April 9,2009 

Richard Grellner 

CounseI for Kialegee Tribal Town 

439 N.W. 18th St. 

Oklahoma City, OK 73 103 

Re: Galegee Gaming Ordinance 

Dear Mr. Grellner: 

This is in response to your request, dated March 3,2009, for review and approval 

of the Kialegee Tribal Town Gaming Ordinance, adopted pursuant to Resolution TR2007-36 on November 20,2007. The gaming ordinance is consistent with the Indian 

Gaming Regulatory Act (IGRA) and National Indian Gaming Commission (NIGC) 

regulations. Therefore, it is hereby approved. 

For clarity of the record, E would like to make note of two important points. First, 

IGRA and the Tribe's gaming ordinance allow Indian gaming activities to take place only 

on Indian lands, and then only where not prohibited by IGRA's after-acquired Iands 

provisions. My approval of the gaming ordinance does not constitute a determination that 

the Kialegee Tribal Town possesses or has jurisdiction over any Indian lands eligibIe for 

gaming. Such site-specific issues will be addressed when the Tribe submits a notice under 

the NIGC's new facility license regulations, which is required before the Tribe opens any 

Indian gaming facility. 25 C.F.R. Part 559. 

Second, the Tribe's gaming ordinance authorizes the play of both Class I1 and 

Class 111 games. However, IGM requires any tribe wishing to play Class 111 games to 

obtain approval by the Secretary of the Interior of a tribal-state compact. The Tribe and 

the State of Oklahoma have signed a tribal-state compact, but my understanding is that 

the compact has not been approved by the Secretary of the Interior. Therefore, my 

approval of this gaming ordinance does not suggest that the Tribe may presently conduct 

Class IT1 gaming. To the contrary, unless and until the Secretary of the Interior approves a 

class ysp Tribe, Class III gamins is prohibited. 

be's submission. The NIGC looks forward to working with 

Chairman 

Cc: Kelly Harjo, Superintendent, BIA Okmulgee Agency 

NATIONAL HEADQUARTERS 1441 L St NM(. Surte $103, Washington. i3C 2W05 TeE. 202 632 7003 F~K: 202.632 7066 W.NlGc.GOV 

REGIONAL OFF~CES Ponland. OR, Sacramento. CA: Phoen~x, AZ, St. Paut, MN. Tulsa. OK 
KIALEGEE ENLW 

P.O. BOX 332 

WETUMKA, OKLRHOMA 74883 

MEKKO JENNFE LILLARD 

,. 

1 ST WARRIOR TIGER HOBIA 

Kialegee Tribal Town Resolution 

TR-2007936 

A RESOLUTION OF THE BUSINESS COMMITTEE APPROVING THE KIALEGEE TRIBAL 

TOWN GAMING COMPACT ORDINANCE AS PRESENTED, OUTLINING THE POLICIES AND 

PROCEDURES OF OPERATING CLASS11 and Ill GAMING. 

WHEREAS, The KiaTegee Etvlw (Tribal Town) one of the original towns of the Mvskake Confederacy, 

was organized pursuant to the provisions of the Oklahoma Indian Welfare Act of June 26, 

1936 (49 Stat. 1967; 25 U.S.C. 3 501 - 509): and, 

WHEREAS, The Kialegee Mekko (Town King), Cheea Harjo, did sign as the representative of the 

Kialegee Tribal Town the June 29, 1796 treaty of peace with the United States (7 Stat. 

56); and, . . 

WHEREAS, The Kialegee Constitution Article !I, Section 2 states "SEC. 2. To secure and obtain the 

benefits, rights, privileges, and powers as provided by the existing laws of the United 

States and those which hereafter may be enacted for the good and benefit of Indians or 

other citizens of the United States administered by different governmental agencies, such 

as relief, conservation, rehabilitation, resettlement, hospitafization, education, economic 

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

and, 

WHEREAS, The Kialegee Constitution Article IV, Section 3 states "SEC. 3. The Business Committee 

shalT have power to transact business or otherwise speak or act on behalf of the Town in 

all matters on which the Town is empowered to act. The powers of the Town shall be set 

forth in the Corporate Charter of the Town," and, 

WHEREAS, The Kialegee Business Committee does hereby approve the Kialegee Tribal Town 

Gaming Ordinance as presented, outlining the policies and procedures of operating Class 

111 gaming and submission to the National Indian Gaming Commission for approval 

pursuant to IGRA. 

We, the undersigned officers of the Kialegee Etvlw (Tribal Town) Business Committee do hereby certify 

that the foregoing Resolution TR-2007-36 was duly adopted on the 2~) day of /(CW 2007 

bya vote of ~7 for, & against, and -? Abstaining. 

KrALEGEE EWLW 

P.O. Box 332 

WETUMKA, OKLAHOMA 74883 

MEKK~ JENNIE SLLARD 

I ST WARRIOR TIGER HOBIA 

Kialegee Tribal Town Resolution 

TR-2007-38 

A RESOLUTION OF THE BUSINESS COMMITTEE APPP-OVING THE KIALEGEE TRIBAL 

TOWN GAMING COMPACT ORDINANCE AS PRESENTED, OUTLINING THE POLICIES AND 

PROCEDURES OF OPERATING CLASSll and Ill GAMING. 

