WYANDOTTE TRIBAL GAMING ORDINANCE

WYANDOTTE TRIBE OF OKLAHOMA
WYANDOTTE TRIBAL G~WTWG ORDINANCE -

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1. STATEMENT OF POLICY It is the purpose of this ordinance

to provide for the sound regulation of all gaming activities on

lands within the jurisdiction of the Wyandotte Tribe, in order to

protect the public interest in the integrity of such gaming

activities, to prevent improper or unlawful conduct in the course

of such gaming activities, to str~ngthen Tribal self-government and

to promote economic self-sufficiency of the Wyandotte Tribe.

2. DEFINITIONS For purposes of this Ordinance:

(a) Act means the Indian Gaming Regulatory Act, Pub.L. 100-

497, 25 U.S.C. § 2701 et seq

(b) Chairman means the Chairman of the Wyandotte Tribe

Gaming Commission established by this ordinance.

(c) Class II gaming means Class II gaming as defined in

accordance with the Act, 25 U.S.C. § 2703 (7) (A).

(d) Class III gaming means Class III gaming as defined in

accordance with the Act, 25 U.S.C. § 2703 (8).

(e) Commission means the Wyandotte Tribe Gaming Commission

established by this ordinance.

(f) Compact means a compact entered into by the Wyandotte

Tribe and any state which regulates Class III gaming.

(g) Enterprise means the Wyandotte Gaming Enterprise

established by the Tribe to conduct all gaming operations of the

Tribe.

(h) Executive Director means the Executive Director of the

Wyandotte Tribe Gaming Commission established pursuant to this

Ordinance.
(i) Gaming employee means gaming employee(s) of the

Enterprise and shall include primary management officials and key

employees of the gaming corporation as defined in the Act.

(j) Gaming facilities means any room or rooms in which

Class II gaming or Class III gaming is conducted on the

Reservation.

(k) National Indian Gaming Commission means the National

Indian Gaming Commission established pursuant to 25 U.S.C. § 2704.

(1) Net revenues means gross revenues of a Class II Gaming

or of a Class III gaming activity less amounts paid out as, or paid

for, prizes and total operating expenses including debt service but

excluding management fees paid to a management contractor within

the meaning of 25 U.S.C. § 2711 (C).

(m) Ordinance means this Wyandotte Tribal Gaming Ordinance.

(n) State means any State wherein the Wyandotte Tribe

conducts Class II or Class III gaming.

(o) State gaming agency means any such agency as the State

may establish to carry out any regulatory responsibilities under a

compact with the Wyandotte Tribe.

(p) Tribe means the Wyandotte Tribe.~

3. ADOPTION OF COMPACT Any Compact entered into between

the Tribe and a State which is subsequently approved by the

Secretary of the Interior and published in the Federal Register is

hereby incorporated within and enacted as an integral part of this

ordinance with respect to all forms of Class III gaming; provided,

however, that nothing in the adoption of the Compact herein shall

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be deemed to affec~t the operation of the Tribe of any Class II

gaming, whether conducted within or without the gaming facilities,

or to confer upon the State any jurisdiction over such Class II

gaming conducted by the Tribe on its reservation.

4. AUTHORIZATION FOR GAMING ACTIVITIES

(a) Forms of Class III gaming authorized The Tribe may

conduct or operate all forms of 4Class III gaming authorized under

any Compact.

(b) A~it~hrn-itv fnr C~1~ss c~mina In addition to the forms of

Class III gaining authorized under any compact, the Tribe shall be

authorized to conduct all forms of Class II gaming within Tribal

Indian Country, including without limitation any form of bingo

(whether or not electronic, computer, or other technologic aids are

used in connection therewith), pull-tabs, lotto, punch boards, tip

jars, instant bingo, and other games similar to bingo so long as

played at the same location as bingo.

5. COMPLIANCE WITH THE ACT. This Ordinance shall be

construed in a manner which conforms to the Act in all respects,

and if inconsistent with the Act in any~ manner the provisions of

the Act shall govern.

(a) Limitation on gaining operations In compliance with 25

U.S.C. § 2710(b) (2) (A), the Tribe shall have the sole proprietary

interest and responsibility for the conduct of any gaming activity

in Indian Country; provided, however, that nothing herein shall

interfere with the exercise by any secured party of its rights

under any collateral lease, leasehold mortgage or other financing

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agreement with the Tribe to enforce its security interests in the

premises on which such gaming activities may be conducted, or to

enforce its rights against gross revenue of the Tribe from its

gaining activities for the purpose of repayment of the debt

obligations of the Tribe to such secured party in accordance with

the provisions of such agreements.

