Codification TItle: 21. Gaming

AN ORDINANCE OF THE MUSCOGEE (CREEK) NATION AMENDING NCA 92-162,

REGULATiNG PUBLIC GAMING, IN ORDER TO COMPLY WITH FEDERAL SUBMISSION

REQUIREMENTS.

Section 100. Be it Enacted by the Muscoiee Nation in Council Assembled

Section 101. FINDINGS The National Council finds that:

A. The Indian Gaming Regulatory Act (IGRA), 25 USC 2701 et seq, and the

National Indian Gaming Commission (NIGC) regulations, 25 CFR 501 et

al, require an Indian tribe participating in Class H gaming to submit a

tribal ordinance to the NIGC for approval and sets minimum standards for

approval.

B. NCA 92-162 has been submitted to the NIGC, and the Muscogee (Creek)

Nation has been notified of areas of deficiency.

C. In order to continue Class II gaming operations the Muscogee (Creek)

Nation must amend NCA 92-162 in order to comply with Federal

submission requirements.

Section 102. NCA 92-162. SECTION 103. D.. SHALL BE AMENDED TO READ AS

FOLLOWS

Section 103. D. Class II Gaming Means:

A. Bingo or 10110 (whether or not electronic, computer

or other technologic aids are used) when players:

1. Play for prizes with cards bearing numbers

or other designations:

2. Cover numbers or designations when

object; similarly numbered or designated,

are drawn or electronically determined; and

3. Win the game by being the first person to

cover a designed pattern on such cards;

B. If player in the same location as bingo or lotto, pull

tabs, punch boards, tip jars, instant bingo, and

other games similar to bingo;

C. Nonbanking card games that:

1. State law explicitly authorizes, or does not

explicitly prohibit, and are played legally

anywhere in the state; and

2. Players play in conformity with state laws

and regulations concerning hours, periods

of operation, and limitations on wagers and

pot sizes.

NCA 94-45

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Section 103. NCA 92-162. SECTION 103. SHALL BE AMENDED TO ADD SUBSECTION

AND N

Section 103. M. Key Employee/Pnmary Management Official - Persons

who perform one or more of the following functions:

1. Bingo Caller

2. Counting (money) Room Supervisor

3. Chief of Security

4. Custodian of Gaming Supplies or Cash

5. Floor Manager

6. Pit Boss

7. Dealer

8. Croupier

9. Approver of Credit

10. Custodian of gaming devices including persons

with access to cash and accounting records within

such devices.

It. Any person who:

A. Receives over $50,000.00 per year in cash

compensation; or

B. Is one of the four most highly compensated

persons in the gaming operations; or

C. Has management responsibility for a

management contract; or

0. Has the authority to hire/fire employee or to

set up working policies for the gaming

operations; or

E. The chief financial officer or other

person(s), who have financial management

responsibility including members of all

boards or panels who have oversight

responsibility for any tribally licensed

gaming operation.

Section 103. N. Net Revenues means gross gaming revenues less all

amounts paid out as, or paid for, prizes and total gaming

related expenses excluding management fees.

Section 104. NCA 92-162. SECTION 203. SHALL BE AMENDED TO ADD B (12)

Section 203. B. (12). To act as designee agent for service of process

for any legal disputes that may arise at any of the

Nations gaming facilities.

Section 105. NCA 92-162. SECTION 302 D. SHALL BE DELETED

Section 106. NCA 92-162, SECTION SHALL BE AMENDED TO ADD SECTION 314. AS

FOLLOWS

Section 314. The law enforcement agency that will take fingerprints of key

employees and primary management officials for purposes of

completing required background investigations shall be the Creek

Nation Lighthorse Law Enforcement. All NIGC procedures for

processing fingerprints cards shall be followed.

Section 107. NCA 92-162 SHALL BE AMENDED TO ADD SECTION 434.

Section 434. Disputes between the gaming public and the Muscogee (Creek)

Nation (or management contractor) should first be addressed by

the licensee. In the event a satisfactory conclusion is not reached

the Commissioner shall:

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A. Only respond to signed complaints. If additional

information of the circumstances is needed, a request is to

be made by the Commissioner in writing. Additional

statements of individuals, who may be able to substantiate

the claim or provide additional relevant data, shall be

encouraged.

B. Request and review the written statements of the licensee

and any employees or other persons, who may be able to

provide relevant data of the circumstances that led to the

dispute.

C. Request and review any records, documents, video or

audio tapes, equipment, or any other information deemed

to be relevant by the Commissioner as related to the

dispute.

D. The Commissioner shall then make his decision of the

correctness of the disputed action using facility policy and

procedure, Muscogee (Creek) Nation law, office of Public

Gaming Regulations and Federal law as a guide.

E. Both the licensee and the patron reporting the complaint

shall be notified of the Commissioner~s decision in writing.

All decisions of the Commissioner are final.

Section 108. NCA 92-162. SECTION 1004. SHALL BE AMENDED TO READ AS

FOLLOWS

Section 1004. The Muscogee (Creek) Nation shall have the sole

propriety interest and responsibility for the conduct of any

gaming operations.

Section 109. NCA 92-162. SECTION 1008. SHALL BE AMENDED TO READ AS

FOLLOWS

Section 1008. The Commissioner shall ensure that the policies and

procedures set out in this section are implemented with

respect to key employees and primary management

officials employed at any Class II gaming enterprise

operated on Creek Nation lands.

A. Application Forms

1. The following notice shall be placed on the

application form for a key employee and

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 usc 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 NIGC 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

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when pursuant to a requirement by a tribe

or the NIGC in connection with the hiring or

firing of any employee, the issuance or

revocation of a gaming license, or

investigation 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 tribes being

unable to hire you in a key employee or

primary management official 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 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 notices shall be placed on the

application form for a key employee and

primary management official before that

form if 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 (USC Title 18, Sec. 1001).

4. The Commissioner shall notify in writing

existing key employees and primary

management officials that they shall either:

A. Complete a new application form

that contains a notice regarding

false statements; or

B. Sign a statement that contains the

notice regarding false statements.

B. Background Investigations

The Commissioner shall request from each

key employee and primary management

official all of the following information:

A. Full name, other names used (oral

or written, SSN(s), birth date, place

of birth, citizenship, gender, all

languages (spoken or written);

B. Currently and for the previous five

(5) years: business and employment

positions held, ownership interests in

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those businesses, business and

residence listed under paragraph 1

B of this section;

C. The names and current addresses

of at least three (3) personal

references, including one personnel

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

relating 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 change, the name and address

of the court involved, and the date

and disposition, if any;

For each criminal change (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;

J. The name and address of any

licensing or regulatory agency with

which the person has filed an

application or an occupational

license or permit, whether or not

such license or permit was granted;

K. A current photograph;

L. Any other information the Tribe

deems relevant; and

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M. Fingerprints consistent with

procedures adopted by the Tribe

according to 25 CFR Sec. 522.2 (h).

2. The commissioner shall conduct an

investigation sufficient to make a

determination under subsection C below.

In conducting a background investigation,

the Commissioner or his agent shall

promise to keep confidential the identity of

each person interviewed in the course of

the investigation.

C. Eligibility Determination

The Commissioner shall review a persons 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 Commissioner 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.

D. Procedures for Forwarding Applications and

Reports for Key Employees and Primary

Management Officials to the NIGC

1. When a key employee or primary

management official begins work at a

gaming operation authorized by this

ordinance, the Commissioner shall forward

to the NIGC a completed application for

employment and conduct the background

investigation and make the determination

referred to in subsection C of this section.

2. The Commissioner shall forward the report

referred to in subsection E. of this section to

the NIGC within 60 days after an employee

begins work or within 60 days of the

approval of this ordinance by the Chairman

of the NIGC.

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.

E. Report to the National Indian Gaming

Commissioner

1. Pursuant to the procedures set out in

subsection D. of this section, the

Commissioner shall prepare and forward

the NIGC an investigative report on each

background investigation. An investigative

report shall include all of the following:

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A. Steps taken in conducting a

background investigation;

B. Results obtained:

C. Conclusions reached; and

0. The basis for those condusions.

2. The Commissioner shall submit with the

report a copy of the eligibility determination

made under subsection C. of this section.

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

Commissioner~

A. Shall notify the NIGC; and

B. May forward copies of its eligibility

determination and investigative

report (if any) to the NIGC for

inclusion in the Indian Gaming

Individuals Records System.

4. With respect to key employees and pnmary

management officials, the Commissioner

shall retain applications for employment and

reports (if any) of background investigations

for inspection by the Chairman of the NIGC

or his or her designee for no less than 3

years from the date of termination of

employment.

F. Granting a Gaming License

If within a 30 day period after the NIGC

receives a report, the NIGC notifies the tribe

that it has no objection to the issuance of 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 NIGC, the

Commissioner may issue a license to such

applicant.

2. The Commissioner shall respond to a

request for additional information from the

Chairman of the NIGC concerning a key

employee or a primary management official

who is the subject of a report. Such

request shall suspend the 30 day period

under paragraph G. 1., of this section until

the Chairman of the NIGC receives the

additional information.

3. If within the 30 day period described above,

the NIGC provides the Commissioner with

a statement itemizing objections to the

issuance of a license to a key employee or

a primary management official for whom the

Commissioner has provided an application

and investigative report to the NIGC, the

Commissioner shall reconsider the

application, taking into account the

objections itemized by the NIGC. The

Commissioner shall make the final decision

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whether to issue a license to such

applicant.

G. License Suspension

1. If after the issuance of a gaming license,

the Commissioner receives from the NIGC

reliable information indicating that a key

employee or a primary management official

is not eligible for employment under

subsection C. above, the Commissioner

shall suspend such license and shaD notify

in writing the licensee of the suspension

and the proposed revocation.

2. The Commissioner shall notify the licensee

of a time arid a place for the hearing on the

proposed revocation.

3. After a revocation hearing, the

Commissioner shall decide to revoke or to

reinstate a gaming license. The

Commissioner shall decide to revoke or to

reinstate a gaming license. The

Commissioner shall notify the NIGC of the

decision.

ENACTED by the Muscogee (Creek) National Council on this 30th day of July, 1994.

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

hereto attached his signature.

Steve Bruner, Speaker

National Council

Muscogee (Creek) Nation

CERTIFICATION

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

(Creek) National Council comprised of thirty-six members with thirty-one members attending this

meeting on the 30th day of July, 1994. and that the above is in conformity with the provisions

therein adopted by a vote of ~ in favor, ~ against, ~ abstentions, and that said Ordinance has not

been rescinded or amended in any way and the above is the signature of the Speaker of the

National Council.

Katherdi~1~et–~~ National Council

Muscogee (Creek) Nation

APPROVAL

I, th~ Prindpaj~hief of the Muscogee (Creek) Nation, hereby affix my signature this ~~ay

ok/~.~i7 1994, to the above Ordinance, NCA 94-45 authorizing it to become an Ordinance

urrder/rticlØ VI., Section VI., of the Constitution of the Muscogee (Creek) Nation.

