- 

w b 

AL 

OMM ISSION 

Wanda Stone, Chairperson 

Kaw Nation 

Drawer 50 

Kaw City, Oklahoma 

Dear Chairperson S 

This letter respon your request to review and approve the 

tribal gaming ordirbance submitted on September 27, 1993, for the 

Kaw Nation (the Naypion). n his letter constitutes such approval 

under the Indian G ming Regulatory Act (IGRA) . 

Under the IGRA and the regulations of the National Indian ~aming 

Commission (NIGC) , the Chairman is directed to review ordinances 

with respect to th requirements of the IGRA and the implementing 

regulations. Thus the scope of the Chairman's review and 

approval is limitel to the requirements of the IGRA and the NIGC 

regulations. ~rovisions other than those required under the IGRA 

or the NIGC regulations that may be included in a tribal 

ordinance are not $ubject to review and approval. Also, such 

approval does not konstitute approval of specific games. 

It is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairmanf(; approval of the Nation's gaming ordinance, 

the Nation is now kequired to conduct background investigations 

on its key employe/=s and primary management officials. The NIGC 

expects to receive a completed application for each key employee 

and primary managepent official pursuant to 25 C.F.R. § 556.5(a) 

and an investigatiive report on each background investigation 

before issuing a 1,icense to a key employee or primary management 

official pursuant to 25 C.F.R. § 556.5(b). 

Thank you for subm/itting the ordinance of the Kaw Nation for 

review and approv . The NIGC staff and I look forward to 

working with you d the Nation in implementing the IGRA. 

Sincerely yours, 

Anthony J. Hope 

Anthony J. Hope 

Chairman 

WRITER' 

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- 1850 M STREET N W SUITE 250 WASHINGTON DC 20036 TEL 202 632 7003 FAX 202 632 7066 
KAW NATION OF OKLAHOMA 

RESOLUTION NO. 93-58 

A RESOLUTION TO APPROVE AND ADOPT THE KAW NATION 

BINGO ORDINANCE OF 1993 AND REPEAL PRIOR GAMING 

ORDINANCES 

WHEREAS, the Kaw Nation of Oklahoma is federally recognized by the Secretaiy of 

the United States Department of Interior, as evidenced by an approved 

Constitution adopted and ratified on August 14, 1990, and 

WHEREAS, the Kaw Nation Executive Council is the governing body of the Kaw 

Nation of Oklahoma, and 

WHEREAS, the Kaw Nation Executive Council is delegated with the responsibility 

and the.obligation of. (I) Providing for the health, safety, education, 

economic development, and wetfare of its members. (2) Providing for 

the maintenance of tribally owned property, and (3) Serving as 

custodian and manager of Tribal owned property located within the 

jurisdictbn of the Kaw Nation, and 

WHEREAS, the lndian Gaming Regulatory Act ' and the National lndian Gaming 

Commission require the Kaw Nation to develop an ordinance for Class II 

gaming as defined in the Act and in the Federal Register, and 

WHEREAS, the Kaw Nation's Bingo Board and tribal attorney has reviewed, revised 

and recommended for approval an ordinance that has been compared 

and cross-referenced with the Model Ordinance prepared by the 

National 'lndian Gaming Commission. 

NOW, THEREFORE BE IT RESOLVED, that the Kaw Nation Executive Council 

approves and adopts thk Bingo Ordinance of 1 993 

BE IT FURTHER RESOLVED, that the Kaw Nation Executive Council will 

immediately implement the ordinance and directs the Chairperson or designee to 

submit the Blngo Ordinance to the National lndian Gaming Commission for approval 
BINGO ORDINANCE OF'I 993 

PAGE 2 BINGRORD 

BE IT FINALLY RESOLVED, that the Kaw Nation Executive Council hereby, to the 

extent they are inconsistent with the Bingo Ordinance of 1993, repeals all prior gaming 

ordinances. 

CERTIFICATION 

I, Wanda Stone, Chairperson of the Kaw Nation Executive Committee, do hereby 

certify that said resolution was approved and adopted on C,H.L/.'~)\~ , 1993 as 

an official ac by quorum vote of the Kaw Nation Executive Committee and that the 

vote was; 4 for; & against: 4 abstentions; and & abrenr 

Wanda Stone, Chairperson 

ATTEST: 
KAW NATION 

BINGO ORDINANCE OF 1993 
KAW BINGO ORDINANCE OF 1993 Page 

Section 1 . Scope ............................................ 1 

Sect ion 2 . Purpose ........................................... 1 

Section 3 . Definitions ........................................ 1 

CHAPTER ONE . GENERAL PROVISIOLJS ........................................ 8 

Section 101 . Section 102 . Section 103 . Section 104 . Section 105 . Section 106 . Section 107 . Section 108 . Section 109 . Section 110 . Section 111 . Section 112 . Section 113 . Section 114 . Section 115 . - 

Section 197 . Section 198 . Section 199 . 

Binao Prohibited-Exceptions ......................... 8 

Limitations on Hirinq of Emplovees .................. 8 

Implied Consent for Audits and Reviews .............. 18 

Annual Audits ....................................... 18 

Environmental Protections ........................... 19 

Allowable Charaes ................................... 19 

Public Notice of Prizes. Charaes. and Rules ......... 19 

Intoxicatina Beveraae Prohibited .................... 19 

Age Restrictions .................................... 19 

Discrimination Prohibited ........................... 20 

Indian Preference Required .......................... 20 

Civil Penalties ..................................... 20 

Criminal Penalties .................................. 20 

Requirements to Receive a Prize ..................... 20 

196 . Reserved ...................................... 20 

Severabilitv ...................................... 21 

Effective Date ...................................... 21 

Citation ............................................ 21 

CHAPTER . BINGO BOARD ............................................... 22 

Section 201 . Section 202 . Section 203 . Section 204 . Section 205 . Section 206 . Section 207 . Section 208 . Section 209 . Section 210 . Section 211 . Binao Board Defined ................................. 22 

Powers of the Binao Board ........................... 22 

Reports ............................................ 23 

Binao Board Staffinq ................................ 24 

Board Access to Information ......................... 25 

Board Distribution of Information ................... 25 

Assessment of Fees .................................. 25 

Judicial Review ..................................... 25 

Subpoena and Deposition Authority ................... 26 

Referrals for Prosecution ........................... 27 

Authorization for Appropriations .................... 27 

U3APTKR THREE . LICENSING REQUIREHKNTS .................................. 28 

Section 301 . Section 302 . Section 303 . Section 304 . Section 305 . Section 306 . Section 307 . Section 308 . Tvpes of Licenses to be Issued ...................... 28 

License Fees ........................................ 28 

Consolidation of License Hearinas ................... 29 

Hearina Procedure ................................... 29 

License Applications ............................... 29 

Manner of Filina Instruments With Board ............. 33 

Issuance of Instruments by Board .................... 33 

Investiaation of License Application ................ 33 
Section 309 . Determination for Licensing ......................... 37 

Section 310 . Suspension and Revocation of Licenses ............... 37 

Section 311 . Persons not Eliaible for Licensinq .................. 38 

Section 312 . Term of Licenses .................................... 38 

Section 313 . Renewals ........................................... 39 

CaAPTER POUR . TRIBAL BINGO ............................................. 40 

Section 401 . Section 401 . Section 403 . Section 404 . Section 405 . Section 406 . Section 407 . Section 408 . Section 409 . Section 410 . Section 412 . Section 413 . Section 414 . Section 415 . Section 416 . Section 417 . Section 418 . Section 419 . Establishment of Binao O~erationls) ................. 40 

Commendina O~erations ............................... 40 

Tribe to be Sole Proprietor ......................... 40 

Use of Net Revenue .................................. 40 

Administration ...................................... 41 

Desianation of the Binao Manaaer .................... 41 

Powers and Miscellaneous Provisions ................. 41 

Duties of the Binao Manaaer ......................... 43 

Supplies and Equipment .............................. 44 

Location of Binao Sessions .......................... 44 

Report of Winners ................................... 44 

Report of Recei~ts and Disbursements ................ 44 

Verification of Report .............................. 44 

Time for Submission of Reports ...................... 45 

Deposit of Binso Monies ............................. 45 

No Tribal Liability ................................. 45 

A~~ropriations for Binao Operation .................. 45 

Employee Grievances ................................. 45 

CHAPTER FIVE . XANAGEHENT CONTRACTS ..................................... 46 

Section 501 . Appointment of Contractor ........................... 46 

Section 502 . Duties of the Contractor ............................ 46 

Section 503 . Rewirements for Manaaement Contracts ............... 46 

Section 504 . Licensina Rewired .................................. 47 

Section 505 . License Locations ................................... 47 

CEAPTKR SIX . NONPROFIT BINGO ........................................... 48 

Section 601 . Section 602 . 

Section 603 . 

Section 604 . Section 605 . Section 606 . Section 607 . Section 608 . 

Section 609 . Section 610 . Section 611 . Section 612 . 

Licensina of Certain Nonprofit Oraanizations ........ 48 

License Not to be Leased or Assianed--Persons ....... 48 

Sellinu Concessions to Obtain Sales Tax Permit 

Ap~lication for License..Form..Information .......... 48 

Rewired~~Fees~~Renewals~~Protests~~Lease. 

Assianment or Sale of License Prohibited.. Felons 

Annual Report..Contents.. Other Reports .............. 50 

License Fees Not Reauired for Limited Activity ...... 51 

Revocation of License ............................... 51 

Limitation on Applicants ............................ 51 

Payment of Commissions. Salaries. etc . Prohibited ... 51 

Except ion 

Fair and Reasonable Rental for Premises ............. 52 

Sunday Binao Prohibited.. Hours ...................... 52 

Limitation on Sessions and Prizes ................... 52 

Intoxicatina and Non-intoxicatina Beveraaes ......... 52 

Prohibited 
Section 613 . License Remired.. Admission Charaes ................. 52 

Section 614 . Minors ........................................... 53 

Section 615 . Discrimination Prohibited ........................... 53 

Section 616 . Penalties ......................................... 53 

Section 617 . Addition Licensina Remirements im~osed by the Act .. 53 

Section 700 . Repeal ............................................. 54 
BINGO ORDINANCE OF 1993 

Section 1. Sco~e 

This Title sh,all apply to all games of in go conducted within 

the territorial jurisdiction of the Tribe in which a prize is 

offered or awarded to any participant or in which a participant is 

required or requested to provide any legal consideration in order 

to participate, whether in person or by agent. 

Section 2. Purpose 

This Title is intended to promote the peace, safety and 

welfare of all persons coming within the jurisdiction of the Tribe 

by insuring that any game of Bingo conducted within the tribal 

jurisdiction is conducted in a fair and responsible manner, by 

providing a safe and wholesome means of recreational activity in a 

community setting, by ensuring that the public order, peace, and 

safety be maintained, and by providing a source of revenue for the 

Tribal Government. This Title shall be liberally, construed to 

promote such purposes. 

section 3. Definitions 

As used in this Title, unless the context clearly indicates 

that a different meaning is intended, the term: 

A. "Acttt means the Indian Gaming Regulatory Act of 1988, P.L. 

100-497 [S.555], 102 Stat. 2467, October 17, 1988, to be codified 

at 25 U.S.C. 2701 et. seq. 

B. I1Attorney General" means the Attorney General of the 

United States. 

C. llAgreementtl means a Bingo Management Contract in which a 

contract is entered into with an outside person or entity, not a 

regular employee of the Tribe, to manage and operate a tribal Bingo 

Operation at a Bingo Facility on a specified Bingo Site. 

D. "Bingo Facilityn means a building or buildings for the 

operation of Bingo Games, including access roads, parking lot, 

outside lighting, water and sewer facilities, electrical 

facilities, heating and air conditioning equipment, and any other 

improvements reasonable and necessary to a facility for the 

operation of Bingo Games. 

E. "Bingo GamesN means: 

1. games of chance commonly known in the trade as nbingofl 

(whether or not electronic, computer, or other technologic 

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 when objects, similarly numbered or 

designated, 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 at the Bingo Facility) pull-tabs, 

lotto, punch boards, tip jars, instant bingo, and other 

games similar to bingo, and approves the use (within the 

civil regulatory and criminal prohibitory jurisdiction of the 

Kaw Nation) of electronic, computer, or other technological 

aids to enhance and increase the security, accountability, and 

integrity of bingo, pull tabs, lotto, punch boards, tip jars, 

instant bingo, and other games similar to bingo and provide 

for increased accessibility for players that have poor 

eyesight and/or other physical handicaps. 

2. 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 

of Oklahoma, but only if such card games are played in 

conformity with those laws and regulations (if any) of the 

State of Oklahoma regarding hours or periods of operation 

of such card games or limitation on wagers or pot sizes in 

such card games. 

3. The following are not included within the definition of 

the term "Bingo Gamestt: any banking card games, including 

baccarat, chemin de fer, blackjack (commonly known as 21), or 

electronic or electro-mechanical facsimiles of any game of 

chance or slot machines of any kind. 

