NOV 2 0 2006 

Ms. Paula Penz 

Gaming Commissioner 

Choctaw Nation Office of Public Gaming 

P.O. Box 5229 

Durant, OK 74702-5229 

Re: Amended Gaming Ordinance 

Dear Ms. Penz: 

This letter is in response to your request for the National Indian Gaming Commission 

(NIGC) to review and apprclve the Choctaw Nation of Oklahoma Class I1 and I11 Revised 

Gaming Ordinance, Council Bill CB-05-07, enacted by the Tribal Council on October 14, 

2006. 

This letter constitutes approval of your submission under the Indian Gaming Regulatory 

Act (IGRA). It is important to note, however, that approval is granted for gaming only 

on Indian lands, as defined the in IGRA, over which the Nation has jurisdiction. 

itting the Revised and Amended Gaming Ordinance for review and 

staff and I look forward to working with you and the Nation on 

NATIONAL HEADQUARTERS 1441 L 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 
IN THE TRIBAL COUNCIL OF THE CHOCTAW NATION 

A COUNCIL BILL 

A COUNCIL BILL TO APPROVE THE REVISED AND UPDATED CHOCTAW 

NATION GAMING ORDINANCE 

WHEREAS, the Choctaw Nation of Oklahoma Gaming Commission sees the need to update 

and revise the Choctaw Nation. Gaming Ordinance originally written and approved in 1995 when 

our gaming facilities only offered bingo and pulltabs. 

WHEREAS, the National Indian Gaming Commission (NIGC) has recommended that our 

ordinance be updated to reflect the many changes, advancements and unprecedented growth in 

the gaming industry. 

WHEREAS, the passage of the gaming compact with the State of Oklahoma allows for a new 

class of gaming, new licensing requirements (such as vendor licensing), and new tort and prize 

claim procedures that were not addressed in the old ordinance. 

THEREFORE BE IT ENACTED by the Tribal Council of the Choctaw Nation of Oklahoma 

that this Act be cited as approval to adopt the new and revised Choctaw Nation Gaming 

Ordinance that will become effizctive upon approval from the National Indian Gaming 

Commission. 

CERTIFICATION 

I, the undersigned, as Speaker off the Tribal Council of the Choctaw Nation of Oklahoma, do 

hereby certify that the Tribal Council is composed of twelve (12) seats. Eight (8) members must 

be present to constitute a quorum. I further certify that twelve ( 12 ) members answered 

roll call and that a quorum was present at the Regular Session of the Tribal Council at 

Tuskahoma, Oklahoma, on October 14,2006. I further certify that the foregoing Council Bill 

CB-- 05 --07 was adopted at such meeting by the affirmative vote of twelve ( 12 ) 

members, and zero ( o ) negative and zero ( o ) abstaining. 

Charlotte ~acksdfn, Secretary 

Choctaw Nation Tribal council 

Choctaw Nation Tribal Council 
Choctaw Nation of Oklahoma 

Class Il & Ill Revised 

Gaming Ordinance 

Choctaw Nation Tribal 

Compliance Agency 
Table of Con tents 

Section # Topic 

Chapter I General Provisions 

Authority 

Definitions 

Gaming Authorized 

Ownership of Gaming 

Use of Gaming Revenue 

Audit 

Tribal Access to Financial Information 

Environment and Public Health and Safety 

Gaming Establishment/Facility Licenses 

Standards for Issuing Gaming Establishmentrnacility Licenses 

Tribal Internal Control Standards (TICS) 

Applicable Law 

Certification of Gaming Devices 

Chapter I1 Organization 

Gaming Commission Establishment 

Gaming Commission Composition 

Gaming Commissior~ Purpose 

Gaming Commission Suitability Standards 

Gaming Commission Powers and Duties 

Gaming Commission Records 

Ethics 

Chapter I11 Prize and Tort Claims/Patron Disputes 

Prize and Tort ClaimsIPatron Disputes 

Patron Rights Regarding Disputes 

Gaming Commission Action on Patron Disputes 

Chapter IV Violations 

Violations 

Ejection of Patrons 

Right to Exclude or Rernove 

Page # 
Section # Topic 

Chapter V Employee Licensing 

Requirements of Gaming Licenses 

Standards for Employee Licenses 

Licensing for Key Employees and Primary Management Officials 

License Application Forms 

Non-transferability of License 

License Fees 

Fingerprints 

Background Investigations 

Procedures for Conducting a Background Check on Applicants 

Eligibility Determination 

Procedures for Forwarding Applications and Reports for Key Employees and 

Primary Management Officials to the NIGC 

Report to the NIGC 

Granting a Gaming L ,icense ' 

License Suspension 

Board of Review for Licensing Disputes 

Chapter VI Vendor Licensing 

6.01 Licensing for Vendors 

6.02 Submission of a Vendor License Application 

6.03 Contents of the Vendor License Application 

6.04 Vendor Background Investigation 

6.05 Vendor License Fee 

6.06 Vendor Background Investigation Report 

6.07 Licenses for Non-Gaming Vendors 

Chapter VII Miscellaneous Provisions 

7.01 Sovereign Immunity 

7.02 Agent for Service of Process 

7.03 Compliance with Federal Law 

7.04 Compliance with State-Tribal Gaming Act 

7.05 Severability 

7.06 Amendment 

7.07 Effective Date 
CHAPTER I 

General Provisions 

Section 1.01 AuthoriQ 

The Choctaw Tribal Council, empowered by the Choctaw Constitution to enact 

Ordinances, hereby enact!; this Ordinance in order to govern Class I, Class 11, and Class 

I11 Gaming Operations on the Choctaw Indian lands. 

Section 1.02 Definitions 

Unless a different meaning is clearly indicated in this Ordinance, the terms used herein 

shall have the same meaning as defined in the Indian Gaming Regulatory Act (IGRA), 25 

U.S.C. 5 2701 et seq., and its regulations, 25 C.F.R. 5 500 et seq. Specifically: 

A. "Cheating" means operating or playing a game in a manner in violation of the 

written or commonly understood rules of the game, with the intent to create for 

himself/herself or someone in privity with himher an advantage over and above the 

chance of the game. 

