal Gaming Commission which shall be called 

the Kiowa Tribal Gaming Commission. The Tribal Business Committee shall 

serve as the Tribal Gaming Commission. The Tribal Gaming Commission may 

meet and take official action only at the Kiowa Tribal Complex in Carnegie, 

Oklahoma upon due notice as required for meetings of the Tribal Business 

Committee under the Constitution. 
Section 3.2. Conflict of Interest 

No member of the Tribal Gaming Commission shall engage in any business 

which is subject to regulation by the provisions of this Ordinance. No member, 

during his term of office or for two (2) years thereafter, may consult with or 

in any manner be employed by or own, directly or through a Relative, nominee 

or trustee any interest in any business subject to regulation by this Ordinance. 

Section 3.3. Voting 

The Tribal Gaming Commission shall act by majority vote of a quorum present 

and each member of the Tribal Gaming Commission shall be entitled to one 

vote. 

Section 3.4. Appointment of Members 

Whenever a member of the Tribal Business Committee no longer serves on the 

Tribal Business Committee, hislher successors shall also serve as the successor 

on the Tribal Gaming Commission. 

Section 3.5. Appointment of Ofjicers 

The Chairman of the Tribal Business Committee will serve as the Chairman of 

the Tribal Gaming Commission. The Chairman shall be the official 

spokesperson for the Tribal Gaming Commission and may delegate this role 

only by written instrument. The Vice Chairman of the Tribal Business 

Committee will serve as the Vice Chairman of the Tribal Gaming Commission. 

In the absence of the Chairman, the Vice Chairman will serve as Chairman. 

The Tribal Gaming Commission may also elect such other officers as the 

Commission deems appropriate. The Tribal Gaming Commission may 

designate the Director of the Kiowa Tax Commission to serve as General 

Manager/Comptroller or designate such other Tribal employee or Commission 

member to serve in this capacity. The person chosen as General 

ManagerIComptroller will be responsible for the collection of all funds, i.e., 

application fees, license fees, fines, penalties and guaranteed monthly payments, 

due to the Tribe from any Gaming Operation on Tribal Lands in accordance to 

the relevant provisions of this Ordinance. Payroll, expenses, and disposition 

of all funds hereunder will be made by the Tribal Business Committee and shall 

require the co-signatures of the Committee's Chairman and Treasurer for 

disbursements. 
Section 3.6. Authority and Responsibility of Tribal Gaming Commission 

The Tribal Gaming Commission shall have the power, authority and 

responsibility to: 

0) approve or disapprove all documents necessary for the 

promotion of Gaming within the jurisdictional boundaries of 

Tribal Lands. 

(ii) issue and renew gaming licenses for the conduct of Class I1 

Gaming activity on Tribal Lands; 

(iii) issue and renew gaming licenses for the conduct of Class I11 

Gaming activity on Tribal Lands upon such terms and 

conditions which may be provided for in a Tribal-State 

Compact; 

(iv) enforce and administer the provisions of this Ordinance and 

any regulations promulgated by the Tribal Gaming 

Commission; 

(v) revoke, suspend or condition a gaming license or deny an 

application for a gaming license for violations of this 

Ordinance, the Act, regulations promulgated by the National 

Indian Gaming Commission and regulations promulgated by the 

Tribal Gaming Commission; 

(vi) promulgate regulations regarding Class I1 and Class I11 gaming 

on Tribal Lands; 

(vii) approve or disapprove the annual operating budget of a Tribal 

Manager or Management Contractor, including Equipment 

Costs for the replacement or necessary upgrading of 

Equipment, and approve budget modifications; 

(viii) submit an annual budget for the Tribal Gaming Comnission to 

the Council for approval; 

(ix) negotiate and approve Management Contracts and submit 

proposed Management Contracts for specific Gaming 

Operations to the Tribal Business Committee and to the 

National Indian Gaming Commission for approval; 
(xii) 

(xiii) 

(xiv) 

(xv) 

(xvi) 

(xvii) 

monitor all Gaming conducted on Tribal Lands and oversee the 

conduct of the management and employees of Gaming 

Operations on a continuing basis; 

inspect and examine all Gaming Sites and Gaming Facilities on 

Tribal Land at such times as the Tribal Gaming Commission 

or the Tribal Business Committee may deem proper to 

determine and verify compliance with this Ordinance and any 

Management Contract; 

conduct or cause to be conducted such background 

investigations as may be necessary and advisable or required 

by this Ordinance and the Act, and in particular conduct 

thorough checks of the background and suitability of Tribal 

Managers, Management Contractors, Primary Management 

Officials, and Key Employees; 

demand access to and inspect, examine, photocopy, and audit 

all papers, books, and records respecting Gross Gaming 

Receipts, Operating Expenses and Revenues and operations of 

Gaming Operations conducted on Tribal Lands and any other 

matters necessary to carry out the duties of the Tribal Gaming 

Commission pursuant to this Ordinance; 

use such Tribal buildings and other property in the 

performance of its duties as shall be approved by the Tribal 

Business Committee or the Tribal agency having jurisdiction or 

use of said buildings or other property; 

procure supplies, services, and property by contract in 

accordance with applicable Tribal laws and regulation; 

enter into contracts with Federal or other Tribal governments 

or their subdivisions and private entities for activities necessary 

to the discharge of the duties of the Tribal Gaming 

Commission, and, to the extent feasible, contract with the 

National Indian Gaming Commission for the responsibility to 

enforce the regulations of the National Indian Gaming 

Commission; 

hold such hearings, sit and act at such times and places, take 

such testimony, and receive such evidence as the Tribal 

Gaming Commission deems appropriate; 
(xviii) administer oaths or affirmations to witnesses appearing before 

the Tribal Gaming Commission; 

(xix) order the temporary or permanent closing of a Gaming 

Operation upon a violation of this Ordinance, any regulations 

promulgated hereunder, any Management Contract, the Act, or 

other applicable laws of the Tribe, with any such order for 

permanent closure being appealable upon the record directly to 

a Tribal Court of competent jurisdiction; 

(XX) by majority vote authorize the Chairman of the Tribal Gaming 

Commission to issue subpoenas, which subpoenas shall be of 

like effect as subpoenas issued by a Tribal Court; 

(xxi) promulgate such regulations and guidelines as it deems 

appropriate to implement the provisions of this Ordinance, and 

to provide for its own rules of procedure, provided that all 

such rules and regulations shall be filed with the Tribal 

Secretary and shall be public records open to inspection by any 

person during normal business hours; 

(xxii) conduct or cause to be conducted the annual audit of all 

Gaming Operations required by Section 2.2 of this Title, and 

to report the results of said audit to the Council and the 

National Indian Gaming Commission; 

(xxiii) to approve, issue, disapprove, suspend, cancel, or renew 

licenses as provided in this Ordinance. 

(xxiv) collect fees and assessment as provided for in of this 

Ordinance; 

(xxv) levy and collect civil penalties and fines as provided for in of 

this Ordinance; 

(xxvi) review, on demand, such books and records and inspect the 

Gaming Facilities and operations of applicants and licensees as 

it deems necessary or proper for the enforcement of this 

Ordinance; 

(xxvii) prepare such forms as it deems necessary to fulfill its duties, 

responsibilities and powers hereunder; 
(xxviii) institute such legal proceedings in Tribal Courts as it deems 

necessary for the enforcement of this Ordinance and 

regulations promulgated thereunder; 

(xxix) conduct hearings as provided in this Ordinance and regulations 

promulgated hereunder; 

(xxx) deposit all payments, fees, assessments, penalties, interest, and 

civil fines collected under authority of this Ordinance into 

accounts designated by the Tribal Gaming Commission to the 

credit of the Tribe; 

(xxxi) maintain a correct and full accounting of all payments, fees, 

penalties, interest, and civil fines received under authority of 

this Ordinance; and 

(xxxii) take such other actions and issue such orders as the Tribal 

Gaming Commission may deem necessary or proper to perform 

properly and fully its duties and responsibilities under this 

Ordinance. 

Section 3.7. Reports 

The Tribal Gaming Commission shall submit a report, including the views of 

individual members if submitted, to the Council once during the month of 

January each calendar year. The report shall include information concerning: 

(0 funding, including income and expenses, of the Tribal Gaming 

Commission; 

(ii) Net Revenue received by the Tribe from Gaming Operations; 

(iii) recommendations for amendments to this Ordinance; 

(iv) a summary of gaming licenses issued and denied by type 

during the preceding twelve (12) months; and 

(v) any other matter considered appropriate by the Tribal Gaming 

Commission. 
Section 3.8. Stafing of Tribal Gaming Commission 

(1) General Counsel 

The Tribal Gaming Chairman shall designate counsel to act as General 

Counsel to the Tribal Gaming Commission. 

(2) Other Staff 

The Tribal Gaming Commission may appoint and supervise other staff 

for the Tribal Gaming Commission without regard to the personnel 

policies of the Tribe, at such rates of pay as shall be reflected in the 

budget of the Tribal Gaming Commission as approved by the Council, 

provided that no Person may be appointed to the staff of the Tribal 

Gaming Commission who is a Relative of a member of the Tribal 

Gaming Commission, or a Tribal Manager, Management Contractor, 

Primary Management Official, or Key Employee. 

