October 11,201 1 

By First Class Mail 

Kerry Holton, President 

Delaware Nation 

P.O. Box 825 

Anadarko. OK 73005 

Re: Delaware Nation gaming ordinance amendments 

Dear President Holton: 

This letter responds to your request for the National Indian Gaming Commission 

to review and approve amendments enacted by Resolution Nos. 201 1-087 and 2011-142. 

The resolutions include the following changes: 

updates notices on gaming license applications regarding the Privacy Act and 

false statements; 

a removes management functions from the Tribal Gaming Commission; 

makes certain technical corrections; 

designates an agent to receive service of process; 

clarifies procedures for backgrounding and licensing; and 

allows the tribe to designate additional key employees. 

Thank you for bringing these amendments to our attention and for providing us a 

copy of the updated ordinance. The ordinance amendments are approved as they are 

consistent with the requirements of the Indian Gaming Regulatory Act and NIGC's 

regulations. 

If you have any questions, please feel free to contact Staff Attorney Dawn 

Sturdevant Baum at 202-632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW. Suile 9100. Washington. DC 20005 Tel: 202,6327003 Fax: 202.632.7066 W.NlCC.GOV 

REGIONAL OFFICLS Portland. OR; Sacramento. CA: Phoenix, AZ; St. Paul, MN;TuIra. OK 
Delaware Nation 

P.O. Box 825 "q 

Anadarlto, OK 73005 28 

405 / 247-2448 2+ 

Fax: 405 / 247-9393 

Resolution #2011-087 

RESOLUTION REPEALING PORTIONS OF' THE 

DELAWARE NATION GAMING ORDINANCE 

as the Delaware Tribe of Western 

Oklahoma, is a fderally-reco Tribe that operates in accordance with 

WHEREAS, according to 

atters upon which the Nation 

WHEREAS, the Executive 

oversight requires that be separation between the 

WEEREAS, the Nation's curre 

a1 gaming activities 

see both aspects; and 

WHEREAS, the Executive Co 

the tribal gaming activities, with such operational responsibilities to 

be held with the Executive Committee or its designee; and 

WHEREAS, the Executive Committee specifically states that all gaming regulatory authority 

shall still be with the Delaware Nation Gaming Commission consistent with 

federal and tribal law, and the Compact with the State of Oklahoma; 

Page 1 of 2 

Resolution No. 201 1-087 
WHEREAS, the Executive Committee incorporates into this Resolution the attached legal 

opinion from the Gaming Commission legal counsel that outlines all portions of 

the Gaming Ordinance that are subject to said repeal; and 

WHEREAS, the Gaming Commission has passed the attached Resolution agreeing with this 

Repealer action consistent with the attached legal opinion. 

BASED ON THE FOREGOING, BE IT NOW THEREFORE RESOLVED that the 

Executive Committee hereby repeals all portions of the Delaware Nation Gaming 

Ordinance that requires the Gaming Commission to oversee the managementloperations 

of all tribal gaming activities, with all such responsibilities to be held with the 

regulated by the Delaware Nation G sion consistent with federal and tribal 

law. 

Page 2 of 2 

Resolution No. 201 1-087 
GREEN LAW FIRM, P.C. 

Jess Green OBA 35M 

Nancy McAlister OBA 1731 5 

January 26,201 1 

Attorneys at Law 

301 East Main Street Tele: (560) 436.1946 

Ada. Oklahoma 74820 Fax (580) 332-5700 

E-Mall: &@fIce~cablao~ 

Executive Committee 

The Delaware Nation 

P.O. Box 825 

Anadarko, Oklahoma 73005 

Dear Executive Committee Members, 

Pursuant to your request, I have reviewed the Delaware Gaming Ordinance. It is my 

understanding the Executive Committee is considering repealing sections of the Gaming 

Ordinance that require the Tribal Gaming Commission to perform as managers of the gaming 

enterprises. (Please see the attached Resolution proposed by the Executive Committee.) 

Generally Tribal Gaming Ordinances are drafted with the,goal of segregating regulatory 

duties from those of management in order to provide a system of checks and balances in a Tribal 

gaming operation. The Delaware Nation Gaming Ordinance is unique in many respects as 

compared to other tribal gaming ordinances. The most distinguishable attribute of this ordinance 

is the duty and authority assigned to the Tribal Gaming Commission. The Tribal Gaming 

Commission in addition to regulatory authority is authorized to create debt, own property, 

oversee the gaming operation (from both regulatory and management perspectives), and further 

requires gaming managers to report directly to the Tribal Gaming Commission, The Ordinance 

is structured in a manner that creates dual roles of gaming regulator and gaming operator for the 

Tribal Gaming Commission. 

Based upon my review, there are several sections of The ~eiaware Nation Gaming 

Ordinance that vest the Tribal Gaming Commission with management authority as noted below: 

a. Section 4.3. Second sentence should be deleted for purposes of uniformity. 

b. Section 4.15 @)and following sub-sections. 

c. Section 4.1 8 (D), (G), (L), (P), (Y), (Z) all items are managerial duties. 

d. Section 4.18 (AA), (AB), (AD), (AE), (AF), (AG), (AI), and Sic (AI). 

e. Section 4.25 and sub-sections (A) and (B). 

f. Section 4.26. 

1 
g. Section 9.1(A). Last two sentences. 

h. Section 9.1 (B) and (C). 

i. Section 9.3 (B). Note, there is no NIGC authority to audit contracts. 

j. Section 13. 

The changes noted above should achieve the purpose of maintaining the regulatory 

authorioi of the Tribal Gaming Commission while excising management responsibility and 

authority assigned to the ami in^ Commission from the 0;dinanc;. 

I look forward to our scheduled meeting to discuss this matter. However, if you have 

questions or concerns, please do not hesitate to contact me sooner. 

Sincerely, 

NlWmbw 

Encl. 



GAMING ORDINANCE 

THE DELAWARE NATION 

An Ordinance to authorize, license and regulate Class I1 and Class 111 gaming on lands of the 

Delaware Nation, a federally recognized lndian Tribe located north of Anadarko, Oklahoma. 

SECTION 1. FINDINGS, INTENT AND POLICY 

1.1 FINDINGS The Executive Committee, on behalf of the Delaware Nation, finds 

that: 

(A) Tribal regulation and control of gaming activity within the jurisdiction of the Delaware Nation 

is essential for the protection of the public health and welfare, and the interests of the Tribe 

and residents including visitors to the Delaware Community. 

(B) The Tribe has the legal authority to license and regulate any gaming activity within the 

jurisdiction of the Delaware Nation that is not specifically prohibited by federal law. 

(C) Properly licensed and regulated gaming activity conforms with announced federal policy 

promoting lndian self-government and lndian tribal economic self-sufficiency. 

(D) It is essential that the Tribe, through its Executive Committee, and subsidiary commissions 

exercise civil regulatory authority including the regulation of gaming activities in a manner 

commensurate with applicable federal and tribal law and policy. 

(E) The present needs of the Tribe include increased employment, job and skills training, 

housing, quality health care, nutrition, educational opportunities, social services, and 

community and economic development needs which are not adequately addressed by 

present tribal, federal, and state programs. 

(F) Tribal operation and licensing of gaming activities within the tribal jurisdiction is an 

appropriate means of generating revenue to address the needs of the Tribe. 

(G) The Tribe is vigorously pursuing its goal of self-sufficiency and self-determination through the 

development of tribal business and enterprises. Because the Delaware Nation lacks incomegenerating natural resources and because the tax base of the Tribe is almost non-existent; 

the Tribe must rely on tribal business development to raise the funds necessary to expand its 

social, health and education programs, increase employment, and improve its tribal economy. 

This effort has recently become increasingly important as a result of cutbacks in federal and 

state funding and the increased costs of self-government. It is therefore, essential that the 

Tribe develop new and expanded sources of revenue to support its ever-increasing 

governmental needs and to provide much needed employment and training for tribal 

members. 

(H) To accomplish the foregoing, the adoption of the following gaming laws is necessary and is in 

the best interest of the Delaware Nation. 

1.2PURPOSE The purpose of this Ordinance is to: 

(A) Regulate, control, and license the operation of all gaming within the jurisdiction of the Tribe. 

(B) Make clear and explicit that a tribal license to operate a gaming activity is a revocable 

privilege, not a right or property interest. 

(C) Ensure that the operation of tribally-regulated gaming will continue as a means of generating 

tribal revenue. 

(D) Ensure that tribally-regulated gaming is conducted fairly and honestly by both gaming 
operators and players, and that it remains free from corrupt, incompetent, unconscionable 

and dishonest persons and practices. 

(E) Promote and strengthen tribal economic deveiopment and self-determination and to enhance 

employment opportunities for its members. 

(F) Generate revenue to strengthen and improve tribal self-government and the provision of tribal 

governmental services. 

(G) Ensure that all gaming revenue is used for the benefit of the Tribe and the tribal community. 

(H) Ensure that tribal gaming laws are strictly and fairly enforced against ail persons involved in 

gaming activities within the jurisdiction of the Tribe. 

(I) Ensure that the Tribe provides a fair and impartial forum for the resolution of gaming 

disputes. 

1.31t is the declared policv of the Delaware Nation that: 

(A) Gaming conducted on Indian lands within the jurisdiction of the Delaware Nation shall be 

regulated by the Gaming Commission created under this Ordinance for the protection of the 

public health, welfare and morals of ail residents, employees and persons who visit the tribal 

lands for gaming purposes, such protection shall be from the adverse effects which may flow 

from unregulated gaming. 

(B) The Tribal objective is to achieve the maximum tribai revenue from gaming and to sustain the 

highest achievable levels of tribal revenue from gaming. 

(C) Gaming activities conducted within the Delaware Nation tribal jurisdiction be done in 

compliance with and in accordance to this Ordinance and the Indian Gaming and Regulatory 

Act, 102 Stat. 2467,25 U.S.C. Section 2701 et seq. 

(D) The Delaware Nation will exercise all powers of self-government consistent with federal 

policy and law; and that the tribal government will provide, from gaming revenues, a wide 

range of public services and benefits to the tribai jurisdiction including tribal governmental 

services, law and order, judicial systems, educational opportunities, economic deveiopment, 

social services and other appropriate activities within the tribal jurisdiction. 

SECTION 2. DEFINITIONS 

In this Ordinance, except where otherwise specifically provided or the context otherwise requires, 

the following terms and expressions shall have the following meanings. 

"Adiusted Gross Revenue" means gross revenue less ail cash prizes or the aggregate price of 

merchandise prizes, except in the case of the games of draw poker and stud poker. Regarding 

games of draw poker and stud poker, "adjusted gross revenue" means the time buy-ins or 

tournament fees collected by the gaming operator. 

means the game of chance commonly known as bingo (whether or not electronic, 

computer, or other technologic aids are used in connection therewith) which is played for prizes, 

including monetary prizes, with cards bearing numbers or other designations, in which the holder 

of each card covers such numbers or designations when objects, similarly numbered or 

designated, are drawn or electronically determined, and 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 boards, tip jars, instant bingo and 

other games similar to bingo. 
"Cheatinq" means operar ng or p aying in any game in a manner in violation of the written or 

commonly ~ndersrood rules of rhe game, with tne ntent to create for himself or someone in wr virv , , with him an advantage over and abbve the chance of the game. 

"Compact" means a gaming compact between the Tribe and the State of Oklahoma and/or other 

states if appropriate as authorized by the llndian Gaming Regulatory Act (IGRA), or by state or 

tribal law. 

"Compensation" means ail wages, salaries, bonuses, and all other forms of enumeration for 

services rendered. 

"Executive Committee" means the governing body of the Deiaware Nation. 

"Educational, charitable, patriotic, veterans, fraternal, religious, civic, or gublic-spirited 

uses" are: 

(A) Uses benefiting an indefinite number of people by bringing them under the influence of 

educational or cultural programs. 

(B) Uses otherwise lessening the burden of tribal government. 

(C) Uses benefiting one or more persons suffering from a seriously disabling disease or injury 

causing severe loss of income or incurring extraordinary medical expense that is uncompensated 

by insurance. 

(D) Uses for community service projects that promote the common good, enhance the social and 

economic welfare of the community, and benefit an indefinite number of people. 

"Eliqible Orqanization" means any nonprofit organization operated for educational, charitable, 

patriotic, veterans, fraternal, religious, civic, or public-spirited uses, or for the relief of poverty, 

distress, or other condition within the jurisdiction of the Delaware Nation or within the service area 

of the Tribe. 

"En Banc Tribal Commission" means the Deiaware Nation's seven (7) member Gaming 

Commission as described in Section 4 of this Ordinance. 

"Equipment For qames of chance" See "Gaminq Apparatus" 

"Gaminq emalovee" means any natural person employed in the operation or management of 

each gaming activity or operation, whether employed by or contracted to the Tribe or by any 

person or enterprise providing on or off-site seivices to the Tribe within or without the gaming 

facility regarding any gaming activity or operation, including, but not limited to, gaming managers 

and assistant managers; accounting personnel; surveillance personnel; security officers; cashier 

supervisors; dealers or croupiers; box men; floor men; pit bosses; shift bosses; cage personnel; 

collection personnel; gaming consultants; management companies and their principals; and any 

other natural person whose employment duties require or authorize access to restricted areas of 

each gaming activity or operation not otherwise opened to the public. 

