FEB 2~i ~

P.O. Box 70 PHONE (405) 628-2561

TONKAWA, OKLAHOMA 74653

TON KAWA TRIBE OF OKLAHOMA -o

TONKAWA TRIBAL COUN~lL.~:

~0

rs.~ 5~

February 19, 1997

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

WHEREAS,

the Tonkawa Tribe of Oklahoma is a federally recognized Tribe of American Indians under the authority of the

Oklahoma Indian Well~re Act of 1936, and

the Tonkawa Tribal Business Committee is empowered by the Constitution and By-Laws to speak for and act in

behalf of the Tonkawa Tribe of Oklahoma, and 0

the Tonkawa Tribal Business Committee has the duty and responsibility to act in the best interests of the Tribe I

with regards to matters pertaining to the economic wellbeing of the Tribe, and 4

the Tonkawa Tribal Business Committee has determined that the best interests of the Tribe is best served through

the enactment of a Gaming Ordinance for the regulation of all gaming activity conducted within the territorial

jurisdiction of the Tonkawa Tribe of Oklahoma in order to promote the economic welfare of the Tribe, and ()

the National Indian Gaming Commission has requested that minor changes be made in the Gaining Ordinance,

Section 15.4.C. and L., to ensure total compliance with all applicable law, and

the Tonkawa Tribal Business Committee has made the necessary changes as requested by the National Indian

Gaining Commission. NOW,

THEREFORE BE IT RESOLVED that the Tonkawa Tribal Business Committee acting for and in behalf of the Tonkawa Tribe of

Oklahoma, hereby approves and adopts those changes in the Tonkawa Tribe of Oklahoma Gaming Ordinance as requested by the

National Indian Gaming Commission.

CERTIFICATION

We, the undersigned officers of the Tonkawa Tribal Business Committee, do hereby certif~r that the forgoing Resolution T-R-O6~9L

was

~

adopted this 19th day of February, 1997, by a vote of, 3 FOR, 0 AGAINST, and 0 ABSENT.

( __________

Richard L. Cornell

President

RESOLUTION: T-R-06-97

A RESOLUTION APPROVING AND ADOPTING NECESSARY CHANGES IN THE TONKAWA TRIBE OF

OKLAHOMA GAMING ORDINANCE TO COMPLY WITH APPLICABLE LAW, AS REQUESTED BY TIlE

NATIONAL INDIAN GAMING COMMISSION.

Donald L. Patterson

Secretary/Treasurer

~z~pLc,

Charle~F.

Vice-President

Norman

~
SECTION 14

FINANCIAL AUDiT

At the close of each fiscal year (commencing with the current Tribal fiscal year), the TGC shall

engage an independent Certified Public Accountant to audit the books and records of all Gaining

Operations conducted under this Ordinance. The audit shall be completed within ninety (90) days

after the close of the fiscal year. Upon completion of the audit, the TGC shall forward copies of

any audit reports and management letter to the National Indian Gaming Commission. The TGC

shall engage auditors experienced in auditing Class ifi Gaming who shall perform the audit in

conformity with the most current edition of Accounting and Audit Guide - Casinos published by

the American Institute of Certified Public Accountants. All gaining-related contracts that result in

purchases of supplies, services, or concessions for more than $25,000.00 in any one year (except

contracts for professional legal or accounting services) shall be included within the scope of the

audit.

SECTION 15

BACKGROUND INVESTIGATIONS

15.1 INVESTIGATION PRIOR TO EMPLOYMENT. The TGC or other appointing

employing authority shall conduct a criminal background check and any other such

investigation as may be deemed necessary prior to the appointment or employment of any

person subject to the standards in Section 11.1 and 11.2 above including, but not limited

to, fingerprint checks as set forth in Section 18 hereof

15.2 RECORD RETENTION. All records pertaining to the investigation and determinations

required by section 11.1 and 11.2 above shall be retained by the appointing/employing

authority for a period of at least 7 years.

15.3 SUBJECT TO COMPACT PROVISION. All TGC board members, and all gaming

activity employees shall be subject to all applicable provisions of the compact.

15.4 CONTENTS OF QUESTIONNAIRES. The tribe shall receive from every Board

member or officer, every member, every management official and each key employee, a

background questionnaire containing at least the following information.

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

place of birth, citizenship, and gender;

B) A current photograph, drivers license number, and a list of all languages spoken or

written;

C) Business and employment positions held, and business and residence addresses

currently and for the previous five (5) years and any ownership interests in those

businesses;

13
D) The names and current addresses of at least three (3) personal references, including

one personal reference who was acquainted with the person at each different

residence location for the past five (5) years;

E) Current business and residence telephone numbers;

F) A description of any existing and previous business relationships with Indian tribes,

including ownership interests in those businesses;

G) A description of any existing and previous business relationships with the gaming

industry generally, including ownership interests in those businesses;

H) The name and address of any licensing or regulatory agency with which the person

has filed an application for a license or permit relating to gaming, whether or not

such license was granted;

I) For each gaming offense and for each felony for which there is an ongoing

prosecution or a conviction, the name and address of the court involved, the

charge, and the dates of the charge and of the disposition;

J) For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding

minor traffic violations) within 10 years of the date of the application, the name

and address of the court involved and the date and disposition.

K) 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 this Section, the criminal charge, the name

and address of the court involved and the date and disposition.

L) Any information the Tribe deems relevant.

15.5 PRIVACY ACT NOTICE.

A) The following notice shall be placed on top of the application form for key

employees and/or primary management officials.

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 employed in a gaming operation, or the suitability of individuals

with a financial interest in, or having management responsibility for, a management

contract. The information will be used by the National Indian

14
12/11/1.996 10:00 21639732~1 PAUL FILZER ASSO~ PAGE 02

THE TONKAWA TRIBE OF OKLAHOMA

Gaming Ordinance No. 1

with revisions as requested by

The National indian Gau~ing Conuniselon,

December 22, 1995~

1Modified to address NIGC concerns of 5-1396.
12/11/1996 10:00 2163973°~3 PAUL FILZER ASSO~ PAGE 03

Table of Contents:

SectIon 1. General ProvisIons

1.1 Title

1 .2 Authority

1.3 Purpose

1.4 Effective Date

1.5 Abrogation and Greater Restrictions

1.6 Interpretation

1.7 Severability

Section 2 Dflnitiona 2

2.1 General Definitions

2.2 Tonkawa Business Committee

2.3 Tonkawa Gaming Commission

2.4 Dingo

2.5 Commission

2.6 Committee

2.7 Casino

2.8 Class I Gaming, Class II Gaming, Class III Gaming Definitions

2.9 Council

2.10 Compact

2.11 Gaming

2.12 GainIng Enterprise

2.13 GamIng Operator

2.14 GainIng Test Laboratory

2.15 ImmedIate Family Member

2.16 Key Employees

2.17 Ucense

2.18 LIcensee

2.19 Management Officials

2.20 Other Compact

2.21 Other Games of Chance

2.2.2 Persons Acting under the Authority or Auspices of the Tribe

2.23 Tribal 3urisdictlon

2.24 Tribe

2.25 Video Lottery

SectIon 3. AdministratIon and RegulatIon 5

3.1. Administration by Tonkawa Gaining Commission

3.2 Regulation by Tonkawa Gaining Commission

33 Qu~a]ifIcatlons and Appointment

3,4 Duties and Powers

Section 4. Class m Games Allowed 7

4.1 Allowed Games

4.2 Other Games Prohibited

4.3 Not Authorized Gaming

SectIon 5. Ru]ee of Play for Gaming
12/11/1996 10:00 2163973°~ PAUL. FILZER ASSOC PAGE 04

5.1 Compact

5.2 Casino Ilours

5.3 GÆmlxig Age L1niit~

5.4 Employment Age Limit

5.5 Intoxication

5.6 Credit

5.7 Gaming by Employees

5.8 Gaming by Family Members

SectIon 6. Management Contracte 8

6.1 Proposals for Management

6.2 Approval of Management

SectIon 7. Gndng Vendors 9

7.1 T4cense Required

7.2 Conflicts of Interest

Section 8. Consent th JurIsdiction 9

8.1 Management, Vendor, Employee

8.2 Players

Section 9. Dispute Resolution 9

9.]. Managers Responsibility

9.2 Name Display

9.3 Managerta Designee

9.4 Notice of Grievance

9.5 Delayin Reporting

9.6 Managers Decision

9.7 Appeal

9.8 RequIrements of Appeal

9.9 InItial Review

9.10 Notice of Procedures

1~
12/11/19~G 10:00 21GJ373~0 PAUL FIL2ER AG9O~ PAGE 05

Section 10. Gaming Managers 10

1O..1 Name Published

10.2 Dual Management

10.3 Managers Duties

Section 11. General Gaming Pereunnel Standards 11

11.1 ProhIbited Personnel

11.2 Other Prohibitions

11,3 Rev-low

Section 12. Enforcement 12

12.1 Fines for Violations of Rules ox: Ordinances

12.2 Fines for False Statements

12.3 Fines for Tampering or Unauthorized Gaming

12.4 tines Relating to Record.s

12.5 Jurisdiction

Section 13. Use of Revenues 13

13.1 Approved Uses

13.2 Account for Gaming Receipts

Section 14. Y4nandsl Audit 13

Section 15. Badcgnund InvestIgations 15

15.1 Investigation Prior to Employment

15.2 Record Retention

15.3 Subject to Compact Provisions

15.4 Contents of Questionnaires

15.5 Privacy Act Notice

15.6 Period Review

15.7 Coixfidentlality

U
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Section 16. GamIng License 18

16.1 Possess and Display License

16.2 Application for Management Officials and Key Employees

16.3 Application for Distributors

16.4 Machine Permit

16.5 Classes of License and Permits

16.6 Fraud on the Application

16.7 ~xemptions

16.8 Eligibifity Determination

16.9 Procedures for Forwarding Application and Reports to the

NaUonal Indian Gaming Commission

16.10 Granting a Gaming License

16.11 License Suspension

16.12 License Renewal

16.13 Requirements to Maintain a License

16.14 Fees

16.15 Non-TransferabIlity

16.16 Payment of License Fees

16.17 License as a Revocable Privilege

16.18 Violations

16.19 Report to The National Indian Gaming Commission

SectIon 17. BIngo 27

17.1 DefinitIons

3.7.2 BIngo Manager

173 General Bingo Provisions

17.4 Bingo Prizes

17.5 Method of Conducting Bingo

17.6 Winners

17.7 Annual Operating Budget

17.8 Monthly Financial Report

17.9 ProhIbited Activities

Section 18. Law Enforcement 32

Section 19 De~1gnation of Agent 32

I
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The Tonkawe Tribe of OklahomaGartdnq Ord3xa~ice No * l.a.

BE IT ENACTED BY THE PEOPLIE OF THE TONKAWA TRIBE OF OKLAHOMA

SECTION 1

GENERAL PROVISIONS

11 TITLE. This Ordinance shall be the Tonkawa Tribe of Oklahoma Gaming

Ordinance.

1.2 AUTHORITY. This Ordinance Is enacted pursuant to Article V, Section 1, of

the Constitution of the Tonkawa Tribe of Oklahoma, and In accordance with

the provisions of the Indian Gaining Regulatory Act, 25 U.S . C. Sec. 2710.

1.3 PURPOSE. The purpose of this Ordinance is to regulate all gaming activity

conducted within the territorial Jurisdiction of the Tonkawa Tribe of

Oklahoma, and to promote Tribal economic development.

1,4 EFFECTiVE DATE This Ordinance shall be effective on the date of enactment

by the business committee of the Tonkawa Tribe of Oklahoma.

1.5 ABROGATION AND GREATER RESTRICTIONS.. Where this Ordinance imposes

greater restrictions than those contained in other Tribal ordinances, this

provisions of is Ordinance shall govern.

1,6 INTERPRETATION. In their interpretation and application, the provisions

of this Ordinance shall be held to be minimum requirements and shall not be

deemed a limitation or repeal of any other Tribal power or authority.

1.? SEVERABILITY. If any section, provIsion, or portion of this Ordinance Is

adludged unconstitutional or invalid by a court of competent jurisdiction, the

remainder of this Ordinance shall not be affected thereby.

1.8 SOLE PROPRIETARY D~TEREST. It is the purpose and Intention of this

Ordinance that the Tribe shall have the sole proprietary Interest in and

responsibility for the conduct of any gaming operation.

1.9 PROTECTION OF THE ENVIRONMENT, PUBLIC HEALTH AND SAFETY. The

Tribe shall construct, maintain and operate any gaming facility which falls

within the scope of this Ordinance In a manner that adequately protects the

environment and the public health and safety.
12/11/1996 10:00 PAUL FILZER ASS PAGE @8

SECTION 2

DEFINITIONS

Li GENERAL DEPINrrI0NS For the purpose of this Ordinance, the following

definitions ahaXibe used. Words used in the present tense Include the future;

the singular Includes the plural; and the plural includes the singular. The

word sha]i Is mandatory, and the word may is permissive.

2.2 TONKAWA BUSINESS COMMITIEE shall mean the organization of the Tonkawa

Tribe of Oklahoma whose purpose is ,and to whom to power is delegated herein

to conduct, manage, oversee, and administer the operation of all gaming

conducted within the Tribal jurisdiction.

2.3 TONKAWA GAMING CQ~SION (TGCtt) shall mean the Tribal gaming

regulatory commission responsible for enforcement of this Ordinance -

2.4 BINGO shall mean bingo or lotto (whether or not electronic, computer or other

technologic aids are uaed) when players play for prizes with cards bearing

numbers or designations, cover numbers or designations when objects

similarly numbered or designated are drawn or electronically determined, and

where the game is won by the first player to cover a designated pattern on

such cards; and, when played In the same location as bingo or lotto, pull tabs,

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

all card games that Oklahoma State law expliclUy authorizes or does not

prohibit and that are played In conformity with any state laws and regulations

concerning hours, periods of operation, limitations on wages and pot limits.

2.5 CO~U~USSION shall mean the National Indian Gaining Commission.

2.6 COMMITTEE shall mean the Business Committee of the Tonkawa Tribe of

Oklahoma.

27 CASINO shall rófer to any Tribal gaining facility where Class II and/or Class

III Gaming Is conducted.

2.8 CLASS I CANING, CLASS II GAMING, AND CLASS m: GAMING shall have the

meanings ascribed to them by the Indian Gaming Regulatory Act, 25 U.S.C.

Sec. 2701, et seq.

29 COUNCIl4 shall refer to the Tribal council of the Tonkawa Tribe of Oklahoma.

2.10 CO}WACT shall refer to the Tonkawa Tribe of Oklahoma/State of Oklahoma

Gaming Compact as executed in 1994, together with such amendments as may

from time to time become effecthre In accordance with section of saLd

compact.

2.11 GAMING shall mean the act of paying for the opportunity and participation in

a game or games of chance for money or something of value where motor skills

play no part or are no consequence in determining the outcome of the game;

to operate, carry on, conduct, maintain, or expose for play, money,

property, or a representative of value wherein the outcome of a game is

decided by chance or in which chance is a material element, but does not

Include social games played solely for consumable goods, i.e. foodstuffs or
12/11/1996 10:08 2163977~ PAUL. FILZER ASS PAGE 09

am, in private homes or residences for prizes or games operated by

charitable and educational organizations which are approved by the Tribe.

2.12 GAMING ENTERPRISE shall mean any commercial business owned by the Tribe

and operated, In part or In whole, for the conduct of Class U or Class III

gaming.

2.13 GAMING OPERATOR shall mean a person, organization, or entity that

conducts the management of gaming at a Tribal gaming enterprise, including

an entity entering into a management contract with the Tribe or with any duly

authorized division or subordinated business organization thereof.

2.14 GAZ~G TEST LABORATORY shall mean, as contemplated by the Compact, a

laboratory agreed to and designated in writing by the State of Oklahoma and

the Tribe as competent and qualified to conduct scientific tests and

evaluations of video games of chance and related equipment; a laboratory

operated by or under contract with the States of Minnesota, or Nevada, New

Jersey, or South Dakota constitutes a designated gaming test laboratory.

215 IMMEDIATE FMW.Y MEMBER shell mean an individual who Is related as a

father, mother, son, or daughter, as provided by the Bureau of Indian

Affairs Guideline to Govern The Review and Approval of Gaming Contracts

and Other Gaming Activities, Section F(3), dated March 15, 1992.

2.16 XEY E~LOYEES shall a person who performs one or more of the following

functions: Bingo caller, Counting room supervisor, Chief of security,

Custodian of gaming supplies or cash, Floor manager, Pit bose, Dealer,

Croupier, Approver of credit, or Custodian of gaming devices (including

persons with access to cash and accounting records within such devices); or,

if not otherwiseincluded, any other person whose total cash compensation is

in excess of $50,000 per year; or, if riot otherwise included, the four most

highly compensated persons In the gaining operation.

2.17 LICENSE shall mean the permission by authority of the Tonkawa Business

Committee, or its approved subdivision, to do an act which without such

permission said act shall be Illegal.

2.18 LICENSEE shall mean any person, entity, or organization granted a license

pursuant to the provisions of this Ordinance.

2.19 OTHER COMPACT shall mean such agreement(s) as may in the future be

entered Into between the Tribe arid the State of Oklahoma, or such governing

body as has the right to issue such compacts, governing Class II or Class III

gaming.

2.20 OTHER GAMES OF CHANCE shall mean games similar to traditional bingo or in

which colors, symbol or symbols are determined by chance. Such games may

be played using pull tabs, raffles, tip boards, punch boards, tip jars, paddle

wheels, gaming tables, tokens, satellite games of chance; or shall have the

sainemeanlngastheterrnactofl988codlfiedat25. U.S.C. 2703 (7) (A). Any

gaines which are not prohibited by the criminal laws of the State of Oklahoma,

or which are subject to permissive regulation pursuant to Oklahoma Law, shall

be included in Is definition.
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2.21 PERSONS ACTING UNDER THE AUrHoRrrY OR AuSPICES OF THE TRIBE

shall meant

A) Persons employed by the Tribe for the specific purpose of managing,

conducting, or participated in the conduct of gaining; and

B) Persons acting pursuant to a written management contract.

Any other person, including persons alleging oral authorization by the Tribe,

shall be regarded as a non authorized person1 for the purposes of this

Ordinance.

2 22 PRD(ARY MANAGEMENT OFFICiALS shall maan the person having management

responsibility for a management contract, any person who has the authority

to hire an~ tire employees or to set up working policy for the gaming

operation, and the chief financial officer or other person who has financial

management responsibility.

2.23 TRIBAL JURISDICTION shall refer to all land within the Tribal jurisdiction of

the Tonkawa Tribe of Oklahoma.

2.24 TRIBE shall refer to the Tonkawa Tribe of Oklahoma.

2.25 W.DEO LOTTERY TER!W~AL shall mean electronic or electromechanical video

devices that simulate Class II or Class UI games, or other gaming rms,

which are activated by insertion of a coin, token, currency, or credit card

devices, and which award game credits, cash token, or replays, and/or

contain a meter to record unplayed credits or replays.
12/11/1996 1O:~O 2163973°@ PAUL FILZER ASS PAGE 11

S~CT1ON 3

AD?~xsrRATxoN AND REGULATION

3.1 ADMINISTRATION BY TONEAWA GAMING COMMISSION. The full power and

authority of the Tribe with respect to all gaming conducted within the Tribal

jurisdiction is hereby granted by the Tribe to the Gaining Commission. The

Gaming commission will oversee all gaming, gaming enterprises and gaming

operators upon lands within the Tribal jurisdiction and over any gaming

activity In which the Tribe has a proprietary Interest.

3.2 REGULATION BY THE TONKAWA GAMING COMMISSION. In order to provide

for the regulation of Tribal gaining there Is hereby created the Tonkawa

Gaming Commission (TGC hereinafter). The TGC shall be comprised of a

Gaming Commissioner and Three (3) members.

3.3 QualifIcations end Appointment.

A) The Gaming Commissioner shall be appointed by the Committee and

preference shall be given to a person with knowledge and experience In

the commercial gaming industry, familiarity with the Act, and

e~perie&1ce in and knowledge of administration and administrative

procedure.

8) The members shall be appointed by the Committee. All members shall

be from among the Tribal council.

C) Appointments of the TGC CozunUssioner and members shall be for a

period of Four (4) years, except that of the initial members, one will be

appointed for one (1) year, one for two (2) years, one for three (~)

years, and one for four (4) years, which will result in staggered

appolntmez:it and provide continuity with the TGC. The TGC

Commissioner and all members may be re-appointed for one term.

D) No person shalL be appointed to the TGC unless the committee is

satisfied that:

1. tie, or she, is a person of good character, honesty, and

integrity, whose prior activitieg, criminal records, if any,

reputation, habits, and associations do not pose a threat to the

public Interest of the Tribe or Its members, or to the effective

regulation of gaining, or create or enhance the dangers of

unsuitable, unfair, or Illegal practices, methods and activities In

the conducting of gaming or the carrying on of the business and

financial arrangements incidental thereto; and

2. He or she has no interest In any private gaining activity on

Indian L~ands or any activity which may have an interest iii

cQnfLict the Tribal gaming operations.

3.4 DUTIES AND POWERS. The TGC shall administer the provisions of this

Ordinance and shall have all the powers necessary therefore. In exercise of

its duties the TGC shall:
12/11/1996 10:00 21639739~ PAUL FILZER ASSOC PAGE 12

A) Promulgate such rules and regulations as may be necessary and

desirable for the proper implementation of this Ordinance;

B) Identify, and define the rule of play for each Class 11 and Class III game

permitted.

C) License, supervise, inspect, and oversee all gaming activities and

persons employed in gaming activities conducted within the Tribal

jurisdlctton.

D) Carry on a continuous study and Investigation of Class U and Class ill

gaming in indian Lands for the purpose of:

1. AscertainIng any defects In or abuses of the standards and

regulations In this Ordinance, or applicable rules and regula

tións.

2. Formulating recommendations for changes in the standards and

regulations In this Ordinance and any and all applicable rules and

re~ulatIons.

3. Preventing abuses and evasions of the standards and regulations

described by the Ordinance and applicable rules.

E) Report to the Tonkawa Business Committee on any matters related to

gaming which are deemed by the TGC to constitute an emergency

requiring immediate action.

F) Take any action It deems necessary and appropriate for violation(s) of

this Ordinance or applicable rules and or regulations Including, but not

limited to, license suspenaion, revocation, prosecution, referral for

prosecution, or civil suit; and

G) Employ such employees as are necessary to carry out the specific

powers and duties of TGC.

(
12/11/1996 10:00 2163973720 PAUL. FILZER ASSOC PAGE 13

SECTION 4

CLASS ILL GAMES ALLOWED

4.1 ALLOWED GAMES. The following Class lfl games may be conducted under the

Tribal auspices on Tribal property within the confines of the Tonkawa Tribe

of O)dahoma Tribal jurisdiction: Lottery games, Video lottery gaines, pan

mutual betting on Horses, and other gaines as may from time to time be

authorized pursuant to the compact or amendments to the compact, or by

future compacts with the State of Oklahoma or such authorized body that Is

permitted to issue such compacts by law.

4.2 OTRE~ GAMES PROIIXEITED. No person acting under the authority ~r

auspices of the, ¶Iribe shall conduct or participate fri the conduct of any Class

III games on the Reservation other than the games provided for In Section 4.1

above.

4.3 NOT AUTHORIZED GAMING. No nonauthorized person shall conduct,

participate or assist In the conduct of any class III game on the Reservation.

SECTION 5

RULES OF PLAY FOR GAMING

5.1 COMPACT. All games conducted pursuant to section 4.1 above shall be

conducted in accordance with the Rules of play pertinent to such games as set

out In the compact or amendments of the compact.

5.2 CASINO HOURS. Hours of play shall be established by the TGC and publicly

displayed at each Casino.

5.3 GAMING AGE LDWZS.. No persons under the age of 18 shall play or be

permitted to play any class IU games, nor shall any prize or winning be paid

to such person,, notwfthstanding that by their play they otherwise qualified

for such a prize or winning.

5.4 EMPLOYMENT AGE LIMiT. No person under the age of 18 may conduct or be

employed In the conduct of any class III gaming activity.

5.5 INTOX1CATION~. No person who is visibly intoxicated shall be permitted to

play any Class III Game.

5.6 CREDIT. No person acting under the authority or auspices of the Tribe shall

extend credit to any person for the purposes of gaming, nor shall any other

person be allowed to extend such credit for a fee while on premises, other

than by means of bank card, or credit card transactions such as would

normally be permitted at retail businesses located within the State of

Oklahoma.

5.7 GAMING 8Y EMPLOYEES. No person employed In any Tribal Class III gaming

activity shall play at such Tribal Class III gaming enterprises, nor permit any

other person employed there to play at said gaming enterprise.
12/11/1996 1~:88 21639739~ PAUL FILZER ASSOC PAGE 14

5.8 GAMING BY FAMILY MEMBERS. Any inunediate family members of an employee

subject to ~ect1on 5.7 above, and any other family member residing In the same

household of such employee, shall prior to playing at any session of such

gaining enterprise, notify the manager or managers designee thereof of their

entrance, and łhall be allowed to play at any game where the aforementioned

employee is °~: duty.

SECTION 6

MANAGEMENT CONTRACTS

61 PROPO~AL8 FOR MANAGEMENT. No proposal foj: management by persons

other than Tribal employees shall be considered by the Tribal Council unless

submitted in writing; and

A) Shall state the names, and addresses, of all principals Involved in the

management enterprise. If the proposed management enterprise is a

corporation it shall state the name, arid address of each officer, and if

not publicly held the name, address, and percentage holding of each

stockholder. If the proposed management enterprise is a partnership

or joint venture the proposal shall contain the name and address of each

partner, and the percentage Interest held by that partner or any other

person or business entity of any kind whatsoever with any interest

therein,

B) Shall state clearly, In general (but concrete) terms, the services

proposed, the duration of the agreement and the natu.re of the

compensation sought.

C) Shall not atate or propose any term In violation of 25 U.S.C. 2711.

6.2 APPROVAL OF MANAGEMENT. No management contract shall be approved

unless:

A) The text of such a contract is arrived at or submitted to the committee

at least 5 days prior to the Committee meeting at which such approval

is sought; and

B) The terms~ of the contract meet the restrictions Imposed under U - S.C.

