Robert E. Prince, Esq. 

632 SW D Avenue 

Lawton, OK 73501 

Re: Approval of Amendments to the Fort Sill Apache Tribal Gaming Ordinance 

Dear Mr. Prince: 

This letter responds to your request to the National Indian Gaming Commission (NIGC) to 

review and approve the amendments to the gaming ordinance of the Fort Sill Apache Tribe of 

Oklahoma (Tribe). The most recent amendments were approved by the Tribe's Business 

Committee in Resolution No. FSABC-2003-13 on June 5,2003, and were received by the NIGC 

on June 9,2003. 

The Chairman of the NIGC approved the original Tribal gaming ordinance on September 9, 

1999. This letter constitutes approval of the enclosed amendments as contained in Resolution 

No. FSABC-2003-13 under the Indian Gaming Regulatory Act (IGRA). Approval does not 

constitute approval of sp'ecific games. In addition, the amendments are approved for gaming 

only on Indian lands, as defined in the IGRA, over which the Tribe exercises jurisdiction. 

Thank you for submitting the amendments for review and approval. The NIGC staff and I look 

work with you and the Nation to implement the IGRA. If you have 

ance, please contact Sandra Ashton at 202-632-7003. 

Enclosure 

cc: Jeff Houser, Chairman, Fort Sill Apache Tribe 

Tim Harper, Region V Director (with Enclosure) 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington. DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Portland. OR: Sacramento, CA; Phoenix, AZ; St. Paul. MN; Tulsa, OK 
FORT SILL - CHlRlCAHUA - WARM SPRINGS - APACHE TRIBE 

PHONE: (580) 588-2298 12314 * FAX: (580) 588-31 33 ROUTE 2. BOX 121 - APACHE. OKLAHOMA 73006 

RESOLUTION TO AMEND GAMING ORDINANCE 

.I9 ?&!!a 

RESOLUTION FSABC-2003- 0 

- 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA is a Federally recognized 

Indian Tribe organized under the Oklahoma Indian Welfare Act of June 26, 1936, and under its 

Tribal Constitution ratified on October 30, 1976, has full power to act for the Tribe; and 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee 

has the duty and responsibility to represent the Tribe and act on all matters that concern the 

welfare of the Tribe pursuant to Article IV and Article VII of the Constitution of the FORT SILL 

APACHE TRIBE OF OKLAHOMA; and 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee 

on October 14, 1998, approved and ratified the Tribal Gaming Ordinance; and 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal General Council on 

February 16, 1999, approved and amended the Tribal Gaming Ordinance with authorization to 

the Tribal Business Committee to amend the Gaming Ordinance as necessary and desirable; and 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee 

on August 26, 1999, amended the Tribal Gaming Ordinance; and 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee 

on March 1 1,2003, amended the Tribal Gaming Ordinance; and 

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee 

desires to again amend the Gaming Ordinance; and 

NOW, THEREFORE, BE IT RESOLVED, that the FORT SILL APACHE TRIBE OF 

OKLAHOMA Tribal Business Committee on this date approves the Amended Gaming 

Ordinance in its entirety which supersedes the Gaming Ordinances approved on October 14, 

1998, February 16, 1999, August 26, 1999, and March 1 1,2003. 

BE IT FURTHER RESOLVED, that these documents are to be interpreted in a manner that 

minimizes their imposition upon the tribal sovereignty of the FORT SILL APACHE TRIBE OF 

OKLAHOMA. 

MOUNTAIN SPIRIT DANCER 

Mountain SPI~ Dancer represents the Mountain Spml Ceremony khich is used by the Ch~ncshua and Warm Spnngs Apache. 

lt was given lo lhe Apaches by the Mountain Spinls tor biers~ng. palection. cunng and wadmg off dlseases The Ceremony 6 still used tocay. 

I 
Ch rman f 

ATTEST: 

LELAND MICHAEL DARROW 

Secretary 

CERTl FICATION 

The foregoing resolution FSABC-2003-B was adopted in a duly called meeting of the FORT 

SILL APACHE TRIBE OF OKLAHOMA Business Committee at Apache, Oklahoma, on 

YW / , 2003, by a vote of Y for and 0 against and 8 abstention, a 

quorum being present. This enactment is approved by the Chairman of the FORT SILL 

APACHE TRIBE OF OKLAHOMA under the authority of Article IV and Article VII of the 

Tribal Constitution. 

LELAND MICHAEL DARROW 

Secretary 

EXECUTED AND DELIVERED the day and the year first above written. 

FORT SILL APACHE TRIBE OF OKLAHOMA: 

By and through its delegated representatives: 

Committee Member / 
INMAN C. GOODAY, SR. 

Vice-chairman 

LELAND MICHAEL DARROW 

Committee Member 

Secretary-Treasurer Committee Member 

Approved by the Tribal Attorney on this 5 day of d a&-6 ,2003. 

2 p.-w, 

ROBERT E. PFUNCE 

Tribal Attorney 
FORT SILL APACHE TRIBE OF 0KLAH.OMA 

GAMING ORDINANCE 

Amended by The Fort Sill Apache Tribe of Oklahoma 

Business Committee on the 3 day of J u~ _F ,2003 
FORT SILL APACHE TRIBE OF OKLAHOMA GAMING 

ORDINANCE 

I. PURPOSE 

The Fort Sill Apache Tribe of Oklahoma Tribal Business Committee (hereinafter 

"Tribe"), empowered by Article IV and Article VII of the Tribal Constitution to enact 

ordinances, hereby enacts this ordinance in order to set the terms for class I1 gaming 

operations on lands over which the tribe exercises jurisdiction pursuant to applicable 

federal statutes. 

11. GAMING AUTHORIZED 

Class 11 gaming as defined in the Indian Gaming Regulatory Act, P.O. 100-447, 

25 U.S.C. Section 2703 (7) (A) ("IGRA") and by the regulations promulgated by the 

National Indian Gaming Commission at 25 C.F.R. $ 502.3 (as published in the Federal 

Register at 57 FR 12382-12393, April 9, 1992) is hereby authorized on Indian Land as 

defined in 25 CFR 502.12 

111. OWNERSHIP OF GAMING 

The Tribe shall have the sole propriety interest in and responsibility for the 

conduct of any gaming operation authorized by this ordinance. 

IV. USE OF GAMING REVENUE - 

-- A. Net revenues from Class I1 gaming shall be used only for the following - 

purposes: to fund tribal government operations and programs; provide for the 

general welfare of the Tribe and its members; promote tribal economic 

deWopment; donate to charitable organizations; or help fund operations of 

local government agencies. 

