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CLASSIFICATION: #21. GAMING

A LAW OF THE MUSCOGEE (CREEK) NATION AMENDING CERTAIN LAWS OF THE

MUSCOGEE (CREEK) NATION, REPEALING CERTAIN LAWS AND ADDING NEW

LAW CONCERNING PUBLIC GAMING FOR PURPOSES OF CODiFICATION IN TITLE

21 OF THE CODE OF LAWS OF THE MUSCOGEE (CREEK) NATION.

SECTION ONE. This Act, and NCA 91-1 02, NCA 92-1 62, NCA92-216, NCA93-02,NCA

94-45, NCA 98-04, NCA 98-61 and NCA 01-121,as amended by this Act, shall be

codified in Title 21 of the Code of Laws of the Muscogee (Creek) Nation; provided

that for purposes of codification and inclusion in the Code of Laws of the Muscogee

(Creek) Nation, the Codification Committee is hereby authorized to approve any

changes related to the manner in which sections, articles, chapters and subchapters are designated,~consistent with recommendations by West Publishing

Company, and is hereby authorized to approve any minor clerical or grammatical

errors, without further National Council approval.

SECTiON TWO. AMENDMENT NCA92-1 62, Sections 100,101, 102, 103 (as amended

by NCA 94-45), 104, 105, 107, 109 and 902 are hereby amended to be codified as

Chapter One in Title 21 of the Code of Laws of the Muscogee (Creek) Nation, as

follows:

TITLE 21. PUBLIC GAMING CODE

CHAPTER ONE

MUSCOGEE (CREEK) NATION

PUBLiC GAMING CODE

GENERAL PROVISIONS

Section 101. Findings

The National Council finds that:

A. Under the 1979 Constitution of the Muscogee (Creek) Nation, the National

Counc~I may legislate upon subjects to become Laws of the Nation, including

1 hereby certify that I am the designated, qualified Acting Tribal

Secretary of the National Council of the Muscogce (Creek) Nation. I

further certify that this document is a true and correct copy of the

original Law NCA 01-183 Exccuted the 20th day of November, 2001.

Acting Secreta~$ Nat~~1 Council

NCA 01 -183
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I. To promote the public health and safety, education and welfare that may

contribute to the social, physical well being and economic Advancement of citizens of the

Muscogee (Creek) Nation. Article VI, Section 7(a)].

2. To create authorities with attendant powers to achieve objectives allowed within

the scope of this Constitution. Article VI, Section 7(i)].

3. To exercise any power not specifically set forth in this Article which may at some

future date be exercised by the Muscogee (Creek) Nation. Article VI, Section 7(j)].

B. The present needs of the Muscogee people include employment and training,

health care, educational opportunities, nutrition, mental health, juvenile services, housing,

planning and development, legal services, elders programs and social services which are

not presently being met in sufficient quantity by United States government agencies.

C. The Muscogee (Creek) Nation desires to be self-sufficient in its internal affairs,

as reliance upon federal resources has been adverse to the quality of life within this tribe

in both the recent and far past.

D. The regulation of public gaming within the Muscogee (Creek) Nation is in the

interest of the Muscogee people and their health, and welfare, political self-determination

and economic self-sufficiency.

E. Public gaming operations have been introduced to the Muscogee (Creek) Nation

and it is of vital interest to the public health, safety and welfare of the Muscogee people that

the Nation regulate public gaming in a manner commensurate with the interests of the

Muscogee people.

F. The Muscogee (Creek) Nation needs to establish a base to generate revenues

for essential governmental services and to achieve self-sufficiency in all its economic

affairs, as reliance on outside resources can be adverse to the goal of economic

independence of this sovereign Nation.

Section 102. Short Title and Codification

This Act shall be known and may be cited as the Muscogee (Creek) Nation Public Gaming

Code, and shall be codified as Title 21 of the Muscogee (Creek) Nation Code of Laws.

Section 103. Definitions.

The following words and phrases when used in this Code shall, for the purposes of

this Code, have the meanings respectively ascribed to them in this Section, except where

the context otherwise requires:

A. Bingo means a game in which each player receives a bingo face and covers

the squares according to the numbers, letters, or combinations of numbers and letters that
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have been announced by the caller or some other designated source, such as a random

number generator licensed by the Commissioner. The numbers and letters called are on

an object selected at random either manually, electronically, or mechanically from a

receptacle or device in which have been placed the objects bearing the numbers, letters,

or combinations of numbers and letters corresponding to the system used for designating

the bingo face squares. The winner of each bingo game is the player who first properly

covers a predetermined and announced patter of squares upon the bingo face being used

by the player;

B. Bingo face means a flat piece of paper, or facsimile thereof, which is marked

off into any number of squares in any arrangement of rows, with each square being

designated by number, letter or combination of numbers and letters which cannot be used

after the game in which a player has used it is over.

C. Commissioner means the Muscogee (Creek) Nation Commissioner of Public

Gaming.

D. Electronic, computer or other technologic aid means a device such as a

computer, telephone, cable, television, satellite or bingo blower and that when used:

a. Is not a game of chance but merely assists a player or the playing of a game;

b. Is readily distinguishable from the playing of a game of chance on an electronic

or electromechanical facsimile; and

c. Is operated according to applicable Federal communications law.

E. Gainmeans the direct realization of winnings.

F. Gambling means risking any money, credit, deposit orotherthing of value for

gain contingent in whole or in part upon lot, chance or the operation of a gambling device,

but does not include: bona fide contests of skill, speed, strength or endurance in which

awards are made only to entrants orthe owners of entries; bona fide business transactions

which are valid under the law of contracts; and other acts or transactions now or hereafter

expressly authorized by law.

C. Gambling device means any unlicensed device or mechanism by the

operation of which a right to money, credits, deposits or other things of value may be

created, in return fora consideration, as the result of the operation of a substantial element

of chance; any unlicensed device or mechanism which when operated for a consideration

does not return the same value or thing of value for the same consideration upon each

operation thereof, any unlicensed device, mechanism, furniture, fixture, construction or

installation designed primarily for use in connection with professional gambling; and any

unlicensed sub-assembly or essential part designed or intended for use in connection with

any such device, mechanism, furniture, fixture, construction or installation.
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H. Gambling information means a communication with respect to any wager

made in the course of andany information intended to be used for unlicensed professional

gambling. In the application of this definition the following shall be presumed to be

intended for use in professional gambling: information as to wagers, betting odds or change

in betting odds.

I. Gambling premise means any building, room, enclosure, vehicle, vessel or

other place whether open or enclosed, used or intended to be used for unlicensed

professional gambling. In the application of this definition, any place where an unlicensed

gambling device is found shall be presumed to be intended to be used for professional

gambling.

J. Gambling record means any record, receipt, ticket, certificate, token, slip,

notation, computer, hard drive, computer diskette, computer back-up tape, CD or other

recording device given, made, used or, intended to be used in connection with unlicensed

professional gambling.

K. Gaming means games of chance or skill that are regulated by the

Commissioner.

L. Gaming vendor means any person who manufactures, distributes, leases,

repairs, rebuilds, modifies or programs:

1. Any equipment or mechanical, electromechanical or electronic contrivance,

component or machine used remotely or directly in connection with gaming or any game

which affects the result of a wager by determining win or loss, including:

a. An electronic gaming machine

b. A collection of two or more of the following components:

(1) an assembled electronic circuit which cannot be reasonable

demonstrated to have any use other than in an electronic gaming machine;

(2) a cabinet with electronic wiring and provisions for mounting a coin, token,

card or currency acceptor;

(3) a storage medium containing the source language or executable code of

a computer program that cannot be reasonably demonstrated to have any

use other than in an electronic gaming machine;

(4) an assembled video display unit; or

(5) an assembled mechanical or electromechanical display unit intended for

use in gambling ; or

(6) assembled mechanical or electromechanical unit which cannot be

demonstrated to have any use other than in an electronic gaming machine.

2. Any item used to play a game including:

a. playing cards,

b. bingo balls,

c. bingo cards, bingo paper packs or paper pack components

d. ball blower,

e. chips,
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f. cards, tokens or any other device or machine that stores or registers

cash credit;

g. a random number generator.

3. Links which connect to progressive gaming machines;

4. Equipment which affects the proper reporting of gross revenue;

5. Computerized devices for weighing or counting money;

6. Computerized system for recordation of sales of gaming.

M. Instant Bingo or Pull-tabs means the activity where players purchase

outwardly identical cards from a stack of cards (the deal). The deal includes a pre

determined number of winning and losing cards. The player opens the tab and finds out

if the card is a winner. A player obtains a paper or electronic card or ticket that may be

displayed for the player on a video monitor from a stack of similar cards or tickets. The

player opens the paper or electronic pull-tab and examines the combinations to determine

if they have a winning combination.

N. Key employee means a person who performs one or more of the following

functions:

1. Bingo Caller

2. Counting (money) Room personnel

3. Chief of Security and Security personnel

4. Custodian of Gaming Supplies or Cash

5. Floor Manager

6. Pit Boss

7. Dealer

8. Croupier

9. Approver of Credit

10. Custodian of gaming devices, including persons with access to cash and

accounting records within such devices

11. Surveillance personnel

12. Gaming Operations Authority Board members

13. Any person who:

A. Receives over $50,000.00 per year in cash compensation; or

B. Is one of the four most highly compensated persons in the gaming

operations;

0. License means the permission, by authority of the Muscogee (Creek) Nation,

to do an act that without permission would be illegal, and that is granted in writing by the

Commissioner for consideration to a person to pursue some occupation or to carry on

some business, subject to regulation underthe jurisdiction of the Muscogee (Creek) Nation.

A license is a privilege to go on the premises for a certain purpose but does not operate to

confer on, vest in, or license any title, interest, or estate in Muscogee (Creek) Nation real

property.
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P. Lottery means any procedure for the disposal or distribution of property,

including money, by chance where: (1) the players pay something of value for chances,

represented or differentiated by numbers or by combinations of numbers or by some other

designation, one or more of which chances are to be designated the winning ones; and (2)

the winning chances are to be determined by a drawing held by the manager of the game,

or by some other method based upon the element of chance; and (3) the holders of the

winning chances are to receive something of value; and (4), when played or operated once,

destroys the value of the chance as the prizes are distributed.

Q. Nation means the Muscogee (Creek) Nation as established under the

Muscogee (Creek) Constitution of 1979. Individual tribal towns and chartered communities

of the Muscogee (Creek) Nation are considered component, inseparable subdivisions of

the Muscogee (Creek) Nation and may only benefit from the rights and privileges from the

Muscogee (Creek) Nation under this Code.

R. Net Revenues means gross gaming revenues less : all amounts paid out

as, or paid for, prizes; and total gaming related expenses, excluding management fees.

S. Off Track Betting means a form of wagering on the outcome of horse or dog

races, whereby all bets made on a particular race are pooled in a parimutuel, combination

or mutual field betting pool and then paid (less a standard management fee to cover local

costs, pooling costs, track costs, and profits) to the winning tickets.

T. Pari~mutual: racing means the activity wherein participants bet a sum of

money, in predetermined increments, to wager on which horses or dogs shall place first (or

win), second (or place), or third (or show) in a race for a predetermined distance. If

a horse or dog is determined to have properly won the first, second, or third place in the

race, the participants who have bet upon that horse or dog are paid upon their wager

according to formulas approved under the laws or regulations of the Muscogee (Creek)

Nation. Players may also be paid upon a combination basis or upon a mutual field basis.

U. Primary management official means:

1. The person having management responsibility for a management contract; or

2. Any person who has authority

a. to hire and fire employees or

b. to set up working policy for the gaming operations; or

3. The chief financial officer or other person(s), who has financial management

responsibility including members of all boards or panels who have oversight responsibility

for any tribally licensed gaming operation.

V. Professional gambling means accepting or offering to accept for profit, money,

credit, deposits or other things of value risked in unlicensed gambling, or any claim thereon

or interest therein. Without limiting the generality of this definition, the following unlicensed
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activities shall be included: pool-selling and bookmaking; maintaining slot machines, oneball machines or variants thereof; pinball machines which award anything other than an

immediate and unrecorded right of replay; roulette wheels; dice tables; money or

merchandise pushcards, punch boards, jars or spindles in any place accessible to the

public; conducting unlicensed lotteries, gift enterprises, policy or numbers games, or selling

chances therein; conducting any unlicensed banking or percentage game played with

cards, dice or counters, or accepting any fixed share of the stakes therein.

W. Progressive game means a game in which prizes are allowed to be carried

over and increased from session to session.

X. Skill Game means a game where the player, through practice, can alter the

outcome.

Y. Unlicensed means not holding a valid license issued by the Commissioner.

Z. U-PIK-EM bingo game means a game played wherein a player selects the

numbers in a U-PIK-EM bingo game. The player and the game operator both receive the

bingo face with the players selected as marked by the player. The player then covers the

numbers as the caller or some other designated source, such as a random number

generator licensed by the Commissioner, announces a number. The numbers called are

on an object selected at random either manually, electronically, or mechanically from a

receptacle or device in which have been placed the objects bearing the numbers. The

winner of each U-PIK-EM bingo game is the player who first covers all the numbers

appearing on his or her bingo face in accordance with the pattern as designated on the

bingo face.