25 Section. 2711 of the IGRA; and

C) The TGC has conducted appropriate investigation, arid found out the

facts necessary to determine that the proposed contractor (Including

all relevant personnel) meet the qualifications Imposed under 25 U.S.C.

Sec. 2711 of the IGRA and this Ordinance.

SECTION 7

GAMING VENDORS

7.1 LICENSE REQUIRED. No agreement shall be entered into with any person,

partnership, or corporation, for the purchase, lease, or provielori of

services, supplies, or equipment unique to the operation of gaining, for an

amount exceeding $10,000.00 in any year, unless said contractor holds a
12/11/1996 10:00 2163973970 PAUL FILZER ASSOC PAGE 15

qairnng license issued by the t~GC, or it is exempt from such requirement

pursuant to the Compact.

7.2 CONFLICTS OF INTEREST. No person employed by the Tribe In the conduct

of gaming may have a direct or indirect interest In any entity, or be employed

by any person; who has entered into a gaming related contract with the lrlbe.

SECTION 8

CONSENT TO ~IURISDXCTION

8.1 MANAGEMENT r VENDORS, E)WLOYEE. Any non-member participating under

a gaming management contract with the Thbe, parttdpatlng In a vendor or

lessor relationship related to gaming, and any other non-member employed in

the conduct of gaimng, shall by virtue of such participation or employment be

deemed to have consented to the Civil and Criminal jurlsdicth)n of the Tribe

and its courts.

8.2 PLAYERS. in addition, any non member player at a Tribal gaming enterprise

shall be deemed by virtue of such play to have consented to the civil and

criminal jurisdiction of the Tribe, in relation to such disputes arising from

their presence and play at such gaming enterprises.

SECTION 9

DISPUTE RESOLUTiON

9.1 MANAGERS RESPONSIBILITY. It shall be the responsibility of the gaining

manager of a particular gaming enterprise, or the managers designee, to

resolve such disputes as may be Initiated by a player arising from the conduct

of play at such facility.

9.2 NAME DiSPLAY. Tlie name of the manager with responsibility for a specific

gaming enterprise shall be prominently displayed at such gaming enterprise.

9.3 MANAGERS DESIGNEE. At all times, when the manager Is not available, said

manager shall designate a specific person as the manager designee for

purposes of dispute resolution and the name of the person so designated at

that specific time shall also be prominently displayed. Such designee shall act

in place of the manager to resolve disputes during the time authorized.

9.4 NOTICE OF GRIEVANCE. Any aggrieved player shall Immediately bring such

grievance to the notice of the employee(s) involved and, if unsatisfied by the

result, thereupon must bring such grievance to the attention of the manager

or the designee.

9.5 DELAY IN REPORTING. Any delay in reporting such a grievance to the

gaming manager, or designee, may be considered by the gaming manager as

mitigating against the grievance. Failure to report the grievance during the

session at which the grievance allegedly arose may, at the discretion of the

manager or designee(s) ~ust1fy the summary dismissal of the grievance.

9.6 MANAGERS DECISION. Except where circumstances require further

Investigation or consultation, the msnager/designee shall deliver the decision

C
12/11/1996 10:00 2163973990 PAUL FILZER ASSOC PAGE 16

during the session at which tile grievance Is brought to their attention. Upon

request of the player, tile manager/designees decision shall be made In

writing and time stamped.

9.7 APPEAL. A player who has timely submitted a grievance for resolutinn by the

manager/designee and who Is dissatisfied with the result may appeal such

decision to the TGC.

9.8 REQUIREMENTS OP APPEAL. Such appeal shall be In writing, contain a

statement of the facts, and the grounds for the appeal, arid shall be delivered

or postmarked within five (5) days of the occurrence giving rise to the

grievance.

99 INITIAL REVIEW. Where the manager/dasignees decision Is delayed beyond

the session at which the grievance allegedly arose, the time of the appeal shall

be five days from the date the manager/designee delivers the decision.

9.10 NOTICE OF PROCEDURES. Notice of these dispute resolution procedures or

a summary thereof shall be posted at each gaming enterprise, and shall

contain the address for the notices to be delivered to.

SECTION 10

GAMING MANAGERS

10,1 NAME PUBLIShED. For each gaming enterprise whether Tribally managed or

managed pursuant to a management contract, the TGC shall establish and

publish the name of the Individual designated as Gaining Manager for that

Gaming Enterprise.

10.2 DUAL MANAGEMENT. In no case other than In an emergency and for a period

not to eicceed 30 days shall the TGC designate the same person as manager of

more than one gaining enterprise.
12/11/1996 1S:O@ 2163973970 PAUL FILZER ASSOC PAGE 17

10.3 MANAGERS DUTIES.

A) To~ hire and promote TGC employees pursuant to such policies as may

from thne to time be promulgated or approved by the TGC, and at such

salary ranges and other compensation as may be directed by the TGC

or established by regulation/policies approved by TGC.

B) To supervise, manage, and discipline said employees, pursuant to

regulatlons/ policies approved by the TGC.

C) To enter into agreements far the purpose of lease of gaming services

supplies, equipment, and promotion except any agreement In excess of

$2,500 shall requite the approval of the TGC.

1)) To enter~ Into agreements for the purchase or lease of services,

supplies, and equipment for the repair end maintenance of the gaming

enterprise, subject to the restrictions set forth in C) of this section.

E) To draft regulations and policies relating to personnel, purchasing,

leasing, promotion and other management concerns, and hours and

rules, preferably In consultation, cooperation and joint agreement with

other managers for submission to approval by the TCC.

F) To operate such games as are authorized at the gaming enterprise at

which they are responsible, together with purveying related food

services, pursuant to the compact and such mote specific directions as

may from time to t1m~ be established.

G) To submit monthly financial reports, entailing at a mInimum 1) an

itemized statement of the gross receipts, 2) an itemized list of toll

expenditures, 3) a balance sheet/Income atatement for their facility,

prepared In accordance with generally accepted accounting principles

and 4) the beginning and ending balance In each gaining account

together with their Identifying number and location.

SECTION ii

GENERAL GAMING PERSONNEL STANDARDS

11.1 PRON1B1TED PERSONNEL. Notwithstanding any other provision herein or

any other Tribal law, no person shall be appointed to the TGC or to any

gaining enterprise, nor shall be allowed to continua in such appointment or

employment, who has been convicted or, or entered a plea of guilty or no

contest to any of the following, unless the person had been pardoned.

A) A felony, other than a felony conviction for any offense under sections

2) through D) below, during the past ten (10) years.

B) Any gambling related offense;

C) Fraud or misrepresentation In any connection;

1)) A violation of a Tribal ordinance regulating or prolilbiting gaming.

ii.
12/11/1996 18:00 2163973970 PAUL FILZER ASSOC PAGE 18

11.2 OTHER PROHIBVrIONS. Irrespective of whether such person qualifies under

section 11.1 above, anyone determined by the appointing or employing

authority to be a person whose prior activities, criminal record, If any, or

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

the effective regulation and control of gaming, or create or eühance the

dangers of unsuitable, unfair or illegal practices, methods, or activities in the

operation of gaming or the carrying on of the business and financial

arrangements incidental thereto, shall be prohibited from holding any of the

positions enumerated in SectIon 11.1

11.3 REVIEW. PersQna subject to this section shall be reviewed at least once every

two (2) years to determine whether they continue to meet the standards

imposed under~sections 11.1 and 11.2.

SECTION 12

ENFORCEMENT

12.1 FINES FOR VIOLATION OF RULES OR ORDINANCES. In addition to firing or

other disciplinary action taken by the Tribe or its agents in their role as

employer, an employee, player, or other parson subject to this Ordinance

shall be subject to a forfeiture of up to $5,000 plus coats for violation of

section 4.2 above, or violation of any provision of play other then section 59.

12,2 FINES FOR FALSE STATEMENTS. In additions to firing or other disciplinary

action taken by the Tribe or its agents In their role as employer, an applicant,

employee, appointee, player, or other person who makes a false statement or

representation in connection with any application for a management contract,

for employment, or for appointment in connection with gaming, including but

not 1.lmltecl to representations required by this Ordinance shall be subject to

a forfeiture of up to $5,000 plus costs.

22.3 FINES FOR TAMPERING OR UNAUTHORIZED GAMING. In addition to firing

or other disciplinary action taken by the Tribe or its agents in their role as

employer, an employee, player, or other person who violated sectIon 4.5 or

5.9 of this Ordinance shall be subject to a forfeiture of up to $5,000 plus costs

in addition to any moneys which may be recoverable pursuant to this

Ordlx~ance.

12.4 FINES RELATING TO RECORDS. In addition to firing or other disciplinary

action taken by the Tribe or its agents in their role as employer, an employee,

a contractor, or other person who ta~apers with or destroys reoords or

otherwise impedes or obstructs gaming shall be subject to a forfeiture of up

to $5,000 plus costs.

