As Amended 

by NCA 85-74 

Dec. 2. 1985 

i ' 

NCA 84-04 

AN ORDINANCE OF THE MUSCOGEE (CREEK) NflION REGULATING PUBLIC GAMING 

WITHIN THE MUSCOGEE (CREEK) NATION 

Section 100. Be it enacted by the Muscogee Nation in Council Assembled: ' 2,; 

TITLE I. - GENERAL PROVISIONS 

Section 101. Findings. The National Council finds that: 

Under the 1979 Constitution of the Muscogee (Creek) Nation, 

the National. Council may legislate upon subjects to become 

Ordinances of the Nation, including: 

(1 

(2) 

(3) 

The 

and 

To promote the public health and safety, education and 

welf art -may -contribute to the social, physical wellbeing and economic advancement of citizens of the 

Muscogee (Creek) Nation. [Article VI, Section 7(a)l. 

To create authorities with attendant powers to achieve 

objectives allowed within the scope of this Constitution. 

l~rticle VI, Section 7(i)]. 

To exercise any power not specifically set forth in this 

Article which may at some future date be exercised by the 

Muscogee (Creek) Nation. [~rticle VI, Section 7(j ) 1. : . ;, ". 

present needs of 'the,, Muscogee people include employment 

training, health--, .care, educational opportunities, 

nutrition, mental health; jd,Gn,i>e services, housing, planning 

and development, legal service's, elders programs 'and social 

services which are not pr-fsently being met in sufficient 

quantity by United States gov'er~~ent agencies. 

The Muscogee Nation desires to be self-sufficient in its 

internal affairs, as reliance upon federal resources has been 

adverse to the quality of life within this tribe in both the 

recent and far past. 

The regulation of public gaming within the Muscogee (Creek) 

Nation is in the interest of the Muscogee people and their 

health and welfare. 

The Muscogee Nation, prior to the creation of the State of 

Oklahoma,.prohibited public gaming operations under Article X, 

Section 1 of the 1880 codification of the Constitution and 

Laws of the Muscogee Nation, as follows: 

"Any person who shall willfuly, by word or deed, disturb 

any private or public boarding or day school, church, 

council, or any other religious, political or other 

law'ful .gathering, or private family, . . . or keep houses 

of ili.;!fam$,, or gambling houses, shall be guilty of 

misdemea~okj/pn$, upon convictions shall receive fifty 

lashel;, o_n the 'bas% pack. " 

,* <,- %*.- -. 

Public gaming &kre,t,iPns da$i:'@en introduced to the Muscogee 

Nation under the col'ot-,of, thebState of Oklahoma, and it is of 

vital interest to the &hUF health, safety and welfare of 

the Muscogee people that the, Nation, instead of again 

prohibiting public gaming operations, regulate public gaming 

in a manner commensurate with the interests of the Muscogee 

people. 
Page 2 NCA 84-04 

G. By virtue of the treaties between the United States of America 

and the Muscogee (Creek) Nation and the Statutes and Court 

decisions of the United States, which together have 

established and maintained the doctrine of Indian sovereignty, 

there is left intact the federal guarantee of the perpetual 

integrity of the Muscogee (Creek) National Government. 

H. The Pluscogee (Creek) National Government requires methods for 

establishing a base to generate revenues for self perpetuation 

and essential governmental services. 

Section 102. Short Title. The Code shall be known and may be cited as the 

Muscogee Nation Public Gaming Code. 

Section 103. Definitions. The following words and phrases when used in this 

- Code shall, for the purposes of this Code, have the meanings 

respectively ascribed to them in this Section, except where the 

context otherwise requires: 

"Gaming" is the act of paying for the opportunity and 

participation in a game or games of chance for money or 

something of value, where motor skills play no part or are of 

no consequence in determining the outcome of the game. 

To operate, carry on, conduct, maintain, or expose for play: 

money, property, or any representative of value; wherein the 

outcome of a game is decided by chance or in which chance is a 

material element, but does not include social games played 

solely for consumable goods, i.e. foodstuff or games played in 

private homes or residences for prizes or games operated by 

charitable andjeducational organizations; which are approved 

by the Commissioner:pursuant to provisions of NCA 84-04. 

..: /" 

"Shall" is used+ this '~dd2 imposing an obligation to act. -Efr,,. 

"Commissioner" is the ,Commissioner of Public Gaming as 

provided by the terms of this %q-- Code 

"Bingo" is the activity commonly known as 'bingo' where 

participants pay a sum of money for the use of one or more 

cards. A winning pattern is announced prior to each game. 

When the game begins, numbers are drawn by chance, one by one, 

and announced. The players cover. or mark those numbers in the 

pattern which has been pre-announced for that particular game. 

This player calls out "bingo" and is declared the winner of a 

predetermined prize. 

"Instant Bingo" is the activity wherein participants pay a sum 

of money for the use of one or more cards. Winning patterns 

are announced upon the card. When one card is played, paper 

tabs are pulled off of the card board backing to reveal the 

patterns printed on the cardboard card. If a player receives 

patterns which are printed as an "Instant Bingo", the player 

turns in the card for a predetermined prize. 

"Parimutuel horse racing" is the activity wherein participants 

bet a sum of money, in predetermined increments, to wager on 

which horses shall place first (or "win"), second (or 

race for a predetermined 

distance. ' 'If a to have properly won the 

first, second, the race, the participants 

who have be upon paid upon their wager 

according to formulas approved under the laws of the State of 

Oklahoma. Players may also'be paid upon a combination basis 

or upon a mutual field basis. '" 

Muscogee (Creek) Nation - is as established by the Muscogee 

(Creek) Constitution of 1979 with political jurisdiction as 

described in Attachment A. Individual tribal towns of the 
Page 3 NCA 

Section 104. 

Section 105. 

Sect 

Sect 

Section 109. 

Muscogee (Creek) Nation are considered component, inseparable 

subdivisions of the Muscogee (Creek) Nation and may only 

benefit from the rights and privileges from the Muscogee 

(Creek) Nation .under this Code, when they are chartered as a 

community organization under the laws of the central 

government of the Muscogee (Creek) Nation. 

H. "Permit" - license or instrument granted by the official(s) of 

excise certifying that the duties on certain goods have been 

paid or secured and permitting their removal from some 

specified place to another. . ., 

A written license or warrant issued by a person in authority 

empowering the grantee to do some act not forbidden by 

Muscogee (creek) Nation law but not allowable without such 

authority . 

A permit granted by the Gaming Commissioner. of the Muscogee 

(Creek) Nation for a consideration to a person, group, 

communityj firm, or corporation to pursue some occupation to 

carry on some business subject to regulation under the 

jurisdiction of the Muscogee (Creek) Nation. 

License, with respect to real property of the Muscogee (Creek) 

Nation, is a privilege to go on the premises for a certain 

purpose but does not operate to confer on, vest in, or license 

any title, interest, or estate in such property. .? .!-r*t. 

"Hearing De ~d;o''< -:,a :new hearing or a hearing for the second 

time contemplating an ent'i're trial in the same manner in which 

matter was originally hearIlttln4.a review of previous hearing. 

wy 

Liberal interpretation. 'The - prhsions of this Code, being 

necessary for the welfare of th&:tribe and its inhabitants, shall 

be liberally cons trued to effect thenpurpose and object hereof. 

Effect of headings. Article and section headings contained herein 

shall not be deemed to govern, limit, modify or in any manner 

affect the scope, meaning or intent of the provisons of any 

article or section hereof. 

Penalty provisions. It shall be a violation of the laws of the 

Muscogee Nation to violate the provisions of this Code, any 

regulations promulgated by the Commissioner, or any proper order 

issued under the authority of this Code. Any person or licensee so violating shall be punished by a fine of not more than Five 

Hundred Dollars ($500.00) or by suspension of license for a period 

not to exceed One Hundred Eighty (180) days or by both such fine 

and suspension or other penalty alternative under Tribal law. 

Severability. The provisions of this Code are severable and if 

any part or provision hereof shall be held void by tribal or 

federal court,. the decision of the court so holding shall not 

affect or impair..auy of the remaining parts of provisions of the 

- Code. --'* (-,+ ~CYP~ 

Repeal. All "tkt$es, chakp^te&?+ articles and sections of Tribal 

Ordinance NCA 82-33, as amenddhsich are in effect as of the date 

this Code becomes operative, arei heY'eby repealed, and all other 

laws or parts of laws inconi'istent with the provisions of this I I 

- Code are hereby repealed. ' .> 

Effect of repeal. . Repeal by this Code of any Ordinance shall not 

have the effect of reviving any prior law theretofore repealed or 

suspended by such repealed Code. 
Page 4 NCA 84-04 

Section 110. Emergency. It being immediately necessary for the preservation of 

the public peace, health and safety, an emergency is hereby 

decalred to exist, by reason thereof this Code shall take effect 

and be in full force from and after its passage and approval. 

TITLE 11. - DEVELOPMENT, ADMINISTRATION AND ENFORCEMENT 

Section 201. 

Section 202. 

Section 203. 

Office of Public Gaming Commissioner Established. In order to 

provide for the orderly development, administration, and regulation of Bingo, as well as other- authorized enterprises within the 

exterior boundaries of the Muscogee,%Nation, there is established 

the Muscogee (Creek) Public c am in^' Commissioner (thereinafter 

referred to as the "Commissioner"). The Principal Chief shall 

nominate a full citizen of the Muscogee Nation to serve as the 

Commissioner, subject to confirmation by Ordinance. Said 

Commissioner may be seated for a period of three (3) years. The 

Commissioner may be removed, from office prior to the end of any 

term only for cause under the Removal for Office Ordinance, NCA 

81-03, or may be removed by Ordinance. The Commissioner may be 

suspended by the Principal Chief for 90 days, and the power of the 

Principal Chief to comnission during a vacancy is extended to 

include commission of a full citizen to serve during the 

suspension of any Commissioner. 

The Commissioner may not hold other tribal positions except 

temporary duties assigned by Executive Order to be performed 

without increase in compensation and may be engaged in business. 

Provided, however, that the Commissioner shall not. engage in any 

business which is subject to provisions of this Code or which has 

commerce with,any licensee under this Code. The Commissioner shall 

post a bond w&\h, the Muscogee Nation in the amount of One Hundred 

Thousand Dollars ~$,lp~;000.00). 

' ; .,- 1 

A. The Commissioner shalil be-harged with the sole responsibilities of administ5ring the provisions of this 

- Code. 

B. It shall be the resi:k@&+Jy of the Commissioner to 

promulgate regulations necessary%o administer the provisions 

of this Code. These duties shall include but not be limited 

to the following: 

Printing and making available application forms for 

initial and renewal licenses, as well as any other 

necessary licenses. 

Supervising the collection of all fees and taxes 

prescribed in this ,Code. 

Processing all license applications. 

Issuing licenses; 

Determining applicable license fees; 

Auditing all returns; #-a. 

f-: Review~-~?$J , ~aming operation contracts, records, 

documents ; rand', any thing else necessary and pertinent to 

the f inanciab-rtaccountabili ties of licensees or 

enforckment ~f-iQn~~rovision of gaming operation 

contracts ;. ~~reements>'t&@, , and related Ordinances. 

' W-. -- . I--- y 

./ 

The Commissioner &%lk>ave the power and authority to 

deny any application, to;,l+mit, condition, suspend, or 

restrict any license or permit, make a finding of 

suitability or approval of the license or permit, or a 

finding of suitability or approval of or the imposition 

of a fine upon any person licensed or permitted for any 

cause deemed reasonable by the Commissioner. 
Page 5 NCA 84-04 

(9) The performance of any other duties required in the Code or any amendments thereto or other duties which may 

hereafter be specified by the Commissioner. 

(10) Employ legal counsel with consent of the Muscogee Nation 

by Ordinance. 

. ,"<. 

(11) Defend this Code in 'any:court of law. 

Section 204. The Commissioner may exercise any proper power and authority 

necessary to perform the duties assigned by this Code, and is not 

limited by any enumeration of powers in this chapter. 

Section 205. The Commissioner may refuse to reveal, at any court proceedings, 

the identity of any informant, if such revelation would subject 

the informant to bodily harm. 

Section 206. Regular and special meetings of the Commissioner may be held, at 

the discretion of the Commissioner, at such time and places as may 

be convenient and open to tribal members, with notice posted in a 

public place at least 24 hours prior to the meeting. 

Section 207. he' Commissioner may organize any functional divisions as may be 

necessary and from time to time alter such plan of organization as 

may be expedient. The Commissioner shall recommend this office's 

own budget for operations to the Principal Chief, and take any 

other steps necessary to fulfill duties and responsibilities under 

the code. 

Section 208. In adopting,,+mending, or repealing any regulations under this 

Code the Co.mmissioner 'shall give prior notice of the proposed -9 

action to all .licen\ees and other persons whom the Commissioner 

has reason to belidve-'have; a legitimate and bona fide interest in 

such pro~osed'~action. - - . L' 1-1 

. - 

Section 209. The Commissioner shall for a license or permit 

an opportunity for a action denying such 

application and shall afford ac,Jicensee or any other person(s) 

subject to this Code the opportuni$-for a hearing prior to taking 

final action resulting in terminating, revoking, suspending, or 

limiting a license or permit or any other adverse action the 

Commissioner deems appropriate; Provided, that the Commissioner 

may summarily temporarily suspend or extend suspension of license 

for sixty (60) days or withdraw a permit in those cases where such 

action is deemed appropriate by the Commissioner. In cases where a license is suspended or a permit withdrawn prior to a hearing, 

an opportunity for a hearing shall be provided. 

Section 210. Whenever upon specific factual finding the Commissioner determines 

that any person has failed to comply with the provisions of this 

- Code or any regulation promulgated hereunder, the Commissioner 

shall make a certification of findings with a copy thereof to the 

subject or subjects of that determination. After five (5) days 

notice and within ninety (90) days thereof, the Commissioner shall 

hold a hearing at which time the subject shall have an opportunity 

to be heard and present evidence. 

- "- '. 

Section 211. At such hearing it shall be the obligation of the subject to show 

cause why the determination is incorrect, why the application in 

question shall not be'den'iefl, >$y the license, licenses, or permit 

in question shall not be bev?k&d or suspended, why the period of 

suspension should not be ext&@$;; to show cause why special 

conditions or limitations'>uppn a 'ri$&nse or permit should not be 

imposed, or to show cause why',any other action regarding any other 

person or persons subject to any actign should not be taken. c! 

Section 212. Following such hearing the Commissioner shall, within seven (7) 

days, reach a determination concerning the accuracy of the 

preliminary certif icatfon of facts and whether. the license 

. permit in question should be granted, continued or suspended, 
Page 6 NCA 84-04 

revoked, conditioned or limited, and whether or not any other 

action recommended to or by the Commissioner (including but not 

limited to forfeitures or fines) should be taken. 

Section 213. Within three (3) days following this determination the 

Commissioner shall inform ;the subject in writing of that 

determina tion. .f'(i , 

Section 214. Right to appeal. The subject &hall have the right to appeal the 

determination of the Commissioner to the Tribal District Court for 

a de novo hearing. Such app&al must be filed with the Tribal 

District Court in written form on or before the tenth (10) day 

following the determination of the Commissioner. The determination of such appeal by the Tribal District Court shall be subject 

to review or appeal to the Tribal Supreme Court as provided under 

Tribal Ordinance. 

Section 215. Sanctions. Any person who engages in activities on property 

subject to the provisions of this Code without a license or 

permit, in violation of the terms imposed thereon, in violation of 

terms of suspension, or in violation of any other provision of 

this Code, regulations promulgated thereunder or amendments 

thereto, shall be in violation of the Code including any person 

who unlawfully trespasses upon any premises licensed by this Code 

without the consent of the licensee and/or the Commissioner. 

Separate violation shall be prosecuted as separate offenses. Each 

day of violation shall constitute a separate count or violation of 

this Code. A violator shall also be required to pay court costs, 

storage fees, auction or. sales fees. All property used in each 

and every separate violation, of this Code may become the property 

of the Muscogep . Nation. Persons may be prohibited from 

trespassing on prem~ties licensed under this Code; licenses may be 

suspended, or revoked; or limited, and/or establishments may be 

forceably closed. All $h action shall be taken at the 

discretion of the commissiohdr~~ubject to the right of appeal to 

Tribal District Court. ~inning'$6und to have been received in 

violation of this Code are forfeited and become property of the 

Muscogee Nation, recoverable by-qger, judgement, and execution of 

the Tribal District Court as provide'd' by Ordinance. 

TITLE 111. - LICENSING/PERMITS 

Section 301. License required. Any person conducting Public Gaming operations 

on property within the exterior boundaries of the Muscogee Nation 

and which is subject to the jurisdiction of the Muscogee (Creek) 

Nation shall be required to have and display prominently an 

appropriate, valid and current Public Gaming license issued 

pursuant to the provisions of this Code. Any other forms of 

Public Gaming operations being conducted within the jurisdiction 

of the Muscogee Nation without the lawful writteb approval of the 

Muscogee (Creek) Public Gaming Commissioner are prohibited under 

Title IX. 

Section 302. Classes and Fees. Different Classes of licenses shall be issued, 

and each have a separate fee, and each shall grant separate 

privileges. Each license shall be for a specific place, and 

licensees desiring to operate multiple locations shall be required 

to obtain multiple .licenses. Licensee shall operate and conduct 

only those activities authorized under each license as listed 

below and as ,-may be fur'ther in regulations promulgated 

hereunder: '-4 

< 

"lA. Class "A". A c~&'B':,A. ~ic%#may be issued to the Creek 

Nation Festival ~ommittBe ,- or the Creek Nation Rodeo 

Committee, at an annual rat$ of $100.00, for the revocable 

privilege of conducting bingo games for the remainder of the 

Calendar year. 

B. Class "C". A Class C License may be issued to any applying 

Muscogee (Creek) Indian chartered community, church, or 
Section 303. 

Section 304. 

Section 305. 

Section 306. 

Section 307. 

ceremonial ground at a monthly rate of $10.00, for the 

revocable privilege of conducting bingo games during the 

remainder of that calendar month. 

Class "C-2" . .. ..t A Class C-2 License may be issued to tribal 

entities, vhereJ.the use of tribal funds are involved, at an 

annual '.-rate of -$25.00.. for the revocable privilege of 

conducting bingo games ..during the remainder of the calendar 

year. ...-.. - 

i I. .' 1 :,- 

--i+ - 

.I... . . 

Class "N". A Class N ~icen?.e may be issued to any person or 

group which holds a valid li-40 license from the State of 

Oklahoma or its political subdivision, at an annual rate of 

$600.00 or a monthly rate of $50.00 for the revocable 

privilege of conducting bingo games for the remainder of the 

licensed period. 

