December 3,2012 

Chief Thomas E. Gamble 

Miami Tribe of Oklahoma 

P.O. Box 1326 

Miami, Oklahoma 74355 

Re: Miami Tribe of Oklahoma Amended Gaming Ordinance, Resolution 12-46 

Dear Chief Gamble: 

This letter responds to your letter, dated October 1 8,20 12, and received on October 1 9, 

2012, seeking review and approval of amendments to the Miami Tribe of Oklahoma's 

Gaming Ordinance ("Ordinance'", which were adopted by Tribal Resolution 12-46. The 

amendments allow the Tribe's Gaming Commission to set vendor licensing fees; clarify 

patron dispute resolution procedures; and update contacts for service of process. The 

amendments also update the language of the Privacy Act and false statement notices on 

the Tribe's employment and licensing application forms for primary management 

officials and key employees. 

We appreciate that the Tribe brought the Ordinance amendments to our attention. The 

Tribe's amended Ordinance is approved, as the amendments are consistent with the 

requirements of the Indian Gaming Regulatory Act and the NIGC's regulations. If you 

have any questions or require agi@peZ pleq cgntact Weine Zebel1,-Senior 

Attorney, at (202) 632-7003. 

Sincerely, 

/I 

Tmie L. Stevens 

Chairwoman 
Miami Tribe of Oklahoma 

P.0, Box 13Z&Miarni, Oklahoma 7~3 

Ph: 98-flZ-w Fax: 98-fl2-72&0 

RESOLUTION 12-46 

A RESOLUTION AUTHORIZING THE 

MIAMI TRIBE OF OKLAHOMA AMENDED GAMWG ORDINANCE 

WHEREAS: The Miami Tribe of Oklahoma is a federally recognized Indian Tribe, organized 

under the Oklahoma Indian Welfare Act of 1936, with a Constitution and By-Laws approved by 

the U.S. Secretary of the Interior on February 22, 1996; and, 

WHEREAS: The Business Committee of the Miami Tribe of Oklahoma is empowered to act on 

behalf of the Tribe in all matters which the Tribe is empowered to act on, under Article VI of the 

Constitution and By-Laws; and, 

WHEREAS: The Miami Tribd Business Committee is the supreme governing body of the 

Miami Tribe of Oklahoma with the authority to enact laws and ordinances and to interpret 

provisions of the Constitution and By-Laws; and, 

WHEREAS: The Business Committee of the Miami Tribe of Oklahoma previously passed 

Resolution 93-44 (passed 8/23/1993), An Act Relating to Miaim Tribe of Oklahoma regarding 

Regulation and Licensing of Gaming on Indian Lands; and, 

WHEREAS: The Business Committee of the Miami Tribe of Oklahoma previously passed 

Resolution 93-45, supplements to Miami Class I1 Gaming Ordinance (passed 8/23/1993); and, 

WHEREAS: The Business Committee of the Miami Tribe of Oklahoma previously passed 

Resolution 94-55, An Act Relationg to Miami Tribe af Oklahoma Regarding Terms of Class I11 

Gaming Operations on Tribal Lands (passed 9/19/1994); and, 

WHEREAS: The Business Committee of the Miami Tribe of OkIahoma previously adopted 

Resolution 97-02, an "Act Relating to Miami Tribe of Oklahoma Regarding Terms of Class I1 

and Class 111 Gaming Operations, Supplements to Maimi Class I1 Gaming Ordinance 93-44 

(8/23/1993) and Class III Gmaing Ordinance 94-55 (911911994) Providing for Licensing of 

Individually Owned Gaming Operations Other Than Those Operating on September 1, 1986 

(passed 10/08/1996); and, 

WHEREAS: The Business Committee passed Resolution 12-32, A Resolution Authorizing an 

Amended Miami Tribe of Oklahoma Gaming Ordinance to to reformat and update the Tribe's 

Gaming Ordinance; to specifically allow the Miami Tribe of Oklahoma Gaming Commission to 
set vendor licensing fees (Section 19); to clanfy patron dispute resolution procedures (Section 

23); and to update service of process contacts (Section 34); and, 

WHEREAS: The National Indian Gaming Commission, after receiving and reviewing the 

Amended Gaming Ordinance submitted with Resolution 12-32, requested the Tribe recind the 

submission and re-submit an Amended Ordinance to include specific statutory Ianguage related 

to the employee license application forms notification requirements in Section U1@)(1-3) of the 

Amended Gaming Ordinance. 

WHEREAS: The Amended Gaming Ordinance submitted with this Resolution 12-46 contains 

the required statutory lanugage in Section m@)(l-3). 

THEREFORE, BE IT RESOLVED the Business Cownittee of the Miami Tribe of Oklahoma 

hereby approves the proposed Miami Tribe of Oklahoma Amended Gaming Ordinance with 

changes to Section 20@)(1-3). I 

THEREFORE, BE IT FURTmR RESOLVED the Chief of the Miami Tribe of Oklahoma is 

authorized to forward this Amended Gaming Ordinance and this Resolution to the Chairwoman 

of the National Indian Gaming Commission for approval as ~equired by 25 CFR 5 522.4 for 

Class I1 and 25 CFR 5 522.6 for Class 111. 

THEREFORE, BE IT FINALLY RESOLVED AND ENACTED by the Miami Tribal 

Business Committee that the following Miami Tribe of Oklahoma Amended Gaming Ordinance 

shall be adopted immediately, submitted to the National Indian Gaming Commission 

Chairwoman for her approval (within 15 days), pursuant to CFR 5 522.3, and shall become 

effective upon approval. 

CERTIFICATION 

I hereby certify that the foregoing Resolution was passed at a regularly scheduled monthly 

meeting of the Elected Council of the Miami Tribe of Oklahoma on October qs ,2012 

with a vote of 4 for, - O - against and - 0 - abstaining. 