Principal Chief

Muscogee (Creek) Nation

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AN ORDINANCE OF TI~ MUSCOG~E (CRJIE1Q NATION REGUlATING PUBLIC

GAMING WIThIN ThE MUSCOCEE (CREEIO NATION

Section 100. kj~,enactfd by ~Muicoece (Aarembkd

TITLE I. - GENERAL PROVISIONS

Section 101. Findints The NationaJ Council finds thac

A. Under the 1979 Constitution of the Muscogee (Creek) Nation, the National

Council may legisLate upon subjecu to become Ordinances of the Nation.

including:

(1) To promote the public health and safety, education and welfare that

may contribute to the social, physical well being and economic

advancement of citizens of the Muscogee (Creck) Nation. (Article V!

Section 7(a)).

(2) To create authorities with attendant powers to achieve objectives allowed within the scope of this Constitution. lArtide Vi. Section

7(i)).

(3) To exercise any power not speciflcally set forth in this Article which

may at some future date be exercised by the Muscogee (Creek)

Nation. (Artide Vi. Section 7(j)).

B. The present needs of the Muacogee people include employment and training. health care, educational oppottutsities, nutrition, mental health, juvenile services. housing, planning and development, legal services, elders programs and social services which are not prcaendy being met in sutTicicnr quantity by United States government sgencie.s.

C. The Muscogee Nation desires to be self-sufficient in its internal affairs. aa

reliance upon federal resources hai been adverse to the quality of life within

this tribe in both the recent and for past.

D. The regulation of public gaming within the Muscogee (Creek) Nation is in

the interest of the Muscogce people and their health, and welfare, political seif-determinsuon and economic self.zufficierscy.

E. The Mu.scogee Nation, prior to the creation of the State of Oklahoma,

prohibited public gaming operations under Article X. Section I of the 1880

codiRcacion of the Constitution and Laws of the Muscogee Nation, as

follows:

Any person who shall willfully, by word or deed, disturb any private or

public boarding or day school, church.

council, or any other religious, political or other lawful gathering, or private

family. . . . or keep houses of ill fame.

or gambling house,, shall be guilty of

misdemeanor, and upon convictions

shall receiva fifty lashes on the bare

back?

P. Public gaming operatlont have been Introduced to the Muacogec Matson

under the color of law of the State of Oklahoma, and it is of vital interest to

the public health, safety and welfare of the Muacogec people that the Nation,

Instead of again prohibiting public gaming operations, regulate public gaming in & manner commensurate with the interests of the Muscogee people.

C. By virtue of the treatie, between the United Stares of America and the

Muscogne (Creek) Nation and the Statutes and Court decisions of the United

Stares, which together have established and maintained the doctrine of Indian

sovereignty, there Is left Intact the federal guarantee of the perpetual integrity of the Muscogce (Creek) National Government,

H. The Muacogec (Creek) National Government requires methods For

establishing a base to generate revenues for self perpetuation and essential

governmental services.

I. The Congress of the UnIted Stares of America his recognized gaming

operatsona by Indian Nations as a legitimate goal of Indian political self

determInation and economic self-sufficiency by enacting the Indian Gaming

Regulatory Act, 25 USC 2701 ct seq.

Section 102. Short Tide. The Code shall be known and may be cited as the Muscogee Nation

Public Gaming Code.

Section 103. Definitions. The following words and phrases when used in this Code shalt, for the

purpoad of this Code, hsve the meanings respcctivdy ascribed to them in this

Section, except where the con~e otherwise requires:

A. Gaming Is the act of paying for the opportunity and participation in a game

or gamse of clwace for money or something of value, where motor skills play no past or are of no consequence In determIning the outcome of the game;

to operate. easty on, conduct, msltstaln, or expose for play. money, property,

or any representative of vaiuc wherein the outcome of a game is decided by chance or In which chance is a material element, but does not include social

games played solely for consumable goods, i.e. foodstuff or games played in

private homes or tesidences for prizes or games operated by charitable and

educational organszadons; whirls are approved by the Commissioner pursuant

to provisions of this Code.

B. Shall Is used irs this Code as imposing an obligation to act.

C. Commiulone? is the Commissioner of Public Gaming as provided by the

terms of this Code.

0. Bingo is the activity commonly known as bingo where participants pay a

sum of money for the use of one or more cards. A winning pattern is

announced prior to each game. When the game begins, numbers are dtawn

by chance, one by one, and announced. The players cover or mark those

numbers In the pattern whIch has been preanssounctd for that particular

game. This player calls out bingo and is declared the winner of a

predetermined prize,

E. Instant Bingo is thescelvity wherein participants pays sum of money for

the use of one or mote eseds, Wirstaitag patterns are announced upon the

card. When one caxd Is played, paper tabs are pulled off of the cardboard

backing to reveal rite patterns printed on the cardboard card. Ifs player

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NCA92-162
r~Jva patterns which are printed as ass instant Bingo. die player turns its

the card for & predetermined prize.

p *Parjmuwel racsng is the activity wherein participants bet a sum of money,

In predetermined Increment,, to wager on which horses or dogs shall place first (or win), second (or place). or t)iird (car show) in a race for a

predetermIned distance, if a horse or dog is determined so have properly won

the first, second, or third place in the rare. the participants who have bet

upon that horse or dog arc paid upon their wager according to formulas

approved under the laws or regulations of the Muacogee Nation. Players may

also be paid upon a combination basis or upon a mutual field basis.

C. ~Lottery Is where money Ia paid for a chance of receiving money or a prize

in return through a system irs which (1) the players pay something of value

for thance~, represented or diffarenciatcd by numbers or by combination, of

numbeu or by some other media, one or more of which changes are to be

designated the winning ones; and (2) the winning chances are to be

deteruslned by a drawing held by the manager of the game. or by some other

method bued upon the element of chance; and (3) the holdets of the

winning chances are to receive something of value; and (4) which, played or

operated once, destroys the value of the ticker provided as the prizes are

disuibured.

H. Video Gaming Is a form of wagering on the outcome of computerized

games ofchs.nce and/or skill by which a person depositing money therein may

receive money or articles of value worth either more or less than the money

deposited, through electronic or elecetomcchanical video devices that simulate

games commonly referred to is poker, blackjack, cups, hi-In, roulette. line.up

symbols and numbers, or other commonly gambling forms; which are

kedvated by the insertion oF a coin, token, or currency-, and which award

game crcdit~, cash, tokens, or replays; and which contain a meter or device

to record unplayed credits or replays.

Off Trade Betting is a form of wagering on the outcome oIlrorse or dog

rates, whereby all beu made ott a particular race ate pooled in a parimutuel.

combination or mutual field betting pool and then paid (less a standard

management fee to cover local costs, pooling costa, track costs, and profiu)

to the winning tickers.

J. Muscogee (Creek) Nation~ is as established under the Muscogee (Creek)

Cosasthutioss of 1979 with politic jurisdiction as described in Attachmenr A.

Individual tribal towns of the Muscogee (Creek) Nation are consideted

component. Inseparshie subdivisiona of the Muacogee (Creek) Nation and

may only benefit ftom the tights and privileges from the Muscogee (Creek)

Nation under this Code.

K.

License -the permIssion by authority of the Muscogee (Creek) Nation to

do an act, which without permission would be illegal. and is a document

granted by the Gaming Commissioner of the Muacogee (Creek) Nation for

a consIderation to a person. group, community, firm, or corporation to

pursue some occupation to earry on some business subject to regulation under

the jurisdiction of the Muscogre (Creek) Nation. However, a License, with

respect to real property of the Muscogee (Creek) Nation, is a privilege to go

on the premises for a certain purpose but does not operate to confer on. vest

in, or license any tide~ interest, or estate in such property.

1... Hcaring De Novo - a new hearing or a hearing for the second time

contemplating an entire trial in the same manner in which matter was

originally heard and a review of previous hearing.

Section 104. Liberal Interpretation. The provisions of this Code, being rseceuasy for the welfare

of the Nation and Its Inhabitants, shall be liberally construed to effect the purpose

and object hereof.

Section 105. Effect of headings. Article and section headings contained herein shall not be deemed

to govern, limIt, modi& or In any manner affect the scope, meaning or intent of the

provisions of any article or section hereof.

Section lOG. Penalty provisions. Is shall be a violation of the laws of the Muicogee Nation to

violate the provisIons of thIs Code. sny regulations promulgated by the

Commissioner, or any proper order Issued under the authority of this Code. Any

person or licensee so vIolating shall be punished by a civil fine of not more than Pive

Thousand Dollars ($5,000.00) or by suspension of license for iperiod not to exceed

One Hundred Eighty (180) days or by both such fine and suspension or other

penalty alternative under Tribal law.

Section 107. Severability. The provisions of this Code isa severable, and if any part or provision

hereof shall be held void by tribal or federal court, the decision of the court so

holding shall not affect or Impair any of the remaining pares of provisions of the

Code.

Section 108. Repeal. All titles, chapters, articles and secalona of Tribal Ordinance NCA 82-33, as

amended, NCA 84-04, as amended, NCA 85-74, and NCA 88-51 which are in effect

as of the date this Code becomes operative. are hereby repealed. and all other lawi

or pares of laws inconsistent with the provisions of this Code are hereby repealed.

Section 109. Effect of repeal. Repeal by this Code of any Ordinance shall not have the effect of

reviving any prior law theretofore rt~ealed or suspended by such repealed Code, nor

shall this repeal have the effect of nullif,ing any regulation of the Commissioner

iaaued tsnder previous Ordinances which is authorized by this Code, nor shall this

repeal have the efi~ct of interrupting the term of the current Commissioner of Public

Gaming, nor.shall this repeal have the effect of Interrupting any license issued by the

Commissioner or any responsibilities thereunder.

Section 110. Emergency. It being immediately necessary for the preservation of the public peace,

health and sakty, an emergency Is hereby deds.red to exist. By reason thereof this

Code shall tike effect and be in full force from and after its passage and approval.

TITLE II. ADMINISTRATION AND ENFORCEMENT

Section 201. Office of PublIc Gaming Commissioner Established. In order to provide for the

orderly devdopment, administration, and regulation of Public Gaming. as wdl as

other authorized entespriae.s within the rlteriot boundaries of the Muacogee Nation,

thtre is established the Muscogee (Creek) Public Gaming Commissioner (thereinafter

referred to is the Commissioner). The Principal Chief shall nominate a full cicixen

of the Muscogec Nation to save as the CommissIoner, subject to confirmation by

Ordinance. Said Ccromiuloner may be se.ated for a period of three (3) years. The

Commissioner may be removed from office prior to the end of any term for cause

under the Removal for Office Ordinance, NCA 81-03.

Sersion 202. The Commissioner may not hold other tribal positions except temporary duties

assigned by Executive Order to be performed without increase in compensation and

may be engaged in business. Provided, however, that the Commissioner shall not

engage in any busIness which Is subject to provisions of this Code or which has

commerce with any licensee under this Code, The Commissioner shall post a bond

with the Muscogee Nation In the amount of One Hundred.Thousand Dollars

($100,000.00).