F. ItBingo Sitett or ttSitett means the real estate upon which is 

located the Bingo Facility. 

G. ItBingo OperationI1 means the business, created by this 

Ordinance, of providing entertainment and amusement through the 

playing of Bingo Games at a Bingo Facility owned and licensed by 

the Tribe. 

H. tlChairmantt means the Chairman of the National Indian 

Gaming Commission. Until the Commission is organized and 

prescribes regulations, the term Itchairman" as used in this Title 
or any Agreement shall mean the Secretary of the United States 

Department of the Interior or his authorized representative. 

I. wCommissionu means the National Indian Gaming omm mission 

established pursuant to section 5 of the Act. 

J. v~Concessions~ means all soft drinks, food, novelty items, 

and bingo paraphernalia sold at the Bingo Facility. 

K. llContractorft means a person or entity (other than the 

Tribe) who is party to an Agreement having responsibility for the 

Management of a particular Bingo operation on a particular Bingo 

Site. 

L. flCouncilfl means the Executive Council of the Tribe. 

M. "Courtw means the Courts of the Tribe. 

N. "Criminal Investigat~r~~ means the criminal investigator 

assignedto the Bureau of Indian Affairs Agency having jurisdiction 

over the land of the Tribe, or, in his absence, the Superintendent. 

0. glEquipmentlg means all gaming, office, concession, and 

maintenance equipment necessaryto the operation of Bingo Games and 

the Bingo Facility. 

P. I1Equipment Costsu as to any item of Equipment or period of 

time, means the lowest cost at which Bingo Equipment may be 

acquired. 

Q. "Facilities Costsw as to the Bingo Facility or any period 

of time, means the cost of acquiring a Bingo Site and establishing 

thereon a Bingo Facility. 

R. llGross Receiptsv1 means, as to any period, all income 

(calculated on a cash basis) derived, produced, or created in any 

manner whatsoever related to or as a result of business done, sales 

made and services rendered at, in, about, from, or upon the Bingo 

Site during such period by the Contractor and its affiliates, 

whether individuals, corporations, partnerships, firms, or other 

business entities and shall further include income to the 

Contractor hereunder produced or derived from the subleasing, subrenting, permitting, contracting, or other authorized use of the 

Bingo Site or Bingo Facility by individuals, partnerships, 

corporations, firms, or other business entities, at the fair annual 

rental value of each part or portion of the premises so subleased, 

sub-rented, permitted, or otherwise contracted for use in 

accordance with an Agreement, the lease of the Bingo Site granted 

to Contractor, and this Title; provided however, that all sales 

made on credit shal'l be treated as "gross receipts" as of the date 

the sale is made. Further, the term ftgross receipts" shall include 

all money and other things of value received by or paid to 
Contractor, or to others for Contractor's use or benefit including 

specifically the face value of all checks or drafts returned to 

Contractor unpaid, for any reason, and all credit extended by 

Contractor in connection with the business conducted by Contractor, 

directly, or indirectly, on or from the foregoing, the sale of all 

merchandise, of whatever kind or character, and all services 

performed by Contractor, or anyone working for Contractor, for 

which payment is received. The term 'Igross receiptsw shall not 

include, however, any sums collected and paid out for any sales or 

excise tax imposed by any duly constituted governmental taxing 

authority where such tax is billed to the purchaser as a separate 

item. It shall not include the exchange of merchandise between the 

stores, if any, of Contractor or subcontractor where such exchanges 

of goods or merchandise are made solely for the convenient 

operation of the business of Contractor or subcontractor and not 

for the purpose of consummating a sale which has theretofore been 

made at, in, for, or upon the Bingo Site or Bingo Facility. Said 

term shall not include sales of fixtures not in the regular course 

of business, but shall include similar sums collected by an Owner, 

Operator, or Manager when the Bingo Games are being conducted by 

such persons. 

S. "Key Employeew means: 

a. A person who performs 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 

(5) Floor Manager 

(6) Pit boss 

(7) Dealer 

(8) Croupier 

(9) Approver of credit; or 

(10) Custodian of gaming devices including persons 

with access to cash and accounting records 

within such devices 

(11) A relative of a Primary Management official 

of contractor 

(12) A person who supervises directly or indirectly 

5 or more employees of the Bingo Operation 

b. If not otherwise included, any other person whose 

total cash compensation is in excess of $20,000 per 

year; or 

c. If not otherwise included, the five most highly 

compensated persons in the gaming operation. 

T. "Loanw means the non-recourse loan or loans made by the 

Contractor, or others at his request, to the Bingo Operation for 
the purpose of acquisition, improvement, or operation of the Site 

and Bingo Facility. The exclusive source for the repayment of all 

such loans shall be the Revenues of the Bingo Games conducted at 

the Bingo Facility, without recourse against the Tribe or its 

officers, agencies, other businesses, if any, or employees in the 

event that the Revenue of the Bingo Operation is insufficient to 

repay the principal and/or interest of said loans, in which event, 

the loan or loans shall be deemed forgiven and no right of action 

shall exist in any Court as against the Tribe, its officers, 

agencies, other businesses, or employees for the repayment of such 

loans and/or any interest thereon, and Contractor shall hold the 

Tribe harmless in such regard. 

U. "Managern means an individual person hired by the Tribe as 

a regular employee of the Tribe with overall management 

responsibility for a Bingo Operation. 

V. "Operating Costsw as to any period of time, means all 

reasonable and necessary costs (calculated on a cash basis) 

incurred in the operation of the~in~o Facility and the conduct of 

Bingo Games, including but not limited to reasonable payroll 

expenses, advertising, security, insurance, applicable taxes, 

utilities, printing, and the costs of goods sold, and excluding 

depreciation of the Bingo Facility and Equipment, amounts paid to 

amortize loans used to construct or acquire the Bingo Facility or 

Equipment, and any management fees. The term ttOperating Costsn 

does not include that portion of payroll payments to Primary 

Management Officials and Key Employees of Contractor in excess of 

$20,000.00 per annum. 

W. llOperator" means a private person who owns and operates a 

bingo operation subject to Tribal law that was operating on 

September 1, 1986, if the Act allows continued gaming by said bingo 

operation. 

X. ltOrdinancen or "Titlett means the Bingo Ordinance of the 

Tribe as now in force or as hereafter amended. 

Y. "Ownert1 means the not-for-profit entity authorized to 

conduct Bingo pursuant to Chapter Four of this Ordinance. 

Z. llPolice Chieftt means the Chief of the Tribal Police 

Department. 

AA. "Primary Management Off icialsll means : 

a. Each person or entity (including individuals comprising 

such entity) having a direct financial interest in, or 

management responsibility for, such contract, and, in the 

case of a corporation, those individuals who serve on the 

board of ,directors of such corporation and every person 

who owns directly or indirectly, either individually or 
by agent, including Relatives, any stock in a corporate 

Contractor or equity interest in the association which is 

the Contractor however those shares be designated, or a 

person having sufficient voting power individually or by 

proxy to elect at least one member to the Board of 

Directors or other managing entity of the Contractor. 

This term also includes all other persons employed by 

Contractor in any capacity, and Relatives of persons who 

are defined as Primary Management Officials by the 

preceding sentences of this paragraph, having five 

percent (5%) or more equity ownership, either 

individually or by agent, including Relatives, in any 

other business entity hired by Contractor or doing any 

business with Contractor with respect to the Agreement 

entered into by said Contractor. 

b. Any person who has authority: 

(1) To hire and fire employees; or 

(2) To set up working policy for the gaming 

operation; or 

c. The chief financial officer or other person who has 

financial management responsibility. 

BB. !!Prize Costsl1 as to any period of time means the total 

amount of all money and property (limited to the actual acquisition 

costs of property prizes) given away as prizes to bona fide 

participants of Bingo Games played in the Bingo Facility at the 

Bingo Site. 

CC. "Relativew means an individual related to the referenced 

person as a father, mother, son, daughter, brother, sister, 

husband, wife, father-in-law, mother-in-law, son-in-law, daughterin-law, brother-in-law, sister-in-law, stepfather, stepmother, 

stepson, stepdaughter, stepbrother, stepsister, half-brother, or 

half-sister. 

DD. wRevenuelv means Gross Receipts less Operating Costs, 

Prize Costs, actual payments made to amortize loans for Facility 

Costs, and a percentage of the Equipment Costs appropriate to the 

period for which the Revenue is to be calculated. 

EE. wTitlefl or "this Titlen means the Bingo Ordinance of the 

Tribe as now in force or as hereafter amended. 

FF. !!Tribal Prosecutorn means the Tribal Attorney or other 

chief law enforcement officer of the Tribe. 

GG. tlSuperintendentu means the chief administrative officer 

assignedtothe Bureau of Indian Affairs Agency having jurisdiction 
over the land of the Tribe. 

HH. ''Tribew means the Kaw Tribe of Oklahoma. 
GENERAL PROVISIONS 

Section 101. Binqo Prohibited-Exceptions 

No person shall conduct any game of bingo within the Indian 

Country subject to the jurisdiction of the Tribe, for which a 

charge is made or other consideration requested or required for 

participation, or to the winner of which any prize is awarded, 

provided, that a person licensed pursuant to this Title may conduct 

or operate bingo games pursuant to this Title. 

Section 102. Limitations on Hirinu of Emwlovees 

A. Managers, Contractors, Operators, and Owners licensed to 

conduct Bingo pursuant to this Title shall never allow any of the 

following persons to become an employee of such Manager, 

Contractor, Operator, or Owner, or otherwise receive any salary, 

renumeration, dividend, benefit, or recompense in any manner 

whatsoever, either directly or indirectly as a result of, or due 

to, the Manager, Contractor, Operator, or Owner conducting Bingo 

within the Tribal jurisdiction: 

(a) Any person less than eighteen (18) years of age, 

(b) Any person who has been convicted by any court of 

competent jurisdiction of a felony, a gaming offense, or 

other crime involving moral turpitude, 

(c) Any person who holds any elective office of the Tribe, 

including any member of the Council. 

(d) Any person who is a Relative of any person described in 

subparagraph (c) of this section. 

B. Primary Management Officials, Key Employees, and all other 

Genera1 employees of the Bingo Operation shall be subject to 

Regular, Random and Routine tests, for the abusive or illegal use 

of substances prohibited by Section 108 of this Ordinance in 

accordance with the following: 

(1) Definitions. The following terms and their equivalents 

or derivatives shall have the meaning given, unless a different 

meaning is apparent from the context: 

(a) vvTestw shall mean an examination of the hair, urine, 

and blood (with consent of the employee for the 

extraction of the blood or hair sample), or breath of an 

employee by a Qualified Laboratory by methods generally 

accepted within the scientific community for the presence 

or absence of alcohol or a substance prohibited by 

Section 108 of this Ordinance. 
(b) "Regular Testtf shall mean a Test: 

(i) in which all Primary Management Officials and 

Key Employees are tested at regular or scheduled 

intervals, as determined from time to time by the 

Bingo Board, but without prior notice of the 

specific date of the test, provided, that each 

Primary Management Official and Key Employee shall 

be tested approximately the same number of times 

during any calendar year. 

(ii) in which all employees (other than Primary 

Management Officials and Key Employees) are tested 

without prior notice at a time determined by the 

Bingo Board, provided, that no employee other than 

Primary Management Officials and Key Employees may 

be tested pursuant to this subsection more than 

twice in a calendar year, provided further, that 

the Bingo Board may provide that regular employees 

may be tested in tfbatchesll at various times during 

the calendar year so long as each employee is 

subjected to approximately the same number of 

Routine Tests. 

(c) "Random Test" shall mean a test conducted at random 

by lot wherein a predetermined number of names will be 

drawn for a particular test, the names of all employees 

of the Bingo operation are equally susceptible to being 

drawn for testing from a "jury wheelvf type device in 

which the person(s) drawing the names for testing cannot 

view the names prior to their being removed from the 

drawing pool, and where the employees have no advance 

notice the test will be conducted at any particular time. 

(d) "Routine Test" shall mean a test which is conducted 

as to specific employees, which test shall be ordered by 

the management of the Bingo facility, of the Chairperson 

of the Bingo Board or the Chairperson's designee, when: 

(i) an accident (or unsafe practice which has been 

explicitly prohibited in a writing given to the 

employee) occurs in which human life or limb was 

placed in serious jeopardy, in which a human being 

sustained injuries requiring medical assistance or 

care, or in which damage to property in excess of 

One Hundred Dollars ($100.00) was sustained, and it 

appears that the conduct of the employee(s) to be 

tested may have caused or contributed to the direct 

causal chain of events which resulted in the 

accident. 
(ii) a shortage or unexplained loss or 

disappearance of money or property of the Tribe or 

of others, having a value in excess of Ten Dollars 

($10.00) occurs, and the employee(s) to be tested 

either had (a) custody and control of said money or 

property at the time of its disappearance, or (b) 

access to said money or property without direct 

supervision subsequent to the last time such money 

or property was definitely accounted for. 

