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Facility or other gaming establishment under the Commission’s jurisdiction,
and shall not adjudicate any matter in which a party to the dispute is a member
of the Commissioner’s immediate family or is an entity in which the
Commissioner has a pecuniary interest.”

Sec. 7. Section 10 of Title 17 of the Quapaw Code is hereby amended
as follows:

Subsection 10(A) is hereby amended as follows:

“In order to issue licenses to gaming related vendors, key employees,
PMOs, and to register all other vendors in compliance with the law and to
ensure that gaming is conducted in accordance with this Ordinance and any
related Tribal ordinances, rules and/or regulations, the Indian Gaming

Regulatory Act, and all applicable rules and regulations, the Tribal

Department-of Gaming 1 icensing
the-Tribal-Gaming Agency} is hereby established and. except as otherwise

provided herein, is delegated exclusive jurisdiction to hear and decide all

matters under this Ordinance in the first instance.”

Subsection 10(B) is hereby amended as follows:

“Issuance of any license pursuant to this subtitle Ordinance does not
constitute the creation of a duty by the Tribe to indemnify a licensee for any
wrongful acts against the public, or to guarantee the quality of goods, services,

or expertise of a licensee, or to otherwise shift responsibility from the licensee

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“B. Review by the Tribal Court

“1, The Quapaw Tribal Court shall have jurisdiction to review final
orders and decisions entered by the Tribal Gaming Commission in relation to
prize claims and patron disputes: provided, however. that the Tribal Court
shall not have jurisdiction to hear an appeal of such claim or dispute unless a

final order has been entered by the Tribal Gaming Commission.

“2. Review by the Tribal Court of any final order or decision of the

Tribal Gaming Commission relating to a prize claim or a patron dispute shall
be initiated by a notice of appeal filed not later than thirty (30) days after the

date the order or action appealed from is entered or taken. Failure by a

claimant to seek review as provided hereunder shall constitute a waiver of all

rights of appeal and further shall deprive the Tribal Court of jurisdiction over

the matter.

“3. Review of final agency determinations relating to prize claims

and patron disputes shall be in accordance with the procedures hereunder for

other administrative appeals.
“§ 23. Tort Claims

“A, Jurisdiction

“1. All claims for personal injury or property damage arising from
or relating to the operation of any Tribal Gaming Operation shall be resolved
exclusively in the Quapaw Tribal Court, and in no other venue or locale.

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“A non-refundable filing fee of one hundred dollars ($100.00) made
payable to the Quapaw Tribal Gaming Agency Commissien—shall be
accompany all requests for appeals, provided that such fee may be waived by

the Tribal Gaming AgencyGaming-C ission upon a showing of hardship.”

Sec. 15. New sections are hereby added to Title 17 of the Quapaw Code
immediately after the existing Section 19, with the language of the new
sections to read as follows:

“§ 21. A is from Final Actions of the Tribal Gamin:
Commission

“A, Jursidiction

“1. The Quapaw Tribal Court shall have exclusive jurisdiction to

review all final orders or actions of the Tribal Gaming Commission, as

provided herein.
“2. Review of any action of the Tribal Gaming Commission

provided for herein shall be shall be initiated by a notice of appeal filed not

later than thirty (30) days after the date the order or action appealed from is

entered or taken. Failure to seek review as provided herein shall constitute a

waiver of all rights of appeal and further shall deprive the Tribal Court of

jurisdiction over the matter.

“B. Review in Administrative Appeals

“1. In appeals to the Tribal Court brought pursuant to this section.

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Sec. 16. The language of existing Section 20 of Title 17 of the Quapaw
Code is hereby repealed.

Sec. 17. The language of existing Section 21 of Title 17 of the Quapaw
Code is hereby amended to delete the mailing address for the Quapaw Tribal
Gaming Agency, and to insert the following new address: “69300 E. Nee

Road. Quapaw, Oklahoma, 74363.”

BE IT FURTHER RESOLVED that the Tribal Business Committee finds and
resolves as follows:

1. The foregoing Ordinance shall become effective immediately upon its
approval by the Chairman of the National Indian Gaming Commission.

2 The Chairman of the Tribal Business Committee is hereby authorized and
directed to submit the amendments to the Tribal Gaming Ordinance, as set forth
herein and as approved by the Tribal Business Committee, to the Chairman of the
National Indian Gaming Commission, forthwith, for approval.

3. The fee for filing an appeal from a final decision of the Tribal Gaming
Agency or the Tribal Gaming Commission to the Tribal Court shall be $250, which
fee shall be non-refundable, until further action by the Tribal Business Committee.

4. The fee for filing a tort claim arising from or relating to a Gaming
Operation of the Tribe shall be $500, which fee shall be non-refundable, until further
action by the Tribal Business Committee.

5. The foregoing amendments to the Tribal Gaming Ordinance shall be
codified by the General Counsel in the Quapaw Code as the permanent law of the
Tribe. All sections of the amended ordinance are to be renumbered sequentially.

CERTIFICATION

The foregoing resolution of the Quapaw Tribal Business Committee was presented
and duly adopted at a regular meeting of the Tribal Business Committee on August
27, 2009, with a vote reflecting “7 yes, £7 no, O abstaining, and © absent.

— fo Ly Mt pA

es are Chainfran fathews/ Vice-Chairman
Quapt {bal Business Committee paw Tribal Business Committee

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This includes but is not limited to:

“1, Providers or subcontractors of food and beverage services and
goods;

“2. Providers or subcontractors of entertainment or entertainment
services;

“3. Providers or subcontractors of non-gaming products, like such as
gifts, tobacco, or other non-gaming products;

“4, Providers or subcontractors of cash counting machines; and

“5. Providers or subcontractors of any other non-gaming machine,

equipment, or device;

& “Gross- Gaming Revenue” meansth itetalamount-efeash

vi J. ti. of mane d-admissi 4 Tati: tabl,
wae jass-Hand gi an ssion-f udiag ta

a _fe 3¢ J, ts sd de

eard 5 3; -less—any—ar paid_out-as—p: Epa priz
awarded,

sy ST ih a?? As +h Q 3 Trib £ Olah. was

sk. Sy, E. I, 7. th, £, st_ hich] Hensated

Ke ¥ ployee”—means Our Ly see

jn th, 3; tet vi th fe £ +h,
per gaming oper persons perform-on

“« s

“2.—_ Counting room supervisor;


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Subsection 11(C) is hereby amended as follows:

“Each application shall be accompanied by payment of an application
fee established by the Tribal Gaming Agency to which shall include the cost
of the background investigation conducted pursuant to Seetion-t2-belew the

requirements of this Ordinance.”