AA. Valuable prize means an object or service worth One Hundred Dollars or more

in fair market value.1

BB. Whoever and person means a natural person, a partnership, an association of

persons, a corporation, a firm, a limited liability company, a sole proprietorship, a trust, a

joint venture, a consortium, a commercial entity, a Muscogee (Creek) Nation tribal entity,

a Muscogee (Creek) Nation chartered Indian community and an Indian tribe.

Section 104. Interpretation of Code.

The provisions of this Code, being necessary for the welfare of the Nation and its

inhabitants, shall be liberally construed to effect the purpose and object hereof. Article and

section headings contained herein shall not be deemed to govern, limit, modify or in any

manner affect the scope, meaning or intent of the provisions of any article or section

hereof.

1Legislative History NCA 92-162 § 303.A.
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Section 105. Severability.

The provisions of this Code are severable and if any part or provision hereof shall

be held void by a court of competent jurisdiction, the decision of the court so holding shall

not affect or impair any of the remaining parts of provisions of the Code.

SECTION THREE. AMENDMENT NCA92-1 62, Section 201 -204,206-208 (as amended

by NCA-94-45) is hereby amended to be codified as Chapter Two in Title 21 of the

Code of Laws of the Muscogee (Creek) Nation, as follows:

CHAPTER TWO

MUSCOGEE (CREEK) NATION OFFICE OF PUBLIC GAMING

Section 201. Office of Public Gaming Commissioner Established.

In order to provide for the orderly development, administration, and regulation of

Public Gaming, there is established the Muscogee (Creek) Nation Public Gaming

Commissioner.

Section 202. Appointment and Terms.

The Principal Chief shall nominate a full citizen of the Muscogee (Creek) Nation to

serve as the Commissioner, subject to confirmation by Tribal Resolution. The

Commissioners term will be for a period of three (3) years.

Section 203. Outside Employment and Activities of Commissioner.

The Commissioner may not hold other tribal positions except temporary duties

assigned by Executive Order to be performed without increase in compensation. 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 Muscogee (Creek) Nation in the amount of One Hundred Thousand Dollars

($100,000.00).

Section 204. Removal from Office.

The Commissioner may be removed from office prior to the end of any term for

cause in accordance with Title of the Code of Laws of the Muscogee (Creek) Nation.

Section 205. Duties.

The Commissioner shall be charged with the responsibility of administering and

enforcing the provisions of this Code. It shall be the responsibility of the Commissioner to

promulgate regulations necessaryto administer provisions of this Code. These duties shall

include but not be limited to the following:
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1. Printing and making available application forms for initial and renewal licenses,

as well as any other necessary licenses.

2. Supervising the collection of all fees and taxes prescribed in this Code.

3. Processing all license applications

4. Issuing licenses;

5. Determining applicable license fees;

6. Auditing all returns;

7. Reviewing all gaming operation contracts, records, documents, and anything

else necessary and pertinent to the financial accountabilities of licensees or to the

enforcement of any provision of this Code or Office of Public Gaming regulations.

8. 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.

9. Performing any other duties required in the Code or any amendments thereto

or other duties that may hereafter be specified by the Commissioner.

10. Employing legal counsel with consent of the Muscogee (Creek) Nation under

applicable laws.

11. Defending this Code in any court of law in consultation and with the

concurrence of the Attorney General.

12. Acting as designee agent for service of process for any legal disputes that

may arise at any of the Nations gaming facilities.2

Section 206. Authority of Commissioner.

The Commissioner may exercise any proper power and authority necessary to

perform the duties assigned by this Code. Regular and special meetings of the

Commissioner may be held, at the discretion of the Commissioner, at such time and places

as may be convenient and open to tribal members, with notice posted in a public place at

least 24 hours prior to the meeting. 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 Office of Public Gaming budget for

operations to the Controller of the Muscogee (Creek) Nation, and take any other steps

necessary to fulfill duties and responsibilities under the code. In adopting, amending, or

repealing any Office of Public Gaming 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 FOUR. AMENDMENT NCA 92-162, §~ 301-314 (as amended by NCA94-45)

and NCA92-162 Sections 211, 215, and 430 are hereby amended to be codified as

Chapter Three in Title 21 of the Code of Laws of the Muscogee (Creek) Nation, as

follows:

2Legislative History NCA 92-162 § 203 and NCA 94-45 § 104 for Subsection (12)
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CHAPTER THREE

LICENSES AND PERMITS

Section 301. License required.

The following persons shall be required to have and display prominently an

appropriate, valid and current Public Gaming license issued pursuant to the provisions of

this Code:

1. Any person conducting gaming, pan-mutual racing, off-track betting, or lottery on

Muscogee (Creek) Nation property;

2. Any gaming vendor doing business with the Muscogee (Creek) Nation or one of

its licensees;

3. All key employees and primary management officials;

4. All employees of a gaming facility;

5. Other persons who enter into a business relationship or contract with a gaming

facility or its licensees and who are required by the Muscogee (Creek) Nation Office of

Public Gaming regulations to obtain a license.

Any other forms of Public Gaming operations being conducted within the jurisdiction of the

Muscogee (Creek) Nation without the lawful written approval of the Commissioner are

prohibited.

Section 302. Registration.

A. The following persons shall be required to register with the Office of Public

Gaming by completing and submitting a registration form to the Office of Public Gaming

prior to entering the property of a Muscogee (Creek) Nation gaming facility, subject to the

exception in sub-section C of this section:

1. All employees or independent contractors of persons required to be licensed with

the Office of Public Gaming;

2. All persons making deliveries or picking up items at a gaming facility;

3. All persons who enter into a business relationship or contract with a gaming

facility or its licensees and who are determined by the Muscogee (Creek) Nation Office of

Public Gaming as not requiring a license;

4. All persons servicing or monitoring public utilities.

B. The Office of Public Gaming shall at a minimum make an updated list of

registered persons available to the gaming facilities on every Friday of each week.

C. All persons required by sub-section A to be registered with the Office of Public

Gaming shall initially enter the public entrance of the gaming facility. The security officer

shall verify with the Office of Public Gaming whether the person is registered and the

person shall sign his or her name to a daily log kept with security personnel. Any person

required to register who fails to do so, or any person who fails to sign the daily log upon

entering the gaming facility, shall be banned from all Muscogee (Creek) Nation gaming

facilities until further written notice from the Office of Public Gaming.
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D. A person described in sub-section A shall not be required to have submitted a

registration form to the Office of Public Gaming prior to entry into a gaming facility if said

person completes a registration form and submits it to the gaming facility and signs his or

her name on the daily log pursuant to sub-section C; provided that the gaming facility shall

immediately transmit the registration form to the Office of Pubic Gaming.

Section 303. Classes and Fees.

Different classes of licenses shall be issued, and each have a separate fee and

separate privileges. Each license shall be for a specific place. A licensee who desires to

operate multiple locations shall obtain multiple licenses. A licensee shall operate and

conduct only those activities authorized by the license obtained. The classes of licenses

are listed below.

A. Class A. A Class A License may be issued to the Creek Nation Festival

Committee, or the Creek Nation Rodeo Committee, at an annual rate of $100.00, for the

revocable privilege of conducting bingo games for the remainder of the calendar year.

B. Class C. A Class C License may be issued to any applying Muscogee

(Creek) Indian chartered community at a monthly rate of $10.00 for the revocable privilege

of conducting of bingo games during the remainder of that calendar year.

C. Class C-2. A Class C-2 License may be issued to tribal entities, where the

use of tribal funds are involved, at an annual rate of $25.00 for the revocable privilege of

conducting bingo games during the remainder of the calendar year.

D. Class P. A Class P License may be issued to any person at an annual rate

of One Hundred Thousand Dollars ($100,000), for the revocable privilege of conducting

parimutuel racing or off-track betting.

E. Class 1. A Class T License may be issued to the Gaming Operations

Authority Board, at an annual rate of $1,200.00 for the revocable privilege of conducting

gaming in a specific location within the reservation of the Muscogee (Creek) Nation for the

remainder of the calendar year.

F. Class S. Satellite Bingo is the activity wherein bingo games are

electronically transmitted by the utilization of live or prerecorded pictures or data from

predesignated satellites owned, leased or through use of agreement to authorized sending

units, places or areas, at an annual rate of $ 1,200 for the revocable privilege of

transmitting, satellite bingo games into a specific location within the reservation. Class S

licensees shall abide by this Code and all rules and regulations promulgated by the

Commissioner. Approval of leases or contracts for satellite bingo enterprises between the

Muscogee Nation and any third party will be approved by law.

Class L. A Class L license may be issued to the Gaming Operations

Authority Board, Division of the Lottery to conduct a lottery and to permit agents to sell

lottery tickets or shares for the remainder of the calendar year.

Class V. A Class V license may be issued to the Gaming Operations

authority oard, Division of Video Gaming, to conduct video games for the remainder of the

calendar year.
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NCA 01-183

I. Class 0. A Class 0 license may be issued to the Gaming Operations

Authority Board, Division of Off-Track Betting, to conduct off-track betting for the remainder

of the calendar year.

J. Class Z. A class Z license may be issued to any gaming vendor who

enters into a business relationship with any of the Nations gaming facilities or licensees;

conducts business within the political jurisdiction of the Nation; orto any person who enters

into a business relationship with any of the Nations gaming facilities or its licensee.

K. Class E-1 . A class ~E-1 license may be issued to any key employee or primary

management official.

L. Class E-2. A class E-2 license may be issued to any employee of a gaming

facility who is not a key employee.

Section 304.. Exemptions.

The following activities are not public gaming operations underthe terms of this Title,

and therefore do not require a license under this title:

A. Class I gaming.

B. Charitable Raffles. Selling chances on any item(s) and/or service(s) in order to

raise funds for any church, ceremonial ground, or chartered community, or for other

charitable purposes recognized in regulations issued by the Commissioner.

Section 305. Licensing Requirements for Chartered Communities.

All chartered communities must have current and valid authorization to use

Muscogee (Creek) Nation property in order to obtain a license to conduct gaming. Such

authorization must comply with all Muscogee (Creek) Nation laws. For purposes of gaming

license requirements, the community chairperson, vice-chairperson and treasurer shall be

deemed to be primary management officials. They shall not take an active role in

management of the gaming facility. If the Commissioner determines that a community

chairperson, vice-chairperson or treasurer is not eligible for a gaming license, then the

community shall be precluded from operating any gaming facility so long as such person

shall remain in office as a community official.

Section 306. Time Requirements for Application for Licenses.

A. All persons, except those seeking a class E-1 or E-2 license, who seek to engage

in gaming activities within the Muscogee (Creek) Nation, must apply for a license at least

thirty (30) days prior to the scheduled activities. Every licensee intending to continue

gaming activities within the Muscogee (Creek) Nation during the next following calendar

year shall apply for renewal of the license at least thirty (30) days prior to the end of the

previous license period.

B. Immediately upon application for employment in a gaming facility, the potential

employer shall hand deliver to the Office of Public Gaming the necessary information to
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obtain a criminal background check of the potential employee along with the applicable fee

for such background check. The gaming operation shall terminate employment of a person

who is required to have a license pursuant to section 301 of this Title, if that person does

not have a license within 90 days of the date of employment.

Section 307. License Applications; Notices.

A. The following notice shall be placed on the application form for license applicants

before that form is filled out by an applicant:

In compliance with the Privacy Act of 1974, the following information is provided:

Solicitation of the information on this form is authorized by 25 U.S.C. §~ 2701 ef

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

NIGC members and staff, who have need for the information in the performance of

their official duties. The information may be disclosed to appropriate federal, tribal,

state, local or foreign law enforcement and regulatory agencies, when relevant to

civil, criminal or regulatory investigations or prosecutions or when pursuant to a

requirement by a tribe or the NIGC in connection with the hiring or firing of any

employee, the issuance or revocation of a gaming license, or investigation 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 tribes being unable to issue a

gaming license to you. The disclosure of your social security number (SSN) is

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

application.

B. Existing gaming licensees shall be notified in writing that they shall either:

1. Complete a new application form that contains a Privacy act notice; or

2. Sign a statement that contains the Privacy Act notice and consent to the

routine uses described in that notice.

C. The following notices shall be placed on the application form for license

applicants before that form is filled out by an applicant:

A false statement on any part of your application may be grounds for not hiring you

or for firing you after you begin work. Also, you may be punished by fine or

imprisonment (USC Title 18, Sec. 1001).

D. The Commissioner shall notify in writing existing gaming licensees that they

shall either:

1. Complete a new application form that contains a notice regarding false

statements; or
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2. Sign a statement that contains the notice regarding false statements.

