Honorable Dmy Kaskaske 

Chairman, Business Committee 

Kickapoo Tribe of Oklahoma 

P.O. Box 70 - 

McLoud, 0Gahoma 7485 1 

July 3, 2001 

Re: Approval of Kickapoo Tribe of dklahoma Gaming Ordinance 

Dear Chairman Kaskaske: 

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

for the review and approval of the Kickapoo Tribe of Oklahoma (Tribe) Tribal Gaming 

Ordinance. The Tribe enacted the ordinance on June 30, 2001, by adopting Resolution 

NO. KTOC-0 1-04. 

This letter constitutes approval of your submission under the Indian Gaming Regulatory 

Act (IGRA). Such approval-does not constitute approval of specific games. It is 

important to note that the gaming ordinance is approved for gaming only on Indian lands 

as defined in' the IGRA, over which the Tribe exercises jurisdiction. 

Thank you for submitting the ordinance of the Kickapoo Tribe of Oklahoma for review 

and approval. The NIGC staff and I look forward to working with you and the Tribe in 

implementing the IGRA . 

Sincerely yours, 

. . Montie R. Deer 

Chairman 
Kickapaa Tribe of Oklahoma 

Post Office Box 70 

McLoud, Oklahoma 74851 

Administration 405 / 964-2075 

Fax 405 / 964-2745 

KICKAPOO COUNCIL RESOLUTION KTOC-01-04 

A RESOLUTION DULY ADOPTED BY THE KICKAPOO COUNCIL OF THE KICKAPOO 

TRIBE OF OKLAHOMA ENACTING THE KICKAPOO TRIBE OF OKLAHOMA GAMING 

ORDINANCE OF JUNE 30TH, 2001 

WHEREAS, the Kickapoo Tribe of Oklahoma is a Federally recognized 

Native American Tribe in accordance with the ThomasAct of June 26, 1936, 

WHEREAS, the Ki~kapoo people, have through a continuation of 

Kickapoo history, an organized se2f-governtnent, since 

time immemorial, sovereign powers recognized by treaties 

and statutes of the United States of America and in the 

Constitution of the United States sf America; and 

WHEREAS, the Kickapoo Council, pursuant to the Kickapoo Tribe of 

Oklahoma constitubion and By-Laws, Article IV, Section 

1, is the supreme ggverning body af the Tribej and 

WHEREAS, the Kickapoo Council, pursuant to the Kickapoo Tribe of 

Oklahoma Article XV - Tribal Legislation shall have the 

authority to enact such Ordinances as Tribal laws which 

shall have long range effect; and 

WHEREAS, to promote Tribal economic development and employment, 

to promote the common Melfare, and to promote the 

development of Tribal resources the Kickapoo Council 

does authorize the enactment 05 Tribal Ordinance to be 

known as the Kickapoa Gaming Ordinance. 

NOW, THEREFORE BE IT RESOLVED, that the* Kickapoo Council of the 

Kickapoo Tribe of Oklahoma acting under authority of the 

Kickapoo Tribe of Oklahoma Constitution and By-Laws does 

hereby authorize the enactment of the Kickapoo Gaming 

Ordinance; and 

BE IT FURTHER RESOLVED, that the Kickapoo Gaming Ordinance 

shall be recognized by the Kickapoo Council as 

having the full force and effect of Tribal law; and 

BE IT FURTHER RESOLVED, that the Kickapoo Gaming Ordinance 

shall repeal any prior Gaming Ordinances and 

that such prior Ordinances shall be considered null and 

void; and 

Danny Kaskaske Marlon Frge lames Deer Jennell Downs Chasey Serrato 

PEMIPOKOA ADAMESKAKA PANAKESKAKA KlSAKODlCUA CHElSlPAKEDlCOA 

CHAIRMAN VICE-CHAIRMAN TREASURER SECRETARY COUNCILPERSON 
KICKAPOO COUNCIL RESOLUTION KTOC-01-04 

Page 2 

BE IT FINALLY RESOLVED, that the Kickapoo Gaming Authority 

Ordinance that is enacted on this 30th day of June 2001, 

shall take effect immediately upon passage of the 

Kickapoo Council. 

CERTIFICATION 

We, Danny Kaskaske, Chairman, and Jennell Downs, Secretary serving 

in our official duties as members of the Kickapoo Tribe of Oklahoma 

Business Committee and as officers of the Kickapoo Council do 

hereby certify that the above Resolution and Ordinance was approved 

by the Kickapoo Council, on June 30th, 2001, with a quorum of 

twenty five Kickapoo Council members present, and the vote being ay in favor, 0 opposed, and abstaining. 

Business Committee 

Kickapoo Tribe of Oklahoma Kickapoo Tribe of Oklahoma 
KICKAPOO TRIBE OF OKLAHOMA GAMING ORDINANCE 

SECTION 100. ENACTMENT 

Be it enacted by the Council of the Kickapoo Tribe of Oklahoma, the following Tribal 

ordinance. This ordinance shall be known and may be cited as the "Kickapoo Gaming Ordinance" 

and shall apply to all forms of gaming within the land and jurisdiction of the Kickapoo Tribe of 

Oklahoma. 

SECTION 101. CITATION 

This ordinance shall be known and may be cited as the "Kickapoo Tribe of Oklahoma 

Gaming Code" and shall apply to all forms of gaming conducted within the jurisdiction of the 

Kickapoo Tribe of Oklahoma. 

