Brenda Case 

Gaming Commission Chairman 

Kaw Nation of Oklahoma 

107 North Main 

PO Box 141 

Newkirk, OK 74647 

Re: Gaming Ordinance of the Kaw Nation 

APR 1 3 2064 

Dear Commissioner Case: 

By letter dated January 1 1,2004, you submitted the Kaw Nation of Oklahoma 

Gaming Ordinance of 2004 (Gaming Ordinance) for review and approval by the National 

Indian Gaming Commission (MGC) Chairman. The Kaw Nation Executive Council 

adopted the Gaming Ordinance with Resolution 04-07 on January 11,2004. We 

received the letter requesting approval of the Gaming Ordinance on January 16,2004. 

The Executive Council subsequently adopted an amendment to the Gaming Ordinance 

with Resolution 04-28 on March 23,2004. You submitted the amendment for the NIGC 

Chairman's review and approval by letter dated March 25,2004, and requested we 

review the Gaming Ordinance and the amendment together. The amendment 

incorporates several minor changes to the Gaming Ordinance suggested by our legal staff 

that conform the Gaming Ordinance to the requirements of the Indian Gaming Regulatory 

Act (IGRA). 

IGRA and NIGC regulations require that tribes conducting gaming submit their 

gaming ordinance and amendments to the ordinance for review and approval by the 

NIGC Chairman. The Kaw Nation first submitted a gaming ordinance, adopted with 

Resolution 93-58 of the Kaw Nation Executive Council, by letter dated September 22, 

1993. The NIGC Chairman approved that gaming ordinance in a letter to the Kaw Nation 

dated December 27,1993. The 2004 Kaw Nation of Oklahoma Gaming Ordinance, as 

amended, replaces the previous ordinance in its entirety. ,-----I 

Thank you for submitting the Gaming 

review. This letter constitutes approval of the 

Ordinance, as amended by Kaw Nation of Okl 

Chairman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NlGC.GOV 

REGIONAL OFFICES Portland, OK; Sacramento, CA; Phoenix, AZ; St. Paul. MN;Tulsa, OK 
KAW NATION 

Drawer 50 

Kaw City, OK 74641 

(580) 269-2552 Fax (580) 269-2301 

KAW NATION EXECUTIVE COUNCIL RESLUTION NO. 04-07 

A RESOLUTION APPROVING THE KAW NATION OF OKLAHOMA GAMING 

ORDINANCE OF 2004. 

WHEREAS, The Kaw Nation of Oklahoma is a federally recognized Indian Nation 

organized pursuant to the Oklahoma Indian Welfare Act of June 26, 1936 

(25 U.S.C. 503; 49 Stat. 1967); 

WHEREAS, The Kaw Nation adopted and ratified the Constitution of the Kaw Nation 

of July 3 1, 1990, and this Constitution was approved and certified by the 

Secretary of the United States Department of Interior on August 14, 1990; 

and 

WHEREAS, On this I lh day of January, 2004 the Kaw Nation Executive Council has 

accepted and approved the Gaming Ordinance, submitted on January 10, 

2004, to improve the overall operation of the Gaming Industry. 

NOW, THEREFORE, BE IT RESOLVED that the Kaw Nation hereby approves the 

Gaming Ordinance of 2004. 

CERTIFICATION 

I, Guy Munroe, Chairman of the Kaw Nation Executive Council, do hereby certifjl that 

said resolution was approved and adopted on January 11, 2004, as an official act by 

quorum vote of the Kaw Nation General council, and that the vote was 4 for, c) against, 0 absent, with abstaining. 

n 
Kaw Nation of Oklahoma 

Gaming Ordinance 

TABLE OF CONTENTS 

Article I ...................................................... General 

Article I1 ...................................................... Gaming Commission 

Article I11 ...................................................... License Applications & Procedures 

Article IV ...................................................... Background Investigations & License Denials 

Article V ...................................................... Rules of Procedures & Hearings 

Article VI ...................................................... Appeals 

Article VII ...................................................... Auditing 

Article VIII ..........m........................................... 

Exclusion or rejection of Individuals 

Article IX ...................................................... Regulation & Assessment of Commission 

Article X ...................................................... General Requirements 

Article XI .m.mmmmmmmammm.mm.mm.am.~mmmammmm.mmam~ammmmaammmmam~ 

Reserved 
Kaw Nation of Oklahoma 

Tribal Gaming Ordinance 

ARTICLE I. IN GENERAL 

Sec. 1-1. Definitions. 

Unless a different meaning is set forth below, the terms used in this chapter shall 

have the same meaning as defined in the Indian Gaming Regulatory Act, 25 U.S.C. 

2701 et seq. (IGRA). 

(A)Applicant means any person, partnership, corporation, joint venture or 

other entity applying for, or requesting renewal of, any license described in or 

required by this chapter. 

(b) Application means a request for the issuance or renewal of a license 

described in or required by this chapter. 

(c) Council or Tribal Council means the Tribal Council of the Kaw Nation of 

Oklahoma. 

(d) Chairman means the Chairman of the Kaw Nation Gaming Commission. 

(e) Class 11 Gaming means Class I1 Gaming as defined at 25 U.S.C. 

2703(7)(A), and any regulations promulgated thereunder. 

(f) Class 111 Gaming means Class I11 Gaming as defined in 25 U.S.C. 2703(8), 

and any regulations promulgated thereunder. 

(g) Compact means the Tribal State Compact including all renewals, 

amendments, appendices, exhibits and other attachments thereto between 

the Kaw Nation of Oklahoma and the State of Oklahoma providing for the 

conduct of Tribal Class I11 Gaming by the Kaw Nation of Oklahoma Tribe. 

(h) Commission means the Kaw Nation Tribal Gaming Commission. 

(i) Commissioner means an individual member of the Kaw Nation Tribal 

Gaming Commission. 

(j) Gaming means any Class I1 Gaming or Class I11 Gaming activity, either 

individually or collectively, whether authorized or unauthorized. 
(k) Gaming device means any equipment or mechanical, 

electromechanical or electronic contrivance, component or machine, 

used remotely or directly in connection with any gaming which affects 

the result of a wager by determining or predicting the outcome of such 

game or the odds of winning or losing such game. The term shall be 

broadly construed to promote the purposes of this chapter and shall 

also include any devices, machines, components or contrivances which 

do or are capable of affecting, in any way, the playing of any gaming. 

(I) Supplier of gaming goods and services means any person who 

manufactures, sells, leases, distributes, supplies or makes 

modifications to, any gaming device of the Tribe and all persons 

holding any direct or indirect financial interest in such gaming device 

supplier. 