Subsection 11(E) is hereby amended as follows:

“An application for a gaming license shall include a description of the
place, facility, or location on IndianFribal Lands where the applicant will
operate a gaming operation or where the applicant will be employed.”

Sec. 9. Section 13, subsection I(2), of Title 17 of the Quapaw Code is
hereby amended as follows: “Upon suspension, the Tribal Gaming Agency
shall within five (5) calendar days forward a copy the notification of the
suspension and any other relevant documentation to the Gaming
Commission.”

Sec. 10. Section 14 of Title 17 of the Quapaw Code is hereby amended
as follows:

“A. Gaming Licenses Required

“1. All employees of a Quapaw Tribal gaming facility and all
gaming related vendors, suppliers, and/or distributors, including principals,
technicians, or other persons with access to gaming machines, and/or secure,
sensitive, or restricted areas of the gaming operation, must apply for a license

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“2. __ The Tribal Court shall have original and exclusive jurisdiction to
adjudicate all claims provided for herein, but only if:

“a. __The purported injury occurred on the premises of a Facility or
Gaming Operation licensed under this Ordinance;

“b. The claimant (a) followed all required procedures pursuant to
Tribal law, including administrative regulations, and the pertinent terms of any

compact in effect between the Tribe and the State of Oklahoma relating to

such Gaming Operation, (b) exhausted any and all administrative remedies

and (c) provided all of the information required for filing such a claim

including, without limitation, the delivery to the Gaming Operation of a valid

and timely written notice of tort claim, signed by the claimant under oath or

pursuant to a declaration affirming the validity of all information provided in

such notice:

“c. The Gaming Operation denied the tort or other claim: _and

“d. The claimant filed an appeal in the Tribal Court no later than on

the one-hundred-eightieth (180th) day after the date the claimant received

notice of the denial of the claim by the Gaming Operation.

“B. Limitations on Tort Claims

“1. The Tribal Court shall have no jurisdiction to award damages to

any claimant in excess of the limits of the Gaming Operation’s liability
insurance applicable to tort claims, and no judgment may be entered or

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the existing ordinance indicated by strikethroughs and with additions to the existing
ordinance indicated by underlining, shall be enacted as the law of the Tribe:

Section. 1. Section 1 of Title 17 of the Quapaw Code is hereby amended as
follows:

S81. Title, Authority and Purpose

» Title.

“This ordinance shall be known as the Gaming Ordinance of the

Quapaw Tribe of Oklahoma (O-Gah-Pah).

“AB. Authority:

“This ordinance is enacted Ppursuant to the authority vested in the

Quapaw Tribal Business Committee bythrough the Quapaw—Tribe—in the

Quapay—G ing—ReselutionResolution Delegating Authority to the

Quapaw_ Tribal Business Committee to Speak and Act in Behalf of the

Quapaw Tribe of Indians duly adopted on August 19, 1956, and approved by

the Commissioner of Indian Affairs on September 20, 1957, as amended, the

Q Txibe_hereb: ds—i: ol +the-Or Tribal-G:
at ¥ > BOL t yal

Ordinan: f_Oetober24, 1994 ubject_to the approvaled—by of the

Chairman of the National Indian Gaming Commission NIGC2-under the
Indian Gaming Regulatory Act-(IGRA”), Pub. L. 100-497, 25 U.S.C.
§§ 2701, et seq., and 18 U.S.C. §§ 1166-68. The Quapaw Tribe shall
commence implementation of this Ordinance immediately upon enactment by
the Business Committee, provided that the provisions of the Quapaw Tribal

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to the TGA or any civil or criminal law enforcement agency of the Tribe:
“2. Attempting to influence another person to:
“a. _Withhold or otherwise fail to disclose any records, documents,
materials, or other information of any kind requested verbally or in writing by

the Tribal Gaming Agency or any civil or criminal law enforcement agency of

the Tribe:

“b. Refuse to be interviewed by the Tribal Gaming Agency or any

civil or criminal law enforcement agency of the Tribe:

“c. Lie or otherwise provide false or misleading information to the

Tribal Gaming Agency or any civil or criminal law enforcement agency of the

Tribe:

“d. Falsify any records, documents, information, or materials of any

kind, including, but not limited to, photographs, audio recordings, or video

tapes relevant to a Tribal Gaming Agency or other Tribal investigation: or

“

e.__ Conceal, alter, deface, or destroy any records, documents.

information, or materials of any kind, including, but_not_limited_to.

photographs, audio recordings or video tapes relevant to a Tribal Gaming

Agency or other Tribal investigation.

“N. Improper Interference

“Tt shall be a substantial violation of this Ordinance for any person or

entity to engage in:

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to the Tribe for proper training, conduct, or equipment of self or agents, even
if specific regulations require standards of training, conduct, or inspection.”

Subsection 10(D) is hereby amended as follows:

“Other than any specific employees designated in this Ordinance, the
Tribal Gaming Agency, subject to the authorization of the Business
Committee, will employ such staff as may be necessary to carry out its duties,
but which at a minimum will include a-compliance officer¢s} and licensing

officials, as needed.”

Subsection 10(E)(1) is hereby amended as follows:

“To secure, monitor, and safeguard the honesty, integrity, fairness, and
security of the all Tribal gaming operations;”

Subsection 10(E)(9) is hereby amended as follows:

“To conduct background investigations on PMOs and key employees
according to requirements at least as stringent as those in 25 C.F.R. Parts 556
and 558;”

Subsection 10(E)(10) is hereby amended as follows:

“To forward complete employment applications and the results of
background investigations for PMOs and key employees to the NIGC. Said
applications must include the notices in-SeetioaH,Subsection-B-below as

required hereunder;”
Subsection 10(E)(14) is hereby amended as follows:

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“The Quapaw Tribal Gaming Agency shall establish a license and fee

schedule for implementation on or about the first day of each calendar year for

each of the following types of licenses:

“1. Gaming Employee License—All gaming operation employees

must_be licensed _in accordance with the standards established in this

Ordinance. The Tribal Gaming Agency shall be authorized to issue temporary

employee licenses and to place conditions or restrictions on any employee

“2. Primary Management _Officials/Key Employees—All key

employees and primary management officials must be licensed in accordance

with the standards established in this Ordinance. The Tribal Gaming Agency

shall _be authorized to issue temporary licenses and to place conditions or

restrictions on any key employees and primary management official gaming

license. Key employees and primary management officials must provide a

financial history disclosure form.

