XIII.

XIV.

XV.

License Suspension and Appeals

A.

If, after the issuance of a gaming license, the Commission receives notice from
the NIGC of reliable information indicating that a PMO or key employee is not
eligible for employment under 25 C.F.R. §556.5, the Commission shall
immediately suspend the license and shall provide the licensee with written notice
of suspension and proposed revocation.

The notice shall include the time and place for a hearing on the proposed
revocation of a license.

After the revocation hearing, the Commission shall decide to revoke or to
reinstate a gaming license. The Commission shall notify the gaming operation,
the licensee, and the NIGC of its decision within 45 days of receiving notification
from the NIGC pursuant to paragraph A of this section.

Notices to the NIGC. All notices under this part shall be provided to the NIGC
through the appropriate Regional office. Should the Commission wish to submit
notices electronically, it should contact the appropriate Regional office for
guidance on acceptable document formats and means of transmission.

Service of Process.

A.

The Tribe designates the Chair of the Commission as its agent for service of
process of any official determination, order, or notice of violation. In the absence
of the Commission Chair, the Commission Chair may delegate or assign a full-
time employee to serve as the agent for service of process.

Management Contract Execution

A.

A gaming management contract may only be executed if it provides for:
1. Verifiable financial reports to the Council on a monthly basis;

2. Access to the operations of the gaming facility by tribal officials for
verifying Strict accounting procedures and verifiable financial reports that
are prepared for daily gross revenues and income;

3. A term not to exceed seven years;

4, Management fees not to exceed 30% of net revenue;

56 Grounds for and manner of terminating the Contract;

6. Hiring preference for qualified members of the Tribe in the gaming
operation;

Page 12 of 15


(10)

ay
(12)

(13)

A parcel of land being part of lots 20, 21, and 22, together with part of the
abandoned railroad right-of-way located north of the existing Illinois Central Spur
track in said Lots 21 and 22, all in the auditor’s subdivision of Section 21,
Township 75, Range 44, west of the 5" P.M., Pottawattamie County, Iowa, said
parcel described as follows:

Beginning at the northwest corner of said Lot 20: thence along the northerly line
of said lot 20, north 88°28’27’’ east, 69.05 feet, thence south 00°18’05’’ east,
228.93 feet, thence north 89°36’57” east, 224.92 feet, thence north 00°30’42”
west, 230.45 feet to a point on the northerly line of said lot 22; thence along said
northerly line and along said northerly extended easterly, north 89°11°28”’ east,
221.3 feet to a point on the easterly line of said abandoned railroad right of way;
thence along said easterly line and said easterly line extended southerly, south
00°48°32”’ east, 579.95 feet to a point on the northerly right-of-way line of the
Illinois Central Railroad; thence along said northerly right-of-way line the
following six (6) courses:

(1) South 89°09” 18” West, 220.09 Feet;

(2) North 64°27’01”’ East, 12.10 Feet;

(3) North 61931711”? West, 126.58 Feet;

(4) North 46°53’25”’ West, 102.08 Feet;

(5) North 38°46°37"’ West, 146.92 Feet;

(6) — North 50°47°51”? West, 38.80 Feet to a point on the westerly line of said
Lot 20; thence along said westerly line, north 01°03°32’’ West, 301.52
Feet to the point of beginning.

“Primary Management Official” or “PMO” means:
(A) _ The person having management responsibility for a management contract;
(B) Any person who has authority:

1. To hire and fire employees; or

2. To set up working policy for the gaming operation;

(C) _ The chief financial officer or other person who has financial management
responsibility;

(D) Any other person designated by the Tribe or Commission as a primary
management official.

“Secretary” means the Secretary of the Interior.

“Tribal Council” or “Council” means the governing body of the Ponca Tribe of
Nebraska.

“Tribe” or “Ponca Tribe” means the Ponca Tribe of Nebraska.

Page 3 of 15


X.

Gaming Licenses for Key Employees and PMOs

A.

