BY FIRST-CLASS MAIL 

Jacque S. Hensley, Chair 

Kaw Nation 

Drawer 50 

Kaw City, OK 74641 

December l, 2016 

Re: Amended Tribal Gaming Ordinance of the Kaw Nation 

Dear Chair Hensley: 

This letter responds to your request on behalf of the Kaw Nation for the National Indian 

Gaming Commission to review and approve the Nation's amended gaming ordinance. 

The amended gaming ordinance was adopted on September 28, 2016 by Kaw Nation 

Tribal Council Resolution 16-109 (A Resolution lo Authorize, Approve and Amend The Kaw 

Nation Gaming Ordinance of 2016). Because the Nation's existing gaming ordinance was last 

amended in June 2004, and changes were made to tbc regulatory requirements in the interim, the 

ordinance was amended to comply with those regulations. 

Thank you for submitting the amended gaming ordinance for review and approval. As it 

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

regulations, the amended gaming ordinance is approved. If you have any questions, please feel 

free to contact Armando Acosta, Senior Attorney, at 202-632-7003. 

Sincerely, 

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1 B49 C Slre e t NW, M<ill Stop #1621 Washington, OC 20 240 Tel: 202.632.7003 f<'.1x, ?.0?..6:J?..7066 

REGIONAL OFFICES Portland, O~; Sacra mento, CA; Phoeni x, AZ; St. Poul, MN; l uh a, OK, Oklohonw City, OK 

WWW.NIGC.GOV 
KAW NATION 

Drawer 50 

Kaw City, OK 7 4641 

(580) 269-2552 phone 

(866) 404-5297 toll free 

www.kawnation.com 

KAW NATION TRIBAL COUNCIL 

RESOLUTION 16-109 

A RESOLUTION TO AUTHORIZE, APPROVE AND AMEND THE KAW NATION 

GAMING ORDINANCE OF 2016 

WHEREAS, the Kaw Nation is federally recognized by the Secretary of the United States 

Department of Interior, as evidenced by a Constitution adopted and ratified on 

August 20, 2011 ; and, 

WHEREAS, the Tribal Council is the legislative body of the Kaw Nation; and, 

WHEREAS, the Kaw Nation Tribal Council has the duty and responsibility to act in the best 

interests of the Kaw Nation; and, 

WHEREAS, the Kaw Nation Tribal Council on September 10, 2016 has accepted, approved 

and amended the Kaw Nation Gaming Ordinance of 2016 submitted on 

September I 0, 2016, to improve the overall operation of the Gaming Industry; 

and, 

WHEREAS, the authorities granted by this resolution shall be continuing until rescinded or 

amended by separate action of the Tribal Council; and 

WHEREAS, all previously enacted versions of the Kaw Nation Gaming Ordinance are 

rescinded and no longer in effect. 

THEREFORE, BE IT RESOLVED, THAT the Kaw Nation hereby approves, authorizes and 

amends the Gaming Ordinance of2016. 
Resolution 16-109 

Page2 

CERTIFICATION 

I, Jacque Hensley, Chair of the Kaw Nation Tribal Council, do hereby certify that said resolution 

was approved and adopted on the ~~day of St.M ti, 2016, as an official act by quorum of the 

Kaw Nation Tribal Council and that the vote was: 

_ _ l{ for; ,J. against; _o_ abstentions; and _Q_ absent. 

Patti Kramer 

Terry Pepper 

Cheli Dunn 

Tahagena Warren 

Erin Kekahbah 

Cruz Maldonado 

For 

x 

x 

Against Abstentions Absent 

x 

'f-. __ 
• \ 

Kaw Nation Gaming Ordinance 

Approved September 28, 2016 
Table of Contents to Gaming Ordinance 

Section 1. Purpose .................................................................................................................... 1 

Section 2. Applicability ............................................................................................................ 1 

Section 3. Definitions ............................................................................................................... l 

Section 4. Gaming Authorized ................................................... .............................................. 5 

Section 5. Ownership of Gatning ............................................................................................. 5 

Section 6. Use of Net Gaming Revenues ................................................................................. 5 

Section 7. Per Capita Payments .............. ................................................................................. 5 

Section 8. Gaming Commission ............................................................................................... 6 

Section 9. Audits ....................................................................... ............................................. l 1 

Section 10. Environment and Public Health and Safety .......................................................... 12 

Section 11. Patron Dispute Resolution .................................................................................... 12 

Section 12. Facility Licenses ................................................................................................... 12 

Section 13. Agent for Service of Process .............................. ................................................... 13 

Section 14. Required Application Forms ................................................................................. 13 

Section 15. Privacy Notice ....................................................................................................... 13 

Section 16. License Pees .......................................................................................................... 14 

Section 17. Fingerprints ........................................................................................................... t 4 

Section 18. Background Investigations .................................................................................... 14 

Section 19. Procedures for Conducting Background Investigations ........................................ 16 

Section 20. Investigative Reports ............................................................................................. I 7 

Section 21. Eligibility Detenninations ..................................................................................... 17 

Section 22. Notice of Results of Background Investigations .................................................. 18 

Section 23. Granting Gaming Licenses .................................................................................... 18 

Section 24. Denying Gaming Licenses .................................................................................... 19 

Section 25. Gaming License Suspensions and Revocations .................................................... 20 

Section 26. Appeal of a License Denial or Revocation ........................................................... 21 

Section 27. Records Retention ................................................................................................. '2 l 

Section 28. Licenses for Vendors ............................................................................................ 22 

Section 29. Submission of a Vendor License Application ...................................................... 22 

Table of Contents 
Section 30. 

Section 31. 

Section 32. 

Section 33. 

Section 34. 

Section 35. 

Section 36. 

Section 37. 

Section 38. 

Section 39. 

Contents of the Vendor License Application ........................................................ 23 

Vendor Background Investigations ....................................................................... 24 

Vendor License Fees ............................................................................................. 24 

Vendor Background Investiga6on Reports ........................................................... 24 

Assessment ............................................................................................................ 25 

Compliance with Federal Law .............................................................................. 25 

Repeal .................................................................................................................... 25 

Amendments ......................................................................................................... 2 5 

Severability ........................................................................................................... 25 

Consent to Jurisdiction .......................................................................................... 25 

Table of Contents 
Kaw Nation Gaming Ordinance 

Section 1. Purpose 

The Tribal Council of the Kaw Nation ("Tribe"), empowered by the Kaw Nation Constitution 

to enact ordinances, hereby enacts this ordinance in order to govern and regulate the operation 

of all forms of gaming and gaming operations on the Tribe's Indian lands. 

