AUG 1 0 1995 

Lawrence F. Snake, President 

Delaware Tribe of Western Oklahoma 

P.O. Box 825 

Anadarko, OK 73005 

Dear President Snake: 

This letter responds to your request to review and approve 

the tribal gaming ordinance, Resolution No. 95-33, adopted on 

July 13, 1995, by the Delaware Tribe of Western Oklahoma (Tribe). 

This letter constitutes such approval under the Indian Gaming 

Regulatory Act (IGRA) . Under the IGRA and the regulations of the National Indian 

Gaming Commission (NIGC), the Chairman is directed to review 

ordinances with respect to the requirements of the IGRA and the 

implementing regulations. Thus, the scope of the Chairman's 

review and approval is limited to the requirements of the IGRA 

and the NIGC regulations. ~rovisions other than those required 

under the IGRA or the NIGC regulations that may be included in a 

tribal ordinance are not subject to review and approval. Also, 

such approval does not constitute approval of specific games. It 

is important to note that the gaming ordinance is approved for 

gaming only on Indian lands as defined in the IGRA. 

With the Chairmants approval of the Tribe's gaming 

ordinance, the Tribe is now required to conduct background 

investigations on its key employees and primary management 

officials. The NIGC expects to receive a completed application 

for each key employee and primary management official pursuant to 

25 C.F.R. S 556.5(a) and an investigative report on each 

background investigation before issuing a license to a key 

employee or primary management official pursuant to 25 C.F.R. 

§ 556.5(b). 

Thank you for submitting the ordinance of the Delaware Tribe 

of Western Oklahoma for review and approval. The NIGC staff and 

I look forward to working with you and the Tribe in implementing 

the IGRA. 

Sincerely yours, 

@-- Harold A. Monteau 

Chairman 

i850 M STREET, N.W., SUE 250 WASHINGTON, D.C. 20036 TEL.: 202-632-7003 FAX: 202-632-7066 
Delaware Tribe of Western Oklahoma 

P.O. Box 825 

Anadarko, OK 73005 

405-247-2448 

Fax: 405-247-9393 

Resolution number 95- 33 

A RESOLUTION OF THE 

DELAWARE TRIBE EXECUTIVE COMMITTEE 

A resolution to adopt yd submit to the National Indian Gaming Commission (NIGC) for approval, a 

gaming ordinance for the Delaware Tribe of Western Oklahoma, said ordinance being duly revised based 

upon correction to deficiencies identified by the NIGC subsequent to the submittal in September of 1994. 

WHEREAS, the Delaware Tribe of Western Oklahoma is a federally recognized Indian Tribe governed by 

a Constitutipn and by laws duly authorized and approved, and , 

2 

WHEREAS, the Delawafe Executive Committee is the governing body of the tribe, and 

i 

WHEREAS, the ela aware Executive Committee adopted a gaming code on September 20, 1995 and 

submitted the Delaware Gaming Ordinance to the National Indian Gaming Commission 

shortly thereafter, and 

WHEREAS, following a review the National Indian Gaming Commission found the ordinance to be 

lacking in several areas, and 

WHEREAS, the Delawafe Executive Committee has made corrections to the original ordinance. 

NOW THEREFORE BE IT RESOLVED, that the Delaware Executive Committee hereby submits for 

approval the Delaware Gaming Ordinance, as revised, to the National Indian Gaming Commission. 

i 

BE IT FURTHER RESO~VED, that this resolution supersedes Delaware Resolution number 94-41 and 

replaces the adoption of an ordinance thereunder. 

CERTIFICATION 

This is to certifjl that the foregoing resolution was adopted at a meeting duly called and noticed of the 

Delaware Executive Committee held at Anadarko, Oklahoma on July 13, 1995 by a vote of 5' for, 

3 against, and 2 abstaining, wherein a quorum of the committee was present. 

ATTEST: APPROVE: 

/- . '8 I 

.,5* ,/. ,. I , , 

- . - , . ' P/L'.-S .,, , C , 

Linda Poolaw, Secretary ~ Lawrence F. snake, President 
GAMING ORDINANCE of 

THE DELAWARE TRIBE OF WESTERN OKLAHOMA 

Submiffed to 

The National Indian Gaming Commission 

July 14, 1995 

Delaware Tribe of Western Oklahoma 

P.O. Box 825 

Anadarko, Oklahoma 73005 

4051247-2448 
TABLE OF CONTENTS 

SECTION 1 . FINDINGS. INTENT AND POLICY ........................................................................ 1 

1.1 Findings .......................................................................................................................................... 1 

1.2 Purpose .......................................................................................................................................... 2 

1.3 Declared Policy of the Delaware Tribe of Western Oklahoma ......................................................... 2 

SECTION 2 . DEFINITIONS .................................................................................................... 3-6 

SECTION 3 . GENERAL PROVISIONS ...................................................................................... 6 

3.1 Authority and Sovereign Powers and Responsibilities ..................................................................... 6 

3.2 Application of Federal Policy ...................................................................................................... 6-7 

3.3 Policy of Self-Gwernment ............................................................................................................. 7 

3.4 Title. Repeal of Prior Laws and Effect of Repeal ............................................................................. 7 

3.5 Classes of Gaming ......................................................................................................................... 7 

A . Class I Gaming ........................................................................................................................ 7 

B . Class I1 Gaming .................................................................................................................... 7-8 

C . Class 111 Gaming ..................................................................................................................... 8 

3.6 Construction .................................................................................................................................. 8 

3.7 Saving Clause ................................................................................................................................ 8 

SECTION 4 . TRIBAL GAMING COMMISSION .......................................................................... 8 

4.1 Establishment ................................................................................................................................ 8 

4.2 Location and Place of Business ....................................................................................................... 8 

4.3 Duration ..................................................................................................................................... 8-9 

4.4 Attributes ...................................................................................................................................... 9 

4.5 Recognition as a Political Subdivision of the Tribe ......................................................................... 9 

4.6 Sovereign Immunity of the Tribal Commission .............................................................................. 9 

4.7 Sovereign Immunity of the Tribe .................................................................................................... 9 

4.8 Waiver of Sovereign Immunity of the Tribal Commission ......................................................... 9-10 

4.9 Credit of the Tribe or Tribal Commission ..................................................................................... 10 

4.10 Assets of the Tribal Commission ................................................................................................ 10 

4.11 Membership ............................................................................................................................... 10 

A Number . of Commissioners ..................................................................................................... 10 

B . Qualifications of Commissioners ............................................................................................ 10 

C Background Investigation . ...................................................................................................... 11 

D . Date of Appointment ............................................................................................................. 11 

4.12 Tenn of Office ............................................................................................................................ 11 

4.13 Ex-Oficio Members ................................................................................................................... 11 

4.14 Meetings .................................................................................................................................... 12 

A . Regular Meetings .................................................................................................................. 12 

B . Special Meetings .................................................................................................................... 12 

C . Compensation of Commissioners ........................................................................................... 12 

D . Quorum ................................................................................................................................. 12 

E . Voting ................................................................................................................................... 12 

4.15 Organization .............................................................................................................................. 12 

C.1 . Regulator ........................................................................................................................ 12 

a . Policy .............................................................................................................................. 12 

b Position Description . ................................................................................................... 12-13 

c Procedures . ....................................................................................................................... 13 
d . Internal Controls ............................................................................................................. 13 

e . Internal Auditor .............................................................................................................. 13 

D-1 . Operator ......................................................................................................................... 13 

a . Financial Ratios .............................................................................................................. 13 

b . Operating Budgets .......................................................................................................... 13 

c . Capital Budget ................................................................................................................ 14 

4.16 Removal of Membcrs or Vacancies ............................................................................................. 14 

A . Removal ................................................................................................................................ 14 

B . Vacancies .............................................................................................................................. 14 

4.17 Conflict of Interest ................................................................................................................ 14-15 

4.18 Authority of Tribal Commission ............................................................................................ 15- 18 

4.19 Annual Budget ........................................................................................................................... 18 

4.20 Tribal Commission Regulations ............................................................................................ 18- 19 

4.2 1 Right of E111rance: Monthly Inspection ...................................................................................... 19 

4.22 Investigations ............................................................................................................................. 19 

4.23 Hearings: Examiner ............................................................................................................. 19-20 

4.24 Appointment of Examiner: Power of Examiner ......................................................................... 20 

4.25 Revenues and Accounts .............................................................................................................. 20 

4.26 Quarterly Report of Tribal Gaming Manager Reports ............................................................... 20 

SECTION 6 . GAMING LICENSES .................................................................................................... 20 

5.1 Applicability ........................................................................................................................ 20-2 1 

5.2 License Required .......................................................................................................................... 21 

5.3 Types of Licenses ........................................................................................................................ 21 

A . Tribally-Owned or Tribally-Operated Class I1 ........................................................................ 21 

B . Tribally-Owned or Tribally-Operated Class 111 ....................................................................... 21 

5.4 No License Requirement for Class I Gaming ................................................................................ 21 

5.5 Application Procedures .............................................................................................................. 21 

A . Application for Gaming License ............................................................................................ 21 

B . Tribally-Owned and Tribally-Operated Class I1 ...................................................................... 21 

C . Tribally-Owned and Tribally Operated Class ILI ................................................................ 21-22 

5.6 Criteria Which a Potential Gaming Operator Must Meet ......................................................... 22-23 

5.7 License Application Fees .............................................................................................................. 23 

5.8 License Tax ................................................................................................................................. 23 

5.9 Form of Gaming License .............................................................................................................. 23 

5.10 Scope of Gaming License ........................................................................................................... 23 

5.1 1 Terms of License ........................................................................................................................ 23 

5.12 Posting of Licenses ..................................................................................................................... 23 

5.13 Gaming License Renewals ..................................................................................................... 23-24 

5.14 Annual Reports .................................................................................................................... 24-25 

5.15 Procedure to Remedy Gaming License Violation ........................................................................ 25 

SECTION 6 GAMING EMPLOYEE LICENSES .............................................................................. 25 

6.1 Current and Valid Gaming Employee License Required ............................................................... 25 

6.2 Application for Gaming Employee License ............................................................................. 25-27 

6.3 Review Procedure for Gaming Employee License Application ...................................................... 28 

6.4 Scope of Gaming Employee License ............................................................................................. 28 

6.5 Licensing Period .................................................................................................................... 28 

6.6 Renewals ...................................................................................................................................... 28 

6.7 Requirement to Produce License Upon Request ....................................................................... 28-29 

6.8 Permanent License Revocation of Employee Gaming License ....................................................... 29 

A . Grounds for Permanent Revocation ...................................................................................... 29 
B Procedure for . Permanent Renovation ..................................................................................... 30 

6.9 Temporary Suspension of Employee Gaming License ................................................................... 30 

A . Grounds for Temporary Suspension ...................................................................................... 30 

B Procedure . for Temporary Suspension ..................................................................................... 30 

SECTION 7 . PROVISIONS OF GENERAL APPLICABILITY TO ALL GAMING 

OPERATORS ........................................................................................................... 30-33 

SECTION 8 . ENFORCEMENT ................................................................................................. 33 

8.1 Jurisdiction .................................................................................................................................. 33 

8.2 Prohibited Acts ....................................................................................................................... 33-35 

8.3 Criminal Violation ....................................................................................................................... 35 

8.4 Civil Violation ............................................................................................................................. 35 

8.5 Cumulative Fines ........................................................................................................................ 35 

8.6 Purpose of Civil Penalties ............................................................................................................. 35 

8.7 Civil Action For Penalties ............................................................................................................ 35 

8.8 Seizure and Forfeiture of Property ................................................................................................ 36 

8.9 Notice to En Banc Tribal Commission ......................................................................................... 36 

SECTION 9 . OPERATION OF TRIBALLY-OWNED OR TRIBALLY-OPERATED GAMES ..... 36 

9.1 Management By a Gaming Manager ............................................................................................ 36 

9.2 Use of Net Revenue of Tribally-Owned or Tribally-Operated Gaming Activities ........................... 36 

9.3 Audit Requirements .................................................................................................................... 37 

9.4 Additional Requirements For Operation of Tribally-Owned or Tribally-Operated Games ............. 37 

SECTION 10 . AUTHORIZED GAMES ................................................................................ 37-38 

SECTION 11 . ELECTRONIC DEVICES OR SERVICE PROVIDER LICENSES ...................... 38 

11.1 Applicability .............................................................................................................................. 38 

1 1.2 Licenses Required ..................................................................................................................... 38 

1 1.3 Types of Licenses ....................................................................................................................... 38 

11.4 Application Procedures .............................................................................................................. 38 

A . Application for a Vendor License, Senice License. or Vendor/Service License ...................... 38 

11.5 Criteria Which a Potential Gaming Operator Must Meet ............................................................ 39 

1 1.6 License Application Fce ............................................................................................................ 39 

11.7 Foml of License ......................................................................................................................... 39 

1 1.8 Scope of License ......................................................................................................................... 39 

1 1.9 Term of License ......................................................................................................................... 39 

1 1.10 License Renewal ....................................................................................................................... 39 

1 1.1 1 Annual Reports ........................................................................................................................ 39 

11.12 Procedure to Remedy License Violations ............................................................................. 39-40 

1 1.13 Application to Delaware Tribal Employees ............................................................................... 40 

Section 12 . Procedure for Certificate of Rehabilitation for the Limited Purpose of 

Obtaining a Delaware Tribal Gaming License ................................................................... 40 

12.1 Applicability .............................................................................................................................. 40 

12.2 Delaware Tribal Gaming License ......................................................................................... 40-4 1 

SECTION 13 . FINANCING OF CAPITAL IMPROVEMENTS ................................................... 41 

13.1 Financing Authority ................................................................................................................... 41 

13.2 Borrowing ............................................................................................................................. 4 1-42 

SECTION 14 . DRUG AND ALCOHOL TESTING ...................................................................... 42-43 
SECTION 15 . PROCEDURES FOR ALL BACKGROUND INVESTIGATIONS ............................. 43 

15.1 Background Investigations ............................................................................................................... 43 

15.2 Ineligibility for Employment ............................................................................................................ 43 

15.3 Fingerprinting ................................................................................................................................... 44 

15.4 Verification of Information .............................................................................................................. 44 

15.5 Suitability Determinations ................................................................................................................ 44 

15.6 Service of Process ............................................................................................................................. 44 
GAMING ORDINANCE 

THE DELAWARE TRIBE OF WESTERN OKLAHOMA 

An ordinance to authorize, license and regulate Class I1 and Class 111 gaming on lands of the Delaware 

Tribe of Western Oklahoma, a federally recognized Indian Tribe. 

SECTION I. FINDINGS, INTENT AND POLICY 

1.1 FINDINGS The Delaware Executive Committee on behalf of the 

Delaware Tribe of Western Oklahoma finds that: 

(A) Tribal regulation and control of gaming activity within the jurisdiction of the Delaware Tribe of 

Western Oklahoma is essential for the protection of the public health and welfare, and the interests of 

the Tribe and residents including visitors to the Delaware Community. 

(B) The Tribe has the legal authority to license and regulate any gaming activity within the jurisdiction of 

the Delaware Tribe of Western Oklahoma that is not specifically prohibited by federal law. 

(C) Properly licensed and regulated gaming activity conforms with announced federal policy promoting 

Indian self-government and Indian tribal economic self-sufficiency. 

(D) It is essential that the Tribe, through its Executive Committee, and subsidiary commissions exercise 

civil regulatory authority including the regulation of gaming activities in a manner commensurate 

with applicable federal and tribal law and policy. 

(E) The present needs of the Tribe include increased employment, job and skills training, housing, quality 

health care, nutrition, educational opportunities, social services, and community and economic 

development needs which are not adequately addressed by present tribal, federal, and state programs. 

(F) Tribal operation and licensing of gaming activities within the tribal jurisdiction is an appropriate 

means of generating revenue to address the needs of the Tribe. 