Class "P". A Class P License may be issued to any person or group.vhich liolds a valid parimutuel horse racing license fron 

the State of Oklahoma or its political subdivision, at an 

annual rate of .Ten Thousand Dollars ($10,000), for the 

revocable privilege of conducting -parimutuel horse races for 

the renainder of the calendar year. 

-- Class "T". A Class. T License.may be issued to an entity 

holding a colitract with the Huscogee Nation, at an annual rate 

of $1,200.00 for .the revocable privilege of conducting 'bingo 

ganes in a specific location ~ithin the reservation of the 

Huscogee Nation for the remainder of the calender year. 

Class "S". A Class S license may be issued at an annual 

rate of $1,200 for the revocable privilege of transmitting 

satellite bingo games in a specific location within the 

reservation (note Attachment 6). 

Reserved classes. All other classes of licensees of pub1 ic 

gaming are reserved from approval by the Comnissioner. 

The Muscogee Nation hereby reserves for itself a Class 

D License for conducting parimutuel dog races. Said license 

shall require approval by and Ordinance of the Muscogee 

Nation. 

Amendment of Classes and Fees. Amendments of Section 302 

of .this Code shall become effective on January 1 of the 

fol lowingxendar year. 

Exemptions. The f ollowing activities are not public gaming 

operations under the terms of this s, and therefore do not 

require a license under this title: 

A. GAMING NOT FOR GAIN. Gaming in which no cash or valuable 

prizes are won, other than 'points' for cumulative competive 

ratings, or 'places' for immediate competive rankings, is not 

subjec; to the provisions of this Code. Hoyever, gaming for 

gain which is conducted by a non-profit organization is 

subject to the requirements of this Code if cash or valuable 

prizes are awarded. "Valuable prize" means. an object or 

service worth One Hundred Dollars or more in fair market 

value. 

B. [Reserved] 

All persons or organizations, who may seek to engage in Public 

Gaming activities within the Muscogee Nation, must apply for the 

same at least thirty (30) days prior to the scheduled activities. 

All other licenses must be applied .for no less than sixty (60) 

days prior to the scheduled activities. 

Every licensee intending to continue engaging in Public Caning 

activities vi thin the Xuscogee Na tibn during the next following 

calendar year shall apply for renewal of the license at least 

thirty (30) days prior to the end of the previous license period. 

Every licensee shall display in a prominent place a current and 

valid license for that location. 

When a licensee changes a location of Public Gaming activities 
Page 8 NCA 84-04 

within the Muscogee Nation, the Commissioner shall issue a 

corrected license for the balance of the current period reflecting 

the new address upon reasonable proof of change of address and 

wihtout imposition of an additional license fee. 

Section 308. Fees. Each application for an initial or renewal license shall be 

accompanied by payment of the license fee. Subject only to the 

appeal as provided under' this Code, the Commissioner's 

determination of the license fee- properly owed under this Code 

shall be final. This fee is imposed for the revocable privilege 

of being licensed to engage in public gaming activities within the 

Muscogee Nation. -I/ 

Section 309. Non-tranferability. The license issued pursuant to the provisions 

of this Code is valid only for the person(s) or organization(s) at 

the place of business shown on the face thereof. It is not 

assignable or otherwise transferable to any other person or 

organization or for any other location without the written 

approval of the Commissioner. 

Section 310. All license fees shall be paid to the.Treasury of the Muscogee 

Nation. 

Section 311. The Public Gaming Operations license is a revocable privilege, and 

no holder thereof shall be deemed to have a part in any vested 

rights therein or thereunder. The burden of proving 

qualifications to hold any license rests at all times in the 

licensee. The Commissioner is charged by law with the duty of 

continually observing the conduct of all licensees to the end that 

licenses shall not be held by unqualified or disqualified persons 

or unsuitable pe-rsou or persons whose operations are conducted in 

an unsuitable manier.'; . 

' ' ['i ...{ 

Section 312. Violation of any p'i.dvhfhs of this Code or any of the 

Commissioner's rules, by a li'c~p?e$, his agent, or employee shall 

be deemed contrary to .the .'health, safety, morals, good 

order, and general welfare of6 the Muscogee Nation and the 

inhabitants of the Muscogee &*n, and grounds for refusing to 

grant or renew a license, suspensf8ii?or revocation of a license or 

ground for the filing of criminal charges or civil action in 

Tribal District Court on behalf of the Commissioner. Acceptance 

of a license or renewal thereof, or condition imposed thereon, by 

a licensee constitutes an agreement on the part of the licensee to 

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

Commissioner and by the provisions of this Code as the same are now or may hereafter be amended or promulgated. It is the 

responsibility of the licensee to keep himself informed of the 

contents of all such regulations, provisions, and conditions, and 

ignorance thereof will not excuse the violations. 

Section 313. As a provision of licensing, all contracts or agreements with the 

Muscogee Nation that include gaming or related activities must be 

reviewed by the Commissioner. 

Section 314. Permits Required. Any activity conducted on tribal trust property - 

in relation to or in conjunction with a licensed function shall be 

required to obtain either a limited/temporary or annual permit. 

Section 315. Permit Class and Fees. Different permit class and fees shall be 

established by regulation of the Commissioner for all activities 

and devices listed shill ihclude, but not limited, to the 

following activities .and de~~cbs';"'. . :, ," . + -'Y 

A. Activities: 1. ~ameg"'br/actLvities for periods of less than 

seven (7) 'days .pr one time. 

*. 

2. Games or activities on an annual or 

semi-annual schedule. 

3. Games or activities on a intermittent basis 

throughtou t the year. 
Page 9 NCA 84-04 

Mechanical or electronic devices except slot 

Section 401. 

Section 402. 

Section 403. 

Section 404. 

Section 405. 

Devices 

machines that are played by any method either for 

amusement or with expectation of renumeration of 

either cash prize awards. ; ! t; 

2. Mechanical .or electronic devices except slot 

machines that-, dispense any type of merchandise 

for, a set amount: of money or tokens with a fixed 

value. ', , 

i,f ,-- 

TITLE IV. - RULES OF OPERATION AND'GENERAL APPLICABILITY 

Records, Returns and Audits. It shall be the responsibility of 

the Public Gaming Commissioner to promulgate regulations 

establishing proper accounting procedures and methods of 

operations for all licensees, so that all monies or things of 

value received and/or paid out may be properly monitored and 

accounted for. All licensees under this Code shall be required to 

keep an approved accounting sys tem, which shall comply wi thy but 

not be limited to all applicable provisions of this Code or 

regulation of the Commissioner. Said accounting system shall 

reflect all business and financial transactions involved or 

connected in any manner with the operation and conducting of 

activities authorized by this Code. 

All bingo licensees shall charge players only for the bingo cards 

to be used in each game. The rate to be charged players for cards 

or packs shall be fixed by each licensee and posted conspicuously 

on the premises. Each person paying for the opportunity to 

participate in a bingo game shall be given an approved receipt for 

the bingo card or pack, which shall be numbered and dated, which 

can be readily -idenfffied as belonging to that licensee. Each 

card or pack issuid .%half represent a specific amount of money 

which has been paid '-to t- licensee. The amount of money 

represented by ea~h,~ card or0@yki issued shall be clearly made 

known to all players 'pri.gr to anf%nd paying to participate in the 

activity. ,? , r 

. ,A! P. 

L 

Any delay, maneuver or action of%?$'zkind, which in the opinion of 

the Commissioner, is effectuated by any licensee to unlawfully 

avoid paying the proceeds properly owing to the Muscogee Nation 

shall constitute grounds for taking any disciplinary action deemed 

necessary by the Commissioner, including but not linited to 

fining, revoking, suspending, limiting, or refusing to renew the 

license of any licensee. 

No applicant, licensee, or employee thereof shall neglect or 

refuse to produce records or evidence under their control, or to 

give information upon proper and lawful demand by the 

Commissioner, or shall otherwise interfere with any proper and 

law£ ul efforts by the Commissioner to produce such information. 

The Commissioner may sumnon any licensee or a licensee's agents, 

employees, or suppliers to appear to testify with regard to the 

conduct of any licensee or the agents, employees, or suppliers of 

any licensee. All such testimony shall be given under oath and 

may embrace any matters, which the Commissioner may deem relevant 

to the discharge of his official duties. Any person so summoned 

to appear shall-$avecthe right to be represented by counsel. Any 

testimony so taken. may be used by the Commissioner as evidence in 

any proceeding or matte be re the Commissioner or the Tribal 

District Court or,-.which gy 6e.r come before the Commissioner or 

the Tribal District"Court. ~aildr& .t. so appear and testify fully 

at the time and place design?ted ,'%~ess excused, shall cons ti tute 

grounds for revocation or 'susppnsion of any license held by the 

person summoned, his ~rinci~al; --oric7mployee, or the loss of the 

privilege to further supply any person licensed under this Code. 

Licensees shall provide for their facility security, Provided, 

that contracts are reviewed, security plans, or amendments thereto 

are approved by the Commissioner prior to implementation. 
Page 10 NCA 84-04 

Section 406. 

Section 407. 

Section 408. 

Section 409. 

Section 410. 

Section 411. 

Section 412. 

Section 413. 

Section 414. 

Section 415. 

Unless prior written approval is obtained from the Commissioner, 

no person employed in the conduct of Public Gaming operating under 

one license shall be employed under any other license authorized 

to operate under this Code. 

. , 

Age Limit for Bingo. No person, who is under the age of eighteen 

(la), shall operate nor shall ~;$~~llowed to participate in any 

manner in the operation of,any bingo game. No person(s) under the 

age of sixteen (16) shall be,allowed on premises where bingo games 

are being conducted. It: shall4 be the responsibility of the 

licensee to enforce the provisions ;jf this section. 

On duty operators shall not play. No operator shall allow a 

person who manages or receives any compensation, directly or 

indirectly, for the operation of any bingo games conducted by the 

operator to play in a bingo game while on duty. No operator shall 

allow any person who assists in the operation of any bingo game 

conducted by the operator to play in any bingo game conducted by 

the operator within 24 hours of the time said person did so 

assist. 

No free games for wlnners. No free cards or any opportunity to 

play in a bingo game shall be awarded or given to a person as 

prize for or conditioned upon winning a bingo game or games, 

Provided, that the Commissioner shall have the authority to grant 

exceptions upon request by the operators. 

No bingo game shall be conducted td include a prize determined 

other than by the matching of letters and/or numbers on a bingo 

card with letters and/or numbers called by the licensee or an 

employee of the' licensee in competition with all players in the 

bingo game. All equipment used directly in the operation of a 

bingo game except bingo\Qa~ds from which letters and/or numbers 

are obtained to ,cay, balls'a other items containing letters 

and/or numbers to call o= usepfk the purpose of displaying 

numbers and/or letters "called to the public, and any sound 

amplification system necessary fq,_the convenience and comfort of 

the players and operators must be approved by the Commissioner. 

Every prize awarded during the operation authorized shall be 

awarded only to the person(s) actually winning the prize and 

displaying the proper admission ticket. 

Bingo cards or pack shall be.sold and paid for only in advance for use in a speclfied.game or specified numbered games. All sales of 

bingo cards or pack shall take place upon the premises. All bingo 

cards or packs must be used on the day sold. 

Promotional Activities and Renumeration. Certain licensees may be 

exempt from $409 and engage in promotions and activities that 

include prizes or the award of cards or packs as an incentive to 

allow certain individuals, who provide a specified service.or meet 

other stated requirements, t~-~artici~ate in games the same as 

regular participants. Licensees participating in promotional 

activities must provide the Office of Public Gaming full details 

of all such ,activities and receive advance approval for each such 

promotional activities. Written approval for such activities must 

remain on file in.',.the Office of Public Gaming and with the 

licensee for a, period 'dfi?itpss than one (1) year. \ 

:I . :...J? 

Each numbered ball or other devi8.e used in a bingo game for the 

selection of numbers to be'called &play shall be the same weight 

and size as each of the other balls or devices used for that 

purpose of that game. "OU , 

-I 

In all cases the bingo operator must have and exercise complete 

control over that portion of the premises being used for bingo at 

all times said games are being played. The licensee or permit 

holder shall be held liable for any violation of the Code. 
Section 416. 

Section 417. 

Section 418. 

Section 419. 

Bingo games shall be operated and conducted only on the 

appropriate licensed premises authorized under this Code. 

No manufacturer', distributor, or operator shall by agreement 

either express or 'btI$6rwise with any other manufacturer, 

distributor, or operator fix,-the price at which any device, 

paraphcnalia, machine, equipmeht!cpr>ze or any other items used in 

connection with any of the activities authorized under this Code 

shall be sold or which services in connection therewith shall be 

rendered. The price of these items, in a competitive market place 

shall be established by each manufacturer, distributor, or 

operator for the products and services offered by each and shall 

not be established, directly or indirectly, in concert with 

another . Licensees must own, supervise, and be directly responsible for all 

activities on their premises authorized by license under this 

Code, except as specifically outlined in Management Agreement 

approved by Ordinance. 

It is the policy of the Commissioner and the Muscogee Nation to 

require that all establishments, wherein bingo is conducted within 

the reservation, be operatea in a manner suitable to protect the 

public health, safety, morals, good order, and general welfare of 

the inhabitants of ,the reservation. Responsibility for the 

employment and maintenance of suitable methods of operation rests 

with the licensee and willful and persistent use or toleration of 

unsuitable methods of operation will constitute grounds for 

license revocation or other disciplinary actions. . ... ;"'*,. . t4 2. 

Receipt required :far @come and prizes in bingo. All income from 

at the time the 

and all prizes 

shall be each prize at the time the 

shall be supplied 

disposable bingo 

cards numbered consecutively, or they may be based upon a cash 

register system if an identification number is on the receipt 

given to the customer, which is one of a series of such 

nunbers pri.nted consecutively, and a corresponding number is 

recorded together with a record of the transaction being kept 

inside the cash register. 

Section 420. 

In the event a cash register system is used, the following 

information shall appear upon the receipt given a customer and 

upon the record being kept inside the machine; the name of the 

licensee operating the activity; the date the transaction took 

place, the receipt number; the amount of money paid, or a 

description of other consideration paid for the opportunity to 

play. The cash register receipt rolls retained in the machine 

showing those transactions shall be retained with the records 

of the licensee for a period not less than two (2) years. 

(1) Receip'ts from income from all sales except those of 

opportunities to play bingo on disposable cards. Each 

person paying', for the opportunity to participate in a 

bingo -game, i&ck!p' ah provided in sub-section (2), who 

does not .receive a casJ,rpgister receipt shall be given a 

ticket or ticket?, which'&J?$l be consecutively serially 

numbered. Each \Stck~?t issudd shall represent a specific 

amount of money which'%qs,been paid to the licensee. The 

amount of money represented. by each ticket issued shall 

be clearly made known to all players prior to anyone 

paying to participate in the activity. Licensee shall 

record in his daily records the lowest numbered ticket 

issued as a receipt on each day or occasion and highest 

nunbered ticket issued on this day or occasion. Tickets 

, bearing numbers falling between these high and low 
Page 12 NCA 84-04 

(2) 

numbers issued, which were not issued as receipts on that 

day or occasion, shall be retained by the licensee as 

part of its daily records and shall not be otherwise be 

used or disposed of by the licensee for a period of not 

less than three (3) months or until such ticket has been 

duly inspected and accounted for by the Office of Public 

Gaming, at which' time said receipts may be diposed of by 

the licensee. 

7, -/f,ip , ..* i, 

Receipt for income fromJsales of opportunties to play 

Bingo on disposable Bingo cards. As to each person 

playing for the opportuni't~ to play bingo on disposable 

bingo cards, the disposable cards themselves may be used 

as the receipt required by this rule, Provided, that each 

set of disposable cards used is consecutively numbered 

fron the first card to the last, and each card contains 

both it's individual consecutive serial number and the 

identification number assigned by the manufacturer to 

that set of disposable cards on its face, except for 

licensees specifically exempt by the Commissioner to 

minimize duplicate cards and avoid excess waste. 

- No disposable card in any game.plays shall be a duplicate 

of any other card in that game. ' Each disposable card 

should represent a specific amount of money which has 

been paid to the licensee, which amount has been clearly 

disclosed to all players in advance of any player 

participating in the activity. Each disposable card 

shall be sold for the sane price, as each other 

disposable card of the same class being used during any 

particular bingo game. 

-. i , ., 

a .9 J;#. All licensee$. shall record in its daily records the set 

number of each;yet,,gr portion of a set, which has been 

used 'during eacli bf? game on each occasion immediately 

following +the. play 841 nk Bf,that ganle together with the 

serial number"of, the cards with the lowest and highest 

number of cards 'so'ld, from each of those sets. The 

licensee shall retainY';a~,~? part of his daily records, 

each unsold disposable card with the serial number 

falling between the lowest and. highest number sold from 

each set on that occasion and shall not otherwise use or 

dispose of those cards so retained for a period of not 

less than three (3) months or until such cards have been 

duly inspected and accounted for by the Office of Public 

Gaming, at which time said cards may be disposed of by 

the licensee. 

B. Receipts for prizes. Receipts for prizes shall contain the 

following information: Thc name of the licensee operating the 

activity ; the date the transaction took place; the receipt 

number and the game number; the true name and address of the 

winner of the prize; a description of the prize won and any 

value of that prize, which has been represented to the player 

by the licensee. 

It shall be the responsibility of the licensee to see that the 

prize winners are properly and accurately identified upon the 

receipt for the-prize, and the licensee shall require such 

proof of identifi.F,tfon as is necessary to properly establish 

the winner's identldf,; licensee shall not pay out any 

prize unless 'and until khe-:w_inner has fully and accurately 

furnished to thenSicensee 'rilli$nformation required by this 

rule to be upon the recetpt foi the prize. One duplicate of 

each prize receipt shall be (given to the winner, and the other 

duplicate of prize receipts shall be retained by the licensee 

as part of its records for a period of not less than five (5) 

years. 

Section 421 ., All es tablishments, wherein bingo operations are to be conducted, 

must be certified as safe by, the Commissioner prior to the 
Page 13 NCA 

Section 422. 

Section 423. 

Section 424. 

Section 425. 

issuance of a license. alterations or modifications must 

approved by the Commissioner. 

Any premises licensed or any premises connected physically 

otherwise with a licensed business, including vehicles used 

connection therewith, shall at all times be open to inspection 

the Commissioner. At any time- during which a licensed gaming 

related administrative activity,is being conducted on a premises, 

 he Commissioner or any authorized representative of the 

Commissioner may enter upon ,the premises without advance notice 

and : - ,, 

'-'f,<.. .I, .. 