Section 308. License Applications; Background Investigations

A. The Commissioner shall request from each gaming license applicants all of the

following information:

1. Full name, other names used (oral or written), SSN(s), birth date, place of

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

2. Currently and for the previous five (5) years: business and employment positions

held, ownership interests in those businesses, business and residence listed addresses,

and drivers license numbers;

3. The names and current addresses of at least three (3) personal references,

including one personnel reference, who was acquainted with the applicant during each

period of residence listed under sub-section A .2 of this section;

4. Current business and residence telephone numbers;

5. A description of any existing and previous business relationships with Indian

tribes, including ownership interest in those businesses;

6. A description of any existing and previous business relationships with the

gaming industry generally, including ownership interests in those businesses;

7. The name and address of any licensing or regulatory agency with which the

person has filed an application for a license or permit relating to gaming, whether or not

such license or permit was granted;

8. For each felony for which there is an ongoing prosecution ora conviction, the

change, 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 (10) years of the date of the application, the

name and address of the Court involved, and the date and disposition;

10. For each criminal charge (excluding minor traffic charges), whether or not

there is a conviction, if such criminal charge is within 10 years of the date of the application

and is not otherwise listed pursuant to sub-section A. 8 or A.9 of this section, the criminal

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

11. The name and address of any licensing or regulatory agency with which the

person has filed an application or an occupational license or permit, whether or not such

license or permit was granted;

12. A current photograph;

13. Any other information the Tribe deems relevant; and

14. Fingerprints consistent with procedures adopted by the Tribe.

B. The Commissioner shall conduct an investigation sufficient to make a

determination of license eligibility pursuant to section 309 of this Title. In conducting a

background investigation, the Commissioneror his agent shall promise to keep confidential

the identity of each person interviewed in the course of the investigation.
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Section 309. License Eligibility Determination. The Commissioner shall review

an applicants prior activities, criminal record, if any, and reputation, habits and associations

to make a finding concerning the eligibility of a license applicant for employment in a

gaming operation. If the Commissioner 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 Commissioner shall not issue a license to the applicant.

Section 310. Procedures for Forwarding License Applications and Reports

to the NIGC

A. When a gaming license applicant begins work at a gaming operation

authorized by this law, the Commissioner shall forward to the NIGC a completed application

for employment, conduct the background investigation and make the eligibility

determination referred to in section 309 of this Title.

B. The Commission shall prepare and forward the NIGC an investigative report

on each background investigation. An investigative report shall include all of the following:

a. Steps taken in conducting a background investigation.

b. Results obtained

c. Conclusions reached, and

d. The basis for those conclusions

C. The Commissioner shall submit with the investigative report a copy of the

Commissioners eligibility determination.

D. If a license is not issued to an applicant, the Commissioner shall notify the

NIGC and may forward copies of its eligibility determination and investigative report (if any)

to the NIGC for inclusion in the Indian Gaming Individuals Records System.

E. The Commissioner shall retain license applications and reports (if any) of

background investigations for inspection by the Chairman of the NIGC or his or her

designee for no less than 3 years from the date of termination of employment.

Section 311. Granting a Gaming License

A. If within a 30 day period after the NIGC receives a report, the NIGC notifies

the tribe that it has no objection to the issuance of a license application filed by a gaming

license applicant for who the tribe has provided an application and investigative report to

the NIGC, the Commissioner may issue a license to such applicant.

B. The Commissioner shall respond to a request for additional information from

the Chairman of the NIGC concerning a gaming license applicant who is the subject of a

report. Such request shall suspend the 30 day period under paragraph G. 1., of this

section until the Chairman of the NIGC receives the additional information.
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NCA 01-1 83

C. If within the 30 day period described above, the NIGC provides the

Commissioner with a statement itemizing objections to the issuance of a license to a

gaming license applicant for whom the Commissioner has provided an application and

investigative report to the NIGC, the Commissioner shall reconsider the application, taking

into account the objections itemized by the NIGC. The Commissioner shall make the final

decision whether to issue a license to such applicant.

Section 312. License Suspension

1. If after the issuance of a gaming license, the Commissioner receives from the

NIGC reliable information indicating that a gaming license applicant is not eligible for a

license, the Commissioner shall suspend such license and shall notify in writing the

licensee of the suspension and the proposed revocation.

2. The Commissioner shall notify the licensee of a time and a place for the hearing

on the proposed revocation.

3. After a revocation hearing, the Commissioner shall decide to revoke or to

reinstate a gaming license. The Commissioner shall notify the NIGC of the decision.3

Section 313. Display of License.

Every gaming facility shall display in a prominent place a current and valid license

for that location.

Section 314. Amendment of License.

When a licensee changes location of gaming activities within the Muscogee (Creek)

Nation, the Commissioner shall issue a corrected license for the balance of the current

period reflecting the new address upon reasonable proof of change of address and without

imposition of an additional license fee.

Section 315. Fees.

Each application for an initial or renewal license shall be accompanied by payment

of the license fee. The Commissioners determination of the license fee properly owed

under this Code shall be final. This fee is imposed for the revocable privilege of being

licensed to engage in public gaming activities within the Muscogee (Creek) Nation. All

license fees shall be paid to the Treasury of the Muscogee (Creek) Nation.

Section 316. Non-transferability.

3Legislative History 92-162 § 1008 as amended by
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The license issued pursuanttothe provisionsofthis Code isvalid onlyforthe person

at the place of business shown on the face thereof. It is not assignable or otherwise

transferable to any other person or for any other location without the written approval of the

Commissioner.

Section 317. Licenses revocable.

A license is a revocable privilege, and no holder thereof shall be deemed to have

a part in any vested rights therein. The burden of proving qualifications to hold any license

rests at all times in the licensee. The Commissioner is charged by law with the duty of

continually observing the conduct of all licensees to the end that licenses shall not be held

by unqualified or disqualified persons or persons whose operations are conducted in an

unsuitable or questionable manner.

Section 318. Duty of Licensee to keep informed of provisions.

Violations of any provisions of this Code or any of the Commissioners regulations

by a licensee, his agent or employee shall be deemed contrary to the public health, safety,

morals, good order, and general welfare of the Muscogee (Creek) Nation and grounds for

refusing to grant or renew a license; suspension or revocation of a license; grounds for the

filing of criminal charges; or grounds for a civil action. Acceptance by a licensee of a

license, its renewal, or condition imposed thereon, constitutes an agreement on the part

of the licensee to be bound by all the regulations of the Commissioner and the provisions

of this Code as they are now or may hereafter be amended or promulgated. It is the

responsibility of the licensee to keep himself informed of the contents of all such regulations

and provisions, and ignorance thereof will not excuse the violations.

Section 319. Review of Contracts.

As a provision of licensing, no facility shall be operated pursuant to a management

agreement or contract, and no facility shall operate gaming devices pursuant to a vendor

agreement or contract, until said facility has acquired the review of the Gaming

Commissioner for purposes of determining whether the said agreement or contract, or the

gaming device which is the subject of the agreement or contract, complies with applicable

law. All other leases, contracts or other agreements involving gaming activities shall be

provided to the Gaming Commissioner for review.

Section 320. Review of Lease.

No licensee shall conduct any activity authorized under this Code upon any

premises, if the lease, license, contract, or any other agreement under which right to use

said premises is not first fully disclosed to the Commissioner. A chartered Indian

community must have a valid facility-use agreement with the Muscogee (Creek) Nation to

conduct gaming at that location.

Section 321. Fingerprinting.
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NCA 01-1 83

The law enforcement agency that will take fingerprints of gaming license applicants

for purposes of completing required background investigations shall be the Creek Nation

Lighthorse Law Enforcement. All NIGC procedures for processing fingerprints cards shall

be followed.

SECTION FIVE. AMENDMENT NCA 98-04 § 103 and § 104 and NCA 91-102 § 103 are

hereby amended to be codified as Chapter Four in Title 21 of the Code of Laws of the

Muscogee (Creek) Nation, as follows:

CHAPTER FOUR

GAMING OPERATIONS AUTHORITY BOARD

Section 401. Policy.

The Gaming Operations Authority Board is authorized to negotiate with persons who

desire to enter into gaming ventures with the Creek Nation for locations both within and

external to the present boundaries of the Creek Nation. Such ventures may include but not

be limited to land acquisition, financing packages and management contracts. Any

management contract or agreement related to land acquisition, financing packages and

construction negotiated by the Board is subject to approval by Tribal Resolution of the

National Council.

Section 402. Board Composition.

A. Membership and Appointment. The Gaming Operations Authority Board shall

consist of five (5) members, two of whom shall be appointed by the Principal Chief and

confirmed bythe National Council by Tribal Resolution and three appointed by the National

Council by Tribal Council Resolution. All such appointments shall be for a period of two

years to run from the date of confirmation, at the expiration of which the office shall be

vacant without holdover.

B. License. All persons so confirmed shall, within 30 days of confirmation, apply

to the Nations Office of Public Gaming for a license and undergo a background

investigation as a primary management official. Any such resolution confirming a nominee

to serve as a member of the Board shall be conditional upon his or her applying and

qualifying for an individual gaming license as a primary management official. No such

person, so confirmed shall take office, or perform any duties as a member of the Gaming

Operation Authority Board, until granted a gaming license by the Commissioner.

C. Effect on rejected Candidate. In the event that a motion to approve a Tribal

Resolution appointing a Board member or confirming the Principal Chiefs appointment of

a Board member fails upon vote of the National Council, such person shall not be eligible

for appointment to the Board a period of one year from the date of the said vote.
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D. Ex-officio Member. There shall also be an ex-officio member on the Gaming

Operations Authority Board who shall be a member of the Business & Governmental

Committee of the National Council and selected by said Committee. A criminal background

check shall be completed on all nominees and the results revealed to the Committee prior

to selection ads the ex-officio member.

E. Vacancies. In the event that the position of a Board member appointed by the

Principal Chief becomes vacant, the Principal Chief shall make a new appointment, which

shall be confirmed by National Council Tribal Resolution. In the event that a position of a

board member appointed by the National Council becomes vacant, the National Council

shall make a new appointment by National Council Resolution.4

Section 403. General and Specific Authority, Powers and Responsibilities of the

Board, and Limitations Thereon.

A. General Authority, Powers and Responsibilities:

1. As the governmental agency of the Muscogee (Creek) Nation charged with the

responsibility of administering and managing the Nations gaming facilities and operations,

the primary authority and responsibility of the Gaming Operations Authority Board shall be

to establish the policies, procedures, standards and goals for the efficient and profitable

management and operation of the Nations gaming facilities in compliance with applicable

provisions of the Indian Gaming Regulatory Act, other federal gaming laws applicable to

Indian gaming, the rules and regulations of the National Indian Gaming Commission, the

Nations gaming laws, and the rules and regulations of the Nations Office of Public

Gaming.

2. In addition to the foregoing authority and responsibility, the Gaming Operations

Authority Board shall have the authority, power and responsibility to oversee, direct and

supervise the activities of the managers of the Nations gaming facilities, and to assure that,

in carrying out their duties hereunder, said managers are implementing and adhering to the

policies, procedures, standards and goals established by the Board.

B. Specific Authority, Powers and Responsibilities:

1. The Gaming Operations Authority Board shall adopt, no later than 180 days after

the adoption of this Code, written rules, policies, procedures and/or standards for the

efficient and profitable conduct, management and operation of the Nations gaming

facilities, which rules, policies and procedures shall be consistentwith all applicable federal

and tribal gaming laws, rules and regulations, and shall address, at a minimum, the

following matters:

4History: NCA 98-04 amending NCA 89-04, § 102
Page 20 of 51

NCA 01-1 83

a. Codes of conduct for all managers, staff and employees of the Board and the

Nations gaming facilities, in dealing with the gaming public as well as with all gaming

managers, staff and employees;

b. Personnel policies and procedures to be followed in the hiring, supervision,

management, promotion, disciplining and/or termination of staff and employees of the

Board as well as gaming facility managers, staff and employees, including provisions for

employment appeals and grievances filed by such managers, staff and employees;

c. Facilities maintenance, safety and security, subject to and in strict compliance

with any security measures or standards required by the Office of Public Gaming;

d. Procurement policies and procedures to be used in contracting for and/or

purchasing goods, services and gaming supplies, including without limitation rules

prohibiting transactions and/or actions which would violate the Nations laws regarding

conflicts of interest;

e. Financial management, including accounting and reporting procedures and

standards, controls over the use and safekeeping of cash and accounts, and preparation

of any reports required by this Act, other applicable laws of the Muscogee (Creek) Nation,

the Office of Public Gaming, the National Indian Gaming Commission and/or any applicable

laws of the United States;

f. Such other subjects which the Board deems appropriate for the effective

management and operation of the Nations gaming facilities or which may be otherwise

required by law.

2. Any rules, policies, procedures and standards adopted pursuant to this Section

shall be submitted to the Principal Chief, the National Council, and the Office of Public

Gaming no later than 180 days after the enactment of this Code and shall not become

effective until the same are approved by duly adopted Tribal Resolution. The rules, polices,

procedures and/or standards may be revised by the Board from time to time but all such

revisions shall be submitted to the Principal Chief, National Council, and the Office of Public

Gaming and shall not become effective until approved by duly adopted Tribal Resolution.

Any rules, polices, procedures and standards of the Board currently in effect which are not

otherwise inconsistent with the provisions of the Act shall remain in effect until such new

rules, policies, procedures and standards are duly approved by Tribal Resolution.

3. The Gaming Operations Authority Board shall have the power to contract with

any person, corporation, partnership or other business entity for goods, supplies and

services necessary and/or appropriate for the efficient operation of the Nations gaming

facilities, and this power shall include the power to enter into routine equipment leases.

