herein shall prevent the licensee from granting preferences to
Native Americans as permitted by law; and

(b) Persons, management entities and suppliers of gaming goods and services
licensed by the Commission shall comply with such conditions of the license as
the Commission, in its reasonable discretion, may require.

Section 3.10 Facility License.

The Commission may issue an annual facility license to a gaming establishment, if the
gaming establishment:

(a) Is a sound physical structure with adequate and safe plumbing,
electrical, heating, cooling and ventilation systems in place and
operational;

(b) Has been inspected and approved for safety by a building and fire
inspector designated by the Commission;

(c) ls adequate in all respects to accommodate the gaming intended to be
carried on within the structure;

(d) Is equipped with security and surveillance equipment meeting or
exceeding provisions set forth in regulations established by the
Commission;

(e) Meets all requirements of applicable federal, Tribal and state law; and

(f) Has paid all applicable license fees and costs.

Section 3.11 Certification of Gaming Devices.

All gaming devices purchased, leased or otherwise acquired by the Tribe must, meet
the technical equipment standards set forth therein. The Commission shall maintain a
complete list of all gaming devices (whether or not such devices are in use) located at
any gaming establishment.

Section 3.12 Provisional License.

The Commission may issue provisional licenses pending the satisfactory completion of
all background investigations and other requirements of this chapter, IGRA, and, if
applicable, pending expiration of the 30-day NIGC review period provide for at 25
C.F.R. § 558. In no event shall a provisional license be valid for greater than 90 days,
subject to the issuance of another provisional license if such background investigations
are not completed so long as no information to date has been received which would
otherwise disqualify the applicant for a license.

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outcome or odds of such gaming, to keep track of or analyze cards, or to change
probabilities of any game or the playing strategies regularly utilized in such gaming.

Chapter X

National Indian Gaming Commission and Compact

Section 10.01 Regulation of the Commission.

Notwithstanding any provision in this chapter or the rules, the Commission is hereby
fully empowered to comply with all regulations promulgated by the NIGC including, but
not limited to, reporting requirements relating to ordinances, contracts, license
applications, background checks, and other information.

Section 10.02 Assessment.

Notwithstanding any provision in this chapter or the rules, the Commission is hereby
fully empowered to comply with all assessments authorized by the NIGC. Such
assessments shall be payable solely from funds of gaming operation revenues as an
operating expense.

Chapter XI

General Requirements

Section 11.01 Security and Surveillance.

Each gaming establishment must provide for full security and surveillance within the
gaming establishment at all times. All security personnel in a gaming establishment
must be licensed by the Commission. The security and surveillance departments shall
interact when necessary to carry out their official duties and to coordinate their activities
in order to effectuate the best protection for the gaming patrons and the Tribal and
management interests and assets of the enterprise.

Section 11.02 Compliance With Other Laws.

The construction, maintenance and operation of any gaming operation shall be in a
manner which protects the environment, public health and safety, and shall comply with
all applicable Tribal and federal laws relating to environmental protection and public
health and safety including, but not limited to, 25 C.F.R. § 522.4(b)(7).

Section 11.03 Amendments.

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Section 7.02 Oversight of Internal Fiscal Affairs.

The Commission shall require independent audits of the financial statements of all
gaming operations. Such independent audits must apply and require the consistent
application of generally accepted accounting principles, and shall:

(a) Be conducted by independent accountants, knowledgeable in
casino audits and operations and licensed or certified to practice
public accounting in the State of Oklahoma;

(b) Include an opinion, qualified or unqualified, or if appropriate,
disclaim an opinion on the financial statements taken as a whole in
accordance with standards of the accounting profession established
by rules and regulations of the Oklahoma State Council of
Accountancy and the American Institute of Certified Public
Accountants;

(c) Disclose whether the accounts, records and control procedures
maintained by the gaming operation conform with this chapter and the
rules; and

(d) Provide a review of the internal financial controls of the audited
gaming operation to disclose any deviation from the requirements of
this chapter and the rules and report such findings to the Commission
and the management of the audited gaming operations; and

(e) Provide such other information as the Commission deems
necessary or appropriate.

Section 7.03 Conduct of Audit.

(a) The Commission shall cause to be conducted annually an
independent audit of gaming operations and shall submit the resulting
audit reports to the NIGC.

(b) All gaming related contracts that result in the purchase of supplies,
services, or concessions in excess of $25,000.00 annually, except
contracts for professional legal and accounting services, and any other
information the Commission deems necessary or appropriate shall be
specifically included within the scope of the audit described in section
16-8.03(a). :

Section 7.04 Prohibition Against Embezzlement.

Any delay or action of any kind which, in the opinion of the Commission, is effectuated
by any licensee to unlawfully or improperly divert gaming or other proceeds properly

Adopted March 16, 2005 34
Tribal Council Resolution 31-1054


ARTICLE XIV. RESERVED*

Section 19.01-40.01 Reserved.

NOW THEREFORE, BE IT ORDAINED, by the Tribal Council of the Osage Tribe of
Indians, with a quorum resent, that the foregoing Ordinance is hereby enacted into tribal
law in ordinance form, with the ordinance to be henceforth incorporated into the Osage
Code as set forth above immediately upon ratification by the Principal Chief and by the
Chairman of the National Indian Gaming Commission.

Adopted by Resolution of the Osage Tribal Council the 16"" Day of March 2005.

”
aetna PrincipalZhief

\

Attest:

7 Secretary

Adopted March 16, 2005 4B
Tribal Council Resolution 31-1054


Section 2.06 Authority of Commissioner.

The Commissioner may exercise any proper power and authority necessary to perform
the duties assigned by this Code. The Commissioner may organize any functional
divisions as may be necessary and from time to time alter such plan of organization as
may be expedient. The Commissioner shall recommend the Osage Tribal Gaming
Commission budget to the Principal Chief and Osage Tribal Council, and take any other
steps necessary to fulfill the duties and responsibilities under the Code. In adopting,
amending, or repealing any Osage Tribal Gaming Commission regulations, the
Commissioner shall give prior notice of the proposed action to all licensees and other
persons whom the Commissioner has reason to believe have a legitimate and bona fide
interest in such proposed action.

Section 2.07 Reports of the Commission.

The Commission, through its Gaming Commissioner, shall provide to the Principal
Chief, Assistant Principal Chief, and Osage Tribal Council, quarterly reports of the
activities of the Commission. In addition, the Commissioner shall provide any other

report requested by the Principal Chief, Assistant Principal Chief, and Osage Tribal
Council, or as requested by the National Indian Gaming Commission.

Chapter III

Licenses, Applications and License Procedures

Section 3.01 Gaming License Required.

The Commission is hereby authorized to issue all licenses for the conduct of all gaming
authorized under this chapter or any other license related to gaming which the
Commission may, by rule require.

(a) Persons. The following persons must obtain licenses as
a precondition to employment in or management of any gaming operation:

(1) Any management entity or controlling shareholder. Any person
deemed a controlling shareholder must comply with the same
licensing requirements as if such person were a primary
management official; however, if any controlling shareholder is a
non-natural person, such controlling shareholder shall be subject to
management entity licensing procedures;

(2) All primary management officials;
(3) All key employees;

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interviewed in the course of the investigation. Willful or careless violations of this
requirement are subject to penalty ranging from censure, suspension, removal
from office and a fine of up to $5,000.00.

Section 4.04 Completion of Investigation.

Upon completion of the investigation, the Commission may either (i) grant a license to
the applicant, or (ii) notice the applicant for a hearing under article VI of this chapter.
The Commission may notice the applicant for a hearing at any time during the
investigation.

Section 4.05 Issuance of License.

The Commission, after a hearing conducted under article VI of this chapter, may,
subject to the requirements of section 16-5.09, issue a license only after it has
determined that the following minimum requirements have been met:

(a) The applicant has fully completed all required application forms and
has provided the Commission with all other information that the
Commission has requested;

(b) The applicant meets all of the licensing requirements of this chapter;

(c) The applicant meets all of the licensing requirements and criteria
contained in the compact;

(d) The Commission has reviewed the applicant's criminal history record
and deems the applicant's criminal history to be satisfactory to hold a
license; and

(e) All applicable license fees and costs have been paid.

Section 4.06 Denial of a License Application.

The Commission, after a hearing conducted pursuant to article VI of this chapter, may
deny an applicant a license only after it has determined that the minimum requirements
contained in section 16-5.04 have not been met by the applicant or the applicant's
application, or if the Commission determines that the applicant is a person whose prior
activities, criminal record, reputation, habits or associations pose a threat to the public
interest or to the effective regulation and control of gaming, or create or enhance the
dangers of unsuitable, unfair, or illegal practices, methods, or activities in the operation
of gaming or the carrying on of the business and financial arrangements incidental
thereto.

Section 4.07 Cancellation or Suspension.

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All provisions of this chapter are subject to amendment by the Council. All rules
promulgated by the Commission are subject to proper revision, repeal, or amendment
by the Commission. All amendments to this chapter shall be effective upon the date of
passage by the Council.

Section 11.04 Severability.

If any provision of this chapter, or any portion of any provision to this chapter, is found to
be invalid by any court of competent jurisdiction, the full remainder of such provisions
shall not be affected.

Section 11.05 Words and Terms.

Tense, number and gender. In interpreting the provisions of this chapter, save when
otherwise plainly declared or clearly apparent from the context:

(a) Words in the present tense shall include the future tense;

(b) Words in masculine, feminine and neuter genders shall include all
genders; and

(c) Words in the singular shall include the plural, and words in the plural
shall include the singular.

Section 11.06 Repeal.

To the extent that they are inconsistent with this chapter, all prior gaming laws,
tules, ordinances or regulations of the Tribe are hereby repealed.

Section 11.07 Unclaimed Winnings.

(a) Any winnings, whether property or cash, which are due and payable to
a participant in any gaming activity, and which remain unclaimed at the
end of a gaming session, shall be held in safekeeping for the benefit of
such participant if his or her identity is known. Such winnings shall be held
for 12 months or such longer period as the Commission deems
reasonable in consideration of all relevant facts and circumstances. The
Commission shall make such efforts as are reasonable under the
circumstances to locate such participant. At the end of the safekeeping
period, such winnings shall revert to the ownership of the Tribal Casino
Gaming Enterprise and shall be transferred to the account or place
designated by the enterprise.

(b) In the event the identity of a participant entitled to unclaimed winnings
is unknown, the Commission shall use its best efforts to learn the identity

Adopted March 16, 2005 39
Tribal Council Resolution 31-1054


() “Gaming” means any Class II or Class III Gaming activity, either
individually or collectively, whether authorized or unauthorized.

(k) “Gaming Device” means any equipment or mechanical,
electromechanical or electronic contrivance, component or machine, used
remotely or directly in connection with any gaming which affects the result
of a wager by determining or predicting the outcome of such game or the
odds of winning or losing such game. The term shall be broadly construed
to promote the purposes of this chapter and shall also include any
devices, machines, components or contrivances which do or are capable
of affecting, in any way, the playing of any gaming.

()) “Supplier or Vendor of Gaming Goods and Services” means any

person who manufactures, sells, leases, distributes, supplies or makes
modifications to, any gaming device of the Tribe and all persons holding
any direct or indirect financial interest in such gaming device supplier.

(m) “Gaming Establishment” means any premises where gaming is
operated or conducted on the Tribe's Reservation, and includes all
buildings, improvements, appurtenances, equipment and facilities used or
maintained in connection with such gaming.

(n) “Gaming Operation” means any business enterprise owned by the
Tribe, the revenues of which are primarily derived from gaming or from
any gaming establishment.

(0) “Gross Revenue”. Gross revenue means the total of all of the
following, less the total of all cash paid out as losses to patrons and any
items made deductible as losses by calculation of gross revenues:

(i) Cash received as winnings;

(ii) Compensation received for
conducting any game in which the
licensee is not a party to a wager.

For the purposes of this definition, cash or the value of non-
cash prizes awarded to patrons in a contest or tournament
are not losses.

The term does not include:

(i) Counterfeit money or tokens;

(ii) Coins of other countries which are received
in gaming devices;

Adopted March 16, 2005 2
Tribal Council Resolution 31-1054


Chapter VI

Appeals
Section 6.01 Petition for Review.

As imposed by the Commissioner, any person found to be in violation of any provision
of this Code or regulation of the Osage Tribal Gaming Commission after hearing, may
seek review of the Commissioner's decision by filing a Petition for Review of the
Commissioner's decision with the District Court of the Osage Tribe within thirty (30)
days of said decision. Failure to file Petition for Review shall make the decision of the
Commissioner final and not subject to further judicial review. Upon receiving notice of
the filing of a Petition for Review, the Commissioner shall, within fifteen (15) days of
receiving notice, file the record of proceeding in its entirety with the Osage District
Court.

Section 6.02 Standard for Review.

Upon hearing of the appeal, the Osage District Court shall give proper deference to the
administrative expertise of the Commissioner. The Osage District Court shall not set
aside, modify, or remand any determination by the Commissioner unless it finds the
termination to be arbitrary and capricious, unsupported by substantial evidence, or
contrary to law.

Section 6.03 Legal Representation.

The Petitioner may be represented by legal counsel in any proceedings or reviews of
the District Court, and the Commissioner shall be represented by the attorney for the
Gaming Commission.

Section 6.04 District Court Decision.

The District Court of the Osage Tribe shall issue a written decision on all appeals. In no
event shall the Court be authorized to award or order payment of damages or to fashion
any remedy against the Commissioner. In the event that the District Court affirms the
decision of the Commissioner or the Osage Tribe, the Court shall award costs and
reasonable attorney fees to the Osage Tribal Gaming Commission with the provision
that any part of the attorneys fee collected shall be paid to the Treasury of the Osage
Tribe.

Section 6.05 Appeal of District Court Decision.

If the Petitioner receives an adverse decision from the District Court, then the Petitioner
may appeal to the Osage Tribal Council within thirty (30) days after the District Court
enters the decision. The appeal shall be limited to the record on appeal. The decision

Adopted March 16, 2005 32
Tribal Council Resolution 31-1054


Section 3.13 Provisional Employment Pending Issuance of License and During
Temporary License Period.

As provided in section 16-4.12, primary management officials and key employees may
be employed in gaming operations prior to the issuance of a license hereunder and
during the period that a license shall be effective on a provisional basis, but such
employment shall be provisional only and subject to the requirements of this section.
Employment may begin prior to issuance of a license only if the Commission has made
a preliminary finding of eligibility for employment in gaming operations, which shall
require a preliminary determination that the primary management official or key
employee in question is not a person whose prior activities, criminal record or
reputation, habits or associations pose a threat to the public interest or to the effective
regulation and control of gaming, or create or enhance the dangers of unsuitable, unfair,
or illegal practices, methods, or activities in the operation of gaming or the carrying on of
the business and financial arrangements incidental thereto. Provisional employment
shall be terminated upon the occurrence of any of the following:

(a) Denial of a relevant license by the Commission;

(b) Unsatisfactory completion of a background investigation or NIGC
review resulting in nullification of a provisional license, as described in
section 16-5.10; or

(c) To the extent required under 25 C.F.R. § 558 and, at the end of 30
days after the starting date of provisional employment, if at the end of
such period no license has. been issued hereunder or if a license issued
hereunder remains effective only on a provisional basis, as provided in
section 16-4.12; provided, however, that provisional employees terminated
for the reason described in this subsection shall be qualified for
reemployment upon the satisfactory completion of background
investigations and NIGC reviews.

Section 3.14 Assignment or Transfer.

No license issued under this chapter may be assigned or transferred unless the
proposed assignee or transferee would independently be qualified to hold the license
proposed to be assigned or transferred and the Commission approves of such
assignment or transfer.

Adopted March 16, 2005 18
Tribal Council Resolution 31-1054


reports, the NIGC 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 submitted an application and all required reports to
the NIGC, the Commission shall reconsider the application, taking into account
the objections itemized by the NIGC. The Commission shall make the final
decision whether to issue a license to such applicant.

Section 4.10 License Revocation and Suspension Following
Receipt of Information from NIGC.

(a) If, after the issuance of a license, the Tribe receives information from the
NIGC indicating that a management entity or controlling shareholder, key
employee, or primary management official is not eligible for employment under
section 16-4.02 of this chapter, the Commission shall suspend such license, shall
notify the licensee in writing of such suspension and the potential revocation of
the licensee's license, and shall conduct a hearing in accordance with the rules
regarding the proposed license revocation.

(b) After a hearing, the Commission shall revoke or reinstate a license
suspended pursuant to subsection (a) of this section. The Commission shall
notify the NIGC of its decision. A decision of the Commission to revoke a license
after the hearing called for by subsection (a) of this section shall be final and
there shall be no appeal. A management entity whose license has been revoked
or suspended pursuant to this section may not operate a gaming operation.

Section 4.11 Show Cause Hearing for Manager and Primary Management
Officials.

Excepting the provisions of section 16-5.10 and notwithstanding the foregoing, in the
event that the Tribal Gaming Commission obtains reliable information that the duly
licensed manager and/or a primary management official may have breached any
provision of this chapter, IGRA, or its license, the Tribal Gaming Commission shall issue
a notice for show cause to the licensee prior to any action of suspension or the giving of
notice of a revocation hearing with respect to its/their licenses. The notice for show
cause shall describe the alleged breach, shall describe the steps necessary to effect a
cure and shall provide the licensee with an opportunity to meet with the Tribal Gaming
Commission to discuss the matter. The discontinuance or correction of the alleged
breach shall constitute a cure thereof, except where such alleged breach constitutes a
criminal violation by the manager or the primary management official. If the alleged
breach is not corrected or discontinued as required herein, then the Tribal Gaming
Commission shall institute the notice and hearing procedure set forth above.

Adopted March 16, 2005 24
Tribal Council Resolution 31-1054


(5) A description of any existing and previous business
relationships with any Native American Indian Tribe including, but
not limited to, a description of the amount and type of ownership
interest in those businesses;

(6) A description of any existing and previous business
telationships with gaming including, but not limited to, a description
of the amount and type of ownership interest in those businesses;

(7) The name and address of any licensing or regulatory agency
with which the person has filed an application for a license or permit
related to any gaming or gambling, whether or not such license or
permit was granted;

(8) For each felony for which there is an ongoing prosecution or
conviction, the charge, the name and address of the court involved,
and the date and disposition, if any;

(9) For each misdemeanor conviction or ongoing misdemeanor
prosecution (excluding minor traffic violations), within ten years of
the date of the application, the name and address of the court
involved and the date and disposition;

(10) For each criminal charge (excluding misdemeanor traffic
charges, but including any DWI, reckless or careless driving
charges), whether or not there is a conviction, if such criminal
charge is within ten years of the date of the application and is not
otherwise listed, the type of criminal charge, the name and address
of the court involved and the date and disposition of such charge;

(11) The name and address of any licensing or regulatory agency
with which the person has filed an application for an occupational
license or permit, whether or not such license or permit was
granted;

(12) A current photograph;

(13) Any other information the Commission deems relevant; and

(14) Fingerprints consistent with the provisions of section 16-4.05.
(b) Background investigations conducted by the Commission must be sufficient
to make the determination described in section 16-5.08(a). In conducting a

background investigation, the Commission or its agents, shall make every
teasonable effort to maintain the confidentiality of the identity of each person

Adopted March 16, 2005 20
Tribal Council Resolution 31-1054


of the Osage Tribal Council shall be final.

Chapter VII

Auditing and Internal Control

Section 7.01 Minimum procedures for control of internal fiscal

affairs.

The Commission shall promulgate rules governing the control of internal fiscal affairs of
all gaming operations. At a minimum, such rules shall require the consistent application
of generally accepted accounting principles, and shall:

(a) Prescribe minimum procedures for the safeguarding of a gaming
operation's assets and revenues, including recording of cash and
evidence of indebtedness, and mandatory count procedures. Such rules
shall establish a controlled environment, accounting system, and control
procedures that safeguard the assets of the gaming operation, ensure that
operating transactions are properly recorded, promote operational
efficiency, and encourage adherence to prescribed policies;

(b) Prescribe minimum reporting requirements to the Commission;

(c) Provide for the adoption and use of internal audits conducted in
accordance with generally accepted accounting principles by internal
auditors licensed or certified to practice public accounting in the State of
Oklahoma;

(d) Formulate a uniform code of accounts and-accounting classifications to
ensure the consistency, comparability and effective disclosure of financial
information. Such a code shall require that records be retained that reflect
statistical drop (amount of cash wagered by patrons), statistical win
(amount of cash won by the gaming operation), and the percentage of
statistical win to statistical drop, or provide similar information for each
type of game in each gaming operation;

(e) Prescribe the intervals at which such information shall be furnished;
(f) Provide for the maintenance of documentation, (i.e., checklists,
programs, reports, etc.), to evidence all internal work performed as it
relates to the requirements of this section; and

(g) Provide that ail financial statements and documentation referred to in
this section be maintained for a minimum of five years.

Adopted March 16, 2005 33
Tribal Council Resolution 31-1054


Section 3.05 Fingerprint Cards Required.

All applicants for a license are required to submit fingerprint cards. The Tribal Gaming
Commission is hereby identified as the enforcement agency to take fingerprints.
Pursuant to 25 C.F.R. § 522.2(h), the Commission shall forward an applicant's
fingerprint cards to the NIGC to be processed by the Federal Bureau of Investigation
National Criminal Information Center. The Commission may submit an applicant's
fingerprint card to any additional Tribal, local or state criminal history check system or
center as the Commission or the Executive Director deem necessary or appropriate.
Reports obtained from such fingerprint processing shall be incorporated into the
applicant's personnel file.

Section 3.06 Withdrawal of Application.

An application may not be withdrawn without the permission of the Commission. An
applicant may request to withdraw an application by submitting to the Commission a
written request for withdrawal. The Commission retains the right, in its sole discretion, to
grant or deny a request for withdrawal.

Section 3.07 Continuing Duty to Provide Information.

Applicants and licensees shall have a continuing duty to provide any materials,
assistance or other information required by the Commission, and to fully cooperate in
any investigation conducted by or on behalf of the Commission. If any information
provided on the application changes or becomes inaccurate in any way, the applicant or
licensee shall promptly notify the Commission of such changes or inaccuracies.

Section 3.08 Term of License; License Fees; Parameters of
License.

(a) Licenses, except provisional licenses (see section 4.12 provisional license),
shall be for a term of one year, and shall expire on the anniversary of the
effective date of such licenses.

(b) _ In order for the Tribe to recover the costs of complying
with federal, Tribal, and state regulatory processes applicable to Class II and
Class Ill Gaming, annual license fees shall be imposed:

(1) In the amount of $7,500.00 annually on each
party, other than the Tribe, to a management contract;

(2) On any persons required to obtain a license,
in accordance with a fee schedule to be established by the
Commission; and

(3) In addition to the license fees imposed pursuant to subsection

Adopted March 16, 2005 15
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(b) The Tribal Council hereby finds and declares it to be the public
policy of the Tribe that:

(1) Regulation of licensed gaming is important in order that
licensed gaming is conducted honestly and that gaming is
free from criminal and corruptive elements.

(2) Public confidence and trust can only be maintained by
strict regulation of all persons, locations, practices,
associations and activities related to the operation of
licensed gaming establishments and the manufacture or
distribution of Gaming Devices.

(3) All management entities or controlling shareholders,
primary management officials, key employees, gaming
establishments and suppliers of gaming goods and services
must therefore be licensed and controlled to protect the
public health, safety, morals, good order and general
welfare of the Tribe.

Section 1.04 Class Il and Class III Gaming Authorized.

Class II and Class III Gaming is hereby authorized to be conducted on the Tribe's Indian
land's; provided, however, that such Gaming shall be conducted only in accordance
with the provisions of this chapter, the rules, and IGRA.

Section 1.05 Location of Gaming.

The Commission shall ensure that such gaming as it authorizes and licenses pursuant
to this chapter is conducted on the Tribe's Indian lands..

Section 1.06 Ownership of Gaming.

The Tribe shall have the sole proprietary interest in any gaming operation authorized by
this chapter. The Tribe shall receive, at a minimum, not less than 60 percent of the net
revenues from any gaming operation.

Section 1.07 Use of Gaming Revenue.

Net revenues from any form of gaming authorized under this chapter shall be used only
for the following purposes: to fund Tribal government operations and programs; to
provide for the general welfare of the Tribe and its members; to promote Tribal
economic development; to make donations to charitable organizations or to help fund
operations of local government agent.

Adopted March 16, 2005 7
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(i) The Commission, in its discretion, has the power to sequester witnesses.
Section 5.10 Evidence.

(a) In hearings governed by this article, the Commission shall not be bound by
technical rules relating to evidence and witnesses. The Commission shall admit
all testimony having reasonable probative value, but shall exclude immaterial,
irrelevant or unduly repetitious testimony. The Commission shall give effect to the
tules of privilege unless such privilege is waived. Basic principles of relevancy,
materiality and probative force shall govern the proof of all questions of fact.
Objections to evidentiary offers and offers of proof of evidence not admitted may
be made and shall be noted in the record.

(b) All evidence, including records and documents in the possession of the
Commission or which the Commission desires to avail itself, shall be duly offered
and made a part of the record in the case. Every party shall be afforded
adequate opportunity to rebut or offer countervailing evidence.

(c) The Commission may take official notice of any generally recognized fact or
any established technical or scientific fact, but parties shall be notified either
before or during the hearing or by full reference in preliminary reports or
otherise, of the facts so noticed, and they shall be afforded an opportunity to
contest the validity of the official notice.

(d) Documentary evidence may be received in the form of copies or excerpts, if
the original is not readily available. Upon request, parties shall be given an
opportunity to compare the copy to the original.

(€) The record in a hearing governed by these rules shall include:

: (1) All applications, intermediate rulings and exhibits and
appendices thereto.

(2) Evidence received or considered, stipulations and admissions,
including but not limited to confidential evidence received pursuant
to section 16-6.07 of this chapter.

(3) A statement of matters officially noticed.

(4) Questions and offers of proof, objections, and rulings thereon.

(5) Any decision, opinion, findings or report by the Commission.

(6) The transcript prepared by a duly certified court reporter.

Adopted March 16, 2005 30
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Section 5.06 Discovery procedures for enforcement hearings.

(a) The Commission's legal counsel and the licensee shall exchange a list of
persons that each party intends to call as witnesses no later than five business
days before a scheduled enforcement hearing. The day the list is received shall
be considered a full day's notice under this section. Each witness shall be
identified by name, if known, position, and business address. If no business
address is available, a home address for the witness shall be provided. Any
witness not identified in accordance with this section may be prohibited from
testifying at a hearing in the Commission's discretion.

(b) The Commission's legal counsel and the licensee shall exchange a copy of all
documents or tangible things that they intend to offer as evidence in support of
the party's case in chief. This exchange shall be made to the opposing party no
later than five business days before a scheduled enforcement hearing. The day
the documents are received shall be considered a full day's notice under this
section. Failure to make available any document or tangible thing in accordance
with this section may, in the Commission's discretion, be grounds to deny the
admission into evidence of such document or tangible thing.

Section 5.07 Confidential materials.

(a) Prior to making any documents available to the Commission's legal counsel
or designated agent, the applicant or licensee may designate any document it
believes to contain confidential information as subject to a confidentiality claim by
so marking the document prior to providing a copy of the document to the
Commission's legal counsel.

(b) Documents provided to the Commission's legal counsel or designated agent
which have been marked in accordance with paragraph (a) above, and any
nonpublic information contained within the document, shall not be made a part of
the public record of the Commission proceedings otherwise disclosed by the
Commission to any person (except as may be required under any applicable law,
rule, regulation, court or administrative order, or the compact), without first
providing the applicant or licensee with the opportunity to seek a ruling by the
Commission that the document or nonpublic information contained therein should
not be made public. The request for such a ruling and any discussions relating to
the document shall be heard and ruled upon by the Commission in an executive
session meeting. If the request for such a ruling is made during a public hearing
session, the hearing session shall be adjourned and Commission shall conduct
an executive session meeting in order to hear and rule upon the applicant's or
tespondent's request. The applicant or licensee may present to the Commission
in executive session written and oral argument regarding the confidentiality claim,
along with any facts the applicant or licensee believes to be relevant to such
argument.

Adopted March 16, 2005 27
Tribal Council Resolution 31-1054


including persons with access to cash
and records for such devices;

(b) If not otherwise included, any other person
whose total cash compensation from
employment in any gaming operation exceed
$50,000.00 per year;

(c) If not otherwise included, the four most
highly compensated persons in any gaming
operation; or

(d) Any other employee of any gaming
operation that the commission designates by
its Rules as a Key Employee.

(q) “License” means any authorization granted by the Commission,
pursuant to this chapter, to any person which is required for such person
to perform certain acts or engage in certain activities. The issuance of a
license shall not create a property or liberty interest in such license for the
benefit of the licensee.

(r) “Licensee” means any person who has been issued a valid and current
license pursuant to the provisions of this chapter.

(s) “Management Contract” means any contract, agreement or other
document, including all collateral agreements, establishing a relationship
between the Tribal government and any person, pursuant to which such
person has managerial responsibilities in or for any gaming operation.

(t) “Management Entity or Controlling Shareholder” means:

(a) Any person having a direct financial interest in any
management contract, including those persons who own five
percent or more of any management entity's outstanding
capital stock;

(b) When a trust is a party to a management contract, any
beneficiary or trustee of such trust;

(c) When a partnership is a party to a management contract,
any partner, general or limited, in such partnership;

(d) When a corporation is a party to a management contract,
any person who is an officer or director of such corporation,
or who holds five percent or more of the issued and

Adopted March 16, 2005 4
Tribal Council Resolution 31-1054


(ii) Cash taken in fraudulent acts perpetrated
against a licensee for which the licensee is not
reimbursed; or

(iv) Cash received as entry fees for contests or
tournaments in which the patrons compete for
prizes.

Calculation of Gross Revenues. Certain expenses are not
deductible. \
(1) In calculating gross revenue, any prizes,
premiums, drawings, benefits or tickets which are
redeemable for money or merchandise or other
promotional allowance, except money or tokens
paid at face value directly to a patron as the
result of a specific wager and the amount of cash
paid to purchase an annuity to fund winnings
must not be deducted as losses from winnings.

(2) In calculating gross revenue from gaming
devices, the actual cost to the licensee of any
personal property distributed to a patron as the
result of a legitimate wager may be deducted as
a loss, but not travel expenses, food,
refreshments, lodging or services. For the
purposes of this section, “as the result of a
legitimate wager” means that the patron must
make a wager prior to receiving the personal
property, regardless of whether the receipt of the
personal property is dependent on the outcome
of the wager.

(p) “Key Employee” means:

1. a person who performs one or more of the
following functions:

(1) Count room supervisor

(2) Chief of Security

(8) Custodian of gaming supplies or cash,

(4) Floor manager

(5) Custodian of gambling terminals or
other devices operated by the
management of any Gaming Operation,

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Tribal Council Resolution 31-1054


(b)(1) and (2) of this section, the Commission may impose such
fees on licensees as are reasonably related to costs of
enforcement, including investigations and proceedings before the
Commission, and which will in the aggregate be sufficient to enable
the Tribe and the Commission to recover its reasonable costs of
enforcing this chapter. Such costs may be estimated by the
Commission and imposed prior to a final Commission action
regarding a particular licensee or applicant.

(c) Violations of any provision of this chapter or the rules, or relevant license
provisions, by a licensee shall be deemed contrary to the public health, safety,
morals, good order and general welfare of the Tribe and the inhabitants of the
Reservation, and shall be deemed grounds for refusing to grant or renew a
license, suspension or revocation of a license. Acceptance of a license, or
renewal thereof by a licensee, constitutes an agreement on the part of the
licensee to be bound by the provisions of this chapter and the rules as they are
now, or as they may hereafter be amended or restated, and to cooperate fully
with the Commission. It is the responsibility of the licensee to remain informed of
the contents of this chapter, the rules and all other applicable regulations,
amendments, provisions, and conditions, and ignorance thereof will not excuse
violations. A license issued hereunder is a privilege license and no right shall
attach thereto.

Section 3.09 Conditions of License.

All licensees shall comply with such reasonable conditions as may be fixed by the
Commission including, but not limited to, the following conditions:

(a) Facility licensees-

(1) The licensee shall at all times maintain an orderly, clean and
neat gaming establishment, both inside and outside the premises of
the gaming establishment;

(2) The gaming establishment shall be subject to patrol by the
Tribe's security and law enforcement personnel and, when
authorized, local and state law enforcement, and the licensee shall
cooperate at all times with such security and law enforcement
Officials;

(3) The gaming establishment shall be open to inspection by
authorized Tribal officials at all times during business hours;

(4) There shall be no discrimination in any gaming operations by
reason of race, color, sex or creed; provided, however, that nothing

‘Adopted March 16, 2005 16
Tribal Council Resolution 31-1054


(i) To hire and fire employees of a gaming
operation; or

(ii) To establish working policy for a gaming
operation;

(c) The chief financial officer or other person who has
financial management responsibility for any gaming
operation;

(d) Any person who is considered a controlling shareholder;
or

(e) Any person the Commission designates by Commission
tules as a primary management official.

(dd) “Rules” means any rules governing the conduct of games or the
control of internal fiscal affairs of gaming operations as may be
promulgated by the Commission established pursuant to this chapter.

(ee) “Secretary” means the Secretary of the United States Department of
the Interior.

(ff) “Tribe” means, and “Tribal” shall refer to, the Osage Tribe.

Chapter |
Purpose, Public Policy, Applicability and Authorizations
This chapter shall be known and may be cited as the “Osage Tribal Gaming Ordinance.”
Section 1.01 Short Title.
This Ordinance shall be known and cited as the “Osage Tribal Gaming Ordinance.”
Section 1.02 Purpose.

The Tribal Council of the Osage Indians enacts this chapter in order to regulate all
forms of gaming on the Tribe’s Indian lands.

Section 1.03 Public Policy.

(a) All gaming which is conducted within the Tribe’s Indian lands and
which is otherwise authorized by law shall be regulated and licensed
pursuant to the provisions of this Ordinance.

Adopted March 16, 2005 6
Tribal Council Resolution 31-1054


Licensees and applicants shall be legally responsible for any violation of this chapter,
any relevant license provisions, the rules, or IGRA. Any license issued hereunder may
be canceled, limited, revoked, suspended, terminated or modified by the Commission,
after a hearing as provided in article VI, for the breach of any of the provisions of the
license, this chapter, or rules. In addition:

(a) Unless otherwise stated in this chapter or the rules, a licensee's
attorney has the right to be present and to participate in any proceeding
concerning the cancellation, limitation, revocation, suspension, termination
or modification of a license;

(b) A license may be summarily suspended, without a prior hearing, only
upon notice to that effect from the NIGC; and

(c) All decisions of the Commission regarding the cancellation, limitation,
revocation, suspension, termination or modification of licenses shall be
final, unless appealed as provided in article VI of this chapter. No gaming
shall be conducted by the licensee after cancellation, even during the
pendency of an appeal.

Section 4.08 Eligibility Determination and Procedures for Forwarding
Applications and Reports for Key Employees and Primary Management Officials
to the National Indian Gaming Commission.

(a) The Commission shall review an applicant's prior activities, criminal record,
reputation, habits and associations to make a finding concerning the eligibility of
a key employee or primary management official for employment in a gaming
operation. If the Commission determines that employment of the person poses a
threat to the public interest or to the effective regulation of gaming, or creates or
enhances dangers of unsuitable, unfair, or illegal practices and methods and
activities in the conduct of gaming, the gaming operation shall not employ that
person.

(b) When a key employee or primary management official commences work at a
gaming operation, the Commission shall within a reasonable period of time
forward to the NIGC a completed application for employment for such key
employee or primary management official, and shall conduct all necessary
background investigations. The Commission shall make the eligibility
determination referred to in subsection (a) of this section.

(c) A report shall be submitted to the NIGC within 60 days after a key employee
or primary management official commences work at a gaming operation or within
60 days of the approval of this chapter by the Chairman. Such report shall, ata
minimum, include all of the following:

Adopted March 16, 2005 22
Tribal Council Resolution 31-1054


WAY 27 200

Osage Tribal Gaming Commission -
128 E. 6" Street
Pawhuska, OK 74056

Dear Osage Tribal Gaming Commission:

This letter responds to the Osage Nation’s request to the National Indian Gaming
Commission (NIGC) to review and approve the Revised Gaming Ordinance of the Osage
Tribe of Oklahoma. The Osage Tribal Council approved the Ordinance by Resolution
No. 31-1125, on May 18, 2005. This letter constitutes such approval under the Indian
Gaming Regulatory Act (IGRA). It is important to note that the gaming ordinance is
approved for gaming only on Indian lands, as defined in the IGRA, over which the Tribe
has jurisdiction.

Thank you for submitting the ordinance for review and approval. The NIGC staff

and I look forward to working with you and the Osage Nation on future gaming issues.

Sincerely yours,

/ol

Philip N. Hogen.
Chairman

cc: Elizabeth Homer, Esq.


