April 2,2013 

Via US. Mail and Email 

Granthum Stevens, Executive Director 

Pawnee Nation Gaming Commission 

P.O. Box 514 

Pawnee, Oklahoma 74058 

Re: Pawnee Nation of Oklahoma Gaming Ordinance Amendments Nos. 12-49 and 

13-19 

Dear Mr. Stevens: 

This letter responds to your request on behalf of the Pawnee Nation ("Nation") for review 

and approval of the Nation's recent amendments to its gaming ordinance ("Ordinance") 

by Resolutions Nos. 12-49 and 13-19 of the Pawnee Business Council. Your request was 

made in a letter, dated February 5 and received on February 12, and supplemented by 

letter dated March 25 enclosing Resolution 13-19. The amendments strike Article 9 

(Non-Profit Gaming), clarify Articles 4,6,9, 16 and 17, and incorporate recent changes 

to the National Indian Gaming Commission (NIGC) regulations. 

We appreciate that the Tribe brought the Ordinance amendments to our attention. The 

amendments are approved, as they are consistent with the requirements of the Indian 

Gaming Regulatory Act and NIGC regulations. 

If you have any questions or require assistance, please contact Heather Corson at (202) 

632-7003. 

Sincerely, 

Tracie L. Stevens 

Chairwoman 

cc: Pawnee Business Council 

NATIONAL HWEQUARTERS 1441 L St. NW, Suite 91W. Washington, DC 2OW5 Tel: 202.632.7003 Fax: 202.632.7066 W!UW.NlGC.cov 

REGIONAL OFFICES Portland, OR; Sacramento. CA; Phoenix. AZ; St. Paul. MN;Tulsa, OK 
Pawnee Nation of 

Radh XI249 
Pawnee Nation of 

Oklahoma 

Resolution #13-19 

Whereas, The Pawnee Business Council is the sum governing body of the 

Pawnee Nation and is authorized to conduct business on behalf of the 

Pawnee Nation in modawe with Articles IV, Sections 1 and 2 of che 

Pawnee Nation Constitution. and 

Whereas, the Pawnee Business Council met in a special session on March 13.2013 

at tbe Pawnee Tribal Administration Center, Build'mg # 64, Conference 

Room duly auhrized and with a quorum present; and 

Where&, the Nafi Man Gaming Commission ha8 updated regulation?,, and the 

Pawnee Business Council desi to be eligible to receive a gaming 

lice. and 

Whereas, the Pawnee Nation Gaming Commission worked in conjunction with 

Aaomey Genenl Geoffrey Standing Bear to make revisions fa tbe 

Ordinance to be compatible with other Pawnee Nation laws and also 

to arrange the Ordinance in a more comprehensive ader. 

Wheress, the National Indian Gaming Commission has updated its regulations on 

February 25,2013, tbe Pawnee Business Council makes the 

following revisions mpatible with tbe Natid Indian Gaming 

Commission Licensing Regulations regdig reporting and issuance of 

key Employes and Primary Management Official Gaming Licenses. 

NOW THEREFORE BE IT RESOLVED, the Pawnee Business Couocil does hereby 

approve the attached rrvision to the Pawnee Nation Gamiig (hd'i and fwther 

submits it to the National Mi Gaming Cnnmission fa fd approval. 

CERTIFICATION 

I. Linda Jestes, Secretary of the Pawnee Business Council do hereby certify that a special 

meeting of the Pawnee Business Cwncil was held w the 13Ih day of March 2013 and chat 

the Pawnee Business Council is composed of eight members whom 6 were presmt, 

L absent, 2 seats vacant, comprising a quonun; and, that the foregoing resolution was 

duly adcpted by a vole of 1_ fa, L against. Labstaining and lmt voting. 

S&mrd*ir l3fh day of Md 2013 

ATTEST: 

Malshnll R Govu. Prrsiicnt 

Pawnee Bashes Council 
PAWNEE NATION OF OKLAHOMA 

Gaming Ordinance 

2012 

Previous Ordinance Dated 1999,2005,2007,2009 
TABLE OF CONTENTS 

Article 1- Introduction ...................................................................................................... 5 

Section 1.1 Declaration of Policy ................................................................................... 5 

Section 1.2 Scope ............................................................................................................ 5 

Section 1.3 General Prohibition - Exceptions ............................................................. 5 . . Section 1.4 Defimhons .................................................................................................... 6 

Article 2- General Provisions ......................................................................................... 10 

Section 2.1 Gaming Authorized .................................................................................... 10 

Section 2.2 Use of Net Revenue ................................................................................... 10 

Section 2.3 Class I1 and Class 111 Licensing ................................................................. 10 

Section 2.4 Ownership of Gaming Operation ............................................................... 10 . . Section 2.5 Audit Provls~ons ......................................................................................... 11 

Section 2.6 Environmental Protection .......................................................................... 11 . . Section 2.7 Civil Penalties ............................................................................................ 11 

Section 2.8 Criminal Penalties ...................................................................................... 12 . . Section 2.9 Invalihty .................................................................................................... 12 

Section 2.10 No Tribal Liability ................................................................................... 12 

Section 2.1 1 Regulations of Tribal Subdivision ........................................................... 12 

Article 3- Tribal Gaming Commission ...................................................................... 12 

Section 3.1 Tribal Gaming Commission Created ......................................................... 12 

Section 3.2 Appointment of Members .......................................................................... 13 

Section 3.3 Appointment of Officers ............................................................................ 13 

Section 3.4 Conflict of Interest ..................................................................................... 13 

Section 3.5 Meetings ..................................................................................................... 13 

Section 3.6 Authority and Responsibility ..................................................................... 14 

Section 3.7 Quarterly Reports ....................................................................................... 15 

Section 3.8 Budget ........................................................................................................ 16 

Section 3.9 Staffing of Tribal Gaming Commission .................................................... 16 

Section 3.10 Access to Information .............................................................................. 16 

Section 3.1 1 Assessment of Fees .................................................................................. 16 

Section 3.12 Ethics ........................................................................................................ 17 

Article 4- Pawnee Nation Tribal Development Corporation Board of Directors ..... 17 

Section 4.1 Duties of the Designated Business Entity .................................................. 18 

Section 4.2 Board of Directors ...................................................................................... 18 

Section 4.3 License Required ....................................................................................... 18 

Section 4.4 Statement of Gross Gaming Receipts and Net Revenues .......................... 19 

Section 4.5 Verification of Report ................................................................................ 19 

Section 4.6 Record Retention and Maintenance ........................................................... 19 

Article 5- Licensing ......................................................................................................... 20 

Section 5.1 License Requirements ......................................................................... 20 

Section 5.2 Nature of Gaming License ......................................................................... 20 

Section 5.3 Types of Licenses to be Issued .................................................................. 20 . . Section 5.4 Gaming Facility ......................................................................................... 21 ... Section 5.5 Consent to Junsd~ction .............................................................................. 21 . . Section 5.6 Applicaaon ................................................................................................ 21 
Section 5.7 Notice Features .......................................................................................... 22 

Section 5.8 Application Fee .......................................................................................... 23 

Section 5.9 Manner of Filing Instruments with Tribal Gaming Commission .............. 23 

Section 5.10 Application Timeline ............................................................................... 23 

Section 5.1 1 Fingerprinting .......................................................................................... 23 

Article 6- Vendors ........................................................................................................... 24 

Section 6.1 Licenses for Vendors ................................................................................. 24 

Section 6.2 Submission of a Vendor License Application ........................................... 24 

Section 6.3 Contents of the Vendor License Application ............................................. 25 

Section 6.4 Vendor Background Investigation ............................................................. 26 

Section 6.5 Vendor License Fee ................................................................................... 26 

Section 6.6 Vendor Background Investigation Report ................................................. 26 

Section 6.7 Exemption for Vendors Licensed by Recognized Regulatory Authorities 26 

Section 6.8 Licenses for Non-Gaming Vendors ........................................................... 26 

Article 7- Background Investigations ............................................................................ 26 

Section 7.1 Required Background Investigations ......................................................... 26 

Section 7.2 Background Investigation .......................................................................... 27 

Section 7.3 Report to the National Indian Gaming Commission .................................. 28 

Article 8- Granting a Gaming License, Renewal and Suspension .............................. 29 

Section 8.1 Granting a Gaming License ....................................................................... 29 

Section 8.2 License Renewals ....................................................................................... 29 

Section 8.3 License Revocation .................................................................................... 30 

Article 9- Management Contracts ................................................................................. 30 

Section 9.1 Commission Licensing of Management Contractor Required ................... 30 

Section 9.2 Provisions of Management Contracts ........................................................ 31 

Section 9.3 Percentage of Net Revenue Fees ................................................................ 31 

Article 10- Unlawful Acts ............................................................................................... 31 

Section 10.1 Unlawful Acts .......................................................................................... 31 

Article 11- Civil Enforcement ........................................................................................ 32 

Section 11.1 Action to be Taken ................................................................................... 32 . . Section 11.2 Jurisd~ction ............................................................................................... 32 

Article 12- Hearing and Appeals ................................................................................... 33 

Section 12.1 Petition for Hearing and Reconsideration ................................................ 33 

Section 12.2 Judicial Review ........................................................................................ 33 

Article 13- Applicable Laws ........................................................................................... 34 

Section 13.1 Controversies Involving Contract ....................................................... 34 

Article 14- Semce of Process ......................................................................................... 34 

Section 14.1 Gaming Commission Service Agent ...................................................... 34 

Section 14.2 Management Service Agent ................................................................ 34 

Article 15- Patron Disputes ............................................................................................ 34 

Section 15.1 Patron Disputes ........................................................................................ 34 

Section 15.2 Patron Rights Regarding Disputes ........................................................... 35 

Section 15.3 Commission Action on Patron Dispute .................................................. 35 

Article 16- Exclusion or Ejection of Individuals .......................................................... 35 

Section 16.1 Exclusion List .......................................................................................... 35 

Section 16.2 Notice or Opportunity to be Heard .......................................................... 35 
Article 17- Regulations ................................................................................................... 36 

Section 17.1 Promulgating Regulations ........................................................................ 36

Article 18- Amendment of Ordinance and Effective DateIRepeal ............................. 37 

Section 18.1 Amendment .............................................................................................. 37 

Section 18.2 Effective Date and Repeal of Prior Ordinances ....................................... 37 
THE PAWNEE NATION OF OKLAHOMA 

GAMING ORDINANCE 

An Ordinance to authorize, license, regulate Class I1 and Class 111 gaming on Tribal 

Lands of the Pawnee Nation of Oklahoma. 

