July 29,201 1 

Via Facsimile and US. Mail 

Ronald Twohatchet, Chairman 

Kiowa Tribe of Oltlahoma 

P.O. Box 369 

Carnegie, OI< 73015 

Facsimile: (580) 654-21 88 

Dear Chairman Twohatchet: 

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

Kiowa Tribe's gaming ordinance. The amendments were enacted by Resolutions No. 

CY-2010-614 and CY-2011-57 on October 14,2010, and May 20,201 1. The 

amendments replace the prior gaming ordinance. 

We appreciate that the Tribe brought these amendments to our attention and 

provided us a copy of the updated ordinance. The Tribe's amended ordinance is 

approved as it is consistent with the requirements of the Indian Gaming Regulatory Act 

and the NIGC's regulations. If you have any questions or require assistance, please 

contact Dorinda Hanrahan, Staff Attorney, at (202) 632-7003 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW. Suite 9100, Washin*, DC 20005 Tei: 202632.7003 Fax: 202.632.7066 www.nlcc.cov 

REG~ONAL OFFICES Portland, OR: Sacramento CA: Phoenix. AZ: St. Paul, MN;Tusa, OK 
Kiowa Tribe of Oklahoma on. 

P.O. Box 369 . Carnegie, Oklahoma. 73015 L/" 

Phone: (580) 654-2300 . Fax: (580) 654-2188 5 

Kiowa Business Office 

RESOLUTION NO. CY-2010-614 

RESOLUTION OF THE KIOWA BUSINESS COMMITTEE REPEALING THE 

AMENDED AND RESTATED KIOWA GAMING ORDINANCE OF 2005, AND 

SUBSEQUENT AMENDMENTS THERETO, AND FOR OTHER PURPOSES AND 

ENACTING AND APPROVING THE KIOWA GAMING ORDINANCE OF 2010 

WHEREAS, the Kiowa lndian Tribe of Oklahoma (the "Tribe') is a sovereign nation and 

from time immemorial has been a sovereign nation; and 

WHEREAS, the Tribe is federally recognized by the Secretary of the Interior of the 

United States as having powers of self government and as being eligible 

for the special programs and services provided by the United States to 

Indians, and its sovereignty is thereby recognized by the United States, all 

as evidenced by order of the Associate Commissioner of lndian Affairs, 

dated March 13, 2070, approving the Constitution and Bylaws of the Tribe 

(the "Constitution"); and 

WHEREAS, pursuant to the Constitution and specifically pursuant to Article V, section 

2, the Tribe has delegated to its elected representatives, the Business 

Committee ("Business Committee"), the responsibility and authority to take 

all necessary action to promulgate and enforce ordinances and codes to 

protect the general welfare of the Tribe and its members; and 

WHEREAS, pursuant to Ballot Issue 94-A-5, passed on the 18'~ day of June, 1994, the 

Kiowa lndian Council authorized the Kiowa Business Committee to 

develop and enact a Gaming Ordinance to authorize, license and regulate 

Class II and Class Ill gaming on Tribal Land of the Kiowa lndian Tribe of 

Oklahoma; and 

WHEREAS, by Resolution No. CY-95-39 and CY-95-40, both dated June 26, 1995, the 

Business Committee, acting pursuant to the aforesaid delegated power, 

enacted resolutions to approve and adopt the Kiowa lndian Tribe of 

Oklahoma Gaming Ordinance of 1995 and the Kiowa lndian Tribe of 

Oklahoma Gaming Facility Bonding Ordinance of 1995 (together, as 

amended, the "lndian Gaming Ordinance"); and 

WHEREAS, as required under Federal law, the Initial Gaming Ordinance was 

approved by the Chairman of the National lndian Gaming Commission 

(the "NIGC"), as indicated by that Chairman's publication of a notice of 

approval of Class Ill tribal gaming ordinances, in Volume 61, Federal 

Register, page 31963, on Friday, June 21, 1996; and 
WHEREAS, on July 21, 2001, by Resolution No. CY-2001-045, the Business 

Committee exercised its authority, as delegated to it by the Kiowa lndian 

Council and by the Constitution, to amend, in accordance with Article XIV 

of the Initial Gaming Ordinance, in certain particulars, the Initial Gaming 

Ordinance: and 

WHEREAS, by letter dated September 7, 2001, the NlGC granted its approval of the 

amendment to the Initial Gaming Ordinance; and 

WHEREAS, pursuant to Federal law, on September 8, 2005, the Chairman of the 

NlGC approved the Amended and Restated Gaming Ordinance of 2005; 

and 

WHEREAS, it has come to the attention of the Kiowa Business Committee that the 

Amended and Restated Kiowa Gaming Ordinance of 2005 together with 

all amendments thereto, has resulted in confusion regarding the allocation 

of authority between the Kiowa Tribe of Oklahoma, the Kiowa Business 

Committee, the Kiowa Casino Operations Authority, and the Kiowa 

Gaming Commission and that it would be in the best interest of the Kiowa 

Tribe of Oklahoma ("the Tribe") to repeal the Amended and Restated 

Kiowa Gaming Ordinance of 2005, and all subsequent amendments; and 

WHEREAS, the Kiowa Business Committee believes that it would be in the best 

interest of the Tribe to enact the Kiowa Gaming Ordinance of 2010 to 

govern all gaming in Kiowa Tribal Territory and at all gaming facilities 

situate thereon. 

NOW, THEREFORE IT BE AND IT IS HEREBY RESOLVED that the Amended and 

Restated Kiowa Gaming Ordinance of 2005, and all subsequent amendments thereto 

are hereby repealed. 

AND BE IT FURTHER RESOLVED, that the Kiowa Gaming Ordinance of 2010 be and 

the same is enacted and approved by the Kiowa Business Committee; 

AND BE IT FURTHER RESOLVED, that to the extent that any ordinance, regulation, 

policy or practice of the Kiowa Tribe is inconsistent with this Resolution hereby enacted, 

such ordinance, regulation, policy or practice is hereby superseded and repealed; 

AND BE IT FURTHER RESOLVED, that the Tribal Chairman and the Tribal Secretary 

be and they are hereby authorized and directed to submit this Resolution together with 

the Gaming Ordinance to the National lndian Gaming Commission for approval as 

required by and pursuant to Title 25 Code of Federal Regulations, Section 522.1- 

522.12 inclusive and to the Assistant Secretary for lndian Affairs or his authorized 

representative, pursuant to Article V, Subsection 2(g) of the Tribal Constitution; 
AND BE IT FURTHER RESOLVE, that the foregoing becomes effective on the date on 

which it is approved by NlGC Chairman pursuant to those regulations and by Assistant 

Secretary for Indian Affairs or his authorized representative, pursuant to Article V, 

Subsection 2(g) of the Tribal Constitution ("effective date"); 

AND BE IT FURTHER RESOLVED, that promptly following the effective date the Tribal 

Business Committee be and hereby authorized and directed to make the appointments 

to the Gaming Commission pursuant to the Kiowa Gaming Ordinance of 2010; 

AND BE IT FURTHER RESOLVED, that any part of these resolutions be found by a 

court of competent jurisdiction to be inconsistent with the Tribal Constitution then only 

that part found to be so inconsistent shall be void an of no effect (but only to the extent 

of such inconsistency), and all other parts of this Resolution shall remain in full force 

and effect. .................................................................................................... 

CERTIFICATION 

The foregoing Resolution No. CY-2010-614 was duly adopted at a Special Kiowa 

Business Committee meeting, held on October 14, 2010, at the Kiowa Tribal Complex, 

located in Carnegie, Oklahoma, with majority vote of ( 6 ) for, ( 0 ) against and ( 0 ) 

abstentions, a quorum being present. 

ATTEST: WITNESS: 

Sharon Pena, Tribal Secretary 
Kiowa Tribe of Ok 

The Kiowa 

Gaming Ordinance 
Table of Contents 

5 100.1 Purpose ................................................................................................................................ 4 

5 100.2 Definitions ........................................ .......o............,...o...s........................s..............~........a....... 4 

5 100.3 Gaming Authorized ................................................................................................................ 9 

5 3100.4 Ownership of Gaming ............................................................................................................ 9 

4 100.5 Use of Gaming Revenue ................................................ ..........................,.....m.................e....... 9 

O 100.6 Board of Trustees ............................................................................................................. 10 

5 100.7 Gaming Commission ............................................................................................................ 10

6 100.8 Ethics ................................ .............................................................. 15 

5 100.9 Complimentary items ............................. .................................................................. 316 

4 16O.10 Audit ............................................................................................................................... 317 

4 100.11 Environment and Public Health and Safety ......................................................................... 17

O 100.12 Guest Dispute Resolution .......................... , ...................................................................... 317 

9 100.13 Tribal Internal Control Standards ...................... ............................................................ 18 

. . 6 100.14 Fac~ltty Licenses ....................................... ...................................................................... 18

5 100.15 Agent for Service of Process .............................................................................................. 19 

6 100.16 Compliance with Federal Law .............................................................................. 19 

5 100.17 Repeal ................................... .... ....................................................................................... 19 

5 100.18 Tribal Access to Financial information ............................................................................... 19 

5 100.19 Licenses for Key Employees and Primary Management Officials ............................... .... 19 

§ 106.20 License Application Forms ............................................................................................... 26 

8 100.21 License Fees ...................................................................................................................... 20 

§ 100.22 Fingerprints ................................................................................................................. 21 

§ 100.23 Background investigations ................................................................................................ 21 

O 100.24 Procedures for Conducting a Background Check on Applicants ........................................ 22 

. . 5 100.25 Eligibhty Determination ....................... .. ....................................................................... 23 

§ 100.26 Procedures for Forwarding Applications and Reports for Key Employees and Primary 

Management Officials to the National Indian Gaming Commission ............ .......................... 2% 

5 100.27 Report to the National Indian Gaming Commission ......................................................... 23 

Revised: October 12. 2010 Page 2 of 34 
5 1600.28 Granting a Gaming License .................................................................................................. 24 

6 100.29 License Suspension/Wevocation ........................................................................................ 25 

tj 100.30 Licenses for Vendors .......................................................................................................... 25 

4 100.3% Submission of a Vendor License Application ......................................................................... 26 

5 100.32 Contents of the Vendor License Application ......................................................................... 26 

5 100.33 Vendor Background investigation ....................................................................................... 27 

5 100.34 Vendor License Fee .............................................................................................................. 27 

tj 100.35 Vendor Backgrou~d Investigation Report ........................................................................ 28 

5 100.36 Exemption for Vendors Licensed by Recognized Regulatlory Authorities ........................... 28 

5 100.37 Licenses for Non-Gaming Vendors .............................. .................................................. 28 

5 100.38 Criminal Brosecutionn of Gaming Crimes .......................................................................... 28 

5 100.39 Consent to Jurisdiction ...................................................................................................... 28 

5 100.40 Prohibited Acts .................................................................................................................. 28 

5 100.41 Criminal Ads .................................................................................................................... 30

5 100.43 Hearings and Appeals .................................................................................................... 32 

5 100. 44 Age Prohibition ................................................................................................................. 43 

5 100.45 Security and Surveillance .................................................................................................. 33 

4 180.46 Unclaimed Winnings ......................................................................................................... 33 

5 160.47 Denial of Waiver of Sovereign lrnmunityr ........................................................................... 34 

5 100.48 Amendment of Kiowa Gaming Commission Ordinance ...................................................... 34 

Revised: October 12. 2010 Page 3 of 34 
5 100.1 Purpose 

The Kiowa Business Committee, empowered by the Kiowa Tribe of Oltlahoma's Constitution to enact 

ordinances, hereby enacts this ordinance in order to govern Class !I and Class lli gaming operations on 

the Tribe's lndian lands. 