Section 203. A. The Commissioner shall be charged with the sole responsibilities of

administerIng and enforcing the provisions of this Code.

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4
It shall be the responasbility of the Commissioner to promulgate cegulatiocu

neceausy to administer the provisions of this Code. These durie~ shall

Include but not be limited to the following

(1) Printing and making available applscation forms for initi~I and

rtnewal licenses, as well as any othe~ necea~axy licenses.

(2) Supervising the collection of all fees and rants prescrsbcd in this Code.

(3) ProcessIng all license applications.

(4) IssuIng licenses;

(5) Determining applicable license lees;

(6) AudIting ill returns;

(7) P.evtew all gaining operation contracts, records, documents, and

anything eI~e necessary sod pertinent to the financial accountabilities

of licessases or cnforcement of any provision of gaming operation

contracts, agrresneno, this, and related Ordinances.

(8) The Commissioner shall have the power and authority to deny any

application, to limIt, condition, suspend, or restrict any license or

permit. make a finding of suitability or approval of the license or

pennar. or a finding of suitability or approval of or the imposition of

a fine upon any person licensed or permitted for any cause deemed

retsonable by thc Commissioner.

(9) The pcrfortnance of any other duties required in the Code or any

azncndmenrs thereto or other duties which may hereafter be specified

by the Commissioner.

(10) Employ legal counsel with consent of the Muscogee Nation under

applicable lawn.

(ii) Defend this Code in any court of law in consultation and with the

cono.arrence of the Mtorney General.

Section 204. The Coinmiuloner may exercise any proper power and authority necessary to perform

the duties assigned by this Code.

Section 205. The Commissioner may refise to reveal, at any court proceedings, the identity of any

informant. if such revelation would subject cite informant to bodily harm:

Section 206. Regular and special meetings of else Commissioner may be held, at the discretion of

the Commissioner, at such rime and places as may be convenient and open to tribal

members, with notice posted in a public place at least 24 hours prior to the meeting.

Section 207. The Commissioner may organize any Functional divisions as may be necessary and

from time to time alter such plan of organization as may be erpcdicnr. The

Commissioner shall recommend this offices own budget for operatons to the

Controller of the Muscogee (Creek) Nation, and take any other steps necessary to

fulfill dutita astd responsibilities under the code.

Section 208. Isa adopting, amending, or repealing any regulations under tha Code., thc

Commissioner shall give prior notice of the proposed action to all licensees and other

persons whom the Commissioner has reason to believe have a legitimate and bona

fide interest Isa such proposed action.

Section 209. The Commissioner shall afford an applicant for a license or permit an opportunity

for a hesring prior to final action denying such application and shall afford a licensee

or any other person(s) subject to this Code the opportunity for a hearing prior so

caking final action rcsultlng in terminating. revoking. suspending, or limiting a license

or permit or airy other adverse action rise Commissioner deems appropriate; Provided,

that the Commissioner may summarily temporarily suspend or extend suspension of

license for aixty (60) days or withdraw a permit in those cases whete such action is

deemed appropriate by the Commis~ioner. In mica where a license is suapended or

a permit withdraw prior to a hearing, an opportunity for a hearing shall be provided.

C Section 210. Whenever upon specific factual finding the Commissioner determines that any person

has failed to comply with thc provisions of this Code or any regulation promulgated hereunder, the Commissioner shall make a certification of findings with a copy

thereof en the subject or subjects of that determination. After five (5) days notice and

within nlrseey (90) days thereof, the Commissioner shall holds hearing at which time

the subject shall have ass opportunity to be heard and present evidence.

Section 211. At such hearing it shall be the obligation of the subject to show cause why the

determination Is Incorrect, why she application in question shall not be denied, why

the license, lIcenses, or permit in question shall not be revoked or suspended. why the

period of suspesasion should nor be extended, or to show cause why special conditions

or limitations upon a license or permit shotsld not be Imposed; or to show cause why

any other actaon regarding any other person or persons subject to any action should

not be taken.

Section 212. Following such hearing the Commissioner shall, within seven (7) days, reach a

determination contenting the acctsrscy of the preliminary certification of facts and

whether the license or permit tsr question should be granted, continued or suspended. revoked, conditioned or limitzd, and whether or not any other action recommended

to or by the Commissioner (including but not limited to forfeitures or fines) should

be taken.

Section 213. Within three (3) days following this determination the Commissioner shall inform

the subject in writing of that determination.

Section 214. Right to appeal. The subject shall have the right to appeal the determination of else

Commissioner to the District Court of the Muscogec (Creek) Nation for s de novo

hearing. Such appeal must be fikd.with the District Court Icr written form ott or

before the tenth (10) day following the determination of the Commissioner. The

determination of such appeal by the District Court shall be subject to review or

appeal to the Supreme Court of the Muscogee (Creek) Nation as provided under

Ordinance.

Section 215. Sanctions. Any person who engages in activities on property subject to the provisions

of this Code without a license or permit, in violation of the terms imposed thereon.

in violation of terms of suspension, or in violation of any other provision of this

Code, regulations promulgated thereunder or amendments thereto, shall be in

violation of the Code including any person who unlawfully trespasses upon any

premises licensed by thIs Code without else consent of else licensee and/or the

Commissioner. Separate violation shall be prosecuted as separate offenses. Each day

of violation shall constitute a separate count or violation of this Code. A violator

shall also be required to pay court costs, storage fees, auction or aales fees. All

property used in each and every separate violation of this Code may become the

property of the Muscogee Nation. Persons may be prohibited from trespassing on

premises licensed under thu Code, Iicensts may be suspended. or revolted, or limited. --

and/or establishments may be forcibly dosed. -All suds action shall be eileen at the 

discretion of the Commissioner subject to the right of appeal so the District Court

of the Miascogee (Creek) Nation. Winnings found to have been received in violation

of this Code are forfeited and become property of the Muscogee Nation, recoverable

by order. judgement. and execution of the District Court as provided by Ordinance.

TITLE Ill. LICENSES AND PERMITS

License required. Any person conducting Public Gaming operations on property

within the exterior boundaries of the Muscogee Nation and which is subject to the

jurisdiction of the Muscogee (Cretk) Nation shall be required to have and display

prominently sit appropriate, valid and current Pubic Gaming license issued pursuant

to the provisions of this Code. Airy other forms of Public Gaming operations being

conducted within the jurisdiction of the Muacogee Nation without the lawful written

approval of the Muscogee (Creek) Public Gaming Commissioner are prohibited under

Section 301.

5

6
ride ix.

for the remainder of the calendat year.

Section 302. Classes and Pea, Diffcre~t Classes of licenses shall be issued, and each have a

separate fee, and etch shall grant separate privileges. Each license shag be (or a

specific place, sod licensees desiring so operate multiple locations shall be required to

obtain multiple licenses. LIcensee ahail operst~ arid conduct only thoae activities

authorized under each license as listed below arid as may be Further apecilled in

regulations promulgated hereunder

A. Class A. A Class A LIcense may be issued ta the Creek Nation Festival

Committee, or the Creek Nation Rodeo Committee, at an annual rate of

$100.00, for the revocable privilege of conducting bingo games for the

remainder of the Calendar year.

B. Class C. A Class C LIcense may be Issued to any applying Muscogee

(Creek) Indian chartered community, church, or ceremonial ground at a

monthly rise of $10.00, for the revocable privilege of conducting of bingo

~Uri8 during the remainder of that calendar month.

C. Class C-2. A Class C.2 Litense may be issued to tribal entities, where the

use of tribal Funds are involved, stan annual rate of $25.00 for the revocable

privilege of conducting bingo games during the remainder of the calendar

year.

D. Class N. A Class N License may be issued to any person or group which

holds a valid bingo licasuc from the Stare of Oklahoma or its political

subdivision, at an annual rate of $600.00 or a monthly rate of $50.00 for the

rvoablc privilege of condslcting bingo games for the remainder of the

licensed period.

E. Class P. A Class P LIcense may be issued to any person or group which

holds,a valid parimutuel racing licenu from the Muscogee (Creek) Nation,

at ass annual rate of One Hundred Thousand Dollars ($100,000), (or the

revocable ptivilege of conducting parimutud

P. Class T. A Class T License may be issued so the Gaming Operations

Authority Board, at an annual rare of $1,200.00 for the revocable privilege

of conducting bingo panes in a specific location within the reservation of the

Muscogee Nation for the remainder of the calendar year.

C. ClassS. Satellite Bingo is the activity wherein bingo games are electronically

uvssmlwd by the utilization of live or prerecorded pictures or data from

predesignated satellites owned, leased or through use of agreement to

authorized sending units, places or areas, at an annual rare oI$l.200 for the

revocable privIlege of transmitting satellite bingo games into a sped tic location

within the reservation. Class 5 licensees shsil abide by thu Code and all

-rules and regulations promulgated by tl~e Cortirnissioner, Approval of leases

or contracts for satellite bingo enterprises between the Muscogec Nation and

any third party will be approved by Ordinance.

H. Class L. A class I. license ritzy be issued to the Gaming Operations

Authority Board. Division of the Lottery to conduct a lottery and so permit

agents to sell lottery tickets or shares for the remainder of the calendar year.

I. Class V. A class V license may be issued to the Gaming Operations

Authority Board, Division of Video Gaming. to conduct video games for the

remainder of the calendar year.

J. Class 0. A dais 0 license may be issued to the Gaming Operations

AuthorIty Board, Division of Off.Traclc Betting. to conduct off-crack betting

K. Reserved Claises. All other classes of licenses of public gaming are reserved

from approval by the Commissioner. The said license shall require approval

by an OrdInance of the Muscogee Nation.

L Amendment of Classes and Fees. Amendments of Section 302 of this Code

shall b~tne effective on January 1 of the following calendar year.

Section 303. Exemptions. The Following activIties are nor public gamIng operations under the

terms of this Code, and there(ote do nor require a litense under this tides

& GAMING NOT FOP. GAiN. Gaming In which no cash or valuable prizes

are won, other than points For cumulative competitive ratings, or places for

Immediate competitive ranldsigs. Is not subject to the provisions of this Code.

However, gaming for gain whIch Is conducted by a non-profit organization

is subject to the requirements of this Code if cash or valuable prizes are

awarded. Valuable prize means an object or service worth One Hundred

Dollars or more in fair market value.

B. Traditional Games. Sod~l games solely for prizes of minimal value or

tradItional forms of Indian gaming engaged in by individuals as apart of, or

in connection with, tribal ceremonies or celebrations.

C. Charitable Raffles. Selling chances on any item(s) and/or service(s) in order

to raise Funds for any church, ceremonial ground, or chartered community,

or for other charitable purposes recognized In regulations issued by the

Commissioner.

Section 304. All persons or organizations, who may seek to engage in Bingo activities within the

Muscog~e Nation, must apply for the same at least thirty (30) days prior to the

scheduled activities. All other licenses must be applied for no less than one

hundred-eighty (180) days prior to the scheduled activities.

