Via Facsimile & First Class Mail 

Mr. Bobby Komardley, Chairman 

Apache Business Committee 

511 East Colorado 

Post Office Box 1330 

Anadarko, OK 73005 

December 1, 2016 

RE: Amended Gaming Ordinance 

Dear Chairman Komardley: 

This letter responds to your request for the Chairman of the National Indian 

Gaming Commission to review and approve the Apache Tribe's Amended and Restated 

Gaming Ordinance. The Gaming Ordinance was authorized by Resolution ABC-2016-

009 on September 22, 2016. The NIGC received a copy of the Gaming Ordinance on 

September 28, 2016. 

Thank you for bringing the amended Gaming Ordinance to our attention. The 

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

Gaming Regulatory Act and the NIGC's regulations. If you have any questions, please 

feel free to contact Staff Attorney Heather McMillan Nakai at (202) 632-7003. 

onodev Chauduri 

NIGC Chairman 

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1 8A9 C Street NW, Moil Stop # 162 1 Wa shington, DC 20240 Tel: 202.632.7003 Fax. 202.632.7066 

REGIONAL OFFICES Portland, OR; Socromento, CA; Phoenix, AZ; St. Poul, MN; Tulsa, OK; Oklahoma City, OK 

WWW.NIGC.GOV 
APACllE BUSINESS COMMrrTEE 

Bobby Komardley - Chairman 

Ronnee Elizarraras - Vice-Chairperson 

Cheryl Wetselline- Secretaryffreasurer 

Telephone: 405-24 7-9493 

511 Ea~t Colorado 

Post Office Box 1330 

ANADARKO, OKLAHOMA 73005 

APACHE BUSINESS COMMITl'EE 

Donald Komardlcy Committee Member 

Justus Perry-Committee Member 

Lottie Jay -Tribal Administrator 

Fax: 405- 247-2763 

RESOLUTION BY THE APACHE TRIBE OF OKLAHOMA APPROVING, 

RATIFYING AND ADOPTING THE AMENDED AND RESTATED GAMING 

ORDINANCE OF THE APACHE TRIBE OF OKLAHOMA PURSUANT TO THE 

INDIAN GAMING REGULATORY ACT AND REVOKING ALL PREVIOUS 

GAMING ORDINANCES 

RESOLUTION No. ABC-2016-009 

WHEREAS, the Apache Tribe of Oklahoma (the "Tribe") is a sovereign, self-governing 

Indian tribe formally recognized by the United States Goverrunent; 

WHEREAS, Article III of the Tribe's Constitution provides that the supreme governing 

body of the Tribe shall be the Tribal Council, which consists of all 

members of the Tribe who are eighteen (18) years of age and older; 

WHEREAS, Article IV of the Tribe's Constitution provides that the officers of the Tribe 

shall be the Chairman, Vice-Chairman and Secretary-Treasure; ' 

WHEREAS, Article V of the Tribe's Constitution provides that the Apache Business 

Committee ("Business Committee") shall have such powers as may be 

delegated to it by appropriate resolutions of the Tribal Council and within 

such delegated authority, may transact business and otherwise speak or act 

on behalf of the Tribe in all matters on which the Tribe is empowered to 

act; and 

WHEREAS, In Resolutions 73-l and 78-7, the Tribal Council delegated its authority to 

transact all tribal business to the Business Committee and, as such, the 

Business Committee is empowered to approve, adopt and enact the 

Amended and Restated Gaming Ordinance of the Apache Tribe of 

Oklahoma, attached hereto. 

NOW THEREFORE BE IT RESOLVED, that the Business Committee has reviewed 

the terms and provisions of the existing gaming ordinance and in the exercise of its sound 
business judgement has determined that the terms and provisions do not meet the current 

needs of the Tribe; 

BE IT FURTHER RESOLVED, that the Business Committee intends to enact the 

Amended and Restated Gaming Ordinance of the Apache Tribe of Oklahoma to promote 

tribal economic development, self-sufficiency and sovereignty; to shield the operation of 

gaming from organized crime and other corrupting influences; to ensure the gaming is 

conducted fairly and honestly by both the operator and players; to improve the economic 

condition of the Tribe to better serve the social, economic, educational and health needs of 

the Tribe's members; 

BE IT FURTHER RESOLVED, that the Business Committee hereby revokes all past 

gaming ordinances and approves, adopts and enacts the Amended and Restated Gaming 

Ordinance of the Apache Tribe of Oklahoma, attached hereto; 

BE IT FURTHER RESOLVED, that the Business Committee shall submit the Amended 

and Restated Gaming Ordinance of the Apache Tribe of Oklahoma to the National Indian 

Gaming Commission (''NIGC") for its approval, consistent with the Indian Gaming 

Regulatory Act; and 

BE IT FINALLY RESOLVED, that the Business Committee may take all necessary 

actions in furtherance ofNIGC approval and implementation of the Amended and 

Restated Gaming Ordinance of the Apache Tribe of Oklahoma. 

CERTIFICATION 

The foregoing rysolution was duly adopted at a Meeting of the Apache Business 

Committee held on the22- day of September, 2016, at the Apache Tribal Complex in 

Anadarko, Ok., by a majority vote of For, _fr_ Against, __Q_Abstained with a 

quorum being present. 

