By First Class Mail 

Tiger Hobia, Town Icing 

Kialegee Tribal Town 

P.O. Box 332 

Wetumka, OK 74883 

SEP 2 9 2011 

Re: Kialegee Tribal Town gaming ordinance amendments 

Dear Town King Hobia: 

This letter resaonds to vour reauest for the National Indian Gaming Commission to 

review and approve tkee ameddments knacted by Resolution Nos. ~~-20<1-4-14~, TR-2011-06- 

30, and TR-2011-9-23. Resolution TR-2011-4-14A authorizes individually-owned gaming and 

expands patron dispute resolution procedures. Resolutions TR-2011-06-30 and TR-201 1-9-23 

include the following amendments: 

updates notices regarding the Privacy Act and false statements; 

includes provisions governing individually-owned gaming consistent with NIGC 

regulations; 

increases the terms of office of Tribal Gaming Commissioners; and 

clarifies that the Gaming Commission may delegate authority to take fingerprints. 

Thank you for bringing these amendments to our attention and for providing us a copy of 

the updated ordinance. The ordinance amendments are approved as they are consistent with the 

requirements of the Indian Gaming Regulatory Act and NIGC's regulations. 

I note that the Tribe bas submitted a notice that a facility license in under consideration 

for a partially restricted allotment that is held by non-members of the Tribe and that a lease of that 

land has not yet been approved by the Department ofthe Interior. My approval of this ordinance 

does not constitute a determination that the Tribe has jurisdiction over that parcel or that the 

parcel constitutes Indian lands eligible for gaming under IGRA. 

If you have any questions, please feel free to contact Staff Attorney Dawn Sturdevant 

Baum at 202-632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

NATIONAL HEADQUARTERS 1441 L St. NW, Suite 9100. Washington, DC 20005 Tel: 202632,7003 Fax: 202632.7066 WWW.NIGC.GOV 

REGIONAL OFFICES Pottland, OR; Sacramento. CA: Phoenx. AZ: St. Paul, MN;Tulsa, OK 
Kialegee Tribal Town 

P.O. Box 332 

Wetumka, Oklahoma 74883 

Tiger Hobia, Town King -6 

Thomas Givens, 1st Warrior 3) 

/ 

9 

Kialegee Tribal Town Resolution ~2 

TR-2011- q-/6/~ 

RESOLUTION OF THE KIALEGEE TRIBAL TOWN BUSINESS COMMITTEE 

AMENDING THE JCIALEGEE TRIBAL TOWN OF OKLAHOMA GAMI[NG 

ORDINANCE AS PROVIDED FOR IN THE ATTACHED "EXHIBIT A", 

EFFECTIVE IMMEDIATELY. 

WHEREAS, the ICialegee Etvlwv (Tribal Town) is one of the original towns of the Mvskoke 

Confederacy and the Kialegee Mekko (Town King), Cheea Hajo, did sign the 

June 29, 1796 treaty of peace between the Creek Confederacy and the United 

States (7 Stat. 56) as the representative of the Kialegee Tribal Town; and 

WHEREAS, the Kialegee Etvlwv (Tribal Town) was organized pursuant to the provisions of 

the Oklahoma Indian Welfare Act ("OIWA") of June 26, 1936 (49 Stat. 1967, 

codified at 25 U.S.C. $9 501 - 509) with a Constitution and By-Laws ratified by 

the tribal membership on June 12, 1941, as well as, a Corporate Charter ratified 

on September 17, 1942; the Tribal Town conducts all business pursuant to its 

OIWA organizing documents and has continuously maintained its governmental 

organization since ratification thereof; and 

WHEREAS, the Kialegee Constitution states; at Article II, Section 2, identifies that following 

as among the purposes for the Town's organization pursuant to the OIWA: 

"secure[ing] and obtain[ing] the benefits, rights, privileges, and powers as 

provided by the existing laws of the United States and those which hereafter may 

be enacted for the good and benefit of Indians or other citizens of the United 

States administered by Werent governmental agencies, such as relief, 

conservation, rehabilitation, resettlement, hospitalization, education, economic 

and all other programs that may be for the good and benefit of the members of the 

Town: and 

WHEREAS, the Kialegee Tribal Town Business Committee ("Business Committee") is the 

duly elected governing body of the Town and is empowered by the Tribe's 

Constiti~tion, at Article IV, Section 3, to "transact business or otherwise speak or 

act on behalf of the Town in all matters on which the Town is empowered to act" 

which powers to act are set forth in the Town's Corporate Charter which, 

specifically include but are not limited to, the power to sue and be sued in any 

court and to enter into any obligation or contract; and 

WHEREAS, Erom time to time it is necessary to amend laws and ordinances to reflect the best 

interests of the Tribe; and the Business Committee believes it to be in the best 

interest of the Tribe for the Gaming Ordinance to be amended; and 
NOW THEREFORE BE IT RESOLVED, that on behalf of the Kialegee Tribal Town, the 

Business Committee amends the Kialegee Tribal Town of Oklahoma Gaming 

Ordinance as provided for in the attached "Exhibit A", effective immediately. 

