April 13,2010 

Via Facsimile and U.S. Mail 

George Blanchard, Chairman 

Absentee Shawnee Tribe of Oklahoma 

2025 S. Gordon Cooper Dr. 

Shawnee, OK 74801 

Fax: 405-235-5637 

Re: Absentee Shawnee Tribe of Oklahoma Gaming Ordinance (Aug. 20,2009). 

Dear Chairman BIanchard: 

This lefter responds to your request that the National Indian Gaming Commission 

("'NIGC") review and approve the Absentee Shawnee Tribe of Oklahoma's ("Tribe's") 

March 17,20 I0 amended gaming ordinance. The Tribe adopted its amended gaming 

ordinance via resolution L-AS-20 1 0-12. 

This is to acknowledge that the NIGC received the Tribe's amended gaming 

ordinance submission on September 9,2009. Consequently, the ordinance has now been 

deemed approved by operation of law, but I would have approved the amendment 

anyway as fully cempIiant with the Indian Gaming Regulatory Act ("IGRA") and NIGC 

regulations. See 25 U.S.C. 5 2701 et seq.; 25 C.F.R. $3 502 - 577. 

Thank you for submitting the Tribe's amended gaming ordinance for review. The 

NIGC apologizes for the confusion regarding your submission. If you have any questions 

or concerns regarding this letter or the ordinance review process, please contact Staff 

Attorney Rebecca Chapman at (202) 632-7003. 

Sincerely, 

cc: Alyssa CampheII, Attorney General, Absentee Shawnee Tribe of Oklahoma 

NA~ONAL HEADQVA~R~ 1441 L St NW, Surt~ 9100, Wash~ngton. DC 20C05 Te! 201 637.7W3 Fax 202 632.7066 www.n~~c.cpv 

REGlONnL OFFICES Poeland, OR, ~acraTht0, CA: Phoen~x. 42, St. Faui. MN. Tul<a, OK 
LEG & SLA'I'TW, 

RESOLUTION NO. L-AS-2018-12 

AB~ENTEEST~AV!YEE TRIBE OF DKUM0.W 

MA.RCF9 If, 2010 

A EES131Alj"'X8fi D llLY ADOP'FEI) Dl' $RE KXECtlTWE CCO&fMfa''5,Y,E 01; 'I'HR 

AMENTEE SAA%'WEE TRTBE OF OKLAHORIA AmXDTNG ?'TIE ARSFHTEE 

SBIA$?'XEE TRIBE OF IKDIANS OF OKFd-A80MA GhMfNG OKX)$XANCE AS 

PROVIDED FCIR FN THE ATTACHMENT "EXRIBIIT A", EFFECTIVE 

FMmPXATEZ,Y, 

%TJHEREAS, the Absentee-Shawr~ee Tribe of Oklahoma is a federally recognized lndian Trik 

cxescisiw all inhcrcnt sovereign rights fmm time imme~norisnl: ant? 

WIFICRFJ-AS, the r\bsentee+Sha%nec Tribe of Uklshoma has a ConstiR~tio~~ aappruvcd 6) tile 

Dupaflment oTlntefior lasl 'amended in ArrgusL 1988: and 

%rSHEREAS, the Execmlive Cofnn&ec of thc Abscntce-Shawnee 'Tribc oT Oklahoma is 

ernpowereif by he Canstifr!tian to spcak and otherwise conducl btlsjr~ess In the 

1:nrnc 01'. and on bchalf of, at: AbsentecSha~tmee 'I'rih nf Indinns (IF Oklallnrna: 

nil& 

WHEREAS, ihe authorities granted hy this Resotuliopa shxEi be conlinuing until :~nd unless 

rescinded by separate zctichn of this body; md 

WHEREAS, 11 is the responsibility of Ihc Execllbive Comrnittrc to uphold i\s cmsliturionn! 

~spont;ibi3i;?l of tlre Tribe mind its m~mbership as Ihc higl~csl priority; iarrd 

!VWERE,%$ fhm time to lime ji. is nxessary tu amend laws wd urdinanctis In rnflec~ he best 

interesrs of Ihe Tsibc and the Execmivc Comrniftec believes it lo hc in ake hesr 

intercs~ or the Tribe Prrr Ihe Gaming Ordinance fo ,mended; and 

$.;'OW THF,REPORK BF: IT RESOLVED, rhat rhe AksenW Shawnee Tribe of Okl,-Fhos?ln 

amends ~hc irhbscnecr Shawxcr Tribe of Indians oi'Oklahuma Gaming 0rdin:ancc as provided l'nr 

in 111e nttacfment "Exhibit $?". EFFECTIVE IMMEDIATELY. 
Resoi ution: No. I,-.AS -20 1 0- I 2 

March 1%: 701 1) 

Page 2 of 3 

iiic, G:v:ge Blanchad, Gov~mcr md Mjcheilc Lopez. Semeta~ of ihe Absentee Shalvtlcc Tribe 

flf'Oi;I;lhomn, dn hcrchy ccr%Ffy this Rssolutian No. t-AS-2010-?2 to be a tmc and rxact copy as 

CL~PJ-W-CI~ by {fie Ilxccutj\ic Cramrf~ittw nf ~hc Absrlntcc Shawmc I'ribe of Okl;lhoma ar s duIy 

calleef mccti~ig held nn :Laarch 17.201 11, there bein? n quonm present. by vote ef 4 in f~i.r;r, 0 

opposed, and 9 absrcnhx as foUows: I,i. Governor tittle Axe: Yes. Secretan. I,(~pcr,r vcs, 

'l'reashnrcr Cfiish~ir;~: Jrcs. Rcp~ese.nta:itre Qn;.al~wrlIm: Yes, Governor Riafichard's vote, if 

req~lired NiY. 
ABSENTEE SHAWNEE TRIBE OF OKLAHOMA 

GAMING ORDINANCE 

Revised and amended March 17,201 0 J?~ 

?r .cI r 

, ,- Section 1. Scope. 

The Absentee Shawnee Tribe of Oklahoma Gaming Ordinance shall apply to all gaming 

conducted within the territoria1 jurisdiction of the Absentee Shawnee Tribe of Indians of 

Oklahoma. 

Section 2. Purpose. 

This Ordinance is intended to promote the peace, safety, and welfare of all persons coming 

within the jurisdiction of the Absentee Shawnee Tribe of Indians of Oklahoma by insuring that 

any game conducted within the tribaI jurisdiction is conducted in a fair and responsible manner. 

Section 3. Definitions. 

a. "Gaming" shall include dl games in manner, type and definition as described in 

PubIic Law 100-497 - The Indian Gaming Regulatory Act (definitions, 25 U.S.C, 

2703, section 4, paragraphs 6-81 as defined in the National Indian Gaming 

Commission Regulations (25 CFR Part 502, sections 502.2, 502.3, and 502.4); 

State Gaming Compact and as detailed in the Oklahoma State - Tribal Gaming 

Act approved November 2,2004. 

b. "Court" means the District Court of the Absentee Shawnee Tribe of Oklahoma 

unless athenvise specified. 

c. "Executive Committee" means the Absentee Shawnee Tribal Executive 

Committee. 

d. "Gaming Commission" or "Commission" means the regulatory agency established 

by the Absentee Shawnee Tribal Executive Committee to monitor all gaming 

conducted within the jurisdiction of the Absentee Shawnee Tribe of Indians of 

Oklahoma, and charged with the ~esponsibility to protect Tribal assets. The 

Gaming Commission is composed of a full-time staff headed by an Executive 

Director, and two part-time Gaming Commissioners who conduct hearings, 

approve lj~ensing actions and adjudicate appeals. 

Section 4. Gaming Licenses. 

No person or legal entity shall conduct any game or gaming-related activity, or provide 

equipment, supplies, or services within the jurisdiction of the Absentee Shawnee Tribe of Indians 

of Oklahoma without a license issued pursuant to this Ordinance. No games shall be played 

which are noi conducted pursuant to Federal Public Law 100-497, the National Indian Gaming 

Approved by L-AS-2010- 12 

March 1 7,20 10 
Commission Regulations, the State of Oklahoma State-Tribal Compact, and the Absentee 

Shawnee Tribal Gaming Commission Policies and Procedures. 

Section 5. Filing Instruments with the Gaming Commission. 

Any document, affidavit, return, report, fee or otl~er instrument of payment required to be filed 

with, delivered to, or served upon the Gaming Commission according to this Ordinance shall be 

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

served upon the Gaming Commission Executive Director, or any full time employee of the 

Gaming Commission Compliance department. 

Section 6. Issuance of Instruments by the Gaming Commission. 

Any registration form receipt, license application acknowledgment, or other instrument which 

the Garning Commission is required or permitted to issue pursuant to the Ordinance, may be 

issued by the Gaming Commission Executive Director or any fuIl time staff member, in 

accordance with the current Gaming Commission Policies and Procedures Handbook. Issuance 

by any such authorized person shall have the same effect as if such instrument were personally 

issued by the Gaming Commission Executive Director. 

Section 7. Audits and Reviews. 

Any individual, organization, or corporation which applies for or receives a license to conduct 

gaming, gaming-related activities, or to provide equipment, supplies, or services within the 

jurisdiction of the Absentee Shawnee Tribe of Indians of Oklahoma pursuant to this Ordinance 

shall be deemed to have consented to the jurisdiction of the Courts of the Absentee Shawnee 

Tribe af Oklahoma, and the Tribe's laws, and shall be subject to seizure of any funds owed, and 

may be subject to an audit review of records by authorized accounting or law enforcement 

agencies of the Tribe without notice or warrant. 

Section 8. Citation. 

The Ordinance may be cited as the Absentee Shawnee Gaming Ordinance of 1990, as revised 

and amended March 1 7,201 0. 

Section 9. SeverabiIity . 

The provisions of this Ordinance are severabIe, and if my part or provision hereof shaII be held 

void by appropriate judicial authority, the decision of the Court in so holding shall not affect or 

impair any of the remaining parts of provisions of the Ordinance. 

Approved by L-AS-2010-12 

March 17,2010 
TITLE 1 - DEVELOPMENT, ADMINISTRATION AND ENFORCEMENT 

Section 101. Absentee Shawnee Tribe Gaming Commission EstabIished. 

In order to provide for the orderly development, administration and regulation of all Absentee 

Shawnee Tribe of Oklahoma gaming. ente~rises, there is established the Absentee Shawnee 

Tribal Gaming Commission. The Absentee Shawnee Tribal Governor shall nominate persons to 

serve as Gaming Commissioners, subject to confirmation by the Tribal Executive Committee. 

The Gaming Commission shall consist of two duly appointed, part-time gaming commissioners, 

one designated as Gaming Commissioner and one designated as Deputy Gaming Commissioner 

as well as optional full-time staff departments which may include, but is not limited to, 

Executive Director, Compliance, Surveillance, Background Licensing, Vendor Licensing, 

Internal Audit, and any other departments or divisions that may be required in order to 

accommodate fbture gaming growth. The Gaming Commissioners shall recommend, and the 

Governor shall appoint, a Gaming Commission Executive Director. The Gaming Commission 

Executive Director shall provide progress reports/updates as requested and receive guidance 

from the Absentee Shawnee Tribe" Executive Committee. Under the direction of the Gaming 

Commission Executive Director, the gaming commission staff shaII monitor the tribe's gaming 

enterprise(s) for compliance with a12 National Indian Gaming Commission (NIGC) and tribally 

prescribed rules, regulations, and policies; track, audit, and recommend annual extemd audit 

contracts, and verify all gaming revenues; prepare appropriate AnnuaI Gaming Commission 

budgets, hire and staff all Gaming Commission departments and divisions for all Absentee 

Shawnee Tribal gaming enterprises; inspect and supervise the installation of aII gaming 

equipment; perform background investigations of gaming enterprise employees and gaming 

enterprise vendors; recommend the issuance of, or denial of, Absentee Shawnee Tribal gaming 

licenses; recommend the suspension or revocation of existing gaming licenses. All Gaming 

Commissioners shall serve in a part-time capacity only, and any appointment shaIl be based only 

on the integrity and qualifications of the appointee, and not on popularity, as the nature of the 

Gaming Commissioner position is to adjudicate and fairly apply the rules, regulations, and 

policies adopted by the National Indian Gaming Commission, in accordance with any compact 

with the State of Oklahoma, and the Absentee Shawnee Tribal Executive Committee, and not to 

represent the tribal community at large. 

Section 102. Gaming Comjssioner QuaIifications 

The Gaming Commissioner and Deputy Commissioner must meet the following qualifications: 

a. Never been convicted of a fejony, gaming offense or crime involving dishonesty 

or moral turpitude. 

b. Not have a direct or indirect financial interest in the gaming facility. 

c. Not be a member of the Executive Committee or Election Commission or dated 

to any member of the Executive Committee or Election Commission by blood or 

marriage within the second degree, however, a Gaming Commissioner, who has 

been qualified and is serving a term of office, shall be allowed lo complete his 

Approved by L-AS-20 1 0- 12 

March 17,203 0 
term of office in the event that a person related to the Gaming Commissioner by 

blood or marriage within the second degree is elected to a position on the 

Executive Committee or Election Commission. In this event, that a currently 

serving Gaming Commissioner shall not be disqualified from the term of ofice 

but shall be ahwed to complete the tenn of office, but shall not be eligible for reappointment to that position so long as they are reIated to a currently sitting 

member of the Executive Committee or Election Commission. 

d. Not have had hisher surety bond forfeited ar been criminally convicted or found 

civilly Iiable for any breach of fiduciary duty to the tribe or have been impeached 

or removed from Tribal office. 

f. Be a lay member of the tribal community or a non-tribal member closely 

associated with the Absentee Shawnee Tribe, or an individual who possesses 

gaming regulatory experience. 

g. All Gaming Commissioners in order to support the standatds and strict 

compliance required of all other gaming enterprise associates, should be subject to 

the same background investigations and licensing standards in all gaming 

enterprise and gaming commission employees, and their investigation should be 

handled in the same manner as any other background investigation, and be 

conducted by the gaming commission's background investigators. 

h, Gaming Commissioners are prohibited from participating in any aspect of gaming 

in any of the Absentee Shawnee Tribe gaming enterprises and facilities during the 

tern of their office. 

Section 103. Gaming Commission Term of Office. 