(G) The Tribe is vigorously pursuing its goal of self-sufficiency and self-determination through the 

development of tribal businesses and enterprises. Because the Delaware Tribe of Western Oklahoma 

lacks income-generating natural resources and because the tax base of the Tribe is almost nonexistent; the Tribe must rely on tribal business development to raise the funds necessary to expand its 

social, health and education programs, increase employment, and improve it's tribal economy. 

This effort has recently become increasingly important as a result of cutbacks in federal and state 

funding and the increased costs of self-government. It is therefore, essential that the Tribe develop 

new and expanded sources of revenue to support its ever-increasing governmental needs and to 

provide much needed employment and training for tribal members. 

(H) To accomplish the foregoing, the adoption of the following gaming laws is necessary and is in the 

best interest of the Delaware Tribe of Western Oklahoma. 
1.2 PURPOSE The purpose of this ordinance is to: 

Regulate, control, and license the operation of all gaming within the jurisdiction of the Tribe. 

Make clear and explicit that a tribal license to operate a gaming activity is a revocable privilege, not a 

right or property interest. 

Ensure that the operation of tribally-regulated gaming will continue as a means of generating tribal 

revenue. 

Ensure that tribally-regulated gaming is conducted fairly and honestly by both gaming operators and 

players, and that it remain free from corrupt, incompetent, unconscionable and dishonest persons and 

practices. 

Promote and strengthen tribal economic development and self-determination and to enhance 

employment opportunities for its members. 

Generate revenue to strengthen and improve tribal self-government and the provision of tribal 

governmental services. 

Ensure that all gaming revenue is used for the benefit of the Tribe and the tribal community. 

Ensure that tribal gaming laws are strictly and fairly enforced against all persons involved in gaming 

activities within the jurisdiction of the Tribe. 

Ensure that the Tribe provide a fair and impartial forum for the resolution of gaming disputes. 

1.3 It is the declared policv of the Delaware Tribe of Western Oklahoma: 

(A) That gaming conducted on Indian lands within the jurisdiction of the Delaware Tribe shall be 

regulated by the Gaming Commission created under this act for the protection of the public health, 

welfare and morals of all residents, employees and persons who visit the tribal lands for gaming 

purposes, such protection shall be from the adverse effects which may flow from unregulated gaming. 

(B) That the Tribal objective is to achieve the maximum tribal revenue from gaming and to sustain the 

highest achievable levels of tribal revenue from gaming. 

(C) That gaming activities conducted within the Delaware tribal jurisdiction be done in compliance with 

and in accordance to this ordinance and the Indian Gaming and Regulatory Act, 102 Stat. 2467, 25 

U.S.C. Section 2701 et seq. 

(D) That the Delaware Tribe will exercise all powers of self-government consistent with federal policy 

and law; and that the tribal government will provide, from gaming revenues, a wide range of public 

services and benefits to the tribal jurisdiction including tribal governmental services, law and order, 

judicial systems, educational opportunities, economic development, social services and other 

appropriate activities within the tribal jurisdiction. 
SECTION 2. DEFINITIONS 

In this ordinance, except where otherwise specifically provided or the context otherwise requires, the 

following terms and expressions shall have the following meanings. 

"Adjusted Cross Revenue" means gross revenue less all cash prizes or the aggregate price of merchandise 

prizes, except in the case of the games of draw poker and stud poker. Regarding games of draw poker and 

stud poker, "adjusted gross revenue" means the time buy-ins or tournament fees collected by the gaming 

operator. 

"Bingo" means the game of chance commonly known as bingo (whether or not electronic, computer, or 

other technologic aids are used in connection therewith) which is played for prizes, including monetary 

prizes, with cards bearing numbers or other designations, in which the holder of each card covers such 

numbers or designations when objects, similarly numbered or designated, are drawn or electronically 

determined, and in which the game is won by the first person covering a previously designated 

arrangement of numbers or designations on such cards, including (if played in the same location) pull-tabs, 

lotto, punch boards, tip jars, instant bingo and other games similar to bingo. 

"Cheatin%" means operating or playing in any game in a manner in violation of the written or commonly 

understood rules of the game, with the intent to create for himself or someone in privity with him an 

advantage over and above the chance of the game. 

"Com~act" means a gaming compact between the Tribe and the State of Oklahoma and/or other states if 

appropriate as authorized by the Indian Gaming Regulatory Act (IGRA), or by state or tribal law. 

"Compensation" means all wages, salaries, bonuses, and all other forms of enumeration for services 

rendered. 

"Executive Committee" means the governing body of the Delaware Tribe of Western Oklahoma. 

"Educational, charitable, patriotic, veterans. fraternal, relic~ious, civic, or public-spirited 

uses" are: 

(A) Uses benefiting an indefinite number of people by bringing them under the influence of educational 

or cultural programs. 

(B) Uses otherwise lessening the burden of tribal government. 

(C) Uses benefiting one or more persons suffering from a seriously disabling disease or injury causing 

severe loss of income or incurring extraordinary medical expense that is uncompensated by 

insurance. 

(D) Uses for community service projects that promote the common good, enhance the social and 

economic welfare of the community, and benefit an indefinite number of people. 

"Eligible Or~anization" means any nonprofit organization operated for educational, charitable, patriotic, 

veterans, fraternal, religious, civic, or public-spirited uses, or for the relief of poverty, distress, or other 

condition within the jurisdiction of the Delaware Tribe of Western Oklahoma or within the service area of 

the Tribe. 

"en banc Tribal Commission" means the Delaware Tribe of Western Oklahoma seven (7) member 

Gaming Comnlission as described in Section 4 of this ordinance. 

"Eauipment for rrames of chance" See "Gaming Apparatus " 
"Gaming em~lovee" means any natural person employed in the operation or management of each gaming 

activity or operation, whether employed by or contracted to the Tribe or by any person or enterprise 

providing on or off-site services to the Tribe within or without the gaming facility regarding any gaming 

activity or operation, including, but not limited to, gaming managers and assistant managers; accounting 

personnel; surveillance personnel; security officers; cashier supervisors; dealers or croupiers; box men; 

floormen; pit bosses; shift bosses; cage personnel; collection personnel; gaming consultants; management 

companies and their principals; and any other natural person whose employment duties require or authorize 

access to restricted areas of each gaming activity or operation not otherwise opened to the public. 

 gamin^" or "Gaming activity" means any activity, operation or game in which valuable consideration is 

wagered upon the outcome determined in whole or in part by chance, skill, speed, strength or endurance or 

any combination of strength or endurance, and in which something of value is awarded to a person or 

persons so wagering, and any activity in furtherance thereof, including owning, financing, managing, 

participating in, conducting or assisting in any way in any such activity at the site at which it is being 

conducted, directly or indirectly, whether at the site in person or away from tribal lands. 

"Gaming Ap~aralus or gaming eyuipment" means any device, machine, paraphernalia, or equipment that 

is used or usable in the playing phases of any gaming activity, whether or not specifically designed for the 

purpose, but excluding tables and chairs normally used in the occupancy of any gaming facility. 

"Gaming facility" means any location or structure, stationary or movable, wherein gaming is permitted, 

promoted, performed, conducted, or operated. Gaming facility does not include the site of a fair, carnival, 

exposition, or similar occasion. 

"Gaming operator" means a person who has obtained a gaming license under this ordinance or who is 

otherwise permitted by this ordinance to perform, promote, conduct, or operate any gaming activity on 

tribal lands. 

"Gross revenue" means any money collected or received from any gaming activity. 

"Indian Gamino Regulatorv Act" or"IRGA" means Public Law 100-497, 102 Stat. 2426, 25 U.S.C. 

Subsection 2701 et seq. (1988), as amended. 

"Immediate family" means, with respect to the person under consideration, a husband, wife, father, 

mother, son, daughter, brother, , father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, 

sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother or half 

sister. 

XS' means the United States Internal Revenue Service. 

"Key employee" means: 

1. Bingo caller; 

2. Counting room supervisor; 

3. Chief of security; 

4. Custodian of gaming supplies or cash; 

5. Floor manager; 

6. Pit boss; 

7. Dealer; 

8. Croupier; 

9. Approver of credit; 

10. Custodian of gambling devices including person with access to cash and accounting records within 

such devices; or 

1 1. Employee or any other person with access to finance or accounting offices; 

(B) If not otherwise included, any other person whose total cash compensation derived from gaming 

subject to this ordinance is in excess of $50,000.00 per year; or 
(C) If not otherwise included, the four most highly compensated persons in any gaming activity subject to 

this ordinance; or 

(D) Any employee whom the Gaming Commission may by written notice classify as a key employee. 

"License" means any official, legal, and revocable permission granted by the Gaming Commission to this 

ordinance to an applicant to conduct any gaming activity on tribal lands. 

bbLotto" means a form of gaming in which all or a part of the revenue derived from the sale of tickets or 

chances are pooled and such revenue are allotted by chance to one or more chance takers or ticket 

purchasers. The amount of cash prizes or winnings are determined by the gaming operator conducting the 

"lottery" and a progressive pool is permitted. Tele-lottery means that the drawing is televised for use in a 

cable television broadcast. 

"Net revenue" means gross gaming revenues less amounts paid out as, or paid for prizes and total gamingrelated operating expense, excluding management fees. 

"Participate" in any gaming activity means to operate, direct, finance or in any way assist in the 

establishment of or operation of any class of gaming or any site at which such gaming is being conducted, 

directly or indirectly, whether at the site in person or off the tribal lands located in Oklahoma. 

"Person" means any individual, partnership, joint venture, corporation, joint stock company, company, 

firm, association, trust estate, club, business trust, municipal corporation, society, receiver, assignee, 

trustee in bankruptcy, political entity, and any owner, director, officer or employee of any such entity, or 

any group of individuals acting as a unit, whether mutual, cooperative, fraternal, nonprofit, or otherwise, 

the government of the Tribe, any governmental entity of the Tribe, or any of the above listed forms of 

business entities that are wholly owned or operated by the Tribe; provided, however, that the term does not 

include the federal government and any agency thereof. 

"Plaver" means a person participating in any game, but does not include a gaming operator. 

"Primarv Management Official" means: 

(A) The person having management responsibility for a management contract approved by the National 

Indian Gaming Commission; or 

(B) Any person who has authority: 

1. to hire and fire gaming employees, or 

2. to set up working policy for a gaming enterprise; or 

(C) The chief' financial officer or other person who has financial management responsibility for a gaming 

activity. 

"Princi~ar' means with respect to any management contractor: 

(i) each of its officers and directors: (ii) each of its principal management employees, including any 

gaming manager, chief financial officer, chief operating officer, or general manager; (iii) each of its 

owners or partners, if it is an unincorporated business; (iv) each of its shareholders who owns more 

than ten percent (10%) of the shares of the corporation, if a corporation; and (v) each person other 

than a banking institution who has provided financing for the enterprise constituting more than the 

percent (10%) of the total financing of the enterprise. 
"Progressive Gaming" means any game in which a cash prize which, not being won by any player during 

any game, is retained and further monetarily enhanced by the gaming operator or eligible organization, and 

offered as a prize to players in the next game. 

"Pull-tabs, punch boards and tip jars" means any disposable card, board, ticket or display which accords 

the player an opportunity to win something of value by opening, pulling, detaching, or otherwise removing 

or uncovering tabs or covers, from the card, board, ticket or display to reveal a set of numbers, letters, 

symbols, configurations, or combinations thereof which have been previously specified as a winning 

combination. 

"Tribal jurisdiction" means any lands held in trust by the United. States government for the benefit of the 

Delaware Tribe of Western Oklahoma whether a part of the former Wichita reservation located in 

Oklahoma or lands located in areas where the Delaware Tribe of Western Oklahoma has made legal 

agreements with the United States of America or any other jurisdictions established by the Delaware Tribe 

of Western Oklahoma. 

"State" means the state of Oklahoma, and any other state wherein the Delaware Tribe of Western 

Oklahoma conducts lawhl gaming activities. 

"Tribal Commission" means the Delaware Tribe of Western Oklahoma Gaming Commission described in 

Section 4 of this ordinance. 

"Tribe" means and "Tribar' refers to the Delaware Tribe of Western Oklahoma, a federally recognized 

Indian tribe acting through the duly elected Tribal Executive Committee pursuant to the tribal constitution 

and by-laws. 

"Twenty-one", also known as "Blackjack" means a card game played by a maximum of seven (7) players 

and one (1) dealer where each player plays his hand against the dealer's hand, with the object of obtaining 

a higher total card value than the dealer by reaching 21 or as close to 2 1 as possible without exceeding that 

count. The cards have the following value: 

(A) Aces count either one or eleven, at the player's option. 

(B) Kings, queens, and jacks each have a count of ten. 

(C) all other cards are counted at their face value. 

"Wager" means the bet made or consideration or value given by a player in any game. 

SECTION 3. GENERAL PROVISIONS 

3.1 AUTHORITY AND SOVEREIGN POWERS AND RESPONSIBILITIES 

This ordinance is enacted pursuant to the inherent sovereign powers of the Tribe and the powers expressly 

delegated to the Delaware Executive Committee by Article VI-Powers, Section 1 of the Tribal Constitution 

and by-laws. The Tribe shall have sole proprietary interest in and responsibility for the conduct of any 

gaming operation. 

3.2 APPLICATION OF FEDERAL POLICY 

In 1970 President Nixon announced the policy of the United Statcs to promotc self-dctermination for 

Indian tribes. At the heart of this policy is a commitment by the federal government to foster and 
encourage tribal self-government, economic development and self-sufficiency. That commitment was 

signed into law in 1975 as the Indian Self-Determination and Education Assistance Act, Public Law 93- 

638, 88 Stat. 2203, 25 U.S.C. Subsection 450-450n. In 1983, President Reagan reaffirmed that 

commitment in his Indian policy statement, encouraged tribes to reduce their dependence on federal funds 

by generating more of their own revenues, and pledged to assist tribes in that endeavor. The policy of selfgovernance has continued with amendments to P.L. 93-638 enacted as the Tribal Self-Governance 

Demonstration Project, P.L. 100-472 (1 988). 

In 1988 the federal commitment was hrthered in 1988 by passage of the lndian Gaming Regulatory Act 

("IGRA"), Public Law 100-497, 102 Stat. 2426, 25 U.S.C. Subsection 2701, et seq. (1988), through which 

the federal government recognized the inherent sovereign right of tribes to conduct and regulate gaming on 

their reservations and preempted state authority in the area of lndian gaming. 

3.3 DELAWARE TRIBE OF WESTERN OKLAHOMA POLICY OF SELFGOVERNMENT 

The Tribe is firmly committed to the principle of tribal self-government. Consistent with federal policy, 

tribal government provides a wide range of public services to the Tribe including general governmental 

services, the maintenance of peace and good order, the establishment of educational programs, and the 

promotion and regulation of economic activities within the sovereign jurisdiction of the Tribe. 

3.4 TITLE, REPEAL OF PRIOR LAWS. AND EFFECT OF REPEAL 

This ordinance may be cited as the Delaware Tribe of Western Oklahoma Gaming Ordinance. The 

ordinance shall be appropriately inserted in the Delaware Tribe of Western Oklahoma book of codes and 

ordinances. 

All ordinances of the Tribe and all titles, chapters, and section of the Tribal code that pertain to gaming, 

and are in effect as of the effective date of this ordinance, are hereby repealed, and all other tribal laws or 

parts thereof, inconsistent with the provisions of this ordinance are hereby repealed. 

Repeal of this ordinance or any portion thereof shall not have the effect of reviving any prior tribal law 

theretofore repealed or suspended. 

3.5 CLASSES OF GAMING 

There are three (3) classes of gaming authorized on Indian lands under this ordinance: 

(A) "Class I Gaming" means social gaming solely for prizes of minimal value or traditional forms of 

Indian gaming engaged in by individuals as a part of, or in connection with tribal ceremonies or 

celebration. 