Provided, however, any contract with a term of more than one year shall not be valid unless

approved by duly adopted Tribal Resolution. Provided further that the Board may delegate

its power to contract for goods, supplies and services to the facility managers provided that

any contract exceeding $ 25,000 shall not be valid unless first approved by the Board;

provided further that the Board may order, by way of written resolution, that such approval

shall also be required for contracts of $25,000 or less.
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NCA 01-1 83

4. The Gaming Operations Authority Board shall be responsible for the protection,

maintenance and proper disposition of all funds, accounts and other property that come

under its authority or control or that are used and/or maintained in connection with and

pursuant to its authority, powers and responsibilities hereunder. In this connection, the

Board shall:

a. Provide narratives and financial reports to the National Council and the Principal

Chief in accordance with the provisions of Subsection F of the Section;

b. Establish an internal auditing system of operations;

c. Record and maintain a copy of the minutes of all meetings of the Board, including

meeting or portions of meetings conducted in executive session;

d. Promptly report any theft or misuse of funds or other property under the Boards

control to the Lighthorse Police and the Attorney General of Muscogee (Creek) Nation;

e. Whenever requested in writing by the Speaker of the National Council, appear

before and answer to the National Council or any committee thereof so designated by the

Speaker, in connection with any investigation into the use or disposition of funds, resources

or property within the Boards control or into any other action or in actions of the Board;

f. Promptly respond to any lawful inquiry, order or directive of the Office of Public

Gaming; and

g. Cooperate in any criminal or civil investigation being conducted by the Attorney

General and Lighthorse police, including the furnishing of documents, papers or other

evidence relevant to such investigation in accordance with applicable law.

5. In addition to the foregoing authorities, powers and duties, the Board shall have

the authority, power and responsibility to:

a. Hire, supervise, direct, discipline and terminate the managers of the Nations

gaming facilities;

b. Hire, supervise, direct, discipline and terminate gaming administrative staff,

directors, employees and other subordinate personnel of the Nations gaming facilities,

including without limitation financial managers, assistant facility managers and department

heads; provided that the Gaming Operation Authority Board is authorized to provide

financial compensation to managers, directors, and supervisors of the gaming operations

as the Board determines market conditions demand, and such managers, directors, and

supervisors are exempted from any salary or employee compensation restraints or caps

that otherwise exist under the laws of the Muscogee (Creek) Nation

c. Operate the Nations gaming facilities so as to maximize the return on its

investment therein, in accOrdance with the Nations laws and all other applicable laws, rules

and regulations;

d. Plan and implement plans for the efficient and competitive operation of the

Nations gaming facilities and the marketing of its gaming services to the public;

e. Assure that the Nations gaming facilities are managed and operated in

accordance with the highest standards of integrity, honesty, and fair-dealing;

f. Implement, and require all managers and other personnel to implement, the

policies, procedures, rules and directives of the Gaming Operations Authority Board;
Page 22 of 51

NCAO1-183

g. Report any theft or misuse of funds or property to the Attorney General and

cooperate in any investigation into same by the Attorney General, the Lighthorse police,

and/or federal law enforcement agencies;

h. Delegate to gaming facility managers any of the authorities, powers and

responsibilities set forth in subparagraphs (b)-(g) of this paragraph 5; provided, however,

except as otherwise expressly provided herein, no manager or other gaming employee

shall have the power or authority to enter into any contract, lease or other transaction, or

engage in any other activity referred to in Section 403C(1)-(12) of this Code, unless

specifically authorized by the National Council pursuant to duly adopted Tribal Resolution.

6. The Gaming Operations Authority Board is further authorized to conduct gaming

at the Nations Travel Plazas in accordance with the Nations gaming laws, the rules,

regulations and authorities of the Nations Office of Public Gaming, the regulations of the

National Indian Gaming Commission, the Indian Gaming Regulatory Act and/or other

federal gaming laws applicable to Indian Gaming; provided, however, the Board shall first

negotiate for the use of space within the Travel Plaza with the manager thereof. Any

agreement for the use of such space shall be in writing and signed by the Deputy Director

of Tribal Affairs and the Principal Chief. After execution, copies of same shall be furnished

to the Speaker of the National Council for distribution to its members. Additional gaming

facilities may be opened by the Board only after the approval of new locations by duly

enacted Tribal Resolution of the National Council.

C. Limitations on the Boards Authority: Without first obtaining approval by Tribal

Resolution by the National Council, the Gaming Operations Authority Board shall have no

power to:

1. Enter into contracts for the management of any game, gaming operation or any

portion thereof licensed by and/or subject to the jurisdiction of the Muscogee (Creek)

Nation;

2. Enter into contracts or agreements with a term exceeding one year or which

cannot be performed within one year;

3. Enter into contracts for the construction of buildings or any other improvements

to real property or buildings thereon exceeding $ 50,000;

4. Enter into contracts with any other Indian tribe, Indian tribal gaming authority,

commission or agency, or any unit of federal, state or local government, excepting

contracts for the provision of water, sewer, electricity and other utilities;

5. Enter into leases, or agreements for the use, of real property or space within any

of the Nations gaming facilities;

6. Borrow money or make, accept, endorse or issue bonds, debentures, promissory

notes, mortgages or security agreements or any other instrument of indebtedness or

guaranty;

7. Make private or public donations of money or property;

8. Sue or be sued in any tribal, federal or state court;

9. Hire or engage legal counsel;
Page 23 of 51

NCA 01-183

10. Waive the sovereign immunity of the Muscogee (Creek) Nation for any purpose

whatsoever, or enter into any contract or agreement which contains any provision

purporting to waive the Nations sovereign immunity or which purports to subject the Nation

to the jurisdiction of any tribal, state or federal court;

11. Enter into any contract which, by its terms, violates the Nations gaming laws,

the regulations of the Office of Public Gaming, the regulations of the National Indian

Gaming Commission, the Indian Gaming Regulatory Act or other appUcab~e Federal laws.

12. Have or attempt to exercise jurisdiction or control over any gaming activities

conducted by Chartered Creek Communities. Any contract which by its terms violates any

of the foregoing provisions of this Section C shall be null, void and unenforceable ab initio

in its entirety.

D. Removal of Board Members

1. The members of the Gaming Operations Authority Board shall not be subject

to removal from office at the will and pleasure of the Principal Chief or National Council, but

may be removed from the Board only for any 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:

a. dishonesty, gross misconduct or incompetence in office;

b. willful neglect of duty as evidenced by excessive absences from duly

convened meeting of the Board;

c. conviction of a felony under federal, state, or tribal law;

d. committing any act or engaging in any activity which would constitute a

criminal offense involving dishonesty or moral turpitude under federal, triba or state law;

e. directly or indirectly engaging in any activities or transactions constituting a

conflict of interest under the laws of the Muscogee (Creek) Nation or any other applicable

laws, rules or regulations;

f. being employed by the Muscogee (Creek) Nation or by any other board or

authority of the Muscogee (Creek) Nation or by the Creek Nation Foundation, Inc., or by

a chartered Indian community;

g. willful failure to disclose material information or facts to the Office of Public

Gaming in the Board members application for the individual gaming license as required

hereunder; or

h. revocation of the Board members individual gaming license by the Office of

Public Gaming in accordance with the Nations laws and regulations on the licensing of

gaming employees and officials.

2. A petition for removal hereunder may be filed by the Principal Chief or any

Committee of the National Council with jurisdiction over the Boards affairs upon a majority

vote for removal by such Committee.

3. Any Board member 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 National Council. The Petition shall state the cause or causes for removal with

sufficient particularity to put the accused Board member on notice of the nature of the
Page 24 of 51

NCA 01-1 83

charges against him or her. Both the Petitioner and the Board member so accused shall

have the right to be represented by an attorney at the hearing, provided that the Board

member shall be responsible for paying his or her own attorneys fees and other expenses

in defending the petition. The Petitioner shall be represented by the Attorney General or,

upon the request of the Petitioner, a special prosecutor appointed by the Attorney General.

The National Council shall preside over the removal hearing and receive the evidence.

Removal of the accused Board member shall require a majority vote of the National

Council. The decision of the National Council shall be final and binding on the Muscogee

(Creek) Nation and the Board member, and shall not be subject to judicial review.

E. Meetings of the Board; Open Meetings Requirements

1. Regular meetings of the Gaming Operations Authority Board shall occur bi

monthly at a designated place within the jurisdiction of the Muscogee (Creek) Nation. The

date and time of such regular meetings shall be set by the Chairman, provided that proper

notice is given according to the provisions herein. The Board shall adopt procedures not

inconsistent with this subsection E governing its meetings, which shall address, among

other matters, the election of a Chairman and a Vice-Chairman of the Board.

2. The Chairman (or in his absence, the Vice-Chairman) shall give notice of the time

and place of any regular monthly meeting of the Gaming Operations Authority Board in

writing to each Board member, the Boards attorney, the Attorney General, the Principal

Chief, the Speaker of the National Council, and the Office of Public Gaming, at least five

(5) days before such meeting. Service of said notice may be effected by first class U.S.

mail, facsimile or hand-delivery, and shall be effective on the date of delivery to the official

entitled to such notice or to the office of said officials regular place of business in the case

of hand-delivery or facsimile transmission; or, in the case of notice sent by U.S. mail, 2

days after the notice, in a properly addressed envelope with sufficient postage thereon, is

deposited in the U.S. mail. The date of the postmark on such envelope shall be conclusive

evidence of its date of deposit in the U.S. mail. In addition, such notice of the regular

monthly meeting shall be posted in each of the Nations gaming facilities and at the Tribal

Complex in Okmulgee, Oklahoma, at least three (3) days before such regular meeting.

3. Special meetings of the Gaming Operations Authority Board may be held when

circumstances require such a meeting. Special meetings may be called by the Chairman,

or by a majority of the Board. Notice of special meetings shall be in writing and served on

each Board member, the Principal Chief, the Speaker of the National Council, and the

Office of Public Gaming, at least forty-eight (48) hours before such meeting. Service of

such notices shall be effected by hand-delivery or facsimile and shall be effective upon the

date of delivery to the official entitled to such notice or to the office of said officials meeting

shall be posted in each gaming facility and at the Tribal Complex in Okmulgee, Oklahoma

at least forty-eight (48) hours before such special meeting.

4. Emergency meetings may only be held in the most extraordinary circumstances.

Emergency meetings may be called by giving telephone orfacsimile notice to each member

of the Board, the Principal Chief, the Speaker of the National Council, and the Office of

Public Gaming, provided that no action in an emergency meeting shall have any valid or

binding effect unless ratified at the next regular or special meeting of the Gaming

Operations Authority Board.
Page 25 of 51

NCA 01-183

5. All meetings of the Gaming Operations Authority Board shall require a majority

of the Board members to be present to constitute a quorum and conduct business.

6. AU meeting of the Gaming Operations Authority Board shall be public meetings

and therefore open to the public, except for executive sessions. The Board may exclude

any person from an executive session except the Boards attorney, Principal Chief, Second

Chief, Speaker, Second Speaker, any National Council Representative, representative from

the Attorney Generals Office or the representative of the Office of Public Gaming. The

Board may go into executive session only (1) to discuss personnel issues and matters of

confidentiality that relate to one or more specific employees, or (2) to meet and consult with

the Boards attorney on confidential legal matters. All other matters shall be discussed

audibly to all persons in the room in open session. Executive sessions may only be held

after they have been posted as an item on the agenda for the meeting in which the

executive session is held. The general subject of the executive session must be described

in the posted agenda, and no action by the Board may occur in executive session. It shall

be unlawful for any person present in a meeting held in executive session to make public,

or otherwise disclose or describe to any person not so present, any discussion or

statements made during such executive session. Violation of any of the open meetings

requirements of sub-section E of this section shall constitute a criminal offense punishable

by up to six (6) months imprisonment and/or a $ 500.00 fine. Persons who violate sub

section E shall be subject to expulsion and banishment from the Nations territory.

7. Notice of meetings of the Gaming Operations Authority Board, either regular or

special, shall contain an agenda which describes each item of business to be conducted.

There may be an agenda item for new business which shall only be for gathering of the

Board to discuss Gaming Operations Authority Board business shall be considered a

meeting subject to the requirements stated herein.

8. Minutes of all meeting of the Gaming Operations Authority Board, other than

meetings or portions thereof held in executive session, shall be kept by a recording

secretary. In addition thereto, an audio recording of all meetings shall be made, except for

that part of the meeting in executive session.

9. Any action taken by the Board during a meeting convened or held in violation of

this Subsection shall be null and void.

F. Reporting Requirements Of The Board

1. The Gaming Operations Authority Board shall make written quarterly reports to

the Principal Chief and National Council on the affairs of the Board and those matters they

are responsible for. The Board shall also cause to be delivered to the Principal Chief and

the Speaker of the National Council, monthly financial reports on all gaming revenues,

expenses and expenditures of facilities and/or games subject to the Boards jurisdiction.

The Board shall deliver special reports to the Principal Chief and National Council upon the

request of either.

2. The Board shall be responsible for any and all reports required of them from the

Office of Public Gaming of the Muscogee (Creek) Nation, the rules and regulations of the

National Indian Gaming Commission and/or the Indian Gaming Regulatory Act.
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NCA 01-1 83

SECTION SIX. AMENDMENT NCA 92-162 §~ 401-404,406-434 (as amended by NCA

94-45, NCA 98-61, and NCA 93-02) is hereby amended to be codified as Chapter Five

in Title 21 of the Code of Laws of the Muscogee (Creek) Nation, as follows:

CHAPTER FIVE

RULES OF OPERATION AND GENERAL APPLICABILITY

Section 501.Records, Returns and Audits.

It shall be the responsibility of the Commissioner to promulgate regulations

establishing proper accounting procedures and methods of operation for all licensees of

gaming facilities, including chartered Indian communities, so that all monies or things of

value received and/or paid out may be properly monitored and accounted for. All licensees

of gaming facilities shall be required to keep an approved accounting system, which shall

comply with, but not be limited to all applicable provisions of this code or regulations of the

Commissioner. Said accounting system shall be in accordance with generally accepted

accounting principles and shall reflect all business and financial transactions involved or

connected in any manner with the operation and conducting of activities authorized by this

Code.

Section 502. Licensee Avoidance of Payment of Proceeds.

Any delay, maneuver or action of any kind, which in the opinion of the

Commissioner, is effectuated by any licensee to unlawfully avoid paying the proceeds

properly owing to the Muscogee (Creek) Nation shall constitute grounds for taking any

disciplinary action deemed necessary by the Commissioner, including but not limited to

fining, revoking, suspending, limiting, or refusing to renew the license of any licensee.

Section 503. Production of Records; Hearings.

No applicant, licensee, or employee thereof shall neglect or refuse to produce

records or evidence under their control, or to give information upon proper and lawful

demand by the Commissioner, or shall otherwise interfere with any proper and lawful efforts

by the Commissioner to produce such information. The Commissioner may summon any

licensee or a licensees agents, employees, or suppliers to appear to testify with regard to

the conduct of any licensee or the agents, employees, or suppliers of any licensee. All

such testimony shall be given under oath and may embrace any matters, which the

Commissioner may deem relevant to the discharge of his official duties. Any person so

summoned to appear shall have the right to be represented by counsel. Any testimony so

taken may be used by the Commissioner as evidence in any proceeding or matter before

the Commissioner or the Tribal District Court or, which may later come before the

Commissioner or the Tribal District Court. Failure to so appear and testify fully at the time

and place designated, unless excused, shall constitute grounds for revocation or

suspension of any license held bythe person summoned, his principal, oremployee, orthe

loss of the privilege to further supply any person licensed under this Code.
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Section 504. Dual Employment.

Unless prior written approval is obtained from the Commissioner, no person

employed in the conduct of Public Gaming operating under one license shall be employed

under any other license authorized to operate under this Code.

Section 505. Age Limit for Gaming.

No person, who is under the age of eighteen (18), shall operate nor shall be allowed

to participate in any manner in the operation of any gaming. No person(s) under the age

of sixteen (16) shall be allowed on premises where gaming is being conducted. It shall be

the responsibility of the licensee to enforce the provisions of this section.

Section 506. Licensees shall not play.

No licensee shall be allowed to play any games in any facility for which they are

licensed. Special employee events shall be exempt from this law.

Section 507. Prize Awards.

Every gaming prize awarded during the operation authorized shall be awarded only

to the person(s) actually winning the prize and displaying the proper admission ticket.

Section 508. Operator Control.

In all cases the bingo operator must have and exercise complete control over that

portion of the premises being used for bingo at all times said games are being played. The

licensee or permit holder shall be held liable for any violation of the Code.

Section 509. Location of Games.

Gaming shall be operated and conducted only on the appropriate licensed premises

authorized under this Code.

Section 510. Price-fixing Prohibited.

No manufacturer, distributor, or operator shall by agreement either express or

otherwise with any other manufacturer, distributor, or operator fix the price at which any

device, paraphernalia, machine, equipment, prize or any other items used in connection

with any of the activities authorized under this Code shall be sold or which services in

connection therewith shall be rendered. The price of these items in a competitive market

place shall be established by each manufacturer, distributor, or operator for the products

and services offered by each and shall not be established, directly or indirectly, in concert

with another.
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Section 511. Licensee Responsibility.

Licensees must supervise and be directly responsible for all activities on their

premises authorized by license under this Code, except as specifically outlined in

Management Agreements approved by National Council Tribal Resolution and the

Commissioner. Provided that a tribal entity or the Gaming Operations Authority Board may

contract with one of the Nations wholly owned Tribal Travel Plazas for operation and

supervision of the gaming operation within the particular Travel Plaza of the Nation, subject

to the contract, and any amendments thereto being reviewed and approved by the

Commissioner. Be it further provided, that any such Travel Plaza contract shall in no way

relieve the licensee of any of its duties and responsibilities under the Nations gaming laws

and regulations.

Section 512. Safety and Welfare.

It is the policy of the Commissioner and the Muscogee (Creek) Nation to require that

all establishments, wherein gaming is conducted within the Nation, be operated in a

manner suitable to protect the public health, safety, morals, good order, and general

welfare of the inhabitants of the reservation. Responsibility for the employment and

maintenance of suitable methods of operation rests with the licensee and willful and

persistent use or toleration of unsuitable methods of operation will constitute grounds for

license revocation or other disciplinary actions. All establishments, wherein gaming

operations are to be conducted, must be certified as safe by the Commissioner prior to the

issuance of a license. Any alterations or modifications must be approved by the

Commissioner.

Section 513. Receipt required for income and prizes in gaming.

A. Receipts Required. All income from games shall be receipted by the licensee

at the time the income is received from each individual player, and all prizes shall be

receipted for by the winner of each prize at the time the prize is distributed to each

individual winner.

B. Income Receipts Forms. Income receipt forms shall be supplied by the licensee.

They may be numbered tickets or numbered disposable cards or they may be based upon

a cash register or accounting system if any identification number is on the receipt given to

the customer, which is one of a series of such numbers and a corresponding number is

recorded together with a tecord of the transaction being kept inside the cash register or

accounting system.

C. Cash Register Receipt Requirements.

1. In the event a cash register or accounting system is used, the following

information shall appear upon the receipt given a customer and upon the record being kept
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inside the machine; the name of the licensee operating the activity; the date the transaction

took place, the receipt number; the amount of money paid, or a description of other

consideration paid for the opportunity to play. The information of these transactions shall

be retained with the records of the licensee for a period not less than two (2) years.

2. Each person paying for the opportunity to participate in a game who does not

receive a cash register or accounting system receipt shall be given a ticket or tickets, which

shall be numbered. Each ticket issued shall represent a specific amount of money that

has been paid to the licensee. The amount of money represented by each ticket issued

shall be clearly made known to all players prior to anyone paying to participate in the

activity.

D. Disposable Card Requirements. No disposable card in any game played shall

be a duplicate of any other card in that game. Each disposable card should represent a

specific amount of money which has been paid to the licensee, which amount has been

clearly disclosed to all players in advance of any player participating in the activity. Each

disposable card shall be sold forthe same price, as each otherdisposable card of the same

class being used during any particular bingo game.

E. Recordation of Cards Played. All licensees shall record in its daily records the

set number of each set or portion of a set, which has been used during each bingo game

on each occasion prior to the beginning of each bingo game together with all serial

numbers of the cards.

F. Receipts for Prizes. Receipts for prizes shall contain the following information:

The name of the licensee operating the activity; the date the transaction took place; the

receipt number and the game number, the true name of the winner of the prize; a

description of the prize won and any value of that prize, which has been represented to the

player by the licensee.

G. Identification of Prize Winners. It shall be the responsibility of the licensee to

see that the prize winners of $ 1,200.00 or more are properly and accurately identified upon

the receipt for the prize, and the licensee shall require such proof of identification as is

necessary to properly establish the winners identity. The licensee shall not pay out any

prize of $ 1,200.00 or more unless and until the winner has fully and accurately furnished

to the licensee all information required by this rule to be upon the receipt for the prize.

Prize receipts shall be retained by the licensee as part of its records for a period of not less

than five (5) years.

Section 514. Inspection of Premises.

Any premises licensed or any premises connected physically or otherwise with a

licensed business, including vehicles used in connection therewith, shall at all times be

open to inspection by the Commissioner. At any time during which a licensed gaming or
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related administrative activity is being conducted on a premises, the Commissioner or any

authorized representative of the Commissioner may enter upon the premises without

advance notice and:

A. Make an account of all monies on the premises and all monies received during

the operation of the licensed activity located on the premises, inspect all receipts for prizes

which have been awarded by the licensee;

B. Inspect any other records, accounts or other related information of the licensee,

or of any member who directly participates in the management, operation, or promotion of

a licensed activity; or of any employee of the licensee; or of any operator of the licensed

activity;

C. Inspect, including the dismantling of all pieces of equipment or parts thereof or

devices of any nature, which are being used to conduct the licensed activity.

D. When the Commissioner finds cause to believe that there is a reasonable

probability that the provisions of this Code or any regulations of the Commissioner have

been orare being violatedbythe licensee or its employees oroperators, the Commissioner

may remove, for further inspection or investigation, any and all records, equipment, parts

thereof, devices, or thing(s) of any nature located upon the premises related to the

operation of the licensed activity or any other gambling activity. The Commissioner shall

issue a receipt to the licensee listing each record, equipment or parts thereof, device, or

thing(s) which has been removed from the premises. Each item removed shall be returned

to the premises or the address of the licensee within ten (10) days, except Saturdays,

Sundays, and days when tribal offices are legally closed in as good condition as it was

when it was removed. The Commissioner may retain the items for a longer time period if

it is determined that the items are necessary for an ongoing investigation or evidence of

possible violations of this Code or regulations of the Commissioner, or for possible

forfeiture .

The Commissioner shall notify the licensee of the reasons the property is to be

held past the ten (10) days.

Section 515. Alcoholic Beverages.

No beverage containing alcohol, including but not limited to beer or liquor, shall be

offered or awarded as a prize or in lieu of a prize for winning at any of the activities

authorized by this Code. No alcoholic beverage or beer may be sold or consumed on

gaming facility premises.

Section 516. Firearms.

A. Security Guards. No security guard shall be allowed to carry on gaming

premises pistols, revolvers, rifles, shotguns, B.B. guns, C02 guns, or any other firearms

or air gun capable of discharging dangerous projectiles or gases without prior written
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Commissioner approval. The Commissioner is authorized to issue written approval of the

use of types of firearms specified by the Commissioner by only those security guards who

have received the same minimum law enforcement training requirements that must be met

by Lighthorse officers, including annual training requirements, background checks, drug

tests and a medical examination, or those security guards who possess a current valid

armed security guard license from the Muscogee (Creek) Nation or the State of Oklahoma

Council on Law Enforcement Education and Training (CLEET) or who are off-duty law

enforcement officers of the Muscogee (Creek) Nation, or off-duty officers of a city, county

or state. The Chief of Gaming Security shall develop a use of force policy for armed

security guards that shall be implemented by the licensees of gaming facilities prior to

Commissioner approval to carry a firearm.

B. Law Enforcement Officers. Nothing herein shall be construed to prohibit the

possession of firearms on the gaming premises by any on-duty law enforcement officer of

the Muscogee (Creek) Nation, any on-duty law enforcement officer of Law Enforcement

Services of the Bureau of Indian Affairs, or any on-duty law enforcement officer of a city,

county or the State of Oklahoma.

C. Possession of Firearms on Gaming Premises; Criminal Offense. Except as

authorized in this section, no other person shall be allowed to carry on gaming premises

pistols, revolvers, rifles, shotguns, B.B. guns, C02 guns, or any other firearms or air gun

capable of discharging dangerous projectiles or gases. Violation of this prohibition

constitutes an offense punishable by incarceration for up to one year in jail and up to

$5,000 in fines or both.

Section 517. Credit.

No licensee or any of its members or employees, or any operator conducting or in

any way participating in conducting any activities authorized by this Code or by the

Commissioners regulations, shall allow a person to play that activity on credit or shall grant

a loan of any kind at any time to a person playing the activity.

Section 518. Fraud by Licensee.

No licensee shall, directly or indirectly, in the course of such operation employ any

device, scheme, or artifice to defraud; make any untrue statement of a fact, or omit to state

a fact necessary in order to make a statement not misleading in consideration of the

circumstances under which such statement was made; engage in any act, practice, or

course of operation as would operate as a fraud of deceit upon any person.

Section 519. Licensee shall keep a current copy of the Code and Regulations.

Each licensee shall obtain, maintain, and keep current a copy of the Public Gaming

Code and all regulations of the Commissioner, which shall be located upon the premises
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used for the conduct of a licensed activity by a licensee during all times the activity is

conducted. The regulations shall be produced by the licensee and shown to any person

upon demand. The factthat the licensee may not have a current copy of each of the

regulations of the Commissioner shall not in any way diminish the licensees obligation to

abide by these regulations.

Section 520. No geographic restrictions on contracts.

No manufacturer or distributor shall make or have an agreement or understanding

with any licensee that either of them shall be restricted in the operation and carrying on of

business to a specific geographic area or areas, and such a restriction shall not be a

condition of any sales between manufacturer, distributor and any other licensee. Provided,

that this shall not prevent a distributor or manufacturer from assigning sales territories

among its bona fide representatives.

Section 521. Resident Agent.