Said Commissioners shall be appointed for a period of four (4) years. In order to maintain 

continuity, the terns for each Gaming Commissioner should be staggered such that only one 

Commissioner is replaced every even-numbered year. The Gaming Cornmissinner shall be the 

senior member of the Gaming Commission. When the senior member vacates ofice, the Deputy 

Gaming Commissioner of the Gaming Commission shall automatically shift to the higher office 

of Gaming Commission and the newZy appointed member shaIl be designated as the Deputy 

Gaming Commissioner. 

Section 104. Vacancies and InterimlTemporarv Commissioners. 

a. Should any vacancy occur, the office shall be filled by appointment of the 

Governor and confirmed by the Executive Committee and tl~e un-expired portion 

of the Commissioner's term shalI be filled in the same manner as the initial 

appointment of a Commissioner. 

Approved by L-AS-20 1 0- 1 2 

March 17,201 0 
b. An interim commissioner may be selected by the Governor any time a vacancy 

occurs. Such an interim commjssioner shall fill the position until the Executive 

Committee confirnls the appointment of a person to fill the Commissioner's 

position. An interim commissioner shall be subject to the same background 

investigation as a regularly appointed commissioner and nothing in this section 

shall prohibit such person from serving as an interim commissioner pending the 

outcome of key employee review. 

Section 105. Removal and Suspension of Gaming Commissioners. 

a. A commissioner may be removed from office prior to the end of any tern for 

cause under the provisions of tribal law pertaining to same. 

b. A commissioner may be suspended by the Executive Committee far ninety (90) 

days for cause. During such suspension, an interim commissioner shaII be 

appointed. 

c. Commissioners shaII serve their terms of ofIjce free from political influence from 

any department of the government and may be removed only for cause, after a 

hearing in the Absentee Shawnee District Court. 

Section 106. Quorum. 

A quorum for the conduct of business shall be both gaming commissioner and deputy gaming 

commissioner. Changes to the Absentee Shawnee Tribal Minimum Internal Control Standards 

or to the Gaming Commission Policies and Procedures must be approved by both Gaming 

Commissioners. Each Commissioner is vested with one vote for any decision. If any action is 

not passed by unanimous approval, then the action fails. 

Section 107. Duties and Responsibilities of Gaming Commissioners. 

a. The Absentee Shawnee Tribe of Oklahoma Gaming Commission shall be charged 

with the sole responsibility of administering and enforcing the provisions of the 

Gaming Ordinance. 

b. A Gaming Commissioners' duties and responsibilities are limited and specific in 

order to enable such Cornmissiones to fairly and impartially review and adjudicate 

all matters relating to employee, vendor and gaming enterprise compliance with 

all National Indian Gaming Commission (NIGC), Compact requirements, and 

tribaIly prescribed rules, regulations and policies. 

c. These duties and responsibilities shall include, but are not limited to the 

following: 

Approved by L-AS-2010- 12 

March 17,201 0 
1. Gaming Commissioners shall review a11 employee and vendor licensing 

applications and approve. the issuance or deny the issuance of valid 

temporary gaming licenses. 

2. Gaming Commissioners shall approve or deny the suspension or 

revocatian of existing gaming licenses. 

3. Gaming Commissioners shall hear and decide appeals regarding gaming 

enterprise employee licensing or gaming patron disputes within a 

reasonable time after the incident occurs. 

4. Gaming Commissioners shall adjudicate all other matters related to 

violations of the Absentee Shawnee Tribal Minimum Internal Control 

Standards brought before the Gaming Commission by Gaming 

Commission departments or divisions. 

5. Gaming Commissioners shall review compliance, internal and external 

audit reports to ensure compliance with NIGC, State Compact, and tribally 

prescribed rules, regulations, and policies. 

6. Gaming Commjssioners shall review surveillance and compliance 

investigation reports. 

7. Gaming Commissioners shall make final determination regarding the 

issuance of permanent gaming licenses following NIGC review of all key 

employee gaming Iicense applications. 

d. Gaming Commissioners shall not attempt to manage, control, manipulate, or 

influence Absentee Shawnee Tribal gaming enterprise operations in any way. 

e. Gaming Commissioners do not have supervisory authority over gaming 

commission staff, and therefore should not participate in, direct or attempt to 

influence the outcome, course or direction of a gaming commission investigation 

into any aspect of compliance, surveillance, revenue contral, background 

investigation, or internal audit, or any other gaming commission department or 

division, but must remain independent of all gaming operations and investigations 

so as to be prepared at all times to fairly and impartially judge all matters brought 

before them. 

Section 108. Duties of gamin^ Commission Staff. 

a. It shall be the responsibility of the Gaming Commission, under the direction of 

the Executive Director, to timely prornuIgate regulations necessary to administer 

the provisions of this Gaming Ordinance. 

b. These duties shall include, but are not limited to, the following: 

Approved by L-AS-20 1 0- 1 2 

March 1 7,20 1 0 
I. Printing and making available employee and vendor license application 

forms hx initial and renewal licenses, as well as any other necessary 

1 j censes. 

2. Supervising the collection of license fees and other revenues prescribed in 

this Gaming 0rdinanc.e and other tribal ordinances relating to gaming and 

gaming-related activities. 

3. Processing all license applications. 

4. Issuing licenses. 

5. Determining and regulating applicable license fees within a reasonable 

dollar amount. 

6. Performing internal audits and contracting for external audits in 

accordance with NIGC, State Compact, and tribal rules; regulations and 

policies. 

7. Reviewing all gaming equipment and gaming operation contracts, records, 

documents necessary and pertinent to the financial accountabilities of 

licensees, or enforcement of any provision of gaming equipment and 

gaming operation contracts, agreements, and this or other related gaming 

ordinances. 

8. Conducting all aspects of gaming licensing. The Absentee Shawnee Tribe 

of Oklahoma Gaming Commission shall have the power and authority to 

deny any application, to limit, condition, suspend, or revoke any license, 

to order the imposition of a fine upon any licensed person or gaming 

vendor for any cause deemed reasonable by the Gaming Commission, or 

to make assessment for money owed the Absentee Shawnee Tribe of 

Oklahoma by contract or license agreement, and to levy collection of the 

same with or without notice. 

9 Performing any other duties required in the Gaming Ordinance or in any 

mendrnents thereto, which may be hereafter specified by the Absentee 

Shawnee Tribe of Oklahoma Gaming Commission. 

10. Defending their actions in any court of competent jurisdiction or initiating 

any actions with the consent of the Executive Committee. 

Section 109. Gaming Commission Authority. 

a. The Absentee Shawnee Tribe of Oklahoma Gaming Commission may exercise 

any reasonable power and authozty necessary to perform the duties assigned by this 

Gaming Ordinance, and is not limited by my enumeration of powers in the chapter. 

Approved hy L-AS-20 10-1 2 

h4arch 17,2010 
b. Gaming Commission shall not revise contracts but only may approve or deny 

col~lracts dealing with maclline placement, gaming equipment or gaming services 

and shall only review the contracts to determine if the provisions are in violation 

of the Minimum Internal Control Standards (MICS), Tribal Internal Control 

Standards (TICS), National Indian Gaming Commission (NEGC) regulations, 

Indian Gaming Regulatory Act (IGRA), or the Gaming Ordinance. Gaming 

Commission shaIl not make any revisions td contracts. 

c. Gaming Cormnission shall provide documentation upon denial of a contract citing 

the reason the contract was denied, identify the section that is not consistent with 

regulations and identify what regulation it is not compliant with. 

d. Construction contracts and contracts for financing or lending of money are 

excluded from approval by Gaming Commission. Construction companies and 

financing companies who are not involved in gaming machine leases are exempt 

from being licensed by the Gaming Commission. 

Section 1 10. Confidentjalitv of Informant. 

The Absentee Shawnee Tribe of Oklahoma Gaming Commission may rehse to reveal, at any 

court proceedings, the identity of any informant, if such revelation would subject the informant 

to bodily ham. 

Section 1 1 I. Gaming Commission Meetings. 

Regular and special meetings of the Absentee Shawnee Tribe of Oklahoma Gaming 

Commission may be held, at the discretion of the Absentee Shawnee Tribe of OkIahoma 

Gaming Commission, at such times and places as may be convenient and open to tribal 

members, with the notice posted in a public place at least twenty-four (24) hours prior to the 

meeting. 

Section 1 12. Gamine; Commission Organization. 

The Absentee Shawnee Tribe of Oklahoma Gaming Commission may organize and form 

departments or divisions as may be necessary and from time to time alter such plan of 

organization as may be expedient. The Absentee Shawnee Tribe of Oklahoma Gaming 

Commission shall recommend the budget for operations, to the Executive Committee and take 

any other steps necessary to fulfill duties and responsibilities under the Gaming Ordinance. 

Section 1 13. Gaming Regulation Amendments and Revisions. 

In adopting, amending, or repealing any regulations under this Gaming Ordinance, the Absentee 

Shawnee Tribe of Oklahoma Gaming Commission shall give prior notice of the proposed action 

to all licenses and other persons whom the Absentee Shawnee Tribe of Oklal~oma Gaming 

Approved by L-AS-2010- 12 

March 1 7,20 1 0 
Commjssion has reason to believe have a legitimate and bona Gde interest in such proposed 

action. 

Section 1 14. Gaming Ordinance Hearjn~s. 

The Absentee Shawnee Tribe of Oklahoma Gaming Commission shall afford an applicant for a 

license or permit an opportunity for a hearing with one Gaming Commissioner prior lo final 

action denying such applications and shall afford a Iicensee or other person or persons subject to 

the Gaming Ordinance the same opportunity for a hearing with one Gaming Commission prior to 

taking final action resulting in terminating, revoking, suspending, or limiting a license or any 

other adverse action the Absentee Shawnee Tribe of Oklahoma Gaming Commission deems 

appropriate; provided that the Absentee Shawnee Tribe of Oklahoma Gaming Commission, with 

the approval of the Executive Director, may summarily and temporarily suspend or extend the 

suspension of a gaming license for sixty (60) days in those cases where such action is deemed 

appropriate by the Absentee Shawnee Tribe of Oklahoma Gaming Commission. In cases where a 

license is suspended prior to a hearing, an opportunity for hearing with one Gaming 

Commissioner shall be provided. 

Section 1 15. Gaming Commission Certification of Findings. 

Whenever upon specific factual finding the Absentee Shawnee Tribe of Oklahoma Gaming 

Commission determines that any person has failed to comply with the provisions of the Gaming 

Ordinance, or any regulation promulgated hereunder, the Absentee Shawnee Tribe of Oklahoma 

Gaming Commjssion shall make a certification of findings with n copy thereof to the subject or 

subjects of that determination. After five (5) days notice and within ninety (90) days thereof, the 

Absentee Shawnee Tribe of OkIahoma Gaming Camissjon's Gaming Commissioner shall hold 

a hearing at which time the subject shall have the opportunity to be heard and present evidence. 

Section I 16. Licensing Hearings. 

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

incorrect, why the application in question shall not be denied, why the license or permit in 

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

extended, or to show cause why speciaI conditions ar limitations upon a license or permit 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. 

Section 1 17. Adjudication of Licensin~ Disputes. 

Following such hearing the Absentee Shawnee Tribe of Oklahoma Gaming Commjssjon's 

Gaming Commissioners shaI1 within seven (7) days, reach a determination concerning the 

accuracy of the preliminary certification of facts and whether the license in question should be 

granted, continued or suspended, revoked, conditioned or limited, and whether or not any other 

action recommended to or by the Absentee Shawnee Tribe of Oklahoma Gaming Commission 

(including, but not limited to forfeitures or fines) should be taken. 

Approved by L-AS -20 1 0- 1 2 

March 1 7,20 1 0 
Section 1 1 8. Garnin~Commission Conflict. 

Each Gaming Commissioner shall execute a conflict of interesl provision disclosing potentially 

unethical situations. In the event that a conflict arises, the Commissioner with the confljct shall 

recuse himselfherself from hearing the issue. The issue shall be heard by another sitting 

member of the Gaming Commission. In the event that all Gaming Commissioners are conflicted, 

the District Judge of the Absentee Shawnee District Court shall preside over the issue. 

Section 1 1 9. Appeals. 

A. The Supreme Court of the Absentee Shawnee Tribe of Oklahoma shall have 

exclusive jurisdiction to hear appeals from finaI decisions of the Absentee 

Shawnee Tribe of Oklahoma Gaming Commission denying, modifying, 

conditioning, or revoking any license. 

B. Any affected party may appeaI any final decision of the Absentee Shawnee Tribe 

of Oklahoma Gaming Commission within thirty (30) days after such decision by 

filing a notice of appeal with the Absentee Shawnee Tribe of Oklahoma Gaming 

Commission and serving a copy on the Absentee Shawnee Tribe. Thereafter, the 

Absentee Shawnee Tribe of Oklahoma Gaming Commission shall promptly file 

the full record of the proceeding, including the notice of appeaI with the Supreme 

Coust of the Absentee Shawnee Tribe of Oklahoma. 

In a11 appeals, the Supreme Court of the Absentee Shawnee Tribe of Oklahoma 

shall give proper deference to the Absentee Shawnee Tribe of Oklahoma Gaming 

Commission. The Supreme Court of the Absentee Shawnee Tribe of Oklahoma 

shall not set aside, modify, or remand any determination by the Absentee 

Shawnee Tribe of Oklahoma Gaming Commission unless it finds the 

determination is arbitrary and capricious, unsupported by substantial evidence or 

contrary to law. The Supreme Court of the Absentee Shawnee Tribe of Oklahoma 

shall issue n written decision on all appeals, which decision shaII be fmal. 

D. The Supreme Court af the Absentee Shawnee Tribe of Oklahoma may, in its 

discretion, award costs and attorneys' fees to the Absentee Shawnee Tribe of 

Oklahoma against any appellant whose appeal was frivolous, malicious or in bad 

faith. Such fees shall be assessed and collected as a tax imposed under this title. 

Section 120. Finality of Commission of Supreme Court Action. 

Any final finding or determination of the Absentee Shawnee Tribe of Oklahoma Gaming 

Commission which is not timely appealed, and any final determination of the Supreme Court of 

the Absentee Shawnee Tribe of Oklahoma in proceedings pursuant to Section 119, shall be final 

and binding in any other proceeding against .or by the same person before the Absentee Shawnee 

Tribe of Oklahoma Gaming Commission or the Supreme Court of the Absentee Shawnee Tribe 

of Oklahoma. 

Approved by L-AS-2010-12 

March 17,201 0 
TITLE J1. - LICENSINGffERMITS 

Section 20 1 : License Required. 

Any person, organization, or corporation conducting gaming, gaming-reIated activities, or 

providing equipment, supplies, or services within the jurisdiction of the Absentee Shawnee Tribe 

of lndians of Oklahoma shall be required to have and display prominently an appropriate, vaIid 

and current Gaming license issued pursuant to the provisions of this Ordinance. Any other forms 

of public gaming operations being conducted within the jurisdiction of the Absentee Shawnee 

Tribe of Oklahoma without the lawfUI written approval oi the Absentee Shawnee Tribe of 

Oklahoma Gaming Commission are prohibited. 

Section 202: Licensing Fees. 

Licenses shall be issued for Absentee Shawnee Tribal Gaming Ente~rise managers and 

employees, Gaming Commission employees and Gaming Commissioners, as well as any vendor 

providing games, gaming-related equipment, supplies, or services, and each shall have a separate 

See, and each shalI grant separate privileges as detailed in the Gaming Commission Policies and 

Procedures manual. Licensees shall operate and conduct only those activities authorized under 

each license as listed in this Ordinance or as may be further specified in regulations promulgated 

pursuant to this Ordinance. 

Section 203 : Exemptions. 

The following activities are not public gaming operations under the terms of this Ordinance, and 

therefore do not require a license under this title: 

A. Gaming not for gain. Gaming in which no cash or valuable prizes are won, 

other than "points'Yor cumulative competitive ratings, or "places" for 

immediate competitive ranliings, is not subject to the provisions of this 

Ordinance. However, gaming for gain which is conducted by a non-profit 

organization is subject to the requirements of this Ordinance if case or 

valuabIe prizes are awarded. "Valuable prize" means an object or service 

worth $3 00.00 (One hundred dolIars) or more in fair market value. 

Section 204: License appIication deadline. 

All persons or organizations who may seek to engage in public gaming activities within the 

jurisdiction of the Absentee Shawnee Tribe of Oklahoma must apply for the same at least thirty 

(30) days prior to the scheduled activities. 

Section 205: License renewals. 

Every licensee intending to continue engaging in public gaming activities within the Absentee 

Shawnee Tribe af Oklahoma during the next following calendar year shall apply for renewal of 

the license at least thirty (30) days prior to the end of the previous Iicense period. 

Approved by L-AS-20 1 0- 12 

March 17,20 10 
Section 206: License display. 

Every Iicensee shall wear or display in a prominent place a current and valid Absentee SI~awnee 

Gaming license. 

Section 207: License updates. 

When a licensee changes a location of public gaming activating within the Absentee Shawnee 

Tribe of Oklahoma, the Gaming Commissjon shall issue a corrected license for the balance of the 

current period reflecting the new address upon reasonable proof of change of address and 

without imposition of an additional license fee. 

Section 208: License Fees. 

Each application for an initiaI or renewal license shaII be accompanied by payment of the current 

license fee approved by the Gaming Commission. Subject only to the appeal as provided under 

this Ordinance, the Gaming Commission's determination of the license fee properly owed under 

this Ordinance shall be final. This fee is imposed for the revocable privilege of being licensed to 

engage in public gaming activities within the Absentee Shawnee Tribe of Oklahoma. 

Section 209: Non-transferability. 

The license issued pursuant to the provisions of this Ordinance is valid only for the person(s) or 

organization(s) at the place of business shown on the face thereof. It is not assignable or 

otherwise transferable to any other person or organization or for any other location without the 

written approval of the Gaming Commission. 

Section 2 1 0: License fee usage. 

All license fees shall become part of the Gaming Commission budget of the Absentee Shawnee 

Tribe of Oklahoma, and shall be used to offset the costs of the Gaming Commission operation. 

Section 2 1 1 : Revocable privilege. 

The Gaming Operations license is a revocable privilege, and no holder thereof shal! be deemed 

to have a part in any vested rights therein or there-under. The burden of providing qualifications 

to hold any Iicense rests at all times in the licensee. The Gaming Commission is charged by law 

with the duty of continually observing the conduct of a11 licensees to the end that licenses shall 

not be held by unqualified or disqualified persons or unsuitable person(s) whose operations are 

conducted in an unsuiiable or unlawful manner. 

Section 21 2: Violations. 

Violation of any provisions of this Ordinance or any of the Gaming Commission's rules by a 

licensee, his agent, or employee shall be deemed contrary to the public health, safety, morals, 

Approved hy L-AS-20 10- 12 

March 17,2010 
good order, and general welfare of the Absentee Shawnee Tribe of Oklahoma and the inhabitants 

of the Absentee Shawnee Tribe of Okalahoma, and shall be deemed grounds for affirmative 

Gaming Commission action. Such Gaming Commissjon action shaIl include, but not limited to: 

A. Suspension or revocation of a license; 

B. Refusal to grant or renew a license; 

C. Exclusion of individuals or individuals representing corporate entities 

from any or all gaming facilities; 

D. Filing of court action. 

Section 2 I 3: Licensee res~onsjbilities. 

Acceptance of a Iicense or renewal thereof, or a condition imposed thereon, by a licensee 

constitutes an agreement on the part of the licensee to be bound by all the regulations and/or 

conditions of the Gaming Commission and by the provisions of this Ordinance as the same are 

now or may hereafter be amended or promulgated. It is the responsibility of the licensee to keep 

himself informed of the contents of dl such regulations, provisions, and conditions, and 

ignorance thereof will no excuse the violations. 

Section 214: Contract review by Gaming Commissjon. 

As a provision of licensing, all contracts or agreements with the Absentee Shawnee Tribe of 

Oklahoma that include gaming or gaming-related activities, equipment, supplies or services must 

be reviewed by the Gaming Commission. Upon such review the Gaming Commission shall 

reform all gaming contracts to comport and comply with existing tribal and federal law. Any 

reformation provisions shalI be prepared in writing and delivered to the Executive Committee 

and all other parties to the contract. 

Section 2 1 5 : Contract reformation. 

Any person or entity entitled to receive notice of reformation subject to Section 214 may request 

a hearing for reconsideration of the Gaming Commission's refonnation, provided such request is 

made within ien (10) days of delivery of reformation provisions, the Gaming Commjssion, upon 

such request, shall promptly set a hearing date, notify any person or entity entitled to notice 

pursuant to Section 214 of the hearing date in writing. At the hearing, the Gaming 

Commissioners shall receive testimony and exhibits to determine whether to amend the 

reformation provisions prepared pursuant to Section 214. In no event shall the Gaming 

Commission delay a hearing requested pursuant to this section more than forty-five (45) days 

beyond the date of issuance. of notice of reformation pursuant to Section 214. 

Section 2 1 6: Gaming Commission decisions. 

Approved by L-AS-20 10- 12 

March 7 7,20 10 
At the conclusien of any hearing required by Section 215, the Gaming Commission shall within 

five (5) days render a written decision. Said decision shall contain a determination that 

reconsideration is warranted or not warranted. If reconsideration is warranted the Gaming 

Conlrnission shall state whether any reformati011 is necessary and if so shalI fulIy describe the 

contract refomlation imposed. Nothing herein shall prevent the Gaming Commission from 

withdrawing its original determination that reformation is necessary. A copy of the decision of 

the Gaming Cornmission shall be sent immediately to the Executive Committee and all other 

parties to the reformed contract. 

Section 21 7: Appeal of Gaming Commission decisions. 

Within ten (1 0) days of the decision of the Gaming Commission issued pursuant to Section 2 16 

the Executive Committee or any other parties to the refonned contract may initiate an appeal to 

tribal district court. The court shall review the decision of the Gaming Commission to determine 

whether the final reformation decision is an abuse of Gaming Commission discretion- If the court 

determines that no abuse of discretion exists, the Commission's decision shall stand as written. If 

the court determines that the Gaming Commjssion's decision is an abuse of discretion, the court 

shall vacate the decision and shall direct the Gaming Commission to prepare reformation if any 

is necessary pursuant to court order. 

Section 21 8: Effective date. 

Reformation of a contract pursuanl to Section 2 14 shalI be effective upon expiration of the time 

available for reconsideration by the Gaming Commission provided reconsideration is not 

requested. If reconsideration is requested, the refonnation shall be effective upon the expiration 

of time for appeal to tribaI court if no appeal is pursued. If tribal court appeal is pursued the 

effective date shall be ten (1 0) days from the date of decision by the tribal district court and 

provided that such refamation shall be consistent with the tribal court decision. 

Section 219: Retention of Ap~lications for Gaming Licenses. 

All Applications for gaming licenses of key employees and primary management oficidshall be 

maintained by the Gaming Commission for at least three (3) years &er the key employee or 

primary management official is no longer employed with a gaming facility. 

TITLE 111. -RILES OR OPERATION AND GENERAL APPLICABILITY 

Section 301 : Records, Returns, and Audits. 

It shaIl be the responsibility of the Gaming Commission to promulgate regulations establishing 

proper accounting procedures and methods of operations for dl licensees, so that all monies or 

ihings of value received andlor paid out may be properly monitored and accounted for. All 

licensees under this Ordinance shall be required to keep an approved accounting system, which 

shall comply with, but not be limited to, a11 applicable previsions of this Ordinance or the 

regulations of the Gaming Commission. Said accounting system shall reflect all, business and 

Approved by L-AS-2010-12 

March 17,2010 
financia1 transactions involved or connected in any manner with the operation and conducting of 

activities authorized by this Ordinance. 

Section 302: Contracts subject to External Audit. All contracts for supplies, services, or 

concessions for a contract amount in excess of $ 25,000 annually (except contracts for professionaT 

legal or accounting services) relating to such gaming shall be subject to such independent audits; 

Section 303: Licensee delays. 

Any delay, maneuver or action of any kind. which in the opinion of the Gaming Commission, is 

effectuated by any licensee to unlawfully avoid paying the proceeds, fees, or fines properly 

owing to the Absentee Shawnee Tribe of Oklahoma shall constitute grounds for taking any 

disciplinary action deemed necessary by the Gaming Commission, including by not limited to, 

fining, revoking, suspending, limiting, or refusing to renew the license of any licensee. Further, 

the Gaming Commission shall have authority to make assessments of monies owed to the 

Absentee Shawnee Tribe of Oklahoma by contract or taxation and may Ievy coIlection of the 

same with or without notice. 

Section 304: Requirement to produce records or information. 

No applicant, licensee, or employee thereof shall neglect or refuse to produce records or 

evidence under his control, or to give information upon proper and Iawful demand by the 

Gaming Commission, or shall otherwise interfere with any proper and lawful efforts by the 

Gaming Commission to produce such information. The Gaming Commission may summon any 

licensee or a licensee's agents, employees, or suppliers to appear to testify with regard to the 

conduct of any licensee or the agents, employees, or suppliers of any licensee. All such 

testimony shall be given under oath and may embrace any matters, which the Gaming 

Commission may deem relevant to the discharge of its oficial duties. Any person so summoned 

to appear shaIl have the right to be represented by counsel. Any testimony so taken may be used 

by the Gaming Commission as evidence in any proceeding or matter before the Gaming 

Commission or the tribal District Court. Failure to so appear and testify fully at the time and 

place designated, unless excused, shaIl constitute grounds for revocation or suspension of any 

Iicense held by the person summoned, his principal, or employee, or the loss of the privilege to 

further suppIy any person licensed under this Ordinance. 

Section 305: Facility security. 

Licensees shaIl provide for their faciIity security, provided that contracts are reviewed, and 

security plans, or amendments thereto, are approved by the Gaming Commission prior to 

implementation. 

Section 306: One gaming license per licensee. 

Unless prier written approval is obtained from the Gaming Commission, no person employed in 

the conduct of gaming operating under one Iicense shall be employed under any other license 

authorized to operate under this Code. 

Approved by L-AS-20 10-1 2 

Marc11 17,2010 
Section 307: Ape limit for earning. 

No person who is under the age of eighteen (1 8) shall operate nor shall be allowed to participate 

in any manner in the operation of any game. No person(s) under the age of sixteen (16) shall be 

allowed on premises where games are being conducted. It shalI be the responsibility of the 

licensee to enforce the previsions of this section. 

Section 308: On duty operators shall no1 play. 

No operator shall allow a person who manages or receives any compensation, directly or 

indirectly, for the operation of any games conducted by the operator to play in a game while on 

duty. No operator sl~all allow any person who assists in the operation on any game conducted by 

the operator to play in any game conducted by the operator within twenty-four (24) hours of the 

time said person did so assist. 

Section 309: No free gaming for winners. 

No free bingo cards, video games, table games or any other opportunity to play without charge in 

a game shall be awarded or given to a person as prize for or conditioned upon winning a bingo 

game or any other type of game. However, the Gaming Commission shall have the authority to 

grant exceptions upon request by the gaming facility management, and management is free to 

engage in industry-standard promotional and advertising incentives at all times. 

Section 3 10 : Prizes awarded. 

Every prize awarded in any authorized Absentee Shawnee tribal gaming operation shall be 

awarded only to the person(s) actually winning the prize andlor displaying the proper admission 

ticket. 

Section 31 1: Deleted. Rules and gaming procedures are found in the Tribal MICS and in 

gaming facility policies and procedures. 

Section 3 12: Promotional activities. 

Gaming facility management may be exempt from Section 309 and engage in promotions and 

activities that include prizes or awards as promotional incentives in all areas of the gaming 

facility. Gaming facility management must provide the Gaming Commission fuIl details of any 

non industry-standard promotional activjties and receive advance approval for each such nonstandard promotional activity. Written approval for such non-standard promotional activities 

must remain on file with the Gaming Commission and with the gaming facility for a period of 

not less than one (I) year. 

Section 313: Deleted. Rules and gaming procedures are found in the Tribal MICS and in 

gaming facility policies and procedures. 

Section 3 14: Facility Control. 

Approved by L-AS-2010- 12 

March 17,2010 
In all cases gaming facility management shall have and must exercise complete control over that 

portion oi the premises being used for gaming at all times said games are being played. The 

gaming facility management shall ultimately be held liable for any vioIation of the Gaming 

Ordinance and/or the Absentee Shawnee Tribal Minimum Internal ControI Standards (MICS j. 

and licensed gaming facility employees will also be held liable for infractions of the MICS. 

Section 3 1 5: Gaming Locations. 

Games slzall be operated and conducted only on the appropriate licensed premises authorized 

under this Gaming Ordinance. Each gaming facility shall require a separate facility license 

issued by the Gaming Commission. 

Section 3 16: Price Fixing. 

No manufacturer, distributor, or operator shall be agreement either express or otherwise with any 

other manufacturer, distributor, or operator fix the price at which any device, paraphernalia, 

machine, equipment, prize or my other items used in connection with any of the activities 

authorized under this Ordinance shall be sold or which services in connection therewith shall be 

rendered. The price of these items in a competitive market place shall be established by each 

manufacturer, distributor, or operator for the products and services offered by each and shall not 

be established, directly or indirectly, in concert with another. 

Section 3 17: Gamine Supervision. 

Gaming faciIity management must supervise and be directly responsible for all activities on their 

premises authorized by license under this Ordinance, except as specifically outlined in any 

subsequent management agreement entered into and approved by the Tribal Executive 

Committee and the Gaming Commission. 

Section 3 18: Operating Standards. 

It is the policy of the Gaming Commission, the Absentee Shawnee Tribe of Oklahoma, and the 

State of Oklahoma to require that all establishments, wherein gaming is conducted within the 

jurisdiction of the Absentee Shawnee Tribe of OkIahoma, be operated in a manner suitable to 

protect the public health, safety, morals, good order, and general welfare of the inhabitants under 

within the jurisdiction of the Absentee Shawnee Tribe of Oklahoma. Responsibility for the 

employment and maintenance of suitable methods of operation rests with the gaming facility 

management and willful and persistent use of toleration of unsuitable methods of operation will 

constitute grounds for license revocation or other disciplinary actions. 

Section 3 19: DeIeted. Rules and requirements for handling lnonetq "transactions in all gaming 

activities are detailed in the Tribal MICS, the State-Tribal Gaming Compact, in gaming 

Approved by L-AS-2010-12 

March 17,2010 
commission and gaming facility policies and procedures manual, and in Title 31, Bank Secrecy 

Act, instructions on handling cash transactions. 

Section 320: Site Certification. 

All establishments, wherein gaming operations are to be conducted, must be certified as safe by 

the Gaming Commission prior to the issuance of a license. A11 alterations or modifications must 

be approved by the Gaming Commjssion. 

Section 32 I : Open Inspections. 

Any premises licensed or any premises connecled physically or otherwise with a licensed 

business, including vehicles used in connection therewith, shall at all times be open to inspection 

by the Gaming Commission. At any iime during whcb a licensed gaming or related 

administrative activity is being conducted on a premises, the Gaming Commission or any 

authorized representative of the Gaming Commission may enter upon the premises without 

advance notice and: 

A. Make an account of all monies on the premises and a11 monies received during 

the operation of the licensed activity located on the premises, inspect all 

receipts for prizes which have been awarded by the licensee; 

B. Inspect any other records, accounts or other related information of the 

licensee, or of any member who directly participates in the management, 

operation, or promotion of a licensed activity; or of any empIoyee of the 

licensee; or of any operator of the licensed activity; 

C. Inspect, including the dismantling of all pieces of equipment or parts thereof 

or devices of any nature, which are being used to conduct the Iicensed 

activity. 

D. When the Gaming Commission finds cause to believe that there is n 

reasonable probability that the provisions of this Ordinance, including any 

amendments thereto or any of the rules passed by the Gaming Commission 

have been or are being violated by gaming facility management or its 

employees or operators, they may move to another location or locations for 

further inspection or investigation of any and all records and my and all 

equipment, part thereof, devices, nr thin&) of any nature located upon the 

premises related to the operation of the licensed activity or any other gaming 

activity. A receipt shall be issued to the employee or operator of the activity 

which shall list and describe each record, that piece of equipment or part 

thereof, device, or thing(s) which has been removed from the premises. Each 

such record, piece of equipment, part thereof, or thing(s) so removed shall be 

returned to the premises within ten (1 0) days, except Saturdays, Sundays, and 

days when tribal offices are legally closed, in as good condition as it was 

when it was removed unless the Gaming Commission determines that Ihe 

Approved by L-AS-20 1 0- 12 

March 17,20 10 
record, equipment, devices, or thingls) so removed are necessary for an 

ongoing investigation andlor evidence of possible violalions of this Ordinance 

or rules of the Gaming Commission by gaming facility management, by 

employers or by operators of the licensed activity, or for possible forfeiture 

under Title I1 hereof with the Gaming Commission so notifying the licensee of 

the reasons said property or ihing(s) are to be so held. 

Section 322: Repealed. 

Section 323: Firearms Prohibition. 

+ No firearms, air guns which are capable of discharging dangerous projectiIes or gases, including 

but not limited to "3.3.'~" or C02 gums, rifles, shotguns, pistols, or revolvers shall be allowed 

on the premises, except as permitted by regulation of the Gaming Commission. 

Section 324: Credit Policy. 

No gaming facility management or any of its employees, or any operator conducting or in my 

way participating in the conducting of any of the activities, which are authorized by this 

Ordinance or by the Gaming Commissjon's Policies and Procedures, shall allow a person to play 

that activity on credit or shall grant a loan of any kind at any time to a person playing the 

activity. 

Section 325: Fraud Policy. 

No person involved in the operation of any activity authorized by this Ordinance or a rule of the 

Gaming Commission shall, directly or indirectly, in the course of such operation employ any 

device, scheme, or artifice to defraud; make any untrue statement of a fact, or omit to state a fact 

necessary in order to make a statement not misleading in consideration of the circumstances 

under whicl~ such statement was made; engage in any act, practice, or course of operation as 

would operate as a fraud of deceit upon any person. 

Section 326: Rules Documentation. 

Each gaming facility shall obtain, maintain, and keep current a copy of the Gaming Ordinance, 

the Absentee Shawnee Tribe Minimum Internal Control Standards, and all other rules of the 

Gaming Commission, and any amendments, which shall be located upon the premises used for 

the conduct of a licensed activity by a gaming facility during a11 times the activity is there 

conducted. The mles shall be produced by the gaming facility management and shown to any 

person upon demand. The fact that the gaming facility may not have a current copy of each of 

the rules of the Gaming Commission shall not in any way diminish the facility's obligation ta 

abide these mles. 

Section 327: Deleted. Rules and gaming procedures are found in the Tribal MICS and in 

gaming facility policies and procedures. 

Approved by L-AS-20 I 0- 12 

March I 7,20 10 
Section 328: Territorial Restrictions. 

No manufacturer or distributor shall make or have an agreement or understanding with any 

gaming faciIity that either of them shall be restrjcted in the operation of carrying on of business 

to a specific geographic area or areas, and such a restriction shall not be a condition of any sales 

between manufacturer, distributor and any other Absentee Shawnee Tribe gaming facility. 

Provided, that this shall not prevent a distributor or n~anufacturer form assigning sales territories 

among its bona fide representatives. 

Sect ion 329: Manufacturerll3istriblztar Information. 