SECTION 102. PURPOSES 

The purposes of this ordinance are to promote the public order, peace, safety and welfare of 

all persons coming within the jurisdiction of the Kickapoo Indian Tribe of Oklahoma, to provide a 

safe and wholesome means of recreational activity in a community setting, and to provide a source 

of revenue for the operation of the programs and department of the Tribal government by ensuring 

that any gaming activity conducted whether Class I, 11, or 111 is fair, responsible, and consistent 

with applicable federal law including the regulations and guidelines established by Public Law 100- 

497, known as "The Indian Gaming Regulatory Act," andlor any Tribal-State Compact to which the 

tribe is a party. This ordinance shall be liberally construed to promote these purposes. 

SECTION 103. DEFINITIONS 

Terms used herein but not defined shall have the same meanings as defined in the Indian 

Gaming Regulatory Act. Unless the context clearly indicates a different meaning, the following 

words are defined 

as: 

a. "Act" means the Indian Gaming Regulatory Act, Pub.L. 100-497,25 U.S.C. 5 2701 

et seq. 

b. "Business Committee" means the Kickapoo Tribe of Oklahoma Business 

Committee. 

c. "Chairman" means the Chairman of the Kickapoo Tribe of Oklahoma Business 

Committee. 

d. "Class I Gaming" means social games solely for prizes of minimal value or 

traditional forms of Indian gaming engaged in by individuals as a part of or in connection with 

Tribal ceremonies or celebrations. 
e. "Class I1 Gaming" means Class I1 gaming as defined in accordance with the Act, 

25 U.S.C. 5 2703 (7) (A). 

f. "Class I11 Gaming" means Class I11 gaming as defined in accordance with the Act, 

25 U.S.C. 9 2703 (8). 

g. "Commission" or "Gaming Commission" means the Kickapoo Tribe of Oklahoma 

Gaming Commission established by this ordinance. 

h. "Compact" means a compact entered into by the Kickapoo Tribe of Oklahoma and 

any state which regulates Class I11 gaming. 

1. "Enterprise" means the gaming operation established or licensed by the Tribe to 

conduct gaming operations of the Tribe. 

j. "Director of Gaming" means the Director of Gaming as established in Section 114 

of this ordinance. 

k. "Gaming employee" means "gaming employee(s)" of the Enterprise and shall 

include primary management officials and key employees of the enterprises as defined in this 

ordinance. 

1. "Gaming facilities" means any room or rooms, building or structures in which 

Class I1 gaming or Class 111 gaming is conducted within Kickapoo Tribe of Oklahoma jurisdiction. 

m. "Indian Lands" means: 

1. all lands within the limits of the Tribe's reservation; 

2. any lands 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 Tribe exercises 

governmental power, as defined in 25 U.S.C. § 2703(4) and 25 C.F.R. § 502.12; and 

3. for all lands acquired in trust for the benefit of the Tribe af'ter October 17, 

1988, the lands meet the requirements set forth in 25 U.S.C. 5 2719. 

n. "National Indian Gaming Commission" or "NIGC" means the National Indian 

Gaming Commission established pursuant to 25 U.S.C. 5 2704. 

0. "Net Revenues" means gross revenues of a Class I1 or Class 111 gaming activity 

less amounts paid out as, or paid for, prizes and total gaming-related operating expenses, excluding 

management fees paid to a management contractor within the meaning of 25 U.S.C. 5 27 1 1 (C). 

P - "Ordinance" means ths Kickapoo Tribe of Oklahoma Gaming Ordinance. 

9- "State" means any State wherein the Kickapoo Tribe of Oklahoma conducts Class I1 

or Class 111 gaming. 
r. "Tribe" (and any of its derivations) means the Kickapoo Tribe of Oklahoma. 

SECTION 104. ADOPTION OF COMPACT 

Any Compact entered into between the Tribe and a State which is subsequently approved by 

the Secretary of the Interior and published in the Federal Register is hereby incorporated within and 

enacted as an integral part of this ordinance with respect to all forms of Class 111 gaming; provided, 

however, that nothing in the adoption of the Compact herein shall be deemed to affect the operation 

of the Tribe of any Class I1 gaming, whether conducted within or without the gaming facilities, or 

to confer upon the State any jurisdiction over such Class I1 gaming conducted by the Tribe within 

its Indian Lands. 

SECTION 105. AUTHORIZATION FOR GAMING ACTIVITIES 

a. Forms of Class I11 gaming authorized. The Tribe may conduct or operate all forms 

of Class 111 gaming authorized under any Compact. 

b. Authority for Class I1 gaming. In addition to the forms of Class 111 gaming 

authorized under any compact, the Tribe shall be authorized to conduct all forms of Class I1 gaming 

within the Tribe's Indian Lands, including without limitation any form of bingo (whether or not 

electronic, computer, or other technologic aids are used in connection therewith), pull-tabs, lotto, 

punch boards, tip jars, instant bingo, and other games similar to bingo so long as played at the same 

location as bingo. 

SECTION 106. COMPLIANCE WITH THE ACT 

This Ordinance shall be construed in a manner which conforms to the Act in all respects, 

and, if inconsistent with the Act in any manner, the provisions of the Act shall govern. 

a. Limitation on gaming operations. In compliance with 25 U.S.C. 5 2710(b)(2)(A), 

the Tribe shall have the sole proprietary interest and responsibility for the conduct of any gaming 

activity on its Indian Lands. 

b. Application of net revenues. In compliance with 25 U.S.C. $2710(b)(2)(B), net 

revenues fiom any gaming activity are not to be used for purposes other than: 

1. to hd Tribal government operations or 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; 

5. to help hd operations of local Government Agencies, or 

6. any other purpose permitted under the Act. 
c. Annual Audit. In compliance with a U.S.C. 27 10 (b) (2) (c) and (d), all gaming 

activities shall be subject to an audit by independent certified public accountants, not less than 

annually, and copies of the annual audit shall be provided to the National Indian Gaming 

Commission. 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 Class I1 

or Class I11 gaming shall be subject to such audits. 

d. Public Safety Standards. In compliance with U.S.C. $2710 (b) (2) (E), the 

construction and maintenance of any gaming facilities, and the operation of gaming activities, shall 

be conducted in a manner whch adequately protects the environment and the public health and 

safety, and for that purpose shall comply with the requirements of the Compact and all other 

applicable health, safety and environmental standards enacted by the Tribe. 