"Gaminq"or "Gamina activilv" means any activity, operat on or game in which valuab e 

consideration is wagered upon tne o~tcome determined n who e or in part by chance, skill, 

speed, strength or endurance or any combination of strength or endurance, and in which 

something of value is awarded to a person or persons so wagering, and any activity in 

furtherance thereof, including owning, financing, managing, participating in, conducting or 

assisting in any way in any such activity at the site at which it is being conducted, directly or 

indirectly, whether at the site in person or away from tribal lands. 
"Gamins Ap~aratus or craminq equipment" means any device, machine, paraphernalia, or 

equipment that is used or usable in the playing phases of any gaming activity, whether or not 

specifically designed for the purpose, but excluding tables and chairs normally used in the 

occupancy of any gaming facility. 

"Gaminq facility" means any location or structure, stationary or movable, wherein gaming is 

permitted, promoted, performed, conducted, or operated. Gaming facility does not include the 

site of a fair, carnival, exposition, or similar occasion. 

"Gaminq operator" means a person who has obtained a gaming license under this Ordinance or 

who is otherwise permitted by this Ordinance to perform, promote, conduct, or operate any 

gaming activity on tribal lands. 

"Gross revenue" means any money collected or received from any gaming activity, 

"Indian Gamins Recrulatow Act" or "IRGA" means Public Law 100-497, 102 Stat. 2426, 25 

U.S.C. Subsection 2701 et seq. (1988), as amended. 

"Immediate familv" means, with respect to the person under consideration, a husband, wife, 

father, mother, son, daughter, brother, father-in-law, mother-in-law, son-in-law, daughter-in-law, 

brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, 

stepsister, half brother or half sister. 

- "IRS" means the United States Internal Revenue Service. 

"Kev ern~lovee" means: 

(A) The following positions: 

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; 

8. Croupier; 

9. Approver of credit; 

10. Custodian of gambling devices including person with access to cash and accounting 

records within such devices; or 

11. Employee or any other person with access to finance or accounting offices; 

(B) If not otherwise included, any other person whose total cash compensation derived from 

gaming subject to this Ordinance is in excess of $50,000.00 per year; or 

(C) If not otherwise included, the four most highly compensated persons in any gaming activity 

subject to this Ordinance; or 

(D) Any other person designated by the tribe as a "Key Employee." 

"License" means any official, legal, and revocable permission granted by the Gaming 

Commission to this Ordinance to an applicant to conduct any gaming activity on tribal lands. 

"Lotto" means a form of gaming in which all or a part of the revenue derived from the sale of 

tickets or chances are pooled and such revenue are allotted by chance to one or more chance 

takers or ticket purchasers. The amount of cash prizes or winnings is determined by the gaming 
operator conducting the "lottery" and a progressive pool is permitted. Tele-lottery means that the 

drawing is televised for use in a cable television broadcast. 

"Net revenue" means gross gaming revenues less amounts paid out as, or paid for prizes and 

total gaming- related operating expense, excluding management fees. 

"Participate" in any gaming activity means to operate, direct, finance or in any way assist in the 

establishment of or operation of any class of gaming or any site at which such gaming is being 

conducted, directly or indirectly, whether at the site in person or off the tribal lands located in 

Oklahoma. 

"Person" means any individual, partnership, joint venture, corporation, joint stock company, 

company, firm, association, trust estate, club, business trust, municipal corporation, society, 

receiver, assignee, trustee in bankruptcy, political entity, and any owner, director, officer or 

employee of any such entity, or any group of individuals acting as a unit, whether mutual, 

cooperative, fraternal, nonprofit, or otherwise, the government of the Tribe, any governmental 

entity of the Tribe, or any of the above listed forms of business entities that are wholly owned or 

operated by the Tribe; provided, however, that the term does not include the federal government 

and any agency thereof. 

"Plaver" means a person participating in any game, but does not include a gaming operator 

"Primary Manaaement Official" means: 

(A) The person having management responsibility for a management contract approved by the 

National Indian Gaming Commission; or 

(6) Any person who has authority to: 

1. hire and fire gaming employees, or 

2. set up working policy for a gaming enterprise; or 

(C) The chief financial officer or other person who has financial management responsibility for a 

gaming activity. 

"Princi~al"means with respect to any management contractor: 

(A) each of its officers and directors; 

(B) each of its principal management employees, including any gaming manager, chief financial 

officer, chief operating officer, or general manager; 

(C) each of its owners or partners, if it is an unincorporated business; (iv) each of its 

shareholders who owns more than ten percent (10%) of the shares of the corporation, if a 

cnrnnratinn: . . .. . ... . , anrl -. -

(D) eacn person other than a oanking instit~tion wno has prov ded financ ng for the enterprise 

constituting more than the percent (10%) of the total f nanc ng of tne enterpr se. 

"Prouressive Gaminu" means any game in which a cash prize which, not being won by any 

player during any game, is retained and further monetarily enhanced by the gaming operator or 

eligible organization, and offered as a prize to players in the next game. 

"Pull-tabs, punch boards and tir, jars" means any disposable card, board, ticket or display 

which accords the player an opportunity to win something of value by opening, pulling, detaching, 

or otherwise removing or uncovering tabs or covers, from the card, board, ticket or display to 

reveal a set of numbers, letters, symbols, configurations, or combinations thereof which have 

been previously specified as a winning combination. 

"Tribaliurisdiction" means any lands held in trust by the United States government for the 

benefit of the Delaware Nation, formerly known as the Delaware Tribe of Western Oklahoma, 

whether a part of the former Wichita reservation located in Oklahoma or lands located in areas 
where the Delaware Nation has made legal agreements with the United States of America or any 

other jurisdictions established by the Delaware Nation. 

"State" means the state of Oklahoma, and any other state wherein the Delaware Nation 

conducts lawful gaming activities. 

"Tribal Commission" means the Delaware Nation Gaming Commission described in Section 4 

of this Ordinance. 

means and "TJ~~JP' refers to the Delaware Nation, formerly known as the Delaware 

Tribe of Western Oklahoma, a federally recognized lndian tribe acting through the duly elected , Tribal Executive Committee pursuant to the tribal Constitution and by-laws. 

"Twentv-one", also known as "Blackiack" means a card game played by a maximum of seven 

(7) players and one (1) dealer where each player plays his hand against the dealer's hand, with 

the object of obtaining a higher total card value than the dealer by reaching 21 or as close to 21 

as possible without exceeding that count. The cards have the following value: 

(A) Aces count either one or eleven, at the player's option. 

(6) Kings, queens, and jacks each have a count of ten. 

(C) All other cards are counted at their face value. 

"Wager"means the bet made or consideration or value given by a player in any game. 

SECTION 3. GENERAL PROVISIONS 

3.1 AUTHORITY AND SOVEREIGN POWERS AND RESPONSIBILITIES 

This Ordinance is enacted pursuant to the inherent sovereign powers of the Delaware Nation and 

the powers expressly delegated to the Delaware Nation Executive Committee by Article VIPowers, Section 1 of the Tribal Constitution and by-laws. The Tribe shall have sole proprietary 

interest in and responsibility for the conduct of any gaming operation. 

3.2 APPLICATION OF FEDERAL POLICY 

In 1970 President Nixon announced the policy of the United States to promote self-determination 

for lndian tribes. At the heart of this policy is a commitment by the federal government to foster 

and encourage tribal self-government, economic development and self-sufficiency. That 

commitment was signed into law in 1975 as the lndian Self-Determination and Education 

Assistance Act, Public Law 93-638, 88 Stat. 2203, 25 U.S.C. Subsection 450-450n. In 1983, 

President Reagan reaffirmed that commitment in his lndian policy statement, encouraged tribes 

to reduce their dependence on federal funds by generating more of their own revenues, and 

pledged to assist tribes in that endeavor. The policy of self-governance has continued with 

amendments to P.L. 93-638 enacted as the Tribal Self-Governance Demonstration Project, P.L. 

100-472 (1988). In 1988 the federal commitment was furthered in 1988 by passage of the lndian 

Gaming Regulatory Act ("IGRA"), Public Law 100-497, 102 Stat.2426, 25 U.S.C. Subsection 

2701, et seq. (1988), through which the federal government recognized the inherent sovereign 

right of tribes to conduct and regulate gaming on their reservations and preempted state authority 

in the area of lndian gaming. 

3.3 DELAWARE NATION'S POLICY OF SELF-GOVERNMENT 

The Tribe is firmly committed to the principle of tribal self-government. Consistent with federal 

policy, tribal government provides a wide range of public services to the Tribe including general 

governmental services, the maintenance of peace and good order, the establishment of 
educational programs, and the promotion and regulation of economic activities within the 

sovereign jurisdiction of the Tribe. 

3.4 TITLE, REPEAL OF PRIOR LAWS, AND EFFECT OF REPEAL 

This Ordinance may be cited as the Delaware Nation Gaming Ordinance. The Ordinance shall 

be appropriately inserted in the Delaware Nation book of codes and Ordinances. 

All Ordinances of the Tribe and all titles, chapters, and section of the Tribal code that pertain to 

gaming, and are in effect as of the effective date of this Ordinance, are hereby repealed, and all 

other tribal laws or parts thereof, inconsistent with the provisions of this Ordinance are hereby 

repealed. 

Repeal of this Ordinance or any portion thereof shall not have the effect of reviving any prior tribal 

law theretofore repealed or suspended. 

3.5 CLASSES OF GAMING 

There are three (3) classes of gaming authorized on Indian lands under this Ordinance: 

(A) "Class I Gaming" means social gaming 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 celebration. 

(B) "Class I1 Gaminq" means : 

1. the game of chance commonly known as bingo (whether or not electronic, computer, or 

other technologic aids are used in connection therewith), which is played for prizes, 

including monetary prizes, with cards bearing numbers or other designations, in which 

the holder of the card covers such numbers or designations when object, similarly 

numbered or designated, are drawn or electronically determined, and 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 at the same location) pull-tabs, lotto, 

punch boards, tip jars, instant bingo and other games similar to bingo; 

2. Ail card games operated by the Tribe and explicitly authorized or not explicitly prohibited 

by the laws of the State where the game is played, if played in conformity with State laws 

and regulations regarding hours or periods of operation of such card games or limitations 

on wagers or pot size in such card games. 

(C) "Class 111 Gaming" means all forms of gaming that are not Class i or Class II gaming. 

3.6 CONSTRUCTION 

In construing the provisions of this Ordinance, unless the context othewise require, the following 

rules shall apply: 

(A) This Ordinance shall be liberally construed to affect its purpose and to promote substantial 

justice. 

(B) Words in the present tense include the future and past tenses. 

(C) Words in the singular number include the plural, and words in the plural number include the 

singular. 

(D) Words of the masculine gender or neuter include masculine and feminine genders and the 

neuter. 

3.7 SAVING CLAUSE 

If any section of this Ordinance is invalidated by a court of competent jurisdiction, the section is 
only invalidated for purposes of the litigated instant case and the remaining sections shall not be 

affected thereby. 

SECTION 4. TRIBAL GAMING COMMISSION 

4.1 ESTABLISHMENT 

The Tribe hereby charters, creates and establishes the Delaware Nation Gaming Commission as 

a governmental subdivision of the Tribe. 

4.2 LOCATION AND PLACE OF BUSINESS 

The Tribal Commission shall be a resident of and maintain its headquarters, principal place of 

business and offices at the tribal headquarters located near Anadarko, Oklahoma. The Tribal 

Commission may, however, establish other places of business in such other locations as the 

Tribal Commission may from time to time determine to be in the best interest of the Tribe. 

4.3 DURATION 

The Tribal Commission shall have perpetual existence and succession in its own name, unless 

dissolved by the Tribe pursuant to Tribal law. 

4.4 ATTRIBUTES 

As a governmental subdivision of the Tribe, the Tribal Commission has been delegated the right 

to exercise one or more of the substantial governmental functions of the Tribe, including 

regulation of tribal gaming pursuant to the IGRA and tribal law. It is the purpose and intent of the 

Tribe in creating the Tribal Commission that the operations of the Tribal Commission be 

conducted on behalf of the Tribe for the sole benefit and interests of the Tribe, its members, and 

the residents of the Tribal jurisdiction. In carrying out its purposes under this Ordinance, the Tribe 

reserves to itself the right to bring suit against any person or entity in its own right, on behalf of 

the Tribe or on behalf of the Tribal Commission whenever the Tribe deems it necessary to protect 

the sovereignty, rights, and interests of the Tribe or the Tribal Commission. 

4.5 RECOGNITION AS A POLITICAL SUBDIVISION OF THE TRIBE 

The Tribe, on behalf of the Tribal Commission, shall take all necessary steps to acquire 

recognition of the Tribal Commission as a political subdivision of the Tribe, recognized by ail 

branches of the United States Government as having been delegated the right to exercise one or 

more substantial governmental functions of the Delaware Nation. 

4.6 SOVEREIGN IMMUNITY OF THE TRIBAL COMMISSION 

The Tribal Commission is hereby clothed with all the privileges and immunities of the Tribe, 

except as specifically limited by this Title or other tribal law, including sovereign immunity from 

suit in any state, federal or tribal court. Except as provided in this section, nothing in this Title nor 

any action of the Tribe or the Tribal Commission shall be deemed or construed to be a waiver of 

sovereign immunity from suit of the Tribal Commission, or to be a consent of the Tribe or the 

Tribal Commission to the jurisdiction of the United States or of any state or any other tribe with 

regard to the business or affairs of the Tribe or the Tribal Commission to any cause of action; 

case or controversy, or to the levy of any judgment, lien or attachment upon any property of the 

Tribe or the Tribal Commission, or to be a consent of the Tribe or Tribal Commission to suit in 

respect to any Indian land, or to be a consent of the Tribe or the Tribal Commission to the 
alienation, attachment or encumbrance of any such land 

4.7 SOVEREIGN IMMUNITY OF THE TRIBE 

All inherent sovereign rights of the Tribe as a federally-recognized Indian tribe with respect to the 

existence and activities of the Tribal Commission are hereby expressly reserved, including 

sovereign immunity from suit in any state, federal or tribal court. Except as provided in Section 

4.8 below, nothing in this Ordinance nor any action of the Tribal Commission shall be deemed or 

construed to be a waiver of sovereign immunity from suit of the Tribe, or to be a consent of the 

Tribe to the jurisdiction of the United States or of any state or of any other tribe with regard to the 

business or affairs of the Tribal Commission or the Tribe, or to be a consent of the Tribe to any 

cause of action, case or controversy , or to the levy of any judgment, lien or attachment upon any 

property of the Tribe; or to be a consent to suit in respect to any Indian land, or to be a consent to 

the alienation, attachment or encumbrance of any such land. 

4.8 WAIVER OF SOVEREIGN IMMUNITY OF THE TRIBAL COMMISSION 

Sovere gn mm~nity of the Trioal Commission may be wa veo only by express resolul;ons of 00th 

the Trioal Comm ssion and the Tr.bal Exec~tive Committee aftec consultation with the Trioe's 

attorneys. All waivers of sovereign immunity must be preserved by resolutions of the Tribal 

Commission and the Tribal Executive Committee of continuing force and effect. Waivers of 

Sovereign Immunity are disfavored and shall be granted only when necessary to secure a 

substantial advantage or benefit to the Tribal Commission. Waivers of sovereign immunity shall 

not be general but shall be specific and limited as to duration, grantee, transaction, property or 

funds, if any of the Tribal Commission subject thereto, court having jurisdiction pursuant thereto 

and law applicable thereto. Neither the power to sue and be sued provided in Subsection 

4.18(W), or any express waiver of sovereign immunity by resolution of the Tribal Commission 

shall be deeded a consent to the levy of any judgment, lien or attachment upon property of the 

Tribal Commission other than property specifically pledged or assigned, or a consent to suit with 

respect to any land within the exterior boundaries of the Tribal jurisdiction or a consent to the 

alienation, attachment or encumbrance of any such land. 

4.9 CREDIT OF THE TRIBE OR TRIBAL COMMISSION 

Nothing in this Ordinance, nor any activity of the Tribal Commission, shall implicate or any way 

involve the credit of the Tribe or the Tribal Commission. 

4.10 ASSETS OF THE TRIBAL COMMISSION 

The Tribal Commission shall have only those assets specifically assigned to it by the Executive 

Committee or acquired in its name by the Tribal Commission on its own behalf. The property of 

the Tribal Commission is declared to be public property used for essential public and 

governmental purposes and such property and the Tribal Commission are exempt from all taxes 

and special assessments of the Tribe. Upon dissolution of the Tribal Commission, the title to all 

property owned by it shall vest in and become the property of the Tribe. No activity of the Tribal 

Commission, nor any indebtedness incurred by it, shall implicate or in any way involve or effect 

any assets of tribal members or the Tribe not assigned in writing to the Tribal Commission. 

4.1 1 MEMBERSHIP 

iA) Number of Commissioners. The Tribal Commission shall be comprised of seven (7) 

members and one (1) alternate. The members of Tribal Gaming Commission, including the 

alternate, shall be appointed by the Tribal Executive Committee by Resolution in accordance with 

this Ordinance. Four (4) Commissioners shall perform the duties determining suitability of issuing 

gaming licenses as provided in Section 6 of this Ordinance, and regulatory functions as provided 
in Section 4.15 of this Ordinance. 

(6) Qualifications of Commissioners. 

1. Each Commissioner must be a member of the Tribe, except that two (2) Commissioners 

shail not be members of the Delaware Nation. 

2. The four (4) Commissioners designated to determine suitability of employees must pass 

a written test, compiled by a recognized testing authority, to determine their knowledge of 

the Indian Gaming Regulatory Act, 25 C.F.R. 556 and 558, and this Gaming Ordinance. 

The four (4) Commissioners must demonstrate competency in the application of 

procedures and internal controls of the gaming facility. Such competency shail be 

demonstrated in accordance with Section 4.1 l(D)(l) and 4.11 (D)(2) herein. 

3. The three (3) Commissioners designated to determine operator and regulatory functions 

must pass a written test, compiled by a recognized testing authority, to determine their 

knowledge of the gaming industry and the application of financial analysis to balance 

sheets and income statements generated by the gaming entities and the application of 

internal controls to the movement of cash and cash equivalents in the gaming 

environment. 

(C) Background Investigation Prior to the time that any Tribal Commission member takes office 

on the Tribal Commission, the Tribe shall perform or arrange to have performed a 

comprehensive background investigation on each prospective member. No person shail 

serve as a Commissioner if: 

1. His prior activities, criminal record, if any, or reputation, habits or associations 

(a) Pose a threat to the public interest; or 

(b) Threaten the effective regulation and control of gaming; or 

(c) Enhance the dangers of unsuitable, unfair, or illegal practices, methods, or 

activities in the conduct of gaming; or 

2. He has been convicted of or entered a plea of nolo contendere to a felony or any gaming 

offense any jurisdiction or to a misdemeanor involving dishonesty or moral turpitude; or 

3. He or any member of his immediate family has a financial interest in any gaming activity 

or facility. 

4. Each Commissioner must pass a TRW credit check and have a certifiable history of 

creditworthiness from the TRW for the last 10 years. 

5. Each Commissioner must pass a drug test as provided in Section 14 of this Ordinance. 

(D) Date of Appointment. Each member of the Tribal Commission shall take office no later than 

one (I) week of such appointment. 

1. Each new Commissioner will receive the equivalent of 40 hours of training within the first 

three months in office as a Commissioner. The training will consist of the application of 

this Ordinance, applicable federal law, and financial analysis necessary to control and 

regulate the gaming facility. 

2. Each new Commissioner will have six months from the date of their appointment to 

demonstrate their competence by successfuiiy completing an open-book examination on 

the application of the Ordinance to their positions. Failure to pass the exam within the 

designated time period shall be construed as an automatic resignation from the 

Commission. Thereafter, the Commission shall progressively and aggressively develop 

the gaming expertise necessary to perform their job functions. 

4.12 TERM OF OFFICE 

Each Commissioner shail serve a term of four (4) years. If a Commissioner is selected to be 
reappointed, such must be done by Resolution. No person shall remain on the Tribal 

Commission after leaving or being removed from the Commission by the Tribal Executive 

Committee. 

4.13 EX-OFFIGIO MEMBERS 

At the direction of the Executive Committee, any member of the Executive Committee, any Tribal 

or Bureau of Indian Affairs employee or any other person may be designated to participate, 

without vote, in Tribal Commission meetings. 

4.14 MEETINGS 

(A) Reqular Meetinas. The Tribal Commission shall hold as least one regular monthly meeting 

which shall take place on the first Monday of each month, or as otherwise determined by the 

Tribal Commission. 

(8) Special Meetinas. Special meetings may be called at the request of the Executive Committee, 

the Chairman of the Tribal Commission or 4 or more members of the Tribal Commission. 

(C) compensation of Commissioners. An honorarium may be paid for attendance at each 

meeting. 

(D) Quorum. A Quorum for all meetings shall consist of four (4) members, 

(E)Vofina. All questions arising in connection with the action of the Tribal Commission shall be 

decided by a majority vote. The Chairman of the Tribal Commission shall be entitled to vote only 

to break a tie. 

4.1 5 ORGANIZATION 

The en banc Tribal Commission shail develop its own operating procedures and shail elect from 

within itself a Chairman to direct meetings, a reporter to be responsible for keeping Tribal 

Commission minutes and transmitting to the Tribal Executive Committee a copy of those minutes, 

processing correspondence and reporting Tribal Commission decisions, and such other officers 

as the Tribal Executive Committee deems advisable. 

(A) The Tribal Commission shall consist of three distinct entities. 

1. The en banc Tribal Commissioners is the full seven Commissioners acting - together, - 2. The "regulatory Commissioners" consisting of four Commissioners. 

3. The "general Commissioners" consisting of three Commissioners. 

(6) The en, banc Tribal Commission shail carry out all functions of the Tribai Commission not 

specifically delegated to the regulatory Commissioners or the general Commissioners. 

(C) The Four regulatory Commissioners shail carry out the licensing authority conferred upon 

them in Section 4.18 (R) of this Ordinance in accordance with Section 6.3 of this Ordinance. The 

same four Commissioners shall carry out the regulator functions conferred upon them Section 

4.18 (A) of this Ordinance in accordance with Section 4.15 (C) 

1. Regulator. The four commissioners shall act as compliance regulators under the 

following guidelines. The en banc tribal commission shall issue further guidelines and 

clarifications to the gaming facilities' gaming managers consistent with the following sections. 

a. Policy. The en banc Commission shall, consistent with Tribal Executive 

Committee policy as articulated in the Gaming Ordinance, issue policy statements 
regarding the operation of gaming, 

b. Position Description. The four Commissioners charged with regulatory 

functions shall issue position descriptions for every position designated in the 

gaming facility. Each position description shall be subject to background 

investigations, as directed by this Ordinance and 25 C.F.R. 556 and 558. In 

addition, each position within the gaming environment, whether or not a licensed 

position under this Ordinance and 25 C.F.R. 556 and 558 shall be subject to drug 

testing as stated in Section 14 of this Ordinance. No position description shall be 

left undefined. 

c. Procedure. Procedures shall consist of the interaction amongst various 

position descriptions carrying out the duties of the position in association with 

other positions descriptions. The four Commissioners charged with regulator 

functions shall propose a system of procedures for all regulated gaming 

activities. 

d. Internal Controls. The four Commissioners charged with regulatory functions 

shall propose a system of internal controls describing the position descriptions 

and procedures necessary to effect appropriate internal controls. The en banc 

Tribal Commission shail approve and publish the procedures. 

e. Internal Auditor. The four Commissioners charged with regulatory functions 

shall employ a procedures auditor who shall have the responsibility of 

determining compliance auditing with the published internal controls procedures 

and position descriptions. The internal auditor shall be an employee of the en 

banc Tribal Commission reporting directly to the four Commissioners on a 

monthly basis in accordance with an audit schedule covering position 

descriptions, procedures, and internal controls. Audit finding shall be addressed 

in the following month by the en banc Tribal Commission and the gaming 

manager. The gaming manager shall have 30 days to comply with audit finding. 

A consistent pattern of noncompliance in excess of 90 days shall be grounds for 

the en banc Tribal Commission revoking gaming licenses of the employees 

responsible for the noncompliance. 

4.16 REMOVAL OF MEMBERS OR VACANCIES 

(A) Removal. Acommissioner may be removed by the Tribal Executive Committee for serious 

inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or for 

any conduct which threatens the honesty or integrity of the Tribal Commission or otherwise 

violates the letter or intent of this Ordinance. Except as provided below, no Commissioner may 

be removed without notice and an opportunity for a hearing before the Committee, and then only 

after the Commissioner has been given written notice of the specific charges at least ten (10) 

days prior to such hearing. 

At any such hearing, the Commissioner shall have the opportunity to be heard in person or by 

counsel and to present witnesses on his behalf. If the Executive Committee determines that 

immediate removal of a Commissioner is necessary to protect the interest of the Tribe, the 

Executive Committee may immediately remove the Commissioner temporarily, and the question 

of permanent removal shall be determined thereafter pursuant to Tribal Commission hearing 

procedures. A written record of all removal proceedings together with the charges and findings 

thereon shall be kept by the Tribal Executive Committee Secretary. The decision of the 

Executive Committee upon the removal of a Commissioner shail be final. 

(6) Vacancies. If any Commissioner shall die, resign, be removed or for any reason be unable 
to serve as a Commissioner, the Tribal Executive Committee shall declare this position vacant 

and shall appoint another person to fill the position. The terms of office of each person appointed 

to replace an initial Commissioner shall be for the balance of any unexpired term for such 

position, provided, however, that any prospective appointee must meet the qualifications 

established by this Ordinance. 

4.17 CONFLICT OF INTEREST 

No person shall be appointed or continue serving as a Commissioner if he has any personal, 

business, or legal relationship that creates a conflict of interest with his duties and responsibilities 

as a Commissioner. 

(A) For purposes of conflict of interest, a "personal conflict of interest" shall be a family 

reiationship within the first degree of consanguinity. 

(B) For purposes of conflict of interest, a "Business conflict of interest" shali be a business 

relationship that directly competes with the gaming facilities' markets. Direct competition shali be 

defined as a business reiationship within a 200 mile diameter of the gaming facility. 

(C For purposes of conflict of interest, a " legal conflict of interest" shall be a relationship 

recognized as a conflict by a panel of three consisting of two attorneys and one non-attorney. 

The panel shall be ad hoc and formed for the sole purpose of addressing the alleged legal conflict 

of interest. The Commissioner who is alleged to be in a legal conflict of interest shali have the 

opportunity to appoint one person to the panel. The Tribal Commission shall appoint the other 

two panel members. 

(D) The charge of an alleged conflict of interest can only be raised by a Tribal member or an 

interested party with a direct financial interest in the resolution of the charge. General allegations 

by persons without a financial interest will not be reviewed. 