(3) Assignment of Other Personnel 

Upon the request of the Tribal Gaming Commission, the head of any 

Tribal agency or department is authorized to assign any of the personnel 

of such agency or department to the Tribal Gaming Commission on a 

temporary or split time basis to assist the Tribal Gaming Commission 

in carrying out its duties under this Ordinance, unless otherwise 

prohibited by law or contract. 

Section 3.9. Access to Informution 

(1) General Authorization 

The Tribal Gaming Commission may secure from any department or 

agency of the Tribal government, and from cooperating agencies or 

departments of the government of any Indian Tribe, any State, or the 

United States of America information necessary to enable it to carry out 

its functions hereunder. Upon request of the Tribal Gaming 

Commission, the head of any department or agency of the Tribe shall 

furnish such information to the Tribal Gaming Commission unless 

otherwise prohibited by law. 

(2) Distribution 

The Tribal Gaming Commission is authorized, upon request for law 

enforcement purposes or as required by law, to distribute to the National 
Indian Gaming Commission, and any agency of another federally 

recognized tribe or state having authority to regulate gaming or 

prosecute offenders for violations of the appropriate gaming laws within 

the jurisdiction of such tribe or state, such information as it may have 

available, unless otherwise prohibited by law. 

Section 3.10. Assessment of Fees 

(1) Authorization 

The Tribal Gaming Commission shall from time to time, promulgate 

regulations establishing a schedule of fees to be paid annually by each 

Tribal Manager or Management Contractor operating a Gaming Facility 

that is regulated by this Title, and shall review said schedule annually 

during its budget process. The rate of fees imposed under this Section 

shall be: 

(0 no less than 0.5 percent nor more than 2.5 percent of the first 

$1,000,000 of Gross Receipts, and 

(i i) no more than 5 percent of the Gross Receipts in excess of the 

first $1,000,000 of the Gross Receipts from each entity 

regulated by this Ordinance. 

(2) Non-Payment 

Failure to pay the appropriate fees required under any provision of this 

Ordinance shall, subject to the regulations of the Tribal Gaming 

Commission, be grounds for revocation or suspension of the license of 

the nonpaying Person. 

(3) Credit 

To the extent that fee revenue derived from license fees imposed under 

the schedule established by this Section is not expended or committed at 

the close of any fiscal year, such surplus funds shall be credited to each 

Person who paid fees during that year pro rata against such fees imposed 

for the succeeding year. 
Section 3.11. Judicial Review 

(1) Sco~e and Procedure 

The decisions of the Tribal Gaming Commission denying, suspending, 

or revoking a license, or ordering permanent closure of a Gaming 

Operation or Gaming, shall be subject to judicial review in a suit, in the 

Tribal Court only, naming the Tribal Gaming Commission as the sole 

defendant notwithstanding Tribal sovereign immunity. The Tribal Court 

may enter declaratory and injunctive relief only against the Tribal 

Gaming Commission and may not enter a money damage judgment of 

any nature, provided, that the limited waiver of immunity herein 

contained is conditioned upon the plaintiff in such action posting a bond 

with good and sufficient sureties in an amount not less than $20,000.00, 

to be increased by the Court for cause shown, for the payment of the 

attorney's fees and court costs incurred by the Tribal Gaming 

Commission which costs and fees shall be awarded by the Tribal Court 

as a part of any judgment or decree; and provided further, that no 

temporary restraining order may be issued under any circumstances and 

no preliminary injunction may be issued in favor of such plaintiff absent 

a clear showing upon hearing of testimony and other evidence that: 

(0 the plaintiff is likely to prevail upon the law and facts, and the 

evidence in favor of plaintiff is clear and convincing; 

(ii) that the public health, welfare, and safety will not be harmed 

by such temporary relief; 

(iii) that the balance of equity is strongly in favor of such plaintiff; 

(iv) the plaintiff will suffer irreparable harm absent such temporary 

relief other than simply loss of profits or fees; and 

(v) at least forty-eight (48) hours notice is given to the counsel 

appointed by the Tribal Gaming Commission. 

(2) Immunity 

The individual members of the Tribal Gaming Commission shall be 

absolutely immune from civil suit in all actions at law or in equity for 

any actions taken or statements made within the scope of their authority 

as members of the Tribal Gaming Commission, or in a good faith belief 

that their actions or statements were within the scope of their authority. 

The Kiowa Tribe of Oklahoma may defend and indemnify the individual 
members against any civil suit, even if the civil suit alleges actions 

outside the scope of authority; pr~vided~however, that if a fml 

judgment determines that actions were, in fact, outside the scope of 

authority, with no good faith belief that they were otherwise, then the 

costs of defense may be recovered from the members of the Tribe. 

Section 3.12. Subpoena and Deposition Authority 

(1) Authority 

The Tribal Gaming Commission shall have the power to require by 

subpoena the attendance and testimony of witnesses and the production 

of all books, papers, documents, and things relating to any matter under 

consideration or investigation. 

(2) Enforcement Power 

The attendance of witnesses and the production of books, papers, and 

documents, may be required from any place in the United States at any 

designated place of hearing. The Tribal Gaming Commission may 

request the National Indian Gaming Commission to bring appropriate 

action to enforce any subpoena under this Section. 

(3) Failure to Avvear or Comvly 

A Tribal Court, in case of contumacy or refusal to obey a subpoena for 

any reason, may issue an order requiring such person to appear before 

the Tribal Gaming Commission, and produce books, papers, documents, 

or things as so ordered, and give evidence concerning the matter in 

question, and any failure to obey such order of a Tribal Court may be 

punished by the Tribal Court as a contempt thereof. 

The Tribal Gaming Commission may order testimony to be taken by 

deposition in any proceeding or investigation pending before the Tribal 

Gaming Commission at any stage of such proceeding or investigation. 

Such depositions may be taken before any person designated by the 

Tribal Gaming Commission and having the power to administer oaths. 

Reasonable notice must first be given to the Tribal Gaming Commission 

in writing by the party or his attorney proposing to take such deposition, 

and, in cases in which the Tribal Gaming Commission proposes to take 

a deposition, reasonable notice must be given. The notice shall state the 

name of the witness and the time and place of the taking of his 
deposition. Any person may be compelled to appear and depose, and 

to produce books, papers, documents, or things in the same manner as 

witnesses may be compelled to appear and testify and produce like 

physical or documentary evidence before the Tribal Gaming Commission 

as hereinbefore provided. 

Every person deposing as herein provided shall be cautioned and shall 

be required to swear or affirm to testify to the whole truth, and shall be 

carefully examined. The person's testimony shall be reduced to writing 

where possible by the person taking the deposition, or under his 

direction, and shall, after it has been reduced to writing, be subscribed 

by the deponent in the same manner as depositions in civil cases. All 

depositions shall be promptly filed with the Tribal Gaming Commission. 

Where any current or proposed Tribal Manager, Management Contractor 

or licensee, or a Primary Management Employee, Key Employee, or 

other employee or Relative of a potential licensee or current licensee 

fails or refuses to comply with a subpoena issued pursuant to this 

Section, the Tribal Gaming Commission may presume that the testimony 

and evidence which would have been presented to the Tribal Gaming 

Commission would be adverse to the interests of the current or potential 

licensee in the matter under investigation. 

Section 3.13. Referrals for Prosecution 

The Tribal Gaming Commission shall, when information received during an 

investigation indicates a violation of Tribal, Federal, or State statutes, 

ordinances, or resolutions, provide such information to the appropriate law 

enforcement officials. The Tribal Gaming Commission may from time to time 

appoint counsel as a special Tribal Prosecutor for the purposes of investigating 

activities associated with gaming authorized by this Ordinance which may be a 

violation of Tribal law. 