(b) Application of net r~venues In compliance with 25

U.S.C. § 2710(b) (2) (B), net revenues from any gaming activity are

not to be used for purposes other than:

(i) to fund Tribal government operations or programs;

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

its members;

(iii) to promote Tribal economic development

(iv) to donate to charitable organizations;

(v) to help fund operations of local Government

Agencies, or

(vi) any other purpose permitted under the Act.

(c) Annual Audit. In compliance with a U.S.C. § 2710 (b) (2)

(c) and (d), all gaming activities sha]4~be subject to an audit by

independent certified public accountants, z~ot less than annually,

and copies of the annual audit shall be provided to the National

Indian Gaming Commission. All contracts for supplies, services, or

concessions for a contract amount in excess of $25,000 annually

(except contracts for professional legal or accounting services)

relating to Class II or Class III gaming shall be subject to such

audits.

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(d) Public Safety Standards. In compliance with 25 U.S.C.

S 2710 (b) (d2) (E), the construction and maintenance of any gaming

facilities, and the operation of gaming activities, shall be con

ducted in a manner which adequately protects the environment and

the public health and safety and for that purpose shall comply with

the requirements of the Compact and all other applicable health,

safety and environmental standa~Is enacted by the Tribe.

6. Licenses for Key Employees 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 II gaming enterprise operated on Indian

lands:

(a) Definitions For the purposes of this section, the

following definitions apply:

(i) Key employee means those key employees as defined

in any statute or regulation and at a minimum

include:

1. A person who performs one or more of the

following functions~ (1) Bingo caller; (2)

Counting room superv~isor; (3) Chief of

Security; (4) Custodian of gaming supplies or

cash; (5) Floor manager; (6) Pit boss; (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.

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2. If not otherwise included, any other person

whose total cash compensation is in excess of

$50,000 per year; or

3. If not otherwise included, the four most

highly-compensated persons in the gaming

operation.

(ii) Primary managemer4t official means:

1. The person having management responsibility

for a management contract;

2. Any person who has authority to hire and fire

employees or to set up working policy for the

gaming operation; or

3. The chief financial officer or other person

who has financial management responsibility.

(b) Application 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~ Xct of 1974,

the following information is provided:

Solicitation of the information on this form

is authorized by 25 U.S.C.A. § 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

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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 tribes being unable to hire you

in a primary management official or key

employee position.

The disclosure of your Social Security Number

(SSN) is voluntary. However, failure to

supply a SSN may result in errors in

processing your application.

(ii) Existing key employees and primary management

officials shall be notified in writing that they

shall either:

1. Complete a new application form that contains

a Privacy Act notice; or

2. Sign a statement that contains the Privacy Act

notice and consent to the routine uses

described in that notice.

(iii) The following notice shall be placed on the

application form for a k~y.,~employee or a primary

official before that form is filled out by an

applicant:

A false statement on any part of your appli

cation 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).

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(iv) The Tribe shall notify in writing existing key

employees and primary management officials that

they shall either:

1. Complete a new application form that contains

a notice regarding false statements; or

2. Sign a statement that contains the notice

regarding f~lse statements

(c) Background Investigations

(i) The Tribe shall request from each primary

management official and from each key employee all

of the following information:

1. 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);

2. Currently and for the previous five years:

business and employment positions held,

ownership interests in those businesses,

business and reside~ce addresses, and drivers

license numbers;

3. 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;

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Current business and residence telephone

numbers;

5. A description of any existing and previous

business relationships with Indian tribes,

including ownership interests in those

businesses;

6. A descripti9n of any existing and previous

business relationships with the gaining

industry generally, including ownership

interests in those businesses;

7. The name and address of any licensing or

regulatory agency with which the person has

filed an application for a license or permit

related to gaming, whether or not such license

or permit was granted;

8. For each felony for which there is an ongoing

prosecution or a conviction, the charge, the

name and address of the court involved, and

the date and dispos~tion, if any;

9. 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;

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10. 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 (1) (9) of this section, the criminal

charge, the~ name and address of the court

involved and the date and disposition;

11. 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;

12. A current photograph;

13. Any other information the Tribe deems

relevant; and

14. Fingerprints consistent with procedures

adopted by the Tribe according to 25 C.F.R.

