John Barrett, chairman 

Citizen Band ~otawatomi Indians of Oklahoma 

1901 S. Gordon Cooper Drive 

Shawnee, OK 74801 

Dear Chairman Barrett: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, ordinance No. 95-21A, adopted on 

February 21, 1995, by the citizen Band of Potawatomi Indians of 

Oklahoma (Tribe). This letter constitutes such approval under 

the Indian Gaming Regulatory Act (IGRA). 

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 Citizen Band 

of Potawatomi Indians 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, 

Chairman 

cc: J.D. Colbert 

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Citizen Band Potawstcmi Izdlan Tribe of Oklahc%a 

Gvs;riezs Cornti t tee 

Ordinance ?~tt. Ord. No. 92-12 

BE IT ENACTED BY THE BU3lNZS3 C3W.ITTEE OF THE CITIZEN BAND 

POTAWATOMI INDIAN TR13E GF OKLk3CHP.: 

SECTION 1: -yo 

The Business Comrrlittee shall ~nnl;al!y appcint or reapp~;nt a 

,;7-amzng Camnrls~ioner, G~S shall serve aL, the p!eas;lre zf tho 

Eusiness Ccrnrrtittee. 

SECTION 2: Q!i?wa 

The Gaming Conunissianer's duties are ta: 

'I 

. Monitor ali garicg oaer3tions within the Tribe's 

jurisdiction. 

2. Document that all gazing operations are being conducted 

consistact with Tribal law, with Federal law, and with 

any existing state/Tribal conpact, and 

3. Provide written reports to the Business Committee no less 

frequently than once a mo3tb on the status of compliance 

of gaming operations with applicable law. 

The Gaming Cor~nissioner shaf 1 have unrestricted access to a1 1 

g2ming operatiors and to a1 : dacuments maintained by garnir.3 

o;erations. 

SECT tC)N 4: 

The Gaming Commissioner must rr~ett the sane qualifications zs 

required for the Director of Gairiing. 

SECTION 5: - 

L This Crdinz2:c s..a1 L Se ef f eciiy2 zpzr. a5optim. 

In the respective capacities as officers in the Citizen Band 

Potawatomi Indian Trlbe of Oklahoma, the ~r~dersignedo hereby 

certify the above and foregoing Ordinance is a true and correct 

c;py of Ordinance 

O@f I 1991, with 

- absent. 
MAY 1 7 19% 

Citizen Bend Potawelomi Lndian Tribe of Oklahoma 

Business Committee 

Ordinance Pot. Ord. No. 95- 21A 

BE IT ENACTED BY TEE BUSINESS COUH~ OF TEE CITIZEN BAND 

POTAWAlWlWI INDIAN TRlBE OF OKLAaOHA: 

The Citizen Band Potawatomi Gaming Ordinance is amended to 

read as follows: 

SECTION 1. CITATION 

This ordinance shall be known and may be cited as the "Citizen 

Band Potawatomi Gaming Ordinance1I and shall apply to all forms of 

gaming conducted within the jurisdiction of the Citizen Band 

Potawatomi Indian Tribe of Oklahoma. 

SECTION 2: PURPOSES 

The purposes of this ordinance are to promote the public 

order, peace; safety and welfare of all persons coming within the 

jurisdiction ..- of the Citizen Band Potawatomi Indian Tribe of 

Oklahoma, to provide a safe and wholesome means of recreational 

activity in a' community setting, and to provide a source of revenue 

for the operation of the programs and departments of the Tribal 

government by ensuring that any gaming activity conducted whether 

Class I, 11, or I11 is fair, responsible, and consistent with 

applicable federal law including the regulations and guidelines 

established by Public Law 100-497, known as "The Indian Gaming 

Regulatory Act, and/or any Tribal-State Compact to which the tribe 

is a party. This ordinance shall be liberally construed to promote 

these purposes. 

SECTION 3: DEFINITIONS 

Unless the context clearly indicates a different meaning, the 

following words are defined as: 

a. "Tribew (and any of its derivations) means the Citizen Band 

Potawatomi Indian Tribe of Oklahoma. 

b. U'Class I Gamingo means social games solely for prizes of 

minimal value or traditional forms of Indian gaming engaged in 

by individuals as a part of or in connection with Tribal 

ceremonies or celebrations. 

C. "Class 11 Gamingu' means 

[Additions are indicated by underline; deletions by -1 
(1) "Bingoffl which means a game of chance (whether or not 

electronic, computer, or other technologic aids are used in 

connection therewith) 

(a) played for prizes, including monetary prizes, with 

cards bearing numbers or other designations, 

(b) in which the holder of the card covers such numbers 

or designations when objects similarly numbered or 

designated, are drawn or electronically determined, 

and 

(c) in which the game is won by the first person covering a previously designated arrangement of numbers 

or designations on such cards, including (if played 

in the same location) pull tabs, lotto, punch 

bo,ards, tip jars, instant bingo, and other games 

similar to bingo, and 

(2) "Card Gamesw that: 

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

of Oklahoma, or 

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

State of Oklahoma and are played at any location in 

the State of Oklahoma, but only if such card games 

are played in conformity with those laws and regulations (if any) of the State of Oklahoma regarding 

hours or periods of operation of such card games or 

limitations on wagers or pot sizes in such card 

games. 

(3) The term Ifclass I1 Gamingm does not mean: 

(a) any banking card games, including baccarat, chemin 

de fer, or blackjack (21), or 

(b) electronic or electromechanical facsimile of any 

game of chance or slot machine of any kind 

d. flClass I11 Gaming" means all forms of gaming that are not 

Class I or Class I1 but are now or hereafter permitted by the 

State of Oklahoma. 

e. "Gross Revenue@l means the total revenues from the operation of 

gaming including among other things, entry fees, special 

session fees,' proceeds from the sale or rental of gaming cards 

or supplies, sale of food or drink and similar items. 

f. nlNet Revenuesnl means gross revenues of a gaming activity less 

amounts paid out as, or paid for, prizes and total operating 

[Additions are indicated by underline; deletions by f&&kee&] 
expenses including debt service but excluding management fees 

paid to a management contractor within the meaning of 25 

U.S.C. 5 27~1 (C). 

g. means all sums actually expended and reasonable and 

necessary for the gaming operation including, by example, 

supplies, equipment, non-cash prizes, facilities, security 

services, license fees, rent, employees and other personnel 

services. 

h. mwCourtul means the courts of the Citizen Band Potawatomi Indian 

Tribe of Oklahoma. 

i. g~Commissionul means the National Indian Gaming Commission. 

j. UWhairmanmm means the Chairman of the Commission. 

k. "Gaming commissioner^^ means the person appointed by the 

Business Committee pursuant to Pott. Ord. No. 92-12 (Oct. 2, 

1991). 

SECTION 4: APPLICATION OF NET REVENUES 

In compliance with 25 U.S.C. S 2710(b) (2) (B), net revenues from any 

gaming activity are not to be used for purposes other than: 

a. to fund Tribal government operations or programs; 

b. to provide for the general welfare of the Tribe and its 

members ; 

c. to promote Tribal economic development 

d. to donate to charitable organizations; 

e. to help fund operations of local Government Agencies; or 

f. any other purpose permitted under the Act. 

SECTION 5: GAMING PROHIBITED 

Except as provided herein no person shall conduct any form of 

gaming within Tribal Indian Country for which a charge is made or 

other consideration requested or required for participation, or to 

the winner of which any prize is awarded. 

SECTION 6: GAMING ALLOWED 

The only form of gaming allowed within Tribal Indian Country 

is that duly licensed and authorized by the Tribe and subject to 

the regulations of the Tribe and the Indian Gaming Regulatory Act, 

[Additions are indicated by underline; deletions by -1 
or any Tribal/state compact for Class I11 Gaming approved by the 

Chairman and the Secretary of the Bureau of Indian Affairs. 

The Tribe shall have sole proprietary interest in and be 

responsible for the conduct of all gaming operations. The Tribal 

Business Committee administers the Tribal gaming operations 

consistent with this ordinance. The Tribal Administrator, or in 

his absence, the Chairman of the Business Committee or his 

designee, shall be the liaison between the Business Committee and 

the Director of Gaming. The Gaming Commissioner monitors compliance with this ordinance, any tribal/state compacts, and all 

applicable federal or tribal laws. 

