P.O.Box 70 IN THE DISTRICT COURT Administration Department 

407 N. Hwy 102 

McLoud, Oklahoma 74,351 

JUN 1 7 2014 Phone: 405-964-7053; Fax: 405-964.-7065 

Email: kwilsou@kickapootribcofoklahoma.com 

RESOLUTION 

DOCKE'f . PAGE KICR'JiFimSTRi6iroF OK~7\Fm~-- --- ,./__.. . t:.. COURT CLERK 

BY ~~;:;«J_DEPUTY 

KT0-2014- {).,0 

A RESOLUTION DULY ADOPTED BY THE BUSINESS COMMITTEE OF THE 

KICKAPOO TRIBE OF OKLAHOMA CERTIFYING THAT THE KICKAPOO 

COUNCIL, AT THE ANNUAL KICKAPOO COUNCIL MEETING HELD, ON JUNE 

14, 2014, DID IN. FACT, APPROVE AND ENACT THE KICKAPOO TRIBE OF 

OKLAHOMA GAMING ORDINANCE OF 2014 

WHEREAS, the Kickapoo Tribe of Oklahoma is a Federally recognized Native American 

Tribe pursuant to the Thomas-Rogers Oklahoma Indian Welfare Act of June 26, 

1936, (49 Stat. 1967); and 

WHEREAS, the Business Committee of the Kickapoo Tribe of Oklahoma is authorized to 

speak and act on behalf of the Tribe in accordance with the Kickapoo Tribe of 

Oklahoma Constitution and By-laws, Article V, Section 1 (a); and 

WHEREAS, the Kickapoo people, have through the continuation of Kickapoo history, an 

organized self-government, since time immemorial, sovereign powers inherent in 

Kickapoo tradition and recognized by treaties with the government of the United 

States of America and in the Constitution of the United States of America; and 

WHEREAS, the Kickapoo Council, in accordance with the Kickapoo Tribe of Oklahoma 

Constitution and By-Laws, Article XV-Tribal Legislation-Ordinances, has the 

general power and authority to enact, amend, or rescind Ordinances; and 

WHEREAS, in order to conduct gaming activities consistent with federal law, including the 

regulations and guidelines established by Public Law 100-497, commonly known 

as "The Indian Gaming Regulatory Act," and any tribal/state gaming compact 

applicable to the Tribe, the Tribe desires to approve and enact the Kickapoo Tribe 

o/Oklahoma Gaming Ordinance o/2014; and 

WHEREAS, a Kickapoo Tribe of Oklahoma Annual Kickapoo Council meeting was duly 

called for and conducted on June 14, 2014, with a quorum of the Kickapoo 

Council present; and 

~Safazwt APETOKA 

CHAIRMAN 

9JoiμL 9'MIUlla 

ADAMIDATA 

VICE-CHAIRMAN 

ffcWticia~ MOKITANOCUA 

SECRETARY 

JennJ1 :f)O-W/14' 

KISAKODICUA 

TREASURER 

~Suire 

MOIOTANOA 

COUNCILMAN 
RESOLUTION KT0-2014-.tRQ. 

Page 2 

WHEREAS, the Kickapoo Council, at an Annual Kickapoo Council meeting held on June 14, 

2014, did in fact approve and enact the Kickapoo Tribe of Oklahoma Gaming 

Ordinance of 2014, with a quorum present, by a vote of 48 in favor, _Q 

opposed, and _Q_ abstained. 

NOW, THEREFORE BE IT RESOLVED, the Business Committee of the Kickapoo Tribe of 

Oklahoma does hereby certify, the Kickapoo Council, at the Annual Kickapoo 

Council meeting of June 14, 2014, did in fact enact and approve by a vote of 48 

in favor, _O_ opposed, and _O_ abstaining the Kickapoo Tribe of Oklahoma 

Gaming Ordinance of 2014. 

CERTIFICATION 

We, Gilbert Salazar, Chairman, and Patricia Gonzales, Secretary, serving in our official duties, 

as members of the Kickapoo Tribe of Oklahoma Business Committee, do hereby certify that the 

above Resolution is a true and exact original as approved by the Business Committee, at a 

special meeting of the Business Committee held on,\ lM\.g. J 7 , 2014, with a quorum 

present, and the vote being__,;;____ in favor, ___Q_ opposed, and 7 abstaining. 

, C airman 

Business ommittee 

Kickapoo Tribe of Oklahoma 

ecretary 

Business Co 1ttee 

Kickapoo Tri e of Oklahoma 
P.O.Box 70 

407 N. Hwy 102 

McLoud, Oklahoma i4851 Email: kwilson@kickapootriheofoklahoma.com 

DOCKET PAGE RESOLUTION K1c1<A-'Pm:fTRTIWoF OKLAHOMA KT0-2014-.d_L ~ ~ COURT CLERK 

BY ©2/j4 7:;;~t''25-DEPUTY 

A RESOLUTION DULY ADOPTED BY BUSINESS COMMITTEE OF THE 

KICKAPOO TRIBE OF OKLAHOMA AUTHORIZING FOR PRESENTATION THE 

I(JCKAPOO TRIBE OF OKLAHOMA GAMING ORDINANCE OF 2014 AND THAT SUCH 

ORDINANCE BE SUBMITTED TO THE KICKAPOO COUNCIL, FOR LEGISLATIVE 

ENACTMENT, AT THE KICKAPOO TRIBE OF OKLAHOMA ANNUAL COUNCIL 

MEETING TO BE HELD ON JUNE 14, 2014 

WHEREAS, the Kickapoo Tribe of Oklahoma is a Federally recognized Native American 