§ 522.2(h); by engaging either a city, county

or a State or Tribal law~enforcement agency or

a private individual with experience in taking

fingerprints.

15. The Tribe shall conduct an investigation

sufficient to make a determination under

Subsection (d) below. In conducting a

background investigation, the Tribe or its

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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

persons prior activities, criminal record, if any, and reputation,

habits and associations to make a finding concerning the

eligibility of a key employee o~ 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 gaining, 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

(i) 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 employinent~ and conduct the

background investigation and make the determination

referred to in Subsection (d) of this section.

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

Subsection (f) of this section to the National

Indian Gaming Commission within 60 days after an

employee begins work or within 60 days of the

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approval of this ordinance by the Chairman of the

National Indian Gaming Commission.

(iii) The gaining 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

(i) 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:

1. Steps taken in conducting a background

investigation;

2. Results obtained;

3. Conclusions reached; and

4. The basis for those conclusions.

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

the, eligibility determina~tion made under Subsection

(d) of this section.

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

Tribe:

1. Shall notify the National Indian Gaining

Commission; and

2. May forward copies of its eligibility

determination and investigative report (if

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any) to the National Indian Gaming Commission

for the inclusion in the Indian Gaming

Individuals Records System.

(iv) With respect to key employees and primary

management officials, the Tribe shall retain

applications for employment and reports (if any) of

background inves~tigations 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

(i) 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

application filed by a key employee or a primary

management official for whom the Tribe has provided

an application and in~stigative report to the

National Indian Gaming comi~ission, the Tribe may

issue a license to such applicant.

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

(ii)

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day period under Paragraph (g) (i) of this section

until the Chairman of the National Indian Gaining

Commission receives the additional information.

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

above, the National Indian Gaining Commission

provides the Tribe with a statement itemizing

objections to th~ 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 Gaining

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

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

Tribe receives from the National Indian Gaming

Commission reliable infq~ination 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.

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

plade for a hearing on the proposed revocation of a

license.

(iii) 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.

7. LICENSE LOCATIONS The Tribe shall issue a separate

license to each place, facility or location on Indian lands where

Class II and/or Class III gaming is conducted under this ordinance.

8. PENALTIES Any individual who violates any provision of

this Ordinance, including the provisions of any Compact

incorporated herein, shall be subject to civil penalties including

exclusion from employment by any Tribal gaming enterprise,

exclusion from attendance at any Tribal gaming facility, exclusion

from Wyandotte Indian Country if a non-Indian or, with respect to

any person subject to the jurisdiction of the Tribe to impose such

fines, a fine of not more than $500 for~each such violation. The

Commission established pursuant to this Or~inance shall have the

jurisdiction to impose any such penalties on any person within the

jurisdiction of the Tribe.

9. TRIBAL GAMING COMMISSION

(a) Establishment of Commission There shall be established

a three member Wyandotte Tribal Gaming Commission consisting of the

Chief and two other members, who shall be appointed by the Business

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Committee, at least two of whom shall be members of the Tribe, but

none of whom shall~be employees of the Enterprise, and who shall

each serve for a term of three years commencing on the date of

their appointment; provided, that, as to the initial members so

appointed, one of the initial members appointed shall be designated

to serve for an initial term of one year and one of the initial

members appointed shall be desigpated to serve for an initial term

of two years. The Chief will be appointed a permanent member and

shall be the Chairman of the Commission. The members of the

Commission shall serve on a part time basis and the compensation of

members of the Commission shall be established by the Tribal

Business Committee. Members of the Commission may be removed for

cause by a majority vote of the members of the Tribal Business

Committee. Vacancies in the Commission must be filled by

appointment by the Tribal Business Committee. No member or

employee of the Commission shall participate as a player in any

gaming activity conducted by the Tribe.

(b) Powers and duties of the Commission The Commission

shall have the following powers and dut4es:

(i) The Commission shall have primary responsibility

for oversight of Tribal gaming operations to assure

the integrity of such operations and shall, for

that purpose, employ nonuniformed inspectors who

may be present in all gaming facilities during all

hours of operation and who shall be under the sole

supervision of the Commission and not under the

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supervision of any management employees of the

Tribal gaming operations. Such inspectors shall

have unfettered access to all areas of the gaming

facilities at all times, and personnel employed by

the Enterprise shall for such purposes provide such

inspectors access to locked and secure areas of the

gaming facilities~ in accordance with the standards

of operation and management promulgated pursuant to

any Compact. Such inspectors shall report to the

Commission regarding any failure by the Enterprise

to comply with any of the provisions of any Compact

or this Ordinance and any other applicable laws and

ordinances. Inspectors assigned by the Commission

may also receive consumer complaints within the

gaming facilities and shall assist in seeking

volUntary resolution of such complaints.