SECTION 8: MANAGEMENT OF GAMING OPERATIONS 

All gaming operations shall be administered by the Director of 

Gaming who is employed by and serves at the pleasure of the 

Business Committee. 

SECTION 9: LICENSE FOR LOCATION 

No Class I1 or Class I11 gaming shall be allowed at any 

location unless a separate license is issued by the Business 

Committee for such site. 

SECTION 10: PUBLIC SAFETY STANDARDS [AMENDED ] 

In compliance with 25 U.S.C. 3 2710(b)(d2)(E), the construction and maintenance of any gaming facilities, and the operation of 

gaming activities, shall be conducted in a manner which adequately 

protects the environment and the public health and safety and for 

that purpose shall comply with the requirements of any applicable 

Tribal-State Compact and all other applicable health, safety and 

environmental stdndards enacted by the Tribe. 

SECTION 11: QUALIFICATIONS OF DIRECTOR OF GAMING 

The Director of Gaming must: 

a. Never have been convicted of a felony, gaming offense or 

crime involving dishonesty or moral turpitude. 

b. Not have been convicted of any offense except traffic 

violations within two years from the date of employment. 

c. Not be a member of the Business Committee or Grievance 

Committee or related to any member of the Business Committee or 

Grievance Committee by blood or marriage within the second degree. 

[Additions are indicated by underline; deletions by 
d. Not have had his surety bond forfeited or been criminally 

convicted of or found civilly liable for any breach of fiduciary 

duty to the tribe or have been impeached or removed from Tribal 

office. 

e. Be bondable in the necessary amounts. 

f. Meet any other applicable qualifications as prescribed in 

the Indian Gaming Regulatory Act. 

SECTION 12: DUTIES OF DIRECTOR OF GAMING 

The duties of the Director of Gaming are to: 

a. Manage and conduct all forms of gaming and concessions of 

the Tribal gaming operation allowed under this ordinance. 

b. Timely submit all reports required by the Business 

Committee and any applicable law. 

c. Account for all monies and properties entrusted to him. 

d. Perform any other duties established by the Business 

Committee. 

e. Perform the responsibilities and duties assigned in 

Section 17. 

SECTION 13: CONDUCT OF GAMING OPERATIONS 

The Director of Gaming shall conduct the gaming operation 

consistent with the following: 

a. The rules of play and operation of the game as prescribed 

and approved by the Business Committee. 

b. Each and every player has a fair and equal opportunity to 

win. 

c. The method of winning and the prize or prizes for each 

game should be clearly outlined before each game. 

d. The winner or winners of each game shall be verified in 

a manner that all present may witness. 

e. No person who is conducting or assisting in the gaming 

operation shall not participate directly or indirectly in the play 

of that game. 

f. No person under the age of sixteen (16) years of age 

shall be permitted to play for any reason. 

[Additions are hdicated by underline; deletions by -1 
g. He shail make sole and final determination as to the 

validity of a winner or winners at the conclusion of the game at 

which they were a winner. 

h. No alcoholic beverages or drugs of any kind shall be 

permitted in the' facility during the time that the facility is 

being used for the gaming operation, unless the Business Committee 

has issued an Alcoholic Beverage license for on-premises consumption. 

i. No person under the influence of intoxicants, drugs or in 

any violation of Tribal law or ordinance shall be permitted to 

engage in any form of gaming nor to remain in the building when 

gaming is being conducted. 

j. Trash should be separate to facilitate recycling and 

efforts should be made to protect the environment. 

SECTION 14: EMPLOYEES 

a. All persons employed in the gaming operation shall be 

licensed by the Director of Gaming as prescribed by the Indian 

Gaming Regulatory Act or any tribal-state compact for Class I11 

gaming. 

b. Each employee will wear their license in a visible manner 

when operating or assisting in the operation of a gaming facility. 

c. No person shall be employed whose prior activity, 

criminal record, if any, or reputation, habits and associations 

pose a threat to the public interest or the effective regulation of 

gaming, or create or enhance the dangers of unsuitable, unfair or 

illegal practices and methods and activities in the conduct of 

gaming. 

d. As necessary, the Business Committee may require the 

director of gaming or any other "keyu employee to be bonded in an 

amount not less than $50,000 payable to the tribe. 

e. Background investigations will be conducted on the 

primary management officials and key employees as prescribed in the 

Indian Gaming Regulatory Act, federal regulations, or any tribalstate compact for Class I11 gaming and the results forwarded to the 

Commission prior to the issuance of licenses. 

f. When licenses are issued, the Director of Gaming will 

promptly notify the Commission as described in the Indian Gaming 

Regulatory Act, federal regulations, or any tribal-state compact 

for Class I11 gaming. 

g. The Director of Gaming shall employ qualified tribal 

members in preference to other equally-qualified applicants for 

[Additions are indicated by underline; deletions by sW&kee&] 
work, but shall not be required to employ or retain in employment 

unqualified tribal members. 

BECTION 15: RECORDB 

The Director of Gaming shall keep and maintain records 

concerning all gaming operations. These records shall be audited 

annually and the audit reports shall be open for inspection by any 

Tribal member at the office of the Tribal Administrator. 

SECTION 16: EMPWYEEB LICENSED [AMENDED] 

The Tribe shall ensure that the policies and procedures set 

out in this section are implemented with respect to key employees 

and primary management officials employed at any Class I1 gaming 

enterprise operated on Indian lands: 

a. Definitions. For the purposes of this section, the 

following definitions apply: 

(1) Key employee means those key employees as defined in 

any statute or regulation and at a minimum include: 

(a) A person who performs one or more of the 

following functions: (1) Bingo caller; (2) counting room supervisor; (3) Chief of Security; (4) Custodian of gaming supplies or 

cash; (5) Floor manager; (6) Pit boss; (7) Dealer; (7) Dealer; (8) 

Croupier; (9) Approver of credit; or (10) Custodian of gambling 

devices including persons with access to cash and accounting within 

such devices. 

(b) If not otherwise included, any other person 

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

(c) If not otherwise included, the four most 

highly-compensated persons in the gaming operation. 

(2) Primary management official means: 

(a) Thepersonhavingmanagementresponsibility for 

a management contract; 

(b) Any person who has authority to hire and fire 

employees or to set up working policy for the gaming operation; or 

(c) The chief financial officer or other person who 

has financial management responsibility. 

7 

[Additions are indicated by underline; deletions by &&&em&] 
b. ~pplication Forms 

(1) The following notice shall be placed on the 

application form for 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.A. 1 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 staff who have need for the information 

in the performance of their official duties. The information 

may be disclosed to appropriate Federal, 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 Gaming 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 official or key employee position." 

The disclosire of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result in 

errors in processing your application. 

(2) Existing key employees and primary management 

officials shall be notified in writing that they shall either: 

(a) Complete a new application form that contains 

a Privacy Act notice; or 

(b) Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described in that notice. 

(3) The following notice shall be placed on the 

application form for a key employee or a primary official before 

that form is filled out by an applicant: 

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

for firing you after you begin work. Also, 

you maybe punished by fine or imprisonment. 

(U.S. Code, Title 18, Section 1001). 

8 

I 

[Additions are indicated by underline; deletions by -1 
(4) The Tribe shall notify in writing existing key 

employees and primary management officials that they shall either: 

(a) Complete a new application form that contains 

a notice regarding false statements; or 

(b) Sign a statement that contains the notice 

regarding false statements 

c. Background Investigations 

(1) The Tribe shall request from each primary management 

official and from each key employee all of the following information: 

(a) Full name, other names used (oral and written), 

social security number(s), birth date, place of birth, citizen 

ship, gender, all languages (spoken or written) ; 

(b) Currently and for the previous five years: 

business and employment positions held, ownership interests in 

those businesses, business and residence addresses, and driver's 

license numbers; 

(c) The names and current addresses of at least 

three personal references, including one personal reference who was 

acquainted with the applicant during each period of residence 

listed under Paragraph (i)(2) of this section; 

(d) Current business and residence telephone 

numbers ; 

(e) A description of any existing and previous 

business relationships with Indian tribes, including ownership 

interests in those businesses; 

(f) A description of any existing and previous 

business relationships with the gaming industry generally, 

including ownership interests in those businesses; 

(g) 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; 

(h) 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; 

(i) For each misdemeanor conviction or ongoing 

misdemeanor prosection (excluding minor traffic violations), within 

ten years of the date of the application, the name and address of 

the court involved and the date and disposition; 

[Additions are indicated by underline; deletions by -1 
(j) For each criminal charge (excluding minor 

traffic charges), whether or not there is a conviction, if such 

criminal charge is within ten years of the date of the application 

and is not otherwise listed pursuant to Paragraph (i)(8) or (i)(9) 

of this section, the criminal charge, the name and address of the 

court involved and the date and disposition; 

(k) The name and address of any licensing or 

regulatory agency with which the person has filed an application 

for an occupational license or permit, whether or not such license 

or permit was granted; 

(1) A current photograph; 

(m) Any other information the Tribe deems relevant; 

and 

(n) Fingerprints consistent with procedures adopted 

by the Tribe according to 25 C.F.R. 5 522.2(h); by engaging either 

a city, county or a State or Federal Tribal law enforcement agency 4-7 AbAA bCL 

(0) The Tribe shall conduct an investigation 

sufficient to make a determination under Subsection (d) below. In 

conducting a background investigation, the Tribe or its agent shall 

promise to keep confidential the identity of each person interviewed in the course of the investigation. 

d. Eligibility Determination. The Tribe shall review a 

person's prior activities, criminal record, if any, and reputation, 

habits and associations to make a finding concerning the eligibility of a key employee or primary management official for employment 

in a gaming operation. If the Tribe determines that employment of 

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

effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming, a tribal gaming operation shall not 

employ that person. 

e. procedures for Forwarding Applications and Reports for 

Key Employees and Primary Management Officials to the Nation Indian 

Gaming Commission. 

(1) When a key employee or primary management official 

begins work at a gaming operation authorized by this ordinance, the 

Tribe 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 Subsection 

(c) of this section. 

(2) The Tribe shall forward the report referred to in 

this subsection to1 the National Indian Gaming Commission within 60 

days after an employee begins work or within 60 days of the 

[Additions are indicated by underline; deletions by &-&kee&] 
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 90 days. 

f. Report to the National Indian Gaming Commission. 

(1) Pursuant to the procedures set out in Subsection (e) 

of this section, the Tribe 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: 

(a) Steps taken in conducting a background 

investigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

(d) The basis for those conclusions. 

(2) The Tribe shall submit, with the report, a copy of 

the eligibility determination made under Subsection d of this 

section. 

(3) If a license is not issue to an applicant, the 

Tribe: 

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

(b) May forward copies of its eligibility determination and investigative report (if any) to the National Indian 

Gaming Commission for the inclusion in the Indian Gaming Individuals Records System. 

(4) 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 Commission or his or her 

designee for no less than three (3) years from the date of 

termination of employment. 

g. Granting a Gaming License. 

(1) If, within a thirty (30) day period after the National Indian Gaming Commission receives a report, the National 

Indian Gaming Commission notifies the Tribe that it has no 

objection to the issuance of a license pursuant to a license 

[Additions are indicated by underline; deletions by -1 
application filed by a key employee or a primary management 

official for whom the Tribe has provided an application and investigative report to the National Indian Gaming Commission, the Tribe 

may issue a license to such applicant. 

(2) The Tribe 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 Paragraph (g) (i) of this section 

until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

(3) If, within the thirty (30) day period described 

above, the National Indian Gaming Commission provides the Tribe 

with a statement itemizing objections to the issuance of a license 

to a key employee or to a primary management official for whom the 

Tribe has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

h. License' Suspension. 

(1) If, after the issuance of a gaming license, the 

Tribe receives from the National Indian Gaming Commission reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under Subsection (d) above, 

the Tribe shall suspend such license and shall notify in writing 

the licensee of the suspension and the proposed revocation. 

(2) The Tribe shall notify the licensee of a time and a 

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

(3) After a revocation hearing, the Tribe shall decide 

to revoke or to reinstate a gaming license. The Tribe shall notify 

the National Indian Gaming Commission of its decision. 

8ECTION 17: PROCEDURES FOR BACKGROUND INVESTIGATIONS [AMENDED] 

The Citizen Band Potawatomi Indian Tribe of Oklahoma is 

responsible for the conduct of the background investigations and 

suitability to determinations for licensing of key employees and 

primary management officials. 

a. Organizational Chart. 

(1) Citizen Band Potawatomi Indian Tribal Director of 

Gaming. The Citizen Band Potawatomi Indian Tribal Director of 

Gaming under the gaming ordinance shall be ultimately responsible 

for conducting and/or causing to be conducted the background 

[Additions are indicated by underline; deletions by 
investigations on key employees and primary management officials. 

The Director of Gaming may cause the background investigations to 

be conducted by persons approved by the Business Committee, but the 

Director of Gaming shall ultimately be responsible for reviewing 

and approving the investigative work performed. The Director shall 

make all determinations concerning the licensing of key employees 

and primary management officials. The results of the background 

investigation shall be reported by the Director to the National 

Indian Gaming Commission. The Director may conduct the investigations personally or may, with the approval of the Gaming Commission, employ investigators to conduct the background investigations 

on behalf of the Gaming Commission. . . The Director shall be 

responsible for fts. 

coordinatinq with the appropriate law enforcement 

agencies c; 2-=. My a&he&+& to obtain and process 

fingerprints for the background check as it relates to fingerprints. 

(2) Investigators. Investigators may be employed by the 

Director to assist in background investigations. Any investigators 

employed for background investigations will be under the supervision of the Director. All reports of the investigators will be 

forwarded to the Director, who shall make the reports a part of the 

Director's final investigative report submitted to the National 

Indian Gaming Commission. 

(3) Selection of Responsible Individuals. Persons responsible for the background investigations are granted the 

authority under the Tribal Ordinance. 

b. ~nvestigative Procedures 

(1) Information Required. The Tribe shall secure from 

each key employee or primary management official applicant all 

information required by the tribal gaming ordinance, federal law, 

and regulation. 

(2) Check List. The Tribe shall create a check list 

which shall be used in the verification process. This list shall 

indicate that each item of information received from the primary 

management official or key employee applicant has been verified 

through written or oral communication. 

(3) Personal Interviews. In inquiring into the 

applicant's character, the Tribe shall interview a sufficient 

number of knowledgeable people such as former employers, personal 

references, and any other individuals which may have information as 

to the reputation, habits and associations of the applicant. The 

Tribe shall interview as many individuals as is necessary -- but in 

no event shall the number of persons interviewed be less than five 

-- sufficient to make a finding concerning the eligibility for 

employment in the gaming operation. 

[Additions are indicated by underline; deletions by &-&be€&] 
c. Investigative Report 

(1) Content. The final investigative report shall 

identify all potential problem areas as discovered during the 

investigation and shall state the final resolution of each problem 

area. Further, the final report shall specifically identify the 

information which formed the basis for the rejection or disqualif ication of any applicant. 

(2) Procedure. The final investigative report submitted 

to the National Indian Gaming Commission shall set forth in detail 

the procedure followed by the tribe in conducting the background 

investigation. 

(3) Disclosure. The final report submitted to the 

National Indian Gaming Commission shall set forth in detail the 

results of the investigation, including the disclosure of all 

potential problems in the applicant's background and, in detail, 

the facts which demonstrate the existence of the problem. 

(4) Recommendation. The final investigative report 

shall state whetlier the applicant should or should not be granted 

a license and shall state, in detail, the facts that support the 

grant or denial of said license. 

SECTION 18: ANNUAL AUDIT 

The Business Committee will annually provide the Indian Gaming 

Commission with a copy of that portion of the audit prepared by the 

Tribe's independent auditor that relates to the gaming. This audit 

will include, among other matters, all contracts for supplies, 

services (except legal or accounting) or concessions in excess of 

$25,000 annually that relate to the gaming operation. 

SECTION 19: GAMING ACCOUNT 

By resolution, the Tribe by Business Committee shall designate 

one banking account as the Tribal "Gaming Account." The account 

shall be maintained in a financial institution designated by the 

Business Committee. The Gaming Account shall be subject to the 

Annual Audit. Gross revenues derived from the conduct of Tribal 

gaming operations, excluding any cash payouts made during a Gaming 

session shall be deposited in the Tribal Gaming Account. No other 

monies shall be commingled with the Tribal Gaming Account. Except 

as specifically approved by the Business Committee, disbursement 

from the Tribal Gaming Account will only be made to pay reasonable 

and necessary expenses and will only be made on checks endorsed by 

both the Tribal Administrator and the Director of Gaming. Net 

revenues are to be transferred monthly to the Tribe's General Fund 

account to be disbursed solely as authorized by Business Committee 

appropriation. 

14 

[Additions are 4ndicated by underline; deletions by -1 
SECTION 20: SUPPLIES AND EQUIPMENT 

All reasonable and necessary expenses of the gaming operation 

must be approved by the Tribal Administrator. Provided further 

that all contracts for purchases of supplies, concession or 

services (excluding contracts for professional, legal or accounting 

services) in excess of $5,000 must receive prior approval of the 

Business Committee, which shall be obtained by the Director of 

Gaming by submitting the proper requisition. All purchases of 

equipment, materials, concessions and food or any other item paid 

from the Gaming Account shall be the property of the Tribe. 

SECTION 21: LOCATION AND SCHEDULE OF GAMING 

All gaming sessions authorized herein shall be conducted at a 

place within Tribal Indian Country and on such days and times as 

may be approved by the Business Committee The location and time 

for conducting Class I11 Gaming shall be consistent with any 

Tribal-state compact. 

SECTION 22: DIBCRIMINATION 

Notwithstanding any other provision of this section, The 

Business Committee or the Director of Gaming may bar any person 

from admittance to any Tribal gaming facility for any or no reason 

whatsoever. However, no person shall be discriminated against 

because of his race, color, creed, sex or natural origin 

SECTION 23: PROCEDURES FOR DISPUTE RESOLUTION 

In the event of an alleged personal injury or property damage 

suffered by a patrol of the gaming facility, or in the event of a 

dispute between a patron and the gaming enterprise regarding the 

payment of bet or distribution of winnings, the patron may make a 

claim against the gaming enterprise as follows: 

a. Making Claim. Any patron having a claim against the 

gaming enterprise shall present a claim to the gaming enterprise 

for any appropriate relief including the award of money damages. 

Claims against the gaming enterprise are to be presented within 

ninety (90) days of the date the loss occurs. In the event a claim 

is not presented following ninety (90) days after the loss occurs, 

but within one (1) year after the loss occurs, any judgment in a 

lawsuit arising from the act which is the subject of the claim 

shall be reduced by ten (10) percent. A claim against the gaming 

enterprise shall be forever barred unless notice thereof is 

presented within one (1) year after the loss occurs. A claim 

against the gaming enterprise shall be in writing and filed with 

the Tribal Gaming Commission at the address of the gaming facility. 

Notices explaining this procedure shall be posted in the gaming 

facility. Such notices shall explain that this procedure is the 

exclusive method of making a tort claim or registering a patron 

[Additions are indicated by underline; deletions by ds&kee&] 
dispute about payment of a bet or a distribution of winnings. Such 

notices shall explain that upon denial of a claim redress must be 

sought exclusively in Tribal Court. 

b. Notice. The written notice of claims of the gaming 

enterprise shallstate the date, time, place and circumstances of 

the claim, the identity of the tribal or gaming employees, if 

known, the amount of compensation or other relief demanded, the 

name, address and telephone number of the claimant, and the name, 

address and telephone number of any agent authorized to settle the 

claim. 

c. Denial. A claim is deemed denied if the gaming enterprise fails to approve the claim in its entirety within ninety (90) 

days of receipt, unless the interested parties have reached a 

settlement before the expiration of that period. A person may not 

initiate suit against the gaming enterprise unless the claim has 

been denied in whole or in part. The claimant and the gaming 

enterprise may continue attempts to settle a claim; however, 

settlement negotiations do not extend the date of denial. 

d. ~imitat'ions. No action for any cause arising from 

personal injury, property damage, or patron gaming dispute shall be 

maintained unless valid notice has been given and the action is 

commenced in a tribal court within 180 days after denial of the 

claim as set forth herein. Neither the claimant nor the gaming 

enterprise may extend the time to commence an action by continuing 

to attempt settlement of the claim. 

SECTION 24: REPORT OF WINNERS 

No prize shall be awarded unless the winner has fairly won 

without any collusion with the Director of Gaming or any of his 

employees or agents. A receipt acknowledging acceptance and 

receipt of the prize awarded must be signed by any winner regardless of the amount. The Director of Gaming has the authority to 

hold the payment of any winnings indefinitely until the final 

verification of authentic winning has been determined whether by 

inquiry or electronic means of validation upon the approval of the 

Tribal Administrator or Business Committee. The Director of Gaming 

or his designee shall make accurate and timely reports to the 

Internal Revenue Service of any winners at any gaming facility 

whose prize winnings exceed the minimum limits set by the Internal 

Revenue Service. In which case, acceptable proof of winnersv name, 

address, and social security number must be presented to the 

Director of Gaming or his designee in order to be paid prizes. 

SECTION 25: CRIMINAL PENALTIES 

Any person or firm violating the provisions of this chapter 

shall be guilty of an offense and shall, upon conviction thereof, 

be punished as provided by law. If a person is convicted in Tribal 

[Additions are indicated by underline; deletions by -1 
court, 

period 

months 

he may bepunished by confinement in the Tribal jail for a 

of not less than ten (10) days and no more than six (6) 

or by a fine of not less than $500 and no more than $5,000 

or by both such iine and imprisonment. 

SECTION 26: SERVICE OF PROCESS 

All notices or process made pursuant to this ordinance may be 

made by directing said notice to: 

Director of Gaming 

Citizen Band Potawatomi Indian Tribe of Oklahoma 

1901 S. Gordon Cooper Drive 

Shawnee, OK 74801 

cc: Tribal Administrator 

Citizen, Band Potawatomi Indian Tribe of Oklahoma 

1901 S. Gordon Cooper Drive 

Shawnee, OK 74801 

SECTION 27: REPEALER 

Any prior gaming ordinances and all other ordinances inconsistent herewith are hereby repealed. 

SECTION 28: EFFECTIVE DATE 

This Ordinance shall become effective on the date of approval. 

CERTIFICATION 

In their respective capacities as officers of the Citizen Band 

Potawatomi Indian Tribe of Oklahoma, the undersigned do hereby 

certify that the, above and foregoing Ordinance is a true and 

correct copy of Ordinance #95- L , as approved on the29 day 

of FC~AVAPY , 1995, with 5 voting for, 0 oppwed, 

and absent. A 

. RZ- - ?a/- 

Bob F. Davis 

Secretary/Treasurer 

[Additions are indicated by underline; deletions b 

February 11. 1995 F: \TEXI\CLIENTS\~~\G~kl 
Citizen Band Potawatcrni Izdlan Tribe of Oklahc~~a 

Bus~r~ezs Cor-~,i t:ee 

Or.linar,ce ?3tt. Ord. No. 92-12 

BE IT ENACTED , BY THE 9V9INZS-3 C3W.ITTEE OF THE CITIZEN BAND 

POTAWATOMI INDIAN TR ISE CF OKLhSCHP.: 

SECTION 

The 

1: 

Business 

SAkm~ 

Cornrr~i 

- 

ttee shall mr;?;al!y appcint or reagp:;:,: s 

~3mrng rer, xhs shall s2rve a'. the p!eas>re 2f t:.~ 

Elisiness Ccmnti t tee. 

SECTION 2: L?u.w 

The Gaming Commissisner's duties are te: 

1 

. Monitor a;i gzr.i2g o~erstions within the Tribe's 

2urisdiction. 

2. Docunent that all gming crerations are beirg conducted 

consiste~t with Tribal law, with Federal law, and with 

any existing state/Tribal compact, and 

3. Provide w r i t t e n r e p o r t s to the Business Committee no less 

frequently than once a month on the status of compliance 

of gaming operations with applicable law. 

The Gaming Comissioner shall have unrestricted access to all 

g3rning operations and to al: $atusents naintained by gaini~g 

cierations. 

SECTION 4: 

The Gaming Ccmissioner must net: the sane qualifications as 

re~uired for the Director of Gairiisg. 

SECTION 

This 

5: 

Crdi2a?.cs 

- 

sy-al i k.? ef fe~tive zpzn aiopti~n. 

In the respective capacities as officers in the Citizen Band 

Potawatoml Indian Trrbe of Oklahoma, the ur-dersigned do hereby 

certify the abcve and foregoing Crdinartce is a true aqd correct 

c;py of Ordinance 192-12, as approved on the day of 

Oer , 1991, wlth ad- voting for, 0 vot>gg against, and 

absent. 

~db f. Davis, 

SecretarylTreasurer 8 *