Article 1- Introduction 

Section 1.1 Declaration of Policy 

It is the declared policy of the Pawnee Nation of Oklahoma that: 

(1) All gaming conducted on Tribal Lands of the Pawnee Nation shall be regulated 

by the Pawnee Nation Gaming Commission to protect the public health and 

welfare of employees and patrons from the adverse effects which may derive 

from unregulated gaming; 

(2) It is the objective of the Tribe to achieve and sustain the maximum Tribal 

revenue from gaming for the benefit of the Tribal government and membership 

and to promote Tribal economic self-sufficiency and the general Tribal health 

and welfare; 

(3) The conduct of activities provided for by this Ordinance on Tribal Lands shall 

conform with the Indian Gaming Regulatory Act, 102 Stat. 2467, 25 U.S.C. 5 

2701-2721, and the regulations promulgated by the National Indian Gaming 

Commission; 

(4) Furthermore it shall be recognized that effective regulatory oversight requires a 

functional separation between the operation of Tribal gaming and the regulation 

of Tribal gaming; and 

(5) Accordingly it is believed that the Commission shall have sufficient freedom 

and flexibility without undue interference and shall have a stable source of 

funding. 

Section 1.2 Scope 

This Ordinance shall apply to all Gaming conducted on Tribal Lands as defined herein, 

and lands otherwise within the jurisdiction of the Pawnee Nation of Oklahoma, in which 

a prize or reward is offered or awarded to any participant or in which a participant is 

required or requested to provide any legal consideration in order to participate, whether in 

person or through an agent. 

Section 1.3 General Prohibition - Exceptions 

No person shall conduct any game of Bingo or any other Class I1 Gaming or any Class 111 

Gaming within Tribal Lands for which a charge is made or other consideration requested 

or required for participation, or to the winner of which any prize is awarded except as 

licensed pursuant to this Ordmance. 
Section 1.4 Definitions 

As used in this Ordinance, the following definitions shall apply: 

(1) "ACT" means the Indian Gaming Regulatory Act, 102 Stat. 2467, codified at 25 

U.S.C. $$2701-2721, as amended. 

(2) "ACCOMPLICE means one who acts jointly with another or as an accessory 

before the fact to an act committed by the other or as a co-conspirator with the 

other. 

(3) "ADJUSTED GROSS REVENUES" means gross revenues less all cash prizes 

or the aggregate price of merchandise prizes paid out. 

(4) "BINGO" means a game of chance (whether or not electronic, computer, or 

other technologic aids are used in connection therewith): 

(a) which is played for prizes, including monetary prizes, with cards bearing 

numbers or other designations, 

(b) in which the holder of the card covers such numbers or designations when 

objects, similarly numbered or designated, are drawn or electronically 

determined, and 

(c) in which the game is won by the first person covering a previously 

designated arrangement of numbers or designations on such cards, 

including (if played in the same location) pull-tabs, lotto, punch boards, tip 

jars, instant bingo, and other games similar to bingo. 

(5) "BUSINESS COUNCIL means the Pawnee Business Council as described in 

the Constitution of the Pawnee Nation of Oklahoma. 

(6) "CHEATING" means operating or playing in a game in a manner in violation 

of the written or commonly understood rules of the game with the intent to 

create for oneself, directly or through any accomplice, an advantage over and 

above the chance of the game. 

(7) "CLASS 11 GAMING" means that gaming defined in 25 U.S.C. 52703(7)(A) 

and 25 CFR 502.3. 

(8) "CLASS I11 GAMING" means that gaming defined in 25 U.S.C. §2703(8) and 

25 CFR 502.4. 

(9) "COMMISSION" means the Pawnee Nation Gaming Commission. 

(10) "COMMISSION STAFF" means Commission Staff includes all employees of 

the Commission, including the Director, and does not include the individual 

Commissioners. 

(1 1) "COMPACT" means the Tribal Gaming Compact between the Pawnee Tribe 

of Oklahoma and the State of Oklahoma, which is also known as the Pawnee 

Tribe of Oklahoma and State of Oklahoma Gaming Compact. 

(12) "CONCESSIONS" means all drinks and food sold at the Gaming Facility. 

(13) "COUNCIL" means the Pawnee Business Council as described in the 

Constitution of the Pawnee Nation of Oklahoma. 

(14) "EQUIPMENT" means all gaming, office, concession, and maintenance 

equipment necessary to the operation of Class I1 Gaming or Class I11 Gaming, 

as applicable, and of a Gaming Facility. 
(15) "EQUIPMENT COSTS as to any item of Equipment or period of time, means 

the cost at which Equipment may be acquired pursuant to competitive bidding. 

(16) "FACILITY COSTS means the actual and direct cost of acquiring a gaming 

site and the development, construction, and establishment thereon of a Gaming 

Facility, including the Equipment Costs incurred in connection therewith. 

(17) "GAMING" means risking any money or other thing of value for gain, 

contingent, wholly or partially, upon lot, chance, the operation of gaming 

apparatus, or the happening or outcome of an event over which the person 

taking the risk has no control. 

(1 8) "GAMING FACILITY" means a building or buildings used in the operation of 

Class I1 Gaming or Class 111 Gaming, as applicable, including all appurtenances, 

access roads, parking lots, easements, outside lighting, water and sewer 

facilities, electrical facilities, heating and air conditioning equipment, fmtures, 

and any and all other improvements reasonable and necessary to a facility of 

similar operation and use. 

(19) "GAMING OPERATION" means each economic entity that is licensed under 

this Ordinance, operates the games, receives the revenues, issues the prizes, and 

pays the expenses. A Gaming Operation may be operated by the Tribe directly 

or by a licensed Management Contractor. 

(20) "GAMING SITE" or "SITE means the tract or tracts of land upon which a 

Gaming Facility is located. 

(21) "KEY EMPLOYEE of a Gaming Operation means: 

(a) a person who performs one or more of the following functions: 

(i) Shift leader; 

(ii) Counting room supervisor; 

(iii) Security personnel; 

(iv) Custodian of gaming supplies or cash 

(v) Floor manager; 

(vi) Pit boss; 

(vii) Dealer; 

(viii) Croupier; 

(ix) Approver of credit; 

(x) Bingo caller 

(xi) Custodian of gambling devices including persons with access 

to cash and accounting records within such devices; 

(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. 

(d) Any other Person required to be licensed pursuant to Regulation 

promulgated by the Commission. 

(22) "LICENSE means a license issued pursuant to and in accordance with this 

Ordinance the National Indian Gaming Regulatory Act and associated 

regulations. 

(23) "MANAGEMENT CONTRACT" means any contract or collateral agreement 

between the Tribally-designated entity and an outside Management Contractor, 
not a regular employee of the Tribe, if such contract or agreement provides for 

the development andlor management of all or part of a Gaming Operation at a 

specified Gaming Facility. 

(24) "MANAGEMENT CONTRACTOR" means the Person (other than the Tribe) 

holding a Management Contract entered into pursuant to 25 U.S.C. § 2710(d)(9) 

and 2711. 

(25) "NATION" means the Pawnee Nation of Oklahoma. 

(26) "NATIONAL GAMING CHAIRPERSON means the Chairperson of the 

National Indian Gaming Commission or any successor authorized under the 

Act. 

(27) "NATIONAL INDIAN GAMING COMMISSION" means the National 

Indian Gaming Commission or any successor authorized under the Act. 

(28) "NET GAMING REVENUE" means Gross Gaming Revenues of a Gaming 

Operating less 

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

(b) total gaming-related operating expenses, excluding management fees. 

(29) "NON-GAMING EMPLOYEE employees who are licensed for employment 

in non-gaming areas, and are not a Key Employee or Primary Management 

Official. These employees may work as, but not limited to, maintenance, 

facilities, cooks bartenders, beverage servers, etc. they are not employed and do 

not have access into restricted areas of the facility and do not work directly with 

gaming machines or gaming revenue. The Commission may perform a lesser 

level of investigation on these employees, and may focus on criminal history 

and financials. 

(30) "OPERATING EXPENSES means any expenses incurred in the operation of 

gaming that is specifically designated as an operating expense in any 

management contract or which by operation of Generally Accepted Accounting 

Principles (GAAP) consistently applied is so treated. 

(31) "PATRON means a person participating in a game with the hope of winning 

money or other benefit, but does not include a licensee, or any assignee of a 

licensee. 

(32) "PERSON means any individual, firm, partnership, corporation, limited 

liability company, association, or other business entity recognized under the 

laws of the State. 