Make an account of all monies on the premises and all monies 

received during the operation of the licensed activity located 

on the premises, inspect all receipts for prizes which have 

been awarded by the licensee; 

Inspect any other records, accounts or other related 

information of the licensee, or of any member who directly 

participates in the management, operation, or promotion of a 

licensed activity; or of any employee of the licensee; or of 

any operator of the licensed activity; 

Inspect, including the dismantling of all pieces of equipment ' 

or parts thereof or devices. of any nature, which are being 

used to conduct the licensed activity. 

When the Commissioner finds cause to believe that there is a 

reasonable probability that the provisions of this Code, 

including any amendments thereto or any of the rules passed by 

the commihioner have been or are being violated by the 

licensee or "$ty+employees or operators, they may move to 

another location fp Jocations for further inspection or 

investigation of .ad$ ?nQ all records and any and all 

equipment, parF,. thereof ,-a v ces, or thing(s1 of any nature 

located upon thFpremisesq&ed to the operation of the 

licensed activity or 'any other2gambling activity. A receipt 

shall be issued to the lice~fsee or operator of the activity 

which shall list and describe ,each record, that piece of 

equipment or part thereof, device, or thing(s) which has been 

removed from the premises. Each such record, piece of 

equipment, part thereof, or thing(s) so removed shall be 

returned to the premises or to the address of the licensee 

within ten (10) days, except Saturdays, Sundays, and days when 

tribal offices are legally closed. After its removal in as good condition as it was when it was removed unless the 

Commissioner determines that the record, equipment, devices, 

or thing(s) so removed are necessary for an ongoing 

investigation and/or evidence of possible violations of this 

- Code or rules of the Commissioner by the licensee, by 

employers of the licensee or by operators of the licensed 

activity, or for possible forfeiture under Title I1 hereof 

with the Commissioner so notifying the licensee of the reasons 

said property or thing(s) are to be so held. 

beverage containing alcohol, including but not limited to beer 

or liquor; shalL be offered or awarded as a prize or in lieu of a 

prize for winning, at any of the activities authorized by this 

- Code, nor sold 0n'the;premises at any time. 

: : +.f 

No firearms, air 4yns wTiich Fe capable of discharging dangeroug 

projectiles or gases; includi&*@'bnot limited to "8.8. ts'' or CO 

guns, rifles, shotguns, pistols, dr' ievolvers shall be allowed on the premises, except as periittted br regulation of the Office of 

Publ-. 8. 

. .. ,., ..'C,, . r,, 

,:, 

No licensee or any of its members or employees, or any operator 

conducting or in any way participating in the conducting of any of 

the activities, which are authorized by this Code or by the 

Commissioner's rules, shall allow a person to play that activity 

on credit or shall grant a loan of any kind at any time to a 

person playing the activity. 
Page 14 NCA 84-04 

Section 426. 

Section 427. 

Section 428. 

Section 429. 

Section 430. 

Section 431 ., 

Section 432. 

Section 433. 

No person involved in the operation of any activity authorized by 

this Code or a rule of the Commissioner shall, directly or 

indirectly, in the course of such operation employ any device, 

scheme, or artifice to defraud; make any untrue statement of a fact, or omit to state a fact necessary in order to make a 

statement not misleading :in %consideration of the circumstances 

under which such statement was made; engage in any act, practice, 

or course of operation -as woiiydd:operate as a fraud of deceit upon 

any person. i,. 1 . "q, F, 

" J' 

Each licensee shall obtain, main'tain, and keep current a copy of 

the Bingo Code and all rules of the Commissioner and any 

amendments to either, which shall be located upon the premises 

used for the conduct of a licensed activity by a licensee during 

all times the activity is there conducted. The rules shall be 

produced by the licensee and shown to any person upon demand. The 

fact that the licensee may not have a current copy of each of the 

rules of the Commissioner shall not in any way diminish the 

licensee's obligation to abide these rules. 

No licensee shall conduct any activity authorized under this Code 

upon any premises, if the lease, license, contract, or any other 

agreement under which right to use said premises is not first 

fully disclosed to the Commissioner. 

No manufacturer or distributor shall make or have an agreement or 

understanding with any licensee that either of them shall be 

restricted in the operation and carrying on of business to a 

specific geographic area or areas, and such a restriction shall 

not be a condition of any sales between manufacturer, distributor 

and any other .l+qn~ee, Provided, that this shall not prevent a 

distributor or manufa~~turer from assigning sales territories among 

its bona fide represen$?~ives. 

J P-\ 

All licensees to insure that each 

manufacturer and or distributing 

equipment or other in said 

licensee's gambling 

resident or resident corporation sh?dl,l designate a natural person, 

who is a resident living in the Muscogee Nation and who is 

eighteen (18) years of age or older, as a resident agent for the 

purpose of receipt and acceptanc.e of service of process and other 

communications on behalf of the manufacturer distributor. The 

name and business address where service of process and delivery of 

mail can be made, and home address of such designated resident 

agent shall be filed with the Commissioner. All said 

manufacturers or distributors nus t be listed with the 

Commissioner. 

Immediately before the calling of each number in a bingo game, the 

caller shall turn the portion of the ball or other device used to 

determine which number is called, which shows the number and 

letter to the participants in the game, so that participants may 

know that the proper number is being called out. 

All licensees conducting games with a progressive payout feature 

will provide the Office of Public Gaming, for approval, the system 

for accumulation ,and account restrictions of funds so designated. 

The procedure and any amendments thereto must receive prior 

written approval of the:%opmissioner. Y :t 

All employees mu; t ,be lis t;d."'k,th the Commissioner. Such lists 

are to be kept current." * .P 

q/ (- 

TITLE V. - PARA HORS~IRACING . // 

(RESERVED) 

TITLE VI. - PARA DOG RACING 

(RESERVED) 
Page 15 f4CA 84-04 

TITLE VII. - OTHER PUBLIC GAMING 

Section 901. 

Section 902. 

TITLE IX. - REGULATION OF-UNPERMITTED PUBLIC GAMING 

Policy; Construction. It is hereby,declared to be the policy of 

the Muscogee Nation, recognizingW'.the close relationship between 

professional gambling and other organized crime, to restrain all 

persons from seeking profit from gambling activities in this 

reservation; to restrain all person from patronizing such 

activities when conducted for the profit of any person; to 

safeguard the public against the evils induced by common gamblers 

and common gambling houses; and at the same time to preserve the 

freedom of the press; and to avoid restricting participation by 

individuals in sport and social pastimes which are not for profit, 

do not affect the public and do not breach the peace. All the 

provisions of this title shall be liberally construed to achieve 

these ends, and administered and enforced with a view to carrying 

out the above declaration of policy. 

Definitions. As used in this Code: 

"Gain" means the direct realization of winnings; "profit" 

means any other realized or unrealized benefit, direct .or 

indirect, including without limitation benefits from 

proprietorship, management, or unequal advantage in a series 

of transactions. 

"~amblil;*g;* means risking any money, credit, deposit or other 

thing of value :for gain contingent in whole or in part upon 

lot, chance or' tiff ,operation of a gambling device, but does 

not include: bonaf iad cdntests of skill, speed, strength or 

endurance in 'which awardsppf made only to entrants or the 

owners of entrie;; bona -- fhe-$~siness transactions which are 

valid under the law p,f contracts; and other acts or 

transactions now or hereaffeg.expressly authorized by law. 

Vfhi, 

"Professional gambling" means accepting or offering to 

accept, for profit, money,. credit, deposits or other things 

of value risked in gambling, or any claim thereon or interest 

therein. Without limiting the generality of this definition, 

the following shall be included: pool-selling and 

bookmaking; maintaining slot machines, one-ball machines or variants thereof, pinball machines which award .anything other 

than an immediate and unrecorded right of replay, roulette 

wheels, dice tables, or money or merchandise pushcards, punch 

boards, jars or spindles, in any place accessible to the 

public; and conducting lotteries, gift enterprises, or policy 

or numbers games, or selling chances therein; and the 

following shall be presumed to be included: conducting any 

banking or percentage game played with cards, dice or 

counters, or accepting any fixed share of the stakes therein. 

"Gambling device" means any device or mechanism by the 

operation pf which a right to money, credits, deposits or 

other thingq,.of value may be created, in return for a 

consideration',j$st/tte result of the operation of an element 

of chance; any d&~#~e)cr mechanism which when operated for a 

considerati'on(.does dot @tPtrn the same value or thing of 

value for the same conside~atg.oq:pon each operation thereof; 

aW device, mechanism,, furn ere, fixture, construction or 

installation designed brimarily for use in connection with 

professional gambling; and any-sub-assembly or essential part 

designed or intended for use in connection with any such 

device, mechanism, furniture, fixture, construction or 

installation. But in the application of this definition an 

immediate and unrecorded right of replay mechanically 

conferred on players of pinball machines and similar 

amusement devices shall be presumed to be without value. 
"Gambling record" means any record, receipt, ticket, 

certificate, token, slip or notation given, made, used or 

intended to be used in connection with professional gambling. 

"Gambling information" means a communication with respect to 

any wager made in.:the course of and any information intended 

to be used for prof6ssi0,~~ gambling. In the application of 

this definition the fol.lq,<ing shall be presumed to be 

intended for use in' pr;pfessionkl gambling: information as to 

wagers, betting odds or'ch~n e in betting odds. cf: hCj, 

"Gambling premise" means any building, room, enclosure, 

vehicle, vessel or other place whether open or enclosed, used 

or intended to be used for professional gambling. In the 

application of this definition, any place where a gambling 

device is found shall be presumed to be intended to be used 

for professional gambling. 

"Whoever" and "person" include natural persons, partnerships 

and associations of persons, and corporations; and any 

corporate officer, director or stockholder who authorizes, 

particpates in, or knowingly accepts benefits from any 

violation of this act committed by his corpora tion. 

"Officer" means any deputy or designated agent of the 

Comnissioner, the Tribal Lighthorse Administration, or Tribal 

District Court. 

"Court" means the District Court of the Muscogee (Creek) 

Nation. n- 

'&.A G.2 .- . 

'--f 0. f a Section 903. Gambling; Exemption; ~$oYessional Gambling. \.' . '. 

( 1 ) Whoever enga&i&n gambha lici ts , or induces another to 

engage in gamblihkT,phall beRhed by the Commissioner or 

prosectued under ~eder&~aw. 

GG 

Q/?* ., (2) Natural persons shall be eltempt from prosecution and 

punishment under subsection (1) for' any game, wager or 

transaction which is incidental to a bona fide social 

relationship, is participated in by natural persons only, and 

in which no person is participating, directly or indirectly, 

in professional gambling. 

(3) Whoever engages in professional gambling or knowingly causes, 

aids, abets, or conspires with. another to engage in 

professional gambling shall be fined by the commissioner or 

prosecuted under Federal Law. 

Section 904. Gambling Devices; Gambling Records. 

All gambling devices are common nuisances and are subject to 

seizure immediately upon detection by any officer, who shall 

hold the same subject to confiscation and destruction by 

order of a court having jurisdiction. 

No prope&?fqgb$ in any gambling device shall exist or be 

recognized in' :an7ynperson, except the possessory right of 

off leers: enforcing &li'yc 1. .i /. A 

All furnishi&';i lixturck~aOijivent, and s rock including 

without limitation furnishinkg hnd fixtures adaptable to 

non-gambling uses, and 'equipment and stock for printing, 

recording, computing, transporting, safekeeping, or [except 

as otherwise provided in subseGtion (3) of Section 9051 

communication used in connection with professional gambling 

or maintaining a gambling premise, and all money or other 

things of value at stake or displayed in or in connection 

with professional gambling or any gambling device, shall be 
Page 17 NCA 84-04 

subject to seizure, immediately upon detection, by an 

officer, and shall, unless good cause is shown to the 

contrary ,by the owner, be forfeited to the tribe by order of 

a court having jurisdiction, for sale by public auction, or 

as otherwise 'provided by law. Bona fide liens against 

property so forfeited .shall, on good cause shown by the 

lienor, be transferred' ffom the property to the proceeds of 

the sale of the property:-'-"Forfeit monies and other proceeds 

realized from the enforcemht of this subsection shall be 

paid equally into the"gfnera1 funds of the tribe and the 

general funds of the politlca$ subdivision or other public 

agency, if any, whose off iced rake the seizure except as 

otherwise provided by law. 

Whoever knowingly owns, manufactures, possesses, buys, sells, 

rents, leases, stores, repairs or transports any gambling 

device, or offers or solicits any interest therein; whether 

through an agent or. employee or dtherwise, shall be fined by 

the Commissioner or prosecuted under Federal'Law. Subsection 

(2) of this section shall have application - - in the enforcement 

df- this subsegtion. 

Whoever knowingly prints, makes, possesses, stores, or 

transports any gambling record, or buys, sells, offers or 

solicits any interest therein; whether through an agent or 

employee or otherwise, shall be fined by the Commissioner or 

prosecuted under federal law, and in the enforcement of this 

subsection direct possession of any gambling record shall be 

presumed to be knowing possession thereof. 

Section 905. Gambling ~nformation. 

' 'f 'yf; 

Whoever knowingly,,-~rqnsmits or receives gambling information 

by telephone, tefegrhph3 radio, semaphore, or other means or 

equipment for the 

information shall be 

under Federal Law. 

. %,,, When any public utility is aQtified in writing by a law 

enforcement agency acting within its jurisdiction that any 

service, facility or equipment furnished by it is being used 

or will be used to violate this section, it shall discontinue 

or refuse the furnishing of such service, facility or 

equipment, and no damages, penalty or forfeiture, civil or 

criminal, shall be found against any public utility for any 

act done in compliance with such notice. Unreasonable 

failure to comply with such notice shall be prima facie 

evidence of knowledge against such.public utility. Nothing 

in this subsection shall be deemed to prejudice the right of 

any person affected thereby. to secure an appropriate 

determination, as otherwise provided by law, that such 

service, facility or equipment should not be discontinued or 

removed, or should be. restored. 

Facilities and equipment furnished by a public utility in the 

regular course of business, and which remain the property of 

such utlity while so furnished, shall not be seized pursuant 

to subsecfioq ,(3) of Section 904 of this act, except in 

connection kilthf?.an alleged violation of this act bv such 

foref el ted only upon con&tion 

Section 906. Gambling Premises. 

(1) All gambling premises ke3t-5pmmon nuisances and shall be 

subject to abatement by iaju&ion or as otherwise provided 

by Federal law. In any action brought under this subsection 

the plaintiff need not show damage and may, in the discretion 

of the court, be relieved of all requirements as to giving 

security. 
Page 13 .',C4 84-04 

(2) When any property or premise is determined by a court having 

jurisdiction to be a gambling premise, the owner shall have 

the right to terminate all interest of anyone holding the 

same under ibim, , ,I 2- . .'; 

(3) When any property or premise for which one or more licenses, 

permits, or certiSfica2&. issued by this Tribe, or any 

political subdivisions, -oi 'ytfier public agency thereof are in 

effect is determined by a coprt having jurisdiction to be a 

gambling premise; ''"alJ such licenses, permits, and 

certificates shall be ;aid,;,- and no license, permit, or 

certificate so cancelled shall-'be reissued for such property 

or premise for a period of six (6) months thereafter. 

Enforcement of this subsection shall be the duty of all 

officers and all taxing or licensing officials of this Tribe 

and its political subdivisions and other agencies. 

(4) Whoever as owner, lessee, agent, employee, operator, 

occupant, or otherwise knowingly maintains, or aids, or 

permits the maintaining of a gambling premise shall be fined 

or imprisoned, or both, and whoever does any act in violation 

of this paragraph within any locked, barricaded, or 

camouflaged place or in connection with any electrical or 

mechanical alarm or warning system or arrangement shall be 

prosecuted under Federal Law. 

Section 907. Repeated Offenses. 

Any person who has been convicted of a violation of Section 

903(2), 904(L), 905(1), or 906(4) of this act may upon any 

9O3(2), 9O4(4), gOS(l), or 906(4) 

be prosecuted fender under Federal Law. 

Section 908. Witness l&unity 

violation of this act, if a 

or produce evidence of 

be incriminated under 

in writing by the 

prosecuting attorney, shall, unless it finds that to do so would 

be clearly contrary to public interest, order such person to 

answer or produce the evidence, and that person shall comply with 

the order. After complying with the order, and if, but for this 

section, he would have been privileged to withhold the answer 

given or the evidence produced by him, such person shall not be 

prosecuted or subjected to penalty or forfeiture under this act 

for or on account of any transaction, matter or thing concerning 

which, in accordance with the order, he gave answer or produced 

evidence. He may nevertheless be prosecuted or subjected to 

penalty or forfef ture for any perjury or contempt committed in 

answering or failing to answer, in producing, or failing to 

produce, evidence in accordance with the order. 

TITLE X. - NOTICE TO RESERVATION RESIDENTS 

Section 1001. The Principal Chief shall publish 100 copies of' this Code and 

shall make them available for sale to the public at cost. 

1 ?,., , 

Section 1002. The Principal Chiqf,!shall publish a Legal Notice in one newspaper 

of gener'al - circulatide wtthin each Legislative District of the 

Muscogee Nation.,iSaid ~&&cnhall read as follows: L.,J eq bg 

The Muscogee ~afib~~,,h:s add&ed a. regulating public 

gaming within the Muscdgee, (creek) Nation. All natural and 

legal persons who reside:.!o,5- do business within tribal 

boundaries are hereby notified'.that said Code is in effect. 

Effective , 198 , general provisions have been 

adopted, the tribal office of Commissioner of Public Gaming 

is established, and ' Notice to Reservation Residents is 

required. 
Page 19 NCA 84-04 

Effective , 198 , tribal licenses are required for 

public gaming activities, rules of operation and general 

applicability for public gaming are in force, a Public Gaming 

Transaction Tax! is adopted, and unlicensed public gaming is 

One aspect bf'.':h_is &i&'that any person subject to this 

Code who operates bingo ga&aver state license shall also 

be required to obtain'jtribal licenses and to pay the Public -, ... ~arning Transaction Tax. :'A'bther aspect of this Code is that 

the Muscogee Nation has ad~pte'd?~~~e Model Anti-Gambling Act 

drafted by the National Conference of Commissioners of 

Uniform Laws. 

Copies of the Code are available for $ . from the Office 

of the Principal Chief, P.O. Box '580, Okmulgee, Oklahoma, 

74447. 

Is/ 

Principal Chief 

Muscogee (Creek) Nation 

(date) 

Section 1003. The Principal Chief shall request in writing that the Bureau of 

Indian Affairs cause the Notice in Section 1002 to be published in 

the Federal Register. Failure of the Bureau to publish said 

Notice shall not be construed as limiting notice to reservation 

residents. 