Inspectors appointed by the Commission shall be

licensed as gaming employees in accordance with any

Compact.

(ii) The Commission may, on its own initiative,

investigate any aspect of the operations of the

Enterprise in order to protect the public interest

in the integrity of such gaming activities and to

prevent improper or unlawful conduct in the course

of such gaming activities, and shall investigate

any report of a failure of the Enterprise to comply

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with the provisions of any Compact or this

Ordinance and may require the Enterprise to take

any corrective action deemed necessary by the

Commission upon such terms and conditions as the

Commission may determine appropriate. The

Commission may compel any person employed by or

doing business wj~h the Enterprise to appear before

it and to provide such information, documents or

other materials as may be in their possession to

assist in any such investigation.

(iii) The Commission shall carry out each of the

responsibilities and duties set forth for the

Tribal Gaming Agency in any Compact.

(iv) The Commission shall prepare a plan for the

protection of public safety and the physical

security of patrons in each of its gaming

facilities, setting forth the respective

responsibilities of the Commission, the security

department of the Enter~prise, any Tribal policy

agency, and if appropriate~ any State or local

policy agency.

(v) The Commission shall review and approve floor plans

and surveillance systems for each gaming facility

and may confer with the State Gaming Agency or

other organizations regarding the adequacy of such

plans and systems.

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(vi) The Commission shall promulgate, review and revise

(as necessary) Standards of Operation and

Management for Class III gaining activities in

accordance with any Compact.

(vii) The Commission may issue and revoke licenses for

Class III gaming employees in accordance with this

Ordinance.

(viii) The Commission may issue and revoke licenses for

Class II gaming employees in accordance with this

Ordinance.

(ix) The Commission shall establish a list of persons

barred from the gaming facilities because their

criminal history or association with career

offenders or career offender organizations poses a

threat to the integrity of the gaming activities of

the Tribe.

(x) The Commission shall promulgate, review and revise

(as necessary) the rules of each game of chance

operated by the Tribe pursuant to any Compact and

shall in accordance with the provisions of any

Compact notify the State Gaming Agency of such

rules and of any change in such rules.

(xi) The Commission shall enforce the health and safety

standards applicable to the gaming facilities of

the Enterprise in accordance with section 5 (d) of

this Ordinance. Prior to the opening of any

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facility for Class III gaming, the Enterprise shall

obtain a certificate of compliance from the

Commission relating to the Class III gaming

facilities. The Commission shall issue a

certificate of compliance to the Enterprise upon a

determination that the gaming facilities of the

Enterprise compl~. with such standards.

(xii) The Commission may impose penalties for violations

of this Ordinance or any Compact.

(xiii) The Commission may, in the name of the Tribe, bring

any civil action or criminal complaint in the

courts of the Tribe, or any competent Federal Court

System to enforce the provisions of this Ordinance

or to enjoin or otherwise prevent any violation of

this Ordinance, the Act or the Compact, occurring

where Wyandotte gaming is conducted. The bringing

of any such action by the Commission shall not be

deemed to be a waiver of suit immunity by the

Commission or the Tribe~

(xiv) The Commission may receive ~any complaint from an

employee of the Enterprise or any member of the

public who is, or claims to be, adversely affected

by an act or omission of the Enterprise or any

employee thereof which is asserted to violate this

Ordinance, or any Compact, and may impose such

remedial action as it deems appropriate to bring

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the Enterprise into compliance with such

provisions. The Commission may for this purpose,

in its sole discretion, conduct a hearing and

receive evidence with regard to such complaint if

it deems an evidentiary proceeding useful in the

resolution of the complaint.

(xv) The Commission ~hall adopt an annual operating

budget which shall be subject to the approval of

the Tribal Business Committee and may in accordance

with said budget employ such staff from time to

time as it deems necessary to fulfill its

responsibilities under this Ordinance, and may

retain legal counsel, consultants and other

professional services including investigative

services to assist the Commission with respect to

any of the issues over which the Commission

exercises jurisdiction. The expenses of the

Commission in accordance with such budget shall be

assessed against the Ent~rprise and the Enterprise

shall pay such assessments ~o~the Tribe.