“3. Gaming Vendors—All vendors, suppliers, and distributors of
gaming and gaming related equipment and supplies must be licensed annually.
“4. Gaming Machines—Class II and Class III gaming machines and

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The first sentence of Subsection 10(G) is hereby amended as follows:

“The Director of the Tribal Gaming Agency and staff shall refrain at all
times from participating in any gaming activities at the-Quapaw-Casine-or any
ether gaming establishment under the Agency’s authority, and neither the
Director nor staff shall handle any matter in which an applicant or subject is a
member of his or her immediate family or is an entity in which he or she has a
pecuniary interest.”

In addition to the foregoing, the word “and” is hereby deleted at the end
of Subsection 10(E)(20) of Title 17 of the Quapaw Code, and the period at the
end of Subsection 10(E)(21) of Title 17 of the Quapaw Code is hereby
replaced with a semicolon.

Sec. 8. Section 11 of Title 17 of the Quapaw Code is hereby amended
as follows:

Subsection 11(A)(1) is hereby amended as follows:

“1. Each person or entity having a management contract, each
primary management official and each key employee shall complete an
application for an initial license or renewal of an existing gaming license for
each gaming establishment on an application form prescribed by the Tribal
Gaming Agency. The application shall set forth:

“a, the name under which the applicant transacts or intends to

transact business on Indian Tribal Lands;”

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“1. Acts or omissions of an individual that interfere with or prevent

the Tribal Gaming Agency from fulfilling its duties and responsibilities under

this Ordinance; _or

“2. Making any offer or any promise of consideration or thing of

value for the purpose of affecting a decision or actions of the Tribal Gaming

Agency.

“QO. Failure to Comply With Quapaw Gaming Regulations

“It shall be a violation of this Ordinance for any person or entity subject

to the jurisdiction of the Quapaw Tribe to:

“l. Handle cash in a manner inconsistent with ¢2e-Quapaw_Tribal

internal Control regulations:

“2. Allow, assist in or carryout the installation of gaming machines

in_a_ manner that is inconsistent with the pre-installation _and_installation

requirements established by the Tribal Gaming Agency:

“3. Fail to adhere to gaming license regulations or promptly report

to the Tribal Gaming Agency the presence on the floor of any Quapaw Tribal

gaming facility any gaming machine that is not properly licensed: or

“4, Refuse to comply with an order, directive, request, or demand of

the Tribal Gaming Agency or the Commission.”

Sec. 14. The language of existing Section 19(C) of Title 17 of the

Quapaw Code is hereby amended as follows:

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“$—“Tribe” means the Quapaw Tribe of Oklahoma (O-Gah-Pah).”

The definitions set forth in Section 4 of Title 17 of the Quapaw Code
shall be reorganized into alphabetical order according to the first letter of the
term being defined, and the former capital letter designations for each defined
term are hereby deleted.

Sec.4. Section 6 of Title 17 of the Quapaw Code is hereby amended as
follows:

“$6, Audits

“A. The Tribe shall ensure that its Gaming Operations are the-facilityis
subjected to an independent audit of its gaming operations annually, and the
Director of the Tribal Gaming Agency, acting on behalf of the Tribe, shall
submit the resulting audit reports to the National Indian Gaming Commission.

“B. All gaming-related contracts that result in the purchase of supplies,
services, or concessions in excess of $25,000 annually, except contracts for
professional legal and accounting services, shall be specifically included in the

any audit required under this Ordinance.”
Sec. 5. The heading of Section 8 of Title 17 of the Quapaw Code is

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location) pull-tabs, lotto, punch boards, tip jars, instant
bingo, and other games similar to bingo; and
“2, Non-banking card games that:
“a, are explicitly authorized by the laws of the State of
Oklahoma, or
“b. are not explicitly prohibited by the laws of the State of
Oklahoma and are played at any location in the State, but
only if such card games are played in conformity with those
laws and regulations (if any) of the State regarding hours or
periods of operation of such card games or limitations on
wagers or pot sizes in such card games or as otherwise
authorized through a tribal-state compact between the Tribe
and the State; and
‘c. If played in the same location as bingo: lotto, pull-tabs,
punch boards, tip jars, instant bingo, and other games similar
to bingo.

“€—*Class II] gGaming” includes all other forms of gaming not
coming within the definitions of Class I or Il gGaming, including slot
machines and electromechanical facsimiles of any game of chance.

“D.—“Commission” means the Tribal Gaming Commission,

established to secure, oversee, and protect the honesty, integrity, fairness, and


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“| __Defrauding the Quapaw Tribe, any licensee, or any participant in
any gaming activity or promotion:

“2. Providing information that is known or should have been known
to be false or making any false statement with respect to an application for
employment or for any license or permit:

“3, Claiming, collecting or taking, or attempting to claim, collect or
take, money or anything of value in or from a game/gaming facility with intent
to defraud or claiming, collecting or taking an amount greater than the amount

actually won in such game:

“4. Providing information that is known or should have been known

to be false or misleading or making any false or misleading statement to the

Tribe, the Tribal Gaming Agency, or other civil or criminal law enforcement

agency of the Tribe in connection with any contract for services or property

related to gaming;

“5. Making any statement that was known or should have been

known to be false or misleading in response to any official inquiry by the

Tribal Gaming Agency or other civil or criminal law enforcement agency of

the Tribe:

“6. _Falsifying, destroying, erasing or altering any books, computer
data, records, or other information relating to a gaming facility or activity:

“7, Entering into any contract, or making payment on any contract

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securities, notes, bonds, or other commercially traded instruments of a
Gaming Operation initially purchased _from such Gaming Operation by a

ualified Gaming Financier: and (b) any trustee, or entity performing similar

functions, with respect to any debt securities. notes. bonds or other

commercially traded instruments of a Gaming Operation.

“D.___ Obligations of Qualified Gaming Financiers

“Except_as_ otherwise provided herein, or as required by the TGA

pursuant to its duties and powers under this Ordinance. applicants licensed as

Qualified Gaming Financiers hereunder will not be subject to regular reporting

requirements, including such reporting requirements applicable to other

licensees, during the term of their licenses. If a Qualified Gaming Financier’s

license lapses or otherwise terminates as herein provided, the recipient of such

license shall not act as a Gaming Financier until it again duly files a completed

application for such license.

“E. Term of Qualified Gaming Financier Licenses

“Each Qualified Gaming Financier License shall remain in effect until

the earlier of (i) December 31 of the second calendar year following the year

in which the application was submitted to the TGA or (ii) withdrawal of the

application by the applicant or (iii) the expiration of any engagement letter or

term sheet or loan agreement or other financing or security agreement between
the Qualified Gaming Financier and the respective Gaming Operation.

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Sec, 2. A new section is hereby added following Section 1 of Title 17 of
the Quapaw Code, as follows, with the subsequent sections of the Ordinance
to be renumbered in sequential order:

“§ 2. Jurisdiction of the Tribe Over Gaming Activities

“A, _As a sovereign nation, the Quapaw Tribe possesses and exercises its

governmental authority, powers, and jurisdiction and to the fullest extent

permitted under law over all of its Indian Country, including over all gaming

activities and_gaming operations and other activities conducted _within_its

Indian Lands, subject to the authority of the United States where and as

specified under pertinent federal law.

“B. The act of entry by any person or entity upon the premises of any

gaming establishment subject to this Ordinance, the act of transacting business

with any Tribal governmental instrumentality, agency, component, enterprise

authority, or other tribal entity subject to this Ordinance, the act of applying or

accepting employment with a Gaming Operation, or the act of applying for

any license, permit, or registration required by this Ordinance shall constitute
consent to the civil and/or, where applicable, criminal jurisdiction of the Tribe,
including consent to the jurisdiction of the courts and the governmental bodies
and agencies of the Tribe, with respect to any civil or regulatory matter arising
out of such consensual relationship with the Quapaw Tribe. The act of entry

into the jurisdiction of the Tribe by an extraterritorial seller or merchant or



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Gaming Ordinance of October 24, 1996, required by IGRA and its
implementing regulations shall remain effective until this Ordinance is
approved by the Chairman of the NIGC at which time this Ordinance shall
govern the operation and regulation of Quapaw Tribal gaming facilities and
activities on Tribal lands at which time the Ordinance of October 24, 1996,
shall be revoked in whole and superseded in full by this Ordinance.

“BC. Purposes:

“The purposes of this Ordinance are to:

“1. Establish the legal and regulatory framework for the regulation,
control, and licensing for the operation of all gaming activities within the
jurisdiction of the Tribe;

“2. Make clear and explicit that a Tribal license to operate a gaming
activity is a revocable privilege, not a right or property interest;

“3. Ensure that the operation of Tribally-_regulated gaming will
continue as a means of generating Tribal governmental revenues;

“4. Ensure that Tribally-_regulated gaming is conducted fairly and
honestly by both gaming operators and players, and that it remains free from
corrupt, incompetent, unconscionable and dishonest persons and practices;
and

“5. Ensure that Tribal gaming laws are fairly enforced against all

persons involved in gaming activities within the jurisdiction of the Tribe.”

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hereby amended to replace the existing heading “License Location” with

“Gaming Facility License Required.”

Sec. 6, Section 9 of Title 17 of the Quapaw Code is hereby amended as
follows:

Subsection 9(A) is hereby amended as follows:

“In order to regulate gaming on IndianFribat Lands, the Tribal Gaming

Commission is hereby established: and is delegated exclusive jurisdiction to

adjudicate appeals of all final actions and decisions of the Tribal Gaming

Agency, subject to appellate review by the Tribal Court, as provided under

law. The Commission is vested with all necessary powers to:”

Subsection 9(E)(7) is hereby amended as follows:

“To conduct hearings to review actions and decisions of the Tribal
Gaming Agency in accordance with the—Seetioai9—ef this Ordinance
pertaining to hearings and appeals;”

Subsection 9(F)(4) is hereby amended as follows:

“All decisions of the Commission shall be issued in writing and shall
be final and such other requirements as set forth ia-Seetion19 herein shall be
met; and”

The first sentence of Subsection 9(1) is hereby amended as follows:

“The Commissioner shall refrain at all times during his or her term of
office from participating in any gaming activities at the Quapaw-Casine-orany

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words used in the plural include the singular. Words used in the masculine
gender include the feminine and words used in the feminine gender include
the masculine. The following definitions shall apply to gaming and other
activities conducted under this Ordinance:

“f—“Business Committee” means the Quapaw Tribal Business

Committee, the elected governing body of the Tribe.

“A.—*“Class I sGaming” means social games solely for prizes of
minimal value or traditional forms of gaming engaged in by individuals as a
part of, or in connection with, tribal ceremonies or celebrations.

“B.—“Class II gGaming” means:

“1. Lotto or the game of chance commonly known as bingo
(whether or not electronic, computer, or other technological aids are used
in connection therewith):

“a. which is played for prizes, including monetary prizes, with

cards bearing numbers or other designations;

“b. in which the holder of the card covers such numbers or
designations with objects, similarly numbered or designated,
which are drawn or electronically determined; and

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

designations on such cards, including, (if played in the same

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prior to the initiation of the licensees’ activities.

“2. FhkeaApplicants shall for any Quapaw gaming license must fully

complete the pertinent gaming license application truthfully and honestly and

provide the Tribal Gaming Agency all necessary documents and information

to obtain a background investigation, including any additional information that

may be requested by the Tribal Gaming Agency.

“3. All licensees have a continuing obligation to notify the Tribal

Gaming Agency in the event of any change of circumstance causing any

information on his or her gaming license application to become obsolete.

including but not limited to:_a criminal charge, arrest, or conviction forke-or

he-is-arrested for or-charged-with any criminal wrongdoing, excluding minor

traffic violations;;__the filing of _a_petitionfiles for bankruptcy;; or

reeeivereceipt of a federal, Tribal. or state tax lien:_a change of name, address,

or other personal information: or entry of a civil judgment.

“4, An employee gaming license shall be valid for a period of two-

years. Licensees must submit an application for renewal to the Tribal Gaming

Agency not less than ninety (90) days prior to the date of expiration of his or

her gaming license in accordance with the policies and procedures established

by the TGA.
“5. Separate licenses will be issued for employees of each Quapaw
Tribal gaming operation and may only be transferred between facilities in

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September 30, 2009

John L. Berrey, Chairman

Quapaw Tribal Business Committee
P.O. Box 765

Quapaw, OK 74363-0765

RE: Quapaw Tribe of Oklahoma (O-Gah-Pah) Gaming Ordinance Amendments

Dear Chairman Berrey:

This responds to your request to review and approve recent amendments to the
Quapaw Tribe of Oklahoma (O-Gah-Pah) tribal gaming ordinance, as adopted by Tribal
Business Committee Resolution No. 082709-B (Aug. 27, 2009), with a technical
correction made by Resolution No. 092809-A (Sept. 28, 2009) regarding the ordinance’s
definition of Indian lands.

This letter constitutes approval of the amendments, as corrected, under the Indian
Gaming Regulatory Act (IGRA), 25 U.S.C. § 2701 et seq.

urther assistance, please contact Mr. Jeffrey Nelson or Ms.
of General Counsel, at (202) 632-7003.

Chairman

NATIONAL HEADQUARTERS 1441 | St. NW, Suite 9100, Washington, DC 20005. Tel: 202.632.7003 Fax 202.632.7066 WWW.NIGC.cov

nento, CA; Phoenix, AZ; St. Paul, MN; Tulsa, OK

REGIONAL OFFICES Portland, OF


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“G.—*Gaming Related Vendor” means any person or business entity
that supplies any goods or services directly related to the gaming operation.
This includes:

“1. Suppliers/Manufacturers of gaming equipment and devices
including electronic, computer, or technological aids to games;

“2, Providers of accounting services; and

“3. Amy-provider_of financing te the-Gaming-Operation-Gaming

“4——*Gross Gaming Revenue” means the annual total amount of cash
wagered on ¢Class II and eClass III games and admission fees (including table
or card fees, if any, less any amounts paid out as prizes or paid for prizes
awarded.

“ “Indian Lands” shall have the same meaning as is set forth under 25

U.S.C. § 2703(4)(A).
“K—‘“Key Employee” means the four most highly compensated

persons in the gaming operation and persons who perform one or more of the
following functions:

“1, Bingo Caller;

“2. Counting room supervisor;

“3, Chief of security;

“4, Custodian of gaming supplies or cash;


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security of Quapaw Tribal gaming by adjudicating matters that come before it
and perform such other functions as are authorized by this Ordinance.

“ Executive Officer” means, with respect to an applicant who is or

proposes to be a Qualified Gaming Financier, its chief executive officer, chief

operating officer, if any, and chief financial officer, or the equivalent of these

positions.

GC A. Jd th 1 peri d—ad: trati
gency—charged —w verall iper ¥
onsibilityfor—directi the Tribe: i li i - ff
resp ¥ sHreGHARE Tribe-s—gaming —t ie pregram:

“ “Facility” and “Facilities” means the location(s) where any gaming

activities of the Tribe are conducted.

“ “Gaming Financier” means, unless otherwise provided herein or in a

compact in effect with the State of Oklahoma, any provider of financing to a

Gaming Operation.

“.-—“Gaming Operation” means each economic entity licensed by
the Tribe that operates games, receives gaming revenues, issues gaming prizes
and pays the expense of operation. Said Gaming Operation may be operated

by the Tribe or by a management contractor.


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Ordinance.

“C. Remedies

“1. The Tribal Court may award just and reasonable compensation

for a personal injury or property damage, subject to the limitations herein.

upon a finding that the Gaming Operation is liable as a matter of law given all

the facts and circumstances of the case as adduced at a hearing of the case

under applicable law, provided that:

‘a.___The amount of such award shall be reduced by ten percent

(10%) if the claim is filed with the Gaming Operation more than ninety (90)

days after the occurrence of the event allegedly giving rise to the claim: and

“b.___The amount of compensation awarded for any one person for

personal injury, for any one occurrence for personal injury, or for any one

gccurrence for property damage may not exceed the amount of the public

liability insurance in each such category of personal injury or property damage
maintained by the Gaming Operation for the express purposes of covering and

satisfying tort claims.
“D.__ Filing Fees

“Each tort claim filed pursuant to this Ordinance shall be subject to a

non-refundable filing fee, as established under Tribal law, to be paid to the

Clerk of the Tribal Court upon filing.”
“§ 24, Applicable Law

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e the location of the gaming establishment for which the
gaming license is sought;

f the name under which the applicant transacts or intends to
transact business on Indian Tribal Lands; and

g such other information as the Director of Licensing and

Enforcement may require.”

Sec. 13. Existing Section 17 of Title 17 of the Quapaw Code is hereby
amended as follows:

Subsection 17(A) is hereby amended as follows:

“No person shall operate or conduct any gaming activity in a gaming
operation within the exterior boundaries of Feibat Indian Lands without a
gaming license issued by the Tribal Gaming Agency, as required by this
Ordinance.”

The following new subsections are hereby inserted immediately after
Subsection 17(J), as follows:

“J. Failure to Maintain Suitability

“It shall be a substantial violation for any licensee to fail or cease to

meet the suitability standards established by this Ordinance.

“K. Fraudulent Conduct

“It shall be a substantial violation of this Ordinance for any person or
entity to engage in any fraudulent conduct, which shall include:

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“F.___ Background Investigations
“Except_as otherwise required _by the Director within his or_her
discretion, the background investigation of each Executive Officer of an

applicant for a Qualified Gaming Financier license will consist solely of a

review of publicly available information contained in filings with the Office of
the Comptroller of the Currency, the Federal Deposit Insurance Corporation.
the Federal Reserve Board, the Securities and Exchange Commission, the

National Association of Securities Dealers, various stock exchanges, and other
Tribal, federal, and state agencies regulating Qualified Gaming Financiers,

depending upon the organization and the corporate charter of each such

applicant.”

The existing sections of Title 17 that follow this new section shall be
renumbered in sequence.
Sec. 12. Subsection 15(B)(2) of Title 17 of the Quapaw Code is hereby
amended as follows:
“2. For business entities:
a. the name of the business,

b. the purpose of business;

c the goods or services to be provided to the gaming
operation;
d. current business address and telephone numbers;

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other _person engaged in commerce, or by their agent, shall be considered
consent by such person or entity to the jurisdiction of the Tribe, including the
jurisdiction of the courts, governmental bodies, taxing authorities, and

regulatory agencies of the Tribe, for any dispute or other matter arising out of

such transaction, regardless of where the sale or transaction was made or took

place.

“C. __All entities or persons who apply for licenses under this Ordinance

shall be required, as a condition to such licensing, to acknowledge the

authority and jurisdiction of the Tribe, including the jurisdiction of the courts

of the Tribe, the Tribal Gaming Agency, and the Tribal Gaming Commission.

over their activities and transactions conducted within the Indian Country of

the Tribe and with the Gaming Operations of the Tribe. As a further condition

to such licensing, all such persons or entities shall be required to acknowledge

their_duty to comply with all applicable Tribal and federal laws and

regulations and the terms of any gaming compact(s) between the Tribe and the

State of Oklahoma then in effect and as may subsequently be amended.”

Sec, 3. Section 4 of Title 17 of the Quapaw Code is hereby amended as
follows:
“§ 4. Definitions

“For the purpose of this subtitle certain words shall have the meanings

specified in this section. Words used in the singular include the plural, and


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“To ensure that the-annval-outside audits as required hereunder are is
conducted and to transmit the reports to the NIGC;”

Subsection 10(E)(15) is hereby amended as follows:

“To monitor gaming activities to ensure compliance with this
Ordinance, aad-the Indian Gaming Regulatory Act, the Tribal-State gaming

compacts with the State of Oklahoma, and all other laws applicable to the

Tribe’s gaming activities, including rules and regulations issued thereunder.”

Subsection 10(E)(16) is hereby amended as follows:

“To work with law enforcement and regulatory agencies as needed to
carry out the Tribal Gaming Agency’s duties and responsibilities;”

New subsections are hereby added to Section 10 of Title 17 of the
Quapaw Code immediately after existing subsection 10(E)(21), which new
language is to read as follows:

“22. Carry out all duties and functions necessary to implement, carry-

out, and enforce the provisions of this Ordinance, including, but not limited to.

the development of internal agency forms, schedules. guidance documents.

policies and procedures; and

“23. Issue such orders and directives as may be necessary to ensure

the Tribe’s compliance with all applicable ]aws and the terms of any Tribal-

State gaming compact, including, but not limited to orders to compel, cease

and desist, and cure.”

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by the circumstances.

“C.__ Standing to Seek Review

“1. Only those persons or entities directly and adversely affected by

a decision or action of the Gaming Operation, the Tribal Gaming Agency, or

the Tribal Gaming Commission shall have standing to appeal a decision or

action of the Tribal Gaming Commission, except where:

“a. The petitioner _is seeking relief against the Tribal Gaming

Agency for an action unduly or unreasonably delayed or withheld, where such

inaction is causing articulable harm to the Petitioner:_or

“b. The petitioner is a licensee seeking review of an administrative

regulation promulgated pursuant to this ordinance on the grounds that such

regulation is arbitrary and capricious. constitutes an abuse of discretion, or is

otherwise not in accordance with law.

“D. Remedies

Upon hearing an appeal hereunder, the Tribal Court may:

“|. Affirm, reverse, or modify an order or other action of the Tribal

Gaming Commission, or may or remand a matter as appropriate:

“2. Compel_the Tribal Gaming Agency or Tribal Gaming

Commission to take an action unlawfully or unreasonably delayed _or
withheld; or

“3. Set aside a regulation of the Tribe upon a finding that such

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regulation or some portion thereof is arbitrary and capricious, an_abuse of

discretion, or otherwise not in accordance with law.

“E. Other Matters

“1. A petitioner in any appeal brought hereunder shall bear the

burden of proof.

“2. Except as otherwise provided in this ordinance, the manner and

requirements for seeking review of administrative decisions by the Tribal

Court shall be in accordance with the Court’s rules and procedures.

“3. __A_petitioner_may be represented by legal counsel_in_any

proceeding or adjudication hereunder at the petitioner’s sole expense. The

Tribal Court shall not award any attorney fees or costs for any maiter arising

under this Ordinance.

“4, The filing of every appeal under this Ordinance shall be subject

to a non-refundable filing fee, as established under Tribal law, to be paid to

the Clerk of the Tribal Court upon filing.”

“§ 22. Prize Claims and Patron Disputes
“A, Procedures

All prize claims and patron disputes arising at Tribal Gaming

Operations shall be adjudicated in the first instance by the Tribal Gaming

Agency and the Tribal Gaming Commission as set forth herein and under the

procedures set forth in applicable administrative regulations.

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systems must be licensed annually.
“C. Employee Credentials
“The Tribal Gaming Agency shall be authorized to establish a program

and standards for the issuance of credentials _to employees of any

instrumentality of the Quapaw Tribe for employment in any businesses or

enterprise collateral to a Quapaw Tribal gaming operation. Such standards

shall include provisions for_a background investigation to include, at_a

minimum, a criminal history check.

“DE. Adjustment of Annual Fee
“The Tribal Business Committee may adjust the amount of the annual

fees for gaming licenses and other fees, upon recommendation by the Tribal

Gaming Agency, provided that any increase shall take effect only on the
ensuing January 1.
“ED. Payment in Advance

“Annual license fees shall be paid in advance of the initial issuance or
renewal of a license.
“FE. Prorated Annual Fee

“The annualticensefee-fee for licenses required to be paid or renewed

annually shall be prorated in the case of each initially issued license.”
Sec. 11. A new section is hereby inserted into Title 17 of the Quapaw

Code, to follow immediately after existing Section 15, and to contain the

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QuAPAW TRIBE OF OKLAHOMA

P.O. Box 765 (918) 542-1853
Quapaw, OK 74363-0765 FAX (918) 542-4694

Resolution No. 082709-B

To Amend the Gaming Ordinance of the Quapaw
Tribe of Oklahoma (O-Gah-Pah)

BEFORE THE BUSINESS COMMITTEE OF THE QUAPAW TRIBE
OF OKLAHOMA (0-GAH-PAH)

August 27, 2009

The TRIBAL BUSINESS COMMITTEE introduced the following
Resolution to amend an existing ordinance.

WHEREAS, the Quapaw Tribe of Oklahoma (O-Gah-Pah) is a federally
recognized Indian Tribe and is governed by a Governing Resolution adopted by the
Quapaw Indian Council on August 19, 1956, and approved by the Commissioner of
Indian Affairs on September 20, 1957; and

WHEREAS, the Quapaw Tribe asserts tribal governmental jurisdiction to the
fullest extent recognized by law over the lands within the original Quapaw
Reservation, as established as a homeland for the Quapaw Nation by the Treaty of
May 13, 1833; and

WHEREAS, the Governing Resolution delegates authority to the Quapaw Tribal
Business Committee to speak and act on the behalf of the Quapaw Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and
obligated to transact Tribal business, including but not limited to adopting laws
relating to the regulation of gaming; and

WHEREAS, the Tribal Business Committee desires to update and revise the
Revised Gaming Ordinance of the Quapaw Tribal of Oklahoma, as adopted on
February 14, 2005, pursuant to Resolution No. 021405-A, to enhance and strengthen
the Tribe's gaming laws and to foster greater clarity and specificity with regard to
those acts and/or omissions which constitute unlawful gaming conduct.

NOW THEREFORE BE IT RESOLVED by the Tribal Business Committee that
the following amendments to Tribal law, as described herein and/or with deletions to


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“A, Law Applicable to Tort Claims

“The law governing every tort claim brought pursuant to this Ordinance
shall be Tribal law.
“B. Law Applicable to Gaming Contracts

“1. Every contract entered into by a Gaming Operation, the Tribal

Gaming Agency, and the Tribal Gaming Commission with any person or

entity who is required to hold a license or registration issued pursuant to this

Ordinance, or that involves or relates to gaming, shall be subject to all

applicable laws relating to and regulating Tribal gaming, including, without

limitation, the Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq., and

the implementing regulations. 25 C.F.R. Chapter II, all Tribal laws relating to

and regulating gaming activities. including but not limited to this Ordinance

and the implementing regulations, any applicable compacts in force between

the Tribe and the State of Oklahoma. and any other applicable laws and

regulations. Any provision of any gaming or gaming-related contract contrary

to this section shall be void as a matter of law and policy. and shall be

unenforceable.

“2. Unless the parties expressly agree to choose another law for the

purpose of the interpretation and enforcement of a contract subject to this

section, such contract shall be governed by Tribal law, as defined under Tribal

law.”

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“ s ‘ -

“6 Dealer:
g >
“ Custodian-of gambling devi luding-p ith +9

ibe2s. H ) jncludins th fal} ji d
Trt amine ope {S}5 se the-ssuan Eats 2) ced
thi thorityto-enk 15 ith thi di d-alt licabl

Comp: with—this- ippl
federal. lated te tribal ;
fe iS



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federally or state regulated bank or commercial lending institution; a
broker-dealer_registered under the Securities Exchange Act of 1934. as
amended; _an investment company registered under the Investment Company

Act of 1940, as amended; an investment advisor registered _under_the

Investment Advisors Act of 1940, as amended: or an insurance company

registered under any federal or state insurance agency.

“$.—‘Secretary” means the Secretary of the Interior of the United

States.

“M.—“Tribal Gaming Agency” or “TGA” means the administrative

department within the Tribal government responsible for day-to-day
regulation of the Tribe’s gaming operation(s), including the issuance of all
gaming licenses and the authority to enforce compliance with this eOrdinance
and all applicable federal laws related to tribal gaming.

“E.—“Tribal Gaming Agency Director” or “TGA Director” or
“Director” means the head of the Tribal Gaming Agency charged with overall
supervisory and administrative responsibility for directing the Tribe’s gaming
licensing program; for monitoring the Facilitieys’s compliance with the
Indian Gaming Regulatory Act; and for general enforcement of this gaming

eOrdinance and all regulations issued in relation hereto.

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QuaPAw TRIBE OF OKLAHOMA

.O. Box 765 : (918) 542-1853
duapaw, OK 74363-0765 FAX (918) 542-4694

CERTIFICATION

The foregoing resolution of the Quapaw Tribal Business Committee was presented and duly
adopted through a telephone/electronic poll conducted: on September 28, 2009, with -a vote

reflecting 7 yes, 0 no, 0 abstaining, and 0 absent.
or

fathews, Vice-Chairman
Quapaw Tribal Business Committee

Quapaw Bus. Com. Res. No. 092809-A.


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review shall be limited to the record that _was before the Tribal Gaming
Commission at the time of the final decision or action appealed from,

including: (a) the order or decision involved; (b) any findings or reports on

which such order is based: (c) the notices, pleadings, evidence, and other

materials placed into the record before the administrative hearing officer; (d)

any transcriptions made of any hearings; and (e) any other materials entered

into the record by the hearing officer. administrative record of its decision.

“2. The Tribal Court shall afford deference, as appropriate, to the

expertise of the administrative agency, and shall not set aside, modify, or

remand any action or decision or action except upon a finding that such

decision, action, or inaction was:

“a. Arbitrary and capricious, an abuse of discretion. or otherwise not

in accordance with law:

“b. Contrary to Tribal law or other applicable controlling law:

“c. In excess of statutory jurisdiction, authority. or limitation or

short of statutory right:

“d. Without observance of procedure required by law: or

“e. Unsupported by a preponderance of the evidence in a case

reviewed on the record.

“3. The Tribal Court may remand any matter to the Tribal Gaming
Commission or Tribal Gaming Agency for further proceedings, as warranted

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accordance with the policies and procedures established by the TGA.

“B. Annual-License Fees

Clas:

HAM TE

sp 45

“or

to-be-vsed-in-a- Tribal " 2th shall-bi
game! used ie ps nall-be
lid -f dof. year-and-shall-h Hi £$500.00
4.— Class “D” Li A-class“D” license -may paed-fe tk



QuaPAw TRIBE OF OKLAHOMA

.O. Box 765 (918) 542-1853
duapaw, OK 74363-0765 FAX (918) 542.4694

RESOLUTION No. 092809-A

ARESOLUTION ADOPTING A TECHNICAL CORRECTION TO THE
PENDING AMENDMENTS TO THE QUAPAW TRIBAL GAMING
ORDINANCE

WHEREAS, the Quapaw Tribe of Oklahoma is a federally recognized Indian Tribe and is
governed by a Governing Resolution adopted by the. Quapaw Indian Council.on August 19,
1956, and approved by the Commissioner of Indian Affairs on September 20, 1957; and

WHEREAS, the Quapaw Tribe asserts tribal -governméntal jurisdiction to the fullest extent
recognized by law over, the lands within the original Quapaw Reservation, as established as a
homeland for the Quapaw Nation by the Treaty of May 13, 1833; and

WHEREAS, the: Governing Resolution delegates authority to the Quapaw Tribal Business
Committee to speak and act.on the behalf of the Quapaw:Tribe; and

WHEREAS, the Quapaw Tribal Business Committee is thus empowered and obligated to
transact Tribal businiess, including but not limited to ‘adopting laws relating to the regulation. of
gaming;: and

WHEREAS, by Resolution No. 082709-B (the “Resolution”)-thé Tribal Business Committee
adopted’ amendments. to the Tribal Gaming Ordinance. (the Amendments”), which
Amendments are under: consideration for approval by. the Chairman of the National Indian
Gaming Commission (the “NIGC”); and

WHEREAS, the Tribal Business Committee desires-to make a ‘eidinicsl correction to the
pending Amendments to facilitate their approval by the Chairman of the NIGC; namely, in the
new definition of “Indian Lands,” located at'lines 13 and 14 on page 9 of the Resolution, the
“(A)” at the end of the statutory citation shall be deleted, so that the corrected citation reads:
“25 ULS.C; § 2703(4).”

NOW, THEREFORE. BE IT RESOLVED THAT. the technical correction as set forth

herein is hereby approved, and shall be enacted’ as the law of the. Tribe as if included in the
Resolution as originally adopted;

BE IT FURTHER RESOLVED THAT the technical cotrection approved herein shall take
effect immediately upon the certification of this resolution, and that a certified copy of this
resolution shall be transmitted forthwith by the General Counsel: of the Tribe to the NIGC for
consideration by the Chairman of the NIGC along with the Resolution.

[Certification follows on the next page.]


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for the delivery of goods or services to a gaming facility, when such contract

fails to provide for or result in the delivery of goods or services of less than

fair value for the payment made or contemplated;

“8. Concealing, altering, defacing, or destroying any records.

documents, information, or_materials of any kind, including, but not limited
to, photographs, audio recordings. or video tapes:

“9. Offering or attempting to offer anything of value, to a licensee in

an_act that is an attempt to induce, or may be perceived as an attempt to

induce, the licensee to act or refrain from acting in a manner contrary to the

official duties of the licensee under Quapaw Tribal law: and

“10. Acceptance by a licensee of anything of value with the

expectation that receipt of such thing of value is intended, or may be perceived

as intended, to induce the licensee to act or refrain from acting, in a manner

contrary to the official duties of the licensee under Quapaw Tribal law.

“L. Unlawful Diversion of Tribal Gaming Revenue

“Tt shall be a substantial violation of this Ordinance for any person or

entity to divert gaming revenue for any unauthorized purpose of any kind.

“M. Impeding a Tribal Investigation
“Tt shall be a substantial violation of this Ordinance for any person or

entity to impede a Tribal investigation, including by:

“1. Lying to or otherwise providing false or misleading information

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recovered except as against the Gaming Operation’s public liability insurance
policy.

“2. A claimant’s failure to file a tort claim or prize claim_in
accordance with the requirements of this subsection and in accordance with all
applicable requirements of any compact in effect between the Tribe and the
State of Oklahoma relating to the Gaming Operation shall constitute a waiver
of all rights of appeal, and further shall deprive the Tribal Court of jurisdiction

over the claim.

“3.__A claimant's failure to file a tort claim within one (1) year of the

date of the alleged injury shall deprive the Tribal Court of jurisdiction over the

matter and forever bar such tort claim against the Gaming Operation.

“4. ___The Tribal Court shall have no jurisdiction or authority to award

any damages from the assets or property of the Gaming Operation or the

Tribe.

“3.___Nothing herein shall be construed as a waiver of the sovereign

immunity from unconsented_suit_of the Gaming Operation or the Tribe:

provided, however, no Gaming Operation shall assert its immunity from

unconsented suit as a defense to any claim for personal injury or property
damage filed hereunder in the Tribal Court if the amount claimed does not

exceed the limits of the Gaming Operation’s public liability insurance and the

claim is otherwise asserted in accordance with the procedures set forth in this

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following language:

“§ 16. _ Regulation of Qualified Gaming Financiers
“A. Licensing of Qualified Gaming Financiers

“Any Qualified Gaming Financier may be licensed as a gaming-related

vendor under this Ordinance upon receipt by the TGA of an application in the
form required by the TGA, and upon payment of the required licensing fee, if
any.

“B. Standards and Procedures

“The TGA shall promulgate standards and procedures for the issuance

of _a Qualified Gaming Financier license consistent with this Ordinance.

subject to the approval of the Commission.

“C.__ Scope of License

“1, A license granted to a Qualified Gaming Financier shall

constitute _a license to the named applicant only and shall be effective only

with respect to such applicant’s activities as a Gaming Financier, and those

activities necessary or incidental thereto, and no other activity which would

otherwise cause the applicant to constitute a gaming-related vendor.

“2. Notwithstanding anything to the contrary in this Ordinance.

none of the following persons or entities, solely in their capacity as such, shall

be deemed to be a Gaming Financier or a Gaming Related Vendor subject to

licensing under this Ordinance: (a) any person or entity holding any debt

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“5. Floor manager;

“6. Dealer;

“7, Custodian of gambling devices including persons with access to
cash and accounting records within such devices;

“8. Pit bosses;

“9.  Croupier;

“10. Approver of credit; and

“11. If not otherwise included, any other person whose total cash
compensation is in excess of $50,000 per years.

“L.——“‘Licensee” means any person or entity holding a valid and
current license pursuant to the provisions of this Gaming Ordinance.

“Management Contract” means any contract, subcontract, or
collateral agreement between Tribe and a contractor or between a contractor
and a subcontractor if such contract or agreement provides for the
management of all or part of a gaming operation.

“Q.—*“Net Revenue” means the gross gaming revenue of Indian
gaming activity less amounts paid out as, or paid for, prizes and total gaming-
related operating expenses, excluding management fees.

“P.——“NIGC” means the National Indian Gaming Commission.

“4—“‘Non-Gaming Vendor” means any person or business entity that

provides nonessential goods or services that are not directly related to gaming.

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“R.—“Primary Management Official” or “PMO” means

“1. The person having management responsibility for a management
contract;
“2. Any person who has authority:
a. To hire and fire employees;
b. To set up working policy for the gGaming eOperation;
€F

“3. The officers, directors, or members of any Tribal governmental

instrumentality or other Tribal entity that is established to operate, manage, or
direct the Tribe’s Gaming Operations.

“43. The chief financial officer or other person who has financial
management responsibility.

“ “Qualified Gaming Financier” means any Gaming Financier that is: a

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