B. "Class I Gaming" sha.11 have the same meaning as defined in the Indian Gaming 

Regulatory Act and any regulations promulgated thereunder. 

C. "Class I1 Gaming" shall have the same meaning as defined in the Indian Gaming 

Regulatory Act and any regulations promulgated thereunder. 

D. "Class I11 Gaming" shall have the same meaning as defined in the Indian Gaming 

Regulatory Act and any reg;ulations promulgated thereunder, provided that any Class I11 

Gaming shall be operated pursuant to an approved Tribal-State compact as required by 

the Indian Gaming Regulatory Act. 

E. "Commission" means the Choctaw Nation Tribal Gaming Commission established 

by this gaming Ordinance to perform regulatory oversight and to monitor compliance 

with Tribal, Federal, and applicable State regulations. 

F. "Commissioner" mean:; a Choctaw Tribal Gaming Commissioner. 

G. "Compact" means the State-Tribal Compact (ENR. S. B. No. 1252) concerning 

Class I11 gaming approved by the Secretary of the Interior and published in the Federal 

Register pursuant to 25 U.S.C. 5 2710. 

H. "Complimentary" means a service or item provided at no cost, or at a reduced cost 

to an individual. 
I. "Directly related to" means a spouse, child, parent, grandparent, grandchild, aunt, 

uncle, or first cousin. 

J. "Employee Manager" is a manager other than a "Management Contractor" employed 

by the Tribe to manage a tribal Gaming EstablishmentRacility. 

K. "Gaming Establishment/Facility" means any location or structure, wherein gaming 

is licensed, promoted, performed, conducted, or operated. 

L. "Gaming Operation" means any business enterprise owned by the Tribe, the 

revenues of which are primarily derived from gaming or from any Gaming 

EstablishmentRacility. 

M. "Gaming Ordinance" or "Ordinance" means this Tribal Gaming Ordinance of the 

Choctaw Nation, as amended from time to time, and any rules promulgated thereunder. 

N. "IGRA" means the Indian Gaming Regulatory Act, 25 U.S.C. $2701 et.seq. 

0. "Indian lands" means: 

1. All lands within the limits of the Tribe's reservation; and 

2. Any lands title to which is either held in trust by the United States for the 

benefit of the Tribe or individual or held by the Tribe or individual subject to 

restriction by the IJnited States against alienation and over which the Indian 

Tribe exercises governmental power. 

3. All lands acquired into trust for the benefit of the tribe after October 17, 1988, 

must meet the requirements set forth in 25 U.S.C. €j 2719. 

P. "In Privity With" means one who acts jointly with another or as an accessory before 

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

Q. "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 
(j) Custodian of gambling devices including persons with access to cash and 

accounting records within such devices; 

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 fow most highly compensated persons in the 

Gaming Operation. 

4. The Gaming Commission may designate any other employee or classes of 

employees as a Key Employee for licensing or any other purpose. 

R. "Licensen means any authorization granted by the Commission, pursuant to this 

Ordinance, to any person, which is required for such person to perform certain acts or 

engage in certain activities. The issuance of a license shall not create a property or 

liberty interest in such license for the benefit of the licensee. 

S. "Licensee" means any person who has been issued a valid and current license 

pursuant to the provisions of chapter V or VI of this Ordinance. 

T. "Management Contractorn means the person or entity holding a contract entered 

into pursuant to 25 U. S. C. ,$$2711. 

U. "MICS" means Minimum Internal Control Standards. 

V. "Minor" means a person less than eighteen (1 8) years of age. 

W. '4Nation" means the Choctaw Nation of Oklahoma. 

X. "Net Revenues" means gross gaming revenues of an Indian Gaming Operation less: 

1. amounts paid out as, or paid for, prizes; 

2. and total gaming-related operating expenses, excluding management fees. 

Y. "NIGC" means the National Indian Gaming Commission. 

2. "Patron" means any person, other than an employee, who is on the premises of a 

gaming establishment. 

AA. "Person" means any individual, firm, partnership, corporation, company, or 

association. 
BB. "Primary Management Official" means: 

1. The person(s) having management responsibility for a management 

contract; 

2. Any Person who has authority; 

(a) to hire and fire employees; or 

(b) to set up working policy for the Gaming Operation; or 

(c) the chief financial officer or other Person who has financial 

management responsibility. 

CC. "Principal" means, with respect to any entity, its sole proprietor or any partner, 

trustee, beneficiary or shareholder holding five percent (5%) or more of its beneficial or 

controlling ownership, ei~her directly or indirectly or any officer, director, principal 

management employee, or key employee thereof. 

DD. "State" means the State of Oklahoma. 

EE. "Threat to the Proper Conduct of Gaming Operation" means a Person whose 

activities, criminal record, if any, or reputation, habits, and associations would create or 

enhance the dangers of unsuitable, unfair, or illegal practices and methods and activities 

in the conduct of gaming; and which would not be in the best interest of the public or 

effective regulation of gaming. 

FF. "Tribe" means the Ch.octaw Nation of Oklahoma. 

Section 1.03 Gaming Authorized 

Class I, Class 11, and Class XI1 gaming are hereby authorized. 

Section 1.04 Ownership of Gaming 

The Tribe shall have the sole proprietary interest in and responsibility for the conduct of 

any Gaming Operation authorized by this Ordinance. 

Section 1.05 Use of Gaming Revenue 

Net revenues from Tribal gaming shall be used only for the following purposes: 

A. to fund Tribal governme~lt operations and programs; 
B. to provide for the general welfare of the Tribe and its members; 

C. to promote Tribal eco:nomic development; 

D. to donate to charitable: organizations; or 

E. to help fund operations of local government agencies. 

Section 1.06 Audit 

A. The Tribe shall cause an annual outside independent audit of Gaming Operations to 

be conducted, and shall su.bmit the resulting audit reports to the NIGC. 