Section 2.04 Removal from Office.

(a) The Commissioner may be removed from office prior to the end of any term
for one or more of the following causes, as set forth in a written Petition and
proved by a preponderance of the evidence in the hearing provided for in
Paragraph 3 of this subsection:

(1) Dishonesty, gross misconduct, or incompetence in
office;

(2) Conviction of a felony or any crime involving dishonesty
under federal, state, or tribal law;

(3) Directly or indirectly engaging in a activities or
transactions constituting a conflict of interest under the laws
of the Osage Tribe or any other applicable laws, rules, or
regulations;

(4) Being employed by the Osage Tribe or by any other
board or authority of the Osage Tribe;

(b) A Petition for removal hereunder may only be filed by the Principal Chief or by
a majority vote of the Osage Tribal Council.

(c) The Commissioner accused of any of the foregoing causes shall
be given a copy of the Petition charging him or her and afforded the
right to respond to the charges and present witnesses and other
evidence in his or her defense at a hearing convened by the Tribal
Council. The Petition shall state the cause or causes for removal
with sufficient particularity to put the Commissioner on notice of the
nature of the charges against him or her. Both the Petitioner and
Commissioner so accused shall have the right to be represented by
an attorney at the hearing, provided that the Commissioner shall be
responsible for paying his or her own attorneys fees and other
expenses in defending the Petition. The Tribal Council shall
preside over the removal hearing and receive the evidence.
Removal of the Commissioner shall require a majority vote of the
Tribal Council. The decision of the Tribal Council shall be final and
binding on the Osage Tribe and the Commissioner, and shall not be
subject to judicial review.

Section 2.05 Duties.

The Commissioner shall be charged with the responsibility of administering an enforcing
the provisions of this Code. It shall be the responsibility of the Commission to

Adopted March 16, 2005 9
Tribal Council Resolution 31-1054


Section 1.08 Unauthorized Gaming.

Any person who commits any act of unauthorized gaming on the Tribe’s Indian lands
and shall be guilty of a crime and shall be prosecuted in Tribal Court or any other
court of competent jurisdiction.

Section 1.09 Conduct of Games.

All gaming shall be conducted by persons duly licensed by the Commission. No person
licensed by the Commission shall engage in, conduct or condone any gaming that is not
conducted in accordance with such rules governing the conduct of games as may be
promulgated by the Commission under this chapter.

Section 1.10 Applicability of Ordinance.

All provisions of this chapter shall apply to Class II and Class II! Gaming including, but
not limited to, all licensing and background investigation procedures.

Chapter II

Establishment, Administration and Powers of Commission

Section 2.01 Gaming Commission Established.

In order to provide for the orderly development, administration, and regulation of gaming
activities within the jurisdiction for the Osage Tribe, there is established the Osage
Tribal Gaming Commission which shall consist of one (1) Public Officer, the Gaming
Commissioner, and staff necessary to carry out the provisions of this Code, and any
regulations promulgated thereunder.

Section 2.02 Appointment and Term of Commissioner.

The Principal Chief shall nominate a member of the Osage Tribe to serve as the
Commissioner, subject to confirmation by Tribal Resolution. The Commissioner's term
will be for a period of three (3) years, from the date of confirmation.

Section 2.03 Outside Employment and Activities of Commissioner.

The Commissioner may not hold other tribal positions. The Commissioner may be
engaged in business, provided, however, that the Commissioner shall not engage in
any business which is subject to provisions of this Code or which has commerce with
any licensee under this Code. The Commissioner shall post a bond with the Osage
Tribe in the amount of One Hundred Thousand Dollars ($100,000.00). Such bond shall
be funded from the fund appropriated to the Osage Tribal Gaming Commission.

Adopted March 16, 2005 8
Tribal Council Resolution 31-1054


Section 11.11 Agent For Service of Process.

The Commission Chairman shall be designated agent for service of process for the
Tribal Gaming Commission of the Osage Tribe. The Chairman shall promptly report any
such service to the Commission, and shall promptly provide the Commission with a
copy of any complaints or other documents served.

Section 11.12 Consent to Jurisdiction.

Any person who applies for a license under this chapter, applies for employment in any
gaming establishment, enters into any contract or agreement related to gaming, or
participates in any gaming on the Reservation, shall be deemed to consent to the civil
jurisdiction of the Tribe, the Commission and the Tribal Court. Nothing in this section
shall limit the jurisdiction of the Tribe, the Commission or the Tribal Court under any
circumstances not explicitly contemplated in the section.

Section 11.13 Comity and Concurrent Jurisdiction.

The Commission is empowered to seek comity and enforcement of the orders of the
Commission by the courts of any other jurisdiction whose assistance may be required to
give effect to the orders of the Commission. The Commission is also empowered to
issue orders to enforce the lawful orders of other gaming regulatory agencies and the
courts of foreign jurisdictions.

Section 11.14 Other Powers of the Commission.

In addition to and in conjunction with the powers and responsibilities listed in this
chapter, rules and other applicable laws and regulations the Commission shall have
power to:

(a) Issue orders of temporary closure of gaming activities for violations of
this gaming ordinance or of contractual obligations to the Tribe, the IGRA
or orders of permanent closure of gaming activities for violations of this

chapter, Tribal gaming regulations or contractual obligations to the Tribe;

(b) Initiate civil and criminal actions in court to enforce provisions of this
chapter, Tribal gaming regulations or the IGRA;

(c) Negotiate and approve management agreements for Class II and
Class Ill Gaming to be submitted to the Tribal Council for approval by
Tribal Council resolution;

(d) Approve, deny or revoke gaming licenses for Class II or Class lil
Gaming;

(e) Monitor all gaming activities conducted on Osage Tribal Trust lands on

Adopted March 16, 2005 41
Tribal Council Resolution 31-1054


Section 5.09 Hearing procedures.

(a) The Chair of the Commission shall preside over all hearings, and shall call the
proceedings to order, control the presentation of evidence, the appearance of
witnesses, and the order of the proceedings.

(b) The Commission may require any person including, but not limited to, any
applicant or licensee, or any agent, employee or representative of any applicant
or licensee, to appear and testify before it with regard to any matter within its
jurisdiction at such time and place as it may designate. Such testimony shall be
under oath and may include any matters which the Commission deems relevant
to the discharge of the Commission's official duties. Testimony shall be recorded
by a duly certified court reporter and may be used by the Commission as
evidence in any proceeding or matter before the Commission. Failure to appear
and testify fully at the time and place designated shall result in sanctions. Failure
to appear may constitute grounds for:

(1) The refusal to grant a license to the person summoned, and /or
that person's principal, or employer;

(2) The revocation or suspension of a license held by the person
summoned, and/or that person's principal, or employer; or

(3) The inference that the testimony of the person summoned
would have been adverse to that person and/or that person's
principal or employer.

(c) Any party to the hearing may call and examine witnesses. The Commission
shall exercise its discretion to limit the testimony of witnesses where that
testimony is argumentative or repetitive.

(d) The Commission shall have the authority to eject from the hearings any
person who is disruptive, disorderly, or who shows a lack of proper respect for
the Commission or the nature of the proceedings.

(e) Persons shall be permitted to speak only when recognized by the Chair.

(f) Any member of the Commission may ask questions of witnesses, and may
fequest or allow additional evidence at any time.

(g) Any party to the hearing may conduct cross examinations reasonably
required for a full and true disclosure of the facts.

(h) All hearings held under this chapter shall be open to the public.

Adopted March 16, 2005 29
Tribal Council Resolution 31-1054


(c) In determining whether a document marked in accordance with subsection (a)
above should be made part of the public record of the Commission proceedings
on the application, the Commission will balance the applicant's claimed
confidentiality concerns against the materiality of the information to the
application, the public's right to be made aware of the information, and the
Commission's need to make the information part of the public record in order to
remain fully accountable for the licensing decision. In making this determination,
the Commission shall consider all facts and circumstances relevant to making a
proper ruling.

(d) In the event that the Commission rules during executive session that the
document in question and/or information contained therein should be made part
of the public record of the Commission's proceedings on the application, the
document and/or information contained therein will be made part of the public
record unless the applicant withdraws the document from the Commission's
possession. In the event the applicant chooses to withdraw the document from
the Commission's possession, the Commission will then weigh the withdrawal
along with the other evidence in making its determination on the application.
Withdrawal of documents from the application process shall be looked upon by
the Commission with disfavor, and, depending on the facts and circumstances,
the Commission may deem the withdrawal of any document to be sufficient
cause in and of itself for denial of the license.

(e) In the event that the Commission rules during executive session that the
document and/or information contained therein should not be made part of the
public record, the document shall be designated "Confidential" and will not be
made part of the public record. The Commission may consider the document and
information contained therein in camera in making its determination on the
application.

(f) At the conclusion of the Commission proceedings on the license application,
the Commission will return to the applicant all documents marked as "Subject to
a Confidentiality Claim" pursuant to paragraph (c) above that were not (i) made
part of the public record of the gaming license application or (ii) designated as
"Confidential" and considered by the Commission in camera.

Section 5.08 Subpoenas.

(a) The Commission has the power and discretion to issue subpoenas and to
impose such reasonable penalties for noncompliance.

(b) Subpoenas may be issued to compel any person to appear at the hearing on
the merits of the case, to give oral testimony, or to produce documents or other
tangible things.

Adopted March 16, 2005 28
Tribal Council Resolution 31-1054


outstanding capital stock of such corporation, either alone or
in combination with a spouse, parent, child or sibling; or

(e) With respect to any non-natural person with an interest in
a trust, partnership or corporation that has an interest in a
management contract, all beneficiaries, trustees, partners, or
directors of, and five percent stockholders of, such non-
natural person.

(u) “Management Fee” means any monies paid from gaming revenue to
any person pursuant to an NIGC approved contract to operate a gaming
establishment. Such term shall not include monies paid for the operating
expenses of such gaming establishment.

(v) “Net Revenue” means gross revenues of an Indian gaming activity
less amounts paid out as, or paid for, prizes and total operating expenses,
excluding management fees.

(w) ‘NIGC” means the National Indian Gaming Commission.

(x) “Non Gaming Revenue” means gross revenue that is generated from
any non-gaming operations

(y) “Qperating Expense” means any expense 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, consistently applied, is so treated.

(z) “Ordinance” means this chapter which is the Tribal Gaming Ordinance
of the Osage Indians, as amended from time to time, and any rules
promulgated under this chapter.

(aa) “Patron” means any person who participates in gaming, or who is
physically present on premises wherein or whereon gaming is conducted.

(bb) “Person” means any association, partnership, corporation, firm, trust
or other form of business association or entity, as well as a natural person.

(cc) “Primary Management Officials” means:

(a) The person(s) having management responsibility over all
or any part of any gaming operation;

(b) Any person who has authority:

Adopted March 16, 2005 5
Tribal Council Resolution 31-1054


Chapter IV

Background Investigations and License Decisions

Section 4.01 Required Background Investigations.

Background investigations shall be conducted by the Commission, or other agent
retained by the Commission, under the supervision and direction of the Commission, on
all persons specified in section 16-4.01 of this chapter.

Section 4.02 Standards for Background Investigations.

All background investigations shall be conducted to ensure that gaming operations shall
not employ or contract with persons whose prior activities, or reputation, habits and
associations pose a threat to the public interest or to the effective regulation of gaming,
or create or enhance the dangers of unsuitable, unfair or illegal practices and methods
and activities in the conduct of such gaming. Such investigations shall be conducted
according to requirements at least as stringent as those set forth at 25 C.F.R. §§ 556
and 558, and this article. Background investigations shall be conducted in a manner
which takes all reasonable steps to ensure the confidentiality of the information
generated by the investigation as well as that submitted by the applicants. Any willful or
careless breach of this requirement may result in a penalty ranging from censure,
suspension removal from office and a fine of up to $5,000.00. The Commission shall
have jurisdiction to hear and decide upon any such claims.

Section 4.03 Information Required for Background Investigations.

(a) Each person subject to a background investigation under section 16-5.01 of
this chapter shall be required to provide, subject to the Privacy Act of 1974, ata
by the Commission or the Executive Director, all of the following information:

(1) Full name, other names used, social security number(s), birth
date, place of birth, citizenship, gender, all languages (spoken or
written);

(2) Currently and for the previous ten years, all business and
employment positions held, ownership interests in those
businesses, business and residence addresses, and driver's
license numbers;

(3) The names and current addresses of at least three personal
references, including one personal reference who was acquainted
with the applicant during each period of residence listed under
subsection (a)(2) of this section;

(4) Current business and residence telephone numbers;

Adopted March 16, 2005 19
Tribal Council Resolution 31-1054


such action.

Chapter IX
Prohibited Acts

Section 9.01 Enumeration.

In addition to other civil and criminal acts that may be regulated or prohibited by this
chapter other Tribal law or applicable federal law, the following shall constitute
prohibited activities and unauthorized gaming under this chapter and shall subject any
perpetrator to Commission action including, but not limited to, the imposition of civil
penalties, referral to appropriate law enforcement authorities for criminal proceedings,
and license suspension or revocation:

(a) Altering or misrepresenting the outcome of gaming or other event on
which wagers have been made after the outcome of such gaming or event
has been determined but before such outcome is revealed to the players;

(b) Placing or increasing a bet or wager after acquiring knowledge of the
outcome of the gaming or event which is the subject of the bet or wager,
including past-posting and pressing bets;

(c) Aiding anyone in acquiring such knowledge referred to in subsection
(b) of this section for the purposes of increasing or decreasing any bet or
wager, or for the purpose of determining the course of play;

(d) Claiming, collecting or taking, or attempting to claim, collect or take,
money or anything of value in or from a game with intent to defraud or
claiming, collecting or taking an amount greater than the amount actually
won in such game;

(e) Knowingly to entice or induce another to go to any place where gaming
is conducted or operated in violation of the provisions of this chapter, with
the intent that the other person play or participate in such gaming;

(f) Reducing the amount wagered or canceling a wager after acquiring
knowledge of the outcome of the game or other event which is the subject
of the bet or wager, including pinching bets;

(g) Manipulating, with intent to cheat or defraud, any component or part of
a game in a manner contrary to the designed and normal operational
purpose for such component or part, with knowledge that such
manipulation will affect the outcome of the game, or with knowledge of any
event that affects the outcome of the game;

Adopted March 16, 2005 36
Tribal Council Resolution 31-1054


(h) Defrauding the Tribe, any licensee or any participant in any gaming;
(i) Participating in any gaming not authorized under this Ordinance;

(@) Knowingly providing false information or making any false statement
with respect to an application for employment or for any license,
certification or determination provided for in this chapter;

(k) Knowingly providing false or misleading information or making any
false or misleading statement to the Tribe, the Commission or the
Executive Director in connection with any contract for services or property
telated to gaming;

(I) Knowingly making any false or misleading statement in response to any
Official inquiry by the Commission or its agents;

(m) Offering or attempting to offer any thing of value, to a licensee in an
attempt to induce the licensee to act or refrain from acting in a manner
contrary to the official duties of the licensee under this chapter, the rules,
Tribal and Federal law or IGRA;

(n) Acceptance by a licensee of any thing of value with the expectation
that receipt of such thing of value is intended, or may be perceived as
intended, to induce the licensee to act or refrain from acting, in a manner
contrary to the official duties of the licensee under this chapter, the rules,
Tribal and Federal law or IGRA;

(0) Falsifying, destroying, erasing or altering any books, computer data,
records, or other information relating to a gaming operation in ways other
than is provided in approved internal control procedures;

(p) Taking any action which interferes with or prevents the Commission or
the Council from fulfilling its duties and responsibilities under this chapter,
the rules, or IGRA; and

(q) Entering into any contract, or making payment on any contract for the
delivery of goods or services to a gaming operation, when such contract
fails to provide for or result in the delivery of goods or services of fair value
for the payment made or contemplated.

Section 9.02 Prohibition Against Electronic Aids.

Except as specifically permitted by the Commission, no person shall possess, with the
intent to use in connection with gaming, either individually, or in concert with others, any
calculator, computer, or other electronic or mechanical device to assist in projecting the

Adopted March 16, 2005 37
Tribal Council Resolution 31-1054


Chapter V
Rules of Procedure for Hearings

Section 5.01 Scope of Rules of Procedure.

All license hearings, enforcement hearings and exclusion hearings conducted pursuant
to this chapter shall be governed by this article.

Section 5.02 Hearings.

(a) The Commission shall afford an applicant an opportunity for a hearing prior to
any final action by the Commission on an application, other than an unconditional
grant of a license.

(b) The Commission shall afford a licensee the opportunity for a hearing prior to
taking final action resulting in the revocation of the license or the imposition of
any penalties which the Commission is authorized to impose pursuant to these
rules and the chapter.

(c) Nothing in this section shall limit the Commission's authority to summarily
suspend or revoke a license without a hearing pursuant to section 16-5.07(b) of
this chapter.

Section 5.03 Notice of Hearing.

(a) The Commission shall provide written notice to the applicant or licensee of
the hearing at least seven days prior to the date set for the hearing. The day the
applicant or licensee receives the notice shall be considered a full day's notice
under this section. The notice shall be sent by registered or certified mail, or may
be personally served upon the applicant or licensee. The notice shall state the
date, time and place of the hearing. The notice shall also contain an indication of
the actions being considered by the Commission including, but not limited to:

(1) Whether the Commission is holding the hearing for the purpose
of obtaining further information from the applicant;

(2) Whether the Commission will be considering the grant or denial
of the license application;

(3) Whether the Commission will be examining any alleged
violations of the chapter, the IGRA, the conditions of any license
issued by the Commission, any order by the Commission, or any
other applicable laws, regulations or agreements; or

(4) Whether any other sanctions or penalties will be considered.

Adopted March 16, 2005 25
Tribal Council Resolution 31-1054


Revised Gaming Ordinance

Of the Osage Tribe of Oklahoma

Definitions

Definitions. Unless a different meaning is set forth below, the terms used in this
chapter shall have the same meaning as defined in the Indian Gaming Regulatory Act,
Public Law 100-497, 102 Stat. 2467 (Oct. 17, 1988), 25 U.S.C. 2701 et seq. (IGRA).

(a) “Applicant” means any person, partnership, corporation, joint venture
or other entity applying for, or requesting renewal of, any license
described in or required by this chapter.

(b) “Application” means a request for the issuance or renewal of a
license described in or required by this chapter.

(c) Council or Tribal Council” means the Osage Tribal Council of the
Osage Tribe.

(d) “Chairman” means the Chairman of the National Indian Gaming
Commission defined at 25 U.S.C. 2703(2).