(iii) an employee(s) engages in fighting or other 

violent actions, not in the course and line of 

their duty, and it appears that the employee(s) may 

have been the aggressor or may have participated 

willingly in such conduct. 

(iv) by reason of slurred speech, unsteady gait, 

lack of balance when upright, flushing of the face 

or extremities, inability to comprehend and respond 

to normal conversation, the discovery of alcoholic 

beverage containers or paraphernalia associated 

with the use of illegal drugs at about or upon the 

person of such employee or any one or more of said 

factors, a person who is a Primary Management 

Official pursuant to Section 3 (AA) (b) of this 

Ordinance, or a Key Employee pursuant to Section 3 

(S) (a) (2), such person to be presently abusing 

alcohol or using illegal drugs in his presence on 

the grounds of the Bingo facility, and such 

determination is concurred in by any of the listed 

persons senior to the person making the initial 

determination or by a law enforcement officer. 

(v) As part of, or as a follow-up to, counseling 

or rehabilitation for abuse of alcohol or illegal 

drug use through the Tribal social service 

departmentstor agencies to which such employee has 

been referred for treatment. 

(vi) As part of the hiring process prior to the 

employee obtaining permanent status as provided by 

this subsection B. 

(e) "Qualified Laboratoryn means a laboratory operated 

or licensed by the Federal, State, or Tribal Government, 

or within a licensed medical facility, having the 

necessary personnel, equipment, learning, and experience 

to provide accurate, timely, and thorough testing of 

samples submitted to said laboratory for the substances 

referred to in Section 108 of the Ordinance. The 

admission of test results of a particular laboratory for 

the presence or absence of such substances in a state, 
federal, or tribal court in a criminal case, or 

designation of a particular laboratory as Itqualified" by 

the Kaw Executive Council shall be prima facia evidence 

that a particular laboratory is a qualified laboratory. 

Notwithstanding the foregoing, the testing for blood 

alcohol content by a mechanical or electrical "Breathanalyzerw by a qualified technician in a manner 

consistent with the admissibility of such test results in 

the Courts of the Kaw Nation shall be considered as test 

performed by a Qualified Laboratory. 

(f) "Abuse of AlcoholIt means the drinking of alcoholic 

beverages, including beer, ale, wine, spirits, liquor, 

and similar substances to the point of intoxication at 

any place, at any time, the drinking of any alcoholic 

beverage within eight (8) hours prior to reporting for 

duty, the drinking of any alcoholic beverage while on 

duty, or reporting for duty with a blood alcohol content 

sufficient to sustain a conviction for Operating a Motor 

Vehicle While Impaired under the laws of the Kaw Nation 

or the State of Oklahoma, provided, that simple 

possession, use and consumption of alcoholic beverages, 

at places where such possession, use, and consumption are 

legal in accordance with law, and not to the point of 

intoxication shall not be regarded as Abuse of Alcohol. 

(9) ItAbuse of Illegal Drugsn means any use of a 

substance referred to in Section 108 of this Ordinance 

other than alcohol, provided, that use of such substances 

in accordance with the instructions of licensed medical 

practitioners, the use of peyote in accordance with the 

ceremonies and practices of the Native American Church 

shall not be construed to be abuse of illegal drugs, even 

though such use may compel management to place a person 

who cannot adequately perform their assigned duties due 

to such use on leave or to take other authorized employee 

action pursuant to the Personnel Policies of the Kaw 

Nation. 

(h) ttEmployment Assistance Programtt means the alcohol 

abuse and illegal drug use prevention program established 

by the Bingo Operation pursuant to subsection 

(3) of this Section. 

(i) ttVoluntary Treatment Programl1 means a treatment 

program established as a portion of the Employee 

Assistance Program for those employees who, prior to 

being detected as an alcohol abuser or user of illegal 

drugs by test or observation, volunteers for treatment 

for the abuse of alcohol or the use of illegal drugs, and 

where the employee may discontinue participation at any 

time without adverse personnel action by reason of such 
discontinuance. 

(j) "Mandatory Treatment Program" means a treatment 

program' established as a portion of the Employee 

Assistance Program for those employees who have been 

detected as an alcohol abuser or user of illegal drugs, 

confirmed by testing, where the employee may not 

discontinue participation without the approval of the 

medical or professional personnel responsible for 

treatment of the employee without suffering adverse 

personnel action. 

(2) Statement of Policv. The Kaw Nation requires all its 

employees to refrain from the abuse of alcohol and the use of 

illegal drugs whether on or off duty. Persons who abuse 

alcohol or use illegal drugs are not suited to employment by 

the Kaw Nation, and are particularly not suited for employment 

at a Kaw Bingo Operation due to the sensitive nature of the 

Bingo Operation and the necessity of avoiding even the 

appearance of impropriety in the conduct of the Bingo 

Operation. 

(3) Em~lovee Assistance Proaram. The management of the Bingo 

Operation shall establish an Employee Assistance Program 

consisting of' regular and substantial direction, education, 

counseling, and referral to rehabilitation and treatment 

programs for alcohol abuse and use of illegal drugs in 

consultation with tribal, state, and federal agencies which 

may provide assistance in such matters. 

(4) Testins of Newlv Hired Em~lovees. All newly hired 

employees, including Primary Management Officials pursuant to 

Section 3 (AA)(b) and (c) of this Ordinance, and Key 

Employees, shall be subject, and in any case shall submit to 

one routine test pursuant to subsection (1) (d) (vi) of this 

Section at a time determined by their supervisor prior to 

being placed on permanent status, and in any case within the 

first three months of their employment. Any newly hired 

employee who refuses to submit to such routine test shall be 

promptly terminated from employment. The results of such 

routine testing shall be transmitted to the Bingo Board within 

ten (10) days after their receipt by management. 

(5) Testina of Permanent Emplovees. Permanent employees, 

including Primary Management Officials pursuant to Section 3 

(AA) (b) and (c) of this Ordinance, and Key Employees, shall be 

subject to regular testing, random testing, and routine 

testing, pursuant to subsection (1) (b), (c) , and (d) of this 

Section at a time and in the manner determined by the Bingo 

Board in accordance with the provisions of this Section, 

provided that blood or hair tests may not be used without the 

voluntary consent of the employee. Any permanent employee who 
refuses to submit to such test shall be promptly terminated 

from employment. The results of such test shall be 

transmitted to the Bingo Board within ten (10) days after 

their receipt by management. 

(6) Rishts of Em~lovees. Employees shall have the following 

rights with respect to the testing required by this Section: 

(a) Upon written request, the employee shall have a right to 

receive a copy of any records relating to such employee's 

test including chain-of-custodydocumentation,a nd/or any 

records relating to the results of any relevant 

certification, review, or revocation-of-certification 

proceedings concerning the qualifications of the 

laboratory which conducted the test on the same received 

from the employee. 

(b) To have the results of the employee's test held in strict 

confidence by all those entitled to review the same, and 

to not have such results disclosed to any person by one 

having knowledge of those results unless the disclosure 

would be to: 

(i) A professional involved in the treatment of such 

employee pursuant to the Employee Assistance Program 

required by this Section, a Voluntary Treatment Program 

entered by the employee, or a Mandatory Treatment Program 

in which the employee is enrolled. 

(ii) The Bingo Board for use in its licensing 

determinations. 

(iii) To the supervisory or management official (s) having 

authority to take adverse personnel action against such 

employee. 

(iv) To any Court of competent jurisdiction where 

required by type Government of the Kaw Nation to defend 

against any adverse personnel action taken against the 

employee. 

(c) To refuse any test ordered to be given as provided in 

this Section, provided, that refusal to submit to such test 

shall be grounds for immediate termination, and revocation of 

any applicable gaming license. 

(7) Drua and Alcohol Testina Im~lementation and Procedures. The 

Bingo Board shall, from time to time, establish and determine 

testing schedules, the employees to be tested, and the type of test 

to be administered. It shall be the responsibility of the 

management of a Bingo Operation to make the employees available for 

testing, conduct the actual tests in the presence of the Bingo 
Board or their authorized representative with the assistance of 

such Tribal, professional, or technical personnel as may be 

necessary for such tests, and to establish and maintain the 

Employee Assistance Program required by this Section. In 

accordance with this shared responsibility: 

(a) Within sixty (60) days after the approval of this 

Ordinance, Management of the Bingo Operation shall contact 

responsible agencies, tribal, state, and federal, establish 

the Employee Assistance Program as required by this Section, 

submit a written plan to implement the Employee Assistance 

Program to the Executive Council and the Bingo Board and 

inform all employees of the procedures for obtaining 

assistance through the Employee Assistance Program. 

(b) Not less than sixty (60) days prior to the implementation 

of the drug and alcohol testing program pursuant to this 

Section, the Bingo Board shall notify all employees of the 

Bingo Operation that testing for use of illegal drugs and 

abuse of alcohol is to be conducted, and that they may 

voluntarily seek counseling and rehabilitation through the 

Employee Assistance Program. 

(c) Within thirty (30) days after the approval of this 

Ordinance, Management of the Bingo Operation shall revise 

employment application forms to contain the following notice: 

"Employment at this Bingo Operation is conditioned upon the 

employee refraining from the abuse of alcohol and any use of 

illegal drugs:as provided by the laws of the Kaw Nation. By 

accepting employment, you will have agreed to testing for the 

abuse of alcohol and the use of illegal drugs in order to 

remain employed. At the time of any such test, you have the 

right to submit medical documentation that may support a 

legitimate use for a specific drug, and have other rights as 

provided by the laws of the Kaw Nation. Please ask your 

interviewer or your supervisor for a written copy of those 

rights if you wish to review them." 

(d) Within thirty (30) days after the decision to drug test, 

Management shall produce one or more posters to be routinely 

displayed in areas where employees normally work, gather, take 

breaks, or other areas where they will come to the attention 

of the employees, which posters shall set out the definitions 

of "Abuse of Alcoholw and "Use of Illegal Drugsn along with a 

listing of the drugs contained in the schedules referred to in 

Section 208 of this Ordinance, the policy statement in 

subsection (2) of this Section, that all employees are subject 

to testing for alcohol abuse and use of illegal drugs, the 

availability of the Employee Assistance Program, and the 

rights of the employee set out in subsection (6) of this 

Section. 
(e) Within one hundred twenty (120) days after approval of 

this ordinance, the Bingo Board shall prepare draft written 

rules and regulations for timely submission of requests for 

retention of records and specimens, retesting, protection of 

test results and related medical and rehabilitation records, 

and other procedures necessary for the implementation of this 

Section, provided, that procedures for the providing and 

collection of urine specimens must allow individual privacy, 

unless management or the Bingo Board have reason to believe 

that a particular individual may alter or substitute the 

specimen to be provided. copies of the draft procedures shall 

be delivered to the management of the Bingo Operation and the 

Executive Council, and posted in the offices of the Kaw Nation 

and at the Bingo Operation for the use of the employees who 

shall be entitled to review and copy the draft, along with a 

notice that the Bingo Board will receive written comments on 

the draft rules and regulations for period stated in said 

notice which shall not be less than thirty (30) days after the 

date such draft is posted, and that the Bingo Board will hold 

a public hearing on said draft within the thirty-day (30) 

notice period on a date, and at a time and place stated in the 

notice. The Bingo Board shall issue final rules and 

regulations within sixty (60) days after the comment period 

expires. 

(f The rules and regulations promulgated pursuant to 

subsection (e) of this Section shall contain provisions 

providing for Voluntary Treatment Programs for those employees 

who volunteer for such program conducted by the Employee 

Assistance Program, and Mandatory Treatment Programs for those 

employees who are determined to abuse alcohol or use illegal 

drugs. 

(8) Findins of Abuse of Alcohol or Use of Illeaal Druss. The 

determination that any employee abuses alcohol or uses illegal 

drugs may be made on the basis of any appropriate evidence, 

including direct observation, a criminal conviction, administrative 

inquiry, or the results of the tests authorized herein. Positive 

test results may be rebutted by other evidence that an employee has 

not abused alcohol or used illegal drugs. 

(9) Adverse Em~lovee Actions. The purpose of the employee testing 

program is to improve the health and safety of employees by 

prevention, detectionfa nd treatment of alcohol abuse and illegal 

drug use, and to protect the integrity of the Bingo Operation from 

the effects of alcohol abuse and illegal drug use, including the 

ability of criminal elements to impact the gaming conducted by the 

Bingo Operation, or the revenues receivable by the Tribe from the 

Bingo Operation, through the providing or withholding of illegal 

drugs to employees, or the blackmail of employees. Consistent with 

these purposes: 
(1) Whenever it is alleged that an employee has abused 

alcohol or used illegal drugs, and there is evidence to 

support such allegation, management shall notify the Bingo 

Board in writing of such allegations setting forth the 

particulars of the allegations, and serve a copy of the notice 

on the affected employee. 

(2) The Bingo Board shall, within thirty (30) days after 

receipt of such notice, schedule a hearing to determine 

whether the license of such employee shall be revoked and 

shall notify the employee and management of the Bingo 

Operation of the date, time, and place of such hearing at 

least ten (10) days prior hereto. At the hearing the employee 

shall have the right to be represented by an attorney or other 

person at his request, to confront the witnesses against him, 

to compulsory process to present witnesses in his defense, and 

to present evidence in his own behalf. A record shall be made 

of such proceeding, which shall be subject to review by the 

Courts of the Kaw Nation pursuant to Section 208 of this 

Ordinance. 

(3) The Bingo Board shall determine whether the employee 

abused alcohol or used illegal drugs, and whether the license 

of the employee shall continue, be suspended, or revoked, and 

shall have the authority to defer a suspension or revocation 

an employee's license conditioned upon his future conduct and 

successful completion of a Mandatory Treatment Program. If 

the Bingo Board makes a determination that the employee abused 

alcohol or used illegal drugs, it shall order the employee to 

enroll in the Mandatory Treatment Program regardless of its 

decision regarding the employee's license. 

(4) If the Bingo Board revokes the license of the employee, 

and does not defer such revocation, management shall terminate 

the individual form employment with the Bingo Operation 

forthwith. 

(5) If the Bingo Board suspends the license of the employee 

and does not defer such suspension, management of the Bingo 

Operation shall place the individual on administrative leave 

without pay for the term of the suspension of the license in 

addition to any other adverse personnel action which 

management shall deem appropriate under the circumstances. 

(6 Management of the Bingo Operation shall initiate 

disciplinary action against any employee who is found by the 

Bingo Board to use illegal drugs or abuse alcohol, through and 

including termination, and shall have the authority to place 

an employee on administrative leave with or without pay, 

according to the substance of the charge and quality of the 

evidence in support of said charge, pending resolution of the 

charges against him, provided, that such action is not 
required for an employee who voluntarily identifies himself as 

a user of illegal drugs or abuser of alcohol prior to being 

identified by other means, obtains counseling or other 

rehabilitation through the Employee Assistance Program, and 

thereafter refrains from using illegal drugs or abusing 

alcohol. 

(7) The Bingo Operation shall not allow any employee to 

remain on duty in Primary Management Official or Key Employee 

position who is found to abuse alcohol or use illegal drugs 

prior to successful completion of rehabilitation through the 

Employee Assistance Program. However, as part of the 

rehabilitation or counseling program, management, with the 

consent of the Bingo Board, may, in its discretion, allow a 

Primary Management Official or Key Employee to return to duty 

in such position if it is determined that the employee can be 

properly supervised, and that this action would not pose a 

danger to public health or safety or to the integrity of the 

Bingo Operation. 

(8) The Bingo Operation shall terminate any employee who is 

found to abuse alcohol or use illegal drugs who refuses to 

obtain counseling or rehabilitation through the Employee 

Assistance Program, or who does not thereafter refrain from 

abusing alcohol or using illegal drugs. 

(9) The results of testing and information developed by 

management, or the Bingo Board in the course of the testing or 

the hearing provided for above, may be considered in 

processing any adverse action against the employee, or for 

other administrative purposes. Preliminary test results may 

not be used in an administrative proceeding against the 

employee unless they are confirmed by a second analysis of the 

same sample, or unless the employee confirms the accuracy of 

the initial test by admitting the abuse of alcohol or use of 

illegal drugs. In the case of "breath-testsw for alcohol, a 

second sample taken promptly after the first sample satisfies 

the requirement of this subsection that the test results be 

confirmed. 

(10) No admissions made by an employee to gain access to the 

Voluntary Treatment Program prior to being identified as an 

abuser of alcohol or user of illegal drugs, , nor admissions 

made by an employee in counseling or rehabilitation in the 

Voluntary Treatment Program or Mandatory Treatment Program 

concerning his abuse of alcohol or use of illegal drugs may be 

used in any adverse employee action or court proceeding. 

(11) Any action to discipline an employee who is abusing 

alcohol or using illegal drugs shall, subject to the 

provisions of this subsection, be taken in compliance with 

otherwise applicable procedures. 
(10) Use in Criminal Proceedinas Prohibited. Testing pursuant to 

this Section shall not be conducted for the purpose of gathering 

evidence for use in criminal proceedings. The Bingo Operation, 

Bingo Board, and other persons who are advised of the results of 

the tests conducted pursuant to this Section, including police 

officers who may administer certain tests, are not required to 

report to the Attorney General for investigation or prosecution 

any information, allegation, or evidence relating to violations of 

the Criminal Code of the Kaw Nation received as a result of the 

operation of the testing program established by this Section, 

provided, that evidence of intoxication or use of alcohol or drugs 

independent of the testing program established by this section, 

including specifically, evidence that an employee was intoxicated 

or using illegal drugs at the Bingo Operation observed by witnesses 

and not initially disclosed during treatment within the Employee 

Assistance Program, shall be admissible in any civil or criminal 

proceeding, providina further, that nay confirmation of such 

evidence which could be provided by reference to test results or 

admissions made during participation in the Employee Assistance 

Program shall not be admissible or alluded to in such court 

proceedings unless the employee procures their admission, or 

alleges that the evidence is insufficient because no tests were 

conducted or admitted into evidence. 

Bection 103. Implied Consent for Audits and Reviews 

Any person, organization, or corporation which applies for or 

receives a license to conduct Bingo Pursuant to this Title shall be 

deemed to have consented to the audit and review of its records by 

authorized accounting or law enforcement agencies or officers of 

the Tribe without notice or warrant at any reasonable time, 

including spot checks or field audits of its operations during 

Bingo sessions in return for the privilege of conducting Bingo 

Games within the Tribal jurisdiction. 

Section 104. Annual Audits 

A. Not less frequently than once each calendar year, a 

complete audit, which may be encompassed within the existing 

independent Tribal audit system, will be conducted by a Certified 

Public Accountant designated by the Bingo Board with respect to 

each gaming operation. 

B. All contracts for supplies, services, or concessions for 

a contract amount in excess of $25,000.00 annually (except 

contracts for professional legal or accounting services) relating 

to a gaming operation shall be subject to such independent audits, 

and each such contract shall contain a clause whereby each party 

thereto agrees to cooperate and comply with said audit. 

C. The Bingo Board shall levy upon each gaming operation a 

fee sufficient to pay for the expenses associated with the audit or 
audits provided for by this section. Such levy, upon being filed 

in the off ice of the clerk of the Tribal Court, shall be subject to 

collection in the same manner as money judgments entered by the 

Tribal Court. 

Section 105. Environmental Protection 

A. The Manager, Owner, Operator, or Contractor shall 

construct and maintain the Bingo Facility and operate the Bingo 

Games in a manner which adequately protects the environment and the 

public health and safety. 

B. The Bingo Board shall have jurisdiction to make and 

enforce any regulations necessary to protect the environment and 

the public health and safety with regard to the construction, 

maintenance, and operation of a Bingo Facility. In doing so, it 

may request the assistance of the Tribal Health Department, the 

Tribal Prosecutor, the Tribal Police, and other interested tribal 

agencies. 

Section 106. Allowable Charues 

In any game of Bingo in which the prize offered does not exceed 

One Hundred Dollars ($100.00), a maximum charge of Three (3) 

Dollars per card played may be charged for participation. In all 

other games, a maximum charge of Ten (10) Dollars per card played 

may be charged for participation. 

Section 107. Public Notice of Prizes. Charues and Rules 

A list of Prizes to be given away by game, the charges for 

participation by game, and the rules of each game with appropriate 

examples, shall be prominently displayed within the room in which 

Bingo is to be conducted in such manner that the public shall have 

immediate and unrestricted access thereto. 

Section 108. Intoxicatinu Beveraue Prohibited 

No person shall sell, serve, give away, consume, furnish, or 

possess any beer, ale, wine, liquor, spirits, or any other beverage 

or product containing alcohol for ingestion by human beings or any 

substance listed in Section 812 of Title 21 of the United States 

Code or added to the schedules contained therein as provided by 

federal law, at or near any game or session of Bingo conducted 

within the Tribal jurisdiction. Any Indian violating this section 

shall be guilty of an offense. Any non-Indian violating this 

section shall be expelled from the Indian Country subject to the 

jurisdiction of the Tribe, or held for the federal authorities. 

Section 109. Aue Restrictions 

No person under the age of eighteen (18) years shall be 
permitted to play Bingo. 

Section 110. Discrimination Prohibited 

No person shall be discriminated against due to race, color, 

creed, sex, or national origin at any game of Bingo, or for 

employment by any Manager, Contractor, Owner, or Operator. 

Section 111. Indian Preference Reaired 

Every Manager, Contractor, Operator, or Owner shall give 

preference in hiring and employee retention practices to members of 

federally recognized Indian Tribes. 

Section 112. Civil Penalties 

A. Any violations of this Title are hereby declared to be a public 

nuisance. 

B. The Tribal Prosecutor is authorized to bring a civil action 

against any person violating the provisions of this Title. 

C. Upon finding that a violation has occurred, the Court may 

impose a civil penalty not to exceed One Thousand Dollars 

($1,000.00) for each separate violation in addition to any or all 

actual damages, administrative costs, court costs, and the fees of 

the Tribal Prosecutor. Each Bingo game played at which a 

continuing violation occurs shall be deemed a separate violation. 

Section 113. Criminal Penalties 

Any Indian person violating the provisions of this Title shall 

be guilty of an offense and shall upon conviction thereof be 

punished by the confinement in the tribal jail for a period of not 

less than six months nor more than one year, and a fine of not less 

than Five Hundred ($500.00) nor more than Five Thousand Dollars 

($5,000.00) or by both such fine or imprisonment for each separate 

violation, in addition to court costs and the fees of the Tribal 

Prosecutor. 

Section 114. Requirements to Receive a Prize 

In addition to being the first player to properly cover a 

predetermined and publicly announced pattern of squares upon the 

card being used by him, a player, in order to qualify to receive a 

prize, must furnish: 

(a) Acceptable proof of said winners name, address, and 

social security number. Acceptable proof may be a driver's 

license, photo identification, or other identification. An 

oral statement of the winner's social security number may be 

acceptable when accompanied by two forms of identification, 
one of which is a photo identification. 

(b) A signed receipt acknowledging acceptance and receipt of 

the prize awarded. 

Sections 115 - 196. Reserved 

Section 197. Severability 

The provisions of this Title are severable. If any part or 

provision hereof shall be held void by any Court of competent 

jurisdiction, the decision of the Court so holding shall not effect 

or impair any of the remaining parts or provisions of this Title. 

Section 198. Effective Date 

This Title shall be effective from and after the date of 

approval by the Tribe and the Chairman. 

Section 199. Citation 

This Title may be cited as the llBingo Ordinance of 1993.11 
CHAPTER TWO 

BINGO BOARD 

Section 201. Binao Board Defined 

The Kaw Economic Development Board, Chairman of the Kaw Tribe 

or his designated representative, and the Tribal Prosecutor, acting 

as legal counsel, shall constitute the Bingo Board. The chairman 

of the Kaw Economic Development Board shall be chairman of the 

Bingo Board. 

Bection 202. Powers of the Binao Board 

The Bingo Board shall have the power: 

A. to approve the annual operating budget of a Contractor or 

Manager, including Equipment Costs for the replacement or necessary 

upgrading of Equipment, and budget modifications. 

B. to submit the annual budget of the Bingo Board to the 

Council for approval. 

C. by majority vote to authorize the chairman to issue 

subpoenas, which subpoenas shall be of like effect as subpoenas 

issued by the Court. 

D. to designate such of its members as may be necessary to 

act as chairman during the chairman's absence, incapacity, or 

refusal or failure to act in accordance with the directives of the 

Board. 

E. to order the temporary or permanent closing of a gaming 

activity upon a violation of this Title, the Act, or other 

applicable laws of the Tribe. A decision to order permanent 

closure pursuant to this Section may be appealed upon the record 

directly to the Supreme Court of the Tribe. 

I?. to monitor Bingo Games conducted within the jurisdiction 

of the Tribe, and to oversee the conduct of the management and 

employees of gaming enterprises on a continuing basis. 

G. to inspect and examine all Bingo Sites and Bingo 

Facilities within the jurisdiction of the Tribe at such times as 

the Board may deem proper to determine whether the environment and 

the public health and safety are being maintained, and to verify 

compliance with this Title. 

H. to conduct or cause to be conducted such background 

investigations as may be necessary or required by this Title, and 

in particular to conduct thorough checks upon the background and 

suitability of Contractors, Owners, Operators, Managers, Primary 

Management Officials, and Key Employees. 
I. to demand access to and inspect, examine, photocopy, and 

audit all papers, books, and records respecting gross revenues and 

operations of Bingo Games conducted within the jurisdiction of the 

Tribe and any other matters necessary to carry out the duties of 

the Bingo Board pursuant to this Title. 