I' 

Thomas E. Gamble, Chief 
MIAMI TRIBE OF OKLAHOMA 

AMENDED GAMING ORDINANCE 

Approved by Resolution 12-46 

The Miami Tribe of Oklahoma Gaming Ordinance is amended to read as follows: 

SECTION 1: CrrATlON 

This Ordinance shall be known and may be cited as the "Miami Tribe of Oklahoma Gaming 

OrdinanceJ' and shall apply to all forms of gaming conducted on tribal lands of the Miami Tribe 

of Oklahoma. 

The Miami Business Committee of the Miami Tribe of Oklahoma (hereinafter the "TribeJ1), 

empowered by the Constitution and By-Laws of the Miami Tribe of Oklahoma to enact 

Ordinances, hereby enacts this Ordinance in order to set the terms for all forms of gaming 

conducted on tribal lands of the Miami Tribe of Oklahoma. 

SECTION 2: PURPOSES 

The purpose of this Ordinance is to promote the public order, peace, safety and welfare of all 

persons coming within the jurisdiction of the Miami Tribe of Oklahoma, to provide a safe and 

wholesome means of recreational activity in a community setting, to provide a source of 

revenue for the operation of the programs and departments of the Tribal government by 

ensuring that any gaming activity conducted whether Class I, II, or Ill, is fair, responsible, and 

consistent with applicable federal law including the regulations and guidelines established by 

Public Law 100-497, known as 'The Indian Gaming Regulatory ActJ' ("IGRA"), and/or any TribalState Compact to which the Tribe is a party. This Ordinance shall be liberally construed to 

promote these purposes. 

SEC'RON 3: DEFINITIONS 

Unless the context clearly indicates a different meaning, the following words are defined as: 

"Tribe" (and any of its derivations) means the Miami Tribe of Oklahoma. 

b. "Class I Gaming" means social games played solely for prizes of minimal value, or 

traditional forms of lndian gaming engaged in by individuals as a part of or in connection with 

Tribal ceremonies or celebrations. 

"Class II GamingJ' means 
(1) "Bingo," which means a game of chance (whether or not electronic, 

computer, or other technologic aids are used in connection therewith) 

(a) Played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

(b) In which two (2) or more players must be competing for a game to 

begin, 

(c) In which the holder of the card covers such numbers or 

designations when objects similarly numbered or designated, are 

drawn or electronically determined, and 

(d) In which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such 

cards, including (if played in the same location) pull tabs, lotto, 

punch boards, tip jars, instant bingo, and other games similar to 

bingo, and 

"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 limitations on wagers 

or pot size in such card games. 

(3) The term "Class II Gaming" does not mean: 

(a) Any house-banked card games, including baccarat, chemin de fer, 

or blackjack (21), or 

(b) Electronic or electromechanical facsimile of any game of chance which 

can be played as a standalone slot machine. 

"Class Ill Gaming" means all forms of gaming that are not Class I or Class II but 

are now or hereafter permitted by the State of Oklahoma. 
"Commission" means the Miami Tribe of Oklahoma Gaming Commission as 

established by this Ordinance. 

"Commissionef' means a duly appointed member of the Miami Tribe of 

Oklahoma Gaming Commission. 

"Compact" means the 2005 Tribal-State Compact between the Tribe and the 

State of Oklahoma and any future amendments or successor compact entered 

into by the Tribe and State and approved by the Secretary of the United States 

Department of Interior. 

"Court" means the courts of the Miami Tribe of Oklahoma. 

"Director of Tribal Gaming" means the manager of the Miami Tribe of Oklahoma 

gaming facilities. 

"ExpensesJ' means all sums actually expended and reasonable and necessary for 

the gaming operation including, by example, supplies, equipment, non-cash 

prizes, facilities, security services, license fees, rent, employees and other 

personnel services. 

"Games, Gaming, or Gaming ActivityJ' means all forms of any activity, operation, 

or game of chance that is considered Class II or Class Ill Gaming, provided that 

this definition does not include Class I Gaming. 

"Gross Revenue" means the total revenues from the operation of gaming 

including among other things, entry fees, special session fees, proceeds from the 

sale or rental of gaming cards or supplies, sale of food or drink and similar items. 

"Key Employee" (and Primary Management Official) means: A person who 

performs one or more of the following functions: Bingo caller; counting room 

supervisor; chief of security; custodian of gaming supplies or cash; floor 

manager; pit boss; dealer; croupier; approver of credit; or custodian of gambling 

devices including persons with access to cash and accounting records within such 

devices; any person having management responsibility for a management 

contract, any person who has authority to hire and fire employees; any person 

with financial authority; the chief financial officer or other person who has 

financial management responsibility; a person whose total cash compensation is 

in excess of $50,000 per year; or the four (4) most highly compensated persons 

in the gaming operation. 
"Net Revenues" means gross revenues of a gaming activity less amounts paid out 

as, or paid for, prizes and total operating expenses including debt service but 

excluding management fees paid to a management contractor within the 

meaning of 25 U.S.C. § 2711 (C). 

"NIGC" means the National Indian Gaming Commission. 

"Primary Management Official" means: A person who performs one or more of 

the following functions: Bingo caller; counting room supervisor; chief of security; 

custodian of gaming supplies or cash; floor manager; pit boss; dealer; croupier; 

approver of credit; or custodian of gambling devices including persons with 

access to cash and accounting records within such devices; any person having 

management responsibility for a management contract, any person who has 

authority to hire and fire employees; any person with financial authority; the 

chief financial officer or other person who has financial management 

responsibility; a person whose total cash compensation is in excess of $50,000 

per year; or the four (4) most highly compensated persons in the gaming 

operation. 

State means the State of Oklahoma, its authorized officials, agents and 

representatives. 

Tribe means the Miami Tribe of Oktahoma. 

