(d)

GAMING

With respect to key employees and primary management officials, the SNG Commission shall
retain applications for employment and reports (if any) of background investigations for
inspection by the Chairman of the National Indian Gaming Commission or his or her designee
for no less than three (3) years from the date of termination of employment.

[HISTORY: Law 94-2, February 24, 1994]

Section 205-C. Granting a Class “B” Gaming License.

(a)

(b)

(c)

If, within a thirty (30) day period after the National Indian Gaming Commission receives a
report, the National Indian Gaming notifies the SNG Commission that it has no objection to the
issuance of a license pursuant to a license application filed by a key employee or a primary
management official for whom the SNG Commission has provided an application and
investigative report to the National Indian Gaming Commission, the SNG Commission may

issue a license to such applicant.

The SNG Commission shall respond to a request for additional information from the National
Indian Gaming Commission Chairman concerning a key employee or a primary management
official who is the subject of a report. Such a request shall suspend the 30-day period under
Section 205-c (a) herein until the National Indian Gaming Commission Chairman receives the

additional information.

If, within the thirty (30) day period described above, the National Indian Gaming Commission
provides the SNG Commission with a statement itemizing objections to the issuance of a
license to a key employee or to a primary management official for whom the SNG Commission
has provided an application and investigative report to the National Indian Gaming
Commission, the SNG Commission shall reconsider the application, taking into account the
objections itemized by the National Indian Gaming Commission. The SNG Commission shall
make the final decision whether to issue a license to such applicant.

[HISTORY: Law 94-2, February 24, 1994]

Section 205-D. Class “B” License Suspension.

(a)

(b)

(c)

If, after the issuance of a Class “B” gaming license, the SNG Commission receives from the
National Indian Gaming Commission reliable information indicating that a key employee or a
primary management official is not eligible for employment under Section 205-A herein, the
SNG shall suspend such license and shall notify in writing the licensee of the suspension and

the proposed revocation.

The SNG Commission shall notify the licensee of a time and a place for a hearing on the
proposed revocation of a license.

After a revocation hearing held pursuant to Sections 216, 302, and 303, the SNG Commission
shall decide to revoke or to reinstate the Class “B” license. The SNG Commission shall notify
the National Indian Gaming Commission of its decision.

[HISTORY: Law 94-2, February 24, 1994]

TITLE 15-15


GAMING

(@) The Gaming Monitor shall provide weekly reports to the Treasurer or his authorized
representative in a form prescribed by SNG Commission regulations, and shall provide
the Treasurer with all other financial reports obtained from managers of tribal gaming
operations when obtained. The Treasurer shall_have the Monitors weekly reports
placed in the form of monthly reports, which shall be provided to the SNG Commission
at their monthly meetings, along with any other financial reports obtained by the
Monitor. The Treasurer shall have the Monitor’s reports and any other financial reports
obtained compiled into quarterly financial_reports, which shall_be provided to the
Council on a quarterly basis.

{e) A bond in the amount of Fifty Thousand Dollars ($50,000.00) shall be posted for the
Gaming Monitor by the Seminole Nation.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Sec. 107. Authority of the SNG Commission. The SNG Commission may exercise any proper power
and authority necessary to perform the duties assigned by this Code, including but not limited to the
following:

(a)

(b)

()

The individual members of the SNG Commission shall have the authority to attend gaming
sessions of licensees of the Seminole Nation, including gaming sessions of all gaming
enterprises which do not hold licenses but are required by IGRA to be licensed, in order to
provide oversight of all gaming and to ensure financial accountability and to ensure
compliance with iGRA, this Code, and SNG Commission regulations, provided that such
attendance occurs in such manner and frequency as shall be prescribed by SNG Commission
regulations. The SNG Commission shall assume such responsibilities in a manner consistent
with its oversight responsibilities.

The SNG Commission shall have the authority to hold public hearings, take sworn testimony
and do any other legal act in furtherance of its duties.

The SNG Commission may utilize the legal services of the Attorney General of the Seminole
Nation. The SNG Commission may also engage separate legal counsel for any gaming
enterprise of the Seminole Nation and may engage separate legal counsel for the SNG
Commission, subject to approval of the General Council.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]


GAMING

Section 305. Sanction. Any person who engages in activities on property subject to the provisions of
this Code without a license, in violation of the terms imposed thereon, in violation of terms of
suspension, or in violation of any other provision of this Code, regulations promulgated under or
amendments thereto, shall be subject to SNG Commission action pursuant to the provisions of Section
301 et. Seq. of this Act, including any person who unlawfully trespasses upon any premises licensed
by this Code without the consent of the licensee and/or the SNG Commission. All such action shall be
taken at the discretion of the SNG Commission subject to the right of appeal to the CFR or the
Seminole Nation Court. The SNG Commission may impose the following sanctions and penalties on

such persons:

(a) The SNG Commission shall seize all property used in each and every separate violation of this
Code. Such seized property shall become the property of the Seminole Nation.

(b) The SNG Commission may prohibit persons from trespassing on premises licensed under this
Code.

(c) The SNG Commission shall suspend, revoke, or limit licenses; any may order the forcible
closure of gaming establishments found to be in violation of the law.

(d) The SNG Commission shall require winnings found to have been received in violation of this
Code to be forfeited and shall order it to become property of the Seminole Nation.

(e) The conduct of gaming operations without a license from the Seminole Nation shall subject
any such gaming to the control, taxes and/or supervision of the State of Oklahoma.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 306. Criminal Penalties. Persons found in violation of the provisions of this Act and applicable
laws shall be subject to criminal penalties as set forth in applicable law.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 307. Protection of Informant Identity. The SNG Commission shall refuse to reveal, at any
court proceedings, the identity of any informant, if such revelation would subject he informant to bodily

harm.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991: Codified by Law 91-12, November 16, 1991]

TITLE 15-19


(b)
(c)

GAMING

Chief. “Chief means the Principal Chief of the Seminole Nation.

Gaming. “Gaming” means all forms of Class |, Class li, or Class ill, which are defined as

follows;

(1) Class 1 Gaming. “Class | Gaming’ is:
Social games played solely for prizes of minimal value; or

(a)
(b)

(a)

(b)

(c)

(a)

Traditional forms of Indian gaming when played by individuals in connection
with tribal ceremonies or celebrations

(2) Class II Gaming. “Class || Gaming” means:

Bingo or lotto (whether or not electronic, computer, or other technologic aids
are used when players:

(i)
(i)
(it)

(iv)

Play for prizes with cards bearing numbers or other designations;

Play for prizes with cards bearing numbers or other designations;
Cover numbers or designations when object, similafty numbered or
designated are drawn or electronically determined; and

Win the game by being the first person to cover a designated pattern
on such cards;

if played in the same location as bingo or lotto, pull-tabs, punch boards, tip
jars, instant bingo, and other games similar to bingo;

Non-banking card games that:

(0)

(ii)

State law explicitly authorizes, or does not explicitly prohibit, and is
played legally anywhere in the state: and

Players play in conformity with state laws and regulations concerning
hours, periods of operation and limitations on wagers and pot sizes:

Card games played in the states of Michigan, North Dakota, South Dakota, or

(i)

(ii)

Washington if:

An Indian Nation actually operates the same card games as played
on or before May 1, 1988 as determined by the Chairman; and

The pot and wager limits remain the same as on or before May 1,
1988 as Determined by the Chairman;

Individually owned class |! gaming operations-

(i)
(i)

that is operating on September 1, 1986:
meet the requirements of 25 U.S.C. 2710 (b) (4) (B);

TITLE 15-2


GAMING

Section 206. Application for Renewal of License. REPEALED.

(HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,

1991; Codified by Law 91-12, November 16, 1991;Repealed by Law 94-2, February 24, 1994
Section 207. Display of License. REPEALED.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Repealed by Law 94-2, February 24, 1994.]

Section 208. Amendment of License. REPEALED.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Repealed by Law 94-2, February 24, 1994.]

Section 209. Fees. Each application for an initial or renewal license requiring a fee shall be
accompanied by payment of the fee. All license fees shall be paid to the SNG Commission to offset
compensation and expenses of the SNG Commission.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Amended Law 94-2, February 24, 1994.}

Section 210. Duty of Licensee to Keep Informed of Requirements. Acceptance of a license or

renewal thereof, or condition imposed thereon, by a licensee constitutes an agreement on the part of
the licensee to be bound by all the regulations and/or conditions of the SNG Commission and by the
provisions of this Code as the same are now or may hereafter be amended or promulgated. It is the
responsibility of the licensee to keep himself informed of the contents of all such regulations,
provisions, and conditions, and ignorance thereof will not excuse the violation.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 211. Licenses Non-transferable. The license issued pursuant to the provisions of this Code is
valid only for the person(s) or organization(s) at the place of business shown on the face thereof. Itis

not assignable or otherwise transferable to any other person or organization or for any other location
without the written approval of the SNG Commission.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 212. Licenses Revocable. The Public Gaming Operations license is a revocable privilege,
and no holder thereof shall be deemed to have a part in any vested rights therein or there under. The
burden of proving qualifications to hold any license rests at all times in the licensee. The SNG
Commission is charged by law with the duty of continually observing the conduct of all licensees to the
end that licenses shall not be held by unqualified or disqualified persons or unsuitable person or
persons whose operations are conducted in an unsuitable manner.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

TITLE 15 — 16


GAMING

Section 412. Advance Sales. Gaming opportunities shall be sold and paid for only in advance for use
in a specified game or specified numbered games.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 413. Promotional Activities and Remuneration. Certain licensees may be exempt from
Section 409 and engage in promotions and activities that include prizes or the award of gaming
opportunities as and incentive to allow certain individuals, who provide a specified service or meet
other stated requirements, to participate in games the same as regular participants. Licensees
participating in promotional activities must provide to the SNG Commission full details of all such
activities and receive advance approval for each such promotional activity. Written approval for such
activities must remain on file with the SNG Commission and with the licensee for a period of not less

than one (1) year.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 414. Ball Requirements. Each numbered bail or other device used in a game for the selection
of numbers to be called in play shall be the same weight and size as each of the other balls or devices

used for that purpose of that game.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 415. Operator Control. In all cases the gaming operator must have and exercise complete
control over that portion of the premises being used for gaming at all times said games are being
played. The licensee or permit holder shall be held liable for any violation of the Code.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 416. Location of Games. Games shall be operated and conducted only on the appropriate
licensed premises authorized under this Code.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 417. Price-fixing Prohibited. No manufacturer, distributor, or operator shall make agreement
either express or otherwise with any other manufacturer, distributor, or operator to fix the price at

which any device, paraphernalia, machine, equipment, prize or any other items used in connection
with any of the activities authorized under this Code shall be sold or which services in connection
wherewith shall be rendered. The price of these items in a competitive market place shall be
established by each manufacturer, distributor, or operator for the products and services offered by
each and shall not be established, directly or indirectly, in concert with another.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

TITLE 15 - 22


GAMING

CHAPTER THREE
ENFORCEMENT PROVISIONS

Section 301. Certification of Initial Decision. Whenever upon specific factual finding the SNG
Commission determines that sanctions provided in Section 305 herein should be imposed on a person
because that person has failed to comply with the provisions of this Code or any regulation
promulgated hereunder, or where the SNG Commission takes any action terminating, revoking,
suspending, limiting, or denying the issuance of a license, the SNG Commission shall make a
determination. After five (5) days notice and within ninety (90) days thereof, the SNG Commission
shall hold a hearing at which time the subject shall have an opportunity to be heard and present

evidence.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 302. Hearing. At such hearing it shall be the obligation of the subject of show cause why the
determination is incorrect, why the application question shall not be denied, why the license or licenses
in question shall not be revoked or suspended, why the period of suspension should not be extended,
or to show cause why special conditions or limitations upon a license or permit should not be imposed,
or to show cause why any other action regarding any other person or persons subject to any action

should not be taken.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 303. Decision. Following such hearing the SNG Commission shall, within seven (7) days,
reach a determination concerning the accuracy of the preliminary certification of facts and whether the
license in question should be granted, continued or suspended, revoked, conditioned or limited, and
whether or not any other action recommended to or by the SNG Commission should be taken. Within
three (3) days following this determination the SNG Commission shall make a certification of findings
with a copy thereof to the subject or subjects of that determination. After five (5) days notice and
within ninety (90) days thereof, the SNG Commission shall hold a hearing at which time the subject

shall have an opportunity to be heard and present evidence.

(HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Amended Law 94-2, February 24, 1994]

Section 304. Right to appeal. REPEALED
[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,

1991; Codified by Law 91-12, November 16, 1991;
Repealed Law 94-2, February 24, 1994.]

TITLE 15-18


(1)
(2)

GAMING

Complete a new application form that contains a notice regarding false statements; or

Sign a statement that contains the notice regarding false statements.

Background Investigation. A background investigation for each primary management official
and key employee is required, provided that if a tribal-state compact provides that a state has
exclusive jurisdiction with respect to conducting background investigations and issuing
licenses, the background investigation provisions shall not apply to Class III gaming. The
SNG Commission shall request from each primary management official and from each key

employee all of the following information:

(1)

(2)

(3)

(4)
(5)

(6)

(7)

(8)

(9)

(10)

(11)

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

Currently and for the previous 5 years: business and employment positions held,

ownership
Interests in those businesses, business and residence addresses, and drivers license

numbers;

The names and current addresses of at least three personal references, including one
personal reference who was acquainted with the applicant during each period of
residence listed under paragraph (1) (b) or this section;

Current business and residence telephone numbers;

A description of any existing and previous business relationships with Indian Nations,
including ownership interests in those businesses;

A description of any existing and previous business relationships with the gaming
industry generally, including ownership interest in those businesses;

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

license or permit was granted;

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

For each misdemeanor conviction or ongoing misdemeanor prosecution (excluding
minor traffic violations), within 10 years of the date of the application, the name and
address of the court involved and the date and disposition;

For each criminal charge (excluding minor traffic charges), whether or not there is a
conviction, if such criminal charge is within 10 years of the date of the application and
is not otherwise listed pursuant to paragraph (1) (h) or (1) (i) of this section, the
criminal charge, the name and address of the court involved and the date and

disposition;

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

license or permit was granted;

TITLE 15 - 13


GAMING

{a) To hire and fire employee; or
(b) To set up working policy for the gaming operation; or

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

(y) Secretary. “Secretary” means the Secretary of the Interior.