SECTION 107. ESTABLISHMENT OF TRIBAL GAMING COMMISSION 

a. Establishment of Commission. There shall be established a five member Kickapoo 

Tribe of Oklahoma Gaming Commission, who shall be recommended by the Chairman of the 

Business Committee and approved by the Business Committee, at least three of whom shall be 

members of the Tribe, but none of whom shall be employees of the Enterprise. Each 

Commissioner shall serve for a term of three years commencing on the date of their appointment; 

provided, that, as to the initial members so appointed, one of the initial members appointed shall be 

designated to serve for an initial term of one year, two of the initial members appointed shall be 

designated to serve for an initial term of two years and two of the initial members appointed shall 

be designated to serve for an initial term of three years. The members of the Commission shall 

appoint one of their members to be the Chairman of the Commission. The members of the 

Commission shall serve on a part time basis and the compensation of members of the Commission 

shall be established by the Business Committee. Members of the Commission may be removed by a 

majority vote of the members of the Business Committee. Vacancies in the Commission must be 

filled by appointment by the Business Committee. No member or employee of the Commission 

shall participate as a player in any gaming activity conducted by the Tribe. 

b. Powers and duties of the Commission. The Commission shall have the following 

powers and duties: 

1. The Commission shall have primary responsibility for oversight of Tribal 

gaming operations to assure the integrity of such operations and shall, for that 

purpose, employ non-uniformed inspectors who may be present in all gaming 

facilities during all hours of operation and who shall be under the sole supervision of 

the Commission and not under the supervision of any management employees of the 

Tribal gaming operations. Such inspectors shall have unfettered access to all areas 

of the gaming at all times, and personnel employed by the Enterprise shall for such 

purposes provide such inspectors access to locked and secure areas of the gaming 

facilities in accordance with the standards of operation and management 

promulgated pursuant to any Compact. Such inspectors shall report to the 

Commission regarding any failure by the Enterprise to comply with any of the 

provisions of any Compact or this Ordinance and any other applicable laws and 

ordinances. Inspectors assigned by the Commission may also receive consumer 
complaints within the gaming facilities and shall assist in seeking voluntary 

resolution of such complaints. Inspectors appointed by the Commission shall be 

licensed as gaming employees in accordance with any Compact. 

2. The Commission may, on its own initiative, investigate any aspect of the 

operations of the Enterprise in order to protect the public interest in the integrity of 

such gaming activities and to prevent improper or unlawhl conduct in the course of 

such gaming activities, and shall investigate any report of a failure of the Enterprise 

to comply with the provisions of any Compact or this Ordinance and may require the 

Enterprise to take any corrective action deemed necessary by the Commission upon 

such terms and conditions as the Commission may determine appropriate. The 

Commission may compel any person employed by or doing business with the 

Enterprise to appear before it and to provide such information, documents or other 

materials as may be in their possession to assist in any such investigation. 

3. The Commission shall carry out each of the responsibilities and duties set 

forth for the Tribal Gaming Agency in any Compact. 

4. The Commission shall prepare a plan for the protection of public safety and 

the physical security of patrons in each of its gaming facilities, setting forth the 

respective responsibilities of the Commission, the security department of the 

Enterprise, any Tribal police agency, and if appropriate, any State or local police 

agency. 

5. The Commission shall review and approve floor plans and surveillance 

systems for each gaming facility and may confer with other organizations regarding 

the adequacy of such plans and systems. 

6. The Commission shall promulgate, review and revise (as necessary) 

Standards of Operation and Management for Class 111 gaming activities in 

accordance with any Compact. 

7. The Commission may issue and revoke licenses for Class I1 gaming 

employees in accordance with this Ordinance. 

8. The Commission may issue and revoke licenses for Class I11 gaming 

employees in accordance with this Ordinance. 

9. The Commission shall establish a list of persons barred from the gaming 

facilities because their criminal history or association with career offenders or career 

offender organizations poses a threat to the integrity of the gaming activities of the 

Nation. 

10. The Commission shall promulgate, review and revise (as necessary) the rules 

of each game of chance operated by the Tribe pursuant to any Compact and shall in 

accordance with the provisions of any Compact notify the State Gaming Agency of 

such rules and of any change in such rules. 
11. The Commission shall enforce the health and safety standards applicable to 

the gaming facilities of the Enterprise in accordance with Section 106.d. of this 

Ordinance. Prior to the opening of any facility for Class 111 gaming, the Enterprise 

shall obtain a certificate of compliance fiom the Commission relating to the Class I11 

gaming facilities. The Commission shall issue a certificate of compliance to the 

Enterprise upon a determination that the gaming facilities of the Enterprise comply 

with such standards. 

12. The Commission may impose penalties for violations of this Ordinance or 

any Compact. 

13. The Commission may, in the name of the Tribe, bring any civil action or 

criminal complaint in the courts of the Tribe, or any competent Federal Court 

System to enforce the provisions of this Ordinance, the Act or the Compact, 

occurring where Kickapoo gaming is conducted. The bringing of any such action by 

the Commission shall not be deemed to be a waiver of sovereign immunity by the 

Commission or the Tribe. 

14. The Commission may receive any complaint fi-om an employee of the 

Enterprise or any member of the public who is, or claims to be, adversely affected 

by an act or omission of the Enterprise of any employee there of which is asserted to 

violate this Ordinance, or any Compact, and may impose such remedial action as it 

deems appropriate to bring the Enterprise into compliance with such provisions. 

The Commission may for this purpose, in its sole discretion, conduct a hearing and 

receive evidence with regard to such complaint if it deems an evidentiary proceeding 

useful in the resolution of the complaint. 

15. The Commission shall adopt an annual operating budget which shall be 

subject to the approval of the Business Committee and may in accordance with said 

budget employ such staff fi-om time to time as it deems necessary to hlfill its 

responsibilities under this Ordinance, and may retain legal counsel, consultants and 

other professional services including investigative services to assist the Commission 

with respect to any of the issues over which the Commission exercises jurisdiction. 

The expenses of the Commission in accordance with such budget shall be assessed 

against the Enterprise and the Enterprise shall pay such assessments to the Tribe. 

16. The Commission may employ inspectors to conduct background 

investigations on key employees and primary management officials. Any inspector 

employed to assist in the background investigations may be assigned to work under 

and report to the Executive Director. Inspectors employed to conduct background 

investigations shall not be licensed as a gaming employee. 

c. Chairman. The Chairman of the Commission or any other member of the 

Commission acting in the absence of the Chairman may, whenever he deems it necessary to protect 

the public interest in the integrity of Tribal gaming operations, issue in the name of the 

Commission any order which the Commission has the power to issue, to the Enterprise or to any 

employee or contractor of the Enterprise or to any other person within the jurisdiction of the Tribe, 
to take any action or cease and desist from any action as may be required to protect to the public 

interest; provided, that such order shall be subject to review by the Commission at its earliest 

opportunity, whereupon it may be confirmed or vacated by the Commission. 

d. Executive Director. The Commission shall appoint an individual to serve as 

Executive Director of the Commission to administer its responsibilities as necessary and to oversee 

inspectors appointed by the Commission as well as such other staff as the Commission may from 

time to time employ. The Executive Director shall be responsible for coordination of the functions 

of the Commission with the National Indian Gaming Commission, any state gaming agency and 

other state and local agencies as necessary. The Chainnan may request the Executive Director to 

conduct a preliminary investigation and render a recommendation to the Commission with respect 

to background checks of key employees and primary management officials and the grant or denial 

of any license, the imposition of any penalty, the investigation of any complaint, or any other action 

within the jurisdiction of the Commission. The Executive Director shall have the power, in the 

name of the Commission, to conduct any hearing, investigation or inquiry, compel the production 

of any information or documents, and otherwise exercise the investigatory powers of the 

Commission, which the Commission may exercise under this Ordinance. 

e. Procedures of the Commission. 

1. Regular meetings of the Commission may be held upon such notice, or 

without such notice, and at such time and place as shall from time to time be fixed 

by the Commission. Unless otherwise specified by the Commission, no notice of 

such regular meetings shall be necessary. 

2. Special meetings of the Commission may be called by the Chairman or the 

Executive Director. The person or persons calling the special meeting shall fix the 

time and place thereof. Neither the business to be transacted at, nor the purpose of, 

any regular or special meeting of the Commission need to be specified in the notice 

of the meeting. 

3. At any meeting of the Commission, three (3) of the members then in office 

shall constitute a quorum for the transaction of business. The vote of a majority of 

the members present at a meeting at which a quorum is present shall be the act of the 

Commission. The Chairman shall preside at all meetings of the Commission unless 

the Chairman designates another member to preside in his absence. 

4. Any action required or permitted to be taken at a meeting of the Commission 

may be taken without a meeting if all of the members sign written consents setting 

forth the action taken or to be taken, at anytime before or after the intended effective 

date of such action. Such consents shall be filed with the minutes of the 

Commission, and shall have the same effect as a unanimous vote or resolution of the 

Commission at a legal meeting thereof. 

5. Members of the Commission may participate in a meeting of the 

Commission by means of conference telephone or similar communication 

equipment by means of which all persons participating in the meeting can hear each 
other, and participation in a meeting in such matter by any member does not object 

at the beginning of such meeting to the holding thereof in such manner, shall 

constitute presence in person at such meeting. 

6. No action of the Commission to impose a penalty pursuant to this Ordinance, 

or to revoke a license for a gaming employee previously issued by the Commission, 

shall be valid unless the person affected is given at least seven days notice of the 

proposed action and the opportunity to appear and be heard before the Commission, 

either in person or through a representative or legal counsel, and to submit such 

evidence as the Commission deems relevant to the matter at issue; provided, that if 

the Commission deems it necessary to protect the public interest in the integrity of 

the gaming activities, the Commission may take such action with immediate effect 

as it deems required, and shall thereupon provide notice and an opportunity to be 

heard to the affected person as soon as is reasonably practicable following such 

action. Any person who is denied an initial gaming employee license or who is 

barred from the gaming facilities by action of the Commission may request a 

hearing before the Commission by written request submitted within thirty days 

following receipt of notice of the action of the Commission, and the Commission 

shall thereupon afford an opportunity to appear and be heard before the 

Commission, either in person or through a representative or legal counsel, and to 

submit such evidence as the Commission shall either affirm or reconsider its 

decision. Any hearing conducted under this subsection may, at the direction of the 

Commission, be conducted by the Executive Director or by one or more of the 

Commission designated by the Commission for that purpose. 

7. The Commission may adopt such additional procedures and rules as it deems 

necessary or convenient to govern its affairs and which are consistent with this 

Ordinance. 

SECTION 108. GAMING OPERATIONS 

a. The Tribe through the Business Committee shall have sole proprietary interest in 

and be responsible for the conduct of all gaming operations. All gaming operations shall be 

administered by the Director of Gaming who is employed by and serves at the pleasure of the 

Business Committee. In the event that the Tribe enters into a management contract approved by 

the NIGC, some or all of the duties of the Tribe and the Director of Gaming may be delegated to 

the approved management contractor. 

b. The Tribal Gaming regulatory authority shall be vested in the Commission. 

c. The Business Committee shall have the authority to amend this Ordinance as 

necessary and shall submit any such amendments to the NIGC for approval. The Commission 

monitors compliance with this ordinance, any tribal-state compacts, and all applicable federal or 

tribal laws. 
SECTION 109. LICENSE FOR LOCATION 

The Tribe shall issue a separate license to each place, facility or location within its Indian 

Lands where Class I1 andlor Class I11 gaming is conducted under this ordinance. 

SECTION 110. QUALIFICATIONS 

The Director of Gaming, the Commission's executive director and "Key" employees must: 

a. Never have been convicted of a felony, gaming offense or crime involving 

dishonesty or moral turpitude; 

b. Not have been convicted of any offense except traffic violations within two years 

from the date of employment; 

c. Not be a member of the Business Committee or Grievance Committee or related to 

any member of the Business Committee or Grievance Committee by blood or marriage within the 

second degree; 

d. Not have had his surety bond forfeited or been criminally convicted of or found 

civilly liable for any breach of fiduciary duty to the tribe or have been impeached or removed from 

Tribal office; 

e. Be bondable in the necessary amounts; and 

f. Meet any other applicable qualifications as prescribed in the Indian Gaming 

Regulatory Act. 

SECTION 111. ETHICS 

The Tribe recognizes that many important decisions on highly sensitive issues must be 

made daily and has determined that all entities andlor individuals charged with making these 

decisions shall be held to extremely high ethical standards. Therefore, prior to taking their 

positions, the Director of Gaming, the Commission andlor any position involving the oversight of 

the management of the gaming Enterprise, shall agree to be bound by the following principles: 

a. Members shall not hold financial interests that conflict with the conscientious 

performance of their duties as managers and regulators. 

b. Members shall not engage in financial transactions using nonpublic information or 

allow the improper use of such information by others on their behalf to firther any private interest. 

c. Members shall not solicit or accept any gifl or other item of monetary value, 

including complimentary items (& Section 112 below), fiom 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 Members' duties. 
d. Members shall make no unauthorized commitments or promises of any kind 

purporting to bind the Tribe. 

e. Members shall not use their positions for private gain. 

f. 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 Members. 

g. 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. 

h. Members shall not engage in outside employment or activities, including seeking or 

negotiating for future employment, which conflict with their official duties and responsibilities. 

1. Members shall disclose waste, fraud, abuse, and corruption to appropriate 

authorities. 

j. Members shall endeavor to avoid any actions creating the appearance that they are 

violating the law or the ehcal standards listed herein. 

k. 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. 

SECTION 112. COMPLIMENTARY ITEMS 

a. The use of complimentary items shall be governed by regulations established by the 

Gaming Commission, which shall be in accord with the NIGC's Minimum Internal Control 

Standards, found at 25 C.F.R. 5542.17. 

b. No Key Employee, Primary Management Official, Business Committee member, 

member of the Gaming Commission, or any person directly related to or sharing a residence with 

the persons, shall be authorized to receive complimentary items. 

c. Complimentary items shall be included in the annual budget for the gaming 

operation, with maximum limits specified, and shall be subject to approval by the Business 

Committee. 

SECTION 113. CONDUCT OF GAMING OPERATIONS 

a. Minimum Internal Control Standards. 

The Tribe acknowledges its obligation to adopt and implement Minimum Internal Control 

Standards (MICS) for the operation of its Tribal gaming operation, no less stringent than those 

found in the regulation of the NIGC at 25 C.F.R. Part 542. 
b. Tribal Internal Control Standards. 

The Tribal Internal Control Standards (TICS) shall be developed by the Gaming 

Commission to be reviewed and approved by the Business Committee. The Gaming Commission 

shall enforce the TICS. 

c. The Gaming Commission shall regulate the gaming operation consistent with the 

following: 

1. The rules of play and operation of the game as prescribed and approved by 

the Commission, including setting of wager limits. 

2. Each and every player has a fair and equal opportunity to win. 

3. The method of winning and the prize or prizes for each game should be 

clearly outlined before each game. 

4. The winner or winners of each game shall be verified. 

5. No person who is conducting or assisting in the gaming operation shall 

participate directly or indirectly in the play of that game. 

6. No person under the age of eighteen (18) years of age shall be permitted to 

play for any reason. 

7. The Gaming Commission shall make the final determination as to the 

validity of a winner or winners at the conclusion of the game at which they were a 

winner. 

8. No alcoholic beverages or dmgs of any kind shall be permitted in the facility 

during the time that the facility is being used for the gaming operation, unless the 

Kickapoo Tribe of Oklahoma Liquor Commission has issued an Alcoholic Beverage 

license for on-premises consumption. 

9. No person under the influence of intoxicants, drugs or in any violation of 

Tribal law or ordinance shall be permitted to engage in any form of gaming nor to 

remain in the building when gaming is being conducted. 

10. Trash should be separated to facilitate recycling and efforts should be made 

to protect the environment. 

SECTION 114. DIRECTOR OF GAMING 

a. In addition to the General Manager for the facility, there shall be established a 

Director of Gaming which shall serve in a management oversight role over the General Manager 

and the day-to-day operations of the gaming operation. The Director of Gaming may be one or 

more persons named by the Business Committee. In no event shall the Director of Gaming be 

comprised of more than three persons. In the event that the Tribe enters into a management 
contract approved by the NIGC, the Director may delegate some or all duties to the approved 

management contractor. The Director shall oversee all non-regulatory aspects of the gaming 

operation. Regulation of the gaming operation shall be the sole responsibility of the Gaming 

Commission. 

b. The duties of the Director of Gaming are to: 

1. Monitor and oversee the day-to-day operations of the gaming facility, 

whether managed by a tribal employee or by an approved management contractor; 

2. Inspect and examine on a periodic basis all books, records, and papers of the 

gaming facility; 

3. Set hours of operation for the gaming facility; 

4. Develop marketing plans; 

5. Oversee the interview, selection, and training of employees of the gaming 

operation; 

6. Establish employee policies, rates of pay, and hours of work; 

7. Adopt an annual operating budget, subject to Business Committee approval; 

and 

8. Enter into contracts on behalf of the gaming facility, subject to Business 

Committee approval. 

SECTION 115. EMPLOYEES 

a. All persons employed in the gaming facility shall be licensed by the Commission as 

prescribed by the Indian Gaming Regulatory Act or any tribal-state compact for Class 111 gaming. 

b. Each employee will wear a license in a visible manner when operating or assisting in 

the operation of a gaming facility. 

c. No person shall be employed whose prior activities, criminal record, if any, or 

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

of gaming, or create or enhance the dangers of unsuitable, unfair or illegal practices and methods 

and activities in the conduct of gaming. 

d. As necessary, the Business Committee may require the Commission, the executive 

director or any other "key" employee to be bonded in an amount not less than $50,000 payable to 

the Tribe. 

e. Background investigations will be conducted on the primary management officials 

and key employees as prescribed in the Indian Gaming Regulatory Act, federal regulations, or any 
tribal- state compact for Class I11 gaming and the results forwarded to the NIGC prior to the 

issuance of licenses. 

f. Licenses will be issued according to requirements at least as stringent as set forth in 

25 C.F.R. Parts 556 and 558, as may be amended from time to time. 

g. When licenses are issued, the Commission will promptly notify the NIGC as 

described in the Indian Gaming Regulatory Act, federal regulations, or any tribal-state compact for 

Class I11 gaming. 

h. The Director of Gaming shall employ qualified tribal members in preference to other 

equally-qualified applicants for work, but shall not be required to employ or retain in employment 

unqualified tribal members. 

SECTION 116. EMPLOYEES LICENSED 

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 or Class I11 gaming Enterprise operated on Indian Lands: 

a. Definitions. For the purposes of this section, the following definitions apply: 

1. Key employee means those key employees as defined in any statute or 

regulation and at a minimum include: 

(a) 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) Approve of credit; or 

(1 0) Custodian of gambling devices including persons with access 

to cash and accounting within such devices. 
(b) If not otherwise included, any other person whose total cash 

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

(c) If not otherwise included, the four most highly-compensated persons 

in the gaming operation. 

2. Primary management official means: 

(a) The person having management responsibility for a management 

contract; 

(b) Any person who has authority to hire and fire employees or to set up 

working policy for the gaming operation; or 

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

management responsibility. 

b. Application Forms. 

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

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

applicant: 

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

information is provided: Solicitation of the information on this form 

is authorized by 25 U. S. C. A. (5 2701 et seq. The purpose of the 

requested information is to determine the eligibility of individuals to 

be employed in a gaming operation. The information will be used by 

National Indian Gaming Commission members and staff who have 

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

The information may be disclosed to appropriate Federal, State, local 

or foreign law enforcement and regulatory agencies when relevant to 

civil, criminal or regulatory investigations or prosecutions or when 

pursuant to a requirement by a tribe or the National Indian Gaming 

Commission in connection with the hiring of firing of an employee, 

the issuance or revocation of a gaming license, or investigations of 

activities while associated with a tribe or a gaming operation. Failure 

to consent to the disclosures indicated in this notice will result in a 

tribe's being unable to hire you in a primary management official or 

key employee position." 

The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing 

your application. 

2. Existing key employees and primary management officials shall be notified 

in writing that they shall either: 
(a) Complete a new application form that contains a Privacy Act notice; 

or 

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

the routine uses described in that notice. 

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

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

A false statement on any part of your application may be grounds for not hiring you, 

or for firing you after you begin work. Also, you may be punished by fine or 

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

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

management officials that they shall either: 

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

false statements; or 

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

c. Background Investiaations. 

1. The Commission shall request fiom each primary management official and 

from each key employee all of the following information: 

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

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

(spoken or written); 

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

positions held, ownership interests in those businesses, business and 

residence addresses, and driver's license numbers; 

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

including one personal reference who was acquainted with the applicant 

during each period of residence listed under Paragraph c. 1 (b) of this section; 

(d) Current business and residence telephone numbers; 

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

with Indian tribes, including ownership interests in those businesses; 

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

with the gaming industry generally, including ownership interests in those 

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

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

gaming, whether or not such license or permit was granted; 

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

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

date and disposition, if any; 

(i) For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), within ten years of the date 

of the application, the name and address of the court involved and the date 

and disposition; 

(j) For each criminal charge (excluding minor traffic charges), whether 

or not there is a conviction, if such criminal charge is within ten years of the 

date of the application and is not otherwise listed pursuant to Paragraph 

c.10 or c.l(i) of this section, the criminal charge, the name and address of 

the court involved and the date and disposition; 

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

which the person has filed an application for an occupational license or 

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

(1) A current photograph; 

(m) The required application fee for background checks as may be set 

from time to time by the Commission; 

(n) Any other information the Tribe deems relevant; 

(0) Fingerprints consistent with procedures adopted by the Commission 

according to 25 C.F.R. $522.2(h), which shall require that the Tribal law 

enforcement agency take fingerprints and submit them to the Federal Bureau 

of Investigation for a criminal check against FBI records. In the event that 

Tribal law enforcement is temporarily unable to take the applicant's 

fingerprints, then the Commission may cause the fingerprints to be taken by 

another city, county, state or federal law enforcement agency; and 

(p) The Commission shall conduct an investigation sufficient to make a 

determination under Subsection (d) below. In conducting a background 

investigation, the Commission or any agent acting on behalf of the 

Commission shall promise to keep confidential the identity of each person 

interviewed in the course of the investigation. 

d. Eligibility Determination. 

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. In conducting the criminal 

background check, the Commission or any agent acting on behalf of the Commission shall, at a 

minimum, conduct a search of records maintained in the state of Oklahoma for the previous ten 

years, search criminal records maintained by Courts of the County wherein the applicant resides 

and cause a criminal check to be conducted with the records maintained by the Federal Bureau of 

Investigation. The information compiled in the investigation shall be submitted with a 

recommendation on the proposed action to the Commission for its review. If the Commission 

determines that employment of the person poses a threat to the public interest or to the effective 

regulation of gaming, or creates or enhances dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct of gaming, a management contractor or a tribal gaming 

operation shall not employ that person in a key employee or primary management official position. 

e. Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the Nation Indian Gaming Commission. 

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

gaming operation authorized by this ordinance, the Commission shall forward to the 

National Indian Gaming Commission a completed application for employment 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 this subsection to the 

National Indian Gaming Commission within 60 days after an employee begins work. 

3. The gaming operation shall not employ as a key employee or primary 

management official a person who does not have a license after 90 days. 

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 bases for those conclusions. 

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

eligibility determination made under Subsection d of this section unless the NIGC 

shall have advised the Tribe that the submission of the eligibility determination is 

not necessary. This determination shall include a Statement describing how the 

information submitted by the applicant was verified; a statement of results following 

an inquiry into the applicants prior activities, criminal record, if any, and reputation, 
habits and associations; 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 Tribe to 

make a finding concerning the eligibility for employment in a gaming operation; and 

a Statement documenting the disposition of all potential problem areas noted and 

disqualifying information obtained. 

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

(a) Shall notify the National Indian Gaming Commission; and 

(b) May forward copies of its eligibility determination and investigative 

report (if any) to the National Indian Gaming Commission for the inclusion 

in the Indian Gaming Individuals Records System. 

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

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

background investigations for inspection by the Chairman of the National Indian 

Gaming Commission or his or her designee for no less than three (3) years from the 

date of termination of employment. 

g- Granting a Gaming License. 

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

Commission receives a report, the National Indian Gaming Commission notifies the 

Commission that it has no objection to the issuance of a license pursuant to a license 

application filed by a key employee or a primary management official for whom the 

Commission has provided an application and investigative report to the National 

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

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

the Chairman of the National Indian Gaming Commission concerning a key 

employee or a primary management official who is the subject of a report. Such a 

request shall suspend the 30-day period under Paragraph (g) (i) of this section until 

the Chairman of the National Indian Gaming Commission receives the additional 

information. 

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

Gaming Commission provides the Commission with a statement itemizing 

objections to the issuance of a license to a key employee or to a primary 

management official for whom the Commission has provided an application and 

investigative report to the National Indian Gaming Commission, the Commission 

shall reconsider the application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Commission shall make the final 

decision whether to issue a license to such applicant. 

h. License Suspension. 
1. If, after the issuance of a gaming license, the Commission receives from the 

National Indian Gaming Commission reliable information indicating that a key 

employee or a primary management official is not eligible for employment under 

Subsection (d) above, the Commission shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

2. The 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 Commission shall decide to revoke or to 

reinstate a gaming license. The Commission shall notify the National Indian 

Gaming Commission of its decision. 

SECTION 117. VENDOR LICENSING 

Subject to review and approval by the Business Committee, the Commission shall adopt 

regulations for the licensing of vendors who provide services and supplies to the Enterprise with an 

annual value of $25,000 or more. Provided, however, that contracts for professional legal and 

accounting services are excluded fiom this section. Provided, further, that financing provided by a 

federally regulated or state-regulated bank, savings and loan, or trust, or other federally or stateregulated lending institution; any agency of the federal, state, tribal or local government; or any 

person or entity, including, but not limited to, an institutional investor who, alone or in conjunction 

with others, lends money through publicly or commercially traded bonds or other commercially 

traded instruments, including but not limited to the holders of such bonds or instruments or their 

assignees or transferees, or which bonds or commercially traded instruments are underwritten by 

any entity whose shares are publicly traded or which underwriter, shall be exempt fiom the 

licensing requirements of this section. 

SECTION 11 8. GAMING ACCOUNT 

The Business Committee shall designate one banking account as the Tribal "Gaming 

Account." The account shall be maintained in a financial institution designated by the Business 

Committee. The Gaming Account shall be subject to the Annual Audit. Gross revenues derived 

from the conduct of Tribal gaming operations, excluding any cash payouts made during a Gaming 

session shall be deposited in the Tribal Gaming Account. No other monies shall be commingled 

with the Tribal Gaming Account. Net revenues are to be transferred monthly to the Tribe's General 

Fund account to be disbursed solely as authorized by Business Committee appropriation. 