(E) If the Commissioner is found to be in a conflict of interest by the panel, then the 

Commissioner shall withdraw from the matter before the Tribal commission, and the Commission 

shall pay all costs of the person bringing the charge. If the Commission is found not to be in a 

conflict of interest by the panel. then the person bringing the charge shali pay all costs of the 

Tribal Commission proceeding. 

To the extent permitted by law, a personal, business, or legal conflict of interest can be waived by 

majority vote of the Tribal Commission only after full, complete and continuing disclosure is made 

by the Commissioner in the alleged conflict of interest. 

4.18 AUTHORITY OF TRIBAL COMMISSION. 

The Tribal Commission shall have the following authority: 

(A) To regulate all day-to-day gaming activity within the jurisdiction of the Tribe. 

(6) To promote the full and proper enforcement of ail tribal, civil and criminal gaming laws and 

policies. 

(C) To issue subpoena ad testifucandum and subpoena duces tecum. 

(D) Omitted, 

(E) To enact and enforce such rules and regulations regarding its activities and governing its 

internal affairs as the Tribal Commission may deem necessary and proper to effectuate the 
powers granted by this Ordinance and the powers granted and duties imposed by applicable law. 

(F) To publish and distribute copies of this Ordinance and Tribal Commission rules and any 

Executive Committee, Tribal Commission or Tribal Court decisions regarding gaming matters. 

(G) Omitted. 

(H) To work with the staff of any tribal department, program, project, or operation and to 

cooperate with the Tribal Executive Committee or any sub committee of the Executive Committee 

in regard to gaming issues. 

(I) To make or cause to be made by its agents or employees, an examination or investigation of 

the place of business, equipment, facilities, tangible personal, property, and the books, records, 

papers, vouchers, accounts, documents, and financial statements of any game or gaming activity 

operating, or suspected of operating, within the jurisdiction of the Tribe. In undertaking such 

examination or investigation, the Tribal Commission may request the assistance of tribal gaming 

staff, federal and local law officials, legal counsel, and other third parties. 

(J) To maintain and keep current a record of new developments in the area of Indian gaming. 

(K) To request the assistance of the Tribal Court or Tribal Appellate Court in conducting gaming 

hearings, defining terms used in this Ordinance or other tribal laws, or in any other matter in 

which the Tribal Commission deems such assistance to e necessary or proper. 

(L) Omitted, 

(M) To obtain and publish a summary of federal revenue laws relating to gaming and to insure 

compliance with same, 

(N) To arrange for training of Tribal Commission members, tribal employees and others in areas 

relating to the regulation or operation of gaming. 

(0) Upon prior explicit written approval of the Executive Committee, to employ such advisors as 

it may deem necessary. Advisors may include, but shall not be limited to, law enforcement 

specialists and gaming professionals, the Tribe's general legal counsel or special legal counsel, 

and the Tribe's accountants. 

(P) Omitted 

(Q) To promulgate rules and regulations to implement and further the provisions of this 

Ordinance. 

(R) To approve or disapprove any application for a tribal gaming license. 

(S) To consult with and make recommendations to the Tribal Executive Committee regarding 

changes in tribal gaming laws and policies. 

(T) Officer or employee to examine under oath, either orally or in writing, in hearings or 

otherwise, any person or agent, of any person, or any other witness, with respect to any matters 

related to this Ordinance, including enforcement of tribal gaming laws, regulations and policies, 

and to compel by subpoena the attendance of witnesses and the production of any books, 

records and papers with respect thereto. 

(U) When necessary or appropriate, to request the assistance and utilize the services of the 

courts, law enforcement and government officials and agencies, and private parties, in exercising 

its powers and carrying out its responsibilities. 
(V) To delegate to an indivioual meniber or memoers of the Tr'ba Commiss on, or, w th the 

approva of [he Tr bal Exec~tive Committee, ro Tr bal or Tribal Commission staff, s~ch of ts 

functions as may be necessary to administer this Ordinance efficiently, provided, that the Tribal 

Commission may not redelegate its power to exercise any substantial governmental function of 

the Tribe or its power to promulgate rules and regulations, and provided further, that the Tribal 

Commission may not delegate to anyone the power to permanently revoke a tribal gaming 

license. 

(W) To close permanently, after notice and a hearing, any game or games which are operating in 

violation of tribal law. 

(X) TO sue or be sued in courts of competent jurisdiction within the United States, subject to the 

provisions of this Ordinance and other trial laws relating to sovereign immunity, provided, that no 

suit shall be brought by the Tribal Commission without the prior explicit written approval of the 

Tribal Executive Committee. 

(Y) Omitted. 

(2) Omitted. 

(AA) Omitted 

(AB) Omitted 

(AC) To arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the 

Tribal Commission's authorized activities. 

(AD) Omitted. 

(AE) Omitted. 

(AF) Omitted 

(AG) Omitted. 

(AH) With prior approval of the Tribal Executive Committee, to make application and accept 

grants and other awards from private and governmental sources in carrying out or furthering the 

purposes of the Tribal Commission or the Tribe. 

(Al) Omitted. 

(Al) (sic) Omitted. 

(AK) To require by regulation, the filing of any records, forms and reports and ail other 

information desired by the Tribal Executive Committee for implementation of this Ordinance 

relating to any gaming activity or operation or any investigation as required by trial law and the 

IGRA. 

(AL) To provide for an internal system of record-keeping with adequate safeguards for preserving 

confident al ty as deemed necessary by the Tribal Commiss on. All app cat'ons, oackgrouno 

investigat ons and Trioa Commiss'on dec'sions shall be rera'nod in Triba Commission fi es for a 

period of at least five (5) years 

(AM) To adopt a schedule of fees to be charged for gaming licenses issued pursuant to this 

Ordinance. 
(AN) To adopt a schedule of fees and charges for services rendered relating to transcripts and 

the furnishing or certifying of copies of proceedings, files and records. 

(AO) To supervise, inspect and regulate all gaming activities within the jurisdiction of the Tribe. 

(AP) To promote the full and proper enforcement of this Ordinance and other applicable law 

regarding gaming activities within the jurisdiction of the Tribe. 

(AQ) To conduct background investigations of all persons who propose to participate in any 

gaming activity or operation. 

(AR) To compel obedience of its lawful orders by proceedings of mandamus or injunction or 

other proper proceedings in the name of the Tribe in Tribal Court or any other court having 

jurisdiction of the parties and of the subject matter; provided, that no suit shall be brought by the 

Tribai Commission without the prior explicit written approval of the Tribai Executive Committee 

after consultation with the Tribal attorneys. 

(AS) To discipline any licensee or other person participating in any gaming activity by ordering 

immediate compliance with this Ordinance or Tribal Commission regulations and to issue an 

order of temporary suspension of any license issued under this Ordinance, whenever the Tribal 

Commission is notified of a violation by any such person of this Ordinance or any other applicable 

law. 

(AT) To issue an order of temporary closure of any gaming activity or operation in the event the 

Tribal Commission determines that immediate closure is necessary to protect assets or interests 

of the Tribe, pursuant to Tribal Commission regulations, or wheneGer the Tribal Commission shall 

receive information from the National Indian Gaming Commission that primary management 

official or key employee of a licensee does not meet the standards for being licensed under the 

IGRA. 

(AU) To become self-regulating whenever the Tribe becomes eligible for a certificate of selfregulation under the IGRA. 

4.19 ANNUAL BUDGET 

The en banc Tribal Commission shall prepare an annual operating budget for all Tribal 

Commission activities and present it to the Executive Committee for approval by August 15 of 

each year. The request of the en banc Tribal Commission shall be subject to the Tribal 

Appropriations Act. 

4.20 TRIBAL COMMISSION REGULATIONS 

(A) En banc Tribal Commission regulations necessary to carry out the orderly performance of its 

duties and powers shall include, but shall not be limited to, the following: 

1. Internal operational procedures of the en banc Tribai Commission and its staff; 

2. Interpretation and application of this Ordinance as may be necessary to carry out the 

Tribal Commission's duties and exercise its powers; 

3. A regulatory system for ail gaming activity, including accounting, contracting, 

management and supervision; 

4. The findings of any reports or other information required by or necessary to implement 

this Ordinance; and 

5. The conduct of inspections, investigations, hearing, enforcement actions and other 

powers of the Tribal Commission authorized under this Ordinance. 
(6) No regulation of the en banc Tribal Commission shall be of any force or effect unless it is 

adopted by an en banc Tribal Commission by written resolution and subsequently approved by a 

resolution of the Tribal Executive Committee and both filed for record in the office of the Tribal 

Secretary and in the Office of the Clerk of the Tribal Court 

(C) The Tribal Court and any other court of competent jurisdiction shall take judicial notice of all 

Tribal Commission regulations adopted pursuant to this Ordinance. 

4.21 RIGHT OF ENTRANCE: MONTHLY INSPECTION 

The en banc Tribal Commission and duly authorized officers and employees of the en banc Tribal 

Commission, during regular business hours, may enter upon any premises of any gaming 

operator or gaming establishment for the purpose of making inspections and examining the 

accounts, books, papers, and documents, of any such gaming operator or gaming establishment. 

Such gaming operator shall facilitate such inspection or examinations by giving every reasonable 

aid to the en banc Tribal Commission and to any properly authorized office or employee. 

A Commissioner or a member of the en banc Tribal Commission's staff shall visit each tribailyowned or tribally-operated gaming establishment at least once every two weeks during normal 

business hours for the purpose of monitoring its operation. Such visits shall be unannounced. 

4.22 INVESTIGATIONS 

The en banc Tribal Commission, upon complaint or upon its own initiative or whenever it may 

deem it necessary in the performance of its duties or the exercise of its powers, may investigate 

and examine the operation and premises of any person who is subject to the provisions of this 

Ordinance. In conducting such investigation, the en banc Tribal Commission may proceed either 

with or without a hearing as it may deem best, but it shall make no order without affording any 

affected party notice and an opportunity for a hearing pursuant to Tribal Commission regulations. 

4.23 HEARINGS; EXAMINER 

Pursuant to regulations, the en banc Tribal Commission may hold any hearing it deems to be 

reasonably required in administration of its powers and duties under this Ordinance. "Whenever 

it shall appear to the satisfaction of the en banc Tribal Commission that all of the interested 

parties involved in any proposed hearing have agreed concerning the matter at hand, the en banc 

Tribal Commission may issue its order without a hearing. 

The en banc Tribal Commission may designate one of its members to act as examiner for the 

purpose of holding any such hearing or the en banc Tribal Commission may appoint another 

person to act as examiner under subsection 4.24 below. The en banc Tribal Commission shall 

provide reasonable notice and the right to present oral or written testimony to all people 

interested therein as determined by the en banc Tribal Commission. 

4.24 APPOINTMENT OF EXAMINER; POWER OF EXAMINER 

The en banc Tribal Commission may appoint any person qualified in the law or possessing 

knowledge or expertise in the subject matter of the hearing to act as examiner for the purpose of 

holding any hearing which the en bancTribal Commission, or any member thereof, has power or 

authority to hold. Any such appointment shall constitute a delegation to such examiner of all 

powers of a commissioner under this Ordinance with respect to any such hearing. 

4.25 OMITTED. 

4.26 OMITTED. 
SECTION 5. GAMING LICENSES 

5.1 APPLICABILITY 

This Ordinance governs all persons engaged or employed in gaming within the jurisdiction of the 

Tribe. Any application for license pursuant to this Ordinance or participation in any gaming 

activity within the jurisdiction of the Tribe shall be deemed to be a consent to the jurisdiction of the 

Tribe and the Tribal Court in ail matters arising from the conduct of such gaming and all matters 

arising under any of the provisions of this Ordinance or other tribal laws. 

5.2 LICENSE REQUIRED 

No person shall operate Class II or Class ill gaming within the jurisdiction of the Tribe unless 

such gaming is licensed by the Tribe. A separate tribal gaming license shall be obtained for each 

game authorized by Section 10. The decision to grant, revoke or decline to renew shall be final 

and not subject to appeal. 

5.3 TYPES OF LICENSES 

The Tribe shall issue each of the following types of gaming licenses: 

(A) Tribally-Owned or Tribally Operated Ciass II. This license shall be required of all triballyowned or tribally-operated gaming activity operating one or more Class II games of chance. 

(B) Tribally-Owned or Tribally-Operated Class Ill. This license shall be required for all tribailyowned or tribally-operated gaming activity operating any games of chance other than Class I or 

Class II gaming. 

5.4 NO LICENSE REQUIREMENT FOR CLASS I GAMING 

A tribal license shall not be required for any Class I gaming activity or operation, provided, 

however, that each Class I gaming activity or operation must have written permission of the Tribal 

Commission, and such permission must be on file with the Tribal Secretary before any such 

Ciass I gaming is conducted. 

5.5 APPLICATION PROCEDURES 

(A) Application for Gaming License. For any proposed Class II or Class Ill gaming activity, the 

Executive Committee shall file with the Tribal Commission an application for a tribally-owned or 

tribaiiy-operated Class II or Class Ill gaming license, whichever is appropriate, which shall contain 

the name of the proposed enterprise, its location and all other pertinent information required by 

this Ordinance and Tribal Commission regulations, 

(B) Tribally-Owned and Tribally-Operated Class II. Before issuing a license to a tribally owned or 

operated Class II gaming activity the en banc Tribal Commission shall: 

1. Review the proposed gaming activity to ensure that all criteria required by this Ordinance 

shall be met. 