Required Notices. The Commission shall develop license application forms for
Key Employees and PMOs that shall include the following notices:

“In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25 U.S.C.
§§ 2701 et seq. The purpose of the requested information is to determine the
eligibility of individuals to be granted a gaming license. The information will be
used by the Tribal gaming regulatory authorities and by the National Indian
Gaming Commission members and staff who have need for the information in the
performance of their official duties. The information may be disclosed by the
Tribe or the NIGC to appropriate Federal, Tribal, State, local, or foreign law
enforcement and regulatory agencies when relevant to civil, criminal or regulatory
investigations or prosecutions or when pursuant to a requirement by a tribe or the
NIGC in connection with the issuance, denial, or revocation of a gaming license,
or investigations of activities while associated with a tribe or a gaming operation.
Failure to consent to the disclosures indicated in this notice will result in a tribe
being unable to license you for a primary management official or key employee
position.

“The disclosure of your Social Security Number (SSN) is voluntary. However,
failure to supply a SSN may result in errors in processing your application.”

“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)

License Application Forms. The license application forms for Commission
members, Key Employees and PMOs shall request all of the following
information:

1. Full name, other names used (nicknames, oral, or written), SSN(s), birth
date, place of birth, citizenship(s), gender, and all languages spoken and/or
written;

2. Currently and for the previous 5 years: business and employment positions

held, ownership interests in those businesses, business and residence
addresses, and driver’s license numbers;

3. Names and current addresses of at least three (3) personal references,
which are not related, including one (1) personal reference who was
acquainted with the applicant during each period of residence listed under
paragraph (B)(2);

4. Current business, residential, and cellular telephone numbers and email
addresses;

Page 8 of 15


management responsibility for, any gaming activity governed by this Ordinance,
including a Management Contract.

Director. The Commission may hire a Director to be responsible for day-to-day
monitoring of gaming activities. The Director must have at least two years of
gaming regulatory experience and have qualifications at least as strict as the
Commissioners. In all decisions and actions, the Director shall act to ensure the
honesty, integrity, fairness, and security of the Commission and gaming activity.

Terms. Commissioners shall serve four-year terms expiring on December 1,
except that, at the discretion of the Council, Commissioners may continue to serve
until replaced. The terms of the Commissioners shall be staggered to assure
continuity.

Powers. The Tribal Council delegates the following powers to the Commission,
not to be removed except by amendment of this Ordinance:

1. To implement this Ordinance and secure and protect the honesty, integrity,
fairness, and security of the Commission and gaming activity.

2. To adopt and submit to the Tribal Council an annual operating budget.
3. To adopt rules and regulations consistent with its delegated powers.
4. To develop licensing procedures for all employees and vendors of the

gaming operation.

5. To issue, suspend, revoke, and renew all licenses and/or permits of all
employees and vendors upon completion of background investigations and
after following applicable Commission procedures.

6. Conduct background investigations on all PMOs and key employees
according to requirements that are at least as stringent as those in 25 CFR
Parts 556 and 558.

7. To forward, where applicable, completed applications, investigative
reports, and other documentation to the NIGC.

8. To review all applicants’ prior activities, criminal record, if any, and
reputation, habits and associations to make a finding concerning their
eligibility to be granted a gaming license.

95 To ensure that gaming facilities of the Tribe are constructed, maintained
and operated in a manner that adequately protects the environment and the
public health and safety.

10. To obtain annual independent outside audits and submit these to the
NIGC.

Page 5 of 15


V. Use of Gaming Revenue

A.

Use of Net Revenues. Net revenues from tribal gaming shall be used only for the

following purposes: to fund tribal government operations and programs, provide for the general
welfare of the Tribe and its members, promote tribal economic development, donate to charitable
organizations, or help fund operations of local government agencies.

B.

Per Capita Payments. If the Tribe elects to make per capita payments to tribal

members, it shall authorize such payments only upon approval of a plan submitted to the
Secretary of the Interior under 25 U.S.C. 2710(b)(3).

VI. Audit

A.

The Tribe shall cause to be conducted annually an independent audit of any
gaming operation and shall submit the results of those audits to the National
Indian Gaming Commission.

All gaming related contracts that result in the purchase of supplies, services, or
concessions in excess of $25,000 annually, except contracts for professional, legal
or accounting services, shall be specifically included within the scope of the audit
described in subsection A. above.

VII. Operation of Gaming Facilities

A.