Section 305. Every licensee Intending to continue engaging in Public Gaming activities within the

Muacogee Nation during the nest following alendar year shall apply for renewal of

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

Section 306. Every licensee shall display in a prominent plate a current and valid license for that

location.

Section 307. ~Wnen a licensee changes a location of Public Gaming activities within the Muscogee

Nation, the Commissioner shall issue a corrected license for the balance of the current

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

without imposition of an additional license fee.

Section 308. Fees. Each application for an Initial or renewal license ahall be accompanied by

payment of the license fee. Subject only to the appeal as provided under this Code,

the Commissioners determInation of the license fee properly owed under this Code

shall be final. ThIs fee Is Imposed for the revocable privilege of being licented to

engage In public gaming activities within the Muecogee Nation.

Stction 309. Non-transferability. The ilce.nse issued pursuant to the provisions of thia Code is

valid only for the person(s) or organization(s) at the place of business shown on the

Face thereof, Is Is not assignable or otherwise transferable to any other person or

organization or for any other location without the written approval of the

Cornmssaioner.

Section 310. All license Fees shall be paid to the Treasury of the Muscogee Nation.

7
Section 311. The Public Gaming Operations lictnae isa revocable privilege. and rio holder thcrcof

shall be deemed to have a part in any vested rights therein or thereunder. The

burden of proving qualifications to hold any lictnse rests at all times in the licenset.

The Commissioner Is charged by law with the duty of continually observing the

conduct of all licensees to the end that licensea shag not be held by unqualified or

disquaiiflesl peracras or unsuitable person or pers6ns whpse operations are conducted

in an unsuitable manner.

Section 312. Violation of any provisions of this Code or any of the Commiasonera rules by a

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

morals, good order, and general welfare of the Muscogee Nation md the inhabitants

of the Muscogee Nation, and grounds for reftsaing to grant or renew a license,

suspension or revocation of a license or ground for the filing of criminal charges or

dvii action In Tribil Distaict Court on behalf of the Commissioner. Acceptance of

a license or renewal thereof, or condition imposed thereon, by a licensee constitutes

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

conditions of the Commissioner and by the provisions of this Code as the same are

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

licensee to keep himself informed of the contents of all such regulations, provisions.

and conditions, arid ignorance thereof will not eacuse the violations.

Section 313. Ma provision of licensing. all contracts or agreements with the Muacogee Nation

that include gaming or related activities must be reviewed by the Commissioner.

(THIS BILL DELETES FORMER SECTION 314 (PERMITS REQUIRED) AND FORMER

SECTION 3I~ (PER1~T CI.ASSES AND FEES).

TITLE IV. - RULES OP OPERATION AND GENERAL A1PLICABILITY FOR

BINGO GAMES

Section 401. Records, Returns and Audits. It shall be th~ responsibility of the Public Gaming

Commissioner to promulgate regulations establishing proper accounting procedures

and methods of operations for all licensees, so that all monies or things of value

received and/or paid out may be properly monitored and accounted for. All licensees

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

comply with, but not be limited to ill applicable provisions of this Code or regulation

of the Commissioner. Said accounting system shall reflect all business and financial

transactions involved or connected in any manner with the operation and conducting

of activicie~ authorized by this Code.

Section 402. All bingo licensees shall charge players only for the bingo cards to be used in each

game. The rate to be charged players for cards or packs shall be fired by each

licensee and posted conspituously on the premises. Each person paying for the

opportunity to participate in a bingo game shall be given an approved receipt for the

bingo card or pick, which shall be numbered and dated, which can be readily

Identified as belonging to that licensee. Each card or pack ia~ucd shall represent a

specific amount of money which has been paid to the licensee. The amount of

money represented by each card or pack issued shall be dearly made known to all

players prior to anyone paying to participate in the activity.

Any delay, maneuver or action of any kind, which in the opinion of the

Commissioner, is effectuated by any licensee to unlawfully avoid paying the proceeds

properly owing to the Muscogee Nation shall constitute grounds for raking any

disciplinary action detmed necessary by the Commissioner. including but not limited

to fining, revoking, suapenling. limiting, or refl.ssing to renew the license of any

licens~

Section 404. No applicant, lictn~ee, or ernploy~ thereof shall neglect or refrise to product records

or evidence under their control, or to give information upon proper and lawful

demand by the Commissinner. or shill otherwise interfere with any proper and lawful

effisrta by the Commissioner to produce such information. The Commissioner may

summon any licensee or a licensees agents. employees, or suppliers to appear to

testify with regard to the conduct of arty licensee or the agents, employees, or

suppliers of any lIcensee. All such testimony shall be given under oath and may

embract any matters, which the Commissioner may deem relevant to the discharge of his official duties. Arty person so summoned to appear shall have the right to be

repreaenred by counsel. Any testimony so taken may be used by the Commissioner

it evidenct in any proceeding or matter before the Commissioner or the Tribal

District Court or. which may laser come before the Commissioner or the Tribal

District Court. Failure to so appear and testify fully at the rime sad place designated,

unless czcssaed, shall constitute grounds for revocation or euspension of any license

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

to Further supply any person licensed under this Code.

Section 405. LIcensees shall provide (or their facility security, provided, that contracts are reviewed,

security, platu, or amendments thereto are approved by the Commissioner prior to

implementation.

Section 406. Unless prior written approval is obtained from the Commissioner, no person

employed in the conduct of Public Gaming operating under one lictnte shill be

employed under any other license authorized to operate under this Code.

Secrion 407. Age Limit for Bingo. No person, who is under the age of eighteen (18). shall operate

nor shall be allowed to participate in any manner in the operation of any bingo game.

No person(s) under the age of sixteen (16) shall be allowed on premises where bingo

games are being conducted. It shall be the responsibility of the licensee so enforce

the provisions of this section.

Section 408. On duty operators shall not play. No operator shall allow a person who manages or

ractive, any compensation, directly or indirectly, for the operation of any bingo

games conducted by the operator to play in a bingo game while on duty. No

operator shall allow any person who assists in the operation of any bingo game

conducted by the operator to play In any bingo game conducted by the operator

within 24 hours of the time said person did so assist.

Section 409. No free games for winners. No fret cards or any opportunity ro play in a bingo

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

a bingo pine or games, Provided, that the Commissioner shall have the authority to

grant exceptions upon request by the operators.

Section 410. No bingo game shill be conducted to include a prize determined other than by the

matching of letters and/or numbers on a bingo card with letters and/or numbers

called by the litensee or an employee of the licensee in competition with all players

in the bingo game. All equipment used directly in the operation of a bingo game

except bingo ctrds from which letters and/or numbers arc obtained so call, bags or

other items containing letters and/or numbers to call or used fol the purpose of

displaying numbers and/or letters caged to the public, and any sound amplification

system neeessuy for the convenience and comfort of the players and operators muse

be approved by the Commissioner.

Section 411. Every prize awarded during the operation authorized shall be awarded only to die

person(s) actually winning the prize and displaying the proper admission ticket.

Section 412. Bingo cards or pack shall be sold and paid for only in advance for use in a specified

game or specified numbered games. All sslei of bingo cards or pack shall take place

upon the premises. All bingo carda or packs must be used on the day sold.

Section 413. Promotional Activities and Remuneration. Certain licensees may be exempt from

S409 and engage in prornosiona arid activities that include prizes or the award of

cards or packs as an Incentive to allow certain individuals, who provide a specified

Section 403.

10
aesvice or meet other stared requirements. to participate in games the sante as regular

participants. Ucensee* participating in promotional activities must provide the Office

of Public Gaming full detaila of all such activities sod receive advance approval for

cads suds promotional activities. Written approval for auth aczivities must remain

on file in the Office of Public GamIng and with the licensee for a period of not less

th*n one (1) year.

Section 414. Each numbered ball or other device used in a bingo game for the selection of

numbcn to be called in play shsll be the same weight and size as each of the other

balls or devices used for that purpose of that game.

Section 415. In all cases thc bingo operator must have and exercise complete control over that

portion of the premIses being used for bingo at all times said games are being played.

The licensee or permit holder shall be held liable for any violation of the Code.

Section 416. Bingo games shall be operated and conducted only on the appropriate licenaed

premises authorized under this Code.

Section 417. No manufacturer, distributor, or operator shall by agreement either erpreas or

otherwise with any other manufacturer, distributor, or operator fix the price at which

any device, paraphernalia, machine, equipment. priu or any other items used in

connection with any of the activities authorized under this Code shall be sold or

which services In connection therewith shall be rendered. The price of these items

In a competitive masket place ahall be established by each manufacturer, dirtributor,

or operator For the products and services offered by each and shall not be established,

directly or Indirectly, in concert with another.

Section 418. Licensees must own, supervise, and~be directly responaible for all activities on their

premises authorized by license under this Code, ercept as specifically outlined in

Msnag~ment Agreement approved by Ordinance.

Section 419. It is the poi~y of the CommIssioner and the Muscogee Nation to require that all

establishments, wherein bingo is conducted within the reservation, be operated in a

manner suitable ~o protect the public health, safety, morals, good order, arid general

welfare of the inhabitants of the reservation. Responsibility for the employment and

maintenance of suitable methods of operation rests with the licensee and willful and

persistent use or toleration of unsuitable methods of operation will constitute grounds

for license revocation or other disciplinary actions.

Section 420. Receipt requIred for Income and prizes In bingo. All income from bingo games shall

be receipted by the licensee at the time the income is received from each individual

player, and all prizes ihall be receipted for by the winner of each price at the time the

prize Is distributed to each Individual winner.

A. Income receipts forms. Income receipt forms shall be Lupplied by the

canaec. They may be rickets or disposable bingo cards numbered

consecutively, or they may be based upon a cash register system if an

idcssdfication number is on the receipt given to the customer, which is one

of a series of such numbers printed consecutively, and a corresponding

number is recorded together with a record of the transaction being kept inside

the cash register.

In the event a cash register system is used, the following information shall appear

upon the receipt given a customer and upon the record being kept inside the

machioct the narita of the licensee operating the activisT, the date the transaction took

place. the receipt number, the amount of money paid. or a description of other

consideration paid fot the opporçsniry to play. The cash register receipt rolls retained

in the machine showing those transactions shall be retained with the records of the

licensee for a period not less than two (2) years.