2. Perform the necessary background investigations on management contractors, primary 

management officials and key employees required by this Ordinance. 

3. Review and approve the accounting procedures to be used in such gaming activity. 

4. Take any additional steps necessary to ensure the integrity of such gaming activity. 
5. A separate license shall be required for each place, facility or location where the 

Delaware Nation Executive Committee elects to allow the operation of a Class II gaming 

facility pursuant to this Ordinance. 

(C) Tribally-Owned and Tribally-Operated Class Ill. Before issuing a license to a tribally-owned 

or operated Class Ill gaming activity the en banc Tribal Commission shall: 

1. Review the proposed gaming activity to ensure that all criteria required by this Ordinance 

shail be met. 

2. Perform the necessary background investigations on management contractors, primary 

management officials and key employees required by this Ordinance. 

3. Review and approve the accounting procedures to be used in such gaming activity. 

4. Take any additional steps necessary to ensure the integrity of such gaming activity. 

5. Review all aspects of the proposed gaming operation to ensure that it will be in 

compliance with the provisions of the applicable tribal-state compact. 

6. A separate license shall be required for each place, facility or location where the 

Delaware Nation Executive Committee elects to allow the operation of a Class Ill gaming 

facility pursuant to this Ordinance. 

5.6 CRITERIA WHICH A POTENTIAL GAMING OPERATOR MUST MEET 

The en banc Tribal Commission shall issue the above license to any tribally owned or triballyoperated Class II or Class Ill proposed gaming activity only if all of the following criteria are met: 

(A) The proposed gaming activity or facility is to be located on land which was held in trust for the 

Tribe prior to October 17, 1988, or on trust lands which were located within or contiguous to the 

boundaries of the former Wichita Reservation (the reservation upon which Delaware Tribal 

members received individual allotments and where Delaware jointly held lands are now located) 

or on lands taken into trust after October 17, 1988, under appropriate federal statutes and 

regulations. 

(8) The proposed gaming activity is to be played as Class II gaming as defined by this Ordinance 

and the IGRA or its Class Ill gaming authorized by a tribailstate gaming compact. 

(C) The proposed gaming activity is authorized by a Tribal Executive Committee resolution. 

(D) The Tribe will have the sole proprietary interest and the Tribe will have the exclusive 

responsibility for the conduct of the proposed gaming activity, or if it is not, the management 

contract or other management agreement for that gaming is consistent with tribal and federal law 

and is properly approved by the Chairman of the Indian Gaming Commission. 

(E) The resolution authorizing the proposed gaming activity provides that: 

1. The revenues of the proposed gaming activity shall be audited annually and copies of 

those audits will be provided to the en banc Tribal Commission and the National Indian 

Gaming Commission. 

2. The proposed gaming activity shail comply with all IRS reporting and filing requirements. 

3. Ail of the revenue of the proposed gaming activity shall be used for the purposes stated 

in subsection 9.2. 

4. All gaming-related contracts for supplies services or concessions for an amount in excess 

of $25,000 annually, except contracts for legal and consulting services, shall be subject 

to an annual independent audit. 

5. The construction or maintenance of the gaming facility and the operation of the proposed 

gaming activity shall be conducted in a manner which the en banc Tribal Commission 

finds will adequately protect the environment and the public health end safety. 
6. The gaming manager, all primary management officials, and all kevem~lovees have 

passed thebackground investigations and obtained the tribal gamhg empioyee licenses 

required by this Ordinance. Officials and key employees will be required to pass 

background investigations and obtain tribal gaming employee licenses before they are 

hired. 

7 The en banc Tribal Commission shall have the authority to regulate the proposed gaming 

activity. 

8 The proposed gaming activity shall pay to the National Indian Gaming Commission such 

fees federal law may require to be paid. 

9 If the gaming activity is Class Ill gaming, such gaming activity meets all other criteria 

established by the triballstate compact. 

5.7 LICENSE APPLICATION FEES 

No application fee shall be required for a tribally-owned or tribally-operated Class II or Class Ill 

gaming activity. 

5.8 LICENSE TAX 

No annual license tax shall be required for a tribally-owned or tribally-operated Class II or Class 

Ill gaming operation. 

5.9 FORM OF GAMING LICENSE 

Every gaming license issued by the en banc Tribal Commission shall include the name and 

address of the authorized licensee and the signature of an authorized officer of the en banc Tribal 

Commission. 

5.10 SCOPE OF GAMING LICENSE 

A gaming license issued by the en banc Tribal Commission shall be effective only for the gaming 

activity and location specified in the application. Such license may be transferred only upon prior 

approval of the en banc Tribal Commission upon written request that details the proposed new 

gaming activity, its location and proposed gaming operator. 

5.11 TERMS OF LICENSE 

A tribally-owned and tribally-operated Class II and Class Ill gaming license shall be valid for a 

period of one (1) year from the date of issuance or until further action of the en banc Tribal 

Commission to extend the license. 

5.12 POSTING OF LICENSES 

Each gaming operator shall post its tribal gaming iicense in a conspicuous location at the gaming 

operator's gaming facility. If a gaming operator has more than one gaming facility, the gaming 

operator must obtain and post a separate license for each gaming faciiity. A gaming operator 

licensed to sell raffle tickets outside a gaming facility shall carry a copy of the gaming license in 

which such person is employed. 

5.13 GAMING LICENSE RENEWALS 

Each tribal gaming license must be renewed every year. No renewal fee shall be required for a 

tribally-owned or tribally-operated Class II or Class Ill license. In order to obtain a renewal 

iicense, the gaming operator shall submit a written renewal application to the en banc Tribal 

Commission. No renewal application shall be approved until the annual report, required by 
subsection 5.14, has been properly filed. All renewal applications submitted by a tribally-owned 

Class Il or Class Ill gaming activity shall be approved within a reasonable time unless the Gaming 

Commission determines, based on reasonaoie grounds, that tne enterpr se has oeen or will oe 

operated in v olation of the triba , feoeral or other appl cao e aw or the rerms of the tr oallstate 

compact. 

5.14 ANNUAL REPORTS 

Each gaming operator who possesses a Class II or Class Ill tribal gaming license must file an 

annual report with the Tribal Commission and the Tribal Executive Committee between the 15'~ 

and the last day of the 12'~ month duration of each such license. The report shall be submitted to 

the Tribal Commission on the annual report form provided by the en bancTribal Commission and 

shall include the following information: 

(A) The name, address and telephone number of the gaming operator; 

(6) The names, address and titles of its current gaming managers and all sub-managers; 

(C) A description of each gaming activity that is operated and the total gross revenue of each; 

(D) A written copy of any changes the gaming operator proposes to initiate in its rules; 

(E) A statement of the specific dates and times during which the gaming activity will be operated 

during the next license period; 

(F) The name and address of the person who will be the gaming manager and the names and 

addresses of all persons who will be the primary management officials during the next license 

period; 

(G) A statement of any changes in the gaming manager or in the primary management officials 

or key employees who will operate the gaming activity over the next license period; 

(H) The names and addresses of any employees whom the en banc Tribal Commission may 

determine to be key employees during review of the application; 

(I) Written proof that the gaming operator has paid to the National Indian Gaming Commission 

such fees as federal and tribal law may require it to pay and will continue to do so; 

(J) A sworn statement that the gaming operator has complied with the Internal Revenue Code 

and regulations, including written notice of customer winning, and a statement that the gaming 

operator shall continue to obey all tribal and federal laws and shall hold the Tribal Commission 

and the Tribe harmless for failure to do so; 

(K) The description of any location at which the gaming activity has been conducted and any new 

location which is expected to be established during the next license period; 

(L) The number of full-time equivalent persons, on an annualized basis, employed by the 

operation during the past 12 months, together with a projection of the number of full-time 

equivalent people who are expected to be employed during the next license period; 

(M) The total gross revenue of the gaming operator attributable directly or indirectly to triballylicensed gaming activity over the proceeding 12 months; 

(N) A sworn statement that the gaming operator will continue to comply with all tribal and federal 

laws applicable to the gaming operator's gaming operation; 
(0) A sworn statement that the gaming operator and all of its key employees and management 

contractors continue to consent to Tribal Court jurisdiction and service of process in all matters 

arising from the conduct of tribally-licensed gaming activity; 

(P) The name, address and signature of the agent who will accept service of process on behalf 

of the gaming operator, who must reside on the Reservation; and 

(Q) If the gaming operator is a corporation, a copy of any amendment to its articles of 

incorporation, properly certified by the incorporating government, unless a current copy has 

already been filed with the Tribal Commission. 

5.15 PROCEDURE TO REMEDY GAMING LICENSE VIOLATION 

If the en banc Tribal Commission finds that a tribally-owned or operated gaming activity is being 

operated in violation of this Code or otherwise presents a threat to the Tribe or to the public, the 

en banc Tribal Commission shall immediately take all necessary steps to bring such activity into 

compliance, including, but not limited to, closing down such activity temporarily or permanently 

pursuant to enforcement procedures and regulations duly promulgated by the en banc Tribal 

Commission under this Code. Nothing contained in this Section or in this Code shall be 

construed as limited, restraining or affecting a waiver of the Tribe or of the Tribal Executive 

Committee's right and authority to take appropriate action to remedy any gaming violation 

pursuant to tribal and federal law. . . 

SECTION 6. GAMING EMPLOYEE LICENSES 

6.1 CURRENT AND VALID GAMING EMPLOYEE LICENSE REQUIRED 

Every primary management official and every key employee of any Class II or Class Ill gaming 

activity subject to this Code shall possess a current, valid gaming employee license. 

6.2 APPLICATION FOR GAMING EMPLOYEE LICENSE 

(A) A person seeking a tribal gaming employee license shall submit an application to the Tribal 

Commission on such form and in such manner as the Tribal Commission may require. 

(B) Such application shall include the following information: 

(1) The applicant's name, including all other names used, current home and work addresses 

and telephone numbers, gender, social security number, place of birth, date of birth, 

citizenship, and driver's license number, as well as the address of his or her personal 

residences over the past five years. If the applicant has resided at his or her current 

address for less than two years, his or her previous address. 

(2) The name, address and telephone number of the gaming facility and of the gaming 

operator for whom the applicant intends to work and the specific location in which the 

applicant will be employed. 

(3) The name and job description of the applicant's position. 

(4) The names and addresses of the applicant's living parents, grandparents, spouse, 

children, brothers, and sisters. 

(5) A statement as to whether or not the applicant has ever been charged with a crime and if 

so the charge, the name and address of the court involved, the applicant's explanation of 
the outcome of the case, including the date of final disposition. 

(6) The names, current addresses and telephone numbers of three references who are not 

related to the applicant and who were acquainted with the applicant when the applicant 

was residing at each of the addresses listed In subsection 6.2(8)(1). 

(7) A list of the applicant's previous jobs over the preceding five years, including the name, 

address and telephone number of his or her employer, and the position held. 

(8) The names and addresses and a brief description of all businesses in which the applicant 

currently holds, or has within the last five years held, an ownership interest. 

(9) A description of any previous employment relationship with an Indian Tribe, including the 

employee position held, name of the Tribe involved and name and address of a person 

who can attest to the accuracy of the information provided. 

(10) A description of any current or past non-employee business arrangement which the 

applicant has had with an Indian Tribe, including the name of the Tribe involved and the 

name and address of a person who can attest to the accuracy of the information 

provided. 

(11) A statement as to whether the applicant has had any past employment with, or 

ownership interest in, any gaming business. If so, the applicant shall provide a written 

statement describing his or her position, the dates during which that position was held, a 

description of the applicant's ownership interest or job responsibilities and the name, 

address and phone number of the business, and a person who can attest to the accuracy 

of the information provided. 

(12) A list of all gaming-related licenses the individual has ever applied for, whether or not 

those licenses were granted and the name and address and phone number of the 

regulatory agency involved. 

(13) A list of all professional or business licenses the applicant has applied for, whether or 

not those licenses were granted and the name, address and phone number of the 

regulatory agency involved. 

(14) A statement of all languages written or spoken. 

(15) A sworn statement that neither the applicant nor any member of his immediate family 

has a past or current financial interest, other than a salary interest, in any gaming-related 

enterprise anywhere. If the applicant has any relative who has such a relationship, the 

applicant shall fully disclose his name and the nature of the relationship. 

(16) Written permission giving the Tribal Commission or its designee the right to investigate 

the applicant's background, including his criminal record, civil and criminal judgments and 

credit history. 

(17) A complete disclosure of any pending or anticipated civil or criminal action against the 

applicant, including the name and address of the police department and court involved. 

(18) A disclosure of any civil or criminal judgments rendered against the applicant, including 

the case number, a description of the judgment and the name and address of the court 

involved. 

(19) The applicant's fingerprints will be taken by Gaming Commission or its designee, who 

are responsible for conducting this portion of the applicant's criminal history check and 
forwarding the fingerprint cards to the NlGC for processing through the FBI. 

(20) Any other information which might bring into question his fitness to serve as a primary 

management official or key employee of a licensed gaming operation. 

(C) Each application shali be accompanied by a sworn statement that if the license is issued, the 

applicant will submit to the jurisdiction of the Tribe and the Tribal Court. 

(D) Each application shall be accompanied by a photograph of the applicant taken within the last 

year. 

(E) Each appiication shall be accompanied by a sworn statement that the applicant will abide by 

this Ordinance and all other applicable law. 