(33) "PRIMARY MANAGEMENT OFFICIAL" means: 

(a) the person having management responsibility for a Management 

Contract; 

(b) each person (including individuals comprising a business entity) having 

a direct financial interest in a Management Contract. In the case of a 

corporation, the term includes those Persons who serve on the Board of 

Directors of such corporation and every Person who owns, directly or 

indirectly, either individually or by agent, including Relatives, any stock 

in a corporate Management Contractor or equity interests in any other 

legal entity which is a Management Contractor however those shares or 

interests be designated, or a Person having sufficient voting power 

individually or by proxy to elect at least one member to the Board of 
Directors or other managing entity of a Management Contractor. The 

term also includes all other persons employed by a Management 

Contractor in any capacity, and Relatives of persons who are defined as 

Primary Management officials by the preceding text, having five percent 

(5%) or more equity ownership, either individually or by agent, 

including Relatives, in any other business entity hired by a Management 

Contractor or by doing any business with a Management Contractor with 

respect to an agreement entered into by the Management Contractor in a 

gaming operation; 

(c) any person who has authority: 

(i) to hire and fire employees; or 

(ii) to set up working policy for a Gaming Operation; or 

(iii)the chief fmancial officer or other person who has financial 

management responsibility. 

(34) "PRIZE COSTS means, as to any period of time, the total amount of all 

money and property (limited to the actual acquisition costs of property prizes) 

given away as prizes to bona fide participants of gaming conducted at a Gaming 

Facility. 

(35) "RELATIVE" means an individual related to a referenced natural Person as a 

father, mother, son, daughter, brother, sister, husband, wife, step-father, stepmother, step-son, step-daughter, step-brother, step-sister, half-brother, or halfsister. 

(36) "REVENUE means Gross Gaming Receipts less Operating Expenses, Prize 

Costs, Actual Amortized Payments made to reimburse Development Advances, 

and a percentage of the Equipment Costs appropriate for the period for which 

the Revenue is to be calculated. 

(37) "STATE" means any State and any of its agencies or instrumentalities. 

(38) "TRIBAL COURT" means courts duly constituted under the Constitution of 

the Pawnee Nation of Oklahoma. 

(39) "TRIBAL GAMING CHAIRMAN means the Chairman of the Pawnee 

Nation Gaming Commission. 

(40) "TRIBAL GAMING OPERATION means a Gaming Operation owned, 

operated, and managed solely by the Tribe through its own employees. 

(41) "TRIBAL LANDS'means: (a) all land within the limits of the boundaries of 

the Pawnee Indian Reservation; or (b) land over which the Pawnee Nation 

exercises governmental power and that is either - (1) held in trust by the United 

States for the benefit of the Pawnee Nation or individual Tribal members; or (2) 

held by the Pawnee Nation or individual Tribal member subject to restriction by 

the United States against alienation. 

(42) "TRIBAL PROSECUTOR" means any attorney regularly employed as an 

employee of the Tribe or other special counsel retained by the Tribe as a law 

enforcement official. 

(43) "TRIBAL-STATE COMPACT means an agreement between the Tribe and 

any state which regulates Class I11 Gaming pursuant to 25 U.S.C. 9 2710(d). 

(44) "TRIBAL TREASURER" means the Tribal Treasurer as described in the 

Constitution of the Pawnee Nation of Oklahoma. 
(45) "TRIBE" means the Pawnee Nation of Oklahoma. 

Article 2- General Provisions 

Section 2.1 Gaming Authorized 

Class I1 Gaming as defined at 5 2703(7)(A) and Class 111 Gaming as defined at 

8 2703(8) of the Indian Gaming Regulatory Act and by the regulations promulgated by 

the National Indian Gaming Commission at 25 C.F.R. $8 502.3 and 502.4 are hereby 

authorized in accordance with the provisions of this Ordinance. 

Section 2.2 Use of Net Revenue 

(1) Purpose. Net Revenue from any Tribal Gaming Operation@ shall only be 

used for the following purposes: 

(a) To fund Tribal government operations andlor programs; 

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

(c) To promote Tribal economic development; 

(d) To donate to charitable organizations; 

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

(2) Per Capita Payments. No per capita payment of such Revenues may be made. 

If the Pawnee Business Council subsequently elects to make per capita 

payments, it shall authorize such payments only upon approval of a gaming 

revenue allocation plan submitted to the Secretary of the United States 

Department of Interior pursuant to 25 U.S.C. 3 2710(b)(3). 

Section 2.3 Class I1 and Class I11 Licensing 

The following games may be licensed and conducted on Tribal Lands: 

(1) Class I1 Bingo as defined under this Ordinance (whether or not electronic, 

computer, or other technologic aids are used in connection therewith) 

including, if played at the same location, pull-tabs, lotto, punch boards, tip 

jars, instant bingo, and other games similar to bingo. Any game defined as 

Class I1 Gaming as defined, by the Act and otherwise determined to be Class I1 

Gaming by amendment of the Act, by regulation, by decision of the National 

Indian Gaming Commission, or a federal court. 

(2) Class I11 Games, as provided for in the compact between any State of 

Oklahoma and the Nation, or such procedures as prescribed by the Secretary 

of the Interior pursuant to the Act, may be licensed and conducted within the 

jurisdiction of the Nation. 

Section 2.4 Ownership of Gaming Operation 
The Nation shall have the sole propriety interest in and responsibility for the conduct of 

any Gaming Operation authorized by this Ordinance. If the Nation, acting through the 

Business Council, elects to allow individually owned Gaming Operations, it shall 

authorize such operations in accordance with the requirements set forth in 25 C.F.R. 5 

522.10 and 522.11. 

Section 2.5 Audit Provisions 

The following audit requirements shall apply to applicants, Gaming Operations, and 

contracts as set forth below: 

(1) Implied Consent for Audits and Review. In return for the privilege of 

conducting Gaming within the Nation's jurisdiction, any Person that applies 

for or receives a license to conduct Gaming pursuant to this Ordinance shall 

be deemed to have consented to the audit and review of any of its records by 

federal or Tribal law enforcement agencies, a duly authorized accounting fm 

designated by the Commission or agents of the Commission without notice or 

warrant, at any reasonable time, including, but not limited to, spot checks or 

field audits of its operations during Gaming sessions. 

(2) Annual Audits. At least once each calendar year, a complete audit, which 

may be encompassed within the existing independent Tribal audit system, will 

be conducted by a certified public accountant designated by the Commission 

for each Gaming Operation and Gaming Facility. The resulting audit reports 

shall be submitted promptly to the Commission and the National Indian 

Gaming Commission. 

(3) Audit of Contracts. All contracts for supplies, services, or concessions for a 

contract amount of Twenty-Five Thousand ($25,000) or greater annually, 

except contracts for professional legal or accounting services, relating to a 

Gaming Operation shall be subject to such independent audits, and each such 

contract shall contain a provision whereby each party thereto agrees to 

cooperate and comply with the audit. 

(4) Costs of Audits. The Commission shall levy upon each Gaming Operation or 

Gaming Facility a fee sufficient to pay for the expenses associated with the 

audit or audits provided for by this Section. 

Section 2.6 Environmental Protection 

'1) Class I1 and Class 111 gaming faculties shall be constructed, maintained and 

operated in a manner that adequately protects the environment and the public 

health and safety. 

(2) The Commission shall ensure compliance with 2.5 (1) and applicable NIGC 

Regulations. 

Section 2.7 Civil Penalties 

Any violations of this Ordinance may be subject to Civil Penalties, as authorized. The 

Commission is authorized to bring a civil action in any court of competent jurisdiction, 
including the Tribal Court, against any Person violating the provisions of this Ordinance. 

Upon finding that a violation has occurred, the Tribal Court may impose a civil penalty as 

provided in Section 12 or each separate violation in addition to any or all actual damages, 

administrative costs, and the fees of counsel retained by the Commission to prosecute 

such offense. Each game played at which a continuing violation occurs shall be deemed a 

separate violation. 

Section 2.8 Criminal Penalties 

Any person subject to the criminal jurisdiction of the Nation violating the provisions of 

this Ordinance shall be guilty of a criminal offense and shall, upon conviction thereof, be 

punished by confinement for a period of not more than one (1) year, and a fine of not 

more than five thousand dollars ($5,000), or by both such fme and imprisonment for each 

separate violation. 

Section 2.9 Invalidity 

If any provision of this Ordinance or the application thereof to any Person or 

circumstances is held invalid, the invalidity shall not affect other provisions or 

applications of the Ordinance which can be given effect without the invalid provisions of 

application, and, to this end, the provisions of this Ordinance are severable. 

Section 2.10 No Tribal Liability 

Neither the Nation nor its officers, agents, or agencies, shall be responsible for the debts 

or liabilities of any Gaming Operation, it being the intent that each Gaming Operation 

shall be a corporate entity solely responsible (with its Management Contractor when 

provided for by contract) for its own debts, torts, and other liabilities, and subject to suit 

in its own name to the extent explicitly provided for by this Ordinance. No provision of 

this Ordinance or regulations promulgated pursuant thereto constitutes a waiver of the 

Nation's sovereign immunity from suit, except as expressly provided otherwise herein. 

Section 2.11 Regulations of Tribal Subdivision 

Each Gaming Operation shall be regulated by the Commission as provided for and to the 

extent of this Ordinance, the Act, Tribal regulations, and regulations of the National 

Indian Gaming Commission. All Gaming Operations shall be subordinate agencies of the 

Nation. 

Article 3- Tribal Gaming Commission 

Section 3.1 Tribal Gaming Commission Created 

There is hereby established a Tribal Gaming Commission which shall be called the 

Pawnee Nation Gaming Commission (Commission). The Commission may consist up to 
five Commissioners appointed by majority vote of the Pawnee Business Council. 

Provided that no Commissioner shall be: 

(a) Younger than 25 years of age at the time of appointment; 

(b) A current member of the Pawnee Business Council. 

Section 3.2 Appointment of Members 

(1) Appointments of the Commission shall be for a period of three years. The 

initial appointments shall have different lengths of terms which shall result in 

staggered terms. Commissioners may be reappointed for one or more 

successive terms. Commissioners may remain appointed until a new 

Commissioner is appointed by the Pawnee Business Council. 