government pursuant to the Thomas-Rogers Oklahoma Indian Welfare Act of 

June 26, 1936, (42 Stat. 1967); and 

WHEREAS, the Kickapoo Tribe of Oklahoma is recognized by the Bureau of Indian Affairs 

and is eligible to receive services and funding from the Bureau of Indian Affairs 

as the Tribe has Federal status as a Indian government entity in a government to 

government relationship with the United States of America, (77 CFR 47868-

47873, August 10, 2012); and 

WHEREAS, the Business Committee of the Kickapoo Tribe of Oklahoma is authorized to 

speak and act on behalf of the Kickapoo Tribe of Oklahoma in accordance with 

the Kickapoo Tribe of Oklahoma Constitution and By-Laws, Article V, Section 

l(a); and 

WHEREAS, it is the position of the Business Committee that it is in the best interest of the 

Kickapoo Tribe of Oklahoma to have in place a tiew and updated Tribal Gaming 

Ordinance; and 

WHEREAS, as a Tribal Gaming Ordinance shall have long range effect and is a significant 

legislative enactment, as Kickapoo Tribe of Oklahoma law, it is the decision of 

the Business Committee that the Kickapoo Tribe of Oklahoma Gaming 

Ordinance of 2014 be submitted to the Kickapoo Council for formal enactment 

and approval; and 

WHEREAS, the Kickapoo Council, in accordance with I(ickapoo Tribe of Oklahoma 

Constitution and By-Laws, Article IV, is the supreme governing body of the 

Tribe and shall consist of all Tribal members who are over the age of eighteen 

(18); and 

~s~ AP ET OKA 

CHAIRMAN 

9J<Ujd [Jon/Ulla 

ADAMIDATA 

VICE-CHAIRMAN 

:Jabticia~ MOKITANOCUA 

SECRETARY 

Jamel1 fiJO.wtM 

KISAKODICUA 

TREASURER 

&wtelt Suire 

MOKITANOA 

COUNCILMAN 
RESOLUTION KT0-2014-.RL_ 

Page2 

WHEREAS, in accordance with the Kickapoo Tribe of Oklahoma Constitution and By-Laws, 

Article XIII, the Annual Kickapoo Council meeting shall be held on the second 

Saturday in June of each year. 

NOW, THEREFORE BE IT RESOLVED, that the Business Committee of the Kickapoo Tribe 

of Oklahoma does hereby authorize and will present to the Kickapoo Council, at 

the Annual Kickapoo Council Meeting, to be held on June 14, 2014, for 

enactment and approval the Kickapoo Tribe of Oklahoma Gaming Ordinance of 

2014; and 

BE IT FURTHER RESOLVED, that the Chairman and Secretary of the Business Committee 

are authorized to sign any and all necessary documentation to implement the 

objective of this Resolution. 

CERTIFICATION 

We, Gilbert Salazar, Chairman, and Patricia Gonzales, Secretary, serving in our official duties, 

as members of the Kickapoo Tribe of Oklahoma Business Committee do herby certify that the 

above Resolution is a true and exact original as authorized by the Business Committee, at a 

meeting of the Business Committee held on May 28, 2014, with a quorum present, and the vote 

being four (4) in favor, none (0) opposed, and (1) abstaining. 

Gilbert Salaza , airman 

Business Committee 

Kickapoo Tribe of Oklahoma 

ecretary 

Business Com 1ttee 

Kickapoo Tribe of Oklahoma 
KICKAPOO TRIBE OF OKLAHOMA GAMING ORDINANCE OF 2014 

Section 100. ENACTMENT 

Be it enacted by the Council of the Kickapoo Tribe of Oklahoma, the "Kickapoo Tribe of 

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

Gaming Ordinance" and shall apply to all forms of gaming within the land and jurisdiction of 

the Kickapoo Tribe of Oklahoma. 

Section 101. CITATION 

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

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

the Kickapoo Tribe of Oklahoma. 

Section 102. PURPOSES 

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

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

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

provide a source of revenue for the operations of the programs and department of the Tribal 

government by ensuring that any gaming activity conducted whether Class I, II, or III is fair, 

responsible, and consistent with any and all other federal law including legislation 

established by Public Law 100-497, known as "The Indian Gaming Regulatory Act," and/or 

any Tribal-State Compact to which the tribe is a party. This Ordinance shall be liberally 

construed to promote these purposes. 

Section 103. DEFINITIONS 

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

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

following words are defined as: 

A. "Act" means the Indian Gaming Regulatory Act, Pub.L. 100-497, 25 U.S.C. § 2701 et 

seq. 

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

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

Committee. 

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

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

Tribal ceremonies or celebrations. 

1 
E. "Class II Gaming" means Class II gaming as defined in accordance with the Act, 25 

u.s.c. § 2703(7). 

F. "Class III Gaming" means Class III gaming as defined in accordance with the Act, 25 

u.s.c. § 2703(8). 

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

Gaming Commission established by this Ordinance. 

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

state which regulates Class III gaming. 

I. "Enterprise(s)" means the gaming operation(s) established or licensed by the Tribe to 

conduct gaming operations of the Tribe. 