Section 2. Applicability 

Unless specifically indicated otherwise, all provisions of this ordinance shall apply to all 

gaming on the Tribe's Indian lands. 

1 

Section 3. Definitions 

The following terms shall have the same meaning and effect as those same terms are defined 

in the Indian Gaming Regulatory Act ("IGRA"), 25 U.S.C. §§ 2701 et seq., and the National 

Indian Gaming Commission ("NIGC") regulations, 25 C.F.R. §§ 500 et seq., if they are 

defined in IGRA and the NIGC's regulations. 

A Applicant. Any person, partnership, corporation, joint venture or other entity 

applying for, or requesting renewal of, any license described in or required by 

this Ordinance. 

B. Application. A request for the issuance or renewal of a license described by this 

Ordinance. 

C. Chairman. The Chahman of the Kaw Nation Gaming Commission. 

D. Class I gaming. "Class I gaming" means: 

1. Social games played solely for prizes of minimal value; or 

2. Traditional fonns of Indian gaming when played by individuals in 

connection with tribal ceremonies or celebrations. 

E. Class II gaming. Class II Gaming as defined by 25 U.S.C. § 2703(7) and 25 

C.F.R. §502.3, and any regulations promulgated thereunder. 

F. Class III gaming. Class III Gaming as defined by 25 U .S.C. §2703(8) and 

25 C.F.R. §502.4, and any regulations promulgated thereunder. 

G. Commission. The Kaw Nation Gaming Commission established to perform 
2 

regulatory oversight and to monitor compliance with tribal, federal, and 

applicable state regulations. 

H. Commissioner. A Kaw Nation Gaming Commissioner. 

I. Compact. The Tribal State Compact, including all renewals> amendments, 

appendices, exhibits and other attachments thereto for the Kaw Nation and the 

State of Oklahoma providing for the conduct of Class III Gaming by the Kaw 

Nation under 25 U.S.C. § 2710(d). 

J. Council. The Tribal Council of the Kaw Nation. 

K Director. A member of the Kaw Gaming, Inc. Board of Directors. 

L. Gaming device. 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 pw])oses of this 

Ordinance 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. 

M. Facility License. A separate license issued by the Gaming Commission to each 

place, facility or location on Indian lands where the Tribe elects to allow 

gammg. 

N. Gaming Establishment. 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. 

0. Gaming Operation. Each business entity owned by the Tribe, operates the 

games, receives the revenues, issues the prizes, and pays the expenses. A 

gaming operation may be operated by the Tribe directly; by a management 

contractor; or, under certain conditions, by another person or entity. 

P. Indian lands. 

1. Land within the limits of an Indian reservation; or 

2. Land over which an Indian tribe exercises governmental power and that is 

either: 

a. Held in trust by the United States for the benefit of any Indian tribe or 

individual; or 
3 

b. Held by an Indian tribe or individual subject to restriction by the 

United States against alienation. 

Q. Key Employee. 

1. A person who performs one or more of the following functions: 

a. Bingo caller; 

b. Counting room supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

e. Floor manager; 

f. Pit boss; 

g. Dealer; 

h. Croupier; 

I. Approver of credit; or 

j. Custodian of gambling devices, including persons with access to 

cash an<l accounting records within such devices; 

2. If not otherwise included, any other person whose total cash 

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

3. If not otherwise included, the four most highly compensated 

persons in the gaming operation; or 

4. Any other person designated by the Commission as a key employee. 

R. License. Any authorization granted by the Commission, pursuant to this 

Ordinance, 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. A tribally owned gaming operation or a person licensed by the 

Tribal Gaming Commission as a primary management official, key 

employee or other gaming employee under the provisions of this 

ordinance. 

T. Management Contract. Any contract, subcontract or collateral 

agreement between an Indian tribe and a contractor or between a 

contractor and a subcontractor if such contract or agreement provides for 

Lhc: manag~m~nl of all or parl uf a gaming up~raliun. 

U. Net Revenues. Gross gaming revenues of an Indian gaming 

operation less: 
Section 4. 

1. Amounts paid out as, or paid for, prizes, winnings; and 

2. Total gaming-related operating expenses, including all those expenses 

of the gaming operation commonly known as operating expenses and 

non-operating expenses consistent with professional accounting 

pronouncements, excluding management fees. 

V. NIGC. The National Indian Gaming Commission. 

W. Non-key Employee. All other persons who perform any functions not 

designated as a Key Employee or Primary Management Official. 

X. Ordinance. The Kaw Nation Tribal Gaming Ordinance, as amended from 

time to time and any rules promulgated by the Kaw Nation Gaming 

Commission. 

Y. Person. Any association, partnership, corporation, firm, trust, or other form 

of business association or entity, as well as a natural person. 

Z. Primary Management Official. 

1. The person(s) having management responsibility for amanagement 

contract. 

2. Any person who has authority: 

a. To hire and fire employees; or 

b. To set up working policy for the gaming operation; or 

c. The chief financial officer or other person who has financial 

management responsibility. 

3. Any other person designated by the Commission as a 

primary management official. 

AA. Tribe. "Tribe" means the Kaw Nation. 

BB. Vendor of gaming goods and services. 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. 

Gaming Authorized 

Class II and/or class III gaming are authorized to be conducted on the Tribe's Indian lands, if 

such gaming is conducted in accordance with this ordinance, the Indian Gaming Regulatory 

4 
Act, the NIGC's regulations, and any other applicable laws or regulations. 

Section 5. Ownership of Gaming 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any 

gaming operation authorized by this ordinance, unless the Tribe elects to allow individually 

owned gaming. 

Section 6. Use of Net Gaming Revenues 

Net revenues from Tribal gaming shall be used only for the following pmposes: 

1. To fund Tribal 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; or 

5. To help fund operations of local government agencies. 

Section 7. Per Capita Payments 

Net revenues from any gaming activities conducted or licensed by the Tribe may be used 

to make per capita payments to Tribal members ifSection 8. 