(2) Commissioners may be removed for cause by majority vote of the Pawnee 

Business Council. 

(3) Commissioners must satisfy a background check. Commissioners may not 

participate in matters relating to their background investigation. Such 

background investigations shall be under the direction of the Business Council 

or its designee. 

(4) Upon completion of the background investigation, the Pawnee Business 

Council, in Executive Session shall discuss all information gathered, and in 

regular session by majority vote, shall either: 

(a) issue a License, or 

(b) notice the Commissioner for a hearing before the Council, or 

(c) Deny the license. 

(5) Commissioners may be removed by a majority vote of the Pawnee Business 

Council. 

Section 3.3 Appointment of Officers 

The Chairman, Vice-Chairman, and Secretary shall be appointed by the Pawnee Business 

Council as set forth in Section 3.2 of this Ordinance. 

Section 3.4 Conflict of Interest 

(1) No member of the Commission shall engage in any business which is subject 

to regulation by the provisions of this Ordinance. No member, during his term 

of office or for two (2) years thereafter, may consult with or in any manner be 

employed by or own, directly or through a relative, nominee, or trustee, any 

interest in any business subject to regulation by this Ordinance. 

12) Members of the Commission and Commission employees are prohibited fkom 

playing or participating in any gaming activity in any Gaming Facility 

regulated by this Ordinance. 

Section 3.5 Meetings 
General Meetings of the Commission may be open to the public. Executive 

sessions may be held for good cause, including but not limited to, protecting 

the privacy of persons, considering personnel matters, considering licensing 

determinations, reviewing background investigations, hearing complaints 

against individuals, and considering whether to include persons on the list of 

excluded individuals. No vote shall be taken during executive session. Matters 

discussed in executive session are deemed confidential. 

The Commission shall meet at least monthly within the jurisdiction of the 

Pawnee Nation. 

Meetings may be called by the Chairman or by majority vote of the 

Commission at a duly called meeting. 

Notice of a meeting shall be posted in public areas at least 72 hours in 

advance or the meeting shall be rescheduled. 

An emergency meeting or special meeting may be called by the Chairman or 

by a majority of the Commission to transact business which could not be 

reasonably anticipated and placed upon the agenda of a regularly called 

meeting. Notice of such emergency meeting or special meeting shall be 

provided to the Commission, the Business Council, the Tribal Development 

Corporation, and the public. All requirements of this section, except notice, 

shall be applicable to an emergency meeting or special meeting. 

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. 

Participation in a meeting in such manner by a member shall constitute the 

presence of the member at the meeting. 

Three Commissioners shall constitute a quorum to transact business. Each 

member of the Commission shall be entitled to one vote. The 

ChairmdChairperson shall vote only in the event of a tie. 

The Commission shall act by majority vote of the Commissioners present. 

Minutes of meetings shall be kept and shall at a minimum record the topics 

discussed, motions made and the Commissioner making such motion, and the 

votes on motions. 

Nothing herein shall preclude a vote from being taken by the Commission 

telephone or email poll in an emergency when the circumstances do not allow 

a meeting of the full board in one location in a timely manner. 

Section 3.6 Authority and Responsibility 

The Commission shall have the power, authority, and responsibility to: 

(1) Initiate Civil and Criminal actions in court to enforce provisions of this 

Ordinance, Commission regulations or the IGRA, 

(2) Review, comment and approve management agreements for Class I1 and Class 

111 Gaming Activities; 
Review, comment and approve construction, development, and vendor 

contracts or agreements for conformance with this gaming ordinance and 

other laws of the Nation. 

Approve, deny, suspend or revoke gaming licenses for Class I1 or Class 111 

Gaming; 

Monitor all Gaming Activities conducted on Pawnee Nation Land on a 

continuous basis; 

Ensure that background investigations are conducted as required by this 

Ordinance; 

Demand access to and inspect, examine, copy, and audit all papers, books and 

records concerning activities and revenues of any Gaming Activities 

conducted on Nation land and any other matters necessary to carry out its 

duties under this Ordinance; 

Conduct such hearings as the Commission may deem appropriate in carrying 

out its duties, including administering oaths or affirmations to witnesses and 

issuing subpoenas to compel witness to appear at such hearings; 

By majority vote, authorize the Chairman of the Commission to issue, or 

cause to be issued, subpoenas, which subpoenas shall be of like effect as 

issued by the Tribal Court; 

Issue Notice of Violations to any person or facility within the jurisdiction of 

the Nation; 

When information is received through audits or other investigations that 

indicates a violation of Tribal, Federal or other applicable state Statues, laws 

or regulations, to treat as confidential and provide to the appropriate law 

enforcement officials and the Attorney General for prosecution; 

Promulgate, Adopt or develop regulations, provided that all such regulations 

shall be filed with the Tribal Secretary and shall be public records open to 

inspection by any person during normal business hours, deemed necessary to 

clarify or enforce provision of this Ordinance or the Nation's right and 

interests established in approved Management Agreements 

Adopt a Class I1 and Class 111 Gaming License Application; 

Deposit all payments, fees, assessments, penalties, interest, and civil fines 

collected under authority of this Ordinance into accounts designated by the 

Commission to the credit of the Nation; 

Collect fees and assessments as provided for in this Ordinance. 

Section 3.7 Quarterly Reports 

The Commission shall submit a report, including, if submitted, the views of individual 

Commission members, if submitted, to the Council on a quarterly basis each calendar 

year. The report shall include information concerning: 

(1) Funding, including income and expenses, of the Commission; 

(2) Net Revenue and Adjusted Gross Revenues received by the Nation &om 

Gaming Operation; 

(3) Recommendations for amendments to this Ordinance; 
(4) A summary of gaming licenses issued and denied, by type, during the 

preceding quarterly reporting period; and 

(5) Any other matter considered appropriate and relevant to the conduct of the 

Tribal Gaming Operations. 

Section 3.8 Budget 

The Pawnee Business Council is hereby authorized to appropriate such sums as may be 

necessary for the adequate operation of the Commission. 

Section 3.9 Staffmg of Tribal Gaming Commission 

(1) General Counsel. The Commission shall designate a licensed attorney to act 

as General Counsel to the Commission. 

(2) Other Staff. The Commission may appoint and supervise other staff for the 

Commission in accordance with the personnel policies and procedures of the 

Pawnee Nation, at such rates of pay as shall be reflected in the budget of the 

Commission as approved by the Business Council, provided that no Person 

may be appointed to the staff of the Commission who is a relative of a 

member of the Commission, Tribal Manager, Management Contractor, 

Primary Management Official, Key Employee, or a member of the Pawnee 

Business Council. 

(3) Assignment of Other Personnel. The Commission may request the 

assignment of personnel to assist the Commission in carrying out its duties 

under this Ordinance, unless otherwise prohibited by law or contract, and as 

authorized by the Pawnee Business Council. 

Section 3.10 Access to Information 

(1) General Authorization. The Commission may secure from any department 

or agency of the Tribal government, and from cooperating agencies or 

departments of the government of any Indian Tribe, any State, or the United 

States information necessary to enable it to carry out its function hereunder. 

Upon request of the Commission, the head of any department or agency of the 

Tribe shall furnish such information to the Commission unless otherwise 

prohibited by law. 

2) Distribution. The Commission is authorized, upon request for law 

enforcement purposes or as required by law, to distribute to the National 

Indian Gaming Commission, and any agency of another federally recognized 

tribe or state having authority to regulate gaming or prosecute offenders for 

violations of the appropriate gaming laws within the jurisdiction of such Tribe 

or state, such information as it may have available, unless otherwise 

prohibited by law. 

Section 3.11 Assessment of Fees 
(1) Authorization. The Commission shall, from time to time, promulgate 

regulations establishing a uniform schedule of fees to be paid annually by 

each Gaming Operation that is regulated by this Ordinance, and shall review 

said schedule annually during its budget process. The fee imposed on a 

Gaming Operation may be reduced or waived by the Gaming Commission in 

the event a Gaming Operation experiences a severe economic hardship or 

serious natural disaster. The rate of fees imposed under this Section shall be 

assessed as follows: 

(a) no less than 0.5 percent nor more than 2.5 percent of the first One 

Million Dollars ($1,000,000) of the Gross Receipts, and 

(b) no more than 5 percent of the Gross Receipts in excess of the first One 

Million Dollars ($1,000,000) of the Gross Receipts from each entity 

regulated by this Ordinance. 

(2) Non-Payment. Failure to pay the appropriate fees required under any 

provision of this Ordinance shall, subject to the regulations of the Tribal 

Gaming Commission, be grounds for revocation or suspension of the license 

of the nonpaying entity regulated by this Ordinance.. 

Section 3.12 Ethics 

(1) The Nation recognizes that the duties of the Commission include making 

important decisions on highly sensitive issues. As such, the Nation has 

determined that the Commission and Commission Staff shall be held to 

extremely high ethical standards. The Commission and Commission Staff 

shall agree to be bound by the following: 

(a) Endeavor to avoid any actions creating the appearance that they are 

violating the law or the ethical standards listed herein. 

(b) Not use their positions for private gain. 

(c) Not hold financial interests that conflict with the conscientious 

performance of their duties as regulators. 

(d) Not solicit or accept any gift or other item of monetary value, including 

complimentan, items or services over the amount of $100 from anv 

person or entity seeking official action or inaction from, doing business 

with, or conducting activities regulated by the member's organization, or - 

whose interests may be substantially affected by the performance or 

nonperformance of the Commissions' duties. 

(e) Make no unauthorized commitments or promises of any kind purporting 

to bind the Nation. 

(f) Act impartially, in accordance with all relevant Tribal, Federal, and State 

laws (where applicable), and shall not give preferential treatment to any 

private organization or individual, including to any persons related to 

Commissioners or Commission Staff. 