(F) Each application shall be accompanied by a written statement that the applicant has read. 

understands and approves a notice of their rights as per the Privacy Act of 1974, 25 U.S.C. 2701, 

et seq, as it may be amended from time to time, as required by 25 CFR 5 556.2(a). Further, each 

application shall be accompanied by a written statement that the applicant has read, understands 

and shall comply with the False Statement Notice as required by 25 CFR § 556.3. 

(G) Each application for a gaming employee license shall be accompanied by a fee of $50.00 

subject to the following conditions: 

(1) All key employees and primary management officials employed as of December 10, 1993 

shall be exempt from payment of the application fee. 

(2) All key employees and primary management officials employed after December 10, 1993 

shall be subject to payment of the $50.00 application fee. 

(3) All key employees and primary management officials employed after December 10, 

1993, as a condition of their employment which shall be evidenced by a voluntary 

consent form, hereby agree that the $50.00 application fee delineated in Subparagraphs 

(3) and (4) of this section shall be deducted from their first paycheck by withholding 

$25.00 and from their second paycheck by withholding $25.00. The Tribal Commission 

may revise the application fee. 

(4) All employees of a gaming facility shall be subject to a $20.00 deposit on any uniforms 

issued to the employee. The deposit shall be returned upon the termination or 

resignation of the employee's employment relationship and the employee's return of the 

uniform in good condition. 

6.3 REVIEW PROCEDURE FOR GAMING EMPLOYEE LICENSE APPLICATION 

Before issuing a gaming employee license, the four Tribal Commissioners responsible for 

carrying out gaming licensing eligibility investigations shall: 

(A) Perform or arrange to have performed the necessary background investigation on the 

applicant required by this Code and by 25 CFR 3s 556 and 558, in order to determine the 

applicant's prior activities, criminal record, if any, and reputation, habits and associations, 

provided in the application and ail appropriate steps to verify the accuracy of information 

contained in the application. This investigation shall include contacting each reference provided 

in the application, and interviewing a sufficient number of knowledgeable people such as former 

employers and personal references of the applicant to provide the Tribal Commission with a 

rational basis upon which to determine the applicant's eligibility for licensing. A complete record 

of these background investigative procedures shall be kept for each applicant and summarized in 

a written report. This background investigative report shali include ail steps taken in conducting 
the investigation of the applicant, the results obtained, conclusions reached, and the basis for 

these conclusions. The Tribal Commission shall review the contents of these background 

investigative reports according to the requirements of this Code and requirements at least as 

stringent as those in 25 CFR §§ 556 and 558. Based upon this review, the Tribal Commission 

shall grant or deny a gaming license to a key employee or primary management official. The 

applicant shall be notified in writing of the Tribal Commission's decision. If the four 

Commissioners charged with enforcing this section votes to deny the license, it shall include in 

such notice the specific reasons for its decision. 

(B) Forward to the National Indian Gaming Commission a copy of the application, the results of 

the background investigations performed and the Tribal Commission's findings and decision. The 

investigative report and eligibility determination shali be forwarded to the NlGC thirty (30) days 

before licensing as per 25 CFR § 556.5. 

(C) All applicants, background investigations and decisions shall be retained in the en banc Tribal 

Commission files for a period of at least 5 years. 

6.4 SCOPE OF GAMING EMPLOYEE LICENSE 

A gaming employee license shall be effective only for the person to whom it is issued and only 

with respect to the gaming facility specific in the application. Any such license may be transferred 

to new gaming facility only upon prior approval of the en banc Tribal Commission upon written 

request of the licensee which shall identify the proposed new gaming facility, its location and the 

proposed gaming operator thereof. 

6.5 LICENSING PERIOD 

An employee gaming license issued pursuant to this Code shall be effective for a period of one 

year from the date of issuance or until such time as the en banc Gaming Commission changes 

the effective date and shall state on its face the date that the license became effective and the 

date that it expires. 

6.6 RENEWALS 

A holder of an employee gaming license shall apply to the Tribal Commission for a renewal 

before his original license has expired, updating all information contained in the original 

application. 

6.7 REQUIREMENT TO PRODUCE LICENSE UPON REQUEST 

Any person receiving an employee gaming license must carry that license upon his person during 

all working hours and must produce that license upon the request of any law enforcement official 

with jurisdiction over the gaming activity or any agent of the Tribe, the Tribal Commission or the 

National Indian Gaming Commission. 

6.8 PERMANENT LICENSE REVOCATION OF EMPLOYEE GAMING LICENSE 

(A) Grounds for Permanent Revocation. The en banc Tribal Commission may permanently 

revoke an employee's gaming license, after notice and an opportunity for a hearing, for any of the 

following reasons: 

1. The employee has withheld pertinent information on his application; 

2. The employee has made false statements on the application; 

3. The employee has participated in gaming activity which was not authorized by any tribal 
gaming license; 

4. The employee has attempted to bribe a Tribal Executive Committee member, Tribal 

Commissioner or other person in an attempt to avoid or circumvent this Ordinance or any 

other applicable law; 

5. The employee has offered something of value or accepted a loan, financing or other thing 

of value from an en banc Tribal Commission member, participating in any gaming 

activity; 

6. The employee has knowingly promoted, played or participated in any gaming activity 

operated in violation of this Code or any other applicable law; 

7. The employee has been knowingly involved in the falsification of books or records which 

relate to a transaction connected with the operation of gaming activity; 

8. The employee has violated any provision of this Code or the rules and regulations of the 

en banc Tribal Commission; 

9. The employee has been convicted of or has entered a plea of nolo contendere to, any 

crime involving gaming, fraud, theft, embezzlement or other activity which, if perpetrated 

at his gaming operator's place of employment would injure or pose a threat to the public 

interest, or the integrity of the gaming activity, or the effective regulation of gaming or 

enhance the dangers of unfair, unsuitable or illegal gaming practices; 

10. The employee has been convicted of or entered a plea of nolo contendere to a crime 

involving the sale of illegal narcotics or controlled substances; 

11. The employee has failed to comply with any lawful order, inquiry or directive of the Tribal 

Commission, the Tribal Executive Committee or any administrative or judicial body of 

competent jurisdiction, arising from any gaming activity whether or not subject to this 

Ordinance; or 

12. The employee is determined to have present or prior activities, including criminal record, 

or prior activities, including criminal record, or reputation, habits or associations which 

pose a threat to the public interest or to the effective regulation of gaming, or create or 

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

in the conduct of gaming. 

(6) Procedure for Permanent Revocation. Whenever it is brought to the attention of the Tribal 

Commission that a person has violated any of the conditions in subsection 6.8(A)(1) through (12), 

or has failed to comply with any condition of his tribal gaming license or has failed to obtain a 

license, the en banc Tribal Commissioner its designee may either undertake an investigation, or 

serve upon such person an order to show cause why the person's license should not be revoked 

or why the person should not be enjoined from conduction gaming activities within the jurisdiction 

of the Tribe. The order shall state the time and place of the hearing, the grounds for which such 

revocation is sought, and that the employee shall have an opportunity to present testimony and to 

cross examine opposing witnesses, and to present any other evidence as to why revocation or 

injunction should not be issued. The hearing shall be governed in all respects in accordance with 

tribal law and Tribal Commission regulations. 

6.9 TEMPORARY SUSPENSION OF EMPLOYEE GAMING LICENSE 

(A) Grounds for Temporary Suspension. The en banc Tribal Commission may temporarily 

suspend an employee gaming license for not more than thirty days for any of the following 

reasons: - - 

1 Tne employee has been charged w tn a violat on of any gam ng law. 

2. The employee's cont nued employment as a primary management offic al or key 

employee of a game or gaming activity poses a threat to the general public. 

3. The employee has made a material false statement in his license application. 

4. The employee has participated in gaming activity unauthorized by his tribal gaming 

license. 

5. The employee has refused to comply with any lawful order of the en banc Tribal 

Commission, the Tribal Executive Committee, the Tribal Court or the National Indian 

Gaming Commission arising from or relating to gaming. 
(6) Procedure for Temporary Suspension, Whenever it is brought to the attention of the en banc 

Tribal Commission that a person has violated any of the conditions in subsections 6.9(A)(1) 

through (5), or has failed to comply with any condition of his employee gaming license or of this 

Ordinance that constitutes a direct and immediate threat to the peace, safety, morals or health or 

welfare of the community, the en banc Tribal Commission or its designee shail issue a notice of 

temporary suspension of such person's employee gaming license, which shall be served upon 

the employee. The notice shall state the time and location of the hearing, the grounds upon 

which such temporary suspension is ordered, and that the employee shail have an opportunity to 

present testimony and to cross-examine opposing witnesses and to present any other evidence 

as to why suspension should not issue. The employee shall immediately cease and desist 

operating in his management position or in his capacity as a key employee upon receipt of the 

order, but such person may file a notice of appeal with the en banc Tribal Commission within five 

days of such receipt. Upon receipt of such notice of appeal, the en banc Tribal Commission shall 

hold a hearing on the order within fourteen calendar days of its receipt of the appeal. At the 

hearing, the employee shall have the opportunity to present testimony and cross-examine 

witnesses, and present any other evidence as to why temporary suspension order should not be 

issued. Such hearing shall be governed in all respects by tribal law and en banc Tribal 

Commission regulations. 

SECTION 7. PROVISIONS OF GENERAL 

APPLICABILITY TO ALL GAMING OPERATORS 

7.1 Each Class II or Class Ill gaming activity within the jurisdiction of the Tribe shall be 

conducted by a gaming operator who possesses a current and valid tribal gaming license. 

7.2 Each tribal gaming license shall be applicable only to one gaming site and the gaming 

operator named on such license. 

7.3 No tribal gaming license shall be sold, lent, assigned or otherwise transferred. 

7.4 Each management and key employee of a license gaming activity shail possess a current 

and valid tribal gaming employee license. 

7.5 A tribal gaming license shall be issued only to a person who qualified therefore under this 

Ordinance, or to the Tribe or a tribal subdivision. 

7.6 Each gaming operator shall have a copy of this Code and regulations readily available for 

inspection by any person at each authorized gaming facility or activlty. 

7.7 No person under the age of 18 years shall be permitted to conduct, assist in or play any 

gaming activity conducted at any location having an alcoholic beverage license of any type or 

class. 

7.8 No person under the age of 14 years shall be permitted to enter the area of any building in 

which a gaming activity is being conducted. 

7.9 A person under the age of 14 years may participate in gaming activity in private homes, 

purchase raffle tickets, attend sporting contests or ticket drawings, and stick game and other 

traditional gaming tournaments. 

7.10 Each gaming operator shall post in a conspicuous location near where each gaming activity 

is being played or shall otherwise provide the public with an explanation of the rules of play of 

every game operated. 
7.11 A gaming operator is prohibited from renting or lending gaming equipment to any person 

without the prior written approval of the Tribal Commission. 

7.12 A gaming operator is prohibited from exchanging pull-tabs, punch-boards, sports pools, 

and twenty-one boxes (shoes) without the approval of the Tribal Commission. All other gaming 

equipment may be exchanged without prior approval. Any request for approval shall be made to 

the Tribal Commission at least 5 days prior to the exchange. 

7.13 Each gaming operator who participates in the printing, manufacture, or construction of any 

equipment for gaming activity shall first notify the Tribal Commission of his intention and shall 

have the finished product approved by the Tribal Commission before it is placed in service. 

7.14 Gaming chips and other tokens of value may be sold and redeemed only by the gaming 

operator and only for full value. 

7.15 Every licensed gaming operation shall maintain and keep for not less than 10 years 

permanent books of accounts and records, including inventory records of gaming supplies, 

sufficient to establish the gross net income, deductions, expenses, receipts and disbursements of 

the enterprise. 

7.16 There shall be no sale of liquor at any gaming site without the prior approval of the Tribal 

Executive Committee. 

7.17 Consideration for the chance to play in any gaming activity shall only be cash or, if allowed 

by the gaming operator, personal check and shall be presented at the time the game is played. 

No other form of consideration shall be allowed unless the en banc Tribal Commission gives prior 

written approval. 

7.18 Evidence of any win or loss incurred by a player must, upon request, be provided to such 

player in such form as will be acceptable to the IRS. 

7.19 Each gaming operator shall pay all fees and file all reports required by law within the time 

prescribed. 

7.20 Each gaming operator shall respond immediately to, and obey all inquiries, subpoenas or 

orders of the Tribal Commission, the Tribal Executive Committee, the Tribal Court, or the National 

Indian Gaming Commission. 

7.21 Each gaming operator shall prominently display at each gaming site a current, valid tribal 

gaming license. 

7.22 Each gaming operator shall at all times maintain an orderly, clean, and neat gaming 

establishment, inside and out. 

7.23 Each gaming operator shall provide adequate security to protect the public before, during 

and after any gaming activity. 

7.24 Each licensed gaming activity shall be subject to patrol by the tribal police force for the 

purpose of enforcing tribal law, and each gaming operator shall cooperate at ail times with the 

tribal police force. 

7.25 Each gaming operator shall make its premises and books and record available for 

inspeciton during normal business hours by the en banc Tribal Commission and members of the 
Tribal Executive Committee or their designee. 

7.26 No gaming shall be conducted on special days of observance designated by the en banc 

Tribal Commission. 

7.27 No gaming operator may discriminate on the basis of sex, race, color, or creed in the 

conduct of any licensed gaming activity. 

7.28 Each gaming operator shall keep accurate books and records of all moneys received and 

paid out and provide the en banc Tribal Commission or its designee with copies of or access to 

the same upon request. 

