Cc. The Court, in case of contumacy or refusal to obey
a subpoena for any reason, issue an order requiring such
person to appear before the Board, and produce books,
papers, documents, or things as so ordered, and give
evidence concerning the matter in question, and any failure
to obey such order of the Court may be punished by the Court
as a contempt thereof.

D. The Board may order testimony to be taken by
deposition in any proceeding or investigation pending before
the Board at any stage of such proceeding or investigation.
Such depositions may be taken before any person designated
by the Board and having the power to administer oaths.
Reasonable notice must first be given to the Board in
writing by the party or his attorney proposing to take such
deposition, and, in cases in which the Board proposes to
take a deposition, reasonable notice must be given. The
notice shall state the name of the witness and the time and
place of the taking of his deposition. Any person may be
compelled to appear and depose, and to produce books,
papers, documents, or things in the same manner as witnesses
may be compelled to appear and testify and produce like
physical or documentary evidence before the Board as
hereinbefore provided.

E. Every person deposing as herein provided shall be
cautioned and shall be required to swear or affirm to
testify to the whole truth, and shall be carefully examined.
His testimony shall be reduced to writing where possible by
the person taking the deposition, or under his direction,
and shall, after it has been reduced to writing, be
subscribed by the deponent in the same manner as depositions
in civil cases. All depositions shall be promptly filed
with the Board.

F. Where any current or proposed Manager or licensee,
or a Primary Management Employee, Key Employee, or other
employee or Relative of a potential licensee or current
licensee fails or refuses to comply with a subpoena issued
pursuant to this Section, the Board may presume that the
testimony and evidence which would have been presented to
the Board would be adverse to the interests of the current
or potential licensee in the matter under investigation.

Section 210. Referrals for Prosecution

A. The Board shall, when information received during
an investigation indicates a violation of Tribal, Federal,
or State statutes, ordinances, or resolutions, provide such
information to the appropriate law enforcement officials.


An organization which maintains its books on other than
a calendar year basis, upon application to the Tribal Tax
Commission, may be permitted to file its report within
ninety (90) days after the close of its fiscal year. The
report when filed shall be a public record in the Office of
the Tribal Tax Commission.

Section 405. License fees not required for limited bingo
activity

Any organization qualifying under the provisions of
this chapter which conducts bingo activities three times or
fewer per year shall, upon filing of a verified application
with the Bingo Board, signed by the executive officer of
said organization setting forth that said organization shall
conduct bingo activities three times or fewer per year and
the dates and times and location wherein such activities
shall occur, shall be exempt from the payment of any license
fees provided in this chapter; provided, however, that such
organization shall be subject to all other provisions of
this chapter.

Section 406. Revocation of license

The Tribal Prosecutor may file a petition in the Tribal
court to revoke the license of any licensee alleging the
violation by the licensee, its agents, officers or employees
of any of the provisions of this Title. Thereafter,
following at least ten (10) days’ notice by certified mail
to the person designated to receive such notice in the
application filed to obtain the license sought to be
revoked, the Court, sitting without jury, shall hear said
petition and enter its order thereon. If said license is
revoked, said licensee shall not be permitted to reapply for
another license hereunder for a period of one (1) year from
date of revocation. Provided that notwithstanding any other
provisions of this chapter, any licensee whose license has
been previously revoked one time shall pay the sum of One
Hundred Fifty Dollars ($150.00) as renewal fee and the sum
of Three Hundred Dollars ($300.00) for any renewal following
a second or subsequent revocation.

Section 407. Limitation on applicants

No applicant whose existence as an organization is less
than two (2) years shall be granted a license.

Section 408. Payment of commissions salaries, etc.
Prohibited — Exception



demand shall be made by delivering to and leaving with him,
or with any clerk or other Tribal employee having charge of
the corporation department of his office, duplicate copies
of such process, notice or demand. In the event any such
process, notice or demand is served on the Tribal Secretary,
he shall immediately cause one of the copies thereof to be
mailed, addressed to the person, entity, or corporation at
its registered office. Any service so had on the Tribal
Secretary shall be returnable in not less than thirty days.
The Tribal Secretary shall keep a record of all processes,
notices and demands served upon him under this section, and
shall record therein the time of such service and his action
with reference thereto. Nothing herein contained shall
limit or affect the right to serve any process, notice or
demand required or permitted by law to be served upon a
person, entity, or corporation in any other manner now or
hereafter permitted by law.

Section 324. Agent for Service of Process

Any notice given to the Tribe hereunder shall be
delivered to the Tribe by certified mail, addressed as
follows:

Chairman Kenneth E. Black
Otoe-Missouria Tribe of Oklahoma
Rt. 1, Box 62

Red Rock, Oklahoma 74651

The Agent for service of process for any legal process
served in connection herewith shall be:

Chairman Kenneth E. Black
Otoe-Missouria Tribe of Oklahoma
Rt. 1, Box 62

Red Rock, Oklahoma 74651


1. to fund Tribal government operations and
programs, or

2. to provide for the general welfare of the
Tribe and its members, or

3. to promote Tribal economic development, or
4. to donate to charitable organizations, or

5. to help fund operations of local government
agencies.

B. In order to adequately account for the portion of
the revenue belonging to the Tribe as a result of any gaming
operation, the Treasurer shall deposit all such revenue in a
separate account, identified as such, and all such revenue
shall be expended only upon authority of a Council
Resolution appropriating such funds for one or more of the
purposes identified in subsection A of this section.

Cc. Per capita payments of such revenues to tribal
members may be made.

Section 504.C Per Capita Payments

Net revenues from any gaming activity (as defined by
the Indian Gaming Regulatory Act, 25 U.S.C. ~2703) may be
used to make per capita payments to Tribal members only if
the following conditions are first met:

A. The Tribe has prepared an adequate plan for
allocation of net revenues as described above in section
502, which plan has been approved by the Secretary of
Interior or his authorized delegee;

B. In the event of a per capita distribution, the
interests of affected minors and other legally incompetent
persons entitled to such per capita payments are adequately
protected and preserved, under a plan approved by the Bingo
Board and by the Secretary of the Interior or his authorized
delegee; and

c. The recipients of said per capita payments are
properly notified by the Tribe that the payments are subject
to federal taxation.

Section 505. Administration
Except for those Bingo Operations managed via

Contractors, each separate Tribal Bingo Operation shall be
administered by the Council sitting as its Board of


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receipt of request for such determination under this
section.

(c). The decision of the Bingo Board shall be subject

to judicial review in the same manner, and subject to the
conditions and limitations, as are other gaming matters.

Sections 115 - 195. Reserved

Section 196. Entire Ordinance

This Ordinance is the entire bingo ordinance which
governs bingo operations within the tribal jurisdiction.

Section 197. Severability

The provisions of this Title are severable. If any
part or provision hereof shall be held void by any Court of
competent jurisdiction, the decision of the Court so holding
shall not effect or impair any of the remaining parts or
provisions of this Title.

Section 198. Effective Date
This Title shall be effective from and after the date
of approval by the Tribe and the National Chairman.

Section 199. Citation

This Title may be cited as the "Otoe-Missouria Tribe of
Indians Bingo Ordinance of 1994."


CHAPTER SIX
MANAGEMENT CONTRACTS

Section 601. Appointment of Contractor

In lieu of hiring and appointing a Manager for a
particular authorized Bingo Operation, the Council may enter
into an Agreement with a Contractor to provide for the
management and administration of that Bingo Operation upon
such terms and conditions not inconsistent with the Act or
this Title as the Council may deem appropriate.

Section 602. Duties of the Contractor

It shall be the duty of the Contractor:

A. to manage and conduct all Bingo Games of the Bingo
Operation for which the Contractor has management
responsibility in a fiduciary capacity to maximize the
Revenues of said Bingo Operation, to cause to be prepared
and submitted to the Council such reports as may be required
by law or contract, to account for all monies and property
entrusted to the Bingo Operation for which the Contractor
has management responsibility, to collect and pay over all
taxes due the Tribe, and all assessments due the Commission,
and to perform any other duties as may be required by law or
contract,

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

Section 603. Requirements for Management Contracts

Every Agreement for the management of a Tribal Bingo
Operation shall provide:

A. for adequate accounting procedures that are
maintained, and for verifiable financial reports that are
prepared, by or for the Tribal governing body on a monthly
basis;

B. for access to the daily operations of the gaming to
appropriate Tribal officials who shall also have a right to
verify the daily gross revenues and income made from any
such tribal gaming activity;

Cc. for a minimum guaranteed payment to the Tribe that
has preference over the retirement of development and
construction costs;


a term of one year, and including specifically any financial
agreements made relative to the gaming operation with any
person.

B. Nonindividuals to be licensed in any capacity shall
submit at a minimum:

1. A complete statement as to the form of the
organization, including copies of its governing documents
and the name, address, and telephone number of the
governmental body having copies of such records on file or
responsible for oversight of the organization.

2. A complete certified copy of the organizations
minute book(s), records relating to ownership, governance,
and management of the organization, and a complete list of
all owners of equity interests in the organization or other
interests convertible to equity interests.

3. The organizations federal tax identification
number, the address and telephone number of all places at
which it has or does conduct business, and the name,
address, and telephone of its service agent, if any.

4. A statement as to whether any Primary
Management Official or Key Employee of the organization is a
member, or Relative of a member, of the governing body of
the Tribe, any other Constitutional or statutory agency or
body of the Tribe, or a Tribal employee.

5. Whether the organization, or any Primary
Management Offical or Key Employee of the organization, has
been convicted of any felony or gaming offense.

6. All prior experience or contact of the
organization, its Primary Management Officials and Key
Employees, with Indian gaming enterprises in any capacity,
and the gaming industry generally, including specifically
the name, address, and telephone number ofany regulatory or
licensing agency having jurisdiction over or records of such

prior actions.

7. Any previous contact that the organization,
its Primary Management Officials and Key Employees, has had
with persons involved with organized crime.

8. a complete statement as to prior arrests,
convictions, and civil suits whether as plaintiff or
defendant of the organization, its Primary Management
Officials and Key Employees, including the name of the
Court, the style and number of the case, a description of
the claims by each of the parties, and the outcome.
Whenever possible, the final judgment, and any opinion if


No license shall pay any commission, salary,
compensation, reward or recompense to any person for
conducting bingo except when such conducting is only
incidental to the regular employment of such employees of
such licensees, and in no event shall commission, salary,
compensation, reward or recompense, either directly or
indirectly, be based upon a percentage of the receipts
accruing to such licensee by virtue of such bingo operation.
Provided, that employees of a nonprofit organization may be
paid a fair and reasonable wage for their actual time spent
conducting bingo.