J. to use such Tribal buildings and other property in the 

performance of its duties as shall be approved by the Council or 

the tribal agency having jurisdiction or use of said buildings or 

other property. 

K. to procure supplies, services, and property by contract in 

accordance with applicable Tribal laws and regulation. 

L. to enter into contracts with Federal or Tribal governments 

or their subdivisions and private entities for activities necessary 

to the discharge of the duties of the Bingo Board, and, to the 

extent feasible, contract with the National Indian Gaming 

Commission for the responsibility to enforce the regulations of the 

National Indian Gaming Commission. 

M. to hold such hearings, sit and act at such times and 

places, take such testimony, and receive such evidence as the Bingo 

Board deems appropriate. 

N. to administer oaths or affirmations to witnesses appearing 

before the Bingo Board, 

0. to promulgate such regulations and guidelines as it deems 

appropriate to implement the provisions of this Title, and to 

provide for its own rules of procedure, provided that all such 

rules and regulations shall be filed with the Tribal Secretary and 

Court and shall be public records open to inspection by any person 

during normal business hours. 

P. to conduct or cause to be conducted the annual audit 

required by Section 104 of this Title, and to report the results of 

said audit to the Council and the Commission. 

Q. to approve, issue, disapprove, suspend, cancel, or renew 

licenses as provided in Chapter Three of this Title. 

R. to take such other actions as may be reasonable and proper 

to exercise any of the foregoing powers or other powers granted to 

the Board by this Title, and to enforce the provisions of this 

Title according to its purposes. 

Bection 203. Re~orts 

The Bingo Board shall submit a report, including the views of 

individual members if submitted, to the Council once during the 

month of January each calendar year. The report shall include 
information relative to: 

A. whether the Bingo Board should be full or part time 

officials, 

B. funding, including income and expenses, of the Bingo 

Board, 

C. recommendations for amendments to this Title, 

D. a summary of gaming licenses issued and denied by type, 

E. any other matter considered appropriate by the Bingo 

Board. 

Section 204. Binuo Board Staffinq 

A. The Tribal Prosecutor shall act as General Counsel to the 

Bingo Board. The General Counsel may appoint such Assistant 

General Counsel as may be approved by the Bingo Board. 

B. The Bingo Board may appoint and supervise other staff of 

the Bingo Board without regard to the personnel policies of the 

Tribe, at such rates of pay as shall be reflected in the budget of 

the Bingo Board as approved by the Council, provided, that no 

person may be appointed to the staff of the Bingo Board who is a 

Relative of a member of the Bingo Board, the Council, or a Bingo 

Manager, Contractor, Operator, Owner, Primary Management Official, 

or Key Employee. 

C. The Board may procure temporary and intermittent services 

necessary to the conduct of its duties pursuant to this Title, but 

at rates for individuals not to exceed the daily equivalent of the 

maximum annual rate of basic pay payable for a GS-18 of the General 

Schedule of the United States Civil Service. 

D. Upon the request of the Board, the head of any Tribal 

agency or department is authorized to detail any of the personnel 

of such agency or department to the Bingo Board to assist the Board 

in carrying out its duties under this Title, unless otherwise 

prohibited by law or contract. 

Section 205. Board Access to Information 

The Bingo '~oard may secure from any department or agency of 

the Tribal government, and from cooperating agencies or departments 

of the government of any Indian Tribe, any State, or the United 

States information necessary to enable it to carry out its function 

under this Title. Upon request of the Board, the head of any 

tribal department or agency shall furnish such information to the 

Bingo Board unless otherwise prohibited by law. 
Section 206. Board Distribution of Information 

The Bingo Board is authorized, upon request for law 

enforcement purposes or as required by law, to distribute to the 

Commission, the Oklahoma Indian Gaming Commission, and any agency 

of another federally recognized tribe or state having authority to 

regulate gaming or prosecute offenders for violations of the 

appropriate gaming laws within the jurisdiction of such tribe or 

state, such information as it may have available, unless otherwise 

prohibited by law. 

Section 207. Assessment of Fees 

A. The Bingo Board shall establish a schedule of fees to be 

paid to the Commission annually by each Manager, Owner, Operator, 

or Contractor operating a Bingo Facility that is regulated by this 

Title, and shall review said schedule annually during its budget 

process. 

B. The rate of fees imposed under this Section shall be: 

1. no less than 0.5 percent nor more than 2.5 percent of 

the first $1,000,000 of Gross Receipts, and 

2. no more than 5 percent of the Gross Receipts in excess of 

the first $1,000,000 of the Gross Receipts from each entity 

regulated by this Title. 

C. Failure to pay the fees imposed under the schedule of fees 

established by the Board shall, subject to the regulations of the 

Board, be grounds for revocation or suspension of the license of 

the nonpaying entity or person required by this Title for the 

operation of Bingo Games and a Bingo Facility. 

D. To the extent that revenue derived from fees imposed under 

the schedule established by this Section is not expended or 

committed at the close of any fiscal year, such surplus funds shall 

be credited to each entity or person who paid fees during that year 

pro rata against such fees imposed for the succeeding year. 

Section 208. Judicial Review 

A. The decisions of the Board denying, suspending, or 

revoking a license, or ordering permanent closure of a Bingo 

Operation or in go Games, shall be subject to judicial review in a 

suit, in the Tribal Court only, naming the Board as the sole 

defendant notwithstanding Tribal sovereign immunity. The Tribal 

Court may enter declaratory and injunctive relief only against the 

Board, provided, that the limited waiver of immunity herein 

contained is conditioned upon the plaintiff in such action posting 

a bond with good and sufficient sureties in an amount not less than 

$5,000.00 to be determined by the Court for the payment of the 
Tribal Prosecutor's fees and court costs in the event that the 

plaintiff therein does not prevail, and provided further, that no 

temporary restraining order or preliminary injunction may be issued 

in favor of such plaintiff absent a clear showing upon hearing of 

testimony and other evidence that (1) the plaintiff is likely to 

prevail upon the law and facts, (2) that the public health, 

welfare, and safety will not be harmed by such temporary relief, 

(3) that the balance of equity is strongly in favor of such 

plaintiff, (4) the plaintiff will suffer irreparable harm absent 

such temporary relief other than simply loss of profits or fees, 

and (5) at least forty-eight hours notice to the Tribal Prosecutor. 

B. The individual members of the Bingo Board shall be 

absolutely immune from civil suit in all actions at law or in 

equity for any actions taken or statements made within the scope of 

their authority as members of the Bingo Board, or in a good faith 

belief that their actions or statements were within the scope of 

their authority. 

Section 209. Subpoena and Deposition Authority 

A. The Board shall have the power to require by subpoena the 

attendance and testimony of witnesses and the production of all 

books, papers, documents, and things relating to any matter under 

consideration or investigation. 

B. The attendance of witnesses and the production of books, 

papers, and documents, may be required from any place in the United 

States at any designated place of hearing. The Board may request 

the Commission to bring appropriate action to enforce any subpoena 

under this Section. 

C. The Court, in case of contumacy or refusal to obey a 

subpoena for any reason, issue an order requiring such person to 

appear before the Board, and produce books, papers, documents, or 

things as so ordered, and give evidence concerning the matter in 

question, and any failure to obey such order of the Court may be 

punished by the Court as a contempt thereof. 

D. The Board may order testimony to be taken by deposition in 

any proceeding or investigation pending before the Board at any 

stage of such proceeding or investigation. Such depositions may be 

taken before any person designated by the Board and having the 

power to administer oaths. Reasonable notice must first be given 

to the Board in writing by the party or his attorney proposing to 

take such deposition, and, in cases in which the Board proposes to 

take a deposition, reasonable notice must be given. The notice 

shall state the name of the witness and the time and place of the 

taking of his deposition. Any person may be compelled to appear 

and depose, and to produce books, papers, documents, or things in 

the same manner as witnesses may be compelled to appear and testify 

and produce like physical or documentary evidence before the Board 
as hereinbefore provided. 

E. Every person deposing as herein provided shall be 

cautioned and shall be required to swear or affirm to testify to 

the whole truth, and shall be carefully examined. His testimony 

shall be reduced to writing where possible by the person taking the 

deposition, or under his direction, and shall, after it has been 

reduced to writing, be subscribed by the deponent in the same 

manner as depositions in civil cases. All depositions shall be 

promptly filed with the Board. 

F. Where any current or proposed Manager or licensee, or a 

Primary Management Employee, Key Employee, or other employee or 

Relative of a potential licensee or current licensee fails or 

refuses to comply with a subpoena issued pursuant to this Section, 

the Board may presume that the testimony and evidence which would 

have been presented to the Board would be adverse to the interests 

of the current or potential licensee in the matter under 

investigation. 

Section 210. Referrals for Prosecution 

A. The Board shall, when information received during an 

investigation indicates a violation of Tribal, Federal, or State 

statutes, ordinances, or resolutions, provide such information to 

the appropriate law enforcement officials. 

B. The Tribal Prosecutor shall investigate activities 

associated with gaming authorized by this Title which may be a 

violation of Tribal law. 

Section 211. Authorization for A~~ro~riations 

There are hereby authorized to be appropriated such sums as 

may be necessary for the operation of the Board. 
CHAPTER THREE 

LICENSING REQUIREMENTS 

Section 301-A. Tmes of Licenses to be Issued 

The Board shall issue the following licenses with respect to 

gaming operations under a management contract and/or individual 

operator: 

A. A Bingo ~ana~er License 

B. Key Employee License 

C. General Employee License 

D. A Bingo Contractor License 

E. A Primary Management Official License 

F. A Bingo Facility License 

SECTION 301-B. 

The Board shall issue the following licenses with respect to 

gaming operations owned and operated by the Tribe: 

A. A Bingo Manager License 

B. Key Employee Licenses 

C. General Employee Licenses 

D. Primary Management Official License 

E. Facility License 

Section 302-A. License Fees for Contract Manaqement Com~anv(s) 

The proponent of any license shall tender the following fees 

to the Board at the time application is made for a license: 

A. Bingo Manager License - $500.00 

B. Bingo Owner License - $1,500.00 

C. Bingo Operator License - $1,000.00 

D. Bingo Contractor License - $2,500.00 

E. Primary Management Official License - $1,500.00 

F. Key Employee License - $1,500.00 
G. General Employee License - $250.00 

H. Facility License - $2,500.00 

Section 302-B. 

License fees' for Tribally owned and operated gaming 

facilities: 

A. Bingo Manager - $50.00 

B. Key Employee - $20.00 

C. General Employee - $15.00 

D. Primary Management Official - $20.00 

E. Facility License - $20.00 

Section 303. Consolidation of License Hearinas 

The Board may, by order, consolidate some or all of the 

license hearings pending in which either the same person or entity 

is applying for more than one license or type of license, or 

different persons are applying for one or more types of licenses 

for one location. 

Section 304. Hearina Procedure 

The Board shall have power to determine its own rules of 

procedure, not inconsistent with this Title, in its conduct of 

licensing hearings and other investigations. 

Section 305. License A~wlications 

Applications for licenses shall be made in writing in such 

form as the Board shall by rule provide, subject to the following 

requirements: 

A. A~Dlication Forms 

1. The following notice shall be placed on the application 

form for a key employee or a primary management official before 

that form 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 employed in a gaming 

operation. The information will be used by 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 to appropriate 

Federal, Tribal, State, local, or foreign law enforcement 

and regulatory agencies when relevant to civil, criminal 

or regulatory investigations or prosecutions or when 

pursuant to a requirement by a Tribe or the National 

Indian Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation of a 

gaming license, or investigations of activities while 

associated with a Tribe or a gaming operation. Failure 

to consent to the disclosures indicated in this notice 

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

primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

2. Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

a. Complete a new application form that contains a Privacy 

Act Notice; or 

b. Sign a statement that contains the Privacy Act notice 

and consent to the routine uses described in that 

not ice. 

3. The following notice shall be placed on the application 

form for a key employee or a primary official before that form is 

filled out by an applicant. 

A false statement on any part of your application may be 

grounds for not hiring you, or for firing you after you 

begin work. Also, you may be punished by fine or 

imprisonment. 

(U.S. Code, title 18, section 1001.) 

4. The Tribe shall notify in writing existing key employees 

and primary management officials that they shall either: 

a. Complete a new application form that contains a notice 

regarding false statements; or 

b. Sign a statement that contains the notice regarding 

false statements. 

B. All individuals to be licensed in any capacity shall submit at 

a minimum: 

1. a complete resume 
2. their social security number 

3. a statement as to whether the individual is a member, or 

Relative of a member, of the governing body of the Tribe, 

any other Constitutional or statutory agency or body of the 

Tribe, or a tribal employee 

4. whether the individual has been convicted of any felony, 

gaming offense, or offense involving moral turpitude 

5. all prior experience or contact with Indian gaming 

enterprises in any capacity, and the gaming industry 

generally, including specifically the name, address, and 

telephone number of any regulatory or licensing agency 

having jurisdiction over or records of such prior actions 

6. any previous contact that the individual has had with 

persons involved with organized crime. 