Article 4- Pawnee Nation Tribal Development Corporation Board of Directors 
Section 4.1 Duties of the Designated Business Entity 

It shall be the duty of the "Pawnee Nation Tribal Development Corporation Board of 

Directors" (hereinafter "Board of Directors"), appointed by the Business Council, to 

manage and conduct all Class I1 and Class 111 Games of a Tribal Gaming Operation in a 

fiduciary capacity to maximize the Revenues of said operation, to cause to be prepared 

and submitted to the Pawnee Business Council such reports as may be required by law, to 

account for all monies and property entrusted to the Tribal Gaming Operation, to collect 

and pay over all taxes due the Tribe and all assessments due to the National Indian 

Gaming Commission and the Commission, and to perform any other duties as may be 

required by law. 

Section 4.2 Board of Directors 

(1) The Board of Directors shall oversee and control all non-regulatory aspects of 

the Nation's gaming operations through oversight of the Executive 

Management of the facilities and adoption of policies and procedures to 

govern the gaming operations. 

(2) The actions and duties of the Board of Directors shall not violate applicable 

gaming laws or interfere with the Commission regulation of the Nation's 

gaming operations by the Commission. 

(3) All Board of Directors shall be fully licensed by the Commission, prior to any 

Board of Director assuming the appointment from the Business Council. 

Section 4.3 License Required 

'1) The members of the Board of Directors shall be subject to the same 

background check and license eligibility requirements as Key Employees and 

Primary Management Officials, found within this Ordinance and regulations 

promulgated hereunder, and each must be fully licensed accordingly in order 

to qualify for and retain office after appointment by the Business Council. 

\2) Appointee of the Board of Directors must be a person of the utmost honesty 

and integrity, must never have been convicted of a felony or a misdemeanor 

involving theft, embezzlement or a crime involving moral turpitude, and must 

be persons whose prior activities, reputation, habits and associations shall not 

in any way jeopardize the effective regulation of gaming or the Tribes' and the 

public's trust, confidence or interests. The appointee shall not be affiliated 

with or employed by the Gaming Enterprise in any capacity, and shall not 

gamble in any Gaming Facility run by the Tribal Gaming Enterprise nor 

assume any personal financial interest in any gambling by any patron of the 

Gaming Facility. 

(3) The Board of Directors or its members shall not have any pecuniary interest in 

any business or company holding a license under this Ordinance or doing 

business with any person licensed under this Ordinance. 
(4) The Board of Directors or its members shall not obtain or hold any interest in 

real property, to include but not limited to, the lease, sale or use of that real 

property for gaming purposes. 

(5) Such background investigation shall be performed at the direction of the 

Business Council by a duly appointed agent of the Council. Upon completion of 

the background investigation, the Commission shall review and make 

recommendations to the Business Council for issuance or denial of license, and 

the Council shall by majority vote, either: 

(a) issue a License, or 

(b) notice to the Applicant for a hearing before the Council, or 

(c) Deny the license. 

Section 4.4 Statement of Gross Gaming Receipts and Net Revenues 

(1) No later than the fifteenth (15th) day of each month, the Board of Directors 

shall ensure that each Gaming Operation shall provide, in a report form 

prescribed by the Commission, a statement of Gross Gaming Receipts, 

Operating and net Revenues received or collected at each Gaming Facility 

during the immediately preceding month. 

(2) Consistent with reasonable gaming industry business practices, the Gross 

Gaming Receipts derived from operations of tribally-owned and licensed 

Gaming Operation(s) may be expended and disbursed by a Management 

Contractor as specifically outlined in a Management Contract. 

(3) The verified monthly report shall be filed with the Commission of all receipts 

and disbursements of all funds related to said Class I1 and Class 111 Games. 

Such reports shall also contain an itemized list of all disbursements including, 

but not limited to, Operating Costs, Equipment Costs, Facility Costs, 

materials, supplies, equipment furnished, and prizes paid. The required reports 

shall be submitted pursuant to regulations adopted fiom time to time by the 

Commission. 

Section 4.5 Verification of Report 

The Board of Directors shall verify the accuracy of each report submitted to the 

Commission. 

Section 4.6 Record Retention and Maintenance 

(1) Scope. Each Gaming Operation shall keep and maintain sufficient books and 

records to substantiate the Gross Gaming Receipts, Operating Costs, and uses 

of revenues relating to the conduct of Gaming Operations authorized under a 

license. Included in the records of the activity shall be session summary 

sheets, operational budgets and projections, and tourhus attendance and 

compensation. 

(2) Duty to Account. No Management Contractor shall fail to account fully for 

all moneys received or collected in connection with Gaming Operations. 
Article 5- Licensing 

Section 5.1 License Requirements 

(1) Any Person seeking to conduct, operate or manage any Gaming Activity on 

Pawnee Nation Lands shall apply for and receive all the required licenses 

from the Commission prior to engaging in such Gaming Activity. All Gaming 

Vendors who directly or indirectly, provide, have provided, or are deemed 

likely to provide at least twenty-five thousand dollars ($25,000) in Gaming 

Services in a twelve month period, shall apply for and receive all required 

licenses from Commission prior to providing Gaming Services. 

(2) All Gaming Employees shall apply for and receive all required licenses from 

the Commission prior to employment. Any person seeking to conduct, 

operate, or manage Gaming Activities without first obtaining the required 

licenses shall be deemed in violation of this Ordinance and shall be subject to 

fines and penalties set forth within this Ordinance. Gaming Operations 

Management may request, in writing, a temporary license be issued for a 

Gaming Employee provided that the employment is ensure maintaining 

compliance with all applicable laws and regulations. 

Section 5.2 Nature of Gaming License 

A Gaming License is a revocable privilege, and the issuance shall not create any vested 

right. A Gaming License is personal to the licensee or specific to a Gaming Facility, and 

may not be reassigned or transferred. 

Section 5.3 Types of Licenses to be Issued 

(1) The Commission shall require licenses for all persons and entities for which a 

Tribal Gaming License is required and each license shall be valid for a term of 

two (2) years commencing from the date the license is issued under the IGRA 

and the Compact, including; 

(a) Gaming Commissioner; 

(b) Board of Directors; 

(c) Management Contractor; 

(d) Gaming Vendor; 

(e) Non-Gaming Vendor; 

(f) Key employees; 

(g) Primary Management Official; 

(h) Non-Gaming employee. 

(2) The Commission shall require a license for all Gaming Facilities and each 

license shall be valid for a term of three (3) years commencing from the date 

the license is issued under the IGRA and the Compact. 
Section 5.4 Gaming Facility 

(1) Gaming Facility. The Commission shall issue a separate license to each 

place, facility, or location conducting Class I1 andlor Class I11 Gaming 

Operations. Applications for a Gaming Facility license must contain at a 

minimum: 

(a) a complete legal description of the Gaming Site, including evidence 

that the Gaming Site is within the territorial jurisdiction of the Tribe 

and qualifies as Indian Land; 

(b) a complete and accurate description of the Gaming Facility, including 

where possible, blueprints, drawings, floor plans, including square 

footage, utility services, waste services, parking plans, and 

photographs (or renderings for a facility to be constructed); 

(c) evidence that the proposed Gaming Facility complies with applicable 

building and fire laws; and evidence that the Gaming Facility, or 

proposed, is insurable against fire and other hazards, and that liability 

insurance may be obtained to protect the public from hazards which 

may exist in or around the, proposed, Gaming Facility. 

(d) A copy of the insurance policies covering each Gaming Operation or 

any part thereof shall be filed at the Commission Office. 

(2) Fees for Gaming Operations. Gaming Operations shall tender the designated 

fee or fees to the Commission at the time application is made for a license. 

Section 5.5 Consent to Jurisdiction 

(1) Any person who applies for a License under this Ordinance, applies for 

employment in any Gaming Operation, enters into any contract or agreement 

with the Gaming Operation, or participates in any Gaming Activity on the 

Reservation, shall be deemed to consent to the civil jurisdiction of the Band, 

the Commission and the Tribal Court. Nothing in this Section shall limit the 

jurisdiction of the Band, the Commission or the Tribal Court under any 

circumstances not explicitly contemplated in this Ordinance. 

(2) A Tribal Court of competent jurisdiction may order execution upon property 

of a Person or entity; the suspension or termination of the Person's or entity 

fiuther conduct of gaming activities;, andlor the seizure of the Person's or 

entity's Gaming Equipment or proceeds of other property, upon a finding of 

the Commission or the Court that the Person or entity has violated a provision 

of the Act, regulations of the National Indian Gaming Commission, this 

Ordinance, or regulations promulgated by the Commission, 

(3) All persons or entities shall be afforded notice and a meaningll opportunity 

to be heard before any forfeiture action, license revocation or execution on 

property shall be had. 

Section 5.6 Application 
(1) Each Person having a Management Contract, each Primary Management 

Official and each Key Employee shall complete any application for an initial 

license or renewal of an existing gaming license on an application form 

prescribed by the Commission. Each gaming license or renewal license shall 

be valid for a term of two (2) years commencing from the date the license is 

issued. The application shall set forth: 

(a) the name under which the applicant transacts or intends to transact 

business on Tribal Lands; 

(b) the location of the Gaming Facility for which the gaming license is 

sought; and 

(c) the application shall be signed by the applicant if a natural person, or, in 

the case of an association or partnership, by a member or partner thereof, 

or in the case of a limited liability company, by a manager thereof, or in 

the case of a corporation, by an executive officer thereof. The applicant 

shall provide evidence of authority of the signatory or any other 

representative to act for and bind the applicant. If any change is made in 

that authority, the Commission shall be immediately informed in writing 

and, until that information is filed with the Commission, any action of 

the representative shall be presumed to be that of the applicant. 

Section 5.7 Notice Features 

(1) Privacy Act Notice. The following notice shall be placed on the application 

form of 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 

granted a gaming license. The information will be used by the Tribal 

gaming regulatory authorities and by the National Indian Gaming 

Commission members and staff who have need for the information 

in the performance of their official duties. The information may be 

disclosed 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 issuance, denial, or revocation of a gaming 

license, or investigations of activities while associated with a tribe or 

a gaming operation. Failure to consent to the disclosures indicated in 

this notice will result in a tribe's being unable to license you for a 

primary management official or key employee position." 

"The disclosure of your Social Security Number (SSN) is voluntary. 

However, failure to supply a SSN may result in errors in processing 

your application". 
(2) Notice of Consequences of False Statement. The following notice shall be 

placed on the application for a Key Employee or Primary Management 

Official before that form is filled out by an applicant: 

"A false statement on any part of your license application may be 

grounds for denying a license or the suspension or revocation of a 

license. Also, you may be punished by fine or imprisonment (U.S. 

Code, title 18, section 1001)." 

(3) The Commission shall notify existing Key Employees and Primary 

Management Officials, if any, 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 notices. 

Section 5.8 Application Fee 

The Commission shall establish a license application fee schedule. The application fee 

must he paid to the Commission upon submission of a license application. The purpose of 

the application fee is to defray the direct and indirect costs to be incurred by the 

Commission in reviewing and evaluating license applications and management contracts, 

including without limitation, costs and expenses for conducting background 

investigations and employing independent third-party consultants, accountants, and legal 

counsel to assist in the license application review and evaluation process. 

Section 5.9 Manner of Filing Instruments with Tribal Gaming Commission 

Any application, affidavit, return, report, fee, or other instrument, or payment required to 

be filed with, delivered to, or served upon the Commission by this Ordinance shall be 

deemed to be properly filed, delivered, or served, as the case may be, if it is filed, 

delivered or served upon the Chairman of the Commission at the Pawnee Nation Gaming 

Commission Ofice, or his designee at the Pawnee Nation Gaming Commission Office as 

the Commission shall designate in writing. 

Section 5.10 Application Timeline 

All Gaming License Applications, excluding vendor applications, shall be required to be 

filled out and returned to the Commission office for processing within seven days after 

issuance. The Commission staff will assign a tracking number to ensure that the applicant 

will not exceed the seven days. If the applicant does exceed the seven day requirement 

the applicant shall reassigned a new application with a new tracking number. 

Section 5.11 Fingerprinting 
The Commission shall obtain or cause to be obtained a current set of fingerprints on each 

person for whom background investigations is required, using forms supplied by the 

National Indian Gaming Commission, which shall be referred to the Federal Bureau of 

Investigation (FBI) Fingerprint Identification Division. The Commission is hereby 

authorized to take fingerprints pursuant to 25 C.F.R. 5 522.201). If the Commission is 

unable to take fingerprints, then the Commission may refer applicants to the Pawnee 

Nation Law Enforcement Department. The Pawnee Nation Law Enforcement Department 

will take fingerprints pursuant to 25 C.F.R. 5 522.201) and forward the completed forms 

to the Commission. 

Article 6- Vendors 

Section 6.1 Licenses for Vendors 

(1) Vendors of gaming services or supplies with a value of $25,000 or more 

annually must have a vendor license from the Commission in order to transact 

business with the Tribal Gaming Operation. Contracts for professional legal 

and accounting services may be excluded from this section. 

(2) Gaming vendors are vendors who provide gaming supplies and services, 

including cash-related services. 

(3) Non-gaming vendors provide services that do not have the ability to impact 

the integrity of the Tribal Gaming Operations, such as media advertising, 

facility maintenance workers, linen and laundry services, and food and 

beverage suppliers. The Commission shall create a regulation detailing which 

vendors fall into this category and shall maintain a register of the non-gaming 

vendors that it licenses. The regulation may exempt from licensing 

requirements non-gaming vendors who: 

(a) are Tribal, Local, State, or Federal government agencies; 

(b) are regulated by the by the State of Oklahoma or the Tribe; 

(c) will provide goods of insubstantial or insignificant amounts or 

quantities if the Gaming Commission determines that licensing of the 

vendor is not necessary to protect the public interest. 

(4) Attorneys and Certified Public Accountants may be exempt from the licensing 

requirements herein to the extent that they are providing services covered by 

their professional licenses. Attorneys or Certified Public Accountant will be 

registered with the Gaming Commission. 

Section 6.2 Submission of a Vendor License Application 

In order to obtain a gaming vendor license, the business must complete a vendor 

application and submit to background checks of itself and its . . . principals. Principals of a 

business include its officers, directors, management, owners, partners, non-institutional 
stockholders that either own 5% or more of the stock or are the 10 largest stockholders, 

and the on-site supervisor and manager under the agreement with the Nation. 

Section 6.3 Contents of the Vendor License Application 

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

(a) Name of business, business address, business phone, federal tax ID 

number (or SSN if a sole proprietorship), main office address if 

different from business address, any other names the applicant has 

done business under, type of service applicant will provide; 

(b) Whether the applicant is a partnership, corporation, limited liability 

company, sole proprietorship, or other entity; 

(c) If the applicant is a corporation, the state of incorporation, and the 

qualification to do business in the State of Oklahoma if the gaming 

operation is in a different State than the State of incorporation. 

(d) Trade name, other names ever used, names of any wholly owned 

subsidiaries or other businesses owned by the vendor or its principals; 

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

(f) Whether the applicant will be investing in or loaning money to the 

gaming operation and, so, how much; 

(g) A description of any existing and previous business relationships with 

the gaming industry generally, including ownership interests in those 

businesses; 

(h) A list of Indian tribes with which the vendor has an existing or 

previous business relationship, including ownership, financial, or 

management interests in non-gaming activities; 

(i) Names, addresses, and phone numbers of three business references 

with whom the company had regularly done business for the last five 

years; 

6) The name and address of any licensing or regulatory agency with 

which the business has filed an application for a license or permit 

related to gaming, whether or not such license or permit was granted; 

(k) If the business has ever had a license revoked for any reason, the 

circumstances involved; 

(1) 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 

disposition if any; 

(m) List the business' funding sources and any liabilities of $50,000 or 

more. 

(n) A list of the principals of the business, their social security numbers, 

addresses and telephone numbers, title, and percentage of ownership in 

the company; and 

(0) Any further information the Tribe deems relevant. 

(2) The following notice shall be placed on the application form for a vendor and 

its principals: 
Inclusion of false or misleading information in the vendor application 

may be grounds for denial or revocation of the Tribe's vendor license. 

Section 6.4 Vendor Background Investigation 

The Commission staff shall complete an investigation of the gaming vendor. This 

investigation shall contain, at a minimum, the following steps: 

(1) Verify of the business' incorporation status and qualification to do business in 

the State where the gaming operation is located; 

(2) Obtain a business credit report, if available, and conduct a Better Business 

(3) Bureau check on the vendor; 

(4) Conduct a check of the business' credit history; 

(5) Call each of the references listed in the vendor application; and 

(6) Conduct an investigation of the principals of the business, including a criminal 

history check, a credit report, and interviews with the personal references 

listed. 

Section 6.5 Vendor License Pee 

The Gaming Commission will set and charge a licensing fee for investigating and 

licensing of vendors of the gaming operation. 

Section 6.6 Vendor Background Investigation Report 

Commission staff shall complete an investigative report covering each of the steps taken 

in the background investigation of the gaming vendor and its principals and present it to 

the Commission. 

Section 6.7 Exemption for Vendors Licensed by Recognized Regulatory Authorities 

The Gaming Commission may adopt regulations naming specific licensing authorities 

that it recognizes and may authorize exemptions to the vendor licensing process for 

vendors which have received a license from one of the named regulatory authorities. 

Section 6.8 Licenses for Non-Gaming Vendors 

For non-gaming vendors, the Gaming Commission may create a less stringent vendor 

licensing process, including a due diligence check rather than a full background 

investigation. The Commission may investigate such vendors and may conduct audits in 

addition to monitoring Tribal purchases. 

Article 7- Background Investigations 

Section 7.1 Required Background Investigations 
Upon receipt of any appointment, contract, or application of a Management Contractor, 

Key Commission Employee, or Primary Management Official or Key and Non-Gaming 

Employee of a Gaming Enterprise, the Commission shall conduct, or cause to be 

conducted, a background investigation of the above-referenced individual(s). The 

Commission shall keep confidential the identity of each person interviewed and the 

documents gathered or reviewed in the course of each background investigation. 

Section 7.2 Background Investigation 

(1) For each Primary Management Official, Key Employee, Gaming 

Commissioner, Gaming Vendor Personnel and Board of Director the 

Commission shall verify all of the following information obtained through the 

approved application: 

(a) full name, other names used (oral or written), social security nuinber(s), 

birth date, place of birth, citizenship, gender, all languages (spoken or 

written); 

(b) currently, and for the previous five (5) years, the business and 

employment positions held, ownership interests in those businesses, 

business and residence addresses for previous five (5) years, and drivers 

license numbers; 

(c) the names and current addresses of at least three (3) personal references, 

including one personal reference who was acquainted with the applicant 

during each period of residence listed under paragraph (b) of this 

Section, 

(d) current business and residence telephone numbers; 

(e) a description of any existing and previous business relationships with the 

Tribe and any other Indian Tribes, including ownership interests in those 

businesses; 

(9 a description of any existing and previous business relationships with the 

gaming industry generally, including ownership interests in those 

businesses; 

(g) the name and address of any licensing or regulatory agency with which 

the person has filed an application for a license or pennit related to 

gaming, whether or not such license or permit was granted as well as 

any suspension, revocation and reason for such; 

(h) for each felony for which there is an ongoing prosecution or a 

conviction, the charge, the name and address of the court involved, the 

date, and disposition, if any; 

(i) for each misdemeanor conviction or misdemeanor prosecution 

(excluding minor traffic violations) within ten (10) years of the date of 

the application, the name and address of the court involved, the date, and 

disposition; 

(j) for each criminal charge (excluding minor traffic charges) whether or 

not there is a conviction, if such criminal charge is within ten (10) years 

of the date of the application and is not otherwise listed pursuant to 
Paragraphs (h) or (i) of this Section, the criminal charge, the name and 

address of the court involved, the date, and disposition; 

(k) the name and address of any licensing or regulatory agency with which 

the applicant has filed an application for an occupational license or 

permit, whether or not such license or permit was granted; 

(1) a current photograph; 

(m) fingerprints consistent with procedures adopted by the Commission 

according to 25 C.F.R. 9 522.2 (h), 

(n) Military Information, and 

(0) any other information the Tribal Gaming Commission deems relevant. 