ATTEST: 

~=t'~ 
APACHE TRIBE OF OKLAHOMA

AMENDED AND RESTATED GAMING ORDINANCE

Table of Contents 

Section 1. Purpose 1

Section 2. Applicability 1

Section 3. Definitions 1

Section 4. Gaming Authorized 5

Section 5. Ownership of Gaming 5

Section 6. Use of Net Gaming Revenues 5

Section 7. Per Capita Payments 6

Section 8. Gaming Commission 6

Section 9. Audits 11

Section 10. Environment and Public Health and Safety 11

Section 11. Patron Dispute Resolution 11

Section 12. Facility Licenses 12

Section 13. Agent for Service of Process 13

Section 14. Tribal Access to Financial Information 13

Section 15. License Application Forms 13

Section 16. License Fees 14

Section 17. Fingerprints 14

Section 18. Background Investigations 14

Section 19. Procedures for Conducting Background Investigations 16

Section 20. Investigative Reports 17

Section 21. Eligibility Determinations 17

Section 22. Notice of Results of Background Investigations 18

Section 23. Granting Gaming Licenses 19

Section 24. Denying Gaming Licenses 20

Section 25 Gaming License Suspensions and Revocations 20

Section 26. Records Retention 21

Section 27. Licenses for Vendors 21

Section 28. Submission of a Vendor License Application 22

Section 29. Contents of the Vendor License Application 22

Section 30. Vendor Background Investigations 23

Section 31. Vendor License Fees 24

Section 32. Vendor Background Investigation Reports 24

Section 33. Exemption for Vendors Licensed by Recognized Regulatory 

Authorities 24

Section 34. Compliance with Federal Law and the Tribal-State Compact 24

Section 35. Repeal 24

Section 36. Effective Date 24
1

Section 1. Purpose 

The Apache Business Committee (“Business Committee”) of the Apache Tribe 

of Oklahoma (“Tribe”), empowered by the Tribe’s Constitution and Tribal 

Resolutions 73-1 and 78-7 to enact ordinances, hereby enacts this ordinance to 

promote tribal economic development, self-sufficiency and sovereignty; to 

shield the operation of gaming from organized crime and other corrupting 

influences; and to ensure that gaming is conducted fairly and honestly by both 

the operator and players. 

[25 U.S.C. § 2702(1)-(3)] 

Section 2. Applicability 

 

Unless specifically indicated otherwise, all provisions of this ordinance shall 

apply to class II and class III gaming on the Tribe’s Indian lands. 

Section 3. Definitions 

The following terms shall have the same meaning and effect as those same 

terms are defined in the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 

2701 et seq., and the National Indian Gaming Commission (“NIGC”) 

regulations, 25 C.F.R. §§ 500 et seq., if they are defined in IGRA and the NIGC’s 

regulations.

A. Class I gaming. “Class I gaming” means: 

1. Social games played solely for prizes of minimal value; or 

2. Traditional forms of Indian gaming when played by individuals in 

connection with tribal ceremonies or celebrations. 

[25 U.S.C. § 2703(6); 25 C.F.R. § 502.2]

B. Class II gaming. 

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 objects, similarly numbered 

or designated, are drawn or electronically determined; and 

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

pattern on such cards;
2

2. Pull-tabs, punch boards, tip jars, instant bingo and other games similar 

to bingo, if played in the same location as bingo or lotto; 

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; 

4. Card games played in the states of Michigan, North Dakota, South 

Dakota or Washington, if: 

a. A tribe actually operates the same card games as played on or 

before May 1, 1988, as determined by the NIGC Chair; and 

b. The pot and wager limits remain the same as on or before May 1, 

1988, as determined by the NIGC Chair; 

5. Individually owned class II gaming operations –

a. That were operating on September 1, 1986; 

b. That meet the requirements of 25 § U.S.C. 2710(b)(4)(B); 

c. Where the nature and scope of the game remains as it was on 

October 17, 1988; and 

d. Where the ownership interest or interests are the same as on 

October 17, 1988. 

[25 U.S.C. § 2703(7); 25 C.F.R. § 502.3]

C. Class III gaming. All forms of gaming that are not class I or class II 

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 (21), and pai 

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

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

2. Any slot machines, as defined in 15 U.S.C. § 1171(a)(1), and electronic 

or electromechanical facsimiles of any game of chance; 

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

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

4. Lotteries. 
3

[25 U.S.C. § 2703(8); 25 C.F.R. § 502.4]

D. Commission. The Tribal Gaming Commission established to perform 

regulatory oversight and to monitor compliance with tribal, federal, and 

applicable state regulations. 

E. Commissioner. A Tribal Gaming Commissioner. 

F. Facility License. A separate license issued by the Tribe to each place, 

facility or location on Indian lands where the Tribe elects to allow class II 

or III gaming. 

[25 C.F.R. § 502.23] 

G. Gaming Operation. Each economic entity that is licensed by the Tribe, 

operates the games, receives the revenues, issues the prizes, and pays the 

expenses. A Gaming Operation may be operated by the Tribe directly; by 

a management contractor; or, under certain conditions, by another person 

or entity. 

[25 C.F.R. § 502.10] 

H. Indian lands.

1. Land within the limits of an Indian reservation; or 

2. Land over which an Indian tribe exercises governmental power and 

that is either: 

a. Held in trust by the United States for the benefit of any Indian tribe 

or individual; or 

b. Held by an Indian tribe or individual subject to restriction by the 

United States against alienation. 

[25 U.S.C. § 2703(4); 25 C.F.R. § 502.12; 

see also 25 U.S.C. § 2719; 25 C.F.R. part 292]

I. Key Employee. 

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

a. Bingo caller; 

b. Counting room supervisor; 

c. Chief of security; 

d. Custodian of gaming supplies or cash; 

e. Floor manager; 

f. Pit boss; 
4

g. Dealer; 

h. Croupier; 

i. Approver of credit; or 

j. Custodian of gambling devices, 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 per year; 

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

in the Gaming Operation; or 

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

[25 C.F.R. § 502.14)] 

J. Licensee. A tribally owned class II or class III Gaming Operation or a 

person licensed by the Tribal Gaming Commission as a Primary 

Management Official, Key Employee or other gaming employee under the 

provisions of this ordinance. 