J. "General Manager of Gaming Operations" means the General Manager of 

Gaming Operations as established in Section 114 of this Ordinance. 

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

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

Ordinance. 

L. "Gaming facilities" means any room or rooms, building or structures in which Class II 

gaming or Class III gaming is conducted within Kickapoo Tribe of Oklahoma 

jurisdiction. 

M. "Indian Lands" means: 

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

2. any lands title to which is either held in trust by the United States for the benefit of 

the Tribe or individual or held by the Tribe or individual subject to restriction by the 

United States against alienation and over which the Tribe exercises governmental 

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

3. for all lands acquired in trust for the benefit of the Tribe after October 17, 1988, the 

lands meet the requirement set forth in 25 U.S.C.§ 2719. 

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

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

0. The term "Net Revenues" means gross revenues of an Indian gaming activity less 

amounts paid out as, or paid for, prizes and total operating expenses, excluding 

management fees. 

P. "Ordinance" means this Kickapoo Tribe of Oklahoma Gaming Ordinance. 

2 
Q. "State" means any State wherein the Kickapoo Tribe of Oklahoma conducts Class II or 

Class III gaming. 

R. "Tribe" (and any of its derivations) means the Kickapoo Tribe of Oklahoma. 

S. "Members" shall mean the Director of Gaming, any Tribal Gaming Commission 

member, and/or any Casino employment position that includes oversight of the 

management of any Tribal Gaming license enterprise. 

Section 104. ADOPTION OF COMP ACT 

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

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

within and enacted as an integral part of this Ordinance with respect to all forms of Class III 

gaming; provided, however, that nothing in the adoption of the Compact herein shall be 

deemed to affect the operation of the Tribe of any Class II gaming, whether conducted within 

or without the gaming facilities, or to confer upon the State any jurisdiction over such Class 

II gaming conducted by the Tribe within its Indian Lands. 

Section 105. AUTHORIZATION FOR GAMING ACTIVITIES 

A. Forms of Class III gaming authorized. The Tribe may conduct or operate all forms of 

Class III gaming authorized under any Compact. 

B. Authority for Class II gaming. In addition to the forms of Class III gaming authorized 

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

within the Tribe's Indian Lands, including without limitation any form of bingo (whether 

or not electronic, computer, or other technologic aids are used in connection therewith), 

pull-tabs, lotto, punch boards, tip jars, instant bingo, and other games similar to bingo so 

long as played at the same location as bingo. 

Section 106. COMPLIANCE WITH THE ACT 

This Ordinance shall be construed in a manner which conforms to the Indian Gaming 

Regulatory Act in all respects, and, if inconsistent with the Indian Gaming Regulatory Act in 

any manner, the provisions of the Indian Gaming Regulatory Act shall govern. 

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

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

gaming activity on its Indian Lands. 

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

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

1. to fund Tribal government operations or programs; 

3 
2. to provide for the general welfare of the Tribe and its members; 

3. to promote Tribal economic development; 

4. to donate charitable organizations; 

5. to help fund operations oflocal Government Agencies, or 

6. any other purpose permitted under the Act. 

C. Annual Audit. In compliance with a U.S.C.§ 2710(b)(2)(c) and (d), all gaming activities 

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

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

Commission. All contracts for supplies, services, or concessions for a contract amount in 

excess of $25,000 annually (except contracts for professional legal or accounting 

services) relating to Class II or Class III gaming shall be subject to such audits. 

D. Public Safety Standards. In compliance with U.S.C. § 2710(b)(2)(E), the construction 

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

conducted in a manner which adequately protects the environment and the public health 

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

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

Section 107. ESTABLISHMENT OF TRIBAL GAMING COMMISSION 

A. Establishment of Commission. There shall be established a five (5) member Kickapoo 

Tribe of Oklahoma Gaming Commission, who shall be nominated by any member of the 

Business Committee and approved by the Business Committee, all Commission members 

shall be enrolled members of the Tribe, but none of whom shall be employees of the 

Enterprise. Each Commissioner shall serve for a term of three (3) years commencing on 

the date of their appointment; provided, that, as to the initial members so appointed, one 

(1) of the initial members appointed shall be designated to serve for an initial term of one 

(1) year, two (2) of the initial members appointed shall be designated to serve for an 

initial term of two (2) years and two (2) of the initial members appointed shall be 

designated to serve for an initial term of three (3) years. The members of the 

Commission shall appoint one (1) of their members to be the Chairman of the 

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

compensation of members of the Commission shall be established by the Business 

Committee. Members of the Commission may be removed by a majority vote of the 

members of the Business Committee. Vacancies in the Commission must be filled by 

appointment by the Business Committee. No m~mber or employee of the Commission 

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

B. Powers and duties of the Commission. The Commission shall have the following powers 

and duties: 

4 
1. The Commission shall have primary responsibility for oversight of Tribal gaming 

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

employ non-uniformed inspectors who may be present in all gaming facilities during 

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

and not under the supervision of any management employees of the Tribal gaming 

operations. Such inspectors shall have unfettered access to all areas of the gaming at 

all times, and personnel employed by the Enterprise shall for such purpose provide 

such inspectors access to locked and secure areas of the gaming facilities in 

accordance with the standards of operation and management promulgated pursuant to 

any Compact. Such inspectors shall report to the Commission regarding any failure 

by the Enterprise to comply with any of the provisions of any Compact or this 

Ordinance and any other applicable laws and Ordinances. Inspectors assigned by the 

Commission may also receive consumer complaints within the gaming facilities and 

shall assist in seeking voluntary resolution of such complaints. Inspectors appointed 

by the Commission shall be licensed as Commission employees in accordance with 

any Compact. In addition, the Commission shall establish a rule process for 

fingerprinting in regards to background checks that is consistent with and in 

compliance with such requirements as required by the National Indian Gaming 

Commission. 