WHEREAS, The Kialegee Etvlwv (Tribal Town) one of the original towns of the Mvskoke Confederacy, 

was organized pursuant to the provisions of the Oklahoma Indian Welfare Act of June 26, 

1936 (49 Stat. 1967; 25 U.S.C. § 501 - 509): and, 

WHEREAS, The Kialegee Mekko (Town King), Cheea Harjo, did sign as the representative of the 

Kialegee Tribal Town the June 29, 1796 treaty of peace with the United States (7 Stat. 

56); and, 

WHEREAS, The Kialegee Constitution Article !I, Section 2 states "SEC. 2. To secure and obtain the 

benefits, rights, privileges, and powers as provided by the existing taws of the United 

States and those which hereafter may be enacted for the good and benefit of Indians or 

other citizens of the United States administered by different governmental agencies, such 

as relief, consemation, rehabilitation, resettlement, hospitalization, education, economic 

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

and, 

WHEREAS, The Kialegee Constitution Article IV, Section 3 states 'SEC. 3. The Business Committee 

shall have power to transact business or otherwise speak or act on behalf of the Town in 

all matters on which the "Town is empowered to act. The powers of the Town shall be set 

forth in the Corporate Charter of the Town," and, 

WHEREAS, The Kialegee Business Committee does hereby approve the Kialegee Tribal Town 

Gaming Ordinance as presented, outlining the policies and procedures of operating Class 

Ill gaming and submission to the National lndian Gaming Commission for approval 

pursuant to IGRA. 

We, the undersigned officers of the Kialegee Etvlwv (Tribal Tom) Business Committee, do hereby certify 

that the foregoing Resolution TR-2007-36 was duly adopted on the 3~1 day of d~/k 2007 

by a vote of lo for, 8 against, and @ Abstaining. 
KTT of OK Gaming Ordinance 

Kalegee Tribal Town of Oklahoma Gaming Ordinance 

I'u rpose 

Definitions 

Gemtng Autl~erizcd 

Owncrsllip of Gaming 

Usc of Gaming Revenue 

Pcr Capita Payments 

Gaming Con~rnission 

Ethics 

Complirnentrry Items 

Aud~t 

Gnvi~-olirnrnt nnd Public Healttr snd Safety 

Dispr~tc Rcsolr~lion 

Tribal 1ntcl.naI Cont1.01 Standards 

Facil~e Liccnscs 

Agent for Serv~cc of Proccss 

Cnmpliancc with Federal Law 

Repcal 

'1-ri bnI Access to Financial Inforrn:%tion 

1,icense for Key E~~~plol~ces and Primary 

Wanxgement Officials 

1,icensc Application Forms 

1,iccnse Fces 

Fingerprints 

Rackground Investigations 

Pruci-durcs for Conducting a Background Check on 

Applicants 

Eligibility Dcterrliinatia~i 

I'roccdu~rs for Forwarding Applications and Reports 

For Key Cmptoyees and Primary Management Officials 

Report to the NlCC 

Granting a Gaming License 

License SuapensEon 

Eoard of Review for Disputes 

I.iccoses For Vendors 

Suhrnission nFa Vcndor License Application 

Contcnts aithc Vendor Liccnsc Applicat~on 

Vendor Baclrgror~nd lnvcstigations 

Vendor Liccnsc FCC 

Vcndor Backp-ound Investigation Report 

Ernemption for Ycndor License by Recopnizcd 
KTT of OK Gaming Ordinance 

Rcg~~la tory Au thnrities 

308. License for Yon-Gaming Vendors 

Section lOl. Purpose 

' -m> 

The Kialegee Tribal Town of Oklahoma (Tribe), empowered by the X7~$'~*C~~~~G-t~ enact ordinances, hereby enacts this ordinance in order to govern Class I1 Kd'~iass IT1 

gamlng operations on the Tribe's Indian lands 

Section 102. Definitions 

Unless a d~fferen! meanlng 1s clearly lndlcated in thls Ordinance, the terms used hereln shalt have the same meaning as defined In the Ind~an Gam~ng Regulatory Act {IGRA), 25 

U S C 5 2701 el seq . and ~ts regulations, 25 C.F R 5 500 et seq Speciftcally 

(a) Class I gaming means social games solely for prizes of rnln~mal value or tradrtional forms of Indian gamlng engaged rn by rndrviduals as a part of, or In connection with, 

tr~bal ceremonies or celebrations 

125 U.S.C. j 2703(6); 25 C.F.R. j 502.21 

(b) Class I1 gaming means: 

(1) Ihe game of cliance commonly known af, hingn (whether or not electronic. 

computer, or other tecl~~iologrc aids are used In colinectlon tl~erew~tli) 

(A) wh~ch IS played for prizes. ~ncludlng monetan, prizes, wirh cards 

heal Ing nu~nher? or other des~gnatin~rs. 

('3) rn wh~ch the holder of tl~c card covers such numbers or des~gnrrt~o~ls 

when ohjects, s~m~larly ~lu~nbered or des~gnated, are draw or electron~cally delermincd, and 

(c) IR wli~cl~ the, game IS won by thc first person coverlng a prev~o~~sly 

designated arrangement of nt~rnbers or des~gnat~ons on such cards, including (if played in llre same location) pulltabs, lotto, punch boards, ttp jars, tnstant blngo, and other game? sllnr[ar to 

b~ngo. and 

(2) card games that 

(A) are evplicitly authorized by the laws of the State, or 

are not explicitly prohib~ted by thc taws of the State and are played 

at any locatton In the State, but only 1s such card games are played In conformrty wit11 hose laws and reylations (~f any) of the State regardrng ho~lrs or per~ods of operation of such card 

games or l~m~tations onwagers or pot slzes in such card games 

(3) The iem "class 11 gaming" does not include. 