We, the undersigned officers of the Kialegee Etvlwv (Tribal Town) Business Committ do 

hereby certi@ that the foregoing Resohnbon TR-201 1-%$!&was duly adopted on the JG day 

of April, 201 1 by a vote of 7 for, (7 against, and 6 abstaining. 

q- CJ-I I 

PATE] 
EXHIBIT "A" 

Amendments to the Kialegee Tribal Town of Oklahoma Gaming Ordinance 

Section 102. Definitions 

(0) Non-Tribally Owned Gaming Enterprise (NTOGE) means a licensed gaming 

operation not owned by the Tribe. 

(p) ~rimhry Management Official renumbered &om (0) to (p). 

Section 104. 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 non-Tribally owned gaming is 

approved and licensed under this ordinance. 

(b) The Kialegee Tribal Town Gaming Commission shall license and regulate all Class II 

and Class 111 gaming within its Indian Lands, as defined herein, pursuant to this 

Ordinance, including those Class I1 and Class I11 gaming operations that are not Tribally 

owned. 

(c) For Non-Tribally Owned Gaming Enterprises (NTOGE): 

(1) Non-Tribal persons or entities, shall not be eligible to receive a tribal license to 

own a class II gaming activity conducted on IGalegee Indian Lands if such person 

or entities would not be eligible to receive a gaming license from the State of 

OMahoma to conduct the same activity within the jurisdiction of the State. 

(2) Any person or entity other than the Tribe that is permitted by the Tribe to operate 

Class 111 gaming on Kialegee Indian Lands must be fully compliant with the 

terms of the applicable TribdState Compact. 

(3) In order to be licensed by the Tribal Gaming Commission, individual owners, in 

addition to the requirements of this ordinance, shall also be required to: 

(i) Pay to the Tribe not less than 60 percent of the non-Tribally owned 

gaming operation's net gaming revenues, to be used only for the purposes 

set forth in this Ordinance at Section 105. 

(ii) Comply with eligibility standards of a State license for the same activity, 

so that if the individual is ineligible to receive a State license to conduct 

the same activity within that jurisdiction, a Tribal license shall be denied. 

(iii) Pay NIGC annual fees. 
Section 107. Gaming Commission 

(a) The Tribe hereby establishes a Tribal Gaming Commission whose duty it is to regulate 

all tribal and non-tribal gaming operations. The Tribal Gaming Commission shall consist 

of three members. There shall be among them a Chairperson, Vice-Chairperson, and one 

additional Commissioner. 

(0 (4) Obtain and process fingerprints, or designate an agency to obtain and process 

fingerprints; 

(7) Establish standards for licensing gaming operations; 

(8) Issue facility gaming licenses to gaming operations; 

(17) Establish a list of persons not allowed to game in gaming facilities in order to 

maintain the integrity of the gaming; 

(18) Establish a list of persons who have voluntarily asked to be excluded &om the 

gaming facility(s) and create regulations for enforcing this exclusion; 

(22) Perform such other duties the Commission deems appropriate for the proper 

regulation of the gaming operations; 

(g) The Gaming Commission . . . processes. Information obtained during the course of an 

employee background investigation shall be disclosed to members of management, 

human resource personnel or others employed by the gaming operation on a need-toknow basis for . . .duties. 

Section 1 12. Patron Dispute Resolution 

(a) The Tribal Gaming Commission, as established in this Ordinance, is authorized to 

oversee and regulate all gaming activities authorized by this Ordinance, including 

decision-making authority in regard to any disputes that may arise by the gaming public. 

(b) Patrons having a dispute with the gaming establishment, a Gaming Operator or 

Management Company licensed by the Tribal Gaming Commission may request that the 

Gaming General Manager or Operator resolve the dispute within seven (7) days of the 

occurrence. 

(c) If dissatisfied with the results received from the Gaming General Manager or Operator, 

patrons have as their sole remedy the right to file a petition for relief with the Tribal 

Gaming Commission. 

(1) Complaints shall be submitted in writing and must be submitted to the 

Commission within thirty (30) days of the incident giving rise to the complaint; 

(2) The Gaming Cornmission shall hold a hearing within thirty ((30) days of receipt of 
petitioner's complaint and, at the discretion of the Commission, the petitioner 

may be allowed to present evidence. Petitioner may be represented by counsel; 

(3) The Commission shall render a decision in a timely fashion and all such decisions 

shall be final when issued and shall constitute the complainant's final remedy. 

(d) All claims by patrons shall be limited to a maximum recovery of $10,000.00 per 

occurrence, and a cumulative limit of $50,000.00 per patron in any twelve (12) month 

period, except disputes relating to a patron's entitlement to a game prize, which shall be 

limited to the amount of such prize. 

