QUAPAW TRIBE GAMING ORDINANCE

TITLE I.

General Provisions

Section 100. Short Title.

This ordinance shall be known and may be cited as the Quapaw

Tribe Gaming Ordinance.

Section 101. Findings and Intent.

The Quapaw Tribe finds:

(a) The Quapaw Tribe desires to be selfsufficient in its

internal affairs, as continued reliance upon federal

and other resources will adversely affect the quality

of life of this Tribe.

(b) Public gaming operations have been introduced to the

Quapaw Tribe and it is of vital interest to the public

health, safety and welfare of the Quapaw people that

the Tribe promote and regulate public gaming in a

manner commensurate with the interests of the Quapaw

Tribe.

(c) By virtue of the treaties between the United States of

America and the Quapaw Tribe, and federal statutes and

court decisions which together have established and

maintained the doctrine of Indian sovereignty, there

remains the federal guarantee of the perpetual

integrity of the Quapaw Tribe.

(d) The Quapaw Tribe requires an economic base by which

Tribe may generate revenues in order to promote its

self-sufficiency and fund essential governmental

services.

(e) The operation and regulation of public gaming by the

Tribe is in the best interest of the Quapaw Tribe.

Further, the Quapaw Tribal Business Committee determines the

intent of this ordinance is to:
(f) Authorize, regulate, and control gaming on lands over

which the Quapaw Tribe exercises governmental authority

or control;

(g) Provide, revenue generated by the Tribes licensed

gaming operations, to fund tribal government operations

and programs, and to promote the general welfare of

Tribe;

(h) Foster a spirit of cooperation with the National Indian

Gaming Commission, and other federally recognized

tribes in the regulation of Tribal gaming;

(1) Protect gaming as a means of promoting tribal economic

development; and,

(j) Ensure Tribal gaming is conducted fairly and honestly

both by the operator and the players as a genuine means

of providing both recreation and entertainment, free

from organized crime and other corrupting influences.

Section 102. Definitions.

The following words and phrases when used in this Ordinance shall

have the meanings respectively ascribed to them in this section:

(a) Tribe shall mean the Quapaw Tribe, a federally

recognized Indian tribe organized pursuant to the

sovereign powers of the Quapaw people.

(b) Business Committee shall mean the governing body of

Tribe, duly elected in accordance with the provisions

of the governing resolution of Tribe.

(C) Gambling equipment shall mean any and all goods,

materials, machines or devices used to conduct gaming

activities by Tribe.

(d) Gaming shall mean the act of paying (wagering) for

the opportunity to participate in a game or games of

chance (risk) for a prize of money or something of

value; 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 -

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consumable goods, i.e., foodstuffs or games played in

private homes or residences for prizes or games

operated by charitable and educational organizations

which are approved by the Council.

(e) Gaming enterprise shall mean any commercial business

owned by Tribe and operated, in part or in whole, for

the conduct of Class II gaming as delineated by the

Indian Gaming Regulatory Act of 1988, 25 U.S.C. 52701,

et seq. and/or by virtue of Tribes exercise of its

governmental powers and authority as a sovereign

nation.

(f) Gaming Manager shall mean a person, organization or

entity that conducts the management of gaming at a

Tribal gaming enterprise; including an entity entering

into a management contract, with Tribe or Tribe itself,

including any subdivision thereof.

(g) Primary Management Offical shall mean (1) the person

having management responsibility for a management

contract; (2) any person who has the authority to hire

and fire employees or to set up working policy for the

gaming operation; or (3) the chief financial officer or

other person who has financial management

responsi lbi ty.

(h) Indian Gaming Regulatory Act of 1988 shall mean the

Act of the United States Congress adopted on October

17, 1988, as Public Law 100597, 102 Stat. 2467,

codified at 25 U.S.C. §2701, et seq.

(i) Key employees shall mean persons who serve as the

bingo caller, counting room supervisor, chief of

security, custodial of aming supplies or cash, floor

manager, bit boss, dealer, croupier, approver of

credit, or custodian of gambling devices including

persons with access to cash and accounting records

within such devices, a person whose total cash

compensation is in excess of $50,000.00 per year, and,

if not Included above, the four most highly compensated

persons in the gaming operation.

(j) License shall mean the permission by authority of

Tribe to do any act, which without such permission,

shall be illegal. License, with respect to real

property of Tribe, 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.

(k.) Licensee shall mean any person, entity or

organization granted a license pursuant to the

provisions of this Ordinance.

(1) Management Officials shall mean any persons who have

a direct financial interest in, or management

responsibility for, a gaming enterprise, and in the

case of a corporation, shall include those individuals

who serve on the board of directors of such corporation

and each of its stockholders who hold, directly or

indirectly, five percent (5%) or more of its issued and

outstanding stock.

(m) Other games of chance shall mean games similar to

traditional bingo in which prizes are awarded on the

basis of a designated winning number or numbers, color

or colors, symbol or symbols determined by chance.