(m) Gaming establishment means any premises where gaming is 

operated or conducted on Tribal Indian land, and includes all buildings, 

improvements, appurtenances, equipment and facilities used or 

maintained in connection with such gaming. 

(n) Gaming operation means any business enterprise owned by the 

Tribe, the revenues of which are primarily derived from gaming or 

from any gaming establishment. 

(0) Gross revenue. 

(1) Gross revenue means the total of all of the following, less 

the total of all cash paid out as losses to patrons and any items 

made deductible as losses by calculation of gross revenues: 

(i) Cash received as winnings; 

(ii) Cash received in payment for credit 

extended by a licensee to a patron for the 

purpose of gaming; and 

(iii) Compensation received for conducting 

any game in which the licensee is not a 

party to a wager. 

(2) For the purposes of this definition, cash or the value 

of noncash prizes awarded to patrons in a contest or 

tournament is not losses. 
(3) The term does not include: 

(i) Counterfeit money or tokens; 

(ii) Coins of other countries, which are 

received in gaming devices; 

(iii) Cash taken in fraudulent acts 

perpetrated against a licensee for which 

the licensee is not reimbursed; or 

(iv) Cash received as entry fees for 

contests or tournaments in which the 

patrons compete for prizes. 

(4) Calculation of gross revenues. Certain expenses are 

not deductible. 

(i) In calculating gross revenue, any 

prizes, premiums, drawings, 

benefits or tickets which are 

redeemable for money or 

merchandise or other promotional 

allowance, except money or tokens 

paid at face value directly to a 

patron as the result of a specific 

wager and the amount of cash paid 

to purchase an annuity to fund 

winnings must not be deducted as 

losses from winnings. 

(ii) In calculating gross revenue 

from gaming devices, the actual 

cost to the licensee of any personal 

property distributed to a patron as 

the result of a legitimate wager 

may be deducted as a loss, but not 

travel expenses, food, 

refreshments, lodging or services. 

For the purposes of this section, 

"as the result of legitimate wager" 

means that the patron must make 

a wager prior to receiving the 

personal property, regardless of 

whether the receipt of the personal 

property is dependent on the 

outcome of the wager. 
(p) "Indian lands" means: 

(1) all lands within the limits of any Indian 

reservation; and 

(2) any lands title to which is either held in trust 

by the United States for the benefit of any Indian 

tribe or individual or held by any Indian tribe or 

individual subject to restriction by the United 

States against alienation and over which an 

Indian tribe exercises governmental power. 

(q) Key employee means: 

(1) A person who performs one or more of the following 

functions: 

(i) Bingo caller, 

(ii) Counting room supervisor, 

(iii) Chief of security, 

(iv) Custodian of gaming supplies or cash, 

(v) Floor manager, 

(vi) Pit boss, 

(vii) Dealer, 

(viii) Croupier, 

(ix) Approver of credit, or 

(x) Custodian of gambling terminals or 

other devices operated by the 

management of any gaming operation, 

including persons with access to cash and 

accounting records for such devices; 

(2) If not otherwise included, any other person whose 

total cash compensation from employment in any 

gaming operation exceed $50,000.00 per year; 

(3) If not otherwise included, the four most highly 

compensated persons in any gaming operation; or 

(4) Any other employee of any gaming operation that 

the commission designates by its rules as a key 

employee. 
(r) License means any authorization granted by the Commission, 

pursuant to this chapter, to any person, which is required for such 

person to perform certain acts or engage in certain activities. The 

issuance of a license shall not create a property or liberty interest in 

such license for the benefit of the licensee. 

(s) Licensee means any person who has been issued a valid and 

current license pursuant to the provisions of this chapter. 

(t) Management contract means any contract, agreement or other 

document, including all collateral agreements, establishing a 

relationship between the Tribal government and any person, pursuant 

to which such person has managerial responsibilities in or for any 

gaming operation. 

(u) Net revenue means gross revenue of any gaming operation minus 

amounts paid for, or paid out as prizes, winnings, and related 

operating expenses, excluding management fees. 

(v) NIGC means the National Indian Gaming Commission. 

(w) Operating expense means any expense incurred in the operation 

of gaming that is specifically designated as an operating expense in 

any management contract or which by operation of generally accepted 

accounting principles, consistently applied, is so treated. 

(x) Ordinance means the Kaw Nation Tribal Gaming Ordinance, as 

amended from time to time, and any rules promulgated by the Kaw 

Nation Gaming Commission. 

(y) Patron means any person who participates in gaming, or who is 

physically present on premises wherein or whereon gaming is 

conducted. 

(z) Person means any association, partnership, corporation, firm, trust 

or other form of business association or entity, as well as a natural 

person. 

(aa) Primary management official's means : 

(1) The person(s) having management responsibility 

over all or any part of any gaming operation; 

(2) Any person who has authority: 

(i) To hire and fire employees of a gaming 

operation; or 

(ii) To establish working policy for a 

gaming operation; 
(3) The chief financial officer or other person who has 

financial management responsibility for any gaming 

operation; 

(4) Any person who is considered a controlling 

shareholder; or 

(5) Any person the Commission designates by 

Commission rules as a primary management official. 

(bb) Regulations means the gaming regulations promulgated by the 

Kaw Nation Gaming Commission pursuant to this Ordinance. 

(cc) Rules means any rules governing the conduct of games or the 

control of internal fiscal affairs of gaming operations as may be 

promulgated by the Commission established pursuant to this 

Ordinance. 

(dd) Secretary means the Secretary of the United States Department 

of the Interior. 

(ee) Tribe means, and Tribal shall refer to, the Kaw Nation of 

Oklahoma. 

Sec. 1-01. Short title. 

This Ordinance shall be known and may be cited as the Kaw Nation of Oklahoma 

Gaming Ordinance. 

Sec. 1-02. Purpose. 

The Executive Tribal Council of the Kaw Nation of Oklahoma enacts this Ordinance in 

order to regulate all forms of gaming on the Tribe's Indian lands. 

Sec. 1-03. Public policy. 

(a) All gaming which is conducted within the Indian lands and which is otherwise 

authorized by law shall be regulated and licensed pursuant to the provisions of this 

Ordinance. 

(b) The Executive Tribal Council hereby finds and declares it to be the public policy of 

the Kaw Nation of Oklahoma that: 

(1) Regulation of licensed gaming is important in order that licensed 

gaming is conducted honestly and that gaming is free from criminal 

and corruptive elements. 