B. Net revenues mean gross revenues of the tribal gaming operation less: 

1. Amounts paid out as, or paid for, prizes, and 

2. Total gaming related operating expenses, excluding management fees. 

C. If the Tribe elects to make per capita payments to tribal members, it shall 

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

Secretary of the Interior under 25 U.S.C. $2710 (b) (3). 
V. FORT SILL APACHE GAMING COMMISSION: 

A. The Fort Sill Apache Gaming Commission is hereby established to regulate 

gaming on Fort Sill Apache Tribe Indian Land. The Commission shall consist 

of five members appointed by a majority vote of the Fort Sill Apache Tribe 

Business Committee. There shall be three Tribal members on the Commission 

and two persons who are not Tribal members. All Commission members must 

be at least 21 years of age. 

Commission membership shall include one each of the following persons: 

1. A person with management or regulatory experience within the 

private sector or a governmental agency, preferably tribal 

government; and 

2. - A person with at least ten years of accounting experience, or a person 

with a bachelor's degree in accounting or related field and at least 

five years of accounting experience. 

B. Commissioners shall serve for terms of three (3) years and may be removed 

from office prior to the end of their term only for cause and by unanimous 

vote of the remainder of the Commission or a vote the Fort Sill Apache Tribe 

Business Committee. 

C. In order to establish staggered terms, the Fort Sill Apache Business 

Committee shall appoint the first Commissioners as follows: two shall serve a 

1-year term, two shall serve a 2-year term, one shall serve a 3-year term, 

(initial terms only). After the initial term, all subsequent terms of appointment 

shall run for three years. - 

- - 

Vacancies shall be filled within 60 days by the Commission, with the approval 

of-the Fort Sill Apache Business Committee, provided, however, that a 

Commissioner whose term has expired shall hold their seat until it is filled. A 

vacancy shall be deemed to occur when a Commissioner is removed, resigns 

or upon expiration of his or her term without regard to whether the 

Commissioner seeks reappointment. When a vacancy occurs, notice of such 

vacancy shall be published and posted, for at least fifteen (15) days. The 

notice shall identify the qualifications, if any, specific to the vacancy and 

request interested parties to file a statement with the Commission reflecting 

their qualifications and interest in serving as a Commission member. Upon 

termination of the notice period, the Commission shall develop selection 

procedures which are designed to promote appointment of the most qualified 

person. 
D. Commissioners may hold other tribal positions and may engage in business 

and gamble in any gaming operation, provided, however, that they may not be 

employed in or own any interest in or gamble in a gaming operation 

authorized by this Ordinance. Additionally, immediate family members of 

commissioners may not own any interest in or gamble in a gaming operation 

authorized by this Ordinance. 

E. Commissioners shall be compensated at a rate established annually by the 

Commission, and approved by the Fort Sill Apache Business Committee. 

Commissioners shall be reimbursed for actual expenses incurred on 

Commission business, including necessary travel expenses, in a manner 

consistent with the applicable policies and procedures of the Tribe. 

F. The Commission shall adopt bylaws for the conduct of business, which shall 

include the following provisions: 

1. The Commission shall select annually from its membership a Chair, 

Vice-Chair and Executive Secretary. The Chair shall have the power 

to convene special meetings with not less than 48 hours written or 

verbal notice to members of the Commission. 

2. 'General sessions of the Commission shall be open to the public. 

3. Executive sessions of the Commission shall not be open to the 

public. The Commission may only take official action while in 

executive session on Commission personnel and licensing matters. 

4. A quorum shall consist of three members. All decisions shall be 

made by a majority vote provided, however, that no Commission 

action shall be taken by a vote of less than a majority of the fill 

Commission unless indicated otherwise in this Ordinance or the 

Bylaws. 

G. The Commission shall make quarterly reports to the Fort Sill Apache Business 

Cantnittee within 30 days of the end of each quarter. The reports shall include 

a summary of all licensing and enforcement actions. 

The Commission shall exercise all powers necessary to regulate gaming on 

Fort Sill Apache Tribe Indian Land. The Commission shall meet not less than 

once every two (2) months to hear recommendations and set policy, to hear 

reports fiom the Director, to make licensing, suitability and approval 

determinations, to conduct disciplinary hearings, to hear player dispute 

appeals, and to transact other business. The Commission shall publicize rules 

and regulations for the operation of any gaming facility and hear and resolve 

all disputes regarding any provision of the Ordinance and rules and regulations 

promulgated by the Commission. In all decisions, the Commission shall act to 

promote and ensure integrity, security, honesty, and fairness of operation and 

administration of all gaming activities. The Commission shall have the 
authority to approve, deny, limit, condition, suspend, revoke, or restrict any 

license, or assess a fine against any person or entity licensed, or required to be 

licensed, for any cause deemed reasonable. 

I. The duties of the Commission include, but are not limited to, the following: 

1. Processing all license applications, making determinations regarding 

the suitability of persons for licensing, issuing licenses to qualified 

persons, and notifying the NIGC of the issuance of such licenses as 

required by the IGRA; 

2. Denial, limitation, revocation, rescission or suspension of any license 

when deemed necessary under the provisions of this or any related 

law of the Tribe, or any applicable Federal or State law; 

9causing to be conducted background investigations on all Primary 

Management Officials, Key Employees, High Security Gaming 

Licensees, Low Security Gaming Licensees, Vendors, Commission 

employees and members of the Commission. he Commission shall 

retain applications and reports of background investigations of 

Primary Management Officials and Key Employees for no less than 

three (3) years from termination of employment. 

4. Designing, printing and making available all necessary license 

application forms and appropriate licenses; 

5. Collecting license fees imposed pursuant to this Ordinance or rule or 

regulation promulgated by the Commission; 

6. Inspecting and examining all premises, equipment and supplies where 

gaming is conducted or gaming devices or equipment are stored, sold 

or distributed; 

7. Inspecting and reviewing gaming contracts to ensure compliance with 

this Ordinance; and inspecting and reviewing records, books, and -- 

financial documents relating to the conduct of gaming to determine 

compliance by the licensee with this Ordinance and any other 

- . applicable law; 

8. Promulgating and amending such substantive and procedural 

regulations as the Commission deems necessary to carry out this 

Ordinance, but only upon thirty (30) days notice of the proposed rulemaking, which notice shall be posted at the gaming facility and the 

Tribal offices, and provided to the Fort Sill Apache Business 

Committee; 

9. The notice shall specify the purpose of the proposed regulation, the 

language of the proposed regulation, and the factors the Commission 

has considered in its determination to enact the proposed regulation, 

and an address at which the Commission shall receive comments. 