B. All gaming related contracts that result in the purchase of supplies, services, or 

concessions in excess of $25,000.00 annually, except contracts for professional legal and 

accounting services, shall be specifically included within the scope of the audit that is 

described in subsection (A.) above. 

Section 1.07 Tribal Access to Financial Information 

A copy of the Tribal Gaming Operation annual audit will be made available for review, 

upon request, to: 

A. the Tribe's business committee, 

B. the Tribe's Gaming Commission, and 

C. the Tribal Council. 

Section 1.08 Environment and Public Health and Safety 

A. Gaming Establishments/Facilities shall be constructed, maintained and operated in a 

manner that adequately protects the environment and the public health and safety. 

B. The Choctaw Nation Safety Department shall adopt standards that assure adequate 

protection of the environment and the public health and safety. 
Section 1.09 Gaming Esta blishmen tmacility Licenses 

The Commission shall issue a separate license, annually, to each place, facility, or 

location on Indian lands where Class I1 or Class 111 gaming is conducted under this 

Ordinance. 

Section 1.10 Standards for Issuin~ Gaming EstablishmentIFacility 

Licenses 

The Commission shall issue a facility license to a Gaming Establishment/Facility, if the 

Gaming Establishment/Fac;ility: 

A. Is a sound physical structure with adequate and safe plumbing, electrical, heating, 

cooling and ventilation systems in place and operational; 

B. Has been inspected and approved for safety by a building and fire inspector 

designated by the Commis:;ion; 

C. Is adequate in all respects to accommodate the gaming intended to be carried on 

within the structure; 

D. Is equipped with security and surveillance equipment meeting or exceeding 

provisions set forth in regulations established by the NIGC; 

E. Meets all requirements of applicable Federal, Tribal and State law; and 

F. Has paid all applicable license fees and costs. 

Section 1.11 Tribal Internal Control Standards (TICS) 

The Tribe shall adopt and implement Tribal Internal Control Standards (TICS) for the 

operation of its Tribal Gaming Operation in accordance with applicable law. The Tribe's 

TICS shall be set out in separate regulations to be reviewed and approved by the Gaming 

Commission. 

Section 1.12 Applicable Law 

A. All controversies involving contracts relating to gaming entered into under the 

authority of the Tribal Council, or violation(s) of any section of this Ordinance, shall be 

resolved, as appropriated in accordance with: 

1. the laws of the Tribe; 
2. the Indian Gaming Regulatory Act; 

3. NIGC Regulations; and 

4. the laws of the State of Oklahoma, which are incorporated herein by reference. 

B. To the extent that the provisions of any State-Tribal compact entered into by the 

Choctaw Nation and the State of Oklahoma are inconsistent with any provisions of this 

Ordinance, the provisions of the State-Tribal Compact shall govern Class 111 gaming on 

Choctaw Indian lands. 

Section 1.13 Certification of gamin^ Devices 

All gaming devices operated under the authority and rights granted by and within the 

State-Tribal Compact must meet the technical standards pursuant to Part 4 Paragraph B 

of said compact. The Commission shall maintain a complete list of all gaming devices 

(whether or not such devices are in use) located at any Gaming Establishment/Facility. 
CHAPTER 11 

Organization 

Section 2.01 Gaming Commission Establishment 

The Tribe hereby establishes a Tribal Gaming Commission whose duty it is to regulate 

Tribal Gaming Operations. The Choctaw Gaming Commission shall consist of three (3) 

Commissioners, one of whom shall be designated by the Chief of the Choctaw Nation as 

the Chairperson. Gaming Commissioners shall be appointed by the Chief of the Choctaw 

Nation, with the advice, consent, and confirmation of the Choctaw Tribal Council. 

Section 2.02 Gaming Commission Composition 

The Choctaw Nation Gaming Commission shall maintain an administrative office and 

staff personnel. The Gam.ing Commission staff will consist of Compliance Oficers, 

Background Investigators,. Vendor License Investigators, Auditors, Information 

Technology Technicians, Fingerprint Technicians, Office support personnel and any 

other personnel to properly operate the Gaming Commission Office. Such office shall 

serve as the Commission's main business office and shall be the site at which the 

Commission's records and documents are maintained and stored on a permanent basis. 

Section 2.03 gamin^ Commission Purpose 

The purpose of the Commi:;sion is regulatory, not managerial. The Commission shall 

conduct oversight to ensure compliance with Tribal, Federal, and State laws and 

regulations. The Commission shall serve as the licensing authority for individuals 

employed in the Gaming Operation and shall administer background investigations as 

part of the licensing process. The Commission shall also have a role in monitoring 

compliance with the internal controls for the Gaming Operation and in tracking revenues. 

In order to carry out its regulatory duties, the Commission shall have unrestricted access 

to all areas of the Gaming Operation and to all records. The Commission shall have 

authority to take enforcement actions, including suspension or revocation of an individual 

gaming license when appropriate. 