(z) SNG_ Commission. “SNG Commission” means the Seminole Nation Gaming
Commission established pursuant to this Act.

(zz) | SNG Commissioner. “SNG Commissioner” means a member of the Seminole Nation
Gaming Commission.

(yy)  Iribal-State Compact. “Tribal-State compact” means an agreement between a Nation
and a state about class IIt gaming less than 25 U.S.C 2710(d).

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Amended by Law No. 92-1, March 7, 1992;
Amended by Law No. 94-2, February 24, 1994.]

Section 6. Interpretation of Act. The provisions of this Act, being necessary for the welfare of the
Seminole Nation and its inhabitants, shall be liberally construed to affect the purpose and object

thereof. Section headings contained herein shall not be deemed to govern, limit, modify or in any
manner affect the scope, meaning or intent of the provisions of any article or section hereof.

(HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 7. Severability. The provisions of this Act are severable and if any part or provision hereof
shall be held void by a court of competent jurisdiction, the decision of the court so holding shall not

affect or impair any of the remaining parts or provisions of this Act.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 8. Repeal of Inconsistent Legislation. This Act is intended to amend and replace Seminole
Nation Ordinance 86-2 in its entirety. All other laws of the Seminole Nation inconsistent with the

provisions of this Act and existing as of the effective date of this Act are hereby repealed, including all
inconsistent laws, ordinance, and resolution. Repeal by this Code of any law, ordinance, or resolution
shall not have the effect of reviving any prior law, ordinance, or resolution theretofore repealed or

suspended by such repealed code.

(HISTORY: Ordinance No. 86-2; Ordinance no. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Law 94-2, February 24, 1994 (“Any provision in Title 15 which is
inconsistent with this amendment is hereby repealed. This
law shall be effective upon date of passage.”)]

TITLE 15-6


GAMING

Section 425. Credit. No licensee or any of its members or employees, or any operator conducting or

in any way participating in the conducting of any of the activities, which are authorized by this Code or

by the SNG Commission's rules, shall allow a person to play that activity on credit or shall grant a loan

of any kind at any time to a person playing the activity, except that such credit prohibition shall not

Prohibit the charging of gaming costs on credit cards nationally known and approved by the SNG
ommission.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 426. Fraud. No person involved in the operation of any activity authorized by this Code or a
tule of the SNG Commission shall, directly or indirectly, in the course of such operation employ any
device, scheme, or artifice to defraud; make any untrue statement of a fact, or omit to state a fact
necessary in order to make a statement was made; engage in any act, practice, or course of operation

as would operate as a fraud of deceit upon any person.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 427. Laws and Regulations on Premises. Each licensee shall obtain, maintain, and keep

current a copy of this Act and all regulations of the SNG Commission and any amendments to either,
which shall be located upon the premises used for the conduct of a licensed activity by a licensee
during all times the activity is there conducted. The rules shall be licensee may not have a current
copy of each of the rules of the SNG Commission shall not in any way diminish the licensee's

obligation to abide these rules.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 428. Leases and Agreements. No licensee shall conduct any activity authorized under this
Code upon any premises, if the lease, license, contract, or any other agreement under which right to

use said premises is not first fully disclosed to the SNG Commission.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 429. No Restrictions on Operations. No manufacturer or distributor shail make or have an
agreement or understanding with any licensee that either of them shall be restricted in the operation

and carrying on of business to a specific geographic area or areas, and such a restriction shall not be
a condition of any sales between manufacturer, distributor and any other licensee, provided, that this
shall not prevent a distributor or manufacturer from assigning sales territories among its bona fide

representatives.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

TITLE 15 - 25


0)

@)

(k)

0)

(m)

(n)

(0)

(p)

GAMING

Gaming Operation. “Gaming operation” means each economic entity that is licensed
by a Nation, operates the games, receives the revenues, issues the prizes, and pays
the expenses. A gaming operation may be operated by a Nation directly; by a
management contractor or, under certain conditions, by anoter person or other entity.

General Council. “General Council” means the Gemeral Council of the Seminole

Nation.

Hearing De Novo. “Hearing De Novo” means a new hearing or a hearing for the
second time contemplating an entire trial in the same manner in which matter was
originally heard and a review of previous heraings.

House Banking Game. “House Banking game” means any game of chance that is
played with the house as a participant in the game, where the house takes on all
players, collects from all losers, and pays all winners, and the Ihouse can win.

IGRA. “IGRA” means the Federal indian Gaming Regulatory Act of 1988, 25 U.S.C
§2701.

Indian Lands. “Indian lands” means:
(1) Land within the limits of an Indian reservation; or
(2) Land over which an Indian Nation exercises governmental power and that is
either;
(a) Held in trust by the United States for the benefit of any Indian Nation
or individual; or
(b) Held by an Indian Nation or individual subject to restriction by the
United States against alienation.

Indian Nation. “Indian Nation” means any Indian Nation, band, nation, or other
organized group or community of Indians that the Secretary recognizes as:

(1) Eligible for the special programs and services provided by the United States to
Indians because of their status as Indians; and
(2) Having powers of self-government.

Key Employee. “Key employee” means:
(1) A person who performs one or more of the following functions;

(a) Bingo caller,

(b) Counting room supervisor

(c) Chief of security;

(d) Custodian of gaming supplies or cash:

(e) Floor manager;

(f) Pit Boss;

(g) Dealer;

(h) Croupier;

(i) Approver of credit; or

i) Custodian of gambling devices including persons with access to cash
and accounting records within such devices:


(3)

(e)

0)

(9)

(h)

GAMING

(iii) Where the nature and scope of the game remains as it was on
October 17,1988; and
(iv) Where the ownership interest or interests are the same as on October
17, 1988.
Class Ill Gaming. “Class Ii] gaming” means all forms of gaming that are not class |
gaming or class !! gaming, including but not limited to:
(a) Any house banking game, including but not limited to:

(i) Card games such as baccarat, chemin de fer, blackjack (21), and pai
gow (if played as house banking games;

(ii) Casino games such as roulette, craps, and keno:

(b) Any slot machines as defined in 15 U.S.C. 1171 (A) (1) and electronic or
electromechanical facsimiles of any game of chance:

(c) Any sports betting and parimutuel wagering including but not limited to
wagering on horse racing, dog racing or jai alai; or

(d) Lotteries.

Coilateral Agreement. “Collateral agreement” means any contract, whether or not in
writing that is related, either directly or indirectly, to a management contract or to any
tights, duties or obligations created between a Nation (or any of its members, entitles,
or organizations) and a management contractor or subcontractor (or any person or

entity related to a management contractor or subcontractor).

Electronic, Computer or Other Technologic Aid. “Electronic, computer or other

technologic aid” means a device such as a computer, telephone, cable, television,

satellite or bingo blower and that when used:

(1) Is not a game of chance but merely assists a player or the playing of a game;

(2) Is readily distinguishable from the playing of a game of chance on and
electronic or “facsimile;

(3) ls operated according to applicable Federal communications law.