10. During the notice period the Commission shall receive comments 

regarding the proposed regulation at the Commission offices, or at a 

designated mailing address. 
11. The Commission shall consider comments received by it at an open 

public meeting. The Commission shall make a final determination 

regarding the need for the proposed regulation, the language of the 

proposed regulation, and the effective date of the proposed regulation 

on the basis of the information available to the Commission. 

12. A final detemination to enact a proposed regulation may be 

appealed to the Fort Sill Apache Tribe Business Committee. 

13. Consulting with the Tribal Attorney on legal questions, appeals and 

rulemaking; 

14. Imposing civil penaIties or other sanctions including seizure of 

property, after a hearing as provided by this Ordinance; 

15. Excluding individuals fiom the gaming facility due to his or her 

criminal acts, criminal history or association with career offenders or 

career offender organizations (as defined by the Commission) which 

may pose a threat to the security and integrity of the gaming 

this Ordinance in any court of law or before any federal 

@rG'king Commission shall propose an annual budget for the 

commissions operations pursuant to the provisions of this ordinance, 

,including salaries, expenses, and all of the related costs of the 

Gaming Commission members, attorney's and any employees or 

agents thereof, reasonably necessary to the activities of the 

Commission in carrying out the duties of the Commission under this 

Ordinance, or any rules andlor regulations promulgated in support 

ohereof- 18. Take testimony and, conduct hearings on regulatory matters, 

including matters related to the revocation of primary management 

officials and key employee licenses. - - 3 Conduct investigations of possible violations and take appropriate - 

enforcement action with respect to gaming ordinances and 

- -uregulations. 

20. Establish or approve minimum internal control standards or 

procedures for the gaming operation, including the operation's credit 

,... . policies and procedures for acquiring supplies and equipment. '\d Establish any supplementary criteria for the licensing of Primary 

Management Officials, Key Employees, and other employees that the 

n Commission deems necessary. 

u\&Establish standards for and issue licenses to persons and entities who 

deal with the gaming operation such as manufacturers and suppliers 

of machines, equipment and supplies. 

(>\Maintain records on licensees and on persons denied licenses 

'4 including persons otherwise prohibited from engaping in gaming 

activities within the Commissions jurisdiction. 
@Establish or approve rules of various games, and inspect games, 

tables, equipment, machines, cards, dice, and chips or tokens used in 

the gaming operations. Establish or approve video surveillance 

standards. Establish standardslcriteria for gaming machines and 

faditate the testing of machines for compliance. 

A Commissioner's seat shall be immediately vacant upon conviction of any 

felony, conviction of any misdemeanor related to illegal gambling or bribery, 

or upon having three (3) consecutive unexcused absences from Commission 

meetings. Cause for removal of a Commissioner shall include but not be 

limited to: excessive use of intoxicants which impairs performance of duties, 

use of a tribal position for personal gain, failure to perform Commission duties 

adequately or according to this Ordinance, violation of any law of the Fort Sill 

Apache Tribe and bringing discredit or disgrace to the Commission or the 

Tribe. 

K. The Commission may organize itself into divisions as it deems necessary. The 

Commission shall establish its own budget for operations, including a budget 

for the Director, and acquire such furnishings, equipment, supplies, books, and 

other things as it may deem necessary or desirable in carrying out its 

functions,'and incur such other expenses, within the limit of funds available to 

it, as it may deem necessary. Within the limits of its approved budget, the 

Commission shall employ and fix the salaries of, or contract for, the services 

of such personnel and consultants as the execution of its duties requires. The 

annual Commission budget shall be published with the Tribe's Annual Budget. 

L. The Commission and the Director shall maintain files and records as they 

deem desirable and all such records are open to Fort Sill Apache Business 

Committee inspection as the Business Committee deems appropriate, unless - 

- - 

otherwise restricted by Tribal, state or federal law. Files and records shall not 

be removed from the Commission offices. 

-. 

VI. GAMING COMMISSION DIRECTOR: 

A. The Commission shall hire a Director, with the approval of the Fort Sill 

Apache Business Committee, who shall be responsible for the day-to-day 

monitoring of gaming activities, including the implementation and 

enforcement of the rules and regulations promulgated by the Commission. No 

one convicted of a felony of any kind or a misdemeanor related to illegal 

gambling or bribery may serve as Director. The Director shall not have any 

financial interest in any gambling by any gaming facility patron. 

B. The Director shall be terminated automatically and immediately upon the 

Director's conviction in a federal or state court of competent jurisdiction for 

any felony or for any misdemeanor related to illegal gambling or bribery. If the 
Director is determined to have violated any part of this Ordinance, or has 

behaved in a manner that the Commission fmds relates to the Director's 

honesty or ability to fulfill his duties, he shall be immediately terminated. 

The Director shall, subject to the approval of the Commission, perform all 

duties, exercise all powers, assume and discharge all responsibilities, and cany 

out and effect all purposes of this Ordinance related to the establishment of all 

gaming activity. In all decisions, the Director shall act to promote and ensure 

integrity, security, honesty, and fairness of the operation and administration of 

all gaming activity. The duties of the Director include, but are not limited to, 

the following: 

1. Confirm that management is carrying out its responsibility as 

provided for in this Ordinance; 

2. Communicate with the NIGC and other regulatory and law 

enforcement agencies as necessary and appropriate to ensure 

compliance with the rules and regulations of that agency; 

3. Ensure there is an adequate system for background investigations of 

applicants and licensees and that oversight of licensees is conducted 

on an ongoing basis. The Director will ensure that all applications 

.and background investigations are completed so that no person shall 

be eligible for licensure or employment in or with any part of the 

gaming operation if that person's prior activities, criminal record, if 

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

interest or to the effective regulation of gaming, or create or enhance 

the dangers of unsuitable, unfair, or illegal practices and methods 

and activities in the conduct of gaming. The Director shall ensure 

that the NIGC is given results of such background checks, if required 

by NIGC; -- - 

4. Review all records, documents, and anything else necessary and 

pertinent to enforcement of any provisions of this Ordinance; 

- 3. Recommend to the Commission whether sanctions should be 

imposed on any person subject to the jurisdiction of this Ordinance. 

6. Monitor gaming activities to ensure compliance with all garning laws 

and regulations. 

VII. AUDIT 

- 

r \ i 4 The Tribe shall cause to be conducted annually an independent audit of 

'' gaming operations by a certified public accountant and shall submit the -. 

resulting audit reporc'and management letters within 120 days after the end of 

each fiscal year of the gaming operation to the National Indian Gaming 

Commission and to the Business Committee. The auditor shall have 

unrestricted access to all areas of the gaming operation including all books 

and records of the gaming operation and the Audit shall comply with all 

Pane 5l 
minimum internal control standards and shall be prepared in accordance with 

generally accepted accounting principles and shall be conducted in accordance 

with general accounting auditing standards. 

The Tribe shall reconcile its quarterly fee assessment reports, submitted under 

25 CFR part 514, with its audited financial statements and make available 

such reconciliation upon request by the Commission's authorized 

representative. 

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

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

professional legal and accounting services, shall be specifically included 

within the scope of the audit that is described in subsection A. above. 

The Service Agent for the Tribe for any official determination, order, or notice 

of violation or any complaint or disagreement shall be the Chairperson of the 

Tribe and addressed as follows: Chairperson, Fort Sill Apache Tribe of 

Oklahoma, Route 2, Box 121, Apache, Oklahoma 73006. 

VIII. PROTECTION OF THE ENVIRONMENTAND PUBLIC HEALTH AND 

SAFETY 

Class I1 gaming facilities shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and safety. 

- 

LICENSES FOR KEY EMPLOYEES AND PRIMARY MANAGEMENT 

-. 

The Commission 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 I1 gaming enterprise operated on Indian lands; mribe wi1I 

perform background investigations e licenses according to requirements at lea$ 

- as stringent a? contained in 25 CFR 556 and 558. --- 

A. Definitions 

The following words and phrases when used in this Ordinance shall have the 

meanings respectively ascribed to them in this section: 

a. "Tribe" shall mean the Fort Sill Apache Tribe of Oklahoma, a federally 

recognized Tribe under the Oklahoma Indian Welfare Act. 

Paoe 9 
b. "General Council" shall mean the governing body of the Tribe. 

c. "~usiness Committee" shall mean the executive body of the Tribe with 

specific authority to decide and cany out the aims of this ordinance and 

the Tribe's General Council. 

d. "Compact" shall mean an agreement or other instrument concerning the 

operation of games of chance, entered into or approved, pursuant to 

Section 2710(d)(l)(c) of the Indian Gaming Regulatory Act of 1998, 

between the Tribe and the State of Oklahoma, or as may otherwise be 

approved by the Secretary. 

e. "Gambling equipment" shall mean any and all goods, materials, machines 

or devices used to conduct gaming activities by the Tribe. 

f. "Gaming" shall mean the act of paying (wagering) for the opportunity to 

participate in a game or games of chance (risk) for a prize of money or 

something of value; to operate, carry on, conduct, maintain, or expose for 

play, money, property, or any representative of value 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 for solely for consumable goods, 

i.e., foodstuffs or games played in private homes or residences for prizes 

or games operated by charitable and educational organizations which are 

approved by the Council. 

g. "Gaming enterprise" shall mean any commercial business owned by the 

Tribe and operated, in part or in whole, for the conduct of Class I1 or Class 

111 gaming as delineated by the Indian Gaming Regulatory Act of 1988, 25 

USC sec. 2701, et.seq. andlor by virtue of the Tribes exercise of its 

governmental powers and authority as a sovereign nation. 

h. "General Manager" shall mean a person, organization or entity that 

conducts the management of gaming at a Tribal gaming enterprise; 

including an entity entering into a management contract with the Tribe or 

the Tribe itself including any subdivision thereof. - - 

i. "Gaming test laboratory" shall mean a laboratory designated as competent 

and qualified to conduct scientific tests and evaluations of games of 

chance and related equipment; andlor a laboratory operated by or under -. 

contract with the States of Minnesota, Nevada, New Jersey, Connecticut, 

Colorado, California, or South Dakota. 

j. "Indian Gaming Regulatory Act of 1988" shall mean the Act of the United 

States Congress adopted on October 17, 1988, as Public Law 100-597, 102 

Stat. 2467, codified at 25 U.S.C. sec. 2701 et. seq. 

k. "Key Employee" means: 

1. A person who performs one or more of the following hnctions: 

a. Bingo caller; 

b. Counting room supervisor 

c. Chief of security; 

d. Custodian of garning supplies or cash; 

e. Floor manager 

Page 10 .-. 
f. Pit boss 

g. Dealer 

h. Croupier; 

i. Approver of credit; or 

Custodian of gambling devises including persons with access 

to cash and accounting records within such devices; 

2. If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000.00 per year; or 

3. If not otherwise included, the four most highly compensated persons 

in the gaming operation. 

I. "License" shall mean the permission by authority of the Tribe to do any 

act, which without such permission, shall be illegal. License, with respect 

to real property of the Tribe, is a privilege to go on the premises for a 

certain purpose, but does not operate to confer on, vest in, or license any 

title, interest, or estate in such property. 

m. "Licensee" shall mean any person, entity or organization granted a license 

pursuant to the provisions of this Ordinance. 

n. "Primary Management Official" means: 

1. The person having management responsibility for a management 

contract; 

2. . Any person who has authority: 

a. To hire and fire employees; or 

b. To set up working policy for the gaming operation; 

3. The chief financial officer or other person who has financial 

management responsibility. 

o. "Other compact" shall mean such agreements as may in the future be 

entered into between the Tribe and the State of Oklahoma, Arizona, and 

New Mexico or any other state, governing Class 111 gaming, as that term is 

defined by the Indian Gaming Regulatory Act of 1988, codified at 25 -- U.S.C. sec 2703 (8). 

p. "shall" as used in this ordinance imposes an obligation to act. 

q. -Class I1 gaming as defined by 25 CFR 502.3 means: 

1. Bingo or lotto (whether or not electronic, computer, or other 

technologic aids are used) when players: 

a. Play for prizes with cards bearing numbers or other 

designations; 

b. Cover numbers or designations when object, similarly 

numbered or designated, are drawn or eIectronicalIy 

determined; and 

c. Win the game by being the first person to cover a 

designated pattern on such cards; 

2. If played in the same location as bingo or lotto, pull-tabs, punch 

boards, tip jars, instant bingo and other games similar to bingo; - 
3. Nonbanking card games that: 

a. State law explicitly authorizes, or does not explicitly 

prohibit, and are played legally anywhere in the state; and 

b. Players play in conformity with state laws and 

regulations concerning hours, periods of operation, and 

limitations on wagers and pot sizes 

r. Class III gaming as defined by 25 CFR 502.4 means all forms of gaming 

that are not Class I1 gaming, including but not limited to: 

1. Any house banking game, including but not limited to: 

a. Card games such as baccarat, chemin de fer, blackjack 

(2 l), and pai gow (if played as house banking games); 

b. Casino games such as roulette, craps, and keno; 

2. Any slot machines as defined in 1 5 U.S.C. 1 17 1 (a)(]) and 

electronic or electromechanical facsimiles of any game of chance; 

3. Any sports betting and parimutuel wagering including but not 

limited to wagering on horse racing, dog racing or jai alai; 

4. Lotteries. 

s. "Gaming Commission" shall mean the Fort Sill Apache Gaming 

Commission. 

B. Application Forms 

I. The following notice shall be placed on the application form for a key 

employee or a primary management official before that form is filled 

out by an applicant: 

In compliance with the Privacy Act of 1974, the following information 

is provided: Solicitation of the information on this form is authorized - - 

by 25 U.S.C. 270 1 et seq. The purpose of the requested information is 

to determine the eligibility of individuals to be employed in a gaming 

- . operation. The information will be used by National Indian Gaming 

Commission members and staff who have need for the information in 

the performance of their official duties. The information may be 

disclosed to appropriate Federal, Tribal, State, local, or foreign law 

enforcement and regulatory agencies when relevant to civil, criminal, 

or regulatory investigations or prosecutions or when pursuant to a 

requirement by a tribe or the National Indian Gaming Commission in 

connection with hiring or firing of an employee, the issuance or 

revocation of a gaming license, or investigations of activities while 

associated with a tribe or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's being unable ' 

to hire you in a primary management official or key employee position. 

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

your application. 

2. Existing key employees and primary management officials shall be 

notified in writing that they shall either: 

(a) Complete a new application form that contains a Privacy Act 

notice; or 

(b) Sign a statement that contains the Privacy Act notice and 

consent to the routine uses described in that notice. 

3. The following notice shall be placed on the application form for a key 

employee or a primary official before that form is filled out by an 

applicant. 

A false statement on any part of your application may be grounds 

for not hiring you, or for firing you after you begin work. Also, 

you may be punished by fine or imprisonment. 

(U.S. Code, Title 18, Section 100 1) 

4. The Commission shall notify, in writing existing key employees and 

primary management officials that they shall either: 

(a) Complete a new application form that contains a notice 

regarding false statements; or 

(b) Sign a statement that contains the notice regarding false -- 

- statements. 

C. Baskground Investigations 

1. The Commission shall request from each primary management official 

and from each key employee all of the following information: 

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

nurnber(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 interest in those 

businesses, business and residence addresses, and drivers 

license numbers; 
(c) The names and current addresses of at least three personal 

references, including one -personal reference who was 

acquainted with the applicant during each period of residence 

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

(d) Current business and residence telephone numbers; 

(e) A description of any existing and previous business 

relationships with the Indian tribes, including ownership 

interest in those businesses; 

(f) A description of any existing and previous business 

relationships with the gaming industry generally, including 

ownership interests in those businesses; 

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

with which the person has filed an application for a license or 

permit related to gaming, whether or not such license or permit 

was granted; 

(h) For each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address or the court 

involved, and the date and disposition if any; 

(i) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within ten (1 0) 

. years of the date of the application, the name and address of the 

court involved and the date and disposition; 

- 

- 

6) For each criminal charge (excluding minor traffic charges), 

whether or not there is a conviction, if such criminal charge is 

-. within ten (10) years of the date of the application and is not 

otherwise listed pursuant to paragraph (1) (h) or (1) (i) of this 

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

involved and the date and disposition; 

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

with which the person has filed an application for an 

occupational license or permit, whether or not such license or 

permit was granted; 

(1) A current photograph; 

(m) Any other information the Commission deems relevant; and 
@Fingerprints consistent with procedures adopted by the 

Commission according to 25- C.F.R. 9 522.2 01). Fingerprints 

of all Employees and Primary Management Officials shall be 

taken by the Fort Sill Apache Tribe of Oklahoma Police 

Department, the Comanche County Sheriffs office, the Lawton 

Police Department, or the BIA Police Department in Anadarko, 

and the Tribal Gaming Commission shall thereafter 

immediately submit such fingerprint cards to the National 

Indian Gaming Commission for processing. The Gaming 

Commission shall have the Fort Sill Apache Tribe of 

Oklahoma Police Department, the Comanche County Sheriffs 

Office, the Lawton Police Department, or the BIA Police 

Department in Anadarko conduct a criminal history check to 

include a check of records information maintained by the 

Federal Bureau of Investigation, and the results of such 

information shall be returned to the Gaming Commission. 

2. The Commission shall conduct a$ackzround investigation sufficient 

to make a determination under subsection D. below that the 

information provided by the prospective employee or Primary 

Management Official is correct and accuraL to include interviewing a 

sufficient number of references and knowledgeable individuals and 

former employers of the applicant to provide a basis for the 

Commission to make a determination of suitability for employment3 

In conducting a background investigation, the Commission or its agent 

shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

If the Commission has ieceived an investigative report concerning an - - individual who another tribe wishes to employ as a Key Employee or - 

Primary Management Official and if the second tribe has access to the 

- investigative materials held by the first tribe, the second tribe may 

update the investigation and update the investigative report. 

D. Eligibility Determination 

1. The Commission shall review a person's prior activities, criminal 

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

concerning the eligibility of a key employee or primary management 

official for employment in a gaming operation, and the Commission 

shall document all potential problem areas noted and disqualifying 

information. 

2. If the Commission 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. 

3. The gaming operation shall not employ as a Key Employee or Primary 

Management Official a person who does not have a license after ninety 

(90) days. 

E. Procedures for Forwarding Applications and Reports for Key Employees 

and Primary Management Officials to the National Indian Gaming 

Commission 

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

a gaming operation authorized by this ordinance, the Commission shall 

forward to the National Indian Gaming Commission a completed 

application 

listed in 25 

for 

CFR 

employment that 

~ectipns-556.2, 

co~ains 

gntided.-.Privacy 

the.

Natic-e;Xfj&- .. . 

entitled F'alse statement'; . and - -- .556.,4,.entitled Background Investigation, 

and conduct the background investigation and make the determination 

referred to in subsection D of this section. 

2. The Commission shall forward the report referred to in subsection F of 

this section to the National Indian Gaming Commission within sixty 

(60) days after an employee begins work or within sixty (60) days of 

the approval of this ordinance by the Chairman of the National Indian 

Gaming Commission. 

F. Report to the National Indian Gaming Commission 

I. Pursuant to the procedures set out in subsection E of this section, the 

- . Commission shall prepare and forward to the National lndian gaming 

Commission an investigative report on each background investigation. 