(e) “Class Il Gaming” means Class || Gaming as defined at 25 U.S.C.
2703(7)(A), and any regulations promulgated there under.

(f) “Class Ill gaming” means Class II| Gaming as defined at 25 U.S.C.
2703(8), and any regulations promulgated there under.

(g) “Commission” means the Office of the Commissioner of the Osage
Tribal Gaming Commission and its employees.

(h) “Commissioner” means the Public Officer appointed and confirmed
by the Osage Tribal Council to carry out the duties of the Gaming
Ordinance of the Osage Tribe of Indians, or as authorized by any other
gaming ordinances, resolutions, or laws enacted by the Osage Tribal
Council.

(i) “Fiscal Year” means the period beginning at.12:01 a.m. on October 1
of each year and ending at midnight, September 30 of the following year.

Adopted March 16, 2005 1
Tribal Council Resolution 31-1054


a continuing basis;

(f) Ensure that background investigations are conducted as required by
this chapter and the IGRA as well as conduct such additional
investigations as the Commission may deem necessary;

(g) Demand access to and inspect, examine, copy and audit all papers,
books and records concerning activities and revenues of any gaming
activity conducted on Osage Trust lands and any other matters necessary
to carry out their duties under this chapter;

(h) 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 witnesses to appear at such
hearings;

(i) When information is received through audits or other investigations that
indicates a violation of Tribal, federal or applicable state ordinances, laws
or regulations, to treat as confidential and provide such information to the
appropriate law enforcement officials;

(j) Adopt regulations deemed necessary to clarify or enforce provision of
this chapter or Tribal rights and interests established in approved
management agreements; and

(k) Adopt an Osage Tribal Class II and Class IIl Gaming license
application.

Section 11.15 Enforcement Provisions.

(a) All matters and occurrences which indicate that a criminal act under the Tribal
Code, federal law or state law may have occurred in or around any gaming
establishment shall be immediately reported to the appropriate law enforcement
agency and the Commission.

(b) All matters and occurrences contrary to this chapter, rules or regulations
promulgated by the Commission which are not covered under a criminal code
shall be deemed to be a civil violation. The Commission is hereby authorized to
establish a civil violations list of penalties and fines which shall be imposed by
the Commission for all such civil violations with the violator afforded the rights to
a hearing as provided in article VI herein.

ARTICLE XIll. RESERVED*

Section 13.01-18.01 Reserved.

Adopted March 16, 2005 42
Tribal Council Resolution 31-1054


(4) Suppliers or vendors of gaming goods and services. Any
person who is a supplier of gaming goods and services must
comply with the same licensing requirements as if such person
were a primary management official; however, if any supplier is a
non-natural person, such supplier shall be subject to management
entity licensing procedures; and

(5) Non-gaming revenue vendors.

(6) Any other employee or class of employees as
determined by Commission Rules.

(b) Gaming Establishments. Each place, facility, or location where gaming is
conducted must obtain a separate facility license from the Commission.

Section 3.02 Standard for License.

Licenses issued hereunder shall be issued according to requirements at least as
stringent as those set forth at 25 C.F.R. §§ 556 and 558, and any amendments
thereto.

Section 3.03 Application for License.

(a) No license shall be issued under this chapter except upon a sworn
application filed with the Commission, in such form as may be prescribed by the
Commission, containing a full and complete showing, at a minimum, of the
following:

(1) Satisfactory proof that the applicant is of good character and
reputation, and is financially responsible;

(2) If applicable, a complete description of the premises at which gaming
will be conducted;

(3) Agreement by the applicant to abide by all conditions of the license,
this chapter, the rules, and IGRA;

(4) A separately sworn statement that the applicant has never been
convicted of, or entered a plea of guilty or no contest to, any of the
following criminal offenses:

a. Any felony, other than a felony conviction for an offense under
subsection (b), (c), or (d), within the preceding ten years; provided,
however, that this record limitation to the preceding ten years shall
not apply to any applicant which is a management entity or
controlling shareholder,

Adopted March 16, 2005 12
Tribal Council Resolution 31-1054


(iii) "A false statement on any part of your application may be grounds for
not hiring you, or for firing you after you begin work. Also, you may be
punished by fine or imprisonment. (18 U.S.C. 1001)"

Section 3.04 Required Application Forms.

(a) Each individual applying for a license, whether as a primary management
Official or key employee, and any person who is subject to a background
investigation in connection with an entity application for a license, shall be
required to complete the following forms:

(1) Application for gaming license by individual, if
applicable;

(2) Personal history record, with attached personal financial

questionnaire, including statement of assets and statement of

liabilities;

(3) Two complete fingerprint cards;

(4) Request to release information - individual.
(b) Each individual in subsection (a) of this section applying for a license renewal
shall supplement the personal history record and shall also be required to
complete the following forms:

(1) Application for gaming license by individual, if applicable;

(2) Request to release information - individual.

(c) Each entity, including a management entity and supplier of gaming goods and
services, applying for a license must complete the following forms:

(1) Application for gaming license by entity;
(2) Request to release information - entity.

(d) The Commission may request any additional forms or information from an
applicant as it deems necessary or appropriate.

(e) Pursuant to the compact the Commission shall create an individual file for
each applicant which includes the applicant's personal history record and all
background information compiled by the Commission.

Adopted March 16, 2005 14
Tribal Council Resolution 31-1054


“COUNCIL sie2e72257 « P.a3/a3
CUUNC:

USA TRIBAL

. The Principal Chief, or in his absence the Acting
Principal Chief, is hereby authorized to Sign this Resolution,

CERTIFICATION
ION

I hereby Certify the foregoing Resolution No. 31-1125 waa
considerad| by the Osage Tribar Souncil at a duly calieg Meeting
ain Pawhuska, Oklahoma, at which a» quorum wag Present and the
sems was adopted by a vote of 7 in favor, 0 ©Pposed and 1 absent

7 day of May 2005.
ACTING Les, G22

on this igi

Attest:

Sec. etary

TOTAL P.@3

Received 06-24-06 10:30 From-2020666606 To~2026327066 age 003
iy B=24- 6 P


belonging to the Tribe, shall constitute grounds for taking disciplinary action against that
licensee. If the Commission finds an unlawful diversion was attempted, it may sanction
the licensee, report the matter to appropriate law enforcement and gaming regulatory
agencies for further action and take such other action as it deems necessary or
appropriate. Sanctions may include the imposition of fines, and/or the revocation,
suspension, or limitation of, or refusal to renew, any license.

Section 7.05 Noncompliance.

Failure to comply with any of the requirements of this article, or the rules promulgated
hereunder may be found to constitute a violation of this chapter.

Chapter VIII
Exclusion or Reflection of Individuals

Section 8.01 Prohibition Against Certain Individuals.

It shall be a violation of this chapter for any licensee to knowingly fail to exclude or eject
from the gaming area of a gaming establishment any individual who:

(a) Is visibly under the influence of liquor, a drug or other intoxicating
substance;

(b) Is under the age of 18 years;
(c) Is displaying disorderly conduct;
- (d) Is a person known to have committed a gaming related felony;

(e) Is known to have a reputation for cheating or manipulation of games;
or

(f) Has been personally excluded, or is a member of any group or type of
persons which has been excluded, for cause from gaming establishments
by a resolution of the Commission.

Section 8.02 Right to Exclude or Remove.

If the Commission deems it in the best interest of the Tribe, the Commission may
exclude or remove any persons from the premises of any gaming operation. Any person
so excluded shall be entitled to a hearing as provided for by article VI and shall have the
rights provided to an applicant therein. The manager of any gaming operation shall also
have the authority to exclude or remove any person from the gaming establishment, and
all such actions shall be reported to the Commission within 24 hours of the taking of

Adopted March 16, 2005 35
Tribal Council Resolution 31-1054


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

(3) Conclusions reached by the Commission;

(4) The Commission's basis for those conclusions; and

(5) A copy of the eligibility determination made pursuant to section
16-5.08(a).

(d) Subject to the provisions of section 16-4.12, no gaming operation shall
continue to employ as a key employee or primary management official any
person who does not have a license within 90 days of commencing work at a
gaming operation.

(e) If a license is not issued to an applicant, the Commission:
(1) Shall notify the NIGC; and

(2) May forward copies of its eligibility determination and any
relevant report regarding a background investigation of the
applicant to the NIGC for inclusion in the Indian Gaming Individuals
Records System.

(f) With respect to key employees and primary management officials, applications
for employment and reports of background investigations shall be retained by the
Commission for inspection by the Chairman or his designee for no less than
three years from the date of termination of employment of each key employee or
primary management official.

Section 4.09 Granting a Gaming License.

(a) If, within a 30-day period after the NIGC receives all required applications and
reports, the NIGC 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, the Commission may issue a license to such applicant.

(b) The Commission shall respond in a timely manner to requests for additional
information from the Chairman concerning key employees or primary
Management officials who are the subject of any report filed with the NIGC by the
Commission. Any such request by the Chairman shall suspend the 30-day period
referred to in this section until the Chairman receives the additional information
requested.

(c) If, within a 30-day period after the NIGC receives all required applications and

Adopted March 16, 2005 23
Tribal Council Resolution 31-1054


Received

WHERBAS

1.

RESOLUTION
oF THE

QSAGE TRIBAL COUNCIL
We, 31-1125

The Osage Tribal Council, organized pursuant to

provisions of the Act of dune 28, 1906, 34 Stat. 538, as
amended] and is the elected governing body of the Osage Tribe of
Indians; and

2.