K. Management Contract. Any contract, subcontract or collateral 

agreement between an Indian tribe and a contractor or between a 

contractor and a subcontractor if such contract or agreement provides for 

the management of all or part of a Gaming Operation. 

[25 C.F.R. § 502.15] 

L. Net Revenues. Gross gaming revenues of an Indian Gaming Operation 

less:

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

2. Total gaming-related operating expenses, including all those expenses 

of the Gaming Operation commonly known as operating expenses and 

non-operating expenses consistent with professional accounting 

pronouncements, excluding management fees. 

[25 U.S.C. § 2703(9); 25 C.F.R. § 502.16] 

M. Primary Management Official. 

1. The person(s) having management responsibility for a management 

contract. 

2. Any person who has authority: 
5

a. To hire and fire employees; or 

b. To set up working policy for the Gaming Operation; or 

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

management responsibility. 

3. Any other person designated by the Tribe as a Primary Management 

Official. 

[25 C.F.R. § 502.19] 

N. Tribal-State Compact. “Tribal-State Compact” means an agreement 

between a tribe and state about class III gaming under 25 U.S.C. § 2710(d). 

[25 U.S.C. § 2710(d); 25 C.F.R. § 502.21]

O. Tribe. “Tribe” means the Apache Tribe of Oklahoma.

Section 4. Gaming Authorized 

Class II and class III gaming are authorized to be conducted on the Tribe’s 

Indian lands, if such gaming is conducted in accordance with this ordinance, 

the Indian Gaming Regulatory Act, the NIGC’s regulations, and any other 

applicable laws or regulations. 

Section 5. Ownership of Gaming 

A. The Tribe shall have the sole proprietary interest in and responsibility for 

the conduct of any Gaming Operation authorized by this ordinance, unless 

the Tribe elects to allow individually owned gaming. 

[25 U.S.C. § 2710(b)(2)(A); 25 C.F.R. §§ 522.4(b)(1), 522.6(c)]

B. The Tribe may authorize individually owned gaming in accordance with 

IGRA and the NIGC’s regulations. 

 [25 U.S.C. § 2710(b)(4); 25 C.F.R. §§ 522.4(b)(1), 522.6(c), 522.10] 

 

Section 6. Use of Net Gaming Revenues 

A. Net revenues from Tribal gaming shall be used only for the following 

purposes:

1. To fund Tribal government operations or programs; 

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

3. To promote Tribal economic development; 
6

4. To donate to charitable organizations; or 

5. To help fund operations of local government agencies.

[25 U.S.C. § 2710(b)(2)(B); 25 C.F.R. §§ 522.4(b)(2), 522.6(b)] 

Section 7. Per Capita Payments 

A. Net revenues from any class II and class III gaming activities conducted or 

licensed by the Tribe may be used to make per capita payments to Tribal 

members if—

1. The Tribe has prepared a plan6 to allocate revenues to one or more of 

the five uses authorized by section 6(A) of this ordinance; 

 

2. The plan is approved by the Secretary of the Interior as adequate, 

particularly with respect to the uses described in sections 6(1) and 6(3) 

of this ordinance; 

3. The interests of minors and other legally incompetent persons who are 

entitled to receive any of the per capita payments are protected and 

preserved, and the per capita payments are disbursed to the parents or 

legal guardian of such minors or legal incompetents in such amounts 

as may be necessary for the health, education, or welfare of the minor 

or other legally incompetent person; and 

4. The per capita payments are subject to Federal taxation and the Tribe 

notifies its members of such tax liability when payments are made. 

[25 U.S.C. § 2710(b)(3); 25 C.F.R. §§ 522.4(b)(2)(ii), 522.6(b)] 

Section 8. Gaming Commission 

A. The Tribe hereby establishes a Tribal Gaming Commission 

(“Commission”) to regulate the Tribe’s Gaming Operations. The 

Commission shall consist of three (3) members, including a Chair, 

Vice-Chair and one additional Commissioner.

B. The Commission will conduct oversight to ensure compliance with Tribal, 

federal and, if applicable, state laws and regulations. It will serve as the 

licensing authority for individuals employed in the Gaming Operation 

and will administer background investigations as part of the licensing 

process. The Commission will also have a role in monitoring compliance 

with the Gaming Operation’s internal controls and in tracking gaming 

revenues. In order to carry out its regulatory duties, the Commission 

shall have unrestricted access to all areas of the Gaming Operation and to 
7

all of its records. The Commission shall have authority to take 

enforcement actions, including suspension or revocation of an individual 

gaming license, when appropriate. 

C. Commissioner positions shall be filled in the following manner: Through 

appointment by the Business Council. 

D. Terms of office for Commissioners shall be as follows: the Chair shall serve 

an initial term of one (1) year, with subsequent Chairs serving 3-year 

terms; and the Vice-Chair and Commissioner(s) shall serve an initial term 

of two (2) years, with subsequent Vice-Chairs and Commissioners serving 

3-year terms. 