An investigative report shall include all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 

c. Conclusions reached; and 

d. The basis for those conclusions. 

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

determination made under subsection D of this section. 

3. If a license is not issued to an applicant, the Commission: 
a. Shall notify the National Indian Gaming Commission; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the National Indian gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to key employees and primary management officials, the 

Commission shall retain applications for employment and reports (if 

any) of background investigations for inspection by the Chairman of 

the National Indian Gaming Commission or his or her designee for no 

less than three (3) years from the date of termination of employment. 

G. Granting a Gaming License 

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

Commission receives a report, the National Indian gaming 

Commission notifies the Commission that it has no objection to the 

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

employee or a primary management official for whom the Commission 

has provided an application and investigative report to the National 

Indian Gaming Commission, the Commission may issue a license to 

such applicant. 

2. The Commission shall respond to a request for additional information 

from the Chairman of the National Indian Gaming Commission 

concerning a key employee or a primary management official who is 

the subject of a report. Such a request shall suspend the 30-day period - - -

under paragraph G. 1. of this section until the Chairman of the 

National Indian Gaming Commission receives the additional 

- . information. 

If, within the thirty (30) day period described above, the National 

Indian Gaming Commission provides the Commission with a 

statement itemizing objections to the issuance of a license to a key 

employee or to a primary management official for whom the 

Commission has provided an application and investigative report to 

the National Indian Gaming Commission, the Commission shall 

reconsider the application, taking into account the objections itemized 

by the National Indian Gaming Commission. The Commission shall 

make the final decision whether to issue a license to such applicant. 

H. Drug Testing 
Each Commission Member, Commission employee, Primary 

Management Official, and Gaming Licensee, upon selection or hire 

and prior to appointment or licensure, shall undergo urinalysis to test 

for drug use, the results of which may be used in appointment and 

licensing determinations. 

I. . Licensing Procedures 

Application for Distributors of Video Games of Chance and 

Gambling Devices: 

The application for any person, organization or entity wishing to 

sell, lease or otherwise distribute Class I1 gaming equipment andlor 

video games of chance to the Tribe shall contain the following 

information: 

a. the narne(s) and mailing address of the person or entity 

making the application; 

b. the names and addresses of all interested parties (including 

those with direct or indirect financial interests); 

c. the nature of the license applied for; the type of activity to 

be engaged in under the license; 

d. explicit and detailed disclosure of any criminal record, 

including any delinquent taxes or other monies owed to the 

Tribe, of the applicant, any person involved in the 

organization, and any party of interest whose name appears 

on the application; 

' e. any additional information necessary to allow the Tribe or 

the State of Oklahoma to investigate the applicant or any 

person included on the application; 

f. whether the applicant has been property licensed by the 

State of Oklahoma pursuant to Oklahoma law or any other 

federally recognized Oklahoma Tribe and proof of being 

the holder of a current and valid distributor or manufacturer 

license from the Tribe; or properly licensed and holding a 

current and valid license from either the State of New 

Jersey, Minnesota, Wisconsin, Kansas, Nevada, or South 

Dakota, or any other federally recognized tribe of Indians. 

g. Whether the applicant has ever had a distributor or 

manufacturer license revoked or suspended by any state or 

other jurisdiction that issued the license and, if so, the 

circumstances surrounding the state's action; 

h. A statement of waiver allowing the Tribe or the Tribe's 

delegated representatives to conduct a background 
investigation of the applicant and any person whose name 

is required to appear on the application; 

i. Whether the applicant or any person whose name is 

required to appear on the application maintains any 

involvement in the business of wholesale distribution of 

alcoholic beverages. 

2. Machine License: 

In addition to a distributor license provided for in Section 1, the 

person or entity with whom the Tribe enters into a lease or sales 

agreement regarding video games of chance must obtain from the 

Gaming Commission an annual non-transferable license for each 

video game of chance to be placed in a gaming enterprise operating 

under the provisions of this ordinance. An application for a license 

for a video game of chance shall contain the following information: 

a. the name and address of the applicant with proof of a 

current and valid distributor or manufacturer license issued 

by a state and the Tribe; 

b. identification numbers of codes for each video game of 

chance placed in a tribal gaming enterprise, including the 

manufacturer, the serial number and the model number; 

c. proof of approval and certification of the machine by an 

approved gaming test laboratory or proof that the video 

game of chance conforms precisely to the exact 

specifications of the video game of chance prototype tested 

and approved by the gaming test laboratory 

d. all other information as required by the Tribal-State -- 

- Compact. 

e. Proof of a current and valid video game of chance license 

issued by the Tribe pursuant to this ordinance. 

f. Upon issuance, the Gaming Commission shall have 

attached to each video game of chance licensed under the 

provisions of this ordinance, an unremovable identification 

plate on the exterior cabinet which contains the information 

required by a Tribal Compact, Ordinance, or Regulation: 

3. Classes of Licenses: 

Upon proper application and approval, the following classes of 

licenses may be issued by the Gaming Commission: 

a. Class A license for a gaming enterprise in which a gaming 

management firm or entity wishes to conduct traditional 

bingo and other simiIar class 11 games of chance at a Tribal 
gaming enterprise; the license shall be site specific, valid 

for a period of one year and shall have an application fee of 

$1,000.00 and a renewal fee of $100.00 per year. 

b. Class B license for a gaming enterprise in which a 

gaming management firm or entity wishes to conduct 

video games of chance or other Class I11 gaming 

subject to a Tribal Compact Ordinance or at a Tribal 

gaming enterprise; the license shall be site specific, 

valid for a period of one year and shall have an 

application fee of $2,500.00 and a renewal fee of 

$250.00 

c. Class C license to any Primary Management official or Key 

Employee thercof who wishes to be licensed for 

employment in conducting games of chance or other 

gaming subject to other compacts at a Tribal gaming 

enterprise; the license shall be site specific, valid for a 

period of one year and shall have an application fee of 

$200.00 and a renewal fee of $20.00. 

d. Class D license to any distributor or manufacturer of Class 

I11 gambling equipment andlor video games of chance to be 

used in a Class I11 Tribal gaming enterprise; the license 

shall be valid for a period of one year and shall have an 

application fee of $200.00 and a renewal of $20.00. 

e. Class E license for each video game of chance to be used in 

a Tribal gaming enterprise; the license shall be valid for a 

period of one year and shall have the fee of $25.00 per 

machine. ,. 

4. It shall be unlawful for any applicant to lie or willfully deceive in the - - -

submission of a license application. 

5. Any existing gaming enterprise known shall be automatically licensed 

with the adoption of this Ordinance; such gaming enterprise is issued 

a Class I and Class 11 license with a waiver of any application fee; 

such licenses shall be renewed each year with a waiver of any fee 

until otherwise provided by Gaming Commission decision or 

amendment to this Ordinance. 

6. License Renewal: 

Every licensee intending to continue engaging in public gaming 

activities within The Fort Sill Apache Tribe of Oklahoma Tribal 

Jurisdiction during the next calendar year shall apply for renewal of 
the license at least thirty (30) days prior to the expiration of the 

previous license period. 

7. Every licensed gaming operation shall display in a prominent place a 

current and valid Fort Sill Apache Tribe of Oklahoma tribal license 

for that location. 

8. Requirements to maintain license: 

a. Change in location. When a licensee changes a location of 

public gaming activities on Indian Land within the Fort Sill 

Apache Tribe of Oklahoma Tribal Jurisdiction, the Gaming 

Commission shall, after notification by the licensee of such 

changes, 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. 

b. It shall be unlawful for any licensee to fail to notify the Gaming 

Commission of any new Key Employee, new ancillary contractor, 

or new operator. The Gaming Commission shall investigate and 

provide approval or disapproval of the new Key Employee, 

contractor, or operator within (30) days. Any information received 

by the Gaming Commission shall be confidential. 

c. It shall be unlawful for any licensee to begin the employment of 

a new person or begin the performance of any new contract or 

begin the control of any new operator without the approval of the 

Gaming Commission. 

d. It shall be unlawful for any person to possess a firearm or 

dangerous weapon on the premises where licensed gaming is 

allowed, with the exemption of a licensed firearm for the 

- maintenance, of order, firearms possessed by duly authorized peace 

officers, and firearms maintained by the licensee if previously 

approved by the Gaming Commission and Tribal law Enforcement 

for protection of himself, his agents, and invitees. 

e. It shall be unlawful for a licensee to engage in pawn-brokering 

or to take goods or materials in hock or to lend money or engage in 

similar activity with indigent persons solely for-the purpose of 

enabling the indigent person to gamble. This provision is not 

intended to prohibit the extending of credit by the licensee to 

persons of means after proper application and credit checks are 

performed. 

f. A licensee is required during normal business hours, to maintain 

his premises open for inspection by the Gaming Commission or its 
agents or any other authorized government and keep its books and 

financial record open for similar inspection. 

g. Licensed gaming employees and tribal gaming managers must 

produce at a players request, losing tickets, copies of canceled 

checks or other evidence of loss acceptable to the Internal Revenue 

Service if requested by the player or contestant at the time the 

player or contestant buys a ticket or chance or otherwise enters the 

game. 

h. The Gaming Commission shall by regulation impose the 

following add~tional requirements: 

(1) A determination of whether and in what manner rules of 

play must be posted for each type of licensed gaining; 

(2) The maximum prize, pot or bet limit, if any, that shall be 

offered in any type of gaming; 

(3) Rules for the particular conduct of any type of licensed 

gaming should the Gaming Commission deem that such rules 

are necessary for the proper conduct of gaming; 

(4) Any other replation controlling licensed gaming which is 

deemed necessary by the Gaming Commission. 

9. Fees: 

Each application for an initial or renewal license shall be 

accompanied by payment of the license fee. The Gaming 

Commission's determination of the license fee properly owed under 

this Ordinance shall be final. This fee is imposed for the revocable 

privilege of being licensed to engage in public gaming activities 

within the jurisdiction of the Tribe. 

- 10. Non Transferability: 

The license issued pursuant to the provisions of this ordinance is valid 

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

shown on the face thereof. It is not assignable or otherwise 

transferable to any other person or organization or for any other 

location without the written approval of the Gaming Commission. 

1 1. Payment of License Fees: 

All license fees collected under authority of the Tribal Gaming 

Commission shall be paid to the Tax Commission of the Tribes. 
12. License is a Revocable Privilege: 

The public gaming operations license is a revocable privilege, no 

holder thereof shall be deemed to have an interest in any vested 

rights therein or thereunder. The burden of proving qualifications to 

hold any license rests at all times in the licensee. The Gaming 

Commission is charged by law with the duty of continually 

observing the conduct of all licenses to the end that licenses shall not 

be held by unqualified or disqualified persons or unsuitable person or 

persons whose operations are conducted in an unsuitable manner. 

13. Violations: 

Violations of any provision of this Ordinance or any of the Gaming 

Commission Regulations by a licensee, his agent, or employee shall: 

(a) be deemed contrary to the public health, safety, morals, good 

order, and general welfare of the Tribe and its members; 

(b) be grounds for refusing to grant or renew a license, or for 

suspension or revocation of a licensee, 

(c) be grounds for the filing of criminal charges andfor a civil 

action in a court of competent jurisdiction on behalf of the Gaming 

Commission; and 

(d) be grounds for immediate revocation of license in the case of a 

license being convicted of a felony. 

Acceptance of a license or renewal thereof or condition imposed thereon 

by a licensee constitutes agreement on the part of the licensee to be - 

- 

- 

bound by all the regulations andlor conditions of the Gaming 

Commission and by the provisions of this ordinance as the same are now - 

.or may hereafter by amended or promulgated. It is the responsibility of 

the licensee to keep himherself informed of the contents of all such 

regulations, provisions and conditions, and ignorance thereof will not 

excuse the violations. 

J. License Suspension 

1. If, after the issuance of a gaming license, the Fort Sill Apache Gaming 

Commission receives from the National Indian Gaming Commission 

reliable information indicating that a key employee or a primary 

management official is not eligible for employment under subsection 

D. above, the Fort Sill Gaming Commission shall suspend such license 
and shall notify in writing the licensee of the suspension and the 

proposed revocation. 

2. The Fort Sill Apache Gaming Commission shall notifj the licensee of 

a time and a place for a hearing on the proposed revocation of a 

license. 

3. After a revocation hearing, the Gaming Commission shall decide to 

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

the National Lndian gaming Commission of its decision. 

X. Rules of General Applicability 

1. Rules of Gaming Operation: 

Each licensee operating a gaming enterprise under a license issued 

pursuant to the provisions of this Ordinance shall prominently display in 

writing all rules and regulations pertaining to all gaming activity, including 

but not limited to traditional bingo, other games of chance and video 

games of chance, near the specific location where such gaming activity is 

conducted; or shall make available a written list of all such rules and 

regulations to any person making a request for such. 

Each gaming employee and management entity licensed under the 

provisions of this ordinance shall utilize gaming rules and regulations that 

are in compliance with the laws of the tribe, the United States of 

American, and any gaming compact and specifically the Indian Gaming 

Regulatory Act of 1988. 

2. Video Games of Chance: 

- The following requirements shall apply to management and conduct of all 

video games of chance within any gaming enterprise licensed pursuant to 

the provisions of this Ordinance. 

a. Licensing or manufacturers; no gaming enterprise may own, lease or 

operate video games of chance that have been manufactured by a 

manufacturer that has not received a license from the Gaming 

Commission pursuant to the provisions of the licensing procedures of 

this ordinance. The Gaming Commission shall issue licenses only to 

manufacturers of video games of chance holding a valid license from the 

States of Minnesota, New Jersey, Nevada, South Dakota, Kansas, 

Wisconsin and Connecticut or from any other federally recognized 

Tribe. 
b. Licensing of distributors; no gaming enterprise may own, lease, or 

operate video games of chance that have been distributed by a distributor 

that has not received a license from the Gaming Commission pursuant to 

the provisions in the licensing procedures of this ordinance. The 

Gaming Commission shall issue licenses only to distributors of video 

games of chance holding a valid license from the state of Minnesota, or 

the State of New Jersey, or the State of Nevada or the State of South 

Dakota, Kansas, Wisconsin and Connecticut. 

c. Suspension, revocation, or non-renewal of manufacturer or distributor 

license in the event that the States of Minnesota, Kansas, Wisconsin, 

Connecticut, New Jersey, Nevada, or the State of South Dakota, 

suspends, revokes, or refuses to renew a license of a manufacturer or 

distributor of video games similarly licensed by the Gaming 

Commission, such action shall be grounds for similar action by the 

Gaming Commission, which shall investigate, suspend, revoke, or refuse 

to renew the license issued by the Gaming Commission to such 

manufacturer or distributor. 

d. Technical standards: testing and approval of video games of chance; 

no video games of chance may be purchased, leased or otherwise 

acquired by a gaming enterprise unless: 

1. the video game of chance is purchased, leased, or acquired from 

a manufacturer or distributor licensed to sell, lease or distribute 

video games of chance by the Gaming Commission pursuant to the 

provisions of this Ordinance; and 

2. the video game of chance, or a prototype thereof, has been 

tested, approved or certified by an approved gaming test laboratory 

as meeting all requirements and standards of any appropriate 

- . compact, ordinance, regulation, or rule on video games of-chance. 

e. Compliance of video games of chance: any gaming activity 

involving video games of chance shall be conducted in strict compliance 

with the Tribal compact, ordinances, and regulations on video games of 

chance. 

3. Restrictions for Gaming Enterprises 

Each licensee operating a gaming enterprise under a license issued 

pursuant to the provisions of this Ordinance must at all times observe the 

following restrictions on gaming activities: 
a. Minimum age for players: no person below the age of eighteen (18) years on 

the date of gaming shall be permitted to participate in the gaming in any 

gaming enterprise licensed under the provisions of this Ordinance. If any 

person below the age of eighteen (18) years plays and otherwise qualifies to 

win any prize, the prize shall not be paid, and the estimated amount wagered 

during the course of the game shall be returned to the player. 

b. Prohibition on alcohol: no gaming enterprise shall allow to be sold or 

otherwise make available any beverage containing alcohol, including but not 

limited to, beer or liquor at the gaming enterprise location without the 

specific approval of the same by the Gaming Commission with the approval 

of the Business Committee. 

c. Prohibition on Firearms: no firearms or air-guns which are capable of 

discharging dangerous projections or propellants including, but not limited 

to, "bb's" or C02 guns, rifles, shotguns, pistols or revolvers, shall be allowed 

on the premises except as permitted for security by an employed security 

force or other city, state, or federal law enforcement officers in the course of 

their official duties. 

XI. Disputes with Customers of the Gaming Operation 

The General Manager shall prescribe rules of play for each type of gaming which 

has been licensed by the Gaming Commission. Such rules of play shall be 

acceptable to the Gaming Commission and shall be posted in plain view, 

accessible and visible by all customers of the gaming operation. All games shall 

be conducted fairly and honestly by both the General Manager and customers. In 

the event of a dispute between the General Manager and any customer, the written 

rules of play shall govern. However, the General Manager shall strive to satisfy 

the customer in the resolution of any dispute. The Assistant Managers on site, 

employed by the General Manager, shall be initially responsible to attempt to - - -

resolve all such disputes. If a dispute cannot be resolved by the Assistant 

Manager, the Assistant Manager shall immediately submit a written report of the 

dispute tp the customer, the Gaming Manager and the Gaming Commission 

Director employed by the Tribe to oversee the gaming operation, who shall 

discuss the dispute with each other and with the customer. The General Manager 

shall make the final determination of the action to be taken to resolve the dispute, 

after consulting with the Gaming Commission Director. Any customer who is not 

satisfied with the decision of the General Manager may appeal the decision to the 

Gaming Commission. The determination of the Gaming Commission shall be 

final. This dispute resolution procedure shall be posted in prominent locations in 

the gaming facility. 

MI. LICENSE LOCATIONS 

The Commission shall issue a separate license to each place, facility, or location 

on Indian lands where Class I1 gaming is conducted under this ordinance. 
XIII. REPEAL 

To the extent that they are inconsistent with this ordinance, all prior gaming 

ordinances are hereby repealed. 

CERTIFICATION 

Jeff Houser, Tribal Chairman, of the Fort Sill Apache Tribe of Oklahoma, hereby certifies 

that this Gaming Ordinance is a true and exact copy as amended by the Business 

Committee at a duly called meeting held on the 5 day of June , 2003, there being 

a quorum present, by a vote of "1 for and # against and # abstentions. 

Roll Call Vote: Inman C. Gooday, Sr.; &Q/I~, Michael Darrow; @( , Benny 

Kawaykla; -3 cr Loretta Buckner; yes , Robin Isom; YC~ 

LELAND MICHAEL DARROW 

Secretary 

EXECUTED AND DELIVERED the day and the year first above written. 

FORT SILL APACHE TRIBE OF OKLAHOMA 

By and through its delegated representatives: n 

INMAN C. GOODAY, SR. 

Vice-Chairman 

\ 

ROBIN ISOM 

Committee Member 

LELAND MICHAEL DARROW 

Secretary-Treasurer Committee Member 
Approved by the Tribal Attorney on this 5 day of x~~t~~ 2003. 

,f?&.,- g f r!! :,< , - 

ROBERT E. PRINCE 

Tribal Attorney