Such games may be played using pull tabs, raffles,

paddlewheels, tipboards, punchboard, tip jars, gaming

tables, tokens, or satellite television transmission.

all of which shall have the same meaning as the term

Class II gaming as defined by the Indian Gaming

Regulatory Act of 1988, codified at 25 U.S.C.

§2703(7)(A). Any such games as are permitted to be

played in the State of Oklahoma by any person for any

purpose, shall be included in this definition.

(n) Shall as used in this Ordinance imposes an obligation

to act.

(0) Class II gaming shall mean

(1) bingo or lotto (whether or not electronic.

computer or other technologic aids are used) when

players

(A) play for prizes with cards bearing numbers or

other designations;

(B) cover numbers or designations when objects.

similarly numbered or designated, are drawn

or electronically determined; and

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(C) win the game by being the first person to

cover a designated pattern on such cards;

(2) if played at the same location as bingo or lot to,

pulltabs, punch boards, tip jars, instant bingo,

and other games similar to bingo;

(3) nonbanking card games that:

(A) state law explicitly authorizes, or does not

explicitly prohibit, and are played legally

anywhere in the state; and

(B) players play In conformity with state laws

and regulations concerning hours, periods of

operation, and limitations on wagers and pot

sizes.

(p) Class III gaming shall mean all forms of gaming that

are not Class I or Class II gaming, including but not

limited to:

(1) any house banking game, including but not limited

to:

(A) card games such as baccarat, chemin de fer,

blackjack (21), and pai gow (if played as

house banking games);

(B) casino games such as roulette, craps, and

keno;

(2) any slot machines as defined in 15 U.S.C. §

1171(a)(1) and electronic or electromechanical

facsimilies of any game of chance;

(3) any sports betting and parimutuel wagering

Including but not limited to wagering on horse

races, dog racing, or jai alai; or

(4) lotteries.

(q) Net Revenues or Net Profit shall mean gross gaming

revenues of an Indian gaming operation less:

(1) amounts paid out as, or paid for, prizes; and

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(2) total gamingrelated operating expenses, excluding

management fees.

Section 103. 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 provisions of any article or section of

this Ordinance.

Section 104. Civil Penalty Provisions.

It shall be a civil violation of the laws of the Quapaw Tribe to

any of the provisions of this Ordinance, any regulations

promulgated by the Tribal Gaming Board and of any proper order

issued under the authority of this Ordinance. Any person or

licensee so violating such authority shall be fined not more than

One Thousand Dollars ($1,000.00) or by suspension of license for

a period not to exceed one year, or by both such fine and

suspension or other penalty alternative under Tribal law,

including revocation; a show cause hearing pursuant to Section

208 shall be afforded by the Tribal Gaming Board to any person

subject to such civil penalty prior to any final determination to

impose any civil penalty.

Section 105. Liberal interpretation.

The provisions of this Ordinance, being necessary for the welfare

of the Tribe and its members, shall be construed liberally to

effect the purpose and objective hereof.

Section 106. Severability.

The provisions of this Ordinance are severable; and if any part

or provision hereof shall be held void by tribal or federal court

or federal agency, the decision of the court or agency so holding

shall not affect or impair any of the remaining provisions of the

Ordinance.

Section 107. Implementation.

It being immediately necessary for the preservation of the public

peace, health, and safety of Tribe and its members, this
Ordinance shall take effect and be in full force from and after

its approval and passage.

Section 108. Amendment.

This Ordinance may be amended only by majority vote of the Tribal

Business Commi ttee.

TITLE II.

Development, Administration and Enforcement

Section 200. Tribal Gaming Board Over Gaming.

In order to provide for the orderly development, administration,

and regulation of tribal gaming, the Tribal Gaming Board is

hereby empowered and established to exercise its authority as the

duly authorized body of Tribe over the regulation of any gaming

activity within the Quapaw Tribe in compliance with the

provisions of this Ordinance.

Section 201. Conflict of Interest.

Any Board member, or employee of the Board or any member of

his/her family living with him/her may not have a financial

interest in any gaming business of enterprise doing business with

Quapaw jurisdiction, or in any gaming contractor, or accept any

gift or thing of value from a gaming contractor so enjoyed by

Tribe. Nothing in this section shall prohibit a Board member or

other person subject to this section from having a financial

interest in any gaming business or enterprise operating pursuant

to the provisions of this Ordinance as would any member of Tribe

if entitled to such interest as a Tribal member, including any

per capita payments derived from profits made by any gaming

business or enterprise operating pursuant to the provisions of

this Ordinance.

Section 202. Gaming Board Duties.