(1) Receipts horn income from all sales except those of opportunities to

play bingo on disposable cards. Eadi person paying for the

opportunIty to participate In a bingo game. except as provided In

sub-section (2), who does not receive a cash register receipt shall be

given a ticket or tickets, which shall be consecutively serially

numbered. Each ticket issued shall represent a specific amount of

money which baa been paid to the licensee. The amount of money

represented by each ticker issued shall be dearly made known to all

playera prior to anyone paying to participate in the activity. Licensee

shall record in his daily records the lowest numbered ticker issued as

receipt on cads day or occasIon and hIghest numbered ticker issued

on this day or occasion. Tickets bearing numbers falling between

these higit and low numbers issued, which were not issued as receipts

on that day or o~.sion, shall be reteined by the licensee as part of its

daily records and shall not otherwise be used or disposed of by the

licensee For a petiod of not less than three (3) months or until such

ticket has been duly inspected and accounted for by the Office of

Public Gaming. at which time said receipts may be disposed of by the

lIeen~

(2) Receipt for income from salts of opportunities to play bingo on

disposable Bingo cards. As so each person paying lot the opportunity

to play bingo on disposable bingo cards, the disposable cards

themselves may be used as the receipt required by this ruic. Provided.

that each set of disposable cards used is consecutively numbered from

the first caid to the last, and each card contains both its individual

consecutive terial number and the identification number assigned by

the manufacturer to (hat set of disposable cards on its face, except for

licensees specifically exempt by the Commissioner to minimize

duplicate cardr and avoid excess waste.

No disposable card in any game plays shall be a duplicate of any

other card in that game. Each disposable card should represent a

specific amount of money which has been paid to the licensee, which

amount has been clearly disclosed to all players in advance of any

player participating In the activity. Each disposable card shall be sold

for the same price. to each other disposable card of the same dais

being used during any particular bingo game.

All licensees shall record in ira daily records the set number of each

set or portion of a set, which has been used during each bingo game

on each occasion immediately following the playing of that game

together with the serial number of the cards with the lowtst and

highest number of cards sold from each of those sets. The licensee 

shall retain, as a part of his daily records, each unsold disposable ~rd

with the serial number falling between the lowest and highest number

sold from cads set on that occasion and shall not otherwise use or

dispose of those cards so retained for a period of not less than three

(3) months or until tuch cards have been duly inspected and

accounted for by the Offict of Public Gaming. at which time said

cards rosy be disposed of by the licensee.

B. Receipts for prizes. Receipts for prizes shall contain the following

informaciom The name of the licensee operating the sctivity~ the date the

transaction cook place; the reteipt number and the game number, the true

name and address of the winner of the prize; a description of the prize won

and any value of that prize, which has been represented to the player by the

li~

It shall be the responsibility of the licensee to see that the prize winners sre

1.2.

12
properly and aceuratdy identified upon the receipt for the prize, and the

ticenax thai! require such proof of identification as is necessary to properly establish the winners Identity. The licensee shall not pay our any prize unless

and until the winner has ~Uy and accurately furnished to the licetuee all

Information required by this rule to be urn the receipt for the prize. One

duplicate of each prize receipt shall be given to the winner, and the other

duplicate of prize receipts shall be retained by the licensee as part of its

records for a period of not less than five (5) years.

Section 42L All establIshments, wherein bingo operations are to be conducted, must be certified

as saFe by dat Commissioner prior to the issuance of a license. An alterations or

modifications must be approved by the Commissioner,

Section 422. Any premIses licensed or any premises connected physically or otherwise with a

licensed bujineas, including vehicles used in connection therewith, shall at all times

be open to Inapeedon by the Commissioner. At any time during which a licensed

gaming or ttlated administrative activity is being conducted on a premises. the

Commissioner or any authorized representative of the Commissioner may enter upon

the premises without advance nodct and:

A. Malta an a~unt of all monies on the premises and all monies received

during the operation of the licensed activity located on the premises. inspect

all receipts for prizes which have been awarded by the licensee;

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

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

operation, or promotion of a licensed activity or of any employee of the

licensee; or of any operator of the licensed activity;

C. Inspect, Including the dismantling of all pieces of equipment or parts tlteteof

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

activity.

D. When the Commissioner finds cause to believe that there is a reasonable

probability that the provisions of this Cede, including any amendments

thereto or any of the rules passed by the Commissioner have been or are

being violated by the licensee or its employees or operators, they may move

to another location or locttions for 1l.srther inspection or investigation of any

and &ll records and any arid all equipment, pars thereof, devices, or thing(s)

of any nature looted upon the premises related to the operation of the

licensed activity or any other gambling activity. A receipt shall be issued to

the licensee or operator of the activity which ahalt list and describe each

record, this piece of equipment or part thereof, device, or thing(s) which hai

been removed from the premises. Each such record. piece of equipment. pare

thereof, or thing(s) so removed shall be returned to the premises or to the

address of the licensee within ten 00) days, cacept Saturdays, Sundays. and

days

when isibal offices sic legally dosed. After its removal in as good

condition as it was when it was removed unless the Commissioner determines

that the record. equipment. devices, or thing(s) so removed are necessary for

an ongoing investigation and/or evidence of possible violations of this Code

or rules of the Commiuioraer by the licensee, by employers of the licensee or

by operators of the licensed activity, or for possible forfeiture under title II

hereof with the Commissioner so norifring the licensee of the reasons said

property or thing(s) are to be so held.

Section 423. No beverage containing alcohol, including but not limited to beer or liquor. shall be

o~ered or awarded as a prize or In lieu of a prize for winning at any of the activities

authorized by this Code, nor sold, on the premises at any time.

Section 424. No firearms, air guns which are capable of discharging dangerous prolectiles or gases.

including but nor limited to B.~s or C02 guns. rifles. shotguns. pistols, or

revolvers shall be allowedon the premises. eacept as permitted by regulation of the

Office of Public Gaming.

Section 425. No licensee or any of its members or employees, or any operator conducting or in

anyway parriripasiog In the conducting of any of the activities, which are authorized

by this Code or by the Commissioners rules, shall allow a person to play that activity

on etedic or shag grant a loan of any kind at any rime to a person playing the

activity.

Section 426. No person Involved in the operation of any activity authorized by this Code or a rule

of the Commissioner shall, directly or indirectly, in the course of such operation

employ any device, scheme, or artifice to defraud; make any untrue statement of a

fact, or omit to state a fact necessa.sy In order to make a statement not misleading in

consideration o(the csrcumstances under which such statement was madet engage in

any act, practaca, or course of operation as would operate as a fraud of deceit upon

any person.

Section 427. Each licensee shall obtain, maintain, and keep current a copy of the Public Gaming

Code and all nsles of the Commissioner and any amendments to either, which shall

be located upon the premises used for the conduct oft licensed activity by a licensee

during ill timei the activity is there conducted. The rules shall be produced by the

licensee and shown to any person upon demand. The fact that the licensee may not

hsve a current copy of each of the rules of the Commissioner shall nor in any way

diminish the licensees obligation to abide these rules.

Section 428. No licensee shall conduct any activity authorized under this Code upon any premises.

if the lease, license, contract, or anyother agreement under which right to use said

premisa is not first fully disdosed to the Commissioner.

Section 429. No manufacturer or distributor shall make or have an agreement or understanding with any licensee that either of them shall be restricted in the operation and carrying

on of business to a specific geographic area or aeeas. arid such a restriction shall not

be a condition of:any sales between manufacturer, distributor and any other licensee,

Provided, that this shill nor prevent a distributor or manufacturer from assigning sales

territories among its bona fide tepreaentativea.

Section 430. All licensees shall be responsible to insure that each manufacturer and each distributor

selling or distributing equipment or other things used, directly or indirectly, in said

licensees gambling activities and who Is nor a Muscogec Nation resident or resident

corporation shall designate a natural person, who is a resident living in the Muscogee

Nation and who is eighteen (18) years of age or older, as a resident agent (or the

purpose of receipt and acceptance of service of process and other communications on

behalf of the manufacturer distributor. The name snd business address where service

of process and delivery of mall cast be made, and home address of such designated

resident agent shall be ~led with the Commissioner. All said manufacturers or

distributors must be listed with the Commissioner.

Section 431. Immediately before the calling of each number in a bingo game. the caller shall turn

the portion of the ball or other device used to determine which number is called.

which shows the number and letter to the participants in the game. so that

participants may know that the proper number is being called out.

Section 432. Ail licensees conducting games with a progressive payout feature will provide the

Office of Public Gaining, for approval, the system for accumulation and account

restrictions of funds so designated. The procedure md any amendments thereto must

receive prior writcen approval of the Commissioner.

Section 433. All employees must be listed with the Commissioner. Such lists are to be kept

current.

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TITLE IX.

- REGULATION OP UNLICENSED PUBLIC GAMING

TITLE V.

- PARIMUTUEL RACING

Section 901. Policy; Constzuthon. It Is hereby declared to be the polity of the Muscogee Nation.

(RESERVED) recognizing the dose relationship between professional gambling and other organized

crime, to restrain all persons from seeking profit from unlicensed gambling activities

in this reservatIon; to restrain all person from parronizlng such activities when

TITLE VI.

- LOITERIES

,

conducted for the profit of any person; to safeguard the public against the evils

induced by common gamblers and common gambling houses; and at the same time

(RESERVED) to preserve the freedom of the press; and to avoid restricting psnidpation by

individuals In sport and social pastimes which are not for profit. do not slicer the

public and do oot breach the peace. All the provisions of this title shall be liberally TITLE VII. OFF-mACK WAGERING construed to achieve these ends, and administered and enforced with s view to

carrying out the shove declaration of policy. (RESERVED)

Section 902. DefinItions. As used In this tilt

TITLE VIII.

- VIDEO GAMES (A) Galn means the direct realization of winnings; profit means any other

realized or unrealized benefit, direct or indirect, including without limitation

(RESERVED) benefits from proprietorshIp, management. or unequal advantage in

a series

of transactions.

(B) Gambling means risking any money, credit, deposit or othrr thing of value

for gain contingent in whole or In part upon lot, chance or the operation of a gambling device, but does not indude bona (ide contesu of ski, speed,

strength or endurance In which awards are made only to entrants or the

owners of entries; bone fide business transactions which are valid under the

law of contracts; and other aces or trantactiona now or hereafter capresaly

authorized by law.

IC) ~Profrssional gambling means accepting or offering to accept. (or profit,

money. credit, deposits or other thinga of value risked in unlicensed gambling.

or any claim thereon or Interest therein. Wsthout limiting the generality of

this definitIon, the following unlicensed activities shall be included:

pool-aellIs~g and bookmaklnw maintaining slot machines. one-ball mschines

or variants thereof, pinball machines which award anything other than an

immediate and unrecorded right of replay, roulette wheels, thee tables, or

money or merchandise pushcards. punch boarda, jart or spindles, in any place accessible to the public, and conducting unlicensed lotteries, gift enterprises.

or policy or numbers games, or selling chances therein; and the following shall be presumed to be included: conducting any unlicensed banking or

percentage game played with cards, dice or counters, or accepting any fixed

share of the stakes therein.