Section 113. Tribal Internal Control Standards 

(a) The Tribe gives responsibility to the Tribal Gaming Commission to conform with 25 

C.F.R. 3 542 to adopt and implement Tribal Internal Control Standards (TICS) for the 

operation of Tribally Owned and Non-Tribally Qwned gaming operations in accordance 

with applicable law. 

(b) 'The TICS shall be set out in separate regulations to be reviewed and approved by the 

Tribal Gaming Commission. 

Section 114. Facility Licenses 

(c) The Gaming Commission Chairperson is authorized to issue temporary facility licenses 

not to exceed 30-days and may renew said temporary licenses for 30-day periods. 

Section 201. Licenses for Key Employees and Primary Management Officials 

(a) The Tribal Gaming Commission shall ensure that the policies and procedures set out in 

this section are implemented with respect to key employees and primary management 

officials employed at any gaming enterprise operated on Indian Lands. The Gaming 

Commission will issue licenses and perform background investigations according to 

requirements at least as stringent as 25 C.F.R. Parts 556 and 558. 

(b) Notwithstanding anything herein to the contrary, if the Applicant has completed a 

License Application, the Gaming Commission may immediately issue a temporary 

license if 

(1) The Gaming Commission has conducted a preliminary, local, background 

investigation; and 

(2) Based on the preliminary investigation, the information does not indicate that the 

Applicant has a criminal history. 

(c) A temporary license shall not exceed 90 days. 
New Section 309. Violations and Sanctions 

(a) Any person who engages in Gaming or Gaming related activities on property subject to 

the provisions of this Ordinance without a gaming license, or in violation of the terms 

imposed by a Gaming License, or in violation of the terms of a suspension imposed by 

the Gaming Commission on that Gaming License, or in violation of any other provision 

of this Ordinance and regulations promulgated hereunder, or amendments hereto, shall be 

in violation of the Ordinance. This provision shall apply to any person who is upon any 

premises licensed by this Ordinance without the consent of the licensee and1 or the 

Gaming Commission. 

(b) Violation of any provision of this Ordinance or any of the Gaming Commission's 

Regulations by a Licensee, his or her agent or employee: 

(1) Shall be deemed contrary to the public safety, good order, and general welfare of 

the Tribe and its members; 

(2) May be grounds for rehsing to grant or renew a License, or for suspension or 

revocation of a license; 

(3) May be grounds for filing a complaint with the National Indian Gaming 

Commission, may be grounds for filing criminal charges and/or a civil action in a 

court of competent jurisdiction on behalf of the Gaming Commission; and 

(4) In the case of a licensee being convicted of a felony, shall be grounds for 

immediate revocation of the License. 

(c) Acceptance of a License or renewal thereof or condition imposed thereon by a Licensee 

constitutes agreement of the part of the Licensee to be bound by all the regulations and/or 

conditions of the Gaming Commission and by the provisions of this Ordinance, and the 

regulations promulgated hereunder, and as the same may informed of the contents of all 

such regulations, provisions, and conditions, and ignorance thereof will not excuse the 

violations. 

(d) Any person in violation of this Ordinance shall be subject to sanctions under this 

Ordmance. The following provisions shall govern the response of the Gaming 

Commission to violations: 

(1) Each day of violation may constitute a separate count or violation of this 

Ordinance. Separate violations shall be heard as separate offenses before the 

Gaming Commission and/or prosecuted by a court of appropriate jurisdiction; 

(2) All property used in each and every separate violations of this Ordinance may 

become the property of the Tribe. All property used in each and every separate 

violation of this Ordinance may be subject to forfeiture following a hearing; 

(3) Violators may also be required to pay court costs, storage fees, and auction or 

sales fees; 
(4) Persons may be excluded or ejected from Gaming Enterprises or prohibited from 

trespassing on premises licensed under this Ordinance, and may be subjected to 

civil penalties or sanctions for violating any provision of this Ordinance; 

(5) Licenses may be suspended, revoked, or limited andlor Gaming Establishments 

my be forcibly closed; 

(6) Winnings found to have been received in violation of this ordinance may be 

confiscated and may, following a hearing, be forfeited and become the property of 

the Tribe; and 

(7) Civil penalties may be imposed as additional sanctions, in the amounts prescribed 

and in accordance with the hearing procedures set forth in the Ordinance. 

(e) Any of the above actions may be taken at the discretion of the Gaming Commission. 

New Section 3 10. Civil Penalty Provisions 

It shall be a civil violation of the laws of the Kialegee Tribal Town to disobey the provisions of 

this Ordinance or any regulations promulgated by the Gaming Commission, or any proper order 

issued under the authority of this Ordinance. Any person or Licensee found to be guilty of such 

violation may be assessed a civil penalty. Civil penalties may be imposed pursuant to and in 

compliance with the provisions of this Ordinance, and any regulations promulgated by the 

Gaming Commission under the authority provided in this Ordinance. Civil penalties may be 

imposed in addition to the imposition of any other sanctions permitted under this Ordinance, 

including but not limited to suspension or revocation of the Gaming License. Civil penalties 

may be imposed up to the amount of $25,000.00 for each individual violation, exclusive of any 

restitution. 

New Section 3 1 1. Exclusion of Individuals From Gaming Activities 

(a) Any operator shall have the authority and discretion to exclude from gaming activities or 

gaming facilities, any individual who: 

(1) Appears to be under the influence of intoxicants; 

(2) Appears to be losing an unreasonable amount of money at gaming activities; 

(3) Appears to be violating rules or regulations governing gaming activities as 

established by the Commission or the Operator; or 

(4) By virtue of his or her condition or activities, disturbs the peaceful participation 

of other individuals in gaming activities or disrupts the orderly conduct of the 

gaming activity. 

(b) An operator may make reasonable inquiries of individuals in the course of determining 

whether any of the activities defined in paragraph (a) above are occurring. 
(c) An operator who excludes any individual pursuant to this section shall not incur any 

liability, criminal or civil, as a result of an exclusion under this section. 

New Section 3 12. Sovereign Immunity 

The Business Committee acting on behalf of the Kialegee Tribal Town by this enactment, does 

expressly retain and does not in any way waive its sovereign immunity as expressed in treaties, 

laws or in any other manner. 

New Section 3 13. Savings Clause 

If any clause, provision or section of this ordinance shall be ruled invalid or unenforceable by 

any court of competent jurisdiction by final order after all appellate jurisdiction is exhausted, 

such judgment shall not invalidate or render unenforceable any other remaining provisions of 

this ordinance. Until such final order is entered and review exhausted, the questioned provisions 

shall be valid absent an enforceable injunction to the contrary. 

N'c. ~hc utrdrriigne'l officers CII tho Ki;ilcgcp: lit\lr\\ I. Iritrat To?tnl liusincss f:ornn~ircr:~. &3 

hcrvly cenil) that the Tt,l~gnir,g Ilcsolution dt.rl aduptctl rrn th~. 

It of J~iilc. 2011 h: 3 \.o!c of ,,..m".m. agsis~sr, nnd 

-. ahst~iining 

.. .~ -,,- 

'Tier I 3 is. Kirkgee 'I'ril,nl l'orbrr >ldikrr JI);ZTIF:I 
EXHIBIT "A" 

Amendments and Clwifications to the 411411 1 Amended ICisllegee Tribal Town of 

Oklahoi~~a Giaiiin~ Ordiuance 

Section 102. Definitions 

(o) Non-Tribally Owned Gaming Enterprise (NTOGE) means a licensedgaming 

operation not owned by the Tribe . 

(p) Primary Mal~agemcnt Ofiicial renumbered from (0) to (p). 

Section 104. Ownership of Ganling 

(a) The Tribe shall have the sole proprietary interest in and responsibility for the conduct of 

any gaming operation authorized by this ordinance, unless non-Tribally owned gaming is 

approved and licensed under this ordinance. 

(b) The Kialegee Tribal Town Gaming Commission shall license and regulate all Class I1 

and Class III gaming within its Indian Lands, as defined herein, pursuant to this 

Ordinance, including those Class I1 and Class I11 gaming operations that are not Tribally 

owned. 

Q For Won-Tribally Owned Gaming Enterprises (NTOGE): 

(1) Non-Tribal persons or entities, shall not be eligible to receive a tribal license to 

own a class TI or class m gaming activity conducted on Kialegee Indian Lands if 

such person or entities would not be eligible to receive a gaming license from the 

State of Oklahoma to conduct the same activity within the jurisdiction of the 

State. 

(2) Any person or entity other than the Tribe that is permitted by the Tribe to operate 

Class III gaming on ICialegee Indian Lands must be fully compliant with the 

telms of the applicable TribaVState Compact. 

(3) In order to be licensed by the Tribal Gaming Commission, individual owners, in 

addition to the requirements ofthis ordinance, shall also be required to: 

(I) Pay to the Tribe not less than 60 percent of the non-Tribally owned 

gaming operation's net gaming revenues, to be used only for the purposes 

set forth in this Ordinance at Section 105. 

(ii) Comply with eligibility standards of a State license for the same activity, 

so that if the individual is ineligible to receive a State license to conduct 

the same activity witlh that jurisdiction, a Tribal license shall be denied 

State law standards shall apply with respect to purpose, entity, pot limits 

and hours of operation. 
(iii) Pay NIGC annual fees. 

Section 107. Gaming Commission 

(a) The Tribe hereby establishes a Tribal Gaming Commission whose duty it is to regulate 

all tribal and non-tribal gaming operations. The Tribal Gaming Commission shall consist 

of three members. There shall be among them a Chairperson, Vice-Chairperson, and one 

additional Commissioner. 

(f) (4) Obtain and process fingerprints, or designate an agency to obtain and process 

fingerprints; 

(7) Establish standards for licensing gaming operations; 

(8) Issue facility gaming licenses to gatning operations; 

(17) Establish a list of persons not allowed to game in gaming facilities in order to 

maintain the integrity of the gaming; 

(18) Establish a list of persons who have voluntarily asked to be 'mcluded from the 

gaming facility(s) and create regulations for enforcing this exclusion; 

(22) Perform such other duties the Commission deems appropriate for the proper 

regulation of the gaming operations; 

(g) The Gming Commission . . . processes. Information obtained during the course of an 

employee background investigation shall be disclosed to members of management, 

human resource personnel or others employed by the gaming operation on a need-toknow basis for . . .duties. 

(h) Terms of Office for Tribal Gaming Commission shall be as follows: the Chair shall serve 

an initial term of four (4) years, with subsequent Chairs serving five-year terms. The 

Vice-Chair shall serve an initial term of three (3) years, with subsequent Vice-Chairs 

serving fivsyear terms. The Commissioner(s) shall serve m initial term of two (2) 

years, with subsequent Commissioners serving five-year terms. 

Section 112. Patron Dispute Resolution 

(a) The Tribal Gaming Commission, as established in this Ordice, is authorized to 

oversee and regulate all gaming activities authorized by this Ordinance, including 

decision-making authority in regard to any disputes that may arise by the gajning public. 

(b) Patrons having a dispute with the gaming establishment, a Gaming Operator or 

Management Company licensed by the Tribal Gaming Commission may request that the 

Gaming General Manager or Operator resolve the dispute within seven (7) days of the 

occurrence. 
(c) If dissatisfied with the results received from the Gaming General Manager or Operator, 

patrons have as their sole remedy the right to file a petition for relief with the Tribal 

Gaming Commission. 

(1) Complaints shall be submitted in writing and must be submitted to the 

Commission within thirty (30) days of the incident giving rise to the complaint; 

(2) The Gaming Commission shall hold a hearing within thirty (30) days of receipt of 

petitioner's complaint and, at the discretion of the Commission, the petitioner 

may be allowed to present evidence. Petitioner may be represented by counsel; 

(3) The Commission shall render a decision in a timely fashion and all such decisions 

shall be final when issued and shall constitute the complainant's final remedy. 

(d) All claims by patrons shall be limited to a maximum recovery of $10,000.00 per 

occurrence, and a cumulative Iimit of $50,000.00 per patron in any twelve (12) month 

period, except disputes relating to a patron's entitlement to a game prize, which shall be 

limited to the amount of such prize. 

Section 113. Tribal Internal Control Standards 

(a) The Tribe gives responsibility to the Tribal Gaming Commission to conform with 25 

C.F.R. 542 to adopt and implement Tribal Internd Control Standards (TICS) for the 

operation of Tribally Owned and Non-Tribally Owned gaming operations in accordance 

with applicable law. 

(b) The TICS shall be set out in separate regulations to be reviewed and approved by the 

Tribal Gaming Commission. 

Section 114. Facility Licenses 

0 The Gamii Commission Chairperson is authorized to issue temporary facility licenses 

not to exceed 30-days and may renew said temporary licenses for 30-day periods. 

Section 201. Licenses for Key Employees and Primary Management Officials 

(a) The Tribd GamingCommission shall ensure that the policies and procedures set out in 

this section are implemented with respect .to key employees and primary management 

officials employed at any gaming enterprise operated on Indian Lands. The Gaming 

Commission will issue licenses and perForm background investigations according to 

requirements at least as stringent as 25 C.F.R. Parts 556 and 558. 

(b) Notwithstanding anything herein to the contrary, if the Applicant has completed a 

License Application, the Gaming Commission may immediately issue a temporary 

license if: 
(I) The Gaming Commission has conducted a preliminary, local, background 

investigation; and 

(2) Based on the preliminary investigation, the information does not indicate that the 

Applicant has a criminal history. 

(c) A temporary license shall not exceed 90 days. 

Section 202. License Application Forms 

\a) All applications for Gaming Employee Licenses for Key Enlployees and Prunary 

Managen~ent Officials shall include the following notices which shall be pre-printed at 

the begi~luing of each application: 

"Irr coriplia~rce tritli tlte Privacy Act of 1974, tlte folla~.irrg ir!for~riatioris 

proviciecl: Solicitalioir of /lie ii!forr~ratiorr 011 tlris.for,n is autlrorizeci hy 25 USC. 

7701, e/ seq. The ptrpose of /lie reqtrested h!forrr~atiorr is to deterr~ririe the 

eligibility of tlre irrtfividr~aLs to he ertployed irr a gatrrirrg operatiori. The 

/r?fo,niation i1~i11 be 11~see1 by tlie Trihe arid Natiorial Iridiarr Gaririirg Cor~r~irissior~ 

~re~iihrn's arid sta$ irlho liafe treed for tlie ir!fortrratiori iir tJie perforrrr~rrce qf tlteir 

P[ficia/ duties. The ii!forrriatiOtrti~ay be di,scloscd to upp~'opriate Federal, Tribal, 

$/ate, local or.fi)reigii Icno er!forcemerrt arid regrlatory agcircies ivlicrr rele~~airt to 

ciigil, crittrirral, or reg~lator~~ irnfe,sligatio~is or prosect~fiorr~' or irJ/?e~rpi~rs~rattt to a 

t'eqirire~tie~~t by a haihe or the Natiorial Itidiari Garirirrg Cotrt~ifissiori irrcorrrrcctiotl 

I!~ifl~ tieis,s~rairce, tierrial, or revocatiorr of a gariiirrg licerrse, or irn)e,stigatioris of 

activities ivhile a,v,wciated~rlith atribe or garrrirg operafiorrs. Failwe to corlsort 

to the disclast~re~s iirciicateti irr tltits rrotice ~vill r-esirlt irr a tribe !s beirrg trriahle to 

)?irey?rl irr apritiraqj ntariageriretrf oflcial or key eu~)I(~~ee~~ositio)~. " 

"81c cfiscIos11re of j~oirr Social Sec~rrity Nrrtrrber (SSN) is vollrirta~$ Hm~vver, 

.ybilirre 2'0 siryyly a SSN niqr re,strIt iri errors irr pr'ocessi~rg~~oirr applicatiori. ., 

[25 C.F.R. $556.2(a)] 

(b) The following additional notice shall be pre-printed on said applications: 

'2 .false staterrier/t or1 ally part oj tltis ayylicafiorr tiray he grolrnocls,for tlerljlirrg a 

~ice/rse or /lie s11~~1et1siorr revocatiori of a Iicer~se arrd rlray ,srtbjecr yo11 to 

brirriirral cltarges pt~~iisltable by firre or irrpriis(~rrtirent ~rr~ler.$deral/m~~ piws~rarrl 

?o 18 II;S.C 1001." 

Section 204. Fingerprints. 

Each applicant far a Key Employee or Primary Management Official shall be required to have 

fingerprints taken as part of the license application procedure. Fingerprints shall be taken 
electroilically by the Gamii~g Co~~u~ission or its clesignated agency. Fingerprints will thccn be 

forwarded to the NIGC for processing through the FBI and NCIC to determine the applicant's 

criminal history, if any. 

Section 205. Background Investigations. 

(a) The Cranh~g Colnmission or its clesignated agency shall be responsible for conducting 

background investigations. Suitability cleternunatioas sliall be n~ade by the Ganli~~g 

Commission under Section 207 below. 

New Section 309. Violations and Sanctions 

(a) Any person who engages in Gaming or Gaming related activities on property subject to 

the provisions of this Ordinance without a gaming license, or in violation of the terms 

imposed by a Gaming License, or in violation of the terms of a suspension imposed by 

the Gaming Commission on that Gaming License, or in violation of any other provision 

of this Ordinance and regulations promulgated hereunder, or amendments hereto, shall be 

in violation of the Ordinance. This provision shall apply to any person who is upon any 

premises licensed by this Ordinance without the consent of the licensee and/ or the 

Gaming Commission. 

(b) Violation of any provision of this Ordinance or any of the Gaming Conunission's 

Regulations by a Licensee, his or her agent or employee: 

(1) Shall be deemed contrary to the public safety, good order, and general welfare of 

the Tribe and its members; 

(2) May be grounds for refbsing to grmt or renew a License, or for suspension or 

revocation of a license; 

(3) May be grounds for filing a complaint with the National Indian Gaming 

Commission, may be grounds for filing criminal charges and/or a civil action in a 

court of competent jurisdiction on behalf of the Gaming Commission; and 

(4) In the case of a licensee being convicted of a felony, shall be grounds for 

immediate revocation of the License. 

0 Acce~tance of a License or renewal thereof or condition imoosed thereon by a Licensee 

consitUtes agreement of the part ofthe Licensee to be bouid by all the regulations and/or 

conditions of the Gaming Commission and by the provisions of this Ordinance, and the 

regulations promulgated hereunder, and as the s&e may informed of the contents of all 

such regulations, provisions, and conditions, and ignorance thereof will not excuse the 

violations. 

(d) Any person in violation of this Ordinance shall be subject to sanctions under this 

Ordinance. The following provisions shall govern the response ofthe Gaming 

Commission to violations: 
(I) Each day of violation may constitute a separate count or violation of this 

Ordinance. Separate violations shall be heard as separate offenses before the 

Gaming Commission andlor prosecuted by a court of appropriate jurisdiction; 

(2) All property used in each and every separate violations of this Ordinance may 

become the property of the Tribe. All property used in each and every separate 

violation of this Ordinance may be subject to forfeiture following a hearing; 

(3) Violators may also be required to pay court costs, storage fees, and auction or 

sales fees; 

(4) Persons may be excluded or ejected from Gaming Enterprises or prohibited ffom 

trespassing on premises licensed under this Ordinance, and may be subjected to 

civil penalties or sanctions for violating any provision of this Ordinance; 

(5) Licenses may be suspended, revoked, or limited andlor Gaming Establishments 

my be forcibly closed; 

(6) Winnings found to have been received in violation of this ordinance may be 

confiscated and may, following a hearing, be forfeited and become the property of 

the Tribe; and 

(7) Civil penalties may be imposed as additional sanctions, in the amounts prescribed 

and in accordance with the hearing procedures set forth in the Ordinance. 

(e) Any of the above actions may be taken at the discretion of the Gaming Commission. 

New Section 3 10. Civil Penalty Provisions 

It shall be a civil violation of the laws of the Kialegee Tribal Town to disobey the provisions of 

this Ordinance or any regulations promulgated by the Gaming Commission, or a6 proper order 

issued under the authority of this Ordinance. Any person or Licensee found to be guilty of such 

violation may be assessed a civil penalty. Civil penalties may bc imposed pursuant to and in 

compliance with the provisions of this Ordinance, and any regulations promulgated by the 

Gaming Commission under the authority provided in this Ordinance. Civil penalties may be 

imposed in addition to the imposition of any other sanctions permitted under this Ordinance, 

including but not limited to suspension or revocation of the Gaming License. Civil penalties 

may be imposed up to the amount of $25,000.00 for each individual violation, exclusive of any 

restitution. 

New Section 3 11. Exclusion of Individuals From Gaming Activities 

(a) Any operator shall have the authority and discretion to exclude from gaming activities or 

gaming facilities, any individual who: 

(1) Appews to be under the influence of intoxicants; 
(2) Appears to be losing an unreasonable amount of money at gaming activities; 

(3) Appears to be violating rules or regulations governing gaming activities as 

established by the Commission or the Operator; or 

(4) By virtue of his or her condition or activities, disturbs the peacehl participation 

of other individuals in gaming activities or disrupts the orderly conduct of the 

gaming activity. 

(b) An operator may make reasonable inquiries of individuals in the course of determining 

whether any of the activities defined in paragraph (a) above are occurring. 

8 An operator who excludes any individual pursuant to this section shall not incur any 

liability, criminal or civil, as a result of an exclusion under this section. 

New Section 3 12. Sovereign Immunity 

The Business Committee acting on behalf of the Kialegee Tribal Town by this enactment, does 

expressly retain and does not in any way waive its sovereign immunity as expressed in treaties, 

Iaws or in any other manner. 

New Section 3 13. Savings Clause 

If any clause, provision or section of this ordinance shall be ruled invalid or unenforceable by 

any court of competent jurisdiction by final order aRer all appellate jurisdiction is exhausted, 

such judgment shall not invalidate or render unenforceable any other remaining provisions of 

this ordinance. Until such final order is entered and review exhausted, the questioned provisions 

shall be valid absent an enforceable injunction to the contrary. 
Elale ee Tribal Town 

5.0, Box 932 

Wet-a, Oklahoma 74888 

'Fi er Hobia, Town LUpg Jw & a Yarge, let WEU~OF 

Kinlogee Tribal Town 'Resolution 

TR-201.1-9-23 

IKfCSO'LU'SION OF THE WALEGILE TR[BAL TOWN BUSINESS COMMTCEE 

COIlIPRCTING BECTION 202 OF THE KIA LECEE TRIBAL TOWN OF 0KLAtIOlV.A 

GAMING OHUINANCE AS PROVIDED lrOR IN Tm ATTACKlr,D '='.r A". 

~FFECT~VE 1MME;DIA'FBL"Y. 

WHEREAS, the Kialeaee BLvlwv Cl"riba1 Town) is one ofthe ofirdnel. towns ofthe Mvskak~ 

~o~~fedeio~ md ~i&gee ~ekho@(l'own Kha)!), Chnea Ifdo, did sip the June 

29,1796 beatv oEnence between the Creek Cadederffiv and the Unijed States (7 

stit. 56) as & ~Geserktative ofthe :&idinlogoo Tribal T~W; and 

WEEREAS, thc KZalcgee Etvlwv (Tribal Tom) was organized p~r~3wt to tho provisions of 

thm OMahomu Indian Welfara Aot (''QlWA) ofthe June 26,1936 (49 8tat. 1967, 

coditid at 25 U.S.C. 46 501-509) with n Constitution nnd By-Laws ratllied by the 

Iribal, rnarnbcrship an June 12.1 941, os well w, a Corpomto Chartor dfred on 

Septcmbcr 17,1942; fie Tribal Town conducts all businws pursuant: to ib OWA 

orgmizing dooumcntfi and harr con%inuously mninteined its govumantal 

organization since raliilcation thercoF md 

WHEREAS, he Kialt~ee Constitution states; ut Article IJ, Section 2, identifies thnt following 

as mong the purposes far khe Town's organization pusunnl to the !OW& 

"sectrre[ing] and obtaiaangl the benefits, ri~~htbts, pdvilagea, and powers as 

provided by ilie adsting laws afthe United States and those which hereaAer may 

bc enacted forthe $ood and benefil. of Indians or other citizens ofthe Unit4 

States adminiulered by different governmentat agencim, such as relief, 

co~~fiorvation, schabililation, rcwettlemant, hospitalization, cduontion, toonomic 

and dl other programs thtlt may be for the good and benefit of tho rnmbcra bP tho 