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

of the Enterprise in order to protect the public interest in the integrity of such gaming 

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

activities, and shall investigate any report of a failure of the Enterprise to comply with 

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

take any corrective action deemed necessary by the Commission upon such terms and 

conditions as the Commission may determine appropriate. The Commission may 

compel any person employed by or doing business with the Enterprise to appear 

before it and to provide such information, documents or other materials as may be in 

their possession to assist in any such investigation. 

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

the Tribal Gaming Authority in any Compact. 

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

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

responsibilities of the Commission, the security department of the Enterprise, any 

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

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

each gaming facility and may confer with other organizations regarding the adequacy 

of such plans and systems. 

5 
6. The Commission shall promulgate, review and revise (as necessary) Standards of 

Operation and Management for Class III gaming activities in accordance with any 

Compact. 

7. The Commission may issue and revoke licenses for Class II gaming employees in 

accordance with this Ordinance. 

8. The Commission may issue and revoke licenses for Class III gaming employees in 

accordance with this Ordinance. 

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

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

organizations poses a threat to the integrity of the gaming activities of the Nation. 

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

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

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

such rules and of any change in such rules. 

11. The Commission shall enforce the health and safety standards applicable to the 

gaming facilities of the Enterprise in accordance with Section 106(D) of this 

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

shall obtain a certificate of compliance from the Commission relating to the Class III 

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

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

with such standards. 

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

Compact. 

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

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

enforce the provisions of this Ordinance, the Act or the Compact, occurring where 

Kickapoo Tribe of Oklahoma gaming is conducted. The bringing of any such action 

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

Commission or the Kickapoo Tribe of Oklahoma. 

14. The Commission may receive any complaint from an employee of the Enterprise or 

any member of the public who is, or claims to be, adversely affected by an act or 

omission of the Enterprise of any employee there of which is asserted to violate this 

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

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

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

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

useful in the resolution of the complaint. 

6 
15. The Commission shall adopt an annual operating budget which shall be subject to the 

approval of the Business Committee and may in accordance with said budget employ 

such staff from time to time as it deems necessary to fulfill its responsibilities under 

this Ordinance, and may retain legal counsel, consultants and other professional 

services including investigative services to assist the Commission with respect to any 

of the issues over which the Commission exercises jurisdiction. The expenses of the 

Commission in accordance with such budget shall be assessed against the Enterprise 

and the Enterprise shall pay such assessments to the Kickapoo Tribe of Oklahoma. 

16. The Commission may employ inspectors to conduct background investigations on 

key employees and primary management officials. Any inspector employed to assist 

in the background investigations may be assigned to work under and report to the 

Executive Director. Inspectors employed to conduct background investigations shall 

not be licensed as a gaming employee. 

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

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

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

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

to any employee or contractor of the Enterprise or to any other person within the 

jurisdiction of the Tribe, to take any action or cease and desist from any action as may be 

required to protect to the public interest; provided, that such order shall be subject to 

review by the Commission at its earliest opportunity, whereupon it may be confirmed or 

vacated by the Commission. 

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

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

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

may from time to time employ. The Executive Director shall be responsible for 

coordination of the functions of the Commission with the National Indian Gaming 

Commission, any state gaming agency and other state and local agencies as necessary. 

The Chairman may request the Executive Director to conduct a preliminary investigation 

and render a recommendation to the Commission with respect to background checks of 

key employees and primary management officials and the grant or denial of any license, 

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

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

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

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

powers of the Commission, which the Commission may exercise under this Ordinance. 

E. Procedures of the Commission. 

1. Regular meetings of the Commission may be held upon such notice, or without such 

notice, and at such time and place as shall from time to time be fixed by the 

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

regular meetings shall be necessary. 

7 
2. Special meetings of the Commission may be called by the Chairman or the Executive 

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

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

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

meeting. 

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

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

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

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

the Chairman designates another member to preside in his absence. 

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

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

action taken or to be taken, at any time before or after the intended effective date of 

such action. Such consents shall be filed with the minutes of the Commission, and 

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

legal meeting thereof. 

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

means of conference telephone or similar communication equipment by means of 

which all persons participating in the meeting can hear each other, and participation 

in a meeting in such matter by any member does not object at the beginning of such 

meeting to the holding thereof in such manner, shall constitute presence in person at 

such meeting. 

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

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

be valid unless the person affected is given at least seven (7) days notice of the 

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

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

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

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

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

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

the affected person as soon as is reasonably practicable following such action. Any 

person who is denied an initial gaming employee license or who is barred from the 

gaming facilities by action of the Commission may request a hearing before the 

Commission by written request submitted within thirty (30) days following receipt of 

notice of the action of the Commission, and the Commission shall thereupon afford 

and opportunity to appear and be heard before the Commission, either in person or 

through a representative or legal counsel, and to submit such evidence as the 

Commission shall either affirm or reconsider its decision. Any hearing conducted 

under this subsection may, at the discretion of the Commission, be conducted by the 

Executive Director or by one (1) or more of the Commission designated by the 

Commission for that purpose. 