7. a complete statement as to prior arrests, convictions, 

and civil suits whether as plaintiff or defendant, 

including the name of the court, the style and number of 

the case, a description of the claims by each of the 

parties, and the outcome. Whenever possible, the final 

judgment, and opinion if available, of the Court should be 

attached to the application. 

8. A complete financial statement showing assets, 

liabilities, net worth, all debts owed and leases exceeding 

a term of one year, and including specifically any 

financial agreements made relative to the gaming operation 

with any person. 

C. Non-individuals to be licensed in any capacity shall submit at 

a minimum: 

1. A complete statement as to the form of the organization, 

including copies of its governing documents and the name, 

address, and telephone number of the governmental body 

having copies of such records on file or responsible for 

oversight of the organization 

2. A complete certified copy of the organizations minute 

book(s), records relating to ownership, governance, and 

management of the organization, and a complete list of all 

owners of equity interests in the organization or other 

interests convertible to equity interests 

3. The organizations federal tax identification number, the 

address and telephone number of all places at which it has 

or does conduct business, and the name, address, and telephone 

of its service agent, if any 
4. A statement as to whether any Primary Management 

Official or Key Employee of the organization is a member, or 

Relative of a member, of the governing body of the Tribe, any 

other Constitutional or statutory agency or body of the 

Tribe, or a tribal employee 

5. Whether the organization, or any Primary Management 

Official or 'Key Employee of the organization, has been 

convicted of any felony, gaming offense, or offense 

involving moral turpitude 

6. All prior experience or contact of the organization, its 

Primary Management Officials and Key Employees, with Indian 

gaming enterprises in any capacity, and the gaming industry 

generally, including specifically the name, address, and 

telephone number of any regulatory or licensing agency 

having jurisdiction over or records of such prior actions 

7. Any previous contact that the organization, its Primary 

Management Officials and Key Employees, has had with persons 

involved with organized crime 

8. A complete statement as to prior arrests, convictions, 

and civil suits whether as plaintiff or defendant of the 

organization, its Primary Management Officials and Key 

Employees, including the name of the court, the style and 

number of the case, a description of the claims by each of 

the parties, and the outcome. Whenever possible, the final 

judgment, and any opinion if available, of the Court should 

be attached to the application. 

9. A complete list of every other organization with which 

it is affiliated, including without limitation, a parent, 

subsidiary, owner of equity interests sufficient to name 

one person to a managing entity, organization with which 

the applicant has at least one common director, officer, 

Primary Management Official, or Key Employee even though 

the individual's status may not be the same in both 

organizations. 

10. A description of the safeguards the organization has in 

place to prevent any person from becoming a Primary 

Management Official or Key Employee of said organization 

without first obtaining a license from the Bingo Board. 

11. The names, addresses, telephone numbers (work and 

residence), social security number, and complete resume 

showing every place of employment and residence for the 

next preceding twenty years of every Primary Management 

Official and Key Employee of said organization. 
D. Applications for a Bingo Facility License must contain at a 

minimum: 

1. A complete legal description of the Bingo Site, 

including evidence that said Site is within the territorial 

jurisdiction of the Tribe 

2. A complete and accurate description of the Bingo 

Facility, including where possible blueprints, drawings, 

floor plans including square footage, utility services, 

waste services, parking plans, and photographs 

3. Evidence that the proposed Bingo Facility complies with 

national building and fire codes 

4. Evidence that the proposed Bingo Facility is insurable 

against fire and other hazards, and that liability insurance 

may be obtained to protect the public from hazards which 

may exist in or around the proposed Bingo Facility. 

E. Every application for a license shall be verified under oath 

or affirmation. 

Section 306. Manner Of Filincr Instruments With Board 

Any document, affidavit, return, report, fee or other 

instrument or payment required to be filed with, delivered to, or 

served upon the Bingo Board by this Title shall be deemed to be 

properly filed, delivered, or served, as the case may be if it is 

filed, delivered, or served upon the Chairman of the Bingo Board at 

the Tribal Complex, or such Tribal employee at the Tribal Complex 

as the Bingo Board shall designate in writing. 

Section 307. Issuance of Instruments by Board 

Any license, registration form, receipt, or other instrument 

which the Bingo Board is required or permitted to issue pursuant to 

this Title, may be issued by the Chairman of the Bingo Board 

pursuant to the order of the Board, or in such other manner as the 

Board shall by rule provide. 

Section 308. Investicration of License ADDlication 

A. Upon receipt of any application forms or of any affidavit or 

other instrument listing the names of any Primary Management 

Officials, Key Employees, owners, employees, or other persons 

involved in Bingo conducted or to be conducted pursuant to this 

Title, the Bingo Board shall request the Chairman, the Police Chief 

and the Criminal Investigator to verify that, after due 

investigation no record can be found of a conviction of any such 

persons of a felony, a gaming offense, or other crime involving 

moral turpitude. 
Backaround Investiaations 

1. The Tribe shall request from each primary management official 

and from each key employee all of the following information: 

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

security number(s), birth date, place of birth, 

citizenship, gender, all languages (spoken or written); 

b. Currently and for the previous 5 years: business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and drivers 

license numbers; 

c. The names and current addresses of at least three personal 

references, including me personal reference who was 

acquainted with the applicant during each period of 

residence listed under paragraph (1) (b) of this section; 

d. Current business and residence telephone numbers; 

e. A description of any existing and previous business 

relationships with Indian Tribes, including ownership 

interests in those businesses; 

f. A description of any existing and previous business 

relationships with the gaming industry generally, 

including ownership interests in those businesses; 

g. 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 permit was granted; 

h. For each felony for which there is an ongoing prosecution 

or a conviction, the charge, the name and address of the 

court involved, and the date and disposition if any; 

i. 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 and 

disposition; 

j. 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 

paragraph (1) (h) or l(i) of this section, the criminal 

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

date and disposition; 

k. 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; 

1. A current photograph; 

m. Any other information the Tribe deems relevant; and 

n. Fingerprints consistent with procedures adopted by the 

Tribe according to 25 C.F.R. S 522.2(h). 

2. The Tribe shall conduct an investigation sufficient to make a 

determination under subsection D. below. In conducting a 

background investigation, the Tribe or its agent shall promise to 

keep confidential the identity of each person interviewed in the 

course of the investigation. 

C. Eliuibilitv Determination 

The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

finding concerning the eligibility of a key employee or primary 

management official for employment in a gaming operation. If the 

Tribe determines that employment of the person poses a threat to 

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

creates or enhances dangers of unsuitable, unfair, or illegal 

practices and methods and activities in the conduct of gaming, a 

Tribal gaming operation shall not employe that person in a key 

employee or primary management official position. 

D. Procedures for Forwardina Awplications and Reworts for 

Kev Em~lovees and Primarv Manaaement Officials to 

the National Indian Gaminu Commission 

1. When a key employee or primary management official begins 

work at a gaming operation authorized by this ordinance, the Tribe 

shall forward to the National Indian Gaming Commission a completed 

application for employment and conduct the background investigation 

and make the determination referred to in subsection D of this 

section. 

2. The Tribe shall forward the report referred to in subsection 

F of this section to the National Indian Gaming Commission within 

60 days after an employee begins work or within 60 days of the 

approval of this ordinance by the Chairman of the National Indian 

Gaming Commission. 

3. The gaming operation shall not employ as a key employee or 

primary management official a person who does not have a license 

after 90 days. 

Report to the National Indian Gamina Commission 

1. Pursuant to the procedures set out in subsection E of this 
section, the Tribe shall prepare and forward to the National Indian 

Gaming Commission an investigative report on each background 

investigation. An investigative report shall include all of the 

following: 

a. Steps taken in conducting a background 

investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The bases for those conclusions. 

2. The Tribe shall submit, with the report, a copy of the 

eligibility determination made under subsection D of this section. 

3. If a license is not issued to an applicant, The Tribe: 

a. Shallnotify the National Indian Gaming Commission; 

and 

b. May forward copies of its eligibility determination 

and investigative report (if any) to the National 

Indian Gaming Commission for inclusion in the Indian 

Gaming Individuals Records System. 

4. With respect to key employees and primary management 

officials, the Tribe shall retain applications for employment and 

reports (if any) of background investigations for inspection by the 

Chairman of the National Indian Gaming Commission or his or her 

designee for no less than three (3) years from the date of 

termination of employment. 

F. Grantina a Gamins License 

1. If, within a thirty (30) day period after the National 

Indian Gaming Commission receives a report, the National Indian 

Gaming Commission notifies the Tribe that it has no objection to 

the issuance of a license pursuant to a license application filed 

by a key employee or a primary management official for whom the 

Tribe has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe may issue a license to 

such applicant. 

2. The Tribe shall respond to a request for additional 

information from the Chairman of the National Indian Gaming 

Commission concerning a key employee or a primary management 

official who is the subject of a report. Such a request shall 

suspend the 30-day period under paragraph G. 1. of this section 

until the Chairman of the National Indian Gaming Commission 

receives the additional information. 
3. If, within the thirty (30) day period described above, the 

National Indian Gaming Commission provides the Tribe with a 

statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the Tribe 

has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the final 

decision whether to issue a license to such applicant. 

G. License Sus~ension Instituted bv the Board 

1. If, after the issuance of a gaming license, the Tribe 

receives from the National Indian Gaming Commission reliable 

information indicating that a key employee or a primary management 

official is not eligible for employment under subsection D. above, 

the Tribe shall suspend such license and shall notify in writing 

the licensee of the suspension and the proposed revocation. 

2. The Tribe shall notify the licensee of a time and a place 

for a hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to 

revoke or to reinstate a gaming license. The Tribe shall notify 

the National Indian Gaming Commission of its decision. 

H. The Bingo Board shall request the Chairman, the Police Chief, 

and the Criminal Investigator to investigate the accuracy of any 

information submitted or required to be submitted to the Board 

pursuant to this Title as may be appropriate. 

I. The results of such investigations shall be reported to the 

Bingo Board, the Tribal Prosecutor, and the Chairman. 

Section 309. Issuance of Licenses 

Whenever it appears to the Board upon investigation that a 

proposed license would be consistent with the Act, this Title, and 

the public interest, it shall issue the requested license after 

thirty days notice of intent to issue said license to the Chairman 

unless, during the notice period, the Board is directed by the 

Commission to delay issuance of said license for further 

investigation. It shall be a condition of said licenses that the 

licensee or the proponent of the license notify the Bingo Board in 

writing within working 72 hours of any event which would change any 

of the answers or information submitted with their license 

application. 

Section 310. Sus~ension and Revocation of Licenses by the Board 

Whenever it appears that a holder of a license is not 

eligible to hold that license, or that the holder of a license is 
in violation of the Act, this Title, or other applicable Tribal 

law, or that cont'inued licensing of the licensee would pose a 

threat to the public interest or to the effective regulation of 

gaming, or create or enhance the dangers of unsuitable, unfair, or 

illegal practices, methods, and activities in the conduct of Bingo, 

the Board may suspend and after a hearing cancel such license. 

Section 311. Persons not Eliuible for Licensinq 

No license may be approved if: 

A. a person: 

(1) is an elected member of the governing body of the 

Tribe; 

(2) has been or subsequently is convicted of any felony or 

gaming offense; 

(3) has knowingly and willfully provided materially 

important false statements or information to the Commission 

or the Tribe pursuant to the Act or this Title, or has 

refused to respond to a subpoena issued pursuant to this 

Title; or 

(4) has been determined to be a person whose prior 

activities, criminal record if any, or reputation, habits, 

and associations pose a threat to the public interest or to 

the effective regulation and control of gaming, or create 

or enhance the dangers of unsuitable, unfair, or illegal 

practices, methods, and activities in the conduct of gaming 

or the carrying on of the business and financial 

arrangements incidental thereto; 

B. A management contractor: 

1. has or has attempted to unduly interfere or influence 

for its gain or advantage any decision or process of tribal 

government relating to the gaming activity; 

2. has deliberately or substantially failed to comply with 

the terms of the management contract or the tribal gaming 

ordinance or resolution adopted and approved pursuant to 

this Act; or 

a person is otherwise not eligible for licensing under the Act or 

this Title. 

Section 312. Term of Licenses 

Every license shall be valid for a term of one year. 
Section 313. Renewals 

Every license shall be renewable upon request in such form 

as the Bingo Board shall by rule determine, provided that the 

renewal request shall specifically identify any changes in the 

renewal applicant's original license application or renewal license 

application, as the case may be, since the issuance of said 

license, and the renewal applicant shall pay a renewal fee 

established by the Board not to exceed 3/4 of the fee for the 

original issuance of the license to be renewed. 
CHAPTER FOUR 

TRIBAL BINGO 

Section 401. Establishment of Binuo Overationls) 

There is hereby established a Tribal Bingo Operation for 

each county and incorporated city or town within the Tribal 

jurisdiction which shall be a body corporate of the Tribe and which 

shall have the authority to conduct Bingo Games and sessions within 

the jurisdiction of the Tribe under the terms and conditions herein 

or hereafter prescribed by law. 

section 402. Commencinu operations 

No Bingo Operation may begin operations except upon written 

resolution by the Council which shall provide for (1) the name in 

which the particular Bingo Operation is to be conducted, (2) the 

method of management, (3) the particular Bingo Site upon which 

Bingo Games will be conducted, and (4) the beginning date. Every 

such resolution shall be delivered promptly to the Bingo Board. 

Section 403. Tribe to be Sole Provrietor 

Except as to Owners and Operators, the Tribe will have the 

sole proprietary interest and responsibility for the conduct of 

bingo within its jurisdiction as provided in this Title and the 

Act. Tribal Bingo Operations shall never issue any capital stock. 

Section 404. Use of Net Revenue 

A. The portion of the Revenue belonging to the Tribe as a 

result of any gaming operation is not to be used for any purposes 

other than: 

(1) to fund Tribal government operations and programs, 

(2) to provide for the general welfare of the Tribe and its 

members, or 

(3) to promote Tribal economic development, or 

(4) to donate to charitable organizations, or 

(5) to help fund operations of local government agencies. 

B. In order to adequately account for the portion of the 

Revenue belonging to the Tribe as a result of any gaming operation, 

the Treasurer shall deposit all such Revenue in a separate account, 

identified as such, and all such Revenue shall be expended only 

upon authority of a Resolution appropriating such funds for one or 

more of the purposes identified in subsection A of this section. 
C. No per capita payment of such Revenues may be made. 

Section 405. Admihistration and Reuulations by Tribal Subdivision 

Except for those Bingo Operations managed via Contractors, 

each separate Tribal Bingo Operation shall be administered by the 

Kaw Economic Development Authority sitting as its Board of 

Directors and regulated by the Bingo Board as provided for and to 

the extent of the 'Act, and the Commission. All Bingo Operations 

shall be subordinate agencies of the Tribe. 

Section 406. Designation of the Binuo Manauer 

The Council may appoint and employ one individual person for 

each Tribal Bingo Operation who shall be designated the Manager of 

the particular Bingo Facility. In order to enter into employment, 

said Manager must obtain a Bingo Manager's License from the Bingo 

Board. 

Section 407. Powers and Miscellaneous Provisions 

Each Bingo Operation shall have the following powers which 

it may exercise consistent with the purpose for which it is 

established: 

(a) To have perpetual succession by its corporate name. 

(b) To sue in its corporate name, and to be sued where 

sovereign immunity has been waived by tribal law. 

(c) To have a corporate seal which may be altered at 

pleasure, and to use the same by causing it, or a facsimile 

thereof, to beimpressed or affixed or in any other manner 

reproduced. 

(d) To purchase, take, receive, lease, or otherwise acquire, 

own, hold, improve, use and otherwise deal in and with, real 

or personal property, or any interest therein, w h e r e v e r 

situated, when useful to its conduct of Bingo G a m e s , provided, that title to any real property acquired by such 

corporation shall be taken in the name of the United Statss 

of America in trust for the Tribe with the approval ofthe 

Secretary of the Interior. Such acquisition shall be made 

with the prior notice to the Council. At the time of such 

acquisition, the Tribe shall lease or patent such real 

property to the Bingo Operation for business purposes for 

a period of twenty-five (25) years with an option to renew 

such lease or revocable patent for an additional period of 

twenty-five (25) years or such other maximum period as may 

be authorized by Tribal law. The consideration received 

for exercising the option for the additional twenty-five 

(25) year term shall be One Dollar ($1.00). The rignts 
created by such lease or patent shall be enforceable in the 

Tribal Court against the Tribe not withstanding the defense 

of sovereign immunity, and the lease or revocable patent 

shall be considered a contract and property right which 

may not be abridged by the Tribe without just compensation. 

(e) To enter into agreements, contracts, and undertakings 

with any governmental agency, tribal, federal, state, or 

local or with any person, partnership, corporation, and to 

agree to any conditions attached to federal financial 

assistance. 

(f) To lend money and use its credit to assist its 

employees. 

(g) To make contracts and guarantees and incur liabilities, 

borrow money at such rates of interest as the Bingo 

Operation may determine not inconsistent with this Title, 

issue its notes, bonds, and other obligations, and secure 

any of its obligations by mortgages or pledge of all or any 

of its property or investments. 

(h) To lease property from or to the Tribe and others for 

such periods as are authorized by law, and to hold and 

manage or sublease the same. 

(i) To borrow or lend money, to issue temporary or long 

term evidence of indebtedness, and to repay the same. 

(j) To pledge the assets, other than real property, as 

security for debts and to acquire, sell, lease, exchange, 

transfer or assign personal property or interest therein. 

(k) To make rules and regulations regarding its activities 

pursuant to this Title as the Bingo Operation may deem 

necessary and desirable to effectuate the powers granted by 

this Title. Provided, that all such rules and regulations 

shall be filed for record in the tribal Secretary's office 

and the Tribal Court Clerk's office and approved by the 

Council prior to being given any force or effect. 

(1) To purchase insurance from any stock or mutual company 

for any property or against any risk or hazards, and the 

sovereign immunity of the Bingo Operation is hereby waived 

to the limit of the scope and extent of such insurance as 

may be in force as to any claim payable by such insurance. 

(m) To invest such funds as are not required for immediate 

disbursements. 

(n) To establish and maintain such bank accounts as may be 

necessary or convenient, subject to audit by tribal 
officials. 

(0) To employ such officers as may be necessary or 

convenient, and to employ technical and maintenance 

personnel and such other officers and employees, permanent 

or temporary, as the Bingo Operation may require, to 

establish the conditions of their employment, and to 

delegate to such officers and employees their powers or 

duties. 

(p) To take such further actions, not inconsistent with 

this Title, as are commonly engaged in by public or 

corporate bodies of this character. 

(q) To enter into partnerships, joint ventures, and other 

business arrangements with any legal entity to effectuate 

the purposes of the Bingo Operation. 

(r) To adopt such rules and regulations for the government 

of its internal affairs as the Operation deems necessary or 

appropriate to administer or enforce this Title and its 

activities thereunder, Provided, that all such rules and 

regulations shall be filed for record in the Tribal 

Secretary's office and the Tribal CourtClerk's Office and 

approved by the Council prior to being given any force or 

effect. 

(s) To operate, manage, use, and control, including 

entering into leases as herein before provided, such real 

or personal property which the Council shall assign to its 

use. 

(t) To use such name as may be approved by the Council in 

any of its business activities within or without the tribal 

jurisdiction, and to incorporate or hold stock in such 

other corporations as may be necessary or convenient. 

(u) To exercise, in conformity with Tribal law, the power 

of eminent domain excepting land or interest therein held 

by any other agency of the Tribe, in order to further the 

purposes and powers express in this Title. 

(w) To operate Bingo Games in the manner provided for by 

this Title at a particular Bingo Facility and Site approved 

by the Council. 

Section 408. Duties of the Binuo Manauer 

It shall be the duty of the Bingo Manager to manage and 

conduct all Bingo Games of the Tribal Bingo Operation in a 

fiduciary capacity to maximize the Revenues of said operation, to 

cause to be prepared and submitted to the Council such reports as 
may be required by law, to account for all monies and property 

entrusted to the Tribal Bingo Operation, to collect and pay over 

all taxes due the Tribe and all assessments due the Commission and 

the Bingo Board, and to perform any other duties as may be required 

by law. 

Section 409. Suv~lies and Ecnrivment 

Subject to the approval of the Council, the Manager may 

incur such expenses and purchase such equipment as may be necessary 

for the conduct of the Tribal Bingo Operation. All equipment 

purchases shall be the property of the Tribe. 

Section 410. Location of Binuo Sessions 

All games and sessions of Bingo conducted by a Bingo 

Operation shall be conducted at a Bingo Facility approved by the 

Tribe within the territorial jurisdiction of the Tribe for that 

Bingo Operation. 

Section 412. Report of Winners 

The Bingo Manager shall file with the Treasurer a list of 

each winner or winners of any game of Bingo at each session of 

Bingo. The list shall be itemized by session and game and shall 

include the name of the winner, the address of the winner, the 

social security number of the winner, the amount or fair market 

value of the prize won, and the method of identification from the 

driver's license or other acceptable identification of the winner 

prior to issuing the prize to the winner. It shall be the duty of 

the Manager to comply with 25 U.S.C. § 2719(d). 

Section 413. Report of Receipts and Disbursements 

The Bingo Manager shall file with the Treasurer a verified 

report of all receipts and disbursement of all funds relating to 

said Bingo games or sessions. At the time of filing said report, 

the Manager shall deposit with the Treasurer the Net Revenues of 

the Bingo Operation for the reporting period. Such report shall 

contain an itemized list of all Gross Receipts from Bingo Games 

conducted, Concessions, and any and all related activities. Such 

reports shall also contain an itemized list of all disbursements 

including but not limited to Operating Costs, Equipment Costs, 

Facilities Costs, materials, supplies, and equipment furnished and 

prizes paid. 

Section 414. Verification of Report 

The Bingo Manager shall verify the accuracy of each report 

submitted to the Treasurer. 
Section 415. Time for Bubmission of Reports 

Unless the Council shall by rule require reports from the 

Bingo Operation on a monthly basis, the Bingo Manager shall submit 

reports for each week not later than the close of business on 

Wednesday of the next week after the Bingo games or session to be 

reported. 

Section 416. Deposit of Binao Monies 

A. The Manager shall deliver all monies received, less 

amounts retained for petty cash, the bank(s), and other cash funds 

approved by the council, on a same day basis to the Tribal 

Treasurer. The Treasurer shall issue a written receipt for said 

monies to the Manager. 

B. The Treasurer shall deliver all monies received from the 

Bingo Operation to the Accounting Office on a same day basis for 

deposit in the Tribal Gaming Funds Account. The Accounting Office 

shall issue a written receipt for said monies to the Treasurer. 

C. The Accounting Office shall deposit said monies in the 

special gaming account required by this Title on a same day basis. 

Section 417. No Tribal Liability 

Neither the Tribe, nor its officers, agents, or agencies, 

shall be responsible for the debts or liabilities of any Bingo 

Operation, it being the intent of the Council that each Bingo 

Operation shall be a corporate entity solely responsible (with its 

Contractor when provided for by contract) for its own debts, torts, 

and other liabilities, and subject to suit in its own name to the 

extent explicitly provided for by this Title. 

Section 418. A~pro~riations for Binao O~eration 

The Council may appropriate such sums as may be necessary 

for the function of the Bingo Operation based upon a written budget 

request submitted by the Manager through the Treasurer. The 

Council shall not be bound by any requested budget when making such 

appropriations. 

Section 419. mplo~ee Grievances 

Any employee of a Tribal Bingo Operation aggrieved by a 

decision of the Manager or Contractor with respect to promotion, 

retention, termination, or violations of the Bingo Operation's 

personnel policies may appeal such decision to the Court naming the 

Manager or Contractor and the Bingo Operation as the sole 

defendants. In such cases, the Court may grant declaratory and 

injunctive relief against the Manager, Contractor, or Bingo 

Operation as may be appropriate. 
CHAPTER FIVE 

MANAGEMENT CONTRACTS 

Section A~~ointment of Contractor 

In lieu of hiring and appointing a Manager for a particular 

authorized Bingo Operation, the Council may enter into an Agreement 

with a Contractor to provide for the management and administration 

of that Bingo Operation upon such terms and conditions not 

inconsistent with the Act or this Title as the Council may deem 

appropriate. 

Section 502. Duties of the Contractor 

It shall be the duty of the Contractor: 

A. To manage and conduct all Bingo Games of the Bingo 

Operation for, which the Contractor has management responsibility 

in a fiduciary capacity to maximize the Revenues of said Bingo 

Operation, to cause to be prepared and submitted to the Council 

such reports as may be required by law or contract, to account for 

all monies and property entrusted to the Bingo Operation for which 

the Contractor has management responsibility, to collect and pay 

over all taxes due the Tribe, and all assessments due the 

Commission, and to perform any other duties as may be required by 

law or contract. 

B. To perform all the duties of a Manager imposed by law. 

Section 503. Reauirements for Manauement Contracts 

Every Agreement for the management of a Tribal Bingo Operation 

shall provide: 

A. for adequate accounting procedures that are maintained, 

and for verifiable financial reports that are prepared, by or for 

the tribal governing body on a monthly basis; 

B. for access to the daily operations of the gaming to 

appropriate tribal officials who shall also have a right to verify 

the daily gross revenues and income made from any such tribal 

gaming activity; 

C. for a minimum guaranteed payment to the Tribe that has 

preference over the retirement of development and construction 

costs; 

D. for an agreed ceiling for the repayment of development 

and construction costs; 

E. for a contract term not to exceed five years, except 

that, upon the request of an Indian tribe, the Chairman may 
authorize a contract term that exceeds five years but does not 

exceed seven years if the Chairman is satisfied that the capital 

investment required, and the income projections, for the particular 

gaming activity require the additional time; and 

F. for grounds and mechanisms for terminating such 

contract, but actual contract termination shall not require the 

approval of the Commission. 

And every Agreement with a Contractor for the management of 

a Bingo Operation shall be deemed to contain said provisions 

whether or not such provisions are reproduced in said management 

contract. 

Section 504. ~ice'nsinu Reauired 

No Contractor may enter into its duties until it has 

satisfied all applicable licensing requirements for a Contractor 

License, a Facility License, and licenses for its Primary 

Management Officials and Key Employees. General Employee licenses 

shall be secured before new employees are allowed to actually begin 

work. 

Section 505. License Locations 

The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where Class I1 gaming is 

conducted under this ordinance. 
CHAPTER SIX 

NONPROFIT BINGO 

section 601. Licensinu of Certain Nonprofit Orcranizations 

The clerk of the Court shall be authorized to issue a license 

to conduct bingo games to any organization that is a bona fide 

religious, charitable, labor, fraternal, educational organization 

or any branch, lodge, chapter or auxiliary thereof or any veterans1 

or firemen's organization which operates without profit to its 

members, and provided that such organization has been in existence 

for not less than two (2) years prior to making application for 

license and is exempt from tax under paragraphs (3) , (4) , (5) , (6) , (7), (8), and (19) of subsection (c) of Section 501 of the Internal 

Revenue Code of 1954, as amended, if no part of the receipts 

derived from such activity, except actual expenses incurred in the 

conduct thereof, is to inure to the benefit of any individual 

shareholder, member or employee of the organization, except as 

compensation for actual expenses incurred by him in the conduct of 

such activity and provided that such game is conducted or operated 

by the officers, employees or members of such organization without 

compensation therefor other than that to which the officer, 

employee or member is entitled for the performance of his regular 

duties, and not by agreement or contract with any other person or 

organization for which any consideration or compensation is 

provided. 

Section 602. License Not to be Leased or Assiuned--Persons 

Sellinu Concessions to Obtain Sales Tax Permit 

The license to conduct a Bingo Game shall not be leased or 

assigned to a commercial establishment. Provided, persons selling 

food, drink or any other concession items at any location at which 

Bingo Games are authorized under the provisions of this chapter 

shall be required to obtain a sales tax permit pursuant to the 

provisions of the Tribal tax laws prior to such sale. 

Section 603. Avvlication for License--Form--Information 

Reauired--Fees--Renewals--Protests--Lease, 

Assiunment or Sale of License Prohibited--Felons 

Any organization or association may apply to the clerk of the 

Court for a license to conduct Bingo Games. The application shall 

be on such form as designed by the Judges of the Courts and shall 

state sufficient facts to enable a determination as to whether the 

license should be issued. Except in the case of churches which are 

naturally immune from taxation according to the Internal Revenue 

Code, said application shall be accompanied by a copy of the Tribal 

sales tax permit in the name of the organization, a copy of a 

letter or other certificate from the Internal Revenue Service 

wherein it is recognized that the applicant or parent organization 

or association of the applicant is a nonprofit organization and 
exempt from payment of federal income taxes, a copy of the minutes 

of a meeting of such applicant designating current officers of such 

organization or association and their terms of office; a copy of 

the minutes of a meeting of such applicant authorizing the 

application for a bingo license; a certified copy of the 

applicant's articles of incorporation or corporate trade name 

report or the organizations constitution and bylaws, if 

unincorporated under Section 501(c)(5) of the Internal Revenue 

Code; and a copy of the federal identification number of the 

applicant or of the parent organization or association of the 

applicant. Said application shall state that the applicant is an 

organization or association which has been in existence for longer 

than two (2) years continuously immediately preceding the date of 

such application; that it proposes to conduct bingo at a specific 

location and setting forth such location, provided, no more than \ 

three licenses may be issued for any one location or building. 

Except that different organizations may conduct bingo at a single 

location for pot to exceed six (6) days a week, however, bingo 

shall not be conducted more than two days in a given week on a 

single license, no license shall be issued if a license has 

previously been issued and has not expired or been revoked pursuant 

to the provisions of this chapter for the location specified in the 

application; that no commission, salary, compensation, reward or 

recompense will be paid to any person for conducting such games 

except when the recompense will be paid to any person for 

conducting such games except when the conducting of such games is 

only incidental to the regular employment of employees of such 

organization; that the applicant will abide by all the provisions 

of this chapter. Said application shall also state the name and 

address of some person authorized to receive notice in behalf of 

said licensee. All of the requirements provided for in this 

section shall be sworn and attested to by a designated principal 

officer of said non profit organization or association or by the 

attorney of record for the organization or association. The 

applicant applying for such license shall pay to the court clerk a 

fee of Thirty Dollars ($30.00) for the issuance of the initial 

license. At the end of one (1) calendar year from the date of the 

issuance of the initial license, the licensee shall renew such 

license for a period of one (1) year. A charge of Seven Dollars 

and fifty cents ($7.50) per year shall be charged for the issuance 

of such renewal license. All such fees shall be deposited in the 

court fund. Upon application being filed, the court clerk shall 

give five (5) days1 notice by causing the same to be posted on the 

front of the building in which such bingo games are to be 

conducted. A copy of said notice shall be mailed to the district 

attorney, the sheriff and the chief of police or marshal1 of any 

city or town in which said bingo games are to be held and the Bingo 

Board. Said notice shall contain the name of the applicant and the 

location of said place of business and the time and place the said 

clerk will act upon said application. If there are no protests and 

the application is sufficient on its face, then said license shall 

be granted by the court clerk. Provided, that if any citizen of 
the county or member of the Tribe files a written protest setting 

forth objections, then the court clerk shall advise the chief judge 

who shall hear the application or assign such application to a 

district judge or associate district judge or special judge for 

hearing. Said hearing shall be held within thirty (30) days and 

after due notice. The application for such license must be in 

writing and verified by the presiding officer of the applicant 

organization. All testimony before the tribal court shall be under 

oath. 

A license granted pursuant to the provisions of this section 

shall not be leased, assigned, sold or transferred to any other 

organization, person or entity of any nature and no bingo game 

shall be administered or conducted pursuant to the provisions of 

this chapter except by the organization to which a license has been 

issued. 

An applicant organization shall be denied a license if any 

officer of the organization has been convicted of a felony, gaming 

offense, or crime involving moral turpitude pursuant to the laws of 

the United States, any Indian tribe, or any state. 

Section 604. Annual Report--Contents--Other Reports 

Prior to April 1 of each year, every organization which has 

conducted bingo games pursuant to the provisions of this Chapter 

shall file a report with the Tribal Tax Commission on forms 

provided by the Tribal Tax Commission. The report shall contain 

the following information: 

1. The gross receipts received by the organization in 

conducting the bingo games; 

2. The amount of the gross receipts given or to be given 

to the purpose represented by the organization; 

3. The aggregate amount paid or to be paid for the expenses 

of conducting the bingo games; and 

4. Any other information required by the Tribal Tax 

Commission. 

An organization which maintains its books on other than a 

calendar year basis, upon application to the Tribal Tax Commission, 

may be permitted to file its report within ninety (90) days after 

the close of its fiscal year. The report when filed shall be a 

public record in the Office of the Tribal Tax Commission. 
Section 605. License Fees Not Required for Limited Activity 

Any organization qualifying under the provisions of this 

chapter which conducts bingo activities three times or fewer per 

year shall, upon filing of a verified application with the court 

clerk, signed by the executive officer of said organization setting 

forth that said organization shall conduct bingo activities three 

times or fewer per year and the dates and times and location 

wherein such activities shall occur, shall be exempt from the 

payment of any license fees provided in this chapter; provided, 

however, that such organization shall be subject to all other 

provisions of this chapter. 

Section 606. Revocation of License 

The Tribal Prosecutor may file a petition in the Tribal court 

to revoke the license of any licensee alleging the violation by the 

licensee, its agents, officers or employees of any of the 

provisions of this Title. Thereafter, following at least ten (10) 

days' notice by certified mail to the person designated to receive 

such notice in the application filed to obtain the license sought 

to be revoked, the Court, sitting without jury, shall hear said 

petition and enter its order thereon. If said license is revoked, 

said licensee shall not be permitted to reapply for another license 

hereunder for a period of one (1) year from date of revocation. 

Provided that notwithstanding any other provisions of this chapter, 

any licensee whose license has been previously revoked one time 

shall pay the sum of One Hundred Fifty Dollars ($150.00) as renewal 

fee and the sum of Three Hundred Dollars ($300.00) for any renewal 

following a second or subsequent revocation. 

Section 607. Limitation on A~vlicants 

No applicant whose existence as an organization is less than 

two (2) years shall be granted a license. 

Section 608. Payment of Commissions, Salaries, etc. Prohibited 

Exception 

No licensee shall pay any commission, salary, compensation, 

reward or recompense to any person for conducting bingo except when 

such conducting is only incidental to the regular employment of 

such employees of such licensees, and in no event shall commission, 

salary, compensation, reward or recompense, either directly or 

indirectly, be based upon a percentage of the receipts accruing to 

such licensee by virtue of such bingo operation. Provided, that 

employees of a nonprofit organization may be paid a fair and 

reasonable wage for their actual time spent conducting bingo. 
No licensee shall employ in any capacity a person who has been 

convicted of a felony, gaming offense, or crime involving moral 

turpitude pursuant to the laws of the United States, any Indian 

tribe, or any state. 

Bection 609. Fair and Reasonable Rental for Premises 

No licensee shall pay more than the fair and reasonable rental 

value for premises rented or leased for the purpose of conducting 

bingo. In no case shall such fair and reasonable rental value be 

based on a percentage of the receipts accruing to such licensee by 

virtue of such bingo operation. 

Section 610. Sunday Binuo Prohibited--Hours 

No bingo shall be conducted by any licensee on the first day 

of the week, commonly known and designated as Sunday. No bingo 

shall be conducted between the hours of midnight and 10:OO a.m. on 

weekdays. 

Section 611. Limitation on Sessions and Prizes 

No licensee may conduct more than one session per day, each 

session not to exceed thirty bingo games per session nor may any 

licensee conduct b:ingo games in excess of two (2) days per week. 

At each location each day, a single game of bingo shall not be 

conducted pursuant to more than one license. No prize greater in 

the amount or value than Five Hundred dollars ($500.00) shall be 

offered or given in any single game of bingo conducted under any 

such license and the aggregate amount of all prizes offered or 

given in all games played in a single session under any such 

licensee shall not exceed Three Thousand Dollars ($3,000.00) 

Section 612. Intoxicatinu and Non-intoxicatinu Beveraues 

Prohibited 

No licensee shall sell, serve or permit to be consumed any 

intoxicating and nonintoxicating beverages as defined in the laws 

of Oklahoma in any room or outdoor area where bingo is conducted 

during the time that it is so conducted. 

Section 613. License Reauired--Admission Charues 

A. No person, except a licensee operating pursuant to this 

chapter shall conduct any game of bingo for which a charge is made. 

B. No licensee shall collect an admission charge for 

admittance to the premises where any game of bingo is conducted. 
Section 614. Min~rs 

No minor shall be permitted to play bingo unless accompanied 

by a parent or guardian except when such game of bingo is conducted 

by an organization exempt from the license fee as provided by 

Section 404 hereof. 

Section 615. Discrimination Prohibited 

No licensee shall practice racial or sex discrimination at any 

game of bingo. 

section 616. Penalties 

Any violation of this chapter is hereby declared to be a 

public nuisance. Any person violating the provisions of this 

chapter except as otherwise provided in this section shall be 

guilty of a misdemeanor and shall, upon conviction thereof, be 

punished by confinement in the Tribal jail for a period of time not 

to exceed one (1) year and by a fine of not less than Two Hundred 

Dollars ($200.00) and not more than Two Thousand Dollars 

($2,000.00), or by both such fine and imprisonment. 

Section 617. Additional LicensintY Reauirements Imposed bv the 

- Act 

A. Not less than 60 percent of the net revenues of such 

nonprofit bingo shall be paid over to the Tribal Treasurer's office 

for deposit in theTribels bingo revenue account. 

B. The income to the Tribe from nonprofit gaming must be used 

only for the same purposes as other gaming income under the Act. 

C. The Operator of the nonprofit bingo shall pay an 

appropriate assessment to the Commission as required by the Act. 
CHAPTER SEVEN 

Section 700. Rt3~0al 

To the extent that they are inconsistent with this ordinance, all 

prior gaming ordinances are hereby repealed.