Section 1004. The Principal hie£ shall notify the National Conference of 

Commissioners k nqniform Laws that the Musconee - Nation has ado~ted 

ENACTED by the Muscogee this 23rd day of November, 

1985. 

IN UITNESS WHEREOF, the Presiding Off scogee (Creek) Notional 

Council has hereto attached his signature. 

Ru 

za#ney Robert/, Speaker 

Muscogee (creek) National Council 

CERTIFICATION 

I, the undersigned, certify that the foregoing is a true extract from the 

minutes of the Huscogee (Creek) National Council, comprised of seventeen members 

with thirteen members attending this meeting the 23rd day of November, 1985, and 

that the above is in conformity with the provisions therein adotped by a vote of 

Seven IN FAVOR, Six AGAINST, No ABSTENTIONS, and that said Ordinance has not 

been rescinded or amended in any way and that the above is the signature of the 

Speaker of the Muscogee (Creek) National Council. 

//I! 

Kay jfillie, Recording Secretary 

/1 ~udo~ee (Creek) ~atlonal council 

this % day of 

Ordinance under A 

(Creek) Nation. 
AN ORDINANCE 

"REGULATING GEE (CREEK) NATI@I1' .*,-. 

Section 100. Be it enacted by the Muscogee Nation in Council 

Section 101. FINDINGS. The National Council finds that: 

A. The Office of Public Gaming has suhaitted amendments to 

NCA 84-04 to the National Council for legislative Action. 

B. The amendments to NCA 84-04 have received a 'DO PASS" 

recarmendation from the Committee on Bwiqess and Governmental 

Services. 

Section 102. The National Council hereby authorizes and approves the 

amendmen& to NCA 84-04 .as recommended by the Cornnittee on Business and Governmental Services. 

Section 103. The Nationdl Council Secretary shall execute an original copy 

shall becane effective umn the (c?$f the Muscogee (Creek) 

IN WITNESS WHEREOF the Presiding Officer of the Muscogee (Creek) National 

Council has hereto attached his signature. 

Ndtional ~ouicil~ Muscogee Nation 

11 the undersigned, certify that the foregoing is a true extract from the 

minutes of the Woogee (Creek) National Council, comprised of seventeen 

members with thirteen 

Againstr No Abstentionsr and 

(Creek) National 

Council. 

y Wjllie, Recodding Secretary 

~atidnal Councilr-~uscogee Nation 
Page 2 

NCA 85-74 , and Amendment to NCA 84-04 

I? 

'' I, 

II the Principal Chief of the Muscogee (Creek) ~aki,??,,hereby affix my ,n 'I 

signature this day o- I 1985, to the above authorizing it 

to become an Ordinance under Article VIl Section VI of the Constitution 

of the Muscogee (Creek) Nation. / 

k& 

Claude A. Coxl principal Chief 

Muscogee (creek) ~ation 
BOUNDARIES OF THE MUSCOGEE NATION J /-; . . 2.i. 

Prior to 1707, the Muscogee ~akidn occupied a large aboriginal territory in 

Georgla, Alabama and Florida. ~hrough'a series of treaties with Great Britain 

and her colonies, tracts were ceded through-1733. In 1790, cessions to the 

United States were commenced. , I 

In 1830, the Indian Removal Act, 4 Stat. 412,, authorized exchanges of tribal 

lands east of the Mississippi River for new tracts west of the Arkansas 

territory. In 1832, the Muscogee Nation signed a Treaty which permitted the 

exchange to take place, Treaty of March 24, 1832, 7 Stat. 366. 

Less than eleven months later, the boundaries of the new tribal lands in the 

west were established by the Treaty of February 14, 1833, 7 Stat. 417, which 

provided: 

Article 11. The Vnited States hereby agree, by and with the consent of the 

Creek and Cherokee delegates, this day obtained, that the Muscogee or Creek 

country west of the Mississippi, shall be embraced within the following 

boundaries, viz: 

--Beginning at the mouth of the north fork of the Canadian river, and 

run northerly four miles -- thence running a straight line so as to 

meet a line drawn from the south bank of the Arkansas river opposite 

to the east or lower bank of Grand River, at its junction with the 

Arkansas, and which runs a course south, 44 deg. west, one mile, to a 

post placed in the ground -- thence along said line to the Arkansas, 

and up the same and the Verdigris river, to where the old territorial 

line crosses to a point twenty-five 

miles from the old territorial line crosses 

country -- thence place of beginning. 

I. 

The lines, hereby defining the country -6i3thF. ~uscogee Indians on the north 

and east, bound the country of the Cherokee ahg these courses, as settled 

by treaty concluded this day between the United States and that tribe. 

Article 111. The United Sates will grant a patent, in fee simple, to the 

Creek Nation of Indians for the land assigned said nation by this treaty or 

convention, whenever the same shall have ratified by the President and 

Senate of the United States -- and the right thus guaranteed by the United 

S rates shall be continued to said tribe of Indians, so long as they shall 

exist as a nation, and continue to occupy the country hereby assigned them. 

This area was diminished by the Treaty of August 7, 1856, 11 Stat. 699, which 

provided a tract between the north and south forks of the Canadian River, west 

of Pond Creek, to the Seminoles. 

The 

785, 

tribal area was diminished again by the Treaty of June 14, 1866, 14 Stat. 

which provided: 

Article 3. In compliance with the desire of the United States to locate 

dther Indians and freedmen thereon, the Creeks hereby cede and convey to 

the United States, to be sold and used as homes for such other civilized 

Indians as the United States.may .~hoose to settle thereon, the west half of 

their entire domain, to be dividedfb~~a line running north and south: .- the 

eastern half of said Creek lands, bein&-retained by them, shall, except as 

herein otherwise stipulated, 'be foreverhLe-pmpart as a home for said Creek 

Nation. . 2;) , >,.% J 

:j ,% 

Article B. It is agreed that Secretary dfi'the$nterior forthwith cause the 

line dividing the Creek country, as provided for by the terms of the sale 

of Creek lands to the United States in article third of this treaty, to be 

accurately surveyed under the direction of the Commissioner of Indian 

Affairs,, the expenses of which survey shall be paid by the United States. 
The conditional cession in Article 3 (supra) was released by the Muscogee Nation 

in the Agreement of January 19, 1889, 25 Stat. 757. 

Since the ratrfications of the 1889 Agreement, the boundaries of the Muscogee 

Nation have not been altered nor diminished by an Act of Congress, nor has any 

federal statute abolished said boundaries, nor has any federal statute 

terminated the tribal government of this tribe,, nor has any tract of land been 

severed from the reservation by Act ,of -Congrs~s.: , . r,?, , 
ATTACHMENT B 

NCA 88-51 

AN ORDINANCE OF THE MUSCOGEE (CREEK) NATION TO AUTHORIZE THE SENDING 

Section 100. 

Section 101. 

Section 102. 

Section 103. 

Section 104. 

Section 105. 

AND RECEIVING OF SATELLITE BINGO TRANSMISSION SERVICES 

Be it enacted by the Muscogee Nation in Council Assembled: 

FINDINGS. The National Counci 1 finds that: 

A. The Muscogee (Creek) Nation, in order to create avenues for 

economic growth and to utilze technologies for the econmic advancement 

of the Nation, hereby establishes this the Sate1 li te Bingo Ordinance. 

Definition. Satellite Bingo is the activity wherein bingo games are 

electronical ly transmitted by the utilization of 1 ive or pre-recorded 

pictures or date from predesignated satellites owned, leased or thru 

use of agreement to authorized sending units, places or areas. 

It is hereby determined that in the best interest of the Muscogee 

Nation, 1 i censi ng and regulation should be established to preserve and 

protect the interests of the Nation. 

A new class of licensing for satellite bingo titled "Class S" shall be 

established and may be issued by the Comnissioner of Public Gaming at 

an annual rate of'. 51,200 for the revocable privilege of transmitting 

sate1 1 i te bingo games in a speci fic location within the reservation. 

Upon enactment, thi 4 "Class S" 1 icense classification shall become 

effective immediately. 

"Class S" licensees shall and must abide by the rules and regulations, 

as set out in NCA 84-04, as amended. 

Approval of leases or contracts for satellite bingo enterprieses 

betwewen the Muscogee Nation and any third party will be facilitated 

thru Ordinance. 

Enacted by the Muscogee (Creek) National Council on this 27th day of August, 1983. 

IN WITNESS WHEREOF, the Presiding Officer of the Muscogee (Creek) N 

has hereto attached his signature. 

Natf onal Council, Muscogee Nation 

CERTIFICATION 

I, the undersigned, certify that the foregoing is a true extract from the minutes 

of the Muscogee (Creek 1 National Council, comprised of 

members attending this meeting on this .fl day of 

t at the above is in conformi ty with the provlslons Ulerei 

of & in favor, f against. / abstentions, and t 

signature of the Spea er of the Muscogee (Creek) National Council. 

APPROVAL 

I, the Principal C ee (Creek) Nation hereby affix my signature 

this / day of CA 88-5 to authorize it to become an Ordinance 

undermcle VI, nstitu & ion yf the Muscogee (Creek) Nation. &&,&- A- 84 

Claude A. Cox. Prlnclpal Chief 

Muscogee (Creek) Nation 
INDEX OF REGULATIONS 

84-01 ................................................ Space Requirements 

84-02 .............................................. Sale or Use of Alcohol 

84-03 .............................................................. Credit 

84-04 .................................................. e of Workers 

84-05 ............................................................. Sundays 

84-06 ................................................ Visitors to Facility 

84-07 .................................... Drivers of Chartered Vehicles 

84-08 ........................................................... Pull-Tabs 

84-09 .................................................. Paying of Winnings 

84-10... ....................................................... re Games 

84-11 ......................................................... Door Prizes 

84-12 ................................................. Wage Law Compliance 

84-13 ................................................ Compliance with Laws 

84-14. ................................ Notice of Cost and Prize (Specials) 

84-15.. .............................................. Illicit Remuneration 

84-16 ............................................................ Security 

84-17 ...................................... Initial Accounting Procedure 

84-18 .......................................................... Disclosure 

84-19 ........................................................... Personnel 

84-20 ........................................................... Insurance 

84-21 .............................................. Sanitation Regulations 

84-22 .......................................................... Assigment 

84-23.. .............................. Tern in Advance of Expiration 

84-24 ................................. Records, Consideration and Payments 

84-25 ..................................................... Indemnification 

84-26 ................ Provisions Applicable upon Expiration or Termination 

85-01 .............................................Employee Suspension 

85-02 .......................................................Caller's Area 

85-03 ...........................................Oficial Representative 

85-04 ...................................................Proper Attire 

85-05 ....... Prohibited Advertising/Publication/Materials and Distribution 

85-06 ...................................... General Manager On Premises 

85-07 ............................................................Firearms 

86-01 .................................................Operations/Controls 

86-02 .............................................Clandestine Activities 

86-03 ..........................................Identiication Standards 

89-01 .....................................Verification of Satellite Game 

89-02 .................................................Do-It-Yourself Game 

89-03 .......................... Application Fee and Investigation Expense 

90-01 .....................................Posting of Gaming Ordinance 

90-02 ...............................................Manager Off Premises 

90-03food Service Sanitation 

90-04 .................................... EmergencylEvacuation Procedures 

91-01 ..................................... Employee Gaming License/Permit 
B.I.A. APPROVAL 

I 

I 

PRINCIPAL 

I CHIEF 

Secretary 

Secretarv 

Security - f-

General Mgr. 

BREIF DESCRIPTIONS OF FUNCTIONS OF ENTITY 

Leeal Counsel 

bperat ions ~~rl 

I 

Legal advisor to Principal Chief and Commissioner. Legal interpretation of 

NCA Ordinances, Muscogee (Creek) Nation Constitution, state, county, municipal, 

or federal law affecting the interest of the Muscogee (Creek) Nation with 

regard to gaming and related activity. 

Security 

Protect the patrons, premises, and assets on Muscogee (Creek) Nation tribal 

trust land under the direction and responsibility of Management, however; 

the Commissioner shall have contingent ad hoc authority to administer and 

enforce the provisions of NCA 84-04. 

Management 

Manage and operate for the benefit of the Muscogee (Creek) Nation and Indian 

Country U.S.A. 

Commissioner 

Verify operation of gaming and related activity is conducted according to 

standards and policies as established by NCA 84-04, the Muscogee 

Nation Constitution, and applicable federal laws. 

(Creek) 
REGULATION 84-01 

SPACE REQUIREMENTS 

In order that the office of Public Gaming may fulfill 

its functions and duties, as established by NCA 84-04, 

it shall be a requirement of a licensee to furnish 

adequate space and facilities for the Commissioner 

and/or his staff as provided for by this regulation. 

Set forth in the following outline is the space required 

as it applies to the various levels of gaming 

activities. 

A. Activities involving less than 500 

participants. 

Space for viewing, auditing and any other 

activity, shall consist of desk space 

and the use of typewriter, calculator, 

telephone, etc., as may be necessary, 

to carry out related activities. 

Space requirement shall be 1% of total 

gaming area and its related activities, 

minimum of 100 sq. ft. 

Space shall provide visibility of the 

gaming area and caller. If office space 

is not situated as such it shall be the 

privilege of the Commissioner to utilize 

any other facilities available, in order 

to accomplish this goal, at and during 

times as may be necessary. 

Page 1 of 3 
Page 2 of 3 

4. The work area shall be available during 

normal business hours and any other time 

as required, upon proper notice, in order 

to conduct the business of the Gaming 

Commissioner or his representative. 

Activities involving 500 or more participants . 

Space requirements shall be based on 

total footage allocated or provided as 

gaming area and other related activities 

as they may apply when they are part 

of or supportive to the gaming function 

(with the exception of adjoining storage 

facilities, barns, stables, etc., which 

may be related but detached). 

Space allocation shall be 1% of total 

sq. ft. plus 1/10 of 1% per one hundred 

of planned designated seating of 

participants or; 1% plus 100 sq. ft. 

per fraction of each 300 planned 

participants. The only exception being 

Class "P" & "D" License which shall be 

1% plus 100 sq. ft. per every 3,000 

seating capacity. This office space shall 

be separate, permanent and provide a 

view of gaming area, caller and related 

activities. It shall have separate 

comfort facilities (bathroom, heating, 

and cooling) and be independent of main 

systems. Viewing shall be afforded 

utilizing glass. 
Page 3 of 3 

3. Space as provided under this regulation 

for activities by Gaming Commissioner's 

Office shall be included in the 

preliminary planning state of any new 

construction and remodeling of exisit ing 

structure where applicable for licensing 

under Class "P", "T" and "D". 

Section 203 of the Ordinance. 
REGULATION 84-02 

SALE OR USE OF ALCOHOL 

The sale or allowed use of beverage or drink containing 

alcohol including but not limited to beer or liquor 

will not be permitted. Neither will items identified 

as such be offered or awarded as a prize or in lieu 

of a prize for winning or as a consolation prize by 

the licensee, or as a gift, consideration, or gratuity 

to employees, or people of unofficial employee status. 

Section 423 of the Muscogee (Creek) Nation Public Gaming 

Ordinance is in effect at all times. 
REGULATION 84-03 

CREDIT 

The Muscogee (Creek) Nation Public Gaming Ordinance 

prohibits credit with the exception of major credit 

cards, travelers checks, or money orders. There will 

be no exceptions made by the licensee or any of it's 

member or employees, agent or operator. 

No person shall play on credit, receive merchandise 

on credit, sign for games or merchandise, be granted 

a loan or gift by licensee to play or participate. 

Items of value offered as barter or exchange for the 

privilege of playing or for merchandise is prohibited. 

Major credit cards with proper identification will be 

accepted only for price of admission and merchandise. 

The licensee will establish and institute procedures 

and follow such to assure the Gaming Commissioner that 

all credit card, money order, and traveler check 

transactions are made in accordance with established 

business practices, approved of by the Commissioner. 

Personal checks are considered credit and will not be 

accepted. 

Section 425 of the Ordinance. 
REGULATION 84-04 

AGE OF WORKERS 

In accordance with the Muscogee (Creek) Nation Public 

Gaming Ordinance no one under the age of eighteen (18) 

shall be employed in any capacity by the licensee of 

a Class "P" or "T" license. Neither shall they operate 

or be allowed to participate in any manner in the 

operation of any bingo activity. It shall be the 

responsibility of the licensee to determine that no 

unauthorized person under the age of eighteen (18) 

be allowed to participate in any manner in the 

operation of any bingo activity. 

Section 407 of the Ordinance. 

REGULATION 84-05 

SUNDAYS 

It is hereby established that the hours of Sunday bingo 

activity be between the hours of 12:OO noon and 7:00 

p.m. The facility may open prior to or close after 

established hours, but shall not conduct bingo (the 

calling of numbers) before 12:OO noon as defined by 

Section 110 of the Ordinance. 

Pull-tab activity shall be limited to the hours the 

doors of the facility are open to the general public. 

No employees or person(s) shall purchase or engage 

in pull-tab activity before or after the hours 

established as the normal hours of business. 

Section 110 and 204 of the Ordinance. 
REGULATION 84-06 

VISITORS TO FACILITY 

No admission to anyone beyond the lobby area unless 

they are accompanied by someone paying the regular t 

admission fee and if seating space is available. 

The Management or Commissioner may grant' visitor or 

guest status to individuals as it may pertain to their 

official function. 

No person(s) under the age of eighteen (18) shall be 

allowed in the gaming area. (Tulsa facility lower floor 

level. ) 

No person(s) under the age of sixteen (16) shall be 

allowed on the premises. 

No person(s) under the age of eighteen (18) shall be 

allowed to participate in gaming activity. 

Section 203 and 407 of the Ordinance. 

Rev. 5-31-85 
REGULATION 84-07 

DRIVERS OF CHARTERED VEHICLES 

Drivers of chartered vehicles (buses, vans, etc. ) shall 

be considered an unofficial employee and permitted 

access to the facility. Licensee shall be responsible 

for activities and conduct of such individuals while 

on the premises. The responsibility for suitable methods 

of operation rest at all times with the licensee. The 

Transportation Officer shall report to the Commissioner 

in writing any incidents involving vehicle accidents, 

vehicle related personal injury accidents, personal 

incidents involving drivers of chartered vehicles, etc. 

that concern his office or such incidents that tfie 

Commissioner may request of his office. 

Sections 203 and 419 of the Ordinance. 

