d To: Mike Watkins, President' .. 

Cherokee Nation of Oklahoma 

Ref NOVCO 5-99 

P.O. Box 179 

Tahlequah, Oklahoma 74465 

1. The Chahman of the National hibn Gaming &eon WGC) hereby gives notice thHr . 

. the Cherokee Nation of Oklahoma (hemifker referred to as "Respondent"), located 'm Tahlequah, 

Oklahoma is in violation of the Indian Gamin.g Regdztory Act (IGRA) aid MGC regdations.' 

2. The cir-ces of the yiolation are: . . 

Respondent is a federally rempid Indian T&e whh tnid hedqmrkn & ~&equa4 - 

Oklahoma Respondent engages m gaming operations on tnial lands located in Tablequah, 

Oklahoma Respondent does not have a cornpad with the State of OMbma which would allow 

Respondent to operate Class III &ling devices. During s yi$t to the Tribe's gaming '3 operations on or about Febnmy 23,1999, NIGC - es &sewed Class III video 

machine gam& being offfled foipkq Th& maca stop bunqns operated by the 

customer a$d were off* in the Reels &Deals ad OSS/C- formars. -. - I 

'P- to disamions letw& tbc & and %spndent in ammnplation &£this ~btice - 

. and Order, as of this date the follh Clan DI machine 30ajnes are being offered fog - 7. 

- 3. Respondent is in violation of NIGC regdations as fbllows: . 

Under Section 502.4 oftbeNGCs regddong Class ID &means all forms ofpming 

that are not Class I gming or Class II gaming @caIly inchding @ut n& limited to) a& slot 

machines as defined in 1 5 ZJ-S.C. 5 1 3 f l(aX1) and .electronic or decbornechanicd fiiaidiles',of , 

'MGC regulations are set forth in Chapter Il?, Tie 25, Parts 500-599 of the Code of 

Federal Res~~.~lations. AU sections ofW regulations &ed m this Notice refer to the perdnem 

parts of Title 25. MGC regulations implement provisions of the Indian Gaming Regulatory Act 

(IGRA), 25 U. S.C. 2701 el seq, @ed imo law on October 17,1985. * 
any game of chance. Under MGC r-ons an electronic or dech-omechicai hximile means 

any gambling device as defined in 15 U S.C. 5 1 171(a)(2) or (3). See Section 5028. 

7 The machines listed above are gambling devices as defined under I5 U S.C. Section 1 171 (a) 

and therefore fill within the definition of Class IlI gaming. Became Respondent does not have a 

compact witd the State of Oldahorna which authorizes the pla* of Class III gambling devices a 

Respondent's gaming fidty, Respondent is operating such games in the absene of a tnial-state 

compact in violation of 25 U.S.C. 5 2710(d) and 25 C.F.R 5 573.qa)I I. 

4. To correct the violations, Respondent shall comply with the fonowing c1osu.e order. 

CIosnrtOrder- ' 

Under the authority of 25 USC. 82701 d seq. and 25 C-FR 9573.6(a) and @), tbt 

Chairman of the National Indian Gaming Commission (NIGC) bereby gives notice that tbe 

Cherokee Nation of OW,orm is ordered to cease and desist the operation daU &he abovelisted gaming machines in its gaming fidties. This order shdl be tffcetne within twentyfour hours'of receipt of-this Notice of Violation and CIosnrr Onier. I 

, , 

6. &$&&kiz Under25~~~'§573.6(cfwithinsevm(7)dayraftcrbce~ffmjs. 

&dm, Respondent may requai only or m informd expedited review by t& Chaimm 

The Chairman must comp1ete sucb review witbin two (2) days a& receipt of a h9y request 

Within two (2) days after the expedited reski provided by 25 CIK $573.6(c)i the clkk~.~ 3 must decide whether to me the Order mukt provide~~ndent with an 8EPhu&on of. L -- the basis for the decision . . 

I -. - - 

7. dppeal Whether or not a Respondent sgkr th informal expe&ed review &bed in -. - 

paragraph. 6 above, with 30 ~~) days afta dce of G~otice of vmlaticm and order of . , 

Temporary Closure, Respondent may appeal to the fun ~Oddh under 25 CER~PB~ 577 by - 

submitting a notice of appeaI and, ifdesired, request fa hearihgto the ~ational Iarnan ami in^ . 

Commission, 1441 L Street, NW, Nmth Floor, W-oq. DC 20005- Reqmmht has a right $0 . a 

. 

. assistance of cound mkch &I appeal A notice of appeal nut reference this Notice of 

and Order. 

~ithintm(l~)da~s&er~anadceof~-~dent&fili~the . 

Commission a supp1emental statement that states vdh particularity the relief desired and the 

grounds therefore and that mcluda when available, support&j evidence in the fbrm of afiiclavits. 

If Respondent wishes to present oral testimony or wimm at rbe hearing, Respondent muq 

include a request to do so with tbe suppIememal statemem. .The repest to p& oral testimony 

or witnesses must spew the names ofproposed xiitnesses and the general nature of their 

expected testimony, whether a closed hearing is requested and why- Respondem may waive its 

right to an oral hearing and instead dm to have the mmer determined by the Commission solely 

on the basis of written submissions. 
-. 8. - The violations cited above may additionally result in the 

assessment of civil fines against Respondent in an amOM not to exceed $25,000 per violation per U) day. Under 25 C.F.R 5 575. 5(a), Respondent may submit written information about the violation 

to the Chairman within 15 days after service of this notice of violadon (or such longer period as 

the Chairman of the Commission may grant for good cause). If Respondent chooses to appeal, 

pursuant to the tenns of the Procedural Stipulation of May 20, 1999, to which both the Chairman 

and Respondent are parties, Respondent may submit such written informaion as provided in 

paragraph 12b. of said Procedural Stipulation The chiman shall consider any infoxmation 

submitted in determining the hcts surrounding tk violation and the amount of the civil fine, if 

anyMantie R Deer 

Chairman . National Indian Gaming Commission