Section 2.04 Gaming Commission Suitability Standards 

Nominees for positions of Tribal Gaming Commissioner must satisfy the suitability 

standards set forth for Key Employees and Primary Management Officials, found in 

Section 5.03 of this Ordinance. Such background investigations shall be performed under 

the direction of the Tribal Council or duly appointed agent. 
Section 2.05 Gaming Commission Powers and Duties 

The Choctaw Gaming Commission shall: 

1. Administer, monitor, and enforce all provisions of the Gaming Ordinance; 

2. Conduct or cause to be conducted background investigations, at a minimum, 

on primary management officials, key employees and any or all other employees 

as necessary; 

3. Review and approve all investigative work conducted; 

4. Report results of background investigations to the NIGC; 

5. Obtain and proc:ess fingerprints; 

6. Determine the eligibility of persons to have licenses renewed, suspended, 

conditioned, revoked, or denied; 

7. Determine departmental budget; 

8. Assess and collect fees; 

9. Make licensing Suitability Determinations, which shall be signed by the 

Chairman of the Gaming Commission; 

10. Issue and review gaming licenses to management officials and employees of 

the operation, consistent with the Suitability Determination; 

11. Issue Gaming EstablishmentlFacility licenses to Tribal Gaming Operations; 

12. Inspect, examine and monitor all gaming activities, and have immediate 

access to review, inspect, examine, photocopy and audit all records of the Gaming 

Establishment/Facil ity; 

13. Ensure compliance with all Tribal, State, and Federal laws, rules, and 

regulations regarding Indian gaming; 

14. Investigate any suspicion of wrongdoing associated with any gaming 

activities; 

15. Review Patron complaints, in compliance with procedures established in the 

Gaming Ordinance ;md other Tribal gaming regulations; 
16. Comply with any and all reporting requirements under the Indian Gaming 

Regulatory Act, State-Tribal Compact to which the Tribe is a party, and any other 

applicable law; 

17. Promulgate and issue regulations necessary to comply with applicable Tribal 

internal control standards and the MICS of the NIGC; 

18. Promulgate and issue regulations on the levying of fees andor taxes 

associated with gaming license applications; 

19. Promulgate and issue regulations on the levying of fines andor suspension or 

revocation of gaming licenses for violations of the Gaming Ordinance, or any 

other Tribal, Federal, or State, gaming regulations; 

20. Establish a list of persons not allowed to gamble in Tribal Gaming 

Establishments/Facilities in order to maintain the integrity of gaming; 

21. Establish a list of persons who have voluntarily asked to be excluded from 

Tribal Gaming Est~ablishments/Facilities and create regulations for enforcing this 

exclusion; 

22. Provide referra.1~ and information to the appropriate law enforcement officials 

when such information indicates a violation of Tribal, Federal, or State statutes, 

Ordinances, or resolutions; and 

23. Perform such other duties the Commission deems appropriate to fully 

perform its duties for the proper regulation of the Tribal Gaming Operation. 

Section 2.06 Gaming Commission Records 

A. The Commission shall ensure that all records and information obtained as a result of 

an employee background investigation shall remain confidential and shall not be 

disclosed to persons who are not directly involved in the licensing and employment 

processes. Information obtained during the course of an employee background 

investigation may only be disclosed to members of management, human resource 

personnel or others employed by the Tribal Gaming Operation on a need-to-know basis 

for actions taken in their official capacities. 

B. This Section does not apply to requests for such information or records from any 

Tribal, Federal or State law enforcement or regulatory agency, or for the use of such 

information or records by the Commission and staff in the performance of their official 

duties. 

C. The Commission shall keep a written record of all its meetings. 
D. The Commission shall maintain an administrative office. No individual except a 

Commissioner or other authorized employee or agent of the Commission may possess a 

key to or may enter any Commission office without the permission of the Commission. 

No person may access such records except a Commissioner, a person duly authorized by 

the Commission or an attorney for the Commission. 

Section 2.07 Ethics 

A. The Tribe recognizes that the duties of the Commission include making important 

decisions on highly sensitive issues. As such, the Tribe has determined that the 

Commission shall be held to extremely high ethical standards. Prior to taking their 

positions on the Commission (members and staff), the members and staff shall agree to 

be bound by the following principles: 

1. Members and staff shall not hold financial interests that conflict with the 

conscientious performance of their duties as managers and regulators. 

2. Members and staff shall not engage in financial transactions using nonpublic 

information or all'ow the improper use of such information by others on their 

behalf to further any private interest. 

3. Members and scaff shall not solicit or accept any gift or other item of monetary 

value, including complimentary items or services from any person or entity 

seeking official action or inaction from, doing business with, or conducting 

activities regulated by the member's organization, or whose interests may be 

substantially affected by the performance or nonperformance of the member's 

duties. 

4. Members and staff shall make no unauthorized commitments or promises of 

any kind purporting to bind the Tribe. 

5. Members and staff shall not use their positions for private gain. 

6. Members and staff shall act impartially, in accordance with all relevant Tribal, 

Federal, and State laws, and shall not give preferential treatment to any private 

organization or individual, including any persons related to members and staff. 

7. Members and staff shall ensure that Tribal property and gaming assets shall be 

properly segregated and safeguarded, and that such property and assets shall not 

be used for unauthorized activities. 

8. Members and staff shall not engage in outside employment or activities, 

including seeking or negotiating for future employment, which conflict with their 

official duties and responsibilities. 
9. Members and staff shall disclose waste, fraud, abuse, and corruption to 

appropriate authorities. 

10. Members and staff shall endeavor to avoid any actions creating the 

appearance that they are violating the law or the ethical standards listed herein. 

I I. Members and staff shall disclose any real or apparent financial or personal 

conflicts. If there is a real conflict or the appearance of one, the member shall not 

take part in any decision related to the conflict. 
CHAPTER I11 

Prize and Tort ClaimslPatron Disputes 

Section 3.01 Prize and Tort ClaimsIPatron Disputes 

A. Any Patron who has any dispute, disagreement or other grievance with the Gaming 

Operation in connection with his or her play of any covered game, the amount of any 

prize which has been awarded in connection with any covered game, the failure to be 

awarded a prize in connec:tion with any covered game, or the right to receive a refund or 

other compensation in connection with any covered game, hereinafter "prize claim", 

must seek resolution of such dispute as identified and outlined within the State-Tribal 

Compact (ENR. S.B. No. 1252, Part 6 B and C "Prize Claim"). 

B. Patrons having a tort claim for personal injury or property damage against the Gaming 

Operation arising out of incidents occurring at a Gaming Establishment/Facility or 

Gaming Operation, hereinafter "tort claim", shall be afforded due process in seeking and 

receiving just and reasonable compensation as outlined within the State-Tribal Compact 

(ENR. S.B. No. 1252, Part 6 A "Tort Claims"). 