No licensee shall employ in any capacity a person who
has been convicted or a felony or gaming offense pursuant to
the laws of the United States, any Indian Tribe, or any
state.

Section 409. Fair and Reasonable Rental for Premises

No licensee shall pay more than the fair and reasonable
rental value for premises rented or leased for the purpose
of conducting bingo. In no case shall such fair and
reasonable rental value be based on a percentage of the
receipts accruing to such licensee by virtue of such bingo
operation.

Section 410. Sunday Bingo Prohibited - - Hours

No bingo shall be conducted by any licensee on the
first day of the week, commonly known and designated as
Sunday. No bingo shall be conducted between the hours of
midnight and 10:00 a.m. on weekdays.

Section 411. Limitation on sessions and prizes

No licensee may conduct more than one session per day,
each session not to exceed thirty bingo games per session
nor may any licensee conduct bingo games in excess of two
(2) days per week. At each location each day, a single game
of bingo shall not be conducted pursuant to more than one
license. No prize greater in the amount or value than Five
Hundred Dollars ($500.00) shall be offered or given in any
single game of bingo conducted under any such license and
the aggregate amount of all prizes offered or given in all
games played in a single session under any such licensee
shall not exceed Three Thousand Dollars ($3,000.00).

Section 412. Intoxicating and nonintoxicating beverages
prohibited



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H. "Bingo Site" or “Site” means the real estate upon
which is located the Bingo Facility.

I. "Concessions" means all soft drinks, food, novelty
items, and bingo paraphernalia sold at the Bingo Facility.

J. “Contractor” means a person or entity (other than
the Tribe) who is party to an Agreement having
responsibility for the Management of a particular Bingo
Operation on a particular Bingo Site.

K. "Council" means the Tribal Council of the Otoe-—
Missouria Tribe.

L. "Court" means the Courts of the Otoe-Missouria
Tribe.

M. “Criminal Investigator" means the criminal
investigator assigned to the Bureau of Indian Affairs Agency
having jurisdiction over the land of the Tribe, or, in his
absence, the Superintendent.

N. "Equipment" means all gaming, office, concession,
and maintenance equipment necessary to the operation of
Bingo Games and the Bingo Facility.

O. “Equipment Costs" as to any item of Equipment or
period of time, means the lowest cost at which Bingo
Equipment may be acquired.

P. "Facilities Costs" as to the Bingo Facility or any
period of time, means the cost of acquiring a Bingo Site and
establishing thereon a Bingo Facility.

Q. "Gaming Commission" means the National Indian
Gaming Commission established pursuant to Section 5 of the
Act.

R. “Gross Receipts" means, as to any period, all
income (calculated on a cash basis) derived, produced, or
created in any manner whatsoever related to or as a result
of business done, sales made and services rendered at, in,
about, from, or upon the Bingo Site during such period by
the Contractor and its affiliates, whether individuals,
corporations, partnerships, firms, or other business
entities and shall further include income to the Contractor
hereunder produced or derived from the _ subleasing,
subrenting, permitting, contracting, or other authorized use
of the Bingo Site or Bingo Facility by individuals,
partnerships, corporations, firms, or other business
entities, at the fair annual rental value of each part or
portion of the premises so subleased, subrented, permitted,
or otherwise contracted for use in accordance with an
Agreement, the lease of the Bingo Site granted to


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

Section 318. Renewals

Every license shall be renewable upon request in such
form as the Bingo Board shall by rule determine, provided
that the renewal request shall specifically identify any
changes in the renewal applicant’s original license
application or renewal license application, as the case may
be, since the issuance of said license, and the renewal
applicant shall pay a renewal fee established by the Board
not to exceed 3/4 of the fee for the original issuance of
the license to be renewed.

Section 319. License Locations

The Tribe shall issue a separate license to each place,
facility, or location on Indian lands where class II gaming
is conducted under this Ordinance.

Section 320. Repeal

To the extent that they are inconsistent with this
Ordinance, all prior Bingo Ordinances and provisions are
hereby repealed.

Section 321. Registered Office and Registered Agent

Each person, entity, or corporation who manages or
operates a bingo operation shall have and continuously
maintain within the Tribal jurisdiction a registered office
and a registered agent, which agent may either be an
individual resident of the Tribal jurisdiction or a
corporation authorized to transact business in this
jurisdiction having a business office identical to such
registered office.

Section 322. Change of Registered Office or Registered
Agent

A person, entity, or corporation may change its
registered office or change its registered agent, or both,
upon filing in the office of the Secretary a statement
setting forth:

1. The name of the person, entity, or corporation.

2. The address of its then registered office.


B. The Tribal Prosecutor shall investigate activities
associated with gaming authorized by this Title which may be
a violation of Tribal law.

Section 211. orizati 2} tions

There are hereby authorized to be appropriated such
sums as may be necessary for the operation of the Board.


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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.

Section 306. nner of Filing Instr nts with Board

Any document, affidavit, return, report, fee or other
instrument or payment required to be filed with, delivered
to, or served upon the Bingo Board by this Title shall be
deemed to be properly filed, delivered, or served, as the
case may be if it is filed, delivered, or served upon the
Chairman of the Bingo Board at the Tribal Complex, or such
Tribal employee at the Tribal Complex as the Bingo Board
shall designate in writing.

Section 307. Issuance of Instruments by Board

Any license, registration form, receipt, or other
instrument which the Bingo Board is required or permitted to
issue pursuant to this Title, may be issued by the Chairman
of the Bingo Board pursuant to the order of the Board, or in
such other manner as the Board shall by rule provide.

Section 308. Criminal Investigation of License Application

A. Upon receipt of any application forms or of any
affidavit or other instrument listing the names of any
Primary Management Officials, Key Employees, owners,

employees, or other persons involved in Bingo conducted or
to be conducted pursuant to this Title, the Bingo Board
shall request the Tribal Chairman, the Police Chief and the
Criminal Investigator to verify that, after due
investigation no record can be found of a conviction of any
such persons of a felony or a gaming offense.

B. The Bingo Board shall request the Tribal Chairman,
the Police Chief, and the Criminal Investigator to
investigate the accuracy of any information submitted or
required to be submitted to the Board pursuant to this Title
as may be appropriate.

C. The Police Department of the Otoe-Missouria Tribe
is authorized and designated to conduct and perform any
criminal history investigations under this Ordinance. Such
criminal history investigations shall include a check
through the Federal Bureau of Investigation National Crime
Information Center. The Tribal Police Department is also
authorized to assist the Tribal Chairman and Bingo Board, in


The Board may, by order, consolidate some or all of the
license hearings pending in which either the same person or
entity is applying for more than one license or type of
license, or different persons are applying for one or more
types of licenses for one location.

Section 304. Hearing Procedure

The Board shall have power to determine its own rules
of procedure, not inconsistent with this Title, in its
conduct of licensing hearings and other investigations.

Section 305. License Applications

(1). Applications for licenses shall be made in
writing in such form as the Board shall by rule provide,
subject to the following requirements:

A. All individuals to be licensed in any capacity
shall submit at a minimum:

1. a complete resume
2. their social security number

3. a statement as to whether the individual is a
member, or Relative of a member, of the governing body of
the Tribe, any other Constitutional or statutory agency or
body of the Tribe, or a Tribal employee

4. whether the individual has been convicted of
any felony or gaming offense.

5. all prior experience or contact with Indian
gaming enterprises in any capacity, and the gaming industry
generally including specifically the name, address, and
telephone number of any regulatory of licensing agency
having jurisdiction over or records of such prior actions

6. any previous contact that the individual has
had with persons involved with organized crime.

7. a complete statement as to prior arrests,
convictions, and civil suits whether as plaintiff or
defendant, including the name of the court, the style and
number of the case, a description of the claims by each of
the parties, and the outcome. Whenever possible, the final
judgment, and opinion if available, of the Court should be
attached to the application.

8. A complete financial statement showing assets,
liabilities, net worth, all debts owed and leases exceeding


3. If the address of its registered office is to be
changed, the address to which the registered office is to be
changed.

4. The name of its then registered agent.

5. If its registered agent is to be changed, the name
and address of its successor registered agent.

6. That the address of its registered office and the
address of the business office of its registered agent, as
changed, will be identical.

7. That such change was authorized by resolution duly
adopted by its authorized representative or its board of

directors. Such statement shall be executed by the
corporation by its president, or vice president, and
verified by him, and delivered to the Secretary. If the

Secretary finds that such statement conforms to the
provisions of this Act, he shall file such statement in his
office, or the appointment of a new registered agent, or
both, as the case may be, shall become effective. Any
registered agent of a person, entity, or corporation may
resign as such agent upon filing a written notice thereof,
executed in duplicate, with the Secretary, who shall
forthwith mail a copy thereof to the person, entity, or
corporation at its registered office. The appointment of
such agent shall terminate upon the expiration of thirty
days after receipt of such notice by the Secretary. If a
registered agent changes his or its business address to
another place within the tribal jurisdiction, he or it may
change such address and the address of the registered office
of any person, entity, or corporation of which he or it is
registered agent by filing a statement as required above
except that it need be signed only by the registered agent
and need not be responsive to 5 or 7 and must recite that a
copy of the statement has been mailed to the person, entity,
or corporation.

Section 323. Service of Process

The registered agent so appointed by a person, entity,
or corporation shall be an agent of such person, entity, or
corporation upon whom any process, notice or demand required
or permitted by law to be served upon the person, entity, or
corporation may be served. Whenever a person, entity, or
corporation shall fail to appoint or maintain a registered
agent within the Tribal jurisdiction, or whenever its
registered agent cannot with reasonable diligence be found
at the registered office, then the Tribal Secretary shall be
an agent of such person, entity, or corporation upon whom
any. such process, notice or demand may be served. Service
on the Tribal Secretary of any such process, notice or


4 wW

Board to assist the Board in carrying out its duties under
this Title, unless otherwise prohibited by law or contract.