REGULATION 84-08 

PULL-TABS 

Sales and distribution of pull-tabs shall be limited: 

A. To hours stated as the normal hours of business 

as pertains to each facility; 

B. To the gaming area (Tulsa facility lower floor 

area) ; 

Cashed pull-tabs shall be voided (by punching, marking, 

etc.) at time of payment. 

When pull-tab activity is the only gaming activity at 

a facility, the facility's business hours will regulate 

hours of sale and activity of pull-tabs. 

No prize or any form of consideration shall be awarded, 

given or issued by licensee before or after the hours 

established as the normal hours of business. 

Section 203 of the Ordinance. 

Rev. 5-31-85 
Revised 

11 /3O/88 

REGULATION 84-09 

PAYING OF WINNINGS 

Licensee shall make known to the prize winner and licensee shall have the 

privilege of paying by check or cash at the request of prize winner, to the 

amount of $2,500.00 or less. 

A prize exceeding $2,500.00 may be paid in form of check or cash at the request 

of the prize winner while the remaining portion in the amount or in excess 

of $2,500.00 shall be satisfied by check. 

All prizes or monies awarded to winners in excess of $1,200.00 in cash or fair 

market value shall be awarded to the individual after indentification 

establishing the winner and the individual filling out IRS Form W-2G are the 

one and the same true person so identified. Additionally, IRS Form 1040-ES, 

or equivalent estimated tax forms, shall be issued to all such winners who 

did receive the Form W-2G. 

Such prize winners will be receipted for the prize or monies they receive and 

asked to sign a receipt. Upon completion of IRS Form W-2G and signature for 

receipt, prize or monies shall be released to that individual. 

Copies of IRS Form W-2G and signed receipt for prize or monies won shall be 

provided to the winner, IRS, licensee and the Commissioner by licensee. 

IRS Form W-2G and prize receipt copies shall be provided by licensee minimally 

once a week to the Office of the Gaming Commissioner. 

Section 203 of the Ordinance. 
REGULATION 84-10 

FREE GAMES 

In concurrence with the Ordinance, awarding of free 

playing shall be prohibited with the exception of 

specified free games won as door prizes. 

Section 409 of the Ordinance. 

REGULATION 84-11 

DOOR PRIZES 

Door prizes by drawing may be awarded including free 

specified games. 

No beverage containing alcohol shall be offered as a 

prize or in lieu of a prize. 

No firearms or air guns, which are 

discharging dangerous projectiles, shall 

or awarded as a prize. 

capable of 

be offered 

Section 423 and 424 of the Ordinance. 
REGULATION 84-12 

WAGE LAW COMPLIANCE 

Licensee shall abide by all federal laws where 

applicable in relation to wage(s) and hours worked 

including such benefits, compensation, earnings, 

deductions as stated by statute(s ) . 

Licensee shall not adjust, compensate, reimburse, 

indemnify, or settle account with employee other than 

by the regular, prescribed practice of issuing a 

serialized numbered payroll check recorded and holding 

such document by copy as an instrument of record for 

inspection. 

Section 203, 419 and 422 of the Ordinance. 

REGULATION 84-13 

COMPLIANCE WITH LAWS 

Licensee shall comply with all federal laws, ordinances, 

rules and regulations of the Muscogee (Creek) Nation. 

Licensee shall not suffer to be done anything on 

premises, in the operation of, the gaming activity and 

facility in violation of any such laws, ordinances, 

rules or regulations as they may pertain to restricted 

Indian trust lands. 

Sections 203 and 204 of the Ordinance. 
Revised 

1/30/89 

REGULATION 84-14 

NOTICE OF PROMOTIONS AND ADVERTISEMENT 

Cost of "specials" shall be published and notice given. Licensee shall make 

known to the public by announcement, print, and signs any "special(s)" included 

in the gaming activity. 

All advertisement and promotional material shall be subject to the 

review/approval of the Commissioner. Licensee shall be required to submit the 

proposed materials for approval in a reasonable amount of time (at least 48 

hours) prior to the publication of same, thereby allowing ample time for 

thorough review by the Commissioner. 

Universal or generic type materials may be reviewed/approved on a quarterly 

basis. Thus, additional publication of the materials, which do not deviate 

from the immediate preceding approved version, do not require approval, 

provided that same is submitted within the three month time frame. However, 

materials which do deviate from the preceding version shall be submitted to 

the Commissioner for review/approval. 

Section 203 of the Ordinance. 

REGULATION 84-15 

ILLICIT REMUNERATION 

Licensee or employees shall accept nothing of value, 

take advantage, or benefit in exchange for extending 

business privileges to manufacturer, distributor, 

supplier, etc. other than by promulgated agreement. 

Licensee or employees shall not engage to defraud by 

depriving the Muscogee (Creek) Nation its right to have 

its affairs conducted free from kickbacks, bribes, 

payoffs, corruption, and conflict of interest. 

Sections 203, 419 and 426 of the Ordinance. 
REGULATION 84-16 

SECURITY 

All security personnel will undergo a background check 

by the licensee, and a copy shall be provided to the 

Commissioner. 

Licensee shall give first consideration of in-house 

security sub-contractors and/or security personnel to 

citizens of the Muscogee (Creek) Nation. 

Uniform and accessories worn by security personnel shall 

be standard in color and design. 

Nameplates shall be worn on the uniform identifying 

the person and bearing the name of the licensed gaming 

operation; ie. Creek Nation Bingo, picture, and social 

security number of the individual attached to the badge 

or emblem bearing the identity of the security firm. 

The Commissioner of Gaming shall retain the privilege 

to place the aggregate level of personnel required to 

secure the vested interest of the Muscogee (Creek) 

Nation. 

The Office of Public Gaming shall reserve the right 

to cause with reasonable and cautionable care any 

objectionable person or persons to be ejected or removed 

from the premises. 

Page 1 of 2 
Page 2 of 2 

The Commissioner of Gaming or his office representative 

shall have contingent authority of security personnel 

in/for preserving the vested interest of the Muscogee 

(Creek) Nation and the vested interest of the second 

party of any joint venture entered into by the Muscogee 

(Creek) Nation. This privilege shall be superior to 

any rights of licensee yet not relieve licensee of 

responsibility and liability of the actions of security 

personnel on such warranted occasions. 

The terms of the security contract shall be fully 

disclosed with a copy provided by licensee before any 

authorized activity under this Ordinance is conducted. 

Sections 203, 204, 421 and 428 of the Ordinance. 
REGULATION 84-17 

INITIAL ACCOUNTING PROCEDURE 

Licensee shall submit a proposed Accounting Policy and 

Procedure Manual and flow chart of accounting system 

proposed to be used, subject to approval. 

Such proposed Accounting Policy and Procedure Manual 

shall include and establish the following: 

1) Personnel: Requirements establishing 

competence and integrity of personnel in key 

positions, the independence of their assigned 

functions, and their understanding of the 

prescribed procedures. 

Segregation of Functions : Separation of 

personnel responsible for recordkeeping, 

personnel responsible for custody of or access 

to assets, and personnel responsible for 

authorization signatures. 

Execution of Transactions: Requirements that 

transactions are executed as authorized, that 

authorizations are issued by persons acting 

within the scope of their authority, and that 

transactions conform with the terms of 

authorization. 

Recording of Transactions : Recording of 

transactions at the amounts and in the 

accounting periods in which they were executed 

and be classified in appropriate accounts. 

Access to Assets: Require that access to 

assets be limited to authorized personnel. 

Page 1 of 2 
Page 2 of 2 

Comparison - of Recorded Accountability 

with Assets: Requirements to determine 

whether the actual assets agree with 

the recorded accountability, and 

consequently achieving reliability of 

the records for preparing financial 

statements. 

Section 401 of the Ordinance. 
REGULATION 84-18 

DISCLOSURE 

Licensee shall produce a copy of all agreements written 

or otherwise expressed entered into affecting this 

Ordinance or related to the vested interest of the 

Muscogee (Creek) Nation. 

Such copy shall be a true copy disclosing all 

information necessary for determination by the 

Commissioner that the agreement does not deprive, 

defraud, or neglect the interest of the Muscogee (Creek) 

Nation. 

Any delay, maneuver, or action of any kind effected 

by the licensee to avoid full disclosure shall meet 

with sanctions provided by this Ordinance. 

Sections 203, 404, 417, 418, 419, 422, 426, 428 and 

429 of the Ordinance. 
REGULATION 84-19 

PERSONNEL 

Licensee may employ such persons as may be necessary 

to the operation of the gaming facility herein granted 

under such terms and conditions as may be satisfactory 

to licensee and such employees. It is specifically 

understood and agreed that licensee is the employer 

of any such persons, that as such, licensee is solely 

responsible and assumes all liability for the actions 

and conduct of said employees perspicuous to the 

Management Agreement, and that such employees are not 

the agents, servants, or employees of the Muscogee 

(Creek) Nation. It is further understood and agreed 

that all employees of licensee, if any, shall be 

competent, qualified persons who shall at all times 

maintain a personal cleanliness, neat appearance, and 

shall present a courteous and cooperative attitude to 

the public. In the event any employee of licensee is 

found lacking in the standards herein required or for 

any other reason is deemed unsatisfactory to the 

Commissioner, the Commissioner shall give licensee 

written notice stating the reasons for such dissatisfaction, and licensee shall within two (2) weeks of 

receipt of such notice advise the Commissioner in 

writing of the steps which have been taken to correct 

the reasons causing notice to licensee of such 

dissatisfaction. In the event any second notice by the 

Commissioner of an individual employee's unsatisfactory 

appearance or conduct is required, licensee shall not 

permit any such employee to continue to work at any 

operation of the gaming concession granted. This 

provision regulation is not to be construed so as to 

vest control in the Commissioner of the actions of any 

of licensee's employees, but rather such provision is 

intended only to establish a requisite standard of 

personnel to be employed by licensee. 

Section 418 and 419 of the Ordinance. 
REGULATION 84-20 

INSURANCE 

INSURANCE. During the term of this license, licensee 

shall, as an operating expense, maintain in full force 

and effect such insurance policies (underwritten by 

an insurance company authorized to do business in the 

state of Oklahoma and the Muscogee (Creek) Nation) in 

such form and with such endorsements as shall protect 

the Muscogee (Creek) Nation against any and all damages, 

claims or expense resulting from the operation of any 

and all gaming and related activities granted licensee. 

Specifically, licensee shall maintain an adequate 

general liability insurance policy, which shall provide 

insurance coverage in the sum of not less than One 

Million Dollars ($1,000,000.00) for property damage, 

One Million Dollars ($1,000,000.00) for any single 

person injured, and Three Million Dollars 

($3,000,000.00) for multiple persons injured in any 

one accident. Whereas there is a food and beverage 

concession herein granted, such general liability 

insurance policy shall include a products liability 

insurance endorsement, providing coverage of up to One 

Million Dollars ($1,000,000.00) for personal injuries; 

and, because it is specifically herein anticipated that 

the activities hereunder granted will require licensee 

to utilize motor vehicles in the provision of security, 

licensee shall provide automobile ( inclusive of pickups 

and trucks, if applicable) liability insurance in the 

same amounts of liability as required for the general 

liability insurance policy. 

Page 1 of 2 
Page 2 of 2 

All such policies of insurance shall name the Muscogee 

(Creek) Nation, a federally recognized Indian Nation, 

as an "additional insured" thereunder. In the event 

of cancellation, termination or material alteration 

of any of the insurance policies and minimum liability 

limits herein required, the insurance company issuing 

said policies must give the Muscogee (Creek) Nation 

and the Office of the Commissioner of Public Gaming 

at least 15 days prior written notice of such 

cancellation, termination or material alteration, and 

upon receipt of such notice this license shall come 

under consideration of penalty. 

Until such insurance policies or certificates of 

insurance showing full compliance have been approved 

by the Tribal Attorney and a copy filed with the 

Commissioner of Public Gaming of the Muscogee (Creek) 

Nation, this license shall be without force and effect 

and any person who engages in activities on property 

shall be in violation of the Ordinance. Each day of 

violation shall constitute a separate count or violation 

of this Ordinance. 

Section 203, 204, 215 and 419 of the Ordinance. 
REGULATION 84-21 

SANITATION REGULATIONS 

Licensee shall at all times conduct the business and 

operation of this gaming concession in strict compliance 

with all federal ordinances and all health, safety and 

protective laws, codes, ordinances or regulations as 

standards applicable to the facility accepted by the 

Muscogee (Creek) Nation and the Commissioner of Gaming. 

Licensee shall at all times keep the premises and all 

equipment located therein clean, sanitary and in such 

attractive condition as may be satisfactory to the 

Muscogee (Creek) Nation and the Commissioner. Licensee 

hereby specifically agrees to comply with any and all 

reasonable directions which may be given by the Muscogee 

(Creek) Nation or the Commissioner of Gaming, relative 

to maintaining such attractive and sanitary conditions. , 

Licensee shall, from time to time, maintain an area 

surrounding the facility to assure that same is kept 

in a neat, attractive and sanitary condition. Licensee 

shall pursue whatever steps are reasonably necessary 

to assure waste material and refuse created from the 

facility is removed so that in no event will same become 

offensive or create any health or sanitation hazard. 

Licensee shall neither commit nor, to the extent 

reasonably possible, permit any nuisance to be committed 

within the area immediately surrounding the facility. 

Section 418, 419, and 421 of the Ordinance. 
REGULATION 84-22 

ASSIGNMENT 

This license is personal to licensee and shall not be 

transferred or assigned without the written consent 

of the Commissioner of Gaming. 

Section 309 of the Ordinance. 

REGULATION 84-23 

TERMINATION IN ADVANCE OF EXPIRATION 

In the event of licensee's failure to comply with any 

of the terms, regulations, or conditions herein set 

forth, the Commissioner of Gaming may deny, limit, 

condition, suspend or restrict any license upon the 

giving of five (5) days prior written notice to 

licensee. Time is hereby expressly declared to be of 

the essence of this regulation, and should licensee 

fail to make an accounting of and/or promptly make any 

of the payments as required by licensee, the 

Commissioner of Gaming at his option, may fine, revoke, 

suspend, limit or refuse to renew the license of any 

licensee. In cases where a license is suspended prior 

to a hearing, an opportunity for a hearing shall be 

provided. 

In the event of voluntary or involuntary bankruptcy 

or receivership of the assets of licensee, this license 

shall automatically and immediately terminate, except 

as to licensee's liability for sums then due and owing 

the Muscogee (Creek) Nation. 

Section 209 and 403 of the Ordinance. 
REGULATION 84-24 

RECORDS, CONSIDERATION AND PAYMENTS 

Licensee shall keep true, accurate and correct accounts 

and records of the business authorized and such records 

shall be subject to inspection by the Commissioner's 

office during any regular business day and at any 

reasonable hour thereof. On or before the 15th day of 

each calendar month, licensee shall submit to the 

Commissioner a true and correct itemized statement of 

licensee's gross and net receipts for the preceding 

calendar month and as consideration for the granting 

of this business shall pay to the Muscogee Nation it's 

due percentage collected from the operation of gaming 

and related activities during such immediately preceding 

calendar month. Licensee hereby specifically agrees 

to file such report and pay amounts due by the 15th 

day of the month immediately following the month in 

which this Agreement is terminated. 

Acceptance by the Muscogee (Creek) Nation of the amount 

tendered by licensee shall not be deemed an accord as 

to the actual amount owed by licensee, but the actual 

amount due the Muscogee (Creek) Nation shall remain 

subject to audit by the Muscogee (Creek) Nation of 

licensee's accounts. However, submission and tender 

of an amount by licensee shall be conclusive as to 

licensee after ninety (90) days from the due date of 

such submission or tender and no claim for overpayment 

of the required percentage shall be made by licensee 

or honored by the Muscogee (Creek) Nation after said 

period. 

Page 1 of 2 
Page 2 of 2 

In addition to other records previously herein required, 

licensee shall also keep a daily ledger or account book 

reflecting daily itemization of all receipts and 

disbursements related to licensee's operation of this 

business and such ledger book, together with the 

itemized statement previously herein required, shall 

be submitted monthly to the Commissioner's office for 

audit thereof. Licensee also agrees to adhere to and 

abide by all accounting rules and requirements which 

have been or may hereafter be promulgated by the office 

of the Commissioner of Public Gaming of the Muscogee 

(Creek) Nation. 

Section 203 and 401 of the Ordinance. 
REGULATION 84-25 

INDEMNIFICATION 

Licensee agrees to wholly indemnify and hold the 

Muscogee (Creek) Nation harmless for any claim, loss, 

damage or injury to any persons or property, which 

claim, loss, damage or injury arises directly, 

indirectly or consequentially from licensee's operation 

of this business. Such indemnification agreement shall 

apply regardless of whether policies of insurance as 

herein required or furnished by licensee provide 

coverage for any such claim, loss, damage or injury 

to person or property. 

Section 203 of the Ordinance. 
REGULATION 84-26 

PROVISIONS APPLICABLE UPON EXPIRATION 

OR TERMINATION 

Upon the expiration or termination of a Management 

Agreement, licensee shall surrender to the Muscogee 

(Creek) Nation quiet and peaceable possession of all 

premises utilized by licensee in the operation of this 

business, and together with any and all improvements 

therein or thereon, specifically exempting such portable 

buildings, fixtures and equipment that licensee may 

have used in connection with such business and which 

have been supplied and are owned by licensee and which 

are removable without damage to any pertinent structure 

and the premises therein or thereon located. Licensee 

shall execute, if applicable, such bills of sale, 

assignments or transfers as may be necessary or 

convenient to transfer title of any improvements and 

equipment not so furnished or owned by licensee or which 

are left upon the premises more than thirty (30) days 

subsequent to termination or cancellation of this 

Agreement. Muscogee (Creek) Nation's rights to any such 

property shall be superior to the rights of any and 

all persons with respect to any such improvements and 

equipment, and licensee shall execute the bills of sale, 

assignments or transfers as previously hereinbefore 

required in such a manner as to convey same to the 

Muscogee (Creek) Nation free and clear of any lien, 

claim or mortgage of any kind with respect thereto. 

Section 203 and 419 of the Ordinance. 
The Commissioner of Public Gaming, July 1st 

to date, has promulgated twenty-six (26) 

regulations in accordance with the responsibilities and duties established under Title 

I1 - Section 203 of the Muscogee (Creek) Nation 

Gaming Ordinance. Each regulation has been 

scrutinized and reviewed to assist in 

establishing credibility to the administration, 

enforcement and regulation of all aspects of 

gaming activity on Muscogee (Creek) Nation 

land. 

Future regulations promulgated by the Office 

of Public Gaming shall as it's goal protect 

and secure the interest of all citizens engaged 

in gaming within the exterior boundaries of 

the Muscogee (Creek) Nation. 
Revised 

11/30/88 

REGULATION 85-01 

EMPLOYEE SUSPENSION 

Suspension of an employee of a licensed gaming facility shall be of two 

categories. 