5 

l The Tribe has prepared a plan to allocate revenues to one or more of 

the five uses authorized by section 6 of this ordinance; and, 

2 The plan is approved by the Secretary of the lnterior as adequate) 

particularly with respect to the uses described in sections 6(1) and 

6(3) of this ordinance; 

3. The interests of minors and other legally incompetent persons who are 

entitled to receive any of the per capita payments are protected and 

preserved, and the per capita payments are disbursed to the parents or 

legal guardian of such minors or legal incompetents in such amounts as 

may be necessary for the health, education, or welfare of the minor or 

other legally incompetent person; and, 

4. The per capita payments are subject to Federal ta'<:ation and the Tribe 

notifies its members of such tax liability when payments are made. 

Gaming Commission 
6 

A. The Tribe hereby establishes a Tribal Gaming Commission 

("Commission") to regulate the Tribe's gaming operations. The 

Commission shall consist of one member, the Kaw Nation Gaming 

Commissioner. 

B. The Commission will conduct oversight to ensure compliance with Tribal, 

federal and, if applicable, state laws and regulations. It will serve as the 

licensing authority for individuals employed in the gaming operation and will 

administer background investigations as part of the licensing process. The 

Commission will also have a role in monitoring compliance with the gaming 

operation's internal controls and in tracking gaming revenues. In order to carry 

out its regulatory duties, the Commission shall have unrestricted access to all 

areas of the gaming operation and to all of its records. The Commission shall 

have authority to take enforcement actions. including suspension or revocation 

of an individual gaming license, whenappropriate. 

C. The Commissioner position shall be filled through selection and appointment by 

the Tribal Council. The Tribal Council may suspend or remove the 

Commissioner for cause. The Commissioner would be entitled to appeal the 

suspension and removal and notice and an opportunity to be heard before the 

Tribal Council and a hearing shall be provided. Tribal Council's determination 

on appeal is final. During such suspension, the Tribal Council may appoint a 

qualified person to act as the Commissioner. Further, should any vacancy occur 

in the position of Commissioner, the selection process shall be initiated by the 

Tribal Council and the un-expired portion of the Commissioner's term shall be 

filled through selection and appointment by the Tribal Council. 

0. The term of office for Commissioner shall be three (3) years and the 

Commissioner can be reappointed for additional tenns. 

E. The following persons are not eligible to serve as Commissioner: Tribal Council 

members, Executive Officers of the Tribal Council, while serving as such; 

current employees of the gaming operation; gaming contractors (including any 

principal of a management, or other, contracting company); and persons 

ineligible to be key employees or primary management officials. Any person 

previously convicted of any felony will not be allowed to serve as a 

Commissioner. Any person previously convicted of a misdemeanor offense of 

embezzlement, theft or any other offense related to money or honesty, such as 

fraud, will only be allowed to serve as a Commissioner if the Tribal Council 

specifically finds that a significant amount oftime has passed and the person is 

now of trustworthy character. The Tribal Council shall require a criminal 

history check for each Commissioner candidate; shall review the candidate's 

criminal history check results; and shall make an appropriate eligibility 

determination within 30 days of appointment to the position of Commissioner. 
1. Amounts paid out as, or paid for, prizes, winnings; and 

2. Total gaming-related operating expenses, including all those expenses 

of the gaming operation commonly known as operating expenses and 

non-operating expenses consistent with profossional accounting 

pronouncements, excluding management fees. 

V. NIGC. The National Indian Gaming Commission. 

W. Non-key Employee. All other persons who perform any functions not 

designated as a Key Employee or Primary Management Official. 

X. 01·dinance. The Kaw Nation Tribal Gaming Ordinance, as amended from 

time to time and any rules promulgated by the Kaw Nation Gaming 

Commission. 

Y. Person. Any association, partnership, corporation, firm, trust, or other form 

of business association or entity, as well as a natural person. 

Z. Primary Management Official. 

1. The person(s) having management responsibility for a management 

contract. 

2. Any person who has authority: 

a. To hire and fire employees; or 

b. To set up working policy for the gaming operation; or 

c. The chief financial officer or other person who has financial 

management responsibility. 

3. Any other person designated by the Commission as a 

primary management official. 

AA. Tribe. "Tribe" means the Kaw Nation. 

BB. Vendor of gaming goods and services. 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. 

Seclion 4. Gaming Authorized 

Class JI and/or class III gaming are authorized to be conducted on the Tribe's Indian lands, if 

such gaming is conducted in accordance with this ordinance, the Indian Gaming Regulatory 

4 
Act, the NIGC's regulations, and any other applicable laws or regulations. 

Section S. Ownership of Gaming 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any 

gaming operation authorized by this ordinance, unless the Tribe elects to allow individually 

owned gaming. 

Section 6. Use of Net Gaming Revenues 

Net revenues from Tribal gaming shall be used only for the following purposes: 

1. To fund Tribal 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; or 

5. To help fund operations of local government agencies. 

Section 7. Per Capita Payments 

Net revenues from any gaming activities conducted or licensed by the Tribe may be used 

to make per capita payments to Tribal members ifSection 8. 

5 

l The Tribe has prepared a plan to allocate revenues to one or more of 

the five uses authorized by section 6 of this ordinance; and, 

2 The plan is approved by the Secretary of the Interior as adequate, 

particularly with respect to the uses described in sections 6(1) and 

6(3) of this ordinance; 

3. The interests of minors and other legally incompetent persons who are 

entitled to receive any of the per capita payments are protected and 

preserved, and the per capita payments are disbursed to the parents or 

legal guardian of such minors or legal incompetents in such amounts as 

may be necessary for the health, education, or welfare of the minor or 

other legally incompetent person; and, 

4. The per capita payments are subject to Federal taxation and the Tribe 

notifies its members of such tax liability when payments are made. 

Gaming Commission 
6 

A. The Tribe hereby establishes a Tribal Gaming Commission 

("Commission") to regulate the Tribe's gaming operations. The 

Commission shall consist of one member, the Kaw Nation Gaming 

Commissioner. 