C. Any Patron who has any dispute, disagreement or other grievance with any area of the 

Gaming Establishrnent/Fac:ility or Gaming Operation not related to Section 3.01 A and B 

(as stated above) may seek resolution of such dispute from the following persons and in 

the following order: 

1. a member of the staff in the relevant area of the Gaming Operation; 

2. the supervisor in the relevant area of the Gaming Operation in which the 

dispute arose; 

3. the manager of the relevant Gaming Operation; 

D. Resolutions of any dispute by the personnel of a Gaming Operation and the Patron 

shall always involve two or more staff members. 

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

involved to their supervisor, or, in the case of the General Manager of the Gaming 

Operation, to the Choctaw Gaming Commission. 

F. Patron complaints must be filed within (10) ten days of the occurrence or event which 

has brought about the dispute. 
Section 3.02 Patron Rights Regarding Disputes 

When a Patron brings a dispute for resolution to the Gaming Operation pursuant to 

Section 3.01 C, the complainant has the right to explain hisher side of the dispute, and to 

present witnesses in connection with any factual allegations. At each level, if the dispute 

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

the next higher level. For disputes that are unresolved upon the completion of steps 1, 2, 

and 3 of Section 3.01 C, the Gaming Operation shall forward all documentation 

indicating the efforts to resolve the dispute to the Choctaw Gaming Commission. 

Section 3.03 Gaming Commission Action on Patron Disputes 

All unresolved disputes which are submitted to the Choctaw Gaming Commission shall 

be decided by the Gaming Commission based on documented information provided by 

both the Gaming Operalion and the complainant. The decision of the Gaming 

Commission shall be in writing, shall be issued within thirty days (30) of submission of 

the matter to the Gaming Commission, and shall be provided to the General Manager of 

the Gaming Operation and to the complainant. All decisions of the Choctaw Gaming 

Commission are final. 
CHAPTER IV 

Violations 

Section 4.01 Violations - 

A. No Person shall operate or conduct any gaming activity in a Gaming Operation within 

the exterior boundaries of Tribal lands without a gaming license issued by the Gaming 

Commission as required by this Ordinance. 

B. No Person shall knowin.gly submit false or misleading information to the Commission 

or the Tribe. 

C. No Management Contractor shall fail to account fully for all monies received or 

collected in connection with gaming activities or to file any report required by the 

management contract . 

D. No Minor shall be employed by a Gaming Operation or shall otherwise be permitted 

entry into the Gaming Esta.blishment/Facility or to participate in any gaming activities. 

Minors may be allowed entry into casino restaurants for dining purposes. 

E. No Person shall engage in Cheating in any gaming activity or engage in any 

fraudulent conduct affecting either the Tribe or a Patron or a Gaming Operation. 

F. No Person, other than an officer of the Choctaw Nation Law Enforcement, or CrossCommissioned Law Enforcement Agencies, or Choctaw Security Personnel, may enter or 

remain in a Gaming Establishment/Facility licensed under this Ordinance while in the 

possession of a firearm or other weapon(s). 

G. Any Person who is In I'rivity With a person who violates this Ordinance shall be 

deemed to be in violation of this Ordinance to the same extent as the violator, and shall 

be treated accordingly. 

H. Where applicable, the Management Contractor is responsible for ensuring that all 

primary management officials and key employees assisting in the operation of any 

gaming activity on the Management Contractor's behalf comply with this Ordinance. A 

violation by any such officials or employees, unless otherwise provided in an approved 

management contract, shall be deemed a violation by the Management Contractor and 

shall subject the contractor to civil enforcement action. It shall not be a defense that the 

Management Contractor was unaware of the violation. 

I. No Person, whether playing or conducting any gaming activity authorized under this 

Ordinance, shall: 

I. use bogus or counterfeit cards, or substitute or use any game cards that have 

been tampered with; 
2. employ or have on one's Person any cheating device to facilitate cheating in 

any gaming activity; or 

3. knowingly cause, aid, abet, or conspire with another Person or cause any 

Person to violate any provision in this Ordinance or any rule adopted under this 

Ordinance. 

J. A Gaming Operation's establishment shall be constructed, maintained, and operated 

in a manner that does not threaten the environment or the public health and safety. 

Section 4.02 Eiection of Patrons 

A. The following improper conduct shall result in ejection of a Patron from any Gaming 

Establishment/Facility: 

1. Cheating; 

2. possession of weapons in the gaming establishment; 

3. possession of alcohol that has been brought by a Patron into the Gaming 

Establishment/Facility or onto Tribal property; 

4. possession of a controlled substance in the Gaming Establishment/Facility or 

on Tribal property;, 

5. disorderly conduct, including the willful, or wanton disregard for the rights of 

others; i.e. theft of any type, fighting, disturbing the peace, indecent language or 

gestures; 

6. failure to comply with staff instructions or house rules or any other act which 

is disruptive to the Gaming Operation; or 

7. is visibly under the influence of liquor, a drug or other intoxicating substance. 

B. Failure by a Patron to provide legal proof of age (i.e. State or Governmental issued 

ID, driver's license, etc.) when requested by Gaming Operation personnel shall result in 

ejection of the Patron from the premises. 

C. Ejection of a Patron shall be accomplished by Security Personnel or Choctaw Nation 

Law Enforcement or Cross-Commissioned Law Enforcement Agencies, upon committing 

violation(s) as identified within this Ordinance, or at the request of the Gaming 

Operation. 

D. Either the employee manager or Management Contractor of the Gaming Operation or 

an alternate designated by either shall be present at all times to resolve complaints by 
Patrons involving the operation of Class I, Class 11, or Class I11 games at the 

establishment. 