Section 3.14. Authorization for Appropriations 

There are hereby authorized to be appropriated such sums as may be necessary 

for the operation of the Tribal Gaming Commission. 
Article W. Gaming License Requirements 

Section 4.1. Types of Licenses to be Issued 

(1) Third Party Management 

The Tribal Gaming Commission shall issue the following with respect 

to Gaming Operations operated by a Management Contractor under a 

Management Contract or by an individual Operator: I 

(0 Gaming Facility License 

(i i) Management Contractor's License 

(iii) Gaming Manager License 

(iv) Primary Management Official License 

(v) Key Employee License 

(vi) General Employee License 

(2) Tribal Management 

The Tribal Gaming Commission shall issue the following licenses with 

respect to Tribal Gaming Operations owned and operated directly by the 

Tribe: 

0) Gaming Facility License 

(i i) Gaming Manager License 

(iii) Key Employee License 

(iv) General Employee License 

Section 4.2. License Fees 

(1) Fees for Third Party O~erations 

For Gaming Operations to be conducted by a Management Contractor 

pursuant to a Management Agreement, the Management Contractor shall 

tender the following fees to the Tribal Gaming Commission at the time 

application is made for a license: 
0) Gaming Facility License 

(ii) Management Contractor's License 

(iii) Primary Management Official License 

(iv) Gaming Manager License 

(v) Key Employee License 

(vi) General Employee License 

(2) Fees for Facilities Operated bv Tribe 

License fees for Tribally owned and operated Gaming Facilities shall be: 

(0 Gaming Facility License 

(ii) Gaming Manager License 

(iii) Key Employee License 

(iv) General Employee License 

Article V. License Application Procedure 

Section 5.1. Application Forms 

(I) Each Person having a Management Contract, each Primary Management 

Official and each Key Employee shall complete an application for an 

initial license or renewal of an existing gaming license for each Gaming 

Operation on an application form prescribed by the Tribal Gaming 

Commission. The application shall set forth: 

(0 the name under which the applicant transacts or intends to 

transact business on Tribal Lands; 

(ii) the location of the Gaming Facility for which the gaming 

license is sought; and 

(iii) the application shall be signed by the applicant if a natural 

person, or, in the case of an association or partnership, by a 

member or partner thereof, or in the case of a limited liability 

company, by a manager thereof, or, in the case of a 

corporation, by an executive officer thereof. The applicant 

shall provide evidence of authority of the signatory or any 

other representative to act for and bind the applicant. If any 

change is made in that authority, the Tribal Gaming 

Commission shall be immediately informed in writing and, 

until that information is filed with the Tribal Gaming 

Commission, any action of the representative shall be 

presumed to be that of the applicant. 
Section 5.2. Submissions with Applications 

(1) Minimum Reauirements for Natural Persons 

All individuals to be licensed in any capacity shall submit at a minimum: 

(0 a complete personal resume, on a form to be developed by the 

Tribal Gaming Commission; 

(ii) a statement whether the applicant is a member, or a Relative 

of a member, of the governing body of the Tribe, any other 

constitutional or statutory agency or body of the Tribe, or an 

employee of the Tribe; 

(iii) whether the individual has been convicted of any felony, 

gaming offense, or offense involving moral turpitude; 

(iv) all prior experience or contact with Indian gaming enterprises 

in any capacity, and the gaming industry generally, including 

specifically, the name, address, and telephone number of any 

regulatory or licensing agency having jurisdiction over or 

records of such prior actions; 

(v) any previous contact the applicant has had with persons 

involved in organized crime; 

(vi) a complete financial statement showing assets, liabilities, net 

worth, all debts owed and including specifically any financial 

agreements made relative to the Gaming Operation with any 

person. 

(2) Minimum Reauirements for Business Entities 

Each business entity seeking to be licensed in any capacity shall submit 

the following minimum information with its license application: 

(0 a complete statement as to the form of the organization, 

including copies of its organizational and governing documents 

and the name, address, and telephone number of the 

governmental authority having copies of such records on file 

or responsible for oversight of the organization; 

(i i) a complete certified copy of the entity's minute book(s), 

records relating to ownership, governance, and management of 
(iii) 

(iv) 

(vi) 

(vii) 

(viii) 

(ix) 

the entity, and a complete list of all owners of equity interests 

in the entity or other interests convertible to equity interests; 

the entity's federal tax identification number; 

the address and telephone number of all places which it has or 

does conduct its business, and the name, address and telephone 

number of its service agent, if any; 

a statement as to whether any Primary Management Official or 

Key Employee of the business entity is a member, or Relative 

of a member, of the governing body of the Tribe, any other 

Constitutional or statutory agency or body of the Tribe, or a 

tribal employee; 

a statement as to whether the business entity, or any Primary 

Management Official or Key Employee of the organization, has 

been convicted of any felony, gaming offense, or offense 

involving moral turpitude; 

a statement setting forth all prior experience or contact of the 

business entity, its Primary Management Officials and Key 

Employees, with Indian gaming enterprises in any capacity, 

and the gaming industry generally, including specifically the 

name, address, and telephone number of any regulatory or 

licensing agency having jurisdiction over or records of such 

prior activities; 

a statement describing any previous contact that the business 

entity, its Primary Management Officials and Key Employees, 

have had with persons involved with organized crime; 

a complete statement as to prior arrests, convictions, and civil 

suits, whether as plaintiff or defendant, involving the business 

entity, its Primary Management Officials and Key Employees, 

including the name of the court, the style and number of the 

case, a description of the claims by each of the parties, and the 

outcome. Whenever possible, the final judgment, and any 

opinion if available, of the court should be attached to the 

application; 

a complete list of every other organization with which the 

business entity is affiliated, including without limitation, a 

parent, subsidiary, owner of equity interests sufficient to name 
one person to a managing entity, organizations with which the 

applicant has at least one common director, officer, Primary 

Management Official, or Key Employee even though the 

individual's status may not be the same in both organizations; 

and 

(xi) a description of the safeguards the organization has in place to 

prevent any person from becoming a Primary Management 

Officials or Key Employee of said organization without first 

obtaining a license from the Tribal Gaming Commission. 

(3) Additional Information Reauired of a Management Contractor 

The following additional information shall be submitted with an 

application for a Management Contractor license: 

(9 an organizational chart of the proposed management 

organization and job description of the employees of the 

proposed Gaming Operation. The chart shall identify which 

employees are or will be the Primary Management Officials 

and the Key Employees of the Gaming Operation; 

(ii) a statement describing all other prior and current management 

contracts the Management Contractor has providing for the 

operation of any Indian or non-Indian gaming location and if 

so: (a) description of the location of each such operation, and 

(b) the name, address and telephone number of the party with 

whom such contract was entered; 

(iii) a list of all jurisdictions in which the Management Contractor 

regularly conducts business or maintains an office or other 

place of business; and 

(iv) all other information required by 25 U.S.C. 5 271 1 and 25 

C.F.C. 5 537.1. 

(4) Gaming Facility License 

Applications for a Gaming Facility license must contain at a minimum: 

(0 a complete legal description of the Gaming Site, including 

evidence that the Gaming Site is within the territorial 

jurisdiction of the Tribe and qualifies as Indian Land; 
(ii) a complete and accurate description of the Gaming Facility, 

including where possible blueprints, drawings, floor plans 

including square footage, utility services, waste services, 

parking plans, and photographs (or renderings for a facility to 

be constructed); 

(iii) evidence that the proposed Gaming Facility complies with 

national building and fire codes; and 

(iv) evidence that the proposed Gaming Facility is insurable against 

fire and other hazards, and that liability insurance may be 

obtained to protect the public from hazards which may exist in 

or around the proposed Gaming Facility. 

(5) Verification 

Every application for a license shall be verified under oath or 

affirmation. 

Section 5.3. Notice Features 

(1) Privacy Act Notice 

The following notice shall be placed on the application form of a Key 

Employee or a Primary Management Official before that form is filled 

out by an applicant: 

In 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. 5 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 will be used by National 

Indian Gaming Commission members and stag who have 

need for the information in the peflonnance of their oficial 

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 pursuant 

to a requirement by a tribe or the National Indian Guming 

Commission in connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming license, 

or investigations of activities while associated with a tribe 

or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's 
being unable to hire you in a primary management oflcial 

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. 

Existing Key Employees and Primary Management Officials, if any, 

shall be notified in writing that they shall either: 

(0 Complete a new application form that contains a Privacy Act 

Notice; or 

(ii) Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

(2) Notice of Conseauences of False Statements 

The following notice shall be placed on the application for a key 

employee or primary official before that form is filled out by an 

applicant: 

A false statement or 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 1001). 

The Tribal Gaming Commission shall notify in writing existing key 

employees and primary management officials, if any, that they shall 

either: 

(9 Complete a new application form that contains a notice 

regarding false statements; or 

(i i) Sign a statement that contains the notice regarding false 

statements. 

Section 5.4. Payment of Application Fee 

Each application shall be accompanied by payment of an application fee 

established by the Tribal Gaming Commission which shall include the cost of 

the background investigation conducted pursuant to Article VI below. 
Section 5.5. Description on Application 

An application for a gaming license shall include a description of the place, 

facility, or location on Tribal Lands where the applicant will operate a Gaming 

Operation or where the applicant will be employed. 

Section 5.6. Manner of Filing Instruments with Tribal Gaming Commission 

Any application, affidavit, return, report, fee or other instrument or payment 

required to be filed with, delivered to, or served upon the Tribal Gaming 

Commission by this Ordinance shall be deemed to be properly filed, delivered, 

or served, as the case may be if it is filed, delivered, or served upon the 

Chairman of the Tribal Gaming Commission at the Tribal Complex, or such 

Tribal employee at the Tribal Complex as the Tribal Gaming Commission shall 

designate in writing. 

Section 5.7. Issuance of Instruments by Tribal Gaming Commission 

Any license, registration form, receipt, or other instrument which the Tribal 

Gaming Commission is required or permitted to issue pursuant to this 

Ordinance, may be issued by the Chairman of the Tribal Gaming Commission 

to the order of the Commission, or in such other manner as the Commission 

shall by rule provide. 