Electronic_or Electromechanical Facsimile. “Electronic or facsimile” means any
gambling device as defined in 15 U.S.C 1171 (a) (2) or (3).

Game Similar to Bingo. “Game similar to bingo” means any game that meets the

requirements for bingo under §502.3 (a) of this part and that is not a house banking
game under §502.11 of this part.

TITLE 15-3


10)

GAMING

(12) | A current photograph;

(13) Any other information the SNG Commission deems relevant, including but not fimited
to financial statements of the gaming enterprise manager, assistant manager and

cashier; and

(14) Fingerprints consistent with procedures adopted by the SNG Commission according to
25 C.F.R. § 522.2

(h) Conduct_of_Investigation. The SNG Commission shall conduct an
investigation sufficient to make a determination under Section 205-A (i)

herein. In conducting a background investigation, the SNG Commission or its
agent shal! promise to keep confidential the identity of each person
interviewed in the course of the investigation.

Background Review, Decision. The SNG Commission shall review the person's prior
activities, criminal record, if any, and reputation, habits and associations to make a finding

concerning the eligibility of a key employee or primary management official for employment in
a gaming operation. If the SNG Commission determines that employment of the person poses
a threat to the public interest or to the effective regulation of gaming, or creates or enhances
dangers of unsuitable, unfair, or illegal practices or methods and activities in the conduct of
gaming, a tribal gaming operation shail not employ that person in a key employee or primary
management official position.

[HISTORY: Law 94-2, February 24, 1994]

Section 205-B. Class “B” Licensing Report to the National Indian Gaming Commission.

(a)

(b)

(c)

The SNG Commission shall forward an investigative report on each background investigation to
the National Indian Gaming Commission within 60 days after an employee begins work or within
60 days of the National Indian Gaming Commission Chairman's approval of Title 15, as amended
by the Nation of February 24, 1994. An investigative report shall include all of the following:

(1) Steps taken in conducting a background investigation;

(2) Results obtained;

(3) Conclusions reached; and

(4) The basis for those conclusions.

The SNG Commission shall submit, with the report, a copy of the eligibility determination
made under Section 205-A (i) of this section.

If a license is not issued to an applicant, the SNG Commission:

(1) Shall notify the National Indian Gaming Commission; and

(2) May forward copies of its eligibility determination and investigative report (if any) to the
National Indian Gaming Commission for inclusion in the Indian Gaming Individuals

Records System.

TITLE 15 ~ 14


(a)

(1)

(s)

()

(u)

(v)

(w)

(x)

GAMING
License. “License” means the permission by authority of the Seminole Nation to do an
act, which without permission could be illegal. It is a permit granted by the SNG
Commission for a consideration to a person, group, community, firm or corporation to
pursue gaming regulation under the jurisdiction of the Seminole Nation.

Management Contract. “Management contract” means any contract, subcontract, or
collateral agreement between an Indian Nation and a contractor or between a

contractor and a subcontractor if such contract or agreement provides for the
management of all or part of a gaming operation.

National Indian Gaming Commission. “National Indian Gaming Commission” means
the federal Commission established by the National Indian Gaming Regulatory Act.

National Indian Commission Chairman. “National Indian Gaming Commission
Chairman’ means the Chairman of the National Indian Gaming Commission.

Net Revenues. “Net revenues,” means gross gaming revenues of an Indian gaming

operation less:
(1) Amounts paid out as, or paid for, prizes; and

(2) Total gaming-related operating expenses, excluding management fees.

Person Having a Direct or Indirect Financial _Interest in_a Management Contract.

“Person having a direct or indirect financial interest in a management contract” means:

(1) When a person is a party to a management contract, any person having a
direct financial interest in such management contract:

(2) When a trust is a party to a management contract, any beneficiary or trustee;
(3) When a partnership is a party to a management contract, any partner;

(4) When a corporation is a party to a management contract, any person who is a
director or who holds at least 10% of the issued and outstanding stock alone
or in combination with another stockholder who is a spouse, parent, child or

sibling; or
(5) When an entity other than a natural person has an interest in a trust,
partnership or corporation that has an interest in a management contract, all

parties of that entity are deemed to be persons having a direct financial
interest in a management contract.

Person Having Management Responsibility for a Management Contract. “Person

having management responsibility for a management contract” means the person
designated by the management contract as having management responsibility for the
gaming operation, or a portion thereof.

Primary Management Official. “Primary management official” means:

(1) The person having management responsibility for a management contract:
(2) Any person who has authority;

TITLE 15-5


GAMING

CHAPTER FOUR
RULES OF OPERATION AND GENERAL APPLICABILITY

Section 401. Records, Returns and Audits. It shall be the responsibility of the SNG Commission to
promulgate regulations establishing proper accounting procedures and methods of operations for all
licensees, so that all monies or things of value received and/or paid out may be properly monitored
and accounted for. All licensees under this Code shall be required to keep an approved accounting
system, which comply with, but not be limited to all applicable provisions of this Code or reflect all
business and financial transactions involved or connected in any manner with the operation and
conducting of activities authorized by this Code. The SNG Commission shail require by regulation that
all accounting procedures and methods be established by the Seminole Nation for any licensed

gaming enterprise.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 402. Player Rates. All Gaming licensees shall charge players for games at rates approved by
the SNG Commission. The rate shall be fixed for each licensee and posted conspicuously on the
premises. Each person paying for the opportunity to participate in a game shall be given an approved
receipt for the game or pack, which shall be numbered and dated, which can be readily identified as
belonging to that licensee. Each game or pack issued shall represent a specific amount of money,
which has been paid to the licensee. The amount of money represented by each game or pack issued
shall be clearly made known to all players prior to anyone paying to participate in the activity.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 403. Licensee Avoidance of Payment of Proceeds. Any delay, maneuver or action of any
kind, which in the opinion of the SNG Commission, is effectuated by any licensee to uniawtully avoid
paying the proceeds properly owing to the Seminole Nation shall constitute grounds for taking any
disciplinary action deemed necessary by the SNG Commission, including but not limited to revoking,
suspending, limiting, or refusing to renew the license of any licensee.
(HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 404. Production of Records; Hearings. No applicant, licensee, or employee thereof shall
neglect or refuse to produce records or evidence under their control, or to give information upon proper
and lawful demand by the SNG Commission, or shall otherwise interfere with any proper and lawful
efforts by the SNG Commission to produce such information. The SNG Commission may summon
any licensee or a licensee's agents, employees, or suppliers to appear to testify with regard to the
conduct of any licensee or the agents, employees, or suppliers of any licensee. All such testimony
shall be given under oath and may embrace any matters, which the SNG Commission may deem
relevant to the discharge of its official duties. Any person so summoned to appear shall have the right
to be represented by counsel. Any testimony so taken may be used by the SNG Commission as
evidence in any proceeding or matter before the SNG Commission. Failure to appear and testify fully
at the time and place designated, unless excused, shall constitute grounds for revocation of
suspension of any license held by the person summoned, his principal, or employee, or the loss of the
privilege to further supply any person licensed under this Code.

TITLE15 - 20


4 yONAL ‘No,

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23

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NG comm”
OCT 17 203

Jennifer Henshaw McBee

General Counsel, Seminole Nation of Oklahoma

C/o Andrews Davis Legg Bixler Milsten & Price, P.C.
500 West Main Street, Suite 500

Oklahoma City, OK 73102-2275

Re: Seminole Nation Gaming Ordinance
Dear Ms. McBee:

By letter dated July 10, 2003, hand-delivered and received on that date, you
submitted amendments to Seminole Nation of Oklahoma Gaming Ordinance, codified as
Title 15 of the Seminole Nation Code, for review and approval by the National Indian
Gaming Commission (NIGC) Chairman. The Seminole Nation General Council adopted
the amendments on December 1, 2001, with Ordinance 2001-12, described as a Law
(Ordinance) amending seven sections of the Title 15 (§§ 102, 105, 106 (a-d), 107a, 204a,
and 501) and adding one new section (§ 218). You subsequently provided a copy of
Ordinance 2001-9, adopted on September 29, 2001, which contained the same
amendment to Section 501 adopted with Ordinance 2001-12, and discussed the viability
of this amended section with Commission staff on October 3, 2003

IGRA and NIGC regulations require that tribes conducting gaming submit their
gaming ordinance and amendments to the ordinance for review and approval by the
NIGC Chairman. The Seminole Nation submitted its gaming ordinance, Law No. 94-2,
on February 24, 1994. The NIGC Chairman approved the ordinance in a letter to the
Seminole Nation dated May 31, 1994. The Nation did not submit any amendments for
approval subsequent to that date, before receipt of your letter of July 10, 2003. Under
NIGC regulations, amendments to an approved tribal gaming ordinance are to be
submitted for approval by the NIGC Chairman within fifteen days following their
enactment

The Chairman will approve tribal gaming ordinances and amendments to those
ordinances so long as they comport with the requirements of IGRA and NIGC regulations
but will disapprove ordinances and amendments that do not. See 25 C.F.R. Parts 522 and
523. Under 25 C.F.R. §§ 522.9 and 523.4, if the Chairman does not take action to
disapprove an ordinance or amendment within 90 days of receipt, the Ordinance or
amendment shall be considered approved but only to the extent that such amendment is
consistent with the provisions of IGRA and NIGC regulations.

NATIONAL HEADQUARTERS 1441 St. NW, Suite 9100, Washington, DC 20005 Tel: 202.632.7003 Fax: 202.632.7066 WWW.NIGC.Gov

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


GAMING

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 103. Outside ment and Activities of SNG Commissioners. A SNG Commissioner may
not hold any other tribal position except temporary duties assigned by Executive Order to be
performed without increase in compensation. The SNG Commissioner may be engaged in a business
or employment outside the tribe. The SNG Commissioner shall not engage in any business which is
subject to provisions of this Code or which has commerce with any licensee under this code.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 104. Removal of SNG Commissioners. A SNG Commissioner may be removed from office
prior to the end of any term only when the General Council by an affirmative vote of nineteen (19)
members removes said commissioner for one of the following reasons: (1) failure to carry out his or
her responsibilities, (2) conviction in any court of competent jurisdiction of a misdemeanor involving
dishonesty, or (3) for any gross neglect of duty or misconduct reflecting on the dignity and integrity of
the General Council by General Council Resolution. The SNG Commissioner may be suspended by
the Chief if said SNG Commissioner fails to carry out his or her responsibilities, or is found guilty in any
court of competent jurisdiction of a misdemeanor involving dishonesty, or for any gross neglect of duty
or misconduct reflecting on the dignity and integrity of the General Council for ninety (90) days, and if
the SNG Commissioner is so suspended the Chief shall commission a member of the Seminole Nation
to serve as Acting SNG Commissioner during the suspension of any SNG Commissioner, and shall
provide written notification to the General Council of such measure stating grounds for suspension. An
Acting SNG Commissioner shall have all powers of SNG Commissioner.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 105. Duties of the SNG Commission.

(a) The SNG Commission shall be charged with the sole responsibilities of administering and

enforcing the provisions of this Code.
(b) The duties of the SNG Commission Shall include but not are limited to the following:

(1) The SNG Commission shall promulgate regulations necessary to administer the
provisions of this Code, provided that in adopting, amending, or repealing any
regulations under this code, the SNG Commission shall give prior notice of the
proposed action to all licensees and other persons whom the SNG Commission has
feason to believe have a legitimate and direct financial interest in such proposed

action.

(2) The SNG Commission shall print and make available application forms for initial and
renewal licenses, as well as any other necessary licenses.

(3) The SNG Commission shall supervise the collection of all fees prescribed in this
Code.

TITLE 15 -8


GAMING

Section 9. Codification. At such time as the laws and ordinances of the Seminole Nation Code of

Laws, and an appropriate title number and section numbers shall be assigned to the provisions of this
ct.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 10. Effective Date of Act. This Act shall become effective as an amendment to Seminole
Nation Ordinance 86-2 immediately upon passage of this Act by the General Council of the Seminole
Nation.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified By Law 91-12, November 16, 1991]

Section 11. Proprietary Interest. The Seminole Nation shall have sole proprietary interest and
responsibility for the conduct of gaming activities conducted in Indian country subject tot he jurisdiction
of the Seminole Nation, with the exception of tribally licensed gaming operations owned by any person
or entity other than the Seminole Nation and conducted in Indian country subject to the jurisdiction of
the Seminole Nation.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]
CHAPTER ONE
SEMINOLE NATION GAMING COMMISSION
Section 101. Establishment of Seminole Nation Gaming Commission: Terms. In order to provide for

the orderly development, administration, collection of gaming receipts and regulation of Gaming within
the boundaries of the Seminole Nation, there is established the Seminole Nation Gaming Commission.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 102. Appointment _and Terms of SNG Commissioners. The Chief shall nominate three
members of the Seminole Nation to serve on the SNG Commission, subject to confirmation by

resolution duly adopted by the General Council. When the SNG Commission is initially established,
one SNG Commissioner shall be seated for a three (3) year term, one SNG Commissioner shall be
seated for a two (2) year term, and one SNG Commissioner shall be seated for a one (1) year term.
Thereafter, all SNG Commissioner shall serve a three year term commencing on the date of expiration
of the preceding term. Each SNG Commissioner may serve a second three year term is appointed for
a second term by the Chief, subject to confirmation by resolution duly adopted by the General Council.
Gaming Commissioners _shall_b i to full_time itions on _an_ as d_basis

determined by the General Council of the Seminole Nation of Oklahoma.

TITLE 15-7


GAMING

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1994]

Section 502. The Seminole Nation shall provide the Federal Indian Gaming Commission with
annual outside audits of gaming, which may be encompassed within existing independent tribal audit
systems. All contracts for suppliers, services, or concessions for a contract amount in excess of
$25,000 annually gaming shall be subject to such independent audits.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]


GAMING

Section 430. Manufacturers and Distributors. All licensees shall be responsible to insure that each
manufacturer and each distributor selling or distributing equipment or other things used, directly or
indirectly, in said licensee’s gambling activities and who is not a Seminole Nation resident or resident
corporation shall designate a natural person, who is a resident living in the Seminole Nation and who
is eighteen (18) years of age or older, as a resident agent for the purpose of receipt and acceptance of
service of process and other communications on behalf of the manufacturer distributor. The name and
business address where service of process and delivery of mail can be made, and home address of
such designated resident agent shall be filed with the SNG Commission. All said manufacturers of
distributors must be listed with the SNG Commission.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 431. Exhibition of Ball Numbers to Players. Immediately before the calling of each number in
a game, the caller shall turn the portion of the ball or other device used to determine which number is
called, which shows the number and letter to the participants in the game, so that participants may
know that the proper number is being called out.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 432. Progressive Payout. All licensees conducting games with a progressive payout feature
will provide to the SNG Commission, for approval, the system for accumulation and account
restrictions of funds so designated. The procedure and any amendments thereto must receive prior

written approval of the SNG Commission.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 433. Employee Listings. All employees must be listed with the SNG Commission. Such lists
are to be kept current.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

CHAPTER FIVE
REVENUES AND AUDITS

Section 501. A seventy percent (70%) of the Nation’s share of net profits (i.e.; gross gaming
revenue minus prize payments and vendor payments, which is called net win, minus all expenses
including but not limited to salaries, wages, utilities, depreciation expense, purchases of new
equipment, insurance, debt payment, miscellaneous purchases of new equipment, insurance, debt
payment, miscellaneous expenses, etc.) from the SNDA's gaming operations shall be distributed to the
Gaming Revenue Account. Remaining thirty percent (30%) share of the said net profits shall be
retained for operations and development by the Seminole Nation Development Authority, its
corporations, partnerships, joint ventures or other arrangements or undertakings which is the source of

the profits or dividends.

TITLE 15-26


(2) If not otherwise included, any other person whose total cash compensation is
in excess of $50,000 per year; or,

(3) If not otherwise included, the four most highly compensated persons in the
gaming operation.

TITLE 15-4


GAMING

Section 213. Suspension of Licenses. REPEALED.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Repealed by Law 94-2, February 24, 1994.]

Section 214. SNG Commission Review of Contracts. As a provision of licensing, all contracts or
agreements with the Seminole Nation that include gambling or related activities must be reviewed by
the SNG Commission. The SNG Commission shall make recommendations to the Council regarding
approval or disapproval of said contracts and agreements.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 215. Ground for Denial, Suspension, Revocation or Refusal to Renew License. Violation of
any provisions of this Code or any of the SNG Commission’s rules by a licensee, his agent, or
employee shall be seemed contrary tot he public health, safety, morals, good order, and general
welfare of the Seminole Nation and the inhabitants of the Seminole Nation, and shall be grounds for
refusing to grant or renew a license, grounds for suspension or revocation of a license or grounds for
the filing or a civil action for forfeiture by the SNG Commission.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 216. Denial and Revocation of Licenses; Hearing. The SNG Commission shall afford an
applicant for a license an opportunity for a hearing prior to final action denying such application and
shall afford a licensee or any other person(s) subject to this Code the opportunity for a hearing prior to
taking final action resulting in terminating, revoking, suspending, or limiting a license or any other
adverse action the SNG Commission deems appropriate; provided, that prior to hearing the SNG
Commission may summarily temporarily suspend or extend suspension of license for sixty (60) days in
those cases where such action is deemed appropriate by the SNG Commission. In cases where a
license is suspended prior to a hearing, an opportunity for a hearing shall be provided. All hearings
conducted pursuant to this Section shall be conducted in compliance with Section 301 et. Seq. of this
Act.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,1991; Codified by Law 91-12,
November 16, 1991]

Section 217. Implementation of Licensing Requirements. The SNG Commission shall ensure that the

policies and procedures set out in this section are implemented with respect to key employee and

primary management officials employed at any class II gaming enterprise operated on Indian Lands.
[HISTORY: Law 94-2, February 24, 1994.]

Section 218. Vendor Licensing: The SNG Commission shall also have the responsibility of

licensing vendors in all gaming facilities, subject to a flat rate to be determined by Seminole
Nation Gaming Commission. All license fees shall be paid to the SNG Commission to offset
compensation and expense of the SNG Commission.

TITLE 15-17


GAMING

Section 418. Licensee Responsibility. Licensees must supervise and be directly responsible for all
activities on the premises authorized by license under this Code, except as specifically outlined in

Management Agreement approved by Council Resolution.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 419. Safety and Welfare. The construction and maintenance of the gaming facility, and the
gaming operation must be conducted in a manner which adequately protects the environment, public
health, safety, morals, good order, and general welfare of the citizens of the Seminole Nation. Alt
alterations or modifications of the facility must be approved by the SNG Commission. Responsibility
for the employment and maintenance of suitable methods of operation rests with the licensee and
willful and persistent use or toleration of unsuitable methods of operation will constitute grounds for
license revocation or other disciplinary actions.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 420. Receipt required for income and prizes in gaming. All income from games shall be

receipted at the time the income is received from each individual player, and all prizes shall be
receipted for by the winner of each prize at the time the prize is distributed to each individual winner.

Receipts shall meet the following requirements:

(1) Income receipts forms. Income receipt forms shall be based upon a cash register system. An
identification number shall be on the receipt given to the customer, which is one of a series of
such numbers printed consecutively, and a corresponding number is recorded together with a
record of the transaction being kept inside the cash register. Further, the following information
shall appear upon the receipt rolls retained in the machine showing those transactions shall be
retained with the records of the licensee for a period not less than two (2) years.

(2) Receipt for prizes. Receipts for prizes shall contain the following information: The name of
the licensee operating the activity; the date the transaction took place; the receipt number and
the gaming number, the true name and address of the winner of the prize; a description of the
prize won and any value of that prize which has been represented to the player by the
licensee. It shall be the responsibility of the licensee to see that the prize winners are properly
and accurately identified upon the receipt for the prize, and the licensee shall require such
proof of identification as is necessary to properly establish the winner's identity. The licensee
shall not pay out any prize unless and until the winner has fully and accurately furnished to the
licensee all information required by this rule to be upon the receipt for the prize. One duplicate
of each prize receipt shall be given to the winner, and the other duplicate of prize receipts shall
be retained by the licensee as part of its records for a period of not less than five (5) years.

(HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 421. Inspection of Premises. Any premises licensed or any premises connected physically or
otherwise with a licensed business, including vehicles used in connection therewith, shall at all time be
open to inspection by the SNG Commission, Gaming Monitor, or any other authorized representative
of the Seminole Nation. At any time during which a licensed gaming or related administrative activity
is being conducted on a premises, the SNG Commission, Gaming Monitor, or any other authorized
representative of the Seminole Nation may enter upon the premises without advance notice and shall

be allowed to:

TITLE 15 - 23


TITLE 15
GAMING

REVISED 11/2001

GENERAL PROVISIONS
Section 1. Title. This Act shall be cited as the “Seminole Nation Public Gaming Act.”

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 2. Authority. The Nation is empowered to enact this Act pursuant to the Constitution of the
Seminole Nation, Art. V, Sec. (a) & (d).

(HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 3. Findings. The General Council finds that:

(a) The present needs of the Seminole people include employment and training, health care,
educational opportunities, nutrition, mental health, juvenile services, housing, planning and
development, legal services, senior citizen programs and social services which are not
presently being met in sufficient quantity by United States government agencies.

(b) The Seminole Nation desires to be self-sufficient in its internal affairs, as reliance upon federal
resources has been adverse to the quality of life within this nation in both the recent and far
past.

(c) The regulation of public gaming within the Seminole Nation is in the interest of the Seminole
people and their health and welfare;

(d) Public gaming operations have been introduced to the Seminole Nation, and it is of vital
interest to the public health, safety and welfare of the Seminole people that the Nation
regulated public gaming in a manner commensurate with the interests of the Seminole people;

(e) The Indian Gaming Regulatory Act of 1988, 25 U.S.C. §2701 et seq., recognizes the authority
of the Seminole Nation to regulate gaming within its borders;

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 4. Purpose. The purpose of this Act is to promote the public health, safety and welfare of the
Seminole people by regulation of public gaming activities and to generate revenue for self-
perpetuation and essential governmental services.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 5. Definitions. For the purpose of this Act-

(a) Chairman. “Chairman” means the chairman of the National Indian Gaming Commission or his
designee.

TITLE 15-1


LICENSING

Section 201. License required. Any person conducting public gaming operations on property within
the Seminole Nation and which is subject to the jurisdiction of the Seminole Nation shall be required to
have and display prominently and appropriate, valid and current Public Gaming license issued
pursuant to the provisions of this Code. A separate license is required for each place, facility, or
location at which gaming operations are conducted. Any other forms of Public Gaming operations
being conducted within the jurisdiction of the Seminole Nation without the lawful written approval of the
Seminole Nation Gaming Commission are prohibited.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 202. Classes and fees. REPEALED
[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Repealed by Law 94-2, February 24, 1994.]

TITLE 15 ~ 10


GAMING

Section 205-A. Key Employee or Primary Management Class “B” License; Application Forms.

(a) Key Employee or Primary Management Class “B” License. The SNG Commission shall issue

a Class “B” License to each key employee or primary management official of a bingo
enterprise pursuant to Section 205-A through 205-D herein at no cost. The License shall grant
the applicant the revocable privilege of acting as a key employee at a licensed facility during
the course of his employment, provided that the SNG Commission may review any key
employee license annually pursuant to rules and regulations established by the SNG

Commission.

(b) Application and Licensing Deadlines. When a key employee or primary management official
begins work at a gaming operation authorized by Title 15 herein, a completed application for
employment and conduct the background investigation and make the determination referred to
in Section 205-A (i) herein. The gaming operation shall not employ as a key employee or
primary management official a person who does not have a license after 90 days.

(c) Privacy Act Notice. The following notice shall be placed on the application form for a key
employee or a primary management official before that form is filled out by an applicant:

“In compliance with the Privacy Act of 1974, the following information is provided: Solicitation of the
information on this form is authorized by 25 U.S.C. 2701 et seg. The purpose of the requested
information is to determine the eligibility of individuals to be employed in a gaming operation. The
information will be used by National Indian Gaming Commission members and staff who have need
for the information in the performance of their official duties. The information may be disclosed to
appropriate Federal, Tribal, State, local, or foreign law enforcement and regulatory agencies when
relevant to civil, criminal or regulatory investigations or prosecutions or when pursuant to a q
requirement by a investigations or prosecutions or when pursuant to a requirement by a Nation 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
Nation or a gaming operation. Failure to consent to the disclosures indicated in this notice will result
in the Nation’s being unable to hire you in a primary management official or key employee position.
The disclosure of you Social Security Number (SSN) is voluntary. However, failure to supply a SSN
may result in errors in processing you application.”

(d) Privacy Act Notice Update for Existing Employees. Key employee and primary management

Officials already employed as of February 24, 1994 shall be notified in writing that they shall
either:

(1) Complete a new application form that contains a Privacy Act Notice; or

(2) Sign a statement that contains the Privacy Act notice and consent to the routine uses
described in that notice.

(e) Notice of Penalties for False Statements. The following notice shall be placed on the
application form for a key employee or a primary official before that form is filled out by an
applicant. A false statement on any part of your application may be grounds for not hiring you,
or for firing you after you begin work. Also, you may be punished by fine or imprisonment.
(U.S. Code, Title 18, Section 1001.)

(f) Notice of Penalties Update for Existing Employees. The SNG Commission shall notify in

writing key employees and primary management officials already employed as of February 24,
1994 that they shall either:

TITLE 15-12


SEMINOLE NATION OF OKLAHOMA

LAW NO. 2001 - 12

A LAW (ORDINANACE) AMENDING §§ 102, 105 (5), 105 (8), 106 (a-d), 107a,
204a, 218(added, 423 and 501 OF TITLE 15 (GAMING) OF THE CODE OF LAWS OF
THE SEMINOLE NATION OF OKLAHOMA.

BE IT ENACTED BY THE GENERAL COUNCIL OF THE SEMINOLE NATION OF
OKLAHOMA THE ATTACHED ORDIANCE WITH AMENDMENTS.


GAMING

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 405. Security Licensees Shall Provide for their Facility Security. Security plans or

amendments shall be approved by the SNG Commission prior to implementation.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 406. Dual Employment. Unless prior written approval is obtained from the SNG Commission,
no person employed in the conduct of Gaming operating under one license shall be employed under
any other license authorized to operate under this Code.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991}

Section 407. Age Limit for Gaming. No person, who is under the age of eighteen (18), shall be
allowed to participate in any manner in the operation of any game with cash prizes. No person(s)
under the age of sixteen (16) shall be allowed on the gaming floor while games for cash are being
conducted. No person(s) under the age of twelve (12) shall be allowed on the premises unsupervised.
It shall be the responsibility of the licensee to enforce the provisions of this section.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 408. On duty operators shall not play. No operator shall allow a person who manages or
receives any compensation, directly or indirectly, for the operation of games conducted by the operator

to play a game while on duty. No operator shall allow any person who assists in the operation of any
game conducted by the operator to play in any game conducted by the operator within twenty-four (24)

hours of the time said person did so assist.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 409. No free games for winners. No free games or any opportunity to play in a game shall be
awarded or given to a person as prize for or conditioned upon winning a game or games.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 410. IGRA Requirements. No game shall be conducted which does not comport with Class |
or Class | requirements of IGRA.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 411. Prize Awards. Every prize award during the operation authorized shall be awarded only
to the person(s) actually winning the prize and displaying the proper admission ticket.

[HISTORY: Ordinance No, 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

TITLE15 - 21


Jennifer Henshaw McBee
Page 2 of 2

The Chairman did not act within 90 days to disapprove Ordinance 2001-12, and,
accordingly, the Nation may treat the Ordinance as approved. However, as discussed
with NIGC staff on October 3, 2003, this approval does not extend to revised Section 501
because the revision is not consistent with the requirements of IGRA and NIGC
Regulations. The revised Section 501 directs that 70% of gaming revenue be placed in a
“Gaming Revenue Account,” the uses for which are undefined. Under IGRA and NIGC
Regulations, gaming revenue must be used for specific purposes and these purposes must
be set forth in the tribe’s gaming ordinance. These purposes are to fund tribal
government operations, provide for the general welfare of the tribe and its members,
promote tribal economic development, be donated to charitable organizations, or used
help fund operations of local government agencies. See 25 U.S.C. and § 2710(b)(2)(B)
and 25 C.F.R. § 522.4(b). The version of Section 501 included with the submission
approved by the NIGC Chairman on May 31, 1994, included these purposes. The revised
Section 501 does not.

We encourage the General Council to take action to clarify that original Section

501 is the operative provision.

Sincerely yours,

.

Penny J. Coleman
Acting General Counsel


GAMING

(a) Make an account of all monies on the premises and all monies received during the operation
of the licensed activity located on the premises, inspect all receipts for prizes which have been
awarded by the licensee;

(b) Inspect any other records, accounts or other related information of the licensee, or of any
member who directly participates in the management, operation, or promotion of a licensed
activity; or of any employee of the licensee; or of any operator of the licensed activity;

(c) Inspect, including the dismantling of all pieces of equipment or parts thereof or devices of any
nature, which are being used to conduct the licensed activity.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 422. Removal of Records and Equipment during inspection. When the SNG Commission
finds cause to believe that there is a reasonable probability that the provisions of this Code, including
any amendments thereto or any of the rules passed by the SNG Commission have been or are being
violated by the licensee or its employees or operators, they may move to another location or locations
for further inspection or investigation of any and all records and any and all equipment, parts thereof,
devices, or things(s) which has been removed form the premises. Each such record, piece of
equipment, part thereof, or thing(s) so removed shall be returned to the premises or to the address of
the licensee with ten (10) days (except Saturdays, Sundays, and days when tribal offices are legally
closed) in as good condition as it was when it was removed unless the SNG Commission determines
that the record, equipment, devices, or thing(s) so removed are necessary for an ongoing investigation
and/or evidence of possible violations of this Code or rules of the SNG Commission by the licensee, by
employers of the licensee or by operators of the licensed activity. The SNG Commission shall notify
the licensee of the reasons said property or thing(s) are to be so held.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 423. Alcoholic Beverages. No beverage containing alcohol, including but not limited to beer
or liquor, shall be offered or awarded as a prize or in lieu of a prize for winning at any time. Licenses

Shall be required in accordance with applicable laws for the sale of liquor on premises where
gaming is played.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 424. Firearms. No firearms, air guns which are capable of discharging dangerous projectiles
or gases, including but limited to “B.B.’s” or CO2 guns, rifles, shotguns, pistols, or revolvers shall be
allowed on the premises, except as permitted by regulation of the SNG Commission.

{HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

TITLE 15 - 24


GAMING
(4) The SNG Commission shall assist the Tax Commission of the Seminole Nation in the
supervision of the collection of all taxes pertaining to gaming prescribed by the
laws of the Seminole Nation.

(8) The SNG Commission shall be provided with reports of income of any gaming
enterprise and the payment of all expenses of operation for such gaming enterprise.

(8) The SNG Commission shall processes all gaming license applications and the
issuance of licenses, including:

(a) Determine applicable license fees.

(b) Review all gaming operation contracts, records and documents and anything else
Necessary and pertinent to the financial accountability of licensees or enforcement
of any provision of gaming operation contracts, agreements, IGRA, this Act, and
other applicable laws of the Seminole Nation.

(c) Deny any license application, limit, condition, suspend, or restrict any license,
make a finding of suitability or approval of a license.

(7) The SNG Commission shall recommend the budget for its operations to the General
Council and take any other steps necessary to fulfill duties and responsibilities under
the code.

(8) The SNG Commission shall_be required to take steps necessary to fulfill its
duties and responsibilities under this code. The SNG Commission shall have
their own separate account to house the budgeted amount of funds. To fulfill its
duties and responsibilities under this code, the SNG Commission shail also

have their own check writing authority, requiring two signatures from an Officer
of the SNG Commission with a signature from the Seminole Nation

Administrative Office.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Sec. 106. Gaming Monitor. The SNG Commission shall hire a Gaming Monitor,
pursuant to Seminole Nation hiring policies, who shall be a permanent part-time

employee of the Seminole Nation Gaming Commission. The responsibilities of the
Gaming Monitor shall be as follows:

fa) The Gaming Monitor shall attend gamii sions of all licensees of the Seminole
Nation, including gaming sessions of all gamii terprises which do not hold licenses
but are required by IGRA to be licensed, as frequently as required by SNG Commission
requlations.

(b) The primary responsibility of the Gaming Monitor will be oversight of the gaming
activities of licensees of the Seminole Nation, including all gaming enterprises which
do not hold licenses but are required by IGRA to be licensed, to ensure financial
accountability and to ensure compliance with IGRA, and this Code. This oversight will

be conducted in a manner prescribed by SNG Commission requiations.

(c) The Gaming Monitor shall be responsible for obtaining from managers of Seminole
Nation gaming Operations all financial reports required by gaming management

agreements with the tribe.

Title 15-9


GAMING

Section 203. Exemptions. Gaming conducted by churches and ceremonial grounds and “gaming not
for gain” are not public gaming operations under the terms of this Code, and therefore do not require a
license under this title. “Gaming not for gain” is gaming in which no cash or valuable prizes are won,
other than ‘points’ for cumulative competitive ratings, or ‘places’ for immediate competitive rankings,
and is not subject to the provisions of this Code. However, with the exception of churches and
ceremonial ground, gaming for gain which is conducted by a non-profit organization is subject to the
requirements of this code if cash or valuable prizes are awarded. “Valuable Prize” means an object or
service worth One Hundred Dollars ($100.00) or more in fair market value.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991]

Section 204. Applications for Licenses.

(a) Facility Class “A” License. The SNG Commission shall issue a separate Class “A” license to each
place, facility, or location on Indian lands where class II gaming is conducted under Title 15 of the
Code of Laws of the Seminole Nation. The license shall be issued for an annual fee of not less
than Three Hundred Dollars ($300). The license shall grant the applicant the revocable privilege
of conducting gaming operations during the calendar year for which the license was issued. All
establishments wherein gaming operations are to be conducted must be certified as safe by the
SNG Commission prior to issuance of a license.

(b) Application and Renewal Deadlines. Applications for Class “A” license shall be submitted at least
ninety (90) days prior to the initial conduct of business, and shall be submitted by October 1 of the
year preceding the calendar year for which the license is sought.

(c) Display of License. Every Class “A” licensee shall display in a prominent place a current and valid
license for that location.

(d) Amendment of License. When a Class “A” licensee changes a location of gaming activities within
the Seminole Nation, the SNG Commission shall issue a corrected license for the balance of the
current period reflecting the new address upon reasonable proof of change of address and without
imposition of an additional license fee.

(e) Revocation of License. Class “A” licensees may have their right to operate gaming activities within
the Seminole Nation and may have their license to game suspended for a period not to exceed
one hundred eighty (180) days, if found in violation of any of the requirements of this Act,
regulations of this Act, or other applicable laws.

[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,
1991; Codified by Law 91-12, November 16, 1991;
Amended by Law 92-4 February 24, 1994.]
Section 205. Safety; Issuance of License. REPEALED.
[HISTORY: Ordinance No. 86-2; Ordinance No. 91-08, August 29,

1991; Codified by Law 91-12, November 16, 1991;
Repealed by Law 94-2, February 24, 1994.]

TITLE 15 - 11