(2) Public confidence and trust can only be maintained by strict 

regulation of all persons, locations, practices, associations and 

activities related to the operation of licensed gaming 

establishments and the manufacture or distribution of gaming 

devices. 
(3) All management entities, primary management officials, key 

employees, gaming establishments and suppliers of gaming goods 

and services must therefore be licensed and controlled to protect 

the public health, safety, morals, good order and general welfare of 

the Tribe. 

Sec. 1-04. Class I1 Gaming authorized. 

Class I1 Gaming is hereby authorized to be conducted on Indian lands; provided, 

however, that such Class I1 Gaming shall be conducted only in accordance with the 

provisions of this Ordinance, the rules, and IGRA. 

Sec. 1-05. Class I11 Gaming authorized. 

Class I11 Gaming is hereby authorized on Indian lands; provided, however, that Class 

I11 Gaming shall be conducted in accordance with the provisions of this Ordinance, 

the rules and IGRA, and as may be provided for in a compact between the State of 

Oklahoma and the Tribe, or such procedures as prescribed by the Secretary of the 

Interior pursuant to the Act. 

Sec. 1-06. Location of gaming. 

The Commission shall ensure that (i) such gaming as it authorizes and licenses 

pursuant to this Ordinance or Regulations, is conducted on Indian lands within the 

Tribe's Jurisdiction, and (ii) such gaming is not otherwise specifically prohibited by 

federal law. 

Sec. 1-07. Ownership of gaming. 

The Tribe shall have the sole proprietary interest in any gaming operation authorized 

by this Ordinance. 

Sec. 1-08. Use of gaming revenue. 

(a) Net revenues from any form of gaming authorized under this Ordinance shall be 

used only for the following purposes: to fund Tribal government operations and 

programs; to provide for the general welfare of the Tribe and its members; to 

promote Tribal economic development; to make donations to charitable 

organizations or to help fund operations of local government agencies. 

Sec. 1-09. Unauthorized gaming. 

Any person who commits any act of unauthorized gaming on Indian Lands shall be 

guilty of a crime and shall be prosecuted in the Kaw Nation Tribal Court. 

Sec. 1-10. Conduct of games. 

All gaming shall be conducted by persons duly licensed by the Commission. No 

person licensed by the Commission shall engage in, conduct or condone any gaming 

that is not conducted in accordance with such rules governing the conduct of games 

as may be promulgated by the Commission under this Ordinance. 
Sec. 1-11. Applicability of Ordinance. 

Unless specifically indicated otherwise, all provisions of this Ordinance, rules and 

regulations that the Tribal Commission may promulgate or issue, shall apply to both 

Class I1 Gaming and Class I11 Gaming including, but not limited to, all licensing and 

background investigation procedures. 

ARTICLE 11. TRIBAL GAMING COMMISSION 

Sec. 2-01. Establishment. 

In order to provide for the orderly development, administration and regulation of gaming, 

as well as other authorized enterprises within the jurisdiction of the Kaw Nation of 

Oklahoma, there is established the Office of the Tribal Gaming Commission. The Kaw 

Nation Executive Tribal Council shall select and approve a person to serve as the Gaming 

Commission Chairman and shall select three additional persons (Tribal Members) to 

serve as Tribal Gaming Commissioners for the term of three (3) years. The 

Commissioners may be removed fiom office prior to the end of any term for cause by the 

Ordinance. The Council may suspend the Commissioners for ninety (90) days. During 

such suspension the Council may appoint a qualified person to act as Commission 

ChairmanlCommission Members. Further, should any vacancy occur in the position of 

Commission Chairman,Comrnission Members the selection process shall be initiated by 

the Kaw Nation Executive Council and the un-expired portion of the Commission 

Chairrnan/Comrnission Members' term shall be filled in the same manner as the initial 

selection of the Gaming Commission Chairman/Commission Members. (Resolution NO. 

03-80) 

Sec. 2-02 Independence. 

In all matters within its purview and responsibilities, the Commission shall be and shall 

act independently and autonomously fiom the Executive Tribal Council. No prior or 

subsequent review by the Executive Tribal Council of any actions of the Commission 

shall be required or permitted, except as otherwise explicitly provided in this Ordinance. 

Sec. 2-03. Record Keeping 

The Commission shall maintain complete records regarding the following: 

(a) Applications, financial statements, fingerprints, contracts, licenses, 

suspension and cancellation notices and correspondences of all 

applicants, including management entities, key employees, 

primary management officials, gaming establishments and 

suppliers of gaming goods and services; 

(b) Meeting minutes from all Commission meetings; 
(c) Compact compliance; 

(d) Reports relating to customer disputes, complaints or other issues 

that affect the integrity of the gaming operation; 

(e) Commission budget and expenditures; 

(f) Council communications and correspondences; 

(g) Gaming device list; and 

(h) Any other records or documents the Commission deems necessaw 

or appropriate. 

Sec. 2-04. Reports. 

The Commission shall make monthly reports to the Council. Such reports shall 

contain the following information: 

(a) Number and types of licenses issued during the previous 

month; 

(b) Information regarding license denials, suspensions or 

revocations; 

(c) Report of any events of noncompliance, breach or violations 

of this Ordinance, the rules, the compact, IGRA, license or any 

other law or regulation; provided, however, that these reports 

are not the subject of or relating to a pending investigation 

being conducted by the Commission, or hearing before the 

Commission; 

(d) A report of the Commission expenditures for the prior 

quarter; 

(e) A summary of any Commission travel and training; 

(f) All other information which the Commission deems relevant 

in order to keep the council informed and current on all gaming 

regulatory matters. 

Nothing in this section shall authorize or permit the Commission to provide the 

Council with any information pertaining to a pending investigation being conducted 

by the Commission or hearing before the Commission. All such information shall be 

kept confidential. Any willful or careless breach of this provision shall present due 

cause for removal of the person from office and a penalty of up to $5,000.00 for 

each offense. Claims of such disclosure shall be presented to the Commission within 

60 days of the act complained of, or within 60 days the disclosure becomes known, 

whichever is later. 
Sec. 2-05. Budget. 

The Commission shall establish a budget for its operations. It shall acquire such 

furnishings, equipment, supplies, stationery, books and other items, as it deems 

necessary or desirable to carry out its functions, and incur such other expenses, 

within the limit of funds available to it, as it deems necessary. 

Sec. 2-06. Powers. 

The Commission shall exercise all powers necessary to effectuate the purposes of 

this Ordinance and all other powers provided for in this Ordinance. The Commission 

shall have the power to promulgate rules pursuant to this Ordinance, for the 

operation of games and the control of internal fiscal affairs of gaming operations and 

the conduct of all business properly brought before the Commission. In all decisions, 

the Commission shall act to promote and ensure the integrity, security, honesty and 

fairness of the operation and administration of all gaming. In accordance with this 

Ordinance, the Commission shall have the power and authority to deny any 

application for license, to limit, cancel, revoke, terminate, condition, modify, 

suspend, or restrict any license, to make findings of suitability, and to impose fines 

or sanctions for any cause deemed reasonable by the Commission upon any licensee. 

The Commission shall conduct, or cause to be conducted, background investigations 

on all applicants and licensees. 

Sec. 2-07 Promulgation of gaming rules and regulations 

The Commission may promulgate rules and regulations governing the conduct of all 

games authorized by the compact or IGRA, including rules governing the equipment, 

(chips, cards, tiles, etc.), used in such games. The rules of each authorized game 

offered at any duly licensed gaming establishment should be posted in a conspicuous 

location in such gaming establishment. 

Sec. 2-08 Promulgation of auditing and internal control 

The Commission may promulgate rules governing the control of internal fiscal affairs 

of gaming operations. At least annually, an independent audit of the gaming 

operations and shall submit the resulting reports to the National Indian Gaming 

Commission. 
ARTICLE 111. LICENSE APPLICATIONS AND PROCEDURES 

Sec. 3-01. Gaming license required. 

The Commission is hereby authorized to issue all licenses for the conduct of all 

gaming authorized under this Ordinance or any other license related to gaming which 

the Commission may, by rule or regulation require. 

(a) Persons. The following persons must obtain licenses as a precondition to 

employment in or management of any gaming operation: 

(1) Any management entity Contractor; 

(2) All primary management officials; 

(3) All key employees; 

(4) Suppliers of gaming goods and services; and 

(5) Any other employee or class of employees as determined by 

Commission rules. 

(b) Gaming establishments. Each place, facility, or location where gaming is 

conducted must obtain a separate facility license from the Commission. 

Sec. 3-02. Standard for license. 

Licenses issued hereunder shall be issued according to requirements at least as 

stringent as those set forth in 25 C.F.R. 556 and 558. 

Sec. 3-03. Application for license. 

(a) No license shall be issued under this Ordinance to any primary management 

official, key employee or management contractor/entity except upon a sworn 

application filed with the Commission, in such form as may be prescribed by the 

Commission in Article 4 of this Ordinance, containing a full and complete showing, at 

a minimum, of the following: 

(1) Satisfactory proof that the applicant is of good character and of 

good reputation and is financially responsible; 

(2) If applicable, a complete description of the premises at which 

gaming will be conducted; 

(3) Agreement by the applicant to abide by all conditions of the 

license, this Ordinance, the rules and regulations, the compact and 

IG RA; 
(4) A separate statement that the applicant has never been convicted 

of, or entered a plea of guilty or no contest to, any of the following 

criminal offenses: 

(i) Any felony within the past ten years; 

(ii) Any gaming-related offense, 

(iii) Fraud, misrepresentation or any other crimes of 

moral turpitude in any context, or 

(iv) A violation of any provision of this Ordinance, the 

rules and regulations promulgated by the Commission, 

or any other ordinance or rules of the Tribe or any state 

agency regulating or prohibiting gaming; and 

(b) No license shall be issued to any applicant who is determined by the Commission 

to be a person whose prior activities, criminal record, reputation, habits or 

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, or activities in the operation of gaming or the carrying on of the 

business and financial arrangements incidental thereto. 

(c) The issuance of licenses shall also be subject to the provisions of Article 4 of this 

Ordinance regarding background investigations. 

(d) The following notices shall be placed on the application form for a key employee, 

management entity, primary management official or supplier of gaming goods and 

services before an applicant completes such form: 

(1) "In compliance with the Privacy Act of 1974, the following 

information is provided: Solicitation of the information on this 

form is authorized by 25 U.S.C. 2701 et seq. The purpose of the 

requested information is to determine the eligibility of individuals 

to be employed in a gaming operation. The Commission, and/or 

the National Indian Gaming Commission members and staff who 

have need for the information in the performance of their official 

duties will use the information. The information may be disclosed 

to appropriate federal, Tribal, state, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, 

criminal or regulatory investigations or prosecutions or when 

pursuant to a requirement by a Tribe or the National Indian 

Gaming Commission in connection with the hiring or firing of an 

employee, the issuance or revocation of a gaming license, or 

investigations of activities while associated with a Tribe or a 

gaming operation. Failure to consent to the disclosures indicated 

in this notice will result in a Tribe's being unable to hire you in a 

primary management official or key employee position. 
(2) "The disclosure of your social security number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing 

your application. 

(3) "A false statement on any part of your application may be grounds 

for not hiring you, or for firing you after you begin work. Also, you 

may be punished by fine or imprisonment. (18 U.S.C. 1001)" 

Sec. 3-04. Required application forms. 

(a) The Kaw Nation Gaming Commission shall require from any applicant who may 

be employed, vendor who supplies either gaming equipment, machines or supplier of 

goods to any gaming facility operated on Indian lands to provide: 

(1) Application for gaming license by individual, if applicable, or 

application for gaming license by contract or entity, including 

management; 

(2) Personal history record, with attached personal financial 

questionnaire, including statement of assets and statement of 

liabilities; 

(3) One complete fingerprint card; 

(4) Request to release information - individual or entity. 

(d) The Commission may request any additional forms or information from an 

applicant, as it deems necessary or appropriate. 

(e) The Commission shall create an individual file for each applicant, which includes 

the applicant's personal history record, and all background information compiled by 

the Commission. 

Sec. 3-05. Fingerprint cards required. 

All applicants for a license are required to submit a fingerprint card. The Kaw Nation 

Gaming Commission is hereby identified as the enforcement agency to take 

fingerprints. Pursuant to 25 C.F.R. lj 522.2(h), the Commission shall forward an 

applicant's fingerprint cards to the NIGC to be processed by the Federal Bureau of 

Investigation National Criminal Information Center. The Commission may submit an 

applicant's fingerprint card to any additional Tribal, local or state criminal history 

check system or center as the Commission or the Commission Chairman deem 

necessary or appropriate. Reports obtained from such fingerprint processing shall be 

incorporated into the applicant's personnel file. 
Sec. 3-06. Continuing duty to provide information. 

Applicants and licensees shall have a continuing duty to provide any materials, 

assistance or other information required by the Commission, and to fully cooperate 

in any investigation conducted by or on behalf of the Commission. If any information 

provided on the application changes or becomes inaccurate in any way, the applicant 

or licensee shall promptly notify the Commission of such changes or inaccuracies. 