B. The Commission will conduct oversight to ensure compliance with Tribal, 

federal and, if applicable> state laws and regulations. It will serve as the 

licensing authority for individuals employed in the gaming operation and will 

administer background investigations as part of the licensing process. The 

Commission will also have a role in monitoring compliance with the gaming 

operation's internal controls and in tracking gaming revenues. In order to carry 

out its regulatory duties, the Commission shall have unrestricted access to all 

areas of the gaming operation and to all of its records. The Commission shall 

have authority to take enforcement actions, including suspension or revocation 

of an individual gaming I icense, when appropriate. 

C The Commissioner position shall he tilled through selection and appointment by 

the Tribal Council. The Tribal Council may suspend or remove the 

Commissioner for cause. The Commissioner would he entitled to appeal the 

suspension and removal and notice and an oppo1tunity to be heard before the 

Tribal Council and a hearing shall be provided. Tribal Council's determination 

on appeal is final. During such suspension, the Tribal Council may appoint a 

qualified person to act as the Conunissioner. Further, should any vacancy occur 

in the position of Commissioner, the selection process shall be initiated by the 

Tribal Council and the un-expired portion of the Commissioner's term shall be 

filled through selection and appointment by the Tribal Council. 

D. The tenn of office for Commissioner shall be three (3) years and the 

Commissioner can be reappointed for additional terms. 

E. The following persons are not eligible to serve as Conunissioner: Tribal Council 

members, Executive Officers of the Tribal Council, while serving as such; 

current employees of the gaming operation; gamin:g contractors (including any 

principal of a management, or other, contracting company); and persons 

ineligible to be key employees or primary management officials. Any person 

previously convicted of any felony will not be allowed to serve as a 

Commissioner. Any person previously convicted of a misdemeanor offense of 

embezzlement, theft or any other offense related to money or honesty> such as 

fraud, will only be allowed to serve as a Commissioner if the Tribal Council 

specifically finds that a significant amount of time has passed and the person is 

now of trustworthy character. The Tribal Council shall require a criminal 

history check for each Commissioner candidate; shall review the candidate's 

criminal history check results; and shall make an appropriate eligibility 

determination within 30 days of appointment to the position of Commissioner. 
7 

The Commissioner will have a temporary appointment until a determination of 

suitability. 

F. The Tribe recognizes the importance of an independent Tribal Gaming 

Commission in maintaining a well-regulated gaming operation. The 

Commission shall be independent of, and act independently and autonomously 

from, the Tribal Council in all matters within its purview. No prior, or 

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

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

ordinance. To avoid potential conflicts of interest between the operation and 

regulation of the gaming facility, the Tribe requires that, at a minimum: 

1. No member of the Tribal Council or Gaming Board of Directors may 

serve on the Tribal Gaming Commission; 

2. Members of the Commission are prohibited from gambling in the facility; 

3. Commissioner is prohibited from accepting complimentary items from the 

gaming operation and suppliers of gaming goods and services, unless of 

reasonable value and all complimentary items received shall be reported to 

the Tribal Council on the monthly report to the Tribal Council. 

4. Commissioner may only be removed from office by the Tribal Council, 

prior to the expiration of their respective terms, for neglect of duty, 

misconduct, malfeasance or other acts that would render a Commissioner 

unqualified for thep<>sition. 

G. Nominees for Commissioner positions must satisfy the eligibility standards 

set forth for primary management officials and key employees found in 

Section 21 of this ordinance. All requisite background investigations shall be 

perfonned under the direction of the Kaw Nation Police Department. 

H. The Tribal Gaming Commissioner shall: 

l. Review and approve all investigative work conducted including those in 

connection with the background investigations of primary management 

officials; key employees and non-key employees; 

2. Make licensing eligibility detenninations, which shall be signed by a 

Commissioner; 

3. Issue gaming licenses to primary management officials; key and non-key 

employees of the operation, if warranted by the eligibility detenninat;on; 

4. Approve standards for licensing Tribal gaming facilities; 
8 

5. Issue facility licenses to gaming facilities; 

6. Ensure compliance with all Tribal, state and federal laws, rules and 

regulations regarding Indian gaming, if applicable; 

7. Hold hearings on patron complaints, in accordance with procedures 

established in this ordinance and the Tribal gaming regulations; 

8. Approve regulations necessary to comply with applicable internal control 

standards; 

9. Approve regulations on the levying of fees and/or taxes associated with 

gaming lic~nst:: applicalions; 

10. Approve regulations on the levying offmes and/or the suspension or 

revocation of gaming licenses for violations of this ordinance or any Tribal, 

federal or state gaming regulations, if applicable; 

11. Approve regulations for enforcing voluntary exclusions; 

12. Approve a list of regulatory authorities that conduct background 

investigations of, and I icense, vendors who are recognized as trustworthy; 

13. Perform such other duties the Commission deems appropriate for the proper 

regulation of the Tribal gaming operation; 

14. Approve such regulations and guidelines to implement the provisions of this 

ordinance, so long as they are in furtherance of, and not in conflict with, any 

provisions of this Ordinance; and, 

15. Have a representative of the Gaming Commission at the quarterly General 

Council meeting, when requested by the Tribal Council. 

I. The Office of the Tribal Gaming Conunission, with the ultimate responsibility 

being placed on the Gaming Commission, shall: 

1. Conduct background investigations, or cause such investigations to be 

conducted, for primary management officials; key employees and non-key 

employees; 

2. Create and maintain investigative reports based on the background 

investigations of primary management officials; key employees and non-key 

employees; 
9 

3. Obtain and process fingerprints, or designate a law enforcement agency 

to obtain and process fingerprints; 

4. Submit a notice of results to the NIGC of the background investigations 

done for each primary management official; key and non-key employee 

applicant; 

5. Establish standards for licensing Tribal gaming facilities; 

6. Inspect, examine and monitor all of the Tribe's gaming activities, and have 

immediate access to review, inspect, examine, photocopy and audit all 

records of the gaming establishment, not including records maintained by 

Human Resources; 

7. Ensure compliance with all Tribal, state and federal laws, rules and 

regulations regarding Indian gaming, if applicable; 

8. Investigate any suspicion of wrongdoing associated with any gaming 

activities; 