13.5 JUIU8DICTION. The Tribal Court, or any court that may be chosen to act as

the Tribal court,~ shall have the jurisdiction to enforce the sanctions provided

for violation of this Ordinance.

SECTION 13

U$E OF REVENUES

1~
12/11/1996 10:00 2163973920 PAUL FILZER ASSO~ PAGE 19

13.1 APPROVED USES. The net re~tenues from the gaming activity contemplated

by this Ordinance and the compact shall be used as set forth In the Indian

Gaming Regulatory Act, 25 U.S.C. 2701 et seq.

13.2 ACCOUNT FOR GAMING RECEIPTS. The Tribal Gaming Manager and/or

Bingo Manager shall create a special account Into which all gaming receipts

shall be deposited daily. Gross receipts derived from the conduct of gaming

shall not be commingled with any other LL-thal funds.

SECPION 14

FINANCIAL AUDIT

At the close of each flsàal year (commencing with the current Tribal fiscal year), the

TGC shall engagean independent Certified Public Accountant to audit the books and

records of all Gaming Operations conducted under this Ordinance. The audit shall

be completed within ninety (90) days after the close of the fiscal year. Upon

completion of the audit, the TGC shall forward copies of any audit reports and

management letter to the National Indian Gaming Commission. The TGC shall engage

auc~itors experienced In auditing Class III Gaming who shall perform the audit in

conformity with the most current edition of Accounting and Audit Guide - Casinos

published by the American Institute of Certified Public Accountants. All gamingrelated contracts that result in purchases of supplies, services, or concessions for

more than $25,000 In any one year (except contracts for professional legal or

accounting services) shall be included within the scope of the audit.

12
12/11/1996 10:00 21639739~3 PAUL. FILZER ASS PAGE 20

~ecUon 15

BACKGROUND INVESTIGATIONS

15.1 INVESTIGATION PRIOR TO E)~LOYMENT. The TGC or other appointingemploying authority shall conduct a criminal background check and any other

such investigation as may be deemed necessary prior to the appointment or

employment of any person subject to the standards In Section 11.1 and 11.2

above including, but not limited to, fingerprint checks as set forth In Section

18 hereof.

15.2 RECORD RETENTION. All records pertaining to the investigation and

determinations required by sectIon 11.1 and 11.2 above shall be retained by

the appointing/employing authority for a period of at least 7 years.

15.3 SUBJECT TO COMPACT PROVISION. All TGC board members, and all gaming

acthrlty employees shall be subject to all applicable provisions of the compact.

15.4 CONTENTS OF QUESTIONNAIRES. The tribe shall receive from every Board

member or officer, every member, every management official and each key

employee, a background questionnaire containing at least the following

Information.

A) Full name, other names used, social security numbers, and date of

birth.

B) For the past previous four (4) years, home 8ddresses, business and

employment positions held.

C) Th~ names and addresses of at least three personal references,

including one personal reference who was acquainted with the applicant

during the four year period listed In Section 15.4. B. above.

D) Current telephone numbers of home end businesses -

E) A description of any previous relationship with Indian Tribes.

F) ~ description of any praviouo relationship with the gaming industry.

G) The name and address of any licensing or regulatory agency which the

person has filed an application for a license or permit relating to gaming

whether or not such license was granted.

H) For each felony for which there is an ongoing prosecution or conviction,

the charge, the name and address of the court Involved, and the date

and dlepoeitlon.

1
12/11/1996 10:60 21639739~0 PAUL FILZER ASSOC PAGE 21

I) For each misdemeanor conviction or ongoing misdemeanor prosecution

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

appllcat–on, the name and address of the court involved and the date

and disposition.

J) Whatever other Information the Tribe deems relevant.

15.5 PRIVACY ACT,

A) The fo]1~wing notice shell be placed on top of the application form for

key employees and/or primary management offidals.

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 at seq. The purpose of the requested Information

is to determine the eligibility of Individuals to be employed In a

gaming operation, or the suitability of individuals with a financial

interest in, or having management responsibility for, a

management contract. The information will be used by the

National Indian Gaming Commission members and staff and Indian

tribal ofticiajs who have need for the Information in the

performance of their official duties. The Information may be

disclosed to appropriate federal, tribal, state, or foreign law

enforcement and regulatory agencies in connection with a

background investigation or when relevant to civil, criminal, or

regulatory Investigations or prosecutions Or investigations of

activities while associated with a gaming operation, or when

pursuant to a requirement by a tribe or the National Indian

Gaming Commission In connection with the hiring or firing of an

employee, the Issuance or revocation of an operating license.

I The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result in

errors in processing your

B) The Tribe shall notify in writing existing key employees and primary

management officials that they shall either,

1) FIll out a new application that contains a Privacy act notice, or

2) Sign a form that contains the contents of the privacy act notice

and consent to the routine uses described in that notice.

15.6 PERIODIC REVIEW. Each person employed shall be subject to a periodic

review, which review shall take place at least annually commencing with the

date of employment.

15.7 CONFIDJ~NTIALITY. Zn conducting a background investigation the TGC shall

promise confidentiality to each person interviewed In the course of the

investigation.

15.8 INVESTIGATION PROCEDURE..
12/11/1996 10:00 2163973920 PAUL FILZER ASSOC PAGE 22

A) The Tribe is responsible for the conduct of all background Investiga

tions and suitability determinations required pursuant to applicable

statutes and regulations, or pursuant to this Ordinance.

~) The TGC shall have final and ~.dtlmate responsibility for the conduct,

review and reporting of background investigations, the coordination of

fingerprint processing with the Tonkawa Police Force of Tonkawa,

Oklahoma, and the making of suitabiiity determinations.

C) The respànalblliues of the TGC as set forth in this Section 15.8 have

been delegated to the TCC by the Tribe consistent with the powers and

authorities granted to the TGC upon Its creation by the Tribal Council.

D) TGC Procedure. The background Investigation shall be conducted In

substantially the following manner:

1) Each application requiring a background investigation and

suitability determination will be assigned on a random, rotating

basis to a member of the TGC, who will then be designated the

TGC Coordinator for that app].lcetion. If, upon assignment or

at any time in the course of en investigation, the TCC

Coordinator believes that be or she may not be able to conduct an

impartial investigation, the TGC Coordinator shall immediately

notify the Chairman of the TGC, and a new TGC Coordinator

shall be assigned to that application.

2) The TGC Coordinator is responsible for verifying all information

on an application, by telephone or, if necessary, in writing.

3) The TGC Coordinator shall interview sufficient employment and

perÆonai references, including at least the applicants two (2)

1Tir~~ rprfrnt emp1osrn~~nt references, two (2) personal references,

and any other reference which, in the opinion of the TGC

Coordinator, is relevant to the suitability determination.

U
12/11/1996 le:Oo 21639739~ PAUL FILZER ASSOC PAGE 23

4) Upon receipt of the results of the fingerprint investigation

through the NCIC and completion of the TGC Coordinator~e

Investigation, the TGC Coordinator shall present his or her

preliminary findings to the entire TCC. The TGC will then have

the option of interviewing the applicant.

5) If, following the interview, or the TGC Coordinator presentation

If no Interview took place, the TGC determines that additional

Information Is required, the TGC Coordinator will obtain such

Information.

6) Following the TGC presentation, interview, If any, and

gathering of additional Information, If any, the TGC will convene

and lointly determine en applicants suitability. As part of that

determination1 the TGC Is required, where appropriate, to

document in writing:

a) where an applicant Is determined to be suitable for employ

ment, the disposition of any potential problems or Issues

discovered In the course of the background investigation,

or

b) where an applicant Is determined not to be suitable for

employment, all disqualifying Information and the rationale

supporting the determination.

7) The TGC will prepare a final investigation report detailing:

a) The precise steps taken In performing the particular

background Investigation, including identification of all

references contacted,

b) The results of the Investigation,

C) The conclusions of the TGC, and

d) The basis for those conclusions.
12/11/1996 10:00 2163973~0 PAUL FILZER ASSOC PAGE 24

8ECIXON 16

GAMING LICENSE

16.1 POSSESS AND DISPLAY LICENSE. Any person, organization, or entity

(Including management officials and hey employees) on behalf of the tribe

conducting a public gaining enterprise pursuant to the provisions of this

Ordinance, within the Tribal jurisdiction and/or in which the Ti-the has a

proprietary interest, or any person, organization, or entity selling, leasing,

distributing gaming equipment or video games of chance to the Tribe shell be

required to have and display prornlnentiy on display upon request an

appropriate, valid and current Tribal gaining license isausd pursuant to the

provision of this Ordinance. Any other forms of public gaming operation

being conducted within the jurisdiction without the lawful written approval or

the TGC are prohibited.

16.2 APPLICATION FOR MP~NAGEMENT OPflCXALS AND KEY EMPLOYEES.

A) The application for management officials and key employees of any

gaming operation or the Tribe shall contain explicit and detailed

information of criminal record of the applicant in order to determine

whether the applicant~

1) Has committed a felony or gaming offense In any jurisdicticn.

2) Has engaged in any prior activities or maintains any habits or

asSociations affecting his present conduct that would:

a) Pose a threat to the public or Tribal interests.

b) Threaten the effective regulation and control of gaming.

Create or enhance the dangers of illegal and unfair

practices, methods or activities In the conduct of gaining.

B) Such Information shall include:

1) Full name, other names used, social security numbers, and date

of birth.

2) For the past four (4) years, home addresses, business

employment and positions held.

3) The names and addresses of at least three persons who are

acquainted with the applicant, Including one during the period

of the four (4) years as listed above.

4) Current business and residence telephone numbers.

5) A description of any previous business relationships with Indian

Tribes.

6) A description of any previous relationships with the gaming

Industry.

1~
12/11/1996 10:00 2l63973~~~0 PAUL FILZER ASSOC PAGE 25

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

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

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

granted.

B) For each felony for which there is an ongoing prosecution or

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

involved, and the date and disposition.

9) For each misdemeanor conviction or ongoing misdemeanor

prosecution (excluding minor traffic violations) within 10 years

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

involved and the date and disposition.

10) Whatever other Information the Tribe deems relevant, Including

the fingerprints of the applicant.

C) Any other employee not a management official or key employee shall be

required to fill out an employment application provided by the gaming

operator àr the TGC and shall be required to submit to a background

check with local law enforcement authorities chosen by the gaming

operator of the TGC and leave on file with such authorities a set of

fingerprints.

16.3 APPLICATIONS FOR DXflTRIBUTORS 1OR GAMING EQU~MENT AND/OR

VIDEO/VIDEO LOTTERY OR OTHER GAM~S. The Applications for any

person, organization or entity wishing to sell, lease or otherwise distribute

either video, lottery or other type games to the Tribe shall submit an

application containing the following information.

A) The name(s) and mailing address of the person or entity making the

application.

B) The names and addresses of all interested parties (Including those with

direct or indirect financial interests) and their Interest and connection

to the applicant.

C) The nature of the license applied for; the type of activity to be engaged

in under the license.

D) Explicit and detailed disclosure of any criminal records, including

de]inquent~ taxes owed to any federal, state, local or Tribal govern

ment, of the applicant any person involved in the organization and any

party of Interest whose name appears on the application.

E) Any additional information necessary to allow the TGC or the State of

Oklahoma to investigate the application.

F) Whether the applicant has been properly licensed by the State of

Oklahoma pursuant to Okiahoma statutes, and proof of being the holder

of a current and valid distributor or manufacturer license from the

State of Oklahoma, or properly licensed and hold a current valid license

from any state, or valid licensing entity.

IS
12/11/1996 lO:@O 21639739O PAUL FILZER ASSOC PAGE 26

C) Whether~ the applicant has ever had a distributor or manufacturing

license revoked or suspended by the entity that Issued the license and,

If so, the circumstances surrounding that action.

H) A statement of waiver allowing FCC and the State of Oklahoma to

conduct ~a background investigation of the applicant and any person

whose name Is required to appear on the application.

I) Whether the applicant or any person whose name Is required to appear

on the application maintains any involvement in the business

distribution of alcoholic beverages.

16.4 MACHINE PEm4rr. In addition to a distributor license provided for In 16.3,

the person or entity with whom the FCC enters Into a lease or sales agreement

regarding any approved machine played devices must obtain from the FCC a

non-Transferable permit for each such device to be placed In a gaming

enterpri.ae operating undr the provisions of this Ordinance.

A) An application for a permit for a machine shall contain the following

informaton.

1) The name and address of the applicant with proof of a current

end valid distributor or manufacturer license Issued by a

licensing entity.

Z) Identification numbers or codes for each such gaming machine

placed in a Tribal gaming enterprise including the manufacturer,

the serial number and the model number.

3) Pràof of approval and certification of the machine by an approved

gaming test laboratory, or proof that the game conforms

precisely to the ezact specification(s) of the game prototype

tets and approved by the gaining test laboratory.

4) All other Information as required by the Compact.

5) Proof of a current and valid game license, If required and issued

by~ the State of Oklahoma.

B) Upon Issuance, the TGC shall have attached to each such game licensed

under the provisions of this Ordinance an unremovable Identification

plate on the exterior cabinet which contains the Information as required

(if Any) by the Compact.

16.5 CLASSES OF LICENSE AND PERMITS. Upon proper application and approval

the following classes of licenses may be Issued by the FCC or permit which

shall be issued by the Tonkawa Tax Commission (TTC hereafter).

A) Class A License for a gaming enterprises In which a gaining operator

wishes to conduct traditional bingo and other games of chance at a

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

period of~ one year and shall have an application fee of $500.
12/11/1996 1@:O@ 216397?~~ PAUL. FILZER ASSOC PAGE 27

8) Class B License for a Class II or Class Il gaining enterprise In which

a gaming operation wishes to operate any approved gaining machinery

at a Tribal gaming enterprise; the license shall be site specific and have

an application fee of $500

C) Class C License to any management official or key employee of either a

gaming operator or the TGC; the license shall be valid for a period of

one year, and have an application fee of $30..0O.

1)) Class C-1 License to any other employee not licensed as a management

official or key employee, or a gaining operator the TGC employed in a

gaining enterprise licensed under the provisions of this Ordinance; the

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

applica~on fee of $10.00

E) Class D License to any distributor or manufacturer of gambling

equipment and or video games to be used in a Tribal gaming enterprise;

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

application fee of $500.00

F) Class A Permit issued by the TGC for each approved mechan.ical device

and other type of approved gaming device to be used In a gaining

enterprise; the permit shall be valid for a period of one year and shall

have the fee of $100.00

16.6 VI~AUD ON TH3 APPLICATION. It shall be unlawful to lie or willfully deceive

the submission of a license or permit application.

21
12/11/1996 10:00 2163973990 PAUL FILZER ASSOC PAGE 28

16.7 EXEMPTIONS The following activities are not public gaining operations under

the terms of this Ordinance and therefore do not require a license under this

title.

A) Gaming Not for Gain. Gaining In which no cash or valuable prizes are

won, other then Point for commutative competitive rankings, or

flplaces~I for Immediate competitive rankings, Is not subject to the

provisions of this Ordinance. However, gaining for gain which is

conducted by non profit organization is subject to the requirements of

this Ordinance If cash or valuable prizes are awarded. Valuable prizes

moans an object or service worth more than One Hundred Dollars

($100.00) or more In fair market value.

B) Traditional Indian Gaming. Traditional Indian gaming activity In the

nature of hand games are not subject to the provision of this Ordi

nance. The Commission Is hereby authorized to determine on a case by

case basil upon request whether a particular traditional gaming activity

qualified for the exemption.

16.8 EL.IGIBILITY DE~ERMINATXON. The TGC shall make a finding concerning the

eligibility of a key employee or a primary management official for employment

In a gaming enterprise - If the TGC, in applying standards adopted in the

Ordinance, determines that employment of a person under Investigation poses

a threat to the public or Tribal interest or to the effecUve regulation of

gaming, or creates or enhances the dangers of unfair or illegal practices,

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

a Tribal gaming~ enterprise shall not employ that person In a gaming position.

16.9 PROCEDURES FOR FORWARDING APPLICMION AND REPORTS TO THE

NATIONAL XZWW~ GAMING CO~*IXSSION.

A) When an employee begins work at a gaming enterprise the Tribe shall:

1) Forward to the National Indian Gaining Commission a completed

application for employment that contains the Information listed in

section 16.2 of this Ordinance.

2) Conduct a background Investigation to determine the eligibility

of any employee for continued employment In a gaming enter

prise -

B) Upon completion of a background investigation and a determination of

eligibility for employment In a gaming enterprise, the Tribe shall

forward a report to the National Indian Gaining Commission within Sixty

(60) days after the employee begins work. A gaining enterprise shall

not employ a person who does not have a license after Ninety (90) days.

C) During a Thirty (30) l~)ay period when the National Indian Gaining

CommLgaion receives a report submitted under this Section, the

Chairman of the National Indian Gaming Commission may request

additional information from the Tribe concerning an employee who is the

subject of a report. Such a request shall stop the 30 day period until

the Chairman of the National Indian Gaming Commission receives the

completed additional information -

ji..
12/11/1996 10:00 2163973q~0 PAUL. FILZER ASSOC PAGE 30

reflecting the new address upon reasonable proof of change of address

and without Imposition of additional fee.

R) It shall be unlawful for any licensee to fail to notify the TCC of any new

prospective key employee, new ancillary contractor, or new operator.

The TGC shall investigate and provide approval or disapproval of the

new key employee, new ancillary contractor or new operator within

Thirty (30) days. Any Information received by the TGC shall be

confidential.

C) It shall be unlawful for any licensee to begin the employment of a new

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

control of any new operator without the approval of the TGC.

I)) It shall be unlawful for any person to possess a firearm or dangerous

weapon on premises where licensed gaming is allowed, with the

exception of licensed firearms for the maintenance of order. Firearms

possessed by duly authorized Peace officers, and Firearms maintained

by licensees for protection of themselves, their agents and Irivitees

shall be registered with the Tribal Police Department.

E) It shall be unlawful for a licensee to engage in pawn brokering or to

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

activity with Indigent persons solely for the purpose of enabling the

Indigent person to gamble.

F) A licensee Is required to, during normal business hours, maintain his

premises open for inspection by the TGC or Its agents, or any other

authorl,~ed government agency, and keep Its books and financial

records !Opefl for similar Inspections.

C) Ucensed gaining operators and Tribal gaming operators must prodtxce

at a players request losing tickets, copies of canceled checks or other

evidence of loss from records normally maintained by the operator

acceptable by the Internal Revenue Service if requested by the player

or anyone who otherwise enters the game..

H) The TCC shall by regulation impose the following additional require

ments.

1) A determination of whether and In what manner rules of play

must be posted for each type of licensed game.

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

offered for any type of licensed game.

3) Rules for the particular conduct of any type of licensed gaming,

should the TOC deem that such rules are necessary for the

proper conduct of gaming.

4) Any other regulation controlling licensed gaming which Is deemed

necessary by the TGC.

2~
12/11/1996 10:00 21639739~3 PAUL FILZER ASSOC PAGE 31

16.14 FEES. Each application for an Initial or renewal license shall be accompanied

by payment of the license fee. The TGC determines the fees, which are

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

gaining within the Tribal jurisdiction.

16.15 NON TRANSFERMTL1TY. The license Issued pursuant to the provisions of

this Ordlnance:is valid only for the person(s) shown on the face thereof. It

Is not transferable or assignable to any other person or organization or for

any other location without the written approval of the TGC.

16.16 PAYMENT OF LICENSE FEES. All license fees for all licenses issued under the

authority of the TGC shall be paid to the Treasury of the Tribe.

16.17 LICENSE AS A REVOCABLE PRIVILEGE. The public gaming operations

license Is a revocable privilege and no holder thereof shall be deemed to have

a part In any vested privilege, and no holder thereof shall be deemed to have

a part in any vested rights therein or thereunder. The burden of proving

qualifications to hold any license rests at all times in the licensee. The TGC

is charged by law with the duty of contInually observing the conduct of all

licensees to the end that licenses shall not be held by unqualified or

disqualified person or persons, whose operations are conducted in an

unsuitable manner.
12/11/1996 1@:~@ 2163973W~O PAUL FILZER ASSOC PAGE 29

D) At the conclusion of the Thirty (30) day period described under this

section the National Indian Gaining Commission Sha]1~

1) Issue a report stating that it has no objection to the employment

of: an employee In a gaming enterprise;

2) Issue a that states it objects to the employment of an employee

and statIng the reasons for such objection; or

3) Issue no report.

16.10 GRANTING A QAi~1~G LICENBL Upon completion of the Thirty (30) day

period described under this section, or upon receipt of the National Indian

Gaining Commissions report described under this section, the TGC shall:

A) Grant a gaming license to an employee wh~ is eligible for continued

employment in a gaming enterprise.

B) Terminate the employment of an employee In a gaming enterprise;

C) Place an employee in a position other than as a key employee or a

Primary: management official.

16.11 LICENSE SUSPENSION.

A) If, after the issuance of a gaming license, the National Indian Gaming

Commission receives reliable information Indicating that an employee Is

not eligible for employment under this Section, the National Indian

Gaming Commission shall notify the TGC that issued a gaming license.

B) Upon receipt of such notification under this section, the TGC shall

suspend such license, and shall notify in writing the licensee of the

suspension end the proposed revocation.

C) The TGC shall notify the licensee of a time and place for a hearing on

the proposed revocation of a license.

D) After a revocation hearing, the ICC shall decide to revoke or to

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

Gaming Commission of Its decision.

E) A right to a bearing under this section shall vest only upon receipt of

a license issued by the TGC.

16.12 LICENSE RENEWAL. Every licensee intending to continue engaging In public

gaming activities with the Tribal jurisdiction during the next calendar year

shall apply for renewal of the license at least ThIrty days (30) prior to the end

of the license period.

16.13 REQUIREMENTS TO MAINTAINA LIC2gNSR.

A) When a licensee changes a location of public gaming within the Tribal

jurisdiction, the TGC shall after notification by the licensee of such

changes, Issue a corrected license for the balance of the current period
12/11/1996 10:00 2163973~0 PAUL. FILZER ASSOC. PAGE 32

15.18 VIOLATIONS.

A) Violations of any provision of this Ordinance or any of the IGC

regulations by a licensee, his agent(u) or employee(s) shall:

1) Be deemed contmry to the public health, safety, morals, good

order, and general welfare of the Tribe.

2) Be grounds for refusing to grant or renew a license, or for

suspension or revocation of a license.

3) Be grounds for filing of criminal charges and or a clvii action in

a court of competent ~urlsdlctlon on behalf of the TGC and the

Tribe.

4) Be grounds for immediate revocation of license In the case of

licensee being convicted of a felony.

B) Acceptance of a license or renewal thereof or condition fmpos~d thereon

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

bound by all the regulations and/or conditions of the TGC and by the

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

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

him/herself Informed of the contents of ali such regulations,

provisions, and conditions, and ignorance thereof wiil not excuse the

violations.

16.I9REPORT TO THE NATIONAL INDIAN GAMING COMMISSION.

A) Bfore the TGC employs a primary management official or a key

employee on behalf of the Tribe, the FCC shall forward to the National

Indian Gaming Commission or its designated agent a complete application

containing the Information listed under paragraph 16.2 of this section.

B) Before Issuing a license to a primary management official or key

employee, the FCC shall forward to the National Indian Gaming

Commission an investigative report on each background investigation.

An Investigative report shall include:

1) Steps taken in conducting a background investigation

2) Results obtained

3) Conclusions reached

4) The baste of those conclusions.

C) When the TGC forwards its report to the commission, or its designated

agent, it shall Include a copy of the eligibility determination made

pursuant to Commission Regulations.

SECTION 17

2(
12/11/1g96 le:oO 2j63973~9~ PAUL FILZER ASS PAGE 33

BINGO

17.1 DEFxNr1IoNS.~ As used in this sactlon:

A) Bingo Manager means a person or organization hired by the Tribe to

conduct and organize and supervise all Bingo occesions.

B) Bingo Occasions means a single gathering or session at which a series

of successive Bingo gaines are conducted.

C) Bingo Supplies and Equipment means all cards, boards, sheets,

markers, pads, or other supplies, devices or other equipment designed

for use iii the conduct or play of Bingo.

D) Conduct: means 55 to Bingo the drawing Of the numbers and the

announcement of the numbers drawn. The markings of a bingo card by

a player shall not be considered an essential element of the conduct of

bingo.

E) Gross Receipts mean totaL receipts received from the conduct of bingo.

F) Premises means any Tribal building, room, hail, enclosure, tent, or

outdoor rea in which bingo is being conducted on Tribal land.

G) Profit means the gross receipts collected from one or more Bingo

occasions, less reasonable sums necessaxy and actually expended for

conducting the occasions, supplisa, equipment, prizes, utilities, and

the like;,

H) Tribal Land means land within the Tribal jurisdiction.

I) Tribal Organization means any organization duly recognized by the

Tribe.

17.2 BINGO MANAGER. The Tribal Bingo Manager shall be hired by the TGC on

behalf of the Tribe and may be removed for cause by the TGC. The Tribal

Bingo Manager~ shall be subject to the personnel policies and procedures of the

Tribe and shall be supervised by the TGC. The Tribal Bingo Manager shall

have the following powers and duties.

A) To conduct Bingo operations in conformity with this Ordinance.

B) To receive and deposit moneys generated from Bingo operations in an

account established for that purpose pursuant to section 13.2 above.

C) To supÆvlse all personnel necessary to conduct Bingo operations.

17.3 GENERAL BINGO PROVISIONS.

A) Only the Tribal Bingo Manager or a person authorized by the Tribal

Bingo Manager shall conduct Bingo or act as a caller in the conduct of

Bingo.

B) Bingo shall be conducted only on Tribal land.

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12/11/1996 1~:Oe 2163973~O PAUL. FILZER ASSOC PAGE 34

C) Purchase of a Bingo card within the gaining enterprise shall entitle each

purchaser to a place where Bingo is conducted with sufficient room In

which to work the Bingo card.

D) The Tribal Bingo Manager may, In his/her/its discretion, limit the

number of persons allowed to purchase Bingo cards at any one Bingo

Occasion.

E) The Tribal Bingo Manager shall hold not less than 106 BIngo occasions

within any calendar year. The Tribal Bingo Manager may hold such

further Bingo occasions as he/she/it deems suitable in his/hers/its

discreUon.

F) The Tribal ~lngo Manager shall purchase such supplies and equipment

as necessary for the operation of Bingo, and consistent with the budget

approved by the TGC. All equipment and supplies used In the conduct

of Bingo~ shall be owned by the Tribe. The Bingo equipment shall be

maintained In good repair and sound corid.ttlon.

C) Only the Tribal Bingo Manager and persons employed by him/her/it

shall participate in the management or operation of any Bingo occasions.

No other person, firm, corporation, consultant, or similar entity shall

participate in the management of any Bingo occasion with the express

prior approval of the TGC.

14) No person under the age of 18 shall purchase or make a Bingo card for

any Blr~go game conducted pursuant to this Ordinance unless

accompanies by a such persons parent or guardian. No person under

the age of 8 shall be allowed in the gaming enterprise In which Bingo is

conducted during a Bingo occasion.

I) No alcoholic beverages or Illegal drugs shall be allowed in the gaming

enterprise where Bingo Is conducted during a Bingo occasions shall be

removed from the premised and barred from further Bingo occasions.

J) Bingo Occasions shall be advertised by whatever lawful methods the

Tribal Bingo Manager deems suitable and appropriate to attract a

maximum number of players.

K) The Tribal Bingo Manager may provide for the sale of food or

refreshments at concessions during Bingo occasions as part of the

Bingo operation or may, in his/her/Its discretion authorize the

operation of concessions for the sale of food or refreshments by

he/her/Its deem appropriate. No person or organization may sell any

other merchandise on the premises during a Bingo occasion unless

authorizid by the TGC.

14 Bingo cards shall be sold or rented by Tribal Bingo Manager in the first

instance only on the premises at which the Bingo occasion Is being

conductód. The Tribal Bingo Manager shall keep an accurate, separate

count of the number of Bingo cards which are sold, rented, or used.

2~
12/11/1996 10:00 2163973920 PAUL FILZER ASSOC PAGE 35

£4) No person employed in the operation of a Tribal bingo occasion shall be

permitted to purchase Bingo Cards far that occasion or participate In

any other way as a player during that Bingo occasion.

N) Nothing herein shall prevent the broadcast or Televising of Tribal

Bingo ac~aslons. The Tribal Bingo Manager is hereby authorized to

enter Into a contract for the broadcast or televising of Tribal Bingo

occasions, provided such contract shall be approved by the TGC before

taking effect.

174 BINGO PRIZES.

A) The amount and nature of prizes offered shall be determined for each

Bingo occasion by the Tribal Bingo Manager, provided that the prizes

offered shall be commensurate with the generally accepted odds In

Bingo operations.

B) Either cash prizes or merchandise prizes shall be allowed. If a

merchandise prize is offered, its stated value shall be the current retail

prii~e.

C) Prizes of alcoholic orferinented malt beverages, securities, or interests

in real property are prohibited.

17.5 METHOD OF CONDUCTING BINGO.

A) The Tribal Bingo Manager shall determine the type of games and prize

for each game conducted during a Bingo occasion. The particular

arrangement of numbers required on a Bingo cards in order to win end

the amount of the prize for the game shall be clearly described and

audibly announced to the players immediately before each game.

B) Each Bingo game shall be conducted In such a manner that the results

are random and each person purchasing a card is afforded an equal

chance to win, and all equipment and supplies used in the conduct of

each game shall be designed and used in such a manner as to secure

re~alte.

C) The objects to be drawn shall be as near the same size, shape, weight,

balance, and all other relevant characteristics as is practicable so that

at all time during the conduct of Bingo each object possesses the

capacity for equal agitation with any other object with in the receptacle.

D) Seventy Five (75) objectB, numbered consecutively 2. through 117511

incju~ive, shall be used for the conduct of each game. All 75 objects,

shall be present In the receptacle at the beginning of each Bingo game.

E) The number on each object drawn shall be announced in a manner

clearly audible to the persons present during the conduct of the game

and shall be visually displayed as well.

F) Once removed from the receptacle during the conduct of the game, no

object shall be returned to the receptacle until after the conclusion of

that game.

2S
12/11/1996 10:00 2163g73p~q PAUL. FILZER ASSOC PAGE 36

C) The receptacle and the caller shall be visible to the majority of the

persons present during the conduct of a game at all times.

17.6 WiNNERS.

A) The winx~er of a Bingo game shall be the person In possession of the

Bingo card with numbers on it arranged in the manner announced for

that game, achieved with the least number of objects drawn. it is the

players responsibility to call Bingo and the BiNGO Call must be on

the last number called.

B) The Bingo winner for each game shall be determined on the same day on

which the Bingo occasion Is conducted.

C) The numbers appearing on the winning card at the time a winner is

determined shall be verified in the Immediate presence of at least one

disinter stad person.

1)) At the time a winner is determined, any person may call for a

verification of all numbers and of the objects remaining in the receptacle

not drawn. Such veri(lcation shall be made In the presence of the

Tribal Bingo Manager and at least one disinterested person.

3(
12/11/1996 10:00 2163973920 PAUL FILZER ASSOC PAGE 37

E) When more than one person is found to be the winner of a Bingo game,

a cash prize shall be divided equally among the winners to a minimum

cash prize of five dollars. When equal division of a merchandise prize

Is not possible, Identical prizes whose aggregate retail value Is

approximately equal to that of the designated prize shall be awarded.

17.7 ANNUAL OPERATING BUDGET. The Tribal Bingo operation shell be carried

out in accordance with an annual operating budget adopted for that purpose.

Such budget shall detail the operation expenses of the operation and shall be

prepared by the Tribal Bingo Manager. No Expenses may be Incurred by the

Tribal Bingo Manager except as provided In and In conformity with the annual

operating budget so adopted.

17.8 MONTHLY FINANCIAL REPORT. The Tribal Bingo Manager shell prepare,

sign and submit to the TCC a monthly financial report which shall include the

following information for the preceding month.

A) The names of all persons employed in the conduct of Bingo.

B) The number and dates of all Bingo occasions.

C) An itemized list of en expenditures.

1)) An itemized statement of gross receipts from all Bingo occasions.

E) A statement showing the balance In the Bingo account.

F) A list of the full names, addressee end social security numbers of all

winners of $500 or more, Including pull tab winners.

17.9 PROHIBITED ACTIViTIES. It shall be unlawful and a prohibited activity for

any person to:

A) Violate the terms of this Ordinance in any way; or

B) Conduct a Bingo game or occasion within the boundaries of the Trlbets

reservation except In conformity with this Ordinance; or

C) Act or scheme in any way to influence the conduct or result any Bingo

game or the determination of the winner thereof; or

I)) Act or scheme in any way to deprwe the Tribe of the income or

proceeds or any portion thereof from any Bingo game, Bingo occasion,

concession, or this operational expanses related thereto.

SECTION 18

LAW ENFORCEMEWI

The Tonlcawa Tribe of Oklahoma will use the ronkawa Tribal Police, as well as a co

operative agreement with the Tonkawa Police force of Tonkawa, Oklahoma to take

fingerprints pursuant to 25 C. F. R 522 .2 (h) and the Tonkawa Tribes gaming

Ordinance. Any person(s) who must under 25 C.FR. 522.2 (h) must have

fingerprints taken, but does not reside in the vicinity of the Tonkawa Tribe of

3i
12/11/1996 10:00 2163973990 PAUL. FILZER ASSOC PAGE 38

Oklahoma will be required to go to the police department in their home City, to have

those prints taken and forwarded to the Tonkawa Police Force of Tonkawa, Oklahoma

for use under 25 C.FR. 522.2 (1%) and the gaming Ordinance of the Tonkawa Tribe

of Oklahoma, Including, but not limited to1 the Tonkawe Police Force~s responsibility

for conducting criminal history checks through the Federal Dureau of investigation

National CzinUnal Information Center.

SECTION 19

DESIGNATION OF AGENT

The Secretary of the Tribal Business Committee is hereby designated as the official

agent of the Tribe, and the agent for receipt of service.

3..;
12/11/1996 10:00 21639739~0 PAUL FILZER ASSOr PAGE 39

r

RESOLUIZON *

BE IT HEREBY RESOLVED by the Council of the Tonkawa Tribe of Indians of

Oklahoma, that the foregoing Revised Tribal Canting Ordinance No. 1 was presented

to the Council for approval and adoption pursuant to the Conalitution and By-Laws

on the________ day of -- , 1996, and that the same is hereby

approved and adopted~as Tribal Gaming Ordinance No. 1, superseding any preceding

Ordinance.

I certify that Resolution _________

was passed by the Tribal Council on

this -.

day of ____________________, 1996 in accordance with the

Constitution and By-Laws of the Tribe.

Secretdry of the balCQtncil

a \ TT\J~2\tNDLA~\TO~KkWP.3 .GRD

3~