(2) The Commission shall inquire into the applicant's prior activities, criminal 

record, if any, and reputation, habits and association; interview a sufficient 

number of knowledgeable people such as former and current employers, 

business associates, personal references, and others to whom referred in order 

to provide a basis for the Commission to make a finding concerning the 

eligibility for employment in a gaming operation. 

13) The Commission may inquire into state and local law enforcement agencies, 

business registration and licensing agencies, and taxing authorities for 

purposes of conducting inquiry and investigation of the truthfulness and 

accuracy of all information required for each applicant. 

(4) Commission staff shall submit a detailed written report to the Commission 

disclosing the results of the background inquiry, designating areas of inquiry 

for which incomplete information exists following diligent efforts customary 

for the subject matter of the particular inquiry, and the disposition of all 

potential problem areas noted and disqualifying information obtained. The 

Commission shall render an eligibility determination. 

Section 7.3 Report to the National Indian Gaming Commission 

(1) When a key employee or primary management official is employed to work at 

a gaming operation authorized by this ordinance, the Commission shall 

fo&ard to the National Indian ~a&in~ comrnissioh a completed Notice of 

Results. 

(2) 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 

(3) Notice of Results. Pursuant to the procedures set out in (1) and (2) of this 

section of this Ordinance, the Commission shall prepare and forward to the 

National Indian Gaming Commission a Notice of Results. 

(4) Notification of Licensing Decision. The Commission shall notify the Nation 

Indian Gaming Commission of all licensing decision regarding Key 

employees and Primary Management Officials. 

'5) Record Keeping. With respect to all licensed Primary Management Officials 

and Key Employees of the Gaming Enterprise, the Gaming Commission 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. 

(6) Notification to National Indian Gaming Commission. Whenever it appears 

to the Commission that a proposed license would be consistent with the Act, 

this Ordinance, and the public interest, it may issue the requested license after 

thirty (30) days notice of intent to issue the license to the National Indian 

Gaming Chairman, unless during the notice period, the Commission is 

directed by the National Indian Gaming Commission to delay issuance of the 

license for further investigation. It shall be a condition of the license that each 

applicant, or proponent thereof, notify the Commission in writing within three 

(3) business days of any event which would change any of the answers or 

information submitted with a license application. 

Article 8- Granting a Gaming License, Renewal and Suspension 

Section 8.1 Granting a Gaming 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 Commission, acting 

for the Tribe, may issue a license to such applicant. 

(2) The Commission shall respond to a request for additional information fiom 

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 thirty (30) day period under paragraph (a) 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 Commission 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 Commission shall make the 

final decision whether to issue a license to such applicant. 

Section 8.2 License Renewals 

(1) Every license shall be renewable upon request in such form as the 

Commission shall, by regulation, determine, provided that the renewal request 

shall specifically identify any changes in the renewal applicant's original 

license application or renewal license application, as the case may be, since 

the issuance of the license being renewed. 
(2) Renewal Fee. The renewal applicant shall pay a license renewal fee 

established by the Commission. 

(3) Expiration. Each renewed gaming license shall be valid for a term of (2) year 

commencing fiom the date the license renewal is issued. 

Section 8.3 License Revocation 

(1) Grounds for Revocation. If, after the issuance of a gaming license, the 

Commission receives fiom the National Indian Gaming Commission, or any 

other source, reliable information indicating that a Primary Management 

Official or Key Employee of a Gaming Enterprise is not eligible for 

employment, the Commission shall suspend such license and shall provide 

written notification of the license suspension and the proposed revocation. 

(2) Notice and Hearing. The Commission shall notify the licensee of a time and 

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

(3) Notification to National Indian Gaming Commission. After a revocation 

hearing, the Commission shall decide to revoke or to reinstate a gaming 

license. The Commission shall notify the National Indian Gaming 

Commission of its decision within forty-five (45) days. 

Article 9- Management Contracts 

Section 9.1 Commission Licensing of Management Contractor Required 

(1) Any Management Contract entered into by the Nation for the operation and 

management of Class I1 andlor Class 111 Gaming Activity must provide that 

the parties in interest associated with the Management Contractor shall submit 

to a suitability determination by the licensing requirements of the 

Commission. The Commission may require and obtain the following 

information: 

(a) The name, address and other additional pertinent background 

information on each Person including, in cases involving entities, each 

individual, partner, officer, shareholder, and director comprising such 

entity having direct fmancial interest in, or management responsibility 

for, such Contract; and in the case of a corporation, those individuals 

whose serve on the board of directors of such corporation and each of its 

stockholders who hold, directly or indirectly, 10% or more of its issued 

and outstanding stock; and 

(b) A complete financial statement of each Person listed pursuant to 

subsection (a) above. 

(2) Any Person listed pursuant to subsection (l)(a) above shall be required to 

respond to such written or oral questions that the Commission may propound 

in accordance with its responsibilities under this Ordinance. 

(3) The Commission may require management contractors and potential 

management contractors to pay a fee as set from time to time to cover the cost 
of the investigation necessary to reach a suitability determination as required 

by the Ordinance. 

Section 9.2 Provisions of Management Contracts 

Any management Contract entered into by the Nation may include the following 

provisions: 

(1) That accounting procedures are maintained and verifiable financial reports are 

prepared, by or for the Nation, on a monthly basis; 

(2) For access to daily operations of the Gaming Facility to appropriate Tribal 

officials and their accountants and assistants, who shall also have a right to 

verify the daily gross revenues of the Gaming Operation and income made 

from any Gaming Activity or other activities managed pursuant to the 

Management Contract; 

(3) For minimum guaranteed payment to the Nation that has preference over the 

retirement of development and construction costs; 

(4) For an agreed ceiling for the repayment of development and contraction costs; 

(5) For a Contract term not to exceed five (5) years, except that, upon the request 

of the Nation, a contract term that exceeds five (5) yearsbut does not exceed 

seven (7) years; 

(6) For grounds and mechanisms for terminating such Management Contract; and 

(7) That Preference will be given to Tribal members and non-member Indians in 

hiring of employees for the Gaming Activity. 

Section 9.3 Percentage of Net Revenue Pees 

A Management Contract providing for a fee based upon a percentage of Net Revenues of 

a Gaming Operation shall not exceed 30% of the Net Revenue unless the Nation is 

satisfied that the capital investment required, and income projections for such Tribal 

gaming Operation, justify an additional fee - in no event to exceed 40% of Net Revenue. 

Article 10- Unlawful Acts 

Section 10.1 Unlawful Acts 

(1) No person shall operate or conduct any Gaming activity in a Gaming 

Operation within Tribal Lands without a gaming license issued by the 

Commission, as required by this Ordinance. 

(2) No licensee or license applicant shall provide false information in connection 

with any document or proceeding required or provided for under this 

Ordinance. 

(3) No person under the age of eighteen (18) years shall be permitted to 

participate in any Gaming activity or any person under the age of twenty-one 

(21) if alcoholic beverages are served. 

(4) No person shall engage in any form of Cheating in any Gaming activity. 
(5) No Person, other than a law enforcement officer or security personnel licensed 

to cany a firearm, may enter or remain in a Gaming Facility licensed under 

this Ordinance while in the possession of a firearm or other weapon. 

(6) No person shall violate any provision of this Ordinance, nor any rule, 

regulation or order that the Commission may adopt or issue, nor any provision 

of the Act, or regulation adopted by the Commission. 

(7) Any Person who knowingly and with a common intent aids or assists a Person 

who violates any provision of this Ordinance shall be deemed to be in 

violation of this Ordinance to the same extent as the violator. 

(8) Each Management Contractor shall comply with the applicable provisions of 

this Ordinance. Each Management Contractor is also responsible for ensuring 

that all Primary Management Officials and Key Employees assisting in 

Gaming Operations comply with this Ordinance. A violation by any such 

officials or employees shall be deemed a violation by the Management 

Contractor and shall subject the Management Contractor to a civil 

enforcement action. 

Article 11- Civil Enforcement 

Section 11.1 Action to be Taken 

The Commission may take any one or a combination of the following actions with 

respect to any Person who violates any provision of this Ordinance: 

(1) Impose a civil fme not to exceed the maximum amount allowed by the 

National Indian Gaming Commission for each day any violation continues; 

(2) Suspend, Condition or revoke any gaming license issued by the Commission; 

(3) Exclusion of such persons fkom Gaming Facilities; 

(4) Bring an action in Tribal Court for imposition of one or more of the following 

sanctions: 

(a) Suspension or termination of the license and suspension conduct of 

Gaming Operations or other activities; 

(b) Seizure of any gaming apparatus, proceeds, or other property of a 

licensee or property connected with the Gaming Operations engaged in 

by the licensee; 

(c) Collection of any unpaid fees together with interest at the rate of one 

percent (1%) per month; 

(d) Execution on any non-exempt property of a violator located within the 

exterior boundaries of the Tribal Lands; or 

Section 11.2 Jurisdiction 

The Tribal Court shall have jurisdiction over any civil action brought by the Commission 

under this Ordinance, and also shall have the authority to impose any and all sanctions 

imposed by the Commission pursuant to this Ordinance. 
Article 12- Hearing and Appeals 

Section 12.1 Petition for Hearing and Reconsideration 

Any person or entity aggrieved by a decision made or action taken by the Commission 

may petition the Commission for a hearing and/or reconsideration. Such petition shall be 

filed within thirty (30) days after notice of the action. The Commission may affirm, 

modify, reverse and/or vacate its decision or action. 