The Osage Tribal Council is governed pursuant to its

Resolution No. 26-20; and

3.

34 Stet. 539 and Governing Resolution authorizes the

Osage Tribal Council ("Tribal Council”) to speak and act on

behalf

4.
ebligat'

bf the Osage Tribe; and

The Osage Tribal Council is thus empowered and
ba to transact Tribal business, including enacting and

approving ordinances for the Tribe; and

s.
to the
the Osa

amendme
approve

61

The Osage Tribe submitted a revised Gaming Ordinance
National Indian Geming Commission immediately following
ge Tribal Coumcil’s mazch 14, 2005, adoption of technical
Ints pertnitting Class III gaming under the recently
id gaming compact with Oklahoma; and

The Wational Indian Gaming Commission has requested

certain technical revisions in Ordinance submitted for approval

by the) Chairman on March 14, 2005, in order that it may be
approved. THEREFORE, BE IT
RESOLVED,

1 The Osage Tribal Council has requested said revisions
be approved; and

2h The revised Osage Tribal Gaming ordinance shall become
effective upon approval by the Chairman of the National Indian
Gaming| Commission; and

3. Upon approval of the Chairman of the National Indian
Gaming) Commission, the revised Osage Tribal Gaming Ordinance

shell lrepeal and supersede all previous gaming ordinance enacted
by the] Osage Tribal Council; and .

08-24-05

10:38 From-2020556605 To-2026327066 Paga 002


Section 5.11 Determinations by the Commission.

(a) The Commission shall make all determinations of issues before it bya
majority vote of the Commission.

(b) All determinations made by the Commission involving the grant, denial,
cancellation or revocation of a license, a finding of a violation of this chapter, the
tules, IGRA, the conditions of any license issued by the Commission, any order
by the Commission, or any other applicable laws, regulations or agreements, and
the imposition of any sanctions or penalties shall be made by motion and on the
record.

(c) A copy of any resolution reached pursuant to section 16-6.11(b) of this
chapter shall be served upon the applicant or licensee by registered or certified
mail, or may be served personally.

Section 5.12 Sanctions.

If any party or its attorney fails to comply with any provision of this chapter, the rules,
IGRA, the conditions of any license issued by the Commission, any order by the
Commission, or any other applicable laws, regulations or agreements including, but not
limited to, any agreement regarding any matter including, but not limited to, discovery
matters and the failure to appear at a hearing at the scheduled time, the Commission,
upon motion or upon its own initiative, may in its discretion impose upon such party or
attorney, or both, appropriate sanctions in regard to the failures as are just including, but
not limited to, the following:

(a) An order prohibiting the use of any witness, document or tangible thing
which should have been disclosed, produced, exhibited or exchanged
pursuant to these rules or any order of the Commission;.

(b) An order that designated facts shall be taken to be established;

(c) An order that the disobedient party may not support or oppose
designated claims or defenses;

(d) An order striking any pleadings or parts thereof, or staying further
proceedings or dismissing the proceeding or any part thereof, or entering
a judgment by default against the disobedient party;

(e) A finding against the disobedient party; or

(f) Any sanction otherwise set forth in this chapter.

Adopted March 16, 2005 31
Tribal Council Resolution 31-1054


of such individual and shall follow the procedure set forth in section 16-
12.08 if the Commission is able to identify such individual with reasonable
certainty; provided, however, if after six months from the time the winnings
were payable, the Commission has been unable to identify the individual
entitled thereto, such winnings shall revert to the ownership of the Tribal
Casino Gaming Enterprise.

Section 11.08 Patron Disputes.

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 relevant gaming operation; and

(d) The Commission.

Section 11.09 Patron Rights Regarding Disputes.

When a person brings a dispute for resolution pursuant to section 16-12.08, 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 section 16-12.08. 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 the general manager of the gaming
operation, to the Commission.

Section 11.10 Gaming Commission Action on Patron Disputes.

All disputes which are submitted to the gaming Commission shall be decided by the
Commission based on information provided by the complainant, including any witnesses
for or documents provided by or for, the complainant. The decision of the Commission
shall be in writing, shall be issued within 14 days of submission of the matter to the
Commission, and shall be provided to the general manager of the gaming operation and

to the “ompaets)

Adopted March 16, 2005 40
Tribal Council Resolution 31-1054


(b) The notice shall also contain a short, plain statement of the reasons the
Commission determines the hearing is necessary.

Section 5.04 Ex Parte Communications.

(a) No ex parte communication relative to the actions being considered by the
Commission, or a threat or offer of reward shall be made, before a decision is
rendered, to any member of the Commission by or on behalf of the applicant or
licensee, or any legal representative or counsel of the applicant or licensee.

(b) Nothing in this section shall prohibit the applicant, licensee or its authorized
agent from communicating with the Commission's legal counsel, its investigators
or other authorized agents.

(c) Any member of the Commission who receives an ex parte communication
shall immediately report such communication to the Commission's legal counsel.

(d) For purposes of this section only, the actions being considered by the
Commission shall be those matters identified in the written notice as provided in
section 16-6.03(a) of this chapter, as well as any other matters that are actually
considered by the Commission during a hearing. All matters identified in the
written notice shall be subject to the prohibition against ex parte communications.
All matters not identified in the written notice that are considered by the
Commission during a hearing become subject to the prohibition against ex parte
communications as soon as they are discussed during the hearing.

(e) The Commission shall have the power to impose any sanction pursuant to
this article upon its determination that an applicant or licensee has made an ex
parte communication in violation of this section.

Section 5.05 Appearance through counsel.

(a) Parties to all hearings governed by this article may appear personally or
through an attorney, except that a party must personally attend any hearing on
the merits unless his attendance has been waived, in writing, by the Commission.

(b) When a party has appeared through an attorney, service of all notices,
motions, orders, decisions and other papers shall thereafter be made upon the
attorney, unless the party requests otherwise in writing.

(c) When a party is represented by an attorney, the attorney shall sign all
motions, notices, requests, and other papers on behalf of the party, including a
request for subpoenas.

Adopted March 16, 2005 26
Tribal Council Resolution 31-1054


promulgate regulations necessary to administer provisions of this Code. These duties
shall include but not be limited to the following:

(a) Printing and making available application forms for initial review;

(b) Supervising the collection of all fees and taxes prescribed in this Code;

(c) Processing all license applications;

(d) Issuing licenses;

(e) Determining applicable license fees;

(f) Auditing all returns;

(g) Reviewing all gaming operation contracts, records, documents, and anything
else necessary and pertinent to the financial accountability of licensees or to
the enforcement of any provision of this Code or Osage Tribal Gamin
Commission regulations;

(h) Denying any application, limit, condition, suspending, or restricting any
license or permit, making a finding of suitability or approval of the license or
permit, or a finding of suitability or approval of or the imposition of a fine upon
any person licensed or permitted for any cause deemed reasonable by the

Commissioner;

(i) Performing additional duties as required in the Code or any amendments
thereto, or other duties that may hereafter be specified by the Commissioner;

(j) Employing legal counsel with the consent of the Osage Tribe under applicable
laws;

(k) Defending this Code in any court of law;

(I) Acting as designee agent for service of process for any legal disputes that
may arise at any of the Tribe’s gaming facilities.

(m)Reviewing and enforcing the Minimum Internal Control Standards of the
Osage Tribe or as set out by the National Indian Gaming Commission;

(n) Any other duties that are deemed by the Commissioner as necessary to carry
out the provisions of this Code, the Commission’s regulations, or rules of the
National Indian Gaming Commission.

Adopted March 16, 2005 10
Tribal Council Resolution 31-1054


b. Any gaming-related offense,

c. Fraud, misrepresentation or any other crimes of moral turpitude
in any context, or

d. A violation of any provision of this chapter, the rules, or any other
ordinance or rules of the Tribe.

(5) The applicant's fulfillment of all applicable requirements of
IGRA, all provisions of this chapter, including, but not limited to,
those in Chapter 5.

(b) No license shall be issued to any applicant who is determined by the
Commission to be a person whose prior activities, criminal record, reputation,
habits or associations pose a threat to the public interest or to the effective
regulation and control of gaming, or create or enhance the dangers of unsuitable,
unfair, or illegal practices, methods, or activities in the operation of gaming or the
carrying on of the business and financial arrangements incidental thereto.

(c) The issuance of licenses shall also be subject to the provisions of section 16-
5 of this chapter regarding background investigations.

(d) The following notices shall be placed on the application form for a key
employee, management entity, primary management official or supplier of
gaming goods and services before such form is completed by an Application:

(i) "In compliance with the Privacy Act of 1974, the following information is
provided: Solicitation of the information on this form is authorized by 25
U.S.C. 2701 et seq. The purpose of the requested information is to
determine the eligibility of individuals to be employed in a gaming .
operation. The information will be used by the Commission, the State of
Oklahoma, and/or 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 where

relevant to civil, criminal or regulatory investigations or prosecutions or

when pursuant to a requirement by a Tribe or the National Indian Gaming

Commission in connection with the hiring or firing of an employee, the

issuance or revocation of a gaming license, or investigations of 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 hire you in a primary management official or key employee position.

(ii) "The disclosure of your social security number (SSN) is voluntary.
However, failure to supply a SSN may result in errors in processing your
application.

Adopted March 16, 2005 13
Tribal Council Resolution 31-1054