Article VI. Background Investigations 

Section 6.1. General 

Upon receipt of any application forms submitted by a Management Contractor, 

the Tribal Gaming Commission shall conduct, or cause to be conducted, a 

background investigation of the Management Contractor and each applicant for 

a position who is designated as a Key Employee or Primary Management 

Official sufficient to make a qualification determination under Section 6.3 

below. In conducting the investigation, the Tribal Gaming Commission shall 

have the authority to employ or retain or appoint such private parties as special 

investigators, including licensed private investigators and credit reporting 

agencies, as the Tribal Gaming Commission may deem necessary, appropriate 

or advisable to conduct the required background investigation in a thorough and 

comprehensive manner and make the determinations required by this Ordinance 

and the Act. All such independent investigative personnel employed by the 

Tribal Gaming Commission shall have appropriate experience in investigation 

techniques in the subject matter of the specific area of inquiry for which they 

are retained. The Tribal Gaming Commission shall keep confidential the 

identity of each person interviewed in the course of the investigation. 
Section 6.2. Background Investigations 

(1) Reauired Background Information 

The Tribal Gaming Commission shall request from each Primary 

Management Official and from each Key Employee all of the following 

information: 

(0 full name, other names used (oral or written), social security 

number(s), birth date, place of birth, citizenship, gender, all 

languages (spoken or written); 

(ii) currently and for the previous ten (10) years: business and 

employment positions held, ownership interests in those 

businesses, business addresses, residence addresses since age 

18, and drivers license number(s); 

(iii) the names and current addresses of at least five (5) personal 

references, including one personal reference who was 

acquainted with the applicant during the most recent period of 

residence listed under paragraph (b) of this Section; 

(iv) current business and residence telephone numbers; 

(v) a description of any existing and previous business 

relationships with Indian Tribes, including ownership interests 

in those businesses; 

(vi) a description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interests in those businesses; 

(vii) 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; 

(viii) for each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court 

involved, and the date and disposition, if any; 

(ix) for each misdemeanor conviction or misdemeanor prosecution 

(excluding minor traffic violations) within ten (10) years of the 
date of the application, the name and address of the court 

involved and the date and disposition; 

(x) for each criminal charge (excluding minor traffic charges) 

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

within ten (10) years of the date of the application and is not 

otherwise listed pursuant to sections (viii) or (ix) of this 

Section, the criminal charge, the name and address of the court 

involved, and the date and disposition; 

(xi) the name and address of any licensing or regulatory agency 

with which the applicant has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

(xii) a current photograph; 

(xiii) fingerprints of the applicant to be taken by the Bureau of 

Indian Affairs police located in Anadarko, Oklahoma or the 

Oklahoma State Bureau of Investigation for a criminal history 

check. The criminal history check will include a check with 

the Federal Bureau of Investigation National Crime Information 

Center; 

(xiv) copies of the applicant's federal income tax returns for the 

prior three (3) years; and 

(XV) any other information the Tribal Gaming Commission deems 

relevant. 

(2) Sco~e of Investigatory Authority 

The Tribal Gaming Commission shall conduct an investigation sufficient 

to make a determination of applicant eligibility under Section 6.3 In 

conducting such investigation the Tribal Gaming Commission shall be 

authorized to contract with private investigative agencies licensed under 

the laws of any state and to make inquiry of appropriate state and local 

law enforcement agencies, business registration and licensing agencies, 

and taxing authorities for purposes of conducting inquiry and 

investigation of the truthfulness and accuracy of all information required 

hereunder for each applicant. All such investigative firms or individuals 

shall submit detailed written reports to the Tribal Gaming Commission 

disclosing the results of the background inquiry and designating areas of 

inquiry for which incomplete information exists following diligent efforts 
customary for the subject matter of the particular inquiry. In conducting 

such inquiries, the investigative personnel shall conduct interviews of a 

sufficient number of people having substantial knowledge of the 

applicant, including former and current employers and business 

associates, personal references, and others to whom referred in order to 

(i) verify information submitted with an application, (ii) identify any 

potential problem areas reflected in the applicant's background; (iii) 

complete a comprehensive report and summary concerning the 

applicant's background for submission to the Tribal Gaming 

Commission, and (iv) provide the Tribal Gaming Commission a factual 

record from which to make the review and findings concerning the 

applicant's eligibility for employment in a Gaming Operation. 

Section 6.3. Eligibility Determination 

(1) Review 

The Tribal Gaming Commission shall promptly review all investigatory 

reports concerning an applicant at a meeting specially called for such 

purpose and as the sole agenda item. 

(2) Criteria 

The Tribal Gaming Commission shall ensure that any Person involved 

with the conduct of gaming activities is a person of good character, 

honesty, and integrity. 

(3) Findings 

The Tribal Gaming Commission shall review the investigatory reports 

covering a Person's prior activities, criminal records, if any, and 

business affairs, reputation, habits, and associations to make a finding 

concerning the eligibility of such person for employment in the Gaming 

Operation. If the Tribal Gaming Commission determines that 

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

Tribe or to the effective regulation and control of Gaming, or creates or 

enhances the dangers of unsuitable, unfair, or illegal practices, methods, 

and activities in the conduct of Gaming or the carrying on of the 

business and financial arrangements incidental to the conduct of gaming, 

the Gaming Operation shall not employ that Person in a Key Employee 

or Primary Management official position. 
Section 6.4. Procedures for Forwarding Applications and Reports for Key Employees 

and Primary Management OfSicials to the National Indian Gaming 

Commission 

(1) When a Key Employee or Primary Management official begins work at 

a Gaming Operation authorized by this Ordinance, the Tribal Gaming 

Commission shall forward to the National Indian Gaming Commission 

a completed application for employment and conduct the background 

investigation and make the determination referred to in Section 6.3. 

(2) The Tribal Gaming Commission shall forward the report referred to in 

Subsection 6.5 to the National Indian Gaming Commission within sixty 

(60) days after an employee beings work or within sixty (60) days of the 

approval of this Ordinance by the Chairman of the National Indian 

Gaming Commission. 

(3) The Gaming Operation shall not employ as a Key Employee or Primary 

Management Official a person who does not have a license after ninety 

(90) days. 

Section 6.5. Report to the National Indian Gaming Commission 

(1) Investigative Report 

Pursuant to the procedures set out in Section 6.4 of this Ordinance, the 

Tribal Gaming Commission shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each background 

investigation. An investigative report shall include all of the following: 

(i) the steps taken in conducting the background investigation; 

(ii) the results obtained; 

(iii) the conclusions reached; and 

(iv) the basis for those conclusions. 

(2) Eligibility Findings 

The Tribal Gaming Commission shall submit, with the report, a copy of 

the eligibility determination made under Section 6.3. 
(3) Notification of Non-Licensing Decision 

If a license is not issued to an applicant, the Tribal Gaming 

Commission: 

(0 shall notify the National Indian Gaming Commission; and 

(ii) may forward copies of its eligibility determination and 

investigative report (if any) to the National Indian Gaming 

Commission for inclusion in the Indian Gaming Individual 

Records System. 

(4) Record Keeping; 

With respect to Key Employees and Primary Management Officials, the 

Tribe shall retain applications for employment and reports (if any) of 

background investigations for inspection by the Chairman of the 

National Indian Gaming Commissioner his or her designee for no less 

than three (3) years from the date of termination of employment. 

Article VII. Issuance Of Licenses; Renewal; Suspension 

Section 7.1. General 

(1) Notification to National Indian Gaming Commission 

Whenever it appears to the Tribal Gaming Commission that a proposed 

license would be consistent with the Act, this Ordinance, and the public 

interest, it may issue the requested license after thirty (30) days notice 

of intent to issue the license to the National Indian Gaming Chairman, 

unless during the notice period, the Tribal Gaming Commission is 

directed by the National Indian Gaming Commission to delay issuance 

of the license for further investigation. It shall be a condition of the 

license that the licensee or the proponent of the license notify the Tribal 

Gaming Commission in writing within three (3) business days of any 

event which would change any of the answers or information submitted 

with a license application. 

(2) Issuance of License 

If, within a thirty (30) day period after the National Indian Gaming 

Commission receives a report, the National Indian Gaming Commission 

notifies the Tribal Gaming Commission that it has no objection to the 

issuance of a license pursuant to a license application filed by a Key 
Employee or a Primary Management Official for whom the Tribal 

Gaming Commission has provided an application and investigative report 

to the National Indian Gaming Commission, the Tribal Gaming 

Commission may issue a license to such applicant. 

(3) Providing Additional Information 

The Tribal Gaming Commission shall respond to a request for additional 

information from the Chairman of the National Indian Gaming 

Commission concerning a Key Employee or a Primary Management 

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

30-day period under Section 7.1(1) until the National Indian Gaming 

Chairman receives the additional information. 

(4) Ob-iections bv National Indian Gaming Commission 

If, within the 30-day period described above, the National Indian 

Gaming Commission provides the Tribal Gaming Commission with a 

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

Employee or to a Primary Management official for whom the Tribal 

Gaming Commission has provided an application and investigative report 

to the National Indian Gaming Commission, the Tribal Gaming 

Commission shall reconsider the application, taking into account the 

objections itemized by the National Indian Gaming Commission. The 

Tribal Gaming Commission shall make the final decision whether to 

issue a license to such applicant. 

(5) Ineligible Persons 

The Tribal Gaming Commission may issue or renew a gaming license 

to an applicant who submits a proper and completed application and 

pays the appropriate annual fee, provided that no license shall be issued 

to or renewed for an applicant: 

(i) who is a member of the Kiowa Business Committee; 

(ii) who is not a person of good character, honesty, and integrity; 

(iii) has knowingly and willfully provided materially false 

statements or information to the Tribal Gaming Commission 

pursuant to the Act or this Ordinance, or has refused to 

respond to a subpoena issued pursuant to this Ordinance; 
(iv) who is not found by the Tribal Gaming Commission to be 

eligible for employment under the criteria of Section 6.3; 

(v) who has had, or who is in privity with anyone who has had, a 

gaming license revoked for cause in any jurisdiction; 

(vi) who is delinquent in the payment of any obligation owed to the 

Tribe, the Tribal Gaming Commission pursuant to this 

Ordinance, any regulations that the Tribal Gaming Commission 

has or may adopt, or a Management Contract; or 

(vii) who has failed to comply with the Act, regulations of the 

National Indian Gaming Commission, this Ordinance, or any 

regulation that the Tribal Gaming Commission has or may 

adopt. 

Section 7.2. Validity 

Each gaming license shall be valid for the three-year period commencing 

January 1 and ending December 31 of a respective year. 

Section 7.3. Assignment/Transfer/Display 

A gaming license may not be assigned or transferred and is valid only for use 

by the Person in whose name it is issued and at the Gaming Facility for which 

it is issued. A gaming license shall be conspicuously displayed at all times at 

the Gaming Facility for which it is issued. 

Section 7.4. No Class III Gaming License 

Until authorized by a Tribal-State Compact, no gaming license shall be issued 

for any Class I11 gaming. 

Section 7.5. License Suspension 

(1) Grounds for Revocation 

If, after the issuance of a gaming license, the Tribal Gaming 

Commission receives from the National Indian Gaming Commission, or 

any other source, reliable information indicating that a Key Employee 

or a Primary Management official is not eligible for employment, the 

Tribal Gaming Commission shall suspend such license and shall notify 

in writing the licensee of the suspension and the proposed revocation. 
(2) Notice and Hearing; 

The Tribal Gaming Commission shall notify the licensee of a time and 

a place for a hearing on the proposed revocation of a license. 

(3) Notification to National Indian Gamine; Commission 

After a revocation hearing, the Tribal Gaming Commission shall decide 

to revoke or to reinstate a gaming license. The Tribal Gaming 

Commission shall notify the National Indian Gaming Commission of its 

decision. 

Section 7.6. Renewals 

(1) Procedure 

Every license shall be renewable upon request in such form as the Tribal 

Gaming Commission shall by regulation determine, provided that the 

renewal request shall specifically identify any changes in the renewal 

applicant's original license application or renewal license application, as 

the case may be, since the issuance of the license being renewed. 

(2) Renewal Fee 

The renewal applicant shall pay a renewal fee established by the Tribal 

Gaming Commission, but not to exceed percent ( %) of the 

fee for the original license being renewed. 

Section 7.7. No Property Rights in Licenses 

No applicant for or holder of a license shall be deemed to have acquired any 

property right in any license required hereunder for Gaming Operations. All 

such licenses are intended solely for purposes of the Tribe exercising its 

required regulation of Gaming. The decision to issue, refuse to issue, suspend, 

or revoke a license is solely a matter of the exercise of the Tribe's regulatory 

authority and within the discretion of the Tribal Gaming Commission, subject 

to the notice and hearing provisions specifically provided for herein, as 

applicable. 
Article VIII. Tribal Gaming 

Section 8.1. Establishment of Tribal Operated Gaming Operation(s) 

The Tribal Gaming Commission is hereby granted authority to establish, from 

time to time, Tribal Gaming Operations within the Tribal jurisdiction. Any 

such Tribal Gaming Operations shall be a body corporate of the Tribe and shall 

have the authority to conduct Class I1 Games and sessions within the jurisdiction 

of the Tribe under the terms and conditions herein or hereafter prescribed by 

law. Tribal Gaming Operations shall never issue any capital stock. 

Section 8.2. Commencing Operations 

No Tribal Gaming Operation may begin operation except upon written 

resolution by the Tribal Gaming Commission which shall provide for (i) the 

name in which the particular Gaming Operation is to be conducted, (ii) the 

method of management, (iii) the particular Gaming Site upon which Games will 

be conducted, and (iv) the beginning date. Every such resolution shall be 

delivered promptly to the Tribal Gaming Commission. 

Section 8.3. Use of Net Revenue 

(1) Pumoses 

The portion of the Revenue belonging to the Tribe as a result of any 

Tribal Gaming Operation shall be used for the following purposes: 

(i) to fund Tribal government operations and programs, 

(ii) to provide for the general welfare of the Tribe and its 

members, or 

(iii) to promote Tribal economic development, or 

(iv) to donate to charitable organizations, or 

(v) to help fund operations of local Tribal agencies. 

(2) Revenue Accounts 

In order to adequately account for the portion of the Revenue belonging 

to the Tribe as a result of any Tribal Gaming Operation, the Treasurer 

shall deposit all such Revenue in a separate account, identified as such, 

and all such Revenue shall be expended only upon authority of a 
Resolution appropriating such funds for one or more of the purposes 

identified in subsection (1) of this Section 8.3. 

(3) Per Capita Pavments 

No per capita payment of such Revenues may be made. If the Council 

subsequently elects to make per capita payments, it shall authorize such 

payments only upon approval of a plan submitted to the secretary of the 

United States Department of Interior pursuant to 25 U.S.C. 

5 27 1 0(b)(3). 

Section 8.4. Administration and Regulations by Tribal Subdivision 

Except for those Gaming Operations managed through Management 

Contractors, each separate Tribal Gaming Operation shall be administered by 

the Tribal Business Committee sitting as its Board of Directors and regulated 

by the Tribal Gaming Commission as provided for and to the extent of this 

Ordinance and any regulations hereinafter adopted, the Act, and regulations of 

the National Indian Gaming Commission. All Gaming Operations shall be 

subordinate agencies of the Tribe. 

Section 8.5. Designation of the Gaming Manager 

The Kiowa Business Committee may appoint and employ one individual person 

for each Tribal Gaming Operation who shall be designated the Tribal Manager 

of the particular Gaming Facility. In order to enter into employment, a Tribal 

Manager must obtain a Manager's License from the Tribal Gaming 

Commission. 

Section 8.6. Powers and Miscellaneous Provisions 

Each Gaming Operation operated by the Tribe shall have the following powers 

which it may exercise consistent with the purpose for which it is established: 

(0 To have perpetual succession by its corporate name. 

(ii) To sue in its corporate name, and to be sued where sovereign 

immunity has been expressly waived by Tribal law but only to 

the extent of such waiver. 

(iii) To have a corporate seal which may be altered at pleasure, and 

to use the same by causing it, or a facsimile thereof, to be 

impressed or affixed or in any other manner reproduced. 
(iv) To purchase, take, receive, lease, or otherwise acquire, own, 

hold, improve, use and otherwise deal in and with, real or 

personal property, or any interest therein, wherever situated, 

when useful to its conduct of Games, provided that title to any 

real property acquired by such corporation shall be taken in the 

name of the United States of America in trust for the Tribe 

with the approval of the Secretary of the Interior. Such 

acquisition shall be made with the prior notice to the Council. 

At the time of such acquisition, the Tribe shall lease or patent 

such real property to the Gaming Operation for business 

purposes for a period not to exceed twenty-five (25) years with 

an option to renew such lease or revocable patent for an 

additional period of twenty-five (25) years or such other 

maximum period as may be authorized by Tribal law. The 

consideration received for exercising the option for the 

additional twenty-five (25) year term shall be the One Dollar 

($1.00). The rights created by such lease or patent shall be 

enforceable in the Tribal Court against the Tribe 

notwithstanding the defense of sovereign immunity, and the 

lease or revocable patent shall be considered a contract and 

property right which may not be abridged by the Tribe without 

just compensation. 

(v) To enter into agreements, contracts, and undertakings with any 

governmental agency, tribal, federal, state, or local or with any 

person, partnership, corporation, or other legal entity, and to 

agree to any conditions attached to federal financial assistance; 

(vi) To make contracts and incur liabilities, borrow money at such 

rates of interest as the Gaming Operation may determine not 

inconsistent with this Ordinance, issue its notes, bonds, and 

other obligations, and secure any of its obligations by 

mortgages or pledge of all or any of its property or 

investments (except the real property); 

(vii) To lease property from or to the Tribe and others for such 

periods as are authorized by law, and to hold and manage or 

sublease the same; 

(viii) To pledge the assets, other than real property, as security for 

its contractual obligations and to acquire, sell, lease, exchange, 

transfer or assign personal property or any interest therein. 
(xi) 

(xii) 

(xiii) 

(xiv) 

(xv) 

(xvi) 

To make rules and regulations regarding its activities pursuant 

to this Ordinance as the Tribal Gaming Commission may deem 

necessary and desirable to effectuate the powers granted by this 

Ordinance. Provided, that all such rules and regulations shall 

be filed for record in the tribal Secretary's office and approved 

by the Tribal Business Committee prior to being given any 

force or effect. 

To purchase insurance from any stock or mutual company for 

any property or against any risk or hazards, and the sovereign 

immunity of the Gaming Operation is hereby waived to the 

limit of the scope and extent of such insurance as may be in 

force as to any claim payable by such insurance. 

To invest such funds as are not required for immediate 

disbursements. 

To establish and maintain such bank accounts as may be 

necessary or convenient, subject to audit by the Tribal Gaming 

Commission. 

To employ such officers as may be necessary or convenient, 

and to employ technical and maintenance personnel and such 

other officers and employees, permanent or temporary, as the 

Gaming Operation may require, to establish the conditions of 

their employment, and to delegate to such officers and 

employees their powers or duties. 

To take such further actions, not inconsistent with this 

Ordinance, as are commonly engaged in by public or corporate 

bodies of this character. 

To enter into partnerships, joint ventures, and other business 

arrangements with any legal entity to effectuate the purposes of 

the Gaming Operation. 

To adopt such rules and regulations for the government of its 

internal affairs as the Tribal Gaming Commission deems 

necessary or appropriate to administer or enforce this 

Ordinance and its activities thereunder, provided, that all such 

rules and regulations shall be filed for record in the Tribal 

office and approved by the Kiowa Business Committee prior to 

being given any force or effect. 
(xvii) To operate, manage, use, and control, including entering into 

leases as herein before provided, such real or personal property 

which the Kiowa Business Committee shall assign to its use. 

(xviii) To use such name as may be approved by the Kiowa Business 

Committee in any of its business activities within or without 

the Tribal jurisdiction, and to incorporate or hold stock in such 

other corporations as may be necessary or convenient. 

(xix) To exercise, in conformity with Tribal law, the power of 

eminent domain excepting land or interest therein held by any 

other agency of the Tribe, in order to further the purposes and 

powers express in this Ordinance. 

(xx) To operate Class I1 Games in the manner provided for by this 

Ordinance at a particular Gaming Facility and Gaming Site 

approved by the Kiowa Business Committee. 

Section 8.7. Duties of the Tribal Gaming Manager 

It shall be the duty of the Tribal Manager to manage and conduct all Class I1 

Games of a Tribal Gaming Operation in a fiduciary capacity to maximize the 

Revenues of said operation, to cause to be prepared and submitted to the Kiowa 

Business Committee such reports as may be required by law, to account for all 

monies and property entrusted to the Tribal Gaming Operation, to collect and 

pay over all taxes due the Tribe and all assessments due the National Indian 

Gaming Commission and the Tribal Gaming Commission, and to perform any 

other duties as may be required by law. 

Section 8.8. Supplies and Equipment 

Subject to the approval of the Kiowa Business Committee, a Tribal Manager 

may incur such expenses and purchase such Equipment as may be necessary for 

the conduct of the Tribal Gaming Operation. All equipment purchases shall be 

the property of the Tribe. 

Section 8.9. Location of Gaming Sessions 

All games and sessions of Class I1 Games conducted by a Tribal Gaming 

Operation shall be conducted at a Gaming Facility approved by the Tribal 

Gaming Commission within the territorial jurisdiction of the Tribe for that 

Gaming Operation. 
Section 8.10. Report of Winners 

The Tribal Manager shall file with the Treasurer a list of each winner or 

winners of any Class I1 Game at each session. The list shall be itemized by 

session and game and shall include the name of the winner, the address of the 

winner, the social security number of the winner, the amount or fair market 

value of the prize won, and the method of identification from the driver's 

license or other acceptable identification of the winner prior to issuing the prize 

to the winner. It shall be the duty of the Manager to comply with 25 U.S.C. 

5 2719(d). 

Section 8.11. Report of Receipts and Disbursements 

The Tribal Manager shall file with the Treasurer a verified report of all receipts 

and disbursement of all funds relating to said Class I1 Games or sessions. At 

the time of filing said report, the Manager shall deposit with the Treasurer the 

Revenues of the Gaming Operation for the reporting period. Such report shall 

contain an itemized list of all Gross Gaming Receipts from Class I1 Games 

conducted, Concessions, and any and all related activities. Such reports shall 

also contain an itemized list of all disbursements including but not limited to 

Operating Costs, Equipment Costs, Facilities Costs, materials, supplies and 

equipment furnished and prizes paid. The required reports shall be submitted 

on a frequency established pursuant to regulations adopted from time to time by 

the Tribal Gaming Commission. 

Section 8.12. Verification of Reporl 

The Tribal Manager shall verify the accuracy of each report submitted to the 

Treasurer. 

Section 8.13. Deposit of Monies 

(1) De~osits with Treasurer 

The Tribal Manager shall deliver all monies received, less amounts 

retained for petty cash, the bank(s), and other cash funds approved by 

the Kiowa Business Committee, on a same day basis to the Tribal 

Treasurer. The Treasurer shall issue a written receipt for said monies 

to the Tribal Manager. 

(2) Accounts 

The Treasurer shall deliver all monies received from the Gaming 

Operation to the Accounting Office on a same day basis for deposit in 
the Tribal Gaming Funds Account. The Accounting Office shall issue 

a written receipt for said monies to the Treasurer. The Accounting 

Office shall deposit said monies in the special gaming account required 

by this Ordinance on a same day basis. 

Section 8.14. No Tribal Liability 

Neither the Tribe, nor its officers, agents, or agencies, shall be responsible for 

the debts or liabilities of any Gaming Operation, it being the intent that each 

Gaming Operation shall be a corporate entity solely responsible (with its 

Management Contractor when provided for by contract) for its own debts, torts, 

and other liabilities, and subject to suit in its own name to the extent explicitly 

provided for by this Ordinance. 

Section 8.15. Appropriations for Gaming Operation 

The Kiowa Business Committee may appropriate such sums as may be 

necessary for the function of the Gaming Operation based upon a written budget 

request submitted by the Tribal Manager through the Treasurer and approved 

by the Tribal Gaming Commission. The Kiowa Business Committee shall not 

be bound by any requested budget when making such appropriations. 

Section 8.16. Employee Grievances 

Any employee of a Tribal Gaming Operation aggrieved by a decision of the 

Manager with respect to promotion, retention, termination, or violations of the 

Gaming Operations' personnel policies may appeal such decision to the Tribal 

Court naming the Tribal Manager and the Gaming Operation as the sole 

defendants. In such cases, a Tribal Court may grant declaratory and injunctive 

relief against the Tribal Manager or Gaming Operation as may be appropriate. 

Article M. Management Contracts 

Section 9.1. Appointment of Contractor 

(1) General Authority 

In lieu of hiring and appointing a Tribal Manager for a particular 

authorized Gaming Operation, the Tribal Gaming Commission may enter 

into a Management Agreement with a Management Contractor to 

provide for the renovation (if applicable), management and 

administration of an existing Gaming Operation upon such terms and 

conditions not inconsistent with the Act or this Ordinance as the Kiowa 

Business Committee may deem appropriate. 
Additionally, the Kiowa Gaming Commission may enter into a 

Management Agreement with a Management Contractor to provide for 

the development, construction, management and administration of a 

proposed Gaming Facility not then in existence, upon such terms and 

conditions not inconsistent with the Act or this Ordinance as the Kiowa 

Gaming Commission may deem appropriate. 

(2) Prouosals 

The Tribal Gaming Commission is hereby authorized to prepare and 

solicit requests for proposals for competitive bids for the development, 

construction or renovation, management and administration of: 

(9 existing Gaming Operations operated by the Tribe; 

(ii) Gaming Operations at Gaming Facilities for which a 

Management Contractor's license has been revoked or not 

renewed; and 

(iii) proposed future Gaming Operations at a Gaming Facility to be 

constructed at a Gaming Site to be selected. 

Any such request for proposal shall be in form and content developed 

by the Tribal Gaming Commission pursuant to regulations adopted by 

the Tribal Gaming Commission. 

(3) Evaluation of Prouosals 

Bids in response to requests for proposals and proposals submitted 

without formal requests for proposals shall be reviewed and evaluated 

by the Tribal Gaming Commission. Both costs, projected financial 

return to the Tribe, experience and technical expertise shall be 

considered in determining the best bid or an acceptable proposal. The 

Tribal Gaming Commission shall present its evaluation and 

recommendation in writing, which report shall be a matter of public 

record. 