(a) The Gaming Board shall be charged with the

responsibility of administering and enforcing the

provisions of this Ordinance.
(b) It shall be the responsibility of the Gaming Board to

promulgate regulations, if necessary, to administer the

provisions of this Ordinance. These duties involved in

the administration of this Ordinance shall include but

not be limited to the following:

(1) Printing and making available application forms

for initial and renewal licenses, as well as any

other necessary licenses and to make available the

licenses themselves;

(2) Supervise the collection of all fees and all

applicable taxes;

(3) Processing all gaming license applications;

(4) Issuing licenses and notifying the National Indian

Gaming Commission of such issuances as required by

the Indian Gaming Regulatory Act;

(5) Determining applicable license fees;

(6) Providing for outside independent audits of all

gaming activity licensed pursuant to the

provisions of this Ordinance and providing those

audits to the National Indian Gaming Commission or

other appropriate regulatory agency until the

Commission commences its duties;

(7) Reviewing all gaming operation contracts, records,

documents, and anything else necessary and

pertinent to the financial accountabilities of

licensees or the enforcement of any provision of

this ordinance, regulations adopted or other

applicable law.

(8) The Gaming Board shall have the power and

authority to deny any application, to limit,

condition, suspend, or restrict any license,

making a finding of suitability or approval of the

license or a finding of suitability or approval of

or the imposition of a fine upon any person

licensed for any cause deemed reasonable by the

Counc i 1;

(9) The performance of any other duties required in

the Ordinance or any amendments thereto or other
duties which may hereafter be specified by the

Gaming Board;

(10) Employing legal counsel;

(11) Defending the Ordinance in any court of law or

before any federal agency;

(12) Conduct or have conducted background

investigations on all primary management officials

and key employees of the involves gaming

enterprise, and maintain ongoing oversight of such

management and key employees;

(13) The Gaming Board shall propose an annual budget

for operations pursuant to the provisions of this

Ordinance.

Section 203. Power of Gaming Board.

The Gaming Board may exercise any proper power and authority

necessary to perform the duties assigned by this Ordinance and is

not limited by any enumeration of powers in this chapter.

Section 204. Plan of organization.

The Gaming Board may organize any functional committees or

divisions as may be necessary and may from time to time alter

such plan of organization as may be expedient.

Section 205. Notice of Amendment.

In adopting, amending, or repealing any provision under this

Ordinance, the Gaming Board shall give prior notice of the

proposed action to all licensees and other persons whom the

Gaming Board have reason to believe have a legitimate and bona

fide interest in such proposed action.

Section 206. Hearing.

The Gaming Board shall afford an applicant for a license an

opportunity for a hearing prior to a final action denying such

application and shall afford a licensee or any other person(s),

subject to this Ordinance, the opportunity for a hearing prior to

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taking final action resulting in terminating, revoking,

suspending, or limiting a license or any other adverse action the

Gaming Board deems appropriate, provided, the Gaming Board may

summarily suspend temporarily or extend suspension of a license

for thirty (30) days in those cases where such action is deemed

appropriate by the Gaming Board. In cases where a license is

suspended prior to a prompt hearing, an opportunity for a hearing

shall be provided.

Section 207. Gaming Board Findings.

Whenever upon specific factual finding the Gaming Board

determines any person has failed to comply with the provisions of

this Ordinance, or any regulation promulgated hereunder, the

Gaming Board 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

Gaming Board shall hold a hearing, at which time the subject

shall have an opportunity to be heard and to present evidence.

Section 208. Show Cause Hearing.

At such hearing, it shall be the obligation of the subject to

show cause why the determination is incorrect; why the

application in question should not be denied; why the license, or

licenses, in question should not be denied; why the license, or

licenses, in question should not be revoked or suspended; why the

period of suspension should not be extended; to show cause why

special conditions or limitations upon a license should not be

imposed; or to show cause why any other action regarding any

other person or persons subject to any action should not be

taken. At such hearing, the subject shall be allowed to have

access to evidence upon which any determination is made and to

confront witnesses.

Section 209. Gaming Authority Determination.

Following such hearing the Gaming Board shall, within seven (7)

days, reach a determination concerning the accuracy of the

preliminary certification of facts and whether the license in

question should be granted, continued, suspended, revoked,
conditioned, or limited and whether any other action recommended

to or by the Gaming Board (including, but not limited to,

forfeitures or fines) should be taken.

Section 210. Written determination provided.

Within three (3) days following this determination, the Gaming

Board shall inform the subject, in writing, of that

determination.

Section 211. Sanctions.

Any person who engages in activities on property subject to the

provisions of this Ordinance without a license in violation of

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

or in violation of any other provision of this Ordinance,

regulations promulgated hereunder, or amendments thereto shall be

in violation of the ordinance, Including any person who

unlawfully trespasses upon any premises licensed by this

Ordinance without the consent of the licensee and/or the Gaming

Board. Separate violations shall be prosecuted as separate

offenses before the Gaming Board or other Tribal judicial body,

or other judicial body as the case may be. Each day of violation

shall constitute a separate count or violation of this Ordinance.