Section 12.2 Judicial Review 

(1) Scope and Procedure. The decisions of the Commission denying, 

suspending, or revoking a license, or ordering permanent closure of a Gaming 

Operation or Gaming, shall be subject to judicial review in the Tribal Court 

only, naming the Commission as the sole defendant to the extent that the suit 

seeks prospective injunctive relief and does not claim monetary damages of 

any kind. The Tribal Court may enter declaratory and injunctive relief only 

against the Commission and may not enter a money damage judgment of any 

nature, PROVIDED, that the limited waiver of immunity herein contained is 

conditioned upon the plaintiff in such action posting a bond with good and 

sufficient sureties in an amount that shall be determined by the Court as 

deemed necessary for cause shown, for the payment of the attorney's fees and 

court costs incurred by the Commission, which costs and fees shall be 

awarded by the Tribal Court as a part of any judgment or decree; and 

PROVIDED FURTHER, that no temporary restraining order may be issued 

under any circumstances and no preliminary injunction may be issued in favor 

of such plaintiff absent a noticed hearing wherein the plaintiff presents 

substantial and credible evidence that: 

(a) the plaintiff is likely to prevail upon the law and facts, and the evidence 

in favor of plaintiff is clear and convincing; 

(b) that the public health, welfare, and safety will not be harmed by such 

temporary relief; 

(c) that the balance of equity is strongly in favor of such plaintiff; 

(d) the plaintiff will suffer irreparable harm absent such temporary relief 

other than simply economic loss; and 

(e) at least forty-eight (48) hours notice is given to the legal counsel 

appointed by the Commission and the Secretary of the Commission. 

(3) Immunity. The individual members of the Commission shall be absolutely 

immune from civil suit in all actions at law or in equity for any actions taken 

or statements made within the scope of their authority as members of the 

Commission, or in a good faith belief that their actions or statements were 

within the scope of their authority. The Pawnee Nation of Oklahoma may 

defend and indemnify the individual members against any civil suit even if the 

civil suit alleges actions outside the scope of authority; PROVIDED, however, 

that if a final judgment determines that the Commission's actions were, in 

fact, outside the scope of authority, with no good faith belief that they were 
otherwise, then the costs of defense may be recovered from the individual 

members of the Commission by the Pawnee Nation 

Article 13- Applicable Laws 

Section 13.1 Controversies Involving Contract 

(1) All controversies involving contracts relating to Gaming entered into under 

the authority of the Tribe on Tribal Lands shall be resolved in the Pawnee 

Tribal District Court, as appropriate, and in accordance with: 

(1) The IGRA, 

(2) Regulations promulgated by the National Indian Gaming Commission; 

(3) Fincen Regulations; 

(4) This Ordinance; 

(5) Tribal laws, ordinances, regulations, and resolutions; 

(6) Pawnee Tribal District Court decisions; and 

(2) In the event that no Federal or Tribal law, ordinance, regulation, resolution, 

court precedent exists to address any particular case or controversy, then 

disputes shall be resolved by looking first to the laws and court decisions of 

other Indian tribes. and thereafter to the law of the State of Oklahoma. No 

provision of this Ordinance or regulations promulgated pursuant thereto 

constitutes a waiver of the Tribe's sovereign immunity from suit, except as - expressly provided otherwise herein. 

Article 14- Senice of Process 

Section 14.1 Gaming Commission Sewice Agent 

The Chairperson for the Business Council is hereby appointed as the agent for service of 

process. The Chairperson's address is 881 Little Dee Drive, Pawnee, Oklahoma 74058. 

Section 14.2 Management Service Agent 

Each Management Contractor shall designate, by written notification to the Commission 

and the National Indian Gaming Commission, an agent for service of any official 

determination, order, or notice of violation. 

Article 15- Patron Disputes 

Section 15.1 Patron Disputes 

(1) Except for Tort and Prize Claim covered by the Compact, any person who has 

any dispute, disagreement or other grievance with the Gaming Operation that 

involves currency, tokens, coins, or any other thing of value, may seek 

resolution of such dispute from the following persons and in the following 

order: 
(a) A member of the staff relevant of the Gaming Operation; 

(b) The supervisor in the area of the relevant Gaming Operation in which the 

dispute arose; 

(c) The manager of the manager of the relevant Gaming Operation; 

(d) The Commission 

Section 15.2 Patron Rights Regarding Disputes 

Except for Tort and Prize Claims covered in the Compact, when a person brings a dispute 

for resolution pursuant to 16.1, the complainant has the right to explain his or her side of 

the dispute, and to present witnesses in connection with any factual allegations. At each 

level, if the dispute remains unresolved, the complainant shall be informed of the right to 

take the dispute to the next higher level as set forth in 15.1. Resolution of any dispute by 

the personnel of a Gaming Operation shall always involve two or more staff members. 

All disputes, whether resolved or not, shall be reported in detail by the staff persons 

involved to their supervisor, or, in the case of General Manager of the Gaming Operation, 

to the Commission. 

Section 15.3 Commission Action on Patron Dispute 

In the event any Person, as described in 15.1 and 15.2, is dissatisfied with the response 

from the Manager of a Gaming Operation such person may request a hearing in front of 

the Commission. This request must be submitted within seven days of the response from 

the Gaming Operation Manager. The Commission shall notify the Patron and the Gaming 

Operation Manager the time and place set for the hearing. The Commission shall 

schedule the hearing within twenty days of its receipt for request for hearing. The Patron 

may submit written and oral evidence in support of hisher claim. The Gaming Operation 

Manager or his designee shall also attend the hearing to respond to the claim(s) made by 

the Patron. The decision of the Commission shall be final. 

Article 16- Exclusion or Ejection of Individuals 

Section 16.1 Exclusion List 

The Commission shall provide for the establishment of a list of persons who are to be 

excluded or ejected from any duly licensed Gaming Facility. The list shall include any 

person whose presence in the Gaming Facility is determined by the Commission to pose a 

threat to the integrity of Gaming operation, a threat to the health, safety or welfare of 

employees or patrons, interests of the tribe, race, religious creed, color, national origin, 

ancestry, physical or mental disability, medical condition, marital status, sex, age, or 

sexual orientation must not be grounds for placing the name of a person on the list. 

Section 16.2 Notice or Opportunity to be Heard 

The Commission shall notify or attempt to notify person(s) identified in 16.1 for the 

purpose of due process for consideration to be placed on the exclusion list. 
~rtielk 17- Regulations 

Section 17.1 Promulgating Regulations 

(1) The Commission shall from time-to-time promulgate and issue regulations 

governing any aspect of its responsibilities under the Pawnee Nation Gaming 

Ordinance. Such regulations, so long as they are in furtherance of and not 

inconsistent with any provisions of the Pawnee Nation Gaming Ordinance, 

shall have the force of law. Without limitations, the matters to be addressed by 

such regulations may include the following: 

(a) the timing, manner and procedures applicable to applying for licenses 

for Gaming Facility Operators, Gaming Managers, Gaming 

Manufactures and Suppliers, Gaming Employees, and Gaming Facilities, 

including the information to be provided in connection with such 

application, and the manner in which such applications will be 

processed; 

(b) the specific types of accounting, organizational and security measures to 

be in place and functioning at any Gaming Facility licensed under the 

Commission. 

(c) the grounds for, and procedures for imposition of, any disciplinary 

action taken against licensee, 

(d) the public health and safety standard governing the physical plant of the 

Gaming Facilities, the provision of food and beverages and the 

admission of patrons to the Gaming Facilities; and 

(e) the procedures to be instituted by the Gaming Operation to ensure the 

physical safety of its employees and patrons, to safeguard its assets 

when being transported to and from the Gaming Facility and cashier's 

cage department, and to protect its property and the property of the 

patrons from illegal activity. 

(2) The Commission must approve its regulations in proposed form and must then 

submit such proposed regulation to public comment for a period of no less 

than thirty (30) calendar days after publication. Following the public comment 

period, the Commission will again consider its proposed regulations prior to 

finalization and may submit proposed regulation to the Pawnee Nation 

Business Council for review. Upon review of proposed regulations, the 

Commission will then file the final version of such regulations with the 

Pawnee Nation Business Council Secretary and shall be public records open 

to inspection by any person during normal business hours. 

(3) In the event the Commission determines that immediate administrative action 

is necessary to avoid serious jeopardy to the integrity of any Gaming Activity 

under its jurisdiction, the Commission may, upon making an express written 

findings as to the urgency of the situation, issue an interim regulation which 

shall take immediate effect as if final, and shall remain in effect until Steps 1 

and 2 are taken. 
Article 18- Amendment of Ordinance and Effective DateIRepeal 

Section 18.1 Amendment 

This Ordinance may be amended by majority vote of the Pawnee Business Council. 

Within fifteen (15) days after adoption, the Pawnee Business Council shall submit any 

amendment to the Chairperson of the National Indian Gaming Commission for approval. 

Section 18.2 Effective Date and Repeal of Prior Ordinances 

This Ordinance shall be effective upon approval of the Chairperson of the National 

Indian Gaming Commission. Once effective, this Ordinance shall serve to repeal all 

previous gaming ordinances of the Pawnee Nation of Oklahoma.