A. The individual shall be put on notice of suspension, and upon the act 

of suspension the individual shall receive day(s) off without pay. 

B. The individual shall be placed upon immediate suspension without pay. 

However, if the allegation brought forward as the reason for suspension 

are not upheld or confirmed, the individual shall receive pay for the 

scheduled hours of work missed on :he next scheduled pay period. 

Further, upon disciplinary action, i.e. suspension, termination, licensee shall 

be required to inform the individual of the grievance procedure and shall issue 

a written copy of same. 

Section 204 and 419 of the Ordinance 

REGULATION 85-02 

CALLER ' S AREA 

Licensee shall neither allow food or drink in the 

designated caller's area of the bingo operation. This 

defined area shall be utilized with the intent to 

promote a business and professional approach to this 

area of operation with no disturbance by way of food, 

drink, or other intrusions. 

Licensee shall provide callers with appropriate time 

and/or substitute to take care of his/her personal 

needs. 

Section 204 of the Ordinance. 
REGULATION 85-03 

OFFICIAL REPRESENTATIVE 

The Official Representative of the licensed premises 

shall be the Gaming Commissioner in all matters 

concerning the interest of the Muscogee (Creek) Nation 

thru the licensed tribal enterprise and its related 

activity. 

As such, dicussion, contact, or response concerning 

the tribal enterprise with other recognized authorities 

will be initiated at the discretion of the Muscogee 

(Creek) Nation thru the Commissioner of Gaming. A 

Representative of Management of the licensed gaming 

activity and Security will be notified at such times, 

so as to be informed and to keep the peace. 

Section 204 of the Ordinance. 

Revised 

1/30/89 

REGULATION 85-04 

PROPER ATTIRE 

Licensee shall institute a dress code to be adhered to by the employees of 

the licensed gaming establishment. Such code shall not obviate the usual dress 

code of like establishments, yet shall stipulate to 5419 of the Ordinance. 

The employee dress code shall apply to all individuals viewed by the gaming 

public. The dress code shall be appropriate to position level, e.g. Management 

personnel to wear jacket and tie with coordinating slackslskirt and other 

employees to wear contrasting separates, such as white shirt and black slacks. 

The dress code for daytime office/administration staff shall be appropriate 

attire to maintain a professional appearance. 

w It is the responsibility of the licensee to provide dress code plans or 

amendments thereto to the Commissioner for approval prior to implementation. 

Sections 204 and 419 of the Ordinance. 
REGULATION 85-05 

PROHIBITED ADVERTISING/PUBLICATION/MATERIALS 

AND DISTRIBUTION 

Licensee shall be prohibited from displaying, having 

or holding for distribution any notice, playcard, 

handbill, flyer, leaflet, throwaway, broadside, 

advertisement , other forms of literature or 

distributions, etc. on the licensed premises unless 

above said instrument(s) are related to the licensed 

activity and/or the vested interest of the Muscogee 

(Creek) Nation. 

Such printed material whether intended for distribution, 

promotion, or otherwise shall be required to be of good 

taste and good moral tone and not offensive to the 

patrons, employees of the licensed activity, or to the 

citizens of the Muscogee (Creek) Nation. 

Upon inspection, the Commissioner of Gaming shall 

interpret the relationship status between the 

aforementioned instrument(s) and the licensed activity 

and/or the vested interest of the Muscogee (Creek) 

Nation. Any violation or wanton disregard for the 

interpretaion of finding by the Commissioner of Gaming 

of the Muscogee (Creek) Nation shall subject licensee 

to the penalty provisions provided by the Ordinance. 

Sections 105, 204, and 419 of the Ordinance. 
REGULATION 85-06 

GENERAL MANAGER ON PREMISES 

It is the policy of the Commissioner of Gaming to 

require availability of complete and full authority 

to execute pre-eminent decisions and to consummate all 

duties and responsibilities associated with the licensed 

activity and ancillary business on the premises. 

The licensee shall direct or require the General Manager 

and/or the Assistant General Manager to be on the 

licensed premises at all times the licensed activity 

authorized by this Ordinance is being conducted. 

Sections 418 and 419 of the Ordinance. 

REGULATION 85-07 

FIREARMS 

The privilege to bear arms while on the gaming premises 

shall be limited to on site Security personnel and 

federally recognized law enforcement officials holding 

and showing proper identification and authorization. 

The use of standard game hunting firearms, as prizes, 

related to the gaming activities may be utilized by 

the licensee when approved by the Commissioner prior 

to promotion. 

Section 204 and 424 of the Ordinance. 

Revised 11-85 
w MUSCOGEE (CREEK) NATION 

P.O. BOX 580 

OKMULGEE, OK 74447 

(9 18) 756-8700 

The Office of Public Gaming as established by Muscogee (Creek) 

National Council Act 84-04 to regulate gaming within the exterior 

boundaries of the Muscogee (Creek) Nation in a manner 

commensurate with the interest of the Muscogee (Creek) citizens. 

In order to provide for the orderly administration and regulation 

of authorized gaming enterprises, the Office of Public Gaming 

Commissioner, charged with the sole responsibility of 

administering and enforcing the provisions of this Code has 

promulgated regulations necessary to administer the Muscogee 

Nation Public Gaming Ordinance. 

It shall be the intent of the Office of Public Gaming to provide 

confidence and assurance that such individuals groups or pe- L sons 

so licensed by this office to engage in gaming activity do so 

with proper respect to the "Sovereignty of the Muscogee (Creek) 

Nation", and with high regard to the public health, safety, 

morals, good order and general welfare of all residents of the 

Muscogee (Creek) Nation. 
Since July 1, 1984 to date hereof, the Commissioner 

of Public Gaming of the Muscogee (Creek) Nation 

has promulgated thirty-three (33) regulations 

pursuant to Title I1 - Section 203 of the Muscogee 

Nation Public Gaming Code in accordance with the 

responsibilities and duties assigned by the 

provisions of said code. 

Each regulation has been scrutinized and reviewed 

to implement the administrat ion, enforcement and 

regulation of all gaming activity conducted in 

Indian Country within the jurisdictional exterior 

boundries of the Muscogee (Creek) Nation. 

These regulations are hereby adopted by the 

Muscogee (Creek) Nation Office of Public Gaming. 

, /Foster, Commissioner 

Reaffirmed 

Effective: December 2, 1985 
REGULATION 86-01 

OPERAT IONS/CONTROLS 

The licensee in general, and the specific individuals designated by 

training and job description by this regulation in particular shall 

maintain and make available to the Commissioner all records and documents 

required by this regulation; a description of the rules and conditions 

and conduct of actions of all individuals involved in the conduct of 

gaming activities. 

No licensee shall permit any game or activity related to the licensed 

premises to be conducted in a manner which would reflect or tend to 

discredit the Muscogee (Creek) Nation, or the gaming industry is 

operating in an unsuitable manner and shall be grounds for disciplinary 

action by the Commissioner in accordance with the Muscogee Nation Public 

Gaming Act and other Acts and regulations within the scope of perogative 

of the Commissioner of Gaming. 

Without limiting the generalties of the foregoing, the following acts 

or ommissions may be determined to be unsuitable methods of operation: 

1. Conducting, carrying on or operating any cheating or thieving game 

or device on the premises, either knowingly or unknowingly, which 

may have in any manner be marked or tampered with or otherwise 

placed in a condition, or operated in a manner, which tends to 

deceive the public or which might make the game or any individual, 

player, or participant, liable to win or lose, or which tends to 

alter the normal random selection of criteria which determine the 

results of the game. 

la. It should be a condition of the operation of the bingo 

activity that the motor of the blower/mixer unit shall not 

be turned off by the caller so as to affect the aforementioned 

outcome of any game. 

2. RESERVED 

The Commissioner in the exercise of his sound discretion shall make 

determination of whether or not the licensee has failed to comply with 

the aforementioned. 

Section 419 of the Ordinance 
REGULATION 86-02 

CLANDESTINE ACTIVITIES 

The use or employment of any devices by licensee, management 

or employees that may be determined as a practice or course 

of operation, as would operate as 

any person, is in direct violation 

the vested interest of the Muscogee 

a fraud of deceit upon 

of the public trust and 

Creek) Nation. 

It shall be a violation for any person or persons not an 

employee or agent of the Office of Public Gaming/Taxation 

without written consent (except federal enforcement 

authority) to enter into or conduct any activity that could 

be construed as a covert act to collect, gather, assimilate 

or record activities, conversations, reports or records of 

any person, agent or entity on any properties or in any 

facility where gaming or related activities are conducted 

within the jurisdictional boundaries of the Muscogee (Creek) 

Nation. Participation, whether it be by direction as an agent 

or as an individual person in any part of such clandestine 

activity, shall be considered a direct violation and such 

persons, agents or entities may be considered persona non 

grata and forfeit any rights to do business or conduct any 

other function within the jurisdictional boundaries of the 

Muscogee (Creek) Nation pursuant to the Muscogee (Creek) 

Nation Public Gaming Code. 

Further, any person, agent or entity so designated as persona 

non grata will forfeit any claim whatsoever from any gaming 

or related activity(s) conducted within the Muscogee (Creek) 

Nation permanently or until such time, as he regains persona 

grata status. 

Sections 203, 204, 215, 312, 403, 404, 419, and 426 of the 

Ordinance. 
REGULATION 86-03 

IDENTIFICATION STANDARDS 

Every licensee shall cause for identification purposes to 

be issued an identification badge to be worn by all 

employees, licensees, agents, contractors or operators. 

The stated purpose for identification being such; it shall 

be necessary that all badges be worn visible and in clear 

view of anyone so desiring to view, read and ascertain the 

identity of the wearer. As such, all identification badges 

issued by the licensee shall be worn on the top one-third 

front of the body of the wearer. All information and photo 

(if any) shall be unobstructed at all times for said purpose 

of identification. 

Any attempt or effort, intentional or not, that results 

in total or part to hide, conceal, deface, obstruct or bring 

about non-compliance with this Regulation shall be deemed 

to be contra to the interest of the gaming public. This 

Provision Regulation is not to be construed to vest control 

in the Commissioner of the actions of any of licensee's 

employees, but rather such provision is intended only to 

establish a requisite standard of identification to be 

employed by licensee. 

Section 418 and 419 of the Ordinance. 
REGULATION 89-01 

VERIFICATION OF SATELLITE GAME 

Licensee shall meet the following requirements, which will emphasize 

credibility, concerning the satellite game. 

Licensee shall ensure that the participating facilities shall 

acknowledge their reception of the satellite game in a manner, whereas 

the acknowledgement from the satellite location may be heard by the 

gaming public, via public address system, of the transmitting 

facility. 

actual verification process shall be performed in a manner t? 

audio availability to the gaming public. The verification 

shall be limited to the representative of the winning facility 

announcer of the game from the transmitting facility. Addit 

the process shall apply to each and every winner so verified 

satellite system. 

Further, licensee shall ensure that whenever a bingo is verified, the 

provide 

process 

the 

1 ly, 

the 

and 

iona 

on 

Section 203 of the Ordinance. 

Pursuant to NCA 84-04, as amended, the Office of Public Gaming, Muscogee 

(Creek) Nation, hereby adopts Regulation 89-01 effective 11/22/88. 
REGULATION 89-0 2 

DO-IT-YOURSELF GAME 

In order to maintain the credibility of the Do-It-Yourself game, it shall be 

a condition of the Licensee to insure that no person is to enter the 

Do-It-Yourself booth, which contains the duplicate copies, while the game is 

in progress. Therefore, the employee(s) working the DO-1t-yourself booth on 

that daylevening shall be the only person(s) permitted during play of said 

game, which shall be defined as the interval between the first number called 

of the game and the closing of the game by the bingo caller. 

Further, to emphasize credibility, a barrier shall be constructed and shall 

separate the contents of the booth, duplicate copies and booth employees, from 

all other persons during play of said game. The barrier shall be constructed 

whereby, the normal procedure of submitting the duplicate copies to the booth 

employee is not altered. Also the booth barrier shall be transparent to allow 

the process of separating the tickets to be viewed by the public. 

Additionally, as the prize amount exceeds $50,000.00, no less than two 

Supervisory personnel shall be present at the time the winning duplicate ticket 

is transferred from the booth employee to the employee who verbally verifies 

the bingo. 

Section 203 of the Ordinance. 
Revi sed 

11 /8/89 

Regulation 89-03 

Application Fee and Investigation Expense 

All new applications for Class N, P, T or S gaming licenses shall be subject 

to a non-refundable application fee of $250.00. The application fee shall 

be submitted in the form of a check, money order or other certified funds 

separate from the required license fee. 

The expense of conducting any necessary background investigations relating 

to the parties applying for license shall be the responsibility of the 

appl icant(s) . Any expenses incurred by the Tribe in conducting background 

investigations (utilizing a third party) shall be fully reimbursed by the 

applicant(s). 

Section 203 of the Ordinance. 

Pursuant to NCA 84-04, as amended, the Office of Public Gaming, 

Muscogee (Creek) Nati on, hereby adopts Regul at ion 89-05 effective 

November 22, 1988. 

Approved and Adopted: 

8/24/89 

rn. E. Fdster, Commissioner Date 

Effective: September 1, 1989 
Regulation 90-01 

Posting of Gaming Ordinance 

Each tribally licensed 

NCA 84-04, as amended 

to all employees. 

gaming facility shall keep posted a current copy of 

and attendant regulations, in a location accessible 

The Ordinance shall be displayed in a respectable, concise manner within 

the facility so as every employee will have access to the Ordinance during 

normal business hours. No copy of the Ordinance shall be displayed in a 

tattered, torn or otherwise dishevelled coqdi 

The Gaming Commission shall approve all posti 

tion. 

ngs of said Ordinance. 

Section 427 of the Ordinance. 

Pursuant to NCA 84-04, as amended, the Office of Public Gaming, 

Muscogee (Creek) Nation, hereby adopts Regulation 90-01 effective 

October 26, 1989. 

10126 189 

Tim E. Harper, Commissioner Date 

Effective: October 26, 1989 
Regulation 90-02 

Manager Off Premises 

The General Manager shall keep this office (and appropriate subordinate staff) 

informed of where he can be contacted during any scheduled/unscheduled trips 

out of town. 

The Manager shall provide a telephone number where he may be contacted within 

a four hour time period. 

During those trips in which the manager will not be following an established 

itinerary, (facilityl0.P.G. has no way to contact the manager), he shall 

telephone the facility at least once per day to receive pertinent messages. 

Section 418 and 419 of the Ordinance. 

Pursuant to NCA 84-04, as amended, the Office of Public Gaming, 

Muscogee (Creek) Nation, hereby adopts Regulation 90-02 effective 

October 26, 1989. 

Approved and Adopted: 

'&p lO/26/89 

Tim E. Harper, Comrriissioner Date 

Effective: October 26, 1989 
REGULATION 90-03 

FOOD SERVICE SANITATION 

CHAPTER OWE- GENERAL PROVISlOWS 

FOR THE PURPOSE OF THIS REGULATION: 

(a) 'Corrosion-resistant materials" means those materials that maintain their original surface 

characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and 

bactericidal solutions, and other conditions-of-use environment. 

(b) 'Employee' means individuals having supervisory or management duties and any otber penon working 

in a food service establishment under direction of licensee. 

(c) 'Equipment' means stoves, wens, ranges, hoods. slicers, mixers, meatblocks, tables. counters. 

refrigerators, sinks, dishwashing machines. stm tables, and similar items other than utensils, used in the 

operation of a food service establishment. 

(d) "Food-contact surface' means those surfrces of equipment and utensils with which food normally 

comes in contact. and those surfaces from which food may drain, drip. or splash back onto surfaces normally in 

contact with food. 

(e) "Kitchenware' means all multi-use utensils other than tableware. 

(f) 'Law" includes Tribal and Federal ordimnces, and regulations. 

(g) 'Regulatory authority' means the Commissioner of Public Gaming or Official/Designate and Federal 

authorities having jurisdiction over the food service establishment. 

(h) 'Sanitization' mesas effective bactericidal treatment by a process that prwides enough accumulative 

heat ar concentration of chemicals for enough time to reduce the bacterial count, including patbogens. to a safe level 

on utensils and equipment. 

(1) 'Single-service articles" means cups, containers, lids, closures, plates, knives, forks. spoons, stirrers. 

paddles. straws. napkins, wrapping materials, toot&picks and similar articles intended for one-time, one-person 

use and then discarded. 

CHAPTER NO-FOOD CARE 

FOOD SUPPLIES 

2-101 G0m.r.f. 

Food shall be in sound condition, free from spoilage, filth, or other contamination and shall be safe for 

human consumption. Food shall be obtained from sources that comply with all laws relating to food and food 

labeling. 

FOOD PROTECTION 

2-201 Gemr8l. 

At dl times. including while being stored, prepared. displryed, served, or truuportmd, food shal 

protected from potential contamination. including dust. jnsects, rodents. unclean equipment and utensils. 

umocessuy handling, coughs and sneezes, flooding, dninage, and overhead leakage or warhead drippye from 

condensation. The temperUure of potentially hazardous food shall be 45 dogroes Fahrenheit or below or 140 

degrees Fahrenheit or abwe at all times. except as ocborwise provided in this Regulation. 

2-202 Emertncy Oenrrncm. 

In the went of a fire, flood, power outage, or similar event that might result in the contamination of food, or 

that might prevent potentially hazardous food from being held at required temperatures, the licunsm shall 

immediately conm the Office of Public Guning. 

FOOD STORAGE 

2-301 

(a) Food. whether raw or pr~ued, if removed from the coatliar or package in which it was obtained, 

shall be stmod in r clean mmd container except during necessary periods of preparation or service. 

(b) Contriners of food shall be stored a minimum of 6 inches rbooe the floor in r manner that protects the 

food from splash and other contamination. and that permits easy cloaning of the stwage arm except that: 

(I) Metal pressurized bavorage containers. and caaed food packaged in cms, glus or other 

waterproof containers need not be elevated when the food container is not exposed to floor moisture; and 
(2) Containers may be stored on dollies, racks or pallets, provided such equipment is easily 

movable. 

(c) Fwd and containers of food shall not be stored under exposed or unprotected sewer lines or water lines, 

except for automatic fire protection sprinkler heads that may be required by law. 

(d) Packaged food shall not be stored in contact with water or undrained ice. 

2-302 Refrigerated Storage. 

(a) Enough conveniently located refrigeration facilities or effectively insulated facilities shall be provided 

to assure the maintenance of potentially hazardous food at required temperatures during storage. Each 

mechanically refrigerated facility storing potentially hazardous fwd shall be 

provided with a numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit, located to measure 

the air temperature in the warmest part of the facility and located to be easily readable. Recording thermometers, 

accurate to +3 degrees Fahrenheit, may be used in lieu of indicating thermometers. 

(b) Frozen food shall be kept frozen and should be stored at a temperature of 0 degrees Fahrenheit or 

below. 

(c) Ice intended for human consumption shall not be used as a medium for cooling stored food, food 

containers or food utensils, except that such ice may be used for cooling tubes conveying beverages or beverage 

ingredients to a dispenser head. Ice used for cooling stored food and food containers shall not be used for human 

consumption. 

2-303 Hot Stmrage- 

(a) Enough conveniently located hot food storage facilities shall be provided to assure the maintenance of 

food at the required temperature during storage. Each hot food facility storing potentially hazardous food shall 

have a numerically scaled indicating thermometer, accurate to 23 degrees Fahrenheit. located to measure the air 

temperature in the coolest part of the facility and located t be easily readable. Recording thermometers, accurate 

to ~3 degrees Fahrenheit, may be used in lieu of indicating thermometers. 

FOOD PREPARATION 

2-401 General. 

Food shall be prepared with the least possible manual contact, with suitable utensils, and on surfaces that 

prior to use have been cleaned, rinsed and sanitized to prevent cross-contamination. 

2-402 Raw Fruits and Raw Vegetables. 

Raw fruits and vegetables shall be thoroughly washed with potable water before being cooked or served. 

2-403 Cooking Potentially Hazudoms Fwds. 

Potentially hazardous foods requiring cooking shall be cooked to heat all parts of the food to a temperature 

of at least 140 degrees Fahrenheit, except that: 

(a) Poultry. poultry stuffings. stuffed meats and stuffings containing meat shall be cooked to heat all parts 

of the food to at least 165 degrees Fahrenheit with no interruption of the cooking process. 

(b) Pork and any food containing pork shall be cooked to heat all parts of the food to at least 150 degrees 

Fahrenheit. 

2-404 Reheating. 

Potentially hazardous foods that have been cooked and then refrigerated, shall be reheated rapidly to 165 

degrees Fahrenheit or higher throughout before being served or before being placed in a hot food storage facility. 

2-405 Prmdoct Thermometers. 

Metal stem-type numerically scaled indicating thermometers. accurate to +2 degrees Fahrenheit. shall be 

prwided and used to assure the attainment and maintenance of proper internal cooking, holding. or refrigeration 

temperatures of all potentially hazardous foods. 

2-406 Tharirg Patemtially Hazudams Fads. 

Potentially hazardous foods shall be thawed: 

(a) In refrigerated units at a temperature not to exceed 45 degrees Fahrenheit; or 

(b) In a microwave oven only when the food will be immediately transferred to conventional cooking 

facilities as part of a continuous cooking process or when the entire, uninterrupted cooking process takes place in 

the microwave oven; or 

(c) As part of the conventional cooking process. 
FOOD DISPLAY AND SERVICE 

2-50 1 Potentially Haz.rdo8s Fwd. 

Potentially hazardous food shall be kept at an internal temperature of 45 degrees Fahrenheit or below or at 

an internal temperature of 140 degrees Fahrenheit or above during display and service. 

2-502 Coalirent Dispensing. 

(a) Condiments, seasonings, dressings and sugar for consumer use shall be provided in individual 

packages. 

2-503 Ice Dispensing. 

Ice for consumer use shall be dispensed only by employees with scoops, tongs, or other ice-dispensing 

utensils or through automatic self-service, ice-dispensing equipment. Between uses, ice dispensing utensils and 

transfer receptacles shall be stored in a way that protects them from contamination. Ice storage bins shall be 

drained through an air gap. 

2-504 Dispensing Utensils. 

To avoid unnecessary manual contact with food, suitable dispensing utensils shall be used by employees or 

provided to consumers who serve themselves. These utensils shall be stored in a way that protects them from 

contamination. 

2-505 Re-Service. 

Once served to a consumer, portions of leftover food shall not be served again except that packaged food 

other than potentially hazardous food, that is still packaged and is still in sound condition, may be re-served. 

2-506 Re-Use of Tableware. 

Re-use of soiled tableware by self-service consumers returning to the service area for additional food is 

prohibited. Beverage cups and glasses are exempt from this requirement. 

CHAPTER THREE-PERSONNEL 

EMPLOYEE HEALTH 

3-101 General. 

No person, while infected with a disease in a communicable form that can be transmitted by foods or who is 

a carrier of organisms that cause such a disease or while afflicted with a boil, an infected wound, or an acute 

respiratory infection. shall work in a food service establishment in any capacity in which there is a likelihood of 

such person contaminating food or food-contact surfaces with pathogenic organisms or transmitting disease to other 

persons. 

PERSONAL CLEANLINESS 

3-201 Gtn-81. 

Employees shall thoroughly wash their hands and the exposed portions of their arms with soap and warm 

water before starting work, during work as often as is necessary to keep them clean, and after smoking, eating. 

drinking, or using the toilet. Employees shall keep their fingernails clean and trimmed. 

CLOTHING 

3- 30 1 Gtmeral. 

(a) The outer clothing of all employees shall be clean. 

(b) Employees shall use effective hair restraints to prevent the contamination of food or food-contact 

surlaces, effective hair restraints include caps, hairnets or hairspray. 

EMPLOYEE PRACTICES 

3-401 W-81- 

(a) Employees shall not use tobacco in any form while engaged in food preparation or service, nor while in 

areas used for equipment or utensil washing or for food preparation. Employees shall use tobacco only in 

des i gnsted areas. 

(b) Employees shall maintain a high degree of personal cleanliness and shall conform to good hygienic 

practices during all working periods in the food service establishment. 
CHAPTER FOUR-EQUIPMENT AND UTENSILS 

MATERIALS 

4-101 Gner.1. 

Multi-use equipment and utensils shall be constructed and repaired with safe materials, including 

finishing materials; shall be corrosion resistant and nonabsorbent; and shall be smooth, easily cleanable, and 

durable under conditions of normal use. Single-service articles shall be made from clean. sanitary, safe materials. 

1-102 Plutin. 

Safe plastic or safe rubber or safe rubber-like materials that are resistant under normal conditions of use 

to scratching. scoring. decomposition. crazing, chipping and distortion, that are of sufficient weight and thickness 

to permit cleaning and sanitizing by normal dishwashing methods, are permitted for repeated use. 

DESIGN AND FABRICATION 

4-20 1 General. 

All equipment and utensils, including plasticware, shall be designed and fabricated for durability under 

conditions of normal use and shall be resistant to denting, buckling, pitting, chipping. and crazing. 

(a) Food-contact surfaces shall be easily cleanable, smooth. and free of breaks, open seams, cracks, chips, 

pits, and similar imperfections, and free of difficult-to-clean internal corners and crevices. 

(b) Sinks and drain boards shall be self-draining. 

4-202 Nom-Food-Contact Surfaces. 

Surfaces of equipment not intended for contact with food, but which are exposed to splash or food debris or 

which otherwise require frequent cleaning, shall be designed and fabricated to be smooth, washable, and readily 

accessible for cleaning, and to be easily maintained in a clean and sanitary condition. 

4-203 Veatilation Hoods. 

Ventilation hoods and devices shall be designed to prevent grease or condensation from collecting on walls 

and ceilings, and from dripping into food or onto food-contact surfaces. Filters or other grease extracting 

equipment shall be readily removable for cleaning and replacement if not designed to be cleaned in place. 

4-204 Existing EqoJpmeat. 

Equipment that was installed in a food service establishment prior to the effective date of this regulation. 

and that does not fully meet all of the design and fabrication requirements of this section, shall be deemed 

acceptable in that establishment if it is in good repair, capable of being maintained in a sanitary condition, and the 

food-contact surfaces are nontoxic. Replacement equipment and new equipment acquired after the effective date of 

this regulation shall meet the requirements of this regulation. 

EQUIPMENT INSTALLATION AND LOCATION 

4-301 Gemerrl. 

Equipment, including ice makers and ice storage equipment, shall not be located under exposed or 

unprotected sewer lines or water lines, open stairwells, or other sources of contamination. Aisles snd working 

spaces between units of equipment and walls shall be unobstructed and oI sufficient width to permit employees to 

perform their duties readily without contamination of food or food-contact surfaces by clothing or personal contact. 

CHAPTER FIVE-CLEANING. SANITIZATION AND STORAGE OF EQUIPMENT AND UTENSILS 

EQUIPMENT AND UTENSIL CLEANING AND SANITIZATION 

5- 10 1 C1cui.g Freque8cy. 

(a) To prevent cross-contamination, kitchenware and food-contact surfaces of equipment shall be washed. 

rinsed, and sanitized after each use and following any interruption of operations during which time contamination 

may have occured. 

(b) The food-contact surfaces of grills. griddles, and similar cooking devices and the cavities and door 

seals of microwave ovens shall be cleaned at least once a day; except that this shall not apply to hot oil cooking 

equipment and hot oil filtering systems. 

(c) Non-food-contact surfaces of equipment shall be cleaned as often as is necessary to keep the equipment 

free of accumulation of dust, dirt. food particles, and other debris. 

5-102 Wiping CIaths. 

(a) Cloths used for wiping food spills on tableware, such as plates or bowls being served to the consumer, 

shall be clean, dry and used for no other purpose. 
(b) Moist cloths or sponges used for cleaning non-food-contact surfaces of equipment such as counters, 

dining table tops and shelves shall be clean and rinsed and used for no other purpose. These cloths and sponges 

shall be stored in the sanitizing solution between uses. 

5- 103 Manual Cleaning and Sanitizimg. 

(a) For manual washing, rinsing and sanitizing of utensils and equipment, a sink with not fewer than 

three compartments shall be provided and used. Sink compartments shall be large enough to permit the 

accommodation of the equipment and utensils, and each compartment of the sink shall be supplied with hot and cold 

potable running water. 

(b) Drain boards or easily movable dish tables of adequate size shall be provided for proper handling of 

soiled utensils prior to washing and for cleaned utensils following sanitizing and shall be located so as not to 

interfere with the proper use of the dishwashing facilities. 

(c) Equipment and utensils shall be preflushed or prescraped and, when necessary, presoaked to remove 

gross food particles and soil. 

(d) Except for fixed equipment and utensils too large to be cleaned in sink compartments, manual washing, 

rinsing and sanitizing shall be conducted in the following sequence: 

(I ) Sinks shall be cleaned prior to use. 

(2) Equipment and utensils shall be thoroughly washed in the first compartment with a hot 

detergent solution that is kept clean. 

(3) Equipment and utensils shall be rinsed free of detergent and abrasives with clean water in the 

second compartment. 

(4) Equipment and utensils shall be sanitized in the third compartment according to the method 

stated in section 5- lO3(e). 

(e) The food-contact surfaces of all equipment and utensils shall be sanitized by: 

(I) Immersion for at least one-half (1/2) minute in clean, hot water at a temperature of at least 

170 degrees Fahrenheit. 

(f) When hot water is used for sanitizing, the following facilities shall be provided and used: 

(1) An integral heating deviceor fixture installed in, on, or under the sanitizing compartment of 

the sink capable of maintaining the water at a temperature of at least 170 degrees Fahrenheit: and 

(2) A numerically scaled indicating thermometer, accurate to +3 degrees Fahrenheit, convenient to 

the sink for frequent checks of water temperature; and 

(3) Dish baskets of such size and design to permit complete immersion of the tableware, 

kitchenware, and equipment in the hot water. 

5- 104 M~huic81 Cleuing ud Sanitizimg. 

(a) Cleaning and sanitizing may be done by spray-type or immersion dishwashing machines or by any 

other type of machine or device if it is demonstrated that it thoroughly cleans and sanitizes equipment and utensils. 

These machines and devices shall be properly installed and maintained in good repair. Machines and devices shall 

be operated in accordance with manufacturers' instructions, and utensils and equipment placed in the machine 

shall be exposed to all dishwashing cycles. Automatic detergent dispensers, wetting agent dispensers, and liquid 

sanititer injectors, if any, shall be properly installed and maintained. 

(b) All dishwashing machines shall be thoroughly cleaned at least once a day or more often when 

necessary to maintain them in a satisfactory operating condition. 

5- 105 DryimgAfter sanitization. all equipment and utensils shall be air dried. 

EQUIPMENT AND UTENSIL STORAGE 

5-20 1 Hudlimt. 

Cleaned and sanitized equipment and utensils shall be handled in a way that protects them from 

contamination. Spoons, knives, and forks shall be touched only by their handles. Cups, glasses, bowls, plates and 

similar items shall be handled without contact with inside surfaces or surfaces that contact the user's mouth. 

5-202 Starye. 

(a) Cleaned and sanitized utensils and equipment shall be stored at least 6 inches abwe the floor in a 

clean. dry location in a way that protects them from contamination by splash, dust, and other means. The foodcontact surfaces of fixed equipment shall also be protected from contamination. 

(b) Glasses and cups shall be stored inverted. Other stored utensils shall be covered or inverted, wherever 

practical. Facilities for the storage of knives, forks. and spoons shall be designed and used to present the handle to 

the employee or consumer. 
5-203 Single-Senice Articles. 

(a) Single-service articles shall be stored at least 6 inches above the floor in closed cartons or containers 

which protect them from contamination and shall not be placed under exposed sewer lines or water lines, except for 

automatic fire protection sprinkler heads that may be required by law. 

(b) Single-service knives, forks and spoons packaged in bulk shall be inserted into holders or be wrapped 

by an employee who has washed his hands immediately prior to sorting or wrapping the utensils. Unless singleservice knives, forks and spoons are prewrapped or prepackaged, holders shall be prwided to protect these items 

from contamination and present the handle of the utensil to the consumer. 

5-204 Prahibited Storage Area. 

The storage of food equipment, utensils or single-service articles in toilet rooms or vestibules is 

prohibited. 

CHAPTER SIX-SANITARY FACILITIES AND CONTROLS 

WATER SUPPLY 

6- 10 1 General. 

Enough potable water for the needs of the food service establishment shall be provided from a source 

constructed and operated according to law. 

6- 102 Water Under Pressure. 

Water under pressure at the required temperatures shall be provided to all fixtures and equipment that use 

water. 

6-103 Stem. 

Steam used in contact with food or food-contact surfaces shall be free from any materials or additives other 

than those specified in 2 1 CFR 173.310.10 

SEWAGE 

6-201 General. 

All sewage, including liquid waste. shall be disposed of by a public sewerage system or by a sewage 

disposal system constructed and operated according to law. 

PLUMBING 

6- 30 1 General. 

Plumbing shall be sized, installed, and maintained according to law. There shall be no cross-connection 

between the potable water supply and any non-potable or questionable water supply nor any source of pollution 

through which the potable water supply might become contaminated. 

6-302 Greue Traps. 

If used, grease traps shall be located to be easily accessible for cleaning. 

6-303 Garbage Grinders. 

If used, garbage grinders shall be installed and maintained according to law. 

6-304 Drains. 

Except for properly trapped open sinks, there shall be no direct connection between the sewerage system 

and any drains originating from equipment in which food, portable equipment. or utensils are placed. When a 

dishwashing machine is located within 5 feet of a trapped floor drain, the dishwasher waste outlet may be 

connected directly on the inlet side of a properly vented floor drain trap if permitted by law. 

LAVATORY FACILITIES 

6-401 Irr.t.t]r lutallatin. 

(a) Lavatories shall be at least the number required by law, shall be installed according to law, and shall 

be located to permit convenient use by all employees in food preparation areas and utensil-washing areas. 

(b) Lavatories shall be accessible to employees at all times. 

(c) Lavatories shall also be located in or immediately adjacent to toilet rooms or vestibules. 

6-402 L.ratory F-ts. 

Each lavatory shall be provided with hot and cold water tempered by means of a mixing valve or 

combination faucet. Any self-closing, slow-closing, or metering faucet used shall be designed to provide a flow of 

water for at least 15 seconds without the need to reactivate the faucet. Steam-mixing valves are prohibited. 
6-403 Lavatory Supplies. 

A supply of hand-cleansing soap or detergent shall be available at each lavatory. A supply of sanitary 

towels or a hand-drying device providing heated air shall be conveniently located near each lavatory. Common 

towels are prohibited. If disposable towels are used, easily cleanable waste receptacles shall be conveniently 

located near the hand-washing facilities. 

6-404 Lavatory Mainten.ace. 

Lavatories, soap dispensers. hand-drying devices and all related fixtures shall be kept clean and in good 

repair. 

GARBAGE AND REFUSE 

6-30 1 Containers. 

(a) Garbage and refuse shall be kept in durable, easily cleanable, insect-proof and rodent-proof containers 

that do not leak and do not absorb liquids. Plastic bags and wet-strength paper bags may be used to line these 

containers, and they may be used for storage inside the food service establishment. 

(b) There shall be a sufficient number of containers to hold all the garbage and refuse that accumulates. 

(c) Soiled containers shall be cleaned at a frequency to prevent insect and rodent attraction. Each container 

shall be thoroughly cleaned on the inside and outside in a way that does not contaminate food, equipment, utensils, 

or food preparation areas. 

6-502 Storage. 

(a) Garbage and refuse on the premises shall be stored in a manner to make them inaccessible to insects 

and rodents. Outside storage of unprotected plastic bags or wet-strength paper bags or baled units containing 

garbage or refuse is prohibited. Cardboard or other packaging material not containing garbage or food wastes need 

not be stored in covered containers. 

(b) Outside storage areas or enclosures shall be large enough to store the garbage and refuse containers 

that accumulate and shall be kept clean. Garbage and refuse containers, dumpsters and compactor systems located 

outside shall be stored on or above a smooth surface of nonabsorbent material such as concrete or machine-laid 

asphalt that is kept clean and maintained in good repair. 

6-503 Disposal. 

(a) Garbage and refuse shall be disposed of often enough to prevent the development of odor and the 

attraction of insects and rodents. 

INSECT ANDRODENTCONTROL 

6-601 Ge1~w.1. 

Effective measures intended to minimize the presence of rodents, flies. cockroaches, and other insects on 

the premises shall be utilized. The premises shall be kept in such condition as to prevent the harborage or feeding 

of insects or rodents. 

CHAPTER SEVEN-CONSTRUCTION AND MAINTENANCE OF PHYSICAL FACILITIES 

FLOOPS 

7- 10 1 F1- Constrmctian. 