8 
7. The Commission may adopt such additional procedures and rules as it deems 

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

Ordinance. 

Section 108. GAMING OPERATIONS 

A. The Kickapoo Tribe of Oklahoma through the Business Committee shall have sole 

proprietary interest in and be responsible for the conduct of all gaming operations. All 

gaming operations shall be administered by the General Manager of Gaming Operations 

who is employed by and serves at the pleasure of the Business Committee. 

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

C. The Business Committee may recommend that the Kickapoo Council amend this 

Ordinance as necessary and shall submit any such amendments to the NIGC for approval. 

The Commission monitors compliance with this Ordinance, any Tribal-State Compacts, 

and all applicable federal or tribal laws. 

Section 109. LICENSE FOR LOCATION 

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

Lands where Class II and/or Class III gamins is conducted under this Ordinance. Such 

license requirements shall be in compliance and in accordance with 25 CFR 559. 

Section 110. QUALIFICATIONS 

The General Manager of Gaming Operations, the Commission's Executive Director and 

"Key" employees must: 

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

moral turpitude; 

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

the date of employment; 

C. Not be a member of the Business Committee of Grievance Committee or not directly 

related to any member of the Business Committee or Grievance Committee by blood or 

marriage; 

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

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

from Tribal office; 

E. Be bondable in the necessary amounts; and 

9 
F. Meet any other applicable qualifications as prescribed in the Indian Gaming Regulatory 

Act. 

Section 111. ETHICS 

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

daily and has determined that all entities and/or individuals charged with making these 

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

positions, the Director of Gaming, the Commission and/or any position involving the 

oversight of the management of the gaming Enterprise, shall agree to be bound by the 

following principles: 

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

performance of their duties as managers and regulators. 

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

the improper use of such information by others on their behalf to further any private 

interest. 

C. Members shall not solicit or accept any gift or other item of monetary value, including 

complimentary items (See Section 112 below), from any person or entity seeking official 

action or inaction, from doing business with, or conducting activities regulated by the 

member's organization, or whose interests may be substantially affected by the 

performance or nonperformance of the Members' duties. 

D. Members shall make no unauthorized commitments or promises of any kind purporting to 

bind the Tribe. 

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

F. Members shall act impartially, in accordance with all relevant Tribal, Federal, and State 

laws (where applicable), and shall not give preferential treatment to any private 

organization or individual, including to any persons related to Members. 

G. Members shall ensure that tribal property and gaming assets shall be properly segregated 

and safeguarded, and that such property and assets shall not be used for unauthorized 

activities. 

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

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

responsibilities. 

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

10 
J. Members shall endeavor to avoid and actions creating the appearance that they are 

violating the law or the ethical standards listed herein. 

K. Members shall disclose any real or apparent financial or personal conflicts. If there is a 

real conflict or the appearance of one, the member shall not take part in any decision 

related to the conflict. 

Section 112. COMPLIMENTARY ITEMS 

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

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

Control Standards, found at 25 C.F.R.§ 542.17. 

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

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

residence with the persons, shall be authorized to receive complimentary items. 

C. Complimentary items shall be included in the annual budget for the gaming operation, 

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

Committee. 

Section 113. CONDUCT OF GAMING OPERATIONS 

A. Minimum Internal Control Standards. 

The Tribe acknowledges its obligation to adopt and implement Minimum Internal 

Control Standards (MICS) for the operation of its Tribal gaming operation, no less 

stringent than those found in the regulation of the NIGC at 25 C.F.R. Part 542. 

B. Tribal Internal Control Standards. 

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

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

Commission shall enforce the TICS. 

C. The Gaming Commission shall regulate the gammg operation consistent with the 

following: 

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

Commission, including setting of wager limits. 

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

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

outlined before each game. 

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

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

directly or indirectly in the play of that game. 

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

any reason. 

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

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

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

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

Tribe of Oklahoma Liquor Commission has issued an Alcoholic Beverage License for 

on-premises consumption. 

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

or of this Ordinance shall be permitted to engage in any form of gaming nor to remain 

in the building when gaming is being conducted. 

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

the environment. 

Section 114. GENERAL MANAGER OF GAMING OPERATIONS 

A. The operations and conduct of the Tribal Gaming operations shall be performed by the 

General Manager of Gaming Operations. The General Manager of Gaming Operations 

shall provide management oversight and perform day to day operational management of 

Kickapoo Tribe of Oklahoma Gaming Operations. The General Manager of Gaming 

Operations may appoint Assistant Managers to assist with such management and 

operations as is appropriate for efficiency and to assist the office of General Manager of 

Gaming Operations. The General Manager of Gaming Operations shall oversee all nonregulatory aspects of the gaming operations and gaming related enterprises. Regulation 

of the gaming operations shall be the sole responsibility of the Kickapoo Tribe of 

Oklahoma Gaming Commission. 

B. The duties of the General Manager of Gaming Operations are to: 

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

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

facility; 

3. Set hours of operation for the gammg facility with the approval of the Gaming 

Commission; 

4. Develop marketing plans; 

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

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

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

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

Committee approval; and 

9. Other duties relative to gaming operations and/or development that may be assigned 

by the Business Committee. 

Section 115. EMPLOYEES 

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

prescribed by the Indian Gaming Regulatory Act or any Tribal-State Compact for Class 

III gaming. 

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

operation of a gaming facility. 

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

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

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

methods and activities in the conduct of gaming. 

D. As necessary, the Business Committee may require the Commission, the Executive 

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

payable to the Tribe. 

E. Background investigations will be conducted on the primary management officials and 

key employees as prescribed in the Indian Gaming Regulatory Act, Federal Regulations, 

or any Tribal-State Compact for Class III gaming and the results forwarded to the NIGC 

prior to the issuance of licenses. 

F. Licenses will be issued according to requirements at least as stringent as set forth in 25 

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

G. When licenses are issued, the Commission will within thirty (30) days notify the NIGC as 

described in the Indian Gaming Regulatory Act, Federal Regulations, or any Tribal-State 

Compact for Class III gaming. 

H. The General Manager of Gaming Operations shall employ qualified tribal members in 

preference to other equally-qualified applicants for work, but shall not be required to 

employ or retain in employment unqualified tribal members. 

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Section 116. EMPLOYEES LICENSED 

The Commission shall ensure that the policies and procedures set out in this section are 

implemented with respect to key employees and primary management officials employed at 

any Class II or Class III gaming Enterprise operated on Indian Lands: 

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

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

at a minimum include: 

(a) A person who performs one or more of the following functions: 

(1) Bingo caller; 

(2) Counting room supervisor; 

(3) Chief of Security; 

(4) Custodian of gaming supplies or cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approve of credit; or 

(10) Custodian of gambling devices including persons with access to cash and 

accounting within such devices. 

(b) If not otherwise included, any other person whose total cash compensation is in 

excess of $50,000 per year; or 

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

gaming operation; or 

( d) Any other employee or class of employees as designated by the Gaming 

Commission to be "key" employee or employees. 

· 2. Primary management official means: 

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(a) The General Manager of Gaming Operations and Assistant General Managers of 

Gaming Operations; 

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

policy for the gaming operation; 

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

responsibility; or 

( d) Any other person designated by the Gaming Commission as a primary 

management official. 

B. Application Forms. 

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

primary management official before that form is filled out by an applicant: 

"In compliance with the Privacy Act of 1974, the following information is provided: 

Solicitation of the information on this form is authorized by 25 U.S.C. 2701 et seq. 

The purpose of the requested information is to determine the eligibility of individuals 

to be granted a gaming license. The information will be used by the Tribal gaming 

regulatory authorities and by the National Indian Gaming Commission (NIGC) 

members and staff who have need for the information in the performance of their 

official duties. The information may be disclosed by the Tribe or the NIGC to 

appropriate Federal, Tribal, State, local or foreign law enforcement and regulatory 

agencies when relevant to civil, criminal or regulatory investigations or prosecutions 

or when pursuant to a requirement by a tribe or the NIGC in connection with the 

issuance, denial, or revocation of a gaming license, or investigations of activities 

while associated with a tribe .or a gaming operation. Failure to consent to the 

disclosures indicated in this notice will result in a tribe's being unable to license you 

for a primary management official or key employee position." 

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

to supply a SSN may result in errors in processing your application. 

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

that they shall either: 

(a) Complete a new application form that contains a Privacy Act notice; or 

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

uses described in that notice. 

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

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

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A false statement on any part of your license application may be grounds for denying 

a license or the suspension or revocation of a license. Also, you may be punished by 

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

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

management officials that they shall either: 

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

statements; or 

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

C. Background Investigations. 

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

key employee all of the following information: 

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

date, place of birth, citizenship, gender, all languages (spoken or written); 

(b) Currently and for the previous five years (5): business and employment positions 

held, ownership interests in those businesses, business and residence addresses, 

and driver's license numbers; 

(c) The names and current addresses of at least three (3) personal references, 

including one personal reference who was acquainted with the applicant during 

each period of residence listed under Paragraph C. l .(b) of this section; 

( d) Current business and residence telephone numbers; 

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

tribes, including ownership interests in those businesses; 

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

industry generally, including ownership interests in those businesses; 

(g) The name and address of any licensing or regulatory agency with which the 

person has filed an application for a license or permit related to gaming, whether 

or not such license or permit was granted; 

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

charge, the name and address of the court involved, and the date and disposition, 

if any; 

(i) For each misdemeanor conviction or ongoing misdemeanor prosecution 

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

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

disposition; 

G) For each criminal charge (excluding minor traffic charges), whether or not there is 

a conviction, if such criminal charge is within ten (10) years of the date of the 

application and is not otherwise listed pursuant to Paragraph C.1.(h) or C. l .(i) of 

this section, the criminal charge, the name and address of the court involved and 

the date and disposition; 

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

person has filed an application for an occupational license or permit, whether or 

not such license or permit was granted; 

(1) A current photograph; 

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

time by the Commission; 

(n) Any other information the Tribe deems relevant; 

( o) Fingerprints consistent with procedures adopted by the Commission according to 

25 C.F.R.§ 522.2(h), which shall require that the Tribal law enforcement agency 

take fingerprints and submit them to the Federal Bureau of Investigation for a 

criminal check against FBI records. In the event that Tribal law enforcement is 

temporarily unable to take the applicant's fingerprints, then the Commission may 

cause the fingerprints to be taken by another city, county, state or federal law 

enforcement agency; and 

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

under Subsection (D) below. In conducting a background investigation, the 

Commission or any agent acting on behalf of the Commission shall promise to 

keep confidential the identity of each person interviewed n the course of the 

investigation. 

D. Eligibility Determination. 

The Commission shall review a person's prior activities, criminal record, if any, and 

reputation, habits and associations to make a finding concerning the eligibility of a key 

employee or primary management official for employment in a gaming operation. In 

conducting the criminal background check, the Commission or any agent acting on behalf 

of the Commission shall, at a minimum, conduct a search of records maintained in the 

State of Oklahoma for the previous ten (10) years, search criminal records maintained by 

Courts of the County wherein the applicant resides and cause a criminal check to be 

conducted with the records maintained by the Federal Bureau of Investigation. The 

information compiled in the investigation shall be submitted with a recommendation on 

the proposed action to the Commission for its review. If the Commission determines that· 

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

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

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

or a tribal gaming operation shall not employ that person in a key employee or primary 

management official position. All information obtained by the Gaming Commission 

shall be in compliance with 25 CFR 556.5 and address background information as 

required by 25 CFR 556.4 (a)(l) through (14). 

E. Report to the National Indian Gaming Commission. 

1. When the Tribe employs a primary management official or key employee, the Tribe 

shall maintain a complete application file containing the information listed under 25 

CFR 556.4 (a)(l) through (14). 

2. Before issuing a licensing to a primary management official or to a key employee, the 

Tribe shall: 

(a) Create and maintain an investigative report on each background investigation. An 

investigative report shall include all of the following: 

(1) Steps taken in conducting a background investigation; 

(2) Results obtained; 

(3) Conclusions reached; and 

(4) The basis for those conclusions. 

3. Submit a notice ofresults (NOR) to the National Indian Gaming Commission no later 

than sixty (60) days after the applicant begins work. The notice of results (NOR) 

shall contain: 

(a) Applicant's name, date of birth, and social security number; 

(b) Date on which applicant began or will begin work as key employee or primary 

management official; 

( c) A summary of the information presented in the investigative report, which shall at 

a minimum include a listing of: 

(1) Licenses that have been previously been denied; 

(2) Gaming licenses that have been revoked, even if subsequently reinstated; 

(3) Every known criminal charge brought against the applicant within the last 

ten (10) years of the date of the application; and 

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( 4) Every felony of which applicant has been convicted or any ongomg 

prosecution. 

(d) A copy of the eligibility determination made pursuant to 25 CFR 556.5. 

( e) The gaming operation shall not employ as a key employee or primary management 

official person who does not have a license after ninety (90) days. 

The Tribe will create and maintain an investigative report on each background 

investigation. Such investigation and notice of results (NOR) to the NIGC will 

address all informational requirements as set forth in 25 CFR 556.6. 

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

determination made under Subsection (D) of this section unless the NIGC shall have 

advised the Tribe that the submission of the eligibility determination is not necessary. 

This determination shall include a statement describing how the information 

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

into the applicants prior activities, criminal record, if any, and reputation, habits and 

associations; a statement showing the results of interviews of a sufficient number of 

knowledgeable people (such as former employers, personal references, and others 

referred to by the applicant) in order to provide a basis for the Tribe to make a finding 

concerning the eligibility for employment in a gaming operation; and a statement 

documenting the disposition of all potential problem areas noted and disqualifying 

information obtained. 

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

(a) Shall notify the National Indian Gaming Commission; 

(b) Shall forward copies of its eligibility determination and notice of results (NOR) 

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

inclusion in the Indian Gaming Individuals Records System. 

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

shall retain applications for employment, retain eligibility determination results, and 

reports (if any) of background investigations for inspection by the Chairman of the 

National Indian Gaming Commission or his or her designee for no less than three (3) 

years from the date of termination of employment. 

F. Granting a Gaming License. 

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

receives a Notice of Results (NOR), the National Indian Gaming Commission notifies 

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

license application filed by a key employee or a primary management official for 

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whom the Tribal Gaming Commission has provided an application and investigative 

report to the National Indian Gaming Commission, the Tribal Gaming Commission 

may issue a license to such applicant. The Tribal Gaming Commission shall provide 

a Notice of Results Report to the National Indian Gaming Commission. 

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

Chairman of the National Indian Gaming Commission concerning a key employee or 

a primary management official who is the subject of a report. Such a request shall 

suspend the thirty (30) day period under Paragraph (F)(l) of this section until the 

Chairman of the National Indian Gaming Commission receives the additional 

information. 

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

Commission provides the Commission with a statement itemizing objections to the 

issuance of a license to a key employee or to a primary management official for 

whom the Commission has provided an application and investigative report to the 

National Indian Gaming Commission, the Commission shall reconsider the 

application, taking into account the objections itemized by the National Indian 

Gaming Commission. The Commission shall make the final decision whether to 

issue a license to such applicant. If the Commission has issued the license before 

receiving the NIGC's statement of objections, the license shall be immediately 

suspended by the Commission, and the licensee shall receive notice of a license 

revocation hearing date and place of hearing in accordance with 25 CFR 558.4. 

4. After thirty (30) days, and the in the event, that the National Indian Gaming 

Commission had no comment or no written objections to the issuance of the license, 

the Commission shall notify in writing the National Indian Gaming Commission of 

the license issuance. 