Sec. 3-07. Term of license; license fees; parameters of license. 

(a) Licenses, except provisional licenses (see section 3.11 provisional license), shall 

be for a term of one year, and shall expire on the anniversary of the effective date of 

such licenses. 

(b) In order for the Tribe to recover the costs of complying with federal, Tribal, and 

state regulatory processes applicable to Class 11 Gaming and Class I11 Gaming, 

annual license fees shall be imposed: 

(1) On any persons required to obtain a license, in accordance with a 

fee schedule to be established by the Commission; and 

(2) In addition to the license fees imposed pursuant to subsection 

(b)(l) of this section, the Commission may impose such fees on 

licensees as are reasonably related to costs of enforcement, 

including investigations and proceedings before the Commission, 

and which will in the aggregate be sufficient to enable the Tribe 

and the Commission to recover its reasonable costs of enforcing 

this chapter. Such costs may be estimated by the Commission and 

imposed prior to a final Commission action regarding a particular 

licensee or applicant. 

(c) Violations of any provision of this Ordinance or the rules, or relevant 

license provisions, by a licensee shall be deemed contrary to the public 

health, safety, morals, good order and general welfare of the Tribe, and shall 

be deemed grounds for refusing to grant or renew a license, suspension or 

revocation of a license. Acceptance of a license, or renewal thereof by a 

licensee, constitutes an agreement on the part of the licensee to be bound by 

the provisions of this Ordinance and the rules as they are now, or as they 

may hereafter be amended or restated, and to cooperate fully with the 

Commission. It is the responsibility of the licensee to remain informed of the 

contents of this Ordinance, the rules and all other applicable regulations, 

amendments, provisions, and conditions, and ignorance thereof will not 

excuse violations. A license issued hereunder is a privilege license and no 

right shall attach thereto. 
Sec. 3-08. Conditions of license. 

All licensees shall comply with such reasonable conditions as may be fixed by the 

Commission including, but not limited to, the following conditions: 

(a) Facility licensees. 

(1) The licensee shall at all times maintain an orderly, clean 

and neat gaming establishment, both inside and outside the 

premises of the gaming establishment; 

(2) The Gaming Commission may enter the gaming facility at 

any time with no restrictions to any area or records within 

the gaming facility located on Indian lands. 

(a) Persons, management entities and suppliers of gaming goods and services 

licensed by the Commission shall comply with such conditions of the 

license as the Commission, in its reasonable discretion, may require. 

Sec. 3-09. Facility license. 

The Commission may issue an annual facility license to a gaming establishment, if 

the gaming establishment: 

(a) Is a sound physical structure with adequate and safe plumbing, electrical, 

heating, cooling and ventilation systems in place and operational; 

(b) Has been inspected and approved for safety by a building and fire 

inspector designated by the Commission; 

(c) Is adequate in all respects to accommodate the gaming intended to be 

carried on within the structure; 

(d) Is equipped with security and surveillance equipment meeting or 

exceeding provisions set forth in regulations established by the 

Commission; 

(e) Meets all requirements of applicable federal, tribal and state law; and 

Sec. 3-10. Certification of gaming devices. 

All gaming devices purchased, leased or otherwise acquired by the Tribe must meet 

the technical equipment standards set forth by the Commission. The Commission 

shall maintain a complete list of all gaming devices (whether or not such devices are 

in use) located at any gaming establishment on Indian lands. 
Sec. 3-11. Provisional license. 

The Commission may issue provisional licenses pending the satisfactory completion 

of all background investigations and other requirements of this chapter, IGRA, or the 

compact, and, if applicable, pending expiration of the 30-day NIGC review period 

provided for at 25 C.F.R. 5 558. In no event shall a provisional license be valid for 

greater than 90 days, subject to the issuance of another provisional license if such 

background investigations are not completed so long as no information to date has 

been received which would otherwise disqualify the applicant for a license. 

Sec. 3-12. Provisional employment 

As provided in section 3-11, primary management officials and key employees may 

be employed in gaming operations prior to the issuance of a license hereunder and 

during the period that a license shall be effective on a provisional basis, but such 

employment shall be provisional only and subject to the requirements of this section. 

Employment may begin prior to issuance of a license only if the Commission has 

made a preliminary finding of eligibility for employment in gaming operations, which 

shall require a preliminary determination that the primary management official or 

key employee in question is not a person whose prior activities, criminal record or 

reputation, habits or 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, or activities in the operation of 

gaming or the carrying on of the business and financial arrangements incidental 

thereto. Provisional employment shall be terminated upon the occurrence of any of 

the following: 

(a) Denial of a relevant license by the Commission; 

(b) Unsatisfactory completion of a background investigation or NIGC review 

resulting in nullification of a provisional license; or 

(c) To the extent required under 25 C.F.R. Ej 558 and, at the end of 30 days after 

the starting date of provisional employment, if at the end of such period no 

license has been issued hereunder or if a license issued hereunder remains 

effective only on a provisional basis, as provided in section 3.11; provided, 

however, that provisional employees terminated for the reason described in 

this subsection shall be qualified for reemployment upon the satisfactory 

completion of background investigations and NIGC reviews. 

Sec. 3-13. Assignment or transfer. 

No license issued under this Ordinance may be assigned or transferred unless the 

proposed assignee or transferee would independently be qualified to hold the license 

proposed to be assigned or transferred and the Commission approves of such 

assignment or transfer. 
ARTICLE IV. BACKGROUND INVESTIGATIONS AND UCENSE DECISIONS 

Sec. 4-01. Required background investigations. 

The Commission or the Commissions' staff shall conduct background investigations, 

or other agents retained by the Commission, under the supervision and direction of 

the Commission, on all persons specified in section 3.01 of this chapter. 

Sec. 4-02. Standards for background investigations. 

All background investigations shall be conducted to ensure that gaming operations 

shall not employ or contract with persons whose prior activities, or reputation, habits 

and associations 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 such gaming. Such investigations shall 

be conducted according to requirements at least as stringent as those set forth at 25 

C.F.R. 55 556 and 558, the compact, and this Ordinance. Background investigations 

shall be conducted in a manner, which takes all reasonable steps in verifying 

information, and to ensure the confidentiality of the information generated by the 

investigation as well as that submitted by the applicants. The Commission shall have 

jurisdiction to hear and decide upon any such claims. 

Sec. 4-03. Information required for background investigations. 