A violator shall also be required to pay court costs, storage

fees, and auction or sales fees. All property used In each and

every separate violation of this Ordinance may become the

property of Tribe by forfeiture. Persons may be prohibited from

trespassing on premises licensed under this Ordinance; and

licenses may be suspended, revoked, or limited and/or

establishments may be forcibly closed. All such action shall be

taken at the discretion of the Gaming Board. Winnings found to

have been received in violation of this Ordinance are forfeited

and become the property of Tribe.

Section 213. No limitation on the number of gaming enterprises.

Nothing in this Ordinance shall limit the number of gaming

operators the Gaming Board can license pursuant to the provisions

of this Ordinance to conduct gaming on those lands within the

jurisdiction and control of Tribe.

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TITLE III.

Licensing

Section 300. License required.

Any person, organization or entity (including management

officials and key employees), engaged on behalf of Tribe, in

conducting public gaming enterprise pursuant to the provisions of

this Ordinance, on trust or restricted lands of Tribe and/or

which is subject to the jurisdiction of Tribe, or any person,

organization or entity selling, leasing or otherwise distributing

gambling equipment or video games of chance to Tribe, shall be

required to have and display prominently, or display upon

request, an appropriate, valid, and current Tribal public gaming

license issued pursuant to the provisions of this Ordinance. Any

other forms of public gaming operations being conducted within

the jurisdiction of Tribe without the lawful written approval of

the Gaming Board are prohibited. There shall be a license

required for each location, place and facility, and for each

class of license, that a person operates.

Section 301. Application.

(a) Except as provided for in Section 307, all persons or

organizations who seek to engage In public gaming

activities within the jurisdiction of Tribe may apply

for the appropriate license at lease thirty (30) days

prior to the scheduled activities or as otherwise

allowed in the discretion of the Gaming Board.

(b) The following notice shall be placed on the application

form for a key employee or primary management official

before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the

following Information is provided: Solicitation

of the following information on this form is

authorized by 25 U.S.C. §2701 et seq. The purpose

of the requested information Is to determine the

eligibility of Individuals to be employed in a

gaming operation. The information will be used by

the National Indian Gaming Commission members and

staff who have need for the information in the

performance of their official duties. The

information may be disclosed to appropriate

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Federal, Tribal, State, local, or foreign law

enforcement and regulatory agencies when relevant

to civil, criminal or regulatory investigations or

prosecutions or when pursuant to a requirement by

a tribe or the National Indian Gaming Commission

in connection with the hiring of firing of an

employee, the issuance or revocation of a gaming

license, or investigations of activities while

associated with a tribe or a gaming operation.

Failure to consent to the disclosures indicated in

this motice will result in a tribes being unable

to hire you in a primary management official or

key employee position.

The disclosure of your Social Security Number (SSN) is

voluntary. However, failure to supply a SSN may result

in errors in processing your application.

(C) Existing key employees and primary management officials

shall be notified in writing that they shall either:

(1) Complete a new application form that contains a

Privacy Act notice; or

(2) Sign a statement that contains the Privacy Act

notice and consent to the routine uses described

in that notice.

(d) The following notice shall be placed on the application

form for a key employee or primary management official

before that form is filled out by an applicant:

A false statement on any part of your

application may be grounds for not hiring

you, or for firing you after you begin work.

Also, you may be punished by fine or

imprisonment. (U.S. Code, title 18, section

1001. )

(e) Existing key employees or primary management officials

shall be notified in writing that they shall either:

(1) Complete a new application form that contains a

notice regarding false statements; or

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(2) Sign a statement that contains the notice

regarding false statements contained in subsection

(d) of this section.

Section 302. Application for gaming enterprise.

The application for any gaming enterprise made by the proposed

gaming operator for that gaming enterprise shall contain the

following information:

(a) the name and address of the gaming operator;

(b) the name(s) and address(es) of all Interested parties

(including those with direct or indirect financial

interests) and their interest and connection with the

applicant;

(c) the name and location of the gaming enterprise for

which the gaming operator license is being sought, the

number and types of games to be played, a detailed plan

of any proposed construction with an environmental

impact study, the number of planned employees, and a

business plan, which includes proforma projection;

(d) explicit and detailed information of any criminal

record of any party of interest whose name appears on

the application to determine whether any party of

interest:

(1) has committed a felony or gaming offense in any

j u r i s d i c t i on;

(2) has engaged in prior activities or maintains

habits or associations affecting his present

conduct which would:

(I) pose a threat to the public and Tribal

interests;

(ii) threaten the effective regulation and control

of Tribal gaming;

(iii) enhance the dangers of unsuitable, unfair, or

illegal methods, or activities in the conduct

of gaming or the appearance of same.
(3) the name and address of all proposed or actual

ancillary contractors who provide supplies,

services, concessions or property to the proposed

gaming operator;

(4) the social security number(s) of all parties of

interest whose names appear on the application;

(5) a description of any previous experience which the

proposed operator has had with the gaming industry

generally, and Indian gaming In particular,

including specifically the name and address of any

licensing or regulatory agency with which such

applicant has had contact relating to gaming;

(6) a financial statement of applicant;

(7) any additional information as may be deemed

necessary by the Gaming Board.

Section 303. Application for management officials and key

employees; and other employees.

(a) The application for management officials and key

employees of any gaming operator or Tribe shall

contain:

(1) Full name, other names used (oral or written),

birth date, birth place citizenship, gender, and

all languages used (spoken or written);

(2) The social security number(s) of the applicant;

(3) A description of any previous experience which the

applicant has had with the gaming industry

generally, including ownership interests in those

businesses;

(4) A description of any existing and previous

business relationships with Indian tribes.

including ownership interests in those businesses;

(5) Currently and for the previous five (5) years:

business and employment posi tions held, ownership

Interests in those businesses, business and

residence addresses, and drivers lincense numbers;
(6) For each felony for which there is an ongoing

prosecution or a conviction, the charge, the name

and address of the court involved, and the date

and disposition if any;

(7) For each misdemeanor conviction or ongoing

prosecution (excluding minor traffic violations),

within ten (10) years of the date of the

Applaication, the name and address of the Court

involved andd the date and disposition if any;

(8) For each additional criminal charge (excluding

minor traffic charges), whether or not there is a

conviction, if such criminal charge is within ten

(10) years of the date of the application and is

not otherwise listed pursuant to paragraph (6) or

(7) of this section, the criminal charge, the name

and address of the Court involved and the date and

di S P0 S it iOfl

(9) A Current photograph;

(10) The name and address of any licensing or

regulatory agency with which the person has filed

an application for a license or permit related to

gaming, whether or not such license or permit was

granted;

(11) The names and current addresses of at least three

personal references, including one personal

reference who was acquainted with the Applicant

during each period of residence listed under

paragraph (5) of this Section.

(12) any additional information, including the

fingerprints of the applicant, as may be

determined by the Gaming Board.

(b) Any other employee not a management official or key

employee shall be required to fill out an employment

application provided by the gaming operator of Tribe

and shall be required to submit to a background check

with local law enforcement authorities chosen by the

gaming manager of Tribe and leave on file with such

authorities a set of fingerprints, or as otherwise

required by any applicable Tribal/State compact.

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(C) The Tribe shall conduct an investigation sufficient to

make a determination under subsection (d) below. In

conducting a background investigation, the Tribe or its

agent shall promise to keep confidential the identity

of each person interviewed in the course of the

i nve s t i g at ion.

(d) The Tribe shall review a persons prior activities,

criminal record, if any, and reputation, habits and

associations to make a finding concerning the

eligibility of a key employee or primary management

official for employment in a gaming operation. If the

Tribe determines that employment of the person poses a

threat to the public interest or the effective

regulation of gaming, or creates or enhances dangers of

unsuitable, unfair, or illegal practices, methods and

activities in the conduct of gaming, a tribal gaming

operation shall not employ that person in a key

employee or primary management official position.

(e) When a key employee or primary managaement official

begins work at a gaming operation authorized by this

ordinance, the Tribe shall forward to the National

Indian Gaming Commission a completed application for

employment and conduct the background investigation and

make the determination referred to in subsection (c) of

this section.

(1) The Tribe shall forward the report referred to in

subsection (d) of this section to the National Indian

Gaming Commission within sixty (60) days after an

employee begins work or within sixty (60) days of the

approval of this ordinance by the Chairman of the

National Indian Gaming Commission. The gaming

operation shall not employ as a key employee or primary

management official a person who does not have a

license after ninety (90) days.

(g) Pursuant to the procedures set out in subsections (e)

and (f) of this section, the Tribe shall prepare and

forward to the National Indian Gaming Commission an

investigative report on each background investigation.

The investigative report shall Include all of the

following:

(1) Steps taken in conducting the investigation:
(2) Results obtained;

(3) Conclusions reached; and

(4) The basis for those conclusions.

The Tribe shall submit, with the report, a copy of the

eligibility determination made under subsection (d) of

this section.

(h) If a license is not issued to an applicant, the Tribe:

(1) Shall notify the National Indian Gaming

Commission; and

(2) May forward copies of its eligibility

determination and investigative report (if any) to

the National Indian Gaming Commission for

inclusion in its individuals records system.

(i) With respect to key employees and primary management

officials, the Tribe shall retain applications for

employment and reports (If any) of background

investigations for inspection by the Chairman of the

National Indian Gaming Commission or his or her

designee for no less than three (3) years from the date

of termination of employment or declination of

employment.

(j) All fingerprints used for application approval purposes

shall be taken by officers of the Bureau of Indian

Affairs, Miami Indian Agency, Miami, Oklahoma, until

such time that the Tribe has its own law enforcement

officers qualified to take fingerprints. The contact

person at that agency shall remain the Agency

Superintendent. The fingerprint cards shall then be

processed through the National Indian Gaming

Comm i s s ion

Sect-ion 304. Classes of Licenses.

Upon proper application and approval, the following classes of

licenses may be issued by the Gaming Board:

(a) Class I license for a gaming enterprise in which a

gaming management firm or entity wishes to conduct

traditional bingo and other games of chance at a Tribal
gaming enterprise; the license shall be site specific,

valid for a period of one year and shall have an

application fee of $1,000.00;

(b) Class II license to any distributor or manufacturer of

gambling equipment and/or video games of chance to be

used in a Tribal gaming enterprise; the license shall

be valid for a period of one year and shall have an

application fee of $2,500.00;

(c) Class III license for each video game of chance to be

used in a Tribal gaming enterprise; the license shall

be valid for a period of one year and shall have a fee

of $25.00 per machine.

Section 305. Fraud on application.

It shall be unlawful for any applicant to lie or willfully

deceive in the submission of a license application.

Section 306. Exemptions.

(a) The following activities are not public gaming

operations under the terms of this ordinance and,

therefore, do not require licensing under this Title:

(1) Gaming not for gain. Gaming in which no cash or

valuable prizes are won, other than points for

cumulative competitive ratings or places for

immediate competitive rankings, is not subject to

the provisions of this Ordinance. However, gaming

for fun which is conducted by a nonprofit

organization is subject to the requirement of this

ordinance if cash or valuable prizes are awarded.

Valuable prize means $100.00 or more in fair

market value.

(2) Traditional Indian Gaming. Traditional Indian

gaming activity, in the nature of hand games, are

not subject to the provisions of this Ordinance.

The Gaming Authority Is hereby authorized to

determine on a case-by-case basis, upon request,

whether a particular traditional gaming activity

qualifies for the. exemption.

is
Section 307. License Renewal

Every licensee intending to continue engaging In public gaming

activities within the Quapaw Tribal Jurisdiction during the next

calendar year shall apply for renewal of the license at least

thirty (30) days prior to the expiration of the previous license

period.

Section 308. License display.

Every licensed gaming operation shall display in a prominent

place a current and valid Quapaw Tribal License for that

I oc a t i on.

Section 309. Requirements to maintain license.

(a) Change In location. When a licensee changes a location

of public gaming activities within the Quapaw Tribal

Jurisdiction, the Gaming Board shall, after

notification by the licensee of such changes, issue a

corrected license for the balance of the current period

reflecting the new address upon reasonable proof of

change of address and without imposition of an

additional license fee.

(b) It shall be unlawful for any licensee to fail to notify

the Gaming Board of any new key employee, new ancillary

contractor, or new operator. The Gaming Board shall

Investigate and provide approval or disapproval of the

new key employee, contractor, or operator within thirty

(30) days. Any information received by the Gaming

Board shall be confidential.

(C) It shall be unlawful for any licensee to begin the

employment of a new person, begin the performance of

any new contract or begin the control of any new

operator without the approval of the Gaming Board.

(d) It shall be unlawful for any person to possess a

firearm or dangerous weapon on premises where licensed

gaming is allowed, with the exception of licensed

firearms for the maintenance or order, firearms

possessed by duly authorized peace officers, and

firearms maintained by the licensee if previously

approved by the Gaming Board and Tribal Law Enforcement

for protection of himself, his agents, and invitees.

2( -
(e) It shall be unlawful for a licensee to engage in

pawnbroking or to take goods or materials in hock or to

lend money or engage in similar activity with indigent

persons solely for the purpose of enabling the indigent

person to gamble. This provision is not intended to

prohibit the extending of credit by the licensee to

persons of means after proper application and credit

checks are performed.

(f) A licensee is required during normal business hours, to

maintain his premises open for inspection by the Gaming

Board or Its agents or any other authorized government

agency and keep its books and financial record open for

similar inspection.

(g) Licensed gaming employees and tribal gaming managers

must produce at a players request, losing tickets,

copies of canceled checks or other evidence of loss

acceptable to the Internal Revenue Service if requested

by the player or contestant at the time the player or

contestant buys a ticket or chance or otherwise enters

the game.

(h) The Gaming Board shall by regulation impose the

following additional requirements:

(1) A determination of whether and in what manner

rules of play must be posted for each type of

licensed gaming;

(2) The maximum prize, pot or bet limit, if any, that

shall be offered in any type of gaming;

(3) Rules for the particular conduct or any type of

licensed gaming should the Gaming Board deem that

such rules are necessary for the proper conduct or

gaming;

(4) Any other regulation controlling licensed gaming

which is deemed necessary by the Gaming Board.

Section 310. Fees.

Each application for an initial or renewal license shall be

accompanied by payment of the license fee. The Gaming Boards

determinatIon of the license fee properly owed under this

2]
Ordinance shall be final. This fee is imposed for the revocable

privilege of being licensed to engage in public gaming activities

within the jurisdiction of Tribe.

Section 311. Nontransferability.

The license Issued pursuant to the provisions of this Ordinance

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 Gaming

Board.

Section 312. Payment of license fees.

All license fees collected under authority of the Tribal Gaming

Board shall be paid to the Treasury of Tribe.

Section 313. License as a revocable privilege.

The public gaming operations license is a revocable privilege,

and no holder thereof shall be deemed to have an interest in any

vested rights therein or thereunder. The burden of proving

qualifications to hold any license rests at all times in the

licensee. The Gaming Board 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 person or persons whose operations are

conducted in an unsuitable manner.

Section 314. Violations.

Violation of any provision of this Ordinance or any of the Gaming

Boards Regulations by a Licensee, his agent, or employee shall:

(a) be deemed contrary to the public health, safety,

morals, good order, and general welfare of Tribe and

Its members;

(b) be grounds for refusing to grant or renew a license, or

for suspension or revocation of a license;

(c) be grounds for the filing of criminal charges and/or a

civil action In a court of competent jurisdiction on

behalf of the Gaming Board; and,

2~
(d) be grounds for immediate revocation of license in the

case of a licensee being convicted of a felony.

Acceptance of a license or renewal thereof or condition imposed

thereon by a licensee constitutes agreement on the part of the

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

the Gaming Board and by the provisions of this Ordinance as the

same are now or may hereafter be amended or promulgated. It is

the responsibility of the licensee to keep him/herself informed

of the contents of all such regulations, provisions, and

conditions, and ignorance thereof will not excuse the violation.

TITLE IV

Rules of General Applicability

Section 400. Rules of gaming operation.

Each licensee operating a gaming enterprise under a license

issued pursuant to the provisions of this Ordinance shall

prominently display In writing all rules and regulations

pertaining to all gaming activity, including but not limited to

traditional bingo and other games of chance, near the specific

location where such gaming activity is conducted; or shall make

available a written list of all such rules and regulations to any

person making a request for such.

Each gaming employee and management entity licensed under the

provisions of this Ordinance shall utilize gaming rules and

regulations that are In compliance with the laws of Tribe, the

United States of America, and any gaming Compact and,

specifically, the Indian Gaming Regulatory Act of 1988.

Section 401. Service Agent

In the event that service of process is necessary on the Quapaw

Tribe of Oklahoma it shall be served upon the Tribes general

counsel as follows:

2~
M. Allen Core

4100E. 51st Street

Suite 104

Tulsa, OK 74135

Section 402. Restrictions for gaming enterprises.

Each licensee operating a gaming enterprise under a license

issued pursuant to the provisions of this Ordinance must at all

times observe the following restrictions on gaming activities:

(a) Minimum age for players: no person below the age of

eighteen (18) years on the date of gaming shall be

permitted to participate in the gaming in any gaming

enterprise licensed under the provisions of this

Ordinance. If any person below the age of eighteen

(18) years plays and otherwise qualifies to win any

prize, the prize shall not be paid, and the estimated

amount wagered during the course of the game shall be

returned to the player.

(b) Prohibition on alcohol: no gaming enterprise shall

allow to be sold or, otherwise make available, any

beverage containing alcohol, including, but not limited

to, beer or liquor at the gaming enterprise location

without the specific approval of same by the Gaming

Board.

(c) Prohibition on firearms: no firearms or airguns which

are capable of discharging dangerous projectiles or

games, including, but not limited to, bbs or C02

guns, rifles, shotguns, pistols, or revolvers, shall be

allowed on the premises except as permitted for

security by an employed security force or other city,

state, or federal law enforcement officers in the

course of their official duties.

24
TITLE V.

Indian Gaging Regulatory Act

Section 500. Policy.

It shall be the policy of Tribe to fully comply with all

applicable U.S. Federal law, to include the provisions of the

Indian Gaming Regulatory Act of 1988, P.L. 100597, 102 Stat.

2467. codified at 25 U.S.C. §2701, et seq., and the Tribal Gaming

Compact, if any, in the conduct of all gaming activity within the

jurisdiction of Tribe.

Section 501. Proprietary Interest.

The Quapaw Tribe shall have the sole proprietary interest in and

responsibility for the conduct of any gaming activity, Class II

or Class III, as those terms are defined by Indian Gaming

Regulatory Act of 1988, 25 U.S.C. §2703(7). (8) within the

jurisdiction of Tribe.

Section 502. Net Revenues.

Net revenues derived from gaming activity shall be utilized for

the following purposes:

(a) To fund Tribal government operations or programs;

(b) To provide for the general welfare of Tribe and its

member s;

(c) To promote Tribal economic development;

(d) To donate to charitable organizations; or

(e) To help fund operations of local government agencies.

Section 503. Per capita payments.

Net revenues from any Class II gaming activity (as defined by the

Indian Gaming Regulatory Act, 25 U.S.C. §2703) may be used to

make per capita payments to Tribal members only if the following

conditions arefirsr met:

25
(a) Tribe has prepared an adequate plan for allocation of

net revenues as described above in Section 502, which

plan has been approved by the Secretary of Interior or

his authorized delegee;

(b) In the event of a per capita distribution, the

interests of affected minors and other legally

incompetent persons entitled to such per capita

payments are adequately protected and preserved, under

a plan approved by the Gaming Board and by the

Secretary of the Interior or his authorized delegee;

and,

(c) The recipients of the said per capita payments are

properly notified by Tribe that the payments are

subject to federal taxation.

Section 504. Licensee standards.

It is the further duty of the Gaming Board to develop standards

whereby any person whose prior activities, criminal record, if

any, or reputation, habits or associations pose a threat to the

public interest or to the effective regulation of the gaming

activity contemplated herein, 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 by any gaming activity licensed by the Gaming Board.

The Gaming Board shall conduct background investigations on

primary management officials and key employees of all gaming

activity. The results of such background checks shall be

supplied to the National Indian Gaming Commission prior to the

issuance of any gaming license.

Section 505. Contracts.

All contracts for supplies, services, or concessions for a

contract amount in excess of Twenty-five Thousand Dollars

($25,000.00) annually (except for contracts for professional

legal or accounting services) relating to Class II gaming (as

defined by the Indian Gaming Regulatory Act. 25 U.S.C. S2703)

shall be subject to the outside independent audits provided for

in Title II, Section 206(6) of this Ordinance.

2(
Section 506. Protections.

It is the further duty of the Gaming Board to ensure that any

construction and maintenance of any gaming facility licensed by

the Gaming Board, and the operation of the gaming activity

therein shall be conducted In a mariner which adequately protects

the environment and the public health and safety.

Section 507. Licenses for continuing operations.

No licenses will be issued to allow the continuing operation of

individually owned gaming establishments since none were in

operation on September 1, 1986.

Section 508. Tribal Self-Regulation.

It is the intent of Tribe to request a hearing before the

National Indian Gaming Commission for the issuance of a

certificate of selfregulation. In anticipation of being self

regulating, Tribe ensures that it will:

(a) conduct its gaming activity in a manner which:

(1) has resulted in an effective and honest accounting

of all revenues;

(2) has resulted in a reputation for safe, fair, and

honest operation of the activity; and,

(3) has been generally free of evidence of criminal or

dishonest act ivi ty;

(b) adopt and implement adequate systems for;

(1) accounting for all revenues from licensed gaming

activity;

(2) Investigation, licensing, and monitoring of all

employees of the gaming activity; and,

(3) investigation, enforcement, and prosecution of

violations of this Ordinance and regulations; and,

(C) conduct all gaming operations on a fiscally and

economically sound basis.

2~
Section 509. Management agreements.

All management agreements entered into by Tribe, if any, shall

comply with all the applicable provisions of the Indian Gaming

Regulatory Act of 1988,25 U.S.C. 52711.

Section 510. Internal Revenue Code.

All applicable Internal Revenue Code provisions concerning

reporting and withholding of taxes with respect to the winnings

from gaming shall be adhered to.

Section 511. Arbitration and Dispute Resolution.

(a) In the event that a dispute arises between TRIBE and

any gaming manager (if one exists or is obtained) as to

one of the following matters, the matter may be brought

by either party to arbitration under the then existing

rules of the American Arbitration Association in Tulsa,

Oklahoma.

(1) Whether there is a material breach of this

Agreement giving cause to terminate any contract

pursuant to the contracts termination clause; or

(2) Disputes concerning any other substantive matter

on which the parties are unable to agree.

(b) In the event that a dispute arises between a management

contractor and a patron that cannot be resolved

informally at the time of the incident, a patron shall

have the right to file a written complaint and be heard

before the Quapaw Tribal Gaming Control Commission.

The written complaint must be received by the Gaming

Control Commission within thirty (30) days of the

incident. A decision of the Control Commission may be

appealed to the Quapaw Tribal Business Committee by

filing an appeal in writing with the Secretary of the

Business Committee within ten (10) days of the decision

of the Gaming Control Commission being received. The

decision of the Business Committee is final.

2~

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CERTIFICATION

This is to certify that the foregoing QUAPAW TRIBE CANING ORDINANCE was duly

adopted and enacted as revised by action of the duly elected Quapaw Tribal

Business Committee at:a specially called meeting conducted on Monday October

24, 1994. The vote reflecting 7 yes, 0 no, 0 abstensions and 0 absent. Be

it further cetified that this document supercedes and replaces all previous

gaming ordinances of the Quapaw Tribe.

Grace Goodeagle, Chairman

Quapaw Tribal Business Committee

Quapaw Tribe of Oklahoma

October 24, 1994

Lloyd B falo, ~retaryTreasurer

Quapaw Tribal,~Æiness Committee

Quapaw Tribe ~f Oklahoma

October 24, 1994

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