Section 4.03 Ri~ht to Exclude or Remove 

If the Commission deems it in the best interest of the Tribe, the Commission may exclude 

or remove any Persons from the premises of any Gaming Operation. The employee 

manager or Management Contractor of the Gaming Operation shall also have the 

authority to exclude or remove any Person from the Gaming EstablishmentlFacility, and 

all such actions shall be reported to the Commission within 24 hours of the taking of such 

action. 
CHAPTER V 

Employee Licensing 

Section 5.01 Requirement of Gaminp Licenses 

A Tribal gaming license i:: required of the following individuals: 

1. Primary Management Officials; 

2. Management Contractors; 

3. Key Employees; 

4. all other employees of any Gaming Operation; and 

5. all Commissioners and employees of the Gaming Commission. 

Section 5.02 Standards for Employee Licenses 

A. Licenses issued hereunder to Primary Management Officials, Management 

Contractors, and Key Employees shall be issued according to requirements at least as 

stringent as those set forth in 25 CFR §§556 and 558, and any amendments thereto. 

B. Recognizing the need for an established procedure for the licensinglpermitting of the 

Choctaw Nation gaming facility employees, the following is hereby declared to be a 

policy of the Choctaw Nation Gaming Commission. Pursuant to federal law (P. L. 100- 

497) regarding gaming on [ndian lands, each gaming Tribe shall ensure that there exists a 

standard whereby any Person whose prior activities, criminal record, if any, or reputation, 

habits and associations pose a threat to the public interest or to the effective regulation of 

gaming, or create or enhance the dangers of unsuitable, unfair, or illegal practices and 

methods and activities in the conduct of gaming shall not be eligible for employment. 

Therefore, the purpose of this Regulation shall be construed to protect the Choctaw 

Nation Gaming Operation fkom potentially detrimental influences. 

Section 5.03 Licensing for Key Employees and Primary Management 

Officials 

A. The Tribe shall ensure that the policies and procedures set out in this section are 

implemented with respect to Key Employees and Primary Management Officials 

employed at any gaming enterprise operated on Indian lands. The Tribe will issue 

licenses and perform background investigations according to requirements at least as 

stringent as 25 C.F.R. Parts 556 and 558, and part ten of the Tribal-State Compact. No 
Person shall be employed as a Primary Management Official, Key Employee or as an 

employee of any Gaming Operation within the jurisdiction of the Choctaw Nation, unless 

such a Person has received and holds a valid license as required pursuant to this 

Ordinance. 

B. As a condition of receiving a Key Employee license or Primary Management Official 

license, the holder thereo'f must acknowledge in writing that they understand the terms, 

including but not limited to, all provisions of this Gaming Ordinance, and conditions of 

receiving said license and agree to abide by the terms and conditions. 

Section 5.04 License Application Forms 

A. The following notice shall be placed on the application form for a Key Employee or a 

Primary Management Offjicial: 

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. Th'e 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 Tribe and the National Indian Gaming Commission members 

and staff who have: a 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 necessary pursuant 

to a requirement by a Tribe or the NIGC in connection with the hiring or firing of 

an employee, the issuance or revocation of a gaming license, or investigation of 

activities while associated with a Tribe or a Gaming Operation. Failure to consent 

to the disclosures indicated in this notice will result in a Tribe being unable to hire 

you in a primary mimagement official or key employee position. 

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

failure to supply a SLSN may result in errors in processing your application. 

B. The following additional notice shall be placed on the application form for a Key 

Employee or a Primary Management Official: 

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 fines 

or imprisonment. (1J.S. Code, Title 18, section 1001) 
Section 5.05 Non-transferability of License 

A license may not be assigned or transferred and is valid only for use by the person in 

whose name it is issued and at the Gaming EstablishmentfFacility for which it is issued. 

Section 5.06 License Fees 

The Tribe may charge a license fee, to be set by the Commission, to cover its expenses in 

investigating and licensing Key Employees and Primary Management Officials of the 

Gaming Operation. 

Section 5.07 Fingerprints 

A. Each applicant for a Key Employee or Primary Management Official shall be 

required to have fingerprints taken as part of the license application procedure. 

B. Fingerprints shall be taken by the Choctaw Gaming Commission. Fingerprints of Key 

Employee and Primary Management Official applicants will then be forwarded to the 

NIGC for processing through the FBI to determine the applicant's criminal history, if 

any. 

Section 5.08 Backpround Investigations 

A. The Commission is responsible for conducting background investigations and 

suitability determinations. 

B. The Commission shall request from each Primary Management Official and from 

each Key Employee all of the following information: 

1. Full name, other names used (oral or written), social security number(s), birth 

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

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

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

and driver's license numbers; 

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

including one personal reference who was acquainted with the applicant during 

each period of residence listed under paragraph (B)(2) of this section: 

4. Current business i~nd residence telephone numbers; 
5. A description of any existing and previous business relationships with Indian 

Tribes, including ownership interests in those businesses; 

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

gaming industry generally, including ownership interests in those businesses; 

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

Person has filed an application for a license or permit related to gaming, whether 

or not such license or permit was granted; 

8. For each felony for which there was an ongoing prosecution or a conviction, 

within ten years (of the date of the application, the charge, the name and the 

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

9. For each conviction or ongoing misdemeanor prosecution (excluding minor 

traffic violations), within ten years of the date of the application, the name and 

address of the court involved and the date and disposition; 

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

there is a convicticm, if such criminal charge is within ten years of the date of the 

application and is :not otherwise listed pursuant to paragraph (B) (8) or (B) (9) of 

this section, the criminal charge, the name and address of the court involved and 

the date and disposition; 

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

Person has filed an application for an occupational license or permit, whether or 

not such license or permit was granted; 

12. A recent photograph; 

13. Military service history; and 

14. Any other information the Tribe deems relevant. 

Section 5.09 Procedures for Conducting a Back~round Check on 

Applicants 

A. As part of its review procedure, the Commission or its agent shall employ or engage 

an investigator to conduct a background investigation on each applicant sufficient to 

allow the Commission to make an eligibility determination. The investigator shall: 

1. Verify the applicant's identity through items such as a social security card, 

driver's license, birth certificate, or passport; 
2. Contact each personal and business reference provided in the license 

application, when possible; 

3. Obtain a personal credit check; 

4. Conduct a civil history check; 

5. Conduct a cr.imina1 history check via the submission of the applicant's 

fingerprints to the NIGC, and further obtain information from the appropriate 

court regarding pa.st felony andlor misdemeanor convictions and criminal charges 

within the last ten years. 