E. The following persons are not eligible to serve as Commissioners: Business 

Council members, while serving as such; current employees of the Gaming 

Operation; gaming contractors (including any principal of a management, 

or other, contracting company); persons sharing a residence with any of 

the above; and persons ineligible to be Key Employees or Primary 

Management Officials. Non-tribal members previously convicted of any 

felony or misdemeanor offense of embezzlement, theft or any other 

money-related or honesty-related misdemeanor offense, such as fraud, 

cannot serve as a Commissioner. Tribal members previously convicted of 

any felony or misdemeanor offense of embezzlement, theft or any other 

offense related to money or honesty, such as fraud, will only be allowed to 

serve as a Commissioner if the Business Council specifically finds that a 

significant amount of time has passed and the person is now of 

trustworthy character. The Business Council shall require a criminal 

history check with appropriate law enforcement agencies for each 

Commissioner candidate; shall review the candidate’s criminal history 

check results; and shall make an appropriate eligibility determination 

before appointing an individual to the position of Commissioner. 

F. The Tribe recognizes the importance of an independent Tribal Gaming 

Commission in maintaining a well-regulated Gaming Operation. The 

Commission shall be independent of, and act independently and 

autonomously from, the Business Council in all matters within its 

purview. No prior, or subsequent, review by the Business Council of any 

actions of the Commission shall be required or permitted except as 

otherwise explicitly provided in this ordinance. To avoid potential 

conflicts of interest between the operation and regulation of the gaming 

facility, the Tribe requires that, at a minimum: 

1. No member of the Business Council may serve on the Tribal Gaming 

Commission; 

2. No person sharing a residence with any Business Council member may 

serve on the Tribal Gaming Commission; 
8

3. Members of the Commission are prohibited from gambling in the 

facility; 

4. Commissioners are prohibited from accepting complimentary items 

from the Gaming Operation, excepting food and beverages valued 

under five dollars ($5 .00); and 

5. Commissioners may only be removed from office by the Business 

Council, prior to the expiration of their respective terms, for neglect of 

duty, misconduct, malfeasance or other acts that would render a 

Commissioner unqualified for the position. 

G. Nominees for Commissioner positions must satisfy the eligibility 

standards set forth for Primary Management Officials and Key Employees 

found in Section 21 of this ordinance. All requisite background 

investigations shall be performed under the direction of the Gaming 

Commission. 

H. The Tribal Gaming Commission shall: 

1. Conduct background investigations, or cause such investigations to be 

conducted, for Primary Management Officials and Key Employees; 

2. Review and approve all investigative work conducted in connection 

with the background investigations of Primary Management Officials 

and Key Employees; 

3. Create and maintain investigative reports based on the background 

investigations of Primary Management Officials and Key Employees; 

4. Obtain and process fingerprints, or designate a law enforcement 

agency to obtain and process fingerprints; 

5. Make licensing eligibility determinations, which shall be signed by the 

Chair of the Commission; 

6. Submit a notice of results to the NIGC of the background 

investigations done for each Primary Management Official and Key 

Employee applicant; 

7. Issue gaming licenses to Primary Management Officials and Key 

Employees of the Operation, if warranted by the eligibility 

determination; 

8. Establish standards for licensing Tribal gaming facilities; 
9

9. Issue gaming licenses to Tribal gaming facilities; 

10. Inspect, examine and monitor all of the Tribe’s gaming activities, and 

have immediate access to review, inspect, examine, photocopy and 

audit all records of the gaming establishment; 

11. Ensure compliance with all Tribal, state and federal laws, rules and 

regulations regarding Indian gaming; 

12. Investigate any suspicion of wrongdoing associated with any gaming 

activities; 

13. Hold hearings on patron complaints, in accordance with procedures 

established in this ordinance and the Tribal gaming regulations; 

14. Comply with any and all reporting requirements under IGRA, the 

NIGC’s regulations and any Tribal-State Compact to which the Tribe is 

a party, and any other applicable law; 

15. Promulgate and issue regulations necessary to comply with applicable 

internal control standards; 

16. Promulgate and issue regulations on the levying of fees and/or taxes 

associated with gaming license applications;

17. Promulgate and issue regulations on the levying of fines and/or the 

suspension or revocation of gaming licenses for violations of this 

ordinance or any Tribal, federal or state gaming regulations, if 

applicable; 

18. Establish a list of persons not allowed to game in the Tribe’s gaming 

facilities in order to maintain the integrity of the Gaming Operation; 

19. Establish a list of persons who have voluntarily agreed to be excluded 

from the Tribal gaming facility, and create regulations for enforcing the 

exclusions; 

20. Provide referrals and information to the appropriate law enforcement 

officials when such information indicates a violation of Tribal, federal 

or state statutes, ordinances, regulations, codes or resolutions;

21. Create a list of regulatory authorities that conduct background 

investigations of, and license, vendors who are recognized as 

trustworthy; 

22. Draft regulations exempting vendors from the licensing and/or 

background investigation requirements if they have received a license 
10

from a recognized regulatory authority; 

23. Perform such other duties the Commission deems appropriate for the 

proper regulation of the Tribal Gaming Operation; and 

24. Promulgate such regulations and guidelines as deemed appropriate to 

implement the provisions of this ordinance, so long as they are in 

furtherance of, and not in conflict with, any provisions of this 

ordinance. 

I. Before adopting, amending and repealing regulations, the Commission 

shall give notice of any such proposed action to the Business Committee, 

the Gaming Operation(s) and all other persons whom the Commission has 

reason to believe have a legitimate interest in the proposed action. The 

notice shall invite comments and describe the general nature of the 

proposed action and the manner in which comments on the proposed 

action shall be received by the Commission.

J. The Commission shall ensure that all records and information obtained as 

a result of an employee background investigation shall remain 

confidential and shall not be disclosed to any persons who are not directly 

involved in the licensing and employment processes. Information 

obtained during the course of an employee background investigation shall 

be disclosed to members of management, human resource personnel 

and/or others employed by the Tribal Gaming Operation on a 

need-to-know basis, for actions taken in their official capacities. 