(a) Each person subject to a background investigation under section 3-01 of this 

Ordinance shall be required to provide, subject to the Privacy Act of 1974, at a 

minimum, and in such form as may be prescribed by the Commission or the 

Commission Chairman, all of the following information: 

(1) Full name, other names used, social security number(s), birth 

date, place of birth, citizenship, gender, all languages (spoken or 

written); 

(2) Currently and for the previous Five (5) years, all business and 

employment positions held, ownership interests in those businesses, 

business and residence addresses, and driver's license numbers; 

(3) The names and current addresses of at least three personal 

references, including one personal reference who was acquainted with 

the applicant during each period of residence listed under subsection 

(a)(2) of this section; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business relationships 

with any Native American Indian Tribe including, but not limited to, a 

description of the amount and type of ownership interest in those 

businesses; 
(6) A description of any existing and previous business relationships 

with gaming including, but not limited to, a description of the amount 

and type of ownership interest in those businesses; 

(7) The name and address of any licensing or regulatory agency with 

which the person has filed an application for a license or permit related 

to any gaming or gambling, whether or not such license or permit was 

granted; 

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

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

and the date and disposition, if any; 

(9) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), regardless of 

conviction, within ten years of the date of the application, the name 

and address of the court involved and the date and disposition; 

(10) For each criminal charge (excluding misdemeanor traffic charges, 

but including any DUI, reckless or careless driving charges), whether 

or not there is a conviction, if such criminal charge is within ten years 

of the date of the application and is not otherwise listed, the type of 

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

date and disposition of such charge; 

(11) The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license or 

permit, whether or not such license or permit was granted; 

(12) A current photograph; 

(13) Any other information the Commission deems relevant; and 

(14) Fingerprints consistent with the provisions of section 3.05. 

(b) Background investigations conducted by the Commission or the Commission 

staff, must be sufficient enough for the Commission to make the determination 

described in section 4.08(a). In conducting a background investigation, the 

Commission or its agents, shall make every reasonable effort to maintain the 

confidentiality of the identity of each person interviewed in the course of the 

investigation. 

Sec. 4-04. Completion of investigation. 

Upon completion of the investigation, the Commission may either (i) grant a license 

to the applicant, or (ii) notice the applicant for a hearing under article V of this 

Ordinance. The Commission may notice the applicant for a hearing at any time 

during the investigation for any potential problems or disqualifying information. 
Sec. 4-05. Issuance of license. 

The Commission, subject to the requirements of section 4.08, issues a license only 

after it has determined that the following minimum requirements have been met: 

(a) The applicant has fully completed all required application forms 

and has provided the Commission with all other information that the 

Commission has requested; 

(b) The applicant meets all of the licensing requirements of this 

Ordinance; 

(c) The Commission has reviewed the applicant's criminal history 

record and deems the applicant's criminal history to be satisfactory to 

hold a license; and 

(d) All applicable license fees and costs have been paid. 

Sec. 4-06. Denial of a license application. 

The Commission, after a hearing conducted pursuant to article V of this Ordinance, 

may deny an applicant a license only after it has determined that the minimum 

requirements were not met by the applicant or the applicants' application, or if the 

Commission determines that the applicant is a person whose prior activities, criminal 

record, reputation, habits or 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, or activities in the operation of 

gaming or the carrying on of the business and financial arrangements incidental 

thereto. 

Sec. 4-07. Cancellation or suspension. 

Licensees and applicants shall be legally responsible for any violation of this 

Ordinance, any relevant license provisions, the rules, or IGRA. Any license issued 

hereunder may be canceled, limited, revoked, suspended, terminated or modified by 

the Commission, after a hearing as provided in article V, for the breach of any of the 

provisions of the license, this Ordinance, or rules. In addition: 

(a) Unless otherwise stated in this Ordinance or the rules, a licensee's 

attorney has the right to be present and to participate in any 

proceeding concerning the cancellation, limitation, revocation, 

suspension, termination or modification of a license; 

(b) A license may be summarily suspended, without a prior hearing, 

only upon notice to that effect from the NIGC; and 

(c) All decisions of the Commission regarding the cancellation, 

limitation, revocation, suspension, termination or modification of 

licenses shall be final, unless appealed as provided in article V of this 

Ordinance. The licensee shall conduct no gaming after cancellation, or 

pending of an appeal. 
Sec. 4-08. Eligibility determination and procedures for forwarding 

applications and reports for key employees and primary management 

officials to the National Indian Gaming Commission. 

(a) The Commission shall review an applicant's prior activities, criminal record, 

reputation, habits and associations to make a finding concerning the eligibility of a 

key employee or primary management official for employment in a gaming 

operation. If the Commission determines that employment of the person poses a 

threat to the public interest or to the effective regulation of gaming, or creates or 

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

activities in the conduct of gaming, the gaming operation shall not employ that 

person. 

(b) When a key employee or primary management official commences work at a 

gaming operation, the Commission shall within a reasonable period of time forward 

to the NIGC a completed application for employment for such key employee or 

primary management official, and shall conduct all necessary background 

investigations. The Commission shall make the eligibility determination referred to in 

subsection (a) of this section. 

(c) A report shall be submitted to the NIGC within 60 days after a key employee or 

primary management official commences work at a gaming operation or within 60 

days of the approval of this Ordinance. Such report shall, at a minimum, include all 

of the following: 

(1) Steps taken in conducting the background investigation; 

(2) Results obtained; 

(3) Conclusions reached by the Commission; 

(4) The Commission's basis for those conclusions; and 

(5) A copy of the eligibility determination. 

(d) No gaming operation shall continue to employ as a key employee or primary 

management official any person who does not have a license within 90 days of 

commencing work at a gaming operation. 

(e) If a license is not issued to an applicant, the Commission: 

(1) Shall notify the NIGC; and 

(2) May forward copies of its eligibility determination and any relevant 

report regarding a background investigation of the applicant to the 

NIGC for inclusion in the Indian Gaming Individuals Records System. 

(f) With respect to key employees and primary management officials, applications for 

employment and reports of background investigations shall be retained by the 

Commission for inspection by NIGC or his designee for no less than three years from 

the date of termination of employment of each key employee or primary 

management official. 
Sec. 4-09. Granting a gaming license. 

(a) If, within a 30-day period after the NIGC receives all required applications and 

reports, the NIGC notifies the Tribe that it has no objection to the issuance of a 

license pursuant to a license application filed by a key employee or a primary 

management official, the Commission may issue a license to such applicant. 