7.29 All net revenue of any gaming activity shall be used only in a manner prescribed by this 

Ordinance. 

7.30 Every gaming operator shali comply with ail applicable tribal and federal revenue reporting 

laws. 

7.31 Each gaming operator shall immediately suspend any empioyee who is charged with an 

offense described in subsection8.2(A) through (AG) or an offense related to the sale, possession, 

manufacture andlor transport of illegal drugs. The gaming operator shaii also immediately notify 

the en banc Tribal Commission in writing of the name of the person and the pending charge and 

advise the en banc Tribal Commission of the outcome of the case. If the empioyee is convicted 

or pleads nolo contendere to the charge, the employee's employment shall be terminated. 

7.32 Any dispute between the Delaware Nation gaming enterprises and the gaming public which 

arises over the payment of winnings to a member of the gaming public shall be resolved 

according to the following schedulk: 

(A) If the disputed win is less than $200.00 the department head, or designee, of that game shall 

resolve the matter at the time of the dispute, and that resolution shail be final. 

(B) If the disputed win is more than $200.00but less than $1,000.00 the gaming manager shall 

resolve the matter within eight (8) hours, and that resolution shall be final. 

(C) If the disputed win is $1,000.00 or more, the Tribal Commission shaii resolve the matter 

within thirty (30) days, and that resolution shail be final. 

SECTION 8. ENFORCEMENT 

8.1 JURlSDlClTON 

Except as provided in this Ordinance or in any triballstate compact under the IGRA, the Tribal 

Court shail have jurisdiction over ail violations of this Ordinance. 

8.2 PROHIBITED ACTS 

In addition to other civil and criminal offenses provided for in this Ordinance or under other 

applicable law, the following acts are prohibited and subject any violator to the civil or criminal 

penalties specified herein: 

(A) Operating or in any way participating in any on-reservation gaming activity not authorized by 

this Ordinance. 

(0) Knowingly making a false statement in connection with any contract to participate in any 

gaming activity. 
(C) Omitted. 

(D) Attempting to bribe any person participating in any gaming activity. 

(E) Offering or accepting a loan, financing or other thing of value between a Tribal Commission 

member or employee and any person participating in any gaming activity. 

(F) Promoting or participating in any illegal gaming activity. 

(G) Failing to keep sufficient books and records to substantiate receipts, disbursements and 

expenses incurred or paid from any gaming activity authorized pursuant to this Ordinance 

(H) Falsifying any books or records which relate to any transaction connected with any gaming 

activity pursuant to this Ordinance. 

(I) Conducting or participating in any gaming activity which in any manner results in cheating or 

misrepresentation or which allows in other disreputable tactics that detract from the fair nature 

and equal chance of participation between gaming players, or which otherwise creates an 

advantage over an above the chance of such gaming activity and which affects its outcomes. 

(J) To conduct a gaming activity with , or to allow participation in a gaming activity by, an 

intoxicated or disorderly player. 

(K) To allow or participate in the sale of liquor at gaming siteswhen such sale is prohibited by 

tribal law. 

(L) To accept consideration other than money, personal checks or other approved consideration 

for the chance to play or participate in any gaming activity. 

(M) To use bogus or counterfeit chips or charitable gaming tickets, or to substitute or use any 

cards, charitable gaming tickets or gaming equipment that has been marked or tampered with. 

(N) To employ or possess any cheating device or to facilitate cheating in any gaming activity, 

(0) To willfully use any fraudulent scheme or technique to change the odds of any game of 

chance. The technique known as "card counting" is specific grounds for barring a patron from the 

casino. 

(P) To solicit, directly or indirectly, or to use, inside information on the nature or status of any 

gaming activity for the benefit of any person. 

(Q) To tamperwith a gaming device or attempt to conspire to tamper with or manipulate the 

outcome or the payoff of a gaming device, or otherwise interfere with the proper functioning of the 

machine. 

(R) To alter or counterfeit a gaming license. 

(S) To aid, abet, or conspire with another person knowingly or knowingly to cause any person to 

violate any provision of this Ordinance or any rules and regulations adopted hereunder. 

(T) To operate, use or make available to the public any illegal gaming device, apparatus, 

material, or equipment. 

(U) To sell, hold out for sale or transport into or out of the jurisdiction of the Tribe any illegal 

gaming device, apparatus, material, or equipment. 
(V) To assist or allow a person who is underage to participate in any gaming activity. 

(W) To possess any illegal narcotics or controlled substances on any licensed gaming site. 

(X) To steal or attempt to steal funds or other items of value from any gaming establishment or 

from the Tribal Commission. 

(Y) To employ any person at a licensed gaming establishment whom the gaming operator knows 

has been convicted of a gaming crime or a crime of fraud. 

(2) To conspire with or induce any person to violate any of the provisions of this Ordinance or 

any tribal or federal law. 

(AA) No gaming operator or any of his employees or agents shall engage in any act, practice, or 

course of operation which could result in a fraud or deceit upon any person. 

(AB) To employ or have within the tribal jurisdiction any device to facilitate cheating in any game 

of chance. 

(AC) To use any fraudulent scheme or technique knowingly, or to solicit, provide, or receive 

inside information about any gaming activity with the intent of benefiting any person. 

(AD) Omitted. 

(AE) Omitted. 

(AF) To take, soiicit or encourage any action which undermines the integrity of any game of 

chance. . 

(AG) No gaming operator shall employ any person who has been convicted of or entered a plea 

of nolo contendere to a crime of theft, embezzlement, fraud, a gaming crime or any other crime 

which if perpetrated on the gaming operator's premises would threaten the fairness or integrity of 

the game or create a threat to the public. 

8.3 CRIMINAL VIOLATION 

Any Indian who violates or fails to comply with any provision of this Ordinance, or who fails to 

comply with any order or decision of the Tribal Commission, shall be guilty of a crime and shall be 

required to pay a maximum fine of $5,000.00 or to serve 2 years imprisonment. or both. Each 

day during which such violation or failure to comply continues shali constitute a separate violation 

of this Ordinance. 

8.4 CIVIL VIOLATION 

Any person who violates or fails to comply with any provision of this Ordinance, or who fails or 

neglects tocomply with any order of the Tribal Commission, shall be liable for a civil fine not to 

exceed $5,000.00 for each violation thereof. Each day during which such violation or failure to 

comply continues shall constitute a separate violation of this Ordinance. The amount of any such 

civil fine may be recovered in a civil action in the Tribal Court. 

8.5 CUMULATIVE FINES 

All civil fines accruing under this Ordinance shall be cumulative and a suit for the recovery of one 

fine shall not bar or affect the recovery of any other fine, orjudgment, penalty, forfeiture or 

damage, nor bar the power of the Tribal court to punish for contempt, nor bar any criminal 
prosecution 

8.6 PURPOSE OF CIVIL PENALTIES 

The civil fines imposed under this Ordinance are intended to be remedial and not punitive and are 

designed to compensate the Tribe or the damage done to the peace, security, economy and 

general welfare of the Tribe and the tribai jurisdiction, and to compensate the Tribe for costs 

incurred by the Tribe in enforcing this Ordinance. The civil fines under this Ordinance are also 

intended to coerce persons into complying with this Ordinance and Tribal Commission regulations 

and are not intended to punish such persons for violation of such laws and regulation. 

8.7 CIVIL ACTION FOR PENALTIES 

In enforcing the civil infraction provisions of this Ordinance, the Tribal Commission shall proceed, 

in the name of the Tribe, by civil complaint pursuant to the provisions of this Ordinance. The 

Tribal Commission in such action shall have the burdenof showing, by a preponderance of the 

evidence, that such person violated the applicable provision of this Ordinance. 

8.8 SEIZURE AND FORFEITURE OF PROPERTY 

All property utilized in violation of this Ordinance shall be subject to seizure and forfeiture by order 

of the Tribal Court. 

8.9 NOTICE TO EN BANC TRIBAL COMMISSION 

Upon final order of the tribal court in any action for criminal or civil violation under this Section, the 

Clerk of the Trial Court shall notify the en banc Tribal Commission in writing of the final court 

disposition. 

SECTION 9. OPERATION OF TRIBALLY-OWNED OR TRIBALLYOPERATED GAMES 

9.1 MANAGEMENT BY A GAMING MANAGER 

(A) The Tribal Executive Committee shall appoint or delegate the responsibility for appointing 

one person to serve as gaming manager of each tribally-owned or tribally-operated gaming 

facility. The gaming manager shall undergo a background investigation by the three 

Commissioners charged with the background investigation regulatory function and shall obtain an 

employee gaming license from the en banc Tribal Commission before commencing work. 

9.2 USE OF NET REVENUE OF TRIBALLY-OWNED OR TRIBALLY-OPERATED 

GAMING ACTIVITIES 

(A), Ail net revenue of a tribally-owned or tribally-operated gaming activity shall be held in the 

name of the Tribe. Such net revenue may only be expended by the Tribal Executive Committee 

by resolution and only for the following purposes: 

1. To fund tribai government operations or programs. 

2. To provide for the general welfare of the Tribe and its members. 

3. To promote tribal economic development. 

4. To donate to charitable organizations. 

5. To help to fund operations of local government agencies. 

9.3 AUDIT REQUIREMENTS 
(A) The en banc Tribal Commission and the gaming manager of each tribally-owned or triballyoperated gaming activity shall obtain an annual independent audit of such gaming activity. A 

copy of such audit shall be provided to the en bancTribal Commission, the Tribal Executive 

Committee and the National Indian Gaming Commission. 

(B) Each gaming-related contract for supplies, services (other than legal and accounting 

services) or concessions for a contract amount in excess of $25,000.00 annually shall be subject 

to an independent audit. A copy of such audit will be provided to the en banc Tribal Commission, 

the Tribal Executive Committee and the National Indian Gaming Commission. 

9.4 ADDITIONAL REQUIREMENTS FOR OPERATION OF TRIBALLY-OWNED OR 

TRIBALLY-OPEATED GAMES 

(A) Any cash winning of an amount under $25,000.00 shall be paid in cash or check and shall be 

paid on the date it is won. Each patron's winning of an amount over $25,000.00 shall be paid by 

check and shall be paid within seventy-two (72) hours after it is won. 

(B) The gaming facilities shall comply with all applicable provisions of the Bank Secrecy Act, P.L. 

91-508, October 26,1970,31 U.S.C. 5 531 1-5314, as determined by the en banc Tribal 

Commission. 

(C) Each tribally-owned or tribally-operated gaming facility shall carry sufficient liability insurance 

to protect the public in the event of an accident. The en banc Tribal Commission shall determine 

the amount of liability insurance required for each gaming facility. 

(D) Each tribally-owned or tribally-operated gaming activity shall post the rules of play of each 

game in a conspicuous place where gaming is conducted and shall make written copies of such 

rules available to any member of the general public upon request. 

SECTION 10. AUTHORIZED GAMES 

(A) Bingo. 

(B) Twenty-one or Blackjack 

(C) Poker. 

(D) Craps and related dice games 

(E) Roulette. 

(F) Banking card games that are not otherwise treated as Class II gaming in states wherein the 

Delaware Tribe will have gaming pursuant to 25 U.S.C. §2703(7)(c), and non-banking card 

games played by any Indian tribe on or before May 1,1988. 

(G) Electronic games of chance featuring coin drop and pay out as well as printed tabulations, 

whereby the software of the device predetermines the presence or lack of a winning combination 

and pay out. Electronic games of chance are defined as a microprocessor-controlled electronic 

device which allows a player to play games of chance, which may be affected by an element of 

skill, activated by the insertion of a coin or currency, or by the use of credit, and awards games 

credits, cash, tokens, or replays, or a written statement of the player's accumulated credits, which 

written statements are redeemable for cash. 

(H) Keno. 
(I) Interactive satellite or telephonic games of chance 

(J) All other games of chance that may be authorized under a TriballState Gaming Compact with 

the State of Oklahoma pursuant to the IGRA. 

SECTION 11. ELECTRONIC DEVICES OR SERVICE PROVIDER LICENSES 

11.1 APPLICABILITY 

This section and Ordinance applies to all suppliers of electronic gaming devices engaged in the 

sale of, or service thereto, of electronic gaming within the jurisdiction of the Tribe. Any application 

for a vendor license pursuant to this Ordinance and participation in the sale of electronic gaming 

devices to the Tribe, or service thereof, shall be deemed to be a consent to the jurisdiction of the 

Tribe and the Tribal Court in all matters arising from the conduct of such activities and all matters 

arising under any of the provisions of this Ordinance or other Tribal laws. A license under this 

Ordinance is a privilege and not a right. 

11.2 LICENSES REQUIRED 

No person shall sell or provide service to an electronic gaming device within the jurisdiction of the 

Tribe unless such person is licensed by the Tribe. 

11.3 TYPES OF LICENSES 

The Tribe shall issue each of the following type of electronic gaming licenses: 

(A) Vendor License; 

(B) Service License; and 

(C) VendoriService License 

11.4 APPLICATION PROCEDURES 

Application for a Vendor License, Service License, or VendorIService License. For any proposed 

sale or service of an electronic gaming device, the proposed licensee shall file with en banc Tribal 

Commission an application entitled "Vendor Disclosure Form" which shall contain the name of the 

proposed vendorllicensee, its location, financial history, controlling principals, legal entity and 

criminal background investigation, and all other pertinent information required by this Ordinance 

and Tribal Commission regulations. 

11.5 CTlTERlA WHICH A POTENTIAL GAMING OPERATOR MUST MEET. 

The en banc Tribal Commission shall issue the above license to any vendor, service provider or 

vendorlservicer only if one of the following criteria are met: 

(A) The vendor, service provider or vendorlservlcer is licensed to sell andlor service electronic 

gaming equipment in the State of Nevada or the State of New Jersey; or 

(B) The principals and all employees of the principals, all primary-management officials and all 

key employees have passed the background investigations and obtained a license required under 

this Ordinance. Each application must state in writing that all future management officials and 

key employees will be required to pass background investigations and obtain a license under this 
Ordinance. 

11.6 LICENSE APPLICATION FEE 

(A) All vendors and vendorlsevicers shall pay an application license fee of $500.00. 

(8) All Service providers shall pay a license application fee of $100.00. 

11.7 FORM OF LICENSE 

Every license under this section shall be issued by the en banc Tribal Commission and shall 

include the name and address of the authorized licensee and the signature of an authorized 

officer of the en banc Tribal Commission. 

11.8 SCOPE OF LICENSE 

A license issued by the en banc Tribal Commission shall be effective only for the specific purpose 

stated In the license. Such license is not transferable. 

11.9 TERM OF LICENSE 

Each license shall be valid for one year. 

11.10 LICENSE RENEWAL 

Each license must be renewed every year. A renewal fee of $100.00 shall be applied to vendor 

and vendorlservicer licenses. A renewal fee of $25.00 shail be applied for a service provider. No 

renewal application shail be approved until the Annual Report, required by subsection 11.1 1, has 

been properly filed. 

11.11 ANNUAL REPORTS 

Each licensee must file an annual report with the en banc Tribal Commission between the 15'~ 

day and the last day of the twelve (12) month duration of each such license. The report shall be 

submitted to the Tribal Commission in an Annual Report form provided by the Tribal Commission. 

11.12 PROCEDURE TO REMEDY LICENSE VIOLATIONS 

If the en banc Tribal Commission finds that a vendor, service provider, or vendorlservice provider 

is operating in violation of this Ordinance or otherwise presents a threat to the Tribe or the public, 

the en banc Tribal Commission shall immediately take all necessary steps to bring such activity 

into compliance including, but not limited to, closing down such activity temporarily or 

permanently pursuant to enforcement procedures and regulations by the en banc 

Tribal Commission under this Ordinance. 

Nothing contained in this section or in this Ordinance shall be construed as limited, restraining, or 

effecting a waiver of the Tribe or of the Tribal Executive Committee's right and authority to take 

appropriate action to remedy any gaming violation pursuant to Tribal and federal law. 

11.13 APPLICATION TO DELAWARE TRIBAL EMPLOYEES 

The provisions of Section 11.1-11.12 of this Ordinance do not apply to employees of the 

Delaware Nation who are licensed under the gaming code as key employees or primary 

management officials. 
SECTION 12. PROCEDURE FOR CERTIFICATE OF REHABILITATION FOR 

THE LIMITED PURPOSE OF OBTAINING A DELAWRE 

TRIBAL GAMING LICENSE 

12.1 APPLICABILITY 

This sect on and Ordinance applies on y to all Trioal members of the Delaware Nation. Any 

aw cation for a Certifcale of Renab litarion for the limireo oLraose of obtainina a Delaware 

Nation Gaming License shall be deemed to be a consent tb the jurisd~ct~on of ihe Tribe and the 

en banc Tribai Commission in all matters arising from the conduct of such activities and all 

matters arising under any of the provisions of this Ordinance or other Tribal laws. 

12.2 DELAWARE TRIBAL GAMING LICENSE 

Consistent with Section 6.3(A) of this Code, all employees shall obtain a Delaware Nation 

Gaming License. Requirements set forth in the proposed Delaware NationlState of Oklahoma 

Compact provide for the following: 

"The Tribe may not license ... ... any person who ... ... 

(2) Has been convicted of or entered a plea of guilty or not contest to a gambling-related offense, 

fraud or misrepresentation; or 

(3) Has been convicted of or entered a plea of guilty or no contest to any offense not specified in 

subparagraph (2) within the immediately preceding five years; this provision shall not apply if that 

person has been pardoned by the Governor of the State where the conviction occurred or, if a 

tribal member, has been determined by the Tribe to be a person who is not likely again to engage 

in any offensive or criminal course of conduct and the public good does not require that the 

applicant be denied a license as a key employee or primary management official; or 

(4) Is determined by the Tribe to have participated in organized crime or unlawful gambling or 

whose prior activities, criminal record, reputation, habits, andlor associations pose a threat to the 

public interest or to the effective regulation and control of gaming, or create or enhance the 

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

or to the carrying on of the business and financial arrangements incidental to the conduct of 

gaming. 

If the applicant for a Delaware Nation Gaming License if disqualified by the en banc Tribal 

Commission because of a criminal conviction, guilty plea or entrance of a plea of no contest 

which would be deemed a disqualifying event under applicable provisions of the Delaware 

NationlState of Oklahoma compact, then the applicant, if he or she meets the categorical 

standards of 12.1 herein, may apply for a Certificate of Rehabilitation from the Tribai Commission 

for purposes of obtaining a Delaware Nation Gaming License. 

12.3 CERTIFICATE OF REHABILITATION 

The en banc Tribal Commission shall have the power to issue a Certificate of Rehabilitation to 

those applicants identified in Section 12.1 of this Code for purposes of issuing a Delaware Nation 

gaming license. 

12.4 STANDARDS FOR ISSUING A CERTIFICATE OF REHABILITATION 
The en banc Tribal Commission shall issue the above certificate of Rehabilitation to any applicant 

who has been deemed disqualified by the four Commissioners charged with the responsibility of 

enforcing Section 6 of this Code because of the application of Sections 4 (D) - (4) of the 

Delaware Nation Gaming Compact upon a showing that the following criteria have been met by 

the applicant: 

(A) If the applicant is a member of the Delaware Nation; and 

(B) If the applicant has been convicted of a misdemeanor, plead guilty or entered a plea of no 

contest within the last five years and the conviction, plea of guilty or no contest does not relate to 

theft, fraud, or misrepresentation; and 

(C) If the applicant has been disqualified based upon a felony conviction, plead guilty or entered 

a plea of no contest, or based upon a gambling-related offense, theft, fraud, or misrepresentation 

conviction, plead guilty, or entered a plea of no contest, then if that felony or offense is more than 

ten (10) years old, said felony or offense shall not be considered as a disqualifying factor. 

Felony: 

Felony: 

Theft, Fraud, Misrepresentation, or Gambling 

Related 

Offense: 

Misdemeanor NOT Theft, Fraud, 

Misrepresentation, or 

Gambling Related Offense: 

Misdemeanor NOT Theft, Fraud, 

Misrepresentation, or Gambling Related Offense: 

Elapsed time 

Within past 10 years 

More than 10 years 

Within past 10 years 

Within past 5 years 

More than 5 years 

DN Policy 

No license 

No license 

No license 

License only with 

Certificate of 

Rehabilitation 

License 

(D) The en banc Tribal Commission may then issue a Certificate of Rehabilitation upon a finding 

that the particular circumstances and behavior of the applicant balanced against the public 

welfare demonstrates the applicant's fitness to serve as a primary management official or key 

employee. 

SECTION 13. OMITTED. 

SECTION 14. DRUG AND ALCOHOL TESTING 

The en banc Tribal Commission is committed to providing a work environment free from the 

effects of alcohol and illegal drugs. The Delaware Nation is also committed to providing 

employees who abuse alcohol or use illegal drugs the opportunity for rehabilitation. Consistent 

with this philosophy, the en banc Tribal Commission shall implement comprehensive drug and 

alcohol testing for all applicants for employment and for all employees and Commissioners 

connected with the gaming enterprise. 
14.1 All applicants for employment in licensed positions shall be required to submit to a drug and 

alcohol test as a condition of obtaining a gaming license. All applicants for employment in nonlicensed positions shall be required to submit to a drug and alcohol test as a condition of 

employment. Testing shall be in accordance with rules and regulations of the en banc Tribal 

Commission. 

14.2 Employees shall be required to submit to drug and alcohol testing in accordance with the 

rules and regulations of the en banc Tribal Commission. 

14.3 Refusal by an applicant for employment to submit to a drug and alcohol test shall be 

grounds for the denial of a gaming license and, in the case of a non-licensed position, for the 

denial of employment. Refusal by an employee to submit to a drug and alcohol test shall be 

grounds for termination of employment. 

14.4 In the case of an applicant for employment, a positive test result shall be grounds for the 

denial of a gamirig license andlor the denial of employment. In the case of an employee, a 

positive test result shall not result in termination ofemp[oyment where such result Is the 

employee's first positive test result on a drug or alcohol test required by the en banc Tribal 

Commission, unless: 

(A) the en banc Tribal Commission has given the employee the opportunity to participate, at the 

employee's own expense, in a drug or alcohol counseling or rehabilitation program, whichever is 

more appropriate; and 

(B) the employee has either refused to participate in the counseling or rehabilitation program or 

has failed to complete the program successfully. 

14.5 The en banc Tribal Commission shall develop procedures and forms consistent with this 

Ordinance. 

SECTION 15. PROCEDURES FOR ALL 

BACKGROUND INVESTIGATIONS 

The Delaware Nation, acting through the Delaware Nation Gaming Commission, shall be 

responsible for the conduct of all background investigations and suitability determinations 

required under applicable law. 

The Delaware Nation Tribal Police, or if law enforcement services is not a tribally compacted 

program from the Bureau of Indian Affairs, the Delaware Nation Gaming Commission, acting 

pursuant to the Delaware Tribe Law and Order Code, shall be held primarily responsible for all 

responsibilities identified under this section of this Gaming Ordinance. The Chief of Police or the 

Gaming Commission, whichever applicable, may assign to subordinate staff by written statement 

any aspect of the performance of responsibilities identified by this section. 

15.1 Background Investigations. Before any person may commence employment as an 

operator, primary management official, key employee, or employee of any Class Ill gaming 

operations on Indian lands, he shall provide to the Delaware Nation Gaming Commission 

designee or the Delaware Nation Police Chief a written release authorizing the Tribe to conduct a 

background investigation. The purpose of the investigation shall be to identify those persons 

whose activities, criminal records, reputations, habits or associations pose a threat to the public 

interest or to the effective regulation and control of gaming, or create or enhance the danger of 

unsuitable, unfair or illegal practices, methods or activities in the operation of gaming or the 

carrying on of business and financial arrangements incidental thereto. The Delaware Nation 

Gaming Commission and/or the Delaware Nation Police Chief shall be responsible for informing 

all key employees and primary management officials of their rights under the Privacy Act. 
(A) The Delaware Nation Gaming Commission designee or the Delaware Nation Chief of Police 

shall supply a written report to the en banc Gaming Commission regarding the applicant(s) within 

(30) days of receipt of the initial request. Criminal history data compiled by the Chief of Police 

shall be in conformance with all applicable federal or tribal law. The Delaware Tribal Chief of 

Police will solicit the assistance of the Federal Bureau of Investigation (FBI) in the conduct of all 

background investigations. 

(B) Subsequent to initial hire, each person continuing employment as a primary management 

official or key employee in any Class Ill gaming operation on lndian lands shall be subject to an 

annual periodic review. Primary management officials or key employees found to be in violation 

of the applicable criteria identified below shall be dismissed immediately. 

15.2 Ineligibility for Employment. No person shali be employed as an operator, primary 

management official, or key employee in any Class Ill gaming operation on lndian land if the 

Tribe's Gaming Commission determines that the person: 

(A) Poses a threat to the public interest; 

(6) Poses a threat to the effective regulation and control of Tribal gaming operations; 

(C) Creates a danger of illegal practices, methods or activities in the conduct of gaming or in the 

carrying on of the business and financial arrangements incidental to gaming; 

(D) Has been convicted of a felony offense within five (5) years of the date of application for 

employment; or 

(E) Has falsified any Information in an application for employment in gaming. 

15.3-Fingerprinting. The Chief of Police shall be responsible for obtaining and processing 

fingerprints of all key employee and primary management officials. 

15.4 Verification of information. All data compiled by the Gaming Commission designee or 

Chief of Police shall be verified by a person appointed by the en banc Gaming Commission, such 

person shall be a member of the Commission and shali not be related as defined under 

"immediate family" under Section 2 above, nor shall there be any business relationship between 

the person appointed and the person whose information is being verified. 

15.5 Suitability Determinations. Following the compilation by the Delaware Tribal Police 

Department of all information relative to a suitability determination, and following a review of the 

material by the four Regulatory Commissioners, a recommendation will be made to the en banc 

Gaming Commission for a final determination. During this procedure, the four Commissioners 

shall verify ail information submitted by applicants for key employees and primary management 

officials. The en banc Gaming Commission shall be ultimately responsible for ail suitability 

determinations required by this Ordinance and applicable federal law. 

15.6 Service of Process. The Chief of Police shall himself or, as necessary, appoint a deputy for 

the purpose of providing service of process regarding any activities conducted pursuant to this 

Ordinance. 

15.7 Agent for Service of Process. Pursuant to 25 CFR § 522.2(g), the Chairperson of the 

Delaware Nation Gaming Commission shall be the agent for service of process of any papers 

from the National lndian Gaming Commission. Should any such papers be served, the Gaming 

Commission must immediately provide a copy of the same to the Delaware Nation Executive 

Committee and Attorney General.