(xvi) The Commission may employ inspectors to conduct

background investigations on key employees and

primary management officials. Any inspector

employed to assist in the background investigations

may be assigned to work under and report to the

Executive Director. Inspectors employed to conduct

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background investigations shall not be licensed as

a gaming employee.

(c) Chairman The Chairman of the Commission or any other

member of the Commission acting in the absence of the Chairman may,

whenever he deems it necessary to protect the public interest in

the integrity of Tribal gaming operations, issue in the name of the

Commission any order which the ç~ommission has the power to issue,

to the Enterprise or to any employee or contractor of the

Enterprise or to any other person within the jurisdiction of the

Tribe, to take any action or cease and desist from any action as

may be required to protect to the public interest; provided, that

such order shall be subject to review by the Commission at its

earliest opportunity, whereupon it may be confirmed or vacated by

the Commission.

(d) Executive Director The Commission shall appoint an

individual to serve as Executive Director of the Commission to

administer its responsibilities as necessary and to oversee

inspectors appointed by the Commission as well as such other staff

as the Commission may from time to ti~e employ. The Executive

Director shall be responsible for coordination of the functions of

the Commission with the National Indian Gaming Commission, any

state gaming agency and other state and local agencies as

necessary. The Chairman may request the Executive Director to

conduct a preliminary investigation and render a recommendation to

the Commission with respect to background checks of key employees

and primary management officials and the grant or denial of any

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license, the imposition of any penalty, the investigation of any

complaint, or any other action within the jurisdiction of the

Commission. The Executive Director shall have the power, in the

name of the Commission, to conduct any hearing, investigation or

inquiry, compel the production of any information or documents, and

otherwise exercise the investigatory powers of the Commission,

which the Commission may exercise under this Ordinance.

(e) Procedures of the Commission

(1) Regular meetings of the Commission may be held upon

such notice, or without notice, and at such time

and place as shall from time to time be fixed by

the Commission. Unless otherwise specified by the

Commission, no notice of such regular meetings

shall be necessary.

(ii) Special meetings of the Commission may be called by

the Chairman or the Executive Director. The person

or persons calling the special meeting shall fix

the time and place thereof. Neither the business

to be transacted at, ~or the purpose of, any

regular or special meeting bf the Commission need

to be specified in the notice of the meeting.

(iii) At any meeting of the Commission, a majority of the

members then in office shall constitute a quorum

for~ the transaction of business. The vote of a

majority of the members present at a meeting at

which a quorum is present shall be the act of the

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Commission. The Chairman shall preside at all

meetings of the Commission unless the Chairman

designates another member to preside in his

absence.

(iv) Any action required or permitted to be taken at a

meeting of the Commission may be taken without a

meeting if all of~the members sign written consents

setting forth the action taken or to be taken, at

any time before or after the intended effective

date of such action. Such consents shall be filed

with the minutes of the Commission, and shall have

the same effect as a unanimous vote or resolution

of the Commission at a legal meeting thereof.

(v) Members of the Commission may participate in a

meeting of the Commission by means of conference

telephone or similar communication equipment by

means of which all persons participating in the

meeting can hear each other, and participation in a

meeting in such matter~by any member does not

object at the beginning of~ such meeting to the

holding thereof in such manner, shall constitute

presence in person at such meeting.

(vi) No action of the Commission to impose a penalty

pursuant to section 8 of this Ordinance, or to

revoke a license for a gaming employee previously

issued by the Commission, shall be valid unless the

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person affected is given at least seven days notice

of the proposed action and the opportunity to

appear and be heard before the Commission, either

in person or through a representative or legal

counsel, and to submit such evidence as the

Commission deems relevant to the matter at issue;

provided, that if the Commission deems it necessary

to protect the public interest in the integrity of

the gaming activities, the Commission may take such

action with immediate effect as it deems required,

and shall thereupon provide notice and an

opportunity to be heard to the affected person as

soon as is reasonably practicable following such

action. Any person who is denied an initial gaming

employee license or who is barred from the gaming

facilities by action of the Commission may request

a hearing before the Commission by written request

submitted within thirty days following receipt of

notice of the action o~ the Commission, and the

Commission shall thereupon a?ford an opportunity to

appear and be heard before the Commission, either

in person or through a representative or legal

counsel, and to submit such evidence as the

Commission shall either affirm or reconsider its

decision. Any hearing conducted under this sub

section may at the direction of the Commission be

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conducted by the Executive Director or by one or

more of the Commission designated by the Commission

for that purpose.