Section 205. Board Access to Information

The Bingo Board may secure from any department or
agency of the Tribal government, and from cooperating
agencies or departments of the government of any Indian
Tribe, any State, or the United States information necessary
to enable it to carry out its function under this Title.
Upon request of the Board, the head of any Tribal department
or agency shall furnish such information to the Bingo Board
unless otherwise prohibited by law.

Section 206. Board Distribution of Information

The Bingo Board is authorized, upon request for law
enforcement purposes or as required by law, to distribute to
the Commission, the Oklahoma Indian Gaming Commission, and
any agency of another federally recognized tribe or state
having authority to regulate gaming or prosecute offenders
for violations of the appropriate gaming laws within the
jurisdiction of such tribe or state, such information as it
may have available, unless otherwise prohibited by law.

Section 207. Assessment of Fees

A. The Bingo Board shall oversee and monitor a
schedule of fees to be paid to the Commission annually by
each Manager, Owner, Operator, or Contractor operating a
Bingo Facility that is regulated by this Title, and shall
review said schedule annually during its budget process.

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

1. no less than 0.5 percent nor more than 2.5
percent of the first $1,000,000 of Gross Receipts, and

2. no more than 5 percent of the Gross Receipts
in excess of the first $1,000,000

of the Gross Receipts from each entity regulated by this
Title.

C. Failure to pay the fees imposed under the schedule
of fees shall, subject to the regulations of the Board, be
grounds for revocation or suspension by the Board of the
license of the nonpaying entity or person required by this
Title for the operation of Bingo Games and a Bingo Facility.


Vw ‘ee

CHAPTER ONE
GENERAL PROVISONS

Section 101. Bingo Prohibited-Exceptions

No person shall conduct any game of bingo within the
Indian Country subject to the jurisdiction of the Tribe, for
which a charge is made or other consideration requested or
required for participation, or to the winner of which any
prize is awarded, provided, that a person licensed pursuant
to this Title may conduct or operate bingo games pursuant to
this Title.

Section 102. Limitations on Hiring of Employees

Managers, Contractors, Operators, and Owners licensed
to conduct Bingo pursuant to this Title shall never allow
any of the following persons to become an employee of such
Manager, Contractor, Operator, or Owner, or otherwise
receive any salary, renumeration, dividend, benefit, or
recompense in any manner whatsoever, either directly or
indirectly as a result of, or due to, the Manager,
Contractor, Operator, or Owner conducting Bingo within the
Tribal jurisdiction:

(a). Any person less than sixteen years of age,

(b). Any person whose prior activities, criminal
record, if any, or reputation, habits and associations pose
a threat to the public interest or to the effective
regulation of gaming , or create or enhance the dangers of
unsuitable, unfair, or illegal practices and methods and
activities in the conduct of gaming shall not be eligible
for employment.

(c). Any person who is employed by the Tribe, if it
shall interfere with his Tribal employment,

(d). Any person who holds any elective or appointive
office or position of the Tribe including but not limited to
any member of the Council, Election Committee, Law and Order
Committee or any other Committee established by the
Constitution or Council, the Tribal Court.

Section 103. Implied Consent for Audits and Reviews

Any person, organization, or corporation which applies
for or receives a license to conduct Bingo pursuant to this
Title shall be deemed to have consented to the audit and
review of its records by authorized accounting or law
enforcement agencies or officers of the Tribe without notice


Section 314. ‘ant. a ng License

1. If, within a thirty (30) day period after the
National Indian Gaming Commission receives a report, the
National Indian Gaming Commission notifies the Tribe that it
has no objection to the issuance of a license pursuant to a
license application filed by a key employee or a primary
management official for whom the Tribe has provided an
application and investigative report to the National Indian
Gaming Commission, the Tribe may issue a license to such
applicant.

2. The Tribe shall respond to a request for additional
information from the Chairman of the National Indian Gaming
Commission concerning a key employee or a primary management
official who is the subject of a report. Such a request
shall suspend the 30-day period under paragraph 1 of this
section until the Chairman of the National Indian Gaming
Commission receives the additional information.

3. If, within the thirty (30) day period described
above, the National Indian Gaming Commission provides the
Tribe with a statement itemizing objections to the issuance
of a license to a key employee or to a primary management
official for whom the Tribe has provided an application and
investigative report to the National Indian Gaming
Commission, the Tribe shall reconsider the application,
taking into account the objections itemized by the National
Indian Gaming Commission. The Tribe shall make the final
decision whether to issue a license to such applicant.

Section 315. Suspension and Revocation of Licenses

A. Whenever it appears that a holder of a license is
not eligible to hold that license, or that the holder of a
license is in violation of the Act, this Title, or other
applicable Tribal law, or that continued licensing of the
licensee would pose a threat to the public interest or to
the effective regulation of gaming, or create or enhance the
dangers of unsuitable, unfair, or illegal practices,
methods, and activities in the conduct of Bingo, the Board
may suspend and after a hearing cancel such license.

B. If, after the issuance of a gaming license, the
Tribe receives from the National Indian Gaming Commission
reliable information indicating that a key employee or a
primary management official is not eligible for employment
under subsection A. above, the Tribe shall suspend such
license and shall notify in writing the licensee of the
suspension and the proposed revocation.


3. Otoe-Missouria Police Department, the Police Chief,
or his or her replacement, shall report the results of the
background investigation to the National Indian Gaming
Commission.

4. The Chief of Police of the Otoe-Missouria Tribe of
Oklahoma Police Department, or his designated deputy, or
such other law enforcement agencies as may be selected by
the Tribal Bingo Board and reported to the National Indian
Gaming Commission, shall obtain and process fingerprints and
immediately submit the fingerprint cards to the National
Indian Gaming Commission.

5. The Chairman, or in his or her absence, the Vice
Chairperson of the Tribal Bingo Board, shall make the
suitability determinations.

The positions and people identified above were selected
after due discussion among both staff and Tribal leaders.

The minimum investigative procedures to be performed
shall include the following:

1. Verification by written or oral communication of
information submitted by applicant.

2. Inquiries into the applicant’s prior activities,
criminal record, if any, and reputation, habits and
associations; interviews with a sufficient number of
knowledgeable people such as former employers, personal
references, and others to whom referred in order to provide
a basis for the Tribe to make a finding concerning the
eligibility for employment in a gaming operation.

3. Documentation of the disposition of all potential
problem areas noted and disqualifying the information
obtained.

An investigative report shall set forth the following:

1. Steps taken in conducting the background
investigation;

2. Results obtained;
3. Conclusions reached; and

4. The bases for those conclusions.

Section 309.C Fingerprints


9. Approver of credit,

10. Custodian of gaming devices including persons with
access to cash and accounting records within such devices,

11. any other person whose total cash compensation is
in excess of $50,000 per year, or

12. the four (4) most highly compensated persons in the
gaming operation.

T. “Loan" means the non-recourse loan or loans made by
the Contractor, or others at his request, to the Bingo
Operation for the purpose of acquisition, improvement, or
operation of the Site and Bingo Facility. The exclusive
source for the repayment of all such loans shall be the
Revenues of the Bingo Games conducted at the Bingo Facility,
without recourse against the Tribe or its officers,
agencies, other businesses, if any, or employees in the
event that the Revenue of the Bingo Operation is
insufficient to repay the principal and/or interest on said
loans, in which event, the loan or loans shall be deemed
forgiven and no right of action shall exist in any Court as
against the Tribe, its officers, agencies, other businesses,
or employees for the repayment of such loans and/or any
interest thereon, and Contractor shall hold the Tribe
harmless in such regard.

U. "Manager" means an individual person hired by the
Tribe as a regular employee of the Tribe with overall
management responsibility for a Bingo Operation.

Vv. "National Chairman" means the Chairman of the
National Indian Gaming Commission. Until the Commission is
organized and prescribes regulations, the term "Chairman" as
used in this Title or any Agreement shall mean the Secretary
of the United States Department of the Interior or his
authorized representative.

W. “Operating Costs" as to any period of time, means
all reasonable and necessary costs (calculated on a cash
basis) incurred in the operation of the Bingo Facility and
the conduct of Bingo Games, including but not limited to
reasonable payroll expenses, advertising, security,
insurance, applicable taxes, utilities, printing, and the
costs of goods sold, and excluding depreciation of the Bingo
Facility and Equipment, amounts paid to amortize loans used
to construct or acquire the Bingo Facility or Equipment, and
management fees. The term “Operating Costs" does not
include that portion of payroll payments to Primary
Management Officials and Key Employees of Contractor in
excess of $20,000.00 per annum, absent the prior written
approval of the Council by Resolution.


Contractor, and this Title; provided however, that all sales
made on credit shall be treated as “gross receipts" as of
the date the sale was made. Further, the term “gross
receipts" shall include all money and other things of value
received by or paid to Contractor, or to others for
Contractor’s use or benefit including specifically the face
value of all checks or drafts returned to Contractor unpaid
for any reason, and all credit extended by Contractor in
connection with the business conducted by Contractor,
directly, or indirectly, on or from the foregoing, the sale
of all merchandise, of whatever kind or character, and all
services performed by Contractor, or anyone working for
Contractor, for which payment is received. The term “gross
receipts” shall not include, however, any sums collected
and paid out for any sales or excise tax imposed by any duly
constituted governmental taxing authority where such tax is
billed to the purchaser as a separate item. It shall not
include the exchange of merchandise between the stores, if
any, of Contractor or subcontractor where such exchanges of
goods or merchandise are made solely for the convenient
operation of the business of Contractor or subcontractor and
not for the purpose of consummating a sale which has
theretofore been made at, in, for, or upon the Bingo Site or
Bingo Facility. Said term shall not include sales of
fixtures not in the regular course of business, but shall
include similar sums collected by an Owner, Operator, or
Manager when the Bingo Games are being conducted by such
persons.

S. "Key Employee” means any employee of a Contractor,
Operator, or Owner of a Bingo Operation whose total
renumeration from Contractor, Owner, or Operator, and the
Bingo Operation, exceeds, in aggregate, $20,000.00
regardless of the source from which derived, or who is a
Relative of a Primary Management Official of Contractor, or
who supervises directly or indirectly 5 employees of the
Bingo Operation. The term also includes any 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,


D. To the extent that revenue derived from fees
imposed under the schedule established by this Section is
not expended or committed at the close of any fiscal year,
such surplus funds shall be credited to each entity or
person who paid fees during that year pro rata against such
fees imposed for the succeeding year.

Section 208. Judicial Review

A. The decisions of the Board denying, suspending, or
revoking a license, or ordering permanent closure of a Bingo
Operation or Bingo Games, shall be subject to judicial
review in a suit, in the Tribal Court only, naming the Board
as the sole defendant notwithstanding Tribal sovereign
immunity. The Tribal Court may enter declaratory and
injunctive relief only against the Board, provided, that the
limited waiver of immunity herein contained is conditioned
upon the plaintiff in such action posting a bond with good
sufficient sureties in an amount not less than $5,000.00 to
be determined by the Court for the payment of the Tribal
Prosecutor’s fees and court costs in the event that the
plaintiff therein does not prevail, and provided further,
that no temporary restraining order or preliminary
injunction may be issued in favor of such plaintiff absent a
clear showing upon hearing of testimony and other evidence
that (1) the plaintiff is likely to prevail upon the law and
facts, (2) that the public health, welfare, and safety will
not be harmed by such temporary relief, (3) that the balance
of equity is strongly in favor of such plaintiff, (4) the
plaintiff will suffer irreparable harm absent such temporary
relief other than simply loss of profits or fees, and (5) at
least forty-eight hours notice to the Tribal Prosecutor.

B. The individual members of the Bingo Board shall be
absolutely immune from civil suit in all actions at law or
in equity for any actions taken or statements made within
the scope of their authority as members of the Bingo Board,
or in a good faith belief that their actions or statements
were within the scope of their authority.

Section 209. Subpoena and Deposition Authority

A. The Board shall have the power to require by
subpoena the attendance and testimony of witnesses and the
production of all books, papers, documents, and things
relating to any matter under consideration or investigation.

B. The attendance of witnesses and the production of
books, papers, and documents, may be required from any place
in the United States at any designated place of hearing.
The Board may request the Commission to bring appropriate
action to enforce any subpoena under this Section.


et ww

DD. "Prosecutor" shall mean the Attorney General or
Tribal Prosecutor of the Otoe-Missouria Tribe.

EE. "Relative" means an individual related to the
referenced person as a father, mother, son, daughter,
brother, sister, uncle, aunt, nephew, niece, first cousin,
husband, wife, father-in-law, mother-in-law, son-in-law,
daughter-in-law, brother-in-law, sister-in-law, stepfather,
stepmother, stepson, stepdaughter, stepbrother, stepsister,
half-brother, or half-sister.

FF. "Revenue" means Gross Receipts less Operating
Costs, Prize Costs, actual payments made to amortize loans
for Facility Costs, and a percentage of the Equipment Costs
appropriate to the period for which the Revenue is to be
calculated.

GG. “Secretary" or “Tribal Secretary" means the
Secretary of the Otoe-Missouria Tribe of Oklahoma.

HH. "Superintendent" means the chief administrative
officer assigned to the Bureau of Indian Affairs Agency
having jurisdiction over the land of the Tribe.

II. “Title” or "this Title" means the Bingo Ordinance
of the Tribe as now in force or as hereafter amended.

dg. "Treasurer" or “Tribal Treasurer" means the
Treasurer of the Otoe-Missouria Tribe of Oklahoma.

KK. “Tribal Chairman or Chairman" means the Chairman
of the Otoe-Missouria Tribe of Oklahoma.

LL. "Tribal Prosecutor" means the Tribal Attorney or
other chief law enforcement officer of the Tribe.

MM. “Tribe" means the Otoe-Missouria Tribe of
Oklahoma, or the Council of the Otoe-Missouria Tribe of

Oklahoma.


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available, of the Court should be attached to the
application.

9. A complete list of every other organization
with which it is affiliated, including without limitation, a
parent, subsidiary, owner of equity interests sufficient to
mame one person to a managing entity, organization with
which the applicant has at least one common director,
officer, Primary Management Official, or Key Employee even
though the individual’s status may not be the same in both
organizations.

10. A description of the safeguards the
organization has in place to prevent any person from
becoming a Primary Management Official or Key Employee of
said organization without first obtaining a license from the
Bingo Board.

11. The names, addresses, telephone numbers (work
and residence), social security number, and complete resume
showing every place of employment and residence for the next
preceding twenty years of every Primary Management Official
and Key Employee of said organization.

Cc. Applications for a Bingo Facility License must
contain at a minimum:

1. A complete legal description of the Bingo
Site, including evidence that said Site is within the
territorial jurisdiction of the Tribe.

2. A complete and accurate description of the
Bingo Facility, including where possible blueprints,
drawings, floor plans including square footage, utility
services, waste services, parking plans, and photographs.

3. Evidence that the proposed Bingo Facility
complies with national building and fire codes.

4. Evidence that the Bingo Facility is insurable
against fire and other hazards, and that liability insurance
may be obtained to protect the public from hazards which may
exist in or around the proposed Bingo Facility.

D. Every application for a license shall be verified
under oath or affirmation.

(2). Application Forms

The following additional requirements shall be
included on the license application form approved by the
Board:


“oun WRITE
aw

f

NDIAN DATE

AMING

ComMISSION JUN = 2 Iggq Hy
[AME

Chairman Kenneth E. Black *®

Otoe-Missouria Tribe

Rt. 1, Box 62

Red Rock, Oklahoma 74651 o

Dear Mr. Black: ‘
NAME

: This letter responds to your request to review and approve the

: tribal gaming ordinance adopted by the Otoe Missouria Tribe (the
Tribe) by Resolution OMTC #019 on April 6, 1994. This letter Qua
constitutes such approval under the Indian Gaming Regulatory Act DATE
(IGRA).

Under the IGRA and the regulations of the National Indian Gaming
Commission (NIGC), the Chairman is directed to review ordinances NAME
with respect to the requirements of the IGRA and the implementing
regulations. Thus, the scope of the Chairman's review and Nay
approval is limited to the requirements of the IGRA and the NIGC
regulations. Provisions other than those required under the IGRA DATE
or the NIGC regulations that may be included in a tribal <

ordinance are not subject to review and approval. Such approval L
does not constitute approval of specific games. Also, the gaming 7
ordinance is approved for gaming only on Indian lands as defined NAME
in the IGRA.

With the Chairman's approval of the Tribe's gaming ordinance, the|
Tribe is now required to conduct background investigations on its DATE
key employees and primary management officials. The NIGC expects
to receive a completed application for each key employee and
primary management official pursuant to 25 C.F.R. § 556.5(a) and

a) investigative report on each background investigation before NAME
issuing a license to a key employee or primary management
official pursuant to 25 C.F.R. § 556.5(b).

Thank you for submitting the ordinance of the Otoe-Missouria DATE
Tribe for review and approval. The NIGC staff ‘and I look forward]
to working with you and the Tribe in implementing the IGRA.

Sincerely yours, NAME
Anthony J. Hope
Anthony J. Hope DATE
Chairman

[was

ec: Truman Carter, Esq.

1850 M STREET. NW. SUITE 250 WASHINGTON. OC 20036 TEL 202-632-7003 FAX 202-632-7066 DAT!



Operation must first obtain the approval of the Tribal
Council.

H. To lease property from or to the Tribe and others
for such periods as are authorized by law, and to hold and
Manage or sublease the same.

I. To borrow or lend money, to issue temporary or long
term evidence of indebtedness, and to repay the same;
provided, the Bingo Operation must first obtain approval of
the Tribal Council.

J. To pledge the assets, other than real property, as
security for debts; and to acquire, sell, lease, exchange,
transfer or assign personal property or interest therein.

K. To make rules and regulations regarding its
activities pursuant to this Title as the Bingo Operation may
deem necessary and desirable to effectuate the powers
granted by this Title. Provided, that all such rules and
regulations shall be filed for record in the Tribal
Secretary’s Office and the Tribal Court Clerk’s office and
approved by the Tribal Council prior to being given any
force or effect.

L. To purchase insurance from any stock or mutual
company for any property or against any risk or hazards, and
the sovereign immunity of the Bingo Operation is hereby
waived to the limit of the scope and extent of such
insurance as may be in force as to any claim payable by such
insurance.

M. To invest such funds as are not required for
immediate disbursements; provided, the Bingo Operation must
first obtain approval of the Tribal Council.

N. To establish and maintain such bank accounts as may
be necessary or convenient, subject to audit by Tribal
officials.

oO. To employ such officers as may be necessary or
convenient, and to employ technical and maintenance
personnel and such other officers and employees, permanent
or temporary, as the Bingo Operation may require, to
establish the conditions of their employment, and to
delegate to such officers and employees their powers or
duties.

P. To take such further actions, not inconsistent with
this Title, as are commonly engaged in by public or
corporate bodies of this character.

Q. To enter into partnerships, joint ventures, and
other business arrangements with any legal entity to


ot ww

appropriate examples, shall be prominently displayed within
the room in which Bingo is to be conducted in such manner
that the public shall have immediate and unrestricted access
thereto.

Section 107. Intoxicating Beverage Prohibited

No person shall sell, serve, give away, consume,
furnish, or possess any beer, ale, wine, liquor, spirits, or
any other beverage or product containing alcohol for
ingestion by human beings or any substance listed in Section
812 of Title 21 of the United States Code or added to the
schedules contained therein as provided by Federal law, at
or near any game or session of Bingo conducted within the
Tribal jurisdiction. Any Indian violating this section
shall be guilty of an offense. Any non-Indian violating
this section shall be expelled from the Indian Country
subject to the jurisdiction of the Tribe, or held for the
Federal authorities.

Section 108. Age Restrictions

No person under the age of sixteen (16) years shall be
permitted to play Bingo.

Section 109. Discrimination Prohibited

No person shall be discriminated against due to race,
color, creed, sex, or national origin at any game of Bingo,
or for employment by any Manager, Contractor, Owner, or
Operator.

Section 110. Indian Preference Required

Every Manager, Contractor, Operator, or Owner shall
give preference in hiring and employee retention practices
to members of the Otoe-Missouria Tribe of Indians and then
to members of other Federally recognized Indian Tribes.

Section 111. Civil Penalties

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

B. The Tribal Prosecutor is authorized to bring a
civil action against any person violating the provisions of
this Title.


or warrant at any reasonable time, including spot checks or
field audits of its operations during Bingo sessions in
return for the privilege of conducting Bingo Games within
the Tribal jurisdiction.

Section 104. Annual Audits

A. Not less frequently than once each calendar year,
an independent audit, will be conducted by a Certified
Public Accountant designated by the Bingo Board with respect
to each bingo operation.

B. All contracts for supplies, services, or
concessions for a contract amount in excess of $25,000.00
annually (except contracts for professional legal or

accounting services) relating to a gaming operation shall be
subject to such independent audits, and each such contract
shall contain a clause whereby each party thereto agrees to
cooperate and comply with said audit.

c. This Bingo Board shall levy upon each gaming
operation a fee sufficient to pay for the expenses
associated with the audit or audits provided for by this
section. Such levy, upon being filed in the office of the
clerk of the Tribal Court, shall be subject to collection in
the same manner as money judgments entered by the Tribal
Court.

D. The Tribe shall submit the resulting audit reports
to the National Indian Gaming Commission.

Section 105. Environmental Protection

A. The Manager, Owner, Operator, or Contractor shall
construct and maintain the Bingo Facility and operate the
Bingo Games in a manner which adequately protects the
environment and the public health and safety.

B. The Bingo Board shall have jurisdiction to make and
enforce any regulations necessary to protect the environment
and the public health and safety with regard to the
construction, maintenance, and operation of a _ Bingo
Facility. In doing so, it may request the assistance of the
Tribal Health Department, the Tribal Prosecutor, the Tribal
Police, and other interested Tribal agencies.

Section 106. Public Notice of Prizes, Charges, and Rules

A list of Prizes to be given away by game, the charges
for participation by game, and the rules of each game with


B. The income to the Tribe from nonprofit gaming must
be used only for the same purposes as other gaming income
under the Act.

c. The Operator of the nonprofit bingo shall pay an
appropriate assessment to the Commission as required by the
Act.


1. Pursuant to the procedures set out in Section 311
of this chapter, the Tribe shall prepare and forward to the
National Indian Gaming Commission an investigative report on
each background investigation. An investigative report
shall include all of the following:

a. Steps taken in conducting a background
investigation;

b. Results obtained;
c. Conclusions reached; and
d. The bases for those conclusions.

2. The Tribe shall submit, with the report, a copy of
the eligibility determination made under Section 310 of this
chapter.

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

a. Shall notify the National Indian Gaming Commission;
and

b. May forward copies of its eligibility determination
and investigative report (if any) to the National Indian
Gaming Commission for inclusion in the Indian Gaming
Individuals Records System.

4. With respect to key employees and primary
management officials, the Tribe shall retain applications
for employment and reports (if any) of background
investigations for inspection by the Chairman of the
National Indian Gaming Commission or his or her designee for
no less than three (3) years from the date of termination of
employment.

Section 313. Issuance of Licenses

Whenever it appears to the Board upon investigation
that a proposed license would be consistent with the Act,
this Title, and the public interest, it shall issue the
requested license after thirty days notice of intent to
issue said license to the National Chairman unless, during
the notice period, the Board is directed by the Commission
to delay issuance of said license for further investigation.
It shall be a condition of said licenses that the licensee
or the proponent of the license notify the Bingo Board in
writing within working 72 hours of any event which would
change any of the answers or information submitted with his
license application.


effectuate the purposes of the Bingo Operation; provided,
the Bingo Operation must first obtain approval of the Tribal
Council.

R. To adopt such rules and regulations for the
government of its internal affairs as the Operation deems
necessary or appropriate to administer or enforce this Title
and its activities thereunder, provided, that all such rules
and regulations shall be filed for record in the Tribal
Secretary’s Office and the Tribal Court Clerk’s Office and
approved by the Council prior to being given any force or
effect.

Ss. To operate, manage, use, and control, including
entering into leases as herein before provided, such
personal property which the Council shall assign to its use.

T. To use such name as may be approved by the Tribal
Council in any of its business activities within or without
the Tribal jurisdiction, and to incorporate or hold stock in
such other corporations as may be necessary or convenient.

U. To exercise, in conformity with Tribal law, the
power of eminent domain excepting land or interest therein
held by any other agency of the Tribe, in order to further
the purposes and powers expressed in this Title.

Vv. To operate Bingo Games in the manner provided for

by this Title at a particular Bingo Facility and Site
approved by the Tribal Council.

Section 508. Duties of the Bingo Manager

It shall be the duty of the Bingo Manager to manage and
conduct all Bingo Games of the Tribal Bingo Operation in a
fiduciary capacity to maximize the Revenues of said
operation, to cause to be prepared and submitted to the
Council such reports as may be required by law, to account
for all monies and property entrusted to the Tribal Bingo
Operation, to collect and pay over all taxes due the Tribe
and all assessments due the Commission and the Bingo Board,
and to perform any other duties as may be required by law.

Section 509. Supplies and Equipment

Subject to the approval of the Council, the Manager may
incur such expenses and purchase such equipment as may be
necessary for the conduct of the Tribal Bingo Operation.
All equipment purchases shall be the property of the Tribe.

Section 510. Location of Bingo Sessions



Fingerprints of Key Employees and Primary Management
Officials shall be taken by the Otoe-Missouria Tribe of
Oklahoma Police Department, Red Rock, Oklahoma, or such
other duly authorized law enforcement agency authorized in
writing by the Bingo Board, after due notice to the National
Indian Gaming Commission. The Otoe-Missouria Tribe of
Oklahoma Police Department or other authorized law
enforcement agency shall thereafter immediately submit such
fingerprint cards to the National Indian Gaming Commission
for processing.

Section 310. Eligibility Determination

The Tribe shall review a person’s prior activities,
criminal record, if any, and reputation, habits and
associations to make a finding concerning the eligibility of
a key employee or primary management official for employment
in a gaming operation. If the Tribe determines that
employment of the person poses a threat to the public
interest or to the effective regulation of gaming, or
creates or enhances dangers of unsuitable, unfair, or
illegal practices and methods and activities in the conduct
of gaming, a Tribal gaming operation shall not employ that
person in a key employee or primary management official
position.

Section 311. rocedures or Forwardin lications and
Reports for Key Employees and Primary Manage-
ment 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 Tribe shall forward to the National Indian
Gaming Commission a completed application for employment and
conduct the background investigation and make the
determination referred to in Section 310 of this Chapter.

2. The Tribe, through the Tribal Chairman, shall
forward the report referred to in Section 312 of this
Chapter to the National Indian Gaming Commission within 60
days after an employee begins work or within 60 days of the
approval of this Ordinance by the Chairman of the National
Indian Gaming Commission.

3. The gaming operation shall not employ as a key
employee or primary management official a person who does
not have a license after 90 days.

Section 312. Report to the National Indian Gaming
Commission



xX. “Operator” means a private person who owns and
operates a bingo operation subject to Tribal law that was
operating on September 1, 1986, if the Act allows continued
gaming by said bingo operation.

Y. “Ordinance" or "Title" means the Bingo Ordinance of
the Tribe as now in force or as hereafter amended.

2. “Owner" means either the Tribe or any not-for-
profit entity authorized to conduct Bingo pursuant to
Chapter Four of this Ordinance.

AA. “Police Chief" means the Chief of the Tribal
Police Department.

BB. "Primary Management Officials" means each person
or entity (including individuals comprising such entity)
having a direct financial interest in, or management
responsibility for, such contract, and, in the case of a
corporation, those individuals who serve on the board of
directors of such corporation and every person who owns
directly or indirectly, either individually or by agent,
including Relatives, any stock in a corporate Contractor or
equity interest in the association which is the Contractor
however those shares be designated, or a person having
sufficient voting power individually or by proxy to elect at
least one member to the Board of Directors or other managing
entity of the Contractor. This term also includes all other
persons employed by Contractor in any capacity, and
Relatives of persons who are defined as Primary Management
Officials by the preceding sentences of this paragraph,
having five percent (5%) or more equity ownership, either
individually or by agent, including Relatives, in any other
business entity hired by Contractor or doing any business
with Contractor with respect to the Agreement entered into
by said Contractor. This term also includes any person who
has authority:

1. to hire and fire employees, or

2. to set up or establish working policy for any
aspect of the gaming operation.

This term also includes the chief financial officer or
other person who has financial management responsibility.

cc. "Prize Costs” as to any period of time means the
total amount of all money and property (limited to the
actual acquisition costs of property prizes) given away as
prizes to bona fide participants of Bingo Games played in
the Bingo Facility at the Bingo Site.


CHAPTER THREE
LICENSING REQUIREMENTS

Section 301. Types of Licenses to be Issued

The Board shall issue the following licenses with
respect to gaming operations:

A. A Bingo Manager License

B. A Bingo Owner License

C. A Bingo Operator License

D. A Bingo Contractor License

E. A Primary Management Official License
F. A Key Employee License

G. A General Employee License

H. A Bingo Facility License

Section 302. License Fees

aA. The proponent of any license shall tender the
following fees to the Board at the time application is made
for a license:

A. Bingo Manager License - $500.00

B. Bingo Owner License - $1,500.00

C. Bingo Operator License - $1,000.00

D. Bingo Contractor License $2,500.00

E. Primary Management Official License - $1,500.00

F. Key Employee License - $1,500.00

G. General Employee License - $15.00

H. Facility License - $100.00

B. The Bingo Board may waive fees in its discretion if

a proponent is unable to pay fees.

Section 303. Consolidation of License Hearings



churches which are naturally immune from taxation according
to the Internal Revenue Code, said application shall be
accompanied by a copy of the Tribal sales tax permit in the
name of the organization, a copy of a letter or other
certificate from the Internal Revenue Service wherein it is
recognized that the applicant or parent organization or
association of the applicant is a nonprofit organization and
exempt from payment of Federal income taxes, a copy of the
minutes of a meeting of such applicant designating current
officers of such organization or association and their terms
of office; a copy of the minutes of a meeting of such
applicant authorizing the application for a bingo license; a
certified copy of the applicant’s articles of incorporation
or corporate trade name report or the organization’s
constitution and bylaws, if unincorporated under Section
501(c) of the Internal Revenue Code; and a copy of the
Federal identification number of the applicant or of the
parent organization or association of the applicant. Said
application shall state that the applicant is an
organization or association which has been in existence for
longer than two (2) years continuously immediately preceding
the date of such application; that is proposes to conduct
bingo at a specific location and setting forth such
location, provided, no more than three licenses may be
issued for any one location or building. Except that
different organizations may conduct bingo at a single
location for not to exceed six (6) days a week, however,
bingo shall not be conducted more than two days in a given
week on a single license, no license shall be issued if a
license has previously been issued and has not expired or
been revoked pursuant to the provisions of this chapter for
the location specified in the application; that no
commission, salary, compensation, reward or recompense will
be paid to any person for conducting such games except when
the recompense will be paid to any person for conducting
such games except when the conducting of such games is only
incidental to the regular employment of employees of such
organization; that the applicant will abide by all the

provisions of this chapter. Said application shall also
state the name and address of some person authorized to
receive notice in behalf of said licensee. All of the

requirements provided for in this section shall be sworn and
attested to by a designated principal officer of said
nonprofit organization or association or by the attorney of
record for the organization or association. The applicant
applying for such license shall pay to the Bingo Board a fee
of Thirty Dollars ($30.00) for the issuance of the initial
license. At the end of one (1) calendar year from the date
of the issuance of the initial license, the licensee shall
renew such license for a period of one (1) year. A charge
of Seven Dollars and fifty cents ($7.50) per year shall be
charged for the issuance of such renewal license. All such
fees shall be deposited in an account established for such
purposes. Upon application being filed, the Bingo Board


shall give five (5) days’ notice by causing the same to be
posted on the front of the building in which such bingo
games are to be conducted. A copy of said notice shall be
mailed to the Tribal Prosecutor, the Chief of Police, and
the Bingo Board. Said notice shall contain the name of the
applicant and the location of said place of business and the
time and place the said Bingo Board will act upon said
application. If there are no protests and the application
is sufficient on its face, then said license shall be
granted by the Bingo Board. Provided, that if any resident
of the Tribal jurisdiction or member of the Tribe files a
written protest setting forth objections, then the Bingo
Board shall advise the Chief Judge who shall hear the
application or assign such application to a district judge
or associate district judge or special judge for hearing.
Said hearing shall be held within thirty (30) days and after

due notice. The application for such license must be in
writing and verified by the presiding officer of the
applicant organization. All testimony before the Tribal

court shall be under oath.

A license granted pursuant to the provisions of this
section shall not be leased, assigned, sold, or transferred
to any other organization, person or entity of any nature
and no bingo game shall be administered or conducted
pursuant to the provisions of this chapter except by the
organization to which a license has been issued.

An applicant organization shall be denied a license, if
any officer of the organization has been convicted of a
felony or gaming offense pursuant to the laws of the United
States, any Indian Tribe, or any state.

Section 404. Annual Report - ~ Contents - ~ Other Reports

Prior to April 1 of each year, every organization which
has conducted bingo games pursuant to the provisions of this
Chapter shall file a report with the Tribal Tax Commission
on forms provided by the Tribal Tax Commission. The report
shall contain the following information:

1. The gross receipts received by the organization in
conducting the bingo games;

2. The amount of the gross receipts given or to be
given to the purpose represented by the organization;

3. The aggregate amount paid or to be paid for the
expenses of conducting the bingo games; and

4. Any other information required by the Tribal Tax
Commission.


any appropriate manner, in conducting and performing any
background investigations authorized under this Ordinance.

D. The results of such investigations shall be
reported to the Bingo Board, the Tribal Prosecutor, and the
Tribal Chairman.

Section 309.A Background Investigations

1. The Tribe or Board shall request from each primary
management official and from each key employee all of the
following information:

a. Full name, other names used (oral or written),
social security number(s), birth date, place of birth,
citizenship, gender, all languages (spoken or written);

b. Currently and for the previous 5 years: business
and employment positions held, ownership interests in those
businesses, business and residence addresses, and drivers
license numbers;

c. The names and current addresses of at least three
personal references, including one personal reference who
was acquainted with the applicant during each period of
residence listed under paragraph (1) (b) of this section;

d. Current business and residence telephone numbers;

e. A description of any existing and previous business
relationships with Indian tribes, including ownership
interests in those businesses;

f. A description of any existing and previous business
relationships with the gaming industry generally, including
ownership interests in those businesses;

g. The name and address of any licensing or regulatory
agency with which the person has filed an application for a
license or permit related to gaming, whether or not such
license or permit was granted;

h. For each felony for which there is an ongoing
prosecution or a conviction, the charge, the name and
address of the court involved, and the date and disposition
if any;

i. For each misdemeanor conviction or ongoing
misdemeanor prosecution (excluding minor traffic
violations), within 10 years of the date of the application,
the name and address of the court involved and the date and
disposition;


electrical facilities, heating and air conditioning
equipment, and any other improvements reasonable and
necessary to a facility for the operation of Bingo Games.

F. "Bingo Games" means:

1. games of chance commonly known in the trade as
"bingo" (whether or not electronic, computer, or
other technologic aids are used in connection
therewith).

a. which is played for prizes, including
monetary prizes, with cards bearing numbers or other
designations,

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

Cc. in which the game is won by the first
person or persons covering a _ previously designated
arrangement of numbers or designations on such cards,

including (if played at the Bingo Facility) pull-
tabs, lotto, punch boards, tip jars, instant
bingo, and other games similar to bingo, and

2. card games that:

a. are explicitly authorized by the laws of
the State of Oklahoma, or

b. are not explicitly prohibited by the laws
of the State of Oklahoma, and are played at any location in
the State of Oklahoma, but only if such card games are
played in conformity with those laws and regulations (if
any) of the State of Oklahoma regarding hours or periods of
operation of such card games or limitation on wagers or pot
sizes in such card games.

3. The following are not included within the
definition of the term "Bingo Games": any banking card
games, including baccarat, chemin de fer, blackjack
(commonly known as 21), or electronic or electromechanical
facsimiles of any game of chance or slot machines of any
kind.

G. "Bingo Operation" means the business, created by
this Ordinance, of providing entertainment and amusement
through the playing of Bingo Games through a Bingo Facility
owned and licensed by the Tribe.


Directors. All Bingo Operations shall be a _ subordinate
agencies of the Tribe.

Section 506. Designation of the Bingo Manager

The Council may appoint and employ one individual
person for each Tribal Bingo Operation who shall be
designated the Manager of the particular Bingo Facility. In
order to enter into employment, said Manager must obtain a
Bingo Manager’s License from the Bingo Board.

Section 507. Powers and Miscellaneous Provisions

Each Bingo Operation shall have the following powers
which it may exercise consistent with the purpose for which
it is established:

A. To have perpetual succession by its corporate name.

B. To sue in its corporate name, and to be sued where
sovereign immunity has been waived by Tribal law.

C. To have a corporate seal which may be altered at
pleasure, and to use the same by causing it, or a facsimile
thereof, to be impressed or affixed or in any other manner
reproduced.

D. To purchase, take, receive, lease, or otherwise
acquire, own, hold, improve, use and otherwise deal in and
with, personal property, or any interest therein, wherever
situated, when useful to its conduct of Bingo Games,
provided, that if the acquisition of such property is not in
the approved budget, then acquisitions are limited to and
may not exceed $500.00.

E. To enter into agreements, contracts, and
undertakings with any governmental agency, Tribal, Federal,
state, or local or with any person, partnership,

corporation, and to agree to any conditions attached to
Federal financial assistance; provided, the Bingo Operation
must first obtain approval of the Tribal Council.

F. To lend money and use its credit to assist its
employees; provided, the Bingo Operation must first obtain
approval of the Tribal Council.

G. To make contracts and guarantees and incur
liabilities, borrow money at such rates of interest as the
Bingo Operation may determine not inconsistent with this
Title, issue its notes, bonds, and other obligations, and
secure any of its obligations by mortgages or pledge of all
or any of its property or investments; provided, the Bingo


CHAPTER FIVE
TRIBAL BINGO

Section 501. Establishment of Bingo Operation(s)

There is hereby established a Tribal Bingo Operation
for each county and incorporated city or town within the
Tribal jurisdiction which shall be a body corporate of the
Tribe and which shall have the authority to conduct Bingo
Games and sessions within the jurisdiction of the Tribe
under the terms and conditions herein or hereafter
prescribed by law.

Section 502. Commencing Operations

No Bingo Operation may begin operations except upon
written resolution by the Council which shall provide for
(1) the name in which the particular Bingo Operation is to

be conducted, (2) the method of management, (3) the
particular Bingo Site upon which Bingo Games will be
conducted, and (4) the beginning date. Every such

resolution shall be delivered promptly to the Bingo Board.

Section 503. Tribe to be Sole Proprietor

The Otoe-Missouria Tribe of Oklahoma will have the sole
proprietary interest and responsibility for the conduct of
bingo withins its jurisdiction as provided in this Title and
the Act. Tribal Bingo Operations shall never issue any
capital stock.

Section 504.A Net Revenues

Net revenues means gross gaming revenues of an Indian
gaming operation less

A. Amounts paid out as, or paid for, prizes; and

B. Total gaming-related operating expenses, excluding
management fees.

Section 504.B Use of Net Revenue

A. The portion of the revenue belonging to the Tribe
as a result of any bingo operation is not to be used for any
purposes other than:


CHAPTER TWO
BINGO BOARD

Section 201. Bingo Board Defined

The Tribal Chairman or his designated representative,
the Chairman of the Otoe-Missouria Economic Development
Board, and one Member shall constitute the Otoe-Missouria
Bingo Board. The Chairman of the Otoe-Missouria of the
Otoe-Missouria Economic Development Board shall serve as the
Chairman of the Bingo Board. The Tribal Council may appoint
any person, by Resolution, to serve as the Member of the
Bingo Board.

Section 202. Powers of the Bingo Board

The Bingo Board shall have the power:

A. to approve the annual operating budget of a
Contractor or Manager, including Equipment Costs for the
replacement or necessary upgrading of Equipment, and budget
modifications.

B. to submit the annual budget of the Bingo Board to
the Council for approval.

C. by majority vote to authorize the chairman to issue
subpoenas, which subpoenas shall be of like effect as
subpoenas issued by the Court.

D. to designate such of its members as may be
necessary to act as chairman during the chairman’s absence,
incapacity, or refusal or failure to act in accordance with
the directives of the Board.

E. to order the temporary or permanent closing of a
gaming activity upon a violation of this Title, the Act, or
other applicable laws of the Tribe. A decision to order
permanent closure pursuant to this Section may be appealed
upon the record directly to the Supreme Court of the Tribe.

F. to monitor Bingo Games conducted within the
jurisdiction of the Tribe, and to oversee the conduct of the
management and employees of gaming enterprises on a
continuing basis.

G. to inspect and examine all Bingo Sites and Bingo
Facilities within the jurisdiction of the Tribe at such
times as the Board may deem proper to determine whether the
environment and the public health and safety are being
maintained, and to verify compliance with this Title.


powers granted to the Board by this Title, and to enforce
the provisions of this Title according to its purposes.

Section 203. Reports

The Bingo Board shall, at a minimum, submit quarterly
reports, including the views of individual members if
submitted, to the Council commencing during the month of
January of each calendar year. The report shall include
information relative to:

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

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

Cc. recommendations for amendments to this Title,

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

E. any other matter considered appropriate by the
Bingo Board.

Section 204. Bingo Board Staffing

A. The Tribal Prosecutor shall act as General Counsel
to the Bingo Board. The General Counsel may appoint such
Assistant General Counsel as may be approved by the Bingo
Board.

B. The Bingo Board may appoint and supervise other
staff of the Bingo Board without regard to the personnel
policies of the Tribe, at such rates of pay as shall be
reflected in the budget of the Bingo Board as approved by
the Council, provided, that no person may be appointed to
the staff of the Bingo Board who is a Relative of a member
of the Bingo Board, the Council, or a Bingo Manager,
Contractor, Operator, Owner, Primary Management Official, or
Key Employee.

C. The Board may procure temporary and intermittent
services necessary to the conduct of its duties pursuant to
this Title, but at rates for individuals not to exceed the
daily equivalent of the maximum annual rate of basic pay
payable for a GS-18 of the General Schedule of the United
States Civil Service.

D. Upon the request of the Board, the head of any
Tribal agency or department is authorized to detail any of
the personnel of such agency or department to the Bingo


BINGO ORDINANCE OF 1994
OTOE-MISSOURIA TRIBE OF OKLAHOMA

Section 1. cope

This Title shall apply to all games of Bingo conducted
within the territorial jurisdiction of the Tribe in which a
prize is offered or awarded to any participant or in which a
participant is required or requested to provide any legal
consideration in order to participate, whether in person or
by agent.

Section 2. Purpose

This Title is intended to promote the peace, safety and
welfare of all persons coming within the jurisdiction of the
Tribe by insuring that any game of Bingo conducted within
the Tribal jurisdiction is conducted in a fair and
responsible manner, by providing a safe and wholesome means
of recreational activity in a community setting, by ensuring
that the public order, peace, and safety be maintained, and
by providing a source of revenue for the Tribal Government.
This Title shall be liberally construed to promote such
purposes.

Section 3. Definitions

As used in this Title, unless the context clearly
indicates that a different meaning is intended, the term:

A. "Act" means the National Indian Gaming Regulatory
Act of 1988, P.L. 100-447 [S.555], 102 Stat. 2467, October
17, 1988, to be codified at 25 U.S.C. Section 2701 et. seq.

B. “Agreement" means a Bingo Management Contract in
which a contract is entered into with an outside person or
entity, not a regular employee of the Tribe, to manage and
operate a Tribal Bingo Operation at a Bingo Facility on a
specified Bingo Site.

Cc. “Attorney General" means the Attorney General of
the United States.

D. “Bingo Board Chairman" means the Chairman of the
Bingo Board of the Otoe-Missouria Tribe of Oklahoma.

E. "Bingo Facility" means a building or buildings for
the operation of Bingo Games, including access roads,
parking lot, outside lighting, water and sewer facilities,


CHAPTER FOUR
NONPROFIT BINGO

Section 401. Licensing of Certain Nonprofit Organizations

The Bingo Board shall be authorized to issue a license
to conduct bingo games to any organization that is a bona
fide religious, charitable, labor, fraternal, educational
organization or any branch, lodge, chapter or auxiliary
thereof or any veterans’ or firemen’s organization which
operates without profit to its members, and provided that
such organization has been in existence for not less than
two (2) years prior to making application for license and is
exempt from tax under paragraphs 3, 4, 5, 6, 7, 8, and 19 of
subsection (c) of Section 501 of the Internal Revenue Code
of 1954, as amended, if no part of the receipts derived from
such activity, except actual expenses incurred in the
conduct thereof, is to inure to the benefit of any
individual shareholder, member or employee of the
organization, except as compensation for actual expenses
incurred by him in the conduct of such activity and provided
that such game is conducted or operated by the officers,
employees, or members of such organization without
compensation therefor other than that to which the officer,
employee, or member is entitled for the performance of his
regular duties, and not by agreement or contract with any
other person or organization for which any consideration or
compensation is provided.

Section 402. License not to be leased or assigned- —
rsons selling concessions to obtain sales

tax permit

The license to conduct a Bingo Game shall not be leased
or assigned to a commercial establishment. Provided,
persons selling food, drink, or any other concession items
at any location at which Bingo Games are authorized under
the provisions of this chapter shall be required to obtain a
sales tax permit pursuant to the provisions of the Tribal
tax laws prior to such sale.

Section 403. Application for license - — Form - - Informa-
tion required - Fees - Renewals - Protests —
Lease, assignment or sale of license
prohibited - — Felons

Any organization or association may apply to the Bingo
Board for a license to conduct Bingo Games. The application
shall be on such form as designed by the Bingo Board and
shall state sufficient facts to enable a determination as to
whether the license should be issued. Except in the case of



wt ww

1. The following notice shall be placed on the
application form for a key employee or a primary management
official before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the

following information is provided: Solicitation of the
information on this form is authorized by 25 U.S.C. 2701 et
seq. The purpose of the requested information is to

determine the eligibility of individuals to be employed in a
gaming operation. The information will be used by National
Indian Gaming Commission members and staff who have need for
the information in the performance of their official duties.
The information may be disclosed to appropriate Federal,
Tribal, State, local, or foreign law enforcement and
regulatory agencies when relevant to civil, criminal or
regulatory investigations or prosecutions or when pursuant
to a requirement by a tribe or the National Indian Gaming
Commission in connection with the hiring or firing of an
employee, the issuance or revocation of a gaming license, or
investigations of activities while associated with a tribe
or a gaming operation. Failure to consent to the
disclosures indicated in this notice will result in a
tribe's being unable to hire you in a primary management
official or key employee position.

The disclosure of your Social Security Number (SSN) is
voluntary. However, failure to supply a SSN may result in
errors in processing your application.

2. Existing key employees and primary management
officials shall be notified in writing that they shall
either:

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

b. Sign a statement that contains the Privacy Act
notice and consent to the routine uses described in that
notice.

3. The following notice shall be placed on the
application form for a key employee or a primary official
before that form is filled out by an applicant:

A false statement on any part of your application
may be grounds for not hiring you, or for firing
you after you begin work. Also, you may be
punished by fine or imprisonment.

(U.S. Code, Title 18, Section 1001.)

4. The Tribe shall notify in writing existing key
employees and primary management officials that they shall
either:


ws

Otoe-~Missouria Tribe

Rt. 1, Box 62, Red Rock, Oklahoma 74651

(405) 723-4466 Tribal Office (405) 723-4426 Tribal Court (405) 268-3016 Head Start Program

(405) 723-4434 Cultural Center (405) 723-4540 Law Enforcement Office (405) 268-3101 Social Service

(405) 723-4418 Senior Center (405) 763-1556 Mobile Police Unit FAX (405) 723-4273
RESOLUTION

omTc# 019 FY94

NOW, THEREFORE, BE IT RESOLVED BY THE TRIBAL COUNCIL OF THE OTOE-
MISSOURIA TRIBE OF INDIANS, and

WHEREAS, the Otoe-Missouria Tribal Council, the Governing Body of
the Otoe-Missouria Tribe of Indians, in accordance with
the Tribal Constitution, Article VIII-Powers, Section I.
Tribal Council, duly convened to discuss, review and
approve Tribal business, and

WHEREAS, the need exists to enact, adopt, and establish a tribal
gaming ordinance which conforms to the regulatory and
procedural requirements of the Indian Gaming Regulatory
Act and the National Indian Gaming Commission’s rules and
guidelines, and

WHEREAS, it is in the best interests of the Otoe-Missouria Tribe
of Indians to enact and adopt into law the Bingo
Ordinance of 1994, as revised, updated, and amended.

NOW THEREFORE BE IT RESOLVED AND ENACTED, that the Tribal Council
of the Otoe-Missouria Tribe of Indians hereby enacts and
adopts the Otoe-Missouria Tribe of Indians hereby enacts
and adopts the Otoe-Missouria Bingo Ordinance of 1994, as
attached hereto, by approval of this Resolution.

CERTIFICATION
We, the undersigned, Chairman and Secretary, of the Otoe-Missouria

Tribal Council, do hereby certify, by signature, that the above and
foregoing Resolution was approved and adopted on this _ 6th day

of April , 1994, with a quorum present, and a vote of 5
for, 0 against, 1_ absent, 1 abstaining.

SEAL: ’ mneth E. Black, Chairman
anmesrs( Lg a WV, sul hpeo .

Diane Tillman Rowlodge
Tribal Secretary


All games and sessions of Bingo conducted by a Bingo
Operation within the territorial jurisdiction of the Tribe
shall be conducted through a Bingo Facility approved by the
Tribe for that Bingo Operation.

Section 511. Report of Winners

The Bingo Manager shall file with the Treasurer a list
of each winner or winners of any game of Bingo at each
session of Bingo. The list shall be itemized by session and
game and shall include the name of the winner, the address
of the winner, the social security number of the winner, the
amount or fair market value of the prize won, and the method
of identification from the driver’s license or other
acceptable identification of the winner prior to issuing the
prize to the winner. It shall be the duty of the Manager to
comply with 25 U.S.C. Section 2719(d).

Section 512. Report of Receipts and Disbursements

The Bingo Manager shall file with the Treasurer a
verified report of all receipts and disbursement of all
funds relating to said Bingo games or sessions. At the time
of filing said report, the Manager shall deposit with the
Treasurer the Net Revenues of the Bingo Operation for the

reporting period. Such report shall contain an itemized
list of all Gross Receipts from bingo games conducted,
concessions, and any and all related activities. Such

reports shall also contain an itemized list of all
disbursements including but not limited to, Operating Costs,
Equipment Costs, Facilities Costs, materials, supplies, and
equipment furnished and prizes paid.

Section 513. Verification of Report

The Bingo Manager shall verify the accuracy of each
report submitted to the Treasurer.

Section 514. Time for Submission of Reports

Unless the Council shall by rule require reports from
the Bingo Operation on a monthly basis, the Bingo Manager
shall submit reports for each week not later than the close
of business on Wednesday of the next week after the Bingo
games or session to be reported.

Section 515. Deposit of Bingo Monies



C. The Tribe shall notify the licensee of a time and a
place for a hearing on the proposed revocation of a license.

D. After a revocation hearing, the Tribe shall decide
to revoke or to reinstate a gaming license. The Tribe shall
notify the National Indian Gaming Commission of its
decision.

Section 316. Persons not Eligible for Licensing
No license may be approved if:
A. a person:

1. is an elected member of the governing body of
the Tribe;

2. has been or subsequently is convicted of any
felony or gaming offense;

3. has knowingly and willfully provided
materially important false statements or information to the
Commission or the Tribe pursuant to the Act or this Title,
or has refused to respond to a subpoena issued pursuant to
this Title; or

4. has been determined to be a person whose prior
activities, criminal record if any, or reputation, habits,
and associations pose a threat to the public interest or to
the effective regulation and control of gaming, or create or
enhance the dangers of unsuitable, unfair, or illegal
practices, methods, and activities in the conduct of gaming
or the carrying on of the business and financial
arrangements incidental thereto;

B. A management contractor:

1. has or has attempted to unduly interfere or
influence for his or its gain or advantage in any decision
or process of Tribal government relating to the gaming
activity;

2. has deliberately or substantially failed to
comply with the terms of the management contract or the
Tribal Bingo Ordinance or resolution adopted and approved
pursuant to this Act; or

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

Section 317. Term of Licenses


No licensee shall sell, serve or permit to be consumed
any intoxicating and nonintoxicating beverages as defined in
the laws of Oklahoma in any room or outdoor area where bingo
is conducted during the time that it is so conducted.

Section 413. License required - — Admission charges

A. No person, except a licensee operating pursuant to
this chapter shall conduct any game of bingo for which a
charge is made.

B. No licensee shall collect an admission charge for
admittance to the premises where any game of bingo is
conducted.

Section 414. Minors

No minor shall be permitted to play bingo unless
accompanied by a parent or guardian except when such game of
bingo is conducted by an organization exempt from the
license fee as provided by Section 404 hereof.

Section 415. Discrimination prohibited

No licensee shall practice racial or sex disrimination
at any game of bingo.

Section 416. Penalties

Any violation of this chapter is hereby declared to be
a public nuisance. Any person violating the provisions of
this chapter except as otherwise provided in this section
shall be guilty of a misdemeanor and shall, upon conviction
thereof, be punished by confinement in the Tribal jail or
contracted jail facility for a period of time not to exceed
one (1) year and by a fine of not less than Two Hundred
Dollars ($200.00) and not more than Two Thousand Dollars
($2,000.00), or by both such fine and imprisonment.

Section 417. Additional Licensing Requirements Imposed by
the Act

A. Not less than 60 percent of the net revenues of
such nonprofit bingo shall be paid over to the Tribal
Treasurer's Office for deposit in the Tribe’s bingo revenue
account.


j- For each criminal charge (excluding minor traffic
charges), whether or not there is a conviction, if such
criminal charge is within 10 years of the date of the
application and is not otherwise listed pursuant to
paragraph (1) (h) or (1) (i) of this section, the criminal
charge, the name and address of the court involved and the
date and disposition;

k. The name and address of any licensing or regulatory
agency with which the person has filed an application for an
occupational license or permit, whether or not such license
or permit was granted;

1. A current photograph;
m. Any other information the Tribe deems relevant; and

n. Fingerprints consistent with procedures adopted by
the Tribe.

2. The Tribe, through the Tribal Chairman, the Board,
and the Tribal Police Department, shall conduct an
investigation sufficient to make a determination under
Section 310 below. In conducting a background
investigation, the Tribe shall promise to keep confidential
the identity of each person interviewed in the course of the
investigation.

Section 309.B Description of Procedures for Background
Investigations

The Tribe is responsible for the conduct of the
background investigations and suitability determinations.

The procedures for performing background investigations
are herein set forth. Such procedures shall be followed by
the Tribe and the Bingo Board. In the event that the Tribe
and the Bingo Board establish different procedures, a report
of such additional procedures shall be submitted to the
National Indian Gaming Commission.

Background investigations and suitability
determinations shall be made as follows:

1. The Tribal Bingo Board shall conduct and cause to
be conducted the background investigations. The actual
investigation and the reporting thereof shall be done by
Otoe-Missouria Police Department, the Police Chief, or his
or her replacement.

2. The Chairman, or in his or her absence, the Vice
Chairperson of the Tribal Bingo Board, shall review and
approve the investigative work.


c. Upon finding that a violation has occurred, the
Court may impose a civil penalty not to exceed One Thousand
Dollars ($1,000.00) for each separate violation in addition
to any or all actual damages, administrative costs, court
costs, and the fees of the Tribal Prosecutor. Each Bingo
game played at which a continuing violation occurs shall be
deemed a separate violation.

Section 112. Criminal Penalties

Any person subject to the criminal jurisdiction of the
Tribe violating the provisions of this Title shall be guilty
of an offense and shall upon conviction thereof be punished
by the confinement in the Tribal jail or a contracted jail
facility for a period of not less than six months nor more
than one year, and a fine of not less than Five Hundred
Dollars ($500.00) nor more than Five Thousand Dollars
($5,000.00) or by both such fine or imprisonment for each
separate violation, in addition to court costs and the fees
of the Tribal Prosecutor.

Section 113. Requirements to Receive a Prize

In addition to being the first player or players to
properly cover a predetermined and publicly announced
pattern of squares upon the card being used by him, a
player, in order to qualify to receive a prize, must
furnish:

(a). Acceptable proof of said winner’s name, address,

and social security number. Acceptable proof may be a
driver's license, photo identification, or other
identification. An oral statement of the winner’s social

security number may be acceptable when accompanied by two
forms of identification, one of which is a_ photo
identification.

(b). A signed receipt acknowledging acceptance and
receipt of the prize awarded.

Section 114. Disputes Between the Customers and the Gaming
Operation

(a). Any customer or player who wishes to challenge
the decision of gaming operation officials under this
section may file a written request for review of the gaming
Management decision with the Bingo Board within ten (10)
days of the decision.

(b). The Bingo Board shall conduct such administrative
review and render a decision within thirty (30) days of the


A. The Manager shall deliver all monies received, less
amounts retained for petty cash, the prize account(s), and
other cash funds approved by the Council, on a same day
basis to the Banking Institution holding the Bingo Accounts.
The Tribal Police or Security shall accompany the deposit of
the monies.

B. The Treasurer shall verify the deposit and
crediting to the account on the next business day after
deposit.

Section 516. No Tribal Liability

Neither the Tribe, nor its officers, agents, or
agencies, shall be responsible for the debts or liabilities
of any Bingo Operation, it being the intent of the Council
that each Bingo Operation shall be a corporate entity solely
responsible (with its Contractor when provided for by
contract) for its own debts, torts, and other liabilities,
and subject to suit in its own name to the extent explicitly
provided for by this Title.

Section 517. Appropriations for Bingo Operation

The Council may appropriate such sums as may be
necessary for the function of the Bingo Operation based upon
a written budget request submitted by the Manager through
the Treasurer. The Council shall not be bound by any
requested budget when making such appropriations.

Section 518. Employee Grievances

Any employee of a Tribal Bingo Operation aggrieved by a
decision of the Manager or Contractor with respect to
promotion, retention, termination, or violations of the
Tribal personnel policies may appeal such decision to the
Court naming the Manager or Contractor and the Bingo

Operation as the sole defendants. In such cases, the Court
may grant declaratory and injunctive relief against the
Manager, Contractor, or Bingo Operation as may be

appropriate.


D. for an agreed ceiling for the repayment of
development and construction costs;

E. for a contract term not to exceed five years,
except that, upon the request of an Indian Tribe, the
Chairman may authorize a contract term that exceeds five
years but does not exceed seven years if the National
Chairman is satisfied that the capital investment required,
and the income projections, for the particular gaming
activity require the additional time; and

F. for grounds and mechanisms for terminating such
contract, but actual contract termination shall not require
the approval of the Commission,

and every Agreement with a Contractor for the management of
a Bingo Operation shall be deemed to contain said provisions
whether or not such provisions are reproduced in said
management contract.

Section 604. Licensing Required

No Contractor may enter into its duties until it has
satisfied all applicable licensing requirements for a
Contractor License, a Facility License, and licenses for its
Primary Management Officials and Key Employees. General
Employee licenses shall be secured before new employees are
allowed to actually begin work.


H. to conduct or cause to be conducted such background
investigations as may be necessary or required by this
Title, and in particular to conduct thorough checks upon the
background and suitability of Contractors, Owners,
Operators, Managers, Primary Management Officials, and Key
Employees.

I. to demand access to and inspect, examine,
photocopy, and audit all papers, books, and records
respecting gross revenues and operations of Bingo Games
conducted within the jurisdiction of the Tribe and other
matters necessary to carry out the duties of the Bingo Board
pursuant to this Title.

J. to use such Tribal buildings and other property in
the performance of its duties as shall be approved by the
Council or the Tribal agency having jurisdiction or use of
said buildings or other property.

K. to procure supplies, services, and property by
contract in accordance with applicable Tribal laws and
regulation.

L. to enter into contracts with Federal or Tribal
governments or their subdivisions and private entities for
activities necessary to the discharge of the duties of the
Bingo Board, and, to the extent feasible, contract with the
National Indian Gaming Commission for the responsibility to
enforce the regulations of the National Indian Gaming
Commission.

M. to hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence
as the Bingo Board deems appropriate.

N. to administer oaths or affirmations to witnesses
appearing before the Bingo Board,

0. to promulgate such regulations and guidelines as it
deems appropriate to implement the provisions of this Title,
and to provide for its own rules of procedure, provided that
all such rules and regulations shall be filed with the
Tribal Secretary and Court and shall be public records open
to inspection by any person during normal business hours.

P. to conduct or cause to be conducted the annual
audit required by Section 104 of this Title, and to report
the results of said audit to the Council and the Commission.

Q. to approve, issue, disapprove, suspend, cancel, or
renew licenses as provided in Chapter Three in this Title.

R. to take such other actions as may be reasonable and
proper to exercise any of the foregoing powers or other