9. Comply with any and all reporting requirements under IGRA, the NIGC's 

regulations and any tribal-state compact to which the Tribe is a party, and 

any other applicable law; 

10. Draft and issue regulations necessary to comply with applicable internal 

control standards; 

11. Draft and issue regulations on the levying of fees and/or taxes 

associated with gaming license applications; 

12. Draft and issue regulations on the levying of fines and/or the suspension or 

revocation of gaming licenses for violations of this ordinance or any 

Tribal, federal or state gaming regulations, if applicable; 

13. Establish a list of persons not allowed to game in the Tribe's gaming 

facilities in order to maintain the integrity of the gaming operation; 

14. Establish a list of persons who have volWltarily agreed to be excluded from 

the Tribal gaming facility, and create regulations for enforcing the 

exclusions; 

15. Provide referrals and information to the appropriate law enforcement 

officials when such information indicates a violation of Tribal, federal or 

state statutes, ordinances, regulations, codes or resolutions; 
10 

16. Create a list of regulatory auth01ities that conduct background 

investigations of, and license, vendors who are recognized as 

trustworthy; 

17. Draft regulations exempting vendors from the licensing and/or 

background investigation requirements if they have received a license 

from a recognized regulatory authority; 

18. Perform such other duties the Commission deems appropriate for the 

proper regulation of the Tribal gaming operation; and 

19. Draft such regulations and guidelines to implement the provisions of this 

ordinance, so long as they are in furtherance of, and not in conflict with, any 

provisions of this Ordinance. 

20. Provide and supervise a surveillance department and provide surveillance 

services at all gaming enterprises. 

J. Before adopting, amending and repealing regulations, the Commission shall 

give notice of any such proposed action to the Tribal Council, the gaming 

opemtion(s) and all other persons whom the Commission has r~ason to believe 

have a legitimate interest in the proposed action. The notice shall invite 

comments and describe the general nature of the proposed action and the manner in 

which comments on the proposed action shall be received by the Commission. AH 

rules, regulations, policies and procedures, and tribal internal control standards shall be 

filed in the Office of the Tribal Secretary. 

K The Commission shall ensure that all records and information obtained as a 

result of an employee background investigation shall remain confidential and 

shall not be disclosed to any persons who are not directly involved in the 

licensing and employment processes. Information obtained during the course 

of an employee background investigation shall be disclosed to members of 

management, human resource personnel and/or others employed by the Tribal 

gaming operation on a need-to-know basis, for actions taken in their official 

capacities. 

L. The confidentiality requirements in Section 8(J), above, do not apply to 

requests for such records or information from any Tribal, federal) or state law 

enforcement or regulatory agency) or for the use of such records or information 

by the Commission and staff in the performance of their official duties. 

M. The Commissioner shall be compensated at a level determined by the Tribal 

Council. In order to ensure the Commissioner is not improperly influenced, 

a Commissioner's compensation shall not be based on a percentage of 

gaming revenue. 
Section 9. 

Section 10. 

N. The Conunission shall keep a written record of all its meetings and the Gaming 

Commission meeting minutes shall be filed with the Tribal Secretary. 

0. The Commission shall establish a budget for its operations that shall be approved 

by the Tribal Council. 

P. The Commission shall make monthly written reports to the Tribal Council due 

by the noon the Friday preceding the regular monthly Tribal Council Meeting. 

Such reports shall contain the following information: 

Audits 

1. Number and type of licenses issued during the previous month; 

2. Information regarding denials, suspensions and revocations; 

3. A report of the Commission expenditures for the prior quarter 

4. A summary of any Commission travel and training; 

5. All complimentary items received by the Commissioner; 

6. All other inf01mation which the Commission deems relevant in order 

to the keep the Council informed and current on all gaming 

regulatory matters. 

A The Tribe shall cause to be conducted independent audits of gaming 

operations annually and shall submit the results of those audits to the 

NIGC. Annual audits shall conform to generally accepted auditing 

standards (GAAP). 

B. All gaming-related contracts that result in the purchase of supplies, 

services or concessions for more than $25,000 in any year (except 

contracts for professional legal and accounting services) shall be 

specifically included within the scope of the audit conducted under 

Section 9(A) of this ordinance. 

C Copies of the annual audit of each licensed gaming operation, and each 

audit for supplies, services or concessions of each gaming operation, shall 

be furnished to the NIGC within 120 days after the end of each fiscal year 

of the gaming operation. 

Environment and Public Health and Safety 

Each gaming facility shall be constructed, maintained, and operated in a manner that 

11 
adequately protects the environment and the health and safety of the public. 

Section 11. Patron Dispute Resolution 

The Gaming Commission shall conduct patron dispute resolutions in accordance with the Kaw 

Nation and State of Oklahoma Tribal State Compact and other applicable laws. 

Section 12. Facility Licenses 

12 

A The Tribe shall issue a separate license to each place, facility or location on 

Indian lands where gaming is conducted under this ordinance. 

B. The Tribal Gaming Commission is responsible for issuing new or renewed 

facility licenses to each place, facility or location. 

C The Tribal Gaming Commission shall identify the environmental, health 

and public safety standards with which the place, facility or location must 

comply, and specify the fonn, conditions and contentof a facility license 

application. The Commission shall require the facility to submit: 

1. A legal description of the lands upon which the facility is located, and 

a certification that the site constitutes "Indian lands." as defined in 

IGRA, the NIGC's regulations, NIGC Office of General Counsel and 

DOI Solicitor Otlfoes' Indian lands legal opinions, judicial decisions 

and any other applicable law. 

D. The Tribal Gaming Commission shall only issue a facility license if the 

facility provides the required information and documentation, and 

sufficiently satisfies any additional conditions deemed necessary by the 

Commission. 

E The Tribe or the Gaming Commission shall submit to the NIGC Chair a 

notice that issuance of a facility license is under consideration by the Tribal 

Gaming Commission. This notice must be submitted at least 120 days 

before the opening of any new place, facility or location on Indian lands 

where gaming will occur. 

F. The Tribal Gaming Commission shall submit a copy of each newly issued 

or renewed facility license to the NIGC Chair within 30 days of issuance, 

along with any other required documentation. 

G. The Tribe shall notify the NIGC Chair within 30 days if a facility 

license is terminated or expires, or if a gaming place, facility, or 

location closes or reopens. 
Section 13. Agent for Service of Process 

The Commission designates the Kaw Nation Attorney General as the agent for service of any 

official determination, order or notice of violation. The Attorney General 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. 

Section 14. Required Application Forms. 

A. The Kaw Nation Gaming Commission shall require.any applicant for any type of 

gaming license to provide: 

l. Application for gaming license by individual, if applicable, or 

application, for gaming license by contract or entry, including 

management; 

2. Personal history record, with attached personal financial 

questionnaire; 

3. One complete fingerprint card or digital fingerprint submission; and, 

4. Request to release information - individual or entity. 

B. The Commission may request any additional forms or information from an 

application, as it deems necessary or appropriate. 

C. The Commission shall create an individual file for each applicant, which includes 

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

by the Commission. 

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

assistance or other information required by 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. 

Section 15. Privacy Notice 

13 

A. The following notice shall be placed on the Tribe's license application form 

for a non- key, key employee or a primary management official before it is 

filled out by an applicant: 

In compliance with the Privacy Act of 1974, the following information is 

provided: Solicitation of the information on this form is authorized by 25 

U.S.C. §§ 2701 et seq. The purpose of the requested information is to 

determine the eligibility of individuals to be granted a gaming license. The 
information will be used by the Tribal gaming regulatory authorities and by the 

National Indian Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The information may be 

disclosed by the Tribe or the NIGC 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 NIGC in connection with the issuance, denial, 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 being unable to license you for a 

primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, 

failurt;: lo supply a SSN may result in errors in processing your application. 

B. The following additional notice shall be placed on the application form for a key 

employee or a primary management official before it is filled out by an applicant: 

A false statement on any part of yow· license application may be grounds for 

denying a license or the suspension or revocation of a license. Also, you may be 

punished by fine or imprisonment (U.S. Code, title 18, section 1001). 

Section 16. License Fees 

The Commission may charge a license application fee, to be set by the Tribal Gaming 

Commission, to cover its expenses in investigating and licensing non-key employees, key 

employees and primary management officials of the gaming operation. 

Section 17. Fingerprints 

The Gaming Conunission shall perform a background investigation for each primary 

management official, key employee and non-key employee of the gaming operation. The 

Commission shall request fingerprints from each primary management official and key 

employee. Fingerprints shall be taken by the Gaming Commission. Fingerprints will be 

forwarded to the Federal Bureau of Investigation eFBI") for processing and the National 

Criminal lnfonnati0n Center to detennine the applicant's criminal history, if any and reported 

to NIGC. 

Section 18. Background Investigations 

14 

A The Gaming Commission shall perform a background investigation for 

each primary management official> non~key employee and key employee 

in its gaming operation. 

B. The Gaming Commission is responsible for conducting the background 

investigations of primary management officials; key and non-key 
15 

employees. 

C. The Gaming Commission shall obtain from each primary 

management official, key employees and non-key employees all of 

the following infonnation: 

1. Full name, other names used (oral or written), social security 

number, birth date, place of birth, citizenship, gender and all 

languages spoken and/or written); 

2. Currently, and for the previous five (5) years, business and 

employment positions held, ownership interests in those businesses, 

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

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

references, including one ( l) personal reference who was 

acquainted with the applicant during each period of residence 

listed under paragraph (C)(2) of this section; 

4. Current business and residential telephone numbers, and all cell 

phone numbers; 

5. A description of any existing and previous business relationships with 

other tribes, including any ownership interests in the businesses; 

6. A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interests in the 

businesses; 

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

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

related to gaming, whether or not such license or pe1mit was granted; 

8. For each felony for which there is an ongoing prosecution or a 

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

the date of disposition, if any; 

9. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years of the 

date of the application, the name and address of the court involved and 

the date of disposition, if any; 

10. For each criminal charge (excluding minor traffic charges), whether or 

not there is a conviction, if such criminal charge is within 10 years of 

the date of the application, and is not otherwise listed pursuant to 
paragraphs (C)(8) or (C)(9) of this Section, the c1iminal charge, the 

name and address of the court involved, and the date of disposition, if 

any; 

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 photograph; 

13. Any other information the Commission deems relevant; and 

14. Fingerprints obtained in accordance with procedures adopted by the 

Commission pursuant to 25 C.F.R. § 522.2(h). 

D. When a primary management official, non-key or key employee is 

employed by the Tribe, a complete application file, containing all of the 

information listed in Section 18(c), shaH he maintained. 

Section 19. Procedures for Conducting Background Investigations 

16 

A The Gaming Com.mission, or its agent, shall employ or engage an 

investigator to conduct a background investigation of each applicant for a 

primary management official; key and non-key employee position. The 

investigation must be sufficient to allow the Gaming Conunission to make 

an eligibility determination under Section 22 of this ordinance. The 

investigator shall: 

1. Verify the applicant's identity through items such as a social 

security card, driver's license, birth certificate or passport; 

2. Contact each personal and business reforence provided in the 

license application, when possible; 

3. Conduct a personal credit check; 

4. Conduct a civil history check for past or outstanding judgments, 

cutTent liens, past or pending lawsuits, and any other information 

deemed to be relevant; 

5. Conduct a criminal history records check by submitting the applicant's 

fingerprints to the NI GC~ FBI or to another law enforcement agency for 

forwarding to the FBI to perform a criminal history records check 

utilizing the FBI's data base; 
6. Based on the results of the criminal history records check, as well as 

information acquired from an applicant's self-reporting or from any 

other source, obtain information from the appropriate court regarding 

any past felony and/or misdemeanor convictions or ongoing 

prosecutions within the past 10 years; 

7. Inquire into any previous or existing business relationships with the 

gaming industry, including with any tribes with gaming operations, 

by contacting the entities or tribes; 

8. Verify the applicant's history and cunent status with any licensing 

agency by contacting the agency; and 

9. Take other appropriate steps to verify the accuracy of the 

information, focusing on any problem areas noted. 

Section 20. Investigative Reports 

A. The Gaming Commission shall create and maintain an investigative 

report for each background investigation of a primary management 

official, non·key or key employee. 

B. Investigative reports shall include all of the following information: 

1. Steps taken in conducting the investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 

Section 21. Eligibilify Determinations 

17 

A. Before a license is issued to a primary management official, key employee 

or non- key employee or Gaming Commission employee, the Commission 

shall make a finding conceming the eligibility of that person for receiving 

a gaming license by reviewing the applicant's prior activities, criminal 

record, if any, and reputation, habits and associations. 

B. If the Commission, in applying the standards adopted in this ordinance) 

determines that licensing the person poses a threat to the public interest or 

to the effective regulation of gaming, or creates or enhances the dangers of 

unsuitable, unfair or illegal practices, methods and/or activities in the conduct of 

gaming, he or she shall not license that person in a key employee or primary 

management official position. 
C. Copies of the eligibility determination shall be included with thenotice of 

results that must be submitted to the NIGC before the licensing of a primary 

management official or key employee. 

Section 22. Notice of Results of Background Investigations 

A Before issuing a license to a primary management official or key 

employee, the Gaming Commission shall prepare a notice of results of 

the applicant's background investigation to submit to the NIGC. 

1. The notice of results must be submitted to the NIGC no later than 60 

days after the applicant begins working for the Casino. 

B. The notice of results shall include the following information: 

1. The applicant's name, date of birth, and social security number; 

2. The date on whil:h the applicant began, or will begin, working as a 

primary management official or key employee; 

3. A summary of the information presented in the investigative 

report~ including: 

a. licenses that have previously been denied; 

b . gaming licenses that have been revoked, even if subsequently 

reinstated; 

c. every known criminal charge brought against the applicant 

within the last 10 years of the date of the application; and 

d. every felony offense of which the applicant has been convicted or 

any ongoing prosecution; and 

4. A copy of the eligibility determination made in accordance with 

Section 21. 

Section 23. Granting Gaming Licenses 

18 

A. All primary management officials, key and non-key employees of the 

gaming operation and all Gaming Commission employees must have a 

gaming license issued by the Gaming Commission. 

B. The Gaming Commission is responsible for granting and issuing 

gaming licenses to primary management officials, non-key and key 

employees and all Gaming Commission employees. 

C. The Gaming Commission may license a primary management official or 
key employee applicant after submitting a notice of results of the 

applicant's background investigation to the NIGC, as required by Section 

22. 

0. The Gaming C'.-0mmission shall notify the NIGC of the issuance of a 

license to a primary management otlicial or key employee within 30 days 

of issuance. 

E. The gaming operations shall not employ an individual in a primary 

management official or key employee position who does not have a 

license after 90 days of beginning work at the gaming operation. 

F. The Gaming Commission must reconsider a license application for a 

primary management official or key employee if it receives a statement of 

itemized objections to issuing such a license from the NIGC, and those 

objections are received within 30 days of the NIGC receiving a notice of 

results of the applicant's background investigation. 

1. The Gaming Commission shall take the NIGC'sobjections into 

accollllt when reconsidering a license application. 

G. The Gaming Commission will make the final decision whether to issue a 

license to an applicant for a primary management official, key or non-key 

employee position or a Gaming Commission employee. 

H. If the Gaming Commission has issued a license to a primary 

management official or key employee before receiving the NIGC's 

statement of objections, notice and a hearing shall be provided to the 

licensee, as required by Section 25. 

Section 24. Denying Gaming Licenses 

19 

A The Gaming Commission shall not license a primary management 

official, key or non-key employee or Gaming Commission employee if 

the Gaming Commission detennines, in applying the standards in 

Section 21 for making a license eligibility determination, that licensing 

the person: 

1. Poses a threat to the public interest; 

2. Poses a threat to the effective regulation of gaming; or 

3. Creates or enhances the dangers of W1Suitable, llllfair or illegal 

practices, methods and/or activities in the conduct of gaming. 
B. When the Gaming Commission does not issue a license to an applicant for 

a primary management official, key or non-key employee position or 

Gaming Commission employee, or revokes a previously issued license 

after reconsideration, it shall: 

1. Notify the NIGC; and 

2. Forward copies of its eligibility determination and notice ofresults of 

the applicant's background investigation to the NIGC for inclusion in 

the Indian Gaming Individuals Record System. 

3. Provide the applicant or licensee with notice and hearing in accordance 

wilh Section 25. 

Section 25. Gaming License Suspensions and Revocations 

20 

A If, after a license is issued to a primary management official, key or a 

non-key employee, or Gaming Commission employee, the Commission 

receives notice from the NlGC that the primary management official or 

key employee is not eligible for employment or if the Gaming 

Commission denies, suspends or revokes a license, the Uaming 

Commission shall do the following: 

1. Immediately suspend the license, if applicable; 

2. Provide the licensee with written notice of the suspension and 

proposed revocation, or Commission action; and 

3. Provide the licensee with notice of a time and place for a hearing on the 

proposed revocation/action of the license. 

4. The right to a revocation hearing vests only when a license is granted 

under an ordinance approved by the NlGCChair. 

5. Following a revocation hearing, the Conunission shall decide whether 

to revoke or reinstate the license at issue. 

6. TI1e Commission shall notify the NIGC of its decision to revoke or 

reinstate a license within 45 days of receiving notification from the 

NIGC that a primaiy management official or key employee is not 

eligible for employment. 

B. If, the Gaming Commission denies, suspends or revokes a license issued 

to a primary management official, key or a non-key employee, or 

Gaming Commission employee for any reason than in accordance with 
subsection A of this Section, the Gaming Commission shall do the 

following: 

1. Inunediately take action on the license, if applicable; 

2. Provide the licensee with written notice of the suspension or 

Commission action and the Notice shall notify the licensee that a 

hearing must be requested within ten days from the day the 

Notice is received and failure to request a hearing in a timely 

manner shall finalize the Commission action, and 

3. Upon a hearing request by the licensee, the Gaming Conunission shall 

provide the licensee with notice of a time and place for a hearing on the 

action of the license; and the hearing must be held within thirty days 

from the date a hearing request is received by the Gaming Commission. 

4. Following the hearing, the Commission shall decide whether to revoke 

or reinstate the license at issue. 

5. The Commission shall notify the NIGC of any action taken by the 

Conunission and notify the NIGC that a primary management official 

or key employee is not eligible for employment. 

Section 26. Appeal of a License Denial or Revocation 

A. In the event that the Gaming Commissioner denies or revokes a gaming 

license, the applicant or revoked licensee may file an appeal within ten (10) 

days with the Kaw Nation District Court. If an appeal is not filed timely, 

the decision of the Kaw Nation Gaming Commissioner shall be final. 

B. The Kaw Nation District Court Judge shall review the determination of the 

Gaming Commissioner and may overturn the decision if the Kaw Nation 

District Court finds the determination to be arbitrary and capricious. 

C. The Decision of the Kaw Nation District Court Judge is final. 

Section 27. Records Retention 

21 

A. The Gaming Commission shall retain, for no less than three years from the 

date a primary management official or key employee is terminated or 

separates from employment with the gaming facility, the following 

documentation: 

1. Applications for licensing; 

2. Investigative Reports; and 
3. Eligibility Determinations. 

B. The Gaming Connnission shall maintain all other records in accordance with 

the Tribal Records Retention Policy, including the following: 

l. Applications, financial statements, fingerprints, contracts, licenses, 

suspension, and cancellation notices and con-espondences of all 

applicants, including management entities, key employees, primary 

management officials, gaming establishments, and suppliers of 

gaming goods and services; 

2. Meeting minutes from all Commission meetings; 

3. Compliance reports; 

4. Reports relating to customer disputes, complaints or other issues that 

affect the integrity of the gaming operation; 

5. Commission budget and expenditures; 

6. Tribal Council Communications and correspondences; 

7. NIGC and State Compliance communications and correspondences; 

8. Gaming Device list; and 

9. Any other records or docwnents the Commission deems necessary or 

appropriate. 

Section 28. Licenses for Vendors 

Vendors of gaming services or supplies, with a value of $25,000 or more annually, must have 

a vendor license from the Tribal Gaming Commission in order to transact business with the 

Tribal gaming operation. Contracts for non-gaming vendors, professional legal and 

professional accounting services are excluded rrom this Section. 

Section 29. Submission of a Vendor License Application 

In order to obtain a gaming vendor license, the business must complete a vendor application 

and submit to background checks of itself and its principals. Principals of a business include 

those officers, directors, managers, owners, partners, and non-institutional stockholders that 

either own 10% or more of the business' stock or are the 10 largest stockholders, as well as the 

on-site supervisors or managers designated in an agreement with the gaming facility, if 

applicable. 

22 
Section 30. Contents of the Vendor License Application 

23 

A. Applications for gaming vendor licenses must include thefollowing: 

1. Name of business, business address, business telephone number(s), 

federal tax identification number (or social security number, if a sole 

proprietorship), main office address (if different from business address), 

any other names used by the applicant in business, and type of 

service(s) applicant will provide; 

2. Whether the applicant is a partnershlp, corporation, limited liability 

company, sole proprietorship or other entity; 

3. If the applicant is a corporation, the state of incorporation; 

4. Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its principals; 

5. General description of the business and its activities; 

6. Whether the applicant will be investing in, or loaning money to, the 

gaming operation, and, if so, how much; 

7. A description of any existing and previous business relationships with 

the gaming industry generally, including o·wnership interests in those 

businesses; 

8. A list oflndian tribes with which the vendor has an existing or 

previous business relationship, including ownership, financial or 

management interests in any non-gaming activity; 

9. Names, addresses and telephone numbers of three (3) business 

references with whom the company has regularly done business for the 

last five (5) years; 

10. The name and address of any licensing or regulatory agency with 

which the business has filed an application for a license or permit 

related to gaming, whether or not such license or permit was granted; 

11. If the business has ever had a license revoked for any reason, the 

circumstances involved; 

12. A list of lawsuits to which the business has been a defendant, including 

the name and address of the court involved, and the date and 

disposition, if any; 
13. A list of the p1incipals of the business, their social security numbers, 

addresses, telephone numbers, titles, and percentage of ownership in 

the company; and 

14. Any further information the Commission deems relevant. 

B. The following notice shall be placed on the application fonn for a 

vendor and its principals: 

Inclusion of false or misleading information in the vendor application may 

be grounds for denial or revocation of the Commission's vendor license. 

Section 31. Vendor Background Investigations 

The Gaming Commission shall employ or otherwise engage an 

investigator to complete an investigation of a gaming vendor. This 

investigation shall include, at a minimum, the following steps: 

A. Verification of the vendor's business' incorporation status and 

qualifications to do business in the state where the gaming operation is 

located; 

B. Obtaining a business credit report, jf available; 

C Conducting a check of the vendor's business' credit history; 

D. Calling and questioning each of the references listed in the vendor 

application; and 

E. Conducting an investigation of the principals of the vendor's business, 

including facilitating a criminal history check, obtaining criminal history 

check results, obtaining a credit report, and interviewing the personal 

references listed. 

Section 32. Vendor License Fees 

The Commission may charge a license fee, to be set by the Gaming Commission, to cover its 

expenses in investigating and licensing vendors of the gaming operation. 

Section 33. Vendor Background Investigation Reports 

The investigator shall complete an investigative report covering each of the steps taken in the 

background investigation of the gaming vendor and its principals, and present it to the Gaming 

Commission. 

24 
Section 34. Assessment. 

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

empowered to comply with all assessments authorized by NIGC. Such assessments shall be 

payable solely from funds of gaming operation revenues as an operating expense. 

Section 35. Compliance with Federal Law 

The Commission shall comply with all applicable federal laws, including the Bank 

Secrecy Act, 31 U.S.C. § 5311 et seq. 

Section 36. Repeal 

To the extent that they are inconsistent with this ordinance, all prior Kaw Nation gaming 

ordinances are hereby repealed. 

Section 37. Amendments. 

All rules promulgates 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 Tribal Council. 

Section 38. Severability. 

If any provision of this Ordinance, ruJes 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. 

Section 39. Consent to Jurisdiction. 

Any person who applies for a license under this Ordinance, 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 Kaw Nation, the Commission and the Kaw Nation Tribal Court. 

Nothing in this section shall limit the jurisdiction of the Kaw Nation, the Commission or the 

Kaw Nation Tribal Court under any circumstances not explicitly contemplated in this Section. 

25