(A) any hanklng card games, lncludlng baccarat. chemln de fcr, or 

Blackjack (21). or 

(13) electronic or eIectromed~mical facsimiles of any game of chance or 

slot machines of any kind 



KTT of OK Gaming Ordinance 7 

(3) The Kialegee Tribal Town Trl bal Rus~i~css Conlnlittee shall des~gnate or create a Tr~bal coun syqteln, 

roruin. nr ad~n~n~strative process for resotutton of d~spuies cunccmmg the allocation of net gamlng revenues and tlie d~str~but~on of per capita payments and will explaui 

llow ~t wjll curreit deficlenc~es 

(4) Tlre Kialegee Tribal Town Tribat Business Comrn~ttee shall ensure that the Tribal revenue allocat~on plan 

reserves an adequate portion of net gamlng revenues from the tribal garnlng acllvity to do one or lnorc afthe following purposes fund Trrbal government operations or 

programs fo prov~dc for the gelieral welfare of the Tribc or its members: promote trrbal econornlc development, donate to char~table organ~zations; or to help fund 

operat~ons of Local government 

[25 C.F. R. $290.72(b)(l)] 

(5) The K~nlegec Tribal Tomi Trtbal Business Committee shall ensure that distrib~~tions of per caplta 

Paynients are made accordlng to spectfic eliyb~lity requirements 

(6) [ hr li~~legee Tribal Town Tribal Business Cornlnlttee shall ensure that Trtbal melnhers are notified of the 

lax l~ahil~ty for per capita payments mid how taxes with be wltlrheld 

[25 C.F.R. $ 290.72(b)(4); 26 C.F.R. Parf 311 

Section 107. Gaming Commissionm 

(a) The Tribe hereby establishes a Tr~bal Garn~ng Cornm~ss~on whose duty ~t is to regulate tribal gamlng operations The Tribal Gaming Comrniss~on shall cons~st of three 

members. There shall be among them a Chairperson, Uce-Chairperson, and one additional Cornmissloner. 

(b) The purpose of the Tr~bal Gaming Commission is regulatory, not managerla1 The Comm~ssion will conduct oversight to ensure compliance w~th Tribal, Federal, and, ~f 

appl~cable. State laws and regulat~ons. The Cornrn~ss~on w~ll serve as the I~canslng author~ty for lnd~v~duals employed rn the gamlng operation and w~ll administer background 

investigat~ons as part of the licens~ng process. The Comrnrssion will also have a role ~n rnonrtoring cornpl[ance w~th the internal controls for the gamlng operat~on and In track~ng 

revenues. In order to carry out its regulatory dut~es, the Cornrnrssion shall have unrestricted access to all areas of the garnlng operation and to all records The Cornmisston shall 

have author~ty to take enforcement actlons, rnciudlng suspension or revacatlon of an rndlv~dual gamlng Itcense when appropriate. 

(c) The Tribe recogt~izes the Importance of an ~ndependent Tribal Garn~ng Cornmtsslon in rnaintarn~ng a well-regulated gaming operatjon The Cornm~ss~on shall be and act 

~ndependently and autonomously from the Trtbal Business Cornrn~ttee In all matters within ~ts purvlew No pnor or subsequent revlew by the Tr~bal Bus~ness Commlttee of any actlons 

of the Cornmlss~ofi shall be requlred or perrn~tted except as otherw~se explicitly prov~ded In this Ordinance To avo~d potenttal confl~cts of Interest between the operatron and regulation 

of the gamlng fac~[~ty, the Trlbe hereby flnds that, at a mlnlmurn. 

(1) No member of the Tribal Business Committee may serve on the Gaming Commission 

(2) No member directly related to or living with any Tribal Buslncss Comrn~rtcc mcmher 

may serve on the Gamlng Commission, 
KTT of OK Gaming Ordinance 

(3) Mcnlbers of llre Gstnlng Cornmisston arc prolubited from gambllng 111 the 

f~cil~@, a~id 

(4) Members of the Gamlng Commission are proh~bited from accepting 

compl~mentary items from tlie garnlng operaflon, excepting fond and beverages 

valued at under five dollars 

(d) Tribal Gaming Cornm~ssioner positrons shall be filled In the following manner: 

Through appointment by the Kiafegee Tribal Town Tribal Business Committee. 

(e) Nominees for pos~t~ons of Tr~bal Gaming Cornrn~ssloner must satrsfy the surtablirty standards set forth for key employees and prlmary management oficiafs, found rn 

Sect~on 207 of th~s Ordrnance Such background lnvestrgat~ons shall be performed under the drrect~on of the Gam~ng Comm~ss~on by e~tber a des~gnated employee of the gamlng 

commlsslon or an euts~de independent vnvestrgatlve f~rrn. 