Any licensee who is not a Muscogee (Creek) Nation resident or resident corporation

shall designate a natural person, who is a resident living in the Muscogee (Creek) Nation

and who is eighteen (18), years of age or older, as a resident agent for the purpose of

receipt and acceptance of service of process and other communication on behalf of the

licensee. The name and business address where service of process and delivery of mail

can be made, and home address of such designated resident agent shall be filed with the

Commissioner. All licensee agents must be listed with the Commissioner.

Section 522. Progressive Payout.

All licensees conducting games with a progressive payout feature will provide the

Office of Public Gaming, for approval, the system for accumulation and account restrictions

of funds so designated. The procedure and any amendments thereto must receive prior

written approval of the Commissioner.

Section 523. Employee List.

All gaming facility employees must be listed with the Commissioner. Such lists are

to be kept current.

Section 524. Dispute resolution procedures.

Disputes between the gaming patrons and the Muscogee (Creek) Nation (or

management contractor) should first be addressed by the licensee. In the event a

satisfactory conclusion is not reached the Commissioner shall:

A. Respond to signed complaints, If additional information of the circumstances is

needed, a request is to be made by the Commissioner in writing. Additional statements of

individuals, who may be able to substantiate the claim or provide additional relevant data,

shall be encouraged.
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B. Request and review the written statements of the licensee and any employees

or other persons, who may be able to provide relevant data of the circumstances that led

to the dispute.

C. Request and review any records, documents, video or audio tapes, equipment,

or any other information deemed to be relevant by the Commissioner as related to the

dispute.

D. Make a decision of the correctness of the disputed action using facility policy and

procedure, Muscogee (Creek) Nation law, office of Public Gaming Regulations and Federal

law as a guide.

E. Notify the licensee and the patron reporting the complaint of the Commissioners

decision in writing. All decisions of the Commissioner are final.

SECTION SEVEN. AMENDMENT. NCA 01-121 is hereby amended to be codified as

Chapter Six in Title 21 of the Code of Laws of the Muscogee (Creek) Nation, as

follows:

CHAPTER SIX

SECURITY

Section 601. Findings. The National Council finds that:

A. Pursuant to this Title the Office of Public Gaming is empowered to issue

licenses to all qualified personnel employed by the Nations licensee gaming facilities; and

is qualified to regulate the security functions at gaming facilities. The Office of Public

Gaming being a regulatory agency, must not be charged with management or supervision

of security personnel.

B. Providing for security services is a function of the management of an

enterprise and the true costs of providing security to the Nations gaming enterprises must

be reflected in the financial statements of such enterprises.

C. In light of the foregoing, the National Council finds it necessary to assign the

gaming security function to the Gaming Operations Authority Board. The reassignment

must be the least disruptive to the gaming operations and to the security personnel

previously employed by the Lighthorse Administration.

Section 602. Definitions:

A. Security guard means an individual employed at a place of business to protect

persons and property; to prevent trespass, theft, misappropriation, and wrongful

concealment of merchandise, goods, money or other tangible items; and to prevent

violence and infraction of rules.

B. Armed security guard means a security guard authorized to carry a

firearm.

C. Investigator means a person who is employed within the Department of Gaming

Security or other gaming licensee facility for the purpose of observing gaming operations
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for irregular activities such as cheating or theft by either employees or patrons and

conducting investigations into the operation of the business and reporting the results to his

employer.

D. Security personnel means all persons performing investigative or security guard

functions within the Department of Gaming Security or for a gaming licensee facility.

Section 603. Purpose:5

A. The purpose of this Chapter is to assign the responsibility for security services

at the Nations gaming establishments operated by the Gaming Operations Authority Board

to the Gaming Operations Authority Board (GOAB).

B. This Chapter creates a Department of Gaming Security headed by a chief of

security reporting directly to the Gaming Operations Authority Board and subject to such

regulations as the Commissioner may prescribe in accordance with applicable gaming law.

C. This Chapter prescribes the responsibilities, power and authorities of the Chief

of Security and the Department of Gaming Security and authorizes the Gaming Operations

Authority Board to prescribe minimum qualification for the Chief of Security.

D. This Chapter provides the Office of Public Gaming with specific authority and

power to issue security, armed security guard and investigator licenses to all such

personnel employed in any licensee facility subject to the regulatory jurisdiction of the

Office of Public Gaming.

Section 604. Department of Gaming Security.

A Department of Gaming Security is hereby created within the Muscogee (Creek) Nation

Gaming Operations Authority. The Department of Gaming Security shall provide all

security services to each gaming establishment or hail under the management of the

Gaming Operations Authority Board. The Chief of Gaming Security shall manage and

supervise the Department of Gaming Security and shall report directly to the Gaming

Operations Authority Board.

Section 605. Chief of Gaming Security Position.

~ Reference NCA 01-121, § 1-104.A. which provided, The purpose of this act is to

remove from the Lighthorse Administration the security services that it provides to the

Nations gaming establishments pursuant to NCA 93-12 and to assign that

responsibility to the to the Muscogee (Creek) Nation Gaming Operations Authority

Board (GOAB).
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A. The Gaming Operations Authority Board shall develop and approve the minimum

qualifications and job specifications for the position of Chief of Gaming Security and

determine the appropriate compensation and salary range for such position. The Board

shall receive assistance in carrying out this duty from the Office of the Principal Chief and

his personnel director.

B. The Gaming Operations Authority Board shall fill the position of Chief of Gaming

Security no later than September 30, 2001.

Section 606. Chief of Gaming Security Duties. The Chief of Gaming Security shall have

the following duties, powers and authority:

A. To organize the security department and establish necessary and appropriate

levels of supervisory authority and ranks within the department~ subject to the approval of

the Gaming Operations Authority Board;

B. To hire and fire security guards in accordance with the personnel policies and

procedures of the Muscogee (Creek) Nation, subject to final review only by the Gaming

Operations Authority Board;

C. To prescribe the uniforms to be worn by the security guards, subject to the

approval of the Gaming Operation Authority Board;

D. To design and adopt a distinctive badge and insignia to be worn by security

personnel, subject to the approval of the Gaming Operation Authority Board;

E. To develop posting orders relative to their respective halls after consultation

with the manager of each gaming establishment or hall, subject to review and approval by

the Commissioner. Posting orders shall specify whethera post requires an armed security

guard, and, if so, written justification for having an armed security guard shall be provided

to the Commissioner.

F. To provide sufficient security personnel as required by each Gaming

establishment or hail, and provide an investigator when conditions warrant.

G. To adopt existing job descriptions and qualifications for security personnel

and to revise the same from time to time, subject to the approval of the Gaming Operation

Authority Board (GOAB).

H. To adopt the existing pay grade and salary structure for security personnel

and to revise the same from time to time, subject to the approval of the Gaming Operations

Authority Board.

To promulgate, subject to the approval of the Gaming Operations Authority

Board and review by the Office of Public Gaming, policies, procedures and protocol for
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security personnel in public relations, contacts with patrons, and intervention or detention

of any patron or employee.

J. To ensure that all security personnel have completed or will complete the

minimum training requirements for licensing approved by the Office of Public Gaming.

Section 607. Limitations and Restrictions. The following are limitations or restrictions

on the powers and duties of the Chief of Gaming Security and activities within the

Department of Gaming Security.

A. The uniforms adopted shall be distinctively recognizable as security and not as

Lighthorse or other police department.

B. The badges and uniforms shall have the words Security, Security Officer,

or Security Guard in connection with the words Muscogee (Creek) Nation Gaming

Authority in bold letters.

C. All vehicles used by security guards, or armed security guards in the performance

of their duties shall bear the words Security or Guard, if marked, or both. No vehicle shall

be equipped with a siren, a lamp with a siren, a lamp with a red or blue lens facing the front

of the vehicle, nor an overhead light or lights with red or blue lenses.

D. No person shall be employed as a security guard, armed security guard or

investigator who is not licensed or conditionally licensed as such by the Commissioner.

Section 608. Transfer of Security Personnel.

As soon as practical after there has been employed a Chief of Gaming Security by

the Gaming Operation Authority Board, any personnel employed as gaming security guards

within the Lighthorse Administration shall be transferred to the Muscogee (Creek) Nation

Gaming Operations Authority Security Department. All employees so transferred shall

continue to be Muscogee (Creek) Nation employees so far as pay and accrued benefits are

concerned and no such employee shall lose any benefits by reason of such transfer. The

Gaming Operation Authority Board shall report to the National Council their

recommendations as to the future status of security guards as employees of the Nation or

of the Gaming Operation Authority Board with the benefits thereof.

Section 609. Security Budget.

A. Effective upon the hiring of a Chief of Gaming Security by the Gaming

Operations Authority Board the unexpended funds appropriated under the Muscogee

(Creek) Nations FY2001 comprehensive budget shall be transferred to Gaming Security

Department of the Muscogee (Creek) Nation Gaming Operations Authority Board to be

administered by the Office of the Controller of the Muscogee (Creek) Nation. The

Controller is authorized to make the necessary changes to reflect the transfer and to report

said changes to the National Council, Lighthorse Administration, and the Gaming Operation

Authority Board.
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B. The Gaming Security Department Chief shall have authority to approve of all

expenditures authorized by appropriations acts for security and to recommend to the

Gaming Operations Authority Board (GOAB) for their approval changes to the Security

Department line items within allowed limits in accordance with applicable appropriations

acts. The Gaming Operations Authority Board shall have final authority for such changes.

Any shortfall in the FY2001 budget for gaming security shall be made up by an increased

hourly billing rate to the gaming facilities.

C. In fiscal year 2002 and thereafter, the Department of Gaming Security shall be

funded entirely by the revenues of the Gaming establishments served. Each gaming facility

shall bear the costs for all direct and indirect costs for security services provided to it by the

Department of Gaming.

D. The Gaming Operations Authority Board and the Chief of Gaming Security shall

receive technical assistance from the Muscogee (Creek) Nation Office of Controller in all

fiscal matters required to carry out the transfer of security out of Lighthorse Administration.

Section 610. Lighthorse assistance in licensing standards.

Lighthorse Administration may serve in an advisory capacity to the Commissioner

in preparing minimum standards for licensing security guards and provide assistance to the

Gaming Security Chief in qualifying armed security guards on the firing range. Lighthorse

Administration shall be reimbursed by the agency or department assisted for out-of-pocket

expenses incurred.

Section 611. Security.

Licensees shall provide for their facility security, provided, that contracts are

reviewed and security plans, or amendments thereto are approved by the Commissioner

prior to implementation. In addition to the foregoing, the Commissioner shall have the

following powers and duties regarding security guards and investigators employed to work

in any licensee facility.

A. To promulgate rules and regulations for the applications for and issuance of

licenses to security guards and investigators employed in a licensee facility in accordance

with, but not limited to all requirements contained in this section.

B. To issue a regular license and identification card to each person authorized by

him to be employed as security personnel in a licensed facility, upon satisfaction of all

requirements for the issuance of a regular license.

C. To issue a temporary license to any person to be employed as a security guard

or investigator who is duly licensed in another recognized jurisdiction, provided that an

Oklahoma State Bureau of Investigation records check and a local records check reveal

no felony convictions, criminal convictions involving moral turpitude, or any other

disqualifying convictions as specified herein or prescribed by the Commissioner, pending
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completion of the criminal history and background check and verification of training and

experience necessary for the issuance of a regular license. A temporary license holder

shall not carry a firearm in the performance of his duties until he has been issued a regular

license.

D. To issue a conditional license to a person employed as a trainee for a security

guard, armed security guard, or investigator position, when such person has submitted a

properly completed application, made under oath, subject to the following conditions:

1. A conditional license shall authorize such employee to perform the same functions

that regular licensees perform, but subject to supervision of the holder of a regular license

as the Commissioner may prescribe.

2. The holder of a conditional license shall complete the necessary training

requirements within one hundred eighty (180) days from the effective date of the

conditional license, after which the conditional license shall expire.

3. The holder of a conditional license as an armed security guard shall not carry a

firearm in the performance of this duties until he has completed a course in firearms

training, as prescribed by the Commissioner, and has been issued a regular license.

4. A conditional license may be renewed at the discretion of the Gaming

Commissioner, if necessary to complete any training required for a regular license.

5. When the Gaming Commissioner finds that a conditional license holder has

completed the required training and is otherwise qualified for a license pursuant to the

provisions of this section, the Commissioner shall issue such person a regular license.

E. To deny, suspend or revoke any license and identification card issued pursuant

to this act based on, but not limited to, the following reasons:

1. Any erroneous or false statement in an application for license submitted pursuant

to this act.

2. A conviction for any offense involving any felony, any offense involving moral

turpitude, any offense involving a minor as a victim, any offense involving the possession,

use distribution or sale of a controlled dangerous substance; or a plea of guilty or a plea

of no contest to any of the same in any court of competent jurisdiction.

3. Use of beverages containing alcohol or being under the influence of such

beverages or use of any while armed with a firearm, or while performing his or her duties

as a security person.

4. Knowingly impersonating a law enforcement officer.
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5. Failure to successfully complete any prescribed course of training as required by

the Commissioner; and

6. Willfully making any false report to his employer or to anyone as required by this

act.

7. Disclosure of any information gained by him in his employment, except as his

employer may direct or as he may be required by law to disclose.