G. License Suspension. 

1. If, after the issuance of a gaming license, the Commission receives from the National 

Indian Gaming Commission reliable information indicating that a key employee or a 

primary management official is not eligible for employment under Subsection (D) 

above, the Commission shall immediately suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

2. The Commission shall notify the licensee of a time and a place for a hearing on the 

proposed revocation of a license. 

3. After a revocation hearing, the Commission shall decide to revoke or to reinstate a 

gaming license. The Commission shall notify in writing the National Indian Gaming 

Commission of its decision within forty-five ( 45) days of receiving notification from 

the National Indian Gaming Commission that the key employee or primary 

management is not eligible for employment. 

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Section 117. VENDOR LICENSING 

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

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

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

legal and accounting services are excluded from this section. Provided, further, that 

financing provided by a federally regulated or state-regulated bank, savings and loan, or trust, 

or other federally or state-regulated lending institution; any agency of the federal, state, tribal 

or local government; or any person or entity, including, but not limited to, an institutional 

investor who, alone or in conjunction with others, lends money through publicly or 

commercially traded bonds or other commercially traded instruments, including but not 

limited to the holders of such bonds or instruments or their assignees or transferees, or which 

bonds or commercially traded instruments are underwritten by any entity whose shares are 

publicly traded or which underwriter, shall be exempt from licensing requirements of this 

section. 

Section 118. GAMING ACCOUNTS AUTHORIZED 

Each gaming operation shall maintain an operating bank account. The account shall be 

maintained in a financial institution designated by the Business Committee. All deposits 

made from each gaming operation will be deposited into their respective operating accounts. 

Net revenues are to be transferred to a Tribal capital operating account that is under the 

control and direction of the Business Committee. 

Section 119. SUPPLIES AND EQUIPMENT 

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

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

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

the Business Committee, which shall be obtained by the General Manager of Gaming 

Operations by submitting the proper requisition. All purchases of equipment, materials, 

concessions and food or any other item paid from the Gaming Account shall be the property 

of the Tribe. 

Section 120. LOCATION AND SCHEDULE OF GAMING 

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

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

approved by the Business Committee. The location and time for conducting Class III 

Gaming shall be consistent with any Tribal-State Compact. 

Section 121. DISCRIMINATION 

Notwithstanding any other provision of this section, the General Manager of Gaming 

Operations, Business Committee and/or Gaming Commission may bar any person from 

admittance to any Tribal gaming facility for any or no reason whatsoever. However, no 

21 
person shall be discriminated against because of his/her race, color, creed, sex or natural 

origin. , 

Section 122. PATRON DISPUTE RESOLUTION 

A. Making a Claim. 

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

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

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

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

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

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

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

presented within one ( 1) year after the loss occurs. A claim against the gaming 

Enterprise shall be in writing and filed with the Tribal Gaming Commission at the 

address of the gaming facility. Notices explaining this procedure shall be posted in the 

gaming facility. Such notices shall explain that this procedure is the exclusive method of 

making a tort claim or registering a patron dispute about payment of a bet or a 

distribution of winnings, such notice shall explain that upon denial of a claim redress 

must be sought exclusively in Tribal Court. 

B. Notice. 

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

circumstances of the claim, the identity of the tribal or gaming employees, if known, the 

amount of compensation or other relief demanded, the name, address and telephone 

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

authorized to settle the claim. 

C. Denial. 

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

entirety within ninety (90) days of receipt, unless the interested parties have reached a 

settlement before the expiration of that period. A person may not initiate suit against the 

gaming Enterprise unless the claim has been denied in whole or in part. The claimant 

and the gaming Enterprise may continue attempts to settle a claim: however, settlement 

negotiations do not extend the date of denial. 

D. Limitations. 

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

dispute shall be maintained unless valid notice has been given and the action is 

commenced in a tribal court within one-hundred-eighty (180) days after denial of the 

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

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

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Section 123. REPORT OF WINNERS 

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

General 'Manager of Gaming Operations, Gaming Commission or any of their employees or 

agents and/or employees of the gaming Enterprise. A receipt acknowledging acceptance and 

receipt of the prize awarded must be signed by any winner regardless of the amount. The 

General Manager of Gaming Operations and/or Gaming Commission has the authority to 

hold the payment of any winnings indefinitely until the final verification of authentic 

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

approval of the Business Committee. The General Manager of Gaming Operations or his or 

her designee shall make accurate and timely reports to the Internal Revenue Service of any 

winners at any gaming facility whose prize winnings exceed the minimum limits set by the 

Internal Revenue Service. In which case, acceptable proof of winners: name, address, and 

social security number must be presented to the General Manager of Gaming Operations or 

his/her designee in order to be paid prizes. 

Section 124. CRIMINAL PENALTIES 

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

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

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

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

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

and imprisonment. 

Section 125. SERVICE OF PROCESS 

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

notices to: · 

General Manager of Gaming Operations 

Kickapoo Tribe of Oklahoma 

P.O. Box 406 

McLoud, OK 74851 

Cc: Chairman, Business Committee 

Kickapoo Tribe of Oklahoma 

P.O. Box 70 

McLoud, OK 74851 

Chairperson, Kickapoo Tribe of Oklahoma Gaming Commission 

25230 East Highway 62 

Harrah, Ok 73045 

Section 126. REPEALER 

23 
Any prior gaming Ordinances and all other Ordinances inconsistent herewith are hereby 

repealed. 

Section 127. EFFECTIVE DATE 

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

Gaming Commission. 

24