(D) Gambling device means any unlicensed device or mechanism by the

operation of which

a right to money, crediu. deposiu or other things of value

may be creased, In return fora consideration, as-the result of the operation

of an element of chance; any unlIcensed device or mechanism which whrn

operated for

a consideration does not return the same value or thing of value

for the same consideration upon each operation thereof, any unlicensed

device, mechanism, furniture, fixture, constsuceion or installation designed

primarily for use In connection with profrasionsl gasnbling and any

unlicensed sub-assembly or essential past designed or intended for use in

connection with any such device, mechanism, furniture, fixture, construction

or installation. But In the application of this definition an immediate and

unrecorded right of replay mechanically conferred on players of pinball

machines and similar amusement devices shall be presumed to be without

value~

(E) Gambling record means any recotd, receipt, ticket, certificate, token, slip

or notation given, made, used or, Intended to be used in connection with

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15
unlicensed professional gambling.

(F) Gambling information means a communication with respect to any wager

made In the course of and any information intended to be used for

unlicensed professIonal gambling. In the application of this definition the

following s)~all be presumed to be Intended for use In professional gambling:

Information u to wagers. betting odds or change in betting odds.

(C) Gambling premise means any building. room, enclosure, vehide. vessel or

other place whether open or encioaed, used or intended to be used (or

unlicensed prokuional gambling. In the application of this definition, any

place where ass unlicensed gambling device is found shall be presumed to be

Intended to be used for profesalonal gambling.

(H) Whoever and person include natural persons, partnerships and

associations of persons, and corporations, and any corporate officer, director

or stocltholdcr who authorizes, participates in, or knowingly accepts benefits

from any violation of this act committed by his corporation.

0) Officer means any deputy or designated sgent of the Commissioner, the

Tribal Ughthorae Administration, or Tribal District Court.

CJ) Court means the District Court of the Muscogee (Creek) Nation.

CX) Unlicensed means not holding a valid license issued by the Commissioner

of Public Gaming of the Muicogce (Creek) Nation.

Section 903. Gamblings Exemption; Professional tambling.

(A) Whoever engages in unlicensed gambling, solicits, or induces another to

engage 1st gambling shall be fined, or imprisoned, or both.

CE) Natur*l persons shall be eaempt from prosecution and punishment under

aubanction (I) for any game. wager or transaction which is incidental to a

bone fide sod.,] relationship, is participated in by natural persons only, and

in whirls no person is participating, directly or indirectly, in unlicensed

professIonal gambling.

(C) Whoever engages in unlicensed professional gambling or knowingly causes.

aids, abets, or conspires with another so engage in professional gambling shall

be fined, or imprisoned, or both.

Section 90.4. Gambling Devices; Gambling Records; Property subject to forfeiture.

(A) All unlicensed gambling devices are common nuisances and are subject to

seisure immediately upon detection by any officer, who shall hold the same

-- subject to confiscation andlor destruction by order of a court having

jurisdiction.

(B) No property right in any unlicensed gambling device shall mist or be

recognized In any person. cacept the porsessoty right of officers enforcing this

act.

(C) All furnishings, fixtures, equipment. and stock including without limitation

furnIshings and fi~tutes adaptable to non-gambling uae.s, and equipment and

stock for printing. recording. computing. transporting. safekeeping. or leacept

a~ otherwise provided in subsection (C) of Section 9051 communication used

its connection with professions] gambling or maintaining a gambling premise.

and all money or other things of value at stake or displayed in or in

connection with unlicensed professional gambling or any unlicensed gambling

device. shall be subject to scizurt. Immediately upon detection, by an officer

and shall unless good cause Is shown to the contrary by the owner, be

forfeited to the Nation by order of the District Court of the Muscogee

N*tion, (or sale by public auction, or as othes-wise provided by law. Bone

fide liens agalnsc property so forfeited thall, on good cause shown by the

lienor, be transferred from the property to the proceeds of the sale of the

property. Forfeit monies and other proceeds realized from the enforcement

of this subsection shall be paid into the genera) funds of the Muscogee

Nation.

CD) All real property, lndudlng any right, title, and Interest In the whole of any

lot or tract of land and any appurtenance or improvement thereto, which is

used, or Intended to be used, in any manner or part, in or in connection with

unlicensed professIonal gambling. shall be subject to seizure and forfeited to

the Muscogee Nation under the procedures established its aubsectiots (G) of

this sectton.

CE) Whoever knowingly owns, manufactures, possesses, buys, sells, rents, leases.

stores, repairs or transports any unlicensed gambling device, or offers or

solicits any Interest therein; whether through an agenr or employee or

otherwise, shall be fined, or imprisoned, or both. Subsection (B) of this

section shall have application in the enforcemenr of this subsection.

(F) Whoever knowingly prints, makes, possesses, store.L, or transports any

unlicensed gambling record, or buys, sells, offers or solicits any interest

therein; whether through an agent or employee or otherwise, shall be fined,

or Imprisoned, or both, and 1st the enforcement of this subsection direct

possession of any unlicense~ gambling record shall be presumed to be

knowing possession thereo~

(G) (I) Any peace officer of the Muscogee Nation shall seize any real property

described In subsection CD) of this section.

(2) Such property shall be held as evidence until a forfeirurt has been

declared or release ordered; notice of seizure and intended forfeiture

proceedings shall be filed In the Office of the Clerk of the District

Court of the Muscogee Nation and shall be given all owners and

parties in Interest.

(3) Within forty-five (45) days after the mailing of publication of the

notice, the owner of the property and any other party in interest or

claimant may file a verified answer and daim to the property

described In the notice of seizure and of the intended forfeiture

proceedings.

(4) If at the end of forty.frve (45) days after the notice has been mailed

or published there Is not verified answer on file, the Court shall hear

evidence upon the fact of the unlawful use and ahall order the

property forfeited to the Muscogee Nation, if such (act is proved.

(5) If a verified answer is filed, the forfeiture proceedings shall be act for

hearing.

(6) At a hearing in a proceeding against real property seized in accordance

with this Code, the proof of the unlawful activity shall be satisfied by

the Muacogee Nation by a preponderance of the evidence.

(7) The claimant of any right, title, or interest in the property may prove

his lien, mortgage or conditional isles contract to be a bona Isle or

Innocent cwnerahip Interest and that his right, tide, or interest was

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18
cteared without any knowledge or lesion to believe that the property

was being. or was to be. wed for the purpose charged.

(8) In the event of such proof. the Court shall order the property released

to the boot Me or innocent owner, lien holder, mortgage, or vendor

If the amount due him Is equal to, or in eaceu of. the value of the

property as of the date of the seizure, it being the intention of this

section to forfeit only the right, title, or interest of the purchaser.

(9) If the amount due to such person is 1ess than the value of the

property, or If ste boot Me claim Ii established, the property shall be

Forfeited to the Muscogee Nation and sold under judgement of the

Court, as on sale upon esecution, in accordance wish law.

(10) Property taken or detained under this section thall not be repleviable.

but shall be deemed to be in the custody of the Office of the

Attorney General of the Muscogee Nation, subject only to the orders

and decrees of the Court or the official having jurisdiction thereof.

(ii) The proceeds of the sale of any property taken under this section shall

be deposited in the Treasury of the Muscogee Nation.

Section 905. Gambling Information.

(A) Whoevcr knowingly transmIts or receives unlicensed gambling information by

telephonc. television, telephone lines, facsimile, teletype. computer or

computer modem, satellite, telegraph, radio, semaphore. or other means or

knowingly Iststalls or m*ineaAu equipment for the transmission or receipt of

unlicensed gambling information shall be fIned, or impriaoned. or both.

(B) When any public utility is notified in writing by a law enforcement agency

acting within in jurisdiction that any service. facility or equipment furnished

by It Is being used or win be used to violate this section. is shall discontinue

or refuse: the furnishing of such seevice, facility or equipment. and no

damages. penalty or forfeiture, civil or criminal, shall be found against any

public utility (or any act done In compliance with such notice. Unreasonable

failure to comply with such notice shall be prima fade evidence of knowledge

apisur such public utility. Nothing in this subsection shall be deemed to

prejudice the right of any person affected thereby to secure so appropriate

determination, as otherwise provided by law, that such service, facility or

equipment should not be discontinued or temoved. or should be restored.

(C) P*ctlitks and equipment furnished by a public utility in the regular course of

business, and which remain the property of such utility while ao furnished.

shall not be seized pursuant to subsection (C) of Section 904 of this 5cr.

except In connection with an alleged violation of this act by such public

utilIty, and shall be forfeited only upon conviction of such public utility

therefore,

Section 906. Gambling Premises.

(A) All unlIcensed gambling premises arc common nuisances and shall be subject

to abatement by Injunction or as otherwise provided by law, In any action

brouglar under this subsection the plaintiff need nor show damage and may,

In the discretion of the court, be relieved of all requiremenu as to giving

security.

(B) When any property or psemsse is determined by a court having jurisdiction

to be an unlicensed gambling premise. the owner shall have the right to

terminate all inxre~t of anyone holding the same under him.

(C) When any property or premise for which one or more licenser, permits, or

certificates lssucd by this Nation are In effect is determined by the District

Court of the Muacogee (Creele) Nation to be a gambling premise: all such

licenser, permits, and certificates shall be void, and no license, permit, or

certificate so waceiled shall be reissued for such property or premise for a

period of sIx (6) months thereafter. Enforcement of this subsection shall be

the duty of all officers and i.ll taxing or licensing officials of this Nation.

(D) Whoever as owner, lessee, agent. employee, operator. occupant, or otherwise

knowingly maintains, or aids, or permits the maintaining of an unlicensed

gambling premise shall be fined or ImprIsoned, or both, and whoever does

any am In violation of this paragraph within any locked. barrictded, or

camouflaged place or isa connection with any electrical or mechanical alarm

or warning system or arrangement shall be fined, or imprisoned, or both.

Section 907. Repeated Offenses.

Any person who has been convicted of a violation of Section 903(B), 904(0),

905(A), or 906(D) of this ace may upon any subsequent violation of Section 903(B),

904(0), 905(A). or 906(D) be prosecsted as a repeating offender and upon

conviction shall, in lieu of any other penalty, be fined, or imprisoned, or both.

Section 908. Witness Immunity.

In any pro~ding arising out of a violation of this act, if a natural person refuses to

answer a question or produce evidence of any other kind on the ground that he may

be incriminated under this ace thereby, the court when requested in writing by the

prosecuting attorney, shall, unless lr4inds that to do so would be clearly contrary to

public interest, order such person to answer or produce the evidence, and that person

shall ce~mply with the order. After complying with the order, and if, but for this

section, he would have beers privileged to withhold the answer given or the evidence

produced by.hlm, such person hsll floe be prosecuted or subjected to penalty or

forfeiture under this act for or on account of any transaction, matter or thing

concerning which. In accordance with the order, he gave answer or produced.

evidence. He may nevertheless be prosecuted or subjected to penalty or forfeiture for

any peajusy or contempt committed in answering or failing to answer, in producing.

or failing to produce, evidence In accordance with the order.

TITLE X. TRIBAL POLITICS ON GAMING ACTIVITIES

Section 1001. Future trlb*l policies on gaming activities, which shall be expressed in the form of an

Ordinance, shall conform to the requirements of this Title.

Scceion 1002. The Muscogre Nation hu exclusive jurisdiction over Class I gaming activities, as

defined by Public Law 100-497.