Gaming facility management shall be responsible to insure that the name and address of each 

manufacturer and each distributor, selling or distributing equipment, or other things used, 

directly or indirectly, in any Absentee Shawnee Tribe gaming facility, is filed with the Gaming 

Commission. A11 said manufacturers or distributors must be listed with the Gaming Commission. 

Section 330: Deleted. Rules and gaming procedures are found in the Tribal MICS and in 

gaming facility policies and procedures. 

Section 33 1 : Progressive Payouts. 

All gaming facilities conducting games with a progressive payout feature will provide the 

Gaming Cornrnissjon, for approval, the system for accumulation and account restrictions of 

funds so designated. The procedure and any amendments thereto must receive prior written 

approval of the Gaming Commission. 

Section 332: Emplovees. 

AIE employees must be listed with and licensed by the Gaming Commission. Suc11 lists are to be 

kept current. 

TITLE IV. - CRIMINAL PENALTIES 

Section 401: Penalty for Conviction - Tribal Member. 

Any Absentee Shawnee Indian person violating the provisions of this Ordinance 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 ten (I 0) days nor more than six (6) months and a fine of not less than 

fifty dollars ($50.00) nor more than five hundred dollars ($500.00) or by both such fine or 

imprisonment for each separate violation. 

Any non-Absentee Shawnee Indian person vioIaiing the provisions of this Code shall be guilty of 

an offense and excluded from all areas within the jurisdiction of the Absentee Shawnee Tribe of 

Oklahoma. 

Approved by L-AS-20 1 0- 12 

March 17, 20 1 0 
TITLE V. - BACICGROmB INVFSTIGATIONS FOR PRIMARY MANAGEMENT 

OFFICTALSAND KEY EMPLOYEES 

Section 51 1 1: Privacy Notices. 

A. The Gaming Commission shall place the following notice on the application 

fonn for a key employee or a primary management official bfore 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 infunnation is to determine 

the eligibility of individuaIs to he granted a gaming license. The infomation 

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 oficial 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 

reguIator-y 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 trjbe or a gaming operation. Failure to 

consent to the disclosures indicated in this notice wiIl result in a tribe's being 

unable to license you for a primary management official or key employee 

position. Tile disclosure of your Social Security Number is voluntary. 

However, failure to supply a SSN may result in errors in processing your 

application. 

B. The Gaming Commission shall notify in writing existing key employees and 

primary management officids that shall either: 

1. Complete a new application form that contains a Privacy Act Notice; or 

2. Sign a statement that contains the Privacy Act notice and consent to the 

routine uses described in that notice. 

Section 502: Notice regarding false statements. 

A. The Gaming Commission shall place the following notice on the application 

form for a key empIoyee or a primary management officia? kfore that form is filled 

out by an applicant 

Approved by L-AS-20 10- 12 

March I 7,201 0 
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~k>ehedbyalinemim~mt@.S.~e, 

tide 18, Section 1001). 

B. The Chming Commission shall notify in wrj- existing key employees and primary 

management officials that they shall either 

1 . Complete a new application form that contains n ndce regarding hlse statements; 

or 

2. Si~a~~~thed~~ngfalse statements. 

Section 5 0 3 : Background Investigations for Class II Gaming. 

'The Gaming Commission shall perform a background invdgation for each pimay maraga official and for 

ah key employe of a class II gaming operation. 

A. The Gaming Commission shall request hm each primary management official 

and for each key employee all of the following information: 

1. Full name, other names used (oraI or written), sociaI smdy mMss), birth dzte, 

place oflnrd7, dxmshq gender, all languages (spoken or written); 

2. Far the previous 5 years: Business and employment posizions held, omdp interests 

in those bw business and residence addresses, and drivers limw numbers; 

3. The names and cmt ad- of at least tlm personal references, including one 

personal reference who was acquainted with the applicant during each period 

of residence lid under pagraph (AX21 of this section; 

4. Current business and residence telephone nmb; 

5. A man of my pims hsks relatid~p with Indian tribes, including 

ownership interests in those businesses; 

6. A~ptionofany~owW&~~the~gind~& 

Yx:hdmg odip hh& in those businesses; 

7. nlenameandad~~~lj~or~agencywrtl~~chthepersonhas 

-filed an applidon for a ljcense or permit relatdto gaming whether or not such license 

or pamit was granted; 

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

charge, the name and address ofthe court jnvoIvd, and the date and dispsition; 

Approved by L-AS-20 1 0- I 2 

March 17,2010 
9. For each misdemeanor conviction or ongoing misdemeanor pmaubon 

(arcIudmg minor fn%c violations) wik 10 years of the date of the application, the 

name and address of the court involved and the date and disposition; 

10. YE rare and ddrm of my liceatsing or qbtory agency with which tlle person has 

filed an application for an occupational license or permit, whetl~er or not such 

licenses or permit was granted; 

1 I. A photograph; and 

12. Any other information the Gaming Commission deems relevant. 

B. The Gamjng Cornmission shall conduct an investi@on sufficient to make a 

determination in accordance with the MICS. In conducting a background 

investigation, the Ganling Commission and its agents sMl promise to keep 

confidential the identity of each pason Irrtenjmed in the muse ofthe investigation. 

C. If the NationaE Indim Gaming Codon and the Gaming Comissim posses an 

investigative report for an employee, the Gaming Commission may update that 

report instead of performing an entirely new investigation. 

Section 504: Revort to National Indian Gaming Coinmission for Class 11 

Gaming. 

When the Gaming Commission employs a primary management oBciaf or a key employee, the Gaming 

Commission shall forward to the National Indian Gaming Commission any documentation required 

to be compliant with the MKS and NIGC regulations. 

Section 505: Backp~~und Investigations for Class IIl Gaming. 

The Gaming Commission shall conduct a backgmmd imesti@on for each primary management official 

and for each key employee using @ms as ~gmt as providd in the MICS. 

Section 5 06. Report to National Indian Gaming Commission for Class DI Gaming. 

Befm the liming authority licenses a key employee mprimary management official, dx Gaming Commission 

shall forward to the National Indian Gaming Comrnissjm the information mpkd mder the MICS. 

Approved by L-AS-20 1 0-1 2 

March 17,2010 
PROCEDURES FOR RESOSXTNG DISPUTES WTH CUSTOMERS 

OF THE GAMING OPERATION. 

Rules of play for each type of gaming that is licensed by the Gaming Comnlission the 

Absentee Sliawnee Tribe of Oklahoma, shall be approved by the Gaming Commissioners. 

Such rules slzall be posted in plain view, accessible and visible to all customers of the licensed 

gaming operation. All games are to be conducted in a fair and equitable manner by both customer 

and Licensee. In the event of a dispute between the customer and the Licensee of a gaming 

operation, the written rules of play shall gevm. The Licensee shall be initially responsible to 

resolve a1 I disputes with the customers. However, if a dispute cannot be resolved by the Licensee 

and the customer, the Licensee sl~all submit a written report to the Gaming Commission for final 

determination to resolve the dispute. Any customer not satisfied with the decision of the Gaming 

Commissioner may appeal the decision to the Executive Committee of the Ak&e Shawnee 

Tribe of Indians of Oklahoma. The decision of the Executive Committee is final. 

Approved by L-AS-20 I 0- 1 2 

Ma]-ch 1 7, 20 1 0