Floors and floor coverings of all food preparation, food storage, and utensil-washing areas, and the floors of 

all walk-in refrigerating units, toilet rooms and vestibules shall be constructed of smooth durable material such as 

sealed concrete, terrazzo, ceramic tile, durable grades of linoleum or plastic, or tight wood impregnated with 

plastic, and shall be maintained in good repair. 

7- 102 F1m.r Cupetiag. 

Carpeting is prohibited in food preparation, equipment-washing, utensil-washing, food storage, and toilet 

room areas where urinals or toilet fixtures are located. 

7-103 Floor Drains. 

Properly installed, trapped floor drains shall be provided in floors that are water-flushed for cleaning or 

that receive discharges of water or other fluid waste from equipment, or in areas where pressure spray methods for 

cleaning equipment are used. 
WALLS AND CEILINGS 

7-201 Mrintemuce. 

Walls and ceilings, including doors, windows, skylights, and similar closures, shall be maintained in good 

repair. 

7-202 Constr~ction. 

The walls, including nonsupporting partitions, wall coverings, and ceilings of walk-in refrigerating units, 

food preparation areas. equipment-washing and utensil-washing areas, toilet rooms and vestibules shall be light 

colored, smooth. nonabsorbent, and easily cleanable. 

7-203 Utility Line Installation. 

Exposed utility service lines and pipes shall be installed in a way that does not obstruct or prevent 

cleaning of the walls and ceilings. 

7-204 AttachmentsLight fixtures, vent covers, wall-mounted fans, decorative materials, and similar equipment attached to 

walls and ceilings shall be easily cleanable and shall be maintained in good repair. 

7-205 Covering Material Installation. 

Wall and ceiling covering materials shall be attached and sealed so as to be easily cleanable. 

CLEANING PHYSICAL FACILITIES 

7-30 1 General. 

Cleaning of floors and walls. except emergency cleaning of floors, shall be done during periods when the 

least amount of food is exposed, such as dter closing or between meals. Floors, mats, duckboards, walls, ceilings, 

and attached equipment and decorative materials shall be kept clean. Only dustless methods of cleaning floors and 

walls shall be used. such as vacuum cleaning. wet cleaning, or the use of dust-arresting sweeping compounds with 

brooms. 

LIGHTING 

7-40 1 Protective Shielding. 

(a) Shielding to protect against broken glass falling onto food shall be provided for all artificial lighting 

fixtures located wer, by, or within food storage, preparation. service. and display facilities, and facilities where 

utensils and equipment are cleaned and stored. 

VENTILATION 

7-501 Csaerd, 

All rooms shall have sufficient ventilation to keep them free of excessive heat, steam, condensation, vapors, 

obnoxious odors. smoke and fumes. Ventilation systems shall be installed and operated according to law and, when 

vented to the outside, shall not create an unsightly, harmful or unlawful discharge. 

POISONOUS OR TOXIC MATERIALS 

7-60 1 Materi81s Permitted. 

There shall be present in food service establishments only those poisonous or toxic materials necessary for 

maintaining the establishment, cleaning and sanitizing equipment and utensils, and controlling insects and 

rodents. 

7-602 Labeling Of Materials. 

Containers of poisonous or toxic materials shall be prominently and distinctly labeled according to law for 

easy identification of contents. 

7-603 Starye Of Yatorials. 

(a) Poisonous or toxic materials consist of the following categories: 

(I ) Insecticides and rodenticides: 

(2) Detergents, sanitizers, and related cleaning or drying agents: 

(3) Caustics, acids. polishes, and other chemicals. 

(b) Each of the three categories set forth in paragraph (a) of this section shall be stored and physically 

located separate from each other. All poisonous or toxic materials shall be stored in cabinets or in a similar 

physically separate place used for no other purpose. To preclude contamination, poisonous or toxic materials shall 

not be stored above food, food equipment. utensils or single-service articles, except thst this requirement does not 

prohibit the convenient availability of detergents or sanitizers at utensil or dishwashing stations. 
7-604 Use 01 Materials. 

(a) Bactericides, cleaning compounds or other compounds intended for use on food-contact surfaces shall 

not be used in a way that leaves a toxic residue on such surfaces or that constitutes a hazard to employees or other 

persons. 

(b) Poisonous or toxic materials shall not be used in a way that contaminates food, equipment, or utensils, 

nor in a way that constitutes a hazard to employees or other persons, nor in a way other than in full compliance 

with the manufacturer's labeling. 

7-605 First-Aid Supplies. 

First-aid supplies shall be stored in a way that prevents them from contaminating food and food-contact 

surfaces. 

PREMISES 

7-70 1 General. 

(a) Food service establishments and all parts of property used in connection with their operations shall be 

kept free of litter. 

(b) The walking and driving surfaces of all exterior areas of food service establishments shall be surfaced 

with concrete or asphalt. or with gravel or similar material effectively treated to facilitate maintenance and 

minimize dust. These surfaces shall be graded to prevent pooling and shall be kept free of litter. 

(c) The traffic of unnecessary persons through the food-preparation and utensil-washing areas is 

prohibited. 

7-702 Limns And Ciather Starale. 

(a) Clean clothes and linens shall be stored in a clean place and protected from contamination until used. 

(b) Soiled clothes and linens shall be stored in nonabsorbent containers or washable laundry bags until 

removed for laundering. 

7-703 Cleaning Equipment Stwage. 

Maintenance and cleaning tools such as brooms, mops, vacuum cleaners and similar equipment shall be 

maintained and stored in a way that does not contaminate food, utensils, equipment, or linens and shall be stored in 

an orderly manner for the cleaning of that storage location. 

7-704 Animals. 

Live animals, including birds and turtles, shall be excluded from within the food service operational 

premises and from adjacent areas under the control of the licensee. Patrol dogs accompanying security or police 

officers, or guide dogs accompanying blind persons, shall be permitted. 

CHAPTER EIGHT-INSPECTIONS 

8- 10 1 1n~pmi.i FV~~EC~. 

An inspection of a food service establishment shall be performed at least once every 6 months by a 

recognized health inspection entity. Additional inspections of the food service establishment shall be performed as 

often as necessary for the enforcement of this regulation. 

8- 102 Rapart Of Inspectiams. 

Whenever an inspection of a food service establishment or commissary is made. the findings shall be 

recorded on the inspection report form. The inspection report form shall summarize the requirements of this 

regulation and shall set forth a weighted point value for each requirement. Inspectional remarks shall be written 

to reference, by section number. the section violated and shall state the correction to be made. The rating score of 

the establishment shall be the total of the weighted point values for all violations. subtracted from 100. A copy of 

the completed inspection report form shall be furnished to the person in charge of the establishment at the 

conclusion of the inspection. The completed inspection report form is a public document that shall be made 

available for public disclosure to any person who requests it according to law. 

8-103 Correctien Of Vialrtims. 

(a) The completed inspection report form shall specify a reasonable period of time for the correction of the 

violations found; and correction of the violations shall be accomplished within the period specified, in accordance 

with the following provisions: 

(I) If an imminent health hazard exists, such as complete lack of refrigeration or sewage backup 

into the establishment, the establishment shall immediately cease food service operations. Operations shall not be 

resumed until authorized by the Office of Public Gaming and/or recognized health authority. 

(2) A11 violations of 4- or 5-point weighted items shall be corrected as soon as possible, but in any 

event, within 10 days following inspection. Within I5 days after the inspection, the licensee shall submit a 

written report to the Office of Public Gaming stating that the 4- or 5-point weighted violations have been corrected. 
(3) All 1- or 2-point weighted items shall be corrected as soon as possible, but in any event, by 

the time of the next routine inspection. 

(4) When the rating score of the establishment is less than 60, the establishment shall initiate 

corrective action on all identified violations within 48 hours. One or more reinspections will be conducted at 

reasonable time intervals to assure correction. 

(b) The inspection report shall state that failure to comply with any time limits for corrections may result 

in cessation of food service operations. An opportunity for hearing on the inspection findings or the time 

limitations or both will be provided upon written request is filed with the Office of Public Gaming. 

(c) Whenever a food service establishment is required to cease operations, it shall not resume operations 

until it is shown on reinspection that conditions responsible for the order to cease operations no longer exist. 

Opportunity for reinspection shall be offered within a reasonable time. 

REVIEW OF PLANS 

8-201 Submission Of Plans. 

Whenever a food service establishment is constructed or extensively remodeled and whenever an existing 

structure is converted to use as a food service establishment, properly prepared plans and specifications for such 

construction, remodeling. or conversion shall be submitted to the Office of Public Gaming for review and approval 

before construction, remodeling or conversion is begun. The plans and specifications shall indicate the proposed 

layout, arrangement. mechanical plans, and construction materials of work areas, and the type and model of 

proposed fixed equipment and facilities. The Office of Public Gaming shall approve the plans and specifications if 

they meet the requirements of this regulation. No food service establishment shall be constructed, extensively 

remodeled, or converted except in accordance with plans and specifications approved by the Office of Public 

Gaming. 

PROCEDURE WHEN INFECTION IS SUSPECTED 

8-301 General. 

When the Office of Public Gaming has reasonable cause to suspect possible disease transmission by an 

employee of a food service establishment, it may secure a morbidity history of the suspected employee or make any 

other investigation as indicated and shall take appropriate action. The Office of Public Gaming may require any or 

all of the following measures: 

(a) The immediate exclusion of the employee from employment in food service establishments; 

(b) The immediate closing of the food service establishment concerned until, in the opinion of the Office of 

Public Gaming. no further danger of disease outbreak exists: 

(c) Restriction of the employee's services to some area of the establishment where there would be no 

danger of transmitting disease. 

Sections 203, 204, 2 1 1, 3 1 1,404,4 l8,4 19,421.422 of the Ordinance. 

Pursuant to NCA 84-04, as amended, the Office of Public Gaming, 

Muscogee (Creek) Nation, hereby adopts Regulation 90-03 

effective February 7, 1990. 

2/7/90 

Tim E. Harper, Commfssioner Date 

Effective: February 7, 1990 
REGULATION 90-04 

EMERGENCY/EVACUATION PROCEDURES 

Licensee shall establish written emergency procedures filed with 

the Office of Public Gaming for the following occurrences: 

1. Fire 

2. Tornado 

3. Bomb Threat 

4. Inclement Weather 

5. Emergency Health Incidents (Customer/Employee) 

6. Hold up/Armed Robbery Procedures 

Facility procedures filed with the Office of Public Gaming will 

include a description and diagram to be used for evacuation, 

handling emergency situations; further, rationale to be 

Management and staff in making said determination and not 

to respective authorities. 

Emergency procedures shall be communicated to all emplc 

same shall be posted in the facility for review by staff. 

used by 

fication 

lees and 

Section 203 and 419 of the Ordinance. 

Pursuant to NCA 84-04, as amended, the Office of Public 

Gaming, Muscogee (Creek) Nation, hereby adopts Regulation 

90-04 effective February 7, 1990. 

. . 

Tim E. Harper, Comnlissioner Date 

Effective: February 7, 1990 
Prepared by: OPG- 10/3/89 

Revised: 7/20/90 

-- EMPLOYEE GAMING LICENSE/PERMIT 

(I) Policy, Recognizing the need for an established procedure for the 

licensing/permitting of Muscogee Nation gaming facility employees, the 

following is hereby declared to be a policy of the Muscogee Nation Office of 

Public Gaming. Pursuant to Federal law (P.L. 100-497) regarding gaming on 

Indian lands, each gaming tribe shall ensure that there exists a standard 

whereby any person whose prior activities, criminal record, if any, or 

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

the effective regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the 

conduct of gaming shall not be eligible for employment. Therefore, the 

purpose of this Regulation shall be construed to protect Creek Nation gaming 

operations from potentially detrimental influences. 

(11) Definitions. As used in this wulation: 

"Key employee" means any Executive, employee or agent of a 

gaming entity having the authority to exercise a significant 

influence over decisions concerning any part of the daily operation 

of a gaming entity. 

The Commissioner shall have the authority to designate those 

positions which shall be considered as a key employee according to 

the operational structure of each establishment. 

"Gaming staff employee" means all those employees not included in 

the key employee classification. 

"Key employee license" means that license issued to a qualified key 

employee candidate by the Commissioner upon completion of 

appropriate background investigations, 

"Staff permit" means a work permit issued to those qualified 

gaming staff employees by the Commissioner upon completion of 

appropriate background investigations. 

"Provisional key employee license" means a temporary license issued 

to an individual who is employed in the classification of key 

employee at the execution of this Regulation. The provisional key 

employee license is valid for a period not to exceed one hundred 

and eighty (180) days and is instituted to allow sufficient time to 

perform background investigations upon the individual. 
(6) "Provisional gaming staff permit" means a temporary perrnit issued 

to a gaming staff employee who is employed by the facility at the 

execution of this Regulation. The provisional permit is valid for a 

period not to exceed thirty (30) days and is instituted to allow 

sufficient time to perform background investigations upon the 

employee. The provisional permit shall also apply to new hires by 

the facility to allow sufficient time to perform background 

investigations upon same. 

(111) Key employee license. 

Those individuals within or considered to be within the key 

employee classification shall be licensed by the Commissioner of 

Public Gaming. 

An individual shall be allowed to provisionally execute duties in the 

key employee classification until he/she has been approved and has 

obtained a key employee license, or has been formally denied 

licensing. 

Upon determination that an individual does not pose a threat to the 

conduct of the gaming operation, a Class E-1 license shall be issued 

to the individual. 

A Class E-1 license shall be valid for the remainder of the 

calendar year. 

The license is valid only at the location stipulated on the 

license, 

The individual shall apply for renewal of the license no less 

than 30 days prior to the expiration date of the existing 

license. 

All facilities shall be required to submit one or more of the 

following fees for reimbursement of investigative costs for 

each application. 

(i) $14.00 - FBI felony check 

(ii) $10.00 - OSBI felony check 

(iii) As a applicable - city/county records checldother 

Upon receipt of the request for license renewal, the Commissioner 

shall evaluate the licensed individuals personnel record regarding 

work ethics and activities which may have an effect upon the 

credibility of the gaming operation to determine if the renewal of 

such license is appropriate. 

Each license shall remain on the facility premises for which the 

license was issued in a conspicuous space as designated by the 

facilitv General Manager. 
(6) Conditional upon receiving a key employee license, the holder 

thereof must acknowledge the terms, including but not limited to 

all provisions of this Regulation and conditions of receiving said 

license and adherence to same. 

(IV) Gaming staff permit. 

Those individuals who do not occupy a key employee position shall 

be required to obtain a gaming staff permit. 

Upon application for permit, an individual shall be issued a 

provisional work permit, which will allow the individual to execute 

those duties for which he/she was employed. 

A provisional permit shall be issued to a facility new hire to allow 

such individual to perform those job duties until a gaming staff 

permit may be issued, or a determination of denial of a staff 

permit is issued. 

Upon determination that an individual does not pose a threat to the 

proper conduct of the gaming operation, a work permit shall be 

issued to the individual, 

(A) A work permit shall be valid for the individual's period of 

continuous employment. 

(B) The permit shall be surrendered upon termination of 

employment. Employees terminated but rehired shall reapply 

for a new permit. 

(c) The permit is valid only at the location stipulated on the 

permit 

(D) The permit shall be incorporated as part of the employee's 

identification badge and must be in the employee's possession 

at all times while on the gaming premises. 

(E) All facilities shall be required to submit one or more of the 

following fees for reimbursement of investigative costs for 

each application. 

(1) $14.00 - FBI felony check 

(ii) $10.00 - OSBI felonycheck 

(iii) As a applicable - city/county records checWother 

A permit may be revoked if granted under false pretenses, or if the 

holder thereof blatantly violates policies, terms or conditions of 

permit. 

The holder thereof shall be reviewed by the Office of Public 

Gaming on an annual basis regarding work ethics and activities 

which may have an effect upon the credibility of the gaming 

operation for consideration of continued nerrnit status. 
(v) Key Employee Ir~vestigative procedures. 

Each individual desiring to become an employee of 

Nation gaming facility shall complete an application(s 

a Muscogee 

;) which will 

reveal pertinent information regarding previous employment, 

activities and associations. 

The investigation process shall relate to the information which the 

applicant has submitted and the applicant shall be required to sign 

a release of information request to facilitate access to appropriate 

information. 

The applicant shall be required to sign a waiver to release, remise, 

and forever discharge the Muscogee Nation, Commissioner, agents 

thereof, and the facility operation from any and all actions, suits 

and judgements arising from information revealed through the 

investigation process. 

The investigative process may include: 

(A) Investigation of criminal activities through - 

(i) Federal Bureau of Investigation; and/or 

(ii) Oklahoma State Bureau of Investigation. 

(B) Investigation of previous employment. 

(c) Fingerprint cards- FBI (~ey Employee only) 

(D) Investigation of other pertinent items as stipulated on the 

submitted application relating to previous activities and habits. 

(VI) ApprovaVacceptance standards. 

(1) An applicant shall be issued a license/perrnit if the determination 

of the background investigation indicates the individual does not 

pose a threat to the ethical conduct of the gaming operation. 

(2) An applicant shall not be issued a license/permit if - 

(A) he/she has had felony conviction(s) for any capital crime 

(capital crimes are considered murder, murder for hire 

homicide, and other crimes of violence). 

(B) he/she has had felonv conviction(s) for theft, 

embezzlement, sale and or possession of drugs, or racketeering 

within the past five (5) years (ke employee applicant) or three 

(3) years (gaming staff applicantr 

(c) the applicant's previous employment indicates improprieties by the individual, including but not limited to embezzlement 

and/or fraudulent activities. 
(D) the applicant's previous activities and habits are considered 

detrimental to the ethical conduct of the gaming operation or 

to the effective regulation of gaming. 

(E) any pertinent information submitted in the application proves 

to be incorrect and/or intentionally misleading. 

(VII) The license/perrnit may be revoked and/or suspended by the 

Commissioner for violation of any provision of this Regulation and for 

any activities which are considered to be detrimental to the public 

interest or to the effective regulation of gaming. 

(vIII) Upon notification of nonacceptance/revocation of licensing/perrnitting, 

applicant will be informed and acknowledge appeal procedures and 

opportunity for hearing pursuant to established tribal law as stipulated 

in Sections 209, 210, 21 1, 213 and 214 of NCA 84-04, as amended. 

Sections 103 I, 104, 204, 215, 311, 315, 404, 419, 433 of the Ordinance. 

25 USC 2710 (b)(2)(F) and 25 USC 2710 (c)(4) of P.L. 100-407. 

Pursuant to NCA 84-04, as amended, the Office of Public 

Gaming, Muscogee (Creek) Nation, hereby adopts Regulation 

91-01 effective November 5, 1990. 

Date 

Effective: November 5, 1990