Secrion 1003. The Muscogee Nation has exclusive jurisdiction over Class 11 gaming activities, as

defined by Public Law 100-497, subject to the provisions of Section Ii of Public Law

100-497, and may engage in, or license and regulate, Class 11 gaming on Indian lands

within the jurisdiction o(the Muscogoe Nstion, if(I) the gaming Is located within

a State that permits such gaming for any purpose by any person. organization or

entity (and such pining Is not otherwise specifically prohibited on Indian lands by

Federal law), and (2) the Mssscogee National Council adopts an Ordinance which is

approved by the Prindp*l Chlcf~ and (3) a separate license is required (or each place,

facility, or location on Indian lands at which Class II gaming is conducted.

Section 1004. Except as provided by Section 1009, the Muscogre Nation shall have the sole

proprietary interest and (or thc conduct of any gaming activity.

Section 1005. Net revenues from any tsi,al gaming arc not to be used for purposes other than (1)

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20
Section 1102 The Principal Chief ahs.I1 publish a Legal Notice in one newspaper of general

to fund tribal government operations or prog;ams; (2) to provide for the general ~within each Legislative District of the Muscogee Nation. Said Notice shall

welfare of the Museogoe Nation and In citizens; (3) to promote tribal economic read as follows:

developments 4) to donire to charitable organizations; or (5) to help fund operations

of local government agencies. The Muacogee Nation has adopted a Code regulating public gaming within

the Muscogee (Creek) Nation. All natural and legs) persons who reside or

Section 100~. Annual outside audits of Class 11 and Class ill gaining activities, which shall insofar do busineu within tribal boundaries are hereby notisied that said Code is in

as pouiblc be encompassed within aciating audit systems and procedures. shall be efFect.

provIded by the Controller of the Muscesge.e Nation to the Chairman of the National

Indian Gaming Commission in Washington, D.C.. and all contract, for supplies. Effective 199 . general provisions have been adopted. and

aervi~ or concessIons for a contract amount In cce.ss of $25,000 annually Notice to Resesvation P,esidents is required.

(caduding contracts for prokuionsl legal or accounting services) relating to such

gaining shall be subject to suds Independent audits. Effective 199 . tribal licenses ate required for public gaming

activities, rules of operation and general applicability for public gaming are in

Section 1007. The construction and maintenance of each gaming facility, and the operation of that force, and unlicensed public gaming is prohibited.

gaming. La conducted in a manner which adequately protects the environment and

the public health and safety. Copies of the Code are available for $25.00 from the Commissioner of Public

Gaming. P.O. Bo~ 580, Okznulgee. Oklahoma, 74447.

Section 1008. The Commissioner of Public Gaming shall maintain adequate systems, in writing.

which (1) ensures that background investigations are conducted on the primary (Signed) management officials and key employees of the gaming enterprise and that oversight Principal Chic! of such official, and their management is conducted on an ongoing basis; and (2) Muacogee (Creek) Nation

indudes tribal licenses for primary management officials and key employees of the (date)

gaming enterprise with prompt notification to the National Indian Gaming

Commission of the issuance of each license; and (3) includes a standard whereby any

person whosc 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 cease or enhance the dangers of unsuitable, unfair, or illegal practices and

methods and sctiviriej in the conducf of gaming shall not be eligible for employment; and (4) Indudes notification by the Muacogec Nation to the National Indian Gaming Comm~sIon of each background check before the issuance of any such license.

Section 1009. The Muscogee Nation shall not License Class II or Class Ill gaming activities to be

owned by any Individual, nor by any entity other than Chartered Muacogee (Creek)

Indian Communities or Tribal Towns of the Muscogee Nation, or by committees of

site Muscogee Nation, established by Ordinance, which raise funds so support specific

tribal programs, all of which are integral components of the Muscogee (Creek)

National Government. Church activities shall be authorized solely under Section 303

of this Ordinance,

Section 1010. The Commissioner of Public Gaming. Speaker of the National Council. members of

the GOAB shall taice every measure necessary to insure that the Muscogee Nation has

conducted its gaming activity in such a manner which has resulted in an efFective and

honest accounting of all revenues; and has resulted irs a reputation for safe, fair and

honest operation of the activity; and has been generally free of evidence of criminal

or dishonest activity; and Insure that the Muscogee Nation has adopted and is 

Implementing a.dequtse systems foe accounting for all revenues from gaming activities.

ibr

Itweadgaciota Ilctnslng and monitoring of all employees of the gaming activities.

and for Investigation, enforcement and prosecution of violations of M uscogee Nation -

gaming ordinances and regulations, and has conducted the operations on a fiscally

and economically sound basis.

Section, 1011. The Principal Chic! Is authorized to apply to the National Indian Commission for

a Certificttc of ScJf.Regulation, and to supply all requested information and appear

at any hearings on si&d certificate accompanied by the Commissioner of public

Gaming and the Speaker of the National Council or the Speakers designee.

TITLE XI. - NOTICE TO RESERVATION RESIDENTS

Scction 1101. The Commissioner of Public Gaming shall publish a minimum of 100 copies of this

Code and shaii mske them available for sale to the public

22

21
ATTACHMENT A

BOUNDARiES OF THE MUSCOCEE NATION

Prior to 1707, the Muscogee Nation ocesipied a large aboriginal territory in Georgia. Alabama and

Florida, Through a series of ercatlea with Great Britain and her cololiies, tr~cu were ceded through

1733. In 1790. ccsaions to the United Stares were commenced.

In 1830, the Indian Removal Act, 4 Stat. 412, authorized exchanges of tribal lands east of the

Mississippi River for new tracts ~t of the Arkansaa territory. In 1832, the Muscogee Nation signed

a Treaty which permitted the exchange to take place. Treaty of March 24. 1832. 7 Stat. 366.

Less than eleven months lazes, the boundaxiej of the new tribal lands in the west were cstablizhed

by the Treaty of Pebruasy 14, 1833,7 Stat. 411, which provided:

Article II. The United States hereby agree, by and with the consent of the Creek and

Cherokee delegates, thIs day obtained, that the Muscogee or Creek country west of the

MississippI. shall bc embraced within the following boundaries, vit

~Bcginnlng at the mouth of the north fork of the Canadian river, and run

northerly four miles thence running a straight line so as to meet a line

drawn from the south bank of the Arkansas river opposite to the castor lower

bank of Grand River, at its junction with the Aslunaas, and which runs a

course south, 44 deg. west, one mile, to a post placed in the ground .. thence

along said line to the Arkansas, and up the same and the Verdigris river, to

where the old territorial line crosses it thence along said line north to a

point twenty-five miles from the Arkansas river where the old territorial line

crosses the same thence running ~ line at tight angles with the tetritotial

line sforczaid, or west to the Mexico line -thence along the said line southerly

to the Canadian river or to the boundary of the Choctaw country -- thence

down *aid river to the place of beginning.

The lines, hereby de~ning the country of rise Museogee Indians on the north and east, bound

the counoy of the Cherokee along these courses, as settled by treaty concluded this day

between the United States and that tribe.

Article Ill. The United States will grant a patent, in fee simple. to the Creek Nation of

Indians (or the land s~signed said nation by this treaty or convention, whenever the same

shall have ratified by the President and Senatc of the United Statca and the right thus

guaranteed by the UnIted States shall be continued to said tribe of Indians, so long as they

shall exist as a nation, and continue to occupy the country hereby assigned them.

This area was diminished by the Treaty of Asaguat 7. 1856, 11 Stat. 699. which provided a tract

between the north and south forks of the Canadian River, west of Pond Creek, to the Seminoles.

The tribal area was diminished again by the Treiry of June 14. 1866. 14 Stat. 785. which provided;

Article 3. In compliance with the desire of the United Stares to locate other Indians and

freedmen thereon, the Creeks hereby cede and convey to the United Stares, to be sold and

used as homes for suds other civilized Indians as the United States may choose to settle

thereon, the west half of their entire domain, to be divided by a line running north and

south; the eastern half of said Creek lands, being retained by them, shall, except as herein

~. otherwise stipulated, be forever set apart as a home for said Creek Nation.

Article 8. It Is agreed that Secretary oF the Interior forthwith cause the line dividing the

Creek counny, as provided for by the, terma of the axle of Creek lands to the United States

in snide third of this treaty, to be accurately surveyed under the direction of the

Commissioner of Indian Affairs, the expenses of which survey shall be paid by the United

States.

The conditional cession in Article 3 (aupra) was released by the Muacogee Nation in the Agreement

of January 19. 1889, 25 Stat. 757.

Since the ratification of the 1889 Agreement. the bounds.ries of the Muscogee Nation have not been

altered nor diminiahed by an Act of Congress. nor has any federal statute aboliahcd said boundaries.

nor has any federal statute terminated the tribal government of this tribe, nor has any tract of land

been severed from the reservation by Act of Congress.

ENACTED by the Muacogee (Creek) National Council on this 19th day of December. 1992.

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

hereto attached his signsture.

Clarence Cloud. Spcsker

National Council

Muscogee (Creek) Nation

GER11FICATION

1. the undersigned. certify that the foregoing is * true extract from the minutes of the Muscogee

(Creek) National Council, comprised of thirty-one membert with 30 members attending this meeting

on the 19th day of December, 1992, and that the above is its conformity with the provisions therein

adopted by a vote of 28 in favor, 1 against. 0 abarentiont, and that said ordinance has not been

rescinded or amended in arty way and the above ii the signature of the Speaker of the National

Council.

Lisa K. Deere, Recording Secretary

National Council

Muscogee (Creek) Nation

APPROVAL

I. the Principal Chief of the Muacogec (Creek) Nation, hereby affix my signature this ~

day of ~. 1992, to the above Ordinance. NCA92-162, authorizing it to become an

Ordinance under Article VI. Section VI of the Constitution of the Muscogee (Creek) Nation.

Bi I S. Fife, Pri~cipaJ Chief

Muscogec (Creek) Nation

23
AN ORDINANCE OP THE MUSCOGEE (CREEK) NATION ENACTING TECHNICAL

AMENDMENTS TO NCA92162 REGULATING PUBUC GAMING WITHIN 11-12

MUSCOGEE (CREEK) NATION

Section 100. Be Ic enacted by the Muscooee (Creek) Nation itt Council assembled

TITLE I.- GENERAL PROVISIONS

Section 101. FINDINGS The National Council linda than

A. NCA-92-l62. an ordinance of the Muteogee (Creek) Nation tegulating

Public Gaming within the Muacogee (Creek) Nation was enacted by the

Muacogee (Creek) National Council on the 19th dayof December 1992. and

approved by the Principal Chief on the 23rd day of December 1992. in

conformance with Areide VI. Section VI of the Constitution of the Muscogee

(Creek) Nation and ia duly enacted law.

B. Certain technial amendments ate requited and were omitted in the enacting

of the aforementioncd ordinance through scriveners etror and the Narional

Council deairea to make theae corrections to conform NCA92-162 with its

veraion as approved by Natidnal Council Committee.