Protection of the Environment and Public Health and Safety. Gaming facilities
shall be constructed, maintained and operated in a manner that adequately protects
the environment and the public health and safety.

Facility License. The Commission shall issue a separate license to each place,
facility, or location where Class II or Class III gaming is conducted under this
Ordinance.

Dispute Resolution. In the event a dispute arises between a patron and the
gaming operation, such dispute shall be resolved in accordance with the
Commission’s Patron Disputes regulations.

VIII. Gaming Commission

A.

In order to regulate gaming on Ponca Indian Lands, the Ponca Gaming
Commission is hereby established. The Commission is vested with all necessary
powers to enforce this Ordinance.

Members, Qualifications. The Commission initially shall have up to five members
appointed by the Council. Commissioners must be at least 25 years of age and
must not be a gaming-related employee, contractor of the Tribe or a member of
the Tribal Council. Any appointment will be temporary, pending completion of a
background investigation. No Commissioner may have committed a gambling or
bribery offense, have a felony conviction, or have any financial interest in, or

Page 4 of 15


1. Vacancy. A Commissioner’s seat shall be immediately vacant upon
conviction of any gambling offense or of bribery, or of any felony, or
upon the third consecutive unexcused absence from Commission
meetings. The Commission shall advise the Council of recommended
replacements as soon as possible and the Council shall appoint a
replacement to complete the term of the vacancy within 30 days.

2. Removal. Commissioners may only be removed for cause, including
excessive use of intoxicants, use of position for personal gain, failure to
perform Commission duties, violation of this Ordinance or other law of
the Tribe, and bringing discredit or disgrace to the Commission or the
Tribe. Removal may be done by vote of the other Commissioners or, in
the event of their failure to remove, by a 2/3 majority vote of the Tribal
Council at a meeting duly called to consider said removal. The Director
shall give written notice of the alleged cause for removal and date for the
removal meeting to the accused Commissioner at least 21 days before said
meeting.

3. Suspension. The Commission shall suspend any Commissioner who is
charged with any felony or any gambling or bribery offense until charges
are dismissed or the Commissioner is acquitted or convicted.

IX. Gaming Licenses, General

A.

Gaming License Required. The Gaming Commission shall be responsible for
ensuring that all persons engaged in any gaming activity on Ponca Indian Land
satisfy the requirements of this Ordinance. No person shall engage in any gaming
activity on Indian Land without the appropriate license issued by the Commission.
No license shall be issued that would place the Tribe in violation of its Tribal-
State Compact or any other applicable law.

Commission Authority and Responsibilities. The Commission shall have the
power to issue, suspend, renew, and revoke licenses, to establish procedures for
due process in licensing hearings, and shall sit in consideration of appeal
involving disciplinary, suspension and/or revocation proceedings. The
Commission shall direct the development of policies and procedures for the
administration of license processes, including application and revocation
procedures, and shall have the final determination regarding the suitability of
potential licensees.

Burden on Applicant; License is a Privilege. The burden of proving an
applicant’s qualification to receive a gaming license under this Ordinance shall at
all times be on the applicant. Possession of a gaming license is a privilege and
not a right and therefore subject to suspension or revocation at any time.

Page 7 of 15


November 16, 2018

By First Class Mail and Email

Larry Wright, Jr., Chairman
2523 Woodbine Street

P.O. Box 288

Niobrara, NE 68760

Re: Ponca Tribe of Nebraska Ordinance Amendment, Tribal Council Resolution 18-62

Dear Chairman Wright:

This letter responds to your September 12, 2018 request for the National Indian Gaming
Commission Chairman to review and approve the Tribe’s amendments to its gaming ordinance.

The amendments were adopted by Tribal Council Resolution No. 18-62 on September 10,
2018, and reflect comprehensive review and revisions. The most notable changes include
amendments to conform to changes in NIGC regulations and the authorization of per capita
payments from gaming revenue in accordance with a Revenue Allocation Plan approved by the

Secretary of the Interior.

Thank you for bringing these amendments to our attention and for providing us with a
copy. These amendments are approved as they are consistent with the requirements of the Indian
Gaming Regulatory Act and the NIGC’s regulations. We note that the ordinance authorizes Class
III gaming. Please be advised that Class III gaming may only be conducted with a Tribal-State
compact approved by the Secretary of the Interior, as required by 25 U.S.C. 2710(d)(1)(©), or, if
the Secretary creates procedures pursuant to 25 U.S.C. 2710(d)(7)(B)(vii) to govern Class III.

I wish you the best of luck with your new gaming venture. If you have any questions or
require anything further, please contact our Legal Fellow Melissa Thevenot at 202-632-0294.

Sincerely,

nodev Chaudhuri
IGC Chairman

NEW MAILING ADDRESS: NIGC/DEPARTMENT OF THE INTERIOR 1849 C Street NW, Mail Stop # 1621 Washington, DC 20240 Tel: 202.632.7003 Fax: 202.632.7066

REGIONAL OFFICES Portland, OR; Sacramento, CA; Phoenix, AZ; St. Poul, MN; Tulsa OK; Oklahoma City, OK
WWW.NIGC.GOV


so doing, the Commission shall retain qualified personnel to conduct the
background investigation and compile all relevant information, including a
recommendation as to whether the license should be granted. To make a finding
concerning the eligibility of a key employee or PMO for the granting of a gaming
license, the Commission shall review the applicant’s prior activities, criminal
record, if any, reputation, habits and associations. If the Commission determines
that issuance of a license poses a threat to the public interest or to the effective
regulation of gaming, or creates or enhances the dangers of unsuitable, unfair or
illegal practices, methods, or activities in the conduct of gaming, the Commission
shall not license that person in a key employee or PMO position.

Tf, in the course of a background investigation, the Commission discovers that the
applicant has a notice of results on file with the NIGC from a prior investigation
and the Commission has access to the earlier investigative materials (either
through the NIGC or the previous tribal investigative body), the Commission may
rely on those materials, and update the investigation and the resulting
investigative report.

In conducting a background investigation, the Commission shall keep confidential
the identity of each person interviewed in the course of the investigation.

The Commission shall retain applications for licensing, investigative reports, and
eligibility determinations for each PMO and key employee for inspection by the
NIGC for at least three years from the date of termination of employment of the
PMO or key employee.

XII. Forwarding Applications and Investigative Reports on Key Employees and PMOs to the

NIGC

A.

Before issuing a license to a PMO or a key employee, the Commission shall:

1. Create and maintain an investigative report on each background
investigation. An investigative report shall include all of the following:

a. Steps taken in conducting a background investigation;

b. Results obtained;

c Conclusions reached; and
d. The basis for those conclusions.
2 Submit a notice of results of the applicant’s background investigation to

the NIGC no later than sixty (60) days after the applicant begins work.
The notice of results shall contain:

a. Applicant’s name, date of birth, and social security number;

Page 10 of 15


10.

ll.

12.
13.
14.

A description of any existing and previous business relationships with
other Indian tribes, including any ownership interests in the businesses;

A description of any existing and previous business relationships with the
gaming industry generally, including ownership interests in those
businesses;

The name and address of any licensing or regulatory agency with which
the person had filed an application for a license or permit related to
gaming, whether or not such license or permit was granted;

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;

For each misdemeanor conviction or ongoing misdemeanor prosecution
(excluding minor traffic violations) within 10 years of the date of the
application, the name and address of the court involved and the date and
disposition, if any;

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 paragraphs
(h) or (i), the criminal charge, the name and address of the court involved,
and the date and disposition, if any;

The name and address of any licensing or regulatory agency with which
the person had filed an application for an occupational license or permit,
whether or not such license or permit was granted;

A current photograph;
Any other information the Commission deems relevant; and

Fingerprints obtained in accordance with procedures adopted by the
Commission pursuant to 25 C.F.R §522.2(h). Fingerprints shall be taken
by either the Commission or a recognized law enforcement agency and
forwarded to the NIGC for processing through the Federal Bureau of
Investigation (“FBI”) and the National Criminal Information Center to
determine the applicant’s criminal history, if any.

Cc. Additional Information. The Commission reserves the right to request additional
information from any applicant at any time.

XI. Background Investigations

A. The Commission shall conduct or cause to be conducted a background
investigation sufficient to make an eligibility determination of each applicant. In

Page 9 of 15


12.
13.

14.

15.

16.

17.

18.

19.

To ensure that net revenues from gaming activities are used for the
purposes set forth in § V above.

To monitor gaming activities to ensure compliance with tribal laws.

To work with other law enforcement and regulatory agencies, if
applicable, to carry out Commission powers.

To conduct investigations of possible violations of this Ordinance and
gaming rules and regulations, issue subpoenas, and take enforcement
action, including seizing evidence and impounding winnings.

To provide a quarterly report to the Tribal Council on the status of the
Commission’s activities.

To issue subpoenas, take testimony, and conduct hearings on regulatory
matters, including licensure.

To ensure establishment and to approve minimum internal control
standards and procedures for the gaming operation(s).

To develop procedures for resolving patron disputes and to resolve those
disputes not resolved by the gaming operation(s).

To implement and enforce all rights and obligations of the Tribe
established by any Management Agreement, if applicable.

Rules and Regulations. The Commission shall adopt rules and regulations for the
conduct of business, which shall include the following provisions:

1,

The Commission shall select a Chair from its membership annually, who
shall have the power to convene special meetings with not less than 48
hours notice to the Commissioners.

General meetings of the Commission shall be open to the public.

The Commission may go into executive session, but may only take official
action while in executive session on Commission personnel and licensing
matters.

Compensation. Commissioners shall be compensated at a rate set by the
Commission and approved by the Council. Commissioners shall be reimbursed
for all actual expenses incurred on Commission business, including necessary
travel expenses.

Vacancy and Removal.

Page 6 of 15


(5)

(6)

(2)

(8)
(9)

@)

(C)

(D)

Bt Chief of security;

4. Custodian of gaming supplies or cash;
3s Floor manager;

6. Pit boss;

7. Dealer;

8. Croupier;

9. Approver of credit; or

10. Custodian of gambling devices including persons with access to
cash and accounting records within such devices;

If not otherwise included, any other person whose total cash compensation
is in excess of $50,000 per year; or

If not otherwise included, the four most highly compensated persons in the
gaming operation.

Any other person designated by the Tribe or Commission as a key
employee.

“Licensee” means any entity or person who holds a valid and current license
pursuant to the provisions of this Gaming Ordinance.

“Management Contract” means any contract, subcontract, or collateral agreement
between the Tribe and a contractor or between a contractor and subcontractor if
such contract or agreement provides for the management of all or part of a gaming
operation.

“Net Revenue” means gross gaming revenues of any gaming operation less:

(A)
(B)

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

Total gaming-related operating expenses, including all those expenses of
the gaming operation commonly known as operating expenses and non-
operating expenses consistent with professional accounting
pronouncements, excluding management fees.

“NIGC” means the National Indian Gaming Commission.

“Ponca Indian Land” or “Indian Land” shall have the meaning found in 25 U.S.C.
§2703(4), and shall include the real property in Pottawattamie County, Iowa held
in trust for the Tribe by the United States, which is described as follows:

Page 2 of 15


7. Payment of Commission expenses as part of net revenues of the gaming
operation and payment of a fee for the background investigation of the

Management Contractor.
B. No management contract shall transfer, convey, encumber, or otherwise create

any interest in real property.

Cc. The Commission shall have authority, after notice and opportunity for hearing, to
require appropriate contract modifications or to invalidate any contract if it finds
the contractor has permitted the violation of any provision of Section XIV or XV.

XVI. Prohibition Against Certain Individuals

A. It shall be a violation of this Ordinance for any licensee to knowingly fail to
exclude or eject from the gaming floor any individual:

1.

2.
3.
4.

XVII. Unlawful Acts

Under the influence of liquor, or narcotic or controlled substance taken
illegally;

Under the age of twenty-one;
Engaging in disorderly conduct; or

Armed and not engaged in legitimate law enforcement activity.

A. It is unlawful for any person to:

1.

Alter or misrepresent the outcome of a game or other event on which
wagers have been made after the outcome is sure but before it is revealed
to the player,

Place or change a bet or wager or determine the course of play after
gaining knowledge, not available to all players, of the outcome of the
game/event that is the subject of the bet or wager, including past-posting
and pressing bets,

Aid anyone in gaining knowledge as stated in paragraph 2, for the purpose
of changing a bet or wager, or for the purpose of determining the course of
play contingent upon that event or outcome,

Claim, collect or take, or attempt to claim, collect or take, money or
anything of value in or from a game with intent to defraud, without having
made a wager thereon, or to claim, collect or take an amount greater than
the amount won,

Page 13 of 15


will determine whether an amendment to the Ordinance is then needed to affect its purposes, and
if so, present a proposed amendment to the Tribal Council as soon as practicable.

XIX. Effective Date

This Ordinance is enacted by the Tribal Council pursuant to Resolution . Upon
approval of the Ordinance by the NIGC, the Ordinance will be effective back to the date of
enactment.

Page 15 of 15


PONCA TRIBE OF NEBRASKA
GAMING ORDINANCE

The Gaming Ordinance duly enacted by the Ponca Tribe of Nebraska on July 6, 1993,
and thereafter amended in 2002 and 2004, is hereby amended and restated in its entirety to read
as follows:

I. Authority & Purpose

The Ponca Tribal Council, empowered by the Constitution of the Ponca Tribe of
Nebraska (“Tribe”), Article V. Section 1, and Article XII, hereby enacts this Gaming Ordinance
for the purposes of establishing the Ponca Gaming Commission (“Gaming Commission”) and
authorizing and regulating all gaming activities on Ponca Indian Land.

IL. Gaming Authorized

Class I, Class II, and Class III gaming as defined in the Indian Gaming Regulatory Act,
25 U.S.C. Section 2701 et. seg. (“IGRA”), and any regulations of the National Indian Gaming
Commission (“NIGC”) promulgated thereunder, are hereby authorized. Class III gaming shall
be conducted in accordance with any applicable Tribal-State Compact.

TIL. Ownership of Gaming

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of
any gaming operation authorized by this Ordinance.

IV. Definitions

The following definitions shall apply to gaming and other activities conducted under this
Ordinance:

(1) “Commission” means the Ponca Gaming Commission.
(2) “Director” means the Director of the Ponca Gaming Commission.

(3) | “Gaming Operation” means each economic entity licensed by the Tribe that
operates games, receives gaming revenues, issues gaming prizes and pays the
expenses of the operation. A gaming operation may be operated by the Tribe
directly or by a management contractor.

(4) “Key Employee” means:
(A) | A person who performs one or more of the following functions:
1. Bingo caller;

2. Counting room supervisor;

Page 1 of 15


PONCA TRIBE OF NEBRASKA
TRIBAL COUNCIL

RESOLUTION 18- bh

WHEREAS: The Ponca Tribe of Nebraska is a federally recognized Indian Tribe (P.L. 101-484) whose
business affairs are conducted by the Ponca Tribal Council as defined in the Constitution approved July
22, 1994 by the Acting Deputy Commissioner of Indian Affairs; and

WHEREAS: Pursuant to the Constitution of the Ponca Tribe of Nebraska, the Ponca Tribal Council
exercises legislative powers to enact and promulgate resolutions and ordinances subject to all express
restrictions upon such powers contained in the constitution; and

WHEREAS: The Ponca Tribal Council has reviewed the proposed amendments to the Ponca Tribe of
Nebraska Gaming Ordinance; and

WHEREAS: The proposed amendments are being considered to ensure that the Gaming Ordinance is up
to date with current National Indian Gaming Commission rules and regulations and reflective of recent
gaming initiatives that are underway by the Ponca Tribe of Nebraska; and

WHEREAS: The proposed amendments to the Gaming Ordinance was placed on the August 25, 2018
Tribal Council Agenda to allow comments from the public with First Reading held on August 31, 2018;
and on September 10, 2018 for the second reading and approval thereof. A notice of intent to amend the
Ponca Tribe of Nebraska Gaming Ordinance was mailed to all heads of household at least 14 days prior to
any final action satisfying the requirements for the adoption, amendment, or abolishment of Ordinances.

THEREFORE BE IT RESOLVED that the Ponca Tribal Council approves the amendments to the Ponca
Tribe of Nebraska Gaming Ordinance.

BE IT FURTHER RESOLVED that the Tribal Council requests prompt approval of the amended Gaming
Ordinance and directs Legal Counsel to take necessary steps to secure said approval.

CERTIFICATION

THIS IS TO CERTIFY AND AFFIRM that the above and foregoing resolution was duly
authorized and passed by the Tribal Council of the Ponca Tribe of Nebraska at a duly called meeting held
in Omaha, Nebraska on the [0 day of September, 2018 by a vote of 4Y Ayes; ___O__ Nays;

0 Abstained; 4 Absent. Chairperson voting 4 not voting, A Quorum of
was present,



b. Date on which applicant began or will begin work as a key
employee or PMO;

c. A summary of the information presented in the investigative
report, which shall at a minimum include a listing of:

i. Any licenses that have previously been denied;

ii. Any gaming licenses that have been revoked, even if
subsequently reinstated;

iii, Every known criminal charge brought against the applicant
within the last 10 years of the date of application; and

iv. Every felony of which the applicant has been convicted or
any ongoing prosecution.

d. A copy of the eligibility determination made by the Commission.

If, within 30 days of receipt of a complete notice of results for a key employee or
PMO, the NIGC provides the Commission with a statement itemizing objections
to the issuance of a license to the applicant, the Commission shall reconsider the
application, taking into account the objections itemized by the NIGC. The
Commission shall make the final decision whether to issue a license to such
applicant.

1. If the Commission has issued the license before receiving the NIGC’s
statement of objections, notice and a hearing shall be provided to the
licensee as provided by Article XIII of this Ordinance.

The Commission shall notify the NIGC that a gaming license has been issued to a
key employee or PMO within 30 days after the issuance of the license.

A gaming operation shall not employ a key employee or PMO who does not have
a license after ninety (90) days.

If the Commission does not license an applicant:
1, The Commission shall notify the NIGC; and

2. The Commission shall forward copies of its eligibility determination and
notice of results to the NIGC for inclusion in the Indian Gaming
Individuals Record System.

Notices to the NIGC. All notices under this part shall be provided to the NIGC
through the appropriate Regional office. Should the Commission wish to submit
notices electronically, it should contact the appropriate Regional office for
guidance on acceptable document formats and means of transmission.

Page 11 of 15


ee Knowingly entice or induce another to go to any place where a game is
being played in violation of this Ordinance,

6. Reduce the amount wagered or cancel a bet after acquiring knowledge of
the outcome of the game or other event that is the subject of the bet or
wager, including pinching bets,

7. Manipulate any component of a gambling device in a manner contrary to
the designed and normal purpose for the component, with knowledge that
the manipulation affects the outcome of the game,

8. Except as specifically permitted by the Commission, use or possess with
intent to use, at any table game any calculator, computer, or other
electronic, electrical, or mechanical device to assist in projecting an
outcome of any table game, to keep track of or analyze the cards having
been dealt, to change probabilities of any table game or the playing
strategies utilized,

9. Trespass upon any premises licensed under this Ordinance,
10. Take anything of value from a gaming facility without authorization,
11. Offer or provide credit for gaming.

B. Any person who conducts any gaming or gaming related activity on property
subject to this Ordinance without a license, or engages in any activity thereon in
violation of a license or terms imposed on same, or in violation of any provision
of this Ordinance or regulation thereunder, shall be in violation of this Ordinance.
Said person shall be subject to loss or suspension of license and other legal action.

Cc. No fine shall be assessed nor any action taken for any violation under this section
unless a charge is filed with the Commission or the Tribal Court within 18 months
of the commission of the offense.

D. No Council member, Commissioner, Board Member licensee, or Commission
employee may receive compensation, gift, or payment of more than nominal
value from any person doing business or wishing to do business with the Tribe
relating to gaming nor from any person wishing to obtain an advantage in any
wager on gaming in the facility. Any property received in violation of this
provision shall be automatically forfeited to the Tribe and the offending person(s)
shall be prosecuted for accepting a bribe. The Commission shall cooperate fully
with any Federal law enforcement agency to pursue prosecution under applicable
Federal law.

XVIII. Severability

If a court of competent jurisdiction determines that any provision of this Ordinance is
invalid, the remainder of the Ordinance will remain in full force and effect. The Commission

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