(B) "Class ZI Gaming" means the game of chance commonly known as bingo (whether or not 

electronic, computer, or other technologic aids are used in connection therewith), which is played 

for prizes, including monetary prizes, with cards bearing numbers or other designations, in which 

the holder of the card covers such numbers or designations when object, similarly numbered or 

designated, are drawn or electronically determined, and in which the game is won by the first 

person covering a previously designated arrangement of numbers or designations, on such cards, 

including (if played at the same location) pull-tabs, lotto, punch boards, tip jars, instant bingo and 

other games similar to bingo; 

2. All card games operated by the Tribe and explicitly authorized or not explicitly prohibited by the 

laws of the State where the game is played, if played in conformity with State laws and 
regulations regarding hours or periods of operation of such card games or limitations on wagers or 

pot size in such card games. 

(C) "Class III Gaming" means all forms of gaming that are not Class I or Class 11 gaming. 

3.6 CONSTRUCTION 

In construing the provisions of this ordinance, unless the context otherwise require, the following rules 

shall apply: 

(A) This ordinance shall be liberally construed to effect its purpose and to promote substantial justice. 

(B) Words in the present tense include the future and past tenses. 

(C) Words in the singular number include the plural, and words in the plural number include the 

singular. 

(D) Words of the masculine gender or neuter include masculine and feminine genders and the neuter. 

3.7 SAVING CLAUSE 

If any section of this ordinance is invalidated by a court of competent jurisdiction, the section is only 

invalidated for purposes of the litigated instant case and the remaining sections shall not be affected 

thereby. 

SECTION 4. TRIBAL GAMING COMMISSION 

4.1 ESTABLISHMENT 

The Tribe hereby charters, creates and establishes the Delaware Tribe of Western Oklahoma Gaming 

Commission as a governmental subdivision of the Tribe. 

4.2 LOCATION AND PLACE OF BUSINESS 

The Tribal Co~nmission shall be a resident of and maintain its headquarters, principal place of business and 

offices at the tribal headquarters located near Anadarko, Oklahoma. The Tribal Commission may, 

however, establish other places of business in such other locations as the Tribal Commission may from 

time to time determine to be in the best interest of the Tribe. 

4.3 DURATION 

The Tribal Cotnmission shall have perpetual existence and succession in its own name, unless dissolved by 

the Tribe pursuant to Tribal law. The Tribal Commission shall not be dissolved while any obligations or 

indebtedness of the Tribal Commission incurred under Section 4.18 (AB) and Section 13 remains unpaid 

or undischarged. 

4.4 ATTRIBUTES 

As a governmental subdivision of the Tribe, the Tribal Commission has been delegated the right to 

exercise one or more of the substantial governmental functions of the Tribe, including regulation of tribal 

gaming pursuant to the JGRA and tribal law. It is the purpose and intent of the Tribe in creating the Tribal 
Commission that the operations of the Tribal Commission be conducted on behalf of the Tribe for the sole 

benefit and interests of the Tribe, its members, and the residents of the Tribal jurisdiction. In carrying out 

its purposes under this ordinance, the Tribe reserves to itself the right to bring suit against any person or 

entity in its own right, on behalf of the Tribe or on behalf of the Tribal Commission whenever the Tribe 

deems it necessary to protect the sovereignty, rights, and interests of the Tribe or the Tribal Commission. 

4.5 RECOGNITION AS A POLITICAL SUBDIVISION OF THE TRIBE 

The Tribe, on behalf of the Tribal Commission, shall take all necessary steps to acquire recognition of the 

Tribal Commission as a political subdivision of the Tribe, recognized by all branches of the United States 

Government as having been delegated the right to exercise one or more substantial governmental functions 

of the Delaware Tribe of Western Oklahoma. 

4.6 SOVEREIGN IMMUNITY OF THE TRIBAL COMMISSION 

The Tribal Commission is hereby clothed with all the privileges and immunities of the Tribe, except as 

specifically limited by this Title or other tribal law, including sovereign immunity !?om suit in any state, 

federal or tribal court. Except as provided in this section, nothing in this Title nor any action of the Tribe 

or the Tribal Commission shall be deemed or construed to be a waiver of sovereign immunity from suit of 

the Tribal Commission, or to be a consent of the Tribe or the Tribal Commission to the jurisdiction of the 

United States or of any state or any other tribe with regard to the business or affairs of the Tribe or the 

Tribal Commission to any cause of action, case or controversy, or to the levy of any judgment, lien or 

attachment upon any property of the Tribe or the Tribal Commission, or to be a consent of the Tribe or 

Tribal Commission to suit in respect to any Indian land, or to be a consent of the Tribe or the Tribal 

Commission to the alienation, attachment or encumbrance of any such land. 

4.7 SOVEREIGN IMMUNITY OF THE TRIBE 

All inherent sovereign rights of the Tribe as a federally-recognized Indian tribe with respect to the 

existence and activities of the Tribal Commission are hereby expressly reserved, including sovereign 

immunity !?om suit in any state, federal or tribal court. Except as provided in Section 4.8 below, nothing 

in this ordinance nor any action of the Tribal Commission shall be deemed or construed to be a waiver of 

sovereign immunity from suit of the Tribe, or to be a consent of the Tribe to the jurisdiction of the United 

States or of any state or of any other tribe with regard to the business or affairs of the Tribal Commission 

or the Tribe, or to be a consent of the Tribe to any cause of action, case or controversy, or to the levy of 

any judgment, lien or attachment upon any property of the Tribe; or to be a consent to suit in respect to any 

Indian land, or to be a consent to the alienation, attachment or encumbrance of any such land. 

4.8 WAIVER OF SOVEREIGN IMMUNITY OF THE TRIBAL COMMISSION. 

Sovereign immunity of the Tribal Commission may be waived only by express resolutions of both the 

Tribal Commission and the Tribal Executive Committee after consultation with the Tribe's attorneys. All 

waivers of sovereign immunity must be preserved by resolutions of the Tribal Commission and the Tribal 

Executive Committee of continuing force and effect. Waivers of Sovereign Immunity are disfavored and 

shall be granted only when necessary to secure a substantial advantage or benefit to the Tribal 

Commission. Waivers of sovereign immunity shall not be general but shall be specific and limited as to 

duration, grantee, transaction, property or funds, if any, of the Tribal Commission subject thereto, court 

having jurisdiction pursuant thereto and law applicable thereto. Neither the power to sue and be sued 

provided in Subsection 4.18(W), or any express waiver of sovereign immunity by resolution of the Tribal 

Commission shall be deeded a consent to the levy of any judgment, lien or attachment upon property of the 

Tribal Commission other than property specifically pledged or assigned, or a consent to suit with respect to 
any land within the exterior boundaries of the Tribal jurisdiction or a consent to the alienation, attachment 

or encumbrance of any such land. 

4.9 CREDIT OF THE TRIBE OR TRIBAL COMMISSION 

Nothing in this ordinance nor any activity of the Tribal Commission shall implicate or any way involve the 

credit of the Tribe or the Tribal Commission. 

4.10 ASSETS OF THE TRIBAL COMMISSION 

The Tribal Commission shall have only those assets specifically assigned to it by the Executive Committee 

or acquired in its name by the Tribal Commission on its own behalf. The property of the Tribal 

Commission is declared to be public property used for essential public and governmental purposes and 

such property and the Tribal Commission are exempt from all taxes and special assessments of the Tribe. 

Upon dissolution of the Tribal Commission, the title to all property owned by it shall vest in an become the 

property of the Tribe. No activity of the Tribal Commission nor any indebtedness incurred by it shall 

implicate or in any way involve or effect any assets of tribal members or the Tribe not assigned in writing 

to the Tribal Commission. 

4.1 1 MEMBERSHIP 

(A) Number of Commissioners 

The Tribal Co~nmission shall be comprised of seven (7) members and one (1) alternate. The members of 

Tribal Gaming Commission including the alternate shall be appointed by the Tribal Executive Committee 

in accordance with this ordinance. Four (4) Commissioners shall perform the duties determining suitability 

of issuing gaming licenses as provided in Section 6 of this ordinance, and regulatory functions as provided 

in Section 4.15 of this ordinance. 

(B) Qualifications of Commissioners 

Each Commissioner must be a member of the Tribe, except that two (2) Commissioners shall not be 

members of the Delaware Tribe of Western Oklahoma. 

The four (4) Commissioners designated to determine suitability of employees must pass a written test, 

compiled by a recognized testing authority, to determine their knowledge of the Indian Gaming Regulatory 

Act, 25 C.F.R. 556 and 558, and this Gaming ordinance. The four (4) Commissioners must demonstrate 

competency in the application of procedures and internal controls of the gaming facility. Such competency 

shall be demonstrated in accordance with Section 4.1 l(D)(l) and 4.1 1 (D)(2) herein. 

2. The three (3) Commissioners designated to determine operator and regulatory hnctions must pass 

a written test, compiled by a recognized testing authority, to determine their knowledge of the 

gaming industry and the application of financial analysis to balance sheets and income statements 

generated by the gaming entities and the application of internal controls to the movement of cash 

and cash equivalents in the gaming environment. 

(C) Background Investipation. Prior to the time that any Tribal Commission member takes office on 

the Tribal Commission , the Tribe shall perform or arrange to have performed a comprehensive 

background investigation on each prospective member. No person shall serve as a Commissioner if: 

1. His prior activities, criminal record, if any, or reputation, habits or associations: 

(a) Pose a threat to the public interest; or 
(b) 'Threaten the effective regulation and control of gaming; or 

(c) Enhance the dangers of unsuitable, unfair, or illegal practices, methods, or activities 

in the conduct of gaming; or 

2. He has been convicted of or entered a plea of nolo contendere to a felony or any gaming 

offense any jurisdiction or to a misdemeanor involving dishonesty or moral turpitude; or 

3. He or any member of his immediate family has a financial interest in any gaming activity or 

facility. 

4. Each Commissioner must pass a TRW credit check and have a certifiable history of credit 

worthiness from the TRW for the last 10 years. 

5. Each Commissioner must pass a drug test as provided in Section 14 of this ordinance. 

(D) Date of Appointment Each member of the Tribal Commission shall take office no later than one 

week after a new Executive Committee is sworn in following a tribal election. 

1. Each new Commissioner will receive the equivalent of 40 hours of training within the first 

three months in office as a Commissioner. The training will consist of the application of this 

ordinance, applicable federal law, and financial analysis necessary to control and manage the 

gaming facility. 

2. Each new Commissioner will have six months from the date of their appointment to demonstrate 

their competence by successfully completing an open-book examination on the application of the 

ordinance to their positions. Failure to pass the exam within the designated time period shall be 

construed as an automatic resignation from the Commission. Thereafter, the Commission shall 

progressively and aggressively develop the gaming expertise necessary to perform their job 

functions. 

The Tribal Executive Committee shall appoint all members to the Gaming Commission by resolution. 

4.12 TERM OF OFFICE 

Each Commissioner shall serve a term of four (4) years. No member shall serve more than two terms. No 

person shall remain on the Tribal Commission after leaving or being removed from the Commission by the 

Tribal Executive Committee. 

4.1 3 EX-OFFICIO MEMBERS 

At the direction of the Executive Committee, any member of the Executive Committee, any Tribal or 

Bureau of Indian Affairs employee or any other person may be designated to participate, without vote, in 

Tribal Commission meetings. 

4.14 MEETINGS 

(A) Regular Meetings. The Tribal Commission shall hold at least one regular monthly meeting which 

shall take place on the first Monday of each month, or as otherwise determined by the Tribal 

Commission. 
(B) S~ecial Meetings. Special meetings may be called at the request of the Executive Committee, the 

Chairman of the Tribal Commission or 4 or more members of the Tribal Commission. 

(C) Comnensation of Commissioners. An honorarium may be paid for attendance at each meeting. 

(D) Quorum. A quorum for all meetings shall consist of four (4) members. 

(E) Voting. All questions arising in connection with the action of the Tribal Commission shall be 

decided by a majority vote. The Chairman of the Tribal Commission shall be entitled to vote 

only to break a tie. 

4.1 5 ORGANIZATION 

The en banc Tribal Commission shall develop its own operating procedures and shall elect from within 

itself a Chairman to direct meetings, a reporter to be responsible for keeping Tribal Commission minutes 

and transmitting to the Tribal Executive Committee a copy of those minutes, processing correspondence 

and reporting Tribal Commission decisions, and such other officers as the Tribal Executive Committee 

deems advisable. 

(A) The Tribal Commission shall consist of three distinct entities. 

1. The en banc Tribal Commissioners is the full seven Commissioners acting together 

2. The "regulatory Commissioners" consisting of four Commissioners. 

3. The "operator Commissioners" consisting of three Commissioners. 

(B) The en banc Tribal Commission shall carry out all functions of the Tribal Commission not specifically 

delegated to the regulatory Commissioners or the operator Commissioners. 

(C) The four regulatory Commissioners shall carry out the licensing authority conferred upon them in 

Section 4.18 (Q) of this ordinance in accordance with Section 6.3 of this ordinance. The same four 

Commissioners shall carry out the regulator functions conferred upon them in Section 4.18 (A) of this 

ordinance in accordance with Section 4.15 (C). 

1. Regulator. The four commissioners shall act as compliance regulators under the following 

guidelines. The en banc tribal commission shall issue further guidelines and clarifications to the 

gaming facilities' gaming managers consistent with the following sections. 

a. Policy. the en banc Tribal Commission shall, consistent with Tribal Executive Committee 

policy as articulated in the Gaming ordinance, issue policy statements regarding the operation 

of gaming. 

b. Position Description. The four Commissioners charged with regulatory functions shall issue 

position descriptions for every position designated in the gaming facility. Each position 

description shall be subject to background investigations, as directed by this ordinance and 25 

C.F.R. 556 and 558. In addition, each position within the gaming environment, whether or 

not a licensed position under this ordinance and 25 C.F.R. 556 and 558 shall be subject to 

drug testing as stated in Section 14 of this ordinance. No position description shall be left 

undefined. 

c. Procedures. Procedures shall consist of the interaction amongst various position descriptions 

carrying out the duties of the position in association with other positions descriptions. The 

four Commissioners charged with regulator functions shall propose a system of procedures 

for all regulated gaming activities. 
d. Internal Controls. The four Commissioners charged with regulatory hnctions shall propose a 

system of internal controls describing the position descriptions and procedures necessary to 

effect appropriate internal controls. The en banc Tribal Commission shall approve and 

publish the procedures. 

e. Ittternal Auditor. the four Commissioners charged with regulatory functions shall employ a 

procedures auditor who shall have the responsibility of determining compliance auditing with 

the published internal controls procedures and position descriptions. The internal auditor 

shall be an employee of the en banc Tribal Commission reporting directly to the four 

Commissioners on a monthly basis in accordance with an audit schedule covering position 

descriptions, procedures, and internal controls. Audit findings shall be addressed in the 

following month by the en banc Tribal Commission and the gaming manager. the gaming 

manager shall have 30 days to comply with audit finding. A consistent pattern of 

noncompliance in excess of 90 days shall be grounds for the en banc Tribal Commission 

revoking gaming licenses of the employees responsible for the noncompliance. 

(D) The operator Commissioners shall carry out the operator responsibility and authority conferred upon 

them in Section 4.18 (D) of this ordinance in accordance with this Section 4.15 (D). 

1. Operator. The three Commissioners shall act as compliance operators under the following 

guidelines. The en banc Tribal Commissioners shall issue further guidelines and clarifications to 

the gaming facilities' general managers consistent with the following sections. 

a. Financial Ratios. Each year the Commission shall promulgate financial ratios for the 

operation of each regulated entity. Such ratios shall be constructed from a spreadsheet review 

of existing annual reports published by publicly held gaming enterprises and a review of the 

Nevada gaming abstract. Such ratios shall cover the four points: 

Profitability Ratios 

Liquidity Ratios 

Solvency Ratios 

Activity Ratios 

b. Operating Budgets. The three Commissioners shall promulgate an operating budget for each 

property. The budget shall be promulgated under the principles of profit planning and 

control. The budget preparations cycle shall begin at the beginning of the fourth quarter 

by each department head submitting a historical record of expenses for the previous three 

quarters 30 days after the fourth quarter begins. Each department head, for purposes of the 

budgetary cycle, shall be the following: food & beverage, cage, surveillance, security, table 

games, slots, personnel and management, and maintenance. The three Commissioners shall 

review the historical expenses in relation to the promulgated operating financial ratios, and 

submit a revised budget to the department heads within 30 days of receipt of the historical 

record of expenses from the department heads. The department heads and the three 

Commissioners shall then meet within 15 days to negotiate compromises on budgetary items. 

Thereafter the en banc Tribal Commission shall issue the operating budget within 15 days for 

the next fiscal year. 

c. Capital Budget. The en banc Tribal Commission shall propose and the Tribal Executive 

Committee must ratify capital budget items for the next fiscal year. In the event that the 

Tribal Executive Committee fails to ratify the proposed capital budget, then the Tribal 

Commission shall meet with the Tribal Executive Committee to prepare a capital budget 

acceptable to the Tribal Executive Committee. A capital budget item is defined as an 

expenditure in excess of S50,000.00 that is listed as a capital expense on the balance sheet not 
subject to the operating cycle as an expense item. Capital budgets shall be subject to revision 

only with the consent of the Tribal Executive Committee in conformity with outstanding 

obligations of capital facilities debt under Section 13 of this ordinance. 

4.16 REMOVAL OF MEMBERS OR VACANCIES 

(A) Removal. A Commissioner may be removed by the Tribal Executive Committee (Committee) for 

serious inefficiency, neglect of duty, malfeasance, misfeasance, nonfeasance, misconduct in office, or 

for any conduct which threatens the honesty or integrity of the Tribal Commission or otherwise 

violates the letter or intent of this ordinance. Except as provided below, no Commissioner may be 

removed without notice and an opportunity for a hearing before the Committee, and then only after 

the Comnlissioner has been given written notice of the specific charges at least ten days prior to such 

hearing. 

At any such hearing, the Commissioner shall have the opportunity to be heard in person or by counsel 

and to present witnesses on his behalf. If the Committee determines that immediate removal of a 

Commissioner is necessary to protect the interest of the Tribe, the Committee may immediately 

remove the Commissioner temporarily, and the question of permanent removal shall be determined 

thereafter pursuant to Tribal Commission hearing procedures. A written record of all removal 

proceedings together with the charges and findings thereon shall be kept by the Tribal Secretary. The 

decision of the Committee upon the removal of a Commissioner shall be final. 

(B) Vacancies. If any Commissioner shall die, resign, be removed or for any reason be unable to serve as 

a Commissioner, the Tribal Executive Committee shall declare this position vacant and shall appoint 

another person to fill the position. The terms of office of each person appointed to replace an initial 

Commissioner shall be for the balance of any unexpired term for such position, provided, however, 

that any prospective appointee must meet the qualifications established by this ordinance. 

4.17 CONFLICT OF INTEREST 

No person shall be appointed or continue serving as a Commissioner if he has any personal, business, or 

legal relationship that creates a conflict of interest with his duties and responsibilities as a Commissioner. 

(A) For purposes of conflict of interest, a "personal conflict of interest" shall be a family relationship 

within the first degree of consanguinity. 

(B) For purposes of conflict of interest, a "Business conflict of interest" shall be a business relationship 

that directly competes with the gaming facilities' markets. Direct competition shall be defined as a 

business relationship within a 200 mile diameter of the gaming facility. 

(C) For purposes of conflict of interest, a "legal conflict of interest" shall be a relationship recobmized as a 

conflict by a panel of three consisting of two attorneys and one non-attorney. The panel shall be ad 

hoc and formed for the sole purpose of addressing the alleged legal conflict of interest. The 

Commissioner who is alleged to be in a legal conflict of interest shall have the opportunity to appoint 

one person to the panel. The Tribal Commission shall appoint the other two panel members. 

(D) The charge of an alleged conflict of interest can only be raised by a Tribal member or an interested 

party with a direct financial interest in the resolution of the charge. General allegations by persons 

without a financial interest will not be reviewed. 

(E) If the Commissioner is found to be in a conflict of interest by the panel, then the Commissioner shall 

withdraw from the matter before the Tribal commission, and the Commission shall pay all costs of 
the person bringing the charge. If the Commission is found not to be in a conflict of interest by the 

panel, then the person bringing the charge shall pay all costs of the Tribal Commission proceeding. 

To the extent permitted by law, a personal, business, or legal conflict of interest can be waived by 

majority vote of the Tribal Commission only after full, complete and continuing disclosure is made 

by the Commissioner in the alleged conflict of interest. 

4.18 AUTHORITY OF TRIBAL COMMISSION. 

The Tribal Commission shall have the following authority: 

(A) To regulate all day-to-day gaming activity within the jurisdiction of the Tribe. 

(B) To promote the full and proper enforcement of all tribal, civil and criminal gaming laws and policies. 

(C) To issue subpoena ad testifucandum and subpoena duces tecum. 

(D) To oversee the day-to-day operations of all tribally-owned gaming activities. 

(E) To enact and enforce such rules and regulations regarding its activities and governing its internal 

affairs as the Tribal Commission may deem necessary and proper to effectuate the powers granted by 

this ordinance and the powers granted and duties imposed by applicable law. 

(F) To publish and distribute copies of this ordinance and Tribal Commission rules and any Executive 

Committee, Tribal Commission or Tribal Court decisions regarding gaming matters. 

(G) To prepare and submit for Tribal Executive Committee approval proposals, including budget and 

monetary proposals, which could enable the Tribe to better cany forth the policies and intent of this 

ordinance. 

(H) To work with the staff of any tribal department, program, project, or operation and to cooperate with 

the Tribal Executive Committee or any sub committee of the Executive Committee in regard to 

gaming issues. 

(I) To make or cause to be made by its agents or employees, an examination or investigation of the place 

of business, equipment, facilities, tangible personal, property, and the books, records, papers, 

vouchers. accounts, documents, and financial statements of any game or gaming activity operating, or 

suspected of operating, within the jurisdiction of the Tribe. In undertaking such examination or 

investigation, the Tribal Commission may request the assistance of tribal gaming staff, federal and 

local law officials, legal counsel, and other third parties. 

(J) To maintain and keep current a record of new developments in the area of Indian gaming. 

(K) To request the assistance of the Tribal Court or Tribal Appellate Court in conducting gaming hearings, 

defining terms used in this ordinance or other tribal laws, or in any other matter in which the Tribal 

Commission deems such assistance to be necessary or proper. 

(L) To consider any gaming matter brought before it by any person, organization or business, and all 

matters referred to by the Tribal Executive Committee. 

(M) To obtain and publish a summary of federal revenue laws relating to gaming and to insure 

compliance with same. 
(N) To arrange for training of Tribal Commission members, tribal employees and others in areas relating 

to the regulation or operation of gaming. 

Upon prior explicit written approval of the Executive Committee, to employ such advisors as it may 

deem necessary. Advisors may include, but shall not be limited to, law enforcement specialists and 

gaming professionals, the Tribe's general or special counsel and the Tribe's accountants. 

(P) To make recommendations to the Executive Committee on the hiring of all supervisory gaming 

employees. 

(Q) To promulgate rules and regulations to implement and further the provisions of this ordinance. 

(R) To approve or disapprove any application for a tribal gaming license. 

(S) To consult with and make recommendations to the Tribal Executive Committee regarding changes in 

tribal gaming laws and policies. 

(T) Officer or employee To examine under oath, either orally or in writing, in hearings or otherwise, any 

person or agent, of any person, or any other witness, with respect to any matters related to this 

ordinance, including enforcement of tribal gaming laws, regulations and policies, and to compel by 

subpoena the attendance of witnesses and the production of any books, records and papers with 

respect thereto. 

(U) When necessary or appropriate, to request the assistance and utilize the services of the courts, law 

enforcement and government officials and agencies, and private parties, in exercising its powers and 

carrying out its responsibilities. 

(V) To delegate to an individual member or members of the Tribal Commission, or, with the approval of 

the Tribal Executive Committee, to Tribal or Tribal Commission staff, such of its hnctions as may be 

necessary to administer this ordinance efficiently, provided, that the Tribal Commission may not redelegate its power to exercise any substantial governmental hnction of the Tribe or its power to 

promulgate rules and regulations, and provided further, that the Tribal Commission may not delegate 

to anyone the power to permanently revoke a tribal gaming license. 

(W) To close permanently, after notice and a hearing, any game or games which are operating in violation 

of tribal law. 

(X)To sue or be sued in courts of competent jurisdiction within the United States, subject to the provisions 

of this ordinance and other trial laws relating to sovereign immunity, provided, that no suit shall be 

brought by the Tribal Commission without the prior explicit written approval of the Tribal Executive 

Committee. 

(Y) To purchase, lease, take by gift, devise or bequest, or otherwise acquire, own, hold, improve and use 

property and assets of every description, real and personal, tangible or intangible, including money, 

securities or any interests therein, rights and services of any kind and description or any interest 

therein, provided that the Tribal Commission shall have authority to purchase any interest in real 

property, whether located on or off the former reservation, only with the express, prior written 

consent of the Tribal Executive Committee as to each such action, and title to such real property and 

property which is to become a fixture or permanent improvement or part of the real property shall be 

taken in the name of the Tribe, and title to all trust and restricted real property shall remain in trust or 

restricted status. 

(Z) To sell, convey, mortgage, pledge, lease, exchange, transfer and otherwise dispose of all or any part of 

its property, assets and revenues. 
(AA) To deal in inventions, copyrights, and trademarks; to acquire by application, assignment, purchase, 

exchange, lease, hire or otherwise; and to hold, own, use, license, lease and sell, either alone or in 

conjunction with others, the absolute or any partial or qualified interest in and to inventions, 

improvement, letters patent and applications therefor, licenses, formulas, privileges, processes, 

copyrights and applications therefor, trademarks and applications therefor, and trade names, provided 

that title to all such interests shall be taken in the name of the Tribe. 

(AB) With the prior permission of the Tribal Executive Committee, to borrow money and to make, accept, 

endorse, execute and issue bonds, debenture, promissory notes, guarantees and other obligations of 

the Tribal Commission for moneys borrowed, or in payment for property acquired or for any of the 

purposes of the Tribal Commission and to secure payment of any obligations by secured interest, 

mortgage, pledge, deed, indenture, agreement or other instrument of trust or by other lien upon, 

assignment of or agreement in regard to all or any part of the property, assets and revenues of the 

Tribal Commission. 

(AC) To arbitrate, compromise, negotiate or settle any dispute to which it is a party relating to the Tribal 

Commission's authorized activities. 

(AD) To enter into, make, perform and carry out any agreement, partnership, joint venture contract or 

other undertaking with any federal, state or local governmental agency, tribe, person, partnership, 

corporation or other association or entity for any lawfil purpose pertaining to the business of the 

Tribal Commission or which is necessary or incidental to the accomplishment of the purposes of the 

Tribal Commission. 

(AE) To invest and reinvest its finds in such mortgages, bonds, notes, debenture, share of preferred and 

common stock, and any other securities of any kind whatsoever, and property, real, personal or 

mixed, tangible or intangible, as the Tribal Commission shall deem advisable and as may be 

permitted under applicable law, provided that the Tribal Commission shall have authority to invest or 

reinvest in real property, whether located on or off any former reservation, subject to the restrictions 

set forth in Subsection 4.18 (AC). 

(AF) to purchase insurance From any stock or mutual company for any property, or against any risk or 

hazard. 

(AG) To engage in any and all activities which directly or indirectly carry out the purposes of the 

Delaware Tribe of Western Oklahoma as set forth in this ordinance. 

(AH) With prior approval of the Tribal Executive Committee, to make application and accept grants and 

other awards from private and governmental sources in carrying out or furthering the purposes of the 

Tribal Commission or the Tribe. 

(Al) To exercise all authority delegated to it or conferred upon it by law and to take all action which shall 

be reasonably necessary and proper for carrying into execution the foregoing powers and all the 

powers vested in this ordinance as permitted by the purposes and powers herein stated and which are 

deemed to be in the best interests of the Tribe, exercising prudent management and good business 

judgment, all in compliance with applicable law. 

(AI) To establish and maintain such bank accounts as may be necessary or convenient. 

(AK) To require by regulation, the filing of any records, forms and reports and all other information 

desired by the Tribal Executive Committee for implementation of this ordinance relating to any 

gaming activity or operation or any investigation as required by trial law and the IGRA. 
(AL) To provide for an internal system of record-keeping with adequate safeguards for preserving 

confidentiality as deemed necessary by the Tribal Commission. All applications, background 

investigations and Tribal Commission decisions shall be retained in Tribal Commission files for a 

period of at least 10 years. 

(AM) To adopt a schedule of fees to be charged for gaming licenses issued pursuant to this ordinance. 

(AN) To adopt a schedule of fees and charges for services rendered relating to transcripts and the 

furnishing or certifying of copies of proceedings, files and records. 

(AO) To supervise, inspect and regulate all gaming activities within the jurisdiction of the Tribe. 

(AP) To promote the full and proper enforcement of this ordinance and other applicable law regarding 

gaming activities within the jurisdiction of the Tribe. 

(AQ) To conduct background investigations of all persons who propose to participate in any gaming 

activity or operation. 

(AR) To compel obedience of its lawful orders by proceedings of mandamus or injunction or other proper 

proceedings in the name of the Tribe in Tribal Court or any other court having jurisdiction of the 

parties and of the subject matter; provided, that no suit shall be brought by the Tribal Commission 

without the prior explicit written approval of the Tribal Executive Committee after consultation with 

the Tribal attorneys. 

(AS) To discipline any licensee or other person participating in any gaming activity by ordering 

immediate compliance with this ordinance or Tribal Commission regulations and to issue an order of 

temporary suspension of any license issued under this ordinance, whenever the Tribal Commission is 

notified of a violation by any such person of this ordinance or any other applicable law. 

(AT) To issue an order of temporary closure of any gaming activity or operation in the event the Tribal 

Commission determines that immediate closure is necessary to protect assets or interests of the Tribe, 

pursuant to Tribal Commission regulations, or whenever the Tribal Commission shall receive 

information from the National Indian Gaming Commission that primary management official or key 

employee of a licensee does not meet the standards for being licensed under the IGRA. 

(AU) To become self-regulating whenever the Tribe becomes eligible for a certificate of self-regulation 

under the IGRA. 

4.19 ANNUAL BUDGET 

The en banc Tribal Commission shall prepare an annual operating budget for all Tribal Commission 

activities and present it to the Executive Committee by August 15th of each year. The request of the en 

banc Tribal Commission shall be subject to the Tribal Appropriations Act. 

4.20 TRIBAL COMMISSION REGULATIONS 

(A) 'En banc Tribal Commission regulations necessary to carry out the orderly performance of its duties 

and powers shall include, but shall not be limited to, the following: 

(1) Internal operational procedures of the en banc Tribal Commission and its staff; 

(2) Interpretation and application of this ordinance as may be necessary to carry out the Tribal 

Commission's duties and exercise its powers; 
(3) A regulatory system for all gaming activity, including accounting, contracting, management and 

supervision; 

(4) The findings of any reports or other information required by or necessary to implement this 

ordinance; and 

(5) The conduct of inspections, investigations, hearing, enforcement actions and other powers of the 

Tribal Commission authorized under this ordinance. 

(B) No regulation of the en banc Tribal Commission shall be of any force or effect unless it is adopted by 

an en banc Tribal Commission by written resolution and subsequently approved by a resolution of the 

Tribal Executive Committee and both filed for record in the office of the Tribal Secretary and in the 

Office of the Clerk of the Tribal Court. 

(C) The Tribal Court and any other court of competent jurisdiction shall take judicial notice of all Tribal 

Commission regulations adopted pursuant to this ordinance. 

RIGHT OF ENTRANCE: MONTHLY INSPECTION 

The en banc Tribal Commission and duly authorized officers and employees of the en banc Tribal 

Commission, during regular business hours, may enter upon any premises of any gaming operator or 

gaming establishment for the purpose of making inspections and examining the accounts, books, papers, 

and documents, of any such gaming operator or gaming establishment. Such gaming operator shall 

facilitate such inspection or examinations by giving every reasonable aid to the en banc Tribal Commission 

and to any properly authorized office or employee. 

A Commissioner or a member of the en banc Tribal Commission's staff shall visit each tribally-owned or 

tribally-operated gaming establishment at least once every two weeks during normal business hours for the 

purpose of monitoring its operation. Such visits shall be unannounced. 

4.22 INVESTIGATIONS 

The en banc tribal commission, upon complaint or upon its own initiative or whenever it may deem it 

necessary in the performance of its duties or the exercise of its powers, may investigate and examine the 

operation and premises of any person who is subject to the provisions of this ordinance. In conducting 

such investigation, the en banc tribal commission may proceed either with or without a hearing as it may 

deem best, but it shall make no order without affording any affected party notice and an opportunity for a 

hearing pursuant to tribal commission regulations. 

4.23 HEARINGS: EXAMINER 

Pursuant to regulations, the en banc Tribal Commission may hold any hearing it deems to be reasonably 

required in administration of its powers and duties under this ordinance. Whenever it shall appear to the 

satisfaction of the en banc Tribal Commission that all of the interested parties involved in any proposed 

hearing have agreed concerning the matter at hand, the en banc Tribal Commission may issue its order 

without a hearing. 

The en banc Tribal Commission may designate one of its members to act as examiner for the purpose of 

holding any such hearing or the en banc Tribal Commission may appoint another person to act as examiner 

under subsection 4.24 below. The en banc Tribal Commission shall provide reasonable notice and the 

right to present oral or written testimony to all people interested therein as determined by the en banc 

Tribal Commission. 
4.24 APPOINTMENT OF EXAMINER: POWER OF EXAMINER 

The en banc tribal commission may appoint any person qualified in the law or possessing knowledge or 

expertise in the subject matter of the hearing to act as examiner for the purpose of holding any hearing 

which the en banc tribal commission, or any member thereof, has power or authority to hold. Any such 

appointment shall constitute a delegation to such examiner of all powers of a commissioner under this 

ordinance with respect to any such hearing. 

4.25 REVENUES AND ACCOUNTS 

(A) The Tribal Commission shall collect all gross proceeds from all tribally-owned and operated gaming 

activities and shall pay all prizes, all operating and maintenance expenses and all other fees, charges 

and deductions appropriate under general accepted accounting principles (including necessary or 

appropriate reserves). The Tribal Commission shall deposit all revenues of the gaming activities in 

separate funds and accounts under the control of the Tribal Commission. 

(B) In each month, from the net revenues of the tribally-owned and operated gaming activities, the Tribal 

Commission shall: 

First, set aside finds sufficient, with any other amounts than available and properly appropriated for the 

purpose, to pay or provide for all amounts payable, or required to be set aside, in that month with respect to 

obligations incurred by the Tribal Commission under Section 4.18(AB) and 13, including the funding of 

any necessary reserves; 

Second, set aside amounts sufficient to fund any capital accounts or capital reserves in accordance with the 

annual capital budget approved under Section 4.15 (A)(3); and 

Third, transfer all remaining net revenues to such tribal funds or accounts, under the control of the Tribal 

Council, as the Tribal Council shall designate from time to time. 

4.26 QUARTERLY REPORT OF TRIBAL GAMING MANAGER REPORTS 

The Tribal Commission shall file a quarterly report to the Executive Committee summarizing reports 

received from each manager of any tribally-owned or managed gaming activity and making such 

comments as it deems necessary to keep the Executive Committee fully informed as to the status of its 

various gaming operations. 

SECTION 5. GAMING LICENSES 

5.1 APPLICABILITY 

This ordinance governs all persons engaged or employed in gaming within the jurisdiction of the Tribe. 

Any application for license pursuant to this ordinance or participation in any gaming activity within the 

jurisdiction of the Tribe shall be deemed to be a consent to the jurisdiction of the Tribe and the Tribal 

Court in all matters arising from the conduct of such gaming and all matters arising under any of the 

provisions of this ordinance or other tribal laws. 

5.2 LICENSE REQUIRED 

No person shall operate Class 11 or Class 111 gaming within the jurisdiction of the Tribe unless such gaming 

is licensed by the Tribe. A separate tribal gaming license shall be obtained for each game authorized by 

Section 10. The decision to grant, revoke or decline to renew shall be final and not subject to appeal. 

5.3 TYPES OF LICENSES 
The Tribe shall issue each of the following types of gaming licenses: 

(A) Triballv-Owned or TribaNv-Operated Class II. This license shall be required of all tribally-owned or 

tribally-operated gaming activity operating one or more Class I1 games of chance. 

(B) Trihallv-Owned or Triballv-Operated Class 111. This license shall be required for all Tribally-Owned 

or operated gaming activity operating any games of chance other than Class I or Class 11 gaming. 

5.4 NO LICENSE REQUIREMENT FOR CLASS I GAMING 

A tribal license shall not be required for any Class I gaming activity or operation, provided, however, that 

each Class I gaming activity or operation must have written permission of the Tribal Commission, and 

such permission must be on file with the Tribal Secretary before any such Class I gaming is conducted. 

5.5 APPLICATION PROCEDURES 

(A) Anplication for Gamin2 License. For any proposed Class I1 or Class 111 gaming activity, the 

Executive Committee shall file with the Tribal Commission an application for a tribally-owned or 

Tribally-operated Class 11 or Class I11 gaming license, whichever is appropriate, which shall contain 

the name of the proposed enterprise, its location and all other pertinent information required by this 

ordinance and Tribal Commission regulations. 

(B) Triballv-Owned and TribaNv-Operated Class II. Before issuing a license to a tribally-owned or 

operated Class I1 gaming activity the en banc Tribal Commission shall: 

(1) Review the proposed gaming activity to ensure that all criteria required by this ordinance shall be 

met. 

(2) Perform the necessary background investigations on management contractors, primary 

management officials and key employees required by this ordinance. 

(3) Review and approve the accounting procedures to be used in such gaming activity. 

(4) Take any additional steps necessary to ensure the integrity of such gaming activity. 

(5) A separate license shall be required for each place, facility or location where the Delaware Tribal 

Executive Committee elects to allow the operation of a Class I1 gaming facility pursuant to this 

ordinance. 

(C) Triballv-Owned and Tribally-Operated Class III. Before issuing a license to a tribally-owned or 

operated Class I1 gaming activity the en banc Tribal Commission shall: 

(1) Review the proposed gaming activity to ensure that all criteria required by this ordinance shall be 

met. 

(2) Perform the necessary background investigations on management contractors, primary 

management officials and key employees required by this ordinance. 

(3) Review and approve the accounting procedures to be used in such gaming activity. 

(4) Take any additional steps necessary to ensure the integrity of such gaming activity. 
(5) Review all aspects of the proposed gaming operation to ensure that it will be in compliance with 

the provisions of the applicable tribal-state compact. 

5.6 CRITERIA WHICH A POTENTIAL GAMING OPERATOR MUST MEET 

The en banc Tribal Commission shall issue the above license to any tribally-owned or tribally-operated 

Class I1 or Class 111 proposed gaming activity only if all of the following criteria are met: 

(A) The proposed gaming activity or facility is to be located on land which was held in trust for the Tribe 

prior to October 17, 1988 or on trust lands which were located within or contiguous to the boundaries 

of the former Wichita Reservation (the reservation upon which Delaware Tribal members received 

individual allotments and where Delaware jointly held lands are now located) or on lands taken into 

trust after October 17, 1988 under appropriate federal statutes and regulations. 

(B) The proposed gaming activity is to be played as Class 11 gaming as defined by this ordinance and the 

IGRA or its Class 1Ll gaming authorized by a triballstate gaming compact. 

(C) The proposed gaming activity is authorized by a Tribal Executive Committee resolution. 

(D) The Tribe will have the sole proprietary interest and the Tribe will have the exclusive responsibility for 

the conduct of the proposed gaming activity, or if it is not, the management contract or other 

management agreement for that gaming is consistent with tribal and federal law and is properly 

approved by the Chairman of the Indian Gaming Commission. 

(E) The resolution authorizing the proposed gaming activity provides that: 

(1) The revenues of the proposed gaming activity shall be audited annually and copies of those audits 

will be provided to the en banc Tribal Commission and the National Indian Gaming Commission. 

(2) The proposed gaming activity shall comply with all IRS reporting and filing requirements. 

(3) All of the revenue of the proposed gaming activity shall be used for the purposes stated in 

subsection 9.2 

(4) All contracts for supplies services or concessions for an amount in excess of $25,000 annually, 

except contracts for legal and consulting services, shall be subject to an annual independent audit. 

(5) The construction or maintenance of the gaming facility and the operation of the proposed gaming 

activity shall be conducted in a manner which the en banc Tribal Commission finds will 

adequately protect the environment and the public health and safety. 

(6) The gaming manager, all primary management officials, and all key employees have passed the 

background investigations and obtained the tribal gaming employee licenses required by this 

ordinance. Officials and key employees will be required to pass background investigations and 

obtain tribal gaming employee licenses before they are hired. 

(7) The en banc Tribal Commission shall have the authority to regulate the proposed gaming activity. 

(8) the proposed gaming activity shall pay to the National Indian Gaming Commission such fees as 

federal law may require to be paid. 

(9) If the gaming activity is Class 111 gaming, such gaming activity meets all other criteria established 

by the triballstate compact. 
5.7 LICENSE APPLICATION FEES 

No application fee shall be required for a tribally-owned or tribally-operated Class I1 or Class 111 gaming 

activity. 

5.8 LICENSE TAX 

No annual license tax shall be required for a tribally-owned or tribally-operated Class I1 or Class 111 

gaming operation. 

5.9 FORM OF GAMING LICENSE 

Every gaming license issued by the en banc Tribal Commission shall include the name and address of the 

authorized licensee and the signature of an authorized officer of the en banc Tribal Commission. 

5.10 SCOPE OF GAMING LICENSE 

A gaming license issued by the en banc Tribal Commission shall be effective only for the gaming activity 

and location specified in the application. such license may be transferred only upon prior approval of the 

en banc Tribal commission upon written request that details the proposed new gaming activity, its location 

and proposed gaming operator. 

5.1 1 TERMS OF LICENSE 

A tribally-owned and tribally-operated Cla nd Class 111 gaming license shall be valid for a period of 

one year from the date of issuance or until action of the en banc Tribal Commission to extend the 

license. 

5.12 POSTING OF LICENSES 

Each gaming operator shall post its tribal gaming license in a conspicuous location at the gaming 

operator's gaming facility. If a gaming operator has more than one gaming facility, the gaming operator 

must obtain and post a separate license for each gaming facility. A gaming operator licensed to sell raffle 

tickets outside a gaming facility shall camy a copy of the gaming license in which such person is employed. 

5.13 GAMING LICENSE RENEWALS 

Each tribal gaming license must be renewed every year. No renewal fee shall be required for a triballyowned or tribally-operated Class I1 or Class 111 license. In order to obtain a renewal license, the gaming 

operator shall submit a written renewal application to the en banc Tribal Commission. No renewal 

application shall be approved until the annual report, required by subsection 5.14, has been properly filed. 

All renewal applications submitted by a tribally-owned Class 11 or Class 111 gaming activity shall be 

approved within a reasonable time unless the Gaming Commission determines, based on reasonable 

grounds, that the enterprise has been or will be operated in violation of the trial, federal or other applicable 

law or the terms of the triballstate compact. 

5.14 ANNUAL REPORTS 

n 

Each gaming operator who possesses a CI Class 111 tribal gaming license must file an annual report 

with the Tribal Commission and the Committee between the 15th and the last day of the 

12th month duration of each such license. The report shall be submitted to the Tribal Commission on the 
annual report form provided by the en banc Tribal Commission and shall include the following 

information: 

(A) The name, address and telephone number of the gaming operator; 

(B) The names, address and titles of its current gaming managers and all sub-managers; 

(C) A description of each gaming activity that is operated and the total gross revenue of each; 

(D) A written copy of any changes the gaming operator proposes to initiate in its rules; 

(E) A statement of the specific dates and times during which the gaming activity will be operated during 

the next license period; 

(F) the name and address of the person who will be the gaming manager and the names and addresses of all 

persons who will be the primary management officials during the next license period; 

(G) A statemcnt of any changes in the gaming manager or in the primary management officials or key 

employees who will operate the gaming activity over the next license period; 

(H) The names and addresses of any employees whom the en banc Tribal Commission may determine to 

be key en~ployees during review of the application. 

(I) Written proof that the gaming operator has paid to the National IndianGaming Commission such fees 

as federal and tribal law may require it to pay and will continue to do so; 

(J) A sworn statement that the gaming operator has complied with the Internal Revenue Code and 

regulations, including written notice of customer winnings, and a statement that the gaming operator 

shall continue to obey all tribal and federal laws and shall hold the Tribal Commission and the Tribe 

harmless for failure to do so; 

(K) The description of any location at which the gaming activity has been conducted and any new location 

which is expected to be established during the next license period; 

(L) The number of full-time equivalent persons, on an annualized basis, employed by the operation during 

the past 12 months, together with a projection of the number of full-time equivalent people who are 

expected to be employed during the next license period. 

(M) The total gross revenue of the gaming operator attributable directly or indirectly to tribally-licensed 

gaming activity over the proceeding 12 months. 

(N) A sworn statement that the gaming operator will continue to comply with all tribal and federal laws 

applicable to the gaming operator's gaming operation; 

(0) A sworn statement that the gaming operator and all of its key employees and management contractors 

continue to consent to Tribal Court jurisdiction and service of process in all matters arising From the 

conduct of tribally-licensed gaming activity; 

(P) The name, address and signature of the agent who will accept service of process on behalf of the 

gaming operator, who must reside on the Reservation; and 

(Q) If the gaming operator is a corporation, a copy of any amendment to its articles of incorporation, 

properly certified by the incorporating government, unless a current copy has already been filed with 

the Tribal Commission. 
5.15 PROCEDURE TO REMEDY GAMING LICENSE VIOLATION 

If the en banc Tribal Commission finds that a tribally-owned or operated gaming activity is being operated 

in violation of this Code or otherwise presents a threat to the Tribe or to the public, the en banc Tribal 

Commission shall immediately take all necessary steps to bring such activity into compliance, including, 

but not limited to, closing down such activity temporarily or permanently pursuant to enforcement 

procedures and regulations duly promulgated by the en banc Tribal Commission under this Code. Nothing 

contained in this Section or in this Code shall be construed as limited, restraining or effecting a waiver of 

the Tribe or of the Tribal Executive Committee's right and authority to take appropriate action to remedy 

any gaming violation pursuant to tribal and federal law. 

SECTION 6. GAMING EMPLOYEE LICENSES 

6.1 CURRENT AND VALID GAMING EMPLOYEE LICENSE REQUIRED 

Every primary management official and every key employee of any Class I1 or Class 111 gaming activity 

subject to this Code shall possess a current, valid gaming employee license. 

6.2 APPLICATION FOR GAMING EMPLOYEE LICENSE 

(A) A person seeking a tribal gaming employee license shall submit an application to the Tribal 

Commission on such form and in such manner as the Tribal Commission may require. 

(B) Such application shall include the following information: 

(1) The applicant's name, including all other names used, current home and work addresses and 

telephone numbers, social security number, place of birth, date of birth, citizenship, and driver's 

license number, as well as the address of his or her personal residences over the past five years. If 

the applicant has resided at his or her current address for less than two years, his or her previous 

address. 

(2) The name, address and telephone number of the gaming facility and of the gaming operator for 

whom the applicant intends to work and the specific location in which the applicant will be 

employed. 

(3) The name and job description of the applicant's position. 

(4) The names and addresses of the applicant's living parents, grandparents, spouse, children, brothers, 

and sisters. 

(5) A statement as to whether or not the applicant has ever been charged with a crime and if so the 

charge, the name and address of the court involved, the applicant's explanation of the outcome of 

the case, including the date of final disposition. 

(6) The names, current addresses and telephone numbers of three references who are not related to the 

applicant and who were acquainted with the applicant when the applicant was residing at each of 

the addresses listed in subsection 6.2(B)(I). 

(7) a list of the applicant's previous jobs over the preceding five years, including the name, address 

and telephone number of his or her employer, and the position held. 
(8) The names and addresses and a brief description of all businesses in which the applicant currently 

holds, or has within the last five years held, an ownership interest. 

(9) A description of any previous employment relationship with an Indian Tribe, including the 

employee position held, name of the Tribe involved and name and address of a person who can 

attest to the accuracy of the information provided. 

(10) A description of any current or past non-employee business arrangement which the applicant has 

had with an Indian Tribe, including the name of the Tribe involved and the name and address of a 

person who can attest to the accuracy of the information provided. 

(1 1) A statement as to whether the applicant has had any past employment with, or ownership interest 

in, any gaming business. If so, the applicant shall provide a written statement describing his or 

her position, the dates during which that position was held, a description of the applicant's 

ownership interest or job responsibilities and the name, address and phone number of the 

business, and a person who can attest to the accuracy of the information provided. 

(12) A list of all gaming-related licenses the individual has ever applied for, whether or not those 

licenses were granted and the name and address and phone number of the regulatory agency 

involved. 

(1 3) A list of all professional or business licenses the applicant has applied for, whether or not those 

licenses were granted and the name, address and phone number of the regulatory agency involved. 

(14) A statement of all languages written or spoken. 

(15) A sworn statement that neither the applicant nor any member of his immediate family has a past 

or current financial interest, other than a salary interest, in any gaming-related enterprise 

anywhere. If the applicant has any relative who has such a relationship, the applicant shall fully 

disclose his name and the nature of the relationship. 

(16) Written permission giving the Tribal Commission or its designee the right to investigate the 

applicant's background, including his criminal record, civil and criminal judgments and credit 

history. 

(17) A complete disclosure of any pending or anticipated civil or criminal action against the applicant, 

including the name and address of the police department and court involved. 

(1 8) A disclosure of any civil or criminal judgments rendered against the applicant, including the case 

number, a description of the judgment and the name and address of the court involved. 

(19) The applicant's fingerprints will be taken by Delaware Tribal Police, who are responsible for 

conducting this portion of the applicant's criminal history check and forwarding the fingerprint 

cards to the NlGC for processing through the FBI. 

(20) Any other information which might bring into question his fitness to serve as a primary 

management official or key employee of a licensed gaming operation. 

(C) Each application shall be accompanied by a sworn statement that if the license is issued, the applicant 

will submit to the jurisdiction of the Tribe and the Tribal Court. 

(D) Each application shall be accompanied by a photograph of the applicant taken within the last year. 

(E) Each application shall be accompanied by a sworn statement that the applicant will abide by this Code 

and all other applicable law. 
(F) Each application shall be accompanied by a written statement that the applicant has read, understands 

and approves of the following Privacy Act notice: 

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

information on this form is authorized by 25 U.S.C. 2701 et seq. The purpose of the requested 

information is to determine the eligibility of individuals to be employed in a gaming operation. The 

information will be used by the National Indian Gaming Commission members and staff who have 

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

to appropriate federal, tribal, state, local, or foreign law enforcement and regulatory agencies when 

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

requirement by a tribe or the National Indian Gaming Commission in connection with the hiring or 

firing of an employee, the issuance or revocation of a gaming license, or investigations of activities 

while associated with a tribe or a gaming operation. Failure to consent to the disclosures indicated in 

this notice will result in a tribe's being unable to hire you in a primary management official or key 

employee position. The disclosure of an applicant's social security number (SSN) is voluntary; 

however, failure to supply an SSN may result in errors in processing the application. 

(G) Each application for a gaming employee license shall be accompanied by a fee of S50.00 subject to the 

following conditions: 

(1) All key employees and primary management officials employed as of December 10, 1993 shall be 

exempt from payment of the application fee. 

(2) All key employees and primary management officials employed after December 10, 1993 shall be 

subject to payment of the $50.00 application fee. 

(3) All key employees and primary management officials employed after December 10, 1993, as a 

condition of their employment which shall be evidenced by a voluntary consent form, hereby 

agree that the $50.00 application fee delineated in Subparagraphs (3) and (4) of this section shall 

be deducted from their first paycheck by withholding $25.00 and from their second paycheck by 

withholding S25.00. The Tribal Commission may revise the application fee. 

(4) all employees of a gaming facility shall be subject to a $20.00 deposit on any uniforms issued to 

the employee. The deposit shall be returned upon the termination or resignation of the 

employee's employment relationship and the employee's return of the uniform in good condition. 

6.3 REVIEW PROCEDURE FOR GAMING EMPLOYEE LICENSE 

APPLICATION 

Before issuing a gaming employee license, the four Tribal Commissioners responsible for carrying out 

gaming licensing eligibility investigations shall: 

(A) Perform or arrange to have performed the necessary background investigation on the applicant 

required by this Code and by 25 C.F.R. 556 and 558, in order to determine the applicant's prior 

activities, criminal record, if any, and reputation, habits and associations, provided in the application 

and all appropriate steps to verify the accuracy of information contained in the application. This 

investigation shall include contacting each reference provided in the application, and interviewing a 

sufficient number of knowledgeable people such as former employers and personal references of the 

applicant to provide the Tribal Commission with a rational basis upon which to determine the 

applicant's eligibility for licensing. A complete record of these background investigative procedures 

shall be kept for each applicant and summarized in a written report. This background investigative 
report shall include all steps taken in conducting the investigation of the applicant, the results 

obtained, conclusions reached, and the bases for these conclusions. The Tribal Commission shall 

review the contents of these background investigative reports accor ing o the requirements of this 

Code and requirements at least as stringent as those in 25 C.F.R. 7 a d 558. Based upon this 

review, the Tribal Commission shall grant or deny a gaming license 0 key employee or primary 

management official. The applicant shall be notified in writing of the Tribal Commission's decision. 

If the four Commissioners charged with enforcing this section votes to deny the license, it shall 

include in such notice the specific reasons for its decision. 

(B) Forward to the National Indian Gaming Commission a copy of the application, the results of thc 

background investigations performed and the Tribal Commission's findings and decision. 

(C) All applicants, background investigations and four commissioners decisions shall be retained in the en 

banc Tribal Commission files for a period of at least 10 years. 

6.4 SCOPE OF GAMING EMPLOYEE LICENSE 

A gaming employee license shall be effective only for the person to whom it is issued and only with 

respect to the gaming facility specific in the application. Any such license may be transferred to new 

gaming facility only upon prior approval of the en banc Tribal Commission upon written request of the 

licensee which shall identify the proposed new gaming facility, its location and the proposed gaming 

operator thereof. 

6.5 LICENSING PERIOD 

An employee gaming license issued pursuant to this Code shall be effective for a period of one year from 

the date of issuance or until such time as the en banc Gaming commission changes the effective date and 

shall state on its face the date that the license became effective and the date that it expires. 

6.6 RENEWALS 

A holder of an employee gaming license shall apply to the Tribal Commission for a renewal before his 

original license has expired, updating all information contained in the original application. 

6.7 REQUIREMENT TO PRODUCE LICENSE UPON REQUEST 

Any person receiving an employee gaming license must carry that license upon his person during all 

working hours and must produce that license upon the request of any law enforcement official with 

jurisdiction over the gaming activity or any agent of the Tribe, the Tribal Commission or the National 

Indian Gaming Commission. 

6.8 PERMANENT LICENSE REVOCATION OF EMPLOYEE GAMING 

LICENSE 

(A) Grounds for Permanent Revocation. The en banc Tribal Commission may permanently revoke an 

employee's gaming license, after notice and an opportunity for a hearing, for any of the following 

reasons: 

(1) The enlployee has withheld pertinent information on his application; 

(2) The enlployee has made false statements on the application; 
(3) The employee has participated in gaming activity which was not authorized by any tribal gaming 

license; 

(4) The employee has attempted to bribe a Tribal Executive Committee member, Tribal Commissioner 

or othcr person in an attempt to avoid or circumvent this ordinance or any other applicable law; 

(5) The enlployee has offered something of value or accepted a loan, financing or other thing of value 

from an en banc Tribal Commission member, participating in any gaming activity; 

(6) The employee has knowingly promoted, played or participated in any gaming activity operated in 

violation of this Code or any other applicable law; 

(7) The eniployee has been knowingly involved in the falsification of books or records which relate to 

a transaction connected with the operation of gaming activity; 

(8) The employee has violated any provision of this Code or the rules and regulations of the en banc 

Tribal Commission; 

(9) The employee has been convicted of, or has entered a plea of nolo contendere to, any crime 

involving gaming, fraud, theft, embezzlement or other activity which, if perpetrated at his gaming 

operator's place of employment would injure or pose a threat to the public interest, or the integrity 

of the gaming activity, or the effective regulation of gaming or enhance the dangers of unfair, 

unsuitable or illegal gaming practices; 

(10) The employee has been convicted of, or entered a plea of nolo contendere to, a crime involving 

the sale of illegal narcotics or controlled substances; 

(1 1) The employee has failed to comply with any lawful order, inquiry or directive of the Tribal 

Commission, the Tribal Executive Committee or any administrative or judicial body of competent 

jurisdiction, arising from any gaming activity whether or not subject to this Code; or 

(1 2) The employee is determined to have present or prior activities, including criminal record, or prior 

activities, including criminal record, or reputation, habits or associations which pose a threat to the 

public interest or to the effective regulation of gaming, or create or enhance the dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of gaming. 

(B) Procedure for Permanent Renovation. Whenever it is brought to the attention of the Tribal 

Commission that a person has violated any of the conditions in subsection 6.8(A)(l) through (12), or 

has failed to comply with any condition of his tribal gaming license or has failed to obtain a license, 

the en banc Tribal Commissioner its designee may either undertake an investigation, or serve upon 

such person an order to show cause why the person's license should not be revoked or why the person 

should not be enjoined from conducting gaming activities within the jurisdiction of the Tribe. The 

order shall state the grounds for which such revocation is sought, and that the employee shall have an 

opportunity to present testimony and to cross examine opposing witnesses, and to present any other 

evidence as to why revocation or injunction should not be issued. The hearing shall be set for not less 

than 10 days nor more than 14 days from the date of notice. The hearing shall be governed in all 

respects in accordance with tribal law and Tribal Commission regulations. 

6.9 TEMPORARY SUSPENSION OF EMPLOYEE GAMING LICENSE 

(A) Grounds for Temporarv Suspension. The en banc Tribal Commission may temporarily suspend an 

employee gaming license for not more than thirty days for any of the following reasons: 
(1) The employee has been charged with a violation of any gaming law. 

(2) The employee's continued employment as a primary management official or key employee of a 

game or gaming activity poses a threat to the general public. 

(3) The employee has made a material false statement in his license application. 

(4) The employee has participated in gaming activity unauthorized by his tribal gaming license. 

(5) The en~ployee has refused to comply with any lawful order of the en banc Tribal Commission, the 

Tribal Executive Committee, the Tribal Court or the National Indian Gaming Commission arising 

from or relating to gaming. 

(B) Procedure for Temporarv Suspension. Whenever it is brought to the attention of the en banc Tribal 

Commission that a person has violated any of the conditions in subsections 6.9(A)(I) through (5), or 

has failed to comply with any condition of his employee gaming license or of this ordinance that 

constitutes a direct and immediate threat to the peace, safety, morals or health or welfare of the 

community, the en banc Tribal Commission or its designee shall issue a notice of temporary 

suspension of such person's employee gaming license, which shall be served upon the employee. 

The notice shall state the grounds upon which such temporary suspension is ordered and that the 

employee shall have an opportunity to present testimony and to cross-examine opposing witnesses 

and to present any other evidence as to why suspension should not issue. The employee shall 

immediately cease and desist operating in his management position or in his capacity as a key 

employee upon receipt of the order, but such person may file a notice of appeal with the en banc 

Tribal Commission within five days of such receipt. Upon receipt of such notice of appeal, the en 

banc Tribal Commission shall hold a hearing on the order within fourteen calendar days of its receipt 

of the appeal. At the hearing, the employee shall have the opportunity to present testimony and crossexamine witnesses, and present any other evidence as to why temporary suspension order should not 

be issued. Such hearing shall be governed in all respects by tribal law and en banc Tribal 

Commission regulations. 

SECTION 7. PROVISIONS OF GENERAL APPLICABILITY TO ALL GAMING 

OPERATORS 

7.1 Each Class I1 or Class 111 gaming activity within the jurisdiction of the Tribe shall be conducted by a 

gaming operator who possesses a current and valid tribal gaming license. 

7.2 Each tribal gaming license shall be applicable only to one gaming site and the gaming operator named 

on such license. 

7.3 No tribal gaming license shall be sold, lent, assigned or otherwise transferred. 

7.4 Each management and key employee of a license gaming activity shall possess a current and valid 

tribal gaming employee license. 

7.5 A tribal gaming license shall be issued only to a person who qualified therefore under this ordinance, 

or to the Tribe or a tribal subdivision. 

7.6 Each gaming operator shall have a copy of this Code and regulations readily available for inspection 

by any person at each authorized gaming facility or activity. 
7.7 No person under the age of 18 years shall be permitted to conduct, assist in or play any gaming 

activity conducted at any location having an alcoholic beverage license of any type or class. 

7.8 No person under the age of 14 years shall be permitted to enter the area of any building in which a 

gaming activity is being conducted. 

7.9 A person under the age of 14 years may participate in gaming activity in private homes, purchase 

raffle tickets, attend sporting contests or ticket drawings, and stick game and other traditional gaming 

tournaments. 

7.10 Each gaming operator shall post in a conspicuous location near where each gaming activity is being 

played or shall otherwise provide the public with an explanation of the rules of play of every game her 

operates. 

7.1 1 A gaming operator is prohibited from renting or lending gaming equipment to any person without 

the prior written approval of the Tribal Commission. 

7.1 2 A gaming operator is prohibited from exchanging pull-tabs, punch-boards, sports pools, and twentyone boxes (shoes) without the approval of the Tribal Commission. All other gaming equipment may be 

exchanged without prior approval. Any request for approval shall be made to the Tribal Commission at 

least 5 days prior to the exchange. 

7.13 Each gaming operator who participates in the printing, manufacture, or construction of any 

equipment for gaming activity shall first notify the Tribal Commission of his intention and shall have the 

finished product approved by the Tribal Commission before it is placed in service. 

7.1 4 Gaming chips and other tokens of value may be sold and redeemed only by the gaming operator and 

only for full value. 

7.15 Every licensed gaming operation shall maintain and keep for not less than 10 years permanent 

books of accounts and records, including inventory records of gaming supplies, sufficient to establish the 

gross net income, deductions, expenses, receipts and disbursements of the enterprise. 

7.1 6 There shall be no sale of liquor at any gaming site without the prior approval of the Tribal Council. 

7.1 7 Consideration for the chance to play in any gaming activity shall only be cash or, if allowed by the 

gaming operator, personal check and shall be presented at the time the game is played. No other form of 

consideration shall be allowed unless the en banc Tribal Commission gives prior written approval. 

7.1 8 Evidence of any win or loss incurred by a player must, upon request, be provided to such player in 

such form as will be acceptable to the IRS. 

7.19 Each gaming operator shall pay all fees and file all reports required by law within the time 

prescribed. 

7.20 Each gaming operator shall respond immediately to an obey all inquiries, subpoenas or orders of the 

Tribal Commission, the Tribal Executive Committee, the Tribal Court, or the National Indian Gaming 

Commission. 

7.21 Each gaming operator shall prominently display at each gaming site a current, valid tribal gaming 

license. 
7.22 Each gaming operator shall at all times maintain an orderly, clean, and neat gaming establishment, 

inside and out. 

7.23 Each gaming operator shall provide adequate security to protect the public before, during and after 

any gaming activity. 

7.24 Each licensed gaming activity shall be subject to patrol by the tribal police force for the purpose of 

enforcing tribal law, and each gaming operator shall cooperate at all times with the tribal police force. 

7.25 Each gaming operator shall make its premises and books and record available for inspection during 

normal business hours by the en banc Tribal Commission and members of the Tribal Executive Committee 

or their designee. 

7.26 No gaming shall be conducted on special days of observance designated by the en banc Tribal 

Commission. 

7.27 No gaming operator may discriminate on the basis of sex, race, color, or creed in the conduct of any 

licensed gaming activity. 

7.28 Each gaming operator shall keep accurate books and records of all moneys received and paid out 

and provide the en banc Tribal Commission or its designee with copies of or access to the same upon 

request. 

7.29 All net revenue of any gaming activity shall be used only in a manner prescribed by this ordinance. 

7.30 Every gaming operator shall comply with all applicable tribal and federal revenue reporting laws. 

7.31 Each gaming operator shall immediately suspend any employee who is charged with an offense 

described in subsection 8.2(A) through (AG) or any offense related to the sale, possession, manufacture 

andlor transport of illegal drugs. The gaming operator shall also immediately notify the en banc Tribal 

Commission in writing of the name of the person and the pending charge and advise the en banc Tribal 

Commission of the outcome of the case. If the employee is convicted or pleads nolo contendere to the 

charge, the employee's employment shall be terminated. 

7.32 Any dispute between the Delaware Tribal gaming enterprises and the gaming public which arises 

over the payment of winnings to a member of the gaming public shall be resolved according to the 

following schedule: 

(A) If the disputed win is less than $200.00 the department head, or designee, of that game shall resolve 

the matter at the time of the dispute, and that resolution shall be final. 

(B) If the disputed win is more than $200.00 but less than $1,000.00, the gaming manager shall resolve the 

matter within 8 hours, and that resolution shall be final. 

(C) If the disputed win is $1,000.00 or more, the Tribal Commission shall resolve the matter within 30 

days, and that resolution shall be final. 

SECTION 8. ENFORCEMENT 

8.1 JURISDICTION 
Except as provided in this Code or in any triballstate compact under the IGRA, the Tribal Court shall have 

jurisdiction over all violations of this Code. 

8.2 PROHIBITED ACTS 

In addition to other civil and criminal offenses provided for in this Code or under other applicable law, the 

following acts are prohibited and subject any violator to the civil or criminal penalties specified herein: 

(A) Operating or in any way participating in any on-reservation gaming activity not authorized by this 

ordinance. 

(B) Knowingly making a false statement in connection with any contract to participate in any gaming 

activity. 

(C) Knowingly making a false statement in connection with any contract to participate in any gaming 

activity. 

(D) Attempting to bribe any person participating in any gaming activity. 

(E) Offering or accepting a loan, financing or other thing of value between a Tribal Commission member 

or employee and any person participating in any gaming activity. 

(F) Promoting or participating in any illegal gaming activity. 

(G) Failing to keep sufficient books and records to substantiate receipts, disbursements and expenses 

incurred or paid from any gaming activity authorized pursuant to this ordinance. 

(H) Falsifying any books or records which relate to any transaction connected with any gaming activity 

pursuant to this ordinance. 

(I) Conducting or participating in any gaming activity which in any manner results in cheating or 

misrepresentation or which allows in other disreputable tactics that detract from the fair nature and 

equal chance of participation between gaming players, or which otherwise creates an advantage over 

an above the chance of such gaming activity and which affects its outcomes. 

(J) To conduct a gaming activity with, or to allow participation in a gaming activity by, an intoxicated or 

disorderly player. 

(K) To allow or participate in the sale of liquor at gaming sites when such sale is prohibited by tribal law. 

(L) to accept consideration other than money, personal checks or other approved consideration for the 

chance to play or participate in any gaming activity. 

(M) To use bogus or counterfeit chips or charitable gaming tickets, or to substitute or use any cards, 

charitable gaming tickets or gaming equipment that has been marked or tampered with. 

(N) To employ or possess any cheating device or to facilitate cheating in any gaming activity. 

(0) To willfi~lly use any fraudulent scheme or technique to change the odds of any game of chance. The 

technique known as "card counting" is specific grounds for barring a patron From the casino. 
(P) To solicit, directly or indirectly, or to use, inside information on the nature or status of any gaming 

activity for the benefit of any person. 

(Q) To tamper with a gaming device or attempt to conspire to tamper with or manipulate the outcome or 

the payoff of a gaming device, or otherwise interfere with the proper hnctioning of the machine. 

(R) To alter or counterfeit a gaming license. 

(S) To aid, abet, or conspire with another person knowingly or knowingly to cause any person to violate 

any provision of this ordinance or any rules and regulations adopted hereunder. 

(T) To operate, use or make available to the public any illegal gaming device, apparatus, material, or 

equipment. 

(U) to sell, hold out for sale or transport into or out of the jurisdiction of the Tribe any illegal gaming 

device, apparatus, material, or equipment. 

(V) To assist or allow a person who is underage to participate in any gaming activity. 

(W) to possess any illegal narcotics or controlled substances on any licensed gaming site. 

(X) To steal or attempt to steal funds or other items of value from any gaming establishment or from the 

Tribal Commission. 

(Y) to employ any person at a licensed gaming establishment whom the gaming operator knows has been 

convicted of a gaming crime or a crime of fraud. 

(Z) To conspire with or induce any person to violate any of the provisions of this ordinance or any tribal or 

federal law. 

(AA) No gaming operator or any of his employees or agents shall engage in any act, practice, or course of 

operation which could result in a fraud or deceit upon any person. 

(AB) To employ or have within the tribal jurisdiction any device to facilitate cheating in any game of 

chance. 

(AC) To use any fraudulent scheme or technique knowingly, or to solicit, provide, or receive inside 

information about any gaming activity with the intent of benefiting any person. 

(AD) To alter or counterfeit a gaming license. 

(AE) To knowingly aide, abet, or conspire with another person to violate or to cause any person to violate 

any provision of this ordinance or other applicable law. 

(AF) To take, solicit or encourage any action which undermines the integrity of any game of chance. 

(AG) No gaming operator shall employ any person who has been convicted of or entered a plea of nolo 

contendere to a crime of theft, embezzlement, fraud, a gaming crime or any other crime which, if 

perpetrated on the gaming operator's premises would threaten the fairness or integrity of the game or 

create a threat to the public. 

8.3 CRIMINAL VIOLATION 
Any Indian who violates or fails to comply with any provision of this ordinance, or who fails to comply 

with any order or decision of the Tribal Commission, shall be guilty of a crime and shall be required to pay 

a maximum fine of $5,000.00 or to serve 2 years imprisonment, or both. Each day during which such 

violation or failure to comply continues shall constitute a separate violation of this ordinance. 

8.4 ClVlL VIOLATION 

Any person who violates or fails to comply with any provision of this ordinance, or who fails or neglects to 

comply with any order of the Tribal Commission, shall be liable for a civil fine not to exceed $5,000.00 for 

each violation thereof. Each day during which such violation or failure to comply continues shall 

constitute a separate violation of this ordinance. The amount of any such civil fine may be recovered in a 

civil action in the Tribal Court. 

8.5 CUMULATIVE FINES 

All civil fines accruing under this ordinance shall be cumulative and a suit for the recovery of one fine 

shall not bar or affect the recovery of any other fine, or judgment, penalty, forfeiture or damage, nor bar 

the power of the Tribal Court to punish for contempt, nor bar any criminal prosecution. 

8.6 PURPOSE OF ClVlL PENALTIES 

The civil fines imposed under this Code are intended to be remedial and not punitive and are designed to 

compensate the Tribe or the damage done to the peace, security, economy and general welfare of the Tribe 

and the tribal jurisdiction, and to compensate the Tribe for costs incurred by the Tribe in enforcing this 

ordinance. The civil fines under this ordinance are also intendcd to coerce persons into complying with 

this ordinance and Tribal Commission regulations and are not intended to punish such persons for violation 

of such laws and regulations. 

8.7 ClVlL ACTION FOR PENALTIES 

In enforcing the civil infraction provisions of this ordinance, the Tribal Commission shall proceed, in the 

name of the Tribe, by civil complaint pursuant to the provisions of this ordinance. The Tribal Commission 

in such action shall have the burden of showing, by a preponderance of the evidence, that such person 

violated the applicable provision of this ordinance. 

8.8 SEIZURE AND FORFEITURE OF PROPERTY 

All property utilized in violation of this ordinance shall be subject to seizure and forfeiture by order of the 

Tribal Court. 

8.9 NOTICE TO EN BANC TRIBAL COMMISSION 

Upon final order of the tribal court in any action for criminal or civil violation under this Section, the Clerk 

of the Trial Court shall notify the en banc Tribal Commission in writing of the final court disposition. 

SECTION 9. OPERATION OF TRIBALLY-OWNED OR TRIBALLYOPERATED GAMES 

9.1 MANAGEMENT BY A GAMING MANAGER 
(A) The Tribal Executive Committee shall appoint or delegate the responsibility for appointing one person 

to serve as gaming manager of each tribally-owned or tribally-operated gaming facility. The gaming 

manager shall undergo a background investigation by the three Commissioners charged with the 

background investigation regulatory function and shall obtain an employee gaming license from the 

en banc 'Tribal Commission before commencing work. The two Commissioners charged with the 

operation function under Section 4.15(D) of this Code shall be the direct supervisor of the gaming 

manager. The en banc Tribal Commission shall retain the authority to suspend or dismiss the gaming 

manager for a violation of this gaming ordinance. 

(B) The gaming manager shall be responsible for managing and overseeing the day-to-day operations of 

the gaming operation. The gaming manager shall have such authority as the en banc Tribal 

Commission may delegate by written mles. 

(C) The gaming manager shall provide a written monthly report to the three member operating 

Commissioners which details the number of patrons served, the amount of income generated, the 

numbers of employees working at the establishment, a detailed description of any patron complaints 

and other problems experienced at the establishment, also a written statement of any changes in key 

employees or primary management officials. 

9.2 USE OF NET REVENUE OF TRIBALLY-OWNED OR TRIBALLYOPERATED GAMING ACTIVITIES 

(A) All net revenue of a tribally-owned or tribally-operated gaming activity shall be held in the name of the 

Tribe. such net revenue may only be expended by the Tribal Executive Committee by resolution and 

only for the following purposes: 

(1) To fund tribal government operations or programs. 

(2) To provide for the general welfare of the Tribe and its members. 

(3) To promote tribal economic development. 

(4) To donate to charitable organizations. 

(5) To help to fund operations of local government agencies. 

9.3 AUDIT REQUIREMENTS 

(A) The en banc Tribal Commission and the gaming manager of each tribally-owned or tribally-operated 

gaming activity shall obtain an annual independent audit of such gaming activity. A copy of such 

audit shall be provided to the en banc Tribal Commission, the Tribal Executive Committee and the 

National Indian Gaming Commission. 

(B) Each contract for supplies, services (other than legal and accounting services) or concessions for a 

contract amount in excess of $25,000.00 annually shall be subject to an independent audit. A copy of 

such audit will be provided to the en banc Tribal Commission, the Tribal Executive Committee and 

the National Indian Gaming Commission. 

9.4 ADDITIONAL REQUIREMENTS FOR OPERATION OF TRIBALLY-OWNED 

OR TRIBALLY-OPERATED GAMES 
(A) Any cash winning of an amount under $25,000.00 shall be paid in cash or check and shall be paid on 

the date it is won. Each patron's winning of an amount over $25,000.00 shall be paid by check and 

shall be paid within 72 hours after it is won. 

(B) The gaming facilities shall comply with all applicable provisions of the Bank Secrecy Act, P.L. 91-508, 

October 26, 1970, 3 1 U.S.C. Section 53 1 1-53 14, as determined by the en banc Tribal commission. 

(C) Each tribally-owned or tribally-operated gaming facility shall carry sufficient liability insurance to 

protect the public in the event of an accident. The en banc Tribal Commission shall determine the 

amount of liability insurance required for each gaming facility. 

(D) Each tribally-owned or tribally-operated gaming activity shall post the rules of play of each game in a 

conspicuous place where gaming is conducted and shall make written copies of such rules available 

to any member of the general public upon request. 

SECTION 10. AUTHORIZED GAMES 

Consistent with applicable law, the Tribe authorizes the licensing of the following games of chance. 

(A) Bingo. 

(B) Twenty-one or Blackjack. 

(C) Poker. 

(D) Craps and related dice games. 

(E) Roulette. 

(F) Banking card games that are not otherwise treated as Class I1 gaming in states wherein the Delaware 

Tribe will have gaming pursuant to 25 U.S.C. Section 2703(7)(c), and non-banking card games 

played by any Indian tribe on or before May 1, 1988. 

(G) Electronic games of chance featuring coin drop and pay out as well as printed tabulations, whereby the 

software of the device predetermines the presence or lack of a winning combination and pay out. 

Electronic games of chance are defined as a microprocessor-controlled electronic device which 

allows a player to play games of chance, which may be affected by an element of skill, activated by 

the insertion of a coin or currency, or by the use of credit, and awards games credits, cash, tokens, or 

replays, or a written statement of the player's accumulated credits, which written statements are 

redeemable for cash. 

(H) Keno. 

(I) Interactive satellite or telephonic games of chance. 

(J) All other games of chance that may be authorized under a TribalJState Gaming Compact with the State 

of Oklahoma pursuant to the IGRA. 

SECTION 11. ELECTRONIC DEVICES OR SERVICE PROVIDER 

LICENSES 
11.1 APPLICABILITY 

This section and ordinance applies to all suppliers of electronic gaming devices engaged in the sale of, or 

service thereto, of electronic gaming within the jurisdiction of the Tribe. Any application for a vendor 

license pursuant to this ordinance and participation in the sale of electronic gaming devices to the Tribe, or 

service thereof, shall be deemed to be a consent to the jurisdiction of the Tribe and the Tribal Court in all 

matters arising from the conduct of such activities and all matters arising under any of the provisions of 

this ordinance or other Tribal laws. A license under this ordinance is a privilege and not a right. 

11.2 LICENSES REQUIRED 

No person shall sell or provide service to an electronic gaming device within the jurisdiction of the Tribe 

unless such person is licensed by the Tribe. 

11.3 TYPES OF LICENSES 

The Tribe shall issue each of the following type of electronic gaming licenses: 

(A) Vendor License; 

(B) Service License; and 

(C) VendorIService License. 

11.4 APPLICATION PROCEDURES 

(A) Annlication for a Vendor License, Service License, or Vendor/Service License. For any proposed 

sale or service of an electronic gaming device, the proposed licensee shall file with en banc Tribal 

Commission an application entitled "Vendor Disclosure form" which shall contain the name of the 

proposed vendorllicensee, its location, financial history, controlling principals, legal entity and 

criminal background investigation, and all other pertinent information required by this ordinance and 

Tribal Commission regulations. 

11.5 CRITERIA WHICH A POTENTIAL GAMING OPERATOR MUST MEET 

The en banc Tribal Commission shall issue the above license to any vendor, service provider or 

vendor/servicer only if onc of the following critcria are met: 

(A) The vendor, service provider or vendorlservicer is licensed to sell andlor service electronic gaming 

equipment in the State of Nevada or the State of New Jersey; or 

(B) The principals and all employees of the principals, all primary management officials and all key 

employees have passed the background investigations and obtained a license required under this 

ordinance. Each application must state in writing that all future management officials and key 

employees will be required to pass background investigations and obtain a license under this 

ordinance. 

11.6 LICENSE APPLICATION FEE 

(A) All vendors and vendorlservicers shall pay an application license fee of $500.00. 

(B) All service providers shall pay a license application fee of $100.00. 
11.7 FORM OF LICENSE 

Every license under this section shall be issued by the en banc Tribal Commission and shall include the 

name and address of the authorized licensee and the signature of an authorized oficer of the en banc Tribal 

Commission. 

11.8 SCOPE OF LICENSE 

A license issued by the en banc Tribal Commission shall be effective only for the specific purpose stated in 

the license. Such license is not transferable. 

11.9 TERM OF LICENSE 

Each license shall be valid for one year. 

11.10 LICENSE RENEWAL 

Each license must be renewed every year. A renewal fee of $100.00 shall be applied to vendor and 

vendor/servicer licenses. A renewal fee of $25.00 shall be applied for a service provider. No renewal 

application shall be approved until the Annual Report, required by subsection 1 1.1 1, has been properly 

filed. 

11.11 ANNUAL REPORTS 

Each licensee must file an annual report with the en banc Tribal Commission between the 15th day and the 

last day of the 12 month duration of each such license. The report shall be submitted to the Tribal 

Commission in an Annual Report form provided by the Tribal Commission. 

11.12 PROCEDURE TO REMEDY LICENSE VIOLATIONS 

If the en banc Tribal Commission finds that a vendor, service provider, or vendor/service provider is 

operating in violation of this ordinance or otherwise presents a threat to the Tribe of the public, the en banc 

Tribal Commission shall immediately take all necessary steps to bring such activity into compliance 

including, but not limited to, closing down such activity temporarily or permanently pursuant to 

enforcement procedures and regulations promulgated by the en banc Tribal Commission under this 

ordinance. Nothing contained in this section or in this ordinance shall be construed as limited, restraining, 

or effecting a waiver of the Tribe or of the Tribal Executive Committee's right and authority to take 

appropriate action to remedy any gaming violation pursuant to Tribal and federal law. 

11.13 APPLICATION TO DELAWARE TRIBAL EMPLOYEES 

The provisions of Section 1 1.1 - 1 1.12 of this ordinance do not apply to employees of the Delaware Tribe 

who are licensed under the gaming code as key employees or primary management officials. 

SECTION 12. PROCEDURE FOR CERTIFICATE OF REHABILITATION FOR 

THE LIMITED PURPOSE OF OBTAINING A DELAWARE 

TRIBAL GAMING LICENSE 

12.1 APPLICABILITY 
This section and ordinance applies only to all Tribal members of the Delaware Tribe of Western 

Oklahoma. Any application for a Certificate of Rehabilitation for the limited purpose of obtaining a 

Delaware Tribal Gaming License shall be deemed to be a consent to the jurisdiction of the Tribe and the en 

banc Tribal Commission in all matters arising from the conduct of such activities and all matters arising 

under any of the provisions of this ordinance or other Tribal laws. 

12.2 DELAWARE TRIBAL GAMING LICENSE 

Consistent with Section 6.3(A) of this Code, all employees shall obtain a Delaware Tribal Gaming License. 

Requirements set forth in the proposed DelawareIState of Oklahoma compact provide for the following: 

"The Tribe may not license ..... any person who ..... 

(2) Has been convicted of or entered a plea of guilty or not contest to a gambling-related offense, fraud or 

misrepresentation; or 

(3) Has been convicted of or entered a plea of guilty or no contest to any offense not specified in 

subparagraph (2) within the immediately preceding five years; this provision shall not apply if that 

person has been pardoned by the Governor of the State where the conviction occurred or, if a tribal 

member, has been determined by the Tribe to be a person who is not likely again to engage in any 

offensive or criminal course of conduct and the public good does not require that the applicant be 

denied a license as a key employee or primary management official; or 

(4) Is determined by the Tribe to have participated in organized crime or unlawful gambling or whose prior 

activities, criminal record, reputation, habits, andlor associations pose a threat to the public interest or 

to the effective regulation and control of gaming, or create or enhance the dangers of unsuitable, 

unfair, or illegal practices, methods, and activities in the conduct of gaming or to the carrying on of 

the business and financial arrangements incidental to the conduct of gaming. 

If the applicant for a Delaware Tribal Gaming License if disqualified by the en banc Tribal Commission 

because of a criminal conviction, guilty plea or entrance of a plea of no contest which would be deemed a 

disqualifying event under applicable provisions of the Delaware TribeIState of Oklahoma compact, then 

the applicant, if he or she meets the categorical standards of 12.1 herein, may apply for a Certificate of 

Rehabilitation from the Tribal Commission for purposes of obtaining a Delaware Tribal Gaming License. 

12.3 Certificate of Rehabilitation 

The en banc Tribal Commission' shall have the power to issue a Certificate of Rehabilitation to those 

applicants identified in Section 12.1 of this Code for purposes of issuing a Delaware Tribe of Western 

Oklahoma gaming license. 

12.4 Standards for Issuing a Certificate of Rehabilitation 

The en banc Tribal Commission shall issue the above certificate of Rehabilitation to any applicant who has 

been deemed disqualified by the four Commissioners charged with the responsibility of enforcing Section 

6 of this Code because of the application of Sections 4 (D) - (4) of the Delaware Tribe of Western 

Oklahoma Gaming Compact upon a showing that the following criteria have been met by the applicant: 

(A) If the applicant is a member of the Delaware Tribe of Western Oklahoma; and 
(B) If the applicant has been convicted of a misdemeanor, plead guilty or entered a plea of no contest 

within the last five years and the conviction, plea of guilty or no contest does not relate to theft, fraud, 

or misrepresentation; and 

(C) If the applicant has been disqualified based upon a felony conviction, plead guilty or entered a plea of 

no contest, or based upon a gambling-related offense, theft, fraud, or misrepresentation conviction, 

plead guilty, or entered a plea of no contest, then if that felony or offense is more than ten (10) years 

old, said felony or offense shall not be considered as a disqualifying factor. 

(D) The en banc Tribal Commission may then issue a Certificate of Rehabilitation upon a finding that the 

particular circumstances and behavior of the applicant balanced against the public welfare 

demonstrates the applicant's fitness to serve as a primary management official or key employee. 

Crime 

Felony: 

Felony: 

Theft, Fraud, Misrepresentation, or Gambling Related 

Offense: 

Misdemeanor NOT Theft, Fraud, Misrepresentation, or 

Gambling Related Offense: 

Misdemeanor NOT Theft, Fraud, Misrepresentation, or 

Gambling Related Offense: 

SECTION 13. FINANCING OF CAPITAL IMPROVEMENTS 

13.1 FINANCING AUTHORITY 

Elapsed Time 

Within past 10 years 

More than 10 years 

Within past 10 years 

Within past 5 years 

More than 5 years 

The en banc Tribal Commission shall carry out the financing authority conferred upon it in section 4.18 

(AA) in accordance with this Section 13. 

DTWO Policy 

No license 

No license 

No license 

License only with 

Certificate of 

Rehabilitation 

License 

13.2 BORROWING 

Subject to the limitations set forth in this Section 13.2, the en banc Tribal Commission shall have the 

power to borrow money and incur indebtedness by issuing its obligations, in its own name or in the name 

of and on behalf of the Tribe, for purposes of acquiring, constructing, maintaining, managing and 

improving any capital facilities within Tribal lands and owned or to be owned by the Tribe or the en banc 

Tribal Commission. Such obligations shall be issued and sold in such manner and shall be in the amount 

and form and bear interest at the rate or rates set by the en banc Tribal Commission. Each such obligation 

must be approved by the Tribal Executive Committee prior to its issuance. 

(A) All such obligations shall be payable solely from revenues, income, receipts and profits derived by the 

en banc Tribal Commission from projects or facilities operated by it whether or not such projects 

were financed in whole or in part with the revenue of such obligations; from the revenue of evidences 

of indebtedness issued and sold by the en banc Tribal Commission which are payable solely from any 

of such revenues, income, receipts and profits; or from federal or state grants or other money received 
by the tribe and allocated to the en banc Tribal Commission by the Tribal Executive Committee. The 

en banc Tribal Commission may hrther secure such obligations with any assets of the en banc Tribal 

Commission as the en banc Tribal Commission may specifically pledge to the payment of the 

obligations in accordance with Section 4.1 8 (AA) 

(B) The en banc Tribal Commission is without power to pledge or encumber any other revenues, income 

or assets of the Tribe, or any other organization or instrumentality of the Tribe, to the repayment of 

such obligations. The Tribal Executive Committee may, if it deems it to be in the best interests of the 

Tribe to do so, pledge to the payment of any such obligations such specific revenues, income or assets 

of the Tribe as it may deem appropriate. In any event, no such obligations shall be payable from, or 

be a charge upon, any finds other than the revenues specifically pledged to the payment thereof, nor 

shall the Tribe be liable thereon other than to the extent specifically provided in accordance with this 

subsection, and such limitation shall be expressly stated in each such obligation. 

(C) The en banc Tribal Commission, with the approval of the Tribal Executive Committee, may provide 

for the refinding of any obligation of the en banc Tribal Commission through the issuance of othcr 

obligations of the en banc Tribal Commission, entitled to rights and priorities similar in all respects to 

those held by the obligations that are refunded. 

(D) In connection with the issuance of any such obligations, the en banc Tribal Commission is authorized 

to consent to be sued in accordance with, and subject to the limitations provided in, Section 4.8 As 

provided in Section 4.7, the en banc Tribal Commission is without power to waive the sovereign 

immunity of the Tribe, to consent to the jurisdiction of any court over the Tribe, or to the levy of any 

judgment, lien or attachment upon any property or income of the en banc Tribal Commission, the 

Tribe or any other organization or instrumentality of the Tribe other than that specifically pledged or 

assigned. 

(E) No member of the en banc Tribal Commission, no member of the Tribal Executive Committee, or no 

officer, employee, or agent of the en banc Tribal Commission or the Tribe, shall be personally liable 

for any of the obligations or indebtedness of the en banc Tribal Commission. 

SECTION 14. DRUG AND ALCOHOL TESTING 

The en banc Tribal Commission is committed to providing a work environment free from the effects of 

alcohol and illegal drugs. the Tribe is also committed to providing employees who abuse alcohol or use 

illegal drugs the opportunity for rehabilitation. Consistent with this philosophy, the en banc Tribal 

Commission shall implement comprehensive drug and alcohol testing for all applicants for employment 

and for all employees and Commissioners connected with the gaming enterprise. 

14.1 All applicants for employment in licensed positions shall be required to submit to a drug and alcohol 

test as a condition of obtaining a gaming license. All applicants for employment in non-licensed 

positions shall be required to submit to a drug and alcohol test as a condition of employment. Testing 

shall be in accordance with rules and regulations of the en banc Tribal Commission. 

14.2. Employees shall be required to submit to drug and alcohol testing in accordance with the rules and 

regulations of the en banc Tribal Commission. 

14.3. Refusal by an applicant for employment to submit to a drug and alcohol test shall be grounds for the 

denial of a gaming license and, in the case of a non-licensed position, for the denial of employment. 

Refusal by an employee to submit to a drug and alcohol test shall be grounds for termination of 

employment. 
14.4. In the case of an applicant for employment, a positive test result shall be grounds for the denial of a 

gaming license and/or the denial of employment. In the case of an employee, a positive test result 

shall not result in termination of employment where such result is the employee's first positive test 

result on a drug or alcohol test required by the en banc Tribal Commission, unless: 

(A) the en banc Tribal Commission has given the employee the opportunity to participate, at the 

employee's own expense, in a drug or alcohol counseling or rehabilitation program, whichever is 

more appropriate; and 

(B) the employee has either refused to participate in the counseling or rehabilitation program or has 

failed to complete the program successfully. 

14.5. The en banc Tribal Commission shall develop procedures and forms consistent with this code. 

Section 15. PROCEDURES FOR ALL BACKGROUND INVESTIGATIONS 

The Delaware Tribe acting through the Delaware Tribal Gaming Commission shall be responsible for the 

conduct of all background investigations and suitability determinations required under applicable law. 

The Delaware Tribal Police Chief acting pursuant to the Delaware Tribe law and order code shall be the 

official and shall be held primarily responsible for all responsibilities identified under this section of this 

Gaming ordinance. The Chief of Police, in fulfilling responsibilities hereunder may assign to subordinate 

staff by written statement any aspect of the performance of responsibilities identified by this section. 

15.1 Backwound Investipations. Before any person may commence employment as an operator, 

primary management official, key employee, or employee of any Class 111 gaming operations on 

Indian lands, he shall provide to the Delaware Chief of Police a written release authorizing the Tribe 

to conduct a background investigation. The purpose of the investigation shall be to identify those 

persons whose activities, criminal records, reputations, habits or associations pose a threat to the 

public interest or to the effective regulation and control of gaming, or create or enhance the danger of 

unsuitable, unfair or illegal practices, methods or activities in the operation of gaming or the carrying 

on of business and financial arrangements incidental thereto. The Delaware Tribal Chief of Police 

shall be responsible for informing all key employees and primary management officials of their rights 

under the Privacy Act. 

A. The Delaware Chief of Police shall supply a written report to the En Banc Gaming Commission 

regarding the applicant (s) within (30) days of receipt of the initial request. Criminal history data 

compiled by the Chief of Police shall be in conformance with all applicable federal or tribal law. 

The Delaware Tribal Chief of police will solicit the assistance of the Federal Bureau of 

Investigation (FBI) in the conduct of all background investigations. 

B. Subsequent to initial hire, each person continuing employment as a primary management official or 

key employee in any Class 111 gaming operation on Indian lands shall be subject to an annual 

periodic review. Primary management officials or key employees found to be in violation of the 

applicable criteria identified below shall be dismissed immediately. 

15.2 Ineliaibilitv for Em~lovment. No person shall be employed as an operator, primary management 

official, or key employee in any Class Ill gaming operation on Indian land if the Tribe's Gaming 

Commission determines that the person: 

A. Poses a threat to the public interest; 

B. Poses a threat to the effective regulation and control of Tribal gaming operations; 
C. Creates a danger of illegal practices, methods or activities in the conduct of gaming or in the 

carrying on of the business and financial arrangements incidental to gaming; 

D. Has been convicted of a felony offense within five (5) years of the date of application for 

employment; or 

E. Has falsified any information in an application for employment in gaming. 

15.3 Fingerprinting. The Chief of Police shall be responsible for obtaining and processing fingerprints of 

all key employee and primary management officials. 

15.4 Verification of Information. All data compiled by the Chief of Police shall be verified by a person 

appointed by the En Banc Gaming Commission, such person shall be a member of the Commission 

and shall not be related as defined under "immediate family" under Section 2 above, nor shall there 

be any business relationship between the person appointed and the person whose information is being 

verified. 

15.5 Suitahilitv Determinations. Following the compilation by the Delaware Tribal Police Department of 

all information relative to a suitability determination, and following a review of the material by the 

four Regulatory Commissioners, a recommendation will be made to the En Banc Gaming 

Commission for a final determination. During this procedure, the four Commissioners shall verify all 

information submitted by applicants for key employees and primary management officials The En 

Banc Gaming Commission shall be ultimately responsible for all suitability determinations required 

by this ordinance and applicable federal law. 

15.6 Service of Process. The Chief of Police shall himself or, as necessary, appoint a deputy for the 

purpose of providing service of process regarding any activities conducted pursuant to this ordinance.