Section102. Short Title. Thia ordinance ahall be known and may be cited as the

-

Tecisnial Amendments ro the Museogee Nation Public Gaming

Code.

TITLE II. - TECHNICAL AMENDMENTS

Section 201. NCA92-162. Section 411 ia hereby amended to insert rIte word

bingo to that Section 411 ahall read as follows: Every bingo prize

awatded during the operation authorized shall be awarded only to the

person(s) actually winning the prize and displaying the proper

admiation ticket.

Section 301. NCA92-162, Tide X shall be amended to subatirssrr the word

policies for politic.? in the reading of the title so the title shall

read as follows: TITLE X. TRIBAL POLICIES ON GAMING

ACTIVITIES.

Section 401. NCA-92-162. Section lOll, shall be amended tn add tIre words

member? of the Gaming Operations Authority Board and the word

Ganiing to that section shall read as followa: The Principal Chief

it authorized to apply to the National Indian Gaming Commission

for a -certifleare of Self-Regulation, and to supply all requested information and appear at any hearings on said eerttflcate

accompanied by the Commisainner of Public Gaming. members of the

Gaming Opersrinns Authority Board, and the Speaker of the National

Council or the Speakera designee.

ENACTED by the Muscogre (Creek) National Council on this 5th day of January. 1993.

2.

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IN WIT&ESS WHEREOF, the Praiing Oill&?ofek.~uaciigEk(Creeie) Nieional Council has

hereroaeeached his signature. -

Claren& Qoud, Spealeen

~. National Counell

c Muaco~(C~ Nation

~RTIPICA11ON

1, the sittdernigned.cer~ tIt~ the fo (r~gu~aeetse~ena front the nt~nueea of the Muacogee

(Cr~ek) National Council. câknptised o(thirey.oneniemlseen with 2? members attending this meeting

-.onthe-Sth day of January. 19~3,aitd thai ilte aboh&is in ~nformiey.with the provisions therein

adopted by a vote of 25 -in fav~r0 ajirnC 0 abstentions; and-deer aid ordinance has not been

rescinded or amended in airy way and the above fr the iignsnsredf tht Speaker of the National

Council.. :: .

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.:?.. Lisa K. ft. Recording Secretary

-. NaHotIal Council

.~ -~ eo~ (Cre~ Nation

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AFPROVAL~ :

.I.the~Qthj~JpiI Chic! of else Muirogee (Creele) Nasiosi, hereby aWls inysignanare this ______

;. day of ...4 &-.-,ru.-,jqc-l993 m die above Ordlnan&, NCA93.02, suthorising it en become an

9t4j~s~e under dc VI;Seamon,V1 of thçConaeinatinn of the Muaeogoe (Creek) Nation.

:

Muscogee (Creak) Nation

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NCA9S-02

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NCA 8984

AN ORDINANCE OF TUE MUSCOGEE (CREEK) NATION - CANING OPERATIONS

AUTHORITY BOARD ACT OF 1989

Section 100.

Section 101.

Section 102.

Be it enacted by the Muscogee Nation in Council

Assembled:

creation Purpose There is herc.by created

within the Government structure of the Muscogee

(Creek) Nation a Gaining Operations Authority for

the purpose of providing a policymaking entity

with the authority, responsibility, and

accountability of overseeing the operations of all

gaming activities licensed by, and/or under the

jurisdiction of the Muscogee (Creek) Nation, with

the exception of community gaining operati6ns.

Board Composition

A. The Gaining Operations Authority Board shall

be composed of three (3) persons, One (1)

member appointed by the Principal Chief to

serve a one (1) year term in office, One (1) member appointed by the Speaker of the

National Council to serve a two (2) year term

of office and one citizen of the Muscogee

(Creek) Nation shall be nominated by the

Principal Chief and confirmed by the National

Council to serve a three (3) year term of

office.

Section 103.

B. Any member of the Board may be removed for

cause by a majority vote of the National

Council after due process has been granted.

C. In the event the position of the Board member

nominated by the Principal Chief and

confirmed by the National Council becomes

vacant, the Principal Chief is hereby

authorized to commission a tribal citizen to

fill that position, however, that commission

shall expire at the next meeting of the

National Council, and, the person

commissioned shall have no vote in meetings of the Board, until confirmed by Ordinance.

Authority and Responsibility

A. The Gaming Operations Authority Board is

hereby assigned the responsibility of

overseeing the operations of all gaming

activities licensed by and/or under the

jurisdiction of the Muscogee (Creek) Nation, and is hereby granted the following authority and detailed responsibility with the

exception of community gaming operations.

(1) The Board is hereby authorized to employ

managers for any gaming operation

.licensed by, and/or under the

jurisdiction of the Muscogee (Creek)

Nation with the exception of community

gaming operations.
(2) Adopt operational policies to ensure the

business operates at high standards.

(3) Develop Board bylaws for approval by

the National Council within 90 days.

Section 104. Accountability

A. The Board shall provide a monthly narrative

and financial report to the National Council

and the Principal Chief.

B. The Board shall establish an internal

auditing system of operations.

C. The Board shall record and maintain a

verbatim copy of all minutes of the Board.

Section 105. Technical Support

A. The Gaming Commissioner and staff shall

provide technical support and assistance to

the Gaming Operations Authority Board.

Section 106. Limitations

A. The Gaming Operations Authority Board shall

not contract for the management of any gaming

operation licensed by, and/or under the

jurisdiction of the Muscogee (Creek) Nation

without the approval of the National Council.

Section 107. The Gaming Operations Authority Board is hereby

authorized to employ a secretary whD shall be

compensated at the same rate as members of the

Board.

Section 108. Compensation

Individual Board members and the secretary of the

Board shall be compensated at a rate of Fifty

($50.00) Dollars per meeting, plus mileage at the

same rate established for the Muscogee (Creek)

National Council.

Section 200. Be it further epacted by the Muscogee Nation in

Council Assembled

Section 201. Findings The National Council finds that:

A. The Creek Nation entered into a Management

Agreement on March 19, 1984 with Indian

Country U.S.A., Inc. to manage, administer

and operate the Creek Nations Tulsa Bingo

operation for a period of twelve (12) years.

B. Indian Country U.S.A., Inc. entered into a

contract with MLL (U.S.A.), Inc. (MECCA) on

April 4, 1989, for purposes of MECCA assuming the majority of Indian Country U.S.A., Inc.

interest, responsibilities and duties

concerning the operation of the Tulsa Bingo

facilit~y.

C. The contract between Indian Country, U.S.A.,

Inc. and MECCA was entered into without the

knowledge and consent of the Muscogee (Creek)

Nation.
D. The Creek Nation Office of Justice has as

serted the opinion that Indian Country

U.S.A., Inc. has violated the Management

Agreement between itself and the Creek

Nation, by subcontracting its

obligations/responsibilities to MECCA.

E. Indian Country U.S.A., Inc. has further

violated the Management Agreement, Section 14

(Indemnification of Tribe by the Manager)

reference the Michael Beaver case (taking

expense of settlement as operational cost).

F. Pursuant to the above, the Muscogee (Creek)

Nation believes Indian Country U.S.A., Inc.

is in violation of its Management Agreement

with the Muscogee (Creek) Nation and the

contractual relationship between the Muscogee

(Creek) Nation and Indian Country U.S.A.,

Inc. is unconditionally destroyed and

incapable of maintaining.

Section 202. The Gaming Commissioner is hereby directed and

authorized to:

A. Suspend the license of Indian Country U.S.A.,

Inc. for violation of the Management

Agreement between the Muscogee (Creek) Nation

and Indian Country U.S.A., Inc., pursuant to

NCA 8404, Section 203 B(S).

B. Direct the Creek Nation Office of Justice to

petition the Court of the Muscogee (Creek)

Nation to have the Management Agreement

between the Muscogee (Creek) Nation and

Indian Country U.S.A., Inc. declered null and

void due to violation of Management

Agreement.

C. Direct the Creek Nation Office of Justice to

petition the Court of the Muscogee (Creek)

Nation to issue a Restraining Order against

Indian Country, U.S.A. and MECCA, barring

their representatives from entering or

conducting business upon any tribal land.

D. The Commissioner of Gaming shall recommend:

1. An existing member of present Creek

Nations Tulsa facility management team

be selected (by the Gaming Operations

Authority Board) to serve as Interim

Manager of the facility during the

period of transition.

2. A separate interest bearing account,

titled Tulsa Creek Nation Bingo Escrow

Account, shall be established wherein

40% of the Tulsa Creek Nation Bingo

Facility net gaming profits shall be

held in escrow (including interest),

pending settlement of any litigation

which may be forthcoming, or for a

maximum period of two (2) years.

Section 203. The Principal Chief is hereby requested and

authorized to:
A. Take any steps necessary to relieve Indian

Country U.S.A., Inc. of their responsibility

as Manager of the Creek Nations Bingo

operations in Tulsa.

Section 204. The Creek Nation Office of Justice is hereby

authorized and directed to proceed with activities

to have the Management Agreement between the

Muscogee (Creek) Nation and Indian Country U.S.A.,

Inc./Indian Country U.S.A., Inc. Limited

Partnership No. 1 declared null and void in the

Court of the Muscogee (Creek) Nation; further, any

other courts of competent jurisdiction having

legal authority.

Section 205. Appropriation - Revolving Fund Account Bingo

Revepue Account

A. There is hereby appropriated $250,000 from

the Bingo Revenue Account which shall be

deposited in a revolving account earmarked

Bingo Operations Account.

B. Expenditures from the Bingo Operations

Account shall be approved by the Board or

their designee. Any person who is authorized

to expend monies shall be bonded for an

amount of one million dollars.

C. At the end of each month all monies in the

Bingo Operations Account in excess of

$250,000 shall be transferred to art account

earmarked Bingo Revenue Account which

shall be reserved for appropriation by the

National Council.

ENACTED by the Muscogee (Creek) National Council on this 28th day

of June, 1989.

IN WITNESS WHEREOF, I, the Presiding Officer of the Muscogee

(Creek) National have hereto attached my signature.

~~drs,p~ker

National Council

Muscogee Nation

CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract

from the minutes of the Muscogee (Creek) National Council,

comprised of 26 members with 19 members attending this meeting o

the 28th day of June, 1989, and the above is in conformity with

the provisi9ns therein adopted by a vote of / in Favor; .

Against; / Abstentions, and the above is th~ signature of the

Speaker of the National Council.

G

Ka~i~, R~~Lig secretary

National Council

Muscogee Nation
I 

APPROVAL

I, the Principal Chief of ~e Muscog (Creek) Nation hereby

affix my signature this ~?~t day of ~zJ ~ 1989, to the

above Ordinance, NCA 89-84, Æuthorizi,z(g it to become an Ordinance

under Article VI, Section VI of the Constitution of the Muscogee

(Creek) Nation.

Claude A. Cox, Principal Chief

Muscogee (Creek) Nation