6. Inquire into any previous or existing business relationships with the gaming 

industry and Indian tribes by contacting the entities or tribes; 

7. Verify the applicant's history and status with any licensing agency by 

contacting the agency; and 

8. Take other appropriate steps to verify the accuracy of the information, 

focusing on problem areas noted. 

B. The investigator shall create an investigative report noting the steps taken, 

information gained, potential problem areas, and disqualifying information. 

C. The Commission shall promise to keep confidential the identity of each Person 

interviewed in the course of the investigation, other than disclosure as required under 

Federal, Tribal, or State law. 

Section 5.10 Eligibility Determination 

The Commission shall review a 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 

Commission determines that employment of the Person poses a threat to the public 

interest or to the effective regulation of gaming, or creates or enhances dangers of 

unsuitable, unfair, or illegal practices and methods and activities in the conduct of 

gaming, a tribal gaming operation shall not employ that Person in a Key Employee or 

Primary Management Official position. 

Section 5.1 1 Procedures for Forwarding Applications and Reports for 

Key Employees and Primary Management Officials to the NIGC 

A. When a Key Employee or Primary Management Official is employed to work at a 

Gaming Operation authorized by this Ordinance, the Commission shall forward to the 
NIGC information pertaining to the background investigation along with a suitability 

determination. 

B. The Gaming Operation shall not employ as a Key Employee or Primary Management 

Official a Person who doles not have a license after 90 days. 

Section 5.12 Report to the NIGC 

A. When a Key Emplo!ree or Primary Management Official is employed to work at a 

gaming operation authorized by this Ordinance, the Commission shall prepare and 

forward a report on each background investigation to the NIGC. An investigative report 

shall include all of the following: 

1. Steps taken in conducting a background investigation; 

2. Results obtaine:d; 

3. Conclusions reached; and 

4. The bases for those conclusions. 

B. The Commission shall forward the completed investigative report to the NIGC within 

sixty days after an employee begins work. 

C. The Commission shall submit, with the investigative report, a copy of the Eligibility 

Determination, unless the NIGC shall have advised the Tribe that the submission of the 

Eligibility Determination is not necessary. This Determination shall include a statement 

describing how the information submitted by the applicant was verified; a statement of 

results following an inquiry into the applicant's prior activities, criminal record, if any, 

and reputation, habits and associations; a statement showing the results of interviews of a 

sufficient number of knowledgeable people (such as former employers, personal 

references, and others referred to by the applicant) in order to provide a basis for the 

Commission to make a finding concerning the eligibility for licensing required for 

employment in a Gaming Operation; and a statement documenting the disposition of all 

potential problem areas noted and disqualifying information obtained. 

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

I. Shall notify the NIGC; and 

2. Shall forward copies of its Eligibility Determination and Investigative Report 

(if any) to the NIGC for inclusion in the Indian Gaming Individuals Records 

System. 
E. With respect to all employees, and in particular Key Employees and Primary 

Management Officials, the Commission shall retain applications for employment and 

reports (if any) of background investigations for inspection by the Chairman of the NIGC 

or his or her designee for no less than three years from the date of termination of 

employment. 

Section 5.13 grant in^ a Gaming License 

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

the Tribe that it has no objection to the issuance of a license pursuant to a license 

application filed by a Key Employee or a Primary Management Official for whom the 

Tribe has provided an application and investigative report to the NIGC, the Commission, 

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

1 

B. Such license shall be valid for two years upon which the employee will re-apply for a 

renewal license. 

C. The Commission shall respond to a request for additional information from the 

Chairman of the NIGC 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 

paragraph (a) of this section until the Chairman of the NIGC receives the additional 

information. 

D. If, within the thirty (30) day period described above, the NIGC provides the Tribe 

with a statement itemizing objections to the issuance of a license to a Key Employee or to 

a Primary Management Official for whom the Commission has provided an application 

and Investigative Report to the NIGC, the Tribe shall reconsider the application, taking 

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

decision whether to issue a license to such applicant. 

E. No applicant has an absolute right to a gaming license. A gaming license is a 

revocable privilege and no holder acquires any vested rights therein or there under. 

Section 5.14 License Suspension 

A. If, after the issuance of a gaming license, the Commission receives reliable 

information indicating that a Key Employee or a Primary Management Official is not 

eligible for employment, the Commission shall suspend such license and shall notify in 

writing the licensee of the suspension and the proposed revocation. 

B. The Commission shall notifL the licensee of a time and a place for a hearing on the 

proposed revocation of a license by written letter. The licensee shall have ten days in 

which to reply to the notice of suspension and proposed revocation for a licensing 

hearing. The hearing shall convene within ten days of notification. 
C. After a revocation blearing, the Commission shall decide to revoke or to reinstate a 

gaming license. The Cornmission shall notify the NIGC of its decision. 

Section 5.15 Board of Review for Licensing Disputes 

The Tribe has determined that, in order to adhere to this Ordinance and all gaming 

regulations, there shall be established a Tribal Gaming Board of Review (Board of 

Review). The Board of Review shall serve as the final review body for licensing 

disputes. The Board of Review shall consist of the three Commissioners. 
CHAPTER VI 

Vendor Licensing 

Section 6.01 Licensing for Vendors 

A. Vendors of gaming :services or supplies with a value of $25,000 or more annually 

must have a Vendor License from the Commission in order to transact business with the 

Tribal gaming operation pursuant to the Tribal-State Gaming Compact. Contracts for 

professional legal and accounting services are excluded from this section. 

B. Gaming vendors are entities who provide gaming supplies and services, including 

cash-related services. 

C. Non-gaming vendors provide services that do not have the ability to impact the 

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

maintenance workers, linen and laundry services, and food and beverage suppliers. The 

Commission shall create a regulation detailing which vendors fall into this category and 

shall maintain a register of the non-gaming vendors that it licenses. The Commission 

may exempt from licensing requirements non-gaming vendors who: 

1. are a Tribal, Local, State, or Federal government agencies; 

2. are regulated by the State of Oklahoma or the Tribe; or 

3. will provide golods of insubstantial or insignificant amounts or quantities if the 

Commission determines that licensing of the vendor is not necessary to protect the 

tribal and public interest. 

Section 6.02 Submission of a Vendor License Application 

In order to obtain a Vendor License, the business must complete a vendor application and 

submit to background checks of the business and its principals. Principals of a business 

include the officers, d.irectors, management, owners, partners, non-institutional 

stockholders that either own at least 5% of the stock or are the ten largest stockholders, 

the on-site supervisor or manager under the agreement with the Tribe, if applicable, and 

employees of the company conducting business on gaming property. 

Section 6.03 Contents of the Vendor License Application 

A. Applications for Vendor Licenses must include the following: 

1. Name of business, business address, business phone, federal tax ID number 

(or SSN if a sole proprietorship), main office address if different from business 
address, any other names the applicant has done business under, and the type of 

service applicant will provide; 

2. Whether the applicant is a partnership, corporation, limited liability company, 

sole proprietorship, or other entity; 

3. If the applicant is a corporation, the state of incorporation. 

4. Trade name, other names ever used, names of any wholly owned subsidiaries 

or other businesse:~ owned by the vendor or its principals; 

5. General description of the business and its activities; 

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

gaming industry gcmerally, including ownership interests in those businesses; 

7. A list of Indian tribes with which the vendor has an existing or previous 

business relationship, including ownership, financial, or management interests in 

non-gaming activities; 

8. Names, addresses, and phone numbers of three business references (two 

businesses and one: bank), with whom the company had regularly done business. 

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

business has filed an application for a license or permit related to gaming, whether 

or not such license or permit was granted; 

10. If the business has ever had a license revoked for any reason, the 

circumstances involved; 

11. A list of lawsuits to which the business has been or is involved, including the 

name and address of the court involved, and the date and disposition if any; 

12. List of the principals of the business, their social security numbers, addresses 

and telephone numbers, title, and percentage of ownership in the company; and 

13. Any further ini'ormation the Tribe deems relevant. 

B. The following notice shall be placed on the application form for a vendor and its 

principals: 

Inclusion of false or misleading information in the vendor application may be 

grounds for denial or revocation of the Vendor License. 
C. The vendor shall be required to submit in writing any changes in the information 

since the original license application was filed and any information requested by the 

Tribe not contained in the original application. 

Section 6.04 Vendor Background Investipation 

To complete an investigation of the gaming vendor this investigation shall contain, at a 

minimum, the following steps: 

A. Verification of the business' incorporation status. 

B. Obtain a business credit report, if available, and conduct a Better Business Bureau 

check on the vendor; 

C. Conduct a check of tht: business' credit history; 

D. Call each of the references listed in the vendor application; and 

E. Conduct an investigation of the principals and any other employees the Choctaw 

Gaming Commission deerns necessary of the business, including a criminal history check 

and a credit report. 

Section 6.05 Vendor License Fee 

The Tribe may charge a license fee, to be set by the Commission, to cover its expenses in 

investigating and licensing vendors of the Gaming Operation. 

Section 6.06 Vendor Background Investi~ation Report 

The Choctaw Gaming Commission, or its agents, shall employ or engage and investigator 

to conduct vendor background investigations. The investigator(s) shall complete an 

investigative report covering each of the steps taken in the background investigation of 

the gaming vendor and its principals and present it to the Commission. 

Section 6.07 Licenses for Non- gamin^ Vendors 

For non-gaming vendors, the Commission is authorized to create a less stringent vendor 

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

investigation as described in Section 6.04. The Commission may investigate such 

vendors when appropriate and may conduct audits in addition to monitoring Tribal 

purchases. 
CHAPTER VII 

Miscellaneous Provisions 

Section 7.01 Sovereign Immunity 

The Choctaw Nation of Oklahoma, acting through the Tribal Council, confers on the 

Commission all of the Tribe's rights, privileges, immunities and sovereign immunity 

from suit, to the same extent that the Tribe would have such rights, privileges, if it 

engaged in the activities undertaken by the Commission. 

Section 7.02 Agent far Service of Process 

The Tribe hereby designates Bob Rabon, Tribal Attorney, as agent for service of process, 

who may be contacted at: P. 0. Drawer 726,402 E. Jackson St., Hugo, OK 74743. 

Section 7.03 Compliance with Federal Law 

The Tribe shall comply with all applicable federal law, including the Bank Secrecy Act, 

3 1 U.S.C. 5 53 11 et seq. 

Section 7.04 Compliance with State-Tribal gamin^ Act 

The Tribe shall comply with all applicable standards as identified in the State-Tribal 

Gaming Act ENR. S. B. No. 1252. 

Section 7.05 Severability 

The provisions of this Gaming Ordinance are severable. If any provision of this Gaming 

Ordinance or any portion of any provision of this Gaming Ordinance is held invalid by a 

court of competent jurisdiction, the invalidity shall not effect any other provision of this 

Gaming Ordinance. The remainder of this Gaming Ordinance shall remain valid and in 

full effect. 

Section 7.06 Amendment 

All provisions of this Gaming Ordinance are subject to amendment by the Tribal Council 

of the Choctaw Nation of Oklahoma. Any such amendment to this Gaming Ordinance 

shall be submitted to the N[GC for approval within fifteen (1 5) days of adoption. 
Section 7.07 Effective Date 

This Gaming Ordinance shall be effective on the date of enactment.