(vii) The Commission may adopt such additional procedures

and rules as it deems necessary or convenient to

govern its affairs and which are consistent with

this Ordinance.

10. STANDARDS OF OPERATION AND MANAGEMENT

(a) Class III games of chance The initial standards of

operation and management for games of chance adopted in accordance

with any Compact shall be those set forth in any compact or any

attachment to a compact.

(b) Class II Games The Commission may adopt standards of

operation and management for Class II games, and pending such

adoption, may direct the Enterprise to comply with such standards

as the Commission may determine necessary to protect the integrity

of such Class II games.

11. PROHIBITED ACTS

It shall be a violation of this Ordinance for any person to:

(a) Conduct or participate in an~Cl~ass II or Class III

gaming operation within Wyandotte Indian Country other than at the

gaming facilities.

(b) Receive, distribute, apply or divert any property, funds,

proceeds or other assets of the Enterprise to the benefit of any

individual or any other person except as authorized by this

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Ordinance and the~ Resolution of the Tribe establishing the

Enterprise.

(c) Tamper with any equipment used in the conduct of Tribal

gaming operations with the intent to cause any person to win or

lose any wager other than in accord with the publicity announced

rules of such gaining operations.

(d) Do any other act in connection with the conduct of the

Tribal gaming operations with the intent to affect the outcome of

any wager other than in accord with the publicity announced rules

of such gaming operations.

(e) To alter or misrepresent the outcome or other event on

which wagers have been made after the outcome is made sure but

before it is revealed to the players.

(f) To place, increase or decrease a bet or to determine the

course of play after acquiring knowledge, not available to all

players, of the outcome of the game or any event that affects the

outcome of the game or which is the subject of the bet or to aid

anyone in acquiring such knowledge for the purpose of placing,

increasing or decreasing a bet or determining the course of play

contingent upon that event or outcome.

(g) To claim, collect or take, or attempt to claim, collect

or take, money or anything of value in or from a gambling game,

with intent to defraud, without having made a wager thereon, or to

claim, collect or take an amount greater than the amount won.

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(h) To place or increase a bet after acquiring knowledge of

the outcome of the game or other event which is the subject of the

bet, including pastposting and pressing bets.

(i) To reduce the amount wagered or cancel the bet after

acquiring knowledge of the outcome of the game or other event which

is the subject of the bet, including pinching bets.

(j) To manipulate, with the intent to cheat, any component of

an electronic game of chance or gaming device in a manner contrary

to the designed and normal operational purpose for the component.

Knowingly to use other than coins or tokens approved by the Tribal

Gaining Agency or other lawful coin, legal tender of the United

States of America, or to use coin not of the same denomination as

the coin intended to be used in the gambling game.

(k) To possess, with the intent to use, any device to assist

in projecting the outcome of the game, in keeping track of the

cards played, in analyzing the probability of the occurrence of an

event relating to the game, or in analyzing the strategy for

playing or betting to be used in the game.

(1) To use any device or means to cheat, or to possess any

such device while at the gaming facility. ~

12. SERVICE OF PROCESS

All notices or process made pursuant to this ordinance may be

made upon:

Chief

Wyandotte Tribe of Oklahoma

Post Office Box 250

Wyandotte, OK 74370

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CERTIFICATION

The foregoing Wyandotte Tribal Alcoholic Beverage Ordinance

was duly adopted at a meeting of the Wyandotte Tribal Business

Conimittee held on this 15th day of March . 1994, at which

jnembers were present constituting the required quorum, by a vote

of 4 for, 0 against, 0 abstaining.

~J~1

Vivian Fink, Sec./Treas.

~ Leafor Bearskin, Chief

Wyandotte Tribe of Oklahoma Wyandotte Tribe of Okia.
Tribal Gaming Commission

(location of facility)

CERTIFICATION

The foregoing amended Wyandotte Tribal Gaming Ordinance was

duly adopted at a meeting of the,~Wyandotte Tribal Business

C2jnmittee held on this / day of ~ . 1994, at which_

~.~members were present constituting tlQe required quorum, by a vote

of / for, ( against, ________

abstaining.

Vivian Fink, Sec./Treas. Leafo Bearskin, Chief

Wyandotte Tribe of Oklahoma Wyandotte Tribe of Okia.

B : \WYANDOTT\GAMINC-i. ORD

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