(4) Au~lication Fee 

The Tribal Gaming Commission shall, from time to time, set an 

application fee schedule in an amount not less than Fifty Thousand and 

No1100 Dollars ($50,000.00). The application fee must be paid upon 

acceptance by the Tribal Gaming Commission of a bid in response to a 

request for proposal or upon acceptance by the Tribal Gaming 
Commission for review and evaluation of an unsolicited proposal from 

a proposed Management Contractor. The Tribal Gaming Commission 

shall adopt regulations setting forth criteria for determining the schedule 

of application fees and the circumstances under which all or any part of 

the application fee shall be refundable. The application fee is required 

to defray the direct and indirect costs to be incurred by the Tribal 

Gaming Commission in reviewing, evaluating and negotiating the final 

terms and provisions of Management Contract for a specific Gaming 

Operation at a specific Gaming Facility, including without limitation, 

costs and expenses of employing independent third party consultants, 

accountants, and counsel to assist in the review, evaluation and 

negotiation process. 

(5) Failure to Pay A~~lication Fee 

If the application fee required pursuant to subsection (4) of this Section 

is not timely paid when due, any prior negotiations, correspondence, 

proposals, submissions, and collateral agreements shall be of no force 

and effect and the proposed Management Contractor shall have no 

claims, right, title and interest in any proposed Gaming Operation. 

(6) Prescribed Form of Management Contract 

The Tribal Gaming Commission shall adopt a model form of 

Management Contract, which shall be employed with all Gaming 

Operations to be conducted by a Management Contractor. It shall be an 

express condition of the acceptance by the Tribal Gaming Commission 

of any bid or unsolicited proposal for review and evaluation that the 

Management Contractor agree to the format and contents of the model 

form. The model form shall be revised only to reflect specific terms set 

forth in an accepted bid under a specific request for proposal or an 

accepted proposal submitted by any Person other than by a request for 

proposal. 

In developing and adopting a model form of Management Contract, the Tribal 

Gaming Commission shall incorporate at a minimum the specific content 

required under 25 CFR 8 31.1. The Tribal Gaming Commission shall also 

consider and incorporate such additional terms, provisions and requirements as 

are commercially reasonable and customary for contracts of such scope and 

magnitude in private contractual arrangements involving major land acquisition, 

site development, construction procedures and contracts, financing, including 

without limitation, assurances of marketability of title to land, survey 

requirements, engineering studies, economic feasibility studies, and performance 

standards. 
Section 9.2. Duties of a Management Contractor 

It shall be the duty of a Management Contractor: 

(9 To manage and conduct all Games of a Gaming Operation for 

which a Management Contractor has management responsibility 

in a fiduciary capacity to maximize the Revenues of said 

Gaming Operation, to cause to be prepared and submitted to 

the Tribal Gaming Commission such reports as may be 

required by the Act, regulations of the National Indian Gaming 

Commission, this Ordinance and regulations adopted 

hereunder, and the Management Contract, to account for all 

monies and property entrusted to the Gaming Operation, to 

collect and pay over all taxes and fees due the Tribe, and all 

assessments due the Commission, and to perform any other 

duties as may be required by law or the Management Contract. 

(ii) To perform all the duties of a manager imposed by law. 

Section 9.3. Requirements for Management Contracts 

Every Management Contract of a Tribal Gaming Operation shall provide, at a 

minimum: 

(i) for adequate accounting procedures that are maintained, and 

for verifiable financial reports that are prepared, by or for the 

Tribal Gaming Commission on a monthly basis; 

(ii) for access to the daily operations of the Gaming Operations to 

appropriate representatives of the Tribal Gaming Commission, 

who shall also have a right to verify the daily Gross Gaming 

Receipts and income made from any such Tribal Gaming 

Operation; 

(iii) for a minimum guaranteed payment to the Tribe that has 

preference over the retirement of Facility Costs and is payable 

to the Tribe regardless of the adequacy of Revenues from the 

Gaming Operations; 

(iv) for an agreed ceiling for the repayment of Facility Costs; 

(v) for a contract term not to exceed five (5) years, except that, 

upon the request of the Tribe, the Chairman of the National 

Indian Gaming may authorize a contract term that exceeds five 
(5) years but does not exceed seven (7) years if the Chairman 

is satisfied that the capital investment required, and the income 

projections, for the particular gaming activity require the 

additional time; 

(vi) for performance and payment bonds for any renovation to or 

construction of Gaming Facilities and such other bonds or 

other surety as the Tribal Gaming Commission may require 

pursuant to Tribal law; 

(vii) for performance criteria from Gaming Operations to be 

determined by the Tribal Gaming Commission; and 

(viii) for grounds and mechanisms for terminating such contract, but 

actual contract termination shall not require the approval of the 

Commission. 

Every Agreement with a Management Contractor for the operation and 

management of a Gaming Operation shall be deemed to contain the foregoing 

provisions whether or not such provisions are reproduced in a Management 

Contract. 

Section 9.4. Licensing Required 

No Management Contractor may enter into its management duties until it has 

satisfied all applicable licensing requirements for a Contractor License, a 

Facility License, and licenses for its Primary Management Officials and Key 

Employees. General Employee licenses shall be secured before new employees 

are allowed to actually begin work. 

Article X. Nonprofit Gaming 

Section 10.1. Licensing of Certain Nonprofit Organizations 

The Tribal Gaming Commission shall be authorized to issue a license to conduct 

bingo games to any organization that is a bona fide religious, charitable, labor, 

fraternal, educational, or other nonprofit which qualifies as a 501(c) tax exempt 

organization and provided that such organization has been in existence for not 

less than two (2) years prior to making application for license, if no part of the 

receipts derived from such activity, except actual expenses incurred in the 

conduct thereof, is to inure to the benefit of any individual member or employee 

of the organization, except as compensation for actual expenses incurred by 

such person in the conduct of such activity. 
Section 10.2. Licensing Procedure 

The Tribal Gaming Commission shall adopt regulations governing the 

application and licensing procedures for non-profit bingo to be conducted within 

Tribal jurisdiction. The application form shall be prescribed by the Tribal 

Gaming Commission. The Tribal Gaming Commission shall establish a 

schedule of appropriate license fees (and any exemptions from payment of such 

fees) for such activities and operations and specific reporting requirements. 

Article XI. Records And Reports 

Section 11. I. Keep and Maintain 

Each Gaming Operation shall keep and maintain sufficient books and 

records to substantiate the Gross Gaming Receipts, Operating Costs, and 

uses of revenues relating to the conduct of Gaming Operations 

authorized under a license. Included in the records of the activity shall 

be session summary sheets, operational budgets and projections, and 

tourlbus attendance and compensation. 

(2) Dutv to Account 

No Management Contractor shall fail to account fully for all moneys 

received or collected in connection with Gaming Operations. 

Section 11.2. Statement of Gross Gaming Receipts and Net Revenues 

(1) No later than the fifteenth (15th) day of each month, each Gaming 

Operation shall provide, in a report form prescribed by the Tribal 

Gaming Commission, a statement of Gross Gaming Receipts, Operating 

and net Revenues received or collected at each Gaming Facility during 

the immediately proceeding period. 

(2) Consistent with reasonable gaming industry business practices, the Gross 

Gaming Receipts derived from operations of a tribal-owned and licensed 

Gaming Operations may be expended and dispersed by a Management 

Contractor as specifically outlined in a Management Contract. 
Section 11.3. Falsification of Books and Records 

No licensee shall falsify any books or records relating to any transaction 

connected with the conduct of Gaming Operations authorized under this 

Ordinance. 

Section 11.4. Inspection of Tribal Gaming Commission 

(1) General Reauirement 

All books and records of each Gaming Operation relating to licensed 

gaming activities shall be subject to inspection, examination, photocopy 

and auditing by the Tribal Gaming Commission or a person designated 

by the Tribal Gaming Commission at any time during reasonable hours. 

(2) Assured Access 

In compliance with 25 C.F.R. 8 571.5 or 8 571.6, or of a Tribal 

Ordinance or resolution approved by the Chairman of the National 

Indian Gaming Commission under parts 522 or 523 in Title 25 C.F.R., 

a Gaming Operation shall not refuse to allow an authorized 

representative of the National Indian Gaming Commission or an 

authorized Tribal Gaming Commission official to enter or inspect a 

Gaming Operation. 

Section 11.5. Insurance Policies 

A copy of all required insurance policies covering each Gaming Operation or 

any part thereof shall be filed with the Tribal Gaming Commission. 

Article XII. Violations 

Section 12.1. General 

Each Gaming Facility licensed under this Ordinance shall be constructed, 

maintained and operated in a manner which adequately protects the environment 

and the public health and safety. 

Section 12.2. Gaming License 

No person shall operate or conduct any Gaming activity in a Gaming Operation 

within Tribal Lands without a gaming license issued by the Tribal Gaming 

Commission, as required by this Ordinance. 
Section 12.3. Falsifying Informution 

No licensee or license applicant shall provide false information in connection 

with any document or proceeding required or provided for under this 

Ordinance. 

Section 12.4. Age Limit 

No Person under the age of eighteen (18) years shall be permitted to participate 

in any Gaming activity. 

Section 12.5. Cheating 

No Person shall engage in Cheating in any gaming activity. 

Section 12.6. Possession of a Fireann 

No Person, other than a law enforcement officer or security personnel licensed 

to carry a firearm, may enter or remain in a Gaming Facility licensed under this 

Ordinance while in the possession of a firearm or other weapon. 

Section 12.7. Violation of Any Provision, Rule, Regulation or Order 

No Person shall intentionally violate any provision of this Ordinance, nor any 

rule, regulation or order that the Tribal Gaming Commission may adopt or 

issue, nor any provision of the Act or and regulation adopted by the 

Commission. 

Section 12.8. In Privity 

Any Person who is in privity with a Person who violates any provision of this 

Ordinance shall be deemed to be in violation of this Ordinance to the same 

extent as the violator, and shall be treated in a similar manner. 

Section 12.9. Compliance of Ordinance 

Each Management Contractor is responsible for ensuring that all Primary 

Management Officials and Key Employees assisting in Gaming Operations on 

the licensee's behalf comply with this Ordinance. A violation by any such 

officials or employees shall be deemed a violation by a Management Contractor 

and subject the Management Contractor to civil enforcement action. It shall not 

be a defense that a Management Contractor was unaware of the violation. 
Section 12.10. Fraudulent Scheme or Technique 

No Person, playing in or conducting any gaming activity authorized under this 

Ordinance, shall: 

(i) use bogus or counterfeit cards, or substitutes or use any game 

cards that have been tampered with; 

(ii) employ or have on one's person any cheating device to facilitate 

cheating in any gaming activity; 

(iii) use any fraudulent scheme or technique, including when an 

operator or player of games of charitable gaming tickets directly 

or indirectly solicits, provides, or receives inside information of 

the status of a game for the benefit of either Person; or 

(iv) knowingly cause, aid, abet, or conspire with another Person or 

cause any Person to violate any provision of this Ordinance or 

any rule adopted under this Ordinance. 

Article XIII. Civil Enforcement 

Section 13.1. Action to be Taken 

The Tribal Gaming Commission may take any one or a combination of the 

following actions with respect to any Person who violates any provision of this 

Ordinance: 

(1) Impose a civil fine not to exceed Five Hundred Dollars ($500.00) for 

each violation, and if such violation is a continuing one, for each day of 

such violation. 

(2) Suspend or revoke any gaming license issued by the Tribal Gaming 

Commission. 

(3) Bring an action in a Tribal Court for imposition of one or more of the 

following sanctions: 

(i) suspension or termination of the license and further conduct of 

Gaming Operations or other activities; 

(ii) seizure of any gaming apparatus, proceeds, or other property of 

a licensee or connected with the Gaming Operations engaged in 

by the licensee; 
(iii) in the case of any non-member of the Tribe, expulsion of such 

persons from Tribal Lands; 

(iv) collection of any unpaid fees together with interest at the rate of 

one percent (1 %) per month; 

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

the exterior boundaries of the Tribal Lands; or 

(vi) a penalty of Fifty Dollars ($50.00) per day for failure to file any 

report when due and Five Hundred Dollars ($500.00) per day for 

failure to file such report after notice and demand. 

Section 13.2. Jurisdiction 

The Tribal Court shall have jurisdiction over any civil action brought by the 

Tribal Gaming Commission under this Ordinance, and also shall have the 

authority to impose any and all sanctions imposed by the Tribal Gaming 

Commission pursuant to this Ordinance. 

Section 13.3. Not~jication 

Before taking any enforcement action authorized in this Section, the Tribal 

Gaming Commission shall use its best efforts to notify the alleged violator, in 

person or by letter delivered to hislher last known address, of the charges 

against himlher, and allow the alleged violator an opportunity for a prompt 

hearing. If the alleged violator fails to respond, or cannot be found, the Tribal 

Gaming Commission may proceed with a hearing notwithstanding, and take 

such action as it deems appropriate. 

Section 13.4. Acknowledgment 

Every Person which applies for a gaming license and accepts such license 

thereby acknowledged the civil enforcement jurisdiction and authority of the 

Tribal Gaming Commission and a court of competent jurisdiction under this 

Ordinance to order an execution or hislher nonexempt property, the suspension 

or termination of hislher further conduct of gaming activities and the seizure of 

hislher Gaming Equipment or proceeds of other property, upon a proper finding 

of the Tribal Gaming Commission or the Court that the Person has violated a 

provision of the Act, regulations of the Commission, this Ordinance, or 

regulations promulgated by the Tribal Gaming Commission, despite lack of 

actual notice, provided that the Tribal Gaming Commission has used its best 

efforts to notify the person, in person, or by letter delivered to hislher last 

known address. 
Article XIV. Hearings And Appeals 

Section 14.1. Petition for Payment of Penalty 

Any licensee paying a penalty for late filing or failing to file a report for which 

there is an acceptable excuse may petition the Tribal Gaming Commission for 

a credit. The petition shall be filed within thirty (30) days after the petitioner 

knew or should have known that payment was excusable, but not more than six 

(6) moths after payment in any case. 

Section 14.2. Petition for Hearing and Reconsideration 

Any person or entity aggrieved by a decision made or action taken by the Tribal 

Gaming Commission without notice and opportunity for hearing, may petition 

the Tribal Gaming Commission for a hearing and reconsideration. The petition 

shall be filed within thirty (30) days after the petitioner knew or should have 

known of the decision or action. 

Section 14.3. Petition for Review 

Any person or entity aggrieved by a decision made or action taken by the Tribal 

Gaming Commission after notice and opportunity for hearing may petition any 

court of competent jurisdiction for review. Such petition shall specifically set 

forth the reasons for aggrieving, and be filed with the Court no later than thirty 

(30) days after the Tribal Gaming Commission's decision or action. The Court 

shall set the matter for hearing no later than thirty (30) days after receipt of the 

petition, and may, upon establishing that it has jurisdiction and finds good 

cause, affirm, modify, reverse and/or vacate the Tribal Gaming Commission's 

order. 

Article XV. Applicable Law 

Section 15.1. Controversies Involving Contract 

All controversies involving contracts relating to gaming entered into under the 

authority of the Tribe on Tribal Lands shall be resolved, as appropriate, in 

accordance with: 

(1) the Act; 

(2) regulations promulgated by the National Indian Gaming Commission; 

(3) the laws, ordinances and regulations of the Tribe; and 
(4) if no Tribal laws exist, the law of the State of Oklahoma. 

Article XVI. Service 

Section 16.1. Tribal Gaming Commission Service Agen f 

The Chairman of the Tribal Gaming Commission is hereby designated agent for 

service of any official determination, order, or notice of violation. Specific 

confirmation of this designation shall be communicated to the National Indian 

Gaming Commission. 

Section 16.2. Management Service Agent 

Each Management Contractor shall designate by written notification to the 

Tribal Gaming Commission and the National Indian Gaming Commission an 

agent for service of any official determination, order, or notice of violation. 

Article XVII. Savings Provision 

Section 1 7.1. Invalidity 

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

circumstance is held invalid, the invalidity shall not affect other provisions or 

applications of the Ordinance which can be given effect without the invalid 

provisions or application, and, to this end, the provisions of this Ordinance are 

severable. 

Article XVIII. Policies And Procedures For Resolution Of Disputes Between Manager And 

Customers 

Section 18.1. Improper Conduct by Customers 

(1) Notice 

Notice of warning regarding the improper conduct set out in gaming 

rules established and enforced by the Gaming Operation shall be posted 

at the entrance of the Gaming Facility and/or given to patrons upon 

entering the premises. 

(2) Tv-pes of Improper Conduct 

The following improper conduct shall result in ejection of a Patron from 

any Gaming Facility: 
(i) Cheating; 

(ii) possession of weapons in the Gaming Facility; 

(iii) possession of alcohol that has been brought by a Patron into the 

Gaming Facility; 

(iv) possession of a controlled substance in the Gaming; 

(v) disorderly conduct, including the willful, or wanton disregard for 

the rights of others, and any other act which is disruptive to the 

Gaming Operation and other Patrons. 

(3) Submission of Proof of Age 

Failure by a Patron to provide proof of age when requested by Gaming 

Operation personnel shall result in ejection of the Patron from the 

Gaming Facility. The admission fee shall be refunded in such instance. 

(4) Eiection 

Ejection of a Patron shall be accomplished by security personnel, upon 

request of management personnel of the Gaming Facility. 

Section 18.2. Complaints by Customers 

A designated representative of management shall be present at all times to 

resolve complaints by Patrons involving the Gaming Operation. 

,. , <6 ..)? t:' tRI,j&?: Y 

If the designated rekresentative is unable to resolve any dispute, the matter may, 

upon request of thezatron, be referred to the Tribal Gaming Commission for 

resolution. The decsion of the Tribal Business Committee on any dispute so 

referred to it for resolution shall be final. 

Article XM. Amendment Of Ordinance 

Section 19.1. Amendment by Majority Vote 

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

Committee. Within fifteen (15) days after adoption, the Tribal Business 

Committee shall submit for the Chairman of the National Indian Gaming 

Commission's approval any amendment to the Ordinance. 
Article XX. Effective DateIRepeal 

Section 20.1 General 

This Ordinance shall be effective upon approval of the Chairman of the 

National Indian Gaming Commission. Once effective, this Ordinance shall 

serve to repeal all previous gaming ordinances of the Tribe.