SECTION 4: GAMING PROHIBITED 

Except as provided herein no person shall conduct any form of gaming within Tribal Indian 

Country for which a charge is made or other consideration requested or required for 

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

SECTION 5: GAMING AUTHORiZED 

The only form of gaming allowed within Tribal jurisdiction is gaming duly licensed and 

authorized by the Tribe through the Miami Tribe Gaming Commission and subject to the 

regulations of the Tribe and the Indian Gaming Regulatory Act, or any Tribal-State compact for 

Class Ill Gaming approved by the Chairman and the Secretary of the Interior. 

SECTION 6: OWNERSHIP OF GAMING OPERATIONS 

The Tribe shall have sole proprietary interest in and be responsible for conduct of all gaming 

operations. The Miami Business Committee administers the Tribal gaming operations 
consistent with this Ordinance. The Gaming Commission regulates and monitors compliance 

with this Ordinance, any Tribal-State compacts, and all applicable federal or Tribal laws on 

behalf of the Tribe. 

SECTION 7: MANAGEMENT OF GAMING OPERATION 

All gaming operations shall be administered by the Director of Tribal Gaming who is emplayed 

by Miami Nation Enterprises (MNE), a subordinate economic enterprise of the Miami Tribe of 

Oklahoma. The Director of Tribal Gaming shall serve at the pleasure of MNE and the Tribe. 

SECTION 8. LICENSE FOR LOCATION 

No Class \I or Class Ill gaming shall be allowed at any location unless a separate license is issued 

by the Gaming Commission for such site. 

SECTION 9: PUBLIC SAFm STANDARDS 

In compliance with 25 U.S.C. 5 2710(b)(42)(E), the construction and maintenance of any gaming 

facilities, and the operation of gaming activities shall be conducted in a manner which 

adequately protects the environment and the public health and safety and for that purpose 

shall comply with the requirements of any applicable Tribal-State Compact and all other 

applicable health, safety and environmental standards enacted by the Tribe. 

SECTION 10: APPUCATION OF MET RNEMUES 

In compliance with 25 U.S.C. 4 2710 (b)(2)(B), net revenues from any gaming 

activity are not to be used for purposes other than: 

1. To fund Tribal government operations or programs; 

2. To provide for the general welfare of the Tribe and its members; 

3. To promote Tribal economic development; 

4. To donate to charitable organizations; 

To help fund operations of local Government Agencies; or 

6. Any other purpose permitted under the Act. 

If the Tribe elects to make per capita payments to Tribal members, it shall 

authorize such payments only upon approval of a plan submitted to the 

Secretary of Interior under 25 U.S.C. 5 2710 (b)(3). 
SECflON 11: AUDIT 

The Tribe shall cause to be conducted annually an independent audit of gaming 

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

Gaming Commission. 

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

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

legal and accounting services, shall be specifically included within the scope of 

the audit that is described in subsection (a) above. 

SECTION 12: ANNUAL AUDIT 

The Tribe will annually provide the NlGC and, if applicable, the State, with a copy of the portion 

of the audit prepared by the Tribe's independent auditor that relates to the gaming. This audit 

will include, among other matters, all contracts for supplies, services (except legal or 

accounting) or concessions in excess of $25,000 annually that relate to the gaming operation. 

SECTION 13: GAMING FACILITY RECORDS 

The Director of Tribal Gaming shall be responsible for storing and maintaining records 

concerning all gaming operations. These records shatl be audited annually per Section 11. 

SECTION 14: ESTABLISHMENT OF GAMING COMMISSION 

The Miami Tribe of Oklahoma Gaming Office and Gaming Commission ("Gaming 

Commission") having been previously established under prior gaming Ordinance 

93-45 (8/23/93), shall continue to act as the regulatory body of the Tribe. 

The Gaming Commission shall constitute no less than three (3) nor more than 

five (5) members to be appointed by the Chief acting as the Chairman of the 

Miami Business Committee. Commission members will serve for a period of two 

(2) years. The Commission shall elect from among its members a Chairman. The 

Commission shall have the power to generally oversee the Chairman and the 

tribal gaming office and review its actions for approval or ensure compliance 

with this Act and any regulations adopted and orders issued by the Commission. 

The Commission members shall submit to the conflict of interest provisions to 

disclose potential unethical situations. 

The Chairman or any other member of the Commission acting in the absence of 

the Chairman may, to protect the public interest and the integrity of the Miami 

6 
Tribe's gaming operations, issue in the name of the Commission, any order 

which the Commission has the power to issue, to the gaming operation or to any 

employee or contractor thereof or to any person within the jurisdiction of the 

Miami Tribe, to take any action or to cease and desist from taking any action as 

may be required to protect the public interest; provided that any Commission at 

its earliest opportunity, whereupon said order may be confirmed or vacated by 

the Commission. 

The Commission may appoint an individual to serve as a full time Executive 

Director of the Commission to administer its responsibilities on a day-to-day 

basis and ta oversee inspectors appointed by the Commission, as well as such 

other staff as the Commission may from time to time employ. 

SECTION 15: FUNCTION OF THE GAMING COMMlSSlON 

It shall be the responsibility of the Commission to promulgate regulations necessary to 

administer the provisions of this Act. The powers and duties of the Gaming Commission shall 

include, but not be limited to the following: 

a. To ensure that all gaming within Miami Tribal lands is operated in accordance with 

all applicable laws and regulations including the background checks and licensing of 

all employees of the gaming operation pursuant to 25 U.S.C. 558.1(b). 

b. The Gaming Commission shall be recognized as a law enforcement authority for the 

purpose of conducting background investigation and fingerprinting, enforcing 

regulations, and investigating incidents of possible cheating, fraud, theft, or 

collusion. 

c. Conduct background investigation on management officials, key tribal gaming 

employees, and vendors in accordance with IGRA, NlGC regulations, and or 

Tribal-State compact provisions and forward the results to the NlGC and/or State for 

review. 

d. Issue, ny, review, rescind, put conditions on, suspend or revoke any/all tribal 

gaming icenses including for management officials, key tribal gaming employees, 

and ven 4 ors. 

g. Promulgi 

and Triba 

te tribal gaming regulations in accordance with tribal and Federal law 

I-State compact requirements for gaming as needed. 
or approve Tribal Minimum Internal Control Standards (TICS) and approve 

procedures for the operation of the gaming facilities, including but not 

for cage and vault, credit table games, gaming devices, and security 

i. Maintai a sunreillance department and oversee all activities related to surveillance. t 

and procedures for proceedings including but not limited to 

and hearing officers for patron dispute hearings as 

and licensing hearings as described in Section 20 (h) and 

sly regulate and monitor gaming operations to ensure compliance 

Federal law, and Tribal-State compact requirements. 

nd/or conduct audits of the gaming facilities, including audits of service 

m. Conduct investigations of any kind in order to protect the public interest and the 

integrity of gaming operations, with unfettered access throughout the gaming 

operatia s, and take appropriate enforcement action, and make appropriate 

referrals to Tribal, State, and Federal law enforcement agencies. I 

n. Compel ny licensed employee, or any individual doing business with any gaming 

enterpri e to appear before it under oath to provide any information, documents or 

other m terial as required in writing by the Commission. i 

take testimony, take disciplinary actions, levy fines, impose 

and issue closure orders for violations of this Ordinance, the 

the NlGC Minimum Internal Control Standards and 

rules or procedure adopted by the Commission. 

p. Ban, bar or exclude patrons from gaming faculties. i 

q. Maintai a list of persons barred from the gaming facilities 1 

r. Oversee rotection of pubtic safety and the physical security of patrons. ! 

s. Review a d approve floor plans. I 

appropriate staff, subject to approval of the Business Committee, 

to carry out duties. 
u. Retain legal counsel or professional services, including investigative services, to 

assist the Commission with respect to any of the issues over which the Commission 

exercises jurisdiction. 

v. Commence any civil or criminal action necessary to enforce the provisions of the 

Ordinance. 

w. Prepare and submit to the Business Committee for approval an annual operating 

budget. 

x. Perform licensing responsibilities to the IRS as stated in Section 28 of this Ordinance 

and ensure proper reporting in accordance with Title 31 of the U.S. Code. 

y. Perform licensing responsibilities and duties assigned in Sections 20 and 21 of 

this Ordinance. 

z. Work cooperatively with all applicable Tribal, State, and Federal regulatory and law 

enforcement agencies. 

SECTION 16: COMPENSATION 

The Gaming Commissioner shall be compensated at a rate established by the Business 

Committee. 

SECTION 17: MEEtlNGS 

Regular meetings of the Commission may be held upon such notice, or without 

notice, and at such time and place as shall from time to time be set by the 

Commission. 

Special meetings of the Commission may be called by the Chairman or any other 

Commissioner. A notice for a special meeting shall set the time and place, the 

business to be transacted, or the purpose of the meeting. 

Members of the Commission may preside in a meeting by means of conference 

telephone or similar communications. 

SECTION 18: QUORUM 

At any meeting of the Commission, a majority of the members then in office shall constitute a 

quorum for the transaction of business. The vote of a majority of the members present at the 

meeting at which a quorum is present shall be the act of the Commission. The Chairman shall 
preside at all meetings unless not present, in which case the Chairman shalt designate another 

member to preside in his/her absence. 

SECTION 19: GAMING COMMISSION FUNDING - LICENSING FEES 

The Gaming Commission functioning as an independent, non-profit entity shall be funded as 

follows: 

a. The Gaming Commission shall determine licensing fees to adequately operate and 

regulate, and shall propose a budget on an annual basis to the Secretarynreasurer 

of the Business Committee for approval. 

b. The Gaming Commission shall coflect any licensing fees required. Such fees shall 

become tribal revenues and will be specifically disbursed to the Gaming Commission 

budget as approved by the Business Committee. 

SECTION 20. EMPLOYEES LICENSED 

The Gaming Commissioner shall ensure that the policies and procedures set out in this section 

are implemented with respect to key employees and primary management officials employed 

at any gaming facility operated on tribal lands: 

Definitions. For the purpose of the section, the following definitions apply: 

(1) Key Employee means those key employees are defined in any statute or 

regulations and at a minimum includes: 

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 gambling devices including persons 

with access to cash and accounting within such devices. 

tf not otherwise included, and other person whose total cash 

compensation is in excess of $50,0000.00 per year; or 

(c) If not otherwise included, the four most highly compensated 

persons in the gaming operation. 
(2) Primory Management rnciool means: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority to hire and fire employees or to set 

up working policy far the gaming operation; or 

(c) The chief financial officer or other person who has financial 

management responsibility. 

Applications Forms 

Privacy Notice 

(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.A 5 2701 et. seq. The purpose of the 

requested information is to determine the eligibility of individuals to be granted a gaming 

license. The information will be used by the Tribal gaming regulatory authorities and by the 

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

the performance of their official duties. The information may be disclosed 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 issuance, denial, 

or revocation of a gaming license, or investigations of activities while associated with a tribe of 

a gaming operation. Failure to consent to the disclosures indicated in this notice will result in a 

tribe's being unable to license you for a primary management official or key employee position. 

The disclosure of your Social Security Number (SSN) is voluntary. However, failure to supply a 

SSN may result in errors in processing your application. 

(2) The Gaming Commission shall notify in writing existing key employees 

and primary management officials 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 notice. 

Notice Regarding False Statements 

(3) The Gaming Commission shall place the following notice on the 

application form for a key employee or a primary management official 

before that form is filled out by an applicant: 

"A false statement on any part of your license application may be grounds for denying a license 

or the suspension or revocation of a license. Also you may be punished by fine or 

imprisonment." (US. Code, Title 18 Section 1001). 

(4) The Gaming Commission shall notify in writing key employees and 

primary management officials that they shaH 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. 

Background Investigations: 

(1) The Gaming Commission shall request from each primary management 

official and from each key employee all of the following information: 

Full name, any other names used (oral and/or written), social 

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

all languages spoken or written; 

Currently and for the previous five years: Business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses, and driver's license 

numbers; 

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

references, including one personal reference that was acquainted 

with the applicant during each period of residence listed under 

paragraph (l)(b) of this section. 

(d) Current business and residence telephone numbers; 
(e) A description of any existing and previous 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 interest 

in those businesses; 

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

which the person had 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; 

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 charges is 

within 10 years of the date of the application and is not otherwise 

listed pursuant to Paragraph (1) (h) or (1) (i) of this section, the 

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

the date and disposition; 

(k) The names and address of any licensing or regulatory agency with 

which the person had filed an application for an occupational 

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

granted; 

(I) A current photograph; 

(m) Any other information the Gaming Commissioner deems relevant; 

and 

(n) Fingerprints consistent with procedures adopted by the Tribe 

according to 25 C.F.R. 3 522.2(h) which shall be submitted to 
check the criminal history records information maintained by the 

Federal Bureau of Investigation. 

(0) Any other information the Tribe deems relevant, 

Eligibility Determination. 

The Gaming Commission shall review all the information referred to in 

Subsection (c) of this section including but not limited to 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 Gaming Commission 

determines that employment of the person poses a threat to the public interest 

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

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

of gaming, a tribal gaming operation shall not employ that person. 

Procedures for forward in^ Applications and Report for Key Employees and 

Prirnarv Management officials to the National Indian Gaming Commission. 

(1) When a key employee or primary management official begins work at a 

gaming operation authorized by this Ordinance, the Gaming Commission 

shall forward to the National lndian 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 Gaming Commission shall forward the report referred to in this 

subsection to the NIGC within 60 days after an employee begins work. 

Report to the NIGC. 

(1) Pursuant to the procedures set out in Subsection (e) of this section, the 

Gaming Commission shall prepare for each employee and forward to the 

NIGC (unless the Tribe is approved for the NIGC's Pilot Program), an 

investigative report on each background investigation. An investigation 

report shall include all of the following: 

(a) Steps taken in conducting the background investigation; 

(b) Results obtained; 

(c) Conclusions reached; and 

14 
(d) The basis for those conclusions. 

The Gaming Commission shall submit, with the report, a copy of the eligibility 

determination made under Subsection (d) of this section. Should the 

Commission participate in the NlGC Pilot Program, only submission of the 

documentts) required by the NIGC shall be necessary. 

If a license is not issued to an applicant, the Gaming Commission; 

(a) Shall notify the NIGC; and 

(b) May forward copies of its eligibility determination and 

investigative report (if any) to the NlGC far the inclusion in the 

Indian Gaming Individuals Records System. 

With respect to key employees and primary management officials, the Gaming 

Commission shall retain applications for employment and reports (if any) of 

background investigations for inspection by the Chairman of the NlGC or his or 

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

employment. 

Granting a Gaming License. 

(1) If, within a thirty (30) day period after the NlGC receives a report, the 

NIGC notifies the Gaming Commission that it has no objection to the 

issuance of a license pursuant to license application filed by a key 

employee or a primary management official for whom the Gaming 

Commission has provided an application and investigation report to the 

NIGC, the Gaming Commission may issue a license to such applicant. 

(2) The Gaming Commission shall respond to a request for additional 

information from the NtGC concerning a key employee or a primary 

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

suspend the 3Cday period under Paragraph (1) of this section until the 

Chairman of the NlGC receives the additional information. 

(3) If, within the thirty (30) day period described above, the NlGC provides 

the Gaming Commission with a statement itemizing objections to the 

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

official for whom the Gaming Commission has provided an application 

and investigative report to the NIGC, the Gaming Commission shall 

15 
reconsider the application, taking into account the abjections itemized by 

the NIGC. The Gaming commission shall make the final decision whether 

to issue a license to such applicant. 

License Suspension. 

(1) If, after the issuance of a gaming license, the Gaming Commission 

receives from the NlGC reliable information indicating that a key 

employee of primary management official is not eligible for employment 

under Subsection (d) above, the Gaming Commission shall suspend such 

license and notify in writing the licensee of the suspension and the 

proposed revocation. 

(2) The Gaming Commission shall notify the licensee of a time and place for a 

hearing on the proposed revocation of a license. 

(3) After a revocation hearing, the Gaming Commission shall decide revoke 

or to reinstate a gaming license. The Gaming Commission shall notify the 

NlGC of its decision. 

SECTION 21: PROCEDURES FOR BACKGROUND INVESTIGATIONS 

The Gaming Commission is responsible for the conduct of the background investigations and 

suitability to determination for licensing of key employees and primary management officials. 

Organization Chart. 

(1) Gaming Commission. 

The Gaming Commission under this Gaming Ordinance shall be ultimately 

responsible for conducting and/or causing to be conducted the background 

investigations on key employees and primary management officials. The Gaming 

Commission may conduct the investigations personally or may employee Gaming 

Commission staff to conduct the background investigations on behalf of the 

Gaming Commission. The Gaming Commission shall review and approve the 

investigative work performed. The Gaming Commission shall make all 

determinations concerning the licensing of key employees and primary 

management officials. The results of the background investigation shall be 

submitted to the NIGC. 
(2) Licensing Agents and Background Investigators. 

Licensing Agents and Background Investigators may be employed by the Gaming 

Commission to assist in background investigations. Any investigators employed 

for background investigation will be under the supervision or the Gaming 

Commissioner or designee referred to in subsection (1) above. All report of 

the investigation will be forwarded to the Gaming Commissioner or designee, 

who shall make the reports a part of the Gaming Commissioner's final 

investigative report submitted to the NIGC. 

Investigation Procedures. 

(1) Information Required. 

The Gaming Commission shall secure from each key employee of primary 

management official applicant all information required by the Tribal Gaming 

Ordinance, federal law, and regulations. 

(2) Check List. 

The Gaming Commission shall create a checklist which shall be used in the 

verification process. This list shall indicate that each item of information 

received from the primary management official or employee applicant has been 

verified through written or oral communication. 

(3) Personnel 1 nterviews. 

In inquiring into the applicant's character, the Gaming Commission shall 

interview a sufficient number of knowledgeable people such as former 

employers, personal references, and any other individuafs which may have 

information as to the reputation, habits and associations of the applicant. The 

Gaming Commission shall interview as many individuals as is necessary (in no 

event shall the number of persons interviewed be less than three) sufficient to 

make a finding concerning the eligibility for employment in the gaming 

operation. 

Investigation Report 

(1) Content. 

The final investigative report shall identify all potential problem areas as 

discovered during the investigation and shall state that final resolution of each 

17 
problem area. Further, the final report shall specifically identify the information 

which formed the basis for the rejection or disqualification of any applicant. 

(2) Procedure. 

The final investigative report submitted to the NlGC shall set forth in detail the 

procedure followed by the Gaming Commission in conduction the background 

investigation. 

(3) Disclosure. 

The final report submitted to the National Indian Gaming Commission shall set 

forth in detail the results of the investigation, including the disclosure of all 

potential problems in the applicant's background and, in detail, the facts which 

demonstrate the existence of the problem. 

(4) Recommendation. 

The final investigation report shall state whether the applicant should be or 

should not be granted a license and shall state, in detail, the facts that support 

the grant, or denial of said license. 

SECFlON 22: HEARINGS 

Preliminary Determination. 

Whenever, upon preliminary factual finding, the Commission determines that 

any person has failed to comply with the provisions of this Ordinance or any 

regu tations promulgated hereunder, the Commission shall make a certification of 

finding with a written notice and copy of findings thereof provided to the 

subject(s) of that determination. Within thirty (30) days of receipt of the Notice 

the Commission shall hold a hearing. The subject shall have the opportunity to 

be heard and present evidence. The Commission shall have the right to enjoin 

and restrain illegal activities. 

Hearing. 

At the hearing it shall be the obligation of the subject to show cause why the 

preliminary determination is incorrect, why the application in question shall not 

be revoked or suspended, why the period of suspension should not be extended 

or to show cause why special conditions or limitations upon a license should not 
be imposed, or to show cause why any other action regarding any other person 

or persons subject to any action should not be taken. 

Final Determination. 

Following such hearing, the Commission shall, within thirty (30) days, reach a 

final determination concerning the accuracy of the preliminary certification of 

facts, and whether the license in question should be granted, continued, 

suspended, revoked, conditioned or limited, and whether or not any other action 

recommended to or by the commission (including but not limited to forfeitures 

or fines) should be taken. The action for the Commission will be the final action 

of the Miami Tribe. 

The subject shall be notified in writing within thirty (30) days following this 

determination. 

SECTION 23: PATRON DISPUTE RESOLUTION 

In the event of (a) an alleged personal injury or property damage suffered by the patrol of the 

gaming facility, or (b) a dispute between a patron and the gaming enterprise regarding the 

payment of bet or distribution of winnings, the patron may make a claim against the gaming 

enterprise as fallows: 

Personal Injury or Property Damage. 

(1) Making Claim. 

Any patron having a claim against the gaming enterprise for personal injury or 

property damage shall present a claim to the gaming enterprise far any 

appropriate relief including the award of money damages. Claims against the 

gaming enterprise are to be presented within ninety (90) days of the date of the 

injury or loss occurs. In the event a claim is not presented following ninety (90) 

days after the injury or loss occurs, but within one (1) year, any judgment in a 

lawsuit arising from the act which is the subject of the of the claim shall be 

reduced by ten (10) percent. A claim against the gaming enterprise shall be 

forever barred unless notice thereof is presented within one (1) year after the 

injury or the loss occurs. A claim against the gaming enterprise shall be in 

writing and filed with the Tribal Gaming Commission at the address of the 

gaming facility. Notices explaining this procedure shall be posted in the gaming 

facility. Such notices shall explain that this procedure is the exclusive method of 
making tort claims. Such notices shall explain that upon denial of the claim 

redress must be sought exclusively in Tribal Court. 

(2) Notice. 

The written notice of claims of the gaming enterprise shall state the following: 

(a) Date; 

(b) Time; 

(c) Place; 

(d) Circumstances of the claim; 

(e) The identities of the tribal or gaming employees, and witnesses as 

applicable, 

The amount of compensation or other relief demanded. 

The name, address and telephone number of the claimant; and 

The name, address and telephone number of any agent authorized to 

settle the claim. 

(3) Denial. 

A claim is deemed denied if the gaming enterprise fails to approve the claim in 

its entirety within ninety (90) days of receipt, unless the interested parties have 

reached a settlement before the expiration of that period. A person may not 

initiate suit against the gaming enterprise unless the claim has been denied in 

whole or part. The claimant and the gaming enterprise may continue attempts 

to settle a claim; however, settlement negotiations do not extend the date of 

denial. 

(4) Limitations. 

No action for any cause arising from personal injury or property damage shall be 

maintained unless valid notice has been giving and the action is commenced in a 

tribal court within 180 days after denial of the claim as set forth herein. Neither 

the claimant nor the gaming enterprise may extend the time to commence an 

action by continuing to attempt settlement of the claim. 
Patron Dispute - Payment of Winnings. 

(1) Administrative Process. 

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

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

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

the following order: 

(a) A member of the staff of the gaming enterprise. 

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

which the dispute arose. 

(c) The Director of Tribal Gaming of the gaming enterprise. 

(2) Patron Right Regarding Disputes. 

When a patron brings a dispute for resolution through the administrative 

process, the complainant shall have the right to explain his or her side of the 

dispute, and to witness in connection with any factual allegations. At each level, 

if the dispute remains unresolved, the complainant shall be informed of the right 

to take the dispute to the next higher level. Resolution of any dispute by the 

personnel of gaming enterprise shall always involve two (2) or more staff 

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

the staff persons involved to their supervisor, the Director of Tribal Gaming of 

the property, and to the Gaming Commission. 

(3) Refusal to Pay Winnings. 

Whenever the gaming enterprise refuses payment of alleged winnings to a 

patron and the Director of Tribal Gaming of that enterprise and the patron are 

unable to resolve the dispute to the satisfaction of the patron and the dispute 

involves: 

(a) At least Five Hundred Dollars ($500.00), the Director of Tribal 

Gaming shall immediately notify the Gaming Commission. The 

Gaming Commission shall conduct whatever investigation it 

deems necessary and shall determine whether payment should be 

made; or 
(b) Less than Five Hundred Dollars ($500.00), the Director of Tribal 

Gaming shall inform the patron on his or her right to request that 

the Gaming Commission conduct an investigation. Upon request 

of the patron, the Gaming Commission shall conduct whatever 

investigation it deems necessary and shall determine whether 

payment should be made. 

(4) Limitation of Liability. 

The liability of the gaming enterprise in any proceeding under these regulations 

shall be limited to the amount of the alleged winnings and a patron shall not be 

entitled to an award of special or punitive damages, or damages for mental 

distress. In addition, disputes relating to a patron's entitlement to a game prize 

shall be limited to the amount of such prize. The Gaming Commission's decision 

shall constitute the compiainant's final remedy. 

(5) Petition to the Gaming Commission 

Patrons who have complains against the gaming enterprise shall have as their 

final remedy the right to file a petition for relief with the Gaming Commission. 

Any patron complaint must be submitted in writing to the Gaming Commission 

within three (3) days of the incident giving rise to the complaint. The Gaming 

Commission shall then grant a hearing. 

(6) Hearing Procedures - Patron Disputes. 

The Gaming Commission shall establish hearing procedures as stated in Section 

22 that shall be used to hear and decide any petition for relief. The Gaming 

Commission shall then issue a written decision that shall be sent via certified 

mail to the patrol and the Director of Tribal Gaming of the enterprise. 

(7) Petition for Reconsideration. 

Within thirty (30) days after the date of receipt of the written decision, the 

aggrieved party may file a petition with the Gaming Commission requesting a 

review of the decision. The Gaming Commission may, at its discretion, set a 

hearing on the matter w may make a decision based solely upon the prior 

decision and dher documentation provided to it by the patron and the gaming 

enterprise. The decision of the Gaming Commission shall be final and binding 

upon the patrol and the gaming enterprise and shall not be subject to any 

further dispute resolution, judicial review, or any other legal action. 

SECTION 24: QUALIFICATIONS OF DIRECTOR OF TRIBAL GAMING 

22 
The Director of Tribal Gaming must: 

Never have been convicted of a felony, gaming offense, or crime involving 

dishonesty or moral turpitude. 

Not have been convicted of any offense except traffic violations within two years 

from the date of employment. 

Not be a member ofthe Business Committee or Grievance Committee or related 

to any member ofthe Business Committee or Grievance Committee by blood or 

marriage within the first degree. 

Not Rave his surety bond forfeited or been criminally convicted of or found civilly 

liable for any breach of fiduciary duty to the Tribe or have been impeached or 

removed from Tribal office. 

Be bondable in the necessary amounts. 

Meet any other applicable qualifications as prescribed in the Indian Gaming 

Regulatory Act. 

SECflON 25: DUTIES OF THE DIREmOR OF TRIBAL GAMING 

The duties of the Director of Tribal Gaming are to: 

Manage and conduct all forms of gaming and concessions of the Tribal gaming 

operation allowed under this Ordinance. 

Timely submit all reports required by the Business Committee and any applicable 

iaw. 

Account for all monies and properties entrusted to him/her. 

Perform any other duties established by the Business Committee. 

Develop and update written policies regarding all gaming activities to comply 

with Gaming Commission Tribal Internal Control Standards (TICS). 

Ensure that all regulations established by the Gaming Commission pertaining to 

gaming operations are adhered to. 

SECTION 26: CONDUCT OF GAMING OPERATIONS 
The Director of Tribal Gaming shall conduct the gaming operation consistent with the following: 

The rules of play and operation of the game as prescribed by and approved by 

the Gaming Commission. 

Each and every player has a fair and equal opportunity to win. 

The method of winning and the prize or prizes for each game should be clearly 

outlined before each game. 

The winner or winners of each game shall be verified in a manner that all present 

may witness. 

No person who is conducting or assisting in the gaming operation shall 

participate directly or indirectly in the play of the game. 

No person under (18) years of age shall be permitted to play for any reason. The 

Tribe may elect to ban patrons under the age of twenty-one (21) if alcohol is 

served on the gaming premises. 

He/she shalt make determination as to the validity of a winner or winners at the 

conclusion of the game at which they were a winner. If the Director of Tribal 

Gaming's decision is disputed, it will be forwarded to the Gaming Commission 

for the final resoIution. 

No alcoholic beverages or drugs of any kind shall be permitted in the facility 

during the time that the facility is being used for the gaming operation, unless 

the Business Committee has issued an Alcoholic Beverage License for onpremises consumption. 

Persons excessively intoxicated, under the influence of drugs, or in any violation 

of Tribal law or Ordinance shall be permitted neither to engage in any form of 

gaming nor to remain in the building when gaming is being conducted. 

Individuals who are banned by the Gaming Commission, the Director of Tribal 

Gaming, or through self-ban, shall not be permitted entrance to the gaming 

facility(s). 

SECTON 27: GAMING FACILITY EMPLOYEES 
The following shall apply to employees of the gaming facilities: 

All persons employed in the gaming operation shalt be licensed by the Gaming 

Commission as prescribed by the Indian Gaming Regulatory Act or any TribalState compact. 

Each employee wifl wear his or her license in a visible manner when operating or 

assisting in the operation of a gaming facility. 

No person shall be employed whose prior activity, criminal record, in any, or 

reputation, habits and associations pose a threat to the public interest or the 

effective regulation of gaming, or create or enhance the dangers of unsuitable, 

unfair or illegal practices and methods and activities in the conduct of gaming. 

As necessary, the Business Committee may require the Director of Tribal Gaming 

or any other "key" employee to be bonded in an amount not less than $50,000 

payable to the Tribe. 

Background investigations shall be conducted on the primary management 

officials and key employees as prescribed in the Indian Gaming Regulatory Act, 

federal regulations, or any Tribal-State compact for Class Ill gaming. 

The Director of Tribal Gaming shall employ qualified tribal members in 

preference to other equally-qualified applicants for work, but shall not be 

required to employ or retain in employment unqualified tribal members. 

SECTION 28: REPORT OF WINNERS 

No prize shall be awarded unless the winner has fairly won without any collusion 

with the Director of Tribal Gaming or any of his employees or agents. A receipt 

acknowledging acceptance and receipt of the prize awarded must be signed by 

any winner if it exceeds the amount designated by the Director of Tribal Gaming. 

The Director of Tribal Gaming has the authority to hold the payment of any 

winnings indefinitely until the final verification of authentic winning has been 

determined whether by inquiry or electronic means of validation upon the 

approval of the Gaming Commissioner or Business Committee. 

The Gaming Commissioner or designee shall ensure accurate and timely reports 

are sent to the Internal Revenue Service of any winnings at any gaming facility 

whose prize winnings exceed the minimum limits set by the Internal Revenue 

Service. In which case, acceptable proof of winners' name, address, and social 

25 
security number must be presented to the Director of Tribal Gaming or his 

designee in order to be paid prizes. 

SECTION 29: DISCRIMINATION 

Notwithstanding any other provision of this section, the Business Committee the Tribal Gaming 

Director, or the Gaming Commissioner may bar any person from admittance to any Tribal 

gaming facility for any or no reason whatsoever. However, no person shall be discriminated 

against because of his race, color, creed, sex, or natural origin. 

SECTION 30: TRIBAL-STATE COMPACTS 

The Chairman of the Gaming Commission is hereby authorized by the Business Committee to 

approve a tribal state compact governing Class Ill gaming activities. Said compact shall be 

approved by the Secretary of Interior or the Chairman of the National lndian Gaming 

Commission, as required, and published in the Federal Register as provided by the lndian 

Gaming Regulatory Act. The Miami Tribe Business Committee is hereby authorized to negotiate 

said compact on behalf of the Miami Tribe. 

SECTION 31: JURISDICTION 

Any cause of action initiated by the Miami Tribe arising from the failure of the State to enter 

into negotiations with the Miami Tribe for purposes of entering into or renewing a tribal-state 

compact or to conduct negotiations in good faith will be filed in the United States District Court. 

SECTION 32: MANAGEMENT CONTRACTS 

The Miami Tribe Business Committee, on behalf of the Miami Tribe is authorized to enter into 

and approve management contracts for the management of any Class II and/or Class Ill gaming 

facility owned and operated by the Miami Tribe. Said management contract shall in all respects 

be in compliance with the lndian Gaming Regulatory Act. All management contracts shall be 

approved by the Chairman of the National lndian Gaming Commission or as designated by 

IGRA. No person holding a management contract with the Miami Tribe for the management of 

any Class II or Class I11 gaming faciIity shall be an elected official of the Miami Tribe, or have 

been convicted of any felony or gaming offense, or have knowingly or willingly provided any 

material false statements to the National lndian Gaming Commission or Miami Tribe Gaming 

Commission pursuant to this Ordinance or the lndian Gaming Regulatory Act or whose prior 

activities, criminal record, if any, or reputation, habits, and association pose a threat to the 

effective regulation and control of the gaming activity subject to the management contract or 
who has attempted in any way to unduly influence or interfere with the decision process 

relating to any management contract or license. 

SElJTlOM 33: CRIMINAL PENALTIES 

Any person or firm violating the provisions of this Ordinance shall be guilty of an 

offense and shall, upon conviction thereof, be punished as provided by law. If a 

person is convicted in Tribal Court, he may be punished by confinement for a 

period of not less than ten (10) days and no more than six (6) months or by a fine 

af not less than $500.00 and no more than $5,000,00 or by both such fine and 

imprisonment per occurrence. 

Such remedy shall not be exclusive or preclude any civil or other judicial remedy 

available to the Tribe. 

SECTlON 34: SERVICE OF PROCESS 

All notices or process made pursuant to this Ordinance may be made by directing said notice to: 

Gaming Commission Chairman 

Miami Tribe of Oklahoma 

202 S Eight Tribe Trail 

Miami, Oklahoma 74354 

cc: Legal Department 

Miami Tribe of Oklahoma 

202 S Eight Tribe Trail 

Miami, Oklahoma 74354 

SECTION 35: INHERENT SOVEREIGNTY OF THE MIAMI TRIBE OF OKLAHOMA 

This Ordinance shall not limit or restrict the inherent sovereignty of the Miami Tribe, nor 

waive, in whole or in part, the sovereign immunity of the Miami Tribe of Oklahoma. 

SECTION 36: REPEALER 

Any prior gaming ordinance and all other ordinances inconsistent herewith are hereby 

repealed. 

SECTION 37: EFFECTIVE DATE 
This Ordinance shall become effective on the date of approval. 

CERTIFICATION 

The foregoing Ordinance was duly adopted through Resolution 12-46 by vote among the 

Business Committee for the Miami Tribe of Oklahoma on the 9th day of October 2012, with 4 

voting for, 0 opposed, and O abstaining. 

Thomas E. Gamble, Chief 

Filed with: 

Chairwoman Traci Stevens, National Indian Gaming Commission