(b) The Commission shall respond in a timely manner to requests for additional 

information from NIGC concerning key employees or primary management officials 

who are the subject of any report filed with the NIGC by the Commission. Any such 

request by NIGC shall suspend the 30-day period referred to in this section until the 

NIGC receives the additional information requested. 

(c) If, within a 30-day period after the NIGC receives all required applications and 

reports, the NIGC provides the Tribe with a statement itemizing objections to the 

issuance of a license to a key employee or to a primary management official for 

whom the Commission has submitted an application and all required reports to the 

NIGC, the Commission shall reconsider the application, taking into account the 

objections itemized by the NIGC. The Commission shall make the final decision 

whether to issue a license to such applicant. 

Sec. 4-10. License revocation and suspension following receipt of 

information from NIGC. 

(a) If, after the issuance of a license, the Tribe receives information from the NIGC 

indicating that a management entity, key employee, or primary management official 

is not eligible for employment under section 4.02 of this Ordinance, the Commission 

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

the potential revocation of the licensee's license, and shall conduct a hearing in 

accordance with the rules regarding the proposed license revocation. 

(b) After a hearing, the Commission shall revoke or reinstate a license suspended 

pursuant to subsection (a) of this section. The Commission shall notify the NIGC of 

its decision. A decision of the Commission to revoke a license after the hearing called 

for by subsection (a) of this section shall be final and there shall be no appeal. A 

management entity whose license has been revoked or suspended pursuant to this 

section may not operate a gaming operation. 
ARTICLE V. RULES OF PROCEDURE FOR HEARINGS 

Sec. 5-01. Scope. 

This article shall govern all license hearings, appeal hearings conducted 

pursuant to this Ordinance. 

Sec. 5-02. Hearings. 

(a) The Commission shall afford an applicant an opportunity for a hearing 

prior to any final action by the Commission on an application. 

(b) The Commission shall afford a licensee the opportunity for a hearing prior 

to taking final action resulting in the revocation of the license or the 

imposition of any penalties, which the Commission is authorized to impose 

pursuant to these rules and the Ordinance. 

(c) Nothing in this section shall limit the Commission's authority to summarily 

suspend or revoke a license without a hearing pursuant to section 4.07(b) of 

this Ordinance. 

Sec. 5-03. Notice of hearing. 

(a) The Commission shall provide written notice to the applicant or licensee of 

the hearing at least seven days prior to the date set for the hearing. The day 

the applicant or licensee receives the notice shall be considered a full day's 

notice under this section. The notice shall be sent by registered or certified 

mail, or may be personally served upon the applicant or licensee. The notice 

shall state the date, time and place of the hearing. 

Sec. 5-04. Determinations by the Commission. 

The Commission shall make all determinations of issues before it by a 

majority vote of the Commission. 
ARTICLE VI. APPEALS 

Sec. 6-01. Right of appeal; appeals procedures. 

A person directly affected by any finding of the Commission pursuant to any licensing 

decision of the Commission under this Ordinance, shall have the right to appeal such 

finding by filing for a hearing before the Commission. Any such appeal must be filed 

with the Commission in writing on or before the Fifth day following receipt by such 

affected person of the written finding of the Commission. The Commission shall 

certify the hearing record within 90 days of the date of the filing of the appeal. In 

any case which come before the Commission for final action the Commissions' 

decision on the hearing shall be final, and no further appeal may be had. 

ARTICLE VII. AUDITING 

Sec. 7-01. Conduct of audit. 

(a) The Commission shall cause to be conducted annually an independent audit of 

gaming operations and shall submit the resulting audit reports to the MIGC. 

(b) All gaming related contracts that result in the purchase of supplies, services, or 

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

and accounting services, and any other information the Commission deems 

necessary or appropriate. 

ARTICLE VIII. EXCLUSION OR REJECTION OF INDIVIDUALS 

Sec. 8-01. Prohibition against certain individuals. 

It shall be a violation of this Ordinance for any licensee to knowingly fail to exclude 

or eject from the gaming area of a gaming establishment any individual who: 

(a) Is visibly under the influence of liquor, a drug or other intoxicating 

substance; 

(b) Is under the age of 18 years; 

(c) Is displaying disorderly conduct; 

(d) Is a person known to have committed a gaming related felony; 

(e) Is known to have a reputation for cheating or manipulation of 

games; or 

(f) Has been personally excluded, or is a member of any group or type 

of persons which has been excluded, for cause from gaming 

establishments by a resolution of the Commission. 
ARTICLE IX. NATIONAL INDIAN GAMING COMMISSION 

Sec. 9-01. Regulation of the Commission. 

Notwithstanding any provision in this Ordinance or the rules, the Commission is 

hereby fully empowered to comply with all regulations promulgated by the NIGC 

including, but not limited to, reporting requirements relating to ordinances, 

contracts, license applications, background checks, and other information. 

Sec. 9-02. Assessment. 

Notwithstanding any provision in this Ordinance or the rules, the Commission is 

hereby fully empowered to comply with all assessments authorized by the NIGC. 

Such assessments shall be payable solely from funds of gaming operation revenues 

as an operating expense. 

ARTICLE X. GENERAL REQUIREMENTS 

Sec. 10-01. Security and Surveillance 

Each gaming establishment must provide for full security and surveillance 

within the gaming establishment at all times. All security personnel in a 

gaming establishment must be licensed by the Commission. The security and 

surveillance departments shall interact when necessary to carry out their 

official duties and to coordinate their activities in order to effectuate the best 

protection for the gaming patrons and the Tribal and management interests 

and assets of the enterprise. 

Sec. 10-02. Compliance with other laws. 

The construction, maintenance and operation of any gaming operation shall 

be in a manner which protects the environment, public health and safety, and 

shall comply with all applicable Tribal and federal laws relating to 

environmental protection and public health and safety including, but not 

limited to, 25 C.F.R. 5 522.4(b)(7). 

Sec. 10-03. Amendments. 

All rules promulgated by the Commission are subject to proper revision, 

repeal, or amendment by the Commission. All amendments to this Ordinance 

shall be effective upon the date of passage by the Executive Tribal Council. 
Sec. 10-04. Severability. 

If any provision of this Ordinance, rules or regulations promulgated by the 

Commission, is found to be invalid by the Kaw Nation Tribal Court, the full 

remainder of such provisions shall not be affected. 

Sec. 10-05. Repeal. 

To the extent that they are inconsistent with this Ordinance, all prior gaming 

laws, rules and regulations, ordinances or regulations of the Tribe are hereby 

repealed. 

Sec. 10-06. Patron disputes. 