Town;" and 

W;I3I$lXEAS, the Kialegee Tribal Tow Business Co~dttee ("Buelaess Committm") is tbe 

duly eleat4 governing body of the Town and je empowered by the Tribe'@ 

Consdtuiion. at Article IV, Section 3, ra '"Lransnct busincge or otherwise &peak or 

act an behnlfo ?&e Town in all matters on wliiah the Town is empowtred la act" 

whjch powers to act are HEI: forth in the Town's Corporate Chwtcr which. 

speuificnlly include but are not limited to, the powet to sue ruld be yi~ed in any 

court and enter into my obligation cw oontract; and 

WgKfEAS, it ia necessary to cozm~t Section 202 of the KZT Gmhg Onli,nmae to reflect tho 

exact ~UI!I@Ittge requlrad by MQC; and tho Uuaineea Committee believed it to be h 
thc best intcrast of tho Tribe CQ~ tht: Gtunin& Orciinancs to be no oorracted; mcl 

'NOW T'lXERETrORE BE IT .RESOLVED, that on behalt ixfthc Kialegse, Tribal Town, che 

33wsinaus Cornminee heroby carrecta Seoticn 202 ofthe Kinlagee Trlbnl Town aF 

Oklrrhoma Gaming Ordinance ar providhd TOT jin rhe attaclled "&Exhibit A", 

effect;iva immcrliately. 

We, tlre rmdcrsigncd officers of 'Ll~e Kid sinosu Commiticc, do 

Itereliy ccrtiiy tltnl; the foregoing Resol duly ada,pxad. aa the 

rluy of September, 201 I by a vote WE against, nnd 

C;!ilhstninlrlg. 
SEP-23-2011 17:01 From:SOUSFI LRW 9184358080 To: 9183336120 P. 1'1 

ac-I'IOJN 202 dthe KIT GAMING ORUINA$II 

SecLion 20'2. [License Application Forms 

(I 1\11 <lpp!i~lti~ll~ hr Gaming I?mpIoyee Licen~es .for Key Employeus rrlld 12rimury 

Mnnng~.aroul Ol'lioialr lrlrall includt: tlre ~lbllowing notices which sliull be pro-printed nl 

tho beginlli~>& oresoh application: 

''IN cornp/lautce with ilw Privur'y Act (ti/' f 1974, lheJi,//o~~ing infi~rtnalion is 

provide& Solir~l~uiion rdthc injbrmatic~n on ihls,fi)rm 1s uurharized />,I) 23 

L1.S.C: 2701, el sdlcf. The purpose ctf the requested id(~rmution i,v rci 

clr.lc8rminc ihc eligibility ojih~" inrlividual,~ lo be grun/#i$a gamIn~llcbn.~c. 

The iqforrnalion wiN hc uscdhyrhc F~~~aI'gq~i~~r~~~g~q~ur~horltiand 

by th~ NUI/OIII:/ In~ii~dn Girming Commission tnetn/)er,v ~tid YI~~~MJ~IO Iteve 

nsed.fbr thrc ir?formull(~n in ihr ~D~$~I'#LIMCT (?/ //ieir u~flciul du/ie.ts. file 

infirrnrttlon rnuy be &scl{~.vedto upproprlaie Federcll, 'rrihul, S/u/c, loc~rl or 

.fot~e/gt~ IIIW e~fi~rccrnunt und ~~Ru/u!N~" II~~~CIBS w/ier~relevan/ 10 ~*ivil, 

cr*itniflwl, or r@:ululory inve.vlig~~lian~s or,prr~sscrdIi(~n.ns or when p?rr:vrirrnl lo 

u ruqrcirernrml hy a irihe or ihc Nuliondl Indicin Uumirlg l'ornttiissir~n in 

connculim wilh /he I.T.SIIUWCC, drniul, or rwacalion ($a wrning li&c.ns@, or 

1m~e.sliguiir~n.s qf trctiviilirrs while rrs.~~bcicrtud with rc /ribs ur LI gcttning 

r~j~enrllr~n. I:Nil~rre m norrsen~ 10 rhe cliscinsrrrw indicutedin lhis nc)licc MJ~N 

re.vt11t irr cr tribe '.u being rmuble io ifg~ft#:i $leou./or ct primary nrrtnuficmcnr 

~~fltc~~icial are key otnphye~ pt~.\~lrir,n. " 

(b) 7'lie fidlowing ~ddirionnl notice shall be pre-printed 1111 saicl applications: 

"A.k/si! slotemen1 on any purl of'yn!y! ?{cufis,@, uppllcarion mc(v he gi-oundv 

jhr denying a license or /he s~~.vl~ar*.ir,n or revocufion of CI l/cun,ve. Also, you 

mu$ &K punjshcd by jina or ftpviYq&nqzk.n( (U,St Code, title 18, section 

dQ@,l! '>