NCA 03-177

CLASSIFICATION: #21. Gaming

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING THE GAMING CODE, NCA

01-183, TO ADD A NEW §1108-A, REGARDING BANNING INDIVIDUALS FROM

GAMING FACILITIES

SECTION ONE. AMENCMENT NCA 01-183, is hereby amended to add a new § 1108-A,

which shall read as follows:

Section 1108-A. Banishment.

A. Temporary Banishment Notice by General Manager or Authorized Security

Personnel. The General Manager of any Muscogee (Creek) Nation gaming facility,

including a gaming facility operated by a chartered Indian community or an authorized

Security personnel of such a facility, may issue a temporary banishment notice prohibiting

a person from entering any Muscogee (Creek) Nation gaming facility for a period not to

exceed thirty (30) days. Said notice of temporary banishment may be served on any

person, including a terminated gaming facility employee, who; (I) the General Manager or

authorized Security personnel determines to be an immediate threat to the safety or

economic welfare of the Nations employees, patrons or facilities, (ii) is observed to violate

any provision of this Code or Office of Public Gaming regulation at that facility, (iii) is

observed to violate tribal, state or federal law at that facility, or (iv) is known to have been

judicially or administratively determined to have violated any tribal, state or federal law

while at any gaming facility, regardless of where located. A temporary banishment notice

shall be served by providing a written notice stating the reason for the temporary

banishment, the length~of time of said temporary banishment and the persons right to a

hearing before the Gaming Commissioner prior to the expiration of the temporary

banishment order. The, notice of temporary banishment shall be effective when delivered

personally or by certified mail to the last known address of the subject of the temporary

banishment notice. Acopy of the notice of temporary banishment shall be delivered

personally, by regular mail, electronic mail or by

facsimile transmission to all Muscogee (Creek) Nation gaming facilities, including gaming

facilities operated by chartered Indian communities and to the Gaming Commissioner

within 48 hours of issuance.

I hereby certify that I am the designated, Secretary of the National

Council of the Muscogec (Creek) Nation. I further certify that this

document is a true and correct copy of the original Law NCA O3-~ 77

Executed the 29~ day of December, 2003

cc of the nal Council
Page 2 of 3

NCA 03-1 77

B. Gaming Commissioner Authority. Gaming Commissioner is authorized to issue

a final banishment order~ only after all conditions and requirements of sub-section C of this

section 1108-A have been met, in either of the following circumstances:

1. The Gaming Commissioner is authorized to issue a final banishment order in appeal

proceedings by the subject of a temporary banishment notice issued by the General

Manager or Security personnel of a gaming facility pursuant to subsection A of this section

after affording a hearing to the appealing party in accordance with subsection C of this

section.

2. The Gaming Commissioner is also authorized to issue a final banishment order based

on information obtained subsequent to delivery to the person a notice of temporary

banishment stating the ~ reason for the temporary banishment, the length of time of said

temporary banishment and the persons right to a hearing before the Gaming

Commissioner prior to the expiration of the temporary banishment order; provided that a

temporary banishment~~ order issued by the Gaming Commissioner shall be effective

immediately and shall be served personally or sent by certified mail to the last known

address of the subject of the temporary banishment notice.

C. Final Banishment Order by the Gaming Commissioner. The Gaming

Commissioner may issue a final order banishing from the Nations gaming facilities for a

period not to exceed five (5) years to any person who the Commissioner determines: (i)

is a potential threat to the safety or economic welfare of the Nations employees, patrons

or facilities, (ii) has violated any provision of this Code or Office of Public Gaming

regulations, (iii) has violated tribal, state or federal law while at any of the Nations gaming

facilities or (iv) has been judicially or administratively determined to have violated any tribal,

state or federal law while at any gaming facility, regardless of where located. The Gaming

Commissioner may issue a final banishment order only after notice of hearing is served on

the person stating that if the person fails to appear and show cause why a final banishment

order should not be issued, then a final banishment order may be issued without right of

judicial review. The Gaming Commissioners final banishment order shall state specifically

the reason for the banishment, the length of time of the banishment and the persons right,

if any, to appeal the Gaming Commissioners banishment order to the District Court in

accordance with the procedural requirements of section 1110 of this Code. The final

banishment order shall be served personally or sent by certified mail to the last known

address of the subject of the banishment order.

D. Enforcement of Temporary Banishment Notice and Final Banishment Order.

Temporary banishment notices may be enforced as criminal trespasses pursuant to the

Nations Criminal Code. Final banishment orders may be enforced by the Gaming

Commissioner in accdrdance with any applicable provisions of this Code or as criminal

trespasses pursuant to the Nations Criminal Code.
Page 3 of 3

NCA 03-1 77

ENACTED by the Muscogee (Creek) National Council on this ~day of December 2003

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

National Council

Muscogee (Creek) Nation

CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council comprised of twenty-six members with Twenty-one

members attending this meeting on the ~day of December 2003 and that the above

is in conformity with the provisions therein adopted by a vote of ~Q in favor, ~ against, 0

abstentions, and that said Law has not been rescinded or amended in any way and the

above is the signature of the Speaker of the National Council.

~Q444 ~%

J n er Edw rds, Acting Recording Secretary

Muscogee (Creek) National Council

APPROVAL

I, the Principal CJiief of the Muscogee (Creek) Nation, hereby affix my signature this

~day of .-

, 2003, to the above Law, NCA 03-177, authorizing itto become

a Law under Article Vl.,Section VI., of the Constitution of the Muscogee (Creek) Nation.

A. Perry Beavo~, Principal Chief

Muscogee (Creek) Nation