Any person who has any dispute, disagreement or other grievance with the 

gaming operation that involves currency, tokens, coins, or any other thing of 

value, may seek resolution of such dispute from the following persons and in 

the following order: 

(a) A member of the staff relevant of the gaming operation; 

(b) The supervisor in the area of the relevant gaming operation in 

which the dispute arose; 

(c) The manager of the relevant gaming operation; and 

(d) The Commission. 

Sec. 10-07. Patron rights regarding disputes. 

When a person brings a dispute for resolution pursuant to section 10-06, the 

complainant has the right to explain his or her side of the dispute, and to present 

witnesses in connection with any factual allegations. At each level, if the dispute 

remains unresolved, the complainant shall be informed of the right to take the 

dispute to the next higher level as set forth in section 10-06. Resolution of any 

dispute by the personnel of a gaming operation shall always involve two or more 

staff members. All disputes, whether resolved or not, shall be reported in detail by 

the staff persons involved to their supervisor, or, in the case of the general manager 

of the gaming operation, to the Commission. 

Sec. 10-08. Gaming Commission action on patron disputes. 

All disputes, which are submitted to the gaming Commission shall be decided by the 

Commission based on information, provided by the complainant, including any 

witnesses for, or documents provided by or for, the complainant. The decision of the 

Commission shall be in writing, shall be issued within 14 days of submission of the 

matter to the Commission, and shall be provided to the general manager of the 

gaming operation and to the complainant. 
Sec. 10-10. Consent to jurisdiction. 

Any person who applies for a license under this chapter, applies for employment in 

any gaming establishment, enters into any contract or agreement related to gaming, 

or participates in any gaming on Indian lands where the Kaw Nation has jurisdiction, 

shall be deemed to consent to the civil jurisdiction of the Tribe, the Commission and 

the Tribal Court. Nothing in this section shall limit the jurisdiction of the Tribe, the 

Commission or the Tribal Court under any circumstances not explicitly contemplated 

in the section. 

Sec. 10-11. Other powers of the Commission. 

In addition to and in conjunction with the powers and responsibilities listed in this 

Ordinance, rules and other applicable laws and regulations the Commission shall 

have power to: 

(a) Issue orders of temporary closure of gaming activities for violations of 

this gaming ordinance or of contractual obligations to the Tribe, the IGRA 

or the approved Class I11 Compact or orders of permanent closure of 

gaming activities for violations of this Ordinance, Tribal gaming 

regulations or contractual obligations to the Tribe; 

(b) Initiate civil and criminal actions in court to enforce provisions of this 

Ordinance, Tribal gaming regulations or the IGRA; 

(c) Negotiate and approve management agreements for Class I1 Gaming 

to be submitted to the Tribal Council for approval by Tribal Council 

resolution; 

(d) Approve, deny or revoke gaming licenses for Class I1 or Class I11 

Gaming; 

(e) Monitor all gaming activities conducted on Kaw Nation lands on a 

continuing basis; 

(f) Ensure that background investigations are conducted as required by 

this Ordinance and the IGRA as well as conduct such additional 

investigations as the Commission may deem necessary; 

(g) Demand access to and inspect, examine, copy and audit all papers, 

books and records concerning activities and revenues of any gaming 

activity conducted on Kaw Nation lands and any other matters necessary 

to carry out their duties under this Ordinance; 

(h) Conduct such hearings as the Commission may deem appropriate in 

carrying out its duties, including administering oaths or affirmations to 

witnesses and issuing subpoenas to compel witnesses to appear at such 

hearings; 
(i) When information is received through audits or other investigations 

that indicates a violation of Tribal, federal or applicable state ordinances, 

laws or regulations, to treat as confidential and provide such information 

to the appropriate law enforcement officials; 

(j) Adopt regulations deemed necessary to clarify or enforce provision of 

this Ordinance or Tribal rights and interests established in approved 

management agreements or an approved Class 111 Compact; and 

(k) Adopt a Kaw Nation of Oklahoma Class I1 and/or Class I11 Gaming 

license application. 

Sec. 10-12. Agent for Service of Process 

The Commission Chairman shall be designated agent for service of process for 

the Kaw Nation Tribal Gaming Commission. The Chairman shall promptly 

report any such service to the Commission, and shall promptly provide the 

Commission with a copy of any complaints or other documents served. 

ARTICLE XI. RESERVE 
Regulation 

(a) The Gaming Commission Chairman shall act and perform as the Executive 

Director of the Gaming Commission, which is now established. 

(b) This position may not be held by any member of the Tribal Council, no person 

holding any elective office, nor any officer or official of any political party is 

eligible to act as Executive Director of the Gaming Commission. 

(c) The Gaming Commission Chairman, acting and performing as Executive 

Director of the Gaming Commission, may be removed from office by a 

majority vote of the Executive Tribal Council after a showing of cause. 

(d) The Gaming Commission Chairman shall devote his or her entire time and 

attention to the duties imposed under this Ordinance and the business of the 

Commission and shall not pursue any other business or occupation or hold 

any other office of profit. 

(e) The Gaming Commission Chairman shall not have any interest in any 

business or company holding a license under this Ordinance or doing business 

with any person licensed under this Ordinance. 

(f) The Gaming Commission Chairman is entitled to an annual salary and 

benefits in the amount specified by the Kaw Nation Executive Tribal Council. 

(g) The Gaming Commission Chairman shall furnish to the Commission such 

administrative and clerical services and such furnishings, equipment, 

supplies, stationery, books and all other things that the Commission may 

deem necessary to carry out its functions. 

(h) The Gaming commission Chairman for the purposes of this Ordinance may; 

i. Direct and supervise all employees in the Gaming office; 

ii. Direct and supervise all administrative actions of the Commission; 

iii. Sue on behalf of the Commission; 

iv. ~ake, execute and effectuate any and all agreements or contracts, 

including contracts for the purchase of goods and services as are 

necessary upon approval of Executive Council; 

v. Embloy the services of such person(s) as are considered necessary 

for the purposes of consultation or investigation and contract for 

the services of such legal, professional, technical and operational 

personnel and consultants upon approval of the Executive Tribal 

Council; 

vi. Perform such other duties which he or she may deem necessary to 

effectuate the purposes of this Ordinance; 

vii. Maintain files for licenses under this Ordinance, together with a 

record of all actions taken with respect to those applications, 

maintain any other files he or she deems necessary for the 

purposes of this Ordinance; 

viii. Maintain the budget established to the Gaming Commission office; 

ix. Present a monthly report, pursuant to Sec. 2.04 of this Ordinance, 

on behalf of the Commission to the Executive Tribal Council.