F. The Commissioner shall require that the Muscogee (Creek) Nation Gaming

Authority Security Department, each security agency, or licensee facility employing a

security guard shall at all times keep the Office of Public Gaming and the Lighthorse

Administration informed in writing of the name of each security guard, armed security guard

or investigator who shall be on duty, the post and the hours of duty at such post.

Section 612. Travel Plaza Security.6

Licensees operating within Travel Plazas wholly owned as enterprises of the

Muscogee (Creek) Nation may contract with the Travel Plaza for the gaming facility security

to allow the security of the Nations Travel Plaza to also serve as the security for the

gaming operation licensee within the Travel Plaza, provided that such contracts and

amendments thereto, and security plans are reviewed and approved by the Commissioner.

SECTION EIGHT. NEW LAW Chapter Seven in Title 21 of the Code of Laws of the

Muscogee (Creek) Nation, shall be entitled Lotteries and shall be reserved, as

follows:

CHAPTER SEVEN

LOTTERIES. RESERVED.

SECTION NINE. AMENDMENT NCA 92-216 is hereby amended to be codified as

Chapter Eight in Title 21 of the Code of Laws of the Muscogee (Creek) Nation, as

follows:

CHAPTER EIGHT

OFF-TRACK AND PARIMUTUEL BETTING

Section 801. Definitions.

As used in this chapter, unless the context otherwise requires:

A. Off-track pan-mutual system means a computerized system, or component of

6 Reference NCA 92-162 § 405, as amended by NCA 98-61.
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such a system, that is used with regard to an interstate parimutuel pool to transmit

information such as amounts wagered, odds and payoffs on races.

B. Off-track pan-mutual wagering means any pan-mutual system of wagering

approved by the Muscogee (Creek) Nation for the acceptance of wagers on races or other

sporting events which take place outside of this Nation.

C. Operator of a system means a person engaged in providing an off-track panmutual system.

D. Pan-mutual system of wagering means any system whereby wagers with

respect to the outcome of a race or other sporting event are placed in a wagering pool

conducted by a person licensed or otherwise permitted to do so under Muscogee (Creek)

Nation law, and in which the participants are wagering with each other and not against that

person. The term includes off-track pan-mutual wagering.

Section 802. Licenses required.

A. A Class P license is required for all persons who:

1. operates, conducts or maintains in this Nation, any form of wagering under the

pan-mutual system on any racing or sporting event;

2. is an operator of a system;

B. Where any othertribal license is required to conduct a racing or sporting event,

that license must first be procured before the pan-mutual system of wagering may be

licensed in connection therewith.

C. Political jurisdictions may not enact license-fee on horse racing and may not

levy tax admission to races. This law vests exclusive control of conduct of horse racing in

the Commissioner and prohibits any political jurisdiction from enacting any license-fee on

conduct of such race meetings or on pan-mutual wagering in connection therewith; and levy

of tax on admission of patrons of track is prohibited.

Section 803. Wagering.

Wagering must be conducted only by the licensee at the times determined by the

Commissioner and only:

1. Within the enclosure wherein the race or other sporting event which is the subject

of the wagering occurs; or

2. Within a licensed gaming establishment which has been approved to conduct off

track pan-mutual wagering.
Page 41 of 51

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Section 804. Admission Charges.

The Commissioner may set by regulation the admission charges to patrons for off-track or

pan mutual betting.

Section 805. Off-track and pan-mutual wagering agreements.

A. The Gaming Operations Authority Board may negotiate, subject to the approval

of the Muscogee National Council, an agreement relating to off-track pan-mutual wagering

with:

1. A person who is licensed or otherwise permitted to operate a wagering pool in

another state; and

2. A person who is licensed as an operator of a system.

Section 806. Regulations governing off-track pan-mutual wagering.

The Commissioner after consultation with the Gaming Operations Authority Board,

may adopt regulations for:

A. The conduct by a licensee of off-track pan-mutual wagering on a race or sporting

event; and

B. The approval of the terms and conditions of any agreement between a licensee

and an agency of the state in which the race or event takes place or a person licensed or

approved by that state or tribe to participate in the conduct of the race or event or the, panmutual system of wagering thereon.

Section 807. Sharing of revenue.

No person or governmental agency from outside this Nation may receive any

commission or otherwise share in the revenue from the conduct of off-track pan-mutual

wagering in this Nation without the approval of the Commissioner. The Commissioner may

approve any such person or governmental agency after such investigation as the

Commissioner deems proper.

Section 808. Place for conducting and public viewing of wagering.

A licensee conducting any form of pan-mutual wagering provided for in this chapter

shall provide a place or places in the meeting grounds or enclosure or the licensed gaming

establishment which has been approved to conduct off-track pan-mutual wagering:

A. At which the licensee may conduct, operate and supervise the wagering.
Page 42 of 51

NCA 01-183

B. Where the progress of the betting and the odds paid may be open to public view.

Section 809. Limitation on wager by agent; off-track wagering by agent prohibited.

A pan-mutual wager placed at the enclosure where the wagered race or event is

conducted may be made by an agent if the principal is present on the premises. All off-track

pan-mutual wagering must be done by a principal.

SECTION TEN. NEW LAW. Chapters Nine and Ten of this Title are hereby reserved

as follows:

CHAPTER NINE

RESERVED

CHAPTER TEN

RESERVED

SECTION ELEVEN. AMENDMENT. NCA 92-162 Section 901 is hereby amended to be

codified as Chapter Eleven, Section 1101 in Title 21 of the Code of Laws of the

Muscogee (Creek) Nation, as follows:

CHAPTER ELEVEN

ENFORCEMENT PROVISIONS

Section 1101. Policy.

It is hereby declared to be the policy of the Muscogee (Creek) Nations recognizing

the close relationship between professional gambling and other organized crime, to restrain

all persons from seeking profit from unlicensed gambling activities in this Nation; to restrain

all person from patronizing such activities when conducted for the profit of any person; to

safeguard the public against the evils induced by common gamblers and common gambling

houses; and at the same time to preserve the freedom of the press; and to avoid restricting

participation by individuals in sport and social pastimes which are not for profit, do not affect

the public and do not breach the peace. All the provisions of this title shall be liberally

construed to achieve these ends, and administered and enforced with a view to carrying out

the above declaration of policy.

SECTION TWELVE. NEW LAW. The following new law, to be codified as Chapter

Eleven, Sections 1102 to 1114 in Title 21 of the Code of Laws of the Muscogee (Creek)

Nation, as follows:7

Legislative history NCA 92-162 §~ 903-
Page 43 of 51

NCA 01-183

Section 1102. Participating in Unlicensed Gambling.

A. It shall be a crime to:

1. engage in, solicit, or induce another to engage in unlicensed gambling; or

2. engage in or knowingly cause, aid, abet, or conspire with another to engage in

unlicensed professional gambling.

B. It shall be an affirmative defense for a natural person to participate an any game,

wager or transaction which is incidental to a bona fide social relationship, is participated in

by natural persons only, and in which no person is participating, directly or indirectly, in

unlicensed professional gambling. This crime shall be punishable by incarceration for up

to one year in jail and up to $5,000 in fines or both.

Section 1103. Possession of Unlicensed Gambling Device.

It shall be a crime to knowingly own, manufacture, possess, buy, sell, rent, lease,

store, repair or transport any unlicensed gambling device, or offer or solicit any interest

therein; whether through an agent, employee or otherwise. If a person is also in possession

of an unlicensed gambling record, such person shall be presumed to be in knowing

possession of the gambling device. This crime shall be punishable by incarceration for up

to one year in jail and up to $5,000 in fines or both.

Section 1104. Gambling Premises.

A. It shall be a crime to own, lease, employ, operate, occupy, or otherwise knowingly

maintain, aid, or permit an unlicensed gambling premise. This crime shall be punishable by

incarceration for up to one year in jail and up to $5,000 in fines or both.

B. All unlicensed gambling premises are common nuisances and shall be subject to

abatement by injunction or as otherwise provided by law. In any action brought under this

subsection the plaintiff need not show damages and may, in the discretion of the court, be

relieved of all requirements as to giving security.

C. When any property or premise is determined to be an unlicensed gambling

premise, an owner, who does not have knowledge of the illegal use, shall have the right to

terminate all interest of anyone holding the same under him.

D. When any property or premise for which one or more licenses, permits, or

certificates issued by the Commissioner are in effect is determined by the District Court of

the Muscogee (Creek) Nation to be a gambling premise all such licenses, permits, and

certificates shall be void, and no license, permit, or certificate so cancelled shall be reissued

for such property or premise for a period of six (6) months thereafter. Enforcement of this

subsection shall be the duty of the Commissioner, the Muscogee (Creek) Nation Tax

Commissioner, and any other taxing or licensing official of this Nation.
Page 44 of 51

NCA 01-1 83

Section 1105. Operating without a license.

It shall be a crime to engage in gaming activities without the appropriate license, in

violation of the terms imposed on the license, or in violation of this Title or Commissioner

regulations. Each day of violation shall constitute a separate count or violation of this Title.

This crime shall be punishable by incarceration for up to one year in jail and up to $5,000

in fines or both.

Section 1106. Property Subject to Forfeiture.8

The following property is subject to forfeiture by the Muscogee (Creek) Nation:

1. All unlicensed gambling devices;

2. All property, including money and other things of value, used in connection with

professional gambling or maintaining a gambling premise;

3. All real property, including any right, title, and interest in the whole of any lot or

tract of land and any appurtenance of improvement thereto, which is used, or intended to

be used, in any manner or part in connection with unlicensed professional gambling; and

4. Winnings received in violation of this Code.

Section 1107. Forfeiture Proceedings.9

A. The Commissioner or a Muscogee (Creek) Nation Lighthorse Officer may seize

any item subject to forfeiture immediately upon detection.

B. Property taken or detained under this section shall not be repleviable, but shall be

deemed to be in the custody of the Office of the Attorney General of the Muscogee (Creek)

Nation, subject only to the orders and decrees of the Court. All seized property shall be held

as evidence until the Attorney General files a notice of seizure and intended forfeiture with

the District Court of the Muscogee (Creek) Nation or the property is released.

C. Notice shall be given to all owners of the seized property. Anyone contesting the

forfeiture of the property shall answer the notice with a verified petition within forty-five (45)

days after notice been received. If at the end of forty-five (45) days there is no verified

answer on fie, the Court shall hear evidence upon the fact of the unlawful use and shall

order the property forfeited to the Muscogee (Creek) Nation, if such fact is proved. If a

verified answer is filed, the forfeiture proceedings shall be set for hearing.

D. At a hearing in a proceeding against real property seized in accordance with this

Code, the proof of the unlawful activity shall be satisfied by the Muscogee (Creek) Nation

8

Legislative History NCA 92-162, §904

9Legislative history NCA 92-162, §904
Page 45 of 51

NCA 01-183

by a preponderance of the evidence. The claimant of any right, title, or interest in the

property may prove his lien, mortgage or conditional sales contract to be a bona fide or

innocent ownership interest and that his right, title, or interest was created without any

knowledge or reason to believe that the property was being, or was to be, used for the

purpose charged. In the event of such proof, the Court shall order the property released to

the bona fide or innocent owner, lien holder, mortgage, or vendor if the amount due him is

equal to, or in excess of, the value of the property as of the date of the seizure, it being the

intention of this section to forfeit only the right, title, or interest of the purchaser. If the

amount due to such person is less than the value of the property,. or if no bona fide claim is

established, the property shall be forfeited to the Muscogee (Creek) Nation and sold under

judgement of the Court, as on sale execution, in accordance with law.

E. All property forfeited shall be destroyed, sold at public auction, or utilized by the

Office of Public Gaming. Bona fide liens against property so forfeited shall, on good cause

shown by the lienor, be transferred from the property to the proceeds of the sale of the

property. Forfeited monies and other proceeds realized from the enforcement of this

subsection shall be paid into the general funds of the Muscogee (Creek) Nation and

deposited in the Treasury of the Muscogee (Creek) Nation.

Section 1108. Sanctions.

Any licensee who violates any of the provisions of this Code, Office of Public Gaming

regulations, or conditions of their license shall be in violation of the Code and, in addition to

any criminal liability, is subject to a civil fine not to exceed $1,000 per violation. Each day

of violation shall constitute a separate violation of this Code. Licensees who violate the

Code or Office of Public Gaming regulations may have their licenses suspended, revoked,

or limited. Establishments in violation of this Code or Office of Public Gaming regulations

may be forcibly closed. All such action shall be taken at the discretion of the Commissioner.

Section 1109. Administrative Enforcement Proceedings

A. Service of Notice.

1. The Commissioner shall initiate enforcement proceedings for any violation of

this Code or Office of Public Gaming regulations by serving on the person or the designated

service agent of said person a Notice of Violation.

2. When the Commissioner denies a person a gaming license he shall serve that

person with a Notice of Denial of Gaming License.

B. Contents of Notice.

1. The Notice of Violation shall state with reasonable particularity the nature of

the violation or violations, the section or sections of this Code or of the Office of Public

Gaming Regulations that the respondent has violated, and the action which the respondent

must take to remedy the violation(s). The Code shall also state that all such remedia

action(s) must be completed within 10 days failing which, the Commissioner may take one
Page 46 of 51

NCA 01-1 83

or more of the actions described in subsection C of this section as appropriate to the nature

of the violation. The Notice shall also state that the period for taking any remedial action

may be extended for good cause at the sole discretion of the Commissioner for up to 60

additional days beyond the initial 10-day period, but no further extensions shall be allowed.

The Notice of Violation shall also state that, in lieu of taking such remedial action, the

respondent may serve on the Commissioner a written Notice of Protest and Request for

Hearing to demonstrate why no violation has occurred and/or why the proposed remedial

action is incorrect or unauthorized in whole or in part.

2. The Notice of Denial of Gaming License shall state with reasonable particularity

the nature of the denial including any applicable section or sections of this Code or of the

Office of Public Gaming Regulations. The Notice of Denial shall also state that the

respondent may serve on the Commissioner a written Notice of Protest and Request for

Hearing to demonstrate why the Commissioners decision is incorrect or unauthorized in

whole or in part.

C. Types of Enforcement Actions. The Notice of Violation required in sub-section

B of this section shall include a description of the actions which may be taken by the

Commissioner and the respondents potential liability for civil fines and criminal prosecution,

as appropriate to the nature of the specific violation involved, including without limitation the

penalties specified in Section 1108 of this Code and any other penalties specified in this

Code or the Criminal Offenses Code of the Muscogee (Creek) Nation.

D. Remedial Action; Notice of Protest and Request for Hearing. Upon receipt

of the Notice of Violation, the respondent shall take all remedial action described therein

within the time allowed or, in lieu of taking such remedial action, shall serve upon the

Commissioner the written Notice of Protest and Request for Hearing described in subsection

B. of this Section.

E. Notice of Hearing on Proposed Enforcement and/or Penalties. In the event

any respondent who has been served with a Notice of Violation fails to take all remedial

action stated therein within the time allowed or to request a hearing as provided by

subsection D. of this Section, the Commissioner shall serve such respondent or the

respondents service agent with a Notice of Hearing on Proposed Enforcement and/or

Penalties. Said Notice shall state the time and place of the hearing, the amounts of any

proposed fines or other penalties, and/or describe any other enforcement action authorized

hereunder, including without limitation, revocation or suspension of any license and the

closure of the gaming facility. The Notice shall also state that if the respondent fails to

appear and show cause why the proposed enforcement action should not be taken or the

proposed fines and/or penalties assessed, then the respondent shall be conclusively

deemed to have confessed to the violation(s) described in the Notice of Violation and that

the proposed enforcement action and/or fines or penalties shall be taken and/or assessed

against the respondent, without right of judicial review.

F. Hearing. The hearings authorized in this section shall be informal. The

respondent shall be afforded the opportunity to explain and/or show cause to the

Commissioner why no violation has occurred and/or why the proposed enforcement, fine
Page 47 of 51

NCA 01-1 83

or other penalty, or license denial is incorrect or unauthorized under this Code. The

respondent may be represented by counsel and the Commissioner may request attendance

by the Office of the Attorney General in an advisory capacity. The Commissioner may

render his decision at the conclusion of the hearing or at any time thereafter. The

Commissioner may, in his discretion, postpone his decision in order to further investigate

the violation and/or formulate the appropriate enforcement action and/or fine or penalty.

G. Commissioners Decision. The Commissioners order and decision rendered

after the hearing shall be in writing and shall state, as appropriate, the following:

1. The nature of any violation(s) of this Code;

2. The sections of this Code violated by the respondent;

3. Whether any license acquired by the respondent shall be revoked suspended,

limited, or denied and, if so, the date on which the revocation, suspension, limitation or

denial shall be effective and the duration of any suspension or limitation so ordered;

4. The amount of any fine or penalty assessed;

5. Any other enforcement action, conditions or requirements which the Commissioner

may impose consistent with this Code; and

6. A statement that the respondent possesses appeal rights pursuant to Section

1110 of this Code and that the respondent may seek review of the Commissioners decision

by filing a Petition for Review of the Commissioners decision with the District Court of

Muscogee (Creek) Nation within 30 days of said decision, failing which the decision shall

be final and not subject to judicial review.

Section 1110. Judicial Review of Commissioners Decision.

A. Petition for Review. Any person found by the Commissioner to have violated

any provision of this Code or Office of Public Gaming Regulation after hearing may seek

review of the Commissioners decision by filing a Petition for Review of the Commissioners

decision with the District Court of Muscogee (Creek) Nation within 30 days of said decision,

failing which the decision shall be final and not subject to judicial review. The

Commissioner shall promptly file the full record of the proceeding, including the notice of

appeal, with the Muscogee (Creek) Nation District Court.

B. Standard for Review. In hearing the appeal, the Muscogee (Creek) Nation

District Court shall give proper deference to the administrative expertise of the

Commissioner. The Muscogee (Creek) Nation District Court shall not set aside, modify, or

remand any determination by the Commissioner unless it finds that the determination is

arbitrary and capricious, unsupported by substantial evidence or contrary to law.
Page 48 of 51

NCA 01-1 83

C. Legal Representation. The Petitioner may be represented by counsel in any

proceeding or review by the District Court, and the Commissioner shall be represented by

the Attorney General.

D. District Court Decision. The Muscogee (Creek) Nation District Court shall issue

a written decision on all appeals. In no event shall the Court be authorized to award or order

the payment of damages orto fashion any remedy against the Commissioner. In the event

that the District Court affirms the decision of the Commissioner or the Muscogee (Creek)

Nation, the Court shall award costs and a reasonable attorneys fee to the Office of Public

Gaming with the provision that any part of the attorneys fee collected shall be paid to the

Controller for use by the Office of the Attorney General.

E. Appeal to Supreme Court. If the petitioner receives an adverse decision from

the District Court, then the petitioner may appeal to the Muscogee (Creek) Nation Supreme

Court within thirty (30) days after the District Court enters the decision. The appeal shall be

limited to the record on appeal. The decision of the Muscogee (Creek) Nation Supreme

Court shall be final.

Section 1111. Judicial Action by Commissioner.

The Commissioner is hereby authorized to commence an action to collect any fines

owed pursuant to this Code, and may seek any civil remedies, including but not limited to

garnishment, attachment, and execution, for the collection of any monies due to the Nation.

Such action shall be commenced in the District Court of the Muscogee (Creek) Nation.

Violation of orders of the Court shall be punishable by civil contempt, including fines and/or,

in the event that the contemptor is an Indian, imprisonment. In the event the Court awards

judgment in favor of the Commissioner, the Court shall award costs and reasonable

attorneys fee to the Office of Public Gaming with the provision that any part of the attorneys

fee collected shall be paid to the Controller for use by the Office of the Attorney General.

Section 1112. Service of Notices and Other Documents

Any notice or other document required to be served hereunder shall be handdelivered to the person to be served or sent by certified mail to the office or place of

business of said person to be served. In the case of service by mail, service shall be

complete upon the date of receipt or refusal to accept delivery by certified mail.

Section 1113. Finality of Commissioner or Court Action.

Any final finding or determination of the Commissioner not timely appealed, any final

and unappealed determination of the Muscogee (Creek) Nation District Court, and any final

Muscogee (Creek) Nation~ Supreme Court decision in proceedings pursuant to appeal shall

be final and binding in any other proceeding against or by the same person before the

Commissioner or the District Court of the Muscogee (Creek) Nation.
Page 49 of 51

NCA 01-1 83

Sectionl 114. Identity of Informant.10

The Commissioner may refuse to reveal, at any court proceeding, the identity of any

informant, if such revelation would subject the informant to bodily harm.

SECTION THIRTEEN. AMENDMENT NCA 92-162 § 1004 (as amended by NCA 94-45

§108), §~1005-1006, and §1010 are herebyamended to be codified as ChapterTwelve

in Title 21 of the Code of Laws of the Muscogee (Creek) Nation, as follows:

CHAPTER TWELVE

REVENUES AND AUDITS

Section 1201. Proprietary Interest.

The Muscogee (Creek) Nation shall have the sole propriety interest and responsibility

for the conduct of any gaming operations.

Section 1202. Use of Net Revenues.

Net revenues from any tribal gaming are not to be used for purposes other than (1)

to fund tribal government operations or programs; (2) to provide for the general welfare of

the Muscogee (Creek) Nation and its citizens; (3) to promote tribal economic development;

(4) to donate to charitable organizations; or (5) to help fund operations of local government

agencies.

Section 1203. Audits

Annual outside audits of gaming activities, which shall insofar as possible be

encompassed within existing systems and procedures, shall be provided by the Controller

of the Muscogee (Creek) Nation tothe Chairman of the National Indian Gaming Commission

in Washington, D.C., and all contracts for supplies, services or concessions for a contract

amount in excess of $25,000 annually (excluding contracts for professional legal or

accounting services) relating to such gaming shall be subject to such independent audits.

Section 1204. Conduct of Operations.

The Commissionerof Public Gaming, Speakerof the National Council, and members

of the Gaming Operations Authority Board shall take every measure necessary to insure

that the Muscogee (Creek) Nation has conducted its gaming activity in such a manner which

has resulted in an effective and honest accounting of all revenues; and has resulted in a

10Legislative History NCA 92-162 §205
Page 50 of 51

NCA 01-1 83

reputation for safe, fair and honest operation of the activity; and has been generally free of

evidence of criminal or dishonest activity; and insure that the Muscogee (Creek) Nation has

adopted and is implementing adequate systems for accounting for all revenues from gaming

activities, for investigation licensing and monitoring of all employees of the gaming activities,

and for investigation, enforcement and prosecution of violations of Muscogee (Creek) Nation

gaming laws and regulations, and has conducted the operations on a fiscally and

economically sound basis.

SECTION FOURTEEN. AMENDMENT NCA 92-162 § 108 is hereby amended to be

codified as Chapter Thirteen in Title 21 of the Code of Laws of the Muscogee (Creek)

Nation, as follows:

Section 1301. Repealer. NCA82-33, asamended, NCA84-04, asamended, NCA85-74,

and NCA 88-51 NCA 89-84, as amended, NCA 91-102 §~ 100-102, NCA 92-118, NCA 92-

207, NCA 92-217 NCA 98-04 § 100-102,105 NCA 98-61 § 100-102, 104,, NCA 93-02 §

100-102, NCA 94-45 § 100-101, NCA 92-162 §~ 106, 110, 205, 209-214, 903-908, 1001-

1003, 1007, 1009, 1101, 1102, NCA 91-102 § 100-102, and NCA 93-103, are hereby

repealed. All other laws, ordinances and resolutions or parts of laws, ordinances and

resolutions inconsistent with the provisions of this Code, and existing as of the effective date

of this Act, are hereby repealed.

Repeal by this Code of any law, ordinance or resolution or any parts of law, ordinance or

resolution shall not have the effect of reviving any prior law, ordinance or resolution

theretofore repealed or suspended by such repealed Code, nor shall this repeal have the

effect of nullifying any regulation of the Commissioner issued under previous ordinances or

laws which is authorized by this Code, nor shall this repeal have the effect of interrupting the

term of the current Commissioner of Public Gaming, nor shall this repeal have the effect of

interrupting any license issued by the Commissioner or any responsibilities thereunder.

SECTION FIFTEEN. EFFECTIVE DATE. THIS ACT SHALL BE EFFECTIVE ON

FEBRUARY 1,2002.; PROVIDED THAT IN THE EVENT THAT THE NATIONAL GAMING

INDIAN REGULATORY COMMISSION DISAPPROVES ANY PORTION OF THIS ACT

THAT IS SUBJECT TO SAID COMMISSIONS APPROVAL AUTHORITY, THEN SAID

DISAPPROVAL SHALL HAVE NO EFFECT ON ANY OTHER PROVISION IN THIS ACT;

PROVIDED FURTHER, THAT IN THE EVENT THAT THE NATIONAL INDIAN GAMING

REGULATORY COMMISSION DISAPPROVES THIS ACT IN ITS ENTIRETY, THEN THIS

ACT SHALL HAVE NO EFFECT ON ANY OF THE LAWS OF THE MUSCOGEE (CREEK)

NATION EXPRESSLY AMENDED OR REPEALED BY THIS ACT.

ENACTED by the Muscogee (Creek) National Council on this ~ day of October 2001
Page 51 of 51

NCA 01-183

IN WITNESS WHEREOF, the Speaker of the Muscogee (Creek) National Council has

hereto attached his signature.

~69~

Wilbur Gouge, SpeaI~(

National Council

Muscogee (Creek) Nation

CERTIFICATION

I, the undersigned, certify that the foregoing is a true extract from the minutes of the

Muscogee (Creek) National Council comprised of twenty-six members with Nineteen

members attending this meeting on the ~ day of October 2001 and that the above is in

conformity with the provisions therein adopted by a vote of i~ in favor, ~ against, ~

abstentions, (one representative out of seat at time of casting of votes), and that said Law

has not been rescinded or amended in any way and the above is the signature of the

Speaker of the National Council.

~?

Kristie A. Harjo, Acting Record~ Secretary

Muscogee (Creek) National Council

APPROVAL

I, the Principal Chief of tl7e Muscogee (Creek) Nation, hereby affix my signature this

( of fi1,~2(/ , 2001, to the above Law, NCA 01-183, authorizing it to

become a Law under Article VI., Section VI., of the Constitution of the Muscogee (Creek)

Nation.

/

Perry B~Principal Chief

Muscogee (Creek) Nation