(f) The Tr~bal Gaming Commission shall: 

(1) Conduct or cause background Inves!lgatlons to be co~~ducted un. a1 a 

mlnlnlum primary rnanagment officials and key employees; 

(2) Review and approve all investigative work wnd~~cted: 

(3) Report result! of background invesl~gations to the NIGC, 

(4) Obtain and process fingerprints; 

(3 Make licensing su~tab~lity detcrminat~ons, whrch shall be signed by 

The Clra~m~an ofthe Gaming Commiss~on, 

(6) lssuc gaming l~censes to management officials and employees of the 

operatlon, consrstcnt rvtth tlie su~tabllrty detem~nation: 

(7) Establish standards for licensing Tribal garnilig operations: 

(8) Issr~e Fac~lity parntng licenses to TrlbaI Salnlnp operations; 

(9) Inspect, esarnine and monitor all gaming actlvit~es, and have ~mmed~atc 

access to review, tnspecl. exanune, photocopy and audlr all rccords of the ganllng 

e$tabl~$hment: 

(10) Ensure cornpliarice wtll all Tr~bal, State, and FederaE laws, rulcs, and 

KTT of OK Gaming Ordinance 10 

shall be disclosed to members of management, human resource personnet or others employed by the tr~ba[ gaming operation on a need-to-know basis for act~ons taken in their official 

cauacrt~es. 

Thrs Sect~on does not apply to requests for such information or records from any Tr~bal, federal or State law enforcement or regulatory agency, or for the use of such rnformatlon 

or records by the Commiss~on and staff In the performance of their official duties 

(h) Terms of Office for Tribal Gaming Commissioners shalt be as follows: the Chair shall serve an initial term of one year, with subsequent Chairs serving three-year terms 

The Vice-Chair and Comrnissioner(s) shall serve an initial term of two years, with subsequent Vice-Chairs and Commissioners servlng three-year terms. 

(i) The following persons are not eligible to serve as Tribal Gaming Commissioners: Tr~baT Business Committee members, while serving as such, employees of the gaming 

operation, wh~le servlng as such: gamlng contractors (~nclud~ng any principal of a management or other contracting company), persons d~rectly related to or shar~ng a residence wrth 

any of the above; persons Ineligible Zo be key employees or primary management officrals. Non-trrbal members previously convicted of a felony, of embezzlement, of theft, or of any 

other money-refated crrme or honesty-related crime (such as fraud) cannot serve as Tribal Gaming Commrss~oners. Tribal members prev~ously convicted of a felony, of embezzlement, 

of theff, or of any other money-related crlme or honesty-related crlrne (such as fraud) will only be allowed to serve as Tribal Gaming Commissioners ~f the Kialegee Tr~bal Town Tr~bal 

Business Cornmlttee spec~fically f~nds a sign~ficant amount of time has passed and that the person is now of trustworthy character. The Tr~bal Business Committee shall requlre a 

crlminal history check with appropriate law enforcement agencles and shall review this cr~mlnal h~story report and make an appropriate suitabll~ty deteminatlon before appointtng an 

~nd~v~dual to a posltlon as a Tr~bal Gaming Comm~ssioner. 

ti) The Independence of the Trlbal Gaming Commiss~on IS essential to a well-regulated gamlng operatran For that reason, Cornm~ssioners may only be removed from office 

by the K~alegee Jrtbal Town Tnbal Bus~ness Cornrn~ttee prlor to the explratron of thelr respecttve terms for neglect of duty, misconduct, malfeasance, or other acts that would render a 

cornmlssloner unqual~fied for hlslher poslt~on Any allegations of neglect of duty, rnrsconducl, malfeasance, or other acts that would render him or her unqualrfled for hlslher pos~tlon 

must be substant~ated by a preponderance of the ev~dence. Commiss~oners will be given an opportunity to provlde evidence rebutting the grounds for their proposed removal before 

the removal IS cons~dered A vote of the Klalegee Trlbal Town Tribal Bus~ness Comm~ttee an the valrdlty of the removal shall be flnal and not subject to further appeal. A wrongful 

removal shall entrtk the affected Cornmlss~oner to compensatlon for expenses incurred in an appeal and any pay wlthheld 

(k) A malorrty of the Cornm~ssion shall constrtute a quorum The concurrence of a majority of the members appo~nted to the Comm~ss~on shall be required for any final 

determination by thc Co~nrn~sslon The Cornmisston may act In its official capac~ty even tf there are vacancies on the Comm~ssion 

(I) Tribal Gaming Comrn~ssioners shall be compensated at a level determined by the Tribal Bus~ness Cornrn~ttee. Comm~ssloner compensation shall not be based on a 

percentage of gamlng revenue to ensure the Comrntss~on is not ~mproperly influenced. 

(m) The Comrnisslon shall keep a written record of all its meetings. 

Section 108. Ethicsu 

c3 

(a) The Tribe recognizes that the duties of the Tribal Gaming Comm~ssion ~nctude mak~ng important decisions on highly sensitive issues. As such, the Tr~be has determined 

that the Garn~ng Cornrnrssion shall be held to extremely h~gh ethical standards. Prior to taking the11 positions an the Commission (Members), the Members shall agree to be bound by 

the followrng pr~nciples: 

(1) Members shall not liold financ~al i~iterests that confl~ct with the conscientious 

pcrfarn~ance of tl~errlut~es as managers and regulators 

(2) Members shall not ensage in financial transactions using nonpublic 

Il~fonnatlon or allow the improper use of sl~clinformation by others on their bchalf to further any private Interest 

(3 Members shall not sol~cit or accept any giR or other item of monetary value, 

including cornplirne~itary items or serviccs (sct Section 11 0, below), from any person or entity seeking off~c~al action or inacrlon from, doing business wrth, or 

conduct~ng activitres regulated by the member's organization, or whose interests may be substantially affected by the performance or nonperformance of he 

Members' dut~es 

K'TT of OK Gaming Ordinance 12 

125 U. S. C. 6 277O(b)(2)(CJ; 25 C.F.R. $ 522.4(b)(3)] 

(b) All gaming related contracts that result in the purchase of supplies, services, or concessions in excess of $25.000 00 annually, except contracts for professional legal 

and accounting setvices, shall be specifically included w~th~n the scope of the audit that 1s described in subsection (a) above. 

125 U.S.C. 5 2710(6){2)(D); 25 C.F.R. 3 522.4(6)[4)] 

Section 171. Environment and Public Health and Safety 

(a) Gaming facil~t~es shall be constructed, maintained and operated in a manner that adequately protects the environment and the public health and safety 

125 U.S.C. 5 2710(b)(Z)(E); 25 5. F. R. 5 522.4(b)(7N 

(b] The K~alegee Tr~bal Town Tr~hal Bus~ness Cornrnrttee shall adopt standards that assure adequate protect~on of the env~ronrnent and the publ~c health and safety I"! 

Section 112. Patron Dispute Resolutionu 

Patrons who have complaints against the gamlng establishment shall have as their sole remedy the r~ghto file a petltlon for rel~ef with the Tr~bal Gam~ng Commission 

Complaints shell be submitted in writ~ng, and at the d~scretion of the Commission, the pet~tioner may be allowed to present evidence The Gamlng Comrn~ssion shall hold a hear~ng 

w~thrn 30 days of receipt of petitioner's complarnt. Petitloner may have counsel present at such hear~ng. The Comrnissron shall render a dec~sion In a t~rnely fash~on and all such 

decisions w~tl be final when ~ssued. Any patron complaint must be submitted to the Commission within th~dy (30) days of the inc~dent gtvrng rlse to the complaint. All cla~ms by patrons 

shall be lirn~ted to a maximum recovery of $10,000 00 per occurrence, and a cumulative limit of $50,000.00 per patron in any helve (22) month period, except disputes relat~ng to a 

patron's entitlement to a game prize, which shall be l~m~ted to the amount of such prize. The Commission's decrston shalE constitute the complainant's final remedy. 

Section 11 3. Tribal Internal Controt Standards 

The Tr~be shall adopt and ~mplernent Internal Control Standards (ICS) for the operation of its Tribal gaming operation In accordance w~th appf~cable law. The Tribe" ICS shall 

be set out in separate regulat~ons to be rev~ewed and approved by the Tr~bal Business Committee. 

Section 114. Facility LicensesU 

__._ ,_ 

(a) The Tribal Gaming Commiss~on shall issue a separate license to each place, facility, or location on Indian lands where class II and tlass Ill gaming is conducted under 

thrs ordinance 

{b) The Tr~bal Gaming Cornm~ss~on shall issue a separate ltcense to each place, facility, or tocation on lndran lands where Class II and Chss Ill gamlng IS conducted under 

thls ordinance once every three years The Tr~bal Garn~ng Cornm~ssron shall spec~fy the form, condlt~ons and content for the applicat~on for such I~censes, wh~ch shall be subm~tted 

by the chef management official of the fac~l~ty, and the rnrtial appl~cat~on shall Include a legal descr~pt~on of the lands whereon the fac~l~ty 1s located, and a certif~cat~on that sa~d 

premlses const~tute 'Ind~an lands" as specrfied rn the EndIan Garnrng Regulatory Act, and shall Identify the environmental, health, and publ~c safety standards w~th wh~ch the fac~l~ty 

must comply, and a certif~cat~on that the fac~f~ty IS rn cornpl~ance therew~th. Each subsequent appl~cation for the renewal of such facil~ty l~cense shal[ ~dent~fy any changes or addit~ons to 

satd legal descr~ption and app1,cable envrronrnental, health and safety standards, and Include current ced~fications of cornplrance therew~th The Trrbal Gam~ng Cornmiss~on shall only 

Issue such licenses ~f the applrcat~ons therefore Include the requ~red information and certrficat~ons and such further cond~t~ons asthe Tr~bal Gaming Commlssron shall have spec~fied 
KTT of OK Gaming Ordinance 13 

Section T15. Agent for Service of Process 

The Tribe hereby des~gnates the Chairman of the Tribal Business Committee as agent for sewice of process, who may be contacted at: 

Hwy 281 and 152, P.O. Box 487 Binger, Oklahoma 73009 

125 C.F.R. 5 579.?] 

Section 176. Compliance with Federal Laww 

The Tribe will comply with all applicable federal law, including the Bank Secrecy Act, 31 U.S.C. 9 5311 et seq. 

Section 1 17. Repealu 

To the extent that they are ~nconsistent w~th this ordinance, all prior gaming ord~nances are hereby repealed 

Section I 18. Tribal Access to Financial Informationw 

A copy of the Tribal gaming operation annual audit will be made available for review, upon request, to: 

Kialegee Tribal Town Business Committee of Oklahoma 

Section 201. Llccnses for Key Employees and 'Primary Management Officials 

The Tribe shall ensure that the policies and procedures set out In this section are implemented wrth resped to key employees and prlmary management officials employed at 

any gaming enterpr~se operated on lnd~an lands. The Tribe will issue licenses and perform background ~nvest~gat~ons according to requ~rements at least as strrngent as 25 C.F.R Parts 

556 and 558. 

125 U.S. C. 5 2770(b)(2)(FJ; 25 C. F.R. 5 558.3; 25 U.S. C. 5 522.4(b)(5J 

Section 202. License Application Forms 

(a) The followtng notice shall be placed on the application form for a key employee or a primary management official: 

In cornpl~ance wit11 tlie Privacy Act of 1974, the following ~nfonnation IS provided Sollcrtatton of thc lnformatlon on dr~s fonn 1s authorized by 25 U S C. 

2701 et seg The purpose of the requested infomat~on is to defemlne the el~glbllltv of lndlvlduals to be employed m a gamlng operallon The inforrnatlon w~l[ 

he used by the Tr~be and thc Natlonal Indian Gamin:, Commission members and staff who have need for the information in the performance oftl~elr offic~al 

duties The informat~on may be d~sclosed to appropriate Federal, Tr~bal, State, Eocaf, or fore~gn law enforcement and regulatory agencles when relevant to civll, 

cr~mlnal or regulatory investigations or prosecutions or when necessary pursuant to a requlrernent by a Tr~be or the Nationill Indian Gaming Comlnisslon In 

connectron wlth the htrlngor fir~ng of an employee, the Issuance or revocation of a gaming Ilcense, or rnvestigatlon of act~v~ties while assoclatcd w181 aTrlbe or 

n gamlng operailon Farlure to consent to the d~sclasures ind~cated in this notice will result in a Trrbe being unable to hire you In a primary management offjc~al 

or key cmployce posltioll 

Tl~c disclosure of your Soc~al Sccurjry Number (SSN) is voluntary. However, fa~lurc to supply a SSN niay rcsult 111 errors In processrng your applicallon 

125 C.F.R. 5 556.2(a)J 

KTT of OK Gaming Ordinance 15 

(6) A descr~pt~on of any ex~st~ng and prevlous busrness relationshtps w~th the gaming industry generally, indud~ng ownership interests rn those 

bus~nesses, 

(7) The name and address of any licens~ng or regulatory agency with whlch the person has fiied an appl~cation for a l~cense or permrt related 

to gaming, whether or not such license or perm~t was granted, 

(8) ~or'each felony for which there was an ongoing prosecution or a conviction, the charge, the name and address of the court ~nvolved, and the date and 

disposition if any; 

(3) For each m~sderneanor convlct~on or ongolng m~sderneanor prosecution (excluding mlnor traffic violat~ons), w~thln 10 years of the date of 

the applicat~on, the name and address of the court ~nvotved and the date and d~sposition, 

(10) For each crim~nat charge (excluding mlnnr traff~c charges), whether or not there is a conviction, if such cr~minal charge 1s with~n 10 years of 

the date of the appl~cat~on and is not othenv~se hstsd pursuant to paragraph (b)(8) or (b)(9) of th~s sect~on, the crim~nal charge, the name and address of the court involved and the date 

and dispos~t~on. 

(1 1) The name and address of any licensing or regulatory agency w~th which the person has filed an appltcafton for an occupational l~cense or 

perm~t, whether or not such l~cense or permit was granted. 

(12) A photograph taken within the last year; and 

(13) Any other lnformatjon the Tribe deems relevant 

125 C.F.R. 5 556.41 

Section 206. Procedures far Conducting a Background Check on Applicantsm 

(a) As part of ~t's review procedure, the Cornrn~ss~on orits agent shall employ or engage a private ~nvest~gator to conduct a background investigation on each applicant 

sufficient to allow the Gaming Cornm~ss~on to make an elig~b~lity determination under section 207 below. The invest~gator shall: 

(1) Verify the applicant's Identity through items such as a social securily card, drivers I~cense, birth certificate, or passport, 

(2) Contact each personal and business reference provided in the License Appl~cation, when possible; 

(3) Obtain a personal credit check; 

(4) Conduct a civil history check, 

(5) Conduct a crlmlnal history check vra the subm~ssion of the applicant's f~ngerpr~nts to the NIGC. and further obtain information from the 

approprrate court regard~ng past felony andtor misdemeanor conv~ct~ons and criminal charges wlthin the last ten years. 

(6) Inquire into any prevlous or ex~sting business relationships with the gaming industry and Ind~an tr~bes by contact~ng the entities or tribes, 

(7) Verify the applicant's history and status with any licensing agency by contacting the agency; and 

(8) Take other approprlate steps to ver~fy the accuracy of the ~nformation, focus~ng on problem areas noted. 

KTT of OK Gaming Ordinance 17 

(c) The Cornm~sston shall submit, wrth the investlgatrve report, a copy of the el~gib~l~ty determmation, unless the NIGC shall have adv~sed the Tr~be that the subm~ssron of 

the el~g~b~l~ty determlnatron 1s not necessary Th~s deterrnlnatlon shall Include a Statement describing how the Informatton subrnltted by the appl~cant was verrfied, a Statement of 

results following an Inquiry Into the applicant's prlor activrtres, cr~m~nal record, ~f any, and reputat~on, habits and assoaatlons, a Statement shawtng the results of lnterv~ews of a 

suffic~ent number of knowledgeable people (such as former employers, personal references, and others referred to by the appl~cant) In order to prov~de a bas~s for the Trrbal Gaming 

Cornrnrsslon to make a flnding concernlng the elrgrblllty for llcenslng requlred for employment rn a gamtng operation; and a Statement documenting the d~spos~tion ofall potentla1 

problem areas noted and d~squallfylng lnformat~on obtained EL 

[25 C.F.R. 556.5(cJJ 

(d) If a license is not issued to an applicant, the Tribal Gaming Commission: 

(1) Sl~alF not~fy the NIGC, and 

(2) Sl~all fnnvard copies of its eligibility detemlnatlon and tnvcstlgatlve report 

(~f any) to tlie NIGC for mdusion In the Indian Gaming Indivrduals Records System. 

[25 C.F.R. 5 556.5(d)] 

(e) W~th respect to all ernpl~yees,~ and tn particular key employees and primaq management officials, the Tribal Gam~ng Commission shall retam applications for 

employment and reports (~f any) of background investigat~ons for inspect~on by the Cha~rrnan of the N[GC or h~s or her designee for no less than three (3) years from the date of 

temlnallon of employment 

125 C.F.R. 5 558.1(c)] 

Section 210. Grantlng a Gamlng License 

(a) If, w~thin a th~rty (30) day per~od after the National Indian Garnlng Cornrn~ss~on receives a report, the Nat~onalnd~an Gaming Commission notifies the Tribe that ~t has 

no object~on to the issuance of a l~cense pursuant to a lrcense applicatron f~led by a key employee or a primav management off~c~al forwhom the Tr~be has provided an appllcatron and 

invest~gatlve report to the Natronal lndlan Gam~ng Cornrnlssion, the Tribal Gamrng Comrnlssion, acting for the Tribe, may issue a l~cense ta such appl~cant 

(b) The Tribal Gaming Commission shall respond to a request for additional lnformatlon from the Chaman of the National lndran Gaming Cornmtss~on concernlng a 

key employee ar a primary management off~c~ar who rs the subject of a report. Such a request shall suspend the 30-day per~od under paragraph (a) of th~s sectlon unt~l the Chairman 

of the Nat~onal Indian Gaming Comrn~ssion receives the add~tional information. 

(c) If, within the thirty (30) day period described above, the Natronal Indian Gaming Cornm~ssion provides the Tr~be with a Statement itemiz~ng objecttons to the Issuance of 

a f~cense to a key employee or to a prirnarj management official for whom the Tr~bal Gaming Comrnlssion has prov~ded an applkcation and investigative report to the National Indlan 

Garnlng Comrnlssion, the Trlbe shall reconsrder the applrcatron, taking into account the object~ons itern~zed by the National lndran Garnlng Comrnrss~on. The Tribe shall make the final 

declslon whether to issue a license to such applicant 

Section 27 1. License Suspension 
KTT of OK Gaming Ordinance 18 

(a) If, after the Issuance of a garnlng license, the Tribal Gaming Commission receives from the Nat~onal Indian Gaming Comm~ssion reliable information ind~cating that a key 

employee or a prlmay management official a not el~gible for employment, the Tr~bal Gaming Commission shall suspend such l~cense and shalt notify in wr~ting the licensee of the 

suspension and the proposed revocat~on. 

125 C.F. R. § 558.5(b)J 

(b) The Tr~bal Gamrng Comrn~ssion shall notlfy the l~censee of a tlme and a place for a hear~ng on the proposed revocation of a license 

125 C. F.R. 5 558.5(c)] 

(c) Afier a revocation hear~ng, the Tr~bal Gaming Commission shall decide to revoke or to reinstate a gaming license The Commiss~on shall notify the NlGC of ~ts decision 

125 C.F. R. 3 558.5(dlJ 

Section 21 2. Board of Review for DisputesLiA1 

]-he Trrbe has determuled that, in order to adhere to th~q Ordinance and all gaming regrrTations, there shatl be establ~slled a Tribal Gamlng Board nf Rev~ew (Board of Review) Tlie Board of Renew shall 

serve ns the final revienr body for employee d~sp~~res Employee disputes sliall lnclude disputes with management. kmllnatrons, fines or otlier ~ntcrnal employee disputes. not to include actlons taken by tlie 

Commiss~on. 

Tlie Board oiRevlew sl~all cons 1st of five members The nie~i~bzrsh~p shall be comprtsed of one member of the Trtbal Gaming Com~nrss~on one member from the Tr~bal Bt~s~ness Conun~ltee, one prlmarv 

lnanagement offic~al or key employee, one enrolled Tr~bal ~ire~~rhcr not employed by tl~e gaming operation, and one employee of tlie gaming aperatloll " The members from the Tr~hal Ga~ntng Commrss~on 

Trrbal Busrncss Comrnlttee, and garnlng operailon prlrnav management official or employees shall be elected from tlie~r representative youps and the enrolled Tr~bal ~nemhcr shall be appo~nted by the Trrhal 

Busrness Commlltee. Board oERevrew members shall serve slaggered terms The hvo Trlbal members shall serve three-year tenns The prlmary manazement offictal or key employee sllall serve a two-year 

tern1 Tlie members from the Tribal Garntng Comm~ssion and tlie lr~bal Busmess Cornm~ttce shall serve one-year terns The Board of Rev~ew men~bers rvl?o arc not employed by the Tr~be In some other 

capaclty shall be compensated at a ratc of S75.00 per rneetlng or hearlng, and shall be relrnbursed for actual costs incurred durlng the scope of hisfirer dutlcs as a member of the Board of Rwtew. 

Compcnsat~on shall never be tied to trlbal galnlng revenues 

The Board of Revlew members shall elect a Chairperson from among them, whose duty ~t shall be to preslde over all meetings and Iiearings In addrtion, tl~e members shall elect a Vice-Chaw who shall be the 

cusrodlan of any evidence submlued, and who shall preside In the Cha~rperson's absence. Thc Board of Review sl~all meet as needed but no later than ten days of a d~spute being received, sl~all keep ofticin1 

records of the meetings No later than three morking days following a hear~ng on employee disputes, the Board of Kevtew slralt i~sue ~ts find~ngs. F~ndings of the Board shall be final wlrcn ~ssued 

No Board of Rewew member slrall be removed prior to the end or hisA~er term witlrout cause Removal shatl be effectuated by a ~najorily vote of the entire Board of Rcvlew, and shall be a final decis~on A 

Board ntRevleiv member sl~all not rcvrcw any decrsior~s affecting himselfllierself, or any person directly related lo hrm or her. 

Section 301. Licenses for VendorsN 

(a) Vendors of gamlng services orsuppl~es with a value of 525,000[~!or more annually must have a vendor license from the Tribal Gaming Commission In order to transact 

business w~th the Trtbal gamlng operation. Contracts for professional legal and account~ng servlces are excluded from th~s section. 

(b) Gaming vendors are vendors who provide gamlng suppl~es and servlces, including cash-related sewices 

(c) Non-gamrng vendors provrde servlces that do not have the ab~l~ty to impact the integrity of the Tribal gaming operations, such as med~a advertising, facil~ty maintenance 

workers, hen and laundry services, and food and beverage suppl~ers. The Tribal Gaming Commiss~on shall create a regulation deta~l~ng which vendors fall into this category and shall 

rna~nta~n a register of the non-gaming vendors that it licenses. The regulation may exempt from ltcensing requirements nan-gaming vendors who: 1) are a Tribal. Local, State, or 

Federal government agencies; 2) are regulated by the State of Oklahoma or the Tribe; or 3) w~lf pr~vtde goods of insubstantial or insign~ficant amounts or quantities if the Tribal 

Gamrng Cornmiss~on determines that l~censing of the vendor IS not necessary to protect the publrc mterest. 
KTT of OK Gaming Ordinance 

Section 302. Subrnisslon of a Vendor License ~pplication~ 

111 order to obtarn a garnlng vendor license, tlie brlsiness milst complete a vendor application and subm~t to background checks of ~tself and its prlnc~pals. Princ~pals of a business lncludc ~ts officers, 

d~rectors. tnanagenlenl, owners, partners, non-~nst~tutronat stockholders that either own 10% or morc of the stock or are the I0 largest stockhoIders, and he on-sile supervisor or manaFcr under the 

agrccnient with the Tribe, ~f appticable 

Section 303. Contents of the Vendor License ~ppfication~ 

(a) Applications for gaming vendor licenses must include the following: 

(1) Name of bustness, busmess address, business phone, federal tax ID number (or SSN II a sole propr~etorship), main office address if different from buslness 

address, any other names the appl~cant has done busmess under, type of service applicant will provide: 

(2) Whether the applicant 1s a partnership. corporation, limited llabillty company, sole proprletorshlp, or other ent~ty. 

(3) If the applicant IS a corporation, the state of incorpora!ion, and the qual~ficalron to do bus~ness In the State of Oklahoma ~f the gaming operation IS In a d~fferent 

State than the State of rncorooratlon 

(4) Trade name, other names ever used, names of any wholly owned subs~d~aries or other businesses owned by the vendor or its principals; 

(5) General description of the business and its activities; 

(6) Whether the applicant wrll be investing in or [oaning money to the gaming operation and, if so, how much. 

(7) A descriptron of any exist~ng and previous busmess relationships with the gaming Industry generally, including ownershrp Interests in those businesses, 

(8) A list of Indian trjbes with which the vendor has an existing or prevlous business relationship, ~ncluding ownersh~p, financ~al, or management ~nterests rn nongaming activitie~,~ 

(9) Names, addresses, and phone numbers of three business references w~th whom the company had regularly done business for the last five years, 

(10) The name and address of any hcenslng or regulatory agency with which the business has f~led an appl~cation for a license or permit related to gamlng, whether 

or not such license or perrnlt was granted, 

(1 I) If the business has ever had a license revoked for any reason, the circumstances involved; 

(12) A list of lawsuits to which the business has been a defendant, including the name and address of the court involved, and the date and dispos~t~on if any; 

(13) L~st the business' funding sources and any liabilities of $50,000 or more." 

(14) A list of the prrnc~pals of the bus~ness, the~rsoc~al security numberr;, addresses and telephone numbers, title, and percentage of ownership in the company, and 

(1 5) Any further information the Tribe deems relevant. 

(b) The following notice shall be placed on the application fom for a vendor and its principals: