OCT 2 7 1993 

Floyd E. Leonard, Chief 

Miami Tribe of Oklahoma 

202 South Eight Tribes Trail 

P.O. Box 1326 

Miami, Oklahoma 74355 

Dear Chief Leonard: 

Thank you for submitting the gaming ordinance adopted by the 

Miami Tribe of Oklahoma on August 23, 1993. The ordinance was 

received on August 30, 1993. 

Under the Indian Gaming Regulatory Act (IGRA) and the 

National Indian Gaming Commission's (NIGC1s) regulations, the 

NIGC must approve or disapprove a new ordinance within 90 days 

after the date of submission. 

The NIGC has reviewed the new ordinance submitted by the 

Miami Tribe and has determined that nearly all of the content and 

submission requirements contained in 25 C.F.R. part 522 have been 

satisfied. The submission does, however, fail to identify a law 

enforcement agency that will take fingerprints pursuant to 25 

C.F.R. §522.2(h). Also, please advise the NIGC whether the Tribe 

intends to use the NIGC or some other authorized agency to 

process the fingerprint cards through the FBI. 

The deadline for approval of the Miami Tribe's ordinance is 

November 28, 1993. To avoid disapproval of the ordinance, the 

above-mentioned problems must be resolved in time for the NIGC's 

review to meet the November 28 deadline. If you feel these 

problems cannot be resolved in that time, we suggest that you 

withdraw the submission and resubmit the ordinance and procedures 

after the problems have been addressed. 

Please feel free to contact Susan Carletta at (202) 632-7003 

if you have any questions regrading this matter. Thank you for 

your cooperation. 

Sincerely, 

7- Q -+ 

Michael D. Cox 

General Counsel 

Enclosure 

cc: Ed Matukewicz, Esq. 
208 South Eight Tribes Rail 

P.O. Box 1926 - Miami, Oklahome 74555 

Phone: @1854%1445 - Fax: 9166487260 

RESOLUTION 93-44 

RESOLUTION TO hMlPT AN ACT RELATING TO MIAMI TRIBE OF OKLAHOMA REGdRDING REGULATION AND LICENSING OF GAMING ON INDIAN 

LANDS 

WHEREAS: the Miami Tribe of Oklahoma is a Federally recognized Indian Tribe of Indians organized pursuant to a Constitution and By-Laws ratified January 6, 1938, as amended by 

the People of the Miami Tribe from time to time as provided 

in the Oklahoma Indian Welfare Act of June 26, 1936, Ch. 831, 

49 Stat. 1967, and 

WHEREAS: Article V, Section (1) of the Constitution and ByLaws of the Miami Tribe of Oklahoma provides that the Miami 

Business Committee shall have the power to act on behalf of 

the Tribe in all matters on which the Tribe is empowered to 

act, and 

WHEREAS: the Miami Business Committee is the Supreme governing body of the Miami Tribe of Oklahoma with the authority to 

enact laws and ordinances and to interpret provisions of the 

Constitution and By-Laws, and 

WHEREAS: in certain treaties entered into between the Miami 

Tribe and the United States, the Miami Tribe undertook to 

provide protection to businesses which were located within 

its jurisdiction and retained all of its inherent rights of 

self government, and 

WHEREAS: the Miami Tribe of Oklahoma is desirous of providing a basis under tribal law to authorize and regulate the 

conduct of gaming on Indian lands of the Miami Tribe including entering into tribal-state compacts with the states 

where Miami Indian lands are located and entering into appropriate management contracts with management agents to provide 

for the establishment and operation of Class I1 and Class I11 

gaming operations as defined by the Indian Gaming Regulatory 

Act of 1988, and 

WHEREAS: the Miami Tribe desires to approve the attached 

"MIAMI TRIBE GAMING ACT" in order to authorize and regulate 

gaming on Indian lands of the Miami Tribe as defined by the 

Indian Gaming Regulatory Act of 1988, and 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

WHEREAS, the Constitution and By-laws of the Miami Tribe 

provides that enactments are to be passed by a majority of the 

Business Committee members present; and, 

BE IT ENACTED BY THE MIAMI TRIBE OF OKLAHOMA: 

AN ACT RELATING TO MIAMI TRIBE OF OKLAHOIU+ 

REGARDING REGULATION AND LICENSING OF GAMING ON INDIAN LANDS 

Chapter 1 

General Provisions 

Section 1-1 

Title 

This enactment shall be known as the "Miami Tribe Gaming Act1@. 

Section 1-2 

Purpose 

The purpose of this Act is: 

1. To regulate the conduct of gaming owned and operated by 

the Miami Tribe of Oklahoma or its officially licensed 

agents, on Indian lands of the Miami Tribe of Oklahoma, 

(hereafter referred to as "Miami Tribew) in compliance 

with Public Law 100-497, October 17, 1988, 102 Stat. 

2467, the Indian Gaming Regulatory Act (811GRA'1). 

2. To provide a basis under tribal law for the operation 

of gaming on Indian lands as a means for promoting 

tribal economic development, self-sufficiency, and a 

strong tribal government. 

3. To provide a basis under tribal law for the regulation 

of gaming by the Miami Tribe of Oklahoma adequate to 

shield it from organized crime and other corrupting 

influences, and to insure that the Miami Tribe is the 

primary beneficiary of the gaming operation, and to 

assure that gaming is conducted fairly and honestly by 

the Miami Tribe, its agents and players. 
, -- 

RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 1-3 

Definitions 

1. "Act" means this Miami Tribe Gaming Act. 

2. "Business Committeent means the Miami Tribe Business 

Committee. 

. IfChairman" means the Chairman of the Miami Tribe Gaming 

Commission established pursuant to this Ordinance. 

. "Class I gamingv1 means social games solely for prizes of 

minimal value or traditional forms of Indian gaming 

engaged in by individuals as a part of, or in 

connection, with tribal ceremonies or celebrations. 

i. "Class I1 gamingft means the game commonly known as bingo 

(whether or not electronic, computer or other 

technology are used in connection therewith) and which 

is played with prizes including monetary prizes with 

cards bearing numbers of other designations, and in 

which the holder of the card covers such numbers or 

designations when objects, similarly numbered or 

designated, or drawn or are electronically determined, 

and in which the game is won by the first person 

covering a previously designated arrangement of numbers 

or designations on such cards, including pull tabs, 

lotto, punch boards, tip jars, instant bingo, and other 

games similar to bingo. This class of gaming also 

includes card games that are explicitly authorized by 

state laws or are not explicitly prohibited by state 

laws and are played at any location in the state. 

Class I1 gaming does not include any banking card 

games, including baccarat, chemindefer, or black jack 

(21) or electronic or electromechanical facsimiles of 

any games of chance or slot machines of any kind. 

5. *lClass I11 gaming" means all forms of gaming that are 

not Class I gaming or Class I1 gaming. 

7. "Commission" means the Miami Tribe Gaming Commission 

established by this Ordinance. 
,- 

RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

8. alCompactlv means the agreement between the Miami Tribe 

and any State of the United States, pursuant to 25 

U.S.C. S2710(b)(iv), as further approved in accordance 

with the Indian Gaming Regulatory Act, as the 

procedures under which Class 111 gaming may be 

conducted on Indian lands over which the Miami Tribe 

has jurisdiction. 

1. llExecutive Director" means the Executive Director of the 

Miami Tribe Gaming Commission established pursuant to 

this ordinance. 

10. *lIGRA" means the Indian Gaming Regulatory Act of 1988, 

P. L. 100-497. 

11. "Indian land" means any land the title to which is 

either held in trust by the United States for the 

benefit of the Miami Tribe of Oklahoma or its members 

or is held by the Miami Tribe of Oklahoma, or its 

members subject to restriction by the United States 

against all alienation and over which the Miami Tribe 

of Oklahoma exercises governmental power; as defined by 

IGRA . 

12. 8tState1* means any State of the United States. 

13. "Tribe" means the Miami Tribe of Oklahoma. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Chapter 2 

Administration and Enforcement 

Section 2-1 

Establishment of the Miami Tribe gaming office and commission. 

There is hereby established the Miami Tribe Gaming Office 

and the Miami Tribe Gaming Commission which shall have the duties 

and powers as hereinafter described. 

The Commission shall constitute no less than three (3) nor 

more than five (5) members to be appointed by the Chief acting as 

the Chairman of the Miami Business Committee. Commission members 

will serve for a period of two (2) years. However, for the first 

appointments, the names shall be placed in a receptacle with the 

first name drawn serving a term of two (2) years. The second 

name drawn shall serve a term of one (1) year, and terms shall 

alternate accordingly with each subsequent name drawn. The 

Commission shall elect from among its members a Chairman. The 

Commission shall have the power to generally oversee the Chairman 

and the tribal gaming office and review its actions for approval 

or ensure compliance with this Act and any regulations adopted 

and orders issued by the Commission. The Commission members 

shall submit to a conflict of interest provision to disclose 

potential unethical situations. 

Section 2-2 

Powers and Duties of the Commission 

Duties of the commission 

It shall be the responsibility of the Commission to 

promulgate regulations necessary to administer the provisions of 

this Act. The duties shall include, but not be limited to the 

following: 

1. Printing and making available application forms for 

initial and renewal licenses, as well as other licenses 

or tax return forms. 

2. Supervise the collection of all fees and taxes 

prescribed by this Act. 

3. Processing all license applications and tax returns 

which will be submitted under oath. 

4. Issuance of licenses. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Determining applicable license fees. 

Auditing all returns. 

Reviewing all records, documents and anything else 

necessary and pertinent to the financial 

accountabilities of licensees or enforcement of any 

provision of this ordinance. 

Review for approval or denial any application or 

licensee, and to limit conditions to suspend or 

restrict any license. 

Propose fines and penalties as needed. 

Preparing and monitoring a plan for the protection or 

public safety and the physical security of patrons 

utilizing security and law enforcement personnel. 

Review and approve floor plans and surveillance systems 

for each gaming facility and shall confer with the 

State regarding the adequacy of such plans and systems. 

Maintain a list of persons barred from the gaming 

facilities because their criminal history or 

associations pose a threat to the integrity of the 

gaming activities of the Miami Tribe. 

Approve the rules of each game of chance operated 

pursuant to this Act. 

Commencement of any civil or criminal action necessary 

to enforce the provisions of this Act. 

Retain legal counsel or other professional services, 

including investigative services, to assist the 

Commission with respect to any of the issues over which 

the Commission exercised jurisdiction. 

Hire appropriate staff, subject to the approval of the 

Business Committee, necessary to carry out its duties. 

Prepare and submit to the Business Committee an annual 

operating budget. 

Establish policy and take all actions necessary to 

complete all tasks and procedures defined and required 

by the Miami Tribe Class I1 Gaming Ordinance. 
n 

RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

19. Establish policy and take all actions necessary to 

complete all tasks and procedures defined and required 

by the Miami Tribe Class I11 Gaming Ordinance. 

20. Establish policy and take all actions necessary to 

complete all tasks and procedures defined and required 

by the Miami Tribe Class I1 Gaming Regulations. 

21. Establish policy and take all actions necessary to 

complete all tasks and procedures defined and required 

by the Miami Tribe Class I11 Gaming Regulations. 

Powers of the Commission 

In order to adequately perform its duties, the Commission is 

hereby vested with the following powers: 

1. To employ non-uniformed, licensed inspectors who shall 

be present in all gaming facilities during all hours of 

operation who shall be responsible solely to the 

Commission and not to any management employees of the 

gaming operations. Such inspectors shall have 

unfettered access to all areas of the gaming facility 

at all times, including locked and secure areas. 

2. To investigate on its own initiative any aspect of the 

gaming operations in order to protect the public 

interest in the integrity of the gaming activities and 

to prevent improper or unlawful conduct in said gaming 

activities. 

3. To compel any person employed by and doing business 

with any gaming operation to appear before it under 

oath and to provide such information, documents or 

other material as required in writing by the 

Commission. 

L. To impose penalties and sanctions for violations of 

this Miami Tribe Gaming Act, any applicable Compact, or 

other rules of procedure adopted by the Commission. 

5. To establish policy and take all actions necessary to 

carry out the provisions of this Act in compliance with 

IGRA . 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 2-3 

Chainnan of the Commission 

The Chairman or any other member of the Commission acting in 

the absence of the Chairman may, whenever he deems it necessary 

to protect the public interest in the integrity of the Miami 

Tribe's gaming operations, issue in the name of the Commission, 

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

gaming operations or to any employee or contractor thereof or to 

any person within the jurisdiction of the Miami Tribe, to take 

any action or to cease and desist from taking any action as may 

be required to protect the public interest; provided, that any 

such order shall be subject to subsequent review by the 

Commission at its earliest opportunity, whereupon said order may 

be confirmed or vacated by the Commission. 

Section 2-4 

Executive Director 

The Commission shall appoint an individual to serve as a 

full time Executive Director of the Commission to administer its 

responsibilities on a day to day basis and to oversee inspectors 

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

Commission may from time to time employ. The Executive Director 

shall be responsible for coordination of the functions of the 

Commission with the State Police and the State gaming agency. 

The Chairman may request the Executive Director to conduct a 

preliminary investigation and render a recommendation to the 

Commission with respect to the grant or denial of any license, 

the imposition of any penalty, the investigation of any 

complaint, or any other action within the jurisdiction of the 

commission. 

The Executive Director shall have the power, in the name of 

the Commission, to conduct any hearing, investigation or inquiry, 

compel the production of any information or documents, and 

otherwise exercise the investigatory powers of the Commission, 

which the Commission may exercise under this Ordinance. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 2-5 

Commission Meetings 

Regular meetings of the Commission may be held upon such 

notice, or without notice, and at such time and place as shall 

from time to time be fixed by the Commission. Unless otherwise 

specified by the Commission, no notice of such regular meetings 

shall be necessary. 

Special meetings of the Commission may be called by the 

Chairman or the Executive Director. The person or persons 

calling the special meeting shall fix the time and place thereof. 

Neither the business to be transacted at, nor the purpose of, any 

regular or special meeting of the Commission need to be specified 

in the notice of the meeting. 

At any meeting of the Commission, a majority of the members 

then in office shall constitute a quorum for the transaction of 

business. The vote of a majority of the members present at a 

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

Commission. The Chairman shall preside at all meetings of the 

Commission unless the Chairman designates another member to 

preside in his absence. 

Any action required or permitted to be taken at a meeting of 

the Commission may be taken without a meeting if all of the 

members sign written consents setting forth the action taken or 

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

date of such action. Such consents shall be filed with the 

minutes of the Commission, and shall have the same effect as a 

unanimous vote or resolution of the Commission at a legal meeting 

thereof. Any such action taken by unanimous written consents 

may, but need not be, set forth in such consents in the form of 

resolutions or votes. 

Members of the Commission may participate in a meeting of 

the Commission by means of conference telephone or similar 

communications equipment by means of which all persons 

participating in the meeting can hear each other, and 

participation in such a meeting by any member who does not object 

at the beginning of such meeting shall constitute presence in 

person at such meeting. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 2-6 

Procedures 

The Commission shall afford an applicant for a license an 

opportunity for hearing prior to final action denying such 

application and shall afford a licensee or any other person 

subject to this ordinance the opportunity for a hearing prior to 

taking final action resulting in denying, terminating, revoking, 

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

Commission deems appropriate; provided, the Executive Director 

may summarily temporarily suspend or extend suspension of 

licenses for sixty (60) days in those cases where such action is 

deemed appropriate by the Executive Director. In cases where a 

license is suspended prior to hearing, an opportunity for a 

hearing shall be provided. 

Section 2-7 

Background investigation 

The Commission shall request from each primary management 

official and from each key employee information defined in the 

gaming ordinances to include a minimum of the following 

information: 

.. Full name, other names used (oral and written), social 

security number(s), birth date, place of birth, 

citizenship, gender, all languages (spoken or written); 

. Currently and for the previous 5 years: business and 

employment positions held, ownership interests in those 

businesses, business and residence addresses,. and 

drivers license numbers; 

. 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 (l)(b) of 

this section; 

4. Current business and residence telephone numbers; 

5. A description of any existing and previous business 

relationships with Indian tribes, including ownership 

interests in those businesses; 
MIAMI TRIBE OF OKLAHOMA 

6. A description of any existing and previous business 

relationships with the gaming industry generally Indian 

tribes, including ownership interests in those 

businesses; 

7. 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; 

. For each felony for which there is an ongoing 

prosecution or a conviction, the charge, the name, and 

address of the court involved, and the date and 

disposition if any; 

I. For each misdemeanor conviction or ongoing misdemeanor 

prosecution (excluding minor traffic violations), 

within 10 years of the date of the application, the 

name and address of the court involved and the date and 

disposition; 

10. For each criminal charge (excluding minor traffic 

charges), whether or not there is a conviction, if such 

criminal charge is within 10 years of the date of the 

application and is not otherwise listed pursuant to 

paragraph (1) (h) or (1) (i) of this section, the 

criminal charge, the name and address of the court 

involved and the date and disposition; 

11. The name and address of any licensing or regulatory 

agency with which the person has filed an application 

for an occupational license or permit, whether or not 

such license or permit, whether or not such license or 

permit was granted; 

12. A current photograph; 

13. Any other information the Tribe deems relevant; and 

14. Fingerprints consistent with procedures adopted by the 

Tribe according to 25 C.F.R. § 522.2(h). 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 2-8 

Preliminary Determination 

Whenever, upon preliminary factual finding, the Commission 

determines that any person has failed to comply with the 

provisions of this Act or any regulations promulgated hereunder, 

the Commission shall make a certification of findings with a copy 

thereof to the subject or subjects of that determination. After 

five (5) day notice, and within thirty (30) days thereof, the 

Commission shall hold a hearing at which time the subject shall 

have an opportunity to be heard and present evidence. The 

Commission shall have the specific right to enjoin and restrain 

illegal activities. 

Section 2-9 

Hearing 

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

show cause why the preliminary determination is incorrect, why 

the application in question shall not be revoked or suspended, 

why the period of suspension should not be extended, or 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. 

Section 2-10 

Final Determination 

Following such hearing, the Commission shall, within thirty 

(30) days, reach a final 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 or not any other action 

recommended to or by the Commission (including but not limited to 

forfeitures or fines) should be taken. The action of the 

Commission will be the final action of the Miami Tribe. 

Within (30) days following this determination the Executive 

Director shall inform the subject in writing of that 

determination. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 2-11 

Sanctions 

Any person who engages in activities on property subject to 

the provisions of this Act without a license, in violation of the 

license or terms imposed thereon, in violation of terms of 

suspension, or in violation of any other provision of this Act, 

any Compact with the State, the Indian Gaming Regulatory Act of 

1988, regulations promulgated thereunder, or amendments thereto, 

shall be in violation of this Act, including any person who 

unlawfully trespasses upon any premises licensed by this Act 

without the consent of the committee or the Executive Director. 

Separate violations shall be prosecuted as separate offenses. 

Each day of violation shall constitute a separate count or 

violation of this Act. Each violation shall carry a potential 

fine of Five Hundred ($500.00) to Five Thousand Dollars 

($5,000.00) to be determined at the discretion of the Commission. 

Any property used in the furtherance of any violation of this Act 

may become the property of the Miami Tribe of Oklahoma. All 

winnings found to have been received in violation of this Act are 

subject to seizure and forfeiture and become the property of the 

Miami Tribe of Oklahoma. 

Section 2-12 

Reports 

The Commission will make an annual comprehensive report to 

the Miami Tribe Business Committee. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Chapter 3 

Licensing 

Section 3-1 

License Required 

Any agent of the Miami Tribe of Oklahoma conducting public 

gaming operations for the benefit of the Miami Tribe on Indian 

lands of the Miami Tribe shall be required to have and display 

prominently an appropriate, valid and current public gaming 

license issued pursuant to the provisions of this Act. Any form 

of public gaming operations conducted within the jurisdiction of 

the Miami Tribe without the lawful written approval of the Miami 

Tribe Gaming Commission are prohibited. Furthermore, it shall be 

unlawful for any person to conduct gaming activities on Indian 

lands of the Miami Tribe which are not under license by and for 

the benefit of the Miami Tribe or which mislead the general 

public in believing the gaming operation is owned or under 

control and operated by the Miami Tribe. The Commission shall 

have the right to enjoin and restrain illegal activities. 

Section 3-2 

Classes and Fees 

There shall be three (3) differentclasses of gaming, each 

characterized by its separate requirements and fees. These 

classes are created in compliance with the Indian Gaming 

Regulatory Act, Public Law 100-497, October 17, 1988. 

Section 3-3 

Class I Gaming 

No license required. 

Section 3-4 

Class I1 Gaming 

Only a wholly owned the Miami Tribe enterprise or its 

designated and approved agent or employee may apply for and 

receive a Class 11 gaming license. Also, gaming must be 

conducted in facilities of the Miami Tribe. A separate license 

must be issued by the Commission for each place, facility or 

located on Indian lands at which Class I1 gaming is conducted. 

The Miami Tribe will have the sole proprietary interest and 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

responsibility for the conduct of any gaming activity under a 

Class I1 license and all net revenues from any said gaming are to 

be used for tribal purposes including: 

(i) to fund tribal government operations or programs; 

(ii) to provide for the general welfare of the Miami Tribe 

and its members; 

(iii) to promote tribal economic development. 

The Miami Tribe will cause annual audits of all gaming 

activity under a Class I1 license to be conducted within the 

existing independent tribal audit system and will provide all 

audit information to the National Indian Gaming Commission. The 

management and operation of any Class I1 gaming facility shall be 

subject to all applicable provisions of the Indian Gaming 

Regulatory Act. An annual fee of $1,000.00 will be charged for 

any Class I1 gaming license. 

Section 3-5 

Class I11 Gaming 

Class I11 gaming is hereby authorized to be conducted only 

by an enterprise which is owned solely by the Miami Tribe and a 

license may be issued to its designated and approved agents and 

employees. The Miami Tribe will have the sole proprietary 

interest and responsibility for the conduct of any Class I11 

gaming activity and the net revenues from any Class I11 gaming 

are to be used for no purposes other than: 

(i) to fund tribal government operations or programs; 

(ii) to provide for the general welfare of the Miami Tribe 

and its members; 

(iii) to promote tribal economic development. 

A separate license shall be required for each place, facility or 

location on Indian lands at which Class I11 gaming is conducted. 

An annual fee for a Class I11 gaming license will be $2,500.00. 
MIAMI TRIBE OF OKLAHOMA 

Section 3-6 

Tribal-State Compact 

The Chairman is hereby authorized by the Business Committee 

to approve a tribal state compact governing Class I11 gaming 

activities. Said compact shall be approved by the Secretary of 

the Interior or the Chairman of the National Indian Gaming 

Commission, as required, and published in the Federal Register as 

provided by Indian Gaming Regulatory Act. The compact may 

include provisions relating to the application of criminal and 

civil laws and regulations of the Miami Tribe or the state to the 

Class I11 gaming activity, an allocation of criminal and civil 

jurisdiction between the Miami Tribe and the state where 

necessary for the enforcement of laws and regulations, taxation, 

where appropriate, by the Miami Tribe of such activity in amounts 

comparable to the amounts assessed by the state for comparable 

activities, remedies for breach of contract, standards for 

operation of such activity and maintenance of the gaming facility 

including licensing and any other subjects directly related to 

the operation of gaming activities. The Miami Tribe Business 

Committee is hereby authorized to negotiate said compact on 

behalf of the Miami Tribe. 

Section 3-7 

Jurisdiction 

Any cause of action initiated by the Miami Tribe arising 

from the failure of the State to enter into negotiations with the 

Miami Tribe for purposes of entering into a tribal-state compact 

or to conduct said negotiations in good faith will be filed in 

the United States District Court. 

Section 3-8 

Management Contracts 

The Miami Tribe Business Committee, on behalf of the Miami 

Tribe is authorized to enter into and approve management 

contracts for the management of any Class I1 and/or Class I11 

gaming facility owned and operated by the Miami Tribe. Said 

management contract shall in all respects be in compliance with 

the Indian Gaming Regulatory Act. All management contracts shall 

be approved by the Chairman of the National Indian Gaming 

Commission or as designated by IGRA. No person holding a 

management contract with the Miami Tribe for the management of 

any Class I1 or Class I11 gaming facility shall be an elected 
MIAMI TRIBE OF OKLAHOMA 

member of the Miami Tribe, or have been convicted of any felony 

or gaming offense, or have knowingly or willingly provided any 

material reporting false statements to the National Indian Gaming 

Commission or Miami Tribe Gaming Commission pursuant to this Act 

or the Indian Gaming Regulatory Act or whose prior activities, 

criminal record, if any, or reputation, habits, and association 

pose a threat to the effective regulation and control of the 

gaming activity subject to the management contract or who has 

attempted in any way to unduly influence or interfere with the 

decision process relating to any management contract or license. 

Section 3-9 

Termination 

The Commissioner shall have the duty to bring before the 

Commission any charge of any unfair or illegal practice of any 

licensee or manager which shall constitute grounds for temporary 

suspension by the Commissioner or termination by the Commission 

of any license or management contract. The same procedure as 

provided herein under Section 2-6. et seq., will be followed 

here. 

Section 3-10 

Violation of Act by licensee 

Any violation of any provisions of this Act or of any of the 

Commission's rules by a licensee, his agent, or employee, shall 

be deemed contrary to the public health, safety, morals, good 

order and general welfare of the Miami Tribe and the inhabitants 

of the Miami Tribe and grounds for refusing to grant or renew a 

license or management contract, suspension or revocation of a 

license or management contract or grounds for the filing of a 

complaint with the National Indian Gaming Commission. 
C., 

RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Chapter 4 

Rules of Operation and General Accountability 

Section 4-1 

Records, Returns and Audits 

It shall be the responsibility of the Miami Tribe Gaming 

Commission to promulgate regulations establishing proper 

accounting procedures and methods of operations for all licensees 

of Class I1 and Class I11 gaming activities so that all monies or 

things of value received and paid out may be properly monitored 

and accounted for. All licensees under this Act shall be 

required to keep an approved accounting system which shall comply 

with, but not be limited to, all applicable provisions of this 

Act or regulations of the Commission. 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 Act. The Commission shall have the 

right to subpoena records or to secure a court order to seize 

records for property not surrendered. 

No applicant, license or employee thereof shall neglect or 

refuse to produce records or evidence or to give information upon 

proper and lawful demand by the Commissioner or Commission, or 

shall otherwise interfere or attempt to interfere, with any 

proper and lawful efforts by the Executive Director or the 

committee to produce such information. The Commission may 

conduct such hearings as deemed necessary to insure compliance 

with the provisions of this Act and accountability for all monies 

received and spent. Failure to comply with the provisions of 

this Act shall constitute grounds for complaint with the National 

Indian Gaming Commission and summary suspension or revocation of 

any license or management contract. 

Section 4-2 

Rules of the game 

It shall be the responsibility of the Miami Tribe Gaming 

Commission to promulgate regulations establishing the particular 

rules of any given Class I1 or Class I11 gaming in order that 

said gaming will be conducted with fairness and uniformity. 
RESOLUTION 93-44 

MIAMI TRIBE OF OKLAHOMA 

Section 4-3 

Age limit for all gaming 

No person who is under the age of 18 shall operate or be 

allowed to participate in any manner in the operation of any 

Class 11 or Class 111 gaming activities. It shall be the 

responsibility of any manager or licensed agent of the Miami 

Tribe to insure compliance with this age limit requirement. 

Section 4-4 

Inherent sovereignty of the Miami Tribe of Oklahoma. 

With the passage of this legislative act notwithstanding any 

other law or ordinance, this ordinance does not limit the 

inherent sovereignty of the Miami Tribe of Oklahoma. 

Section 4-5 

Repeal 

To the extent that they are inconsistent with this 

ordinance, all prior gaming ordinances including 92-20 are hereby 

repealed. 

CERTIFICATION 

The foregoing resolution was duly adopted this date, August 

1993, in a special session of the Miami Tribe of Oklahoma 

Business Committee meeting at which a quorum was declared by a 

vote of 5 for, 1 against, 0 abstaining. 

Attest: 

Filed with: 

Bureau of Indian Affairs - Miami Agency 

Chairman, National Indian Gaming Commission 
M- mi Tribe of Oklah~,na 

208 South Eight Tribes Trail 

P.O. Box 1SaB - Miami, Oklahoma 74956 

Phone: 01854a1445 - Fax: 018542-7asO 

RESOLUTION 93-45 

RESOLUTION TO ADOPT AN ACT RELATING TO MIAMI TRIBE OF 

OKLAHOMA REGARDING TERMS OF CLASS I1 GAMING OPERATIONS ON 

TRIBAL LANDS 

WHEREAS: the Miami Tribe of Oklahoma is a Federally recognized Indian Tribe organized pursuant to a Constitution and 

By-Laws ratified January 6, 1938, as amended by the People of 

the Miami Tribe from time to time as provided in the Oklahoma 

Indian Welfare Act of June 26, 1936, Ch. 831, 49 Stat. 1967, 

and 

WHEREAS: Article V, Section (1) of the Constitution and Bylaws of the Miami Tribe of Oklahoma provides that the Miami 

Business Committee shall have the power to act on behalf of 

the Tribe in all matters on which the Tribe is empowered to 

act, and 

WHEREAS: the Miami Business Committee is the Supreme governing body of the Miami Tribe of Oklahoma with the authority to 

enact laws and ordinances and to interpret provisions of the 

Constitution and By-Laws, and 

WHEREAS: in certain treaties entered into between the Miami 

Tribe and the United States, the Miami Tribe undertook to 

provide protection to businesses which were located within 

its jurisdiction and retained all of its inherent rights of 

self government, and 

WHEREAS: the Miami Tribe of Oklahoma is desirous of defining 

and setting forth the terms of Class I1 gaming operations on 

Miami Tribe Indian lands as defined by the Indian Gaming 

Regulatory Act of 1988, and 

WHEREAS: the Miami Tribe desires to approve the attached 

"CLASS I1 GAMING ORDINANCE" in order to set the terms for 

Class I1 gaming on Indian lands of the Miami Tribe as defined 

by the Indian Gaming Regulatory Act of 1988, and 

WHEREAS: the Constitution and By-Laws of the Miami Tribe 

provides that enactments are to be passed by a majority vote 

of the Business Committee members present, and 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

BE IT ENACTED BY THE MIAMI TRIBE OF OKLAHOMA: 

AN ACT RELATING TO MIAMI TRIBE OF OKLAHOMA 

REGARDING TERMS OF CLASS I1 GAMING OPERATIONS ON TRIBAL LANDS 

I. Purpose 

The Business Committee of the Miami Tribe of Oklahoma 

(hereinafter referred to as the "Tribe"), empowered by Article V, 

Section (1) of the Constitution and By-laws of the Miami Tribe of 

Oklahoma to enact ordinances, hereby enacts this ordinance in 

order to set the terms for class I1 gaming operations on tribal 

lands. 

11. Gaminq Authorized 

Class I1 gaming as defined in the Indian Gaming Regulatory 

Act, P.L. 100-497, 25 U.S.C. Section 2703 (7) (A) ("IGRA") and by 

the regulations promulgated by the National Indian Gaming 

Commission at 25 C.F.R. S 502.3 (as published in the Federal 

Register at 57 FR 12382-12393, April 9, 1992) is hereby 

authorized. 

111. Ownership of Gaminq 

The tribe shall have the sole propriety interest in and 

responsibility for the conduct of any gaming operation authorized 

by this ordinance. 

IV. Use of Gaminq Revenue 

A. Net revenues from class I1 gaming shall be used only for 

the following purposes: to fund tribal government operations and 

programs: provide for the general welfare of the Tribe and its 

members; promote tribal economic development: donate to 

charitable organizations; or help fund operations of local 

government agencies. 

B. If the Tribe elects to make per capita payments to 

tribal members, it shall authorize such payments only upon 

approval of a plan submitted to the Secretary of the Interior 

Under 25 U.S.C. 5 2710(b)(3). 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

V. Audit 

A. The Tribe shall cause to be conducted annually an 

independent audit of gaming operations and shall submit the 

resulting audit reports to the National Indian Gaming Commission. 

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 

services, shall be specifically included within the scope of the 

audit that is described in subsection A. above. 

VI. Protection of the Environment and Public Health and Safety 

Class I1 gaming facilities shall be constructed, maintained 

and operated in a manner that adequately protects the environment 

and the public health and safety. 

VII. Licenses for Key E~D~oY~~s and Primary Manaqement Officials 

The Tribe shall ensure that the policies and procedures set 

out in this section are implemented with respect to key employees 

and primary management officials employed at any class I1 gaming 

enterprise operated on Indian lands: 

A. Definitions 

For the purposes of this section, the following definitions 

apply: 

1. Key employee means 

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

following functions: 

(1) Bingo caller; 

(2) Counting room supervisor 

(3) Chief of security; 

(4) Custodian or gaming supplies or 

cash; 

(5) Floor manager; 

(6) Pit boss; 

(7) Dealer; 

(8) Croupier; 

(9) Approver of credit; or 

(10) Custodian of gambling devices 

including persons with access to 

cash and accounting records within 

such devices; 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

(b) If not otherwise included, any other 

person whose total cash compensation is 

in excess of $50,000 per year; or 

(c) If not otherwise included, the four most 

highly compensated persons in the gaming 

operation. 

2. Primary manasement official means 

(a) The person having management responsibility 

for a management contract; 

(b) Any person who has authority: 

(i) To hire and fire employees; or 

(ii) To set up working policy for the 

gaming operation; or 

(c) The chief financial officer or other 

person who has financial management 

responsibility. 

B. Application Forms 

1. The following notice shall be placed on the application 

form for a key employee or a primary management official before 

that form is filled out by an applicant: 

In compliance with the Privacy Act of 1974, the 

following information is provided: Solicitation of the 

information on this form is authorized by 25 U.S.C. 

2701 et seq. The purpose of the requested information 

is to determine the eligibility of individuals to be 

employed in a gaming operation. The information will 

be used by 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 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 or firing of 

an employee, the issuance or revocation of a gaming 

license, or investigations of a gaming operation. 

Failure to consent to the disclosures indicated in this 

notice will result in a tribe's being unable to hire 

you in a primary management official or key employee 

position. 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

The disclosure of your Social Security Number (SSN) is 

voluntary. However, failure to supply a SSN may result 

in errors in processing your application. 

2. Existing key employees and primary management officials 

shall be notified in writing that they shall either: 

a. Complete a new application form that contains a 

Privacy Act notice; or 

b. Sign a statement that contains the Privacy Act 

notice and consent to the routine uses described 

in that notice. 

3. The following notice shall be placed on the application 

form for a key employee or a primary official before that form is 

filled out by an applicant. 

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. 

4. The Tribe shall notify in writing existing key 

employees and primary management officials that they shall 

either: 

a. Complete a new application form that contains a 

notice regarding false statements; or 

b. Sign a statement that contains the notice 

regarding false statements. 

C. Backsround Investiqations 

1. The Tribe shall request from each primary management 

official and from each key employee all of the following 

informat ion : 

a. Full name, other names used (oral and written), 

social security number(s), birth date, place of 

birth, citizenship, gender, all languages (spoken 

or written) ; 

b. Currently and for the previous 5 years: business 

and employment positions held, ownership interests 

in those businesses, business and residence 

addresses, and drivers license numbers; 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

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 (1) (b) of this section; 

Current business and residence telephone numbers; 

A description of any existing and previous 

business relationships with Indian tribes, 

including ownership interests in those businesses; 

A description of any existing and previous 

business relationships with the gaming industry 

generally Indian tribes, including ownership 

interests in those businesses; 

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; 

For each felony for which there is an on-going 

prosecution or a conviction, the charge, the name, 

and address of the court involved, and the date 

and disposition if any; 

For each misdemeanor conviction or on-going 

misdemeanor prosecution (excluding minor traffic 

violations), within 10 years of the date of the 

application, the name and address of the court 

involved and the date and disposition; 

For each criminal charge (excluding minor traffic 

charges), whether or not there is a conviction, if 

such criminal charge is within 10 years of the 

date of the application and is not otherwise 

listed pursuant to paragraph (1) (h) or (1) (i) of 

this section, the criminal charge, the name and 

address of the court involved and the date and 

disposition; 

The name and address of any licensing or 

regulatory agency with which the person has filed 

an application for an occupational license or 

permit, whether or not such license or permit was 

granted; 

A current photograph; 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

m. Any other information the Tribe deems relevant; 

and 

n. Fingerprints consistent with procedures adopted by 

the Tribe according to 25 C.F.R. 5 522.2(h). 

2. 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 investigation. 

D. Elisibilitv Determination 

The Tribe shall review a person's prior activities, criminal 

record, if any, and reputation, habits and associations to make a 

finding concerning the eligibility of a key employee or primary 

management official for employment in a gaming operation. If the 

Tribe determines that employment of the person poses a threat to 

the public interest or to the effective regulation of gaming, or 

creates or enhances dangers of unsuitable, unfair, or illegal 

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

tribal gaming operation shall not employ that person in a key 

employee or primary management official position. 

E. Procedures for Forwardins A~~lications and Re~orts for 

Key Employees and Primary Manaaemenr Officials to the 

National Indian Gaminq Commission 

1. When a key employee or primary management official 

begins work at a gaming operation authorized by this ordinance, 

the Tribe shall fomard to the National Indian Gaming Commission 

a completed application for employment and conduct the.background 

investigation and make the determination referred to in 

subsection D of this section. 

2. The Tribe shall forward the report referred to in 

subsection F of this section to the National Indian Gaming 

Commission within 60 days after an employee begins work or within 

60 days of the approval of this ordinance by the Chairman of the 

National Indian Gaming Commission. 

3. The gaming operation shall not employ as a key employee 

or primary management official a person who does not have a 

license after 90 days. 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

F. Report to the National Indian Gamins Commission 

1. Pursuant to the procedures set out in subsection E of 

this section, the Tribe shall prepare and forward to the National 

Indian Gaming Commission an investigative report on each 

background investigation. An investigative report shall include 

all of the following: 

a. Steps taken in conducting a background 

investigation; 

b. Results obtained: 

c. Conclusions reached; and 

d. The bases for those conclusions. 

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

eligibility determination made under subsection D of this 

section. 

3. If a license is not issued to an applicant, the Tribe: 

a. Shall notify the National Indian Gaming 

Commission; and 

b. May forward copies of its eligibility 

determination and investigative report (if any) to 

the National Indian Gaming Commission for 

inclusion in the Indian Gaming Individuals Records 

System. 

4. 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. 

G. Grantins a Gamins License 

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

Indian Gaming Commission receives a report, the National Indian 

Gaming Commission notifies the tribe that it has no objection to 

the issuance of a license pursuant to a license application filed 

by a key employee or a primary management official for whom the 

tribe has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe may issue a license 

to such applicant. 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

2. The Tribe shall respond to a request for additional 

information from the Chairman of the National Indian Gaming 

Commission concerning a key employee or a primary management 

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

suspend the 30-day period under paragraph G.1. of this section 

until the Chairman of the National Indian Gaming Commission 

receives the additional information. 

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

the National Indian Gaming Commission provides the Tribe with a 

statement itemizing objections to the issuance of a license to a 

key employee or to a primary management official for whom the 

Tribe has provided an application and investigative report to the 

National Indian Gaming Commission, the Tribe shall reconsider the 

application, taking into account the objections itemized by the 

National Indian Gaming Commission. The Tribe shall make the 

final decision whether to issue a license to such applicant. 

H. License Sus~ension 

1. If, after the issuance of a gaming license, the Tribe 

receives from the National Indian Gaming Commission reliable 

information indicating that a key employee or a primary management official is not eligible for employment under subsection D. 

above, the Tribe shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

2. The Tribe shall notify the licensee of a time and a 

place for a hearing on the proposed revocation of a license. 

3. After a revocation hearing, the Tribe shall decide to 

revoke or to reinstate a gaming license. The Tribe shall notify 

the National Indian Gaming Commission of its decision. 

VIII. License Locations 

The Tribe shall issue a separate license to each place, 

facility, or location on Indian lands where class I1 gaming is 

conducted under this ordinance. 

IX. Repeal 

To the extent that they are inconsistent with this 

ordinance, all prior gaming ordinances are hereby repealed. 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

X. Aqent for Service 

All notices and other legal service related to activities 

under this ordinance should be delivered by certified mail to: 

PAYNE & JONES Chartered 

Attn: Mr. Kip Kubin, Esq 

11000 King 

Overland Park, Kansas 66228 

Telephone 913-469-4100 

XI. Procedures for Background Investiqations of Rey Em~loyeeS 

and Primary Manaqement Officials 

The Miami Tribe Gaming Commission (sometimes referred to as 

the "MTGC") is responsible for conducting all background 

investigations and suitability determination. The members of the 

MTGC are appointed by the Chief of the Miami Tribe. The MTGC 

will: 

A. Designate an agent to conduct the background 

investigations. 

B. Review and approve all investigative work done by an 

agent of the Commission. 

C. Report the results of the background investigations to 

the National Indian Gaming Commission. 

D. Make arrangements with a local law enforcement agency 

approved to take fingerprints and to forward these 

prints directly to the National Indian Gaming 

Commission for processing through the Federal Bureau of 

Investigation. All resulting reports will sent to the 

MTGC . 

E. Make suitability determination of background 

characteristics based upon the results of the 

background investigation. 

F. Verify by written and/or documented oral communication 

the following items concerning a prospective employee: 

1. Prior activities. 

2. Criminal record and reputation. 

3. Interviews of former employers, personal 

references and other applicable individuals in 

reference to the applicant. 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

4. Document the disposition of all potential problem 

areas noted and disqualifying information 

obtained. 

G. Prepare an investigative report setting forth the 

following: 

1. Steps taken in conducting the background 

investigation. 

2. Results obtained. 

3. Conclusions reached and the bases for those 

conclusions. 

XII. Procedures for Dispute Resolution with the Gamins Public 

The Miami Tribe Gaming Commission is responsible for the 

resolution of disputes between the gaming public (the patrons) 

and the Tribe and/or the Tribe's management contractor. The 

following procedures shall apply to the various types of 

disputes : 

A. Refusal to Pav Winners Whenever the gaming enterprise 

refuses payment of alleged winnings to patron, and the 

enterprise and the patron are unable to resolve the 

dispute to the satisfaction of the patron and dispute 

involves : 

1. At least five hundred dollars ($500), the 

enterprise shall immediately notify the MTGC for 

investigative action; or 

2. Less than five hundred dollars ($500), the 

enterprise shall inform the patron of his or her 

right to request that the MTGC conduct an 

investigation. The MTGC, through an inspector, 

shall conduct whatever investigation it deems 

necessary and shall determine whether payment 

should be made. 

B. Notice to Patrons The MTGC inspector shall mail 

written notice by certified mail, return receipt 

requested, to the enterprise and the patron of his or 

her decision resolving the dispute within thrity (30) 

days after the date that the MTGC first receives 

notification from the enterprise or a request to 

conduct an investigation from the patron. 
RESOLUTION NO: 93-45 

MIAMI TRIBE OF OKLAHOMA 

C. Inspector Decision The decision of the inspector is 

effective on the date it is received by the aggrieved 

party as reflected on the return receipt. 

D. Review of Decision Within thirty (30) days after the 

date of receipt of the written decision of the 

inspector, the aggrieved party may file a petition with 

the MTGC requesting a review of the decision. The MTGC 

may set a hearing on the matter or may make a decision 

based solely upon the inspector's decision and other 

documentation provided to it by the patron and the 

enterprise. The MTGC shall then issue a written 

decision and mail it to the parties pursuant to the 

procedures et forth in Section XI1.B. The decision of 

the MTGC shall be final and binding upon the patron and 

the enterprise and shall not be subject to judicial 

review or other legal action in the courts of the state 

where the enterprise is located. 

XIII. Inherent sovereiqnty of the Miami Tribe of Oklahoma. 

With the passage of this legislative act notwithstanding any 

other law or ordinance, this ordinance does not limit the 

inherent sovereignty of the Miami Tribe of Oklahoma. 

CERTIFICATION 

The foregoing resolution was duly adopted this date, ~ugust 3&d, 

1993, in a special session of the Miami Tribe of Oklahoma 

Business Committee meeting at which a quorum was declared by a 

vote of for, against, 0 abstaining. 

L,,R toy# E'. Leonard, Its Chief 

Attest: 

Filed with: 

Bureau of Indian Affairs - Miami Agency 

Chairman, National Indian Gaming Commission