K. The confidentiality requirements in Section 8(J), above, do not apply to 

requests for such records or information from any Tribal, federal, or state 

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

information by the Commission and staff in the performance of their 

official duties. 

L. A majority of the Commission shall constitute a quorum. The 

concurrence of a majority of the Commissioners shall be required for any 

final determination by the Commission. The Commission may act in its 

official capacity, even if there are vacancies on the Commission. 

M. Commissioners shall be compensated at a level determined by the Tribal 

Council. In order to ensure the Commission is not improperly influenced, 

a Commissioner’s compensation shall not be based on a percentage of 

gaming revenue. 

N. The Commission shall keep a written record of all its meetings. 

Section 9. Audits 
11

A. The Tribe shall cause to be conducted independent audits of Gaming 

Operations annually and shall submit the results of those audits to the 

NIGC.

[25 U.S.C. § 2710(b)(2)(C); 25 C.F.R. § 522.4(b)(3)] 

1. Annual audits shall conform to generally accepted auditing standards. 

[25 C.F.R. § 571.12(b)]

B. All gaming-related contracts that result in the purchase of supplies, 

services or concessions for more than $25,000 in any years (except 

contracts for professional legal and accounting services) shall be 

specifically included within the scope of the audit conducted under 

Section 9(A) of this ordinance. 

[25 U.S.C. § 2710(b)(2)(D); 25 C.F.R. §§ 522.4(b)(4), 522.6(b)] 

C. Copies of the annual audit of each licensed Gaming Operation, and each 

audit for supplies, services or concessions of each Gaming Operation, 

shall be furnished to the NIGC within 120 days after the end of each fiscal 

year of the Gaming Operation. 

[25 C.F.R. § 571.13] 

Section 10. Environment and Public Health and Safety 

A. Each gaming facility shall be constructed, maintained, and operated in a 

manner that adequately protects the environment and the health and 

safety of the public. 

[25 U.S.C. § 2710(b)(2)(E); 

25 C.F.R. §§ 522.4(b)(7), 522.6(b), and 559.4)] 

B. The Business Committee shall identify and enforce laws, resolutions, 

codes, policies, standards, or procedures, which are applicable to each 

gaming place, facility or location, to ensure adequate protection of the 

environment and the health and safety of the public. 

[25 U.S.C. § 2710(b)(2)(E); 

25 C.F.R. §§ 522.4(b)(7), 522.6(b), 559.1, and 559.4] 

Section 11. Patron Dispute Resolution

Patrons with tort claims for personal injury or property damage against a 

Gaming Operation arising out of incidents occurring therein (“tort claims”) or 
12

disputes, in connection with his or her play of any covered game, as that term 

is defined in the Tribal-State Compact, the amount of any prize which has 

been awarded, the failure to be awarded a prize, or the right to receive a 

refund or other compensation (“prize claims”) shall have as their sole 

remedies those remedies provided for in the Tribal-State Compact. Such 

tort claims and prize claims shall comply with all substantive and procedural 

requirements as provided for in the Tribal-State Compact. 

[25 C.F.R. § 522.2(f)] 

Section 12. Facility Licenses 

A. The Tribe shall issue a separate license to each place, facility or location on 

Indian lands where class II and/or class III gaming is conducted under 

this ordinance. 

 [25 U.S.C. §§ 2710(b)(1), 2710(d)(1)(A)(ii);

25 C.F.R. §§ 522.4(b)(6), 522.6(b)] 

B. The Tribal Gaming Commission is responsible for issuing new or 

renewed Facility Licenses to each place, facility or location. 

C. The Tribal Gaming Commission shall require that a Facility License 

application be completed by the chief management official of the gaming 

facility for each gaming place, facility or location. 

D. The Tribal Gaming Commission shall identify the environmental, health 

and public safety standards with which the place, facility or location must 

comply, and specify the form, conditions and content of a Facility License 

application. The application shall include: 

 

1. A legal description of the lands upon which the facility is located, and 

a certification that the site constitutes “Indian lands,” as defined in 

IGRA, the NIGC’s regulations, NIGC Office of General Counsel and 

DOI Solicitor Offices’ Indian lands legal opinions, judicial decisions 

and any other applicable law. 

E. The Tribal Gaming Commission shall only issue a Facility License if the 

application includes the required information and documentation, and 

sufficiently satisfies any additional conditions deemed necessary by the 

Tribe. 

 

F. The Tribe or Tribal Gaming Commission shall submit to the NIGC Chair a 

notice that issuance of a Facility License is under consideration by the 

Tribal Gaming Commission. This notice must be submitted at least 120 

days before the opening of any new place, facility or location on Indian 

lands where class II and/or III gaming will occur. 
13

 [25 C.F.R. § 559.2(a)] 

G. The Tribal Gaming Commission shall submit a copy of each newly issued 

or renewed Facility License to the NIGC Chair within 30 days of issuance, 

along with any other required documentation. 

 [25 C.F.R. § 559.3] 

H. The Tribe shall notify the NIGC Chair within 30 days if a Facility License 

is terminated or expires, or if a gaming place, facility, or location closes or 

reopens. 

 [25 C.F.R. § 559.5] 

Section 13. Agent for Service of Process 

The Tribe designates the Chairman of the Business Committee as the agent 

for service of any official determination, order or notice of violation. 

[25 C.F.R. §§ 519.1, 522.2(g), 522.6(a)] 

Section 14. Tribal Access to Financial Information 

A copy of the Tribal Gaming Operation’s annual audit will be made available 

for review, upon request, to the Tribe’s Business Committee.

Section 15. License Application Forms

A. The following notice shall be placed on the Tribe’s license application 

form for a Key Employee or a Primary Management Official before it 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 by the Tribe or the NIGC 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 NIGC 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 
14

indicated in this notice will result in a tribe being unable to license you for 

a primary management official or key employee position. 

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

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

application. 

[25 C.F.R. § 556.2(a)] 

B. The following additional notice shall be placed on the application form 

for a Key Employee or a Primary Management Official before it 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 fine or imprisonment (U.S. Code, title 18, section 

1001). 

[25 C.F.R. § 556.3(a)] 

Section 16. License Fees 

The Tribe may charge a license fee, to be set by the Tribal Gaming 

Commission, to cover its expenses in investigating and licensing Key 

Employees and Primary Management Officials of the Gaming Operation. 

Section 17. Fingerprints 

The Tribe shall perform a background investigation for each Primary 

Management Official and Key Employee of the Gaming Operation. The Tribe 

shall request fingerprints from each Primary Management Official and Key 

Employee. Fingerprints shall be taken by the Gaming Commission.

Fingerprints will then be forwarded to the NIGC for processing through the 

FBI and the National Criminal Information Center to determine the 

applicant’s criminal history, if any.

[25 U.S.C. § 2710(b)(2)(F); 

25 C.F.R. §§ 522.2(h), 522.6(a), 556.4(a)(14)] 

Section 18. Background Investigations

A. The Tribe shall perform a background investigation for each Primary 

Management Official and Key Employee in its Gaming Operation. 

 

[25 U.S.C. § 2710(b)(2)(F)(i); 25 C.F.R. §§ 522.4(b)(5), 556.4] 

B. The Tribal Gaming Commission is responsible for conducting the 
15

background investigations of Primary Management Officials and Key 

Employees. 

C. The Tribal Gaming Commission shall obtain from each Primary 

Management Official and Key Employee all of the following information: 

1. Full name, other names used (oral or written), social security number, 

birth date, place of birth, citizenship, gender and all languages spoken 

and/or written); 

2. Currently, and for the previous five (5) years, business and 

employment positions held, ownership interests in those businesses, 

business and residential addresses, and driver’s license numbers; 

3. 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 (C)(2) of this section; 

4. Current business and residential telephone numbers, and all cell 

phone numbers; 

5. A description of any existing and previous business relationships with 

other tribes, including any ownership interests in the businesses; 

6. A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interests in the 

businesses; 

7. 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; 

8. 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 of disposition, if any; 

9. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations) within 10 years of the 

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

and the date of disposition, if any; 

10. For each criminal charge (excluding minor traffic charges), whether or 

not there is a conviction, if such criminal charge is within 10 years of 

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

paragraphs (C)(8) or (C)(9) of this Section, the criminal charge, the 

name and address of the court involved, and the date of disposition, if 
16

any; 

11. The name and address of any licensing or regulatory agency with 

which the person has filed an application for an occupational license 

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

12. A photograph; 

13. Any other information the Tribe deems relevant; and 

14. Fingerprints obtained in accordance with procedures adopted by the 

Tribe pursuant to 25 C.F.R. § 522.2(h). 

[25 U.S.C. § 2710(b)(2)(F)(i); 25 C.F.R. §§ 522.2(h),

522.4(b)(5, 522.6(a), 556.4(a)(1)-(14)] 

D. When a Primary Management Official or Key Employee is employed by 

the Tribe, a complete application file, containing all of the information 

listed in Section 18(c), shall be maintained. 

 [25 U.S.C. § 2710(b)(2)(F)(i); 25 C.F.R. §§ 522.4(b)(5), 556.6(a)] 

Section 19. Procedures for Conducting Background Investigations

A. The Tribal Gaming Commission, or its agent, shall employ or engage an 

investigator to conduct a background investigation of each applicant for a 

Primary Management Official or Key Employee position. The 

investigation must be sufficient to allow the Tribal Gaming Commission 

to make an eligibility determination under Section 22 of this ordinance. 

The investigator shall: 

1. Verify the applicant’s identity through items such as a social security 

card, driver’s license, birth certificate or passport; 

2. Contact each personal and business reference provided in the license 

application, when possible; 

3. Conduct a personal credit check; 

4. Conduct a civil history check for past or outstanding judgments, 

current liens, past or pending lawsuits, and any other information 

deemed to be relevant; 

5. Conduct a criminal history records check by submitting the 

applicant’s fingerprints to the NIGC or to another law enforcement 

agency for forwarding to the FBI to perform a criminal history records 

check utilizing the FBI’s data base; 
17

6. Based on the results of the criminal history records check, as well as 

information acquired from an applicant’s self-reporting or from any 

other source, obtain information from the appropriate court regarding 

any past felony and/or misdemeanor convictions or ongoing 

prosecutions within the past 10 years; 

7. Inquire into any previous or existing business relationships with the 

gaming industry, including with any tribes with Gaming Operations, 

by contacting the entities or tribes; 

8. Verify the applicant’s history and current status with any licensing 

agency by contacting the agency; and 

9. Take other appropriate steps to verify the accuracy of the information, 

focusing on any problem areas noted.

[25 U.S.C. § 2710(b)(2)(F)(i); 25 C.F.R. §§ 522.4(b)(5), 556.5] 

Section 20. Investigative Reports

A. The Tribe shall create and maintain an investigative report for each 

background investigation of a Primary Management Official or Key 

Employee. 

[25 U.S.C. § 2710(b)(2)(F)(i)); 25 C.F.R. §§ 522.4(b)(5), 556.6(b)(1)] 

B. Investigative reports shall include all of the following information: 

1. Steps taken in conducting the investigation; 

2. Results obtained; 

3. Conclusions reached; and 

4. The basis for those conclusions. 

[25 U.S.C. § 2710(b)(2)(F)(i); 25 C.F.R. §§522.4(b)(5), 556.6(b)(1)] 

Section 21. Eligibility Determinations 

A. Before a license is issued to a Primary Management Official or Key 

Employee, an authorized Tribal official shall make a finding concerning 

the eligibility of that person for receiving a gaming license by reviewing 

the applicant’s prior activities, criminal record, if any, and reputation, 

habits and associations. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(II); 25 C.F.R. §§522.4(b)(5), 556.5(a)]

B. If the authorized Tribal official, in applying the standards adopted in this 
18

ordinance, determines that licensing the person poses a threat to the 

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

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

and/or activities in the conduct of gaming, he or she shall not license that 

person in a Key Employee or Primary Management Official position. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(II); 25 C.F.R. § 556.5(b)] 

C. Copies of the eligibility determination shall be included with the notice of 

results that must be submitted to the NIGC before the licensing of a 

Primary Management Official or Key Employee. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(III); 25 C.F.R. § 556.6(b)(2)(iv)] 

Section 22. Notice of Results of Background Investigations 

A. Before issuing a license to a Primary Management Official or Key 

Employee, the Tribal Gaming Commission shall prepare a notice of 

results of the applicant’s background investigation to submit to the NIGC. 

1. The notice of results must be submitted to the NIGC no later than 60 

days after the applicant begins working for the Tribe. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(II); 25 C.F.R. § 556.6(b)(2)] 

B. The notice of results shall include the following information: 

1. The applicant’s name, date of birth, and social security number; 

2. The date on which the applicant began, or will begin, working as a 

Primary Management Official or Key Employee; 

3. A summary of the information presented in the investigative report, 

including: 

a. licenses that have previously been denied; 

b. gaming licenses that have been revoked, even if subsequently 

reinstated; 

c. every known criminal charge brought against the applicant within 

the last 10 years of the date of the application; and 

d. every felony offense of which the applicant has been convicted or

any ongoing prosecution; and 

4. A copy of the eligibility determination made in accordance with 

Section 21. 

 [25 C.F.R. § 556.6(b)(2)(i)-(iv)] 
19

Section 23. Granting Gaming Licenses

A. All Primary Management Officials and Key Employees of the Gaming 

Operation must have a gaming license issued by the Tribe. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(I)] 

 

B. The Tribal Gaming Commission is responsible for granting and issuing 

gaming licenses to Primary Management Officials and Key Employees. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(I); 

25 C.F.R. § 558.1] 

C. The Tribal Gaming Commission may license a Primary Management 

Official or Key Employee applicant after submitting a notice of results of 

the applicant’s background investigation to the NIGC, as required by 

Section 22.

[25 C.F.R. § 558.3(a)] 

D. The Tribal Gaming Commission shall notify the NIGC of the issuance of a 

license to a Primary Management Official or Key Employee within 30 

days of issuance. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(I); 25 C.F.R. § 558.3(b)] 

E. The Tribe shall not employ an individual in a Primary Management 

Official or Key Employee position who does not have a license after 90 

days of beginning work at the Gaming Operation. 

[25 C.F.R. § 558.3(c)] 

F. The Tribal Gaming Commission must reconsider a license application for 

a Primary Management Official or Key Employee if it receives a statement 

of itemized objections to issuing such a license from the NIGC, and those 

objections are received within 30 days of the NIGC receiving a notice of 

results of the applicant’s background investigation. 

[25 C.F.R. § 558.2]

1. The Tribal Gaming Commission shall take the NIGC’s objections into 

account when reconsidering a license application. 

[25 C.F.R. § 558.2(c)] 

G. The Tribe will make the final decision whether to issue a license to an 
20

applicant for a Primary Management Official or Key Employee position. 

[25 C.F.R. § 558.2(c)] 

H. If the Tribal Gaming Commission has issued a license to a Primary 

Management Official or Key Employee before receiving the NIGC’s 

statement of objections, notice and a hearing shall be provided to the 

Licensee, as required by Section 26. 

[25 C.F.R. § 558.2(d)] 

Section 24. Denying Gaming Licenses 

A. The Tribal Gaming Commission shall not license a Primary Management 

Official or Key Employee if an authorized Tribal official determines, in 

applying the standards in Section 21 for making a license eligibility 

determination, that licensing the person: 

1. Poses a threat to the public interest; 

2. Poses a threat to the effective regulation of gaming; or

3. Creates or enhances the dangers of unsuitable, unfair or illegal 

practices, methods and/or activities in the conduct of gaming. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(II); 25 C.F.R. § 556.5(b)] 

B. When the Tribal Gaming Commission does not issue a license to an 

applicant for a Primary Management Official or Key Employee position, 

or revokes a previously issued license after reconsideration, it shall: 

1. Notify the NIGC; and 

2. Forward copies of its eligibility determination and notice of results of 

the applicant’s background investigation to the NIGC for inclusion in 

the Indian Gaming Individuals Record System. 

[25 C.F.R. § 558.3(d)] 

Section 25. Gaming License Suspensions and Revocations

A. If, after a license is issued to a Primary Management Official or Key 

Employee, the Tribe receives notice from the NIGC that the Primary 

Management Official or Key Employee is not eligible for employment, the 

Tribal Gaming Commission shall do the following:

1. Immediately suspend the license; 
21

2. Provide the Licensee with written notice of the suspension and 

proposed revocation; and 

3. Provide the Licensee with notice of a time and place for a hearing on 

the proposed revocation of the license. 

[25 C.F.R. § 558.4(a)-(c)] 

B. The right to a revocation hearing vests only when a license is granted 

under an ordinance approved by the NIGC Chair. 

[25 C.F.R. § 558.4(d)] 

C. Following a revocation hearing, the Tribe shall decide whether to revoke 

or reinstate the license at issue.

[25 C.F.R. § 558.4(e)] 

D. The Tribe shall notify the NIGC of its decision to revoke or reinstate a 

license within 45 days of receiving notification from the NIGC that a 

Primary Management Official or Key Employee is not eligible for 

employment. 

[25 U.S.C. § 2710(b)(2)(F)(ii)(I );25 C.F.R. § 558.4(e)] 

Section 26. Records Retention 

A. The Tribal Gaming Commission shall retain, for no less than three years 

from the date a Primary Management Official or Key Employee is 

terminated from employment with the Tribe, the following 

documentation: 

1. Applications for licensing; 

2. Investigative Reports; and 

3. Eligibility Determinations.

[25 C.F.R. §§ 522.4(b)(5); 558.3(e)] 

Section 27. Licenses for Vendors

Vendors of gaming services or supplies, with a value of $25,000 or more 

annually, must have a vendor license from the Tribal Gaming Commission in 

order to transact business with the Tribal Gaming Operation. Contracts for 

professional legal and accounting services are excluded from this Section. 
22

Section 28. Submission of a Vendor License Application

In order to obtain a gaming vendor license, the business must complete a 

vendor application and submit to background checks of itself and its 

principals. Principals of a business include those officers, directors, managers, 

owners, partners, and non-institutional stockholders that either own 10% or 

more of the business’ stock or are the 10 largest stockholders, as well as the 

on-site supervisors or managers designated in an agreement with the Tribe, if 

applicable. 

Section 29. Contents of the Vendor License Application 

A. Applications for gaming vendor licenses must include the following: 

1. Name of business, business address, business telephone number(s), 

federal tax identification number (or social security number, if a sole 

proprietorship), main office address (if different from business 

address), any other names used by the applicant in business, and type 

of service(s) applicant will provide; 

2. Whether the applicant is a partnership, corporation, limited liability 

company, sole proprietorship or other entity; 

3. If the applicant is a corporation, the state of incorporation and the 

qualification to do business in the State of Oklahoma, if the Gaming 

Operation is in a different state than the state of incorporation. 

4. Trade name, other names ever used and names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its principals; 

5. General description of the business and its activities; 

6. Whether the applicant will be investing in, or loaning money to, the 

Gaming Operation, and, if so, how much; 

7. A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interests in those 

businesses; 

8. A list of Indian tribes with which the vendor has an existing or 

previous business relationship, including ownership, financial or 

management interests in any non-gaming activity; 

9. Names, addresses and telephone numbers of three (3) business 

references with whom the company has regularly done business for 

the last five (5) years; 
23

10. The name and address of any licensing or regulatory agency with 

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

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

11. If the business has ever had a license revoked for any reason, the 

circumstances involved; 

12. A list of lawsuits to which the business has been a defendant, 

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

and disposition, if any; 

13. A list the business’ funding sources and any liabilities of $50,000 or 

more; 

14. A list of the principals of the business, their social security numbers, 

addresses, telephone numbers, titles, and percentage of ownership in 

the company; and 

15. Any further information the Tribe deems relevant. 

B. The following notice shall be placed on the application form for a vendor 

and its principals:

Inclusion of false or misleading information in the vendor application 

may be grounds for denial or revocation of the Tribe’s vendor license. 

C. A vendor may submit to the Tribal Gaming Commission a copy of a 

recent license application to another jurisdiction if it contains the 

information listed above. The vendor will be required to submit, in 

writing, any changes in the information since the other license application 

was filed, and any information requested by the Tribe not contained in 

the other application. 

Section 30. Vendor Background Investigations 

 

The Tribal Gaming Commission shall employ or otherwise engage an 

investigator to complete an investigation of a gaming vendor. This 

investigation shall include, at a minimum, the following steps: 

A. Verification of the vendor’s business’ incorporation status and 

qualifications to do business in the state where the Gaming Operation is 

located; 

B. Obtaining a business credit report, if available, and conducting a Better 

Business Bureau check on the vendor; 
24

C. Conducting a check of the vendor’s business’ credit history; 

D. Calling and questioning each of the references listed in the vendor 

application; and 

E. Conducting an investigation of the principals of the vendor’s business, 

including facilitating a criminal history check, obtaining criminal history 

check results, obtaining a credit report, and interviewing the personal 

references listed. 

Section 31. Vendor License Fees 

 

The Tribe may charge a license fee, to be set by the Tribal Gaming 

Commission, to cover its expenses in investigating and licensing vendors of 

the Gaming Operation. 

Section 32. Vendor Background Investigation Reports

The investigator shall complete an investigative report covering each of the 

steps taken in the background investigation of the gaming vendor and its 

principals, and present it to the Tribal Gaming Commission. 

Section 33. Exemption for Vendors Licensed by Recognized Regulatory Authorities

The Tribal Gaming Commission may adopt regulations naming specific 

licensing authorities that it recognizes and may authorize exemptions to the 

vendor licensing process for vendors who have received a license from one of 

the named regulatory authorities. 

Section 34. Compliance with Federal Law and the Tribal-State Compact

The Tribe shall comply with all applicable federal laws, including the Bank 

Secrecy Act, 31 U.S.C. § 5311 et seq., and all requirements included in the 

Tribal-State Compact.

Section 35. Repeal

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

gaming ordinances are hereby repealed. 

Section 36. Effective Date 

This ordinance shall take effect immediately upon its approval by the NIGC 

Chair.