!j 100.2 Definitions 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein shall have the 

same meaning as defined in the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. 5 2701. et seq., and its 

regulations, 25 C.F.R. 5 500 etseq. Specifically: 

Board of Trustees 

Cheating 

Class I Gaming 

Class ll Gaming 

means the members of the IKiowa Casino Operations Authority, 

who shall serve as primary management officials in overseeing the 

General Manager and the day-to-day non-regulatory aspects of 

the gaming operation. 

means operating or playing a game in a manner in violation of the 

written or commonly understood rules of the game, with the 

intent to create for himselfJherself or someone in privity with 

&im/her an advantage over and above the chance of the game. 

means social games solely for prizes of minimal value or 

traditional forms of lndian gaming engaged in by individuals as a 

part of, or in connection with, tribal ceremonies or celebrations. 

means: 

(1) The game of chance commonly known as bingo (whether 

or not electronic, computer, or other technologic aids are 

used in connection therewith): 

(i) Which is played for prizes, including monetary prizes, with 

cards bearing numbers or other designations, 

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

designations when objects, similarly numbered or 

designated, are drawn or electronically determined, 

and 

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

previously designated arrangement of numbers or 

designations on such cards, including (if played in the 

Revised: October 12,2010 Page 4 of 34 
Class 180 Gaming 

Commission 

Commissioner 

Compact 

Complimentary 

Directly Related to 

same location) pull-tabs, lotto, punch boards, tip jars, 

instant bingo, an~d other games similar to bingo, and 

(3) Card games that: 

(a) Are e~pl~~c~tly authorized by the laws of the State, 

of' 

(b) Are not explicitly prohibited by the laws of the 

State and are played at any location in the State, 

but only is such card games are played in 

conformity with those laws and regulations (if any) 

of the State regarding hours or periods of 

operation of such card games or limitations on 

wagers or pot sizes in such card games. 

(c) The term "class II gaming" does not include: 

(i) Any banking card games, including baccarat, 

chemin defer, OF blackjack (21), or 

(ii) Electronic or electromechanical facsimiles of 

any game of chance or slot machines of any 

Itind. 

means all forms of gaming that are not class I gaming or class II 

gaming. 

means the Kiowa Gaming Commission established under Article 8 

hereof to perform regulatory oversight and to 

monitor compliance with Tribal, Federal, and applicable State 

regulations. 

means a duly appointed member of the Kiowa Gaming 

Commission. 

means a Tribal-State Compact concerning class Ill gaming 

approved by the Secretary of the Interior and published in the 

Federal Register pursuant to 25 U.S.C. 5 2710(d). 

means a service or item provided at no cost, or at ru reduced cost, 

to a guest of the gaming facility. 

means a spouse, child, parent, grandparent, grandchild, aunt, 

uncle. 

Revised: October 12,2010 Page 5 of 34 
Gaming Facility 

Gaming Operation 

Gaming Ordinance 

Gaming Site 

Guest 

lGWA 

lndian Rands 

In Privity With 

lndian Tribe or Tribe 

Tribal Court 

means the building, buildings or structure wherein gaming is 

permitted, performed, conducted or operated and associated and 

adjacent real property owned by it he Triibe. 

means the definition set forth in 25 C.F.R. $502.10. 

means this Tribal Gaming Ordinance of the Kiowa Tribe of 

Oklahoma, as amended from t~ime to ti~me, and any rules 

promulgated thereunder. 

means the tract or tracts of land upon which the Gaming Facility is 

located. 

means any person, other than an employee, who is on the 

premises of the gaming facility. 

means the lndian Gaming Reguslatory Act of 1988, 25 U.S.C. 2701 

et seq, as amended from time to tim~e. 

means: 

(1) All lands within the limits of the Tribe's reservation; 

(2) Any land's title to which is either held in trust by the United 

States for the benefit of the Tribe or individual or held by the 

Tribe or individual subject to restriction by the United States 

against alienation and over which ,the lndian Tribe exercises 

governmental power; and 

(3) For all lands acquired into trust for the benefit of an lndian 

tribe after October 17, 1988, the lands meet the requirements 

set forth in 25 U.S.C. 5 2719. 

means one who acts jointly with another or as an accessory 

before the fact to an act committed by the other or as a coconspirator with the other.. 

means the Kiowa Tribe of Indians of Oklahoma 

means a court duly constituted under the Constitution of the 

Kiowa lndian Tribe of Oklahoma, or so long as there be no such 

Revised: October 12, 2010 
court, the Court of lndian Offenses sitting in Anadarko, Oklahoma, 

together with all tribunals provided for the appeal of the decisions 

of such court under federal law. 

Kiowa Business Committee an eight (8) member representative body empowered to act on 

those matters outlined in Article V, Section 2, Constitution and 

Bylaws of the Kiowa Tribe of Oklahoma. 

KCOA means the Kiowa Casino Operations Authority 

Kiowa Casino Operations 

Authority means the commercial enterprise of the Tribe for the purposes of 

exclusively developing, construction and operating the gaming 

hospitality and resort operations of the Tribe and adopted a 

charter of the KCOA. 

Kiowa lndian Council 

KIC 

Key Employee 

means the members of the IKiowa Tribe of Oklahoma as defined 

by Article I, Definition of Terms, Section 2, Constitution and 

ByLaws ofthe Kiowa Tribe of Indians of Oklahoma. 

means the Kiowa lndian Council. 

means a person who performs one or more of the following 

functions: 

(1) Bingo caller; 

(2) Counting room supervisor 

(3) Chief of security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gambling devices including persons with access 

to cash and accounting records within such devices; 

(11) If not otherwise included, any other person whose total cash 

compensation is in excess of $50,000 per year; or 

Revised: October 12, 2010 
License 

Licensee 

Net Revenues 

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

persons in the gaming operation. 

means any authorization granted by the Commission, pursuant to 

this Ordinance, to any person, which is required for such person 

to perform certain acts or engage in certain activities. The 

issuance of a license shall not create a property or liberty interest 

in such license for the benefit of the licensee, 

means any person who has been issued a valid and current license 

pursuant to the provisionsof Section 100.28 

means gross gaming revenues of an lndian gaming operation less 

(1) Amounts paid out as, or paid for, prizes; and 

(2) Total gaming-related operating expenses, excluding 

management fees. 

National Indian 

Gaming Commission means the independent federal regulatory agency of the United 

States as established puryuant to the lndian Gaming Regulatory 

Act of 1988 (Act). 

NlGC means the National Indian Gaming Commission. 

Ordinance means this Tribal Gaming Ordinance of the Kiowa Tribe of 

Oklahoma, as amended from time to time, and any rules 

promulgated thereunder. 

Primary Management Official means 

(1) The person(sj having management responsibility for a 

management contract; 

(2) Any person[s) who has authority: 

(i) To hire and fire employees; or 

(ii) To set up working policy for the gaming operation; or 

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

financial management responsibility. 

Revised: October 12,2010 Page 8 of 34 
means, with respect to any entity, its sole proprietor or any 

partner, trustee, beneficiary or shareholder ho1din.g five percent 

(5%) or more of its beneficial or controlling ownership, either 

directly or indirectly or any officer, director, principal 

management employee, or key employee thereof. 

State means the State of Oklahoma 

Threat to the Proper 

Conduct of Gaming Operations means a Person whose activities, criminal record, if any, or 

reputation, habits, and associations would create or enhance the 

dangers of unsuitable, unfair, or illegal practiced and methods and 

activities in the conduct of gaming; and whicli would not be in the 

best interest of the public or effective regulation of gaming. 

TICS means the Tribal Internal Control Standards. 

Tribal internal 

Control Standards means a set of standards developed by the Kiowa Gaming 

Commission to meet or exceed those established by the National 

Indian Gaming Commission 25 C.F.R. 5 542.3. 

!j 100.3 Gaming Authorized 

(a) Class I1 and Class Ill gaming is hereby authorized. 

5 100.4 Ownership of Gaming 

(a) The Tribe shall have the sole proprietary interest in and responsibility for the conduct of any 

gaming operation authorized by this ordinance. 

5 100.5 Use of Gaming Revenue 

(a) Net revenues from tribal gaming shall be used only for the following purposes: 

(1) To fund tribal government operations and programs; 

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

(3) To promote tribal economic development; 

(4) To donate to charitable organizations; or 

(5) To help fu~nd operations of local government agencies. 

Revised: October 12, 2010 Page 9 of 34 
(b) 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. 5 

2710(b)(3).(4). 

5 100.6 Board of Trustees 

(a) In addition to the General Manager for the facility, the Kiowa Business Committee shall establish a 

Kiowa Casino Operations Authority which shall serve in a management oversight role over the 

General Manager and the day-to-day operations ofthe gaming operation. 

(1) In the event that the Tribe enters into a management contract approved by the NIGC, the Board 

of Trustees may delegate some or all duties to the approved management contractor. 

(2) The Board of Trustees shall oversee all non-regulatory aspects of the gaming operation. 

(3) Regulation of the gaming operation shall be the sole responsibility of the Kiowa Gaming 

Commission. 

(b) The members of the Board of Trustees shall be subject to the same background requirements as 

key employees and primary management officials, and must be licensed accordingly. 

5 100.7 Gaming Commission 

(a) The Tribe hereby establishes a Kiowa Gaming Commission whose duty is to regulate tribal gaming 

operations. 

(b) The Kiowa Gaming Commission shall consist of three (3) members. 

(1) There shall be among them a Chairperson, Vice-Chairperson, Secretary/ Treasurer. 

(c) The purpose of the Kiowa Gaming Commission is regulatory, not managerial/operational. 

(1) The Kiowa Gaming Commission will conduct oversight to ensure compliance with Tribal, 

Federal, and, if applicable, State laws and regulations. 

(2) The Kiowa Gaming Commission will serve as the licensing authority for individuals employed in 

the gaming operation and will administer background investigations as part of the licensing 

process. 

(3) The Kiowa Gaming Commission will also have a role in ensuring compliance with the internal 

controls for the gaming operation. 

(4) In order to carry out its regulatory duties, the Kiowa Gaming Commission shall have 

unrestricted access to all areas of the gaming operation and to all records. 

(5) The Kiowa Gaming Commission shall have authority to take enforcement actions, including 

suspension or revocation of an individual gaming license when appropriate. 

(6) The Kiowa Gaming Commission reserves the right to perform all Kiowa Gaming Commission 

personnel actions, except for the position of Executive Director. The Kiowa Business 

Committee reserves the right to approve the employment of the Executive Director. 

Revised: October 12, 2010 Page 10 of 34 
(d) The Kiowa Business Committee recognizes the importance of an independent Kiowa Gaming 

Commission in maintaining a well-regulated gaming operation. 

(1) The Commission shall be and act independently with the reg~lat~ory function only but shall be 

subject to administrative orders from the Kiowa Business Committee .in all matters within its 

purview. 

(2) No prior or subsequent review by the Kiowa Business Committee (of any actions of the IKiowa 

Gaming Commission shall be required or permitted except as otherwise explicitly provided in 

this Ordinance. 

(3) To avoid potential conflicts of interest between the operation and regulation of the gaming 

facility, the Kiowa Business Comrnittee hereby finds that, at a minimum: 

(i) Members of the Kiowa Gaming Commission are prohibited from gambling in the facility; 

and 

(ii) Members of the Kiowa Gaming Commission are prohibited from accepting complimentary 

items from the gaming operation, except food and beverages being internally charged and 

valued at Fifty (50) dollars or less. 

(e) Kiowa Gaming Commissioner positions shall be filled through appointment by the Kiowa Business 

Committee. 

(f) Nominees for positions of Kiowa Gaming Commission must satisfy the standards for appointed and 

elected officials set forth for in the Kiowa Constitution and Bylaws. 

(1) Background investigations shall be performed under the direction of the Executive Director of 

the Kiowa Gaming Commission. 

(g) The person selected by the Kiowa Gaming Commission to serve in the position of i<iowa Gaming 

Commission Executive Director, shall be subject to the approval of the Kiowa Business Committee 

prior to that person assuming the position of Executive Director of the Kiowa Gaming Commission. 

(h) The Kiowa Gaming Commission personnel shall: 

(1) Conduct or cause background investigations to be conducted on, at a minimum, primary 

management officials and key employees; 

(2) Review and approve all investigative work conducted, subject to approval of the ~iowa Gaming 

Commissioners; 

(3) Report results of background investigations to the NIGC; 

(4) Obtain and process fingerprints, or designate a law enforcement agency to obtain and process 

fingerprints; 

(5) Make licensing suitability determinations, subject to approval of the Kiowa Gaming 

Commission, which shall be signed by any officer of the Kiowa Gaming Commission; 

(6) Issue garning licenses to primary management officials and key employees of the operation, 

consistent with the suitability determination, subject to approval of the Kiowa Gaming 

Commission; 

Revised: October 12, 2010 Page 11 of 34 
(7) Establish standards for licensing Tribal gaming operations, subject to approval of the Kiowa 

Gaming Commission and Kiowa Business Committee; 

(8) Issue facility gaming licenses to Tribal gaming operations, subject to approval of the Kiowa 

Gaming Commission; 

(9) Inspect, examine and monitor all gaming activities, and have immediate access to review, 

inspect, examine, photocopy and audit all records of the gaming establishment, subject to 

approval of the Kiowa Gaming Commission; 

(10) Ensure compliance with all Yribal, State, and Federal laws, rules, and regulations regarding 

Indian gaming on Kiowa lndian lands; 

(11) Investigate any suspicion of wrongdoing associated with any gaming activities, subject to 

approval of the Kiowa Gaming Commission; 

(12) Hold hearings on gaming guest complaints, in compliance with procedures established in the 

gaming ordinance and other Tribal gaming regulations, subject to approval of the Kiowa Gaming 

Commission; 

(13) Comply with any and all reporting requirements under the IGRA, Tribal-State compact to which 

the Tribe is a party, and any other applicable law; 

(14) Promulgate and issue regulations necessary to comply with applicable internal control 

standards, subject to approval of the Kiowa Gaming Commission and Kiowa Business 

Committee; 

(15) Promulgate and issue regulations on the levying of fees and/or taxes associated with gaming 

license applications, subject to approval of the Kiowa Gaming Commission and Kiowa Business 

Committee; 

(16) Prornulgate and issue regulations on the levying of fines and/or suspension or revocation of 

gaming licenses for violations of the gaming ordinance, or any other Tribal, Federal, or State, if 

applicable, gaming regulations, subject to approval of the Kiowa Gaming Commission and Kiowa 

Business Committee; and 

(17) Establish a list of persons not allowed to game in Tribal gaming facilities in order to maintain 

the integrity of the gaming, subject to approval of the Kiowa Gaming Commission; 

(18) Establish a list of persons who have voluntarily aslted to be excluded from Tribal gaming facility, 

subject to approval of the Kiowa Gaming Commission and create regulations for enforcing this 

exclusion, subject to approval of the Kiowa Business Committee; 

(19) Provide referrals and information to the appropriate law enforcement officials when such 

information indicates a violation of Tribal, Federal, or State statutes, ordinances, or resolutions; 

(20) Create a list of regulatory authorities that conduct vendor background investigations and 

licensing which the Commission recognizes as trustworthy, subject to approval of the IKiowa 

Gaming Commission; 

Revised: October 12, 2010 Page 12 of 34 
(21) Draft regulations exempting vendors from the licensing and/or background investigation 

requirements if they have received a license from a re'cognized regulatory authority, subject to 

approval of the Kiowa Gaming Commission and IKiowa Business Committee; 

(22) Retain legal counsel on behalf of the Kiowa Gaming Commission when necessary, subject to 

approval of the Kiowa Gaming Commission and Kiowa Business Com,mitt@e; 

(23) Perform such other duties the Commission deems appropriate for the proper regulation of the 

Tribal gaming operation, no Kiowa Tribe Gamsing facility shall1 be closed, shutdown or etc. 

without the approval of the Kiowa Business Committee; and 

(24) Promulgate such regulations and guidelines as it dleems appropriate to implement the 

provisions of this Ordinance, subject to the approval of IKiowa Business Committee. 

(i) The Kiowa Gaming Commission shall ensure that all records a!nd information obtained as a result of 

an employee background investigation remain confidential and shall not be disclosed to persons 

who are not directly involved in the licensing a'nd employ~ment processes. 

(j) Information obtained during the course of an employee background investigation shall be disclosed 

to members of management, human resource personnel1 or oth~ers employed by the tribal gaming 

operation on a need-to-know basis for actions takein in the~ir official capacities. 

(1) This does not apply to requests for such information or records from any Tribal, Federal or State 

law enforcement or regulatory agency, or for the use of such information or records by the 

Commission and staff in the performance of their official duties. 

(k) Terms of Office for Kiowa Gaming Commissioners shall be .as follows: 

(1) There shall be a Kiowa Gaming Commission composed of (3) officers, Chairman; Vice-Chairman; 

and Secretarv/Treasurer. 

(2) The term of office shall be for a period of two (2) years and each officer shall be eligible to serve 

two consecutive terms, a Commissioner shall not be eligible for re-appointment to fill a vacancy 

on the Commission until a period of two (2) years has elapsed. 

(3) Chairman - term of office October , 2008, ending September __, 2010; ViceChairman - term of office October --, 2009, ending September -, 2011; and 

Secretary/Treasurer - term of Office October 2010, ending September ,2012. 

(4) The Kiowa Gaming Commission shall receive a $300.00 meeting stipend for twenty-four (24) 

meeting per year twelve (12) monthly and (12) specia~l. 

(I) The following persons are not eligible to serve as Kiowa Gaming Commissioners: 

(1) IKiowa Business Committee members, while serving as such; 

(2) Employees of the gaming operation, while serving as such; 

(3) Gaming contractors (including any principal of a management or other contracting company); 

(4) Tribal members previously convicted of a felony, of embezzlement, or theft, or of any other 

money-related crime or honesty-related crime (such as fraud). 

(m)The Kiowa Business Committee shall require a criminal history check with appropriate law 

enforcement agencies and shall review this criminal history report and make an appropriate 

Revised: October 12, 2010 inage 13 of 34 
suitability determination before appointing an individual to a position as a IKiowa Gaming 

Commissioner. 

(n) The independence of the Kiowa Gaming Commission is essential to a well-regulated gaming 

operation. 

(1) For that reason, Kiowa Gaming Commissioners may be removed from offj'ce by the Kiowa 

Business Comrnittee prior to the expiration of their respective terms for neglect of duty, 

misconduct, malfeasance, violation of this Ordinance, or other acts that would render a 

commissioner unqualified for his/her position. This shall apply to any iemployee or staff 

member of the Kiowa Gaming Commission. If any Commissioner of t!he Kiowa Gaming 

Commission, Executive Director, and any staff or employee of the Kiowa Gaming Commission 

attempts, in any manner, to affect, control or manage, the management and operations of any 

Kiowa Gaming Facility, he or she shall be subject to removal and/or termination from his or her 

position. 

(2) Members of the Kiowa Gaming Commission, the Executive Director, and employees of the 

Kiowa Gaming Commission shall be subject to the provisions of Article IV, Constitution and 

Bylaws of the Kiowa Indian Tribe of Oklahoma regarding "Recall and R'emoval of any elected or 

appointed official or any Tribal Employee". 

(3) Any allegations of neglect of duty, misconduct, malfeasance, violation of this Ordinance, or 

other acts that would render him or her unqualified for his/her position must be substantiated 

by a preponderance of the evidence. The proof of the allegations that any Commissioner, 

Executive Director, and any staff or employee of the Kiowa Gaming Commission did attempt, in 

any manner, to affect, control or manage, the management and operations of any Kiowa 

Gaming Facility must be substantiated by a preponderance of evidence. 

(4) Kiowa Gaming Commissioners and or employee/staff will be given an opportunity to provide 

evidence rebutting the grounds for their proposed removal before the removal is considered. 

(5) A vote of the Kiowa Business Committee on the validity of the removal shall be final and not 

subject to further appeal. 

(0) A majority of the Kiowa Gaming Commission shall constitute a quorum and the concurrence of a 

majority of the members appointed to the Kiowa Gaming Commission shall be required for any 

final determination by the Commission. 

(1) The Kiowa Gaming Commission may act in its official capacity even if there are vacancies on the 

Commission, however a quorum of a majority of the members must be established. 

(p) The IKiowa Gaming Commissioners shall have an annual budget determined and approved by the 

Kiowa Business Committee. Any surplus remaining in the Kiowa Gaming Commissioner's budget at 

the end of the budget year shall be returned to the Kiowa Business Committee. Any fees, fines or 

other charges collected by the Kiowa Gaming Commissioner during the budget year will off set or 

be deducted from the budget amount determined by the Kiowa Business Committee for the 

following budget year, and the off set amount shall be refunded to the Kiowa Business Committee. 

Revised: October 12,2010 Page 14 of 34 
(q) The Kiowa Gaming Commission shall keep a wrltten record of minutes for all its meetings and 

forward to Kiowa Business Committee Tribal Secretary. 

(r) The [Kiowa Gaming Commission shall meet and decide all matters by majority vote of the full 

commission. The Chairperson or Vice-Chairperson in the Chairperson's absence shall preside at 

each meeting. The presence of two (2) Commiss~oners of the Kiowa Gaming Commission shall 

constitute a quorum for a meeting. The vote of two (2) Commissioners shall constitute as a 

majority vote and shall be binding on the Kiowa Gam~ng Commission. 

3 100.8 Ethics 

(a) The Kiowa Business Committee recognizes that the duties 'of the Kiowa Casino Operations 

Authority and the Kiowa Gaming Commission include making important decisions on highly 

sensitive issues; as a result the Kiowa Business Committee has determined that the Kiowa Casino 

Operations Authority and the Kiowa Gaming Commission shall be held to extremely high ethical 

standards. 

(b) Prior to taking their positions on the Kiowa Casino Operations Authority and the Kiowa Gaming 

Commission members shall agree to be bound by the following principles: 

(1) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall not hold 

financial interests that conflict with the conscientious performance of their duties as managers 

and regulators. 

(2) Kiowa Casino Operations Authority the Kiowa Gaming Commission members shall not engage in 

financial transactions using nonpublic information or allow the improper use of such 

information by others on their behalf to further any private interest. 

(3) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall not 

solicit or accept any gift or other item of monetary value, including complimentary items or 

services, from any person or entity seeking official action or inaction from, doing business with, 

or conducting activities regulated by the member's organization, or whose interests may be 

substantially affected by the performance or nonperformance of the Kiowa Gaming 

Commission and Kiowa Casino Operations Authority members' duties. 

(4) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall make no 

unauthorized commitments or promises of any kind purporting to bind the Kiowa Business 

Committee. 

(5) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall not use 

their positions for private gain. 

(6) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall act 

impartially, in accordance with all relevant Tribal, Federal, and State laws (where applicable), 

and shall not give preferential treatment to any private organization or individual, including to 

any persons related to Kiowa Gaming Commissioners or Kiowa Gaming Commission personnel. 

Revised: October 12, 2010 Page 15 of 34 
(7) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall ensure 

that Tribal property and gaming assets shall be properly segregated and safeguarded, and that 

such property and assets shall not be used for unauthorized activities. 

(8) Kiowa Casino Operations Authority and the Kiowa Gaming Com~mission members shall not 

engage in outside employment or activities, including seeking or negotiating for future 

employment, which conflict with their official duties and responsibilities. 

(9) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall disclose 

waste, fraud, abuse, and corruption to appropriate authorities. 

(10) Kiowa Casino Operations Authority and the Kiowa Gaming Coimmi'ssion members shall 

endeavor to avoid any actions creating the appearance that they are violating the law or the 

ethical standards listed herein. 

(11) Kiowa Casino Operations Authority and the Kiowa Gaming Commission members shall disclose 

any real or apparent financial or personal conflicts. If there is a real conflict or the appearance 

of one, the member shall not take part in any decision related to the conflict. 

(12) Those persons who hold elected office of the Tribe or are otherwise employees of the Tribe, 

and also any member of the Tribe who has been recalled from elected office of the Tribe or 

previously removed for a good cause, from the Gaming Commission, shall be ineligible to serve 

as Commissioners. Any person whose relative is employed by the Tribe as a Key Employee or 

Primary Management Official of a Tribal Gaming Facility, a Management Contractor, or the 

Kiowa Casino Operations Authority, shall be ineligible to serve as a Commissioner during such 

relative's employment. No person who is ineligible to be a Key Employee or Primary 

Management Official and no person convicted of a felony, embezzlement, theft, or any other 

money-related crime or a crime of moral turpitude (such as fraud) may serve on the Gaming 

Commission. 

5 100.9 Complimentary ltems 

(a) The use of complimentary items shall be governed by regulations established by the Kiowa Gaming 

Commission and approved by the Kiowa Business Committee. 

(b) No Key Employee, Primary Management Official, Kiowa Casino Operations Authority member or 

Kiowa Gaming Commissioner or Kiowa Gaming Commission personnel, or any person directly 

rela.ted to, immediate family, shall be authorized to receive complimentary items other than food 

and beverages valued at Fifty (50) dollars or less or, if at a public event held at the gaming facility, 

the free food and beverages offered to the general public. 

(c) Complimentary ltems shall be included in the annual budget for the gaming operation, with 

maximum limits specified, and shall be subject to approval by the Kiowa Business Committee. 

(d) Kiowa Gaming Commissioners may accept food and beverage provided by vendors at vendor 

sponsored events valued at FiRy (50) dollars or less. 

Revised: October 12, 2010 Page 16 of 3,4 
5 100.10 Audit 

(a) The Kiowa Business Committee shall cause an annual outside independent audit OF gaming 

operations to be conducted, and shall submit the resulting audit reports to the National lndian 

Gaming Commission. 

(b) The Kiowa Gaming Commission shall select the audit firm, subject to approval of the IKiowa 

Business Committee, to complete the annual audit. The audit firm must have tribal gaming 

regulatory experience. 

(c) The Gaming Operation will be responsible for payment of the required annual audit. 

(d) All gaming related contracts that result in the purchase of supplies, services, or cancessions in 

excess of $50,000.00 annually, except contracts for professional legal and accounting services or 

other companies exempted by definition of the IKiowa Gaming Commission due to the level of 

regulation already adhered to by those companies, shall be specifically included withiln the scope of 

the audit that is described in subsection (a) above. Exemptions will come at the request of the 

gaming operation and further approved by the Kiowa Gaming Commission and the Kiowa Business 

Committee. 

5 100.11 Erlvironment and Public Health and Safety 

(a) Gaming facilities shall be constructed, maintained and operated in a manner that adequately 

protects the environment and the public health and safety. 

(b) The Kiowa Gaming Commission shall develop standards, subject to approval of the Kiowa Business 

Committee, that assure adequate protection of the environment and the public health and safety. 

(c) Prior to licensing and in accordance with the standards of the Kiowa Gaming Commission and the 

National lndian Gaming Commission the Gaming Operation must adopt standards to assure 

adequate protection of the environment and the health and safety of the general public. 

5 100.12 Guest Dispute Resolution 

(a) Guests who have complaints against the gaming operation as it relates to gaming disputes shall 

have as their sole remedy the right to file a petition for relief with the IKiowa Gaming Commission. 

Guests will have three (3) business days after the occurrence of the alleged dispute to file a 

complaint with the Kiowa Gaming Commission. 

(b) Complaints shall be submitted in writing, and at the discretion of the Kiowa Gaming Commission, 

the petitioner may be allowed to present evidence. 

(c) The Kiowa Gaming Commission shall notify guest of hearing date within 30 days of receipt of 

petitioner's complaint. 

(d) Petitioner may have counsel present at such hearing. 

(e) The Commission shall render a decision within 30 days of the hearing and all such decisions will be 

final when issued. 

Revised: October 12, 2010 Page 17 of 34 
(f) All claims by guests shall be limited to a maximum recovery of $500 per occurrence, and a 

cumulative limit of $1,000 per guest in any twelve (12) month period, except disputes relating to a 

guest's entitlement to a game prize, which shall be limited to tihe amount of such prlze. 

(1) The Commission's decision shall constitute the petitioner's flnal remedy. 

5 100.13 Tribal internal Control Standards 

(a) The Kiowa Gaming Commission shall develop and implement Tribal Internal Control Standards 

(TICS) for the operation of its Tribal gaming operation in accordance with applicable law. The 

Tribe's TICS shall be set out in separate regulations to be reviewed and approved by the Kiowa 

Business Committee. 

(b) The Kiowa Gaming Commission shall be responsible for the development, revision, and 

enforcement of the Tribal Internal Corltrol Standards, with the approval of the Kiowa Business 

Committee. 

(c) In addition to the Tribal Internal Control Standards adopted, the Kiowa Gaming Commission has the 

authority to develop and iniplement any other policy or procedure deemed necessary as it applies 

to the regulation of the gaming operations, subject to approval of the Kiowa Business Committee. 

5 100.14 Facility Licenses 

(a) The I(io\rva Gaming Commission shall issue a separate license to each gaming site on lndian lands 

wher.e Class I1 andlor Class Ill gaming is conducted under this ordinance for a period deiined in the 

regulations. 

(b) The Kiowa Gaming Commission shall specify the form, conditions and content for the application 

for such licenses, which shall be submitted by the highest management official of the gaming 

operation, and the initial application shall include a legal description of the lands where on the 

facility is located, and a certification that said premises constitute "lndian lands" as specified in the 

lndian Gaming Regulatory Act, and shall identify the environmental, health, and publicsafety 

standards with which the facility must comply, and a certification that the facility is in compliance 

therewith. 

(c) Each subsequent application for the renewal of such facility license shall identify any changes or 

additions to said legal description and applicable environmental, health and safety standards, and 

include current certifications of compliance therewith. 

(d) The Kiowa Gaming Commission shall only issue such licenses if the applications therefore include 

the required information and certifications and such further conditions as the Kiowa Gaming 

Commission shall have specified. 

(e) Fees for the licensing of gaming operations shall be based on size and reasonable industry rates 

and will be set forth in the Kiowa Gaming Commission regulations as approved by the Kiowa 

Business Committee. 

Revised: October 12,2010 Page 18 of 34 
(f) All license fees shall be approved by the Kiowa Business Committee 

5 100.15 Agent for Service of Process 

(a) The Kiowa Tribe of Oklahoma hereby designates Chairman OF the Kiowa Casino Operations 

Authority and the Chief Operating Officer of the Kiowa Casino Operations Authority as agent for 

service of process, who may be contacted at: 

(1) Chief Operating Officer 

Kiowa Casino Operations Authority 

SH 36/E. 1980 Rd. 

P.O. Box 100 

Devol, OK. 73531 

5 100.16 Compliance with Federal Law 

(a) The Kiowa Gamirig Commission and the Kiowa Business Committee w~ill comply with all applicable 

federal laws, including the Bank Secrecy Act, 31 U.S.C. 5 5311 et seq, state liquor laws, tribal liquor 

laws and any other applicable regulations. 

4 100.17 Repeal 

(a) To the extent that they are inconsistent with this ordinance, all prior gamingordinances are hereby 

repealed. 

3 100.18 Tribal Access to Financial Information 

(a) A copy of the Tribal gaming operation annual audit as well as any financial records of the Kiowa 

Gaming Commission will be made available for review, upon request, to the Kiowa Business 

Committee and the Kiowa Gaming Commission. 

5 100.19 Licenses for Key Employees and Primary Management Officials 

(a) The Kiowa Gaming Commission shall ensure that the policies and procedures set out in this section 

are implemented with respect to ltey employees and primary management officials employed at 

any garning enterprise operated on Indian lands. 

(13) The Kiowa Gaming Commission will issue licenses and perform background investigations according 

to requirements at least as stringent as 25 C.F.R. Parts 556 and 558 including the prohibition of any 

applicants that have been convicted of a felony. 

Revised: October 12,2010 Page 19 of 34 
100.20 License Application Forms 

(a) The following notice shall be placed on the application form for a lkey employee or a primary 

management official: 

(1) In compliance with the Privacy Act of 1974, the following information must be provided: 

(i) "Solicitation of the information on this form is authorized by 25 U.S.C. s2701 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 the Kiowa Gaming 

Commission and the National Indian Gaming Commission members and staff who have 

need for the information in the performance of their official duties. The information may 

be disclosed to appropriate Federal, Tribal, State, local, or foreign law enforcement and 

regulatory agencies when relevant to civil, criminal or regulatory investigations or 

prosecutions or when necessary pursuant to a requirement by a Tribe or the National 

Indian Gaming Commission in connection with the hiring or firing of an employee, the 

issuance or revocation of a gaming license, or 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 Tribe being unable to hire you in a primary management official or 

key employee position." 

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

supply a SSN may result in errors in processing your application." 

(b) The following additional notice shall be placed on the application form for a key employee or a 

primary management official: 

(1) "A false statement on any part of your application may be grounds for not hiring you, or for 

firing you after you begin work. Also, you may be punished by fine or imprisonment." (U.S. 

Code, Title 18, Section 1001) 

(c) The Kiowa Gaming Commission shall notify in writing existing key employees and primary 

management officials who have not completed an application containing the notices set forth 

above that they shall either: 

(1) Complete a new application form that contains both the Privacy Act and false statement 

notices; or 

(2) Sign a statement that contains the Privacy Act and false statement notices and consent to the 

routine uses described in that notice. 

5 100.21 License Fees 

(a) The Kiowa Gaming Commission may charge a license fee, to cover its expenses in investigating and 

licensing Key Employees and Primary Management Officials of the gaming operation. All license 

fee amounts and license fee category (facility, key employee, etc.) shall be approved by the Kiowa 

Business Committee. 

Revised: October 12.2010 Page 20 of 34 
5 100.22 Fingerprints 

(a) Each applicant for a Key Employee or Primary Management Official shall be required to have 

fingerprints talten as part of the license application procedure. 

(b) The Kiowa Gaming Commission shall be equipped to perform fingerprinting for all ltey employees 

and primary management officials. 

(c) Should the Kiowa Gaming Commission become unable or choose not to perforsm the required 

fingerprinting, fingerprints shall be talten by the Bureau of Indian Affairs or ot~her available law 

enforcement agency and will then be forwarded to the NlGC for processing through the FBI and 

NClC to determine the applicant's criminal history, if any. 

5 100.23 Background Investigations 

(a) The Kiowa Gaming Commission is responsible for conducting background investigations and 

suitability determinations. 

(b) The Kiowa Gaming Commission shall request from each primary management official and from 

each key employee all of the following information: 

(1) Full name, other names used (oral or written), social security number(s), birth date, place of 

birth, citizenship, gender, all languages (spoken or written); 

(2) Currently and for the previous 5 years: business and employment positions held, ownership 

interests in those businesses, business and residence addresses, and drivers license numbers; 

(3) 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 (b)(2) of this section; 

(4) Current business and residence telephone numbers; 

(5) A description of any existing and previous business relationships with Indian Tribes, including 

ownership interests in those businesses; 

(6) A description of any existing and previous business relationships with the gaming industry 

generally, including ownership interests in those businesses; 

(7) The name and address of any licensing or regulatory agency with which the person has filed an 

application for a license or perrnit related to gaming, whether or not such license or permit was 

granted; 

(8) For each felony for which there was an ongoing prosecution or a conviction, the charge, the 

name and address of the court involved, and the date and disposition if any; 

(9) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding minor traffic 

violations), within 10 years of the date of the application, the name and address of the court 

involved and the date and disposition; 

Revised: October 12, 201.0 Page 23. of 34 
(10) For each criminal charge (excluding minor traffic charges), whether or not there is a conviction, 

if such criminal charge is within 10 years of the date of the application and is not otherwise 

listed pursuant to paragraph (b)(8) or (b)(9) of this section, the criminal charge, the name and 

address ofthe court involved and the date and disposition; 

(11) 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; 

(12) A photograph taken within the last year; and 

(13) Any other information the Kiowa Gaming Commission deems relevant. 

5 100.94 Procedures for Conducting a Background Check on Applicants 

(a) As part of the review procedure, the Kiowa Gaming Commission or its agent shall employ or engage 

a private investigator to conduct a background investigation on each applicant sufficient to allow 

the Kiowa Gaming Commission to make an eligibility determination. 

(b) The investigator shall: 

(1) Verify the applicant's identity through items such as a social security card, drivers license, birth 

certificate, or passport; 

(2) Contact each personal and business reference provided in the License Application, when 

possible; 

(3) Obtain a personal credit check; 

(4) Conduct a civil history check; 

(5) Conduct a criminal history check via the submission of the applicant's fingerprints to the NIGC, 

and further obtain information from the appropriate court regarding past felony and/or 

misdemeanor convictions and criminal charges within the last ten years; 

(6) Inquire into any previous or existing business relationships with the gaming industry and Indian 

tribes by contacting the entities or tribes; 

(7) Verify the applicant's history and status with any licensing agency by contacting the agency; and 

(8) Take other appropriate steps to verify the accuracy of the information, focusing on problem 

areas noted. 

(c) The investigator shall create an investigative report noting the steps taken, information gained, 

potential problem areas, and disqualifying information. 

(d) The Kiowa Gaming Commission and its investigator shall promise to keep confidential the identity 

of each person interviewed in the course of the investigation, other than disclosure as required 

under Federal, Tribal, or State law. 

Revised: October 12, 2010 Page 22 of 34 
5 100.25 Eligibility Determination 

(a) The Kiowa Gaming Commission shall revlew 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 gamingoperation. 

(b) If the Kiowa Gaming 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. 

§ 200.26 Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management: Officials to the National lndian Gaming Commission 

(a) When a key employee or primary management official is.employed to work at a gaming operation 

authorized by this ordinance, the Kiowa Gaming Commission shall forward to the National lndian 

Gaming Commission a completed application for employment, a completed background 

investigation and a repofl on the determination referred to in this section. 

(b) Tlie gaming operation shall not employ as a key employee or pri8mary managemerit official a person 

who does not have a permanent license after 90 days. 

5 100.27 Report to the National lndian Gaming Commission 

(a) The Kiowa Gaming Commission shall prepare and forward a report on each background 

investigation to the National lndian Gaming Commission including all of the following: 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The bases for those conclusions. 

(b) The Kiowa Gaming Commission shall forward the completed investigative report to the National 

lndian Gaming Commission within 60 days after an employee receives a.temporary license from the 

Kiowa Gaming Commission or begins work or within 60 days of the approval of this ordinance by 

the Chairman of the National lndian Gaming Commission. 

(c) The Kiowa Gaming Commission shall submit, with the investigative report, a copy of the eligibility 

determination, unless the NlGC shall have advised the Kiowa Gaming Commission that the 

submission of the eligibility determination is not necessary. 

(1) The eligibility determination shall include the following: 

(i) A statement describing how the information submitted by the applicant was verified; 

(ii) A statement of results following an inquiry into the applicant's prior activities, 

Revised: October 12, 2010 Page 23 of 34 
(iii) Criminal record, if any, and reputation, habits and associations; 

(iv) A statement showing the results of interviews of a sufficient number of knowledgeable 

people (such as former employers, personal references, and others referred to by the 

applicant) in order to provide a basis for the Kiowa Gaming Commission to make a finding 

concerning the eligibility for licensing required for employment in a gaming operation; 

(v) A statement documenting the disposition of all potential problem areas noted and 

disqualifying information obtained. 

(d) If a license is not issued to an applicant, the Kiowa Gaming Commission must niotify the Kiowa 

Business Committee and NIGC; and must forward copies of its eligibility determination and 

investigative report (if any) to the NIGC for inclusion in the lndian Gaming Individuals Records 

System. 

(e) With respect to all employees, and in particular key employees and primary management officials, 

the Kiowa Gaming Commission 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 three (3) years from the date of termination of employment. 

5 100.28 Granting a Gaming License 

(a) If, within a thirty (30) day period after the National lndian Gaming Commission receives a repork, 

the National lndian Gaming Commission notifies the Kiowa Gaming 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 Kiowa Gaming Commission has provided an application 

and investigative report to the National lndian Gaming Commission, the l(iowa Gaming 

Commission, acting for the Kiowa Tribe of Oklahoma, may issue a permanent license to such 

applicant. 

(b) The Kiowa Gaming Commission shall respond to a request for additional information from the 

Chairman of the National lndian Gaming Commission concerning a key employee or a primary 

management official who is the subject of a report. 

(1) Such a request shall suspend the 30-day period under paragraph (a) of this section until the 

Chairman of the National lndian Gaming Commission receives the additional information. 

(c) If, within the thirty (30) day period described above, the National lndian Gaming Commission 

provides the l(io\rva Gaming Commission with a Statement itemizing objections to the issuance of a 

license to a key employee or to a primary management official for whom the Kiowa Gaming 

Commission has provided an application and investigative report to the National lndian Gaming 

Commission, the Kiowa Gaming Commission shall reconsider the application, taking into account 

the objections itemized by the National lndian Gaming Commissian. The Kiowa Gaming 

Commission shall make the final decision whether to issue a li~cense to such applicant. 

Revised: October 12, 2010 
4 100.29 License Suspension/Revocation 

(a) If, after the issuance of a gaming license, the Kiowa Gaming Commission receives from the 

National Indian Gaming Commission reliable information indicating that a key emp'loyee or a 

primary management official is not eligible for employment, the Kiowa Gaming Commission shall 

suspend such license and notify in writing the licensee of the suspension and the proposed 

revocation within 3 business days of receipt of the notice from the National Indian Gaming 

Commission. 

(b) The Kiowa Gaming Commission shall notify the licensee in writing by certified mail of a time and a 

place for a hearing on the proposed revocation of a license. 

(c) Within 3 business days of the revocation hearing, the Kiowa Gaming Commission shall decide to 

revoke or to reinstate a gaming license: 

(I) The Kiowa Gaming Commission shall notify the NlGC of its decision. 

(2) The Kiowa Gaming Commission shall notify the affected key employee or primary management 

official of its decision. 

(3) The licensee, affected Key Employee and Primary Management Official may appeal the decision 

of the Gaming Commission to the Tribal Court, as defined by this Ordinance, within ten (110) 

days of the date of decision of the Kiowa Gaming Commission or said decision will become final. 

!j 100.30 Licenses for Vendors 

(a) Vendors of gaming services or supplies with a value of $25,000 or more on a fiscal year basis must 

have a vendor license from the IKiowa Gaming Commission in order to transact business with the 

Tribal gaming operation. 

(1) Contracts for professional legal and accounting services or vendors that have obtained an 

exemption from the Kiowa Gaming Commission are excluded from this section. 

(b) Vendors of nor)-gaming services or supplies with a value of $25,000 or more on a fiscal year basis 

must have a vendor license from the Kiowa Gaming Commission in order to transact business with 

the Tribal gaming operation. 

(1) Contracts for professional legal and accounting services or vendors that have obtained an 

exemption from the Kiowa Gaming Commission are excluded from this section. 

(c) Gaming vendors are vendors who provide gaming supplies and services, including cash-related 

services and gaming equipment. 

(d) Non-gaming vendors provide services that do not have the ability to impact the integrity of the 

Tribal gaming operations. As example, but not limited to, media advertising, facility maintenance 

workers, linen and laundry services, food and beverage suppliers, etc. 

(1) The Kiowa Gaming Commission shall create a regulation, subject to Kiowa Business Committee 

approval, detailing which vendors fall into this category and shall maintain a register of the nongaming vendors that it licenses. 

Revised: October 12, 2010 Page 25 of 34 
(e) The regulation may exempt from licensing req~tirements non-gaming vendors who: 

(1) Are a Tribal, Local, State, or Federal government agencies; 

(2) Are regulated by the Tribe, Local, State or Federal regulations; or 

(3) Will provide services or supplies under $25,000 annualized (based on the fiscal year of the 

gaming operation). 

3 100.31 Submission of a Vendor License Application 

(a) In order to obtain a gaming vendor license, the business must complete a vendor application and 

submit to background checks of itself and its principals. 

(1) Principals of a business include its officers, directors, management, owners, partners, noninstitutional stocltholders that either own 10% or more of the stock or are the 10 largest 

stocltholders, and the on-site supervisor or manager under the agreement with the Tribe, if 

applicable. 

§ 200.32 Contents of the Vendor License Application 

(a) Applications for gaming vendor licenses must include the following: 

(1) Name of business, business address, business phone, federal tax ID number (or SSN if a sole 

proprietorship), main office address if different from business address, any other names the 

applicant has done business under, type of service applicant will provide; 

(2) Whether the applicant is a partnership, corporation, limited liability company, sole 

proprietorship, or other entity; 

(3) If the applicant is a corporation, the state of incorporation, and the qualification to do business 

in the State of Oltlahoma if the gaming operation is in a different State than the State of 

incorporation. 

(4) Trade name, other narnes ever used, names of any wholly owned subsidiaries or other 

businesses owned by the vendor or its principals; 

(5) General description of the business and its activities; 

(6) Whether the applicant will be investing in or loaning money to the gaming operation and, if so, 

how much; 

(7) A description of any existing and previous business relationships with the gaming industry 

generally, including ownership interests in those businesses; 

(8) A list of Indian tribes with which the vendor has an existing or previous business relationship, 

including ownership, financial, or management interests in non-gaming activities; 

(9) Names, addresses, and phone numbers of three business references with whom the company 

had regularly done business for the Last flve years; 

Revised: October 12, 2010 Page 26 of 34 
(10) The name and address of any licensing or regulatory agency with which the business has filed 

an application for a license or permit related to gaming, whether or not such lic~ense or permit 

was granted; 

(11) If the business has ever had a license revoked for any re,ason, the circumstances involved; 

(12) A list of lawsuits to which the business has been a defendant, including the name and address 

of the court involved, and the date and disposition if any; 

(13) List the business' funding sources and any liabillities of $50,000 or more. 

(14) A list of the principals of the business, their social security numbers, addresses and telephone 

numbers, title, and percentage of ownership in the company; and 

(15) Any further information the Kiowa Gaming Commission deems relevant. 

(b) The following notices shall be placed on the application form for a vendor and its principals: 

(1) Inclusion of false or ~nisleading information in the vendor application may be grounds for denial 

or revocation of the Kiowa Gaming Commission's vendor license. 

(2) All Vendors seeking licensing with the Kiowa Gaming Commission shall be subject to the 

jurisdiction of the Kiowa Tribe of Oklahoma and the Tribal Court as defined in this Ordinance. 

(c) A vendor may submit a copy of a recent license application to another jurisdiction if it contains the 

information listed above. The vendor will be required to submit in writing any changes in the 

information since the other license application was filed and any information requested by the 

Kiowa Gaming Commission not contained in the other application. 

4 100.33 Vendor Backgroirnd Investigation 

(a) The Kiowa Gaming Commission shall employ or otherwise engage a private investigator complete 

an investigation of the gaming vendor that contains, at a minimum, the following steps: 

(1) Verify of the business' incorporation status and qualification to clo business in the State where 

the gaming operation is located; 

(2) Obtain a business credit report, if available, and conduct a Better Business Bureau check on the 

vendor; 

(3) Conduct a check of the business' credit history; 

(4) Call each of the references listed in the vendor application; and 

(5) Conduct an investigation of the principals of the business, in'cluding a criminal history check, a 

credit report, and interviews with the personal references listed. 

4 100.34 Vendor License Fee 

(a) The Kiowa Gaming Commission may charge a license fee to cover its expenses in investigating and 

licensing vendors of the gaming operation. The amount of the license fee and the name of the 

vendor shaii be furnished to the Kiowa Business Committee far approval. 

Revised: October 12.2010 Page 27 of 34 
5 100.35 Vendor Background Investigation Report 

(a) The private investigator shall complete an investigative report covering each of the steps taken in 

the background investigation of the gaming vendor and its principals and present it to the Kiowa 

Gaming Commission. 

5 100.36 Exemption for Vendors Licensed by Recognized Regulatory Authorities 

(a) The Kiowa Gaming Commission may develop regulations, subject to .approval of the Kiowa Business 

Committee, naming specific licensing authorities that it recognizes and may authorize exemptions 

to the vendor licensing process for vendors which have received a license from one of the named 

regulatory authorities. 

4 100.37 Licenses for Non-Gaming Vendors 

(a) For non-gaming vendors, the Kiowa Gaming Commission ,is authorized to create a less stringent 

vendor licensing process, including a due diligence check rather than a full background 

investigation. 

(1) The Kiowa Gaming Commission may investigate such vendors when appropriate and may 

conduct audits in addition to monitoring the gaming operations purchases. 

$ 100.38 Criminal Prosecution of Gaming Crimes 

(a) All crimes including, but not limited to, gaming cheats, scams, embezzlement, etc., are subject to 

prosecution under the jurisdiction of the Kiowa Tribe of Oklahoma and the Tribal Court as defined 

in this Ordinance. 

3 100.39 Consent to Jurisdiction 

(a) Any person who applies for a license under this Ordinance, applies for employment in any gaming 

facility, enters into any contract or agreement related to gaming, or participates in any gaming on 

the Reservation, shall be deemed to consent to the civil jurisdiction of the Tribe, the Gaming 

Commission and the Tribal Court. Nothing in this Section shall limit the Jurisdiction of the Tribe, 

the Gaming Commission or the Tribal Court under any circu~mstances not explicitly contemplated in 

the Section. 

!j 100.40 Prohibited Acts 

(a) In addition to other civil and criminal acts that may be regulated or prohibited by this Ordinance, 

the Tribal-State Compact, other Tribal Law or applicable Federal law, the following shall constitute 

prohibited activities and unauthorized gaming under this Ordinance and shail subject any 

Revised: October 12, 2010 Page 28 of 34 
perpetrator to Kiowa Gaming Commission action including, but not limited to, the imposition of 

civil penalties, referral to appropriate law enforcement authorities for criminal proceedings, and 

license suspension or revocation. 

(1) Altering or misrepresenting the outcome of gaming or other event on which wagers have been 

made after the outcome of such gaming or event has been determined but before such 

outcome is revealed to the players; 

(2) Placing or increasing a bet or wager after acquiring knowledge of the outcome of the gaming or 

event which is the subject of the bet or wager, including past-posting and pressing bets; 

(3) Aiding anyone in acquiring such knowledge referred to in subsection (b) or subsection (f) of this 

Article for the purposes of increasing or decreasing any bet or wager, or for the purpose of 

determining the course of play; 

(4) Claiming, collecting or taking, or attempting to claim, collect or take, money or anything of 

value in or from a game with intent to defraud or claiming, collecting or taking an amount 

greater than the amount actually won in such game; 

(5) Knowingly enticing or inducing another to go to any place where gaming is conducted or 

operated in violation of the provisions of this Ordinance, with the intent that the other person 

play or participate in such gaming; 

(6) Reducing the amount wagered or canceling a wager after acquiring knowledge of the outcome 

of the game or other event which is the subject of the bet or wager, including pinching bets; 

(7) Manipulating, with intent to cheat or defraud, any component or part of a game in a manner 

contrary to the designed and normal functional purpose for such component or part, with 

knowledge that such manipulation will affect the outcome of the game, or with knowledge of 

any event that affects the outcome of the game; 

(8) Defrauding the Tribe, any licensee or any participant in any gaming facility; 

(9) Participating in any gaming not authorized under this Ordinance or the Tribal-State Compact; 

(10) Knowingly providing false information or making any false statement with respect to an 

application for employment or for any license, certification or determination provided for in 

this Ordinance; 

(11) Knowingly providing false or misleading information or making any false or misleading 

statement to the Tribe or the Gaming Commission in connection with any contract for services 

or property related to gaming; 

(12) Knowingly making any false or misleading statement in response to any official inquiry by the 

Commission or its agents; 

(13) Offering or attempting to offer any thing af value to a licensee in an attempt to induce the 

licensee to act or refrain from acting in a manner contrary to the official duties of the licensee 

under this Ordinance, other Tribal laws or regulations, or applicable Federal law; 

(14) Acceptance by a licensee of any thing of value with the expectation that receipt of such ting of 

value is intended, or may be perceived as intended, to induce the licensee to act or refrain from 

Revised: October 12, 2010 Page 29 of 34 
acting, in a manner contrary to the official duties of the licensee under this Ordinance, other 

Tribal laws or regulations, or applicable Federal law; 

Falsifying, destroying, erasing or altering any books, computer data, records, or other 

information relating to a gaming facility in ways other than is provided in approved internal 

control procedures; 

Talting any action which interferes with or prevents the Kiowa Gaming Commission, the 

Trustees of the KCOA, or the Tribe from fulfilling its duties and responsibilities under this 

Ordinance, other Tribal law or regulations, or Federal law; 

Entering into any contract, or making payment of any contract for the delivery of goods or 

services to a gaming facility, when such contract fails to provide for or result in the delivery of 

goods or services of fair value for the payment made or contemplated; 

Operating or conducting Class II or Class 111 Gaming on Kiowa lndian lands without a Gaming 

License issued by the Kiowa Gaming Commission; 

Possessing or carrying a firearm in a Gaming Facility on Kiowa lndian lands unless such person is 

a sworn law enforcement officer or security personnel duly licensed to carry a firearm by the 

State of Oklahoma 

Knowingly or intentionally violating any provision of this Ordinance, any rules, orders, or 

regulations promulgated by the Kiowa Gaming Commission or any provision of the Indian 

Gaming Regulatory Act or any rule, order, or regulation promulgated by the NIGC; 

Using bogus or counterfeit cards, or substitute or use any game cards that have been tampered 

with; 

Employ, possess or have on one's person any cheating device to facilitate cheating in a gaming 

activity; and 

Except as specifically permitted by the Kiowa Gaming Commission, possessing with the intent to 

use in connection with gaming, either individually, or in concert with others, any calculator, 

computer, or other electronic or mechanical device to assist in projecting the outcome or odds 

of such gaming, to keep tract of or analyze cards, or to change probabilities of any game or the 

playing strategies regularly utilized in such gaming. 

3 100.41 Criminal Acts 

(a) In addition to other civil and criminal acts that may be regulated or prohibited by this Ordinance, 

the Tribal-State Compact, other Tribal Law or applicable Federal law, and to the extent consistent 

with federal law, the following shall constitute criminal acts under this Ordinance and shall subject 

any perpetrator to prosecution in Tribal Court; 

(1) Altering or misrepresenting the outcome of gaming or other event on which wagers have been 

made after the outcome of such gaming or event has been determined but before such 

outcome is revealed to the players; 

Revised: October 12, 2010 Page 30 of 34 
(2) Placing or increasing a bet or wager after acquiring itnowledge of the outcome of the gaming or 

event which is the subject of the bet or wager, including past-posting and pressing bets; 

(3) Aiding anyone in acquiring such ltnowledge referred to in subsectio,n (;b) or subsection (f) of this 

Article for the purposes of increasing or decreasing any bet or waBer, or for the purpose of 

determining the course of play; 

(4) Claiming, collecting or taking, or attempting to claim, collect or talte, money or anything of 

value in or from a game with intent to defraud or claiming, collecting or taking an amount 

greater than tlie amount actually won in such game; 

(5) Reducing the amount wagered or canceling a wager after acquiring knowledge of the outcome 

of the game or other event which is the subject of the bet or wager, including pinching bets; 

(6) Manipulating, with intent to cheat or defraud, any component or part of a game in a manner 

contrary to the designed and normal functional purpose for such component or part, with 

ltnowledge of any event that such manipulation will affect the outcome of the game, or with 

knowledge of any event that affects the outcome of the game; 

(7) Defrauding the Tribe, any licensee or any participant in any gaming facility; 

(8) I<nowingly making any false or misleading statement in response to any official inquiry by the 

Commission or its agents; 

(9) Falsifying, destroying, erasing or altering any boolts, computer data, records, or other 

information relating to a gaming facility in ways other than is provided in approved internal 

control procedures; 

(la) Talting any action which interferes with or prevents the Kiowa Gaming Commission, the 

Trustees of the I<COA, or the Tribe from fulfilling its duties and responsibilities under this 

Ordinance, other Tribal laws or regulations, or Federal law 

(11) Possessing or carrying a firearm in a Gaming Facility on Kiowa Indian lands unless such person is 

a sworn law enforcement officer or security personnel duly licensed to carry a firearm by the 

State of Oklahoma 

(12) Using bogus or counterfeit cards, or substitute ar use any game cards that have been tampered 

with; 

(13) Employ, possess, or have on one's person any cheating device to facilitate cheating in a gaming 

activity 

(b) Any person convicted by the Tribal Court of an offense under this Section may be sentenced to up 

to one year imprisonment and a fine of not more than Five Thowand Dollars ($5,000.00) or both, 

for each separate violation or offense. Nothing in this section shall prevent the prosecution of any 

person for the violation of any provision of the laws of the Tribe. 

5 100.42 Civil Enforcement 

(a) The Iciowa Gaming Commission may take any one or a combination of the following actions with 

respect to any person who violates any provision of this Ordinance 

Revised: October 12, 2010 Page 31 oh 34 
(1) Impose a civil fine not to exceed Five Thousand Dollars ($5,000.00) for each violation, and if 

such viola.tion is a continuing violation, for each day of such violation 

(2) Suspend or revoke any gaming license issued by the Kiowa Gaming Commission 

(3) Bring an action in the Tribal Court for imposition of civil fines and remedial relief including (but 

not limited to) 

(i) restriction of Further conduct of Gaming on Kiowa lndian lands; 

(ii) suspension, revocation, or termination of the License and issuing an order suspending 

further conduct of Gaming on IKiowa lndian lands or other activities 

(iii) seizure of any gaming apparatus, proceeds, or other property if a Licensee or other person 

connected with the Gaming Operations engaged in bythe licensee; 

(iv) in case of any non-member of the Tribe, expulsion and debarment of such persons from 

Kiowa lndian lands; 

(v) collection of any unpaid fees together with interest at the rate of one percent (1%) per 

month or fraction of a month; 

(vi) execution of any nonexempt property of a violator located within the exterior boundaries 

of the Kiowa lndian lands; o 

(vii) a civil penalty of Fifty Dollars ($50.00) per day for failure to file any report required 

under this Ordinance when due and Five Hundred Dollars ($500.00) per day for failure to 

file such report after notice and demand. 

(b) The Tribal Court shall have jurisdiction over any civil action brought by the Kiowa Gaming 

Commission under this Ordinance, and also shall have the authority to impose any and all sanctions 

imposed by the Kiowa Gaming Commission pursuant to this Ordinance. Upon a finding that a 

violation of this Ordinance has occurred, the Tribal Court may impose a civil penalty as provided in 

this Section for each separate violation in addition to any or all actual damages, administrative 

costs, court costs, and attorney's fees. Each day during which unlawful gaming is conducted on 

Kiowa lndian lands shall be deemed a separate violation. 

4 100.43 Hearings and Appeals 

(a) Petition for Payment of Penalty. Any Licensee paying a penalty for late filing or failure to file a 

report for which there is an acceptable excuse may petition the Kiowa Gaming Commission for a 

credit. The petition shall be filed within thirty (30) days after the petitioner Itnew or should have 

known that payment was excusable, but not more than six (6) months after payment in any case. 

(b) Petition for Hearing and Reconsideration. Any person or entity aggrieved by a decision made or 

action taken by the !Kiowa Gaming Commission without the notice and opportunity for hearing, 

may petition the Kiowa Gaming Commission or a hearing and reconsideration. The petition shall be 

filed within thirty (30) days after the petitioner knew or should have known of the decision or 

action. 

Revised: October 12, 2010 Page 32 of 34 
(c) Petition for Review. Any person or entity aggrieved by a decision made or action taken by the 

Kiowa Gaming Commission after notice and opportunity for h,ear~ing shall have the right of appeal 

to the Tribal Court. Petitions for such appeal shall specifically set forth the reasons for aggrieving, 

and be timely only if filed with the Tribal Court no late,r than ninety (90) days after the Kiowa 

Gaming Commission's decision or action, The Tribal Court shall set the matter for hearing promptly 

after receipt of the petition, and may, upon establishing that it has jurisdiction and finds good 

cause, affirm, modify, reverse and or vacate the \Kiowa Gaming Commission's order, or order such 

other or further relief as the Tribal Court determines i's just. The Tribal Court shall have no 

jurisdiction to award money damages against the Tribe, the Kiowa Gaming Commission or any 

Commissioner thereof, or the IKOA or any Trustee thewof, except for a8n equitable accounting and 

the civil and criminal sanctions expressly provided for in this Ordinance. Except in cases where this 

Ordinance expressly authorizes de novo review of actions of the IKiowa Gaming Commission, the 

Tribal Court shall review actions of the Kiowa Gaming ,Commission upon the same basis as that 

which applies under Federal law to judicial review of actions of Federal administrative agencies. 

4 100.44 Age Prohibition 

(a) No persons under the age of twenty-one (21) shall be permitte~d to participate in any gaming either 

as a player or as an employee at any Gaming Facility, and no person under the age of twenty-one 

(21) working as an employee of a Gaming Facility shall be permitted to work on or near the Gaming 

Area or to dispense or serve Alcoholic Beverages in a Gaming Facility. 

5 100.45 Security and Surveillance 

(a) Each gaming facility must provide for full security and video surveillance within the gaming facility 

at all times. The security and surveillance departments shall interact when necessary to carry out 

their official duties and to coordinate their activities in order to best protect gaming patrons and 

the Tribal and management interests and assets of the facility. 

5 100.46 Unclaimed Winnings 

(a)Any winnings, whether property or cash, which are due and payable to a participant in any gaming 

activity, and which remain unclaimed at the end of a gaming session, shall be held in safekeeping 

for the benefit of such participant if his or her identity is itnown. Such winnings shall be held for 12 

months or such longer period as the Kiowa Gaming Commission deems reasonable in consideration 

of all relevant facts and circumstances. The Kiowa Gaming Commission shall make such efforts as 

are reasonable under the circumstances to locate such participant. At the end of the safekeeping 

period, such winnings shall revert to the ownership of the KCOA. 

(b) in the event the identity of a participant entitled to unclaimed winnings is unknown, the K~owa 

Gaming Commission shall use its best efforts to learn the identity of such individu~al; provided, 

Revised: October 12, 2010 Page 33 of 34 
however, if after six months from the time the winnings were payable, the Kiowa Gaming 

Commission has been unable to identify the individual entitled thereto, such winnings shall revert 

to the ownership of the KCOA. 

5 100.47 Denial of Waiver of Sovereign Immunity 

(a) The Kiowa Business Committee, by enacting and approving this Ordinance, does not waive the 

Sovereign Immunity of the Kiowa Tribe of Indians of Oltlahoma, the Kiowa Indian Council, the IKiowa 

Business Committee, the Kiowa Casino Operations Authority, the Kiowa Gaming Commission or any 

other Kiowa Tribal Entity. 

5 3.00.48 Amendment of Kiowa Garning Commission Ordinance 

(a) The Kiowa Business Committee hereby reserves the power and authority to amend this Ordinance. 

Revised: October 12, 2010 Page 34 of 34 
Kiowa Tribe of Oklahornit 

P.O. Box 369. Carnegie, Oklahoma. 73015 '' 2 6 

Phone: (580) 654-2300 . Fax: (580) 654-2188 '01 

KIOWA BUSINESS COMMITTEE 

RESOLUTION NO. CY-2011-57 

RESOLUTION OF THE KIOWA BUSINESS COMMITTEE AMENDING THE KIOWA 

GAMING ORDINANCE OF 2010 

WHEREAS, the Kiowa lndian Tribe of Oklahoma (the "Tribe') is a sovereign nation and 

from time immemorial has been a sovereign nation; and 

WHEREAS, the Tribe is federally recognized by the Secretary of the Interior of the 

United States as having powers of self government and as being eligible 

for the special programs and services provided by the United States to 

Indians, and its sovereignty is thereby recognized by the United States, all 

as evidenced by order of the Associate Commissioner of lndian Affairs, 

dated March 13, 2070, approving the Constitution and Bylaws of the Tribe 

(the "Constitution"); and 

WHEREAS, pursuant to the Constitution and specifically pursuant to Article V, section 

2, the Tribe has delegated to its elected representatives, the Business 

Committee ("Business Committee"), the responsibility and authority to take 

all necessary action to promulgate and enforce ordinances and codes to 

protect the general welfare of the Tribe and its members; and 

WHEREAS, pursuant to Ballot Issue 94-A-5, passed on the 18'~ day of June, 1994, the 

Kiowa lndian Council authorized the Kiowa Business Committee to 

develop and enact a Gaming Ordinance to authorize, license and regulate 

Class I1 and Class Ill gaming on Tribal Land of the Kiowa lndian Tribe of 

Oklahoma; and 

WHEREAS, by Resolution No. CY-95-39 and CY-95-40, both dated June 26, 1995, the 

Business Committee, acting pursuant to the aforesaid delegated power, 

enacted resolutions to approve and adopt the Kiowa lndian Tribe of 

Oklahoma Gaming Ordinance of 1995 and the Kiowa lndian Tribe of 

Oklahoma Gaming Facility Bonding Ordinance of 1995 (together, as 

amended, the "lndian Gaming Ordinance"); and 

WHEREAS, as required under Federal law, the Initial Gaming Ordinance was 

approved by the Chairman of the National lndian Gaming Commission 

(the "NIGC"), as indicated by that Chairman's publication of a notice of 

approval of Class Ill tribal gaming ordinances, in Volume 61, Federal 

Register, page 31963, on Friday, June 21, 1996; and 
WHEREAS, on July 21, 2001, by Resolution No. CY-2001-045, the Business 

Committee exercised its authority, as delegated to it by the Kiowa lndian 

Council and by the Constitution, to amend, in accordance with Article XIV 

of the Initial Gaming Ordinance, in certain particulars, the Initial Gaming 

Ordinance; and 

WHEREAS, by letter dated September 7, 2001, the NlGC granted its approval of the 

amendment to the Initial Gaming Ordinance; and 

WHEREAS, pursuant to Federal law, on September 8, 2005, the Chairman of the 

NlGC approved the Amended and Restated Gaming Ordinance of 2005; 

and 

WHEREAS, the Kiowa Gaming Ordinance of 2010 was approved on the 14'~ day of 

October, 2010, by Kiowa Business Committee Resolution No. CY-2010- 

614, repealing all prior Kiowa Gaming Ordinances together with the 

amendments thereto and the same was submitted to the National lndian 

Gaming Commission pursuant to Federal Law and Regulation; and 

WHEREAS, the National lndian Gaming Commission did, by letter, dated December 

loth, 2010, contact Ronald Twohatchet, Chairman of the Kiowa Tribe of 

Indians of Oklahoma and did state that it would be necessary for the 

Kiowa Gaming Ordinance of 2010 to be amended before the same would 

be approved by the National lndian Gaming Commission; and 

WHEREAS, the Business Committee for the Kiowa Tribe of Indians of Oklahoma find 

no objection to the amendments requested by the National lndian Gaming 

Commission and hereby make the following amendments to the Kiowa 

Gaming Ordinance of 2010: 

1. §100.10(d), Page 17 of the Kiowa Gaming Ordinance of 2010, is hereby 

amended as follows: 

All contracts for supplies, services, or concessions for a contract 

amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to such gaming 

shall be subject to such independent audits. 25 U.S.C. 

971 O(b)(2)(D). 

2. §100.20(a)(l), Page 20 of the Kiowa Gaming Ordinance of 2010, is 

hereby amended as follows: 

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. s2701 et seq. The purpose of the 

requested information is to determine the eligibility of individuals to 

be granted a gaming license. The information will be used by the 

Tribal gaming regulatory authorities and by the National lndian 
Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The 

information may be disclosed to appropriate Federal, Tribal, State, 

local or foreign law enforcement and regulatory agencies when 

relevant to civil, criminal or regulatory investigations or prosecutions 

or when pursuant to a requirement by a tribe or the National Indian 

Gaming Commission in connection with the issuance, denial, or 

revocation of a gaming license, or investigations of activities while 

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

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

unable to license you for a primary management official or key 

employee position. The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply a SSN may result in 

errors in processing your application. 

3. §100.20(b)(l), Page 20 of the Kiowa Gaming Ordinance of 2010, is 

hereby amended as follows: 

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

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment (US. 

Code, title 18, section 1001). 

NOW, THEREFORE IT BE AND IT IS HEREBY RESOLVED that the Kiowa Gaming 

Ordinance of 2010 be and the same is hereby amended in the following particulars, towit: 

1. §100.10(d), Page 17 of the Kiowa Gaming Ordinance of 2010, is hereby 

amended as follows: 

All contracts for supplies, services, or concessions for a contract 

amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to such gaming 

shall be subject to such independent audits. 25 U.S.C. 

5271 O(b)(2)(D). 

2. §100.20(a)(l), Page 20 of the Kiowa Gaming Ordinance of 2010, is 

hereby amended as follows: 

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. 52701 ef seq. The purpose of the 

requested information is to determine the eligibility of individuals to 

be granted a gaming license. The information will be used by the 

Tribal gaming regulatory authorities and by the National Indian 

Gaming Commission members and staff who have need for the 

information in the performance of their official duties. The 

information may be disclosed to appropriate Federal, Tribal, State, 

local or foreign law enforcement and regulatory agencies when 

relevant to civil, criminal or regulatory investigations or prosecutions 
or when pursuant to a requirement by a tribe or the National Indian 

Gamina Commission in connection with the issuance, denial, or 

revocation of a gaming license, or investigations of acivities 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 license you for a primary management official or key 

employee position. The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply a SSN may result in 

errors in processing your application. 

3. §100.20(b)(l), Page 20 of the Kiowa Gaming Ordinance of 2010, is 

hereby amended as follows: 

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

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment (US. 

Code, title 18, section 1001). 

AND BE IT FURTHER RESOLVED, that all other sections and provisions of the Kiowa 

Gaming Ordinance of 2010 shall remain in full force and effect. .................................................................................................... 

CERTIFICATION 

The foregoing Resolution No. CY-2011-57 was duly adopted at a Special Kiowa 

Business Committee meeting, held on May 11, 2011, at the Kiowa Tribal Complex, 

located in Carnegie, Oklahoma, with majority vote of ( 5 ) for, ( 0 ) against and ( 0 ) 

abstentions, a quorum being present. 

ATTEST: WITNESS: 
Kiowa Tribe of Oklahorna 

P.O. Box 369 . Carnegie, Oklahoma. 73015 

Phone: (580) 654-2300. Fa: (580) 654-8714 

KIOWA BUSINESS COMMITTEE 

FIRST AMENDMENTS TO 

THE KIOWA GAMING ORDINANCE OF 2011 

Pursuant to a Resolution No. CY-2011-614, of the Kiowa Business Committee of the 

Kiowa Tribe of Indians of Oltlahorna, passed and enacted on the 14& day of October, 2010, 

the Kiowa Gaming Ordinance of 2010, was enacted and the saine is hereby amended as 

fol1ows: 

1. §lOO.lO(d), Page 17 of the ICiowa Gaining Ordinance of 2010, is hereby 

amended as follows: 

All contracts for supplies, services, or concessions for a contract 

amount in excess of $25,000 annually (except contracts for 

professional legal or accounting services) relating to such gaming shall 

be subject to such independent audits. 25 U.S.C. §2710(b)(2)(D). 

2. $100.20(a)(l), Page 20 of the Kiowa Gaming Ordinance of 2010, is hereby 

amended as follows: 

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

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

by 25 U.S.C. $2701 et seq. The purpose of the requested information 

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

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

authorities and by the National Indian Gaining 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 Coininission in connection with the issuance, 

denial, or revocation of a gaming license, or investigations of activities 

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

to the disclostues indicated in this notice will result in a tribe's being 

unable to license you for a primary management official or key 

employee position. The disclosure of your Social Security Number 

(SSN) is voluntary. However, failure to supply a SSN may result in 

errors in processing your application. 

3. $100.20(b)(l), Page 20 of the Kiowa Gaming Ordinance of 2010, is hereby 

amended as follows: 
A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment (US. 

Code, title 18, section 1001). 

All other sections and provisions of the ICiowa Gaming Ordinance of 2010 shall 

remain in kll force and effect. 

Approved and executed this 1 lth day of May 201 1. 

WITNESS: 

PO Box 369 

Camegie, OIC 73015 

580-654-1729 

ATTEST: