Jeff Houser, Chairman 

Fort SilI Apache Tribe of Oklahoma 

Route 2, Box 121 

Apache, OK 73006 

Re: Approval, Fort Sill Apache Tribe of Oklahoma gaming ordinance 

Dear Chni~man Houser: 

This is in response to your request for the approval of the amended Fort Sill 

Apache Tribe of Oklahoma gaming ordinance adopted by Resolution # FSABC-2010-22 

on December 1,201 0, and received by the National Indian Gaming Commission on 

February 16,20 1 1. The amended ordinance makes several changes, including amending 

the definitions of key employee and primaly management oflcial to conform to recent 

NIGC regulation changes, and adding language to the sections that address the need for 

Privacy Act and false statement notices on license applications to conform to recent 

NIGC regulation changes. 

Thank you for working with the NIGC to make these necessary changes. The 

ordinance is approved as it is consistent with the requirements of the Indian Gaming 

Reglatory Act and the NIGC's regulations. As noted in the approving resolution, this 

amended ordinance supersedes all previously approved gaming ordinances. 

If you have any questions, please feel free to contact Senior Attorney Maria 

Getoff at (202) 632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

cc: Alan Fedman, Esq. 

~nmo~nz HEADQUARTERS 74b3 1 St, NW, S~I+P 91CIC, lYY~:l~~ip.tclrk, DC 20005 TrE. X2.632 7003 Fax 707 537.7366 www.~~cc.cov 

REGIONAL OFFICES Pot%ind, OR. 5a~ram~'~t~. CA: Phorrr~x. A7, 5t Paul, MN, Tuixz. OK 
FORT SILL - CHIRICA'HUA - WARM SPRINGS - APACHE TRIBE 

PHONE: (580) 588-2298 1 2314 * FAX: (580) 588-31 33 

TOLL FREE: 1-87742M726 

R0WE 2, BOX 121 APACHE, OKLAHOMA JW 

iiJ2 2 

1 E2-J 

FSABC-20 10- 2 2 

RESOLUTION 

RESOLUTION TO AMEND GAMING ORDINANCE 

. r 

WHEREAS, the FORT SILL APACHE WBE OF OKLAHOMA is a Federally recognized 1 

Indian Trihe organized ~der the Oklahoma Indian Welfare Act of June 26, 1936, and under its : 

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

WHEREAS, the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee . . has, the duty and responsibility to represent the Tribe and act on all matters that concern the 

welfare of the Tribe pursuant to Article TV and Article Vfl of the Constitution of the FORT SILL 

APACHE TRIBE OF OKLAHOMA; and 

WHEFEAS, the FORT.SILL APACHE TRIBE OF OKLAHOMA Tribal Business Committee 

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

1 

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

February 16, 1999, approved and amended the Tribal Gaming Ordinance with authorization to . 8 

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

' I 

I 

WWESAS, the FORT SELL APACHE WRE OF OKLAHOMA Tribal Business Committee ' 

" on August 26, 1999, amended the Tribh1 Gaming Ordinance; and 

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

on Jqte 5,2003, amended the Tribal Gmhg Ordinance; and . 

WHERFAS; the FORT SILL APACHE TRIBE OF OKLAHOMA Tribal Business ~orrirhittee 

desires to again amend the Gaming Ordinance; and 

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

OKLAHOMA Tribal Business Committee on this date of December 1, 20 10, approves fhe 

' Amended Gaming Ordinance in its entirety which supersedes the Gaming Ordinances 

approved on October f 4, I 998, February 1 6, 1 999, August 26, 1 999, March l I, 2003. and 

June 5,2003. 

MOUNTAIN SPIRIT OAWER 

Mwnmvr Spirit Damr represents the Mountain Spnl Ceremony wnich is med by UIB Clnticahw, and Wan Sprmgs Apame. I 

11 was grven to he Apaches by ma Maunraln Sptm for Illessmg, prolechoo. curing and ward~ng 017 d~seases. The Ceremy ts st141 used loday. I 

I I 
BE TT FURmR RESOLVED, hat: these documents are to be interpreted in a manner that 

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

OKLAHOMA. 

LELAND MICHAEL DARXiOW 

CERTIFICATION 

The foregoing resolution FSABC-2010- 2 3 was adopted in a duly called meeting of the 

FORT SILL APACHE TRIBE OF OKLNIOMA Business Committee at Apache, 

Oklahorna,onDecember / ,2020,by avoteof 5 for and 0 

againstand abstention,aquorumbeingpresent.Thisenactmentis 

approved by the Chairman of the FORT SILL APACHE TRIBE OF OKLAHOMA under the 

authority of Article IV and Article VIE1 of the Tribal Constitution. 

LELAND MICHAEL DARROW 

Secretary 

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

By and through its delegated representatives: 

I 

I 

i C iman P commit% Member 
oiim wQ4-A 

ROBIN ISOM 

Vice-Chairman Committee Member 

LELAND MICI3AE1, DARllQW 

Secretary-Treasurer Committee Member 

Approved by the Tribal Anorney on this 1st day of December, 2010. 

ROBERT E. PRINCE 

Tribal Attorney . I. 
FORT SILL APACHE TRIBE OF OKLAHOMA 

GAMING ORDINANCE 

Amended by the Fort Sill Apache Tribe of Oklahoma 

Business Committee on the 1st day of December ,2010 
FORT SILL APACHE TRIBE OF OKLAHOMA GAMING 

ORQrnANCE 

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

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

ordinances, hereby enacts this Ordinance in order to set the terms for Class I1 and Class TI1 

gaming operations on lands over which the Tribe exercises jurisdiction pursuant to applicable 

federal statutes. 

IT. GAMING AUTHORIZED 

Class 11 and Class I11 gaming, as defined in the Indian Gaming Regulatory Act, 

P.O. 100-447, 25 U.S.C. Section 2703 (7) (A) ("FGW) and by the regulations promulgated by 

the National Indian Gaming Commission at 25 C.F.R. §$ 502.3 and 502.4 (as published in the 

Federal Register at 57 FR 12382-12393, April 9, 19921, is hereby authorized on Indian Land as 

defined in 25 C.F.R. 502.12 

111. OWNERSHIP OF GAMING 

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

any gaming operation authorized by this Ordinance. 

IV. USE OF GAMING REVENUE 

A. Net revenues from Class IT and Class 111 gaming shall be used only for the 

following purposes: to fund Tribal government operations and programs; provide 

for the general welfare of the Tribe and its members; promote Tribai economic 

development; donate to charitable organizations; or help fund operations of local 

government agencies. 

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

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

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

C. If the Tribe elects to make per capita payments to Tribal members, it shaIl 

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

of the Interior under 25 U.S.C. 5 27 1 0 (b) (3). 

V. FORT SILL APACHE GAMING COMMISSION 

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

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

five (5) members appointed by a majority vote of the Fort Sill Apache Tribe 

Business Committee. There shall be three (3) Tribal members on the Commission 
and two (2) persons who are not Tribal members. All Commission members must 

be at least twenty-one (21) years of age. 

Commission membership shall include one (1) each of the following persons: 

1. A person with management or regulatory experience within the private 

sector or a governmental agency, preferably Tribal government; and 

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

a bachelor's degree in accounting or related field and at least five (5) years 

of accounting experience. 

a. Commissioners shall serve for terns of three (3) years and may be removed from 

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

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

Committee. 

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

shall appoint the first Commissioners as follows: two (2) shall serve a one (I) year 

term, two (2) shall serve a two (2) year term, one (I) shall serve a three (3) year 

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

appointment shall run for three (3) years. 

Vacancies shall be filled within sixty (60) days by the Commission, with the 

approval of the Fort SiIl Apache Business Committee, provided, however, that rt 

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

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

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

seeks reappointment. When a vacancy occurs, notice of such vacancy shall be 

published and posted, for at least fifteen (15) days. The notice shall identify the 

qualifications, if any, specific to the vacancy and request interested parties to file 

a statement with the Commission reflecting their qualifications and interest in 

serving as a Commission member. Upon termination of the notice period, the 

Commission shall develop selection procedures which are designed to promote 

appointment of the most qualified person. 

D. Commissioners may hold other Tribal positions and may engage in business and 

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

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

this Ordinance. Additionally, immediate family members of commissioners may 

not own any interest in or gamble in a gaming operation authorized by this 

Ordinance. 

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

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

Commissioners shalI be reimbursed for actual expenses incurred on Commission 

business, including necessary travel expenses, in a manner consistent with the 

applicable policies and procedures of the Tribe. 
F. The Commission shall adopt bylaws for the conduct of business, which shall 

include the following provisions: 

1. The Commission shall select annually from its membership a Chair, ViceChair and Executive Secretary. The Chair shall have the power to convene 

special meetings with not Iess than forty-eight (48) hours written or verbal 

notice to members of the Commission. 

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

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

Commission may only take official action while in executive session on 

Commission personnel and licensing matters. 

4. A quorum shall consist of three (3) members. All decisions shall be made 

by a majority vote provided, however, that no Commission action shall be 

taken by a vote of less than a majority of the full Commission unless 

indicated otherwise in this Ordinance or the Bylaws. 

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

Committee within thirty (30) days of the end of each quarter. The reports shall 

include a summary of all licensing and enforcement actions. 

M. The Commission shall exercise all powers necessary to regdate gaming on 

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

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

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

determinations, to conduct disciplinary hearings, to hear player dispute appeals, 

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

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

disputes regarding any provision of this Ordinance and rules and regulations 

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

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

administration of all gaming activities. The Commission shall Rave the authority 

to approve, deny, limit, condition, suspend, revoke, or restrict any license, or 

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

any cause deemed reasonable. 

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

1. Processing a31 license applications, making determinations regarding the 

suitability of persons for licensing, issuing Iicenses to qualified persons, 

and notifying the NIGC of the issuance of such licenses as required by the 

IGRA; 

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

when deemed necessary under the provisions of this or any related law of 

the Tribe, or any appIicabIe Federal or State law; 
Causing to be conducted background investigations on all Primary 

Management Officials, Key Employees, High Security Gaming Licensees, 

Low Security Gaming Licensees, Vendors, Commission employees and 

members of the Commission. The Commission shall retain applications 

and reports of background investigations of Primary Management 

OfficiaIs and Key Employees for no less than three (3) years from 

termination of employment; 

Designing, printing and making available all necessary license application 

forms and appropriate licenses; 

Collecting license fees imposed pursuant to this Ordinance or rule or 

regulation promulgated by the Commission; 

Inspecting and examining all premises, equipment and supplies where 

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

distributed; 

Inspecting and reviewing gaming contracts to ensure compliance with this 

Ordinance; and inspecting and reviewing records, books, and financial 

documents relating to the conduct of gaming to determine compliance by 

the licensee with this Ordinance and any other applicable law; 

Promulgating and amending such substantive and procedural regulations 

as the Commission deems necessary to carry out this Ordinance, but only 

upon thirty (30) days notice of the proposed rulemaking, which notice 

shall be posted at the gaming facility and the Tribal offices, and provided 

to the Fort Sill Apache Business Committee; 

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

language of the proposed regulation, and the factors the Commission has 

considered in its determination to enact the proposed regulation, and an 

address at which the Commission shall receive comments; 

During the notice period, the Commission shall receive comments 

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

designated mailing address; 

The Commission shall consider comments received by it at an open public 

meeting. The Commission shalI make a final determination regarding the 

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

and the effective date of the proposed reguIation on the basis of the 

information available to the Commission; 

A final determination to enact a proposed regulation may be appealed to 

the Fort Sill Apache Tribe Business Committee; 
13. Consulting with the Tribal Attorney on legal questions, appeals and 

rulemaking; 

Imposing civil penalties or other sanctions including seizure of property, 

after a hearing as provided by this Ordinance; 

Excluding individuals from the gaming facility due to his or her criminal 

acts, criminal history or association with career oflenders or career 

offender organizations (as defined by the Commission) which may pose a 

threat to the security and integrity of the gaming operation; 

Defending this Ordinance in any court of law or before any federal 

agency; 

The Gaming Commission shall propose an annual budget for the 

Commission's operations pursuant to the provisions of this Ordinance, 

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

Commission members, attorneys and any employees or agents thereof, 

reasonably necessary to the activities of the Commission in carrying out 

the duties of the Commission under this Ordinance, or any rules andlor 

regulations promulgated in support hereof; 

Take testimony and conduct hearings on regulatory matters, incIuding 

matters related to the revocation of Primary Management Officials and 

Key Employee licenses; 

Conduct investigations of possible violations and take appropriate 

enforcement action with respect to gaming ordinances and reguIations; 

Establish or approve minimum internal control standards or procedures for 

the gaming operation, including the operation's credit policies and 

procedures for acquiring supplies and equipment; 

Establish any supplementary criteria for the licensing of Primary 

Management Oficials, Key Employees, and other employees that: the 

Commission deems necessary; 

Establish standards for and issue licenses to persons and entities who deal 

with the gaming operation such as manufacturers and suppliers of 

machines, equipment and supplies; 

Maintain records on licensees and on persons denied licenses including 

persons otherwise prohibited fiom engaging in gaming activities within 

the Commissions jurisdiction; and 

Establish or approve rules of various games, and inspect games, tables, 

equipment, machines, cards, dice, and chips or tokens used in the gaming 

operations. Establish or approve video surveillance standards. Establish 
standardslcriteria for gaming machines and facilitate the testing of 

machines for compliance. 

J. A Commissioner's seat shall be immediateIy vacant upon conviction of any 

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

upon having three (3) consecutive unexcused absences from Commission 

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

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

Tribal position for personal gain, failure to perform Commission duties 

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

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

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

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

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

things as it may deem necessary or desirable in carrying out its functions, and 

incur such other expenses, within the limit of funds available to it, as it may deem 

necessary. Within the limits of its approved budget, the Commission shall employ 

and fix the salaries of, or contract for, the services of such personnel and 

consultants as the execution of its duties requires. The annual Commission budget 

shall be published with the Tribe's Annual Budget. 

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

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

inspection as the Business Committee deems appropriate, unless otherwise 

restricted by Tribal, State or Federal law. Files and records shall not be removed 

from the Commission offices. 

VI. GAMING COMMISSION DIRECTOR 

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

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

gaming activities, including the implementation and enforcement of the rules and 

regulations promulgated by the Commission. No one convicted of a felony of any 

kind or a misdemeanor related to iIlegaI gambling or bribery may serve as 

Director. The Director shalI not have any financial interest in any gambling by 

any gaming facility patron. 

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

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

felony or for any misdemeanor related to illegal gambling or bribery. If the 

Director is determined to have violated any part of this Ordinance, or has behaved 

in a manner that the Commission finds relates to the Director" honesty or ability 

to fulfill his duties, he shall be immediately terminated. 

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

exercise all powers, assume and discharge all responsibilities, and carry out and 
effect all purposes of this Ordinance related to the establishment of all gaming 

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

security, honesty, and fairness of the operation and administration of all gaming 

activity. The duties of the Director include, but are not limited to, the following: 

1. Confirm that management is carrying out its responsibility as provided for 

in this Ordinance; 

2. Communicate with the NIGC and other regulatory and law enforcement 

agencies as necessary and appropriate to ensure compliance with the rules 

and regulations of that agency; 

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

applicants and licensees and that oversight of licensees is conducted on an 

ongoing basis. The Director will ensure that all applications and 

background investigations are completed so that no person shall be 

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

operation if that person's prior activities, criminal record, if any, or 

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

the effective regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming. The Director shall ensure that the NTGC is given 

res~lts of such background checks, if required by NIGC; 

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

to enforcement of any provisions of this Ordinance; 

5. Recommend to the Commission whether sanctions should be imposed on 

any person subject to the jurisdiction of this Ordinance; and 

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

regulations. 

VIE. AUDIT 

A. The Tribe shall cause to be conducted annually an independent audit of gaming 

operations by a certified public accountant and shall submit the resulting audit 

reports and management letters within one hundred twenty (120) days after the 

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

Commission and to the Business Committee. The auditor shall have unrestricted 

access to all areas of the gaming operation, including all books and records of the 

gaming operation, and the Audit shaIl comply with a11 minimum internal control 

standards and shall be prepared in accordance with generally accepted accounting 

principles and shall be conducted in accordance with general accounting auditing 

standards. 
B. The Tribe shall reconcile its quarterly fee assessment reports (submitted under 

25 C.F.R. Part 5 14) with its audited financial statements, and make available such 

reconciliation upon request by the Cornmissionk authorized representative. 

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

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

legal and accounting services, shaIl be specifically included within the scope of 

the Audit that is described in subsection A above. 

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

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

and addressed as foEIows: Chairperson, Fort Sill Apache Tribe of Oklahoma, 

Route 2, Box 12 1, Apache, Oklahoma 73006. 

VIII. PROTECTION OF THE ENVIRONMENT AND PUBLIC HEALTH AND SAFETY 

Class TI and Class 111 gaming facilities shall be constructed, maintained and operated in a 

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

LICENSES FOR KF,Y EMPLOYEES AND PXUMARY MANAGEMENT OFFICIALS 

The Commission shall ensure that the policies and procedures set out in this section are 

implemented with respect to Key Employees and Primary Management Officials employed at 

any Class 11 and Class I11 gaming enterprise operated on Indian lands; that the Tribe will perform 

background investigations and issue licenses according to requirements at least as stringent as 

contained in 25 C.F.R. Parts 556 and 558. 

A. Definitions 

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

respectively ascribed to them in this section: 

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

recognized Tribe under the Oklahoma lndian Welfare Act. 

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

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

specific authority to decide and carry out the aims of this Ordinance and 

the Tribe's General Council. 

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

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

Section 27 1 O(d)(l)(c) of the Indian Gaming Regulatory Act of 1998, 

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

approved by the Secretary. 
e. "Gambling equipment" shall mean any and all goods, materials, machines 

or devices used to conduct gaming activities by the Tribe. 

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

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

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

play, money, property, or any represenbtive of value wherein the outcome 

of a game is decided by chance or in which chance is a material element, 

but does not include socia1 games played for solely for consumable goods 

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

or games operated by charitable and educational organizations which are 

approved by the Council. 

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

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

Class 111 gaming as delineated by the Indian Gaming Regulatory Act of 

1988, 25 USC sec. 2701, et. seq., andlor by virtue of the Tribe's exercise 

of its governmental powers and authority as a sovereign nation. 

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

conducts the management of gaming at a Tribal gaming enterprise, 

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

the Tribe itself (including any subdivision thereof). 

I. "Gaming test laboratory" shaIl mean a laboratory designated as competent 

and qualified to conduct scientific tests and evaluations of games of 

chance and related equipment and/or a laboratory operated by or under 

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

Colorado, California, or South Dakota. 

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

States Congress adopted on October 17, 1988, as Public Law 1 00-597, 

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

k. "Key Employee" means: 

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

Bingo caller; 

Counting room supervisor; 

Chief of security; 

Custodian of gaming suppIies or cash; 

Floor manager; 

Pit boss; 

Dealer; 

Croupier; 

Approver of credit; w 
Custodian of gambling devises including persons with 

access to cash and accounting records within such devices. 

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

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

3. If not othewise included, the four (4) most highly compensated 

persons in the gaming operation; and 

4. Any other person designated by the Tribe as a Key Employee. 

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

act (which, without such permission, shall be illegal). A license, with 

respect to Class I1 and Class 111 gaming, is a privilege to go on the 

premises for a certain purpose, but does not operate to confer on, vest in, 

or license any title, interest, or estate in such property. 

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

pursuant to the provisions of this Ordinance. 

n. "Primary Management Official" means: 

1. The person having management responsibility for a management 

contract; 

2. Any person who has authoriq: 

a. To hire and fire employees; or 

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

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

management responsibility; and 

4. Any other person designated by the Tribe as a Primary 

Management Official. 

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

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

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

defined by the Indian Gaming Regulatory Act of 1988, codified at 

25 U.S.C. sec 2703(8). 

P- "Shall" as used in this Ordinance imposes an obligation to act. 
4. '"lass 11 gaming," as defined by 25 C.F.R. 502.3, means: 

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

technologic aids are used) when players: 

a. Play for prizes with cards bearing numbers or other 

designations; 

b. Cover numbers or designations when object, similarly 

numbered or designated, are drawn or eIectronically 

determined; and 

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

designated pattern on such cards; 

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

boards, tip jars, instant bingo and other games similar to bingo; 

3. Non-banking card games that: 

a. State law explicitly authorizes, or does not explicitly 

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

b. Players play in conformity with state laws and regulations 

concerning hours, periods of operation, and limitations on 

wagers and pot sizes; 

r. "Class 111 gaming," as defined by 25 C.F.R. 502.4, means all fonns of 

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

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

a. Card games such as baccarat, chemin de fer, blackjack (211, 

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

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

2. Any slot machines as defined in 15 U.S.C. 1171(a)(l) and 

electronic or electromechanical facsimiles of any game of chance; 

3. Any sports betting and parimutuel wagering, including, but not 

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

4. Lotteries: 

a. "Gaming Commission" shall mean the Fort SiIl Apache 

Gaming Commission. 
E. Application Forms 

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

Employee or a Primary Management Official before that form is filled out 

by an applicant: 

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

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

25 U.S.C. 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 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 

Oficial or Key Employee position. The disclosure of your Social Security 

Number (SSN) is voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

2. Existing Key Employees and Primary Management Officials shall be 

notified in writing that they shall either: 

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

notice; or 

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

to the routine uses described in that notice. 

3. The Following notice shall be placed on the application form for a Key 

Employee or a Primary Management Official before that form is filled out 

by an applicant. 

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 dine or imprisonment 

(U.S. Code, titIe 18, section I00 1). 

4. The Commission shall notify, in writing existing Key Employees and 

Primary Management Officials that they shalI either: 

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

false statements; or 
(b) Sign a statement that contains the notice regarding false 

statements. 

C. Background Investigations 

1. The Commission shall request from each Primary Management Official 

and from each Key Employee all of the following information: 

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

number(s), birth date, place of birth, citizenship, gender, all 

languages (spoken or written); 

(b) Currently and for the previous five (5) years: business and 

employment positions held, ownership interest En those businesses, 

business and residence addresses, and drivers license numbers; 

(c) The names and current addresses of at least three (3) personal 

references, including one (1) personal reference who was 

acquainted with the applicant during each period of residence 

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

(d) Current business and residence telephone numbers; 

(el A description of any existing and previous business relationships 

with the Jndian tribes, including ownership interest in those 

businesses; 

(f) A description of any existing and previous business relationships 

with the gaming industry generally, including ownership interests 

in those businesses; 

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

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

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

granted; 

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

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

and the date and disposition if any; 

(i) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within ten (10) 

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

court involved and the date and disposition; 

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

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

within ten (10) years of the date of the application and is not 
otherwise listed pursuant to paragraph (l)(h) or (I)(i) of this 

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

involved and the date and disposition; 

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

which the person has filed an application for an occupational 

license or permit, whether or not such license or permit was 

granted; 

(I) A current photograph; 

(m) Any other information the Commission deems relevant; and 

(n) Fingerprints consistent with procedures adopted by the 

Commission according to 25 C.F.R. 5 522.2 (h). Fingerprints of all 

Employees and Primary Management Officials shall be taken by 

the Fort Sill Apache Tribe of Oklahoma Police Department, the 

Comanche County Sheriffs office, the Lawton Police Department, 

or the RIA Police Department in Anadarko, and the Tribal Gaming 

Commission shall thereaRer immediately submit such fingerprint 

cards to the National Indian Gaming Commission for processing. 

The Gaming Commission shall have the Fort Sill Apache Tribe of 

Oklahoma Police Department, the Comanche Counfy Sheriffs 

Ofice, the Lawton Police Department, or the BIA Police 

Department in Anadarko conduct a criminal history check to 

include a check of records information maintained by the Federal 

Bureau of Investigation, and the results of such information shall 

be returned to the Gaming Commission. 

2. The Commission shall conduct a background investigation suff~icient to 

make a determination under subsection D beIow that the information 

provided by the prospective employee or Primary Management Official is 

correct and accurate to include interviewing a sufficient number of 

references and knowledgeable individuals and former employers of the 

applicant to provide a basis for the Commission to make a determination 

of suitability for employment). In conducting a background investigation, 

the Commission or its agent shall promise to keep confidential the identity 

of each person interviewed in the course of the investigation. 

3. If the Commission has received an investigative report concerning an 

individual whom another tribe wishes to employ as a Key Employee or 

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

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

the investigation and update the investigative report. 
D. Eligibility Determination 

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

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

concerning the eligibility of a Key Employee or Primary Management 

Official for employment in a gaming operation, and the Commission shall 

document all potential problem areas noted and disqualifying information. 

2. If the Commission determines that employment of the person poses a 

threat to the public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or iIlegal practices and 

methods and activities in the conduct of gaming, a Tribal gaming 

operation shall not employ that person in a Key Employee or Primary 

Management Official position. 

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

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

(90) days. 

E. Procedures for Forwarding Applications and Reports for Key Employees 

and Primary Management Officials to the National Indian Gaming 

Commission 

1. When a Key Employee or Primary Management Official begins work at a 

gaming operation authorized by this Ordinance, the Commission shalt 

forward to the National Indian Gaming Commission a completed 

application for employment that contains the notices and information 

listed in 25 C.F.R. Sections 556.2, entitled Privacy Notice; 556.3, entitled 

False Statement; and 556.4, entitled Background Investigation, and 

conduct the background investigation and make the determination referred 

to in subsection D of this section. 

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

this section to the National Indian Gaming Commission within sixty (60) 

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

approval of this Ordinance by the Chairman of the National Indian 

Gaming Commission. 

F. Report to the National Indian Gaming Commission 

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

Commission shall prepare and forward to the National Indian Gaming 

Commission an investigative report on each background investigation. An 

investigative report shall include all of the following: 

a. Steps taken in conducting a background investigation; 

b. Results obtained; 
c. Conclusions reached; and 

d. The basis for those condusions. 

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

determination made under subsection D of this section. 

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

a. Shall notify the National Indian Gaming Commission; and 

b. May forward copies of its eligibility determination and 

investigative report (if any) to the NationaI Indian Gaming 

Commission for inclusion in the Indian Gaming Individuals 

Records System. 

4. With respect to Key Employees and Primary Management Officials, the 

Commission shall retain applications for employment and reports (if any) 

of background investigations for inspection by the Chairman of the 

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

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

G. Granting a Gaming License 

1. If, within a thirty (30) day period after the National lndian Gaming 

Commission receives a report, the National Indian Gaming Commission 

notifies the Commission that it has no objection to the issuance of a 

license pursuant to a license application filed by a Key Employee or a 

Primary Management Official for whom the Commission has provided an 

application and investigative report to the National lndian Gaming, 

Commission, the Commission may issue a license to such applicant. 

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

from the Chairman of the National lndian Gaming Commission 

concerning a Key Employee or a Primary Management Official who is the 

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

paragraph G. 1. of this section until the Chairman of the National Indian 

Gaming Commission receives the additional information. 

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

Gaming Commission provides the Commission with a statement itemizing 

objections to the issuance of a Iicense to a Key Employee or to a Primary 

Management Official for whom the Commission has provided an 

application and investigative report to the National Indian Gaming 

Commission, the Commission shall reconsider the application, taking into 

account the objections itemized by the National Indian Gaming 

Commission. The Commission shall make the final decision whether to 

issue a license to such applicant. 
H. Drug Testing 

Each Commission Member, Commission employee, Primary Management 

Official, and Gaming Licensee, upon selection or hire and prior to appointment or 

Iicensure, shall undergo urinalysis to test for drug use, the resuIts of which may be 

used in appointment and licensing determinations. 

I. Licensing Procedures 

1. Application for Distributors of Video Games of Chance and Gambling 

Devices: 

The application for any person, organization or entity wishing to sell, lease 

or otherwise distribute Class I1 and Class TI1 gaming equipment andlor 

video games of chance to the Tribe shall contain the following 

information: 

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

making the application; 

the names and addresses of all interested parties (including 

those with direct or indirect financial. interests); 

the nature of the license applied for; 

the type of activity to be engaged in under the license; 

explicit and detailed disclosure of any criminal record, 

including any delinquent taxes or other monies owed to the 

Tribe, of the applicant, any person involved in the 

organization, and any party of interest whose name appears 

on the application; 

any additional information necessary to allow the Tribe or 

the State of Oklahoma to investigate the applicant or any 

person included on the application; 

whether the applicant has been property licensed by the 

State of Oklahoma pursuant to Oklahoma law or any other 

federally recognized Oklahoma Tribe and proof of being 

the holder of a current and valid distributor or manufacturer 

license from the Tribe; or properly licensed and holding a 

current and valid Iicense from either the State of 

New Jersey, Minnesota, Wisconsin, Kansas, Nevada, or 

South Dakota, or any other federally recognized Tribe of 

Indians. 

Whether the applicant has ever had a distributor or 

manufacturer license revoked or suspended by any state or 

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

circumstances surrounding the state's action; 

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

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

is required to appear on the application; 

j. Whether the applicant or any person whose name is 

required to appear on the application maintains any 

involvement in the, business of whoIesaIe distribution of 

aIcoholic beverages. 

2. Machine License: 

In addition to a distributor Iicense provided for in Section 1, the person or 

entity with whom the Tribe enters into a Iease or sales agreement 

regarding video games of chance must obtain from the Gaming 

Commission an annual non-transferable Iicense for each video game of 

chance to be placed in a gaming enterprise operating under the provisions 

of this Ordinance. An application for a license for a video game of chance 

shall contain the following information: 

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

current and valid distributor or manufacturer license issued 

by a state and the Tribe; 

b. Identification numbers of codes for each video game of 

chance placed in a Tribal gaming enterprise, including the 

manufacturer, the serial number and the model number; 

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

approved gaming test laboratory w proof that the video 

game of chance conforms precisely to the exact 

specifications of the video game of chance prototype tested 

and approved by the gaming test laboratory; 

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

Compact; 

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

issued by the Tribe pursuant to this Ordinance; and 

f. Upon issuance, the Gaming Commission shall have 

attached to each video game of chance licensed under the 

provisions of this Ordinance, an unremovable identification 

plate on the exterior cabinet which contains the information 

required by a Tribal Compact, Ordinance, or Regulation. 

3. Classes of Licenses: 

Upon proper application and approval, the following classes of licenses 

may be issued by the Gaming Commission: 

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

management firm or entity wishes to conduct traditional 

bingo and other similar Class 11 games of chance at a Tribal 

gaming enterprise; the license shall be site specific, valid 
for a period of one (1) year and shall have an application 

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

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

management firm or entity wishes to conduct video games 

of chance or other Class 111 gaming subject to a Tribal 

Compact Ordinance or at a Tribal gaming enterprise; the 

license shall be site specific, valid for a period of one (1) 

year and shall have an application fee of $2,500.00 and a 

renewal fee of $250.00. 

c. Class C license to any Primary Management Official or 

Key Employee thereof who wishes to be licensed for 

employment in conducting games of chance or other 

gaming subject to other compacts at a Tribal gaming 

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

period of one (I) year and shall have an application fee of 

$200.00 and a renewal fee of $20.00. 

d. Class D license to any distributor or manufacturer of 

Class Ill gambling equipment and/or video games of 

chance to be used in a Class 11 and Class IT1 Tribal gaming 

enterptise; the license shall be valid for a period of one (1) 

year and shall have an application fee of $200.00 and a 

renewal of $20.00. 

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

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

period of one (1) year and shall have the fee of $25.00 per 

machine. 

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

submission of a license application. 

5. Any existing gaming enterprise known shall be automatically licensed 

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

Class I1 and Class 111 license with a waiver of any application fee; such 

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

otherwise provided by Gaming Commission decision or amendment to 

this Ordinance. 

6. License Renewal: 

Every licensee intending to continue engaging in public gaming activities 

within The Fort Sill Apache Tribe of Oklahoma Tribal Jurisdiction during 

the next calendar year shall apply for renewal of the license at least thirty 

(30) days prior to the expiration of the previous license period. 

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

current and valid Fort Sill Apache Tribe of Oklahoma Tribal license for 

that location. 
8. Requirements to Maintain License: 

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

public gaming activities on Indian Land within the Fort Sill 

Apache Tribe of Oklahoma Tribal Jurisdiction, the Gaming 

Commission shall, after notification by the licensee of such 

changes, issue a corrected license for the balance of the 

current period reflecting the new address upon reasonable 

proof of change of address and without imposition of an 

additional license fee. 

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

Gaming Commission of any new Key Employee, new 

ancillary contractor, or new operator. The Gaming 

Commission shall investigate and provide approval ar 

disapproval of the new Key Employee, contractor, or 

operator within (30) days. Any information received by the 

Gaming Commission shall be confidential. 

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

employment of a new person or begin the performance of 

any new contract or begin the control of any new operator 

without the approval of the Gaming Commission. 

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

dangerous weapon on the premises where licensed gaming 

is allowed, with the exemption of a Iicensed firearm for the 

maintenance, of order, firearms possessed by duly 

authorized peace officers, and firearms maintained by the 

licensee if previousIy approved by the Gaming 

Commission and Tribal law Enforcement for protection of 

himself, his agents, and invitees. 

e. It shall be unlawfhl for a licensee to engage in pawnbrokering or to take goods or materials in hock or to lend 

money or engage in similar activity with indigent persons 

soIely for the purpose of enabling the indigent person to 

gamble. This provision is not intended to prohibit the 

extending of credit by the licensee to persons of means 

after proper application and credit checks are performed. 

f. A licensee is required during norma1 business hours, to 

maintain his premises open for inspection by the Gaming 

Commission or its agents or any ather authorized 

government and keep its books and financial record apen 

for simi tar inspection. 

g. Licensed gaming employees and Tribal gaming managers 

must produce at a players request, Iosing tickets, copies of 

canceled checks or other evidence of loss acceptable to the 

Internal Revenue Service if requested by the player or 

contestant at the time the pIayer or contestant buys a ticket 

or chance or otherwise enters the game. 
h. The Gaming Commission shall by regulation impose the 

following additional requirements: 

(1) A determination of whether and in what manner 

rules of play must be posted for each type of licensed 

gaining; 

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

shall be offered in any type of gaming; 

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

licensed gaming should the Gaming Commission deem that 

such rules are necessary for the proper conduct of gaming; 

and 

(4) Any other regulation controlling licensed gaming 

which is deemed necessary by the Gaming Commission. 

9. Fees: 

Each application for an initial or renewal license shall be accompanied by 

payment of the license fee. The Gaming Commission's determination of 

the license fee properly owed under this Ordinance shaIl be final. This fee 

is imposed for the revocable privilege of being licensed to engage in 

public gaming activities within the jurisdiction of the Tribe. 

10. Non Transferability: 

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

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

the face thereof. Tt is not assignable or otherwise transferable to any other 

person or organization or for any other location without the written 

approval of the Gaming Commission. 

1 1. Payment of License Fees: 

All license fees collected under authority of the Tribal Gaming 

Commission shall be paid to the Tax Commission of the Tribes. 

12. License is a Revocable Privilege: 

The public gaming operations license is a revocable privilege, no holder 

thereof shall be deemed to have an interest in any vested rights therein or 

thereunder. The burden of proving qualifications to hold any license rests 

at a11 times in the licensee. The Gaming Commission is charged by law 

with the duty of continually observing the conduct of all licenses to the 

end that licenses shall not be held by unqualified or disqualified persons or 

unsuitable person or persons whose operations are conducted in an 

unsuitable manner. 
13. Violations: 

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

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

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

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

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

suspension or revocation of a licensee; 

(c) be grounds for the filing of criminal charges andlor a civil a~tion in 

a court of competent jurisdiction on behalf of the Gaming 

Commission; and 

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

license being convicted of a felony. 

Acceptance of a license or renewal thereof or condition imposed thereon 

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

by all the regulations and/or conditions of the Gaming Commission and by 

the provisions of this Ordinance as the same are now or may hereafter be 

amended or promulgated. It is the responsibility of the licensee to keep 

himlherself informed of the contents of all such regulations, provisions 

and conditions, and ignorance thereof wiIl not excuse the violations. 

J. License Suspension 

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

Commission receives from the National Indian Gaming Commission 

reliable information indicating that a Key Employee or a Primary 

Management Off~cial is not eligible for employment under subsection D 

above, the Fort Sill Gaming Commission shall suspend such license and 

shall notifqr in writing the licensee of the suspension and the proposed 

revocation. 

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

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

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

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

National Indian Gaming Commission of its decision. 
RULES OF GENERAL APPLICABILITY 

1. Rules of Gaming Operation: 

Each licensee operating a gaming enterprise under a license issued 

pursuant to the provisions of this Ordinance shall prominently display in 

writing all rules and regulations pertaining to all gaming activity, 

including, but not Iimited to, traditional bingo, other games of chance and 

video games of chance, near the specific location where such gaming 

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

and regulations to any person making a request for such. 

Each gaming employee and management entity licensed under the 

provisions of this Ordinance shall utilize gaming rules and reguIations that 

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

American, and any gaming compact and specifically the Indian Gaming 

Regulatory Act of 1 988. 

2. Video Games of Chance: 

The following requirements shall apply to management and conduct of a11 

video games of chance within any gaming enterprise licensed pursuant to 

the provisions of this Ordinance. 

(a) Licensing or manufacturers: no gaming enterprise may own, lease 

or operate video games of chance that have been manufactured by 

a manufacturer that has not received a license from the Gaming 

Commission pursuant to the provisions of the licensing procedures 

of this Ordinance. The Gaming Commission shall issue licenses 

only to manufacturers of video games of chance holding a valid 

license from the States of Minnesota, New Jersey, Nevada, 

South Dakota, Kansas, Wisconsin and Connecticut or from any 

other federally recognized Tribe. 

(b) Licensing of distributors: no gaming enterprise may own, lease, or 

operate video games of chance that have been distributed by a 

distributor that has not received a license from the Gaming 

Commission pursuant to the provisions in the licensing procedures 

of this Ordinance. The Gaming Commission shall issue licenses 

only to distributors of video games of chance holding a valid 

license from the States of Minnesota, New Jersey, Nevada, 

South Dakota, Kansas, Wisconsin or Connecticut. 

(c) Suspension, revocation, or non-renewal of manufacturer or 

distributor license: in the event that the States of Minnesota, 

Kansas, Wisconsin, Connecticut, New Jersey, Nevada, or 

South Dakota, suspends, revokes, or refuses to renew a license of a 

manufacturer or distributor of video games similarIy licensed by 
the Gaming Commission, such action shall be grounds for similar 

action by the Gaming Commission, which shalI investigate, 

suspend, revoke, or refuse to renew the license issued by the 

Gaming Commission to such manufacturer or distributor. 

(d) Technical standards: testing and approval of video games of 

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

otherwise acquired by a gaming enterprise unless: 

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

acquired from a rnanufa~turer or distributor licensed to selI, 

lease or distribute video games of chance by the Gaming 

Commission pursuant to the provisions of this Ordinance; 

and 

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

has been tested, approved or certified by an approved 

gaming test laboratory as meeting all requirements and 

standards of any appropriate compact, ordinance, 

regulation, or rule on video games of chance. 

(e) Compliance of video games of chance: any gaming activity 

involving video games of chance shall be conducted in strict 

compliance with the Tribal compact, ordinances, and regulations 

on video games of chance. 

3. Restrictions for Gaming Enterprises: 

Each licensee operating a gaming enterprise under a license issued 

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

following restrictions on gaming activities: 

(a) Minimum age for players: no person below the age of eighteen 

(18) years on the date of gaming shall be permitted to in any 

gaming enterprise licensed under the provisions of this Ordinance. 

If any person below the age of eighteen (18) years plays and 

otherwise qualifies to win any prize, the prize shall not be paid, 

and the estimated amount wagered during the course of the game 

shall be remrned to the player. 

(b) Prohibition on alcohol: no gaming enterprise shall allow to be sold 

or otherwise make available any beverage containing alcohol, 

including, but not limited to, beer or liquor at the gaming 

enterprise location without the specific approval of the same by the 

Gaming Commission with the approval of the Business 

Committee. 

(c) Prohibition on Firearms: no firearms or air-guns which are capable 

of discharging dangerous projections or propellants including, but 
not limited to, "bb's" or C02 guns, rifles, shotguns, pistols or 

revolvers, shall be allowed on the premises except as permitted for 

security by an employed security force or other city, state, or 

federal law enforcement oficers in the course of their official 

duties. 

XI. DISPUTES WITH CUSTOMERS OF THE GAMING OPERATION 

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

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

Commission and shall be posted in plain view, accessible and visible by all customers of the 

gaming operation. All games shall be conducted fairly and honestly by both the General 

Manager and customers. In the event of a dispute between the General Manager and any 

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

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

by the Genera1 Manager, shall be initially responsible to attempt to resolve all such disputes. If a 

dispute cannot be resolved by the Assistant Manager, the Assistant Manager shall immediately 

submit a written report of the dispute to the customer, the Gaming Manager and the Gaming 

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

the dispute with each other and with the customer. The General Manager shall make the final 

determination of the action to be taken to resolve the dispute, after consulting with the Gaming 

Commission Director. Any customer who is not satisfied with the decision of the General 

Manager may appeal the decision to the Gaming Commission. The determination of the Gaming 

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

locations in the gaming facility. 

XII. LICENSE LOCATIONS 

The Commission shall issue a separate license to each pIace, facility or location on Indian 

lands where Class II and Class III gaming is conducted under this Ordinance. 

X111. REPEAL 

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

are hereby repealed.