SECTION 119. SUPPLIES AND EQUIPMENT 

All reasonable and necessary expenses of the gaming operation must be approved. All 

contracts for purchases of supplies, concession or services (excluding contracts for professional, 

legal or accounting services) in excess of $3,000 must receive prior approval of the Business 

Committee, which shall be obtained by the Director of Gaming by submitting the proper 

requisition. All purchases of equipment, materials, concessions and food or any other item paid 

from the Gaming Account shall be the property of the Tribe. 
SECTION 120. LOCATION AND SCHEDULE OF GAMING 

All gaming sessions authorized herein shall be conducted at a place within Tribal Indian 

Lads, and in a location permitted by the Act, and on such days and times as may be approved by 

the Business Committee. The location and time for conducting Class 111 Gaming shall be 

consistent with any Tribal-state compact. 

SECTION 121, DISCRIMINATION 

Notwithstanding any other provision of this section, the Director of Gaming, Business 

Committee andlor Gaming Commission may bar any person fiom admittance to any Tribal gaming 

facility for any or no reason whatsoever. However, no person shall be discriminated against 

because of his race, color, creed, sex or natural origin. 

SECTION 122. PATRON DISPUTE RESOLUTION 

a. Making a Claim. 

Any patron having a claim against the gaming Enterprise shall present a claim to the 

gaming Enterprise for any appropriate relief including the award of money damages. 

Claims against the gaming Enterprise are to be presented within ninety (90) days of the date 

the loss occurs. In the event a claim is not presented following ninety (90) days after the 

loss occurs, but within one (1) year after the loss occurs, any judgment in a lawsuit arising 

from the act which is the subject of the claim shall be reduced by ten (10) percent. A claim 

against the gaming Enterprise shall be forever barred unless notice thereof is presented 

within one (1) year after the loss occurs. A claim against the gaming Enterprise shall be in 

writing and filed with the Tribal Gaming Commission at the address of the gaming facility. 

Notices explaining this procedure shall be posted in the gaming facility. Such notices shall 

explain that this procedure is the exclusive method of making a tort claim or registering a 

patron dispute about payment of a bet or a distribution of winnings, such notices shall 

explain that upon denial of a claim redress must be sought exclusively in Tribal Court. 

b. Notice. 

The written notice of claims of the gaming Enterprise shall state the date, 

time, place and circumstances of the claim, the identity of the tribal or gaming 

employees, if known, the amount of compensation or other relief demanded, the 

name, address and telephone number of the claimant, and the name, address and 

telephone number of any agent authorized to settle the claim. 

c. Denial. 

A claim is deemed denied if the gaming Enterprise fails to approve the claim 

in its entirety within ninety (90) days of receipt, unless the interested parties have 

reached a settlement before the expiration of that period. A person may not initiate 

suit against the gaming Enterprise unless the claim has been denied in whole or in 
part. The claimant and the gaming Enterprise may continue attempts to settle a 

claim: however, settlement negotiations do not extend the date of denial. 

d. Limitations. 

No action for any cause arising from personal injury, property damage, or 

patron gaming dispute shall be maintained unless valid notice has been given and 

the action is commenced in a tribal court within 180 days after denial of the claim as 

set forth herein. Neither the claimant nor the gaming Enterprise may extend the 

time to commence an action by continuing to attempt settlement of the claim. 

SECTION 123. REPORT OF WINNERS 

No prize shall be awarded unless the winner has fairly won without any collusion with the 

Director of Gaming, Commissioner or any of their employees or agents andlor employees of the 

gaming Enterprise. A receipt acknowledging acceptance and receipt of the prize awarded must be 

signed by any winner regardless of the amount. The Director of Gaming and/or Commission has 

the authority to hold the payment of any winnings indefinitely until the final verification of 

authentic winning has been determined whether by inquiry or electronic means of validation upon 

the approval of the Business Committee. The Director of Gaming or its designee shall make 

accurate and timely reports to the Internal Revenue Service of any winners at any gaming facility 

whose prize winnings exceed the minimum limits set by the Internal Revenue Service. In which 

case, acceptable proof of winners: name, address, and social security number must be presented to 

the Director of Gaming or his designee in order to be paid prizes. 

SECTION 124. CRIMINAL PENALTIES 

Subject to Federal Indian law and other applicable law, any person or firm violating the 

provisions of this chapter shall be guilty of an offense and shall, upon conviction thereof, be 

punished as provided by law. If a person is convicted in Tribal court, he may be punished by 

confinement in the Tribal jail for a period of not less than ten (10) days and no more than six (6) 

months or by a fine of not less than $500 and no more than $5,000 or by both such fine and 

imprisonment. 

SECTION 125. SERVICE OF PROCESS 

All notices or process made pursuant to this ordinance may be made by directing said 

notice to: 

Director of Gaming 

Kickapoo Tribe of Oklahoma 

P.O. BOX 406 

McLoud, OK 7485 1 
cc: Tribal Administrator 

Qckapoo Tribe of Oklahoma 

P.O. BOX 70 

McLoud, OK 7485 1 

SECTION 126. REPEALER 

Any prior gaming ordinances and all other ordinances inconsistent herewith are hereby 

repealed. 

SECTION 127. EFFECTIVE DATE 

This ordinance shall become effective on the date of approval by the National Indian 

Gaming Commission.